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Journal of the House of Representatives of the State of Mississippi,
Called Session, at Macon, August, 1864:

Electronic Edition.

Mississippi. Legislature. House of Representatives.


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University of North Carolina at Chapel Hill,
2001.

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Source Description:
(title page) Journal of the House of Representatives of the State of Mississippi, Called Session, at Macon, August, 1864.
104p.
MERIDIAN, MISS.
J. J. SHANNON & CO., STATE PRINTERS.
1864.

Call number 1670conf Aug, 1864 (Rare Book Collection, University of North Carolina at Chapel Hill)



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Illustration


JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF MISSISSIPPI,
CALLED SESSION, AT MACON,
AUGUST, 1864.

MERIDIAN, MISS.
J. J. SHANNON & CO., STATE PRINTERS.
1864.


Page 3

HOUSE JOURNAL.

WEDNESDAY, August 3, 1864.

        At a called session of the Legislature of the State of Mississippi, convened at Macon, on Wednesday, the third day of August, in the year of our Lord one thousand eight hundred and sixty-four, in compliance with the Constitution of the State and the laws in conformity therewith, and in the sovereignty of the State the 47th, and in the 4th year of the independence of the Confederate States of America.

        The place of meeting of the Legislature having been changed from the capital of the State to Macon, by virtue of the following proclamation of his Excellency, the Governor, to-wit:

PROCLAMATION.

EXECUTIVE OFFICE,
MACON, MISS., July 4th, 1864.

        Whereas, the interest of the State requires that the Legislature should assemble, and the city of Jackson, from the proximity of the enemy, having become dangerous,

        I, CHARLES CLARK, Governor of Mississippi, do hereby proclaim and order that the Legislature of the State should convene at Macon, in the county of Noxubee, on the third day of August next, in such buildings as shall be provided for that purpose.

        [SEAL] In testimony whereof I have hereto set my hand and SEAL the great seal of the State.

CHARLES CLARK.

By the Governor,
C. A. BROUGHER, Sec'y of State.


        Be it remembered, That on the day and year aforesaid, being the time and place for the assembling of the Legislature of Mississippi in conformity to the Constitution and laws


Page 4

of the State, and the proclamation of the Governor as aforesaid,

        The House was called to order at 12 o'clock, M., in the Calhoun Institute, by the Hon. Lock E. Houston, Speaker of the House of Representatives.

        Upon a call of the roll the following Representatives appeared in their seats and answered to their names, to-wit:

        Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bradford, Bestor, Boon, Barton, Brown, Barnett, Cunningham, Downs, Daniel, Evans, Fort, Gray, Hicks, Hanson, Hathorn, High, Hendon, Isom, Irby, Johnson of Wilkinson, Kirk, Liddell, Lott, Morehead, Montgomery, Maxwell, McLemore, McKay of Greene, McElroy, McGehee, Owen, Pope, Pounds, Powe, Regan, Staple, Seal of Harrison, Seal of Hancock, Sutton, Yandell, Young--43.

        No quorum being present,

        On motion of Mr. Seal of Harrison, the House adjourned until 4 o'clock, P. M.

FOUR O'CLOCK, P. M.

        House met pursuant to adjournment.

        Upon a call of the roll the following additional members answered to their names:

        Messrs. Arnold, Buntin, Easterling, Fox, Falconer, Moore, Marable, McLaurin, McNeil, Pinson and Robinson.

        A quorum being present the House proceeded to business.

        Mr. Fort introduced the Hon. John Bradley, of Marshall county, elected to fill the vacancy of Mr. Watson, who was duly qualified and took his seat.

        The Speaker presented the following communication, which was read:

MACON, MISS., August 3, 1864.

Hon. Lock E. Houston,
Speaker of the House of Representatives
--

        SIR:--I hereby tender my resignation as Sergeant-at-Arms of the Mississippi Legislature, and thank you for the many acts of kindness shown me.

Most respectfully, your ob't servant,

D. R. CORLEY.


        On motion of Mr. Alcorn, the Clerk was instructed to inform the Senate that the House was now organized and ready for business.


Page 5

        On motion of Mr. Regan, the House proceeded to the election of Door-Keeper.

        Mr. Cunningham nominated Mr. Geo. W. Edwards, of Macon, and on his further motion Mr. Edwards was elected by acclamation.

        The following message was received from the Senate:

MR. SPEAKER:

        I am instructed to inform the House of Representatives that the Senate have organized and are ready to proceed to business.


        On motion of Mr. Alcorn, a committee of five on the part of the House, and on the part of the Senate, was appointed to wait upon the Governor, and inform him that both Houses are now organized, and ready to receive any communication he may be pleased to make.

        The Speaker announced, as the committee on the part of the House, Messrs. Alcorn, Fort, Hathorn, Hicks and Downs.

        Mr. Seal, of Harrison, moved, with the concurrence of the Senate, that the two Houses proceed to the election of Sergeant-at-Arms at five o'clock this evening, which was adopted, under a suspension of the rules.

        Mr. Hicks, by leave, introduced a bill to be entitled "An act to authorize the Speaker of the House of Representatives, and President of the Senate, to appoint messengers between the two bodies.

        On motion of Mr. Hicks, the rule was suspended, the bill read the second and third time by its title and passed--title standing as stated.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have concurred in the joint resolution of the House providing for a joint committee to wait upon the Governor, &c., and have filled the blank in said resolution with three.

        Messrs. Wilson, Quin and Griffin have been appointed as said committee on the part of the Senate.


        Mr. G. W. Edwards, Door-Keeper elect, was duly qualified and entered upon the discharge of his duties.

        Mr. Cunningham presented a joint resolution in regard to Major General Forrest, which was read the first time.

        Mr. Morehead presented sundry petitions from W. M. Haley, sheriff of Copiah County, which, on his motion, were referred to the Committee on Claims.


Page 6

        Mr. Alcorn, from the Joint Select Committee to wait upon the Governor, reported that the committee had discharged the duty assigned them, and that the Governor would immediately transmit a message in writing.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate has concurred in the joint resolution of the House in relation to the election of a Sergeant-at-Arms.


        The following message in writing was received from the Governor, through his private Secretary, Mr. Poindexter:

GOVERNOR'S MESSAGE.

EXECUTIVE OFFICE,
MACON, MISS., August 3d, 1864.

Gentlemen of the Senate and House of Representatives:

        I have deemed it necessary to call you together to consider of the propriety of further legislation for the disposition of the Confederate treasury notes, certificates and bonds, in the State treasury.--By your act, approved 30th March, 1864, I was required to fund all the notes of the denomination of $100 in bonds, and to exchange the remainder, at the discount for the new issue, and to sell the bonds in the market. I appointed Col. Jas. D. Stewart agent, under this act, and sent him to Richmond to procure the bonds and notes. His report is herewith submitted. As he found on his arrival that the Congress had passed an act to authorize States to exchange one half of the Confederate notes held by them for new notes, and to fund the remainder at par, he suggested to the members from Mississippi that the provisions of the act should be extended so as to embrace all moneys already deposited. This was done by the supplemental act of the 15th June. By the report of the Treasurer, herewith submitted, it appears that there was in the treasury, on the 26th of July, in Confederate treasury notes, the sum of six hundred and eighty eight thousand four hundred and six dollars and one half, [$688,406½]; in certificates of deposit, seven hundred and fifty-five thousand two hundred dollars [$755,200]; and one bond for two thousand eight hundred dollars [$2,800]. Of the amount in notes, about three hundred and forty-one thousand three hundred dollars, [$341,300] is in notes of the denomination of $100, seventeen thousand being in notes of one hundred each, bearing interest at the rate of two cents per day. Of the amounts deposited at Selma and Montgomery, the sum of $155,200 was in notes of a less denomination than one hundred dollars, and is subject to be withdrawn.

        All these notes and certificates (except the interest bearing notes) can now be exchanged under the acts of Congress, approved June the 14th and 15th, one half for new issue and one half for four per cent. coupon bonds--bonds not subject to taxation, or six per cent bonds such as were authorized by the act approved 17th February 1864.


Page 7

        Of the Confederate money in the treasury and on deposit, about $600,000 is the proceeds of the military relief tax, to be paid out for the relief of the destitute families of our soldiers. This payment is now due and should be made without delay. They cannot wait until the bonds are issued and sold. The amount due them, and the outstanding liabilities of the Treasury and Quartermaster General's department, exceed the sum in the treasury, in State and cotton notes. I recommend that the Confederate notes and certificates be funded and exchanged according to the provisions of the act of Congress of the 14th and 15th June that the bonds be retained in the treasury until they can be paid out or sold at par, and that further issue of paper be made to supply the wants of the treasury, and to make further provision for the families of our soldiers.

        On the 5th of April last I approved a joint resolution adopted by you, thanking the officers and soldiers of Mississippi for their noble and patriotic conduct in re-enlisting for the war. In those resolutions we renewed the pledge which had been made before, "that so long as we have any means to prevent it, the families of our brave soldiers shall never suffer in their absence." To enable you to redeem that pledge I have called you together, and I recommend that you not only save from loss the sum already provided for them, but largely increase it.

        Some further provision by law is required to facilitate the purchase of supplies by the commissioners, and for the transportation of these supplies. Under the laws of the Confederate States, a large class of persons are exempt from military service on certain conditions, one of which is that the whole of their surplus agricultural products shall be sold to the government or to the families of soldiers. In the counties where there is the most need for the distribution of such supplies, there are but few such exemptions. I advise, that, under such regulations as you may deem proper, authority be given to impress such supplies at the price fixed by the Confederate government. No impressment can now be made by the commissioners except in their own counties. They should also be authorized to impress wagons, &c., and, with the consent of the Governor, when it may be necessary, the cars of railroads.

        Since your last adjournment, the enemy have, in their raids, by destruction of property, theft and devastation, added greatly to the number of the destitute. On their retreat they vented their cowardly rage on the non-combatant inhabitants, plundering, burning and destroying their property, even the clothing of the women and children. Since you last met hundreds of the gallant men who then received your thanks have fallen in battle, leaving their families to the care of a grateful country. To provide for their material wants is your first duty, but it is not too early to consider of some plan for the education of the children of our deceased soldiers. I am gratified to know that this subject has engaged the attention of many of our benevolent and intelligent citizens. In the present distracted condition of the country it may not be practicable to put into operation an effective system, but you should deliberate and prepare the plan and means. I respectfully recommend that an adequate tax be assessed for this purpose, and that committees be


Page 8

appointed to examine and report upon the proper localities, plans of buildings, and systems for the government and support of the schools. The clergy of several of the christian churches have entered into this work, and I have the assurance of the co-operation of those of others. It should be their pleasure, as well as duty, to exert their influence and give their aid. They are exempt from military duties; in this field they can find acceptable labors, compatible with their holy calling. From their efforts we may expect valuable assistance in procuring the means for the erection of buildings and in the collection of funds.

        In April last I appointed Major J. L. Power "Superintendent of the Army Records" for the Mississippi troops in the Army of Tennessee and in this department; and also appointed Major I. M. Partridge for the army in Virginia. As no provision has been made by law for their compensation, they receive none, and accepted their appointments with the understanding that they would await the action of the Legislature. Provision should be made by law for the permanent preservation of the materials for the personal history of every Mississippi soldier. Their history is one of which the State may well be proud. Many bright pages will be lost by delay. I recommend this subject to your favorable consideration. I transmit herewith the report of Major Power. It shows that he understands his duties and is efficiently engaged in their performance.--Major Partridge has also been faithfully at work in Virginia, as I am informed by his letters, but no formal report has been received from him.

        I transmit herewith the report of Dr. E. M. Blackburn, one of the medical commissioners. He did not receive my notice of the repeal of the act under which he was appointed until the 15th of February last. The amount expended by him previous to that date and after the repeal of the law, I did not consider myself authorized to pay, although the appropriation unexpended was ample. I recommend a special appropriation, and that authority be given to settle the account of the other commissioner, Dr. Holt, when presented.

        Major H. R. Ware, who was appointed to audit and report on informal claims, having resigned, I recommend that the duties be devolved on the Quartermaster General.

        By paragraph II, of section 10, of the act of Congress, entitled "an act to organize forces to serve during the war," approved 17th of February, 1864, it is provided that certain officers therein named, and "such other Confederate and State officers as the President or the Governors of the respective States may certify to be necessary for the proper administration of the Confederate or State governments, as the case may be," shall be exempt from military service. By your joint resolution, approved April 4, 1864, you declare "that the Congress of the Confederate government has no constitutional power to conscribe or place in the military service of the Confederate States, any legislative, executive, judicial, or military officer, member or agent of the State governments, nor are such officers, agents or members liable to conscription or military service, in the army of the Confederate States, whether exempted or not by the law of the Confederate States." Having approved this resolution, I


Page 9

declined to issue to the officers of the State certificates of exemption according to the act of Congress. I could not do so without recognizing the validity of a provision that, by implication, asserted a power which you had declared the Congress did not possess. The constitution requires the Governor to "take care that the laws be faithfully executed." For the execution of the laws, officers and agents are required to be elected and appointed. Some officers have the power to appoint deputies to assist them in the discharge of their duties--courts may appoint commissioners in certain cases--boards of police may appoint agents, overseers of roads, &c. This is a power which I did not give, nor can I take it away. A great number of towns and villages have been incorporated. Their mayors, selectmen, aldermen and constables, claim exemptions. Whether they are entitled to it or not is a question for the courts to decide. The right to exemption, whenever it exists, is the right of the State, which she may waive, and I recommend to your consideration, whether you may or not, in the present emergency, waive that right as to many officers of the State, and whether the number of the officers may not be diminished. Some counties in this State are entitled to about fifteen or twenty justices of the peace. The office of constable has suddenly become desirable. Since the passage of the act of Congress referred to, a vast number of vacancies in office have been discovered, and no difficulty in finding men to fill them. Sheriffs, having by law the power to appoint an unlimited number of deputies, have been besieged by applicants, and even under the restraint which I endeavored to throw around them, by requiring the approval of their appointments by the Judge of Probate and the President of the Board of Police, but few have had any difficulty in procuring a sufficient number. I believe that in many counties the Sheriff should have a police force at his command. A few months since, life and property in many parts of the State were insecure. The courts were seldom holden, and the civil law was almost a dead letter. Deserters, thieves and robbers, banded together, overawed the citizens. What number of deputies have been appointed I cannot inform you, or whether the selections have been judicious. I recommend that you provide by law that not more than one deputy Sheriff, under the age of 45 years, be allowed, and that a reasonable number over that age be permitted. Of that number, you who are acquainted with the condition of affairs in your several counties, are the best judges.

        I recommend a revision of your statute of exemption from military duty.

        There are but few State or county officers who may not, without detriment to the public service, take arms for a few days to repel raids and sudden invasions. Let the number of such exempts be reduced, and all those who refuse to respond promptly in case of emergency, be declared liable to conscription and enrollment in Confederate service.

        The efficient organization of the militia in the present condition of the country is attended with many difficulties. I have authorized the enlistment in the State service of a number of companies of minute men, without bounty, and to receive no pay, except when ordered into actual service, in case of emergency. I recommend the repeal of the law granting bounty to volunteers, that you authorize


Page 10

the acceptance of companies of minute men, composed of men not liable to conscription and enrollment in Confederate service, and that all others, capable of bearing arms, between the ages of 16 and 55 years, including all exempts and all detailed men, not mustered into Confederate service, whether organized or not, be rendered subject to the call of the Governor for military duty, at such time and such place as he may designate, to be organized into companies battalions, &c., at the place of rendezvous, and that adequate penalties be provided for disobedience of such order, whether the order be for all the militia of the State or for those of named counties or districts.

        A few weeks since, at the request of the commander of this department, I issued a proclamation calling upon all the men capable of bearing arms to assemble at Brandon and Artesia to aid in repelling the enemy. Several hundred citizens assembled and were organized. Many companies were formed, and were on their march to the place of rendezvous, but returned on hearing that the enemy had been routed and driven back. Many of those companies have retained their organization and reported themselves for duty whenever called upon. There are thousands of our citizens who are ready to organize and take arms at a moment's notice, but there are some who evade duty by every shift and device, and can only be brought out by the enforcement of law. The amendments to the militia law, most urgently required, are, the substitution of a call by proclamation for the draft, and the provision of adequate penalties for neglect to obey the call.

        On the fourth day of May last, I transferred to the Confederate army the brigade commanded by Gen. Gholson, composed of the regiments of Colonels McGuirk, Lowry and Ham, and the battalions of Lt. Col. Ashcraft and Major Harris. I permitted the men transferred to retain the horses belonging to the State, with the understanding that the officers were to be responsible for the payment of one hundred dollars for each horse. These troops have distinguished themselves in battle in our defence. I recommend that all the horses in the possession of Gen. Gholson's brigade, and the other regiments that have been transferred, be presented to them. and the officers be released from their obligations.

        There are now in the State service only fifteen companies of cavalry. These were all placed under the orders of Maj. Gen. Forrest and Brig. Gen. Adams during the late operations in West and North Mississippi. Eight companies, who reported to Gen. Adams, were in the actions at Coleman's Cross Roads, in Jefferson, and near Port Gibson and Grand Gulf. Gen. Adams gives a good report of them, and says they behaved with the steadiness and gallantry of veteran troops.

        At the request of Gen. Lee, I ordered the impressment of horses and mules for his artillery at Tupelo. Without these one of his best batteries could not have been brought into action. The cost of these animals was sixty-one thousand two hundred dollars. The amount is charged to the Confederate government.

        The commissioners to examine the offices of the Auditor and Treasurer, and those for the Quartermaster General and Executive departments, have been actively engaged in the discharge of their duties. It is believed that they will be able to complete their labors


Page 11

in the time prescribed by law. In the examination of the Quartermaster General's department, it was found to be necessary to send to Richmond for the accounts and vouchers which had been filed there, in order to have them restated for settlement.--Mr. Morey, one of the commissioners, with my approbation, went to Richmond for that purpose. I recommend that an appropriation be made for the amount of his necessary expenses, also to Col. Stewart for his expenses as shown in his report. As the labors of both commissioners are of importance, I advise that the power be given to the Governor to extend, if necessary, these terms, and also that the examination of the accounts of the Auditor's and Treasurer's office be carried down to the 1st of August, 1864.

        In April last contracts were made with responsible parties for the delivery to the State of over 50,000 pairs of cotton and wool cards, and about $100,000 worth of medicines. Causes beyond the control of the contractors have prevented the delivery of those articles in the time prescribed, but it is believed that they will still be able, and in a short time, to furnish enough to supply at least the wants of the families of soldiers. No appropriation has been made out of which the medicines can be paid for. I recommend an appropriation of $100,000 for this purpose, but if this should not be made, a portion of the medicines can be sold and the remainder distributed gratuitously.

        I regret the necessity of calling you together at this unusual season, but by further legislation you may save more than half a million of dollars to the Treasury. Immediate legislation is required to prevent a loss of near a quarter of a million to the fund for the destitute.

        By the changes suggested in the military laws, several thousand men may be made available for the defence of the State. It is true that we must have a State Government and officers to administer it. Some must be left from the army to provide food and clothing for the army and the people. The religious and educational interests of the country must not be neglected; but for none of these causes can any man be excused from the highest of all duties--the defence of his home when the enemy is at his door.

        Let us do our whole duty, and we may confidently trust our cause to the justice and mercy of the Omnipotent and righteous God, in whom we believe and whom we worship.

CHAS. CLARK.


        Mr. Regan moved to lay the message upon the table, and that one hundred copies of the same, with accompanying documents, be printed for the use of the House.

        Mr. Bradford moved to amend by striking out all the accompanying documents except Treasurer's Report.

        The question recurring on the original motion, it was adopted.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate has passed House bill, entitled 'An act to authorize


Page 12

the Speaker of the House of Representatives, and President of the Senate, to appoint messengers between the two bodies.


        The hour for the joint convention of the two Houses having arrived,

        On motion of Mr. Regan, a recess of five minutes was taken for the purpose of preparing the House for the reception of the Senate.

        The recess having expired, the House resumed business.

        The Senate entered and took the seats assigned them.

        The object of the joint convention having been explained by the President of the Senate,

        Mr. Seal, of Harrison, of the House, placed in nomination Mr. David Buck, of Noxubee.

        No other name being in nomination, on further motion of Mr. Seal, Mr. Buck was declared elected by acclamation, and having taken the oath of office, entered upon the discharge of his duties.

        The object of the joint convention having been accomplished, the Senate retired.

        On motion of Mr. Brown, the House adjourned until tomorrow morning 9 o'clock.

THURSDAY, August 4, 1864.

        House met pursuant to adjournment.

        The Journal of yesterday was read and approved.

        Mr. Bestor presented a petition, with accompanying documents, from Mr. Greenhood, of Clark county, which, on his motion, was referred to the Committee on Claims.

        Mr. Pounds presented a petition from Mr. Wigle, of Itawamba county, which, on his motion, was referred to the Committee on Claims.

        Mr. Arnold presented a memorial from sundry citizens of Lowndes county, relative to the distillation of ardent spirits.

        On motion of Mr. Arnold, the memorial was referred to a special committee of five.

        The Speaker appointed as such committee Messrs. Arnold, Johnson of Wilkinson, Hicks, Bestor and Gray.

        Mr. Sutton introduced a bill to be entitled,

        "An act to exempt a certain amount of property from


Page 13

taxes belonging to persons in the army, and for other purposes."

        On motion of Mr. Sutton, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Sutton, the bill was referred to the Committee on Ways and Means.

        On motion of Mr. Cunningham, the vote on yesterday, making the Governor's message the special order for 12 o'clock, Friday, was reconsidered.

        On his further motion, the message was made the special order immediately.

        The Governor's message was then taken up, and,

        On motion of Mr. Cunningham, that portion of the message relating to finances was referred to the Committee on Ways and Means.

        On motion of Mr. Fox, that portion of the message which relates to destitute families was referred to a special committee of five.

        The Speaker appointed as such committee Messrs. Fox, Bradley, Bestor, Seal of Harrison, and Brown.

        On motion of Mr. Bradford, that portion of the message which relates to military matter was referred to the Committee on Military Affairs.

        On his further motion, that portion of the message relating to the education of children of deceased soldiers was referred to the Committee on Education.

        On motion of Mr. Irby, that portion of the message which relates to medical commissioners, and certain State agents, was referred to the Committee on Claims.

        On motion of Mr. Regan, that portion of the message relating to contracts for wool-cards and medicines was referred to a select committee of five.

        The Speaker appointed as such committee Messrs. Regan, Irby, Fort, Alcorn and Marable.

        On motion of Mr. Falconer, that portion of the message relating to army records was referred to a select committee of five.

        The Speaker appointed as such committee Messrs. Falconer, Lott, Seal of Hancock, McLaurin and Hanson.

        On motion of Mr. Regan, that portion of the message which relates to the commissioners appointed for the examination of the offices of the Auditor and Treasurer, and those for the Quartermaster General and Executive


Page 14

Departments, was referred to the Committee on Ways and Means.

        Mr. Bradford introduced a bill to be entitled,

        "An act to amend an act amendatory of the revenue laws of this State."

        Which was read the first time.

        On motion of Mr. Bradford, the rule was suspended, and the bill read the second time by its title.

        Mr. Hicks moved to refer the bill to a select committee of three.

        Mr. Liddell moved to amend the motion by referring the bill to the Committee on Ways and Means, which was lost.

        The question recurring on the motion of Mr. Hicks, it was adopted.

        The Speaker appointed as such committee Messrs. Hicks, Bradford, and Liddell.

        Mr. Johnson, of Wilkinson, offered a bill by way of substitute for the bill offered by Mr. Bradford, which was read the first and second time by its title, and, on his motion, referred to the above special committee of three.

        Mr. Yandell introduced a bill to be entitled

        "An act to amend an act entitled an act to amend an act entitled an act better to provide for the families of soldiers, approved March 31, 1864, so far as the same relates to the county of Yazoo."

        Which was read the first time.

        On motion of Mr. Yandell, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Regan, the bill was referred to a select committee of three.

        The Speaker appointed as such committee Messrs. Regan, Yandell and Pinson.

        The following message was received from the Governor, through his private secretary, Mr. Poindexter:

MR. SPEAKER:

        I am instructed by his excellency, the Governor, to inform the House of Representatives that he did on this day approve and sign an act entitled "An act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two bodies," which bill originated in the House of Representatives.


        Mr. Barnett introduced a bill to be entitled

        "An act for the relief of Yazoo City."


Page 15

        Which was read the first time.

        On his motion, the rule was suspended, and the bill read the second time by its title.

        On the further motion of Mr. Barnett, the rule was suspended, the bill read the third time and passed, title standing as stated.

        Mr. Bestor introduced a bill to be entitled

        "An act for the relief of G. C. Chandler."

        Which was read the first time.

        On motion of Mr. Bestor, the rule was suspended, the bill read the second time by its title, and on his further motion, the bill was referred to the Committee on Claims.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed bills of the following titles, viz:

        "An act to restore the corporate powers of the city of Canton, in Madison county, and to provide for the election of officers thereof."

        "An act to relieve Tax Collectors in certain cases."

        Also adopted joint resolution entitled

        "Joint resolution directing the Governor to issue his proclamation calling on every able-bodied man in the State to take up arms to repel the invasion."


        On motion of Mr. Regan, the House proceeded to the consideration of Senate messages.

        The joint resolution directing the Governor to issue his proclamation with a view to repelling invasion, was taken up, and read the first time.

        On motion of Mr. Regan, the rule was suspended, the resolution read the second time, and adopted.

        The Senate bill to restore the corporate powers of the city of Canton, in Madison county, and to provide for the election of officers thereof, was taken up, and read the first time.

        On motion of Mr. Lott, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Alcorn, the bill was laid on the table, with a view to future reference.

        Mr. Alcorn offered the following joint resolution.

        Resolved, That a joint select committee, consisting of five on the part of the House, and -- on the part of the Senate, be appointed, to which shall be referred that portion of the Governor's message in reference to the exemption of the civil officers of the State from military service, and report


Page 16

by bill or otherwise such restrictions as will prevent the appointment or continuance in office of all unnecessary functionaries, and providing for the abolition or suppression of all offices. State, corporate, or judicial, as may, without detriment to the civil authorities, be dispensed with, and also providing such restrictions, in regard to qualification, etc., as may be conducive to the military service of the State, and not in conflict with the Constitution of the State of Mississippi.

        Which was read the first time.

        On motion of Mr. Regan, the rule was suspended, the resolution read the second time and adopted.

        The Speaker appointed as such committee Messrs. Alcorn, Anderson, Seal of Harrison, Powe and Hicks.

        The Senate bill to be entitled "An act to relieve tax collectors in certain cases," was taken up, and read the first time.

        On motion of Mr. Young, the rule was suspended, and the bill read a second time by its title.

        On motion of Mr. Hicks, the House resolved itself into Committee of the Whole for the consideration of said bill, Mr. Hicks in the Chair.

        After some time spent therein, the committee rose, reported the bill back to the house, without amendment, with the recommendation that it do pass.

        On motion of Mr. Hicks, the report of the committee was received and agreed to.

        On motion of Mr. Young, the rule was suspended, the bill read the third time by its title, and passed--title standing as stated.

        Mr. Fox, by leave, presented a petition from the board of police of Choctaw county relative to the destitute families of said county.

        On motion of Mr. Fox, the petition was referred to the select committee appointed to consider that portion of the Governor's message in relation to destitute families.

        Mr. McGehee, by leave, introduced a bill to be entitled

        "An act to reduce into one the several acts to aid in strengthening the army of the Confederate States."

        Which was read the first time.

        On motion of Mr. McGehee, the rule was suspended, and the bill read the second time by its title.

        Mr. Hicks moved to refer the bill to a committee of the whole House, which motion was lost.


Page 17

        On motion of Mr. Rucks, the bill was referred to the Committee on Military Affairs.

        Mr. Cunningham introduced a bill to be entitled

        "An act for the relief of the Sheriff of Noxubee county."

        Which was read the first time.

        On motion of Mr. Cunningham, the rule was suspended, the bill read the second and third time, and passed--title standing as stated.

        Mr. Fort, by leave, introduced a bill to be entitled

        "An act for the relief of the tax payers of Marshall county."

        Which was read the first time.

        On motion of Mr. Fort, the rule was suspended, the bill read the second time by its title, and,

        On his further motion, the bill was referred to a select committee of five.

        The Speaker appointed as such committee Messrs. Fort, Yandell, Anderson, Maxwell and McNiel.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have adopted the following joint resolution, in which the concurrence of the House is desired:

        Resolved by the Senate, (the House concurring) That the Hon. Ethel Barksdale, member of Congress from this State, be invited to address the Legislature at his earliest convenience.

        The President of the Senate has appointed Wm. B. Brown messenger for the Senate.


        Mr. Irby, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:--

        The Committee on Enrolled Bills beg leave to report that they have examined an act entitled "An act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two houses," found the same correctly enrolled, and have presented it to His Excellency, the Governor, for his approval and signature.


        Mr. Hendon, by leave, introduced a bill to be entitled,

        "An act to amend chapter 8 of the Revised Code, establishing the fees of county officers of Scott county,"

        Which was read the first time.

        On motion of Mr. Hendon, the rule was suspended and the county read the second time by its title.

        Mr. McElroy moved to amend the bill so as to include the county of Newton.


Page 18

        On motion of Mr. Johnston, of Wilkinson, the bill, with amendment, was referred to the Committee on Ways and Means.

        Mr. Hanson, by leave, introduced a bill to be entitled.

        "An act to remove the civil disabilities of Thos. C. Rasberry, a minor of Leake county,"

        Which was read the first time.

        On motion of Mr. Hanson, the rule was suspended, the bill read the second and third time by its title and passed--title standing as stated.

        Mr. Brown called up the joint resolution offered yesterday relative to the presentation of a sword to Major General Forrest.

        On motion of Mr. Rucks, the resolution was referred to a special committee of five.

        The Speaker appointed as such committee Messrs. Rucks, Cunningham, Brown, Alcorn and Johnson of Wilkinson.

        Mr. Johnson, of Wilkinson, by leave, introduced a bill to be entitled,

        "An act to ratify and approve the acts of the Board of Police of Wilkinson county, in relation to the reports of Trustees of Common Schools in said county,"

        Which was read the first time.

        On motion of Mr. Johnson, the rule was suspended, the bill read the second and third time by its title and passed--title standing as stated.

        Mr. Young called up the Senate joint resolution inviting the Hon. Ethel Barksdale to address the Legislature, and moved the concurrence of the House in the same.

        The question being taken on the adoption of the resolution, it was decided in the affimative.

        Mr. Yandell offered the following resolution which was adopted:

        Resolved, That the Speaker be authorized to invite the ministers of the different denominations, resident at Macon, to open the daily sessions with prayer.

        On motion of Mr. Pope, the House adjourned until to-morrow morning, 9 o'clock.

FRIDAY, August 5, 1864.

        House met pursuant to adjournment, and was opened with prayer by the Hon. Mr. Evans.


Page 19

        Journal of yesterday read and approved.

        Upon a call of the counties,

        Mr. Rucks introduced a bill to be entitled,

        "An act to authorize and empower the Board of Police of Calhoun County to borrow the School Funds from the Treasurer of said County, for the use of the indigent families of soldiers therein,"

        Which was read the first time.

        On motion of Mr. Rucks, the rule was suspended and the bill read the second time by its title.

        Mr. Gray moved to amend the bill so as to include the county of Wayne, which was adopted.

        Mr. Archer moved to amend so as to include the county of Choctaw, which was adopted.

        Mr. Daniel moved to amend so as to include the county of Marshall, which was adopted.

        Mr. Johnson, of Wilkinson, moved to amend so as to include the county of Wilkinson, which was adopted.

        Mr. McGehee moved to amend so as to include the county of Pike, which was adopted.

        On motion of Mr. Seal, of Harrison, the bill, with amendments, was referred to a select committee of seven.

        The Speaker appointed as such committee Messrs. Rucks, Morehead, Murdock, Brown, Hicks, Staples and Bradley.

        Mr. Rucks introduced a bill to be entitled,

        "An act for the benefit of A. G. Barton and Wm. Driskell, of Calhoun county,"

        Which was read the first time.

        On motion of Mr. Rucks, the rule was suspended and the bill read the second time by its title.

        On his further motion it was referred to the Committee on the Judiciary.

        Mr. Fox introduced a bill to be entitled,

        "An act to amend an act entitled an act to incorporate the Mississippi Manufacturing Company," approved April 11, 1852,

        Which was read three several times under a suspension of the rules and passed--title standing as stated.

        Mr. Morehead introduced a bill to be entitled,

        "An act to authorize the Board of Police of Copiah county to sell certain property belonging to the poor fund,"

        Which was read the first time.

        On motion of Mr. Morehead, the rule was suspended and the bill read the second time by its title.


Page 20

        On motion of Mr. Brown, the bill was referred to the special committee of seven provided for the consideration of the bill introduced by Mr. Rucks.

        Mr. Murdock presented sundry claims of Mr. E. C. Eggleston, which, on his motion, were referred to the Committee on Claims.

        Mr. McElroy introduced a bill to be entitled,

        "An act to increase the annual salary of the Probate Judge of Newton county,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. McElroy introduced a bill to be entitled,

        "An act to furnish the county of Newton with the reports of the High Court of Errors and Appeals of this State, those heretofore furnished said county having been destroyed by the enemy in February last"

        Which was read three several times under a suspension of the rules, and passed--title standing as stated.

        Mr. Sutton introduced a bill to be entitled,

        "An act to remove the civil disabilities of Heyden L. Level, a minor of Rankin county,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Johnson, of Wilkinson, introduced a bill to be entitled,

        "An act for the relief of John W. Bryant, County Treasurer of Wilkinson county,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Bradford introduced a bill to be entitled,

        "An act for the relief of Wm. H. Wright, Jailor of the county of Bolivar,"

        Which was read the first time.

        On motion of Mr. Bradford, the rule was suspended, the bill read the second time by its title; and on his further motion, the bill, with accompanying documents, was referred to the Committee on Claims.

        On motion of Mr. Yandell, Messrs. Alcorn and Falconer were added to the Committee on Military Affairs.

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:


Page 21

MR. SPEAKER:

        The Committee on Ways and Means, to which was referred a bill to be entitled, "An act to amend chapter eight (8) of the Revised Code, establishing the fees of county officers of Scott county," with an amendment thereto adding Newton county, have had the same under consideration, and have instructed me to report the same back to the House and recommend that it do not pass.

1. The fees of public officers, as established by Statute, are uniform--this uniformity should be continued--a departure from this rule results in a separate code of laws for each county, reflecting the liberality or parsimony of the representative, and subject to continued change.

2. The civil officers of the State are exempt from all military service, if their official business is sufficient for their employment the result will be an ample compensation for support. If the business of the office is not sufficient for the employ of the functionary, his time can be employed in some other way whereby a support may be secured. While our soldiers in the field are fighting, practically without pay, and their families at home are struggling with the assistance of the State for a pitiful subsistence, civil officers, your committee are inclined to think, should not clamor for any additional pay to that provided by law.


        On motion of Mr. Alcorn the report was received and agreed to.

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:

MR. SPEAKER:

        The Committee on Ways and Means, to whom was referred a bill to be entitled "An act to exempt a certain amount of property from taxes belonging to persons in the army, and for other purposes," have instructed me to report the bill back to the house with sundry amendments, and recommend its passage.


        On motion of Mr. Alcorn, the report was received and agreed to; and on his further motion the bill was taken up, read the third time by its title and passed--title standing as stated.

        On motion of Mr. Hicks, the vote on yesterday, passing a bill for the relief of tax collectors in certain cases


Page 22

reconsidered; and, on his further motion, the bill was referred to the Committee on Ways and Means.

        Mr Regan, from the select committee to whom was referred a bill entitled, "An act to amend an act entitled an act better to provide for the families of soldiers," approved March 31st, 1864, so far as the same relates to the county of Yazoo, reported the same back with sundry amendments.

        On motion of Mr. Regan, the report of the committee was received and agreed to.

        On his further motion, the bill, as amended, was read the third time by its title and passed--title as stated.

        Mr. Murdock, by leave, introduced a bill to be entitled,

        "An act to amend an act to authorize and require the Governor to cause to be prepared and printed a sufficient amount of Bonds, bearing eight per cent interest, for the purpose of calling in and taking up the notes issued by law for military defence of this State," approved December 5, 1862,

        Which was read three several times under a suspension of the rules, and passed--title standing as stated.

        Mr. Grace offered the following joint resolution, which was lost:

        Resolved by the House, (the Senate concurring,) That no bill be entertained by this session of the Legislature except it be demanded by the exigencies of the times--the exigency to be determined by a majority of either House, in which the bill or bills may originate.

        Mr. Fort, from the committee to whom was referred a bill to be entitled, "An act for the relief of tax payers of Marshal county," reported the same back to the House, with an amendment thereto, and recommended its passage.

        On motion of Mr. Fort, the report was received.

        On motion of Mr. Regan, the bill was referred to the Committee on Ways and Means, with instructions to report on individual cases.

        Mr. Morehead, by leave, introduced a bill to be entitled,

        "An act to increase the force to work on the public roads,"

        Which was read the first time.

        On motion of Mr. Morehead, the rule was suspended and the bill read the second time by its title.


Page 23

        Mr. Archer moved to exempt Choctaw county from the operations of said bill, which was lost.

        Mr. Morehead move to suspend the rules with a view to placing the bill on its third reading, which motion was lost.

        Mr. Murdock offered the following joint resolution:

        Resolved, (the Senate concurring,) That a committee of three on the part of the House, and -- on the part of the Senate, be appointed to prepare an address to the General Assembly of the State of Alabama, urging that body to co-operate with this State in putting a stop to the distillation of ardent spirits, which was read the first time.

        Mr. Murdock moved to suspend the rules for the purpose of having the resolution read the second time, which was lost.

        Mr. Downs offered the following resolution, which was adopted:

        Resolved,That His Excelleney, the Governor, be requested to furnish the House of Representatives with any information he may be in possession of, with reference to the quantity of land that has been entered at the different Land Offices in this State, and what amount of money has been received for the same, and what amount of money, if any, is now on hand, or what use, if any, has been made of said funds.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed a bill entitled an act to repeal an act entitled "An act to incorporate the Bank of Jackson, and other banks," approved January 17, 1862, and all acts amendatory thereof.

        The following Joint Standing Committee on the part of the Senate:


        The Senate has passed the following, entitled,

        "An act to amend an act entitled an act to authorize County Treasurers and other county officers, and other persons


Page 24

holding Confederate Treasury Notes in fiduciary capacity, to dispose of them under the recent legislation of Congress, and for other purposes:"

        On motion of Mr. Hicks, the house proceeded to the consideration of the Senate messages.

        The Senate bill to authorize County Treasurers and other county officers, and other persons holding Confederate Treasury Notes in fiduciary capacity, to dispose of them under the recent legislation of Congress, and for other purposes, was read the first time.

        On motion of Mr. Anderson, the rule was suspended, the bill read the second and third time by its title, and passed--title standing as stated.

        The Senate bill to repeal an act entitled "An act to incorporate the Bank of Jackson and other banks, approved January 17th, 1862, and all acts amendatory thereof," was read the first time.

        On motion of Mr. Hicks, the rule was suspended, and the bill read the second time by its title.

        On his further motion, the bill was referred to the Committee on the Judiciary.

        Mr. Isom, by leave, introduced a bill to be entitled,

        "An act for the relief of the infant heirs of L. H. Maddox, of Lafayette county,"

        Which was read the first time.

        On motion of Mr. Isom, the rule was suspended, the bill read the second time by its title; and on his further motion was referred to the Committee on Claims.

        Mr. Fox, by leave, introduced a bill to be entitled,

        "An act to secure the payment of money borrowed from the School Fund of Township 20, Range 10, in Choctaw county,"

        Which was read the first time.

        On motion of Mr. Fox, the rule was suspended and the bill read the second time by its title.

        On motion of Mr. Murdock, the bill was referred to the Committee on Ways and Means, with instructions to report a general bill on the subject.

        Mr. Young introduced sundry bills, which, on his motion, were referred, without reading, to the Committee on the Judiciary.

        Mr. Murdock, by leave, introduced a bill, which, on his


Page 25

motion, was referred, without reading, to the Committee on the Judiciary.

        Mr. Fox, by leave, introduced a bill, which, on his motion, was referred, without reading, to the Committee on the Judiciary.

        On motion of Mr. Arnold, Mr. Regan was added to the Committee on Military Affairs.

        On motion of Mr. Murdock, Mr. Young was added to the same committee.

        Mr. Alcorn asked to be excused from serving on the Military Committee, which was granted.

        On motion of Mr. Seal, of Harrison, the House adjourned until to-morrow morning, 9 o'clock.

SATURDAY, August 6, 1864.

        House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Calloway.

        The Journal of yesterday read and approved.

        Mr. Fort asked and obtained indefinite leave of absence for Mr. Upshaw, on account of sickness.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have passed bills of the following titles, to-wit:

        A bill to be entitled "An act to authorize the Boards of Police of Lauderdale and Newton counties to borrow the money belonging to or known as the Swamp Land Funds, and for other purposes."

        "An act for the relief of C. R. Dickson."

        "An act to authorize the Boards of Police to dispose of certain trust funds, and for other purposes."

        "An act to amend the first article of the fifty-eighth chapter of the Revised Code, entitled "An act in relation to Justices of the Peace.'"

        "An act in relation to loans of notes or bonds issued by the Confederate States or by this State."

        Also adopted the following resolutions in which the concurrence of the House is desired:

        "Joint resolution in relation to the exemption of State and county officers from the military service of the Confederate States."

        "Resolutions inviting the Hon. J. W. C. Watson and Ex Gov, Pettus to address the Legislature."


        Mr. Murdock presented the petition of Lawson H. Williford and Green T. Hill, which,


Page 26

        On his motion, was referred to the Committee on Claims.

        Mr. Moore presented a petition, which, on his motion, was referred, without reading, to the Committee on Claims.

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:

MR. SPEAKER:--

        The Committee on Ways and Means, to which was referred a Senate bill to be entitled "An act to relieve tax collectors in certain cases," have had the same under consideration, and have instructed me to report the same back to the House, with sundry amendments, and recommend its passage.


        On motion of Mr. Alcorn, the report of the committee was received and agreed to.

        On his further motion, the rule was suspended, the bill read the third time as amended, and passed--title standing as stated.

        Mr. Rucks, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee, to whom was referred the Senate bill entitled "An act to repeal an act entitled 'an act to incorporate the Bank of Jackson and other banks,' approved Jan. 17, 1862, and all acts amendatory thereof," have instructed me to report in favor of said bill, and to recommend that it do pass.


        On motion of Mr. Rucks, the report was received and agreed to.

        On his further motion, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Rucks, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee, to whom a bill was referred entitled "An act to amend article 4, section 2, chapter 64, of the Revised Code," have had the same under consideration, and have instructed me to report in favor of said bill and recommend its passage.



Page 27

        On motion of Mr. Rucks, the report was received and agreed to.

        On his further motion, the rule was suspended, the bill read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Rucks, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee, to whom a bill was referred entitled "An act to authorize the courts of this State to allow compensation to executors, administrators, or other trustees in certain cases," have had the same under consideration. They do not consider the passage of this bill as necessary, as in their opinion upon a settlement of their trust estates all trustees would (as the law now stands) be entitled to a credit for all expenses incurred by them in removing the property, held by them as trustees, beyond the reach of the enemy, and that the same would be allowed to them.

        They therefore report adversely to said bill and recommend that it do not pass.


        On motion of Mr. Rucks, the report of the committee was received and agreed to.

        Mr. Rucks, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee to whom was referred a bill entitled "An act to amend article 295, sec. 61, chapter 64, of the Revised Code," do not think the law should be changed as proposed in said bill; they therefore report adversely to said bill, and recommend that the same do not pass.


        On motion of Mr. Rucks, the report of the committee was received and agreed to.

        Mr. Rucks, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee to whom was referred a bill entitled "An act to incorporate the National Importing Company," have had the same under consideration, and have instructed me to report adversely to said bill, and to recommend that the same do not pass.


        On motion of Mr. Rucks, the report was received and agreed to.


Page 28

        Mr. Anderson, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee, to whom a bill was referred entitled "An act for the benefit of A. G. Barton and Wm. Drishell," have had the same under consideration. The committee cannot recommend this bill, as it asks the Legislature to pass a law enabling a party to execute a deed which should have been executed by a person who is now deceased, and to cause the deed so executed to be of the same validity as if executed by the party in her life time. The committee believe the Legislature have no power to pass such a law, and have instructed me to report adversely to said bill, and recommend that it do not pass.


        Mr. Murdock, from the Committee on Claims, made the following report:

Mr. SPEAKER:--

        The Committee on Claims, to whom was referred the petition of W. Greenhood, have had the same under consideration, and have instructed me to report the same back, with the recommendation that the petitioner have leave to withdraw his said petition.


        On motion of Mr. Murdock, the report of the committee was received and agreed to.

        Mr. Murdock, from the Committee on Claims, made the following report:

MR. SPEAKER:--

        The Committee on Claims to whom was referred a bill to be entitled "An act for the relief of the infant heirs of L. H. Maddox, of Lafayette county, have had the same under consideration and have instructed me to report it back to the House, with a recommendation that it do not pass.


        On motion of Mr. Murdock, the report was received.

        On motion of Mr. Isom, the bill was recommitted to the Committee on Claims.

        Mr. Hicks made the following report:

MR. SPEAKER:--

        The special committee to whom was referred a bill to amend "An act entitled an act amendatory of the revenue laws of the State of Mississippi," approved the 9th day of December, 1863, have considered the same, and report the same back to the House, with a recommendation that it do pass.



Page 29

        On motion of Mr. Hicks, the report was received.

        Mr. Liddell, from the same committee, presented the following as a minority report:

MR. SPEAKER:--

        Dissenting from the views of a majority of the select committee appointed to consider and report upon the bill entitled "A bill to amend an act entitled an act amendatory of the revenue laws of this State, approved the 9th day of December, 1863," the minority of your committee beg leave to submit the following report:

        The clause of the Revenue Bill which the bill under consideration proposes to modify, was a compromise of opinion on the part of the two houses of the Legislature, and was, after mature deliberation, adopted as the settled policy of the State on the subject of cotton culture during the existence of the present war. The bill under consideration unsettles that policy, and should not, therefore, in the opinion of your minority, be passed.

        Again, your minority is of opinion that the passage of such a bill at this time would be an act of bad faith towards that large class of patriotic citizens, who, in accordance with the policy of the State, as is indicated by the law of your Legislature, have refrained from the planting of cotton, thus devoting the labor of their hands to the cultivation of grain and supplies of provisions, so necessary to the support of our armies and the families and dependents of soldiers in the field. A few have, in utter disregard of well recognized public policy, in defiance of public opinion, and with a full knowledge of the provisions of law upon the subject, planted largely of cotton for individual and private gain, while the many, resisting the temptations held out to them by the unprecedented prices which cotton commands in the markets of the world, deterred by the law, or from patriotic and unselfish considerations, have conformed to established public policy. We are now asked to intervene and shield the few from the penalties imposed by the law.

        And lastly, the passage of this bill would establish a bad precedent in our legislation. If the few who have planted cotton the present year shall be relieved by the passage of this bill, the many will plant cotton next year, and the bar of your House will be beseiged by a host, demanding the same relief. What reason shall we be able to give them for a refusal to comply with their demand?

        Your minority disclaim all intention of reflecting upon the


Page 30

or patriotism of the people of the counties upon the Mississippi river, or those similarly situated. We have reason to know that none more true or loyal exists in any portion of the country. The force of much of the reasoning in support of the bill as it applies to that locality is conceded. But your minority would suggest the great difficulty of so adjusting any measure of general legislation as to bear equally in its benefits or burdens upon all. Let the few be patient and bear with irremediable evils while the country is passing through the great crisis of its fate.

All of which is respectfully submitted.

W. W. LIDDELL,
Minority of Committee.


        Mr. Hicks moved that the majority report be agreed to.

        Mr. Falconer offered a bill by way of substitute, which was rejected.

        The question recurring on the motion of Mr. Hicks, it was decided in the negative by yeas and nays, called for by Messrs. Bradford, Alcorn and Yandell, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Alcorn, Bradford, Buntin, Barnett, Daniel, Fox, Foxworth, Fort, Gully, Hicks, Hooker, Hanson, Hathorn, Hendon, Isom, Irby, Johnson of Wilkinson, Lott, Morehead, McLemore, McKay of Neshoba, McNiel, Owen, Pope, Regan, Rucks, Seal of Harrison, Seal of Hancock, Sessions, Taylor, Wynne and Yandell--34.

        NAYS--Messrs. Archer, Arnold, Bradley, Bestor, Boon, Barton, Brown, Cunningham, Downs, Deason of Jones. Evans, Easterling, Eskridge, Falconer, Grace, Gray, Johnson of DeSoto, Johnson of Tippah, Kirk, Liddell, Moore, Marable, Montgomery, Maxwell, Murdock, McKay of Green, McLaurin, McElroy, McGenee, Pounds, Pinson, Robinson, Staples, Shelly, Sutton and Young--36.

        Mr. Yandell offered the following resolution, which was adopted:

        Resolved,That the Committee on the Lunatic Asylum be instructed to inquire whether the laws of the Confederate States prohibiting trading with the public enemy have been violated by any of the agents of the Lunatic Asylum, and if so, under what circumstances; and that they report the facts to the House at their earliest convenience, with such legislation, by bill or otherwise, as in their opinion may be necessary to correct the evil, if it exists.

        Mr. Yandell offered the following resolution, which was adopted.


Page 31

        Resolved, That the Committee on Ways and Means be instructed to inquire into the expediency of withholding salaries from all judges and other officers who fail to perform the duties required of them by law, and that they report by bill or otherwise.

        Mr. Fox made the following report:

MR. SPEAKER:--

        The select committee to whom was referred that portion of the Governor's message which relates to the destitute families of soldiers, have had the same under consideration, and have instructed me to report the accompanying bill to the House, with a recommendation that it do pass.


        On motion of Mr. Fox, the report was received and agreed to, and bill read the first time.

        On his further motion, the bill was made the special order of the day, in committee of the whole, for 10 o'clock Monday.

        Mr. Murdock presented a memorial from Messrs. R. Paine, John W. C. Watson, and others, in relation to the education of families of deceased soldiers, which,

        On his motion, was referred to the Committee on Education.

        Mr. Barnett, by leave, introduced a bill, with accompanying documents, which,

        On his motion, was referred, without reading, to the Committee on Military Affairs.

        Mr. Hanson, by leave, introduced a bill, which, on his motion, was referred, without reading, to the Judiciary Committee.

        Mr. Seal, of Harrison, by leave, introduced a bill to be entitled

        "An act for the relief of the Gulf & Ship Island Railroad Company, and for other purposes."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Lott, by leave, introduced a bill, which, on his motion, was referred, without reading, to the Judiciary Committee.

        Mr. Rucks moved to reconsider the vote by which the bill in relation to the Mississippi Manufacturing Company passed, which motion was lost.

        Mr. Anderson presented an account of John Vernon,


Page 32

Sheriff of Monroe county, which, on his motion, was referred to the Committee on Claims.

        Mr. Bestor, by leave, introduced a bill to be entitled

        "An act for the relief of the Enterprize Bridge Company."

        Which was read the first time.

        On motion of Mr. Bestor, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Alcorn, the bill was referred to the Judiciary Committee.

        On motion of Mr. Alcorn, the Senate messages were taken up.

        The Senate joint resolution in relation to the exemption of State and county officers from the military service of the Confederate States, being under consideration.

        Mr. Seal, of Harrison moved to amend by inserting"each" instead of the word "Hinds," where it occurs in the first section.

        Mr. Alcorn offered as a substitute for the amendment by striking out the words "deputy clerk of Hinds county," which was adopted.

        Mr. Yandell proposed to amend by adding the words Inspectors of Penitentiary, and commissioners of the common school fund," which was adopted.

        Mr. Isom proposed an amendment inserting the words "Superintendent and operators of the State distilleries," which was adopted.

        Mr. Young proposed to amend by striking out after the words "Justices of the Peace and Constables" all the persons specified, and insert "that no officers of towns and corporations, under military age, be exempt."

        Pending which, on motion of Mr. Rucks, the joint resolutions were made the special order for Monday, 9 o'clock A. M.

        The following message was received from the Governor, through his private secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
MACON, August 6, 1864.

Gentlemen of the House of Representatives:

        In answer to your resolution of inquiry, of yesterday, I have the honor to reply, that no record is kept in the office of the Secretary of State of the sales of public lands. The quarterly return of the sales are filed in his office, but it would be a work requiring several


Page 33

days to make the estimates required. This will be ordered, however, if you desire it.

        I transmit the report of the Auditor, giving information of the amount of money received from sales of public lands, and the disposition of the funds.

CHAS. CLARK, Governor.

AUDITOR'S OFFICE,
MACON, MISS., August 5, 1864.

His Excellency, Chas. Clark.

        SIR:--In compliance with your request, I have the honor to state, that the sum of fifty-eight thousand five hundred and twenty-eight 66-100 dollars [$58,528 66] has been paid into the State treasury, as a general fund, by receipt warrant from this office on account of public lands, since the 28th day of March, 1861.

I am sir, your ob't serv't,

A. J. GILLESPIE,
Auditor Public Accounts.


        Mr. Johnson, of DeSoto, gave notice that he would, on Monday next, move a reconsideration of the vote by which the House failed to agree to the report of the committee on the bill entitled "An act to amend an act amendatory of the revenue laws of this State," approved Dec. 9, 1863.

        Mr. Arnold offered the following resolution, which was adopted:

        Resolved, That the Governor be requested to inform this House what progress has been made in establishing the two distilleries, provided for by law, at the last session of the Legislature--how much (if any) spirits has been made--and whether or not, in his opinion, the quantity made, or which may hereafter be made, by these distilleries, will be sufficient for the chemical and medicinal purposes they were intended to supply--and if so, at what time the same will be ready for sale and distribution.

        Mr. Lott, by leave, called up the Senate bill entitled "An act to restore the corporate powers of the city of Canton, in Madison county, and to provide for the election of officers thereof."

        On motion of Mr. Lott, the rule was suspended, the bill read the third time and passed--title standing as stated.

        On motion of Mr. Seal, of Harrison, the House adjourned until Monday morning, 9 o'clock.


Page 34

MONDAY, August 8, 1864.

        House met pursuant to adjournment.

        Prayer by Rev. Mr. Calloway.

        The Journal of Saturday was read and approved.

        The following message was received from the Governor, through his private Secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
MACON, MISS., August 8, 1864.

Gentlemen of the House of Representatives:

        In reply to your resolution of inquiry in relation to the State Distilleries I transmit herewith the report of Col. Strong, General Agent of Distilleries. I believe that sufficient spirituous liquors can be made by the State for all necessary medicinal purposes.

CHAS. CLARK,
Governor of Mississippi.


REPORT.

NEW ISSUE DISTILLERY,
CARROLL COUNTY, MISS., Aug. 1, 1864.

To His Excellency, Chas. Clark, Governor, &c.--

        SIR: I have the honor to submit this, my report, as General Agent of Distilleries for the State of Mississippi:

        Under the act of the Legislature, entitled, "An act to prevent the distillation of spirituous liquours." &c., approved April 5th, 1864, I was appointed on 23d of April, 1864, Agent for the State, and was authorized and directed "to erect and put in operation one or two distilleries on or near the Yazoo or Tallahatchie River, in some location where grain is cheap and cannot be conveniently transported." I entered at once upon the duties of my office. After some time spent in examining the various localities upon and near these rivers that appeared to be suitable, and coming up to the requirements of my orders. I located one distillery in Carroll county, about six miles east of the Yazoo River, at the base of the hills, and about thirty miles west of the town of Vaiden, on the Mississippi Central Railroad.

        Wood for fuel and timber affording lumber for necessary buildings is abundant about this site, and water sufficient for all the purposes of the distillery is supplied by unfailing springs. Surplus grain above the wants of the surrounding country can be obtained in great abundance, and which could not be conveniently transported to desired localities for the use of the army.

        I procured a steam engine, saw and grist mills attached, and with much labor removed them to the site of the distillery, and immediately put it in operation and sawed the requisite lumber for the necessary buildings; as soon as the ground could be prepared, and the hands and laborers procured, I erected a building, covering the engine, mills, and all the fixtures of the distillery, 85 feet by 65 feet, in the construction of which not a single nail was used.

        Two copper worms, about 160 feet each in length, and other


Page 35

fixtures were purchased by me from distilleries that had been discontinued in that neighborhood since the passage of the act referred to. Coopers, after great difficulty, were employed, and the necessary tubs and vessels made, and on the 29th day of July I commenced making whiskey. The machinery now in successful operation will yield from 75 to 100 gallons of spirits per day.

        I have been much embarrassed, as well by the novelty to me of this new undertaking as by the difficulties I had to encounter in putting it successfully in operation.

        I visited the large distilleries in Alabama and Georgia, and returning home commenced the work assigned me. By my orders I was required to place the distilleries in a section of the country which had then recently been overrun by the Yankees. No lumber could be procured, no mills were in operation, teams were removed--such tools and implements as were needed in this work were scarce and could hardly be obtained--much time was consumed in getting hands and laborers--white men were in the army, and the negroes had been stolen by the Yankees, or removed by their owners. Under such difficulties I began the work. At one time it seemed almost impossible to procure barrels and other cooperage, but I have at length overcome that difficulty, and now will receive a supply of all I require.

        Experienced and competent distillers have been employed by me, thus by the exercise of all the energy and industry I could bring to bear upon the enterprise, and encountering many delays and difficulties, I have succeeded at length as above set forth. When the weather shall become sufficiently cool for successful distillation of spirits I will be able to make 2½ gallons of spirits from one bushel of grain. During the continuance of the hot weather the yield will be less.

        At this early stage, in the progress of this enterprise it is impossible for me to submit an estimate of the probable cost per gallon of the whiskey and other spirits.

        The steam engine and mills I have rented. The other appurtenances and fixtures, stills, worms and tubs I made or purchased.

        The neighborhood about the distillery will supply all the grain required in this establishment. I have purchased and paid for ten thousand bushels of corn at one dollar per bushel, and have contracted, with reliable parties, for twenty thousand bushels more at the same price.

        I have drawn from the Treasury of the State twenty one thousand dollars, and have expended on account of the distillery nineteen thousand six hundred and ninety three dollars and ten cents, which amount includes ten thousand dollars expended for corn.

        My arrangements are now completed to furnish druggists and physicians with a full supply of alcohol. This, with the other spirits, will be ready for distribution in ten days.

        I was directed to erect one or two distilleries, I have, you will perceive, had only time sufficient to erect one, the other I will proceed at once to put in operation in Sunflower county, and with the facilities I now have, can effect this object in six or eight weeks. After which time I will be able to supply the State with two hundred or


Page 36

two hundred and fifty gallons of spirits each day. The quality is fully up to the requirements of the law.

I am, with very great respect,
Your obedient servant,

W. A. STRONG,
General Agent of Distilleries.


        Mr. Seal, of Harrison, by leave, introduced a bill to be entitled,

        "An act to amend Art. 115, section 10, page 112, of the Revised Code,"

        Which was read the first time.

        On motion of Mr. Seal, the rule was suspended and the bill read the second time by its title.

        Mr. Brown moved to amend by inserting a proviso that the sheriff may appoint from one to three deputies, only one of whom shall be under forty-five years of age, which was lost.

        Mr. Eskridge moved to refer the bill to the Committee on Military Affairs, which was lost.

        On motion of Mr. Seal, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Upon a call of the counties,

        Mr. Regan introduced a bill to be entitled.

        "An act to repeal an act entitled an act to regulate the distribution of money arising from fines, forfeitures, &c., approved April 5, 1864, so far as the same relates to the county of Claiborne,"

        Which was read three several times, under a suspension of the rule, and passed--title standing as stated.

        Mr. McGehee presented a petition, which, on his motion, was referred, without reading, to the Committee on Propositions and Grievances.

        Also, a bill for the relief of R. H. Felder, which, on his motion, was referred to the Committee on Claims.

        Mr. McNeil introduced a bill, which, on his motion, was referred, without reading, to the Committee on the Judiciary.

        Mr. Alcorn, from the Committee on Ways and Means made the following report:

MR. SPEAKER:

        The Committee on Ways and Means have had under their consideration a bill to be entitled, "An act to secure the payment of money borrowed from the School Fund of Township 20, Range 10, in Choctaw county," and as instructed by the House have prepared a substitute for the bill referred, changing


Page 37

the title as well as enlarging the provisions of the bill, and making the law general.

        All of which is respectfully submitted.


        On motion of Mr. Alcorn, the report was received and agreed to.

        Mr. Alcorn moved that the substitute bill reported by the committee be adopted.

        On motion of Mr. Barton, the original and substitute bills were referred to the Judiciary Committee.

        Mr. Murdock, from the Committee on Claims, made the following report:

Mr. SPEAKER:

        The Committee on Claims, to whom was recommitted a bill to be entitled, "An act for the relief of the infant heirs of L. H. Maddox," have considered the same and have instructed me to report it back to the House with the recommendation that it do not pass.


        On motion of Mr. Murdock, the report was received and agreed to.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed House bills of the following titles:

        An act for the relief of Yazoo City.

        An act to ratify and approve the acts of the Board of Police of Wilkinson county in relation to the reports of the Trustees of Common Schools in said county, with an amendment.

        An act to remove the civil disabilities of Hayden L. Level, a minor of Rankin county, with an amendment.

        An act to remove the civil disabilities of T. C. Rasberry, a minor of Leake county.

        A bill for the relief of the Sheriff of Noxubee county.

        And have concurred in House joint resolution appointing select committee on that portion of the Governor's Message in relation to the exemption of civil officers, &c., have filled the blank with "five," and have appointed as said committee on the part of the Senate, Messrs. Ellett, Yerger, Luckett, Drake and Griffin.

        And have also passed the following Senate Bills:

        An act to authorize the Circuit Clerk and Sheriff of Madison county to draw Petit Jurors to serve at the September term, 1864, of the Circuit Court of said county.

        An act to provide for the perfecting and preserving of the records of the Mississippi troops.

        An act to repeal so much of Article 2, of the 32nd chap. of the Revised Code as relates to Rangers advertising in the nearest newspapers, and for other purposes.

        An act to authorize the Governor of the State to extend the time allowed the Commissioners appointed to examine the several military funds, the vouchers' books and accounts of the Quarter-Master


Page 38

General and Ordnance Department, and the Executive Department, and for other purposes.


        Mr. Regan, from the Committee on Military Affairs, made the following report.

MR. SPEAKER:

        The Committee on Military Affairs, to which was referred a bill entitled, "An act for the relief of W. H. Magnum, Sheriff of Yazoo county," have had the same under consideration, and have instructed me to report the same back to the House with accompanying documents, and recommend that it do pass.


        On motion of Mr. Regan, the report of the committee was received.

        Mr. Barton moved to recommit the bill to the Military Committee, with instructions to report a general bill on the subject, which motion was lost.

        On motion of Mr. Regan, the report of the committee was agreed to.

        On motion of Mr. Cunningham, the rule was suspended and the bill read the second time by its title.

        On his further motion, the House resolved itself into committee of the whole for the consideration of said bill, Mr. Cunningham in the chair.

        After some time spent the committee rose, reported the bill back with an amendment and recommended that the same do pass, the Speaker in the chair.

        On motion of Mr. Cunningham, the report of the committee was received and agreed to.

        On motion of Mr. Regan, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Rucks, from a special committee, made the following report:

MR. SPEAKER:

        The special committee to whom were referred the resolutions having for their object the presentation of a sword to Gen. Forrest--to report a suitable inscription to be engraved upon said sword--have instructed me to report the accompanying resolutions, with the recommendation that they do pass.


        On motion of Mr. Rucks, the report was received and agreed to, and the resolutions read the first time.

        On motion of Mr. Rucks, the rule was suspended and the resolutions read the second time.


Page 39

        On motion of Mr. Falconer, the House resolved itself into committee of the whole for the consideration of said resolutions, Mr. Falconer in the chair.

        After some time spent therein, the committee rose, reported the resolutions back to the House without amendment and recommended their adoption, the Speaker in the chair.

        On motion of Mr. Fox, the report of the committee was received and agreed to.

        On motion of Mr. Rucks, the rule was suspended, the resolutions read the third time and adopted.

        Mr. Regan, from a select committee, made the following report:

MR. SPEAKER:--

        The select committee to which was referred so much of the Governor's message as relates to cotton and wool cards, medicines, &c., have had the same under consideration, and have instructed me to report, that in their opinion there is no legislation necessary at this time on said subject, and ask to be discharged from the same.


        On motion of Mr. Regan, the report of the committee was received and agreed to.

        Mr. Young, by leave, introduced a bill to be entitled.

        "An act entitled an act to provide for the payment of certain claims against the State, approved Dec. 9, 1863,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Cunningham, by leave, introduced a bill, which, on his motion, was referred, without reading, to the Special Committee on Distilleries.

        Mr. Irby, by leave, introduced a bill to be entitled,

        "An act to amend an act to prevent the distillation of spirituous liquors, and to declare the distilleries to be public and common nuisances, and to authorize the same to be abated, and for other purposes, approved April 5, 1864,"

        Which was read the first time.

        On mottion of Mr. Irby, the rule was suspended and the bill read the second time by its title.

        On motion of Mr. Bestor, the bill was referred to the Special Committee on Distilleries.

        Mr. Fox, by leave, introduced a bill to be entitled,

        "An act to amend the 6th Article of the 32d chapter of the Revised Code,"

        Which was read the first time.


Page 40

        On motion of Mr. Fox, the rule was suspended and the bill read the second time by its title.

        On motion of Mr. Seal, of Harrison, the bill was referred to the special committee on distilleries.

        On motion of Mr. Arnold, the Governor's message, with accompanying report of Col. W. A. Strong, in relation to State distilleries, was read.

        Mr. Morehead called up the bill to be entitled "An act to increase the force to work on the public roads."

        On motion of Mr. Morehead, the rule was suspended, and the bill read the third time, and passed--title standing as stated.

        On motion of Mr. Brown, the vote passing the bill for the relief of W. H. Mangum, Sheriff of Yazoo county, was reconsidered.

        Mr. Fort offered the following amendment by way of ryder:

        Amend, by inserting after the word "Mangum," these words--"in trust, to be paid over to the parties entitled thereto as aforesaid."

        Which was read three several time, under a suspension of the rules, and adopted.

        The question being taken on the passage of the bill as amended, it was decided in the affirmative.

        Mr. Fox called for the special order for 10 o'clock, to-wit: the bill for the relief of the destitute families of deceased soldiers.

        Which the House declined to take up.

        Mr. Arnold offered the following resolution, which was adopted under a suspension of the rules:

        Resolved, (the Senate concurring) That Hon. Fulton Anderson be and is hereby invited to address the Legislature during the present session, at such time as may suit his convenience.

        Mr. Johnson, of DeSoto, in accordance with previous notice, moved a reconsideration of the vote passing the bill to amend an act entitled "An act amendatory of the revenue laws of this State, approved Dec. 9, 1863."

        The motion to reconsider prevailing,

        Mr. Hicks offered a substitute bill, which was read for the information of the House.

        Mr. Young moved to make the original and substitute bills the special order for 10 o'clock to morrow--which


Page 41

motion was lost.

        Mr. Barton moved that the House adjourn until 3 o'clock, P. M.--which motion was lost.

        Mr. Hicks moved the adoption of the substitute bill offered by him.

        Pending which, on motion of Mr. Deason, of Jones, the House adjourned until 4 o'clock, P. M.

FOUR O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Cunningham offered the following resolution:

        Resolved, (the Senate concurring) That the Hon. J. A. Orr be invited to address the Legislature at such time as may suit his convenience, and that a copy of this resolution be communicated to him by the Clerk of the House.

        On motion of Mr. Cunningham, the rule was suspended, the resolution read the second time and adopted.

        Mr. Daniel offered the following resolution which was adopted under a suspension of the rules.

        Resolved, (the Senate concurring) That the Hon. J. L. Alcorn be invited to address this Legislature at such time as may suit his convenience.

        On motion of Mr. Bradford, the Senate messages were taken up.

        Senate joint resolutions inviting the Hon. J. W. C. Watson and Ex-Gov. J. J. Pettus to address the Legislature, were concurred in.

        The Senate amendment to House bill entitled "An act to ratify and approve the acts of the board of police of Wilkinson county in relation to the reports of trustees of common schools in said county," was,

        On motion of Mr. Johnson, of Wilkinson, concurred in.

        The Senate bill for the relief of C. R. Dickson, was read the first time.

        On motion of Mr. Bradford, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Murdock, the bill was referred to the Committee on Claims.

        The Senate bill to authorize the boards of police of Lauderdale and Newton counties to borrow the money belonging to or known as the Swamp Land Fund, and for other purposes, was read the first time.


Page 42

        On motion of Mr. McElroy, the rule was suspended, and the bill read the second time by its title.

        Mr. McElroy offered an amendment to the first section, inserting the enacting clause, which was adopted.

        Mr. Seal, of Harrison, offered an amendment inserting Harrison county in the body and title of the bill, which was adopted.

        On motion of Mr. Seal, the rule was suspended, the bill read the third time and passed--title standing as stated.

        The Senate bill entitled "An act to amend the first article of the 58th chapter of the Revised Code, entitled An act in relation to Justices of the Peace" was read the first time.

        On motion of Mr. Bradford, the rule was suspended, and the bill read the second and third time by its title.

        The question being taken on the passage of the bill, it was decided in the negative by yeas and nays, called for by Messrs. Brown, Bradford and Gully.

        YEAS--Messrs. Anderson, Archer, Alcorn, Bradford, Bradley, Boon, Brown, Cunningham, Deason of Copiah, Deason of Jones, Evans, Eskridge, Falconer, Gray, Hooker, Hanson, Hathorn, Isom, Liddell, Lowry, Moore, Marable, Morehead, Maxwell, Murdock, McLemore, McKay of Neshoba, Owen, Robinson, Sessions and Upshaw--31.

        NAYS--Mr. Speaker. Messrs. Arnold, Bestor, Barton, Buntin, Barnett, Carroll, Downs, Daniel, Easterling, Fox, Foxworth, Fort, Gully, Grace, Gowan, Hicks, Hendon, Irby, Johnson of Wilkinson, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Montgomery, McKay of Green. McLaurin, McElroy, McGehee, McNeil, Pope, Pounds, Powe, Pinson, Regan, Rucks, Staples, Seal of Harrison, Seal of Hancock, Shelly, Sutton, Taylor, Wynne and Yandell--44.

        The Senate bill to be entitled "An act to authorize the boards of police to dispose of certain trust funds, and for other purposes," was read the first time.

        On motion of Mr. Daniel, the rule was suspended, the bill read the second and third time, under a suspension of the rule, and passed, title standing as stated.

        The Senate bill in relation to loans of notes or bonds issued by the Confederate States, or by this State, was read the first time.

        On motion of Mr. Irby, the rule was suspended, and the bill read the second time by its title.

        On his further motion, the bill was referred to the Committee on the Judiciary.

        The Senate bill entitled "An act to authorize the Circuit Clerk and Sheriff of Madison county to draw petit jurors to


Page 43

serve at the September term, 1864, of the Circuit Court of said county," was read the first time.

        On motion of Mr. Lott, the rule was suspended, the bill read the second and third time, and passed--title standing as stated.

        The Senate bill to repeal so much of article 2, of the 32d chapter of the Revised Code, as relates to rangers advertising in the nearest newspapers, and for other purposes, was read the first time.

        On motion of Mr. Fox, the rule was suspended, and the bill read the second time by its title, and,

        On his further motion, was referred to the Judiciary Committee.

        The Senate bill to authorize the Governor of the State to extend the time allowed the commissioners appointed to examine the several military funds, the vouchers, books and accounts of the Quartermaster General and Ordnance department, and the Executive department, and for other purposes," was read the first time.

        On motion of Mr. Rucks, the rule was suspended, and the bill read the second time by its title.

        Mr. Yandell moved to refer the bill to the Commitiee on Claims, which was lost.

        On motion of Mr. Rucks, the rule was suspended, the bill read the third time, and passed, title standing as stated.

        The Senate bill providing for the perfection and preservation of the records of Mississippi troops, was read the first time.

        On motion of Mr. Falconer, the rule was suspended, and the bill read the second time by its title.

        On his further motion, the bill was made the special order of the day, in committee of the whole, for 10 o'clock to-morrow.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed bills of the following titles, in which the concurrence of the House is desired, to wit:

        A bill to be entitled "An act for the relief of James D. Stewart and J. G. Morey."

        A bill to be entitled "An act to amend an act entitled An act to better provide for the families of soldiers, approved Jan. 3, 1863."

        A bill to be entitled "An act for the relief of Dr. E. M. Blackburn."

        A bill to be entitled "An act to amend an act entitled An act to provide for the speedy recovery of personal property wrongfully taken or detained, approved Dec. 3, 1863."


Page 44

        And have passed House bills entitled as follows:

        A bill to be entitled "An act to amend an act to authorize and require the Governor to cause to be prepared and printed, a sufficient amount of bonds, bearing eight per cent. interest, for the purpose of calling in and taking up the notes issued by law for military defense of this State, approved Dec. 5, 1863,"

        A bill to be entitled "An act for the relief of the County Treasurer of the county of Wilkinson."

        The Senate have refused to concur in House amendments to Senate bill entitled "An act to relieve Tax Collectors in certain cases."

        And have asked a committee of conference thereon. Messrs. Davis, Luckett and Loper, have been appointed as said committee on the part of the Senate.


        On motion of Mr. Hicks, the special order was taken up, to-wit: the substitute offered by him for the bill entitled "An act to amend an act entitled an act amendatory of the revenue laws of this State," approved Dec. 9th, 1863.

        Mr. Eskridge offered a substitute for the substitute offered by Mr. Hicks, which was rejected.

        Mr. Johnson, of DeSoto, moved to amend the substitute by striking out the following words in the first section:

        "And no county or other tax shall be levied on said cotton," which was lost.

        Mr. Eskridge moved to strike out the words "three cents" wherever they occur in the bill, and insert the words "five cents."

        Mr, Morehead moved to amend the amendment by striking out the word "three" and insert the word "four," which was lost.

        The question being on the amendment offered by Mr. Eskridge,

        Mr. Seal, of Harrison, moved to lay the amendment on the table, which motion was lost.

        The vote was then taken on the amendment offered by Mr. Eskridge, and decided in the affirmative.

        Mr. Falconer moved to amend the bill by inserting the following proviso:

        Provided, that nothing contained in this act shall be construed as to interfere with the tax heretofore assessed by law upon cotton planted in the year 1864.

        Mr. Bradford moved to lay the amendment on the table, which motion was adopted.

        The question recurring on the adoption of the substitute


Page 45

offered by Mr. Hicks, it was decided in the affirmative, by yeas and nays, called for by Messrs. Liddell, McLemore and Eskridge, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Alcorn, Bradford, Buntin, Barnett, Downs, Daniel, Easterling, Fox, Foxworth, Fort, Gully, Gowan, Hicks, Hooker, Hanson, Hathorn, Hendon, Isom, Irby, Johnson of Wilkinson, Lott, Lowry, Morehead, Montgomery, McLemore, McKay of Neshoba, McGehee, McNiel, Owen, Pope, Pinson, Regan, Rucks, Seal of Harrison. Seal of Hancock, Sessions, Sutton, Taylor, Upshaw, Wynne and Yandell--43.

        NAYS--Messrs. Arnold, Archer, Bradley, Bestor, Boon, Barton, Brown, Cunningham, Carroll, Deason of Copiah, Deason of Jones, Evans, Eskridge, Falconer, Grace, Gray, Johnson of DeSoto, Johnson of Tippah, Kirk, Liddell, Moore, Marable, Maxwell, Murdock, McKay of Green, McLaurin, McElroy, Pounds, Robinson, Staples, and Shelly--31.

        Mr. Irby, by leave, introduced a bill to be entitled

        "An act to authorize the Auditor of Public Accounts to settle the taxes of Panola county, for the year 1863, with James L. Fletcher."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Rucks asked and was granted leave of absence after to-morrow.

        Mr. Gowan asked leave of absence, after to-morrow for Mr. Deason, of Jones, which was granted.

        Mr. Liddell gave notice that he would, on to-morrow, move a reconsideration of the vote passing the bill entitled "An act to amend an act entitled an act to provide for the payment of certain claims against the State," approved Dec. 9, 1863.

        Mr. Fort, by leave, introduced a bill to be entitled

        "An act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862.

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:

        The Committee on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature, viz:

        "An act for the relief of the Sheriff of Noxubee county."

        "An act to remove the civil disabilities of T. C. Rasberry, a minor of Leake county."


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        "An act to remove the civil disabilities of Heydon L. Level a minor of Rankin county."

        "An act for the relief of Yazoo City."


        On motion of Mr. Regan, the House adjourned until tomorrow morning, 8 o'clock.

TUESDAY, August 9, 1864.

        House met pursuant to adjournment, and was opened with prayer by the Rev. Mr. Johnson.

        The Journal of yesterday was read and approved.

        The following message was received from the Governor, through his private secretary, Mr. Poindexter.

EXECUTIVE OFFICE.
August 9, 1864.

MR. SPEAKER:

        I am directed by his excellency, the Governor, to inform the House of Representatives that he did on yesterday approve and sign the following bills, to wit:

House No. 2.

        "An act to remove the civil disabilities of Heydon L. Level, a minor of Rankin county."

House, No. 3.

        "An act for the relief of the Sheriff of Noxubee county."

House, No. 4.

        "An act to remove the civil disabilities of T. C. Rasberry, a minor of Leake county."


        Mr. Upshaw presented a petition, which,

        On his motion, was referred, without reading, to the Committee on Propositions and Grievances.

        The House took up the Senate messages.

        The Senate bill to be entitled "An act for the relief of James D. Stewart and J. G. Morey," was read the first time.

        On motion of Mr. Johnson, of DeSoto, the rule was suspended, and the bill read the second time by its title.

        On his further motion, the House resolved itself into Committee of the Whole for the consideration of said bill, Mr. Johnson, of DeSoto, in the Chair.

        After some time spent therein, the committee rose, reported the bill back to the house, with the recommendation that it be referred to the Committee on Claims, with instructions to investigate the nature of the claim of said parties.

        The Senate bill to be entitled "An act to better provide


Page 47

for the families of soldiers," approved January 3d, 1863, was read the first time.

        On motion of Mr. Gully, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Liddell, the bill was referred to the Committee on Ways and Means, and,

        On motion of Mr. Fort, said committee was instructed to amend the bill by authorizing the county commissioners to cause the sheriffs of their counties to aid in carrying out the impressments made by them.

        The Senate bill for the relief of Dr. E. M. Blackburn, was read the first time.

        On motion of Mr. Johnson, of DeSoto, the rule was suspended, and the bill read the second time by its title.

        On motion of Yandell, the bill was referred to the Committee on Claims.

        The Senate bill to be entitled "An act to amend an act entitled an act to provide for the speedy recovery of personal property wrongfully taken or detained, approved Dec. 3, 1863, was read the first time.

        On motion of Bradford, the rule was suspended, and the bill read the second time by its title.

        Mr. Yandell moved to lay the bill upon the table, which motion was lost.

        On motion of Mr. Young, the bill was referred to the Judiciary Committee.

        On motion of Mr. Johnson, of DeSoto, the House concurred in the request of the Senate, for the appointment of a committee of conference on the disagreement of the two houses to House amendments to Senate bill for the relief of tax collectors in certain cases.

        The Speaker appointed as the committee on the part of the House--

        Messrs. Johnson of DeSoto, Alcorn, Anderson, Johnson of Wilkinson, and Morehead.

        On motion of Mr. Rucks, the House took up the Senate resolutions, which were made the special order for yesterday morning, at 9 o'clock, to-wit:

        "Joint resolutions in relation to the exemption of State and county officers from the military service of the Confederate States."

        Mr. Rucks offered the following amendment:


Page 48

        Strike out in the first resolution the words "Justices of the peace, constables, coroners and rangers."

        Mr. Young offered a substitute for the Senate resolution.

        Mr. Seal, of Harrison, moved to lay the resolution, amdendments and substitute, on the table, which was decided in the affirmative, by yeas and nays, called for by Messrs. Seal, Deason of Copiah, and Barton, as follows:

        YEAS--Mr. Speaker, Messrs. Archer, Alcorn, Arnold, Boon, Barton, Carroll, Deason of Copiah, Downs, Daniel, Evans, Eskridge, Fowler, Fox, Foxworth, Fort, Gully, Gowan, Gray, Hicks, Hooker, Hathorn, Irby, Johnson, of Wilkinson, Johnson, of Tippah, Kirk, Lott, Morehead, Montgomery, Maxwell, McKay of Green, McKay of Neshoba, McElroy, Pope, Pounds, Powe, Pinson, Regan, Staples, Seal of Harrison, Seal of Hancock, Shelly, Taylor, Wells, Wynne, Yandell and Young--47.

        NAYS--Messrs. Bradford, Bestor, Brown, Buntin, Barnett, Cunninghan, Falconer, Grace, Hanson, Isom, Johnson, of DeSoto, Liddell, Marable, McLemore, McLaurin, McGehee, Owen, Robinson, Sessions, Sutton and Upshaw--21.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate has passed the following bills:

        "An act to amend an act sntitled an act to provide for organizing and disciplining the militia of this State," approved Dec. 9, 1863, and to defend the State against invasion by the enemy."

        A bill entitled "An act to amend an act entitled an act to amend an act to authorize the State Treasurer to receive from delinquent Tax Collectors of the several counties in this State Military Treasury bonds or notes falling due the first of June, 1863 and 1864, in payment of the amounts due by them on account of the military taxes for the year 1861," approved April 5, 1864.

        House bill entitled "An act to increase the annual salary of the Probate Judge of Newton county."

        House bill entitled "An act to amend an act entitled "An act to amend an act entitled an act better to provide for families of soldiers," approved March 31, 1864, so far as the same relates to the county of Yazoo, and for other purposes," with amendments.


        Mr Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:

        The Committe on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature, to-wit:

        An act for the relief of John W. Bryant, County Treasurer of Wilkinson county.

        An act to authorize and require the Governor to cause to be prepared and printed a sufficient amount of Bonds bearing eight per cent interest, for the purpose of calling in and taking up the notes


Page 49

issued by law for military defence of this State," approved Dec. 5, 1862.

        An act to ratify and approve the acts of the Board of Police of Wilkinson county, in relation to the reports of Trustees of Common Schools in said county.

        An act to increase the annual salary of the Probate Judge of Newton county.


        On motion of Mr. Upshaw, the House took up Senate bill entitled,

        "An act to amend an act to provide for organizing and disciplining the militia of the State," approved Dec. 9th, 1864, "and to defend the State against invasion by tho enemy,"

        Which was read the first and second time, under a suspension of the rule.

        On motion of Mr. Reagan, the House resolved itself into committee of the whole for the consideration of said bill, Mr. Anderson in the chair.

        After some time spent therein, the committee rose, reported progress, and asked leave to sit again at three o'clock.

        On motion of Mr Anderson, the report was received and agreed to.

        On motion of Mr. Brown, the House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        On motion of Mr. Seal, of Harrison, the House resolved itself into Committee of the Whole for the consideration of the bill, pending at adjournment, to-wit:

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State, approved Dec. 9, 1863, and to defend the State against invasion by the enemy."

        Mr. Anderson in the Chair.

        After some time spent therein, the committee rose, reported the bill back to the house, with sundry amendments, with the recommendation that the bill pass as amendment.

        On motion of Mr. Seal, the report was received.

        The first amendment, to-wit: Amend section one, in 2d line, by striking out the words "sound, able-bodied," and after the word "year," in 3d line, insert "capable of bearing arms," was taken up, and,

        On motion of Mr. Upshaw, adopted.


Page 50

        The 2d amendment, to-wit: Amend 1st section, 3d line, by striking out "16" and insert "17," was taken up.

        Mr. Regan moved that the amendment be adopted, upon which motion the yeas and nays were called for, by Messrs. Barton, Bradford and Liddell, and decided in the affirmative, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Arnold, Barton, Carroll, Deason of Copiah, Evans, Easterling, Fox, Foxworth, Gully, Gray, Hicks, Hooker, Hathorn, Hendon, Irby, Johnson of DeSoto, Johnson of Wilkinson, Johnson of Tippah, Kirk, Morehead, McKay of Green, McKay of Neshoba, McLaurin, Pope, Powe, Pinson, Regan, Staples, Seal of Harrison, Seal of Hancock, Shelly, Sutton, Wells, Yandell and Young--38.

        NAYS--Messrs. Alcorn, Bradford, Bradley, Bestor, Boon, Brown, Buntin, Barnett, Cunningham, Downs, Daniel, Eskridge, Falconer, Fort, Grace, Gowan, Hanson, Isom, Liddell, Lott, Lowry, Moore, Marable, Montgomery, Maxwell, Murdock, McLemore, McElroy, McGehee, McNeil, Owen, Robinson, Sessions, Taylor, Upshaw and Wynne--37.

        The third amendment, to-wit: "Provided, that nothing in this act shall be construed to authorize the draft or forced enlistment of any officer of the judicial or legislative departments of this government, whose office is created by the Constitution. The independence of the legislative, executive and judicial departments of the government, this legislature has no power to infringe. To their patriotism as members of society, the Legislature looks with confidence for a voluntary response."

        Was taken up.

        Mr. Alcorn moved that the amendment be adopted.

        Upon which motion the yeas and nays were called for by Messrs. Young, Robinson and Eskridge, and decided in the negative, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bradley, Brown, Barnett, Cunningham, Evans, Eskridge, Fox, Foxworth, Gray, Hicks, Hathorn, Johnson of Wilkinson, Johnson of Tippah, Kirk, Liddell, Lott, Montgomery, Murdock, McLemore, McKay of Green, McGehee, Owen, Pope, Regan, Seal of Harrison, Seal of Hancock, Sessions, Wynne and Yandell--33.

        NAYS--Messrs. Arnold, Bradford, Bestor, Boon, Barton, Buntin, Carroll, Deason of Copiah, Downs, Daniel, Easterling, Falconer, Fort, Gully, Grace, Gowan, Hooker, Hendon, Isom, Irby, Johnson of DeSoto, Marable, Morehead, Maxwell, McKay of Neshoba, McLaurin, McNeil, Pounds, Powe, Pinson, Robinson, Staples, Shelly, Sutton, Taylor, Upshaw, Wells and Young--38.

        Mr. Fox offered the the following amendment:

        Amend section 1, after the word "17," add "and under fifty."


Page 51

        Upon which the yeas and nays were called for by Messrs. Bradford, Sutton and Gully, and decided in the negative, as follows:

        YEAS--Messrs. Archer, Arnold, Bradley, Barton, Deason of Copiah, Evans, Easterling, Fox, Gully, Gray, Hicks, Hooker, Hanson, Hathorn, Hendon, Irby, Johnson of Wilkinson, Johnson of Tippah, Kirk, Montgomery, McKay of Green, McGehee, McNeil, Owen, Pope, Powe, Pinson, Seal of Harrison, Seal of Hancock, Sessions, Shelly, Sutton, Wells, Wynne and Young--35.

        NAYS--Mr. Speaker, Messrs. Anderson, Alcorn, Bradford, Bestor, Buntin, Boon, Barnett, Cunningham, Carroll, Downs, Daniel, Eskridge, Foxworth, Fort, Grace, Gowan, Johnson of DeSoto, Liddell, Lott, Marable, Morehead, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, Pounds, Regan, Robinson, Staples, Taylor, Upshaw and Yandell--35.

        Mr. Young moved the indefinite postponement of the bill and amendments, upon which motion the yeas and nays were called for by Messrs. Upshaw, Gully and Maxwell, and decided in the affirmative, as follows:

        YEAS--Messrs. Arnold, Bradley, Barton, Buntin, Deason of Copiah, Downs, Evans, Easterling, Fox, Foxworth, Gully, Gowan, Gray, Hicks, Hooker, Hanson, Hathorn, Hendon, Irby, Johnson of Wilkinson, Johnson of Tippah, Kirk, McKay of Green, McElroy, McGehee, Owen, Pope, Powe, Pinson, Regan, Seal of Harrison, Seal of Hancock, Sessions, Shelly, Wells, Wynne, Yandell and Young--38.

        NAYS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bradford, Bestor, Boon, Brown, Barnett, Cunningham, Carroll, Daniel, Eskridge, Falconer, Fort, Grace, Johnson of DeSoto, Isom, Liddell, Lott, Marable, Morehead, Montgomery, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McNeil, Pounds, Robinson, Staples, Sutton, Taylor and Upshaw--35.

        Mr. Regan, by leave introduced a bill to be entitled

        "An act for the relief of L. D. Yates, late lieutenant in Co. D. 1st Miss. regiment, Miss. State troops."

        Which was read the first time.

        On motion of Mr. Regan, the rule was suspended, and the bill read the second time by its title.

        Mr. Brown moved that the bill be referred to the Committee on Claims, which motion was lost.

        On motion of Mr. Regan, the bill was laid on the table, and made the special order for to-morrow morning, 9 o'clock.

        Mr. Johnson, of DeSoto, made the following report:

        MR. SPEAKER:--

        The House committee of conference, to whom was referred the disagreement of the two Houses on House amendment to Senate bill, entitled "An act to relieve tax collectors in


Page 52

certain cases," have considered the same, and have agreed on an amendment, which has been reported to the Senate.

        On motion of Mr. Johnson, the report was received.

        Mr. Irby gave notice that he would, on to-morrow, move a reconsideration of the vote by which the bill for the relief of the infant heirs of L. H. Maddox, of Lafayette county was rejected.

        Mr. Gowan asked leave of absence, after to-morrow, for Mr. Hathorn, which was granted.

        On motion of Mr. Brown, the House adjourned until to-morrow morning, 9 o'clock.

WEDNESDAY, August 10, 1864.

        House met pursuant to adjournment.

        Journal of yesterday read and approved.

        On motion of Mr. Johnson, of DeSoto, the use of the hall of the House was tendered the Hon. J. W. C. Watson this evening at 4½ o'clock.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:

        The Committee on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature:

        An act to increase the salary of the Probate Judge of Newton county.

        An act for the relief of Wm. H. Mangum, Sheriff of Yazoo county.

        An act to authorize the Auditor of Public Accounts to settle the taxes of Panola county for the year 1863, with James L. Fletcher.


        Mr. Eskridge, by leave, introduced a bill to be entitled,

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State,"

        Which was decided out of order.

        Mr. McGehee moved a reconsideration of the vote by which the Senate bill in relation to organizing and disciplining the militia of this State, with amendments thereto, was indefinitely postponed, which motion was adopted.

        Mr. Eskridge offered a substitute for the bill.

        Mr. McGehee offered the following resolution, which was adopted:

        Resolved, (the Senate concurring,) That a special committee,


Page 53

consisting of seven on the part of the House, and -- on the part of the Senate, be appointed, to whom shall be referred the Senate bill providing for the organization and disciplining of the militia of this State, and a substitute therefor offered in the House, and that said committeee be instructed to report a bill on the subject.

        The speaker appointed as the committee on the part of the House Messrs. McGehee, Eskridge, Alcorn, Upshaw, Seal of Harrison, Johnson of DeSoto, and Hicks.

        The following message was received from the Governor through his private Secretary, Mr. Poindexter:

EXECUTIVE OFFICE, August 10, 1864.

MR. SPEAKER:

        I am directed by His Excellency, the Governor, to inform the Mouse of Representatives that he did, on yesterday, approve and sign the following bills, to-wit:

        House No. 5. An act to ratify and approve the acts of the Board of Police of Wilkinson county in relation to reports of the Trustees of Common Schools in said county.

        House No. 6. An act to amend an act to authorize and require the Governor to cause to be prepared and printed a sufficient amount of Bonds bearing eight per cent interest for the pupose of calling in and taking up the notes issued by law for military defence of this State, approved December 5th, 1862.

        House No. 7. An act for the relief of John W. Bryant, County Treasurer of Wilkinson county.

        House No. 8. An act for the relief of Yazoo City.

        House No. 9. An act to increase the salary of Probate Judge of Newton county.

        House No. 10. An act for the relief of W. H. Mangum, Sheriff of Yazoo county.

        House No. 11. An act to authorize the Auditor of Public Accounts to settle the taxes of Panola county for the year 1863 with James L. Fletcher.


        Mr. Cunningham introduced a bill which, on his motion, was referred, without reading, to the Committee on Claims.

        Mr. Regan called up the special order, to-wit: "The bill for the relief of L. D. Yates, late 2d Lieutenant Co. D, 1st Mississippi Regiment Mississippi State Troops," which was read the third time and passed--title standing as stated.

        Upon a call of the counties Mr. Alcorn introduced a bill to be entitled,

        "An act for the relief of the Mississippi River Fund,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Montgomery presented a petition, which, on his motion,


Page 54

was referred, without reading, to the Committee on Claims.

        Mr. Hanson introduced a bill to be entitled,

        "An act amendatory of an act for the relief of the first Battalion of Mississippi State Troops, commanded by Major Harper, approved December 9th, 1863,"

        Which was read the first time.

        On motion of Mr. Hanson, the rule was suspended, and the bill read the second time by its title.

        On motion of Mr. Shelly the bill was referred to the Military Committee.

        Mr. Fox called up the bill for the relief of the families of soldiers, and for other purposes.

        On motion of Mr. Fox, the bill was referred to the committee on Ways and Means.

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:

MR. SPEAKER:

        The Committee on Ways and Means, to which was referred a Senate bill entitled, "An act to amend an act to better provide for the families of soldiers," approved January 3d, 1863, have had the same under consideration and have instructed me to report the same back to the House with an amendment which they were instructed to make, with an expression of opinion that the bill is imperfect in its character, and should not in its present form become a law.


        On motion of Mr. Alcorn, the report was received.

        Mr. Liddell moved to recommit the bill to the committee without instructions.

        Mr. Fort moved to amend the motion by instructing the committee to retain the subject matter of the bill and amendment, which was adopted and the bill so referred.

MR. SHEAKER:

        The Committee on Ways and Means to which was referred a bill for the relief of tax payers of Marshall county, with instructions to report a general bill, have had the same under consideration and in compliance with the instructions of the House, report a substitute herewith for the original bill, which is respectfully submitted.


        On motion of Mr. Alcorn, the report was received and


Page 55

agreed to, and the substitute bill read three several times, under a suspension of the rules, and passed--title standing as stated.

MR. SPEAKER:--

        The Committee on Ways and Means to which was referred a resolution of the House instructing the committee to inquire into the expediency of withholding the salaries of Judges and other officers who fail to perform the duties required by law, have had the same under consideration and have instructed me to report the resolution back to the House with an accompanying bill with a recommendation favorable to its passage. All of which is respectfully reported.


        On motion of Mr. Alcorn, the report was received and agreed to.

        On motion of Mr. Alcorn, the rule was suspended and the bill read the second time by its title.

        Mr. Seal, of Harrison, offered the following amendment, which was adopted:

        "Insert after the word "enemy," in 16th line, 1st section, the following words: "or the proximity of the public enemy."

        On motion of Mr. Alcorn, the bill, as amended, was referred to the Judiciary Committee.

        Mr. Seal, of Harrison, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Judiciary Committee to whom was referred a bill entitled, "An act to amend the sixth Article of the thirty-second chapter of the Revised Code have had the same under consideration, and have instructed me to report the same back with a recommendation that the bill do pass.


        On motion of Mr. Seal, the report was received and agreed to, the bill read third time and passed--title standing as stated.

MR. SPEAKER:

        The Judiciary Committee to whom was referred a bill to be entitled, "An act to amend an act entitled an act to provide for the speedy recovery of personal property wrongfully taken or detained," approved December 3, 1863, have had the same under consideration, and have instructed me


Page 56

to report the same back with a recommendation that it do pass.


        On motion of Mr. Seal, the report of the committee was received and agreed to.

        On his further motion, the rule was suspended and the bill read the third time and passed--title standing as stated.

Mr. SPEAKER:

        The committeee to whom was referred a bill entitled "An act in addition to and amendatory of an act approved January 29th. A. D. 1862, entitled an act to amend Article 11, section 4, of chapter 39 of the Revised Code," have had the same under consideration, and have instructed me to report the same back with a recommendation that it do not pass.


        On motion of Mr. Seal the report was received and agreed to.

Mr. SPEAKER:

        The committee to whom was referred a bill entitled, "An act in relatian to loans of notes or bonds issued by the Confederate States, or by this State," have had the same under consideration, and have instructed me to report the same back with a recommendation that it do not pass.


        On motion of Mr. Seal, the report was received and agreed to.

MR. SPEAKER.

        The committee to whom was referred a bill entitled, "An act to provide for the security and prompt payment of the school funds of this State," have had the same under consideration, and have instructed me to report the same back with a recommendation that it do not pass.


        On motion of Mr. Seal, the report of the committee was received and agreed to.

        Mr. Anderson, from the committee on Lunatic Asylum, made the fololwing report:

MR. SPEAKER:

        The Committee on the Lunatic Asylum, to whom was referred a resolution of the House instructing the committee to inquire whether the laws of the Confederate States prohibiting trading with the enemy, have been violated by any of the agents of the Lunatic Asylum, and if so, under what circumstances, and to report the facts to the House with such legislation as in their opinion might be necessary, etc., have


Page 57

instructed me to report that the Superintendent of the Lunatic Asylum did send a certain amount of cotton to Vicksburg, and there exchanged the same for supplies, &c., for the said Lunatic Asylum, but that this was done under an order from the military department of Alabama, Mississippi and East Louisiana to the military commanders in that department to pass through our lines cotton and allow goods to be brought in exchange therfor, provided this pass is endorsed by His Excellency, Gov. Chas. Clark of Mississippi. Your committee have further instructed me to report that said pass was endorsed by His Excellency, the Governor, and that in their opinion no legislation is neeessary under the circumstances.


        Mr. Arnold, from the Select Committee on Distilleries, made the following report:

MR. SPEAKER:

        The special committee to whom was referred the petition of sundry citizens of Lowndes county, asking the privilege of distilling alcohol for chemical and medical purposes, have had the same under consideration, and instructed me to report said petition back to the House, with the recommendation that the privilege asked be not granted.


        On motion of Mr. Arnold, the report of the committee was received and agreed to.

MR. SPEAKER:

        The special committee to whom was referred two acts, to amend an act entitled "An act to prevent the distillation of spirituous liquors, and to declare distilleries a public and common nuisance, and to authorize the same to be abated, and for other purposes, approved April 5th, 1864," have had the same under consideration, and instructed me to report them back to the House with the recommendation that they do not pass.


        On motion of Mr. Arnold, the report was received and agreed to.

        Mr. Morehead, from a select committee, made the following report:

MR. SPEAKER:

        The select committee to whom was referred a bill entitled, "An act to authorize the Board of Police of Copiah county to sell certain property belonging to the poor fund," have had the same under consideration, and report an amendment to


Page 58

the 3d section, and recommend that the bill as amended do pass.


        On motion of Mr. Morehead, the report of the committee was received and agreed to.

        On his further motion, the amendment, as reported by the committee, was adopted, the rule suspended, the bill read the third time and passed as amended--title standing as stated.

MR. SPEAKER:

        The select committee to whom was referred a bill entitled, "An act to authorize and empower the Board of Police of Calhoun county to borrow the school funds from the Treasurer of said county for the use of the indigent families of soldiers therein, have had the same under consideration, and report the bill back with an amendment, with the recommendation that the bill pass as amended.


        On motion of Mr. Morehead, the report of the committee was received and agreed to.

        On his further motion, the amendments as reported by the committee was adopted, the rule suspended, the bill read the third time and passed as amended--title standing as stated.

        On motion of Mr. Hicks, the House took up Senate bill entitled,

        "An act to provide for the perfection and preservation of the records of Mississippi troops."

        On his further motion, the House resolved itself into committee of the whole for the consideration of said bill, Mr. Hicks in the chair.

        After a short time spent therein, the committee rose, reported the bill back with an amendment, with the recommendation that the bill as amended do pass.

        On motion of Mr. Hicks the report was received and agreed to

        On his further motion, the amendment, to wit:

        "Amend by inserting in line four, section two, after the word "officers" the words "non-commissioned officers, musicians,"

        Was adopted.

        The question being on the passage of the bill as amended, it was decided in the affirmative--title standing as stated.

        Mr. Seal, of Harrison, asked to be excused from serving on the special committee appointed to report a bill in regard to organizing the militia, which was granted.

        The Speaker appointed Mr. Anderson to fill the vacancy.


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        In accordance with previous notice, Mr. Irby moved a reconsideration of the vote by which the bill for the relief of the infant heirs of L. H. Maddox of Lafayette county was rejected, which motion prevailed.

        Mr. Seal, of Hancock, offered the following joint resolution:

        Resolved, (the Senate concurring.) That the Legislature adjourn sine die on Friday, the 12th instant.

        Which was read the first time.

        Mr. Seal moved that the rule be suspended for the purpose of having the resolution read the second time, which motion was lost.

        A communication was read from Mr. Jackson, of Amite, asking to be excused from attendance on account of his duties in the army before Atlanta, which was granted.

        Mr. Hicks moved that the House adjourn until to-morrow, 8 o'clock, which was lost.

        On motion of Mr. Fort, the House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed bills of the following titles:

        "An act amending the act and the amendment thereto, providing for the examination of the offices of Auditor of Public Accounts, and State Treasurer, approved respectively December 1, 1883, and April 5, 1864."

        "An act to authorize the Auditor of Public Accounts to settle with J. G. Barton, Sheriff and Tax Collector of Tishemingo county, and for other purposes."

        The Senate have concurred in the House joint resolutions inviting the Hons. J. A. Orr, Fulton Anderson and J. L. Alcorn, to address the Legislature.

        Also passed Senate bill entitled

        "An act to continue in force the present assessment of lands until the year 1869."

        The Senate have concurred in House amendment to Senate bill entitled

        "An act to authorize the boards of police of Lauderdale and Newton counties to borrow money belonging to or known as the Swamp Land Fund, and for other purposes."

        The Senate have passed the following bill:

        "An act to authorize the State Treasurer to exchange the Treasury notes of this State for certain bonds therein specified, and for other purposes."


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        The Senate have agreed to the report of the committee of conference on the disagreement of the two houses on House amendments to Senate bill entitled "An act to relieve Tax Collectors in certain cases."

        The Senate have passed bills of the following titles:

        House bill entitled

        "An act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862," passed with an amendment.

        Senate bill entitled

        "An act to amend an act entitled "An act to authorize and require the Governor to cause to be prepared and printed, a sufficient amount of bonds, bearing eight per cent. interest, for the purpose of calling in and taking up the Treasury notes issued by law for military defense of this State, approved December 5, 1863."

        Also House bill

        "An act to authorize the Auditor of Public Accounts to settle the taxes of Panola county for the year 1863, with James L. Fletcher."

        The Senate have passed bills of the following titles, to-wit:

        "An act for the relief of Wm. H. Mangum, Sheriff of Yazoo county."

        And have concurred in House joint resolution in regard to Major Gen. Forrest, with an amendment.

        The Senate have concurred in the resolution of the House appointing a joint select committee "to whom shall be referred the Senate bill providing for the organization and disciplining of the militia of this State, and a substitute therefore offered in the House."

        Messrs. Simonton, Moseley McRae, Bowles and Poindexter, have been appointed as said committee on the part of the Senate.

        And have passed House bill entitled "An act to amend Article 4, Section 2, Chapter 61, of Revised Code,"

        With an amendment thereto, in which the concurrence of the House is desired.

        And have adopted a substitute for House bill entitled

        "An act to furnish the county of Newton with the reports of the High Court of Errors and Appeals of this State," those heretofore furnished said county having been destroyed by the enemy in February last. The House is asked to concur in the same.

        And have passed Senate bill entitled

        "An act for the relief of Dempsey Sherrod."


        On motion of Mr. Fort, the House concurred in the following Senate amendment to House bill requiring tax collectors to collect the taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, to-wit:

        Amend, by additional section, as follows:

        SEC. --. Be it further enacted, That in counties where no assessment rolls for the years 1862 and 1863 have been returned to the Auditor's office, the tax collectors thereof shall


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be controlled by the assessment rolls of the fiscal year 1861, according to the provisions of this act.

        Mr. Murdock offered the following resolution:

        Resolved, That the members of this House hereby waive any right or supposed right which they may have to exemption from military duty in State service in the present crisis.

        Pending which, on motion of Mr. Johnson of DeSoto, the House adjourned until to-morrow morning, 8 o'clock.

THURSDAY, August 11, 1864.

        House met pursuant to adjournment.

        Prayer by the Rev. Dr. Harmon.

        On motion of Mr. Johnson, of Wilkinson, the reading of the Journal of yesterday was dispensed with.

        On motion of Mr. Regan, Messrs. Fort and Daniel were granted leave of absence for the remainder of the session.

        Mr. Morehead offered the following resolution, which was adopted.

        Resolved, That the Committee on Ways and Means be instructed to inquire whether Capt. D. S. Pattison ever accounted for the twenty thousand dollars placed in his hands by Gov. Pettus to purchase salt; what disposition, if any, has been made of the fifty bales of cotton placed by Gov. Pettus in the hands of Dr. Luke Blackburn, and whether the same has been accounted for.

        The resolution pending at adjournment yesterday evening, to-wit: the resolution waiving the right of the members of the House to exemption from military duty in State service in the present crisis.

        Mr. Murdock asked leave to withdraw the resolution, which was granted.

        Mr. Downs offered a bill to be entitled

        "An act to amend the militia laws of this State."

        Which was read the first time.

        On motion of Downs, the rule was suspended, and the bill read the second time by its title.

        On his further motion, the bill was referred to the joint special committee on the militia bill.


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        Mr. Lowry offered the following resolution, which was adopted:

        Resolved, That no member shall be allowed to speak longer than five minutes on any question without leave being granted, and then not more than ten minutes.

        Mr. Easterling asked and was granted leave of absence after Saturday next.

        Mr. Regan asked and obtained leave of absence for Mr. Seal, of Harrison, and Mr. Seal, of Hancock.

        Mr. Cunningham asked and obtained leave of absence for Messrs. Wynne and Buntin.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:

        The Committe on Enrollments have examined a bill entitled

        An act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862,"

        And finding the same correctly enrolled, have submitted it to the Governor for his approval and signature.


        The following message was received from the Governor, through his private secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
August 10, 1864.

MR. SPEAKER:

        I am instructed by his excellency, the Governor, to inform the House of Representatives that he did on yesterday approve and sign the following bill, re-wit:

        House No. 12.

        "An act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862."


        Mr. Isom called up the bill for the relief of the infant heirs of L. H. Maddox, of Lafayette county.

        Which was read three several times, under a suspension of the rules, and lost.

        Mr. Murdock, from the Committee on Claims, made the following report:

MR. SPEAKER:--

        The Committee on Claims to whom was referred the petition of H. W. Wentworth, Sheriff of Franklin county, have had the same under consideration, and have instructed me to report that in their opinion the said petitioner should have leave to withdraw his said petition.


        On motion of Mr. Murdock, the report was received and agreed to.


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MR. SPEAKER:--

        The Committee on Claims to whom was referred the application of W. M. Haley, Sheriff of Copiah county, have considered the same and instructed me to report it back, with a recommendation that the applicant be allowed to withdraw his application.


        On motion of Mr. Murdock, the report was received and agreed to.

MR. SPEAKER:--

        The Committee on Claims, to whom was referred the petition of L. H. Williford and G. T. Hill have considered the same and have instructed me to report it back to the House with the recommendation that the petitioners have leave to withdraw their said petition.


        On motion of Mr. Murdock, the report was received and agreed to.

MR. SPEAKER:--

        The Committee to whom was referred a bill to be entitled "An act for the relief of R. H. Felder, have considered the same, and have instructed me to report that, in their opinion, the subject matter of said bill should be referred to the Judiciary Committee.


        On motion of Mr. Murdock, the report was received and agreed to.

        Mr. Wells, from the Committee on Propositions and Grievances, made the following report:

MR. SPEAKER:

        The Committee on Propositions and Grievances, to whom was referred the petition of Wolf, Hiller & Co., citizens of Pike county, asking for legal pay for negroes executed on charges of insurrectionary movements by citizens of the neighborhood, have had the same under consideration and have instructed me to report that it would be impolitic for the State to undertake the payment of such claims, and recommend that petitioners be permitted to withdraw said petition.


        On motion of Mr. Wells, the report of the Committee was received and agreed to.

MR. SPEAKER:

        The standing Committee on Propositions and Grievances, to whom was referred the petition of Frances Tice, of Chickasaw county, and Franklin Williams, now of Monroe county,


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praying that the names of their two children, George, aged about ten years, and Laura, aged about four years, may be changed from that of Tice, to that of Williams, and that an act be passed legitimating the said children, so far as to make them legal heirs of said Franklin Williams--have had the same under consideration, and have instructed me to report a bill to the House with a recommendation that it do pass.


        On motion of Mr. Wells, the report was received and agreed to, and the bill read the first time.

        On motion of Mr. Young, the rule was suspended, and the bill read the second time by its title.

        Mr. Young moved a further suspension of the rule, which motion was lost.

        Mr. Johnson, of DeSoto, from a Committee of Conference on the part of the two Houses, made the following report:

MR. SPEAKER:

        The Conference Committee to whom was referred the disagreement of the two Houses on House amendment to Senate bill, entitled "An act to relieve Tax Collectors in certain cases," have had the same under consideration and have instructed me to report the same back to the House, with a recommendation that the House recede from its amendment and adopt in lieu thereof the accompaning amendment, and recommend that the bill so amended do pass, to-wit:

        Amend by striking out House amendment and substituting to be paid in Confederate States Treasury notes at their value previous to 1st April, 1864, except in the case of J. S. Mayfield. Tax Collector of Issequena county, who overpaid on account of taxes of 1861, which shall be paid in State money or new issue of Confederate States notes.


        On motion of Mr. Johnson, the report was concurred in.

        The House proceeded to the consideration of Senate messages.

        The following Senate amendment to House bill, entitled "An act to amend an act entitled an act to amend an act entitled an act better to provide for the families of soldiers, approved March 31st, 1864," so far as the same relates to the county of Yazoo, and for other purposes,

        Was, on motion of Mr. Yandell, concurred in.

        The following Senate amendment to House bill, entitled an act to amend art. 4; sec. 2, chap. 64, of the Revised Code, was, on motion of Mr. Young, concurred in:

        "Amend 1st section of the House bill by striking out all


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after the enacting clause, and inserting: That during the continuance of the present war, the Judges of the Circuit Courts of this State may order special terms to be held after fifteen days notice, by advertisement posted at the court house door, and at three other public places in the county."

        The following Senate amendment to House joint resolution in regard to Major General N. B. Forrest was, on motion of Mr. Cunningham, concurred in:

        "Amend 2nd resolution by striking out the words "Treasurer," and inserting the word "Auditor," and insert after the word Auditor the words "for his warrant upon the Treasurer," and strike out the word "draw," and insert the word "make."

        The Senate bill entitled.

        "An act to authorize the State Treasurer to exchange the Treasury Notes of this State for certain bonds therein specified, and for other purposes,"

        Was read the first time.

        On motion of Mr. Regan, the rule was suspended and the bill read the second time by its title.

        Mr. Murdock offered the following amendment, which was adopted:

        After the word "law" in last line, 2d section, amend by adding, "or any future law."

        On motion of Mr. Regan, the rule was suspended and the bill read a third time and passed--title standing as stated.

        Senate bill entitled, "An act amending the act and the amendment thereto, providing for the examination of the offices of Auditor of Public Accounts and State Treasurer, approved respectively, December 1st, 1863, and April 5th, 1864," was read the first time.

        On motion of Mr. Gowan, the rule was suspended, the bill read the second and third time and passed--the title standing as stated.

        Senate bill to authorize the Auditor of Public Accounts to settle with J. G. Barton, Sheriff and Tax Collector of Tishomingo county, and for other purposes, was read the first time.

        On motion of Mr. Gowan, the rule was suspended and the bill read the second and third time, and passed--title standing as stated.

        The Senate bill entitled, "An act to amend an act entitled an act to amend an act to authorize the State Treasurer to receive from delinquent tax collectors of the several counties in this State military treasury bonds or notes falling due the first of June, 1863 and 1864, in payment of the amounts due


Page 66

by them on account of the military taxes for the year 1861, approved April 5th, 1864," was read the first time.

        On motion of Mr. Gowan, the rule was suspended and the bill read the second and third time, under a suspension of the rule and passed--title standing as stated.

        The Senate bill entitled, "An act for the relief of Dempsey Sherrod," was, on motion of Mr. Gowan, read three several times under a suspension of the rules and passed--title standing as stated.

        The Senate substitute bill entitled, "An act to anthorize the Secretary of State to furnish the counties of Newton and Scott with copies of the Reports of the High Court of Errors and Appeals, and published laws of the State," for a House bill on the same subject," was, on motion of Mr. McElroy, read three several times, under a suspension of the rule, and passed--title standing as stated.

        The Senate bill entitled, "An act to continue in force the present assessment of land until the year 1869," was,

        On motion of Mr. Regan, read three several times, under a suspension of the rules, and passed--title standing as stated.

        The Senate bill to amend an act entitled, "An act to authorize and require the Governor to cause to be prepared and printed a sufficient amount of bonds bearing eight per cent interest for the purpose of calling in and taking up the Treasury Notes issued by law for military defence of this State, approved December 5th, 1863," was,

        On motion of Mr. Gowan, read three several times, under a suspension of the rules, and passed--title standing as stated.

        The following communication was read from M. D. Haynes, State Treasurer:

TREASURER'S OFFICE,
MACON, MISS., August 11, 1864.

To the Legislature of Mississippi:

        On the 29th January, 1862, the Legislature of this State passed an act authorizing the issuance of two millions and five hundred thousand Treasury Notes. In the 3d section of said act, you authorize the funding of the same, viz: "That the Treasury Notes hereby authorized may be funded as follows--any person holding notes less than the sum of $500 of said notes may present the same to the Treasury for the purpose of funding the same, and thereupon a bond of this State bearing interest at the rate of 8 per cent per annum, &c." Under the provisions of this act many persons have made application to me to obtain the bonds. The printed bonds not being prepared, 1 gave certificates of deposits for said money. On the 5th December, 1863, the Legislature passed an act amending the law of the 29th January, 1862, so far as to make applicants applying for bonds to apply through the Auditor's office. The parties holding my certificates of deposit claim that the bonds shall be dated the


Page 67

same date of the certificate of deposit. The Governor and Auditor say that they cannot ante-date the bond. I therefore ask the Legislature to pass a law authorizing the ante-dating the payment of interest on the certificates of deposits.

M. D. HAYNES,
State Treasurer.


        Mr. Fox introduced a bill to be entitled,

        "An act to secure the payment of moneys which may here-after be borrowed from the school fund of township 20, in range 10 east, in Choctaw county."

        Which was read three several times, under the suspension of the rules, and passed--title standing as stated.

        Mr. Powe introduced a bill to be entitled,

        "An act to amend article 87, section 11, page 445, of the Revised Code,"

        Which was read the first and second time, under a suspension of the rule, and, on motion of Mr. Powe, was referred to the Judiciary Committee.

        Mr. Gowan introduced a bill, which, on his motion, was referred, without reading, to the committee on Propositions and Grievances.

        Mr. Moore introduced a bill to be entitled.

        "An act to legalize and regulate the distillation of spirituous liquors, and for the purpose of raising additional revenue,"

        Which was read the first time.

        On motion of Mr. Bradford, the bill and subject matter therein was indefinitely postponed.

        Mr. McGehee, from the joint select committee on the militia bill, made the following report:

MR. SPEAKER:--

        The joint select committee to whom was referred a bill entitled, "An act to amend an act entitled an act to provide for the organization of the militia of this State, together with a substitute therefor, after considering the same instruct me to report the following bill, entitled, "An act to amend an act entitled an act to provide for organizing the militia of this State," with the recommendation that it do pass.


        Mr. McGehee moved that the report be received and agreed to.

        Mr. Young called for a division of the question.

        The question being taken on the motion to receive the report, it was decided in the affirmative.

        Mr. Young moved to lay the bill reported by the committee on the table, which motion was lost.


Page 68

        The question being taken on agreeing to the report of the committee, it was decided in the affirmative.

        On motion of Mr. Johnson, of De Soto, the House resolved itself into Committee of the Whole for the consideration of said bill.

        Mr. Johnson, of DeSoto, in the chair.

        After some time spent therein, the committee rose, reported the bill back to the House, with an amendment, with the request that it be discharged from the further consideration of the same.

        On motion of Mr. Seal, of Harrison, the report was received.

        On motion of Mr. Johnson, of DeSoto, the report was agreed to.

        Mr. Alcorn moved the previous question, which being sustained, the question was taken on the following amendment, reported by the committee:

        "Provided, That nothing in this act can be so construed as to mean that this Legislature can authorize a forced enlistment of any of the judicial, executive, or legislative departments of the Government."

        Which was rejected, by yeas and nays called for by Messrs. Bradford, Pounds and Robinson, as follows:

        YEAS--Mr. Speaker, Messrs. Archer, Barton, Deason of Copiah, Evans, Easterling, Eskridge, Fowler, Fox, Foxworth, Gowan, Hooker, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Morehead, Montgomery, McKay of Green, Pope, Shelly, Wynne and Yandell--24.

        NAYS--Messrs. Arnold, Bradford, Bestor, Boon, Brown, Buntin, Barnett, Cunningham, Carroll, Downs, Falconer, Gully, Grace, Isom, Johnson of DeSoto, Liddell, Lowry, Moore, Marable, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, McGehee, McNeil, Owen, Pounds, Powe, Pinson, Regan, Robinson, Staples, Sessions, Sutton, Taylor, Upshaw, Wells and Young--40.

        The question was then taken an the passage of the bill, and decided in the affirmative by yeas and nays called for by Messrs. Bradford, Barton and Maxwell, as follows:

        YEAS--Messrs. Archer, Alcorn, Bradford, Bestor, Boon, Brown, Buntin, Barnett, Cunningham, Downs, Eskridge, Fowler, Falconer, Gully, Grace, Gray, Hicks, Hanson, Hendon, Johnson of DeSoto, Liddell, Lowry, Moore, Marable, Montgomery, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, McGehee, McNeil, Owen, Regan, Robinson, Sessions, Shelly, Taylor, Upshaw and Wynne--41.

        NAYS--Mr. Speaker, Messrs. Arnold, Barton, Carroll, Deason of Copiah, Evans, Easterling, Fox, Foxworth, Gowan, Hooker, Isom, Irby, Johnson of Wilkinson, Johnson of Tippah, Kirk, Lott, Morehead, McKay of Green, Pope, Pounds, Powe, Pinson, Staples, Sutton, Wells, Yandell and Young--28.


Page 69

        Mr. Upshaw asked leave of absence after to-day,

        Which was granted.

        On motion of Mr. Gowan, the House adjourned until 3 o'clock, p. m.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Barton asked leave of absence for Mr. Sutton, which was granted.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have concurred in House amendment to Senate bill entitled

        "An act to provide for perfecting and preserving the records of Mississippi troops."

        And have passed the following entitled House bills:

        "An act to amend, an act entitled "An act to provide for the payment of certain informal claims against the State." Approved Dec. 9, 1863.

        With sundry amendments to the same, in which the House is asked to concur.

        "An act to authorise and empower the Board of Police of Calhoun county to borrow the School Funds from the Treasurer of said county, for the use of the indigent families of soldiers therein."

        With amendments thereto, in which the concurrence of the House is desired.

        "An act for the relief of the Mississippi River Levee Fund."

        With an amendment, and the House is asked to concur in the same.

        "An act for the relief of the Gulf and Ship Island Railroad Company, and for other purposes."

        With amendments. The concurrence of the House in said amendments is desired.

        "An act to repeal an act entitled "An act to regulate the distribution of money arising from fines, forfeitures, &c.," approved April 5th, 1864, so far as it relates to the county of Claiborne.

        "An act for the relief of L. D. Yates, late 2nd Lieutenant Company D, 1st Mississippi Regiment."

        And have passed Senate bill entitled

        "An act to provide for the publication of an act therein named."


        Mr. Upshaw called up the bill entitled "An act to change the names of George and Laura Tice, and for other purposes."

        On his motion, the rule was suspended, the bill read the third time, and passed--title standing as stated.

        On motion of Mr. Pope, the Senate messages were taken up.

        On motion of Mr. Gowan, the House concurred in Senate


Page 70

amendments to House bill entitled "An act to amend an act entitled an act to provide for the payment of certain informal claims against the State," approved Dec. 9, 1863.

        On motion of Mr. Liddell, the House concurred in Senate amendment to House bill entitled "An act to authorize and empower the Board of Police of Calhoun county to borrow the school fund from the Treasurer of said county, for the use of the indigent families of soldiers therein."

        On motion of Mr. Bradford, the House concurred in Senate amendment to House bill entitled "An act for the relief of the Mississippi river Levee Fund."

        On motion of Mr. Pope, the House adopted the Senate substitute for House bill entitled "An act for the relief of the Gulf & Ship Island Railroad Company."

        A Senate bill entitled "An act to provide for the publication of an act therein named,"

        Was, on motion Mr. Liddell, read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Gowan introduced a bill to be entitled

        "An act to amend Art. 20, Section 5, page 239 of the Revised Code."

        Which was read twice, under a suspension of the rule.

        On motion of Mr. Fowler, the bill was laid upon the table.

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:

MR. SPEAKER:--

        The Committee on Ways and Means, to which was referred the Senate bill entitled "An act to amend an act entitled an act to better provide for the families of soldiers," approved January 3d, 1868, as well as a House bill to be entitled "An act further to provide for the families of soldiers, and for other purposes," have had the same under consideration, and have instructed me to report the same back to the House, and recommend the passage of the Senate bill as amended by the committee.


        On motion of Mr. Alcorn, the report was received and agreed to.

        On his further motion, the House resolved itself into committee


Page 71

of the whole for the consideration of said Senate bill as amended,

        Mr. Alcorn in the chair.

        After a short time spent therein, the committee rose, reported the bill back to the House, with the amendments reported by the Committee on Ways and Means, and with the recommendation that the bill as amended do pass.

        On motion of Mr. Alcorn, the report was received and agreed to, and the following amendments adopted.

        Amendments: in section 2, strike out after the word "sum," in the 2d line, to the word "for" in the 5th line, and insert,

        "One million of dollars be and the same is hereby appropriated, one-half of said sum to be paid out of the money specified in the first section of this act, and the other half out of any money in the treasury, not otherwise appropriated."

        In Sec. 4, strike out all after the word, "agriculturist," in 4th line from bottom, and insert, "as well as wagons, teams and drivers, necessary for transporting the provisions purchased or impressed to the place desired."

        In Sec. 5, strike out all after the enacting clause and insert, "That when the said commissioners may be unable to procure the necessary provisions in their own county, they may proceed to any other county in this State, and there make application to the sheriff of the county, accompanying said application with an affidavit setting forth the fact of their inability to obtain by purchase or impressment the provisions necessary in their own county, and that they have not been able to purchase the same at impressment prices in the county of the sheriff; thereupon it shall be the duty of the sheriff by himself, or deputy, immediately to impress from the excess above the necessities of the people of his county, the amount and kind of food required; and said sheriff is likewise required to impress wagons, teams and drivers, sufficient to transport the provisions to the place desired: provided, the commissioners shall make oath that there are no teams sufficient for the purpose liable to impressment in their own county (except when the teams are desired to haul the provisions to a depot, then no affidavit shall be required) and in all cases where teams are impressed under the provisions of this act, the owner or owners shall be paid


Page 72

according to the prices fixed by the Confederate government for like labor.

        Strike out Sec. 6.

        On motion of Mr. Alcorn, the rule was suspended, the bill read the third time, and passed--title standing as stated.

        Mr. Murdock called up House joint resolution providing for the appointment of a committee to prepare an address to the General Assembly of the State of Alabama, urging that body to co-operate with this State in putting a stop to the distillation of ardent spirits.

        Mr. Murdock moved the adoption of the resolution which was decided in the negative.

        Mr. Moore, by leave, introduced a bill to be entitled

        "An act to amend Article 78, Section 7, chapter 6 of the Revised Code."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Arnold, by leave, introduced a bill to be entitled

        "An act to amend an act entitled an act relative to the establishment of a temporary penitentiary," approved Dec. 5, 1864.

        Which was read the first and second time under a suspension of the rule.

        Mr. Bradford moved to refer the bill to the Committee on the Penitentiary--which was lost.

        On motion of Mr. Arnold, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Powe, from the Judiciary Committee, made the following report:

MR. SPEAKER:--

        The Committee on the Judiciary, to whom was referred a bill to be entitled "An act for the relief of the Enterprise Bridge Company," have had the same under consideration, and have instructed me to report the said bill back to the House with a substitute, and recommend the passage of the substitute.


        On motion of Mr. Powe, the report of the committee was received and agreed to.

        On his further motion, the rule was suspended, the bill read the third time, and passed--title standing as stated.

        Mr. Gully, by leave, introduced a bill to be entitled


Page 73

        "An act to amend Art. 16, section 5, chapter 33, page 238, of the Revised Code,"

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Leave of absence was granted Messrs. Buntin and Wynne,

        On motion of Mr. Barton, the House adjourned until to-morrow morning, 8 o'clock.

FRIDAY, August 12th, 1864.

        House met pursuant to adjournment.

        Prayer by the Hon. Mr. Evans.

        On motion of Mr. Hicks, the reading of the journal of yesterday was dispensed with.

        On motion of Mr. Regan, the call of the counties was dispensed with.

        Mr. Regan moved to call from the table the Senate resolution waiving the right of the State to the exemption of certain officers,

        Which was decided in the negative by yeas and nays, called for by Messrs. Bradford, Barton and Robinson, as follows:

        YEAS--Messrs. Bradford, Boon, Barnett, Hicks, Isom, Liddell, Moore, Marable, McLemore, Owen, Regan, Robinson, Upshaw and Young--15.

        NAYS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Arnold, Bestor, Barton, Brown, Buntin, Cunningham, Carroll, Deason of Copiah, Downs, Evans, Eskridge, Fowler, Fox, Foxworth, Falconer, Gowan, Gray, Hooker, Hanson, Irby, Johnson of DeSoto, Johnson of DeSoto, Johnson of Wilkinson, Kirk, Lott, Lowry, Morehead, Montgomery, Maxwell, Murdock, McKay of Green, McKay of Neshoba, McLaurin, McElroy, McGehee, McNeil, Pounds, Powe, Pinson, Pruit, Shelly, Taylor, Wells, Yandell--49.

        Mr. Upshaw, from the Committee on Military Affairs, made the following report.

MR. SPEAKER:

        The Committee on the Military to whom was referred a bill for the relief of first battalion State troops have had the same under consideration and have instructed me to report the bill back to the House, with a recommendation that it do pass,



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        Which was received and agreed to.

        On motion of Mr. Upshaw, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Liddell offered the following resolution, which was adopted:

        Whereas, the Legislature did, on the 10th day of August, inst., pass a law requiring tax collectors, under specified circumstances, to collect the taxes of 1863 and 1864, by the assessment rolls of the fiscal year 1861; and whereas this Legislature did, at its regular session, enact a law amendatory of the revenue laws of this State, approved 9th day of December, 1863, imposing a tax on many subjects of taxation not theretofore taxed, and which had not theretofore been assessed; therefore,

        Resolved, That the Committee of Ways and Means be instructed to inquire whether any further legislation be necessary to enable tax collectors to collect the tax imposed by said amendatory act, and to report by bill or otherwise.

        Mr. Gowan offered a bill to be entitled an act to exempt certain persons from military duty therein named,

        Which was read the first time.

        Mr. Gowan moved that the rule be suspended, for the purpose of having the bill read the second time,

        Which was lost.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed bills of the following titles:

        "An act to amend an act authorizing the issuance of treasury notes on behalf of the State, approved January 29, 1862."

        An act to authorize the Governor of the State of Mississippi to exchange the treasury notes and bonds of the Confederate States belonging to the State, and for other purposes."


        Mr. Arnold offered a series of resolutions, entitled:

        "Resolutions of the Legislature of Mississippi responsive to the peace movement North,"

        Which were read the first and second time under a suspension of the rule.

        Mr. Eskridge moved that the resolutions be referred to a joint special committee of five on the part of the House, and--on the part of the Senate,

        Which was lost.


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        On motion of Mr. Anderson, the resolutions were laid on the table.

        Mr. Wells, from the Committee on Propositions and Grievances, made the following report:

MR. SPEAKER:

        The standing Committee on Propositions and Grievances, to whom was referred the petition of Wm. Williamson, of Simpson county, asking pay for a horse and saddle impressed by Lieutenant L. C. Dorrok, under pretended orders of the Governor of the State, have had the same under consideration, and have instructed me to report that in the absence of the proof of such orders, they recommend that the claim be referred to the State Commissioner, whose duty it is to audit and allow informal claims, and petitioner be allowed to withdraw his papers, and that committee be discharged from the further consideration of this subject.


        On motion of Mr. Wells, the report was received and agreed to.

        Mr. Murdock, from the Committee on Claims, made the following reports:

MR. SPEAKER:

        The Committee on Claims, to whom was referred a bill entitled an act for the relief of W. H. Mangum, sheriff and tax collector of Yazoo county, have considered the same and instruct me to report it baek with the recommendation that it do pass.


        On motion of Mr. Murdock, the report was received and agreed to.

        On motion of Mr. Eskridge, the rule was suspended, the bill read three several times and passed--title standing as stated.

MR. SPEAKER:

        The committee to whom was referred a bill to be entitled an act for the relief of G. C. Chandler, have had the same under consideration and have instructed me to report it back to the House with the recommendation that it do pass.


        On motion of Mr. Murdock, the report was received and agreed to, the bill read the second time and passed--title standing as stated.

MR. SPEAKER:

        The Committee on Claims, to whom was referred a resolution authorizing the payment of five thousand dollars to certain citizens of Noxubee county, which they had borrowed


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for the purpose of sending relief to our wounded soldiers at Atlanta, have instructed me to report the same back to the House with the recommendation that it do pass.


        On motion of Mr. Murdock, the report was received and agreed to, and the bill read the first and second time, under a suspension of the rule.

        On motion of Mr. Gowan, the House resolved itself into Committee of the Whole for the consideration of said bill.

        Mr. Gowan in the Chair.

        After some time spent therein, the Committee rose, reported the bill back to the House with the recommendation that the bill pass.

        Mr. Gowan moved that the report be received and agreed to.

        Mr. Hicks called for a division of the question, which being taken, the report was received.

        On motion of Mr. Gowan, the report was agreed to.

        On motion of Mr. Murdock, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:

        The Committee on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature, viz:

        "An act to amend an act entitled an act to amend an act entitled an act better to provide for the families of soldiers, approved March 31, 1864, so far as the same relates to the county of Yazoo, and for other purposes."

        "An act to repeal an act entitled an act to regulate the distribution of money arising from fines, forfeitures, &c. approved April 5, 1864, so far as the same relates to the county of Claiborne."

        "An act for the relief of L. D. Yates, late 21 lieutenant, Co. D. 1st Miss. Reg't."

        "An act to authorize and empower the board of police of Calhoun county to borrow the school funds from the treasurer of said county for the use of the indigent families of soldiers therein."

        "An act to amend an act entitled an act to provide for the payment of certain informed claims against the State, approved Dec. 9, 1863."

        "An act for the relief of the Mississippi River Levee Fund."

        "Joint resolution in relation to Major Gen. Forrest."


        Mr. Hicks, from the Judiciary Committee, made the following reports:

MR. SPEAKER:

        The Committee to whom was referred a bill to be entitled,


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"An act to authorize Attorneys and Counsellors at Law being Clerks of the Probate Court to practice law in certain other courts for a limited period," have had the same under consideration, and have instructed me to report the bill back to the House, and recommend that the bill do pass.


        On motion of Mr. Hicks, the report was received and agreed to, the bill read three several times, under a suspension of the rule, and passed--title standing as stated.

MR. SPEAKER:--

        The committee to whom was referred a bill to repeal chapter 207, on page 263, session acts, November 1859, have had the same under consideration, and instructed me to report the bill back to the House and recommend that it do pass.


        On motion of Mr. Hicks, the report was received and agreed to, the bill read three several times, under a suspension of the rule and passed--title standing as stated.

MR. SPEAKER:--

        The Committee to whom was referred a bill to be entitled "An act to amend Article 87. Sec. 11, on page 445 of the Revised Code," have had the same under consideration, and have instructed me to report the bill back to the House, with a recommendation that it do pass.


        On motion of Mr. Hicks, the report was received and agreed to.

        On his further motion, the rule was suspended, the bill read the third time and passed--title standing as stated.

        Mr. Eskridge, by leave, introduced a bill to be entitled

        "An act to punish desertion."

        Which was read the first time.

        On motion of Mr. Eskridge, the rule was suspended and the bill read the second time by its title.

        On motion of Mr. Young, the bill was referred to the Judiciary Committee.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate has adopted the following joint resolution, to wit:

        "Joint resolution in relation to the education of children of soldiers killed or disabled during the present war."

        The Senate has passed the following entitled bill:

        "An act to repeal an act entitled an act amendatory of article 6, chapter 3, page 292 of the Revised Code, and for other purposes, approved Dec. 7, 1863."



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        On motion of Mr. Murdock, the House proceeded to the consideration of Senate messages.

        The Senate joint resolution in relation to the education of the children of soldiers killed or disabled during the war, was taken up.

        Mr. Murdock offered the following amendment, which was adopted:

        After "education," in 3d line, add the words "and support."

        On motion of Mr. Murdock, the resolution as amended was adopted.

        The Senate bill to amend an act amendatory of Art. 6, Chapter 3, page 292 of the Revised Code, and for other purposes," approved Dec. 1863.

        Which was read the first and second time, under a suspension of the rule.

        On motion of Mr. Johnson, of DeSoto, the bill was referred to the Judiciary Committee.

        The Senate bill to authorize the Governor of the State of Mississippi to exchange the treasury notes and bonds of the Confederate States belonging to this State, and for other purposes, was,

        On motion of Mr. Alcorn, read the first and second time under a suspension of the rule.

        On motion of Mr. Murdock, the rule was suspended and the bill read the third time by its title.

        The question being taken on the passage of the bill, it was decided in the affirmative, by yeas and nays, called for by Messrs. Bestor, Isom and Maxwell, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Arnold, Bradford, Boon, Barnett, Carroll, Downs, Evans, Fox, Foxworth, Falconer, Grace, Gray, Hooker, Hanson, Hendon, Isom, Irby, Johnson of DeSoto, Johnson of Wilkinson, Kirk, Liddell, Lott, Lowry, Morehead, Montgomery, Maxwell, Murdock, McLemore, McKay of Green, McKay of Neshoba, McElroy, McGehee, McNeil, Pope, Pounds, Powe, Pinson, Pruit, Regan, Robinson, Sessions, Shelly, Taylor, Yandell and Young--50.

        NAYS--Messrs. Bestor, Brown, Cunningham, Gowan and McLaurin--5.

        Senate bill entitled "An act to amend an act entitled an act authorizing the issuance of treasury notes on behalf of the State, approved Jan. 29, 1862."

        Was read the first and second time, under a suspension of the rules.


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        On motion of Mr. Alcorn, the rule was suspended, and the bill read the third time by its title.

        The question being taken on its passage, it was decided in the affirmative, by yeas and nays, called for by Messrs. Murdock, Arnold and Kirk, as follows:

        YEAS--Messrs. Anderson, Alcorn, Bradford, Bestor, Boon, Barton, Brown, Barnett, Cunningham, Downs, Evans, Fowler, Fox, Falconer, Gray, Hooker, Hanson, Irby, Johnson of DeSoto, Kirk, Liddell, Lott, Marable, Montgomery, Maxwell, McLemore, McKay of Neshoba, McElroy, McGehee, Owen, Pounds, Pinson, Pruit, Regan, Robinson, Sessions, Shelly and Taylor--38.

        NAYS--Mr. Speaker, Messrs. Archer, Arnold, Carroll, Easterling, Foxworth, Grace, Gowan, Henden, Isom, Lowry, Murdock, McKay of Green, McLaurin, McNeil, Pope, Powe, Wells, Yandell and Young--20.

        The following message was received from the Governor, through his private secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
August 12, 1864.

MR. SPEAKER:

        I am directed by his excellency, the Governor, to inform the House of Representatives that he did on this day approve and sign the following bills, to-wit:

        "Joint resolution in regard to Major Gen. N. B. Forrest."

Also House bill No. 13, being

        "An act to amend an act entitled an act to provide for the payment of certain informal claims against the State," approved Dec. 9th, 1863.

Also House bill No. 14, being

        "An act to amend an act entitled an act better to provide for the families of soldiers," approved March 31, 1864, so far as the same relates to the county of Yazoo, and for other purposes."

House, No. 15--

        "An act to repeal an act entitled an act to regulate the distribution of money arising from fines, forfeitures, &c., approved April 5, 1864, so far as the same relates to the county of Claiborne."

House, No. 16--

        "An act for the relief of the Mississippi River Levee Fund."

House bill No. 17--

        "An act for the relief of L. D. Yates, late 2d lieutenant Co. D, 1st Miss. Regiment."

House bill No. 18--

        "An act to authorize and empower the board of police of Calhoun county to borrow the school funds from the Treasurer of said county for the use of indigent families of soldiers therein."


        Mr. Powe, from a special committee appointed at the last session of the Legislature, made the following report:


Page 80

MR. SPEAKER:--

        The special committee appointed at the last session to investigate certain charges against W. E. Rogers, a member of this House from the county of Tippah, beg leave to report that they have performed that duty, and recommend the adoption of the following resolution:

        WHEREAS, information has been received that W. E. Rogers, a member of this House from the county of Tippah, has left this State and gone to the enemy, and is engaged in business, and continues to remain within their lines, thereby abandoning his citizenship in this State, as also the cause of the Confederate States, therefore,

        Resolved, That W. E. Rogers, a member of this House from the county of Tippah, be expelled, and his seat declared vacant.


        On motion of Mr. Powe, the report was received and agreed to, and the resolution adopted.

        On motion of Mr. Hendon, the House adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        House met pursuant to adjournment.

        Mr. Murdock, by leave, introduced a bill to be entitled,

        "An act supplemental to an act entitled an act to amend an act authorizing the issuance of treasury notes on behalf of the State, approved Jan. 29, 1862."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Shelly, by leave, introduced a bill to be entitled

        "An act for the instruction and guidance of the commissioners of the military relief fund of this State."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Deason, of Copiah, offered the following:

        Resolved, That no further new business be entertained by this House at the present session.

        Which was rejected.

        Mr. Gowan offered the following resolution, which was adopted:

        Resolved, (the Senate concurring) That both houses of the Legislature adjourn sine die on Saturday, the 13th inst., at 9 o'clock, A. M.


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        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed the following entitled bills:

        Senate bill entitled

        "An act to authorize and require the Secretary of State to give to members of the Legislature certificates of their membership under the seal of the State, and for other purposes."

        Senate bill entitled

        "An act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862," passed at the present session of the Legislature.

        House bill entitled

        "An act to amend Article 78, Section 7, Chapter 6, of the Revised Code."

        House bill entitled

        "An act to amend Article 16, Section 5, Chapter 33, Page 238, Revised Code."

        House bill entitled

        "An act to authorize the Board of Police of Copiah county to sell certain property belonging to the Poor Fund."

        Senate bill entitled

        "An act to amend the act to authorize the collecting of taxes in the currency therein mentioned, and for other purposes, approved April 5, 1864."

        House bill entitled

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State," with amendments.


        On motion of Mr. Gowan, the Senate messages were taken up.

        The Senate bill to be entitled "An act to authorize and require the Secretary of State to give to the members of the Legislature certificates of their membership under the seal of the State, and for other purposes,"

        Was read the first time.

        On motion of Mr. Gowan, the rule was suspended, and the bill read the second time by its title.

        Mr. Hendon moved to lay the bill on the table, which motion was lost.

        Mr. Yandell offered the following amendment, which was adopted:

        "Amend by striking out the proviso at the end of the second section."

        On motion of Mr. Yandell, the rule was suspended, the bill read the third time by its title and passed--the title standing as stated.

        The Senate bill entitled "An act to amend the act to authorize the collection of taxes in the currency therein


Page 82

mentioned, and for other purposes," approved April 5, 1864,

        Was read three several times, under a suspension of the rules, and passed--title standing as stated.

        The Senate bill to be entitled an act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, passed at the present session of the Legislature,"

        Was read the first and second time, under a suspension of the rule.

        On motion of Mr. Yandell, the bill was referred to the Committee on Ways and Means,

        The House proceeded to the consideration of Senate amendments to House bill entitled

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State."

        The first amendment was, on motion of Mr. Brown, concurred in, to-wit:

        "Amend the first section by striking out after the word "commissioners" the words "in a number sufficient to feed the indigent poor," and insert the words "appointed to distribute the fund for the relief of destitute families of soldiers, not exceeding one in each police district."

        The second amendment, to-wit:

        Amend the first section by inserting in the proviso the words "members of the board of police and county treasurers," after the word "poor."

        Mr. Regan moved to concur in said amendment.

        Which motion was decided in the negative by yeas and nays, called for by Messrs. Bradford, Barton and Deason of Copiah, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Arnold, Boon, Brown, Barnett, Deason of Copiah, Foxworth, Falconer, Grace, Hooker, Johnson of Wilkinson, Liddell, Lott, Moore, Marable, Montgomery, Maxwell, Murdock, McLemore, McKay of Neshoba, McLaurin, McElroy, McGehee, Pope, Pruit, Robinson, Sessions and Wells--29.

        NAYS--Messrs. Archer, Alcorn, Bradford, Bestor, Barton, Cunningham, Carroll, Downs, Evans, Easterling, Fox, Gowan, Gray, Hicks, Hanson, Hendon, Isom, Irby, Johnson of DeSoto, Kirk, Lowry, Morehead, McKay of Green, McNeil, Owen, Pounds, Powe, Pinson, Regan, Shelly and Yandell--32.

        On motion of Mr. Bradford, the following amendments were severally concurred in:


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        Amend by the following additional section, inserted before the last section:

        SEC. --. Be it further enacted, That the 27th section of the act to which this is an amendment, authorizing companies of independent scouts, be and the same is hereby repealed, and that such companies now in service, be disbanded after the expiration of ninety days, and in the meantime that companies organized as independent scouts shall be ordered by the Governor into active service to repel the invasion of the State.

        4th. Amend 1st section by inserting after the word "naval" and before the word "service" the words "or other"

        5th. Amend the title by inserting after the words "organizing" the words "and disciplining", and by adding thereto the words "approved Dec. 9, 1863."

        Mr. Alcorn, from the Committee on Ways and Means, made the following report:

Mr. SPEAKER:--

        The Committee on Ways and Means, to whom was referred a communication from M. D. Haynes, State Treasurer, in relation to certain bonds, &c.," have considered the same, and instructed me to report the accompanying bill, entitled "An act to authorize the payment of."


        On motion of Mr. Alcorn, the report was received and agreed to,

        The bill read three several times under a suspension of the rules, and passed--title standing as stated.

        Mr. Alcorn offered the following joint resolution, which was adopted under a suspension of the rules:

        Whereas, at the present time it is impossible for postmasters to obtain postage stamps from Richmond, in consequence of the want of facilities for communicating with the Confederate capital, therefore,

        Resolved by the Legislature of the State of Mississippi, That postmasters in this State may issue postage tickets to be used as change in payment of postage at their several offices: Provided, said tickets shall state upon their face that they are payable in postage stamps of the Confederate States, and that the authority herein given shall cease and terminate so soon as mail facilities are open with Richmond, and stamps can be obtained by said postmasters.

        Mr. Anderson, from the Judiciary Committee, made the following report:


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MR. SPEAKER:

        The committee to whom was referred a bill to be entitled "An act to repeal an act entitled an act amendatory of Art. 6 chapter 3, page 292 of the Revised Code, and for other purposes, approved Dec. 7; 1863," have instructed me to report the bill back to the House, and recommend that it do not pass.


        On motion of Mr. Anderson, the report was received and agreed to.

        On motion of Mr. Gowan, the House took a recess for half an hour.

        The recess having expired, the House resumed its business.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have passed bills of the following titles:

        House bill entitled

        "An act for the relief of G. C. Chandler."

        House bill entitled

        "An act to authorize Attorneys and Counsellors at Law, being Clerks of the Probate Court, to practice law in certain other courts for a limited period."

        House bill entitled

        "An act supplemental to an act entitled an act to amend an act authorizing the issuance of treasury notes on behalf of the State," approved January 29, 1862."

        House bill entitled

        "An act amendatory of an act entitled an act for the relief of the first battalion Mississippi State Troops, commanded by Major Harper," approved December 9, 1863."

        And have concurred in House joint resolution for the relief of certain citizens of Noxubee county.

        The Senate have concurred in House amendment to Senate bill entitled

        "An act to authorize the State Treasurer to exchange the Treasury notes of this State for certain bonds therein specified, and for other purposes."

        And have refused to concur in House amendment to joint resolution of the Senate entitled

        "Joint resolution in relation to the education of the children of soldiers killed or disabled during the present war."

        The Senate have receded from their second amendment to House bill entitled

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State."


        Mr. Gowan offered the following resolution, which was adopted, under a suspension of the rules:

        Resolved, (the Senate concurring,) That the Public Printer be, and he is hereby, directed to publish immediately, for


Page 85

the use of both houses, 500 copies of the military bill this day passed by the Legislature.

        Mr. Alcorn made the following report:

MR. SPEAKER:

        The Committee on Ways and Means have had under their consideration a Senate bill entitled "An act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, passed at the present session of the Legislature," have instructed me to report the bill back to the House with an amendment and recommend its passage.


        On motion of Mr. Alcorn, the report of the committee was received and agreed to.

        On his further motion, the amendment reported by the committee was adopted.

        On his further motion, the rule was suspended, the bill read three several times, and passed--title standing as stated.

        Mr. Young, by leave, introduced a bill to be entitled

        "An act supplemental to an act entitled an act to amend an act organizing and disciplining the militia."

        Mr. Young moved that the rule be suspended, for the purpose of having the bill read the second time, which motion was lost.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:--

        The Committee on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature to-wit:

        "An act to authorize the board of police of Copiah county to sell certain property belonging to the poor fund."

        "An act to amend Article 78, Section 7, Chapter 6, of the Revised Code,"

        "An act for the relief of the Gulf and Ship Island Railroad and for other purposes,"

        "An act to amend Art. 16, Sec. 5, Chapter 33, Page 238 of the Revised Code."


        Mr. Alcorn, from the Committee on Ways and Means, to whom was referred a resolution of inquiry in regard to certain funds placed in the hands of D. S. Pattison for the purchase of salt for the State, submitted the following report on the subject from the Quartermaster General:


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REPORT:

        Statement of the amount of Salt received of Capt. D. S. Pattison, Salt Agent for State of Mississippi, by A. M. West, Q. M. General, State of Miss.:

        
1863.
Jan'y 1st. Rec'd 56 Bbls Salt.
Jan'y 1st. Rec'd 1 half bbl. do.
Jan'y 7th. Rec'd 30 Sacks do
Total nett weight-- 29,150 pounds.


        NOTE.--Capt. Pattison has never made any report to this department of the cost of the above salt--what he paid for it, &c. I distributed this salt, however, at the rate of 13c. per pound, with the exception of 856 pounds to Copiah county at 10c. per pound, being the first lot distributed by me. This price was placed on the salt by Gov. Pettus, who said that Pattison informed him that 10 cents would cover cost laid down in Jackson, Miss.; but Mr. Block, from a later conversation with Capt. Pattison, made a calculation and discovered that it would require at least 13c. per pound to cover expenses of agents, transportation, &c., at which latter figure all salt received from Capt. Pattison was distributed pro rata to the various counties of the State.

        In regard to the cotton delivered to Dr. Blackburn, all I know about it is, I heard his brother say that it had arrived safely at Nassau.


A. M. WEST,
Q. M. General, S. M.

Q. M. GEN.'S DEP'T.
Macon, Miss., Aug. 12, '64.

P. S.--I heard, verbally, that some of the above named salt has never been paid for.

        On motion of Mr. McGehee, the House adjourned until to-morrow morning, 8 o'clock.

SATURDAY, August 13th, 1864.

        The House met pursuant to adjournment.

        Prayer by the Rev. Dr, Harmon.

        On motion of Mr. McLemore, the reading of the journal of yesterday was dispensed with.

        Mr. Alcorn, from the joint select committee to whom was referred that portion of the Governor's message in reference to the exemption of the civil officers of this State from military


Page 87

service, and the Senate resolutions relative to the same, reported a substitute for said resolutions, entitled "Joint resolutions in relation to the exemption of certain State and county officers from the military service of the Confederate States."

        On motion of Mr. Alcorn, the report was received and agreed to, and the resolution read the second time.

        Mr. Gowan offered the following amendment:

        Add after the word "yeas," on 1st line of second page, the words, "except one for each police district."

        Which was adopted by yeas and nays called for by Messrs. Gowan, Yandell and Barton, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Arnold, Bradford, Bestor, Boon, Barton, Brown, Cunningham, Carroll, Evans, Easterling, Fox, Foxworth, Falconer, Gowan, Hicks, Hooker, Hendon, Irby, Johnson of DeSoto, Johnson of Wilkinson, Kirk, Lott, Lowry, Moore, Montgomery, Maxwell, Murdock, McKay of Green, McLaurin, McElroy, McGehee, Owen, Pope, Pounds, Pinson, Pruit, Seasions, Shelly, Taylor, Yandell and Young--43.

        NAYS--Messrs. Barnett; Fowler, Grace, Gray, Hanson, Isom, Liddell, Morehead, McLemore, McKay of Neshoba, McNeil, Powe, Regan, Robinson and Wells--15.

        Mr. Young offered the following amendment:

        "Amend by striking out the words "under the age of forty five years," after the words incorporated cities and towns."

        Which was rejected.

        The question being taken on the adoption of the resolution, it was decided in the affirmative.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate has passed the following entitled bill:

        "An act to exempt certain persons therein named from militia service in this State."

        The Senate have concurred in House amendment to Senate bill, entitled "An act to authorize and require the Secretary of State to give to the members of the Legislature certificates of their membership, under the seal of the State, and for other purposes."

        The Senate have concurred in the first and third amendments of the House to Senate bill, entitled "An act to amend an act entitled an act to better provide for the families of soldiers, approved Jan. 3rd, 1863," and have refused to concur in the 2nd and 4th amendments to said bill.


        On motion of Mr. Johnson, of DeSoto, the House proceeded to the consideration of Senate messages.


Page 88

        On motion of Mr. Johnson, of DeSoto, the House receded from its amendment to Senate bill for the education of the children of deceased soldiers.

        On motion of Mr. Liddell, the House receded from the second amendment to the Senate bill entitled, "An act to amend an act entitled an act to better provide for the families of soldiers," approved January 3d, 1863.

        On motion of Mr. Fox, the House receded from its 5th amendment to said bill.

        The Senate bill entitled "An act to exempt certain persons therein named from militia service in this State,"

        Was read the first time.

        Mr. Alcorn moved a suspension of the rule.

        A point of order having been made by Mr. Bradford, the Speaker decided it competent for the House of entertain the bill, in which decision he was sustained by the House.

        On motion of Mr. Alcorn, the rule was suspended and the bill read the second time by its title.

        Mr. Alcorn offered the following amendment:

        "Amend by inserting after the words "seven years past, and who are now engaged in the practice of their profession," the words "together with all ministers of the gospel who are by the laws of the Congress of the Confederate States, exempt from military service in the army of the Confederate States; at end of section insert "and engaged in the discharge of their ministerial duties."

        Mr. Johnson, of DeSoto, moved to lay the amendment on the table,

        Which motion was lost.

        The question being taken on the adoption of the amendment, it was decided in the affirmative by yeas and nays, called for by Messrs. Bradford, Barton and Yandell, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bestor, Boon, Barton, Brown, Barnett, Cunningham, Carroll, Deason of Copiah, Evans, Easterling, Fox, Foxworth, Falconer, Grace, Gowan, Gray, Hooker, Hendon, Isom, Irby, Johnson of DeSoto, Johnson of Wilkinson, Liddell, Lott, Morehead, Montgomery, Maxwell, Murdock, McLemore, McKay of Green, McKay of Neshoba, McLaurin, McElroy, McGehee, McNeil, Owen, Powe, Pinson, Regan, Sessions, Shelly, Taylor, Wells, Yandell and Young--49.

        NAYS--Messrs. Bradford, Fowler, Hicks, Hanson, Pounds, Pruit and Robinson--7.


Page 89

        On motion of Mr. Alcorn, the rule was suspended and the bill read the third time by its title.

        The question being taken on its passage, it was decided in the affirmative, by yeas and nays, called for by Messrs. Bradford, Robinson and Fowler, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bestor, Boon, Barton, Brown, Barnett, Cunningham, Carroll, Deason of Copiah, Evans, Easterling, Fox, Foxworth, Falconer, Grace, Gowan, Gray, Hanson, Hendon, Isom, Irby, Johnson of DeSoto, Johnson of Wilkinson, Kirk, Lott, Montgomery, Maxwell, Murdock, McLemore, McKay of Green, McKay of Neshoba, McLaurin, McElroy, McGehee, McNeil, Owen, Pinson, Regan, Sessions, Shelly, Taylor, Wells, Yandell and Young--47.

        NAYS--Messrs. Bradford, Fowler, Moore, Morehead, Pounds, Powe, Pruit and Robinson--8.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have passed House bills entitled:

        "An act to amend article 115, section 10, page 122, of the Revised Code."

        "An act for the relief of W. H. Mangum, Sheriff and Tax Collector of Yazoo county."

        And have passed Senate bill entitled

        "An act to authorize the Commissioners to give M. D. Haynes, State Treasurer, credit for certain warrants lost or mislaid."


        The Senate bill entitled "An act to authorize the commissioners to give M. D. Haynes, State Treasurer, credit for certain warrants lost or mislaid."

        Was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Cunningham, by leave, introduced a bill to be entitled

        "An act to establish a minimum for the sale of two millions of State bonds authorized to be sold under an act passed at the present session of the Legislature."

        Which was read three several times, under a suspension of the rules, and passed--title standing as stated.

        Mr. Deason, of Copiah, offered the following joint resolution, which was adopted under a suspension of the rules.

        Resolved by the Legislature of the State of Mississippi, That the commissioners appointed to examine the Quartermaster General, Ordnance and Executive Departments, are hereby instructed (with power to send for persons and papers) to ascertain what disposition has been made of the twenty thousand dollars placed by Ex-Gov. Pettus in the hands of


Page 90

D. S. Pattison for the purchase of salt; also, what has become of the fifty bales of cotton placed by Gov. Pettus in the hands of Dr. Luke Blackburn for certain purposes; and that said commissioners report the result of their investigations to the Governor as soon as practicable.

        Mr. Powe, from the Judiciary Committee, made the following reports, which were received and agreed to:

MR. SPEAKER:--

        The Committee to whom was referred a bill to be entitled "An act to punish deserters," have had the same under consideration, and instructed me to report the bill back to the House with a recommendation that it do not pass.


MR. SPEAKER:--

        The Committee to whom was referred a bill to be entitled "An act to reduce the salaries of Circuit and Probate Judges in certain cases," have had the same under consideration, and have instructed me to report the same back to the House, with a recommendation that it do not pass.


        Mr. Murdock, from the Committee on Claims, made the following report:

MR. SPEAKER:

        The Committee on Claims, to whom was referred the petition of W. R. Nutt, have had the same under consideration, and have instructed me to report it back to the House with the recommendation that said petitioner have leave to withdrawn his petition.


        Mr. Wells offered the following resolution, which was unanimously adopted:

        Resolved, That the thanks of this House are due, and are hereby tendered, to the citizens of Macon for their kindness and hospitality, extended to its members during the present session of the Legislature.

        On motion of Mr. Yandell, the Committee on the Lunatic Asylum were instructed to continue their investigations relative to certain transactions on the part of the agents of said institution.

        Mr. Gowan offered a resolution requesting all officers, executive, judicial, ministerial and legislative, to take up arms during the present crisis.

        Which was read the first time.

        Mr. Gowan moved that the rule be suspended for the purpose


Page 91

pose of having the resolution read the second time, which was lost.

        On motion of Mr. Deason, the House took a recess for half an hour.

        The recess having expired, the Speaker called the House to order.

        A quorum not being present, a call of the House was ordered.

        A quorum appearing, the House resumed business.

        The following message was received from the Governor through his private Secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
MACON, MISS., August 12, 1864.

MR. SPEAKER:--

        I am directed by his excellency, the Governor, to inform the House that he did, on yesterday, approve and sign the following House bills, to-wit:

House bill, No. 19.--

        "An act to authorize the Board of Police of Copiah county to sell certain property belonging to the poor fund."

Also, House bill, No. 20.

        "An act to amend Art. 16, Sec. 5, Chapter 33, page 238 of the Revised Code."

House bill, No. 21.

        "An act to amend Article 78, Sec. 7, Chapter 6 of the Revised Code"

Also, House bill, No. 22.

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State, approved December 9th. 1863."

Also, House bill, No. 23, being

        "An act supplemental to an act entitled an act to amend an act authorizing the issuance of Treasury notes on behalf of the State, approved Jan. 29th, 1862."

Also, House bill, No. 24, being

        "An act amendatory of an act for the relief of the first battalion of Mississippi State troops, commandded by Major Harper, approved Dec. 9, 1863."

Also, House bill, No. 25, being

        "An act to authorize attorneys and counsellors at law being Clerks of the Probate Court to practice law in certain courts for a limited period.

Also, House bill, No. 26, being

        "An act for the relief of G. C. Chandler."

Also, No. 27, being a

        "Resolution for the relief of certain citizens of Noxubee county."

House, No. 28.

        "An act to amend Art. 115, Section 10, page 122 of the Revised Code."


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House, No. 29.

        "An act for the relief of W. H. Mangum, Sheriff and Tax Collector of Yazoo county."


        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have adopted resolutions entitled

        "Joint resolutions in relation to the powers of the Legislature over the civil officers of the State."

        And have refused to concur in House amendments to Senate bill entitled

        "An act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862," passed at the present session of the Legislature."


        On motion of Mr. Murdock, Mr. Kirk was excused from further attendance during the session.

        On motion of Mr. Alcorn, Mr. Hendon was excused from further attendance.

        On motion of Mr. McNeil, Mr. High was excused for non-attendance on account of sickness in his family.

        On motion of Mr. Alcorn, the Senate message were taken up.

        The Senate joint resolution in relation to the powers of the Legislature over the civil officers of the State.

        Was read the first time.

        On motion of Mr. Alcorn, the rule was suspended and the resolution read the second time.

        Mr. Moore moved to lay the resolutions on the table.

        Mr. McGehee moved the previous question.

        Pending which, on motion of Mr. Cunningham, the House adjourned until 2 o'clock, P. M.

TWO O'CLOCK, P. M.

        The House met pursuant to adjournment,

        And resumed the consideration of the business then pending, to-wit: the motion of Mr. Moore to lay on the table Senate joint resolutions in relation to the powers of the Legislature over the civil officers of the State.

        The question being taken on the motion to lay on the table, it was decided in the affirmative, by yeas and nays, called for by Messrs. Bradford, Barton and Murdock, as follows:

        YEAS--Mr. Speaker, Messrs. Archer, Bradford, Bestor, Boon, Barton, Carroll, Deason of Copiah, Evans, Easterling, Falconer,


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Gray, Hicks, Hooker, Hanson, Isom, Irby, Moore, Montgomery, Maxwell, McKay of Green, McKay of Neshoba, McNeil, Owen, Pounds, Powe, Pinson, Robinson, Sessions, Shelly, Wells and Young--32.

        NAYS--Messrs. Anderson, Alcorn, Arnold, Barnett, Cunningham, Fowler, Fox, Foxworth, Grace, Gowan, Johnson of DeSoto, Johnson of Wilkinson, Liddell, Lott, Murdock, McLemore, McLaurin, McElroy, McGehee, Pruit, Regan and Taylor--22.

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate has concurred in House amendment to Senate bill entitled

        "An act to exempt certain persons therein named from militia service in this State."

        And have adopted House substitute to Senate

        "Joint resolution in relation to the exemption of State and county officers from the military service of the Confederate States."

        Also, concurred in House joint resolution in regard to having printed the military bill.

        And passed House bill entitled

        "An act to authorize the payment of interest on certificates of the State Treasurer issued in certain cases."

        And have concurred in House joint resolution conferring certain powers on commissions.


        The Senate message refusing to concur in House amendments to Senate supplemental act requiring tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, &c., was taken up.

        On motion of Mr. Alcorn, the subject was laid on the table.

        Mr. McGehee offered the following resolution:

        Resolved, That the members of this House do hereby waive their right to exemption from the military service of the State, by virtue of any law of the same, and inasmuch as they will still be under control of the Governor in case they enter said service, pledge themselves to respond to this emergent call to the defense of the State they have the honor to represent.

        Mr. Barton moved to lay the resolution on the table.

        Which was decided in the affirmative by yeas and nays, called for by Messrs. Barton, Deason, of Copiah, and McGehee, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Bestor, Boon, Barton, Deason of Copiah, Evans, Fox, Foxworth, Gray, Hicks, Hooker, Hanson, Irby, Johnson of DeSoto, Johnson of Wilkinson, Liddell, Lott, Montgomery, McLemore, McKay of Green, McKay of Neshoba, Owen, Pounds, Pinson, Sessions, Shelly, Taylor and Yandell--31.


Page 94

        NAYS--Messrs. Arnold, Bradford, Barnett, Cunningham, Carroll, Easterling, Falconer, Grace, Gowan, Isom, Maxwell, Murdock, McLaurin, McElroy, McGehee, Powe, Pruit, Regan and Wells--19

        Messrs. Moore, Robinson, Fowler and Young were excused from voting.

        Mr. Murdock, from the Committee on Claims, submitted a bill to be entitled

        "An act making certain appropriations therein made."

        Which was read twice under a suspension of the rule.

        On motion Mr. Falconer, the House resolved itself into committee of the whole for the consideration of said bill.

        Mr. Falconer in the chair.

        After some time spent therein, the committee rose, reported the bill back to the House, with the recommendation that it do pass.

        On motion of Mr. Falconer, the report was received and agreed to.

        On motion of Mr. Murdock, the rule was suspended, the bill read the third time, and passed--title standing as stated.

        On motion of Mr. Liddell, the Senate supplemental bill in relation to tax collectors collecting taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, with House amendments thereto, was taken from the table.

        On motion of Mr. Liddell, the House insisted on its amendments to said bill, and,

        On his further motion, a committee of conference was appointed, of five on the part of the House.

        The Speaker appointed, as the committee on the part of the House, Messrs. Liddell, Murdock, Fowler, Regan and Irby.

        The following message was received from the Senate:

MR. SPEAKER:--

        A message from the Governor was received by the Senate with his objections to the act entitled "An act to exempt certain persons therein named from military service in this State," which bill originated in the Senate. The objections of the Governor were entered at large upon the journals of the Senate, which thereupon proceeded to reconsider the bill; and, upon such reconsideration, two-thirds of the Senate did agree to pass the bill, the vote being determined by yeas and nays. The bill, with the objections of the Governor, is herewith sent, and the concurrence of the House in the action of the Senate is asked.



Page 95

        On motion of Mr. McGehee, the objections of the Governor were spread upon the journals, and are as follows:

EXECUTIVE OFFICE.
MACON, MISS., August 13, 1864.

Gentlemen of the Senate:

        I return for your further consideration the bill originated in the Senate entitled "An act to exempt certain persons therein named from military service in this State," which act I cannot approve.

        At your session in December last, you exempted from military duty ministers of the gospel "having pastoral charges." Now, when the services of all capable of bearing arms are required, this act exempts all ministers of the gospel who are "authorized to preach according to the rules of his church, and who at the passage of this act shall be regularly employed in the discharge of his ministerial duties." This will increase the number threefold.

        The act of Congress, whose exemptions you in part adopt, uses the term "ministers of religion," which embraces those of that section to whom the gospel was first preached. I refer you to sections 4 and 5 of the first article of the Constitution of Mississippi.

        I object to the exemptions of physicians named in the bill. There are hundreds of these who refuse to obey professional calls except when it suits their convenience. Those only should be exempt who attend the calls of the destitute as well as the wealthy.

        I object to the exemption of three hundred members of the Board of Police. They can take a thirty days vacation without any great detriment to the public service.

        These objections are submitted, with the most profound respect, for your consideration. On the eve of your apjournment I have not time to discuss these questions.

        I can but repeat the sentiment expressed in my message at the opening of your session: "It is true that we must have a State government, and officers to administer it. Some must be left from the army to provide food and clothing for the army and the people; the religious and educational interests of the country must not be neglected; but for none of these causes can any man be excused from the highest of all duties, the defense of his home from the enemy at his door."

CHAS. CLARK.


        The question being taken on the passage of the bill over the veto of the Governor, it was decided in the affirmative, by yeas and nays, as follows:

        YEAS--Mr. Speaker, Messrs. Anderson, Archer, Alcorn, Arnold, Bestor, Boon, Barton, Cunninghan, Carroll, Deason of Copiah, Evans, Easterling, Fox, Foxworth, Falconer, Gowan, Gray, Hooker, Hanson, Isom, Irby, Johnson of DeSoto, Johnson of Wilkinson, Liddell, Lott, Maxwell, Murdock, McLemore, McKay of Green, McKay of Neshoba, McLaurin, McElroy, McNiel, Owen, Pope, Pinson, Regan, Shelly, Taylor, Wells, Yandell and Young--43.

        NAYS--Messrs. Bradford, Barnett, Fowler, Grace, Hicks, Moore, Morehead, Montgomery, McGehee, Pounds, Powe, Pruitt, Robinson and Sessions--14.


Page 96

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have passed House bill entitled

        "An act making certain appropriations therein named," with an amendment.


        On motion of Mr. Murdock, the Senate message were taken up.

        On his further motion, the House concurred in the following Senate amendment to House bill entitled "An act making certain appropriations therein named."

        Amend first section by striking out "$2490" and inserting "$2490 00" as the appropriation to M. D. Haynes.

        On motion of Mr. Young, the House took a recess for half an hour.

        The recess having expired the House resumed business.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have agreed to the conference asked by the House on the disagreeing vote of the two houses on House amendment to Senate bill entitled "An act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862," passed at the present session of the Legislature.

        Messrs. Moore, Wilson and Davis, have been appointed as said committee on the part of the Senate.

        And have adopted the following joint resolution in which the concurrence of the House is desired:

        Resolved by the Senate, (the House concurring) That the two houses do adjourn sine die this day at 6½ o'clock, P. M.


        On motion of Mr. Johnson, of DeSoto, the above resolution was concurred in.

        On motion of Mr. Young, the House took a recess of fifteen minutes.

        The recess having expired, the House resumed business.

        Mr. Liddell, from a select committee, made the following report:

MR. SPEAKER:--

        The committee of conference, upon the House amendment to Senate bill entitled "An act supplemental to an act entitled an act to require tax collectors to collect the taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862," passed at the present session of the Legislature, have agreed to recommend to the Senate to concur in said House amendment.



Page 97

        On motion of Mr. Liddell, the report was received and agreed to.

        The following message was received from the Senate:

MR. SPEAKER:

        The Senate have agreed to the report of the Committee of Conference on the disagreeing vote of the two houses on House amendments to Senate bill, entitled

        "An act supplemental to an act entitled an act to require tax collectors to collect taxes of 1863 and 1864 by the assessment rolls of the fiscal year 1862, passed at the present session of the Legislature.


        Mr. Murdock offered the following resolution which was unanimously adopted:

        Resolved, That the thanks of this House are tendered to the Hon. L. E. Houston for the impartiality and uniform courtesy with which he has presided over our deliberations.

        Mr. Pounds offered the following resolution which was adopted:

        Resolved, That a committee of five on the part of the House, and -- on the part of the Senate, be appointed to wait on the Governor, and inform him that the two houses are now ready to adjourn, and to ascertain if he has any further communications to make.

        The Speaker appointed as a committee on the part of the House, Messrs. Hicks, Maxwell, Pounds, Murdock and Young.

        Mr. Murdock offered the following resolution, which was adopted:

        Resolved, That the thanks of this House are tendered to R. C. Miller, Esq., and Major J. L. Power, for the able discharge of their duties as clerks of this House.

        The following message was received from the Senate:

        "An act amendatory of an act entitled an act for the relief of the first battalion of Mississippi State troops, commanded by Major Harper, approved Dec. 9, 1863."

        "An act supplemental to an act entitled an act to amend an act authorizing the issuance of treasury notes on behalf of the State, approved Jan. 29, 1862."

        "An act to amend an act entitled an act to provide for organizing and disciplining the militia of this State, approved December 9th, 1863."

        "An act to authorize Attorneys and Counsellors at Law, being Clerks of the Probate Court, to practice law in certain courts for a limited period."

        "An act for the relief of G. C. Chandler."

        "Resolution for the relief of certain citizens of Noxubee county."


Page 98

        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have passed House bill entitled:

        "An act to establish a minimum for the sale of two millions of State bonds, authorized to be sold under an act passed at the present session of the Legislature."


        Mr. Johnson, from the Committee on Enrolled Bills, reported as correctly enrolled

        "An act to establish a minimum for the sale of two millions of State bonds, authorized to be sold under an act passed at the present session of the Legislature."

        The following message was received from the Governor, through his private secretary, Mr. Poindexter:

EXECUTIVE OFFICE,
MACON, August 13, 1864.

MR. SPEAKER:--

        I am directed by the Governor to inform the House of Representatives that he did on this day approve and sign the following bills, to-wit:

        "An act to authorize the payment of interest on certificates of the Treasurer issued in certain cases."

        "Joint resolution in relation to the exemption of certain State and county officers from the military service of the Confederate States."

        "Joint resolution."

        "An act making certain appropriations therein named."


        Mr. Gowan offered the following resolution, which was adopted:

        Resolved, That the thanks of this House are due and hereby tendered to D. J. Buck, Sergeant-at-Arms, and G. W. Edwards, Door-Keeper, for the efficient manner in which they have discharged the duties of their respective offices.

        Mr. Johnson, from the Committee on Enrolled Bills, made the following report:

MR. SPEAKER:--

        The Committee on Enrollments have examined bills of the following titles, and finding the same correctly enrolled, have submitted them to the Governor for his approval and signature:

        "An act for the relief of W. H. Mangum, Sheriff and Tax Collector of Yazoo county."

        "An act to amend article 115, section 10, page 122, of the Revised Code."

        "An act to authorize the payment of interest on certificates of the State Treasurer, issued in certain cases,"

        "Joint resolution in relation to the duties of certain commissioners."

        "An act making certain appropriations therein named."

        "Joint resolution in relation to the exemption of State and county officers from the military service of the Confederate States."



Page 99

        The following message was received from the Governor, through his private Secretary, Mr. Poindexter:

MR. SPEAKER:--

        I am directed by the Governor to inform the House of Representatives that he did, on this day, approve and sign House bill entitled

        "An act to establish a minimum for the sale of two millions of State bonds authorized to be sold under an act passed at the present session of the Legislature."


        The following message was received from the Senate:

MR. SPEAKER:--

        The Senate have concurred in joint resolution of the House appointing a joint committee to wait on his excellency, the Governor, and inform him that the two houses are now ready to adjourn.

        Messrs. Luckett, Jordan and Quin were appointed as said committee on the part of the Senate.


        Mr. Hicks, from the committee on the part of the House to wait upon the Governor, &c., reported that his excellency had no further communication to make.

        The following message was received from the Senate:

MR. SPEAKER:--

        I am instructed to inform the House of Representatives that the Senate is ready to adjourn, sine die.


        On motion of Mr. Johnson. of DeSoto, the Clerk was instructed to inform the Senate that the House of Representatives is now ready to adjourn sine die.

        Mr. Johnson moved that the House do now adjourn sine die, and,

        After a few appropriate remarks, the Speaker declared the House of Representatives so adjourned.

LOCK E. HOUSTON,
Speaker House Reps.

R. C. MILLER, Clerki


Page 100

INDEX.

  • ALCORN, J. L., Representative from Coahoma--
    • bill introduced by oe 53
    • resolution offered by, 15, 83, 87.
    • votes, 30, 45, 48, 50, 51, 73, 78, 79, 82, 88, 89, 93, 93, 95
  • ARNOLD, J. M., Representative from Lowndes--
    • resolutions offered by, 33, 40, 74
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 93, 94, 95.
  • ANDERSON, FULTON, Represenative from Hinds--
    • votes, 30, 42, 45, 50, 73, 78, 79, 82, 87, 88, 89, 93, 93, 95
  • ARCHER, GEO. H., representative from Choctaw--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 92, 93, 95.
  • BRADFORD, A. B., representative from Bolivar--
    • bills introduced by, 14, 20
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 92, 94, 95.
  • BESTOR, D. P., representative from Clarke--
    • bills introduced by 15, 32
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 92, 93, 95.
  • BARNETT, J. W., representative from Yazoo--
    • bills introduced by, 14, 31
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.
  • BOON, W. A., representative from DeSoto--
    • votes, 30, 42, 45, 48, 50, 51, 68, 78, 79, 82, 87, 88, 89, 92, 93, 95.
  • BARTON, J. D., representative from Itawamba--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 79, 82, 87, 88, 89, 92, 93, 95.
  • BRADLEY, JOHN, representative from Marshall--
    • votes, 30, 42, 45, 48, 51
  • BROWN, R. D., representative from Winston--
    • votes, 30, 42, 45, 48, 50, 68, 73, 73, 79, 82, 87, 88, 89
  • BUNTIN, JOHNSON, representative from Yallabusha--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73
  • CUNNINGHAM, J. M., representative from Noxubee--
    • bills introduced by, 17, 39, 89
    • resolution offered by, 41
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94.
  • CONVENTION, joint--
    • of the two houses 12
  • CARROLL, J. G., representative from Oktibbeha--
    • votes, 42, 45, 48, 50, 68, 73, 78, 79, 82, 87, 88, 89, 92, 94

    Page 101

  • DOWNS, WILLIAM, Representative from Itawamba--
    • bills introduced by 61.
    • resolutions offered by 23
    • votes 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82.
  • DEASON, W. M., Representative from Copiah--
    • resolution offered by 80, 89.
    • votes 42, 45, 48, 50, 51, 68, 73, 82, 88, 89, 92, 93, 95.
  • DEASON, AMOS, Representative from Jones--
    • votes 30, 42, 45.
  • DANIEL, J. R., Representative from Marshall--
    • votes 30, 42, 45, 48, 50, 51.
  • ESKRIDGE, W. S., Representative from Tallahatchie--
    • bills introduced by 52, 77.
    • votes 30, 42, 45, 47, 59, 51, 68, 73.
  • EASTERLING, W. K., Representative from Rankin--
    • votes, 30, 42, 45, 50, 51, 68, 79, 82, 87, 88, 89, 92, 94, 95.
  • EVANS, HENRY, Representative from Jackson--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 92, 93, 95.
  • FOX, THOMAS, Representative from Choctaw--
    • bills introduced by 19, 24, 25, 39, 67.
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 93, 95.
  • FALCONER, HOWARD, Representative from Marshall--
    • bill introduced by, 30
    • votes, 30, 42, 45, 48, 50, 68, 73, 78, 79, 82, 87, 88, 89, 92, 94, 95.
  • FORT, JAMES, representative from Marshall--
    • bills introduced by, 17, 45
    • votes, 30, 42, 45, 48, 50, 51
  • FOWLER, T. N., representative from Washington--
    • votes, 48, 68, 73, 79, 87, 89, 93, 95
  • FOXWORTH, J. P., representative from Marion--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 93, 95.
  • GULLY, P. H., representative from Kemper--
    • bills introduced by, 72
    • votes, 30, 42, 45, 48, 51, 68
  • GRACE, W. G., representative from Lauderdale--
    • resolution offered by, 22
    • votes, 30, 42, 45, 48, 51, 68, 78, 79, 82, 87, 88, 89, 94, 95
  • GOWAN, T. R., representative from Simpson--
    • bill introduced by, 67
    • resolutions offered by, 84, 90, 98
    • votes, 42, 45 48, 51, 68, 73, 78, 79, 82, 87, 88, 89, 94, 95
  • GRAY, HENRY, representative from Wayne--
    • votes, 30, 42, 45, 48, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • HANSON, J. A., representative from Leake--
    • bills introduced by, 18, 31, 54
    • votes 30, 42, 45, 48, 51, 73, 78, 79, 82, 87, 88, 89, 93, 93, 95.

    Page 102

  • HENDON, JOHN R., Representative from Scott--
    • bill introduced by 17.
    • votes 30, 42, 45, 51, 78, 79, 82, 87, 88, 89.
  • HICKS, E. H., representative from Jefferson--
    • bills introduced by, 5, 40
    • votes, 30 42, 45, 48, 73, 82, 87, 88, 93, 93, 95
  • HOOKER, H., representative from Lawrence--
    • votes, 30, 42, 45, 48, 51, 68, 73, 78, 79, 82, 87, 88, 93, 93, 95.
  • HATHORN, HIRAM, representative from Perry--
    • votes, 30, 42, 45, 48, 51
  • ISOM, N. A., representative from Lafayette--
    • bill introduced by, 24
    • votes, 30, 42, 45, 48, 50, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 94, 95.
  • IRBY, L. B., representative from Panola--
    • bills introduced by, 39, 45
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • JOHNSON, JOSEPH, representative from Wilkinson--
    • bills introduced by, 14, 18, 20
    • votes, 30, 42, 45 48, 50, 51, 68, 73, 78, 82, 87, 88, 89, 93, 95.
  • JOHNSON, M. D., representative from DeSoto--
    • votes, 30, 42, 45, 48, 50, 51, 68, 78 79, 82, 87, 88, 89, 93, 95.
  • JOHNSON, B., representative from Tippah--
    • vote, 50
  • KIRK, C. S., representative from Winston--
    • votes, 30, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 89
  • LIDDELL, W. W., representative from Carroll--
    • report of minority committee, 29
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 93, 95.
  • LOTT, W. B., representative from Madison--
    • bill introduced by, 31
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • LOWRY, ROBERT, representative from Tishomingo--
    • votes, 42, 45, 50, 68, 73, 78, 79, 82, 87
  • MAXWELL, W. C., representative from Panola--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.
  • MOREHEAD, S. J., representative from Copiah--
    • bills introduced by, 19, 22
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 82, 87, 88, 89, 95
  • MURDOCK, A., representative from Lowndes--
    • bills introduced by, 22, 25, 80, 94
    • resolutions offered by, 97, 98
    • votes, 30, 42, 45, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.
  • McELROY, J. C., representative from Newton--
    • bill introduced by, 20
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.

    Page 103

  • McGEHEE, J. G. R., representative from[torn page]
    • bills introduced by[torn page]
    • resolutions introduced by[torn page]
    • votes, 30, 42, 45, 48, 50, 51, 68, [torn page] 93, 94, 95.
  • McNEIL, JOHN, representative from Pontotoc[torn page]
    • bill introduced by,[torn page]
    • votes, 30, 45, 50, 51, 68, 73, 78, 79, 82, [torn page]
  • MARABLE, C. C., representative from Chickasaw--
    • votes, 30, 42, 45, 48, 50, 51, 68,[torn page]
  • McLEMORE, J. D., representative from Carroll--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • McKAY, W. A., representative from Neshoba--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • McKAY, S. V., representative from Green--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • MOORE, B. B., representative from Chickasaw--
    • votes, 30, 42, 45, 50, 68, 73, 82, 87, 89, 93, 95
  • MONTGOMERY, S. S., representative from Franklin--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • McLAURIN, JOHN. R., representative from Lauderdale--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.
  • MESSAGES--
    • from Governor, 6, 14, 32, 34, 46, 53, 62, 79, 91, 95, 98, 99
    • from Senate, 5, 6, 11, 15, 17, 23, 25, 37, 43, 48, 59, 69, 74, 77, 81, 84, 87, 89, 92, 93, 94, 96, 97.
  • OWEN, B. F., representative from Holmes--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • POWE, W. T., representative from Jasper--
    • votes, 42, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95.
  • PRUITT, J. M., representative from Tishemingo--
    • votes, 73, 78, 79, 82, 87, 88, 89, 93, 94, 95
  • POPE, THOMAS, representative from Covington--
    • votes, 30, 42, 45, 48, 50, 51, 68, 78, 79, 82, 87, 95
  • POUNDS, M., representative from Itawamba--
    • votes, 30, 42, 45, 48, 51, 68, 73, 78, 79, 82, 87, 88, 93, 95
  • PINSON, SAMUEL, representative from Pontotoc--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • REGAN, JOSEPH, representative from Claiborne--
    • bills introduced by, 36, 51
    • votes, 30, 42, 48, 50, 51, 68, 73, 78, 79, 87, 88, 89, 93, 94, 95.
  • RUCKS, J. T., representative from Hinds--
    • bill introduced by, 19
    • votes, 30, 42
  • ROBINSON, H. C., representative from Kemper--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95

    Page 104

  • [torn page]
    • [torn page]State Treasurer 66
    • [torn page]Ways and Means, 21, 26, 36, 54, 55, 70, 85.
    • [torn page]mmittee, 26, 27, 28, 55, 55, 72, 76, 84, 90.
    • [torn page]Enrolled Bills 17, 45, 52, 62, 76, 85, 98.
    • [torn page]mittee on Claims, 28, 37, 62, 63, 75, 90.
    • [torn page]cial Committees 28, 31, 38, 39, 80.
    • [torn page]ect Committee 22, 57, 86, 96
    • [torn page]aj. W. A. Strong, Agent of Distilleries 34
    • Committee on Military Affairs 38, 73
    • Quartermaster General 86
    • Committee of Conference 51, 64
    • Committee on Lunatic Asylum 56
    • Committee on Distilleries 57
    • Special Committee 80
  • RESOLUTIONS--
    • 15, 21, 23, 30, 33, 41, 59, 61, 62, 74, 83, 84, 89, 90, 93.
  • SEAL, R., representative from Harrison--
    • bills introduced by, 31, 36
    • votes, 30, 42, 45, 48, 50, 51
  • SHELLY, W. B., representative from Itawamba--
    • bill introduced by, 80
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • SUTTON, B. F., representative from Rankin--
    • bills introduced by, 12, 20
    • votes, 30, 42, 45, 48, 50, 51, 68
  • STAPLES, W. C., representative from Choctaw--
    • votes, 30, 42, 45, 48, 50, 51, 68
  • SEAL, D. B, representative from Hancock--
    • votes, 30, 42, 45, 48, 50, 51
  • SESSIONS, A. M., representative from Holmes--
    • votes, 30, 42, 45, 48, 50, 51, 68, 78, 79, 82, 87, 88, 89, 93, 95.
  • TAYLOR, W. H., representative from Hinds--
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 87, 88, 89, 93, 95.
  • UPSHAW, E. W., representative from Marshall--
    • votes 42, 45, 48, 50, 51, 68, 73
  • WYNNE, R. E., representative from Yallabusha--
    • votes 30, 42, 45, 48, 50, 51, 68
  • WELLS, E. M., representative from Attala--
    • resolution offered by, 90
    • votes, 48, 50, 51, 68, 73, 79, 82, 87, 88, 89, 93, 94, 95.
  • YANDELL, B., representative from Yazoo--
    • bill introduced by, 14
    • resolution offered by, 30
    • votes, 30, 42, 45, 48, 50, 51, 68, 73, 78, 79, 82, 87, 88, 89, 93, 95.
  • YOUNG, SAM., representative from Attala--
    • bills introduced by, 24, 39, 85
    • votes, 30, 48, 50, 51, 68, 73, 78, 79, 87, 88, 89, 93, 95