ISAAC N. SHAMBAUGH'S CIRCULAR.

319

Legislature from Dekalb County who responded to Gov. Jackson's call, published an address to his constituents in which he said:1

"It is doubtless known to most of you that the House of Representatives of our State consists of 133 members, and that in order to constitute a quorum constitutionally competent to the transaction of any business, there must be present at least 67 members of the House and 17 members of the Senate. Instead of this there were present at the October Session (at Neosho) but 39 members of the House of Representatives and 10 members of the Senate. A few days afterward, when we had adjourned to Cassville, one additional Senator and five additional Representatives made their appearance; and these being all that were at any time present, it need scarcely be added that all the pretended legislation at either place was a fraud, and not only upon the State, but upon the Government of the Confederate States, as well as the United States."

Mr. Shambaugh also says in his address that the Journal of neither House gives the names or the number of the members present, nor the names of the members who voted upon the passage of any bill, but simply states that the bill was passed, &c. In the House, Mr. Shambaugh was the only member who voted against the secession ordinance and the other measures which followed its train.

The proceedings of the Senate, which were captured in Alabama by the 49th Missouri Infantry Volunteers, and which were printed by order of the 23d General Assembly, confirm Mr. Shambaugh's statement. According to this publication "the Senate" met on October 21st, 1861, and on motion of Mr. Goodlett, Mr. Vernon was called to the chair The body adjourned from day to day without attempting to do anything until the 28th except (on motion of Charles H. Hardin, of Callaway,) to request the President of the Senate to appoint messengers to bring to the Senate absent members, and (on motion of M. M. Parsons, of Cole,) to request Maj. Gen. Sterling Price to furnish the messengers with "the necessary outfit."

On Monday, October 28, on motion of James S. Rains, John T. Crisp, of Johnson County, was elected Secretary, and John T. Tracy, of Cole, Assistant Secretary; James McCoun, of Johnson, Enrolling Clerk, and M. R. Johnson, Sergeant-at-arms.

A short message from Gov. Jackson was read, in which are briefly recounted "a series of outrageous acts" committed by "a brutal soldiery with the connivance of government officers "-concluding with the statement that "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." In view of these considerations, and of

'See "The Rebellion Record," Supplement, by Frank Moore, p. 54.

the sympathy manifested towards us by the Confederate States, he recommended the passage of an ordinance of secession and an act of provisional union with the Confederate States. Also the passage of a law authorizing an election to be held for Senators and Representatives to the Confederate Congress; and an act authorizing the Governor to have engraved, and from time to time issued, bonds of the State of Missouri, not exceeding dollars.

The message being read, on leave, Mr. Goodlett introduced a bill entitled "An act to dissolve the political connection between 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, the Senator from Callaway. Adjourned until 2 o'clock p. m. On re-assembling at 2 o'clock, Mr. Peyton moved that the House be requested to return the above bill. Passed: very soon after which the bill was returned by the House, by the hands of Mr. Murray, chief clerk, who at the same time reported the passage by the House of "An act declaring the ties heretofore existing between the State of Missouri and the United States of America dissolved," which was at once taken up, amended, adopted, and reported to the House for its concurrence. The House at once concurred; and therefore, so far as this body could effect it, the ligament which bound Missouri to the Federal Union was severed and the State floated out into the turbulent sea of the Confederate States Government. After the passage of an act notifying the Provisional Government of the Confederate States of America, the Senate adjourned to meet at Cassville, Barry County, on Thursday October 31st, 1861. A session was held there accordingly, meeting from day to day till the Thursday evening following, (November 7th,) when it adjourned. Quite a number of bills and resolutions were passed, copies of which appear in full in the "Appendix" to the published Journal. They need not be transcribed here, nor epitomized. It is, however, worthy of record in this place that on November 2d, 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 agreed to. Also that on Monday morning, November 4th, the President of the Senate laid before that body the following communication from the Governor:

OFFICERS OF "THE STATE GUARD."

To the President of the Senate:

CASSVILLE, Mo., November 4, 1861.

321

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 the 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.1

All of the appointments were confirmed in secret session. After the transaction of many matters of legislation, touching the organization, government and support of the militia forces of the State, to encourage enlistments, &c., the Senate adjourned, November 7th, 1861, to meet at New Madrid on the first Monday in March, 1862.

That session was never held.

'Gov. Jackson died at a farm house on the Arkansas river, opposite Little Rock, Dec. 6, 1862, of cancer of the stomach. After the close of the war his remains were exhumed and brought to Saline County, and reinterred there in the family burying ground of Dr. Wm. B. Sappington, his father-in-law.

21

CHAPTER XXVII.

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1861.-THE "GAMBLE" STATE CONVENTION.-IT MEETS ON FEB. 28, 1861.-NAMES OF MEMBERS ELECTED.-STERLING PRICE ELECTED PRESIDENT.-THE CONVENTION HOLDS FREQUENT SESSIONS AT THE STATE Capitol anD IN ST. LOUIS. - FINALLY ADJOURNS SINE DIE, ON JULY 1, 1863.-LUTHER J. GLENN, COMMISSIONER FROM THE STATE OF GEORGIA, ATTENDS THE CONVENTION. HIS RECEPTION AND ADDRESS. ADDRESS REFERRED TO A COMMITTEE. — TWO REPORTS PRESENTED. - NEITHER EVER DISPOSED OF. COMMITTEE ON FEDERAL RELATIONS.—THEIR REPORTS.— ACTION THEREON.— COMMITTEE APPOINTED TO RE-CONVENE THE CONVENTION WHEN NECESSARY. - DELEGATES ELECTED TO THE BORDER STATE CONVENTION. — ROBERT WILSON ELECTED PRESIDENT OF THE CONVENTION, VICE STERLING PRICE, EXPELLED FOR DISLOYALTY. -ORDINANCE DECLARING THE OFFICES OF GOVERNOR, LIEUT. GOVERNOR AND SECRETARY OF STATE VACANT ADOPTED.-HAMILTON R. GAMBLE ELECTED GOVERNOR; WILLARD P. HALL, LIEUT. GOVERNOR, AND MORDECAI OLIVER. SECRETARY OF STATE.-ORDINANCES PASSED CHANGING GUBERNATORIAL ELECTION FROM AUGUST TO NOVEMBER; ALSO ABOLISHING CERTAIN CIVIL OFFICES, AND PRESCRIBING AN OATH OF LOYALTY FOR CIVIL OFFICERS, AND FOR ISSUING UNION DEFENCE BONDS.-RESOLUTION ADOPTED EXPELLING STERLING PRICE AND OTHERS FROM THE CONVENTION.-MR. BRECKINRIDGE'S EMANCIPATION ORDINANCE LAID ON THE TABLE. CONGRESSIONAL DISTRICTS REMODELED.-OATH OF LOYALTY FOR VOTERS, OFFICIALS, JURYMEN AND ATTORNEYS ADOPTED. - THE YEAS AND NAYS.-COMMITTEE ON EMANCIPATION ELECTED.-THEY REPORT AN ORDINANCE FOR THE EMANCIPATION OF SLAVES, WHICH IS ADOPTED.—THE YEAS AND NAYS.-CONVENTION ADJOURNS SINE DIE,

The bill which passed the General Assembly early in January, 1861, calling a State Convention, provided for the election, on Monday, February 18th, 1861, from each Senatorial district, of three times as many delegates as said district was entitled to members in the State Senate and that the delegates thus chosen should meet in Convention in Jefferson City on the 28th of the same month—

"-to consider the then existing relations between the government of the United States, the people and the governments of the different States, and the government and people of the State of Missouri; and to adopt such measures for vindicating the sovereignty of the State and the protection of its institutions as shall appear to them to be demanded."

The 10th Section of the bill, under the circumstances of its adoption, was one of more than ordinary import and significance, and is in the following words:

"No act, ordinance, or resolution of said Convention shall be deemed to be valid to change or dissolve the political relations of this State to the Government of the United States, or any other State, until a majority of the qualified voters of this State, voting upon the question, shall ratify the same."

This section was introduced as an amendment to the original bill by Charles H. Hardin, then a Senator from the Boone and Callaway district,

THE GAMBLE STATE CONVENTION.

and in 1874-'76, Governor of the State. It was adopted in the Senate by a very close vote-yeas 17, nays 15.

The bill having become a law, Governor Jackson, in conformity with its requirements, directed the sheriffs of the several counties to give notice of the election of delegates on Monday, February 18th, 1861. A very active, and in some localities a very exciting canvass ensued, wherein the issue was made for and against the passage by the Convention of an ordinance declaring in favor of the immediate secession of Missouri from the Union said ordinance, of course, to be submitted to the qualified voters for their ratification or rejection. During this canvass the then existing relations between Missouri and the government of the United States; the question of slavery and secession; the rights of the States, the authority of the Federal government to coerce a State, and the duty of Missouri in the existing crisis, were very exhaustively discussed by the candidates for the Convention and by the public press. The election resulted in the choice of a large majority of delegates opposed to secession, and in disclosing a popular preponderance of some eighty thousand votes in favor of the Union. It cannot be denied that this result greatly disappointed many of the most prominent advocates of the Convention. They hoped and expected that the people of the State would respond to their extreme views by electing to the Convention a majority of delegates who would declare it the duty of the State to co-operate with South Carolina by following her out of the Union.

On Thursday, February 28th, 1861, the Convention assembled in the court house in Jefferson City, and the following gentlemen presented certificates of election:

1st District.-St. Charles, etc.-R. B. Frayser, J. G. Waller, and Dr. G. Y. Bast. 2d District.-Pike, etc.—Jno. B. Henderson, G. W. Zimmerman, and Robt. Calhoun. 3d District.-Boone, etc.-Warren Woodson, Eli E. Bass, and Joseph Flood. 4th District.—Marion, etc.-Wm. J. Howell, Jno. T. Redd, and J. T. Matson. 5th District.-Lewis, etc.-E. K. Sayer, Henry M. Gorin, and N. F. Givens.

6th District.-Howard, etc.-Wm. A. Hall, Sterling Price, and Thos. Shackelford. 7th District.-Macon, etc.-Frederick Rowland, Jos. M. Irwin, and John Foster. 8th District.-Livingston, etc.-Alex. M. Woolfolk, Jacob Smith, and William Jackson. 9th District.-Daviess, etc.-Jacob T. Tindall, James McFerran. and J. S. Allen. 10th District.-Ray, etc.-G. W. Dunn, R. D. Ray, and J. H. Birch.

11th District.-Andrew, etc.-Robt. Wilson, Prince L. Hudgins, and Ellzy Vanbuskirk. 12th District.-Buchanan, etc.-Willard P. Hall, Robt. M. Stewart, and R. W. Donnell. 13th District.-Clay, etc.-A. W. Doniphan, James H. Moss, and E. H. Norton. 14th District.-Jackson, etc.-J. K. Sheeley. Abram Comingo, and Robt. A. Brown. 15th District.-Benton, etc.-Akeman Welch, A. C. Marvin, and C. G. Kidd.

16th District.-Lafayette, etc.-J. F. Philips, Samuel L. Sawyer, and Vincent Marmaduke.