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(title page) Journal of the House of Representatives of the State of Mississippi, Called Session at Columbus, February and March, 1865.
111p.
Meridian, Miss.
J. J. Shannon & Co., State Printers.
1865.
Call number 1670conf Feb.-March, 1865 (Rare Book Collection, University of North Carolina at Chapel Hill)
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At a called session of the Legislature of the State of Mississippi, convened at Columbus, on Monday the twentieth day of February, in the year of our Lord one thousand eight hundred and sixty-five, in compliance with the Constitution of the State and the Laws in conformity therewith, and in the sovereignty of the State the 48th, and in the 5th year of the Independence of the Confederate States of America.
The place of meeting of the Legislature having been changed from the Capitol of the State to Columbus by virtue of the following proclamation of His Excellency, the Governor, to wit:
EXECUTIVE OFFICE, Macon, Miss.
WHEREAS, the destitution of a portion of the people calls for immediate relief, and other matters of importance to the State demand prompt legislative action; and whereas the city of Jackson remains dangerous from the proximity of the enemy, therefore, I, Charles Clark. Governor of Mississippi, do direct that the Legislature of the State convene at Columbus, Mississippi, on Monday the 20th day of February 1865.
Given under my hand and the great seal of State L. S. affixed, this 19th day of January, A. D. 1865.
CHAS. CLARK.
By the Governor.
C. A. BROUGHER, Secretary of State.
Be it remembered, that on the day and year aforesaid, being the time and place for the assembling of the Legislature of Mississippi, in conformity to the Constitution and Laws of the State; and the proclamation of the Governor aforesaid, the House was called to order at 12 M., in the Baptist
Church, being the house designated for the assemblage of the same by Robert C. Miller, Clerk.
The Speaker being absent, on motion of Mr. Yandell, Hon. R. Seal, of Harrison, was called to the Chair.
Prayer by Rev. Dr. Lyon, of the Presbyterian church.
Upon a call of the roll, thirty Representatives answered to the their names. No quorom being present.
On motion of Mr. Murdock, the House adjourned until 3 1-2 o'clock, P. M.
House met pursuant to adjournment.
Hon. L. E. Houston, Speaker, in the chair.
Mr. Shelley introduced Messrs. Bromley of Itawamba and Dancer of Tippah, elected to fill vacancies in their respective counties, who took the oath of office and entered upon the discharge of their duties.
Upon a call of the roll forty four Representatives answered to their names.
No quorum being present, upon motion of Mr. Upshaw the House adjourned until to-morrow morning at 10 o'clock.
House met.
Prayer by the Rev. Mr. Stainback of C. P. church.
Upon call of the roll 47 members answered to their names.
No quorum being present, on motion of Mr. Seal of Harrison, the Sergeant-at-arms was instructed to bring in absentees. Two other members answering to their names and there being still no quorum
On motion of Mr. Seal of Harrison, the House adjourned until 3 1-2 P. M.
House met.
Upon call of the roll 58 members answered to their names.
Mr. Reagan offered the following resolutions, which were adopted:
Resolved, That the Clerk inform the Senate that the House is now organized and ready to proceed to business.
Resolved, That a committee of five on the part of the
House, and----on the part of the Senate, be appointed to wait on His Excellency, the Governor, and inform him that the two Houses are now organized and ready to receive any communications he may have to make.
The Speaker appointed as said committee, on the part of the House, Messrs. Reagan, Staples, Eskridge, Gray and Bromley.
The following message was received from the Senate, through their Secretary, Mr. Porter.
MR. SPEAKER--I am instructed to inform the House of Representatives that the Senate has been organized by the election of D. R. Corly as Door-keeper, and are now ready to proceed to business.
Mr. Johnson, of Desoto, by leave introduced a bill to be entitled "An Act to authorize the Speaker of the House of Representatives and President of the Senate to appoint Messengers between the two bodies," which was on his motion, under a suspension of the rules, read three several times, and passed, title standing as stated.
Mr. Reagan offered joint resolutions of thanks, &c., to Maj. Gen. N. B. Forrest, and on his motion the constitutional rule was suspended and the resolutions read second time and adopted.
The following message was received from the Senate:
MR. SPEAKER--The Senate have concurred in the joint resolutions of the House, appointing joint committee to wait on His Excellency, the Governor, &c., and have filled the blank in said resolution with three. Messrs. Hamilton, Moore and Griffin have been appointed as said committee on the part of the Senate.
Mr. Tindall offered the following resolution:
Resolved, The Senate concurring, that a committee of five on the part of the House, and ---- on the part of the Senate, be appointed to report on the justice and propriety of increasing the compensation of the members of the Legislature during the present session.
Mr. Murdock offered the following as a substitute:
Resolved, That the Judiciary Committee be instructed to examine and report whether it is within the power of this Legislature to pass any law by which the members can receive a sufficient amount of compensation to enable them to pay board bills while attending the sessions.
On motion of Mr. Rucks the substitute was laid upon the table.
On motion of Mr. Tindall the rule was suspended, resolution, was read second time and adopted.
Mr. Barnett offered series of resolutions in relation to Gen. Jos. E. Johnston, which were adopted.
Mr. Brown asked and obtained leave of absence for the remainder of the day.
Mr. Reagan, from joint committee to wait on the Governor reported that they had discharged the duty assigned them, and that the Governor would communicate his message in writing, and on his motion the report was received and agreed to.
Mr. Yandell asked and obtained leave to refer a bill without reading, to the Committee on Military Affairs.
The following message was received from His Excellency, the Governor, through His private secretary, Mr. Poindexter.
EXECUTIVE OFFICE,
COLUMBUS, MISS., February 20, 1865.
Gentlemen of the Senate and House of Representatives:
Having convened you under circumstances that subject you to great inconvenience and discomfort, I shall omit many subjects which I desire to bring to the attention of the Legislature hereafter, and confine myself in this communication to those only which I deem necessary for your present action, and this I propose to do briefly and practically.
The scarcity of provisions in some parts of our State, and the difficulty of transportation have already caused some distress and threaten great suffering, especially to that class who are your peculiar care--the families of our soldiers. The apparently liberal contributions heretofore made by you will not suffice. Where the want is the greatest your money is of least value, and those who have hoarded supplies will not sell. In some parts the partial failure of the corn crop, and in others the incursions of the enemy, and the consumption by our own army, have drained the country and raised prices to fabulous rates. The destruction of locomotives and cars on our railroads, and the impossibility of repairing
them have so impaired their efficiency as to disable them at times from transporting all the freight offered. Our public officers, charged with supplying the destitute, are not as vigilant and pertinacious as the speculators and others engaged in remunerative business, and the latter control the roads to the exclusion of the former. Legislation can apply a remedy for this. The railroad companies, although private corporations, have certain duties to perform as public carriers, and as such are liable to legislative regulation. Their charters were granted to advance great public interests. Their franchises were given upon condition that they would subserve those interests; and what those interests are, it is for you and the courts of the country to determine. The first of these is to feed the people. To effect this, I shall, without discussion, recommend for your consideration the following measures:
That the exclusive and unlawful preference given to express companies, be forbidden, or limited to articles of small bulk or great value. That public officers in charge of stores for the destitute shall have preference, and shall be entitled to transportation for their freight on reasonable notice.
That citizens shipping for their own use, by themselves or agents, and not for speculation or sale, shall be next in order of privilege, the amount of transportation demanded being reasonable, and the facts alleged established by proof if required.
That the power of impressment of engines as well as cars, be vested in the Governor. The power now extends only to the cars.
That it be made a criminal offense for any officer or employee of a railroad to refuse to discharge his duties connected with engines and cars so impressed.
I am no enemy to railroads. I have no insane hatred of corporations. Corporate franchises are necessary to all great works of public improvement created by private capital.
But I do oppose their abuses, and advocate the right and duty of the State, by whose grant they have extraordinary powers to superintend the exercise of those powers and see that they are not abused. This can be done through the courts, but
The
upon a reasonable showing--or upon the order of the Governor upon a showing before him. The courts after judgment of forfeiture or ouster, have the power to appoint trustees. They should have the power, in proper cases, to appoint trustees on the first hearing of the petition, and in case of railroads, to transfer the full possession, management and control, to the trustees until the final hearing and trial. Instances of extortion and other causes of forfeiture, have been stated to me, which, if proved to my satisfaction, would have been sufficient cause for proceedings; and would have been instituted regardless of the threats sometimes made that the company would, if interfered with, abandon their road to its fate. It is for you to make the inquiry, and provide the remedy either such as are above indicated, or by indictment or otherwise as your wisdom may determine. As the wants of the needy cannot otherwise be supplied, I recommend to your consideration a reasonable tax in kind on grain, and the power of impressment at prices to be fixed by commissioners. I see no constitutional objection to either. Both have been exercised by the Confederate government, and have been held to be constitutional Your powers are granted by a constitution, and these are not prohibited to you. I recommend also an increase of the tax for the benefit of indigent families to such amount as your more intimate acquaintance with the wants and means of your constituents may warrant. There is no subject in which I feel a deeper interest than this, cut off as we are by physical disability, or by our public duties and responsibilities, from the glorious privilege of fighting the battles of our country, we may yet perform an acceptable service by providing and caring for the loved families of our brave soldiers who are fighting those battles for us.
Under the resolution passed and approved August 13th, 1864, Rt. Rev. Wm. M. Green, Hon. Wm. L. Sharkey, Hon. A. H. Handy, R't Rev'd Rob't Paine, R't Rev'd W. H. Elder, Rev'd John Hunter, Rev'd George C. Harris, Rev'd T. W. Caskey, Rev'd D. E. Burns, Rev'd T. G. Burney, Rev'd P. P. Neeley, D. D., Rev'd James A. Lyon. D. D., Rev'd Dan'l P. Bestor, Major J. N. Harper, Hon. E. J. Goode, Hon. George H. Gordon, Hon. George Torrey, Hon. John J. McRae, Hon. J. M. Howry, Hon. E. S. Fisher, were appointed commissioners
to procure donations and subscriptions, and to report a plan for the education of the children of our soldiers. They were to have convened at Jackson on 4th January last, but only a minority were present. Under a subsequent order of the chairman, the commissioners were to have met at Jackson on the 15th instant, and I hope to receive their report in time to lay it before you for your consideration. It is not too early to commence the great and good work contemplated in the resolutions. All that is desired may not be effected, but you may secure the means of education to thousands of those whose claims upon the State cannot be disregarded. It is hoped that the commissioners will, with the powerful aid of the reverend clergy, canvass the State for donations and subscriptions of money and property. By this means, millions may be placed in the treasury, to be appropriated to education. I recommend that there be also raised for this purpose, annually, the sum of five hundred thousand dollars by taxation, and that the commissioners be authorized to receive the sum of five millions of dollars, in donations or loans to the State, the amounts lent to be rapid to the lender, after -- years from the termination of the war without interest. The absolute donation, and the interest, say ten percent. per annum one the loans, to be the school fund to be expended. You should, at this session, provide for the raising and appropriation of this fund.
All the State troops, except two companies under Major Montgomery, have been reporting to Confederate commanders. I have proposed to transfer the whole force to the Confederate service in their present organization, subject to consolidation and reorganization under the acts of Congress; but the proposition has not yet been accepted. Chief Justice Handy, in a case lately tried before him, decided that men in the military service of the State, between the ages of 18 and 45 years were liable to conscription. The offer to transfer these troops was made before the decision referred to. I have given notice that so soon as the troops can be mustered by the Confederate officers for payment they will be transferred, with their consent, or discharged from State service. But little pay is due these volunteers from the State. They have been long since virtually transferred, except two companies of Major Montgomery's battalion, which, at the
urgent request of the citizens on the Mississippi river, were sent back last fall to the county of Bolivar, for the protection of the people in that and the adjoining counties from raiding parties of the enemy. An appeal has been taken to the high court from the decision of the chief justice. I could not recognize the political doctrine therein expressed, and on which it is founded, that the reserved right of the State to keep troops in time of war, could be abrogated by an act of Congress. If all men between the ages of seventeen and fifty years were, by the act of Congress of the 17th of Feb'ry, 1864, and previons acts, "potentially in the Confederate army," many of your most important civil, officers are subject to be withdrawn from their duties, and hold their offices at the will of the President alone. The militia are now the only troops left us to enforce the laws, and to protect the inhabitants against dangers at home. These if properly organized may be made effective for this purpose. The popular objection to the militia system arises not from the enforcement of the law but the failure to enforce it. When the call was made last summer, to repel the threatened invasion of the enemy, the men from some portions of the State responded en masse, and a large force was organized, armed, equipped and ready, in a few days to meet it; but there were thousands who disobeyed the call, and from some counties not a man responded. The statute requires that the defaulters should be "arrested and brought before a court martial for trial." This could only be done by a military force and there was none under my control that could be used for this purpose, as I could not call out the militia except in case of "an emergency arising from an invasion or threatened invasion of the State by the enemy." General court martials were organized, but no officers could be found to execute even a summons, as it was not made by law the duty of the Sheriff or other civil officers. I recommend therefore that this defect be remedied by imposing on Sheriffs and constables, as well as military officers, the duty of serving and returning every summons, supoena, or other writ issued by a court martial; that the courts be authorized to proceed without the arrest, and to impose the penalties; the sentences to be executed by the civil or military officers to whom the writ is addressed or in whose hands it may be placed. Charges have been preferred against the delinquents reported to the courts, and they may still be tried and punished.
I recommend also a repeal of the clause which limits the term of service to thirty days, and that the Governor be authorized to call out all or any part of the militia when the public interest may require such service. Without this the laws cannot be enforced. The country is filled with deserters and marauders. Crimes are daily committed and the offenders escape punishment. I have made arrangements with the Confederate authorities for forage and rations, in all parts of the State, and propose, immediately upon your granting the authority to call out the whole militia, for the purpose of apprehending deserters, and of clearing the State of the robbers and plunderers who infest it.
The number of civil officers, especially of justice of the peace and constables; in the State is greater than is required for the due enforcement of the laws. You can diminish the list and place a battalion in the field, The Constitution does not specify what number of justices of the peace and constables shall be elected in each county. You can limit the number, and I recommend that this be now done, and the counties districted anew. The offices of the present incumbents may be terminated by virtue of the amendment to the Constitution adopted in convention January 20, 1861. I respectfully call your attention to this subject, and recommend it to your serious consideration. In one county there are more than fifty justices and constables, and if the official duties performed by them all were imposed on one man, he would not be overburdened. From two to four justices and half as many constables would be sufficient to transact all the business pertaining to these offices in any county, and the duties would be performed efficiently.
I shall, at an early day of your session, have the honor to lay before you reports from the Auditor of Puche Accounts, the State Treasurer, the commissioners to examine the Auditor's and Treasurer's offices, the commissioners to examine the executive and military offices, the annual and special reports from the Quartermaster General, Surgeon General, Chief of Ordnance, Keeper of the Capitol, and from the Asylums, State Distillery, and State Salt Works. A more vigorous enforcement of the criminal laws should
be provided for. In some counties near the enemies lines, the courts cannot be held; in others, the judges neglect their duties. I recommend the establishment of inferior courts of criminal jurisdiction, embracing these counties and those adjoining where the courts may be safely held. The Consttution does not require that an offender shall be tried in the county where the offence was committed, but by a jury of that county. Let the courts be in frequent session, that criminals may have speedy trial and swift punishment. I also reeommend that civil actions against defaulting tax collectors and other debtors to the State may be instituted and tried in any county in the district in which the party resides, or in an adjoining district, at the discretion of the Attorney general.
Until you see proper to authorize the rebuilding of the Penitentiary. I advise that such change be made in the statutes as to impose all the duties now performed by the superintendent, clerk, and inspectors, on one officer. The prisoners being confined in jails and in the penitentiary of Alabama, there is no necessity for the corps of saleried officers and employees now authorized. One officer reporting directly to the governor will be sufficient. As some of the jails in which convicts are confined are insecure and unsafe, power should be given to remove them to places of security, and to pay the expenses out of the penitentiary fund, which will be ample for the purpose.
I cordially united with the Governors of Virginia, North Carolina, Georgia and Alabama, whom I had the pleasure of meeting at Augusta in October last, in recommending the policy of employing a large force of negroes in the army as teamsters and laborers, or in any capacity in which they might be found effective. Whatever may be the public opinion on this subject, I hesitate not to declare mine, that, with competent officers and firm discipline, they can be made effective soldiers; and that the experiment should now be made. The whole argument is summed up in a remark attributed to one of our most distinguished leaders: "If we do not use them the enemy will." The greatest objection comes from our people near the lines of the enemy, who allege that the attempt to conscribe them will drive them to the enemy. This may be prevented by the master removing his able-bodied men from such vicinity, and sending them to
the army. To send cavalry to capture them will produce the effect feared, as has been demonstrated heretofore; and if as is anticipated, Congress passes a bill authorizing a conscription of negros, either as laborers or as soldiers, owners near the line should immediately remove them. It would be well that all able bodied male slaves between the ages of eighteen and forty-five years should be so removed; as, if only a part are taken, the remainder, through fear would endeavor to escape. We forced the removal or destruction of cotton to prevent it falling into the hands of the enemy; why, then, not remove that property of which they have made such fearful use? I do not, however, favor the granting of freedom to slaves, or of offering it as a boon. It is no boon to them. Few of them aspire to this, or covet it. Steady, firm, but kind discipline, such as good masters enforce, is all that is required. Freedom would be a curse to them and to the country. These views I expressed to our delegation in Congress in November last, and I state them here, as I deem it the duty of all who have been placed in prominent position to candidly avow their opinions at this time upon the vital questions which agitate the public mind.
I cannot conclude this message without alluding briefly to the condition of the country. In the late gloom and depression, when all desired peace, it is not matter of astonishment that the timid and averacious should have abated their former honorable demands, and that a few, encouraged by the apparant despondency, should have dared to utter their sentiments of disloyalty. The clamor for negotiation was raised. This righteous war for the defence of our libertie was denounced, and those who had not the manliness to approve it, or the courage to meet its dangers, began openly to congratulate themselves that their prophecies of final disaster were about to be fulfilled. Some who cried so lustily for peace, and denounced the President for not making overtures, would have accepted peace on any terms short of the loss of property. Our enemies, presuming on the alleged obstinacy of President Davis, thought to profit by the occasion, and sent emissaries to Richmond to foster this disaffection, by pretended offers of negotiation. They were wisely met and foiled. Negotiation has but demonstrated the folly of negotiation at such a juncture. Able and patriotic men, known to be the friends of peace, headed by the great apostle of negotiations, have concluded their labors, and have brought back to us the
terms--unconditional submission--absolute subjection to the will of their President and their Congress. The proposition is made to Mississippi, and to each State separately, to desert the ranks of her Confederates to whose cause her people have pledged "their lives, their fortunes and their sacred honor," a cause holy in our eyes as it it just in the sight of Heaven, the cause of right, of equality, of free government. Let us congratulate the country that the issue is now fairly made--victory of subjugation--freedom or slavery. Our people are ready to meet the issue, and I recommend that you solemnly and firmly declare that Mississippi will be true to her plighted faith to her sister Confederates, and will conquer or perish with them. That we will never again submit to the exactions and extortions of the North to maintain their interests at the expense of ours; never will submit to pay the cost of our own capture and of the chains with which we are to be bound, and that rather than abandon our cherished and christian institution of domestic slavery, we will send our servants with our sons to the battle field, to fight for our right to protect and guard them against their worst enemies. Your resolutions will be responded to by the defiant shouts of the army and the acclamations of the people. The President, pursuant to a resolution of Congress, has appointed Friday the 10th of March next, as a day of fasting, humiliation and prayer, (with thanksgiving) for invoking the favor of Almighty God. I recommend that you also join in the invitation to its observance. Let the nation bow its knee to the Almighty. To Him we look for help in time of trouble. "He is able to save and strong to deliver." Let us put our trust in Him, and thus confiding renew the battle. CHARLES CLARK, Governor. On motion of Mr. Arnold, the message was laid on the table, and five hundred copies ordered to be printed for the use of the House. On motion of Mr. Reagan, the message was made the special order for to-morrow, Wednesday, 22d, at 12 M. Mr. Johnson, of DeSoto, offered the following resolution, which was adopted: Resolved, That Brigadier General J. R. Chalmers be invited to address the Legislature, at such time as may suit his convenience, and that the use of this hall be tendered him for that purpose.
Mr. Reagan offered a series of joint resolutions, declaratory of the determination of Mississippi, on the prosecution of the war. Read first time, and placed on the calendar. On motion of Mr. Hendon, the House adjourned until 10 o'clock, A. M.
House met pursuant to adjournment. Prayer by Rev. Dr. Lyon. Journal of yesterday read and approved. The following message was received from the Senate: MR. SPEAKER: The Senate have passed a bill entitled "An act to change the name of Frances R. Blackmar, of Hinds county, in which the concurrence of the House is desired; and have passed House bill entitled "An act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two Houses." Mr. Brown offered the following resolution, which was adopted: Resolved, That the ministers of this city be invited to open the sessions of this House, each morning, with prayer, and that the clerk communicate this resolution to them. Mr. lrby asked an indefinite leave of absence for Mr. Maxwell, on account of ill health, which was granted. Mr. Bestor, by leave, introduced a joint resolution in relation to School Commissioners, which was read twice, under a suspension of the rules, and adopted. Being the regular day for the call of counties, Mr. Liddell presented the petition of O. L. Kimbrough, of Carroll county, which, on his motion, was referred, without reading, to the Committee on Judiciary. Mr. Allen presented the petition of J. P. McCracken, of DeSoto county, which, on his motion, was referred, without reading, to the Committee on Judiciary. Mr. Seal, of Hancock, introduced a bill, entitled "An act to remove the civil disabilities of Evander H. Russ, a minor, of Hancock county," which, on his motion, was read
three several times, under a suspension of the constitutional rule, and passed, title standing as stated. Mr. Owen presented the petition of Thomas J. Arnold, of Holmes county, which, on his motion, was referred to the Committee on Claims, without reading. Mr. Barton presented a bill, entitled an "An act for the relief of M. D. Files, former Sheriff of ltawamba county," which, on his motion, with the accompanying documents, was referred to Committee on Propositions and Grievances. Mr. Isom introduced a bill, entitled "An act for the relief of Henry E. Rosco, executor, &c., of Lafayette county, which, on his motion, was read twice, under a suspension of constitutional rule, and referred to the Committee on Judiciary. Mr. Hanson introduced a bill, entitled "An act to repeal an act incorporating the town of Carthage, in the county of Leake, which, on his motion, was read three several times, under a suspension of the constitutional rule, and passed, title standing as stated. Mr. Murdock presented the petition of sundry physicians and citizens of Lowndes county, which, on his motion, was referred to special joint committee of five on the part of the House, and -- on the part of the Senate. Speaker appointed, as said committee, on the part of the House, Messrs. Murdock, Tindall, Anderson, Johnson, of DeSoto, and Gowan. Mr. Arnold presented the petition of Messrs. Miller and Hemphill, of Lowndes county, which, on his motion, was referred to special joint committee to whom was referred the petition of sundry physicians and druggists of Lowndes county. Mr. Upshaw introduced a bill, entitled "An act for the relief of the indigent of Marshall county, which, on his motion, was read the second time, under a suspension of the constitutional rule, and referred to special committee of five. Speaker appointed as said committee: Messrs Upshaw, Lowry, Johnson, of DeSoto, Brown and Gowan. Mr. Tindall introduced a bill, entitled "An act to change the names of Laura and George Tice, and for other purposes." Read first time. On motion of Mr. Upshaw, constitutional rule was suspended and bill read second and third times, and passed.
Mr. Irby introduced a bill entitled "An act to appoint additional commissioners in districts 1 and 5, of Panola county." On his motion, constitutional rule was suspended and bill read second time by its title. Mr. Reagan moved to amend by additional section: "Be is further enacted, That said additional commissioners provided for in first section shall not be within conscript age." On motion of Mr. Seal, of Harrison, the amendment was laid on the table. Mr. Gowan moved to lay the bill on the table, which was lost. Mr. Irby moved a suspension of constitutional rule, that the bill be read a third time, with a view to its passage, which was lost. On motion of Mr. Seal, of Harrison, the bill was referred to the Judiciary Committee. Mr. Eskridge presented a communication from Major James N. Harper, of Tallahatchie county, with an accompanying bill, entitled "An act to authorize James N. Harper, of Tallahatchie, to manumit male slave Lloyd, for meritorious service." Read first time, and, on his motion, rule suspended and bill read second time. On motion of Mr. Hicks, bill was referred to Judiciary Committee. Mr. Johnson of Wilkinson, introduced a bill, entitled an act to remove the civil disabilities of Daniel Cohen, a minor, of Wilkinson county, which, on his motion, was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated. Mr. Johnson, of Wilkinson, introduced a bill entitled "An act to legalize the assessment of taxes for the corporation of the town of Woodville, for the year 1864, which, on his motion, was read three several times, under a suspension of the constitutional rule, and passed forthwith, title standing as stated. Mr. Brown introduced a bill, entitled "An act to increase the compensation of the Probate Clerk of Winston county. On his motion, constitutional rule suspended, and bill read second time. Mr. McElroy moved to insert Newton county.
Mr. Grace moved to insert Lauderdale county; and, On motion of Mr. Tindall, bill and amendments were referred to the Committee of Ways and Means, with instructions to report a general bill. Mr. Barnett introduced a bill, entitled "An act to invest the Probate Court of the county of Yazoo with jurisdiction of the last will and testament of John Campbell, deceased," which, on his motion, was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated. The Speaker presented a communication from Jno. Duncan, President of Board of Trustees of the Institution for the Blind, accompanied by a memorial from the Board of Trustees, and report of the Superintendent, which, On motion of Mr. Reagan, was referred to the Committee on the Institution for the Blind. Mr. Murdock offered a series of resolutions expressive of the determination of the people of the State of Mississippi to prosecute the war until our independence is gained, which-- On motion of Mr. Johnson, of DeSoto, together with previous resolutions of like character, were referred to the Committee on State and Confederate Relations. Mr. Sutton introduced a bill, to be entitled an act for the relief of E. J. Runnels, Quartermaster of 5th regiment Mississippi State Troops. Read twice, under a suspension of the rule, and, on his further motion, referred to the Committee on Claims. Mr. Rucks called up Senate message, being a Senate bill entitled "An act to change the name of Frances R. Blackmar, of Hinds county, which, on his motion, was read three several times, under a suspension of the constitutional rule, and passed forthwith, title standing as stated. Mr Upshaw offered a series of joint resolutions, commendatory of Col. W. S. Lowry, which, on motion of Mr. Johnson, of DeSoto, were referred to the Military Committee. Mr. Cunningham introduced a bill to regulate the fees of jailors, which was referred, without reading, on his motion, to the Committee on Ways and Means. Mr. Reagan called up special order of the day, being the Governor's message.
On motion of Mr. Seal, of Harrison, so much in relation to destitute families was referred to special joint committee of nine on the part of the House and -- on the part of the Senate; so much as referred to railroads, same committee; so much relative to the education of soldiers children, referred to Committee on Education. On motion of Mr. Rucks, so much as referred to appropriation for same be referred to Committee on Ways and Means. Mr. Seal of Harrison, so much as referred to State Troops and Militia, be referred to Committee on Military Affairs. In relation to exempts, to the Committee on Judiciary. In relation to crimes, to Committee on Judiciary. To penitentiary, to Committee on Penitentiary. Negro enlistments, to joint special committee of nine on the part of the House, -- on the part of the Senate. Condition of the country, to Committee on State and Confederate relations. On motion of Mr. Rucks Honse adjourned until 3 P. M. House met. Mr. Dancer by leave introduced a bill entitled "An act to authorize the Board of Police of the county of Tippah to borrow money from the Treasurer of the School fund of said county," which on his motion was read three several times, under a suspension of the rule and passed forthwith, title standing as stated. Mr. Sessions introduced a bill entitled "An act to authorize executor's administrators and guardians to carry on tanneries and for other purposes." Read first time and on his motion, under a suspension of the rule, read a second time, and on motion of Mr. Seal, of Harrison, referred to the Committee on Judiciary. Mr. Boone offered the following resolution: Resolved--That the Governor be requested to inform the Legislature what amount of liquor has been manufactured by the State distilleries? What amount has been dispensed to the several counties? What price has been fixed on the same? What amount has been paid into the Treasury under the provisions of the act creating said distilleries? What amount applied for medicinal purposes to the troops of the State? What amount sold to the officers of the Confederate
States Government for medicinal purposes? What amount of money has been paid out in establishing said distilleries, and carrying on and conducting the same? What number of men otherwise liable to military duty are employed in, and carrying on and operating the same? Mr. Barnett offered the following as an amendment, which was adopted: Resolved--Also to report how the barrels containing said whiskey are obtained, whether by purchase or manufacture, and what the cost from other sources; also to inform the House why they are so imperfectly made as to lose so largely by leakage. The question recurring on the resolution as amended was adopted. Mr. Johnson, of DeSoto introduced a bill to be entitled "An act to authorize the State Treasurer to re-issue one hundred and fifty thousand dollars of the Treasury notes of the State, which have been funded in eight per cent. bonds and to destroy a similar amount of the small warrants authorized by the act of April 5th, 1864, and for other purposes," which on his motion was read a second time under a suspension of the rule, by its title, and referred to the Committee on Ways and Means. The following message was received from the Governor through his Private Secretary. MR. SPEAKER:--I am instructed by the Governor to inform the House of Representatives that he did on this day approve and sign House bill No. 1, entitled "An act to authorize the Speaker of the House of Representatives and President of the Senate to appoint messengers between the two bodies. Mr. Irby introduced a bill to be entitled "An act to amend an act entitled an act to better provide for the families of soldiers, approved Dec. 2d, 1863," which on his motion, was referred to the select committee to whom so much of the Governor's message as relates to indigent families was referred. Mr. Barton presented the claim of R. Woodfin, of Itawamba county, which on his motion was referred without reading to the Committee on Claims. On motion of Mr. Reagan, House adjourned until to-morrow morning at 10 o'clock.
House met pursuant to adjournment. Prayer by Rev. Mr. Stainback. Journal of yesterday read and approved. The following message was received from the Senate: MR. SPEAKER: The Senate has passed a bill entitled "An act to amend an act entitled an act to authorize the Governor to cause to be prepared and printed a sufficient amount of bonds, bearing 8 per cent. interest, for the purpose of calling in and taking up the notes issued by law for military defense of the State, approved Dec. 5, 1863." And have adopted the following joint resolution. Resolved by the Senate, (the House concurring) That that portion of the Governor's message which refers to "destitute families" be referred to a joint select committee consitsing of five on the part of the Senate, and ---- on the part of the House. Messrs. Moore, Moseley, Taylor, Loper and Quin, have been appointed as said committee on the part of the Senate. The Senate have concurred in the joint resolution of the House providing a joint select committee to report on the justice and propriety of increasing the compensation of the members of the Legislature during the present session. Messrs. Simonton, Davis and Taylor, have been appointed as the committee on the part of the Senate, provided for in said resolution. The following joint standing committees have been appointed on the part of the Senate:
The Senate have adopted joint resolutions of the House relative to Gen. Soseph E. Johnston, with an amendment thereto, in which the concurrrence of the House is desired: Mr. Johnson of DeSoto, of Enrolling Committee, made the following report:
MR. SPEAKER:-- The Committee on Enrollments have examined a bill entitled "An act to authorize the Speaker of the House and President of the Senate to appoint messengers between the two bodies," and finding the same correctly enrolled, have submitted it to the Governor for his approval and signature. The Speaker announced the following committees : The Speaker announced the following standing committees:
Mr. Barnett, by leave, amended resolution of House yesterday asking information of the Governor as to the State distilleries, so as to require information of the agent instead of the Governor in relation to the cooperage of the distilleries. Mr. Seal, of Harrison, from Judiciary Committee made the following report, which was received and agreed to. MR. SPEAKER: The Committee to whom was referred a bill entitled, "An act for the relief of Henry E. Rusco, Executor, etc.," have had the same under consideration, and have instructed me to report the same back with a recommendation that it do pass. And on his motion bill was read third time and passed, title standing as stated. Mr. Shelly introduced a bill entitled, An act to legalize the assessment roll of Itawamba county, and for other purposes. Which on his motion was read three several times under a suspension of the rule and passed forthwith, title standing as stated. Mr. Stubbs, of Smith, introduced a bill entitled, An act/to authorize the Quartermaster General of the State to pay to the officers and men of the Second Battalion and Sixth Regiment Mississippi State Troops for horses which were killed before they were appraised and valued. Which on his motion was read second time, under a suspension of the rule, and referred to the Committee on Military Affairs. Mr. Isom offered the following resolution, which was adopted: Resolved, That the Committee on the State University be instructed to report a bill for the better protection of the property of said institution. Mr. Liddell introduced a bill to be entitled,
An act to remove the civil disabilities of Emma E. and Walter P. Kennedy, minors of Carroll county, Miss. Which on his motion was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated. Mr. Yandell offered the following resolution which was adopted: Resolved, That his Excellency Governor Clark be requested, if it be not incompatible with the public interest, to communicate to this House all information and matters of fact tonching a contract and its execution providing for the importation into the State through the enemy's lines, of cotton cards and medicines. Mr. Lewers, by leave, introduced a bill to be entitled, An ac to amend an act entitled, An act to receive the interest on the school funds belonging to the counties embraced in the Chickasaw Cession, and for other purposes, so far as it relates to the county of Pontotoc and other ounties therein named approved December 2, 1858. Which on his motion was read a second time, under a suspension of the rule, and, on motion of Mr. McNeil, was referred to the Committee on Education Mr. Arnold, by leave, introduced a bill to be entitled, An act to incorporate the "Pioneer Machine Company." Which on his motion was read second time, And on motion of Mr. Yandell was referred to Committee on Corporations. Mr. Seal, of Hancock, by leave, introduced a bill to be entitled, An act to amend the several acts relative to the swamp and overflowed lands in the counties of Hancock. Marion, Lawrence, Copiah and Simpson. Which on his motion was read second time and referred to the Committee on Internal Improvements. Mr. Wells, by leave, introduced a bill to be entitled, An act for the relief of officers and soldiers in certain cases. Which on his motion was read second time. And on motion of Mr. Seal, of Harrison, referred to Judiciary Committee. Mr. Wells, by leave, introduced a bill to be entitled, An act to amend Article 147, Section 32, Chapter 64 and Article 364, Section 70, Chapter 64 of the Revised Code. Which on his motion was read a second time, under a suspension of the rule. And on motion of Mr. Seal, of Harrison, was referred to the Committee on Ways and Means. Mr. Wells, by leave, introduced a bill, to be entitled "An act for the relief of sheriffs," which, on his motion, was read second time, under a suspension of the rule, and, on motion of Mr. Seal, of Harrison, referred to the Committee of Ways and Means.
Mr. Upshaw offered the following joint resolution : Resolved, (the Senate concurring,) That three commissioners be sent by this Legislature to visit the prisons of the United States, where our soldiers and officers are confined, with a view to minister to the comfort and necessities of the soldiers and officers of this State, who are or may be confined in said prisons. Which, on motion of Mr. Fort, was referred to special committee of five, with instructions to report by bill or otherwise. The Speaker appointed as said committee Messrs. Fort, Upshaw,, Rucks, Fox and Reagan. Mr. Johnson, of DeSoto, called up Senate message: Senate bill entitled, "An act to amend an act to authorize the Governor to cause to be prepared and printed a sufficient amount of bonds bearing 8 per cent. interest, for the purpose of calling in and taking up the notes issued by law for military defence of the State," approved December 5, 1868, was read first time, and, On motion of Mr. Rucks, was read second time under suspension of the rule. Mr. Seal, of Harrison, moved its reference to the Committee on Ways and Means, which was adopted. Mr. Liddell moved to concur in Senate amendment to House resolutions in relation to Gen. Joseph E. Johnston, which was lost. The following message was received from the Governor through his private Secretary:
EXECUTIVE OFFICE, Gentlemen of the Senate and House of Representatives:
Page 8EDUCATION OF SOLDIERS' CHILDREN.
Page 9STATE TROOPS AND MILITIA.
Page 10
Page 11EXEMPTS.
OFFICIAL REPORTS.
CRIMES.
Page 12PENITENTIARY.
NEGRO ENLISTMENTS.
Page 13CONDITION OF THE COUNTRY.
Page 14
Page 15WEDNESDAY, FEBRUARY 22, 1865.
Page 16
Page 17
Page 18
Page 19THREE O'CLOCK, P. M.
Page 20
Page 21THURSDAY, February 23, 1865.
Page 22
Page 23
Page 24
Page 25
COLUMBUS, MISS., February 23, 1865.
I herewith transmit for your information reports of Auditor of Public Accounts and of the Treasurer, showing the conditions of their departments on the 25th day of November, 1864, 3d January, 1865, and 15th February, 1865. Also, report of the commissioners appointed by you to examine those offices, their examination having been extended to the 1st October, 1864, on which day the money in the Treasury was counted by them. In the latter part of the month of November, the partial reports made verbally to me by the commissioners caused me to call for full reports from the Auditor and Treasurer of the accounts from the 1st January, 1860, to 25th November, 1864. The report of the Auditor
was promptly rendered; that of the Treasurer was delivered to me after the 12th December. On examination and comparison of the report, I informed the Treasurer that the condition of his department was unsatisfactory, and advised him to resign his office. This he agreed to do so soon as he could bring up his books, and I could secure the services of a competent person as his successor. I had then no doubt of the honesty of Col. Haynes, and the commissioners expressed their confidence in his integrity; We did not fear that the funds would be abstracted, but believed that Col. Haynes would do all in his power to rectify the errors pointed out, and this I believe him to have done.
On the 2d January, 1865, he resigned his commission as Treasurer, and I appointed Hon. W. B. Weaver to fill the vacancy. I directed that inventory should be taken by them jointly, of the moneys, books, &c. Hearing next morning of the death of Col. Haynes, I proceeded immediately to the Treasury, locked and sealed up the safes and boxes containing the money, and appointed Messrs. Labauve and Brown to make, in the presence of the new Treasurer, an inventory of the moneys and effects in the Treasury. This was done under my supervision, and a copy of this inventory, signed by the commissioners and receipted by Mr. Weaver, is here with transmitted.
I respectfully recommend that this inventory be directed to be filed in the Auditor's office, and that provision by law be made that the transfer of the offices of the Executive departments from an incumbent to his successor an inventory shall be taken, under the supervision of the Governor, of the moneys, books, property and valuable papers of the office. The report of the commissioners was only delivered to me last evening, having been just completed. Not to delay your investlgation, I transmit it after but a cursory examination, and ask for it your early attention.
The commissioners and all the State officers are ready to render such further information as you may require. The time limited for the examination of the commissioners has expired. They have been laboriously engaged during the whole period; but some accounts, it will be seen, have not been satisfactory investigated. A further investigation should be had, especially of the State commissioners' department of the Treasury, and the examination extended to the date of 2d of January, 1865. Until this is done no satisfactory statement of the liabilities of the late Treasurer can be
made. It will be seen from the report of the commissioners, that a large balance appears to be still due from the Hon. S. L. Hussey, the Treasurer whose term expired in January, 1860. This is supposed to arise from the fact that no entries were made to his credit of the warrants paid by him during the months of November and December, 1859, and in the removal of the offices in 1863 from Jackson those warrants are alleged to have been lost. This is probable, as there are now outstanding (unless they were paid by Mr. Hussey) warrants issued prior to January, 1860, nearly equal to the deficit. I transmit herewith a communication from Mr. Hussey, and recommend the subject to your early attention. I recommend that you prescribe the manner in which an equitable settlement may be made with him, as he professes his readiness to instantly pay in any balance that may be justly due. I respectfully suggest that all warrants issued prior to the 1st day of January, 1860, be barred unless they are presented for payment within six months after publication of notice, and that after the expiration of the time credit be given for the amount of the warrants now apparently outstanding not so presented.
The report of the commissioners to examine the Executive department, and the offices of the Quartermaster General and Chief of Ordnance, is also transmitted, to inform you of the progress made by them. I respectfully recommend their suggestions to your favorable consideration, and that the commission be continued. The personal examination of one of the commissioners by you, or your committees, would better satisfy you than the report itself of the propriety of their suggestions.
I also transmit the report of the same commissioners in relation to the moneys advanced D. C. Patterson and the cotton intrusted to Dr. L. Blackburn. The Confederate notes and certificates deposited with the Quartermaster General by Patterson, are still in his hands, but cannot be received unless so ordered by you. Suit would have long since been instituted against Patterson, but no counts have for several years been held in Claiborne county, in which he resides.
I also transmit reports from the officers of the State Institution for the Blind, and of the Lunatic Asylum, and ask your favorable consideration. Also, an interesting report from the Surgeon General.
The accompanying report of the keeper of the capitol will show the condition of the library and public buildings. Your attention is respectfully requested to the repairs necessary
to the capitol. The catalogue of books, maps, charts, &c., in the library, was made by my order, and is in my hands subject to your inspection.
The report of Major W. A. Strong of receipts and disbursements on account of the State Distillery to 1st January 1865, is also transmitted. The whole amount to the 22d Feb'y, 1865, drawn from the Treasury on this account is $53,010 00, and receipts paid in $14,196 32.
Major Strong has acted with commendable energy and economy, and the amount of spirits that can be manufactured at this distillery would be sufficient for the purposes for which it was intended, if applied to no other use. The establishment of these works was not recommended by me, and I am aware that it was authorized by you only because of a supposed necessity.
The report of the General Salt Agent will be found satisfactory. The Salt works have been managed with energy and ability, and with gratifying results.
I respectfully request that such of the documents herewith transmitted as you may not order to be printed, be ordered to be returned to me at your adjournment. The reports are voluminous and the tables would occupy many pages of your journals and as they must again be presented to the Legislature in November, it may not be deemed necessary now to enter them in your journals.
I respectfully report that the amount drawn from the Treasury on account of the Executive contingent fund and expended during my administration is $9977 40. The vouchers therefor are ready for your examination.
The reports of the Auditor and Treasurer show the Confederate notes drawn by me from the Treasury to be exchanged and funded. I have in my hands the certificates of the depositary at Columbus for eight hundred and fifty-seven thousand and four hundred dollars to be funded in six percent. bonds. Also, certificate of deposit in the same depository for forty-two thousand and three hundred dollars. The payments made by me into the Treasury are shown in those reports.
CHAS. CLARK.
Which, on motion of Mr. Eskridge, was taken up.
On motion of Mr. Rucks, so much of the message as relates to Auditor's report be referred to Committee on the Auditor's Office; so much as relates to Treasurer's report to Committee on Treasurer's Office; so much as relates
to report of commissioners to examine Auditor's and Treasurer's offices be referred to a select committee of five.
The Speaker appointed, as said committee, Messrs. Cunningham, Wells, Daniel, Liddell and Morehead.
So much as relates to report of State agent of distilleries to special committee to whom was referred the petition of sundry citizens of Lowndes county, in relation to distillation; so much as relates to the report of the State Salt Agent to the special committee of five to examine commissioner's report.
On motion of Mr. Barnett, so much as relates to Surgeon General's report was referred to spcial committee of five.
The Speaker appointed, as said committee, Messrs. Rucks, Yandell, Liddell, Tindall and Bradley.
On motion of Mr. Tindall, the House adjourned until 3 o'clock, P. M.
House met.
Mr. Gowan offered the following resolution:
Resolved, That the State Printer be, and he is hereby authorized and required, to furnish the clerk of this House with one-half ream wrapping paper, for the use of the members during the present session.
Which was adopted.
Mr. Yandell, by leave, introduced a bill, to be entitled "An act to change the name of Maria E. Wadlington to Maria E. King," which, on his motion, was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated.
Mr. Gowan, by leave, introduced a bill, to be entitled "An act to invest the Probate Court of Simpson county with jurisdiction of the estate of Henry Young, late of Rankin county, deceased," which, on his motion, was read twice, under a suspension of the rule, and, on motion of Mr. Hicks, was referred to the Judiciary Committee.
The following communication was read from Brigadier General James R. Chalmers:
HEADQ'RS CHALMERS' DIVISION, FORREST'S
CAV'Y CORPS, Near Columbus, Miss.,
February 23, 1865.
Mr. Robert C. Miller,
Clerk of the House of Representatives:
Sir: Your note of the 22d instant, conveying to me the resolution of the Legislature of Mississippi, inviting me to address them at such time as should suit my convenience, has been received.
Feeling deeply sensible of the compliment thus paid, I accept the invitation, and will name 3 o'clock, P. M., on the 24th instant, as an hour at which it will suit me to address your honorable body.
I am, sir, your obedient servant,
JAS. R. CHALMERS, Brigadier General.
The Speaker announced the following standing committees:
Mr. Jackson presented the memorial of the Board of Police and commissioners for indigent families of Amite county, which, on his motion, was referred, without reading, to joint select committee for indigent families.
Mr. Gully presented the petition of the heirs of Evan Roberts, late of Marengo county, Ala., which, on his motion, was referred, to the Committee on Judiciary, without reading.
Mr. Gowan introduced bill, to be entitled "An act to punish horse stealing," which, on his motion, was referred to the Judiciary Committee, without reading.
Mr. Arnold offered the following resolution:
Resolved, That Hon. A. B. Meek, of Alabama, be invited to address this body, on such night as may suit his convenience.
Which was adopted.
On motion of Mr. Isom, the House adjourned until to-morrow morning, at 10 o'clock.
House met pursuant to adjournment.
Journal of yesterday read and approved.
Mr. Shelly presented a letter from T. C. Ashcraft, of Itawamba county, which on his motion was referred without reading to the Committee on Claims.
Mr. Isom by leave introduced a bill to be entitled "An act for the relief of the Probate and Circuit Clerks of Lafayette county, which on his motion was referred without reading to the Committee on Propositions and Grievances.
Mr. Barton introduced a bill to be entitled "An act for the relief of Davenport's Battalion," which on his motion, together with accompanying documents, was referred without reading, to the Committee on Military Affairs.
Mr. Pinson presented a joint resolution granting leave of absence to Hon. W. H. Kilpatrick, Judge of the 9th Judicial District, which was read three several times under a suspension of the rule, and adopted.
Mr. Buntin introduced a bill to be entitled "An act to repeal all acts incorporating the town of Oakland, in Yallabusha county, which, on his motion, was read three several times under a suspension of the rule, and passed forthwith, title standing as stated.
The following message was received from the Senate:
MR. SPEAKER:--The Senate have passed bills of the following titles:
An act for the relief of Charles R. Davis.
An act in relation to the Probate Court and Board of Police of Warren county, Miss.
An act further to amend the act providing for the establishment of the Probate Court.
The House is asked to concur in said bills.
The Senate has passed the following entitled House bills:
An act to legalize the assessment of of taxes for the corporation of the town of Woodville, for the year 1864.
An act to remove the civil disabilities of Daniel Cohen, a minor of Wilkinson county, with an amendment thereto, in which the concurrence of the House is desired.
An act to remove the civil disabilities of Evander H. Russ a minor of Hancock county, with an amendment to the same, in which the House is asked to concur.
And have concurred in the following entitled joint resolutions of the House:
Resolutions in relation to filling up our armies.
A joint resolution in relation to School Commissioners.
Messrs. Ellet, Simonton, Neely, Mosely and Moore have been appointed on the part of the Senate to consider, in conjunction with the committee on the part of the House, certain memorials relative to the present liquor law.
Mr. Yandell introduced a bill to be entitled "An act to remove the civil disabilities of Nathan C. Luse, a minor of Yazoo county," which on his motion was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated.
Mr. Moorehead introduced a bill to be entitled "An act for the relief of John Lee Crawford and Mary E. Crawford, of Copiah county," which on his motion was read three several times under a suspensian of the rule and passed forthwith, title standing as stated.
Mr. Seal, of Harrison, from the Judiciary Committee made the following reports:
MR. SPEAKER: The Judiciary Committee to whom was referred the bill emancipating a slave named Lloyd, the property of James N. Harper, of Tallahatchie county, have had the same under consideration, and have instructed me to report a substitute for said bill and recommend that said substitute do pass, which was received and agreed to.
Substitute bill was read twice under a suspension of the rule.
Mr. Hicks moved to amend by an additional section which was adopted.
On motion of Mr. Seal of Harrison, the constitutional rule was suspended, bill read third time and passed, title standing as stated.
MR. SPEAKER: The committee to whom was referred a bill entitled "an act to invest the Probate Court of Simpson county, with jurisdiction of the estate of Harris Young, late of Rankin county, deceased," have had the same under consideration and have instructed me to report the same back with a recommendation that it do not pass.
Which was adopted.
MR. SPEAKER: The Judiciary Committee to whom was referred
a bill to be entitled "An act for the relief of officers and soldiers in certain cases," have had the same under consideration, and have instructed me to report a substitute for said bill and to recommend that the same do pass,
Which was adopted.
Mr. Young moved to strike out 1862 and insert 1861, which was adopted.
Mr. Bradford moved to amend by striking out 1861, and and inserting 1863, which was lost.
Mr. Gully moved to amend by striking out 1861 and inserting 1865, which was lost.
Mr. Eskridge moved to amend by striking out the words "in their discretion," which was adopted.
On motion of Mr. Seal of Harrison, the bill as amended was read third time under a suspension of the rule and passed, title standing as stated.
MR. SPEAKER: The committee to whom was referred the petition of the heirs and devisees of Evan Roberts, late of Marengo county, Ala., praying an act authorizing the property of said testator to be divided at once according to the bequest in testators will and for general relief, have had the same under consideration, and being of the opinion that the Legislature of the State has no power to grant the relief prayed for, have instructed me to report the same back with a recommendation that they be discharged from any further action on said petition.
Which was adopted.
MR. SPEAKER: The committee to whom was referred a bill entitled "an act to appoint additional commissioners in districts
Which was adopted.
On his motion the rule was suspended, bill read a third time and passed, title standing as stated.
MR. SPEAKER: The Judiciary Committee, to whom was referred the written petition of D. L. Kimbrough, a citizen of Carrol county, have instructed me to report the same back to the House, and ask to be discharged from the further consideration of the same.
Which was adopted.
MR. SPEAKER: The committee to whom was referred a bill entitled, An aet to punish horse stealing, have had the same under consideration and have instructed me to report the same back with a recommendation that it do not pass.
The report was received.
On motion of Mr. Gowan it was disagreed to.
Mr. Gowan moved that the constitutional rule be suspended and bill read second time.
Which was lost.
Mr. Murdock, from the Committee of Ways and Means, made the following report:
MR. SPEAKER: The Committee of Ways and Means to whom was referred a bill to be entitled, "An act to authorize the State Treasurer to issue $150,000 of the Treasury notes of the State which have been funded in eight per cent. bonds," have had the same under consideration, and have instructed me to report it back, with an amendment, with the recommendation that it do pass as amended.
Which, on his motion, was received and agreed to.
On his further motion the substitute bill was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated.
MR. PRESIDENT: The Committee of Ways and Means to whom was referred bill entitled, "An act to regulate the fees of jailors," have had the same under consideration, and have instructed me to report a substitute therefor with a recommendation that it do pass.
Which, on his motion, was received and agreed to.
And on his further motion the constitutional rule was suspended, bill read third time and passed as amended, title standing as stated.
Mr. Upshaw from the Military Committee made the following report:
MR. SPEAKER: The Military Committee to whom was referred a bill entitled, "An act to authorize the Quartermaster General of the State to pay the officers and men of the Second Battalion and Sixth Regiment of Mississippi State Troops for horses which were killed before they were appraised and valued," have directed me to report the same to the House as amended with the recommendation that it do pass.
Which on his motion was received and agreed to.
And on his further motion, constitutional rule was suspended, bill read the third time, and passed as amended, title standing as stated.
Mr. Fort from the special committee made the following report:
MR. SPEAKER: The undersigned, Chairman of the special committee, to whom was referred the resolution for appointment of commissioners to visit and relieve the soldiers of Mississippi confined in prisons in the United States, asks leave to report the accompanying bill, with the recommendation that it do pass.
Which, on his motion, was received and agreed to.
And, on his further motion, the constitutional rule was suspended, and bill read second time, and,
On motion of Mr. Reagan, was made the special order
for to-morrow, at 11 o'clock, A. M., in committee of the whole.
Mr. Murdock offered the following resolution, which, on his motion, was adopted:
Resolved, That this House will meet at the Courthouse, on and after Monday next, the 27th inst.
Mr. Cunningham offered the following resolution, which was lost.
Resolved, That when the House adjourns to-day, it hall adjourn until 10 o'clock Monday morning.
Mr. Lott introduced a bill, to be entitled "An act to repeal certain portions of an act entitled an act to prevent the distillation of spirituous liquors, and to declare the distilleries to be public and common nuisances, and to authorize the same to be abated, and for other purposes," which, on his motion, was read twice, under a suspension of the rule, and referred to special committee, to whom was referred petition of sundry citizens of Lowndes county on same subject.
Mr. Lott introduced a bill, to be entitled an act to amend article 14, chapter 21, page 206, of the Revised Code," which, on his motion, was read three several times, under a suspension of the rule, and passed forthwith, title standing as stated.
Mr. Tindall introduced a bill, which was, on his motion, referred, without reading, to the Committee on Ways and Means.
Mr. Young asked leave of absence for the Doorkeeper until Monday evening next, which was granted.
On motion of Mr. Young, the House adjourned until 10 o'clock, A. M., to-morrow.
House met pursuant to adjournment.
Prayer by Rev. Dr. Lyon.
Journal of yesterday read and approved.
Mr. Rucks asked to be relieved from the committee on the Surgeon-General's report.
Which was granted, and Mr. Barnett appointed in his stead.
Mr. Tindall, on the part of committee for providing for the relief of members, asked and obtained permission for said committee to sit during the session of the House.
Mr. Johnson of DeSoto, from the Committee on Enrolled Bills, made the following report:
MR. SPEAKER:-
The Committee on Enrolled Bills have examined bills of the following titles, and finding the same correctly enrolled have referred them to the Governor, for his approval and signature:
"An act to legalize the assessment of taxes for the corporation of the town of Woodville for the year 1864."
Joint resolutions in relation to filling up our armies.
Mr. Liddell asked and obtained leave of absence for Mr. McLemore on and after Monday next.
Mr. Owen, by leave, introduced a bill to be entitled
"An act for the relief of C. S. Whitcomb of Holmes county,"
Which, on his motion, was, under a suspension of the constitutional rule, read the second time, and referred to a special committee of three.
The Speaker appointed as said committee, Messrs. Owen Fort and Irby.
The following message was received from the Senate:
MR. SPEAKER:-
The Senate have passed bills with the following titles:
"An act to amend an act entitled an act to amend the law relative to suing out the writ of Habeas Corpus."
"An act in relation to the venue in suits against defaulting public officers and debtors to the State."
In which the concurrence of the House is desired:
And have passed House bills entitled
"An act to invest the Probate Court of the county of Yazoo, with jurisdiction of the last will and testament of John Campbell, deceased."
"An act to authorize the board of police of the county of Tippah to borrow money from the treasurer of the school fund of said county," with an amendment thereto, in which the concurrence of the House is desired.
Mr. Hanson introduced a bill to be entitled
"An act to amend an act entitled an act to regulate the laying out and working roads."
Which, on his motion, was read a second time under a suspension of the constitutional rule, and referred to the Judiciary Committee.
Mr. Pope introduced a bill to be entitled
"An act for the relief of C. M. Edmondson, clerk of the Circuit and Probate Courts of Covington county, and for other purposes."
Which, on his motion, was read a second time under a suspension of the rule, and,
On motion of Mr. Morehead, was referred to the Judiciary Committee.
Mr. Wynne introduced a bill to be entitled
"An act for the relief of Joseph J. E. Lemons of Yallobusha ceunty."
Which, on his motion, was read a second time under a suspension of the rule, and,
On motion of Mr. Barton, was referred to the Judiciary Committee.
Mr. Archer, from the Committee on Library, made the following report:
MR SPEAKER:-
The committee to which was referred the report of the Librarian on the condition of the library in the city of Jackson, beg leave to report, that the library is considerably damaged, and some of it carried off; that they consider no legislation necessary in regard to the books and maps, but that the locks, doors and roof, of the building should be repaired, which matter properly belongs to the Committee on Public Buildings, and should be referred to them.
Which was received and agreed to, and,
On his motion so much of the librarian's report as refers to the public buildings, was referred to the Committee on Public Buildings.
Mr. Johnson of Wilkinson, from the Committee on Corporations, made the following report, which was received and agreed to:
MR. SPEAKER:-
The Committee on Corporations, to whom was referred a bill entitled "An act to incorporate the Pioneer Machine Company," have had the same under consideration, and have instructed me to report the same back to the
House, with an additional section, and recommend that it do pass as amended.
And, on his motion, bill as amended was read the third time, under a suspension of the rule and passed, title standing as stated.
Mr. Gowan, from the the Committee on Internal Improvements, made the following report, which on his motion, was received:
MR. PRESIDENT:--The Committee on Internal Improvements, to whom was referred the bill to be entitled "An act to appropriate the swamp and overflowed lands in the counties of Marion, Lawrence, Copiah and Simpson, to the support of indigent families of soldiers of said counties," have had the same under consideration, and have instructed me to report the same back to the House and recommend its passage.
On motion of Mr. Young, the bill was referred to the Judiciary Committee, with instructions to perfect the bill.
Mr. Tindall, from special committee, to whom was referred the propriety and justice of increasing the pay of the members and officers of the Legislature, during the present session, made the following report:
MR. SPEAKER: The committee to whom the resolution having for its object the propriety and justice of increasing the pay of the members and officers of the Legislature, during the present session, have had the same under consideration, and have instructed me to report that it is just and proper that the compensation should be increased.
They have also instructed me to report the accompanying bills for the consideration of this House, with the recommendation that the subject be referred to the Judiciary Committee, for their immediate action.
Which was received and agreed to.
The hour having arrived for the consideration, in committee of the whole, of the special order of the day, being a bill to be entitled "An act for the relief of the prisoners of war from Mississippi, confined in the prisons of the United States," the House proceeded to the consideration of the same, Mr. Reagan in the chair.
After some time spent therein, the committee rose, reported the bill back to the House, with sundry amendments
thereto, with the recommendation that the bill, as amended, do pass.
And, on motion of Mr. Reagan, the report was received and agreed to.
On his further motion, bill was ordered to be engrossed, and made the special order for Monday, 27th instant, at 12 M.
Mr. Seal, of Harrison, from the Judiciary Committee, made the following report:
MR. SPEAKER: The Judiciary Committee, to whom was referred the resolution and bills relative to the increase of pay to members and officers of the Legislature, have had the same under consideration, and being of the opinion that the Legislature has no power under the Constitution to increase the compensation of said members and officers, to take effect at the present session, have instructed me to report the same back, with a recommendation that they be discharged from any further consideration of the same.
Which was received, and, on his motion, disagreed to.
Mr. Seal, of Harrison, moved that the rule be suspended, that the bill commuting the pay of members and officers at eight in Confederate Treasury notes for one in gold or silver, be read a second time.
Which was adopted.
Bill read second time.
Mr. Gully moved to lay bill on the table. Lost.
Mr. Jackson, by leave, introduced a bill, which, on his motion, was referred, without reading, to the Committee on Claims.
Mr. Murdock introduced a bill, which, on his motion, was referred to the Committee on Ways and Means, without reading.
On motion of Mr. Barton, House adjourned until 3 P. M.
House met.
Mr. Murdock offered a series of resolutions, which were rejected.
Mr. Fox introduced a bill, entitled "An act to reduce the per diem of members of the Legislature," as substitute
for bill pending at adjournment, which was adopted. Read second time, under suspension of the rule, and, on motion of Mr. Daniel, laid on the table, by ayes and nays, called for by Messrs. Daniel, Fox and Tindall:
Yeas--Mr. Speaker, Messrs. Anderson, Allen, Arnold, Bestor, Bromley, Boone, Bradley, Brown, Barnett, Cunningham, Carroll, Daniel, Dillard, Fort, Gully, Hicks, Hooker, Hanson, Hendon, Isom, Irby, Jackson, Johnson, of DeSoto, Johnson, of Wilkinson, Johnson, of Tippah, Kirk, Lott, Lewers, Moore, Morehead, Montgomery, Murdock, McLemore, McKay, of Neshoba, McLaurin, McNeil, Powe, Pinson, Pruit, Rucks, Staples, Sessions, Sutton, Stephens, Upshaw, Wells, Wynne, Yandell and Young--50.
Nays--Messrs. Archer, Bradford, Barton, Buntin, Dancer, Deason, of Jones, Eskridge, Fox, Foxworth, Grace, Gowan, Gray, Liddell, Lowry, McElroy, McGehee, Owen, Pope, Pounds, Reagan, Seal, of Harrison, Seal, of Hancock, Stubbs, of Smith, and Tindall--24.
Mr. Houston introduced a bill, to be entitled "An act to amend the road laws of this State, and for other purposes," which, on his motion, was read second time, under a suspension of the rule.
On motion, the provisions of this bill were applied to the counties of Itawamba, Choctaw, Chickasaw, Carroll, Oktibbeha, Leake, Noxubee, Amite and Wilkinson; and, on further motion of Mr. Houston, bill was read third time, under a suspension of the rule, and passed, title standing as stated.
Mr. Murdock asked and obtained leave of absence for Mr. Moore until Wednesday next.
Mr. Eskridge, by leave, introduced a bill, providing for the pay of members of the Legislature. Read once. Motion to suspend rule, with a view to reading bill second time, was lost.
Mr. Seal, of Harrison, moved to make bill special order for the day, Monday, at 10 A. M., which was adopted.
On motion, of Mr. Seal, of Harrison, House adjourned until Monday morning, at 10 o'clock.
House met pursuant to adjournment.
Mr. Dancer introduced Mr. W. T. Stricklan, of Tippah county, who presented his credentials, took the oath of office and entered upon the discharge of his duties.
Mr. Brown asked and obtained permission for Committee on Treasurer's office to sit during the session of the House.
The Speaker presented sundry communications.
E. W. Dale of Tunica, asking leave of absence which was granted.
G. W. Edwards, Doorkeeper, asking leave of absence, which was granted.
And the following communication from the Hon. A. B. Meek.
COLUMBUS, MISS., Feb. 27, 1865
Hon. L. E. HOUSTON, Speaker of the House of Representatives, Mississippi Legislature--Sir: I have had the honor to receive the resolution of the House of Representatives, inviting me to deliver an address before their Honorable Body.
For this high mark of consideration. I am profoundly grateful, but am compelled, in consequence of recurrent neuralgia of the breast, to decline the effort at this time to make a protracted speech.
Be pleased to express to the very able and patriotic body over which you preside, my grateful appreciation of the distinction show me, and believe me,
Most respectfully, your obedient servant.
A. B. MEEK,
On motion of Mr. Yandell, call of counties was dispensed with.
The following message was received from the Senate:
MR. SPEAKER: The Senate have passed bills of the following titles, to wit:
An act to authorize Probate Judges and Justices of the Peace to administer oaths in certain cases.
And have passed House bills entitled as follows:
An act to repeal all acts incorporating the town of Oakland, Yallabusha county, Mississippi.
An act to remove the civil disabilities of Nathan C. Luse, a minor of Yazoo county.
An act foi the relief of John Lee Crawford and Mary E. Crawford, of Copiah county.
An act to change the name of Maria E. Wadlington to Maria E. King.
An act for the relief of Henry E. Rusco, Executor, &c.
An act to remove the civil disabilities of Emma E. and Walter P. Kennedy, minors of Carrol county, Mississippi.
An act to legalize the assessment roll of Itawamba county, and for other purposes.
An act to repeal an act incorporating the town of Carthage county of Leake.
And have concurred in House resolution granting leave of absence to Hon. W. H. Kilpatrick.
The Senate insist on their amendment to the series of Resolutions of the House relative to Gen. Jos. E. Johnston.
Mr. Reagan moved to take up Senate messages, which was agreed to.
Senate bill entitled "An act in relation to the Probate Court and Board of Police, of Warren county, Mississippi." Bill read first time.
On motien of Mr. Barton, the constitutional rule was suspended, bill read second and third time and passed forthwith, title standing as stated.
Senate bill entitled "An act further to amend the act providing for the establishment of the Probate Court." Bill read first time.
On motion of Mr. Gowan the rule was suspended, bill read second and third time, and passed forthwith, title standing as stated.
Senate bill entitled "An act for the relief of Charles R. Davis." Bill read first time and on motion of Mr. Wynne, the rule was suspended, bill read second and third time and passed forthwith, title standing as stated.
Senate bill entitled "An act in relation to the venue in suits against defaulting public officers and debtors to the State." Bill read first time and on motion of Mr. Gowan, the constitutional rule was suspended, bill read second and third time and passed forthwith, title standing as stated.
Senate bill entitled "An act to amend an act entitled an act to amend the law relative to suing out the writ of Habeas Corpus, approved December 5, 1863." Bill read first time, and on motion of Mr. Gowan, bill was read a second time under a suspension of the rule, and on motion of Mr. Upshaw referred to the Judiciary Committee.
Senate bill entitled "An act to authorize Probate Judges and Justices of the Peace to administer oaths in certain
cases." Read first time, and on motion of Mr. Upshaw, bill read second time under a suspension of the rule.
Mr. Irby moved to refer to the Judiciary Committee--lost.
On motion of Mr. Upshaw, rule suspended, bill read third time and passed, title standing as stated.
On motion of Mr. Fox, House concurred in Senate amendment to House resolution in relation to General Joseph E. Johnston.
On motion of Mr. Dancer House concurred in Senate amendment to House bill entitled "An act to authorize the Board of Police, in the county of Tippah, to borrow money from the Treasurer of the School Fund of said county."
On motion of Mr. Johnson, of Wilkinson, the House concurred in Senate amendment to House bill entitled "An act to remove the civil disabilities of Daniel Cohen, a minor of Wilkinson county:
On motion of Mr. Seal, of Hancock, House concurred in Senate amendment to House bill entitled "An act to remove the civil disabilities of Evander H. Russ, a minor of Hancock, county"
The following message was received from the Governor, through Hon. C. A. Brougher, Secretary of State:
EXECUTIVE OFFICE,
COLUMBUS, February 27, 1865.
Gentlemen of the House of Representatives:
Your resolution of inquiry "touching a contract and its execution providing for the importation into this State, through the enemy's lines, of cotton cards and medicines," has been presented to me. A few days after your adjournment in December, 1863, I sent an agent to Richmond to procure authority and make the necessary arrangements for obtaining from the enemy's lines cotton cards, medicines, and some other articles of prime necessity in exchange for cotton. This authority was not granted; the act passed by Congress to confer such power on the States having failed to receive the approval of the President. I subsequently submitted my correspondence with the Secretary of War to Lieut. Gen. Polk, who, appreciating the necessity of the measure, promised to issue the required orders. This was prevented by his removal from the Department. Lieut. Gen. Lee, however, on the matter being presented to him, promptly issued the orders to permit the goods ordered by me to be brought in, and cotton taken out to pay for them. I do not consider it proper, at the present time, to make the contract public, I will submit them to the examination of a committee of your body if desired, and they can report them to you if they see proper. Nothing has been done by me in the premises without the full knowledge of the Commander of this Department, and lest frauds might have been committed by the use of those orders, by unauthorized persons, the whole of the transactions were voluntarily
communicated by me to the District Attorney and the Grand Jury of the Confederate Court at Jackson in November last. The contracts are in writing, and the contractors sworn to use the permits for no other purpose than that designated in them. The goods to be introduced were medicines, cotton and wool cards, needles, shears, and some few other implements of domestic industry. The aggregate value of the artlcles contracted for was not less than four millions of dollars in our paper--the whole amount of cotton to be transmitted less than twenty five hundred bales. The cost of the articles to the State would not have exceeded two hundred thousand dollars ($200,000) in our currency. The timid and vacillating policy of the War Department has prevented the execution of these contracts. The failure to produce these supplies, so much needed by our people, cannot be attributed to want of energy on the of the contractors. I diligently and earnestly pursued this object, and all obstacles had been overcome, except those presented by the government, and I shall avail myself of every legal means to accomplish it hereafter. About one thousand pair of cotton cards have been procured and distributed under my orders to the counties of Tippah, Tishemingo, Pontotoc, Itawamba, and the counties east of Pearl River and south of the Southern Rail Road. No medicines, except one hundred ounces of quinine, have been received. No cotton has been sent out in exchange, the orders having been revoked before even the small amount was sent out which contractors were, by their permits, authorized to transmit through the lines. I have sent for all the papers and correspondence in relation to this matter, and will be pleased to have an opportunity of laying them before your committee.
I deem the policy of the Confederate Government on this subject unwise and injurious. Its only effect has been to inaugurate a system of fraud, to demoralize the troops on the frontier, to enhance the profits of illegal traffic, and to prevent our people, except at enormous cost, from obtaining articles of prime necessity, even the implements of industry with which they might manufacture clothing for the people and the army. It is to be hoped that before its adjournment, Congress will so modify the law, as to enable the people, under proper regulations and restrictions, and through authorized channels, to be supplied with these articles, without which not only all manufactories, but agriculture and the mechanic arts must cease. What difference is there in morals or policy in sending cotton to Boston by way of Nassau, or of Memphis? At least, the Confederate Government raise Quarter masters from the position of peddlers of cotton cards, cotton yarns and cooking utensils, to the dignity of merchants. If the Government be the sole trader, let it fulfill the duty of supplying its customers at reasonable rates for cash.
Last winter during extreme cold weather, I visited the State Lunatic Asylum. I found many of the inmates so insufficiently clothed that but for the admirable arrangements for warming the apartments, intense suffering would have ensued. I saw patients without socks or shoes, their feet only protected by bandages of rags. On representing these things to the commander of the department, a permit was given, endorsed by me, to Dr. Kells, the snperintendent, to carry 104 bales of cotton, then the property of the
Asylum, to Vicksburg, to exchange for clothing and other necessary supplies. Twenty-seven bales were taken out under this order, and sold in Vicksburg for about $14,000, and the money invested in clothing, medicines and other supplies. For want of transportation, about one third of that was left in Vicksburg, and the orders under which he acted having been shortly after revoked by the orders of Lt. Gen. Taylor against the transportation of goods from the enemy's lines. These goods have been lost. These operations were not made secretly. They were openly effected by one who cenceived that he was acting under proper authority, and performing an official duty to the State and for the benefit of the asylum yet, while thousands of the guilty escaped, this meritorious, officer has been indicted for the supposed offence in the District Court of the Confederate States. The Judge of that Court--Hon. A. M. Clayton--informed me that he had presented a statement of the facts to the Attorney General of the Confederate States, and it is expected that the case will be dismissed and the superintendent honorably discharged. Dr. Kells is one of the most faithful, laborious and accomplished officers in the State service, whose conduct as an officer is without reproach, and whose character as a man is without stain.
CHARLES CLARK.
On motion of Mr. Johnson of Desoto, the Governor's message was taken up and read, and,
On motion of Mr. Reagan, was referred to select committee of five.
The Speaker appointed as said committee, Messrs. Reagan, McLemore, Stricklan, Hicks and Powe.
Mr. Bestor presented the petition of M. Greenhood of Clarke county.
Which, on his motion was referred to the Committee on Propositions and Grievances, without reading.
Mr. Seal of Harrison, from the Judiciary Committee, made the following report, which was received and agreed to:
MR. SPEAKER:--The Judiciary Committee to whom was referred a bill entitled "An act to authorize executors, administrators and guardians, to carry on tanneries, and for other purposes," have had the same under consideration. The committee have adopted a substitute for said bill, and report the substitute back, with a recommendation that it do pass.
And, on his further motion, the bill was read second and third times, under a suspension of the rule, and passed forthwith, title standing as stated.
Mr. Wells, from the Committee on Proposition and Grievances,
made the following report, which was r