Library of Congress Subject Headings, 21st edition, 1998 P>Languages Used:

• English

LC Subject Headings:

• Legislation -- Mississippi.
• Legislative journals -- Mississippi.
• Secession -- Mississippi.
• Mississippi -- Politics and government -- 1861-1865.
• Mississippi -- History -- Civil War, 1861-1865 -- Law and legislation.

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JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF MISSISSIPPI. CALLED SESSION, January, 1861.

Printed by Order of the Legislature.

JACKSON:
E. BARKSDALE, STATE PRINTER.
1861.

JOURNAL.

        At a Special Session of the Legislature of the State of Mississippi begun and held in pursuance of the Constitution and the Governor's Proclamation, at the State House in the city of Jackson, in the county of Hinds, State of Mississppi, on Tuesday the 15th day of January, A. D. 1861, and the sovereignty of the State of Mississippi, the forty third.

TUESDAY, JANUARY 15, 1861.

        Be it remembered, That on this day, at the place above mentioned, being the time and place designated for the assemblage of the Legislature of the State of Mississippi, the members of the House of Representatives convened in the Representatives Hall at 1 o'clock, P. M.

        The House was called to order by Mr. Speaker Campbell.

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

        Mr. Speaker Campbell, Messrs. Augustus, Barden, Bishop, Backstrom, Coffey, Claiborne, Denny, Evans, Ellis of Copiah, Graham Gilstrap, Gasque, Henley, Hooker of Lawrence, Hooker of Hinds, Hall of Lauderdale, Holmes, Jones of Sunflower, Keith, Knox, Love, Matthews, Tisdale, Tolson, Wheeler, Winburn, Weathersby and West--29.

        No quorum appearing,

        On motion of Mr. Matthews,

        The House adjourned until to-morrow at 3 o'clock, P. M.

WEDNESDAY, JANUARY 16, 1861

        The House met pursuant to adjournment.

        Wm. C. Bromley member elect from the county of Itawamba to fill the vacancy occasioned by the death of John Walker, appeared, was sworn in and took his seat.

        Upon a call of the roll, and no quorum appearing,

        On motion of Mr. Dunlap, a call of the House was ordered.

        A quorum appearing,

        On motion of Mr. Rogers, the further call of the House was suspended.

        The following message was received from the Senate through their Secretary:

        MR. SPEAKER--

        I am instructed to inform the House of Representatives that the Senate has met and organized by the election of Henry T. Ellett of Claiborne, President pro tem, and is now ready to proceed to business.

        The Journal of yesterday was read and

        On motion of Mr. Clark,

        The Preamble was amended by striking out so much as refers to the United States of America.

        On motion of Mr. Hooker,

        Resolved, That a committee of five on the part of the House and--on the part of the Senate be appointed to wait upon the Governor and inform him that the two Houses had organized and are ready to receive any communication he may be pleased to make.

        The Chair appointed as said committee, Messrs. Hooker, Smedes, Bell, Withers and Jones of Scott.

        On motion of Mr. Dunlap,

        The clerk was requested to inform the Senate that the House had organized and is ready to proceed to business.

        On motion of Mr. Jones of Sunflower,

        Resolved, That the occupation of this Hall will be yielded by the House of Representatives to the State Convention from and after the hour of 2 o'clock, P. M. on each day while both bodies are in session.

        The following message was received from the Senate:

        MR. SPEAKER--

        The Senate has concurred in the joint resolution of the House of Representatives raising a joint committee to wait on his Excellency the Governor, &c., and the President has appointed on the part of the Senate, Messrs. Neill, Catchings and Buck as said committee.

        Mr. Hooker from the joint select committee appointed to wait upon the Governor, made the following report:

        MR. SPEAKER--

        The committee appointed to wait upon the Governor beg leave to report that they have discharged the duty assigned them and that the Governor will communicate at once in writing to both Houses of the Legislature.

        On his motion the report was received and agreed to.

        The following message was received from the Governor through his Private Secretary Mr. Campbell:

        MR. SPEAKER--

        I am requested by the Governor to deliver to the House of Representatives a message.

Executive Office,
Jackson, Miss., Jan. 15th, 1861.

Gentlemen of the Senate and House of Representatives:

        Regarding it certain that the Convention which is now in session, would dissolve the connection between the State of Mississippi and the United States, and make many and important changes in the organic law of the State, thus rendering much ordinary legislation necessary to harmonise the statute law with the amended Constitution, and to provide for the wants of the State in the new relation she may assume, I have convened the Legislature in extraordinary session. You meet under perplexing and novel circumstances, such as never surrounded any former session of the Legislature of this State. Numerous, grave, and new questions growing out of the present relations of Mississippi with the surrounding States, must be met and solved at your present session.

        Since your adjournment, events of the gravest moment have followed each other with unprecedented rapidity.

        The hopes of the most sanguine friends of the Southern cause seem about to be realized in the formation of a Southern Confederacy, embracing a very large majority, if not all the slave-holding States. South Carolina in an ordinance passed on the 20th day of December, 1860, has seceded from the Federal Union. The Convention of the people of Mississippi, called at your late session, passed an Ordinance of Secession on the ninth day of January, A. D. 1861, a copy of which is herewith transmitted, marked A. Florida followed with her Ordinance of Secession on the 10th. Alabama took her place with the seceding States on the eleventh day of the present month.

        The States of South Carolina Georgia, North Carolina, Alabama, and Louisiana have taken possession of the Forts and Arsenals within their limits, and Florida is now attempting to take possession of such of the forts as she deems necessary for her safety. Alabama has sent to her aid a considerable force and

seven companies of volunteers, of this State, have been sent from the counties of Chickasaw, Lowndes, Noxubee, and Clark, to aid Florida and Alabama in taking possession of the Forts and Navy Yard at Pensacola.

        The result of the expedition is not yet known to me.

        Major Mims was sent by me to meet the Mississippi Volunteers at Enterprise, with instructions to provide them all necessary camp equipage and provisions, that the sons of Mississippi might not be required to suffer more privations and hardships than are necessarily incident to the life of a soldier.

        Being advised by the Governor of Louisiana that he had reason to believe that an expedition would be sent down the Mississippi river to re-inforce the Garrisons of the Forts and Arsenals of that State, I sent Capt. Kerr with sixteen of the Jackson Artillery Company, and ordered Capt. H. H. Miller to call out the Volunteer Companies of Vicksburg, and take such position as would enable him to prevent any hostile expedition from the Northern States descending the river. Learning that the Forts and Arsenals were fully garrisoned by Louisiana, I have directed Capt. H. H. Miller to withdraw his forces from the position they had taken. As soon as I was informed that the Governor of Louisiana had taken the Arsenal at Baton Rouge, I sent Col. C. G. Armstead with a letter to Governor Moore, requesting him to furnish Mississippi with ten thousand stand of arms, on such terms as he might deem just. Col. Armstead informs me that his Excellency has responded to my request by ordering eight thousand Muskets (8,000), one thousand Rifles, and six twenty-four pound guns, with carriages, and a considerable amount of ammunition to be delivered to him, which will be shipped to Mississippi as soon as possible.

        This act of friendship and confidence from our sister State, I hope will be fully appreciated and duly acknowledged by the Legislature and people of Mississippi.

        Finding the State pressed by emergencies which were neither foreseen nor provided for, I have done only what I deemed demanded by the interest, safety, and honor of the people of Mississippi; trusting that a magnanimous constituency would judge leniently the acts of an Executive officer placed in so novel and trying positions.

        From the Treasurer's Report, a copy of which is herewith tansmitted to the Legislature, it will be seen that I have drawn from the Treasury on account of the appropriation, for the pur chase of arms, ammunition, &c, thirty-nine thousand, three hundred eleven dollars and twenty one cents, ($39,311.21.) Contracts for a considerable amount of arms, and munitions of war have been made, which have not as yet been complied with; the arms not hving been received or paid for. Other contracts have probably been made by agents appointed by me for that purpose.

After paying all contracts now made, or authorized to be made, there will be a considerable balance of the appropriation of one hundred and fifty thousand dollars ($150,000), made at the last regular session of the Legislature. Patriotic citizens in various portions of the State, have extended to me pecuniary aid in arming the State. The Hon. Hal. C. Chambers, of Coahoma, gave me an order for one hundred bales of cotton. Col. Miles McGehee, and Hon. Chas. Clark, gave me a draft for the proceeds of the sale of one hundred bales each. Hon, A. G. Brown sent me a bill on New York for five hundred dollars ($500). Major John M. Graves gave me his draft for two hundred ($200) and Mr. Burwell Scott his draft for one thousand dollars ($1,000). Col. R. S. Rayburn, of Tallahatchie county has presented to the State one hundred kegs of powder

        For these sums, when realized, I propose to return Auditor's warrants, drawn as part of the hundred and fifty thousand appropriation for the purchase of arms, notwithstanding many of the gentlemen regarded their offering as a donation, and some still so regard it. Col. Jeff. Davis and Hon. Jacob Thompson have guaranteed the payment, in May or June, of twenty-four thousand dollars ($24,000), for a purchase of arms.

        The Mobile and Ohio Railroad Company have tendered me the free use of their Road for the transportation of troops and munitions of war whenever the State may require it, placing at the disposal of the Governor of the State extra trains, when required, free of all charge. The Mississippi Central Railroad Company, through their President, W. Goodman, has tendered the services of all men now employed on that Road in case of invasion, and the use of the Road for transportation on favorable terms, to be arranged hereafter

        Hon. Madison McAfee has become responsible for a considerable amount for the purchase of ammunition--all of which I shall be able to meet out of the appropriation already made. Many other patriotic citizens have tendered me similar aid, which has not yet been accepted. It is with pride and pleasure that I have further to inform the Legislature, that all citizens on whom I have called to aid me in the purchase of arms and ammunition, have gone wherever I requested, and performed any service I required, without asking or accepting fee, or reward for their services. I renew my recommendation made to you at your last session: That all volunteer companies be placed on the "same" footing in regard to pecuniary aid from the State, and that a sufficient sum be appropriated to each company to defray all necessary expenses.

        In compliance with a resolution passed at the last session of the Legislature, I have appointed--

        The Hon. Henry Dickinson, Commissioner to the State of Delaware.

        The Hon. A. H. Handy, Commissioner, to the State of Maryland.

        The Hon. Walker Brooke and the Hon. Fulton Anderson, Commissioners to the State of Virginia; The Hon. Jacob Thompson, Commissioner to the State of North Carolina; The Hon. G. S. Gaines, Commissioner to the State of Florida; The Hon. W. L. Harris and the Hon. Thos. W. White, Commissioners to the State of Georgia; The Hon. W. S. Featherston, Commissioner to the State of Kentucky; The Hon. Thos. J. Wharton, Commissioner to the State of Tennessee; The Hon. Joseph W. Matthews, Commissioner to the State of Alabama; The Hon. Daniel R. Russel, Commissioner to the State of Missouri; The Hon. Geo. R. Fall, Commissioner to the State of Arkansas; The Hon. Wirt Adams, Commissioner to the State of Louisiana; and Capt. H. H. Miller, Commissioner to the State of Texas; and the Hon. C. E. Hooker, Commissioner to the State of South Carolina.

        The reports of such of the above named Commissioners as have returned and reported to me are herewith transmitted.

        [See Appendix.]

        Col. Armistead, Burt, and Hon. E. W. Pettus, Commissioners from the State of South Carolina and Alabama, have visited the State of Mississippi, seeking her co-operation in the formation of a Southern Confederacy.

        From the facts stated in the preceding part of this Message, the Legislature will perceive that a state of hostilities already exists between the seceding States and the Government at Washington, which may be soon followed by open war. It is yet possible that this may be averted. Justice and prudence on the part of the Southern people, in my opinion, may possibly avert it; and if not, will certainly mitigate its evils. But whether peace or war be the destiny of the State, a due observance of law and obedience to the constituted authorities are the only guarantees of a people for success, safety, or civilization.

        We have embarked upon a stormy sea, and much of the peril which attends our voyage is to be apprehended from the thoughtlessness and passions of our own crew. Law and order must prevail, or there is no safety for the ship. For these reasons I recommend that more stringent laws be passed for the punishment of crime of exciting insurrection, that individuals, or associations of individuals may not be required to incur the responsibility of inflicting punishment without the forms of law, to save their homes from the incendiary, and that all punishments may be inflicted by Courts, regularly constituted by law.

        I further recommend that the most prompt and efficient measures be adopted to make known to the people of the Northwestern States, that peaceful commerce on the Mississippi river will be neither interrupted or annoyed by the authorities or people of Mississippi. This in my opinion will materially aid in preserving

peace between the Northwestern and the Southern States, if it can be preserved.

        But if this may not be, if justice, prudence and moderation on our part cannot save us from war and invasion, there will then be nothing left for Mississippi but to lay her lance in rest and cry God defend the Right.

JOHN J. PETTUS.

        On motion of Mr. Chambers the message was laid on the table.

        Mr. Chambers moved that 500 copies be printed.

        Mr. Clark moved to print 5,000 copies.

        Pending the motions to print,

        The message was referred to the committee on Printing.

        Mr. Matthews offered the following resolution,

        Resolved, That a committee of five on the part of the House and--on the part of the Senate be appointed to wait on the Hon. Armstead Burt, Commissioner from the State of South Carolina, and Hon. E. W. Pettus, Commissioner from the State of Alabama, and invite them to seats in the House and Senate and also to extend them the hospitality of the State during their stay therein.

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

        The Chair appointed as the Committee on part of the House, Messrs. Matthews, Jones of Sunflower, Bishop, Withers and Lake.

        On motion of Mr. Clark,

        Resolved, That the members of the Convention be and they are hereby invited to take seat within the bar of the House during the session thereof, and that the clerk of this House communicate this resolution to the Convention.

        The following message was received from the Senate.

        MR. SPEAKER--

        The Senate has concurred in joint resolution of the House of Representatives in relation to the Commissioners of South Carolina and Alabama, and the President has appointed on the joint committee to wait on them, on the part of the Senate, Messrs. Thomson, Starke and Davis.

        Mr. Chambers offered the following resolution.

        Resolved, The Senate concurring, that the present extraordinary session of the Legislature having been convened by the Governor to deliberate upon such measures of legislation as may be demanded by the present position of the State of Mississippi to the government of the United States, to secure the safety and promote the interests of the people of the State, it will be considered by the Legislature as its duty at its present session to enact all requsite laws within the scope of its powers under the Constitution which authorized the election and defined the powers of

members of this body and it is hoped and desired that the Convention of the people of the State now in session at the Capitol and convened under an act of the Legislature will suspend or remove such provisions of the constitution as might restrain the Legislature from the enactment of laws necessary and proper under the altered relations of the State of Mississippi to the Government of the United States.

        Resolved, That the clerk of the House is hereby instructed to transmit to the President of the Convention a certified copy of this resolution.

        On motion of Mr. Chambers,

        The rule was suspended and the resolutions adopted.

        On motion of Mr. Scales,

        The House adjourned until 9 o'clock to-morrow morning.

THURSDAY, JANUARY 17, 1861.

        The House met pursuant to adjournment.

        Upon a call of the roll and no quorum appearing,

        On motion of Mr. Rogers,

        A call of the House was ordered.

        A quorum appearing,

        On motion of Mr. Bell,

        The further call of the House was suspended.

        The journal of yesterday was read and approved.

        The Speaker announced that the Door-Keeper of the House was temporarily absent.

        On motion of Mr. Hicks,

        The Speaker was authorized to make a temporary appointment.

        The Speaker appointed Mr. Samuel Pool.

        On motion of Mr. Augustus,

        The Door-Keeper was instructed to furnish each member of this House with a copy of the Revised Code.

        Mr. Knox made the following report.

        MR. SPEAKER--

        The joint standing committee on printing to whom was referred the motion to print certain extra copies of the Governor's message, have had the same under consideration and have instructed me to report the following joint resolution, and to recommend its adoption, to-wit.

        Resolved by the Legislature of the State of Mississippi, That two thousand copies of the message of the Governor without the

accompanying documents be printed for the use of the two houses of the legislature.

        On motion of Mr. Knox,

        The report was received and agreed to.

        On his further motion, the rule was suspended and the resolution adopted.

        Mr. Bishop offered the following resolution.

        Resolved, The Senate concurring, that this Legislature adjourn on Friday the 18th inst., to meet again on the third Monday in February, 1861.

        On his motion the rule requiring joint resolutions to lie one day on the table was dispensed with.

        On motion of Mr. Claiborne,

        The resolution was laid on the table.

        Mr. Matthews made the following report.

        MR. SPEAKER--

        The committee on the part of the House, appointed under a joint resolution to wait on Hon. Armstead Burt, Commissioner from the State of South Carolina and invite him to a seat in the House and Senate, and to become the guest of the State, report they have performed the duty assigned them, and that the Hon. Commissioner accepts the courtesy tendered as an expression of the fraternal regard and sympathy of the people of Mississippi for the people of South Carolina.

        On motion of Mr. Matthews,

        The report was received and agreed to.

        Mr. Graham gave notice that he would on to-morrow or some future day introduce a bill to provide for the sale of the public lands within this State.

        Mr. Chambers gave notice that he would on to-morrow or some future day introduce a bill to provide a stay on judgements and executions and for other purposes.

        Mr. Hooker presented the petition of Amos R. Johnston and other citizens of the county of Hinds praying the passage of a law for the relief of Octavus McGowan a minor.

        Mr. Hooker moved that the petition be refered to a select committee of five.

        Mr. Smedes moved its reference to the standing committee on Propositions and Grievances.

        Mr. Hooker moved to lay the motion on the table,

        Which was lost.

        The question was then taken on the motion to refer the petition to the committee on Propositions and Grievances, and decided in the affirmative.

        Mr. Scales asked and obtained leave of the House to have spread upon the Journal the following resolution offered by him on yesterday as a substitute to the resolution offered by Mr.

Chambers, the same having been omitted in the proceedings of yesterday, to-wit:

        Resolved, That it is the sense and desire of this House that the Convention should at as early a period as possible indicate to the Legislature what course they intend to purse in reference to that legislation for which this body was convened.

        The following message was received from the Senate.

        MR. SPEAKER--

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

        Resolved, The House of Representatives concurring, that the joint standing rules of the two Houses be so amended as to change the name of the joint standing committee on State and Federal Relations to that of a committee on Foreign Affairs.

        Mr. Smedes moved to call from the table the joint resolution in relation to the adjournment of the Legislature.

        Which was decided in the negative by yeas and nays called for by Messrs. Jones of Sunflower, Smedes and Clark.

        YEAS.--Messrs. Adams, Bishop, Bell, Byrne, Clark, Coffey, Ellis of Copiah, Hooker of Lawrence, Hicks, Holmes. Jones of Scott, Jones of Sunflower, Long, Lake, Matthews, McDonald, Smedes, West and Walworth--19.

        NAYS.--Mr. Speaker, Messrs. Augustus, Barden, Bromley, Backstrom, Barksdale, Chambers, Claiborne, Duncan, Denning, Dantzler, Dunlap. Evans, Gage, Graham, Gilstrap, Gasque, Hamilton, Hooker of Hinds, Hall of Lauderdale, Hall of Leake, Knox, Love, McRae, Rogers, Reid, Scales, Smylie, Smith of Jones, Tisdale, Van Eaton, Wilson, Wheeler, Winburn, Withers, Weathersby, and Walker--37.

        On motion of Mr. Matthews,

        The House concurred in the joint resolution of the Senate to amend the joint standing rules of the two Houses so as to change the name of the joint standing committee on State and Federal Relations to that of a committee on Foreign Affairs.

        Mr. Dantzler by leave introduced a bill to be entitled an act to change the time of holding the Probate Court of Jasper county.

        Which was read the first time.

        On his motion, the rule was suspended, the bill read the second and third times forthwith and passed with title as stated.

        Mr. Hicks by leave introduced a bill to be entitled an act to change the name of the Fayette Female Academy of Jefferson county.

        Which was read the first time.

        On his motion the rule was suspended, the bill read tho second and third times forthwith and passed with title as stated.

        Mr. Hooker of Lawrence by leave, introduced a bill to be

entitled an act to extend the time of holding the Circuit Court in Lawrence county.

        Which was read the first time,

        On his motion the rule was suspended, the bill read the second and third time forthwith and passed with title as stated.

        Mr. Graham gave notice that he would on to-morrow or some early day of the session introduce

        A Bill to prevent suits for debts against southern soldiers while in actual service,

        A Bill to punish persons uttering abolition sentiments,

        A Bill to punish hawking and pedling,

        A Bill to exclude free negroes from the State.

        A Bill to exclude foreigners from the elective franchise.

        Mr. Van Eaton announced to the House the death of the Hon. C. E. Frith late a member of this House, from the county of Amite, and submitted the following preamble and resolution, which was unanimously adopted:

        The House of Representatives having been officially informed of the death of Hon. C. E. Frith late member thereof from the county of Amite, and recognizing in this afflictive disposition of an all wise Providence the loss to this House of a useful, attentive and courteous member, to the State of a worthy and promising son, and to the social circle of a generous and agreeable companion; therefore, be it

        Resolved, That with a feeling of deep regret and sorrow, for the loss of our late estimable, and worthy brother, and as a token of respect for his memory, this House do now adjourn.

        Mr. Smedes offered the following resolution:

        Resolved, That this House adjourn until Saturday morning next at 9 o'clock and that the Convention have the use of this Hall for the entire day of Friday and that the clerk notify the President of the Convention thereof

        Which was lost.

        On motion of Mr[.] Van Eaton,

        The House adjourned until 9 o'clock to-morrow morning.

FRIDAY, JANUARY 18, 1861.

        The House met pursuant to adjournment.

        The Journal of yesterday was read and approved.

        Mr. Chambers by leave introduced,

        A bill to be entitled,

        An act declaring parts of Hobsons and Cassedys Bayous navigable streams.

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

        Mr. Love by leave introduced,

        A bill to be entitled,

        An act for the relief of Kemper country,

        Which was read the first time.

        Mr. Love moved a suspension of the rule,

        Which was lost.

        Mr. Henly by leave introduced,

        A bill to be entitled

        An act to amend the several acts incorporating the town of

        Boloxi in Harrison county and for other purposes.

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

        Mr. Hill by leave introduced,

        A bill to be entitled,

        An act to authorize L. W. Galbraith to appoint a deputy county

        Treasurer for the county of Chickasaw,

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

        Mr. Dantzler by leave introduced,

        A bill to be entitled

        An act to provide food for the poor and destitute citizens of Jasper county.

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

        Mr. Walworth by leave introduced a bill,

        To be entitled an act to amend an act entitled an act to amend and reduce into one the act incorporating the city of Natchez and the several acts amendatory thereto.

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

        Mr. Matthews by leave introduced,

        A Bill to be entitled

        An act for the relief of Isham P. Trotter,

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

        On motion of Mr. Augustus,

        Resolved, That the Judiciary committee be instructed to examine the ordinances that have been passed by the Convention which is now in session and report to the House what immediate legislation (if any) is necessary to be enacted by the Legislature to carry out such ordinances.

        Mr. Graham by leave introduced,

        A Bill to be entitled,

        An act providing for the sale of certain public lands.

        Which was read twice under a suspension of the rule, and

        On motion of Mr. Hooker of Hinds,

        Referred to the Judiciary Committee.

        Mr. Lake by leave introduced joint resolutions acknowledging the receipt of arms and amnunition from the Governor of Louisiana.

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

        Mr. Tolson by leave introduced,

        A Bill to be entitled,

        An act for the relief of W. G. Grace.

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

        Mr. Hooker of Hinds, by leave introduced,

        A bill to be entitled,

        An act to dispose of the funds arising from the sale of slaves out of the county jails.

        Which was read twice under a suspension of the rule, and

        Referred to the Judiciary Committee.

        On motion of Mr. Lake,

        Resolved, That so much of the Governor's message as relates to providing punishment for the crime of inciting insurrection be referred to the Judiciary Committee.

        On motion of Mr. Matthews,

        The resolution in relation to the adjournment of the Legislature was called from the table.

        Mr. Matthews offered the following amendment:

        Amend by striking out all after the word "on" in the second line and inserting the following words, "Saturday the 19th inst., at 12 o'clock, M. sine die.

        Mr. Graham moved to lay the resolution and amendment on the table.

        Which was lost.

        The question was then taken on the adoption of Mr. Matthews' amendment and decided in the negative by yeas and nays called for by Messrs. Clark, Matthews and Hooker of Hinds.

        YEAS.--Messrs. Adams, Augustus, Barden, Bell, Coffey, Duncan, Gilstrap, Hicks, Hall of Lauderdale, Holmes, Jones of Sunflower, Knox, Long, Lake, Matthews, McDonald, Pipes, Rogers, Scales, Trotter, Tisdale, Van Eaton, Wilson, Wheeler, Winburn, Withers, West and Walworth--28.--

        NAYS.--Mr. Speaker, Messrs. Bugg, Bromley, Bradford, Backstrom, Byrne, Barksdale, Chambers, Claiborne, Denney, Dantzler, Dunlap, Dean, Evans, Ellis of Copiah, Gage, Graham, Gasque, Hamilton, Hill, Henley, Hooker of Hinds, Hooker of Lawrence, Hall of Leake, Jones of Scott, Keith, Lyles, Love, Merinar, Reid, Smylie, Smith of Jones, Tolson and Walker--34.

        Mr. Hooker of Hinds, offered the following amendment,

        Amend by striking out all after the word "resolved," in the original resolution and inserting "that the Legislature adjourn on

to-morrow the 19th inst., at 12 o'clock M., to meet again on the 2d Monday of Feb., 1861.

        Mr. Augustus moved,

        To lay the original resolution and amendment on the table,

        Which was decided in the negative by yeas and nays, called for by Messrs. Hooker of Hinds, Jones of Sunflower and Wal-worth:

        YEAS--Messrs. Augustus, Bugg, Bromley, Bradford, Backstrom, Claiborne, Denney, Dantzler, Evans, Graham, Gasque, Hill, Henley, Hall of Lauderdale, Hall of Leake, Holmes, Keith, Knox, Lyles, Matthews, Merinar, Scales, Smylie, Smith of Jones, Trotter, Tolson, Van Eaton, Wilson and Walker.--28.

        NAYS--Mr. Speaker, Messrs. Adams, Barden, Bell, Byrne, Barksdale, Clark, Chambers, Duncan, Dunlap, Dean, Ellis of Copiah, Gage, Gilstrap, Hamilton, Hooker of Hinds, Hooker of Lawrence, Hicks, Jones of Scott, Jones of Sunflower, Long, Love, Lake, Martin, McDonald, Pipes, Rogers, Reid, Tisdale, Wheeler, Winburn, Withers and Walworth.--34.

        The question was then taken on the adoption of Mr. Hooker's amendment and decided in the affirmative.

        The question was then taken on the adoption of the resolution as amended and decided in the affirmative by yeas and nays, called for by Messrs. Rogers, Hooker of Hinds and Walworth:

        YEAS--Mr. Speaker, Messrs. Adams, Augustus, Barden, Byrne, Barksdale, Coffey, Chambers, Duncan, Dunlap, Dean, Ellis of Copiah, Gage, Gilstrap, Hamilton, Hooker of Hinds, Hooker of Lawrence, Hicks, Hall of Leake, Jones of Scott, Jones of Sunflower, Keith, Long, Love, Lake, McDonald. Pipes, Reid, Tisdale, Wheeler, Winburn, West and Walworth.--33.

        NAYS--Messrs. Bugg, Bromley, Bradford, Bell, Claiborne, Denney, Dantzler, Evans, Graham, Gasque, Hill, Hall of Lauderdale, Holmes, Knox, Lyles, Merinar, Rogers, Scales, Smylie, Smith of Jones, Trotter, Tolson, Van Eaton, Wilson, Withers and Walker.--26.

        The following message was received from the Senate,

        MR. SPEAKER--

        The Senate has concurred in the joint resolution providing for the printing of 2,000 copies of the Governor's message.

        On motion of Mr. Gage,

        The House adjourned until 9 o'clock to-morrow morning.

SATURDAY, JANUARY 19, 1861.

        The House met pursuaut to adjournment.

        The Journal of yesterday read and approved.

        The Speaker presented the following communication from the State Convention:

Hall of the House of Representatives,
City of Jackson:

REPUBLIC OF MISSISSIPPI, Jan 18th, 1861.

MR. SPEAKER--

        I am instructed to lay before your honorable body the accompanying resolution, passed by the Convention of the people of the State of Mississippi, Jan. 18th, 1861.

        Resolved, That a committee of five be appointed by the President of this Convention to confer with a general committee of like number of the Senate and House of Representatives, as to the course which the two bodies propose to adopt in regard to the various subjects of legislation growing out of the present position of the State; and also as to the propriety of the adjournment of one of the said bodies a future day, and that the said two Houses of the Legislature be invited to concur in the proposed conference between the said two Houses and this Convention.

I have the honor, &c.,

F. A. POPE,
Secretary of the Convention.

        Mr. Matthews offered the following joint resolution,

        Resolved, the Senate concurring, That a Committee of Conference of five on the part of the House and--on the part of the Senate be appointed to confer with a committee appointed by the State Convention to ascertain whether there is any public interest to be promoted by the simultaneous session of the State Convention and the Legislature, and whether there will be an occasion for the re-assembling of the Legislature after the adjournment of the Convention and to report as soon as practicable.

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

        The Chair appointed as the committee on the part of the House,

        Messrs. Matthews, Chambers, Hooker of Hinds, Suratt and Backstrom.

        Mr. Matthews presented the petition of T. H. Witleford and others,

        Which was referred to the committee on Ways and Means.

        Mr. Chambers, according to notice, introduced,

        A bill to be entitled,

        An act to authorize a stay on execution for a limited time,

        Which was read twice under a suspension of the rule,

        And referred to the Judiciary Committee.

        Mr. Chambers by leave introduced,

        A bill to be entitled,

        An aet to suspend action for the recovery of debt for a limited period,

        Which was read twice under a suspension of the rule,

        And referred to the Judiciary Committee.

        The House proceeded to consider the orders of the day.

        The House bill to be entitled,

        An act for the relief of Kemper county,

        Was read the second time and,

        On motion of Mr. Matthews,

        Referred to the Committee on Internal Improvement.

        Mr. Gage by leave introduced,

        A bill to be entitled,

        An act to amend the Constitution of the State of Mississippi in relation to the election and jurisdiction of Justices of the Peace,

        Which was read twice under a suspension of the rule and

        On motion of Mr. Lake,

        Referred to the Judiciary Committee.

        Mr. Graham by leave introduced.

        A bill to be entitled,

        An act for the relief of J. D. Terrell, a minor of Covington county,

        Which was read twice by the title under a suspension of the rule and

        Referred to the committee on Propositions and Grievances.

        Mr. Adams offered the following resolution,

        Which was adopted.

        Resolved, That the Committee on Military Affairs, be instructed to enquire into the expediency of establishing a State Armory for the manufacture of ordance, small arms, and fixed amunition, and that they be requested to report by bill or otherwise at the earliest day practicable.

        Mr. Dantzler by leave introduced,

        A bill to be entitled,

        An act to incorporate the Garlandsville Seminary,

        Which was read three several times under a suspension of the rule and passed,

        The title standing as stated.

        The following message was received from the Senate,

        MR. SPEAKER--

        The Senate has passed the following House bill,

        An act to provide food for the poor and destitute citizens of Jasper county;

        All act to extend the title of holding the Circuit court of Lawrence county;

        An act to change the name of the Fayette Female Academy, of Jefferson county;

        An act to declare parts of Hopson's and Cassidy's bayous navigable streams;

        An act for the relief of W. G. Grace;

        An act for the relief of Isham P. Trotter;

        An act to change the time of holding the Probate court of Jasper county;

        An act to amend an act entitled "an act to amend and reduce into one the act incorporating the city of Natchez, and the several acts amendatory thereto;

        The Senate has also passed the House bill entitled,

        An act to authorize L. W. Galbraith to appoint a deputy county treasurer for the county of Chickasaw,

        And has adopted an amendment thereto in which the concurrence of the House is desired.

        The Senate has also adopted a joint resolution in relation to waste and unappropriated lands, in which the concurrence of the House is asked.

        On motion of Mr. Hill,

        The House concurred in the Senate amendment to the House bill entitled,

        An act to authorize L. W. Galbraith to appoint a Deputy County Treasurer for the county of Chickasaw.

        On motion of Mr. Van Eaton,

        The House concurred in the joint resolution of the Senate in relation to waste and unappropriated lands.

        On his further motion,

        The blank in said resolution was filled with the number 5.

        The Chair appointed as the committee on the part of the House,

        Messrs. Wilson, Van Eaton, Dantzler, Tolson and Bradford.

        Mr. Dantzler by leave introduced,

        A bill to be entitled,

        An act to regulate the fees of certain officers of Jasper county,

        Which was read three times under a suspension of the rule and passed,

        Thet itle remaining as stated.

        Mr. Suratt by leave introduced,

        A bill to be entitled,

        An act to amend an act entitled an act further to regulate the Militia and Volunteer system, approved Feb. 10, 1860,

        Which was read three times under a suspension of the rule and passed,

        The title standing as stated.

        The following message was received from the Senate,

        MR. SPEAKER--

        The Senate has passed,

        A bill to be entitled an act to amend,

        An act to provide for the payment of the indebtedness of certain counties of the Mississippi Levee District, approved, Feb. 10, 1860.

        Leave of absence was granted Messrs. Armistead, Bishop, Boone, Akers, Owen and Reasons.

        The following message was received from the Senate,

        R. SPEAKER--

        The Senate has concurred in the joint resolution of the House appointing a committee of conference with the Convention.

        Mr. Graham, pursuant to notice, introduced,

        A bill to be entitled,

        An act in relation to free negroes and mulattoes,

        Which was read twice under suspension of the rule,

        And referred to the committee on Propositions and Grievances.

        The following message was received from the Senate

        MR. SPEAKER--

        The Senate has passed the House bill entitled,

        An act to amend the several acts of incorporation of the town of Biloxi, in Harrison county, and for other purposes;

        Also a resolutions acknowledging the receipt of Arms and Ammunition from the Governor of Louisiana.

        On motion of Mr. Adams,

        The Senate bill to be entitled,

        An act entitled an act to amend an act to provide for the payment of the indebtedness of certain counties of the Mississippi River Levee District, approved, Feb. 10th, 1860,

        Was called up and read the first time.

        On his motion, the rule was suspended, the bill read the second and third times and passed,

        Title standing as stated.

        The Speaker appointed Messrs. Bromley and Hooker of Lawrence, to fill the vacancies on committee on Propositions and Grievances.

        Mr. Terrell made the following report,

        MR. SPEAKER--

        The committee on Enrolled Bills ask to report the following bills correctly enrolled, and presented this day to the Governor for his approval and signature,

        An act for the relief of Isham P. Trotter;

        An act to declare Hopson's and Cassidy's Bayous navigable streams;

        An act to amend an act entitled an act to amend and reduce into one the act incorporating the City of Natchez and the several acts amendatory thereto;

        A bill to be entitled an act to change the name of the Fayette Female Academy of Jefferson county;

        An act for the relief of W. G. Grace, of Lauderdale county;

        An act to provide food for the poor and destitute citizens of Jasper county;

        A bill to be entitled an act to extend the time of holding the Circuit Court in Lawrence county.

        An act to change the time of holding the Probate Court of Jasper county.

        Mr. Suratt by leave introduced.

        A bill to be entitled,

        An act to change and modify the revenu laws this State,

        Which was read twice under a suspension of the rule,

        And referred to the committee on Ways and Means.

        On motion of Mr. Wilson,

        The House took a recess until 12 o'clock M.

12 O'CLOCK M.

        The recess having expired the House resumed it session.

        Mr. Terrel, from the committee on Enrolled Bills, made the following report,

        MR. SPEAKER--

        The committee on Enrolled Bills ask to report the following bills and resolutions as correctly enrolled, and presented this day to His Excellency the Governor for his approval and signature,

        An act to amend the several acts of incorporation of the town of Biloxi, in Harrison county, and for other purposes.

        Resolution acknowledging the receipt of arms and amunition from the Governor of Louisiana.

        An act to authorize L. W. Galbraith to appoint a deputy county treasurer for the county of Chickasaw.

        Mr. Claiborne by leave introduced,

        A bill to be entitled,

        An act to provide for the payment of mileage of members of the Military Board,

        Which was read twice under a suspension of the rule and

        On motion of Mr. Suratt,

        Referred to the committee on Military Affairs.

        Mr. Terrel by leave introduced,

        A bill to be entitled,

        An act to extend the time of holding the Circuit Court of Covington county in certain cases.

        Which was read three times under a suspension of the rule and passed,

        The title standing as stated.

        Mr. Evans by leave introduced,

        A bill to be entitled,

        An act for the relief of G. S. Parker, Sheriff of Clark county,

        Which was read twice under a suspension of the rule, and

        On motion of Mr. Augustus,

        Referred to committee on Claims.

        On motion of Mr. Rogers,

        The House ajourned until Monday morning 9 o'clock.

MONDAY, JANUARY 21, 1861.

        The House met pursuant to adjournment.

        The Journal of Saturday was read and approved.

        Mr. Lake presented the petition of sundry citizens of the State of Mississippi protesting against the passage of a stay law,

        Which was referred to the Judiciary Committee.

        Mr. Dunlap presented the claim of W. H. & T. C. Loud,

        Which was referred to the committee on claims.

        Mr. Evans presented the petition of sundry citizens of Clark county praying for an increase of the salary of the Probate Judge of said county,

        Which was referred to the Judiciary Committee.

        Mr. Henley offered the following resolution,

        Resolved by the Legislature of the State of Mississippi, That the people of Mississippi should be encouraged in home manufactory, agriculture and mechanical arts, and the Governor of this State be requested to purchase all ordance, arms and munitions of war within our own borders: Provided, The same can be done on reasonable terms.

        On motion of Mr. Smedes,

        The resolution was laid on the table,

        Mr. Lake gave notice that he would on to-morrow or some subsequent day, introduce a bill for the establishment of a bank of discount and deposit in the city of Vicksburg.

        Mr. Campbell gave notice that on to-morrow or some subsequent day, he would ask leave to introduce,

        A bill to be entitled,

        An act to change article 65 of chapter 3 of Revised Code.

        Mr. Terrel by leave introduced,

        A bill to be entitled,

        An act for the relief of certain citizens in the counties therein named, approved Nov. 30, 1860,

        Which was read three times under a suspension of the rule and passed.

        The title standing as stated.

        Mr. Suratt made the following report,

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the petition of A. R. Johnston and others, citizens of Hinds county, praying the Legislature to remove the civil disabilities of Octavus McGowan, a minor of said county,

        Have had said petition under consideration and have instructed me to report said petition back to the House and recommmend that the prayer of said petitioners be not granted,

        Which was received.

        On motion of Mr. Smedes,

        The report was laid on the table.

        Mr. Suratt made the following report,

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred,

        A bill to be entitled,

        An act in relation to free negroes and mulattoes,

        Have had the same under consideration and have instructed me to report said bill back to the House with the accompanying amendments, and recommend that the bill as amended by the committee do pass.

        Which was received and agreed to.

        On motion of Mr. Suratt,

        The rule was suspended and the bill read the third time.

        On motion of Mr. Walworth,

        The bill was referred to the Judiciary Committee.

        Mr. Suratt made the following report,

        MR. SPEAKER--

        The standing committee on Propositions and Grievances to whom was referred the bill entitled,

        An act for the relief of J. D. Terrel, a minor of Covington county,

        Have had the same under consideration and have instructed me to report the said bill back to the House and recommend that it do not pass.

        Mr. Suratt moved that the report be received and agreed to.

        A division being called for.

        The report was received.

        Mr. Terrel offered the following amendment:

        Strike out the words "do not pass," and insert "do pass,"

        Which was adopted.

        The report was then agreed to as amended.

        Mr. Terrel moved,

        That the rule be suspended to the end that the bill be read a third time and put upon its passage,

        Which was lost.

        Mr. Smedes moved,

        The indefinite postponement of the bill,

        Which was decided in the affirmative by yeas and nays, called for by Messrs. Smedes, Culbertson and Barden,

        YEAS--Messrs. Augustus, Akers, Barden, Brantley, Bell, Byrne, Beaman, Barksdale, Coffey, Culbertson, Duncan, Downs, Dunlap, Dickens, Evans, Gilstrap, Hamilton, Hicks, Hall of Leake, Hudson, Holmes, Knox, Lyles, Lake, Martin, McAlister, McDonald, McWhorter, Owen, Pipes, Palmer, Pinson, Reasons, Ruffin, Reid, Rutherford, Suratt, Shelton, Smedes, Tisdale, Thomas, Van Eaton and Wilson.--44.

        NAYS--Mr. Speaker, Messrs. Adams, Armistead, Bugg, Bradford, Claiborne, Denney, Dantzler, Gage, Graham, Gasque, Hill, Henley, Hooker of Lawrence, Hall of Lauderdale, Johnston, Keith, Love, Murphy, Rogers, Smith of Jones, Terrel, Tolson, Winburn, Withers, Walker and West.--27.