Documenting the American South Logo
powered by google

Journal of the State Convention,
and Ordinances and Resolutions Adopted in March, 1861:

Electronic Edition.

Mississippi. Convention (1861)


Funding from the Institute of Museum and Library Services
supported the electronic publication of this title.


Text scanned (OCR) by Jason Befort
Images scanned by Jason Befort
Text encoded by Chris Hill and Natalia Smith
First edition, 1999
ca. 300 K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
1999.

        © This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.

Call number 1655 Conf. (Rare Book Collection, University of North Carolina at Chapel Hill)


Source Description:
(title page) Journal of the State Convention, and Ordinances and Resolutions Adopted in March, 1861.
Published by Order of the Convention.
104 p.
Jackson, Mississippi
E. Barksdale, State Printer
1861


        The electronic edition is a part of the UNC-CH digitization project, Documenting the American South.
        All marginal notes are placed before the relevant paragraph or section of the text.
        Any hyphens occurring in line breaks have been removed, and the trailing part of a word has been joined to the preceding line.
        All quotation marks, em dashes and ampersand have been transcribed as entity references.
        All double right and left quotation marks are encoded as " and " respectively.
        All single right and left quotation marks are encoded as ' and ' respectively.
        All em dashes are encoded as --
        Indentation in lines has not been preserved.
        Spell-check and verification made against printed text using Author/Editor (SoftQuad) and Microsoft Word spell check programs.

Library of Congress Subject Headings, 21st edition, 1998

Languages Used:

LC Subject Headings:


Revision History:


Cover


title
page


JOURNAL
OF THE
STATE CONVENTION,
AND
ORDINANCES AND RESOLUTIONS
ADOPTED IN MARCH, 1861.

Published by Order of the Convention.

JACKSON:
E. BARKSDALE, STATE PRINTER.
1861.


Page 3

JOURNAL
OF THE
MISSISSIPPI STATE CONVENTION.

MONDAY, MARCH 25, 1861.

        In obedience to the proclamation of the Hon. W. S. Barry, President of the Convention of the State of Mississippi, the Convention re-assembled at the Hall of the House of Representatives, in the city of Jackson, this day, at 12 O'clock, M., and was called to order by the President.

        Upon a call of the roll fifty-nine members answered to their names.

        A quorum being present, the Convention proceeded to business.

        The Convention being informed that F. A. Pope, Esq., the Secretary, was detained by sickness and would not be present.


Page 4

        Mr. Tison moved that the Convention go into a new election, and put in nomination W. W. Humphreys, of Columbus.

        Mr. Brooke nominated Mr. E. P. Russell, of Jackson.

        On motion of Mr. Dyer, the election was postponed until to-morrow.

        The President presented to the Convention the following communication from the Hon. Howell Cobb, President of the Convention of the Confederate States:

CONVENTION OF THE CONFEDERATE STATES OF AMERICA,
MONTGOMERY, ALABAMA,
March 12th, 1861.

HON. W. S. BARRY,
JACKSON, MISSISSIPPI:--

        SIR: I herewith transmit to you a certified copy of the Constitution of the Confederate States of America, as it was finally adopted by the unanimous vote of the Convention, to be placed before the Convention over which you preside for its approval and ratification.

        It will be seen that the Convention here have conformed to the general wish of the people of these States, in adopting a Constitution upon the general principles of the Constitution of the United States. The departures from the provisions of that instrument have been suggested by the experience of the past, and are intended to guard against the evils and dangers which led to the dissolution of the late Union. This Constitution is now submitted with confidence to the State Conventions for their action.

Respectfully,

HOWELL COBB,
President of Convention of C. S. A.


Page 5

CONSTITUTION
OF THE
CONFEDERATE STATES.

        We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal government, establish justice, insure domestic tranquility and secure the blessings of liberty to ourselves and to our posterity--invoking the favor and guidance of Almighty God--do ordain and establish this Constitution for the Confederate States of America.

ARTICLE I.

SECTION 1.

        All legislative powers herein delegated shall be vested in a Congress of the Confederate States, which shall consist of a Senate and House of Representatives.

SECTION 2.

        1. The House of Representatives shall be composed of members chosen every second year by the people of the seveeal States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications requisite for electors of the most numerous branch of the State Legislature; but no person of foreign birth, not a citizen of the Confederate States, shall be allowed to vote for any officer, civil or political, State or Federal.

        2. No person shall be a Representative, who shall not have attained the age of twenty-five years, and be a citizen of the Confederate States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.


Page 6

        3. Representatives and Direct Taxes shall be apportioned among the several States, which may be included within this Confederacy, accordiug to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all slaves. The actual enumeration shall be made within three years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they shall, by law, direct. The number of Representatives shall not exceed one for every fifty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of South Carolina shall be entitled to choose six-- the State of Georgia ten--the State of Alabama nine--the State of Florida two--the State of Mississippi seven--the State of Louisiana six, and the State of Texas six.

        4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

        5. The House of Representatives shall choose their speaker and officers; and shall have the sole power of impeachment; except that any judicial or other federal officer, resident and acting solely within the limits of any State, may be impeached by a vote of two-thirds of both branches of the Legislature thereof.

SECTION 3.

        1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature thereof, at the regular session next immediately preceding the commencement of the term of service; and each Senator shall have one vote.

        2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill all such vacancies.


Page 7

        3. No person shall be a Senator who shall not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.

        5. The Senate shall choose their other officers; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States.

        6. The Senate shall have the sole power to try impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the Confederate States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

        7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the Confederate States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.

SECTION 4.

        1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, subject to the provisons of this Constitution; but the Congress may, at any time, by law, make or alter such regulations, except as the times and places for choosing Senators.

        2. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day.

SECTION 5.

        1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

        2. Each House may determine the rules of its proceedings, punish its members for its disorderly behavior, and, with the concurrence of two-thirds of the whole number, expel a member.

        3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts


Page 8

as may in their judgment require secresy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fith of those present, be entered on the journal.

        4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

SECTION 6.

        1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony, and breach of peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

        2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Confederate States, which shall have been created, and the emoluments whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a member of either House during his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floor of each House, with the privilege of discussing any measures appertaining to his department.

SECTION 7.

        1. All bills for raisimg revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.

        2. Every bill which shall have passed boeh Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not. he shall return it with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the vote of


Page 9

both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return; in which case it shall not be a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations disapproved; and shall return a copy of such appropriations, with his objection, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the President.

        3. Every order, resolution or vote, to which the concurrence of both Houees may be necessary (except on a question of adjournment) shall be presented to the President of the Confederate States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be re-passed by two-thirds of both Houses according to the rules and limitations prescribed in case of a bill.

SECTION 8.

        The Congress shall have power--

        1. To lay and collect taxes, duties, imposts, and excises, for revenue necessary to pay the debts, provide for the commou defense, and carry on the government of the Confederate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts and excises shall be uniform throughout the Confederate States:

        2. To borrow money on the credit of the Confederate States:

        3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to faciliate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation, in all which cases, such duties shall be laid on :he navigation facilitated thereby, as may be necessrry to pay the costs and expense thereof:


Page 10

        4. To establish uniform laws of naturalization, and uniform laws ou the subject of bankruptcies, throughout the Confederate States, but no law of Congress shall discharge any debt contracted before the passage of the same:

        5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures:

        6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States:

        7. To establish postoffices and post routes; but the expenses of Postoffice Department, after the first day of March in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues:

        8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries:

        9. To constitute tribunals inferior to the Supreme Court:

        10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:

        11. To decclare war, grant letters of marque and reprisals, and make rules concerning captures on land and water:

        12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years:

        13. To provide and maintain a navy:

        14. To make rules for the government and regulation o the land and naval forces:

        15. To provide for calling forth the militia to execute the laws of the Confederate States, suppress insurrections, and repel invasions:

        16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the Confederate States; reserving to the States, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:

        17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the


Page 11

Confederate States; and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings : and

        18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the Confederate States, or in any department or officer thereof.

SECTION 9.

        1. The importation of negroes of the African race, from any foreign country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.

        2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belong to, this Confederacy.

        3. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

        4. No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves shall be passed.

        5. No capitation or other direct tax shall be laid, unless in porportion to the census or enumeration hereinbefore directed to be taken.

        6. Nor tax or duty shall be laid on articles exported from any State, except by a vote of two-thirds of both Houses.

        7. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of nother.

        8. No money shall be drawn from the treasury, but in consequence of appropriutions made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

        9. Congress shall appropriate no money from the treasury except by a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked and estimated for by some one of the heads of Department, and submitted to Congress by the President; or for the purpose of paying its own expenses and contingencies; or for the payment of claims against the Confederate States, the justice of which shall have been judicially declared by a tribunal for the investigation of claims against the government, which is hereby made the duty of Congress to establish.


Page 12

        10. All bills appropriating money shall specify in federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent or servant, after such contract shall have been made or such service rendered.

        11. No title of nobility shall be granted by the Confederate States; and no person holding any office of profit or trust under them, shall without the consent of the Congress accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State.

        12. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abriding the freedom of speech, or of the press; or the right of the people peaceably to assemble and petition the government for a redress of grievances.

        13. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

        14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war but in a manner to be prescribed by law.

        15. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        16. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

        17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for abtaining witnesses in his favor; and to have the assistance of counsel for his defence.


Page 13

        18. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise re-examined in any court of the Confederacy than according to the rules of the common law.

        19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.

        20. Every law or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.

SECTION 10.

        1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; make any but gold and silver coin a tender in payment of debts; pass any bill of attainuder, or ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.

        2. No State shall, without the consent of the Congress lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws and the nett produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the Confederate States; and all such laws be subject to the revision and control of Congress.

        3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any state keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof.

ARTICLE II.

SECTION I.

        1. The executive power shall be vested in a President of the Confederate States of America. He and the Vice-President shall hold their offices for the term of six years; but the President shall not be re-eligible. The President and Vice-President shall be elected as follows:


Page 14

        2. Each State shall appoint, iu such manner as the legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the Confederate States, shall be appointed an elector.

        3. The electors shall meet in their respective States and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the Confederate States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President, whener the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death, or other constitutional disability of the President.

        4. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such nnmber be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

        5. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the Confederate States.


Page 15

        6. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the Confederate states.

        7. No person except a natural-born citizen of the Confederate States, or a citizen thereof, at the time of the adoption of this Constitution, or a citizen thereof born in the United States prior to the 20th of December, 1860, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the limits of the Confederate States, as they may exist at the time of his election.

        8. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of removal, death, resignation, or inability both of the Presideut and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected.

        9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the Confederate States, or any of them.

        10. Before he enters on the execution of his office, he shall take the following oath or affirmation:

        "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Confederate States, and will to the best of my ability, preserve, protect, and defend the constitution, thereof."

SECTION 2.

        1. The President shall be commander in-chief of the army and navy of the Confederate States, and of the militia of the several States, when called into the actual service of the Confederate States; he may require the opinion in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the Confederate States, except in cases of impeachment.


Page 16

        2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint embassadors and other public ministers and consuls, Judges of the Supreme Court, and all other officers of the Confederate, States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law or in the heads of departments.

        3. The principal officer in each of the Executive Departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the Executive Department may be removed at any time by the President, or for dishonesty, incapatity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor.

        4. The President shall have power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session; but no person rejected by the Senate shall be re-appointed to the same office during the ensuing recess.

SECTION 3.

        1. The President shall, from time to time, give to the Congress information of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the Confederate States.

SECTION 4.

        1. The President, Vice-President, and all civil officers of the Confederate States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.


Page 17

ARTICLE III.

SECTION 1.

        1. The judicial power of the Confederate States shall he vested in one Supreme Court, and in such Inferior Courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

SECTION 2.

        1. The judicial power shall extend to all cases arising under this Constitution, the laws of the Confederate States, and treaties made or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Confederate States shall be a party; to controversies between two or more States; between a State and citizen of another State where the State is plaintiff; between citizens claiming lands under grants of different States; and between a State or the citizens thereof, and foreign States, citizens or subjects; but no State shall be sued by a citizen or subject of any foreign State.

        2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.

        3 The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

SECTION 3.

        1. Treason against the Confederate States shall consist only in, levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witness to the same overt act, or on confession in open court.

        2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.


Page 18

ARTICLE IV.

SECTION 1.

        1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

SECTION 2.

        1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property: and the right of property in said slaves shall not be thereby impaired.

        2. A person charged in any State with treason, felony, or other crime against the laws of such State, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having urisdiction of the crime.

        3. No slave or other person held to service or labor in any State or Territory of the Confederate States, under the laws thereof, escaping or lawfully carried into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor: but shall be delivered up on claim of the party to whom such slave belongs, or to whom such service or labor may be due.

SECTION 3.

        1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Senate voting by States; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress.

        2. The Congress shall have power to dispose of and make all needful rules and regulations concerning the property of the Confederate States, including the lands thereof.

        3. The Confederate States may acquire new territory; and Congress shall have power to legislate and provide governments for the inhabitants of all territory belonging to the Confederate States, lying without the limits of the several States; and may permit them, at such times, and in


Page 19

such manner as it may by law provide, to form States to be admitted into the Confederacy. In all such territory, the institution of negro slavery as it now exists in the Confederate States, shall be recognized and protected by Congress, and by the territorial government: and the inhabitants of the several Confederate States and Territories, shall have the right to take to such territory any slaves lawfully held by them in any of the States or territories of the Confederate States.

        4. The Confederate States shall guaranty to every State that now is or hereafter may become a member of this Confederacy, a republican form of government, and shall protect each of them against invasion; and on application of the legislature (or of the Executive when the legislature is not in session) against domestic violence.

ARTICLE V.

SECTION 1.

        1. Upon the demand of any three States, legally assembled in their several conventions, the Congress shall summon a convention of all the States, to take into consideration such amendments to the Constitution as the said States shall concur in suggesting at the time when the said demand is made; and should any of the proposed amendments to the Constitution be agreed on by the said convention--voting by States--and the same be ratified by the legislatures of two-thirds of the several States, or by conventions in two-thirds thereof--as the one or the other mode of ratification may be proposed by the general convention--they shall thenceforward form a part of this Constitution. But no State shall, without its consent, be deprived of its equal representation in the Senate.

ARTICLE VI.

        1. The Government established by this Constitution is the successor of the Provisional Government of the Confederate States of America, and all the laws passed by the latter shall continue in force until the same shall be repealed or modified; and all the officers appointed by the same shall remain in office until their successors are appointed and qualified, or the offices abolished.

        2. All debts contracted, and engagements entered into before the adoption of this Constitution shall be as valid against the Confederate States under this Constitution as under the Provisional Government.


Page 20

        3. This Constitution, and the laws of the Confederate States, made in pursuance thereof, and all treaties made, or which shall be made under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.

        4. The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the Confederate States, and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the Confederate States.

        5. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people of the several States.

        6. The powers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people thereof.

ARTICLE VII.

        1. The ratification of the conventions of five States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

        2. When five States shall have ratified this Constitution, in the manner before specified, the Congress under the Provisional Constitution, shall prescribe the time for holding the election of President and Vice-President; and, for the meeting of the Electoral College; and, for counting the votes, and inaugurating the President. They shall, also, prescribe the time for holding the first election of members of Congress under this Constitution, and the time for assembling the same. Until the assembling of such Congress, the Congress under the Provisional Constitution shall continue to exercise the legislative powers granted them; not extending beyond the time limited by the Constitution of the Provisional Government.



Page 21

        On motion of Mr. Harris, the Constitution accompanying the communication was referred to a select committee of five, and two hundred copies ordered to be printed for the use of the Convention.

        The President appointed as said committee Messrs. Glenn, Yerger, George, Jones and O. Davis.

        Mr. Smart offered the following resolution:

        Resolved, That the Military Board be and they are hereby authorized and empowered to transfer to the government of the Confederate States such of the Volunteer companies of this State as may be willing and consent to volunteer and enlist in the service of that government on the terms prescribed by it; and that such volunteers, without reference to the regimental districts defined by the Military Ordinance, shall be formed into battalions or regiments, and elect the field officers for such organizations.

        On his motion the resolution was referred to the Military committee.

        Mr. Rogers introduced a resolution in relation to the pay of certain military companies therein named for their services at Pensacola.

        On his motion, the resolution was adopted.

        Mr. George offered the following resolution:

        Resolved, That the special committee of five, to whom was referred the Permanent Constitution for the Confederate States of America, be instructed to report to this Convention at 10 o'clock to-morrow morning, an ordinance providing for the ratification of said Constitution by this body on behalf of the State of Mississippi.

        Mr. Clayton, of Lowndes, offered "An Ordinance to provide for the election of delegates by the people of the State of Mississippi, to ratify in convention a Constitution for a permanent government of the Confederate States of America, as an amendment by way of substitute for the resolution.

        Mr. Yerger offered, "An Ordinance to provide for the ratification or rejection of the Permanent Constitution by the people at the ballot box, and also for the ratification or rejection by the people of the ordinance proposed," as a substitute for the substitute offered by Mr. Clayton, of Lowndes.

        Mr. Glenn submitted an Ordinance entitled, "An Ordinance to adopt and ratify by this Convention the Permanent Constitution," as a substitute for the resolution and amendments proposed.

        Mr. Brooke offered the following resolution:


Page 22

        Resolved, That the committee to whom was referred the Permanent Constitution, adopted at Montgomery, be instructed to report an Ordinance referring said Constitution directly to the people at the ballot-box for ratification or rejection.

        On motion of Mr. Davis, of Tippah, the various propositions before the Convention were referred to the special committee of five on Permanent Constitution.

        On motion of Mr. Yerger, the vote referring the resolution offered by Mr. Smart to the Military committee was reconsidered.

        Mr. Yerger offered the following amendment to said resolution, which was adopted to-wit:

        And upon such transfer and entry into the service of the Confederate States, said volunteers shall be considered mustered out of, and discharged from military service under the Ordinance of this Convention authorizing the creation and organization of a Volunteer Division for the service of the State of Mississippi.

        Pending the adoption of the resolution as amended, the Convention adjourned until 10 o'clock, to-morrow morning.

TUESDAY, MARCH 26th, 1861.

        The Convention met pursuant to adjournment. The Journal of yesterday was read and approved.

        Mr. Brooke presented an Ordinance to repeal the Ordinance entitled an "Ordinance to regulate the Military System of the State of Mississippi," and an "Ordinance to raise means for the defense of the State."

        On his motion the Ordinance was laid on the table and two hundred copies ordered to be printed.

        The Convention proceeded to the consideration of the unfinished business, to-wit:

        The resolution offered by Mr. Brooke on yesterday, that the committee to which was referred the Permanent Constitution, adopted at Montgomery, be instructed to report an Ordinance referring said Constitution directly to the people, at the ballot-box, for ratification or rejection.


Page 23

        Mr. Glenn moved to lay the resolutiou on the table, which was decided in the negative by yeas and nays as follows:

        YEAS--Mr. President, Messrs. Baldwin, Backstrom, Booth, Berry, Catchings, O. Davis, Dease, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Jones, Keirn, Lea, Lamar, Lewis, McGhee, of Bolivar, Miller, of Tunica, Neely, Nelson, Orr, Semmes, Terral, Thompson, Vaughan, Witty, Wilkinson and Woods--37.

        NAYS--Messrs. Barksdale, Brooke, Beene, Blair, Bonds, Bullard, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis, Denson, Douglas, Edwards, Farrar, Flournoy, Fontaine, Gholson, Herring, Johnston, of De Soto, Keith, Kennedy, King, Lowers, McGhee, of Panola, Miller, of Pontotoc, Parker, Powell, of Jones, Rogers, Sanders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Wood, of Attala, Wright, Yerger and Young--40.

        Mr. Clayton, of Lowndes, offered an Ordinance as a substitute for the resolution offered by Mr. Brooke, entitled an Ordinance to provide for the election of delegates by the people of the State of Mississippi to ratify in Convention a Constitution for a permanent government of the Confederate States of America.

        On motion of Mr. Glenn, the substitute was laid on the table by yeas and nays as follows:

        YEAS--Mr. President, Messrs. Baldwin, Backstrom, Booth, Brooke, Blair, Berry, Catchings, Colbert, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, George, Glenn, Gwin, Harris, Hill, Holt, Hurst, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Lea, Lamar, Lewis, McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica, Neely, Nelson, Orr, Parker, Powell, of Jones, Semmes, Terral, Thompson, Vaughan, Witty, Wilkinson, and Woods--45.

        NAYS--Messrs. Anderson, Barksdale, Beene, Bonds, Bullard, Clayton, of Lowndes, Cummings, J. S. Davis, Edwards, Farrar, Flournoy, Fontaine, Gholson, Herring, King, Kennedy, Lewers, Miller, of Pontotoc, Rogers, Sanders, Sumner, Stephens, Tison, Taylor, Thornton, Winchester, Woods, of Attala, Wright, Yerger and Young--30.

        Pending further action on the resolution offered by Mr. Brooke, Mr. Glenn asked the unanimous consent of the Convention to make a report from the committee to whom


Page 24

was referred the Constitution of the Confederate States of America.

        Objections being made, the question was put to the Convention and decided in the affirmative.

        Mr. Glenn then submitted the following report:

MR. PRESIDENT:--

        The committee to whom was referred the Constitution of the Confederate States of America, have had the same under consideration and have instructed me to report an Ordinance providing for the adoption and ratification by the State of Mississippi, acting in its sovereign and independent character, the Constitution adopted by the Congress at Montgomery, in the State of Alabama, in the year of our Lord, 1861, and to recommend its passage.


        Mr. Yerger, from the same committee, made a minority report, and with his report, "an Ordinance to provide for the ratification or rejection of the Permanent Constitution, by the people at the ballot-box; and, also, for the ratification or rejection, by the people, at the ballot-box, of the Ordinance proposed."

        On motion of Mr. Wood, of Attala, the majority report was received.

        Question on agreeing, Mr. Wood, of Attala, offered "an Ordinance to provide for submitting the permanent Constitution of the Confederate States of America, to the people of the State of Mississippi," as a substitute for the Ordinance reported by the majority committee.

        Pending further action, on motion, the Convention adjourned until 3 o'clock P. M.

THREE O'CLOCK, P.M.

        The Convention met pursuant to adjournment.

        The President announced that he had received from Mr. F. A. Pope his resignation as secretary of the Convention.

        The resignation was received, and, on motion of Mr. Glenn, the Convention proceeded to the election of a secretary to fill the vacancy.

        On his further motion, Mr. E. P. Russell, of Jackson, was elected secretary by acclamation.

        On motion of Mr. Brooke, the Ordinance to repeal an Ordinance entitled, "An Ordinance to regulate the military


Page 25

system of the State of Mississippi," and an "Ordinance to raise means for the defense of the State," was called from the table, and on motion of Mr. Holt, was referred to the military committee.

        The Convention resumed the consideration of the unfinished business pending the adjournment, to-wit:

        The Ordinance offered by Mr. Wood, of Attala, as a substitute for the Ordinance reported by the majority committee on the permanent Constitution.

        Pending the action, on motion, the Convention adjourned until 10 o'clock, to-morrow morning.

WEDNESDAY, MARCH 27th, 1861.

        The Convention met pursuant to adjournment.

        The Journal of yesterday was read and approved.

        The President presented to the Convention the following communications from the Hon. W. S. Wilson and Jas. S. Johnston, to-wit:

PORT GIBSON, March 22d, 1861.

HON. W. S. BARRY,
President of the Convention:--

        Sir: As it is very doubtful whether I should be able to attend the adjourned session of the Congress, at Montgomery, in May, I have felt it to be my duty to tender the resignation of my seat. Will you be good enough to make this known to the Convention, and to express to them my appreciation of the honor which was done me by the appointment.

Very respectfully yours, &c.,

W. S. WILSON.


CHURCH HILL, March 24th, 1861.

HON. W. S. BARRY,
President of the Convention:--

        Dear Sir: I deeply regret to say that in consequence of the severe and continued illness of my wife, and upon consultation with her medical adviser, I shall be under the painful necessity of absenting myself from the sittings of the approaching Convention. Nothing, I assure you, but a distressing domestic affliction, would be permitted to detain


Page 26

me from my seat. Perceiving no prospect of any such early or material improvement in the condition of my wife's health as would justify me in leaving home for any length of time, I deem it my duty to resign the seat in your body with which I have been honored by the people of Jefferson.

Very respectfully your obedient servant,

JAS. S. JOHNSTON.


        On motion of Mr. Glenn, the communications were received and laid on the table.

        On his further motion, the regular business was suspended to enable him to introduce an Ordinance to authorize the entry and sale of waste and unappropriated lands in the State of Mississippi.

        The Ordinance was read the first time and second time, and on motion of Mr. O. Davis, was referred to a select committee of three, composed of Messrs. Glenn, O. Davis and Yerger.

        The President appointed Messrs. Orr and Winchester to fill the vacancies on the military committee.

        Mr. Brooke introduced an Ordinance in relation to Foreign Insurance companies, which was read the first time.

        On his motion the rule was suspended and the Ordinance adopted.

        The Convention proceeded to the consideration of the unfinished business, to-wit:

        The amendment offered by Mr. Wood of Attala, by way of substitute for the Ordinance reported by the select committee to whom was referred the Constitution of the Confederate States, adopted by the Congress, at Montgomery, Alabama.

        Mr. Fontaine offered an amendment to the amendment as a substitute, entitled, "An Ordinance to provide for the assembling of a convention of the people of Mississippi to ratify the permanent Constitution of the Confederate States.

        Pending the question on the amendment to the amendment, on motion of Mr. Glenn, the Convention adjourned until 3 o'clock, P. M.

        Mr. Clayton, of Lowndes, being entitled to the floor.

THREE O'CLOCK, P. M.

        The Convention met pursuant to adjournment.

        On motion of Mr. Dyer,


Page 27

        Resolved, That the President of this Convention be, and he is hereby requested to have a Confederate Flag made and hoisted.

        Mr. Barksdale, from the committee on enrolled Ordinances, made the following report:

MR. PRESIDENT:--

        The committee on Enrolled Ordinances have this day examined, an Ordinance to revise and amend the law in relation to Foreign Insurance Companies. Also, a resolution in relation to certain volunteer companies therein named, and found the same correctly enrolled.


        The Convention resumed the consideration of the unfinished business pending the adjournment, to-wit:

        The report of the committee on the permanent Constitution, adopted at Montgomery.

        The question being on the adoption of the amendment offered by Mr. Fontaine, as a substitute for the amendment offered by Mr. Wood, of Attala.

        Pending the question, on motion the Convention adjourned until eight o'clock, P. M.

        Mr. Harris being entitled to the floor.

EIGHT O'CLOCK, P. M.

        The Convention met pursuant to adjournment.

        On motion of Mr. Flourney,

        Resolved, That the debate on the various matters proposed for the ratification of the Constitution adopted at Montgomery, be closed at one o'clock, to-morrow, and that the Convention then proceed to take a vote.

        The Convention resumed the consideration of the unfinished business, pending the adjournment, to-wit:

        The report of the select committee of five on the permanent Constitution.

        The question being on the adoption of the amendment of Mr. Fontaine, as a substitute for the amendment of Mr. Wood, of Attala.

        Pending the question, on motion of Mr. Clayton, of Marshall, the Convention adjourned until 9 o'clock, to-morrow morning.

        Mr. Wright being entitled to the floor.


Page 28

THURSDAY, MARCH 28th, 1861.

        The Convention met pursuant to adjournment.

        The Journal of yesterday was read and approved.

        The Convention resumed the consideration of the unfinished business, pending the adjournment, to-wit:

        The report of the select committee of five on the permanent Constitution.

        The question being on the adoption of the amendment of Mr. Fontaine, as a substitute for the amendment of Mr. Wood, of Attala.

        On motion of Mr. Clapp, the further consideration of the unfinished business was suspended to enable him to introduce the following resolution:

        Resolved, That the resolution adopted on yesterday, "that the debate on the various matters proposed for the ratification of the Constitution be closed at one o'clock, to-day," be and the same is hereby rescinded.

        On his further motion, the resolution was adopted.

        The Convention again resumed the consideration of the unfinished business.

        Pending further action, on motion of Mr. Wright, the Convention adjourned until 3 o'clock, P. M.

        Mr. Rogers being entitled to the floor.

THREE O'CLOCK, P. M.

        The Convention met pursuant to adjournment.

        Mr. Glenn from the select committee to whom was referred an Ordinance to authorize the entry and sale of waste and unappropriated lands in the State of Mississippi, reported the same back to the Convention with amendments and recommended its passage as amended, which was received and agreed to, and the Ordinance as amended read the first time.

        On his motion, the rule was suspended and the Ordinance passed as amended.

        Mr. Glenn, by leave, introduced an Ordinance in relation to the Land Office, at Paulding, in Jasper county, which was read the first time and laid on the table.

        Mr. Bullard offered the following resolutions, which were unanimously adopted. to-wit:

        Resolved, by the People of Mississippi in Convention assembled,


Page 29

That the prompt response of the gallant Mississippi Volunteers to the call of the President of the Confederate States, deserves the highest commendation of the Convention, and gives the strongest assurance of attachment of the people of Mississippi to the common cause.

        2d. That the Convention deems it proper to convey to the Volunteers the assurance that Mississippi will promptly attach herself to the Confederacy to whose standard her citizen soldiers are rallying.

        3d. That the President of this Convention Telegraph these resolutions to the officers in command of the Volunteers at Mobile, and request him to cause them to be read at the heads of companies.

        On motion of Mr. Deason,

        Resolved, That a committee of three be appointed to take into consideration the propriety of purchasing a sufficient quantity of corn for the poor of the different counties of this State, and report by resolution or otherwise.

        The President appointed as said committee, Messrs. Deason, Taylor and Harris.

        Mr. Glenn introduced the following resolution:

        WHEREAS, reliable and satisfactory information has been laid before this Convention that many members of the bar, and many suitors in the courts of this State, are now absent in the service of the Confederate States; therefore be it

        Resolved, by the Convention of the people of Mississippi, That the judges of the various circuit courts of this State, as well as the justices of the peace, be and they are hereby earnestly requested and recommended as well as authorized to suspend the sessions of their tribunals as to the trial of civil and chancery cases in court, during the spring and summer of the present year; provided, that such courts shall proceed to the trial of all criminal causes in said courts according to the due course of law.

        On his motion the resolution was laid on the table for the present.

        The Convention resumed the consideration of the unfinished business pending the adjournment, to-wit:

        The report of the select committee of five on the permanent Constitution.

        The question being on the adoption of the amendment of Mr. Fontaine as a substitute for the amendment of Mr. Wood, of Attala, to the report of said committee.


Page 30

        Pending the question, on motion of Mr. Flourney the Convention adjourned until 8 o'clock, P. M.

EIGHT O'CLOCK, P. M.

        The Convention met pursuant to adjournment.

        Mr. George, by leave, introduced an Ordinance in relation to judgments and decrees heretofore rendered, and suits pending in the Federal courts lately existing in this State and the records thereof, which was read the first time, and, on his motion laid on the table and two hundred copies ordered to be printed.

        On motion of Mr. Jones, of Sunflower,

        Resolved, That the debate on the permanent Constitution of the Confederate States shall close, and a vote be taken on the questions involved, at or before the hour of 10 o'clock, A. M., to-morrow, the 29th inst., and that no further postponement be allowed.

        Mr. Fontaine, from the military committee made the following report:

MR. PRESIDENT:--

        The military committee to whom was referred an Ordinance to repeal an Ordinance to regulate the military system of the State, have had the same under consideration, and have instructed me to report it back to the Convention with a recommendation that it do not pass.


        On his motion the report was received and agreed to

        Mr. Barksdale from the committee on enrolled Ordinances made the following report:

MR. PRESIDENT:--

        The committee on enrolled Ordinances have examined an Ordinance to authorize the entry and sale of waste and unappropriated lands in the State of Mississippi; also, resolutions in relation to the Mississippi Volunteers, and found the same correctly enrolled.


        The Convention resumed the consideration of the unfinished business, to-wit:

        The report of the select committee of five on the permanent Constitution.


Page 31

        The question being on the adoption of the amendment of Mr. Fontaine, as a substitute for the amendment of Mr. Wood, of Attala, to the report of said committee.

        Pending the question, Mr. Gholson moved that the Convention adjourn until 9 o'clock, to-morrow morning.

        Pending the motion to adjourn, Mr. J. S. Davis, by leave offered the following resolution:

        Resolved, That this Convention adjourn, sine die, on Saturday the 30th inst., at 6 o'clock, P. M.

        Mr. Gholson moved to lay the resolution on the table.

        Pending the motion the Convention adjourned until nine o'clock, to-morrow morning.

FRIDAY, MARCH 29th, 1861.

        The Convention met pursuant to adjournment.

        The Journal of yesterday was read and approved.

        The President presented to the Convention the following communication from the Governor:

EXECUTIVE OFFICE, Jackson, March 28th, 1861.

HON. W. S. BARRY,
President of the Convention:--

        Sir: I would, through you, respectfully call the attention of the Convention to the distressing condition of a large portion of the people of the central counties of this State, from Leake and Attala to the sea shore. The excessive drought of last summer ruined their crops, both corn and cotton, and a considerable number of the people of that district have not corn enough to enable them to live, and are without the means or credit to purchase bread.

        Knowing that it is only necessary for these facts to be presented to the Convention to induce them to extend to the destitute the aid required. I have deemed it my duty to ask an investigation of the matter, and if the facts are as I am informed and believe, I regard them as sufficient to warrant me in invoking the full power of the State to apply the remedy, and to effect that I would respectfully submit the following suggestions: First, that extraordinary powers given to the Boards of Police of such counties as are


Page 32

destitute of corn, to use all county funds, school funds, &c., which may be under their control, for the purchase of corn, to be loaned to those who are unable to buy. Second, that they be empowered to issue scrip bearing such rate of interest as will enable them to dispose of it for the amount of funds required. Third, that the State advance to said counties as a loan in Treasury notes, or money, a sum sufficient to relieve their distress and drive hunger from their doors. The proposition is not debateable that all the powers and resources of the State must be exhausted, before Mississippians are permitted to starve.

        I would ask leave further to represent through you to the Convention, that arms, ammunition, tents, clothing, &c., were purchased in Mobile, for Mississippi troops, sent to Pensacola, in January last, which added to the other expenses exceeds by several thousand dollars the appropriation made by the Convention for their support.

        A further appropriation of four or five thousand dollars will be necessary to settle the account of the Quarter-Master General, of the State of Mississippi.

        The six twenty-four pounder guns, and the ammunition for the same, and a large portion of the other arms, received by me from the State of Louisiana, might be turned over to the Confederate States.

        Three thousand of the muskets will be required to arm the troops of Mississippi: a considerable number of them have already been distributed to Volunteer Companies.

Very respectfully,

JOHN J. PETTUS.


        On motion of Mr. Orr, the communication was referred to the select committee, raised on yesterday, under the resolution offered by Mr. Deason.

        On motion of Mr. King, the unfinished business pending before the Convention, was suspended to enable him to introduce an Ordinance with the following title.

        An Ordinance supplemental to an Ordinance entitled, an Ordinance to raise means for the defense of the State, adopted, the 26th day of January, A. D. 1861, which was read the first time.

        On his motion, the rule was suspended and the Ordinance adopted.

        The Convention then resumed the consideration of the unfinished business, to-wit:

        The report of the majority committee of five on the permanent Constitution.


Page 33

        The question being on the adoption of the amendment of Mr. Fontaine as a substitute for the amendment of Mr. Wood, of Attala, as a substitute for the Ordinance reported by the Committee.

        The discussion being ended, the Convention proceeded to take the vote.

        The question was first taken on the adoption of Mr. Fontaine's amendment, as a substitute for the amendment of Mr. Wood, of Attala, and decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Anderson, Aldridge, Barksdale, Beene, Bonds. Clayton, of Lowndes, Cummings, J. S. Davis, Denson, Flourney, Fontaine, Gholson, Herring, Keith, King, Marshall, Miller, of Pontotoc, Rogers, Reynolds, Sanders, Smart, Stephens, Tison, Taylor, Wood, of Attala, Yerger and Young--28.

        NAYS--Mr. President, Messrs. Baldwin, Backstrom, Booth, Brantley, Brooke, Blair, Berry, Ballard, Bookter, Clayton, of Marshall, Catchings, Colbert, Clapp, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, Farrar, Fizer, George, Glenn, Gibson, Gwin, Harris, Hill, Holt, Isom, Johnson, of De Soto, Jones, Keirn, Kennedy, Lea, Lamar, Lewers, Lewis, McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of Covington, Powell, of Jones, Semmes, Terral, Thompson, Vaughn, Witty, Winchester, Wilkinson, Woods and Wright--57.

        Mr. Gholson offered an amendment as a substitute for the amendment of Mr. Wood, of Attala, entitled, "an Ordinance to provide for the ratification by the people of the State of Mississippi, the Constitution of the Confederate States of America, adopted, by the Congress of the Confederate States of America, March 11th, 1861."

        Mr. Gholson moved the adoption of his amendment which was decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Aldridge, Barksdale, Brooke, Beene, Blair, Bonds, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis, Farrar, Flourney, Fontaine, Gholson, Herring, King, Lewers, Marshall, Miller, of Pontotoc, Powell of Jones, Rogers, Reynolds, Sanders, Smart, Sumner, Stephens, Tison, Taylor, Winchester, Wright, Yerger and Young--32.

        NAYS--Mr. President, Messrs. Anderson, Baldwin, Backstrom,


Page 34

Booth, Brantley, Berry, Bullard, Bookter, Clayton, of Marshall, Catchings, Clapp, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, Edwards, Fizer, George, Glenn, Gibson, Gwin, Harris, Hill, Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewis, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of Covington, Semmes, Terral, Thompson, Vaughn, Witty, Wilkinson, Woods, Wood of Attala--53[.]

        The question was then taken on the adoption of the amendment of Mr. Wood, of Attala, to the report of the majority committee, and decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Barksdale, Blair, Bonds, Clayton, of Lowndes, Cummings, Colbert, J. S. Davis, Denson, Farrar, Gholson, Herring, King, Marshall, Rogers, Reynolds, Sumner, Stephens, Taylor, Winchester, Wood, of Attala, Wright, Yerger and Young--23.

        NAYS--Mr. President, Messrs. Anderson, Baldwin, Backstrom, Booth, Brantly, Brooke, Beene, Berry, Bullard, Bookter, Clayton, of Marshall, Catchings, Clapp, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, Fizer, Fontaine, George, Glenn, Gibson, Gwin, Harris, Hill, Holt, Isom, Johnston, of DeSoto, Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewis, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of Covington, Semmes, Terral, Tison, Thompson, Vaughan, Witty, Wilkinson and Woods--56.

        Mr. Yerger then moved the adoption of the Ordinance reported by him as the minority of the committee as a substitute for the Ordinance reported by the majority, which was decided in the negative by yeas and nays as follows:

        YEAS--Messrs. Blair, Bonds, Cummings, Gholson, Herring, Marshall, Reynolds, Sanders, Sumner, Stephens, Taylor, Yerger and Young--13.

        NAYS--Mr. President, Messrs. Anderson, Aldridge, Barksdale, Baldwin, Backstrom, Booth, Brantley, Brooke, Beene, Berry, Bullard, Bookter, Clayton, of Marshall, Clayton, of Lowndes, Catchings, Colbert, Clapp, O. Davis, J. S. Davis, Dease, Douglas, Dyer, Deason, Eckford, Farrar, Fizer, Fontaine,


Page 35

Glenn, Gibson, Gwin, Harris, Hill, Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, King, Lea, Lamar, Lowers, Lewis, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of Covington, Powell, of Jones, Rogers, Semmes, Terral, Tison, Thompson, Vaughn, Witty, Winchester, Wilkinson, Woods and Wright--66.

        Mr. Rogers offered an Ordinance entitled, an Ordinance to ratify the Constitution of the Confederate States of America, adopted, March 11th, 1861, as a substitute for the report of the majority committee.

        On motion of Mr. Clapp the amendment was laid on the table, upon a call of the yeas and nays, as follows:

        YEAS--Mr. President, Messrs. Anderson, Baldwin, Backstrom, Booth, Brantley, Berry, Bullard, Bookter, Clayton, of Marshall, Clayton, of Lowndes, Catchings, Clapp, O. Davis, Dease, Douglas, Dyer, Deason, Eckford, Farrar, Fizer, Fontaine, George, Glenn, Gibson, Gwin, Hill, Holt, Isom, Jones, Keirn, Keith, Lea, Lamar, Lewis, Mayson, McGhee, of Bolivar, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Pattison, Powell, of Covington, Powell, of Jones, Semmes, Terral, Thompson, Vaughn, Witty, Winchester, Wilkinson and Woods--53.

        NAYS--Messrs. Beene, Blair, Bonds, Cummings, Colbert, J. S. Davis, Denson, Flournoy, Gholson, Herring, Johnston, of De Soto, Kennedy, King, Lewers, Marshall, McGhee, of Panola, Rogers, Reynolds, Sanders, Sumner, Stephens, Tison, Taylor, Wood, of Attala, Wright, Yerger and Young--27.

        No other amendments being offered, on motion of Mr. Glenn, the report of the majority committee was agreed to.

        Mr. Glenn moved that the Ordinance reported by the committee be considered as engrossed and put upon its passage, which was decided in the affirmative.

        The question was then taken on the passage of the Ordinance and decided in the affirmative, by yeas and nays as follows:

        YEAS--Mr. President, Messrs. Anderson, Aldridge, Barksdale, Baldwin, Backstrom, Booth, Brantley, Brooke, Beene, Blair, Berry, Bonds, Bullard, Bookter, Clayton, of Marshall, Clayton, of Lowndes, Catchings, Colbert, Clapp, O. Davis, J. S. Davis, Dease, Denson, Douglas, Dyer, Deason, Eckford, Edwards, Farrar, Fizer, Fontaine, George, Glenn, Gibson,


Page 36

Gholson, Gwin, Harris, Herring, Hill, Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, King, Lea, Lamar, Lewers, Lewis, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Parker, Pattison, Powell, of Covington, Powell, of Jones, Rogers, Semmes, Smart, Terral, Tison, Taylor, Thompson, Vaughn, Witty, Winchester, Wilkinson, Woods, Wright and Young--78.

        NAYS--Messrs. Cummings, Marshall, Reynolds, Sanders, Stephens, Wood, of Attala, and Yerger--7.

        Ordered that the title stand as stated.

        On motion of Mr. Brooke, the President was requested to telegraph the action of the Convention upon the ratification of the Constitution, to Major General Charles Clark, at Mobile, President Jefferson Davis and Hon. ---- Jameson, President of the Convention of the State of South Carolina.

        Previous to the Convention proceeding to take the vote upon the various propositions submitted for the ratification of the Constitution, Mr. Glenn stated that Mr. Hurst and Mr. Parker had agreed to pair off, and not vote upon any of the propositions, except the Ordinance reported by the majority committee.

        The President communicated to the Convention a dispatch from Major General Charles Clark, at Mobile, that the resolutions of the Convention, in relation to the Mississippi Volunteers had been received and would be read to the troops.

        Mr. Barksdale from the committee on Enrolled Ordinances reported that they had examined an Ordinance supplemental to an Ordinance entitled, an Ordinance to raise means for the defense of the State, adopted the 26th day of January, A. D. 1861; An Ordinance to adopt and ratify the Constitution, adopted by the Convention, at Montgomery, Alabama, and found the same correctly enrolled.

        On motion of Mr. Jones, of Sunflower, the Convention adjourned until three o'clock, P. M.

THREE O' CLOCK, P.M.

        The Convention met pursuant to adjournment.

        Mr. Clapp offered the following resolution which was adopted:


Page 37

        Resolved, That the President of the Convention be and he is hereby instructed upon the final adjournment of this body, to issue certificates in favor of Hons. H. W. Walter, Samuel Benton, James R. Chalmers and Israel Welsh, for such sums respectively as their mileage and per diem, during the present called session would amount to, they being delegates to this Convention, whose absence is occasioned by their respose to the call of the State Executive for volunteer troops, to be placed at the disposal of the Government of the Confederate States.

        Leave of absence was granted Mr. Yerger.

        Mr. Holt presented resolutions authorizing the Governor to loan to the several counties, deficient in a supply of corn, a sufficient amount in Treasury notes to meet their actual necessities under certain provisions therein mentioned.

        On his motion the resolutions were referred to the committee raised on yesterday upon the same subject.

        Mr. Gholson offered the following resolution, and moved its adoption, to-wit:

        Resolved, That a committee of ---- be appointed with instructions to report an Ordinance to divide the State of Mississippi into seven Congressional districts.

        The question was taken on the adoption of the resolution and decided in the negative.

        On motion of Mr. Glenn, the resolution authorizing the judges of the various circuit courts of this State, as well as the justices of the peace to suspend the sessions of their tribunals as to the trial of civil and chancery cases in court during the spring and summer of the present year, was called from the table.

        Mr. Orr offered the following amendment as a substitute for the resolution:

        Resolved, That the resolution be referred to a committee of five, with instructions to inquire into the expediency of suspending the enforcement of decrees, judgments, executions, mortgages and deeds of trust for nine months.

        Mr. Anderson moved to lay the original resolution on the table, which was lost.

        Mr. Orr, by leave of the Convention, withdrew his amendment.

        The question was then taken on the, adoption of Mr. Glenn's resolution and decided in the negative, by yea and nays as follows:

        YEAS--Messrs. Brantly, Brooke, Blair, Colbert, Denson,


Page 38

Deason, Flourney, Gholson, Harris, Keith, King, McGhee, of Bolivar, Miller, of Pontotoc, Miller of Tunica, Neely, Orr, Parker and Vaughn--19[.]

        NAYS--Mr. President, Messrs. Anderson, Aldridge, Barksdale, Baldwin, Backstrom, Booth, Beene, Bonds, Bullard. Clayton, of Lowndes, Cummings, Clapp, O. Davis, Dease, Dyer Eckford, George, Gibson, Gwin, Holt, Johnston, of De Soto, Jones, Keirn, Kennedy, Lea, Lewers, Lamar, Lewis, Marshall, Mayson, McGhee, of Panola, Nelson, Pattison, Reynolds, Sanders, Semmes, Sumner, Stephens, Tison, Taylor, Thompson, Witty, Wilkinson, Woods, Wright, and Young--46.

        Mr. Fontaine introduced an Ordinance to suspend actions for the collection of certain debts, which was read the first and second times under a suspension of the rule.

        Mr. Brooke offered the following amendment, which was adopted, to-wit:

        Provided, That no merchant who avails himself of the benefits of this Ordinance shall be permitted to dun or sue a customer for any debt for goods purchased or bought from creditor whose debt he seeks to avoid.

        On motion of Mr. O. Davis, the Ordinance and amendment was laid on the table.

        Mr. Deason from the committee of three, to whom was referred a resolution in relation to reporting an Ordinance for the relief of the poor of the State, reported an Ordinance entitled, "an Ordinance to relieve the destitution of the people of the State of Mississippi," with a recommendation that it do pass, which was received and agreed to and the Ordinance read the first time.

        On his motion the rule was suspended and the Ordinance read a second time.

        Mr. Harris offered the following amendment which was adopted, to-wit:

        That the Boards of Police of the several counties who may receive money under this Ordinance, be and they are hereby authorized and required to levy a special tax for the payment of the same.

        Mr. Aldridge moved to amend by striking out the third section, which was lost.

        On motion of Mr. Clapp the Ordinance was recommitted to the same committee.

        On motion of Mr. Dease, Mr. Clapp was added to the committee.


Page 39

        Mr. Aldridge introduced an Ordinance in relation to lands in the State of Mississippi, belonging to Indian orphans, which was read the time.

        On his motion the rule was suspended and the Ordinance adopted.

        Mr. Glenn offered the following resolutions which were adopted, to-wit:

        Resolved, That E. P. Russell, Secretary of the Convention, be allowed the sum of fifty dollars, for services rendered in revising and correcting the journals of the Convention held in January last, to be paid for out of any money in the Treasury not otherwise appropriated on the warrant of the Auditor of Public Accounts.

        Resolved, further, That he be allowed three days after the adjournment of the Convention to complete the duties assigned him, and that he be allowed the compensation fixed by law, to be paid for out of any money in the Treasury not otherwise appropriated, on the warrant of the Auditor of Public Accounts.

        Mr. O. Davis introduced an Ordinance to confer certain powers on the Legislature, which was read the first time.

        On motion of Mr. Anderson the Ordinance was laid on the table.

        On motion of Mr. George,

        Resolved, That the committee on the State Constitution be instructed to inquire into the expediency of requiring all State, County and District Officers of this State, and all members of the bar, to take an oath to support the Constitution of the Confederate States of America, and that they report by Ordinance or otherwise.

        Mr. Dyer introduced an Ordinance to amend an Ordinance entitled, an Ordinance to amend the Constitution of this State in certain particulars, adopted, January 26, 1861, which was read a first and second time under a suspension of the rule, and, on motion of Mr. Stephens referred to the committee on State Constitution.

        On motion of Mr. Jones, of Sunflower, the Convention adjourned until nine o'clock to-morrow morning.

SATURDAY, MARCH 30th, 1861.

        The Convention met pursuant to adjournment.

        The Journal of yesterday was read and approved.


Page 40

        Mr. Barksdale made the following report:

MR. PRESIDENT:--

        The committee on Enrolled Ordinances have examined and found correctly enrolled, an Ordinance in relation to lands in the State of Mississippi belonging to Indian Orphans; Also, resolutions in relation to the Secretary of the Convention.


        Leave of absence was granted Messrs. Backstrom, Bullard and Denson.

        Mr. Brooke introduced an Ordinance in reference to the Marine Hospital, at Vicksburg, which was read the first and second time under a suspension of the rule.

        On his motion the Ordinance was considered as engrossed read the third time and passed, with title as stated.

        Mr. Miller from the committee on State Constitution reported an Ordinance to amend the constitution of the State of Mississippi, in several particulars, and recommended its passage, which was received and agreed to, and the Ordinance read the first and second times under a suspension of the rule.

        On his motion the Ordinance was considered as engrossed, read the third time and passed, with title as stated.

        Mr. Orr introduced an Ordinance to amend an Ordinance entitled, an Ordinance to regulate the Military system of the State of Mississippi, which was read the first and second time under a suspension of the rule.

        On his motion, the rule was further suspended and the Ordinance read a third time.

        The question was then taken on the passage of the Ordinance and decided in the negative.

        Mr. Clapp from the select committee to whom was referred a resolution in relation to the destitution of the poor in certain portions of the State, reported an Ordinance for the relief of certain counties of this State and recommended its passage, which was received and agreed to, and the Ordinance read the first time.

        On his motion the rule was suspended and the Ordinance read the second time.

        On his further motion the Ordinance was considered as engrossed and read the third time.

        The question was then taken on the passage of the Ordinance and decided in the affirmative upon a call of the yeas and nays as follows:


Page 41

        YEAS--Mr. President, Messrs. Barksdale, Baldwin, Booth, Brantley, Brooke, Bonds, Bookter, Clayton, of Marshall, Catchings, Clapp, O. Davis, Dease, Denson, Douglas, Dyer, Deason, Eckford, George, Glenn, Gibson, Gholson, Gwin, Harris, Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewers, Mayson, McGhee, of Bolivar, McGhee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Orr, Parker, Powell, of Covington, Powell, of Jones, Rogers, Sanders, Stephens, Terral, Taylor, Thompson, Witty, Woods, Wood, of Attala, Wright and Young--56.

        NAYS--Messrs. Backstrom, Beene, Clayton, of Lowndes, Colbert, Fontaine, Sumner and Tison--7.

        On motion of Mr. Clapp, so much of the communication from the Governor, received on yesterday, as relates to Military affairs, was referred to the Military committee.

        Mr. Harris introduced an Ordinance to alter and modify the Ordinance entitled an Ordinance concerning the jurisdiction and property of the United States of America in the State of Mississippi, which was read a first and second time under a suspension of the rule.

        On his motion the rule was further suspended, the Ordinance considered as engrossed and read the third time.

        The question was then taken on the passage of the Ordinance and decided in the affirmative.

        On motion of Mr. George, the Ordinance in relation to judgments and decrees heretofore rendered, and suits pending in the United States Court, lately existing in this State and the records thereof, was called up and read the second time.

        On motion of Mr. O. Davis the Ordinance was laid on the table.

        Mr. Glenn introduced an Ordinance to provide for the appointment of electors of President and Vice President of the Confederate States, which was read the first time.

        On his motion the rule was suspended and the Ordinance read the second time.

        On his further motion the Ordinance was considered as engrossed, read the third time and passed, with title as stated.

        Mr. Gibson introduced an Ordinance for the regulation of the militia of the State, which was read the first time and, on motion of Mr. Tison, laid on the table.

        Mr. Jones, of Sunflower, introduced an Ordinance authorizing


Page 42

the investment of trust funds in the public securities of the State of Mississippi, or of the Confederate States, which was read the first and second times under a suspension of the rule.

        On motion of Mr. Fontaine the Ordinance was laid on the table.

        The chairman, Mr. Gholson, presented the following communication:

JACKSON, MISSISSIPPI, March 30th, 1861.

HON. W. S. BARRY,

        Sir: Enclosed in parcel please find an enlarged photograph of the State Seal, or Coat of Arms. Knowing that it was not adopted and that it perhaps would be forgot, I take the liberty of sending it to you for the inspection of the Convention, with a description or explanation of the same. All of which is respectfully submitted,

M. L. CARLISLE.


        The Magnolia represents the beauty of the State in which the bird of liberty has chosen to build her nest, and rear her young. The nest is cautiously approached by a serpent, which, without molestation has been tolerated to obtain a position whereby he imagines to make an easy conquest of his prey, and is in the attitude of striking the fatal blow, when the mother, ever watchful, and seeing the actual danger of her young, seizes the serpent in her talons. The serpent being represented as writhing in the agonies of death--a just retribution for his temerity. And so with the South; she had tolerated the serpent until it became dangerous to her peace and prosperity, when her future safety prompted the fatal blow that leaves him powerless in her grasp.

        The cotton, the plow and steamer represents wealth, agriculture and commerce, while the citizen soldier, arms and fortifications represent our defences.

        Mr. Orr offered the following resolution, which was adopted, to-wit:

        Resolved, That the State of Mississippi hereby subscribes for five hundred copies of the proceedings, debates, etc., of the first session of this Convention, as published by J. L. Power; provided, that be add thereto the proceedings and Ordinances of this session, and the debates in full on the ratification of the permanent Constitution of the Confederate States of America. And, provided further, That the cost of each volume shall not exceed one dollar and fifty cents; and when the said work is published, one copy


Page 43

shall be sent to each member of this Convention, and the balance delivered to the Secretary of State, fifty copies to be preserved in his office, and the balance to be distributed among the several courts of this State, and on the certificate of the Secretary of State that the terms of this resolution have been complied with, the Auditor shall issue his warrant in behalf of the said J. L. Power.

        Mr. Catchings introduced an Ordinance to abrogate and annul the first and second sections of an Ordinance, adopted on the 26th day of January, 1861, entitled, an Ordinance to provide for the representation of the State of Mississippi in the Congress of the Southern Confederacy, which was read the first and second time under a suspension of the rule.

        Mr. Catchings, by leave, withdrew the Ordinance. whereupon Mr. George introduced an Ordinance appointing A. M. Clayton, W. S. Barry, J. A. P. Campbell, W. Brooke, W. P. Harris and Jas. T. Harrison, representatives or delegates from this State in the provisional Congress of the Confederate States of America, which was read the first and second time under a suspension of the rule.

        Mr. Dyer offered the following amendment:

        Amend by striking out of the second section the words "viva voce," and insert in lieu thereof the words "by ballot," which was adopted.

        Mr. Aldridge offered the following amendment, amend by way of additional section as follows:

        SECTION 3. Be it further Ordained, That we cordially approve and endorse the action of our delegates at Montgomery.

        Which was adopted.

        On motion of Mr. George, the rule was further suspended and the Ordinance read the third time.

        The question was then taken on the passage of the Ordinance as amended, and decided in the affirmative.

        Ordered that the title stand as stated.

        Mr. Clapp introduced an Ordinance to provide a coat of arms and a flag for the State of Mississippi, which was read the first and second time under a suspension of the rule.

        On his motion the rule was further suspended, the Ordinance considered as engrossed and read the third time.

        The question was then taken on the passage of the Ordinance and decided in the affirmative.

        Ordered that the title stand as stated.


Page 44

        Mr. George introduced an Ordinance to define the power of the Legislature of this State in relation to the Ordinances and resolutions adopted by this Convention, which was read the first time.

        On his motion the rule was suspended, the Ordinance read the second time and referred to the committee on State Constitution.

        On motion of Mr. Jones, of Sunflower, the committee adjourned until 3 o'clock, P. M.

THREE O'CLOCK, P. M.

        The Convention met pursuant to adjournment.

        Mr. George offered the following resolution which was adopted, to-wit:

        Resolved, That it is the sense of this Convention that the government under the permanent Constitution of the Confederate States, should be organized and put into operation at as early a period as practicable and consistent with the public safety, and that the delegates of this State to the Provisional Congress be requested to urge the policy indicated by this resolution upon that body.

        Mr. Wood, of Attala, offered the following resolution, which was lost, to-wit:

        Resolved, That M. L. Carlisle, who kindly presented to this Convention an imperial size photograph of the State seal of Mississippi, be granted the exclusive right to photograph or lithograph the same, as modified by resolution of this body. Provided, that this shall not interfere with the right of any officer of this State to use said seal in official business.

        On motion of Mr. Harris the Ordinance to repeal the Ordinance entitled, an Ordinance to regulate the Military system of the State of Mississippi, and an Ordinance to raise means for the defense of the State, was called up.

        Mr. Harris moved the adoption of the Ordinance.

        On motion of Mr. George, the Ordinance was laid on the table.


Page 45

        The chairman, Mr. Gholson, presented the following communication from the Hon. J. L. Alcorn:

FRIAR'S POINT, MISS., March 25, 1861.

HON. W. S. BARRY,
President of Mississippi Convention:
Jackson, Mississippi.

        Sir: I regret that serious indisposition, whereby I have been confined to my room for the past four days, denies me the pleasure and privilege of attending the called session of the Convention. Be kind enough to inform the Convention.

Very respectfully,
Your obedient serv't,

J. L. ALCORN.


        Mr. Miller from the committee on State Constitution, to whom was referred an Ordinance to define the power of the Legislature of this State in relation to the Ordinances and resolutions adopted by this Convention, reported the same back to the Convention with a recommendation that it do pass, which was received and agreed to.

        On motion of Mr. George the rule was suspended the Ordinance read the third time and passed, with title as stated.

        Mr. Anderson introduced an Ordinance making certain appropriations therein named, which was read the first time.

        On his motion the rule was suspended, the Ordinance read the second and third time and passed.

        Ordered, that the title stand as stated.

        Mr. Marshall introduced an ordinance supplemental to an Ordinance entitled, an Ordinance to raise means for the defense of the State, adopted January 26th, 1861, which was read the first time.

        Mr. Anderson moved to lay the Ordinance on the table, which was decided in the affirmative, upon a call of the yeas and nays, as follows:

        YEAS--Mr. President, Messrs. Anderson, Aldridge, Barksdale, Booth, Brantly, Bonds. Clayton, of Marshall, Clayton, of Lowndes, Colbert, Clapp, O. Davis, Dease, Dyer, Deason, Fontaine, George, Gibson, Harris, Holt, Isom, Johnston, of De Soto, Jones, Keirn, Keith, Kennedy, Lea, Lamar, Lewers, Lewis, Mayson, McGhee of Bolivar, McGliee, of Panola, Miller, of Pontotoc, Miller, of Tunica, Neely, Nelson, Pattison, Sanders, Sumner, Taylor, Witty, Woods and Wright--44.


Page 46

        NAYS--Messrs. Baldwin, Brooke, Beene, Gholson, Marshall, Orr, Rogers, Reynolds, Stephens, Tison, Thompson, Wood, of Attala, and Young--13.

        On motion of Mr. Holt the Convention proceeded to the election of delegates to the Montgomery Convention, to fill the vacancy occasioned by the resignation of the Hon. W. S. Wilson.

        Mr. Holt nominated the Hon. D. C. Glenn.

        Mr. George nominated the Hon. J. A. Orr.

        The chairman appointed Messrs. Holt and Beene to act as tellers.

        Upon counting the votes, Mr. Glenn received 22 votes; Mr. Orr received 27 votes; Scattering, 2 votes.

        Mr. Orr having received a majority of all the votes cast was declared elected.

        Mr. Thompson offered a resolution authorizing the Auditor of Public Accounts to issue duplicate warrants to W. F. Huggins, assessor of the County of Chickasaw, and to Thomas M. Blackwell, Clerk of the Circuit Court of said county, to an amount not exceeding the sum of two hundred dollars each.

        Mr. Miller moved to lay the resolution on the table which was lost.

        The question was then taken on the adoption of the resolution and decided in the affirmative.

        On motion of Mr. Tison,

        Resolved, That the thanks of this Convention be and are hereby tendered to the Hon. W. S. Barry, for the dignified, able and courteous manner, in which he has presided over the deliberations of this body.

        On motion of Mr. Anderson,

        Resolved, That the provisions of an Ordinance, adopted, January, 26, 1861, of this Convention, for the publication of the Ordinances and Journals, shall be applied to the publication of the Journal and Ordinances of this session.

        On motion of Mr. Tison,

        Resolved, That the thanks of this Convention be and are hereby tendered to E. P. Russell, Secretary of the Convention, and Robt. C. Miller, Assistant Secretary, for the able and very efficient manner in which they have discharged their respective duties.

        Mr. Fontaine introduced an Ordinance to authorize the Governor of the State of Mississippi to transfer volunteers to the service of the Government of the Confederate States,


Page 47

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

        Mr. Lamar moved to lay the Ordinance on the table, which was lost.

        On motion of Mr. Fontaine, the rule was suspended, the Ordinance read the third time and passed, with title as stated.

        On motion of Mr. Harris,

        Resolved, That Mr. J. L. Power be allowed the sum of four dollars per day during the session of this Convention for the reports of its proceedings which have appeared in the Daily Mississippian.

        Mr. Barksdale made the following report:

MR. PRESIDENT:--

        The Committee on Enrolled Ordinances have examined and found correctly enrolled, an Ordinance appointing A. M. Clayton, W. S. Barry, J. A. P. Campbell, W. Brooke, W. P. Harris, and Jas. T. Harrison, representatives or delegates from this State in the Provisional Congress of the Confederate States of America; an Ordinance to provide a Coat of Arms and Flag for the State of Mississippi, an Ordinance to define the power of the Legislature of this State in relation to the Ordinances and resolutions adopted by this Convention; an Ordinance to authorize the Governor of the State of Mississippi to transfer volunteers to the service of the Confederate States of America; an Ordinance to provide for the appointment of electors for President and Vice President of the Confederate States of America; an Ordinance making certain appropriations therein named; an Ordinance in relation to the Marine Hospital at Vicksburg; an Ordinance to alter and modify the Ordinance entitled, an Ordinance concerning the jurisdiction and property of the United States in the State of Mississippi; Resolution in relation to the organization of the Government under the Permanent Constitution of the Confederate States; a resolution in relation to the publication of the Journals and Ordinances of the present session of the Convention; a resolution authorizing the Auditor of Public Accounts to issue duplicate warrants to W. T. Huggins and Thomas M. Blackwell; a resolution in relation to the State of Mississippi subscribing for five hundred copies of the proceeding, debates, &c., as published by J. L. Power.


        The Convention having completed the business before it.


Page 48

Mr. Gibson moved that the Convention adjourn sine die.

        Before putting the motion the President said:

        Gentlemen of the Convention: I take this occasion to return you my sincere thanks for the personal kindness and uniform courtesy which you have extended towards me in the discharge of my duties, and for the two resolutions expressing your approbation. I assure you that I profoundly appreciate these evidences of esteem; they will be among the proudest recollections of my life. For the manner in which you have discharged your duties and consummated the great work for which you were assembled, the people will gratefully remember you, and for the final result I am sure no man here need blush to the latest moment of his life. Again thanking you gentlemen of the Convention, I now declare this body adjourned sine die.

W. S. BARRY,
President.

E. P. RUSSELL, Secretary.


Page 49

CONSTITUTION
OF THE
STATE OF MISSISSIPPI.

    ARTICLE

  • I. Declaration of rights.
  • II. Distribution of Powers.
  • III. Legislative Department.
  • IV. Judicial Department.
  • V. Executive Department; militia.
  • VI. Impeachments.
  • VII. General provisions; slaves.
    Amending Constitution; schedule.

ARTICLE I.

DECLARATION OF RIGHTS.

        THAT the general, great and essential principles of liberty and free government may be recognized and established, WE DECLARE:

Equality and natural rights.