586 



MISSISSIPPI. 



This letter of President Johnson was not 

 without effect. It became apparent that there 

 was only one way in which the State might be 

 rid of the presence of a military force, and the 

 rule of the civil authorities he fully restored. 

 On the 20th Gov. Humphreys sent a message to 

 the Legislature, in which, though he used some 

 very strong language in condemnation of the 

 Freedmen's Bureau, he argued that as the 

 amended State constitution guaranteed protec- 

 tion to the person and property of the freedman, 

 and that as this could not be effected except 

 through an independent and enlightened judi- 

 ciary, the courts must be thrown open to the 

 negro ; but that this would be idle if he were 

 not permitted to testify himself and introduce 

 such testimony as he or his attorney might 

 deem essential to establish the truth and justice 

 of his case. He added : " It is an insult to the 

 intelligence and virtue of our courts and juries 

 of white men, to say or suspect that they cannot 

 or will not protect the innocent, whether white 

 or black, against the falsehoods and perjury of 

 black witnesses." He recommended, therefore, 

 that negro testimony should be admitted in 

 the courts, not only for the protection of the 

 freedman, but for the security of society against 

 the crimes of both races. 



The Legislature before adjourning passed a 

 bill conferring civil rights upon freedmen, free 

 negroes, and mulattoes, according to the pro- 

 visions of which they may sue and be sued in 

 all the courts of the State, and may devise and 

 inherit property ; negro marriages are legalized ; 

 the marriage of a white person with a negro is 

 made felony, and punishable with confinement 

 in the State penitentiary for life ; negroes are 

 competent witnesses in all suits in which negroes 

 are parties ; every negro must have a legalized 

 certificate of his mode of employment; all con- 

 tracts made by negroes for hire for longer pe- 

 riods than one month must be in writing, and 

 if a negro without just cause leave his employer 

 he forfeits all wages ; every civil officer is re- 

 quired to take back to his employer a negro 

 deserting him, both parties having the right of 

 appeal to the circuit court; justices may issue 

 warrants for the arrest of freedmen who desert 

 their employers ; negroes employed cannot be 

 hired by others; negroes may make affidavits 

 and begin suits in courts of law and equity ; the 

 penal code of the State is made the same for 

 whites and blacks, except in cases otherwise 

 specially provided by statute. 



An act was passed to ascertain the number 

 of maimed State and Confederate soldiers in the 

 State, with a view to providing them with arti- 

 ficial limbs. An exemption law, and a stay law 

 suspending the laws for the collection of debts 

 till the 1st of January, 1868, were both passed 

 over the Governor's veto. The amendment to 

 the Constitution of the United States was rati- 

 fied, with the qualification that this ratifica- 

 tion is expressly made and adopted upon the 

 conditions and with the reservations follow- 

 ing: 



MISSOUEI. 



1. It shall not be construed into an approval or en* 

 dorsement of the political principles or doctrine that 

 the reserved rights of a State can, without the con- 

 sent of such State, be usurped or abridged by the 

 Federal Government, through the instrumentality of 

 a Constitutional amendment. 



2. It shall not be construed into expressed or im- 

 plied consent on the part of the Legislature that Con- 

 gress s^hall abolish slavery where it lawfully exists in 

 any State that may refuse to ratify said amendment. 



3. The emancipation of slavery in this State being 

 a fixed fact distinctly recognized by her constitu- 

 tion, and by recent legislative enactments, designed 

 in good faith to maintain and protect the civil rights 

 of the freedmen appertaining to their new condition 

 of freedom the second section of said amendment 

 shall not be construed as a grant of power to Con- 

 gress to legislate in regard to the freedmen of this 

 State ; but so far as relates to this State it shall be 

 construed simply as a grant of power to Congress by 

 appropriate legislation to prohibit and prevent the 

 reestablishment of slavery therein. 



MISSOURI. On January 6th the State Con- 

 stitutional Convention assembled at St. Louis, 

 and the State Legislature at Jefferson City. 

 The first important action of the convention, 

 after its organization, was the passage of au 

 ordinance abolishing slavery in the State. The 

 ordinance,, and the proceedings relative thereto, 

 are reported in the ANNUAL CYCLOPEDIA for 

 1864. Governor Fletcher, on the llth, issued a 

 proclamation, stating the action of the conven- 

 tion, and declaring "that henceforth and for- 

 ever no person within the jurisdiction of the 

 State shall be subject to any abridgment of 

 liberty, except such, as the law shall prescribe 

 for the common good, or know any master but 

 God." The occasion was celebrated in St. 

 Louis by the suspension of business during the 

 day, and the decoration of the houses with 

 . flags, and at night by an illumination. 



The next measure considered by the conven- 

 tion was the Bill of Eights. 



The first and second sections of the bill were 

 such as are usually inserted. The third section 

 reported was as follows : 



That no person can, on account of color, be dis- 

 qualified as a witness, or be disabled to contract, or 

 be prevented from acquiring, holding, and transmit- 

 ting property, or be liable to any other punishment 

 for anv offence than that imposed upon others for a 

 like ofience, or be restricted in the exercise of relig- 

 ious worship, or be hindered in acquiring education, 

 or be subjected in law to any other restraints or dis- 

 qualifications, in regard to any personal rights, than 

 such as are laid upon others under like circum- 

 stances. 



It was moved to amend by inserting after 

 the word " contract " the words " except con- 

 tracts of marriage between persons of African 

 descent and white persons." For this amend- 

 ment the following substitute was adopted : 

 " otherwise than as others are disabled," and 

 the section was passed. The fourth section 

 recognized the people as the source of all politi- 

 cal power. An amendment was offered that 

 " civil government is ordained of God, and is 

 essential to the peace and welfare of human 

 society ; " but the people have the right to de- 

 termine the form of government they will 

 adopt, etc. After much discussion, the amend- 



