592 



MISSOURI. 



Constitution of the United States. A third 

 stated that his conscience would not permit 

 him to indict a minister who had failed to take 

 the oath for preaching the gospel, and there- 

 fore was not competent to 'sit as a grand juror, 

 especially as this question would probably be 

 before the jury. The court refused to excuse 

 them, stating that the reasons assigned by them 

 were not valid, and that they were not judges 

 of their disqualifications. The court then 

 charged the grand jury, and upon a review of 

 the sections of the Constitution arrived at the 

 following conclusions : 



1st. That the office of any officer or person referred 

 to in the third section becomes vacant at once, by a 

 failure on the part of such officer or person to take, 

 subscribe, and file the oath of loyalty in the proper 

 archive, within sixty days from the 4th day of July, 

 1865. 



2d. That any such officer or person, who, after the 

 expiration of the said sixty days, shall hold or exer- 

 cise his office without having taken, subscribed, and 

 filed the oath of loyalty, is liable to fine or imprison- 

 ment, or both. 



3d. That after the expiration of said sixty days, no 

 person shall assume the duties of any State, county, 

 city, town, or other office to which he may be ap- 

 pointed, otherwise than by a vote of the people ; and 

 no person shall be permitted to practise as an attor- 

 ney or counsellor-at-law ; and no person shall be com- 

 petent as a bishop, priest, deacon, minister, elder, or 

 other clergyman of any religious persuasion, sect, or 

 denomination, to teach or preach, or solemnize mar- 

 riages, without having first taken, subscribed, and 

 filed the oath of loyalty, under the penalty of fine and 

 imprisonment as before stated ; and, 



4th. That persons taking the oath of loyalty false- 

 ly, by swearing or affirmation, are liable to be ad- 

 judged guilty of perjury, and to be punished by im- 

 prisonment in the penitentiary for a term of not less 

 than two years. 



The Judge further added : 



But I charge you that it is your sworn duty to en- 

 force this law, by presenting all offenders against its 

 provisions, no matter what their estate or condition. 



Some of you, too, may possibly entertain similar 

 opinions; but such opinions must yield to the man- 

 dates of a law which your oath requires you to en- 

 force, and which it is not within your competency to 

 repeal or invalidate. 



Before the adjournment of the court a mo- 

 tion was made to set aside the rule. This mo- 

 tion, after argument on a subsequent day, was 

 overruled by the court. 



The operation of the law was very unequal. 

 In some cases grand juries adjourned without 

 finding indictments against a minister, teacher, 

 corporation officer, trustee, deacon, or elder. In 

 other cases individuals made complaints before 

 justices of the peace against teachers, male 

 and female, who had not taken the oath. 

 Many of the clergy, especially Catholic, were 

 cast into prison. 



Maj.-Gen. Pope, who was in command of the 

 Department, adopted the policy of withdraw- 

 ing the military force as fast as the people gave 

 a sign of their willingness to return to the pro- 

 tection of the courts, and to enforce and obey 

 the laws. In August, the number of military 

 posts had been reduced to less than a dozen, 

 which were kept up chiefly for the protection 



of Government property. Martial law was 

 nowhere applied to any but strictly military 

 offences, and practically was, at this early day, 

 at an end. 



On November 1st, the total receipts into the 

 treasury for the fiscal year ending September 

 30, 1865, were $2,463,909.03, and total ex- 

 penditures $1,854,661.77, leaving a balance in 

 the treasury of $609,247.26, of which balance 

 $105,535.28 was in currency, and $503,711.98 

 in Union military bonds and other issues of the 

 State. The total bonded debt of the State, ex- 

 clusive of bonds loaned the several railroads, 

 was $602,000, of which amount $402,000 ma- 

 tured in 1862 and 1863. For these matured 

 bonds, in pursuance of an act of January 2, 

 1864, new bonds, having twenty years to run, 

 to the amount of $260,000, had been exchanged. 

 The total amount of bonds of the State loaned 

 to the railroads, including the bonds guaranteed 

 by the State, was $23,701,000, on which the 

 accrued and unpaid interest up to January, 1866, 

 was $1,307,780. The amount of the war debt 

 of the State reached $7,546,575. This debt 

 was incurred by the State for the payment of 

 the six months' militia, the enrolled militia, and 

 the different organizations called out by the 

 order of the Federal commanders. Of the 

 gross amount, the sum of $3,016,657 had been 

 paid or cancelled. It was in progress of pay- 

 ment by the increased taxation upon persons 

 immediately benefited by the objects for which 

 the debt was incurred. It was believed that 

 within two years the entire debt would be ex- 

 tinguished. 



The railroads of the State continued to pro- 

 gress. The one from St. Louis to the western 

 State line, known as the Pacific Kailroad, was 

 completed during the year. The Southwest 

 Branch and Iron Mountain became by the oper- 

 ation of law the property of the State ; and the 

 Governor, in a message to the Legislature, rec- 

 ommended its sale on such terms as would in- 

 sure its completion. The liability of the State 

 on account of the road was $4,000,000, with 

 overdue interest amounting to $1,350,000. The 

 construction of 550 miles of road, in addition 

 to that built on this route, would connect St. 

 Louis with Galveston. 



The Governor urged upon the Legislature the 

 creation of a Department of Agriculture in 

 connection with the State University. This 

 measure is required by the new Constitution. 

 The grant of Congress to the State, for the en- 

 dowment of an Agricultural College, amounts 

 to 330,000 acres of land. 



By the new Constitution, it is provided that 

 the right of suffrage of every male now ten 

 years of age, shall depend upon his ability to 

 read and write when he becomes twenty-one. 

 The Governor urges the Legislature to avail 

 themselves of the power granted by the Con- 

 stitution to compel parents to send their chil- 

 dren to school. The Constitution also directs 

 the establishment and maintenance of a State 

 University, with departments for instruction in 



