JOURNAL OF THE SENATE, UNIV. Or WIOll WYV 10 I" EXTRA SESSION OF THE REBEL LEGISLATURE CALLED TOGETHER BY A PROCLAMATION OF C. F. JACKSON, BEGUN AND HELD AT NEOSHO, NEWTON COUNTY, MISSOURI, ON THE TWENTY-FIRST OF OCTOBER, 1861. JEFFERSON CITY: EMORY S. FOSTER, PUBLIC PRINTE R. 1865. JOURNAL OF THE SENATE, EXTRA SESSION OF THE REBEL LEGISLATURE, CALLED TOGETHER BY A PROCLAMATION OF C. F, JACKSON, BEGUN AND HELD AT THE TOWN OF NEOSHO, NEWTON COUNTY, MISSOURI, ON TaE TWENTY-FIRST DAY OF OCTOBER, EIGHTEEN HUNDRED AND SIXTY-ONE.. HOUsE-5,000 cotpies ordered printed. D. M. DRAPER, Chief Cleek. JEFFERSON CITY: EMORY S. FOSTER, PUBLIC PRINTER. 1865-6. J O U R N A L OF THE SENATE OF THE STATE OF MISSOURI, BEGUN AND HELD AT THE TOWN OF NEOSHO, NEWTON COUNTY, MISSOURI, On the twenty-first day of October, eighteen hundred and sixty-one, in pursuance of the Pro lamation of the Governor, issued on the twenty-sixth day of September last, it being the third and special session of the Twenty-first General J.ssembly.* MONDAY, OCTOBERP 21, 1861. On motion of Mr. Goodlett, Mr. Vernon was called to the chair, whc called the Senate to order. The President then ordered the following proclamation to be read: To the members of the Senate and House of Representatives of the General Assembly of the State of Missouri: The Constitution of the State of Missouri vests in me the power to, convene by proclamation the General Assembly on extraordinary occasions, and requires me to state to them the purposes for which they are convened. The present condition of the State makes it eminently proper that I should now exercise this power. The Federal authorities have for months past, in violation of the Constitution of the United States, waged a ruthless war upon the people of the State of Missouri, murdering our citizens, destroying our property, and as far as in their power lay, desolating our land. I have in vain endeavored to secure your constitutional rights by peaceful means, and have only resorted to war when it becomes necessary to repel the most cruel and long continued aggressions. War now exists * NOTE.-The proceedings of C. F. Jackson's Senate, together with other papers and documents contained in the appendix, were captured by the 49th Missouri Volunteers, in the State of Alabama, forwarded to this Department, and ordered printed by the House of Representatives of the Twenty-third General Assembly. FRANCIS RODMAN, Secretary of State. 4 REBEL SENATE JOURNAL. between the State of Missouri and the Federal Government, and a state of war is incompatible with the continuance of our union with that government. Therefore, for the purpose of giving to the representatives of the people of Missouri an opportunity of determining whether it be proper now to dissolve the constitutional bond which binds us to the Government of the United States, when all other bonds between us are broken, I, Claiborne F. Jackson, Governor of the State of Missouri, by authority in me vested, do proclaim that the members of the Senate and House of Representatives of the State of Missouri shall convene at the Masonic Hall, in town of Neosho, in the county of Newton, on the twenty-first day of October, 1861. CLAIBORNE F. JACKSON, Governor of the State of Missouri. DATED LEXINGTON, Mo., Sept. 26, 1861. On motion of Mr. Goodlett, the call of the roll was dispensed with. On motion of Mr. Goodlett,'The Senate adjourned until to-morrow morning at 9 o'clock. TUESDAY MORNING, OCTOBER 22, 1861.'The Senate met pursuant to adjournment.'On motion of Mr. Goodlett, Mr. Vernon was called to the chair. On motion of Mr. Goodlett, Mr. James Kerr was appointed temporary D)oorkeeper of the Senate. On motion of IMr. Rains, Mr. M. R. Johnson was appointed temporary Sergeant-at-Arms of the Senate. On motion of Mr. Rains, the President appointed Messrs. Parsons, Lyday and Goodlett to fill the vacancies in the Judiciary Committee. On motion of Mr. Rains, the Governor's proclamation was referred to the Judiciary Committee. On motion of Mr. Lyday, The Senate adjourned until to-morrow morning at 9 o'clock. REBEL SENATE JOURNAL. WEDNESDAY MORNING, OCTOBER 23, 1861. The Senate met pursuant to adjournment. Mr. Hardin, from the Judiciary Committee, to whom was referred the Governor's proclamation, reported the same back to the Senate, with the following resolution, and recommended its adoption: Resolved, That the President be requested to appoint suitable messengers to notify and bring to the Senate the absent members thereof. Which was read and adopted. On motion of Mr. Parsons, John F. Crisp, of Johnson county, was appointed Secretary pro tern. of the Senate, and John T. Tracy, of Cole county, Assistant Secretary pro tem. of the Senate. On motion of Mr. Hardin, The Senate adjourned until to-morrow morning at 9 o'clock. THURSDAY MORNING, OCTOBER 24, 1861. The Senate met pursuant to adjournment. On motion of Mr. Rains, the vote agreeing to the resolution offered by Mr. Hardin on yesterday was reconsidered. The question then being on agreeing to the resolution, it was agreed to. On motion of Mr. Parsons, The Senate adjourned until to-morrow morning at 9 o'clock. FRIDAY MORNING, OCTOBER 25, 1861. Senate met pursuant to adjournment. 6 REBEL SENATE JOURNAL. On motion of Mr. Parsons, it was Resolved by the Senate, That Major General Sterling Price be respectfully requested to furnish the necessary outfit to the messengers to be dispatched for absent Senators. On motion of Mr. Lyday, The Senate adjourned until Monday morning at 9 o'clock. MONDAY MORNING, OCTOBER 28, 1861. Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that the following resolution has passed the House: Resolved, That the Senate be informed that the House is now ready to proceed to business, and that a committee of three on the part of the House be appointed to act with a similar one from the Senate, to wait on the Governor, and inform him that we are now ready to receive any communization he may wish to make; And that the Speaker has appointed as such committee on the part of the House Messrs. Robberts of Schuyler, Gordon of Lafayette and Freeman. Mr. Goodlett moved that the Senate now proceed to the election of a President pro tern. of the Senate, which was agreed to, all the Senators voting in the affirmative, except Mr. Hardin, who voted in the negative. On motion of Mr. Rains, John T. Crisp, of Johnson county, was elected Secretary of the Senate, and entered upon the discharge of the duties of his office. On motion of Mr. Rains, John T. Tracy, of Cole county, was elected Assistant Secretary of the Senate. On motion of Mr. Goodlett, James McCown, of Johnson county, was Relected Enrolling Clerk of the Senate. On motion of Mr. Goodlett, M.. R. Johnson was elected Sergeant-atArms of the Senate. REBEL SENATE JOURNAL. 7 On motion of Mr. Goodlett, James Kerr was elected Doorkeeper. On motion of Mr. Rains, it was Resolved, That the House of Representatives be informed that the Senate is now ready to proceed to business, and that a committee of two be appointed, to act with the committee already appointed by the House, to wait on the Governor and inform him that we are now ready to receive any communication he may wish to make. The President appointed upon said committee Messrs. Goodlett and Frazier. Mr. Goodlett, from the joint committee appointed to wait upon the Governor, laid before the Senate the following communication frown the Governor: Gentlemen of the Senate and House of Representatives of the General.Assembly of the State of Missouri: In pursuance of a power vested in me by the Constitution of the State of Missouri, I have convened you for the purpose of deliberating upon the relations of this State to the government of the United States. About the close of your last session the authorities of the United States government had manifested plainly, by a series of outrageous acts, that they had lost all proper appreciation of the principles of free government, and were determined, regardless of the most sacred obligations,' to trample upon our liberties, to violate our dearest constitutional rights, and, in every manner known to tyrants, to insult, injure and afflict our people. The spectacle was for the first time presented of a government whose boast had been its free institutions, and the attachment of its citizens to the constitution and the laws, plunging at one bound from the most exalted eminence among the nations into the deepest abyss of despotic and arbitrary power. Men, women and children, in open day and in the public thoroughfares, shot down and murdered by a brutal soldiery, with the connivance of government officers. Our citizen soldiers were arrested and imprisoned. State property was seized and confiscated without warrant of law; private citizens were insecure in their persons and property; the writ of habeas corpus had been nullified, and the brave judges who had attempted to protect by it the liberties of the citizens had been insulted and threatened, and a tyrant President, reveling in unbounded powers, had crowned all these acts of unconstitutional aggression by declaring war against a number of the States composing the former Union. Since your adjournment these wrongs and injuries have ripened into a war against our people, waged with unusual and unrelenting ferocity, and on the largest scale. It is in vain to hope for a restoration of amicable relations between Missouri and the other United States of America under the same government, and it is not desirable if it could be accomplished. It is idle to speak of preserving the mere paper bonds of union with a government whose licentious rulers have cut into shreds all other bonds between us. While insult and injury have been heaped upon us by the United States Government until they were no longer endurable, it gives me pleasure to call your attention to the sympathy manifested towards us by the Confederate States of America in the act of their Congress, a copy of which 8 REBEL SENATE JOURNAL. I herewith submit, and in the aid in men, arms and munitions of war supplied by their President to the citizens of Missouri, struggling for their liberties. In view of these facts, I beg leave to recommend to you the passage 1st. Of an ordinance dissolving all political connection between the State of Missouri and the United States of America. 2d. Of an act of provisional union with the Confederate States of America. 3d. The appointment of three commissioners to the Provisional Congress of the Confederate States of America. 4th. The passage of a law authorizing the Executive of the State to cause an election to be held for the election of Senators and Representatives to the Confederate States of America, as early as practicable after the State of Missouri shall be admitted as a member of said Confederate States, and providing in said law the mode and manner that the citizens of the State who may, at the time of such election, belong to the army, can cast their votes for Representatives. 5th. The passage of an act empowering your Executive to cause to be engraved, and from time to time to issue, over his signature as Governor, bonds of the State of Missouri, not exceeding dollars, in such sums and of such denominations as the public welfare may require. Before closing this communication, gentlemen, I cannot refrain from congratulating you and the people of our State upon the glorious victories which have crowned our arms since your last adjournment. At Carthage, at Springfield, at Fort Scott and at Lexington, the brave soldiers of Missouri, led on by gallant generals, met the well appointed, well armed hordes of the enemy, and gained signal victories. Their deeds have crowned them with imperishable renown. No soldiers upon this continent rank above them. With such soldiers and a just cause we cannot fail of achieving our liberties. In referring to our victories it is due to the brave men and gallant leaders of the Confederate and Arkansas army, to express our grateful acknowledgment of their gallant and efficient aid at the battle of Springfield. No troops ever fought more gallantly, or with better success. God's protecting providence has been over us in all our past struggles. Let us devoutly return thanks for his protection and fervently implore its continuance. C. F. JACKSON, Governor. NEOSHO, Mo., October 28, 1861. On leave, Mr. Goodlett introduced a bill entitled An act to dissolve the political connection of the State of Missouri with the United States of America; Which was read a first time, rule suspended, read a second and third time and passed. All the Senators voting in the affirmative except Mr. Hardin. On motion of Mr. Thompson, The Senate adjourned until 2 o'clock, P. M. REBEL SENATE JOURNAL. 9 EVENING SESSION. The Serate met pursuant to adjournment. On motion of Mr. Peyton, it was Resolved, That the House be requested to return to the Senate a bill entitled an act to dissolve the political connection of the State of Missouri with the United States of America. Message from the House of Representatives, by Mr. Murray, Chief Clerk: AMR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that a bill of the following title has passed the House: An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved. The House herewith returns, as requested by the Senate, a bill entitled An act to dissolve the political connection of the State of Missouri with the United States of America. On motion of Mr. Peyton, the vote of the Senate on the passage of the bill entitled "an act to dissolve the political connection of the State of Missouri with the United States of America," was reconsidered. And, on the further motion of Mr. Peyton, the vote of the Senate ordering the bill to a third reading was reconsidered, when, by general consent, the bill was passed over informally. On motion of Mr. Parsons, House bill entitled An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved, Was taken up, read a first time, rule suspended, read a second time, when Mr. Parsons offered th'e following amendment: Amend by striking out all between the word "therefore," in the eighteenth line, and the word "that," in the twentieth line, and inserting in lieu thereof "be it enacted by the General Assembly of the State of Missouri." Which was read a first and second time and agreed to. Mr. Parsons moved that the following amendment be added at the end of the bill: This act to take effect and be in force from and after its passage. Which was read a first and second time and agreed to. Mr. Lyday offered the following amendment to the bill: Strike out the word "ordinance," where it occurs in the title of the bill, and insert the word "act" in lieu thereof. Which was read a first and second time and agreed to. When, on motion of Mr. Parsons, the rules were suspended, the bill was read a third time and passed. Message from the House of Representatives, by Mr. Murray, Chief Clerk: 10 REBEL SENATE JOURNAL. MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that the House has concurred in Senate amendments to House bill entitled An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved. Bills of the following titles have been introduced into the House and passed: An act to provide for the defense of the State of Missouri; An act ratifying the Constitution for the Provisional Government of the Confederate States of America. Mr. Rains called up House bill entitled An act to provide for the defense of the State of Missouri; Which was read a first time, rules suspended, and read a second time, when Mr. Thompson moved to amend the bill by filling blank in section four with the words "H. W. Lyday." Which amendment was read a first and second time and agreed to. Mr. Hardin moved to amend the bill as follows: Strike out all in section eleven, after the words "due the State." Which was read a first and second time and disagreed to. When, on motion of Mr. Rains, the rules were suspended, the bill was read a third time and passed. Mr. Goodlett called up House bill entitled An act ratifying the Constitution for the Provisional Government of the Confederate States of America; Which was read a first time, rules suspended, read a second and third time and passed. On leave, Mr. Parsons offered the following resolution: Resolved by the Senate, the house of Representatives concurring therein: That when the General Assembly adjourns this day, it will adjourn to meet at Cassville, in Barry county, on Thursday, October 31st, 1861. Which was read a first time, rules suspended, read a second and third time and( passed. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The House has adopted Senate concurrent resolution adjourning the Legislature to Cassville, Barry county, Missouri. On motion of Mi'. Goodlett, The Senate took a recess until 7 o'clock to-night. NIGHT SESSION. The Senate met pursuant to adjournment. REBEL SENATE JOURNAL. 11 Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The House has reconsidered the vote adopting Senate concurrent resolution on adjournment to Cassville, and amended the same by striking out "to-day," and inserting "to-morrow," in 4th line of said resolution. On motion of Mr. Parsons, IHouse amendment to Senate concurrent resolution on adjourning to Cassville, was read a first time, rules suspended, read a second time and concurred in. When, on motion of Mr. Parsons, The Senate adjourned until to-morrow morning, 8 o'clock. TUESDAY MORNING, OCTOBER 29, 1861. The Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The Speaker of the House of Representatives has signed House enrolled bills of the following titles: An act declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved; An act ratifying the Constitution for the Provisional Government of the Confederate States of America; An act to provide for the defense of the State of Missouri. On motion of Mr. Lyday, The Senate adjourned. THURSDAY MORNING, OCTOBER 31, 1861. The Senate met pursuant to resolution of adjournment, at the Court House in the town of Cassville, Barry county, and was called to order by the President pro tem. 12 REBEL SENATE JOURNAL. On leave, Mr. Thompson introduced a bill entitled An act regulating the mileage of the members of the General Assembly; Which was read a first time, rule suspended, read a second time, when Mr. Parsons moved to amend the bill by adding after the word " session," in the third line of section one, the following: "excepting Senators and Representatives who hold commissions in the Missouri State Guard." Which was read a first time, rule suspended, read a second time, when AMr. Parsons offered the following amendment as a substitute: Amend by adding an additional section: No member of either house, who is a commissioned officer in the Missouri State Guard, shall be allowed any mileage for the present session. Which was read a first time, rule suspended, read a second time and agreed to. The rule was further suspended and the bill was read a third time and passed, as amended. By consent of the Senate, Mr. Goodlett offered the following resolution: Resolved, That the House be requested to send back to the Senate a bill entitled "an act to provide for the defense of the State of Missouri." Which was read and agreed to. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: I am instructed by the IHouse of Representatives to return to the Senate House enrolled bill of the following title, as requested by Senate resolution of this date, "an act to provide for the defense of the State of Missouri." On motion of Mr. Goodlett, House enrolled bill entitled An act to provide for the defense of the State of Missouri, Was taken up, and, on his motion, the vote on the passage of the bill was reconsidered, and, on his further motion, the vote ordering the bill to a third reading was reconsidered, and, on motion of Mr. Parsons, the bill was referred to a select committee of three. The Chair appointed Messrs. Goodlett, Thompson and Peyton upon said committee. On motion of Mr. Thompson, Mr. Lyday was added to the committee. On motion of Mr. Lyday, The Senate adjourned until 3 o'clock, P. M. EVENING SESSION. The Senate met pursuant to adjournment. REBEL SENATE JOURNAL. 13 Message from the IHouse of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that the House has passed a substitute of the same title for Senate bill entitled "an act regulating the mileage of members of the Legislature." Mr. Hyer called up House substitute for Senate bill entitled An act regulating the mileage of members of the Legislature; Which was read a first time, rule suspended, read a second time, when Mr. Peyton moved to amend the bill by adding an additional section, as follows: SECTION —. NO officer of the Missouri State Guard, or member of the army in the field, shall be entitled to or receive any amount of mileage whatever, under the provisions of this bill. Which was read a first and second time and agreed to. The rules were further suspended, the bill read a third time and passed, as amended. On leave, Mr. Goodlett introduced a bill entitled An act reducing the salaries of certain officers and abolishing the office of assistant bank commissioner and board of public works; Which was read a first time, rule suspended, read a second time, when, On motion of Mr. Thompson, The Senate adjourned until to-morrow morning at 9 o'clock. FRIDAY MORNING, NOVEMBER 1, 1861. The Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The House of Representatives has refused to concur in Senate amendment to the House substitute for Senate bill regulating the mileage of members of the Legislature. The question being on ordering a third reading of Senate bill entitled An act reducing the salaries of certain officers and abolishing the office of assistant bank commissioner and the board of public works, By general consent of the Senate, Mr. Goodlett offered as a substitute therefor a bill entitled / An act reducing the salaries of certain officers during the war and abolishing the office of assistant bank commissioner and board of public works, and other purposes. 14 REBEL SENATE JOURNAL. Mr. Thompson moved to amend the bill by striking out in section one the words "St. Louis Court of Common Pleas." Which was read a first and second time and agreed to. The bill was then read a third time and passed, as amended. Mr. Goodlett, from the select committee to whom was referred House bill entitled "an act to provide for the defense of the State of Missouri," reported the same back to the Senate for their action, the committee having failed to agree. Mr. Goodlett introduced as a substitute therefor a bill of the same title; Which was read a first and second time, when Mr. Thompson moved to amend by striking out the ninth section of the substitute and inserting in lieu thereof as follows: SECTION 9. The bonds issued by virtue of this act shall be legally receivable in payment of all taxes and debts due the State, and shall constitute a legal tender for all debts due or owing by or from any citizen of this State. Which amendment was read a first and second time and agreed to, all the Senators voting in the affirmative except Mr. Hardin, who voted in the negative. Mr. Goodlett offered the following amendment to the substitute: Amend by striking out the 14th section and inserting in lieu thereof as follows: Sec. 14. The offices of Auditor of Public Accounts and State Treasurer are hereby declared vacant, and the Governor is hereby authorized to appoint an Auditor of Public Accounts and Treasurer, who shall give bond as now required by law, and who shall hold their offices until the next regular election for Auditor and Treasurer. Which amendment was read a first and second time and agreed to. The question then being on agreeing to the substitute, as amended, it was agreed to. The rule was suspended, the bill read a third time and passed, all the Senators voting in the affirmative except Mr. Hardin, who voted in the n egative. On motion of Mr. Rains, The Senate adjourned until 3 o'clock, P. M. EVENING SESSION. The Senate met pursuant to adjournment. REBEL SENATE JOURNAL. 15 On motion of Mr. Thompson, The Senate adjourned until to-morrow morning at 9 o'clock. SATURDAY MORNING, NOVEMBER 2, 1861. The Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that Senate bill entitled " an act to provide for the defense of the State of Missouri," has been amended in the House and passed. Mr. Goodlett called up Senate substitute for House bill entitled " an act to provide for the defense of the State of Missouri," which had been amended in the House. House amendment No. 1 was read a first time, rule suspended, read a second andthird time and concurred in. House amendment No. 2 was read a first time, rule suspended, read a second time, when Mr. Thompson moved to amend the amendment by adding after the word " State," in the third line of section 9, as follows: "' And shall be a legal tender to any claim or demand of any bank in this State; and in case a tender of such bonds shall be made in payment of any claim or demand of any creditor other than a bank, and the same shall not be taken as a payment, then no final judgment shall be rendered on such claim or demand for two years after the date of such tender." Which was read a first and second time, and, by general consent of the Senate, passed over. House amendment No. 3 was read a first time, rule suspended, read a second and third time and concurred in. House amendment No. 4 was read a first time, rule suspended, read a second and third time and disagreed to. House amendment No. 5 was read a first time, rule suspended, read a second and third timQ and concurred in. By general consent of the Senate the further consideration of the bill and amendments was passed over. On leave, Mr. Thompson introduced a bill entitled An act suspending certain powers of certain courts and judicial officers; Which was read a first time, rule suspended, read a second and third time and passed. 16 REBEL SENATE JOURNAL. On motion of Mr. Thompson, The Senate adjourned until 2 o'clock, P. M. EVENING SESSION. The Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Murray, Chief Clerk MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that the Speaker of the Hpouse has signed House enrolled bill entitled "an act regulating mileage of members of the present extraordinary session of the General Assembly." On leave, Mr. Parsons introduced a bill entitled An act to encourage the reinlistment of the Missouri State Guard and for other purposes; Which was read a first time, rule suspended, read a second and third time and passed. By consent of the Senate, Mr. Goodlett offered. the following resolution: Resolved by the Senate, the House of Representatives concurring therein, That Senators and members of the House be requested to sign a copy of the rolls of the acts of secession and of annexation, and the same be filed by the Secretary of the Senate in the office of the Secretary of State. Which was read a first time, rule suspended, read a second and third time and agreed to. On motion of Mr. Goodlett, The Senate adjourned until Monday morning at 9 o'clock. MONDAY MORNING, NOVEMBER 4, 1861. The Senate met pursuant to adjournment. REBEL SENATE JOURNAL. 17 Message from the House of Representatives, by Mr. Murray, Chief Clerk: Ma. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that a bill of the following title has been introduced into the House and passed: An act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri, approved May 14, 1861. A bill of the following title has been introduced into the IHouse: An act to provide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes. The following bills have been introduced into the House and indefinitely postponed: An act to establish a general drill department in the army of the Missouri State Guard, and for other purposes; An act to amend an act entitled an act for the organization, government and support of the military forces of the State. The following Senate bill has been indefinitely postponed in the House: An act reducing the salaries of certain officers, abolishing the office of assistant bank commissioner, board of public works, and for other purposes. The President of the Senate laid before the Senate the following communication from the Governor: CASSYILLE, Mo,, November 4, 1861. To the President of the Senate: SIR: Since your last session I have appointed Sterling Price Major General of Missouri State Guards, and have also appointed the following named gentlemen brigadier generals of same, viz: N. W. Watkins in the first division; Thomas A. Harris in the second division; John B. Clark in the third division; W. Y. Slack in the fourth division; A. E. Steen in the fifth division; M. M. Parsons in the sixth division; J. H. McBride in the seventh division; James S. Rains in the eighth division; and very respectfully ask the advice and consent of the Senate to the same. Respectfully, C. F. JACKSON. The further consideration of Senate substitute for House bill entitled "an act to provide for the defense of the State of Missouri," which had been amended in the House, was resumed. The question being on agreeing to Mr. Thompson's amendment to the House amendment. Mr. Thompson offered the following as a substitute, to come in after the word "State," in the third line of section nine, as follows: "and shall be a legal tender to any claim or demand of any bank or private banker in this State." Which was read a first and second time and agreed to. The House amendment, as amended, was read a third time and concurred in. R J-2 18 REBEL SENATE JOURNAL. Mr. Goodlett called up House bill entitled An act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri, approved May 14, 1861; Which was read the first time, rule suspended, read a second time, when Mr. Goodlett moved to amend the bill by striking out the first section and inserting in lieu thereof as follows: SECTION 1. That the Major General commanding the Missouri State Guard is hereby authorized to appoint the following named officers: PERSONAL STAFF. Two aids-de-camp, with the rank of colonel. One military secretary, with the rank of major. GENERAL STAFF OF THE ARMY. One assistant adjutant general, with the rank of colonel. One assistant adjutant general, with the rank of major. One assistant adjutant general, with the rank of captain. One quartermaster general, with the rank of colonel. One assistant quartermaster general, with the rank of lieutenant colonel. One assistant quartermaster general, with the rank of major. As many assistant quartermasters, with the rank of captain, as may be necessary. One commissary general of subsistence, with rank of colonel. One assistant commissary general of subsistence, with rank of lieutenant colonel. One assistant commissary general of subsistence, with rank of major. As many assistant commissaries, with the rank of captain, as may be necessary. One inspector general, with rank of colonel. One judge advocate general, with rank of colonel. One surgeon general, with rank of colonel. One surgeon, with rank of lieutenant colonel. As many assistant surgeons, with the rank of captain, as may be necessary. One chief of ordnance, with the rank of colonel. One lieutenant colonel of ordnance. One major of ordnance. Nine captains of ordnance; one to be assigned to each division. One military storekeeper, with the rank of captain, to take charge (under the direction of the quartermaster general) of the clothing bureau. Which amendment was read the first and second time, when, on motion of Mr. Peyton, the bill and amendment was referred to a select committee of three. The President appointed on said committee Messrs. Peyton, Thompson and Lyday. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The House of Representatives recedes from the amendment offered by Mr. Conrow and disagreed to by the Senate, and REBEL SENATE JOURNAL. 19 adheres to the amendment offered by Mr. Harris of Marion to the Senate bill entitled "an act to provide for the defease of the State of Missouri." Mr. Lyday called up Senate substitute for House bill entitled "an act to provide for the defense of the State of Missouri," and moved that the Senate recede from their amendment to the House amendment to section nine of the bill. When Mr. Thompson moved that the further consideration of the motion of Mr. Lyday be passed over for the present. Which motion was disagreed to. The question then being on agreeing to Mr. Lyday's motion, it was agreed to; all the Senators voting in the affirmative except Messrs. Thompson, Peyton and Vernon, who voted in the negative. On motion of Mr. Goodlett, the Senate went into secret session on the Governor's message. On motion of Mr. Goodlett, the appointment of Major General Sterling, Price, Brigadier Generals N. WV. Watkins, of the first division; Thos. S. Harris, of the second division; John B. Clark, of the third division; W. Y. Slack, of the fourth division; A. E. Steen, of the fifth division; M. M. Parsons, of the sixth division; Jas. 1I. McBride, of the seventh division, and James S. Rains, of the eighth division, all of the Missouri State Guards, was confirmed. On motion of Mr. Goodlett, the secret session was dissolved. On motion of Mr. Byrne, The Senate adjourned until 2 o'clock, r. M. EVENING SESSION. The Senate met pursuant to adjournment. By consent of the Senate, Mr. Goodlett offered the following concurrent resolution: Joint resolution of thanks to officers and troops engaged in the several battles in Missouri. Resolved by the Senate, the House of Representatives concurring therein: That the thanks of the State of Missouri are hereby cordially given to Governor C. F. Jackson and Brigadier Generals Parsons, Clark, Slack and Rains, and the officers and troops under their command, for the signal services rendered and the victory obtained by them at the battle of Carthage; to Major General Price and Brigadier Generals Parsons, Rains, Slack, Clark, McBride and Steen, and the officers and troops of the Mis 20 REBEL SENANE JOURNAL. souri State Guard under their command, and to Brigadier General McCulloch, and the officers and troops of the Confederate States under their command, for their gallant and signal services and victory obtained by them in the battle of Springfield. To Major General Price and Generals Parsons, Harris, McBride, Rains, Steen and Colonel Reeves, commanding Slack's division, and Colonel Cargrave Jackson, comnmanding Clark's division, and the officers and troops under their command, for their successful and most brilliant victory at Lexington. To General M. Jeff. Thompson, and the officers,and troops under his command, for their distinguished and gallant services and courage, as displayed at Big River and Fredericktown, and it is the opinion of this Leg. islature, that the gratitude of the whole people of Missouri is due to those who have so signally served their country, and that the foregoing resolutions be made known in appropriate general order by the generals in commaand, and a copy thereof sent to Brigadier General McCulloch. Which was read a first time, rule suspended, read a second and third time and passed. Mr. Lyday offered the following resolution: Resolved, That the Committee on Accounts be instructed to audit and allow to members of the Senate the usual per diem for each day, from the day of meeting of the General Assembly until the adjournment thereof, both days inclusive. Which was read. When Mr. Hardin moved to amend by adding as follows: "but the law should not be so construed to allow mileage to members and officers from Neosho to Cassville." Which was read and disagreed to. The question then being on agreeing to the resolution, it was agreed to by consent of the Senate. Mr. Peyton offered a memorial from certain citizens of Kansas, which, n his motion, was referred to a special committee. The President appointed Messrs. Peyton, Lyday and Goodlett. On motion of Mr. Peyton, Messrs. Thompson and Hardin were added to the committee. On motion of Mr. Thompson, The Senate adjourned until to-morrow morning at 9 o'clock. TUESDAY MORNING, NOVEMBER 5, 1861. The Senate met pursuant to adjournment. REBEL SENATE JOURNAL. 21 Message from the House of Representatives, by Mr. Murray, Chief Clerk: MIR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that a bill of the following title has been introduced into the House: An act to create a board of commissioners to assess damages committed by members of the Missouri State Guard, and for other purposes. MR. PRESIDENT: The Speaker of the House has signed Senate enrolled bill entitled "an act to provide for the defense of the State of Missouri." Senate joint resolution of thanks to officers and troops engaged in the several battles in Missouri has been amended in the House and passed. Senate joint resolution in reference to signing the rolls of the acts of separation and annexation has been indefinitely postponed in the House. The following joint resolution has passed the House: Resolved by the House of Representatives, the Senate concurring therein: That this General Assembly shall adjourn on the fifth day of November, sine die, at 4 o'clock, P. M. Mr. Peyton, from select committee to whom was referred House bill entitled "an act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri," approved May 14th, 1861, reported the same back to the Senate with the following amendment, and recommended its passage as amended: Amend by striking out section one of the bill and inserting in lieu thereof, as follows: SECTION ONE, (1.) That the Major General commanding the Missouri State Guard shall be authorized to appoint upon his personal staff the following named officers: two Aids-de-Camp, with the rank of Colonel; one Adjutant General, with the rank of Colonel; two Assistant Adjutant Generals, the first assistant with the rank of Major, and the second with the rank of Captain, and one Military Secretary, with the rank of Major. Which was read a first time, rule suspended, read a second time and agreed to, all the Senators voting in the affirmative except Mr. Goodlett, who voted in the negative. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The following bill has passed the House of Representatives: An act to amend an act entitled an act to provide for the organization, government and support of the military forces of the State of Missouri, approved May 14, 1861. The further consideration of the bill under consideration was passed over. On motion of Mr. Lyday, two thousand copies of the act of the Confederate Congress entitled "an act to perpetuate testimony in case of slaves abducted or harbored by the enemy, and of other property seized, wasted or destroyed by them," was ordered to be printed for the use of the Senate, the same to be paid for out of the contingent fund of the Senate. 22 REBEL SENATE JOURNAL. The further consideration of the military bill was resumed. Mr. Goodlctt moved to amend section 24 of the bill by strikingout the first clause of said section down to the word "army," in second line, and inserting in lieu thereof "any commissioned officer who shall be found drunk on the battle field, in the hospital or camp, or within three miles of said camp or hospital, shall be cashiered." Which was read a fii st and second time and withdrawn. Mr. Goodlett moved to amend, by way of new section, as follows: SECTION -. The Governor, Major General and the several brigadier generals of the Missouri State Guard, shall have the power to remove any aid or other officer now in office or hereafter to be appointed by them respectively. Which was read a first and second time and agreed to. Mr. Peyton moved to amend by additional section, as follows: SECTION -. The Governor shall have the power and is hereby authorized to appoint one chief of ordnance, with the rank of colonel, and two assistants, the first with the rank of major, and the other with the rank of captain; one inspector general, with the rank of colonel; one judge advocate general, with the rank of colonel, and one assistant, with the rank of lieutenant colonel; one commissary general, with the rank of colonel, and five assistants, the first named with the rank of major, and the others each with the rank of captain; one chaplain, with the rank of major; one surgeon general, with the rank of colonel; one assistant surgeon general, with the rank of major; one paymaster general, with the raik of colonel; one military storekeeper, with the rank of captain, who shall take charge (under the direction of the quartermaster general) of the clothing bureau; and the Governor shall further have the power, and it is hereby made his duty to displace, whenever in his opinion it becomes necessary, any one of the officers who shall be appointed under this section. Which was read a first and second time and agreed to. Mr. Peyton moved to amend, by way of additional section: SECTION —. The brigadier generals of each division shall have the power, and they are each hereby authorized to appoint, for their respective divisions, one chief of ordnance, with the rank of lieutenant colonel, and one assistant, with the rank of captain. Which was read the first and second time and agreed to. Mr. Peyton moved to amend by striking out of section two all after the word "captains," in fourteenth line. Which was read a first and second time and agreed to. The President laid before the Senate the following communication from the Governor: * CASSVILLE, November 5, 1861. To the President of the Senate: SIR: I have this day approved and signed Senate bill entitled "an act to provide for the defense of the State of Missouri." Respectfully, C. F. JACKSON. On motion of Mr. Thompson, The Senate adjourned until 2 o'clock, P. M. REBEL SENATE JOURNAL. 23 EVENING SESSION. The Senate met pursuant to adjournment. The President announced the further consideration of the military bill to be in order. Mr. Goodlett moved to amend by additional section, as follows: SECTION -. That the members of Major General Price's staff, and the officers of ordnance appointed by him, and the several brigadier generals of the Missouri State Guard, are hereby authorized to have such pay and emoluments allowed them as officers of the same grade will be entitled to under the provisions of this bill. Which was read a first and second time and agreed to. Mr. Hardin moved to amend, by way of new section, as follows: SECTION -. The board of commissioners, authorized by law to issue defense bonds, are hereby authorized to allow to the owner, or if he be dead, to his representatives, of any horse lost in battle in the service of the State by any incident thereof, the value of such horse, and shall pay such value in defense bonds. They shall keep a record of their proceedings, noting the name of the owner, the date and amount of the allowance and a minute abstract of the bonds delivered in payment. No allowance shall be made except upon satisfactory evidence of the correctness of the claim, and all applications for allowance shall be supported by the affidavit of the owner, if living, and if dead, of his representatives, and all evidence shall be by affidavit and authenticated by some judicial officer or justice of the peace to the effect that the affiant is personally known to him to be entitled to credit. The application and all affidavits shall be preserved by the commissioners. No oral testimony shall be received by the commissioners, nor shall the application of the owner or his representative be taken to be evidence. Which was read a first and second time and agreed to. Mr. Hardin. moved to amend the bill by adding new section: SECTION -. The Major General shall appoint a "medical board" of three persons of habitual sobriety, and learned in the profession of surgery and medicines, whose duty it shall be to grant a certificate of qualification to any person desiring an appointment in the army as surgeon or assistant surgeon; but no person shall be granted a certificate who shall not have successfully stood a rigid examination before said board, and have the same requisite qualifications in all respects as a member of said board is required by this section. No person shall be appointed a surgeon or assistant surgeon in the army who has not obtained such a certificate from said medical board. The Major Gen:ral shall have power to remove at discretion any member of said board. Each member of said board shall have the rank and emoluments of a colonel in the army, and when not engaged in his duties as a memberof the board he shall discharge any other duty pertaining to his profession that may be assigned him by the Major General. One surgeon and one 24 REBEL SENATE JOURNAL. assistant shall be appointed to a regiment of three hundred men and upward, but he shall have no assistant when the regiment contains a less number of men than three hundred. Should any regiment be reduced to a less number of men than three hundred, then the office of assistant surgeon for that regiment shall be vacated, nor shall it again be filled till the regiment shall be recruited to the number of three hundred men. Which was read a first and second time and agreed to. The bill was then read a third time and passed, as amended. On motion of Mr. IIardin, it was Resolved, That the Major General be requested to furnish the Senate a copy of the joint resolution to the people of the State, of himself and the Major General of the Federal army. Senate joint resolution of thanks, which had been amended in the House, was taken up. House amendment No. 1 was read a first time, rule suspended, read a second and third time and concurred in. House amendment No. 2 was read a first time, rule suspended, read a second time, when Mr. Thompson moved to amend the amendment by adding after the word " Saunders," the word "Boyd." Which was read a first and second time and agreed to. The amendment, as amended, was then read a third time and concurred in. On motion of Mr. Lyday, The Senate went into secret session. After some time spent therein, the secret session was dissolved, and, On motion of Mr. Thompson, The Senate adjourned until to-morrow morning at 9 o'clock. WEDNESDAY MORNING, NOVEMBER 6, 1861. The Senate met pursuant to adjournment. Mr. Goodlett called up House bill entitled An act to amend an act entitled an act to provide for the organization, government and support of the military forces of the State of Missouri; Which was read a first time, rule suspended, read a second time, when 1Mr. Lyday moved to amend by striking out the House amendment offered by Mr. McIlhany; REBEL SENATE JOURNAL. 25 Which was read a first and second time and agreed to. The bill was then read a third time and disagreed to. On motion of Mr. Lyday, The Senate adjourned until 2 o'clock, P. M. EVENING SESSION. The Senate met pursuant to adjournment. Mr. Goodlett offered the following resolution: Resolved by the Senate, the House of Representatives concurring therein: That when both houses of the General Assembly adjourn this day they adjourn to meet in Pineville, in McDonald county, on Saturday, the 9th day of November. Which was read a first time, rule suspended, read a second time and passed. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: Senate concurrent resolution adjourning to Pineville has been disagreed to in the House. On motion of Mr. Goodlett, The Senate adjourned until to-morrow morning at 9 o'clock. THURSDAY MORNING, NOVEMBER 7, 1861. The Senate met pursuant to adjournment. Message from the House of Representatives,- by Mr. Murray, Chief Clerk: 26 REBEL SENATE JOURNAL. MR. PRESIDENT: The House of Representatives has disagreed to Senate amendments to House bill entitled " an act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri, approved May 14, 1861." On motion of Mr. Goodlett, the Senate adhered to their amendments to House bill entitled An act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri, approved May 14, 1861. On motion of Mr. Goodlett, the President appointed a conference committee of three to act with a House committee in relation to the military bill, designated as follows: Messrs. Hardin, Parsons and Goodlett. Message from the House, by Mr. Wright, Assistant Clerk: MaR. PRESIDENT: The Speaker of the House has appointed, by request of the Senate, Messrs. Vest, Ballou and Harris of Marion, to act with Senate conference committee in considering House bill entitled "an act to amend an act entitled an act to provide for the government, organization and support of the military forces of the State of Missouri, approved May 14, 1861." A bill of the following title has passed the House: An act to provide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes. On motion of Mr. Rains, Mr. Byrne was added to the Committee on Accounts. Message from the House of Representatives, by Mr. Wright, Assistant Clerk: MR. PRESIDENT: I am instructed by the House of Representatives to inform the Senate that a bill of the following title has been introduced into the House and passed: " an act to pay volunteers of the Missouri State Guard, and for other purposes." Senate bill of the following title has passed the House: An act to encourage the reinlistment of the Missouri State Guard, and for other purposes. Mr. Lyday called up house bill entitled An act to provide for the holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes; Which was read a first time, rule suspended, read a second time, when Mr. Lyday moved to amend the bill by striking out section five of the bill and inserting in fifth line of section four, after the word " seventh," the words "and John B. Clark and R. L. Y. Peyton from the State at large." Which was read a first and second time and disagreed to. The question then being on suspending the rule that the bill might be read a third time now, it was disagreed to. House bill entitled An act to pay the volunteers of the Missouri State Guards, and for other purposes, REBEL SENATE JOURNAL. 27 Was taken up, read a first time, rule suspended, read a second time. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: A bill of the following title has passed the House of Representatives: "an act to amend an act entitled an act to provide for the organization, government and support of the military forces of the State of Missouri," approved May 14, 1861. The following resolution has passed the House: Resolved by the House of Representatives, That the Senate be requested to return to the HIouse hIouse bill entitled "an act to amend an act entitled an act to provide for the organization, government and support of the military forces of the State of Missouri," approved May 14, 1861. On motion of Mr. Goodlett, the request of the House of Representatives was granted. On motion of Mr. Parsons, The Senate adjourned until I o'clock, P. M. EVENING SESSION. The Senate met pursuant to adjournment. Message from the House of Representatives, by Mr. Wright, Assistant Clerk: Ma. PRESIDENT: I am instructed by the House to inform the Senate that the Speaker of the House has signed Senate enrolled bill entitled "an act to encourage the reinlistment of the Missouri State Guards, and for other purposes." A bill of the following title has passed the touse: An act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri. Mr. Parsons moved to reconsider the vote disagreeing to the motion to suspend the rule that House bill entitled "an act to pi ovide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes," might be read a third time now. Which motion was agreed to, all the Senators voting in the affirmative, except Mr. Rains, who voted in the negative. Mr. Parsons moved to amend the bill by striking out the name of "Edward C. Cabbell," wherever it occurs in the bill, and inserting the name of "William M. Cook" in lieu thereof; REBEL SENATE JOURNAL. Which was read a first and second time and agreed to. The bill was then read a third time and passed, as amended. Mr. Goodlett called up House bill entitled "an act to amend an act entitled an act to provide for the organization, government andl support of the military forces of the State of Missouri," approved May 14, 1861; Which was read a first time, rule suspended, read a second and third time and passed. Message from the House of Representatives, by Mr. Murray, Chief Clerk: MR. PRESIDENT: The following resolution has passed the House of Representatives: Resolved by the House of Representatives, the Senate concurring therein, That when both houses adjourn to-day, that they adjourn to meet at the town of Pineville, in the county of McDonald, on the ninth day of November, 1861. Mr. Goodlett called up House concurrent resolution to adjourn to Pineville; Which was read a first time, rule suspended, when Mr. Goodlett offered the following substitute: Resolved by the Senate, the House of Representatiives concurring therein, That when both houses adjourn this day, they adjourn to meet at New Madrid, on the first Monday in IMarch next. Which was read a first and second time and agreed to. The resolution, as substituted, was then read a third time and agreed to. On motion of Mr. Byrne, Mr. Rains was added to the Committee on Accounts. On motion of Mr. Goodlett, Mr. Rains was allowed the privilege of entering his protest upon the journal at some future day against the passage of the House bill entitled " an act to provide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes." Mr. Goodlett called up House bill entitled "an act to pay volunteers of the Missouri State Guard, and for other purposes," which had been previously read the first and second time. The bill was read a third time and passed. Mr. Goodlett offered the following resolutions: WHEREAS, We have learned with most profound regret of the death of the Hon. Benjamin J. Brown, Senator from Ray, and Colonel of the Missouri State Guard, while gallantly engaged in the thickest of the fight, in the defense of our State, in the ever glorious victory achieved in the battle of Springfield; therefore, be it Resolved, That the Senate, in the death of the deceased, has lost one of its most effieient and honorable members; our State a brave and chivalrous soldier; society an accomplished gentleman and useful citizen, and his family an affectionate husband and father. REBEL SENATE JOURNAL. 29 Resolved, That in token of respect of the deceased, the members of the Senate will wear the usual badges of mourning for thirty days. Resobed, That the Secretary of the Senate be required to transmit a copy of these resolutions to the family of the deceased, with whom we deeply sympathize in their sad and sudden bereavement, and that he spread the same upon the journal of the Senate. Message from the House of Representatives, by Mr. Murray, Chief Chief: MR. PRESIDENT: The Speaker of the House of Representatives has signed House enrolled bills of the following titles: An act to pay volunteers of the Missouri State Guard, and for other purposes; An act to provide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes; An act to amend an act entitled an act to provide for the organization, support and government of the military forces of the State of Missouri, approved May 14, 1861. MIessage from the Governor: CASSVILLE, Mo., November 7, 1861. To the President qf the Senate: SIR: I have this day alproved and signed Senate bill of the following title: An act to encourage the reinlistment of the Missouri State Guard, and for other purposes. Respectfully, C. F. JACKSON. On motion of Mr. Goodlett, The Senate adjourned. JOHN T. CRISP, Secretary. MILES VERNON, President pro tern. APP ENDIX. LETTER FROM D. M. FROST. ST. Louis, M1o., January 24, 1861.:Iis _Excellency, C:. F. Jackson, Governor of Missouri: DEAR SIR: I have just returned from the Arsenal, where I have had an interview with Major Bell, the commanding officer of that place. I found the Major everything that you or I could desire. He assured me that he considered that Missouri had, whenever the time came, a rig/ht to claim it as being upon her soil. He asserted his determination to defend it against any and all irresponsible mobs, come from whence they- might, but at the same time gave me to understand that he would not attempt any defense against the proper, State authorities. He promised me upon the honor of an officer and a gentleman that he would not suffer any arms to be removed from the place without first giving me timely information, and I in return promised him that I would use all the force at my command to prevent him being annoyed by irresponsible persons. I at the same time gave him notice that if affairs assumed so threatening a character as to render it unsafe to leave the place in its comparatively unprotected condition, that I might come down and quarter a proper force there to protect it from the assaults of any persons whatsoever, to which he assented. In a word, the Major is with us, where he ought to be, for all his worldly wealth lies here in St. Louis, (and it is'very large) and then, again, his sympathies are with us. I shall therefore rest perfectly easy, and use all my influence to stop the sensationists from attracting'the particular at'ention of the government to this particular spot. The telegraphs you received were the sheerest " canards" of persons who, without discretion, are extremely anxious to show their zeal. I shall be thoroughly prepared with the proper force to act as emergency may require. The use of force will only be resorted to when nothing else will avail to prevent the shipment or removal of the arms. The Iajor informed me that he had arms for forty thousand men, with all the appliances to manufacture munitions of almost every kind. This Arsenal, if properly looked after, will be everything to our State, and I intend to look after it, very quietly, however. I have every confidence in the word of honor pledged to me by the Major, and would as soon think of doubting the oath of the best man in the community. His idea is that it would be disgraceful to him as a military man to surrender to a mob, whilst he could do so, without compromising his dignity, to APPENDIX TO REBEL SENATE JOURNAL. 31 the State authorities. Of course I did not show him your order, but I informed him that you had authorized me to act as I might think proper to protect the public property. I-Ie desired that I would not divulge his peculiar views, which I promised not to do, except to yourself. I beg, therefore, that you will say nothing that might compromise him eventually with the general government, for thereby I would be placed in an awkward position, whilst he would probably be removed, which would be unpleasant to our interests. Grimsley, as you doubtless know, is an unconscionable jackass, and only desires to make himself notorious. It was through him that McLaren and George made the mistake of telegraphing a falsehood to you. I should be pleased to hear whether you approve.of the course I have adopted, and if not, I am ready to take any other that you, as my commander, may suggest. I am, sir, most truly, Your obedient servant, D. M, FROST. LETTER FROM A. W. DONIPHAN. LIBERTY, May 23, 1861. Honorable CU.. Jackson, Governor of Missouri: DEAR SIR: A few days since Major Modin placed in my hands a commission as Brigadier General of this (5th) Military Division of this State. iXot having at the time a complete copy of the law for organizing the military forces of the State, which was absolutely necessary in order to determine the labor incident to such organization in this district, I find the labor great, the annoyance still greater, the emoluments nothing, and no hope of honor, or even fear of failure, to stimulate military ambition, as I now see, by this evening's mail, our relations have been so adjusted as to promise entire peace in the future; therefore, all this labor can be performed by some younger man, as the position of brigadier general in the militia, on the peace establishment, has nothing even of novelty to me, as I performed all its duties when twenty-seven years old. I most sincerely return my thanks for the honor you have done me and shall always most gratefully remember it, yet, under all the surroundings, I most respectfully decline to accept the honorable position tendered. Very respectfully, yours, A. W. DONIPHAN. COMMUNICATION FROM THE GOVERNOR. CASSVTLLE, BARRY COUNTY, Mo., November 8, 1861. To the Speaker of the House of Representatives: SIR: A House bill entitled " an act to provide for holding an election for Representatives to the Confederate States of America, and for other 32 APPENDIX TO REBEL SENATE JOURNAL. purposes," has been presented to me for my approval. In yielding my assent to this bill it is due to myself that I should state the grounds upon which it is given. This most extraordinary bill in the history of legislation, has undertaken to elect Senators and Representatives to the Confederate Congress, and my approval of such election is required. It is known to every one that the Executive of the State, under the Constitution, has nothing whatever to do with the election, either of Senators or Representatives. It is equally well known that the two houses of the General Assembly in making an election of Senators meet together in joint session, and hold the election as the Constitution requires; and when it is so made the approval or the objections of the Executive have no earthly bearing upon the subject; and it is, therefore, simply an absurdity to call upon the Executive for his approval of a measure over which the Constitution has given him no power whatever. It is also equally well known that the election of Representatives to the Confederate Congress belongs exclusively to the people in their respective congressional districts, and when made by the people, in accordance with the Constitution and laws of the State, neither the Legislative nor the Executive branch of the government can set it aside or give it any additional force by their approval. So far as this bill undertakes, by mere ordinary enactment, each house acting separately and independently of the other, to elect Senators and Representatives to the Confederate Congress, it is, in my judgment, a mere nullity, having no force or effect, except to place the State in a false and ludicrous position before the world. In this respect this bill is highly objectionable in my estimation, while at the same time its constitutionality, touching these provisions, may well be questioned. But with all my objections to these provisions of the bill, there are others in it of a character so important to the best interests of the State, that I have affixed my signature to it. The provisions of the bill relating to the appointment of commissioners or deputies to the Provisional Congress, and to the election of Representatives to the Confederate Congress by the people, have my hearty assent, and are of themselves so important that I have deemed it my duty, under all the circumstances surrounding us, to give the bill my approval. I-Iad time allowed for a reconsideration of the bill I should, most certainly, have withheld my assent. I ask that this document be spread upon your journal. Respectfully, C. F. JACKSON. HOUSE RESOLUTIONS. WHEREAS, We have learned with the most profound regret of the death of the Hon. A. J. Austin, member of this House from Livingston APPENDIX TO REBEL SENATE JOURNAL. 33 county, and Lieutenant Colonel in the Missouri State Guard, while nobly battling in the defense of our beloved State and her institutions in the ever memorable battle of Springfield, against a ruthless and despotic foe; therefore, be it Resolved, That this House, in the death of the deceased, has lost an honorable and useful member, our State a brave and gallant soldier, society a useful and accomplished citizen, and his family an affectionate husband and father. Resolved, That in token of respect for the deceased the members and officers of this House will wear the usual badge of mourning for thirty days. Resolved, That the Clerk of the House be required to transmit a copy of these resolutions to the family of the deceased, with whom we deeply sympathize in their sudden bereavement, and that he spread the same upon the journal of the House. RICHARDSON of Linn. R J-3 34 APPENDIX TO REBEL SENATE JOURNAL. MISCELLANEOUS ACTS. AN ACT regulating mileage of members to the present extraordinary session of the General Assembly. Be it enacted by the General Adssembly of the State of Missouri, as follows: ~ 1. That the Committee on Accounts be instructed to audit and allow to each member and officer in attendance upon this session of the General Assembly twelve and a half cents per mile for each mile actually traveled by such member or officer in coming to and returning from the place of meeting of this General Assembly to his home. This act to take effect and be in force from and after its passage. Read first and second time and amended, read a third time and passed, October 31, 1861. JOHN T. CRISP, Secretary of the Senate. AN ACT to provide for the defense of the State of Missouri. Be it enacted by the General assembly of the State of Missouri, as follows: ~ 1. The sum of ten millions of dollars is hereby appropriated out of any money in the treasury or which may hereafter be paid into the treasury for the purpose of repelling invasion and sustaining the State in her efforts to maintain her sovereignty. ~ 2. That bonds to the amount hereby appropriated, to be denominated Defense Bonds, shall be issued, payable in three, five and seven years, and shall be receivable in payment of all dues. ~ 3. Said bonds shall be issued in sums of not less than one and not greater than five hundred dollars; and all bonds of five dollars and upwards shall bear interest at the rate of ten per cent. per annum from their issue. ~ 4. That William Shields, Thomas II. Murray and Henry W. Lydayp are hereby appointed commissioners, who shall each give bond in the sum APPENDIX TO REBEL SENATE JOURNAL. 35 of twenty-five thousand dollars, conditioned for the faithful discharge of the duties of their respective offices, which said bonds shall be approved by the Governor and filed in the office of the Secretary of State. ~ 5. It shall be the duty of said commissioners to issue such amount of saidl bonds as they shall deem necessary for the defense of the State, and cause the same to be countersigned by the Governor or Treasurer; and said commissioners shall cause the same to be registered in a book, to be provided and kept by them for that purpose, and they shall charge themselves with the amount thereof. ~ 6. Said commissioners shall, from time to time, pay over to the Paymaster General for the State, or other disbursing officer, upon the requisition of the Governor, such an amount of said bonds as the exigencies of the public service may require, taking duplicate receipts therefor, one of which shall be filed in the office of the Auditor of Public Accounts, and the other in the office of said commissioners, crediting themselves with the amount thereof. ~ 7. Any two of said commissioners shall be authorized to act, and in the event that any two of said commissioners shall be disqualified or refuse to act then the Governor shall appoint some suitable person or persons to act in their stead, who shall execute like bond as hereinbefore required. ~ 8. Said commissioners shall each receive the sum of two thousand dollars per annum as full compensation for his services. ~ 9. The bonds issued by virtue of this act shall be legally receivable in payment of all taxes and debts due the State. ~ 10. That all the revenue of the State of Missouri, both ordinary and extraordinary, are hereby pledged for the payment of the bonds issued by virtue of this act. ~ 11. Said commissioners shall have full authority to negotiate or hypothecate any amount of said bonds for the purpose of raising funds to defray the expenses incurred in the defense of the State. ~ 12. The Governor shall fill any vacancy which may occur in the board of commissioners. ~ 13. The offices of Auditor of Public Accounts and State Treasurer are hereby declared vacant, and the Governor is hereby authorized to appoint an Auditor of Public Accounts and Treasurer, who shall give bond as now required by law, and who shall hold their offices until the next regular election for Auditor and Treasurer. ~ 14. It shall be the duty of the Quartermaster General, upon the requisition of the board of commissioners, to furnish suitable transportation for the purpose of transporting said bonds to this State. ~ 15. Said commissioners shall hold their offices until the first day of January, 1863, and until their successors shall be elected and qualified. This act shall take effect and be in force from and after its passage. Read the first, second and third time and passed, November 1, 1861. JOHN T. CRISP, Secretary of the Senate. 36 APPENDIX TO REBEL SENATE JOURNAL. AN ACT to encourage the reinlistment of the Missouri State Guard, and for other purposes. Be it enacted by the General assembly of the State of Missouri, as follows: ~ 1. The sum of thirteen dollars per month shall hereafter be allowed to private soldiers in the Missouri State Guard while in active service. Non-commissioned officers shall be allowed the like increased pay at ratio of allowance in the regulations of the army of the United States of America. They shall be allowed the further sum of twelve dollars per month for the use of their horses. ~ 2. The sum of three months extra pay, at the rate of thirteen dollars per month, shall be allowed to non-commissioned officers and privates now in the actual service of the State who shall reinlist for the further term of six months after the expiration of their present term of service. ~ 3. The Governor of the State of Missouri is hereby authorized to,cause commissions by brevet to issue to such officers and private soldiers who have heretofore or shall hereafter distinguish themselves in the field. The name of the officer or private and the rank to which he shall be breveted to be recommended by the commander-in-chief of the forces in;the field. This art to take effect and be in force from and after its passage. Read first, second and third time and passed, November 2, 1861. JOHN T. CRISP, Secretary of Senate. AN ACT reducing the salaries of certain officers during the war and abolishing the offices of assistant bank commissioner and board of public works, and other purposes. Be it enacted by the General assembly of the State o] Missouri, as follows: ~ 1. That during the existence of the war now carried on in this State, the judges of the Supreme Court shall receive annually for their services each twenty-five hundred dollars; the judges of the several circuit courts, the judges of St. Louis Criminal Court and St. Louis Land Court shall each receive for the:r services annually one thousand dollars; the State Treasurer, Auditor of Public Accounts and Register of Lands each eight hundred dollars, and the offices of clerks in the office of Register of Lands and Auditor of Public Accounts are suspended during the war. ~ 2. All acts or parts of acts granting salaries from the State to any judge of a Court of Common Pleas are hereby repealed, and no judge of any such court shall receive any portion of his salary from the State. APPENDIX TO REBEL SENATE JOURNAL. 3T ~ 3. That the offices of assistant bank commissioner and board of public works, superintendent of common schools and school commissioners, be and the same are hereby abolished. ~ 4. All acts or parts of acts inconsistent with this act are hereby repealed. This act to take effect and be in force from and after its passage. Read first, second and third time and passed, November 1, 1861. JOHN T. CRISP, Secretary of Senate. AN ACT suspending certain powers of certain courts and judicial officers. Be it enacted by the General Assembly of the State of Missouri, as follows: ~ 1. No court in this State nor any judicial officer or justice of the peace shall at any time before the first day of January, 1863, render final judgment in any civil cause or other civil proceeding whatsoever, and all judgments rendered in violation of this act shall be invalid and void; provided that nothing in this act shall be construed to apply to the Supreme Court or to prevent probate courts from adjudicating claims against decedents' estates. This act to take effect and be in force from and after its passage. Read first, second and third time and passed, November 2, 1861. JOHN T. CRISP, Secretary of the Senate. AN ACT to amend an act entitled "an act to provide for the organization, government and support of the military forces of the State of Missouri." Be it enacted by the General assembly of the State of Missouri, as follows: ~ 1. The counties of Jackson, Lafayette, Cass, Johnson, Bates, Henry, Benton, Saline, Pettis and St. Clair, are hereby detached from the: 38 APPENDIX TO REBEL SENATE JOURNAL. respective military districts to which they now belong by law, and are hereby formed into a new military district to be known as the Tenth Military District of the State of Missouri, said new district to be governed and regulated by the same law, and to be organized in the same manner as if created with the original districts. ~ 2. A brigadier general shall be appointed for said district, with the same power and duties as those of the brigadier generals already in office, together with such other officers as may be required by the act to which this is amendatory. ~ 3. All acts or parts of acts conflicting with this act are hereby repealed. ~ 4. This act to take effect from and after its passage. Read first, second and third time and lost, November 6, 1861. JOHN T. CRISP, Secretary Senate. AN ACT to establish a general drill department in the army of Missouri State Guard, and for other purposes. ~ 1. Be it enacted by the General Assembly of the State of Missouri: That there is hereby established a department, to'be called the general drill department, during the present war, and the Governor of the State is hereby authorized and required to appoint a general drill officer, with the rank and all the privileges of brigadier general, the same as other brigadier generals in the army, except a command in the line. ~ 2. Be it further enacted, It shall be the duty of the said general drill officer to superintend the drilling of the officers of the different regiments in the army, and also to appoint, by and with the advice and consent of the Governor of the State or the commanding general, a sufficient number of competent assistant drill officers, with the rank, pay and emoluments of lieutenant colonel, except a command in the line. ~ 3. It shall be the duty of the said assistant drill officers to be under the command of the general drill officer, and assist him in drilling the officers of the different regiments of the army. ~ 4. Be it further enacted, That the said general drill officer shall be entitled to one aid-de-camp, with the rank of lieutenant colonel, the same as other brigadier generals of the army are entitled to. ~ 5. Be it further enacted, That this act take effect and be in force from and after its passage. APPENDIX TO REBEL SENATE JOURNAL. 39 AN ACT declaring the political ties heretofore existing between the State of Missouri and the United States of America dissolved. WHEREAS, The government of the United States, in the possession and under the control of a sectional party, has wantonly violated the compact originally made between said government and the State of Missouri, by invading with hostile armies the soil of the State, attacking and making prisoners the militia whilst legally assembled under the State laws, forcibly occupying the State capital, and attempting, through the instrumentality of domestic traitors, to usurp the State government, seizing and destroying private property, and murdering with fiendish malignity peaceable citizens, men, women and children, together with other acts of atrocity indicating a deep settled hostility towards the people of Missouri and their institutions, and, WHEREAS, The present administration of the government of the United States has utterly ignored.the Constitution, subverted the government as constructed and intended by its makers, and established a despotic and arbitrary power instead thereof; now, therefore, Be it enacted by the General.dssembly of the State of Missouri, as follows: That all political ties of every character now existing between the government of the United States of America, and the people and government of the State ot Missouri, are hereby dissolved, and the State of Missouri, resuming the sovereignty granted by compact to the said United States upon the admission of said State into the Federal Union, does again take its place as a free and independent republic amongst the' nations of the earth. This act to take effect and be in force from and after its passage. Read first and second time and amended. Read third time and passed, October 28, 1861. JOHN T. CRISP, Secretary Senate. AN ACT to pay Volunteers of the Missouri State Guard, and for other purposes. Be it enacted by the General assembly of the State of' MisSouri, as follows ~ 1. All persons who have joined any regularly organized company at any time after its organization, shall be discharged at the same time said. company may be discharged from service, and shall be entitled to receive 40 APPENDIX TO REBEL SENATE JOURNAL. pay for the time they shall have been in actual service, but this section shall not be so construed as to disband any company, nor release any member of such company from service in the Missouri State Guard who volunteered to serve seven years. ~ 2. All persons, companies, battalions or regiments which have been heretofore received into.the service of the State for any term of service, for six months or less, who, at the time they were sworn and mustered into service were informed that they would only be required to continue in the service for six months or any less term, shall be entitled to receive pay and a full and honorable discharge at the expiration of their term of service for which they were sworn in. ~ 3. Any person who shall belong to the Missouri State Guard who shall enlist in any corps of the army of the Confederate Government of America, shall be entitled to a full discharge from the Missouri State Guard, provided the major general, brigadier general or colonel of the regiment of the Missouri State Guard to which such person shall belong shall assent to such enlistment. This act shall take effect from its passage. Read first, second and third time and passed, November 7, 1861. JOHN T. CRISP, Secretary Seuate. AN ACT to provide for holding an election for Representatives to the Congress of the Confederate States of America, and for other purposes. Be it enacted by the General,fssembly of the State of Missouri, as follows: ~ 1. That the Governor shall be, and he is hereby, authorized and required, by proclamation, to cause an election to be held in the several Congressional Districts in the State of Missouri, on the first Monday in -, A. D. 186-, or as soon thereafter as a full and fair expression of the will of the people of the State can be had, for Representatives to the Congress of the Confederate States of America, which said election shall be held in the manner now prescribed by law, and return thereof made to His Excellency, C. F. Jackson, Governor of the State, who shall transfer the same to B. F. Massy, Secretary of State, and the said Secretary shall issue certificates of election to the persons entitled thereto. ~ 2. That, of the Ist;, of the 2d;,of the 3d;, of the 4th;, of the 5th; -, of the 6th;, of the 7th Congressional District, are hereby appointed Commissioners foi APPENDIX TO REBEL SENATE JOURNAL. 41 the districts aforesaid; and and - are elected two Senators for the State at large, to represent the said State in the Congress of the Confederate States, who shall hold their office until Representatives are duly elected and qualified to represent the State of Missouri in said Congress according to the provisions of the preceding section, and the President and Congress of said Confederate States are hereby memorialized to admit said Commissioners and Senators to seats in the Congress of said Confederate States, until an election shall be held in the State of Missouri for members to said Congress. This act to take effect and be in force from and after its passage. AN ACT to amend an act entitled " an act to provide for the organization, government and support of the military forces of the State of Missouri," approved May 14, 1861, and other purposes. Be it enacted by the General.qssembly of the State of Missouri, as follows: ~ 1. Whenever there are two or more companies of " Home Guards" organized under the provisions of sections 168, 169 and 170 of the above recited act in any county or adjoining counties, they may be organized, by the consent of the commanding officers of such companies, into battalions and regiments, according to the provisions of the above recited act, and such battalions or regiments shall be organized with the same officers, with like powers and authority as the officers of the "Missouri State Guard," and such battalions and regiments shall be under the command of the commanding officer of the district and Major General of the State. ~ 2. Any battalion or regiment of Home Guards may be compelled to perform military duty by the commanding officer of such battalion or regiment, within the counties in which they are organized, and by the consent of the majority of the field officers of the battalion or regiment, any where in the district in which the same shall be organized. ~ 3. Battalions andregiments, when ordered into service by the commanding officer of the district, or Major General, shall be paid and receive the same compensation as the Missouri State Guard, and shall be allowed the same emoluments; but when ordered out to perform military services by the command of the commanding officer of theobattalion or regiment, without being so ordered by the commanding officer of the district or Major General, no officer or soldier of such battalion or regiment shall be entitled to receive or demand any compensation or emoluments, but shall be entitled 42 APPENDIX TO REBEL SENATE JOURNAL. to a support and subsistence, which shall be audited and paid by the counties in which such Home Guards are organized, in proportion to the value of the taxable property of the counties in which such battalion or regiment is organized. ~ 4. In addition to the staff officers in a battalion of the Home Guards, there shall be appointed a surgeon of the battalion, to be appointed by the commanding officer of such battalion. ~ 5. The quartermaster of a battalion or regiment of Home Guards shall keep a correct account of all purchases by him made for the use of his battalion or regiment for which a county is liable, under the provisions of this act, and make report of the same to the'County Court of the county liable therefor, verified by his affidavit that the same is just and correct, according to the best of his knowledge and belief, and the County Court of the county shall audit and allow the same and draw warrants upon the treasury of the county therefor. ~ 6. When battalions or regiments of Home Guards are organized under the provisions of this act, the commanding officer of such battalion or regiment shall designate the same by some appropriate name. ~ 7. This act to take effect and be in force from and after its passage. WHEREAS, The Congress of the Confederate States of America has, by an act entitled " an act to aid the State of Missouri in repelling invasion by the United States, and to' authorize the admission of said State as a member of the Confederate States of America, and for other purposes," enacted "that the State of Missouri shall be admitted a member of the Confederate States of America, upon an equal footing with the other States, under the constitution for the provisional government of 4he same, upon condition that the said constitution for the provisional government of the Confedera'te States shall be adopted and ratified by the properly and legally constituted authorities of said State;" now, therefore, Be enacted by the General dssembly of the State of Missouri, as follows: ~ 1. The General Assembly of the State of Missouri, for and in behalf of the people thereof, do hereby accept the provisions of an act of the Congress of the Confederate States of America, as set forth in the preamble to this act, the State of Missouri hereby adopting and ratifying the Constitution for the Provisional Government of the Confederate States. APPENDIX TO REBEL SENATE JOURNAL. 43 of America, as a member of said confederacy, upon an equal footing with the other States under said constitution. ~ 2. His Excellency, C. F. Jackson, Governor of this State, is hereby directed and authorized to transmit to the President of said Confederate States of America? an authentic copy of this act, in pursuance of section two of the act of said Congress above referred to, and to perform all other acts which may hereafter become necessary to secure the admission of the State of Missouri as a member of the said confederacy. This act shall be in force from and after its passage. Read first, second and third time and passed, October 28, 1861. JOHN T. CRISP, Secretary Senate. AN ACT to create a Board of Commissioners to assess damages committed by members of the Missouri State Guard, and for other purposes. WHEREAS, There are many cases of damage and spoliation by the Missouri State Guards, wherein there is no adequate remedy provided by law, therefore, Be it enacted by the General iAssemnbly of the State of Missouri, as follows: ~ 1. It shall be the duty of the Governor, and he shall have power to appoint and commission five suitable and competent persons as commissioners, a majority of whom shall constitute a quorum to do business. ~ 2. Said Board of Commissioners shall have power and jurisdiction, and it shall be their duty to hear and determine all questions of injuries and trespasses committed by the army of the Missouri State Guard, or any portion thereof, and to allow the persons so injured, or their legal representatives, just compensation therefor, and order the payment thereof out of any money in the treasury appropriated for that purpose. ~ 3. Said board shall be vigilant and careful to prevent frauds being perpetrated against the State, by proving unjust claims against it, and equally, careful to audit and allow all claims which are just. ~ 4. Said board shall by vote select one of their number to act as president of the board and one or more clerks. ~ 5. The persons appointed such commissioners shall rank as colonels, but shall not have power to command in the line. ~ 6. The person or persons selected as clerk or clerks shall rank as lieutenants, but they shall not have power to command in the line. 44 APPENDIX TO REBEL SENATE JOURNAL. ~ 7. Said commissioners and clerks shall be paid for their services the amount allowed by law to military officers of their respective ranks, and the State shall pay all reasonable and necessary expenses for their board, house rent, fuel and stationery used by them in the discharge of their official duties. ~ 8. The board shall keep a correct record of its proceedings, whichshall be signed on evening of each day of its sessions by the president and attested by a clerk. ~ 9. A copy of each claim allowed shall be made out, signed by the president and countersigned by a clerk, and delivered to the person entitled thereto, or his or her legal representative, and upon the presentation of any such claim signed and countersigned as aforesaid to the Auditor, he shall draw his warrant on the Treasurer in favor of the person so entitled for the amount thereof. ~ 10. All claims allowed shall bear ten per centum per annum from date of allowance till paid. This act to take effect and be in force from and after its passage. AN ACT to pay volunteers of the Missouri State Guard that have attached to companies after their organization. Be it enacted by the General -Assembly of the State of Missouri, as follows: ~ 1. All persons that have joined any regularly organized company at any time after its organization, shall be discharged at the same time said company may be discharged, and shall be entitled to receive pay for the time they may serve, and no longer. This act to take effect from its passage. CERTIFICATE OF ELECTION. State of Missouri, 1 County of Dunklin. ss I, John H. Marsh, Clerk of the County Court in and for said county and State, do hereby certify that Henry E. Clark, at an election APPENDIX TO REBEL SENATE JOURNAL. 45 held in Dunklin county, Missouri, on the 17th day of October, A. D. 1861, did receive the greatest number of votes for Representative to fill the vacancy occasioned by the death of Nathaniel G. Murphy, and is therefore declared duly elected. [L.s,] In testimony whereof I have hereunto signed my name and affixed the seal of said court at office, in Kennett, the 18th day of October, A. D. 1861. JOHN H. MARSH, Clerk.