:>. ipt«'([^«i^(t Pf«C^«'J^(I!^l«C^IM«t^JSK«i^' C^ OI^'nEnioi^^I-. JOURNAL OF THE PROCEEDINGS i OF THE % CONVENTION OF TIIK STATE OF LOUISIANA. 9} ]^ "IT -A. XJ T H O H. I T "S" . NEW ORLEANS : J. O. NIXOX, PRINTER TO THE STATE COXVKNT«»N 1801. George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS O in IP I o I .^ I-. JOURNAL OF THE PROCEEDINGS OF THE CONVENTION OF HHT STATE OF LOUISIANA. EITr ./V TTT? H O H. I I" -X- NEW ORLEANS : J, 0. NIXON, riilNTER TO THE STATE CONVENTION. 1861. -^^^rm^ JOURNAL OF STATE CONTENTION. Wedxesday, Jan. 23, 1961. This being tho day fixed by the provisons of an act of the State Legislature of the State of Louisiana, entitled " An act providing for a State Convention," approved Dec. 12, 18G0. the Convention met accordingly in the city of Baton Rouge, in the parish of East Baton Rouge, ttate of Louisfanii. The Convention vras called to order by Mr. Effingham Lawrence. Representative delegate from the parish of Plaquemines, who called the Hon. John Perkins, Jr., Senatorial delegate from the parishes of Madison. Tensas and Con- cordia, wbo accordingly took the cbair. On motion by the same delegate, Oscar Ar- royo, of Plaquemines, was appointed tempo- rary Secretary of the Convention, and James Welch, of St. Helena, as Assistant Secretary, and J. H. Peralta os temporary Sergeant-at- Arms. The proceedings were opened by prayer of- fered by Rev. Mr. Lingfield. The President pro tem. submitted to the Con- vention the following communication from the Secretary of State, to-wit : Office of the Secretaut of State, ) Baton Rouge, Jan. 23, 1861. ) To the IlonorabU President and Members of the State Convention : Gentlemen — 1 have the honor herewith to transmit to your honorable body the returns of the election of delegates to your Assembly, as forwarded to my office by the returning officers of the different parishes of the State, together with a list of the members elyct, as will appear by reference to said returns. Respectfully, PLINY D. HARDY, Secretary of State of the State of Louisiana. On a call of the roll, the following members answered to their names : SENATORIAL DELEGATES. Parishes of Plaquemines, St. Bernard, Jeffer- BOD and Orleans, right bank, Messrs. Charles Hieuvenu and Fergus Gardere. All that portion of the parish of Orleans, on the loft bank of the Mississippi river, including the city of New Orleans, Messrs. Peter E. Bon- ford, Felix Labatut, Thomas H. Kennedy, W. Rufus Adams and J. J. Micb'alk(r. the above resolution was further amended bv strik- ing out therefrom all after the word " Union." On motion by Mr. John Moore, the above resolution was adopted as amended. Mr. John Moore submitted the following or- dinance : An ORDINANCE to dissolve the union between the State of Louisiana, united with her un- der the compact of Government cntitltd " The Constitution of the United States.'' Wt, the people of the Slate of Louisiana, in Con- vention asiemliled. do declare and ordain, and it f.vo~ty. oa behalf of the committee, to whom was referred the resolution relative to rales f )r the government of the Convention, and thi^ number and character of the oflicers ane employes required for the transaction of business, reported that the committee recom- mend t!ie following as the standing committees of tlie Convention, t'ao member first named on the respective committees shall be the chairman pf such committee : 1. On Citizenship in Louisiana. 2. On Judiciary and Federal Jurisdiction and Property in Louis'ina. 3. On Commerce. Revenue and Navigation. 4. On Postal Aflairs. 5. On State Constitution and Proteotion of Private Rights. 6. On Military and Naval Affairs. 7. On the Formation of Southern Confede* racy. 8. On Finance and. Contingent Expenses. 9. On Federal Relations. 10. On Patents. IL On Enrollment. Each committee shall consist of eleven mem- ber,", except the Committee on Enrollment, which shall consist of'five members. The oflicers of tlie Convention, in addition to the President, shall be a Secretary, an Assistant Secretary, a Sergeant-at-Arms and Door-keeper, a Warrant Clerk, to be elected by the Conven- tion, and such number of Tranilating and En- rolling Clerks as the committee on Enrollment may think sufiicient. The committee ask a farther delay of time to prepare rules and regulations for the govern- ment of the Convention. Mr. G. F. Connelly moved to amend the latter portion for said report by inserting after the words " Warrant Clerk '' the word " Printer." On motion by Mr. A. Provosty, Mr. Connelly's amendment was adopted. Mr, J. J. Michel moved to further amend said report by inserting after the word "Printer " the word '' reporter." On a division of the votes, Mr. Michel's amendment was lost. On motion by Mr. Provosty, the above report was adopted as amended. On motion of Mr. S. W. McNeely, the Con- vention proceeded to the election of its Secre- tary. Mr. W. A. Davidson of Livingston, announced J. C. Stafford, of East Baton Rouge. Mr. A. Provosty announoed J. 11. Halsey, of Pointe Coupee. Mr. B. L. Hodge announced Samuel Hyams, of Natchitoches. Mr. Z. York announced John Claiborne, of New Orleans. Mr. T. J. Semmes announced E. C. Kelley, of New Orleans. Mr. P. Sever Wiltz announced Albert Fabre^ of New Orleans. Mr. Mark Valentine announced J. T. Wheat, of New Orleans. Mr. Hardy Richardson announced Paris Childress, of St. Tammany. Oa a call of the roll, the following was the result of the vote, to-wit .- Messrs. Bonner, Caldwell, Davidson, of Sa- bine, Elam, Elgee, Graves, Gill, Hodge, Hodges, Lawrence, Lewis, of BiuBville, Lewis, of Clai- borne, Manning, Marshall, McFarland, Patterson Piersou, of Natchitoches, Pierson, of Winn, Smart, Scott, of East Feliciana, Tappan, Tex- ada, "ThomaBson, Warren, Williams, of East OP THE STATE OP LOUISIANA. Baton Rouge, and WiUiamson, voted for Samuel Hyams — 26 votes. Messrs. Avegno, Bermudez, Bienvenu, Bon- ford, Dcclouet, DeBlanc, Fusciier, Gladden, Gardere, Gaudet, Girard, Hernandez, Kennedy, Labatut, Lagroue, LeBourgeois, Marrero, Me- langon, Pemberton, Roman, Roselius, Rozier, Sompayrac, Verret, Wilkinson and Wiltz voted of Albert Fabre — 2G votes. Messrs. Adams, Briscoe, Clark, Connelly. Du- £ re, Garrett, Hollingswortli. Johnston, LeBlanc, [artin, of Assumption, Martin, of Carroll, Moore, McColJom, Norton, Perkins of Lafourche, Perkins, of Orleans, Pike, Polk. Pope. Sparrow, Scott, of Claiborao, Stocker, Tucker and VhI- entine voted for J. T. Wheat — 24 votes. Messrs. Mouton, Anderson, Barrow, Butler, Conner, of Concordia, Dorsey, Estli)i, Griffin, Miles, Miller, Olivier, 0"Bryan. Perkins, of Madison, Peck, Stewart, Smith, Todd, Towles, Walker and York voted for John Claiborne — 20 votes. Messrs. Barbin, Burton, Carr, Cook, Conner, of St. Tammany, Gray, Kidd, Lewis of Orleans, Magee, Richardson, Taylor, of St. Landry, Wil- liams of St. Helena, voted for Paris Childress — 12 votes. Messrs. Bush, Cannon, Cottman, Duffel, Mc- Neely, Provosty, Pugh, Talbot voted for J. 11. Halsey — 8 votes. Messrs. Davidson, of Livingston, Fuqua, Iler- ron, Hough, Meredith and Taliaferro voted for J. C. Stafford — C votes. And Messrs. Marks, of Orleans, Michel Mc- Closky, Slawson and Semmes voted for E. C. Kelly — 5 votes. RECAPrrULATION. Mr. Samuel Hyams received 2C votes. Mr. Albert Fabre received 26 Mr. J. T. Wheat received 24 Mr. John Claiborne received 20 Mr. Paris Childress received 12 Mr. J. H. Halsey received 8 Mr. J. C. Stafford received 6 Mr. E. C. Kelly received 5 . . None of the candidates having received an absolute majority of the votes ot the members of the Convention. Mr. A. Provosty withdrew the name of J. H. Halsey. Mr. T. J. Semmes withdrew the name of E. C. Kelly. On motion by C. C. Briscoe, ordered that after the second ballot, should there be no elec- tion, the Convention shall proceed to ballot for the three highest candidates voted for on the second ballot. The Convention proceeded to a second ballot, which gave the following result, to-wit : Messrs. Adams. Bonford, Bush, Clark, Cook, Connelly, Cottman, Duffel, Dupro. Fuqua, Gar- rett, Herron, Hough. HoUihgsworth, Johnston, Kennedy, LeBlanc, Marks, Martin, of Assump- tion, Meredith, McClosky, McCollom, Norton, Perkins, of Lafourche. Perkins, of Orleans, Pike, Pope, Pugh, Sparrow, Scott, of Claiborne, Stooker, Taliaferro, Taylor, of St. Landry, Tucker and Valentine voted for J. T. Wheat — 35 votes. Messrs. Bonner, Caldwell, Carr, Davidson, of Sabine, Elam, Elgee, Graves, Gill, Hodge, Hodges, LawTence, Lagroue. Lewis, of Bien- ville, Lewis of Claiborne, Slanning, Marshall, Markri. of Caddo, McFarland, .McNeely, Patter- son, Picrson, of Winn, Polk, Slawson, Smart, Scott, of East Feliciana, Tappan, Texada, Thom- asson, ^l?'l^rrcn, Williams, of East Baton Rouge, and Williamson voted for Samuel Hyams — 31 votes. Messrs. Moutoa, Anderson, Barrow, Briscoe, Butler, Conner, of Concordia, Dorsey, Estlin, Griffin, Miles, Michel, Miller, O'Bryan, Perkins, of Madison, Peck, Provosty, Semmes, Stewart, Smith, Talbot, Todd, Towles, Walker and York, voted for John Claiborne — 24 votes. Messrs. Avegno, Bermudez, Bienvenu, De- clouct, DeBlanc. Fuselier, Gardere, Gaudet, Girard, Hernandez, Labatut, LeBourgois, Mar- rero, Melancon, Moore, Olivier, Pemberton, Roman, Roselius, Rozier, Sompayrac, Verret, Wilkinson and Wiltz voted for Albert Fabre — 24 votes. And Messrs. Barbin. Burton, Cannon, Conner of St. Tammany, Davidson of Livingston. Gray, Kidd, Lewis, of Orleans, Martin, of Carroll, Magee, Richardson, Swayze and Williams, of St. Helena, voted for Paris Childress — 13 votes. UECAPITl-LATION. Mr. J. T. Wheat received 35 votes. Mr. Samuel Hyams received 31 . . Mr. John Claiborne received 24 Mr. Albert Fabre received 24 Mr. Paric Childres-s received 13 Total amount 127 None of the candidates having received an absolute majority of the vote cast, the Conven- tion proceeded to a third ballot, which gave the following result, to-wit : Messrs. Adams, Bonford, Burton, Bush, Can- non, Clark, Cook, Connelly, Conner, of St. Tam- many, Cottman, Davidson, of Livingston, Declouet. DeBlanc, Dupre. Estlin, Fu.selier, Fuqua. Garrett, Herron. |Hough, Johnston] Keincdy, LeBlanc, Lewis, of Orleans, Marks,' of Orleans, Martin of Assumption, Martin, of Carroll, Magee, Meredith, Moore, McCloskv, McCollom. Norton, Pattereon, Perkins, of La- fourche, Perkins, of Orleans, Pike, Polk, Pope, Pugh, Roselius, Rozier, Swayze, Stewart, Spar- row, Scott, of Claiborne, Smith, Taliaferro. Taylor, of St. Landry, Tucker, Valentine and Williams of St. Helena, voted for J. T. Wheat— [)i votes. Messrs. Bonner, Caldwell, Carr, Davidson, of Sabine, Elam, Elgee, Graves, Gimy, Gill, Griffin, llodgc, Hodges, Kidd, Lawrence, Lewis, of Bienville, Lewis of Claiborne, Manning, Mar- shall, Marks, of Caddo, McFarland, McNeely, O'Bryan, Pierson, of Winn, Slawson, Smart' Scott, of East Feliciana, Texada, Thomasson', Warren, Williams, of East Baton Rouge, and Williamson voted for Samuel Hyam's— 31 votei. 8 JOITRNAL OP THE CONVENTION Messrs. Avegno, Barbin, Bermudez, Bienvenu, Gardevo Gaudet, Girard, Hernandez, Labatut, Laf(i-oac. LeBourgeois, Marrero, Melancon, Miles. Olirier, Pemberton, Roman, Sompayrac, Verret, Walker, Wilkinson and Wiltz voted for Albert Fabre — 22 votes. And Messrs. Mouton, Anderson, Barrow, Bris- coe, Butler, Conner, of Concordia, Dorsey, Michel. Miller, Perkius, of Madison, Peck, Provosty, Richardson, Semmes, Tappan, Talbot, Towles and York voted for John Claiborne — 18 votes. RECAPITriATION. Mr. J. T. Wheat received 54 votes. Mr. Samuel Hyams received 31 . . Mr. Albert Fabre received 22 Mr. John Claiborne received 18 Total amount of votes cast 125 None of the candidates having received a re- quisite majority of the votes cast, the Conven- tion proceeded to the foui'th ballot, which gave the following result, to-wit : Messrs. Adams, Barrow. Bermudez. Bonford, Briscoe, Brirton, Bush, Cannon, Clark, Cook, Connelly, Conner, of St. Tammany, Cottman, Davidson, of Livingston, Duffel, Dupre, Eetlin, Fuqua, Gardere, Garrett, Ilerron, Hough, Hol- lingsworth, Johnson, Kennedy, LeBlanc, Lewis, of Orleans, Marks, of Orleans, Martin, of As- sumption, Martin, of Carroll, Magee, Sleredith, Miles, Michel, Moore, McClosky, McCoUum, Norton, Perkius, of Lafourche. Perkins, of Or- leans, Peck, Piersou, of Winn, Pike, Polk, Pope, Pugh. RoseliuB, Rozier, Swayze, Stewart, Spar- row, Scott, of Claiborne. Stocker, Taliaferro, Taylor of St. Landry, Thomasson, Towles, Tucker, Valentine, Warren, Williams, of St. Helena, and York voted for Mr. J. T. Wheat — 62 votes. Messrs. Bonner, Butler, Caldwell, Carr, Con- ner, of Concordia, Davidson, of Sabine, Elam, Elg2e, Graves, Gray, Gill, GrifHn, Hodge, Hodges, Kidd, La,wrenco, Lewis of liienville. Lewis, of Claiborne, Manning, Marshall, Marks, of Caddo, McFariand, McNeely, O'Bryan, Pat- tprson, Provosty, Richardson, Smart, Scott, of East Feliciana, Tappan, Talbot, Texada, Wil- liamSj of East Baton Rouge, and Williamson voted for Samuel Hyams — 34 votes. And Messrs. Mouton, Avegno, Barbin, Bien- venu, Declouet, DeBlauc, Dorsey, Fuselier, Gaudet, Girard, Hernandez, Labatut, Lagroue, LeBourgeois, Marrero, Melancon, Miller, Olivier, Perkins, of Madison. Pemberton, Roman, Semmes, Sompayrac, Smith, Verret, Walker. Williamson and Wiltz voted for Albert Fabre — 28 votes. RECAPITULATION. Jir. J. T. Wheat received 62 votes. Mr. Samuel Hyams received 34 . . Mr. Albert Fabre received 28 . . Total number of votes cast 124 None of the candidates having received a re- quisite majority, on motion by Mr. Lewis Texa- da, the name of Mr. Samuel Hyams was with- drawn as a candidate. On motion by Mr. E. Lawrence, Mr. J. T. Wbeat was declared the unanimous choice of this Convention for the oflBse of Secretary. On motion by the same member, two addi- tional members were appointed to the Commit- tee of Reception of the Commissioners from the States of Alabama and South Carolina. On motion by Mr. Elgee, the Convention ad- journed till to-morrow, at 10 o'clock, A. M. OSCAR ARROYO, Temporary Secretary of the Convention. Thursday, January 24th, 18G1. The Convention met pursuant to adjourn- ment. _ Present : The Hon. Alexander Mouton, Pre- sident of the Convention in the chair. On a call of the roll 128 members answered to their names. The journal of yesterday was read, when, on motion by Mr. Herron, the same was corrected so as to insert after the words " Assistant Sec- retary"' the words " Sergeant-at.Arms and Door Keeper,-' in the report of the Committee on Rules ; and the journal was approved as amended. Mr. Lawrence submitted the following reso- lution : Resolved, That after the election of Assistant Secretary, the President be requested to make the appointment of all other officers necessary for the Convention, and until thcs'-- appoint- ments are made that the present ofiicers of the Convention perform these duties temporarily. On motion of Mr. Tappan, Mr. Lawrence's resolution was amended, by inserting after the words " Assistant Secretary" the word '• Prin- ter." Mr. Davidson, of Livingston, moved to lay the resolution as amended, on the table. On motion of Mr. Semmes the above resolu- tion was adopted as amended. Mr. Connor, of Concordia, submitted the fol- lowing resolution, v/hich was considered by unanimous consent and agreed to : Jlesolved, That a committee of three be ap- pointed to confer with the Commissioners from South Carolina and Alabama, to invite them to address the Convention, and to ascertain at what time it will be agreeable to them to do so. And the President appointed on said commit- tee Messrs. Connor of Concordia. Marshall and Taylor of St. Charles. Mr. Gray submitted the following resolution, which was considered by unanimous consent and agreed to : Resolved, That if any of the Judges of the Dis- trict and Supreme Benches of this State should be present, during the deliberations of this Convention, they are hereby invited to occupy seats within the room, v,'henevcr the Conven- tion may not be in secret session. Air. Walker submitted the following resolu- tion, which was considered by unanimous con- sent and agreed to : Resolved. That a committee of five members of this body be appointed by the President to wait uDou the Governor and inform him that OP THE STATE OF LOUISIANA. d the Convention is organized and prepared to receive any communication he may have to make to this body : And the President appointed on eaid com- mittte Messrs. Walker, DeBlanc, Taylor of St. Landry, Gardere and Gaudet. Mr. DeBlanc submitted the following pream- ble and resolution, which were read, and were re- ferred to the Committee on Federal Relations : Whereas, it is manifest that Abraham Lincoln if inaugurated President of the United States, will koi'p the promises he has made to the Abo- litionist.s of the North : that these promises, if kept, will inevitably lead to the emancipation and misfortune of the slaves oi' the South, their equality, with a superior race, ere long, to the irreparable ruin of this mighty Republic, the degration of the American name, and corrup- tion of the American blood. Fully convinced as we are, that the slavery ingrafted on thi.-< land by France, Spain, Eng- land, and the States of North America, is the most humane of all existing servitude. That. tO'the slave of the South, it is far preferable to the condition of the barbarians of Africa, or the freedom of those who have been liberated by the powLfs of Europe. That it is in obe- dience tu the laws of God, recognized by the Constitution of our country, .^auctioned by the decrees ot its tribunals. That it feeds and clothes its enemies and the world, leaves to the black laborer a more considerable sum of ci)m- fort, happiness and liberty than the inexhor- able labor required from the free servants of the whole universe ; and tliat each emancipa. lion of ap African, without being of any bert Fabre — 2V> votes. Messrs. Cannon, Cook. Connor of Concordia. Davidson of Sabine, Elam. Elgw, Gladden, Garret, Lawrence. Miller. Perkins of Lafourche, Perkins of Orleans, Swayze, Tucker Wilkinson and York, voted for Mr. S. C. Reed — Ki votes. Mes.«r8. Burton, Connor of St. Tammany, Davidson of Liv;ng^lon, Gill. Magee. Miles. Richard.son. Smart, and Williams of St. Helena, voted for Mr. W. J. Richardson — 9 votes. And that Messrs. Dupre. Fuselier. Girard, Oliver, 0"Bryan. Rozier. Stocker. Smith and Taylor of St. Landry, voted for Mr. Robert McMillen— 9 vote.-. None of the candidates having received the requisite number of votes cast, the Convention proceeded to a second ballet, in pur«uance with the above resolution. The roll was called, and the following was the result of the votes, to wit : Messrs. Adams. Anderson, Barbin, Barrow, Bonner, Briscoe. Butler, Caldwell, Carr, Cook. Connelly. Connor of Concordia, Connor of St. Tammany, Davidson of Sabine, Davidson of Livingston, Elam, Estlin, Fuqua, Graves. Gray, Griflin, Herron Hodge, Hodges, Johnston, Kidd Lawrence, Lewis of Bienville, Lewis of Clai- borne, Marks of Caddo, Martin of Carroll, Ma- 10 JOURNAL OF TIIE'IcONVENTION gee, Meredith, Miller, McCollom, McFarland, McNeely, O'Brjan, Patterson, Perkins of Madi- son, Perkins of Orleans, Peck, Pierson of Natchitoches, Pierson of Winn, Pike, Polk, Richardson, Slawson, Swayze, Semmes, Stew- art, Sparrow, Sompayrac, Scott of Claiborne, Scott of East Feliciana, Stocker, Talbot, Texada, Thomasson, Todd, Towles, Tucker, Valentine, Warren, Williamson. Wilkinson and York, voted for Mr. E. E. Kidd— C7 votes. And Messrs. Avegno, Bermudez, Bienvenu, Bonford, Burton. Bush, Cannon, Clark, Dec- clouet, DeBlanc, Dorsey, Duffel, Itupre, Elgee, Fusilier, Gardere, Gaudet, Gill, Girard, Her- nandez, Hollingsworth, Kennedy, Labatut, La- groue. LeBlauc, LeBourgeois, Lewis of Orleans, Manning, Marrero, Marks of Orleans, Martin of Assumption, Melancon, ]\Iichel, Mouton, j\Ic- Closky, Norton, Oliver, Perkins of Lafourche, Pemberton, Pope, Provosty, Pugh, Roman. Ro- pelius, Rozier, Smart. Smith, Tappan, Taylor of St. Charles, Taylor of St. Landry, Verret, Wal- ker, Williams of East Baton Rouge, and Wiltz voted for Mr. Albert Fabre — 54 votes. Mr. E. E. Kidd having received an absolute majority of the votes cast, was declared duly elected Assistant Secretary of the Cenventiou. Mr. Connor, on behalf of the select commit- tee appointed to wait on the Commissioners of South Carolina and Alabama, and invite them to address the Convention and ascertain at what time it will be agreeable to them to do so, reported that after conference with said Commissioners, the committee were informed that the Commissioners will be pleased to ad- dress the Convention on to-morrow morning at lOJ o'clock. REPORT FROM THE COMMITTEE OF FIFTEEN. Mr. Perkins, of Madison, Chairman of the Committee of fifteen, appointed by the Presi- dent of the Convention, on yesterday reported the following ordinance and resolution, which after being read, was, on his motion, and at the request of the committee, ordered to be printed, their further consideration be postponed, and that they be made the special order of the day for to-morrow, at 12 o'clock, M. AN ORDINANCE to Dissolve the Union be- tween the State of Louisiana and other States uuited with her, under the compact en- titled " The Constitution of the United States of America." We, the people of the SUUe of Louisiana, in Con- vention assemhlal, do declare and ordain, and it is hereby declared and oi-dained. That the ordinance passed by us in convention on the 22d day of November, ia t'ai! year eighti^en hundred and eleven, whereby tlie Constitution of the United States of America, and tbe amendments of the said Constitution were adopted ; and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be and the same are hereby repealed and abrogated ; and that the Union now subsisting between Louisiana and other States, under the name of " The United States of America," is hereby dis- solved. We do further declare and ordain, That the State of Louisiana hereby resumes all rights and powers heretofore delegated to the Govern- ment of the United States of America ; that her citizens are absolved from all allegiance to said Government ; and that she is in full possession and exercise of all those rights of sovreignty which appertain to a free and independent State. ire do further declare andordain. That all rights acquired and vested under the Constitution of the United States, or any act of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in force, and have the same effect as if this or- dinance had not been passed. Resolved, That we, the people of the State of Louisiana, recognize the right of the free navi- gation of the Mississppi river and its tributaries by all friendly States bordering thereon. And we also recognize the right of egress and in- gress of the mouths of the Mississippi by all friendly States and provinces ; and we do here- by declare our willingness to enter into any stipulations to guarantee the exercise of said rights. Mr. Rozier presented the following preambles and ordinance as a substitute for the report of the committee of fifteen, which, after being read, was, on motion of Mr. Cottman, ordered to be printed : AN ORDINANCE for the final settlement of all the difficulties between the Free and Slaves States. Whereas, during many years past, associa- tions and large bodies of citizens of "the non- slaveholding States have evinced and carried out the steady purpose of assailing, by all the means they can employ, the peculiar institu- tion of the Southern States, and have aided the attack by vituperative addresses and speeches, by abolition petitions to Congress, by inflam- matory discourses, and by exaggerated appeals to the prejudices and passions of the ignorant and fanatical ; and Whereas, much sympathy has been exhibited and encouragement given in the non-slavehold- ing States, to bands of lawless ruffians, making attacks upon the slaveholding States, and en- deavoring to incite ; insurrection among the slaves ; and Whereas, a jormidable and powerful party, called Black Republicans, existing exclusively, with slight and insignificant exceptions, in the non-.slavt'holdiug States, has proclaimed that slavery shall be prohibited by action of Congress in the Territories, thus showing a deliberate hostility to the South ; and Whereas, many of the non-slaveholding States have passed laws with the design and with the effect of embarrassing and preventing the operation of that clause of the Constitution and of the laws of Congress, passed in accord- ance therewith, in regard to the reclaiming of fugitive slaves, thus trampling on one of the clearest and valued rights secured to the South by the Constitution and laws ; and OP THE STATE OF LOUISIANA. 11 Whereas, the election of Abraham Liacolii, and Hanibal Hamlin, to the Presidency and Vice Presidency, has given cause of alarm to all the citizens of the South, and requires their determined, vigorous and united action to the principles, which it is believed will guide their administration. ^Vhereas, the rights of the South have been iavaded. their opinions outraged, and our insti- tutions imperilled by the triumph and attitude of a sectional party ; and whereas, the danger which presents itself to us, is one we share in common with all the slaveholding Stales, and appears in a shape which forbids us to separate ourselves at the present perilous juncture, from the other slaveholding States, but, on the con- trary, impels and requires us to tender to. them our own, and to seek their sympathy and co- operation ; and Whereas, the time has come which demands prompt and vigorous action on the part of the South, to assert and maintain her rights, and to proclaim to the world that she will no longer eubmit to the evils which environ her ; Be it ordained bi/ this Conventton, That all slave- holding States, or as many of them as will unite therein, be and they arc hereby invited and re- quested to assemble in Convention at Nashville. in the State of Tennessee, on the 25th daj' of February next, and if it should not lie practi- cable to meet then and there, then at as early a day thereafter as may be i)racticablc, and at Buch place or places as may be determined upon, to take into consideration the relations which the slaveholding States shall hereafter occupy to the General Government and the other States of this Union ; and also to fix upon and determine what amendments of the Consti- tution of the United States arc necessary and proper to secure the rights of the slaveholding States of the Union, and to finally settle and adjust all questions relating to the subject of slavery, in such manner as will relieve the South from the further agitation of that ques- tion, secure the people of the slaveholding States in the peaceful and rightful enjoyment of their property, and restore that cfiuilibrium in the organization of the Government, essen- tial to a further continuance of this Union. Be it further Ordained, That in the event such amendments of the Constitution of the United States, and such measures for the protection of Southern Slaves States, shall not be made and acceded to by the people of the non-slavehold- ing States promptly, then said Convention shall upon the call of the President thereof, re-assem- ble, and shall forthwith organize a separate Confederacy of the slaveholding States, repre- sented in said Convention, and such others as may join therein ; and said Convention shall proceed to form a Provisional and Temporary Government for said Confederacy, to continue until an election for Delegates can !./e held for a Convention and a permanent Constitution be adopted thereby, for the Government of the same. Be it further Ordained, That six Delegates to said Coavention, to be held on the twenty-fifth day of February Dext,_or at as early a day after- wards, as practicable, or at Buch place or places as may be agreed upon by said slaveholding States, as hereinbefore provided for, be chosen by this Convention to represent the State of Louisiana therein ; and that all the slavehold- ing States be requested to appoint a number of Delegates equal to the number of their Senators and Representatives in the Congress of the United States, to represent them in said Con- vention. Be it further Ordained, That the Governor of this State be required to furnish, confidentially the Governors of each of the slaveholding States with a copy hereof, with a request that the same be laid before their several Legislatures and Conventions now in session, and if no Legisla- ture or Convention bo in session, that they be requested to convene their Legislature, to con- sider and act upon the propositions herein. Mr. Fuqua submitted the following preamble and ordinance as a substitute for the report of the committee of fifteen, which, after being read, was ordered to be printed : AX (IKDINAXCE. Whereas, the bond of Union between the se- veral States is the Constitution of the United States ; and whereas this Constitution has been violated by a majority of the Northern States, in their legislative action, denying to the peo- ple of the Southern States their Constitutional rights ; and whereas, a sectional party known as the Black Republicans, has recently elected Abraham Lincoln and Hannibal Hamlin to the Presidency aid Vice Presidency of the United States, upon the avowed principles that the Constitution of the United States does not recognize property in slaves, that the Govern- ment should prevent the extension of slavery into the common territory, and that all the powers of the Government should be so exer- cised as in time to abolish this institution wher- ever it exists : Therefore, be it lie-^olvcd, hit the peopU of Louisiana in Convention asscmJjltd, That the State of Louisiana cannot, and will not, submit to the Administration of Lincoln and Hamlin, as President and Vice President of the United States, upon the prin- ciples referred to tn the foregoing preamble. Be it further Resolved, That any attempt by the Federal Government, or tthers, to coerce any State that has seceded, or may hereafter secede from the Union, will bo regarded by Louisiana as an -act of war upon all the slaveholding States, and will absolve the State from all alle- giance to the Federal Government, and that in such an emergency.Louisiana will make commoa cause with the State attacked, and resist such coercive measures with all the force at her com- mand. Be it further Resolved, That this Convention, desirous of co-operating with all our sister slaveholding States, accepts the invitation of the State of Alabama to meet them in council, and for this purpose will, on the day of January, 1861, elect six delegates to the Con- vention called by Alabama at Montgomery, oa the fourth day of February next. 12 JOURNAL OP THE CONVENTlOI^ Be il further Resolved, That the delegates thus chosen are hereby instructed to urge upon said Convention to enter at once upon the formation of a Federal Union for the slaveholding States, and such other .States as may unite -with them ; and that, in the formation of this Government, they arc instructed to take as their guide the Constitution of the United States, and to con- form as nearly as possible to it, only incorpo- rating such changes as may be necessary to adapt it to our present condition, and to secure a distinct recognition of the right of property in slaves, and of the master to own and control his slave wherever the jurisdiction of this Gov- ernment extends. Be it further Resolved. That, as the representa- tives of the people of Louisiana, we take this opportunity to assure the people of those States lying upon the Mississippi river and its tribu- taries, that it is not the purpose of Louisiana in any event to obstruct or embarrass the free navigation of that stream. Be it further Resolved, That when this Conven- tion adjourns, it will adjourn to meet in the State Capitol, at Baton Ronge, on the 28th day of February, 1861, at 12 o'clock M., and that our Delegates to the Convention at Montgome- ry are herebj^ reciuested to report their action to this Conveutiou at that time, for their approval or rejection. Mr. Bienvcnu, after a suspension of the rules first granted, asked and obtained leave'to intro- the following resolution, which, after being read, was, on motion of Mr. AVilkiuson, ordered to be printed. Resolved, That M'hatever be the action of this Convention on the question whether or not this State ought to secede from the Union, it shall have no effect until the same shall have been ra- tified by the vote of a majority of the people at the ballot box. Resolved, That in the meantime, and as a mani- festation on the part of the State of Louisiana, of her determination not to separare her cause from that of her sister States of the South, and of her desire not to show herself too precipitate in adopting so momentous a step as that which shall rend asunder the ties that bind her to the rest of the Confederacy — her Senators and Re- presentatives in the Congress of the United States be instructed to leave their seats and return to their constituents. REPORT FROM THE COMMm'EE ON RULES. Mr. Provosty, on behalf of the Committee to whom had been referred the revising and draft- ing rules for the government of the Convention reported that the committee recommend the adoption by the Convention of the rules of the existing House of Representatives of the State of Louisiana, with the following modifications and amendments : That the words " House,'' " Bills,'' and " Speaker," be replaced wherever found in the above rules, by the words " Convention," " Re- solution," " Ordinance,'' and '• President." That the words '• Notices of bills shall be given and bills presented by the members" be etricken out from Rule 30th. That the last part of Rule 31st shall read as follows. The order of the day shall be .• 1 The unfinished business in v^'hich the Con- vention was engaged at its last adjournment. 2. The special order of the day. '^. Ordinances and resolutions iu the order in which they have been presented in the Conven- tion. That in Rule 33d, the words "They shall not te debated and decided on the day of their being first read," be stricken out. That Rule Go shall be as follow;^, viz : After a resolution shall have been adopted by the Convention, it shall be engrossed in a fair hand, and after examination and report by the Committee on Enrollment, shall be signed by the President and Secretary. That the words '• when not acting in Com- mittee of the whole" be stricken out from Rule 69. And this committee fiually recommend the re- jection by this Convention of the following rules : No.s. 32, 34, 43, 45, 4G, 47, 48, 49, 50. 51, 52, 53. 54. 55. 5C, 57, 58, 59. GO, 61, 63, 64, G5, GG, 07, 68, 71, 78, 80. 82, 83.' Oil motion by Mr. Polk, the rules reported by the committee were ordered to be printed. Mr: Moore, on behalf of the select committee, appointed to wait on the Commissioners of Alabama and South Carolina, informed the Con- vention that the committee had peifovmed their duty, and that said Commissioners were re.tdy to be admitted in the Convention. Subsequently Mr. Moore introduced to the Convention the Hon. J. A. "Winston, Commis- sioner from the State of Alabama, and the Hon. John L. Planning Commissioner from the State of South Carolina, who were received by the Convention standing, and were conducted to the platform, where they took sSats on the right of the President. Mr. Michel submitted to the Convention a communication from Mr. John T. Monroe, Mayor of the city of New Orleans, enclosing preamble and resolutions adopted by the Com- mon Council of New Orleans, inviting the State Convention to adjourn to New Orleans, and agreeing to provide them, free of expense, with a suitab.e hall for their didiberatiousand neces- sary committee rooms. Oa motion by the same member, the above communication was ordered to lie over. Mr. Herron submitted the following resolu- tion, which was ordered to lie over. liesolccd, That a committee of five be appoint- ed lo examine the rooms tendered by the Board of Administrators of the Deaf and Dumb Asy- lum, for the use of the Convention, and that they be requested to report on to-morrow morn- ing whether the same will or will not aflbrd ample accommodations for holding the sittings of ihe Convention. On motion by Mr. Lawrence, the Con-^-ention proceeded to the election of printer. Mr. Estlln nominated Mr. J. 0. Nixon of the New Orieans Crescent. Mr. Marks, of Orleans, nominated Mr. Lcovy of the New Orleans Delta. OF THE STATE OF LOUISIANA, 13 And Mr. Texada nomiaatcd Mr. J. M. Taylor, of the Baton Rouge Advocate. Before proceeding to ballot Mr. Tappan with- drew the uanie of Mr. Lcory. Mr. Marks of Caddo, withdrew the name of Mr. Taylor. On motion of Mr. Miles. Mr. J. O. Nixon of the New Orleans Crescent was elected by accla- mation Printer of the Convention. Mr. Bu.sb, with a suspension of the rules first granted, asked and obtained leave to introduce the following resolution : Eciolve .'. By the people of ths State of Loui- siana, in Convention assembled, That the thanks of this Convention are hereby tendered to His Excellency Thomas 0. Moore. Governor of the Btate of Louisiana, for the prompt and energe- tic mea.sures by him adopted in taking posses- sion of the Forts, Arsenals, and munitions of war under the control of the Federal Govern- ment within the limits of the State of Louisiana; his acts are hereby unqualifiedly approved, and we will defend them here and elsewhere, with all the power and means at our command. The same member moved Tor the adoption of said resolution, which motion was secondeJ by Mr. Ilorron. Mr. Fuqua moved to suspend action on taid resolution until the Governor communicates to the Convention. On motion by Mr Hodge, Mr Bush's reaolutfon was ordered to lie on the table subject to call. Mr. Walker, on the part of the committee ap- pointed to wait upon His E.vcellency, the Gov- ernor and inform him that the Convention had met, and inquire whether he has any communi- cation to make to this body, reported that the committee had performed their duty. MICSSAGE FROM TUK GOVEUKUK. Mr. E. \V. Halsey, Private Secretary of His Bx'cellency Thomas 0. Moore, Governor, deli- vered tlie following communication : ExEaxiVE OlKICK, I Baton Rouge. La. Jan. 24, 1861. \ To the Honorable the President and Members, oftlie Louisiana State Convention : GentK-men — I have the honor to enclose to you herewith a copy of my annual message to the LoJiisiana Legislature for j-'our considera- tion — this being the o::ly communication I am at present prepared to make. Yerv respectfully, i'our obedient servant, THOMAS 0. MOORE, Governor of the State of Louisiana. MESSAGE. Gcntlemou of the Senate and House of Repre- sentatives of the State of L;Hiisiana. My opinions on the momentous questions which have convulsed and are destroying the Federal Union, were fully expressodin my Mes- pagc at the recent extra session of the Legisla- ture. Your prompt action showed how do-pIy you were moved by tht portents of the times— the threatened destruction of essential rights and most vital interests of the slaveholding States under the forms of a perverted Constitu- tion — and by the absolute duty of seeking at once for the means of self-protection. The vote of the people has since confirmed the faith of their Representatives, in legislative and execu- tive station, that the undivided sentiment of the State is for immediate and effective resist- ance, and that tliere is not found within her limits any difference of sentiment, except as to minor points of expediency in regard to the manner and time of making such resistance, so as to give it the most imposing form for dignity and success. Our enemies, who have driven on their conflict wiih the slaveholding States to this extremity, will have found that throughout the borders of Louisiana we are one people — a people with one heart and one mind — who will not be cajoled into an abandonment of their right.*, and who cannot be subdued. Whatever lingering hopes might have been felt by confiding men of the South, that these dissentions would be healed by the volun- tary act of the people of the North, within the Union, have disapperaed under the accumulat- ing proofs that the Northern majority is im- placable. No proffer of peace on any terms has emanated from them. The propositions tender- ed by the most moderate-minded and Union- loving statesmen of the South — not as express- sing the whole measure of right? to which the Southern people are entitled, but as a project for conciliation to which they might be brought to consent for the old love of Union, which was the passion of Southern hearts — have been con- tumeliously rejected. The common cry throughout the North is for coercion into submission, by force of arms, if need be, of every State, and of all the States of the South, which claim the right of separation, for cause, from a Government which they deem fatal to their safefy. There can no longer be doubt of the wisdom of that policy which de- mands that the conflict shall come, and shall be settled now. The sovereign people ol this State have so de- creed, and within a few hours the Delegates will meet in Convention, to put this judgment into a form, from which there will be no right, and no disposition within the State, to appeal. Being executed by an unanimous and willing people, it will be entitled to the respect of the world, and the acquiesehcc of all powers and authori- ties whatsoever. But it has been made apparent by the course of events elsewhere, by the intentions of those having authority in the Federal Government, as developed in their treatment of other States, which occupy the same relations towards those questions as Louisiana, that this right of inde- pendent action will be obstructed by force. The hostile occupation of Fort Sumter, in tho harbor of Charleston, for the purpose of over- awing the State of South Carolina, subduing her to che will of the Federal authorities, and collecting taxes from her people by force, is one glaring example of the modes by which a Sou- thorn State may be subjected to duress. The bafHod attempts to reinforce that fortress are of the same character of aggressive purpose as the subsequent occupation of Fort Pickens, in the 14 JOURNAL OF THE CONVENTION harbor of Pensacola, in order to keep the State of Florida ia forced connection with a repudiat- ed Government. At the same time that these acts of extraordinary rigor in ag<2;ression are practiced towards the South, the Northern po- pulace of Pennsylvania are permitted to defeat the action of the Federal authorities at Pitts- burg, by forbidding the transmission of the public property to its designated points iu the South, on grounds oi hostility to the South, to which dictation the intimidated authorities suc- cumbed. Warned by these acts, aud the uni- form tenor of hostile language employed in Congress against free action iu the South, and the uniform assertion of the doctrine of passive obedience in the manifestoes of the Executives of Northern States, and tlie open menaces that the iucoming Administration would carry out the same tyrannical purposes with even more rigor, I determined that the State of Loui- siana should not be left unprepared for the emergency. She has a long and exposed fron- tier, on which the Federal Government posses- ses fortresses capable of being used for the sub- jugation of the country, and to annul the declared will of the people. Near this capitol, where the Delegates of the sovereign people are about to assemble, was a military depot, capa- ble in uascrupalous hands, of being employed for the purpose of overawing aud restraining the deliberations of a free people. On these grounds, respecting the manifest will of the people, and to the end that their deliberations shall be free, and their action supported by the full possession of the whole territory of the State, I decided to take poisession of the mili- tary posts and munitions of war within the State, as soon as the necessity of such action should be developed in my mind. Upon infoi-- mation which did not leave me in doubt as to my public duty, and which convinced me, moreover, that prompt action was the more ne- cessary in order to prevent a collision between the Federal troops and the people of the State, I authorized these steps to be taken, and they were accomplished without opposition or diffi- culty. In so doing, I was careful to confine my- self to such acts as were necessary to effect the object with the greatest certainty and the least risk of violence. In accordance with an arrangement entered into with the Commanding OfiBcer, in the pre- sence of a force too large to be resisted. Baton j Rouge Barracks and Arsenal, with all the Fe- ! deral property therein, were turned over to me on the 11th and 12th instant, and on the 13th the Federal troops departed. About the same time the State troops occupied Fort Pike, on the Rigolets, and Forts Jackson and St. Philip, on the Mississippi river, and such other disposi- tions were made as seemed necessary for t^Jie public safety. Receipts were given in all in- stances for the property found, in order to pro- tect the officers who were dispossessed and to facilitate future settlement F.r the necessary expenses I have drawn on tlie appropriation made by the last Legislature for military pur- ' jouroed until to-morrow at 10 o'clock, A. M. poses. A detailed report of these proceedings | J. T. WHEAT, Secy and of the expenses incurred will be laid before you in a few days. With a full sense of the responsibility I have assumed, tlie whole subject is respectfully sub- mitted to the Legislature. Mr. McFarhmd submitted the following reso- lution, which was adopted : I^esolved. By this Convention, that William Bloomfield, P.ist-master of the House of Repre- sentatives, be and he is hereby appointed Post- master of this body during its sessions at this place, and that ho shall perform all the duties properly belonging to said office. On motion by Mr. Wilkinson, Mr. Bush's re- solution approving the course of the Governor in taking popsessiou of the forts, arsenals and munitions of war situated within the limits of the State was^ taken up, and, on a further mo- tion by the sume member to adopt said resolu- tion, seconded by Mr. Herron, Mr. Davidson called for the yeas and nays. They were ordered, and being taken, resulted as follows, to wit : Yeas : Mes: rs. Adams, Anderson, Aveguo, Barbin, Barro.v, Bermud-jz, Bienvenu, Bonford, Bonner, Briscoe, Burton, Bush, Butler, Cald- well, Cannon. Carr, Clark, Cook, Conm Uy, Coaaor of Concordia, Connor of St. Taram my, Davidson of Liringstou, Davidson of Sabine, Dcclouet, D Blanc, Dorsey, Duflfel, Dupre, Flam, Elgee, Estlin, Fusilier, Fuqua, Gladden, Gardere, Ga;:det, Graves, Gray, Gill, Girard, Griffin, Hercuidez, Herron, Hodge, Hodges, HoUingsworl 1, Johnson, Kennedy, Kidd, Laba- tut, Lawrence, Lagroue, LeBlanc.LeBourgeois, Lewis of Bienville, Lewis of Claiborne, Lewis of Orleans, M.uming, Marshall, Marrero, Marks of Caddo, Maries of Orleans, Martin of Assump- tion, Martin i.f Carrol, Magee, Melancon, Miles, Michel, Miller, Moore, McCloskey, McColJom, McFarland, McNeely, Norton, Olivier, O'Bryan, Patterson, Pirkins of Lafourche, Perkins of Madison, Perl: ins of Orleans. Peck, Peraberton, Pierson of Natchitoches, Pike, Polk, Pope, Provosty, Pugh, Richardson, Roman, Roselius, Slawson, Smart, Swayze, Semmes, Stewart, Sparrow, Sompayrac, Scott of Claiborne, Scott of East Feliciana, Smith, Tappan, Talbot, Tay- lor of St. Ciiarles, Taylor of St. Landry, Tex- ada, Thomasson, Todd, Towles, Tucker, Valen- tine, Verret, \V arren, Walker, Williams of East Baton Rouge. Williamson, Wilkinson, Wiltz and York — 119 yeas. • Nays : Messrs. Meredith, Pierson of Winn, Rozier, Stocker and Taliaferro — 5 nays. Mr. Roseliuus asked and obtained leave to have his reasons for voting in the afSrmativo spread on the journal : " In my opinion, the conduct oT the Governor was justified for the reasons assigned in his message to the Convention. I give this reason for voting ye;>. C. ROSELIUS." Mr. Rozier ','ave notice that on to-morrow ha will give his reasons for voting in the negative. So Mr. Bush's resolution was adopted. On motion by Mr. Estliu, the Convention ad- OP THE STATE OF LOUISIANA. 15 Fridat, January 25, 1860. The Convention met pursuant to adjourn- ment. Present : Hon. A. Mouton, President, in the chair, and 120 Delegates. Pending the reading of the Journal of yester- day, on motion of Mr. Marks, of Orleans, the reading of the record of votes for Assistant Secretary was dispensed with. On motion of Mr. Moore, it was ordered that for the future, the recording of the names of the Delegates answering to roll-call should be ommittcd, it being only necessary to state the number so answering as being present. The President of the Convention then an- nounced the standing committees, as follows, tIz : 1. On Citizenship of Louisiana : Tho?. H. Kennedy, chairman ; E. Lawrence, \V'. R. Peck, A. Talbot, N. McCollum, S. IloUingsworth, W. M. Perkins of Orleans. A. M. Gray, T. Johnson. H. McFarland and Felix Lewis. 2. On Judiciary and Federal Jurisdiction, and property in Louisiana : P. E. Bonford, chairman ; B. L. Ilodge, Louis Bush. A. Dc- Blanc, C. C. Briscoe, B. S. Tappan, J. B. Elam. W. IL Hough, C. L. Swayzo. H. Richardson and C. Roselius. 3. On Commerce. Revenue and Navigation: T. J. Semmes. chairman ; M. 0. H. Norton. R. W. Estlin, F. Gardere. J. Pemberton, T. C. Man- ning, L. P. Conner of Concordia, L. Texada, G. L. Fuselier, B. Avegno and W. S. Pike. 4. On Postal Affairs: A. Walker, chairman; E. Bermudez, M. E. Girard. A. S. Ilerron. W. M Kidd. F. Labatut. R. C. Martin of Assump- tion, J. A. Rozicr, E. C. Davidson of Sabine, S. W. Dorsey, L N. Marks of Orleans. 5. On State Constitution and Protection of Private Rights: J. G. Oliver, chairman; R. Taylor of St. Charles. A. B. Roman. C. D. Stewart, R. B. Todd. T. A. Cook, T. W. Scott of East Feliciana. J. J. Michel. M. Valentine. Y. W. Graves. L. D. Marks of Caddo. 6. On Military and NavaP Aflairs : R. Tay- lor of St. Charles, chairman; B. G. W. Butler. H. Marshall. J. Garrett, R. Hodges, J. Mc- Closky D. O'Bryan, A. H. Gladden, W. Burton. W. M. Smith. W. D. Anderson. 7. On Formation of a Southern Confederacy: John Perkins. Jr., of Madison, chairman; H. Marshall, J. Moore. G. L. Fusrlier. A. "Walker, E. Sparrow. J. A. Taylor of St. Landry, J. L! Lewis of Claiborne, A. H. Gladden, L. J. Dupre, T. C. Manning. 8. On Finance and Contingent Expenses: B. L. Hodge, ehairnian; F. Gardere, Z. York. J. H. Martin of Carroll. N. W. Pope. J. B. Slawson, A. Provosty. T. J. Caldwell, J. M. Williamson. J. K. Elgee, R. Taylor of St. Charles. 9. On Foreign Relations: Ed. Sparrow, chair- man; A. Declouet. P. E. Bonford. J. J. Michel. J. Perkins, Jr., of Madison. AV. R. Miles. L. Texada, C. L. Swayze. W. C. Carr, L.P. Conner of Concordia. A. S. Herrou. 10. On Patents: M. E. Girard. chairman; W. R. Adams, F. Cannon, J. E. Miller, J. 0. Fuqua. 11. On Enrollment : P. S. Wiltz, chairman, F. Gardere, C. Bienvenn, J. Pemberton, A. De- Blanc. The following additional oflBcers of the Con- vention, were appointed by the President, viz: A. M. Perrault, Sergeant-at-Arms. J. R. T. Hyams, Warrant Clerk. Emile Wiltz, Albert Fabrc, Translating Clerks. William Simmons. Door-keeper, James Kirby, Page. Hon. C. M. Conrad was, on motion of Mr. Miles, invited to take a scat on the floor of the Convention. The hour having arrived for the formal intro- duction and reception of Hon. J. L. Manning, the duly accredited Commissioner from South Carolina, and the Hon. J. A. Winston, the duly accredited Commissioner from Alabama ; they were conducted to the floor of the Con- vention by Mr. Conner, of Concordia, whf^n being presented to the Convention in their official capacity, respectively addressed the Convention on the object of their mission, and presented their credentials, and the State Documents with which ihey were charged, into the hands of the President of this Con- vention. Mr. Elgee then presented an address to the Convention of the State of Louisiana, from the Honorables John Slidell, J. P. Benjamin, John M. Landrnm and T. G. Davidson, at Washington City, which was read to tlie Convention; and. on motion by Mr. Elam. 2500 copies of said address were ordered to be printed. Mr. Perkins, of Madison, then called np the special order of the day, it being the considera- tion of '• An Ordinance of Secession.*" reported by him, as Chairman of the Committee of Fifteen. Mr. Rozier then addressed the Convention upon the subject of the ordinance submitted by him as a substitute for the ordinance reported by the Committee of Fifteen. After which, the ordinance submitted by Mr. Rbzier l>eing read, preparatory to the vote being taken, on motion of Mr. Briscoe, a call of the House was had, when 128 Delegates were found to be present. Whereupon Mr. Cottman called for the yeaa and nays, which resulted as follows: Messrs. Bermudez, Bienvenn, Clark, Cook, Connelly, Conner of St. Tammany. Cottman, Davidson of Sabine, Duffel. Garrett, Gill, Hough, Lewis of Orleans, Meredith. McCollum, Patterson, Pierson of Winn, Roselius. Rozier, Smart. Stockcr,' Taliaferro, Verret, Williams — 24 yeas. Mcs.«r.«. Adams. Anderson, Avegno, Barbin, Barrow, Bonford, Bonner, Briscoe, Burton. Bush. Butler, Caldwell, Cannon, Carr, Conner, Davidson of Livingston, Declouet, DeBlanc, Dorsey. Dupre, Elam, Elgree, Estlin. Fuselier, Fuqua, Gladden, Gardere. Gaudet. Graves.Gray, Giriird, Griffin. Hernandez. Herron. Hodge, Hodges, Hollingswortb, Johnson, Kennedy, Kidd, Labatut, Lawrence, Lagroue, LeBlanc, LeBourgeois, Lewis of Bienville, Lewis of Clai- 16 JOURNAL OF THE CONVENTION borne, Manning, Marshall, Marrero, Marks of Caddo, Marks of Orleans, Martin of Assump- tion, Martin of Carroll, Magee, Melan^ou, ^liles, Micliel, Miller, Moore, Mouton, McClosky, iMc- Farland, McXcely. Norton, Olivier, O'Bryan. Perkins of Lafourche, Perkins of Madison. Per- kins of Orleans, Peck, Penibcrtou, Picrson of Natchitoches, Pike, Polk, Pope. Provosty. Pagh, Richardson, Roman. Slawson, Swayze. Semmes, Stewart, Sparrow, Sompayrac, Scott of Clai- borne, Scott of East Feliciana, Smith, Tappan, Talbot, Taylor of St. Charles, Taylor of St. Landry, Texada, Thomasson, Todd, Towles, Tucker, Valentine, Warren, Walker. Williams of East Baton Rouge, Williamson, Wilkinson, Wiltz and York — lOG nays — consequently the said ordinance was lost. Mr. Fucjua then called for the reading of the ordinance submitted by him as a substitute for the ordinance reported by the Committee of Fifteen, and addressed the Convention there- upon. After which, on motion of Mr. Kidd, the Convention adjourned to meet again at six o'clock, P.M. EVENIXG SESSIOX. The Convention met pursuant to adjourn- ment, at G o'clock P. M. Present : Hon. A. Mouton, President. It being perfectly apparent that there was a quorum of the Convention present, on mo- tion of Mr. Richardson, the calling of the roll was dispensed with. On motion of Mr. Lewis, of Claiborne, Mr. Fuqua's ordinance, then under consideration, was read, and, on motion of Mr. Herrou, the yeas and nays were called for upon the adoption of said substitute, which resulted as follows, viz: Messrs. Bermudez, Bienvenu, Bush, Clark, Cook, Connelly, Conner of St. Tammany, Cott- man, Davidson of Sabine. DuO'el, Fuqua, Gar- dere, Garrett, Gaudet, Herrou, Hough, Hol- lingsworth, Lagroue, LeBlanc, LeBourgeois. Lewis of Claiborne. Lewis of Orleans, Martin of Assumption, Magee, Melangou, Meredith, Mc- CuUom. Patterson, Perkins of Lafourche, Pier- son of Winn, Pike, Polk, Pope, Pagb, Roman, Roselius, Rozier, Sompayrac, Scott of Claiborne, Scott of East Feliciana, Stocker, Thomasson, Tucker, Verret, Walker, Williams o^ I'^ast Baton Rouge, Williams of St. Helena— 47 yeas. Messrs. Adams, Anderson, Avegnu, Barbin, Barrow, Bonford, Bonner, Briscoe, Burton, Butler, Caldwell, Cannon, Carr, Conner of Con- cordia, Davidson of Livingston, Declouet, De- Blanc, Dorsey, Dupre, Elam, Elgee, Estlin, Fuselier, Gladden, Graves, Gray, Gill, Girard. GrifQn, Hernandez, Hodge, Hodges, Johnston, Kennedy, Kidd, Labatut, Lawrence, Lewis ol Bienville, Manning, Marshall, Marrero, Marks of Caddo, Marks of Orleans, Martin of Carroll, Miles, Michel. Miller, Moore, Mouton, McClosky, McFarland, McNeely, Norton, Olivier, O'Bryan, Perkins of Madison, Provosty, Richardson, Blawson, Swayze, Stewart. Sparrow, Smith, Tappan, Talbot, Taliaferro, Taylor of St. Lan- dry Texada, Todd, Towles, Valentine, Warren, Williamson, Wiltz and York — 73 n»ys— and therefore the said substitute was lost. Mr. Bienvenu called up the resolution ofi'er«d by him on- yesterday, which being read, he withdrew them, and submitted instead the fol- lowihg resolution, which he offered as a sub- stitute : Resolved, That M'hatever the action of this Convention on the question whether or not this State ought to secede from the Union, it shall have no effect until the same shall have been ratified by the vote of the majority of the people at the ballot-box, and, to this effect, an election shall be held at the various election precincts of the State, cu the 25th day of February next, under the regulations -arid laws now in force in regard to the election of State officers. Those voting for the ordinance shall indwrse on their tickets "Ratification;" and those voting against it Lhc words " No Ratification." The Governor shall publish a proclamation duly notifying the people of the holding of said election, and or- dering the Sheriffs of the several pnrishea of tl\is State to cause an election to be held under the existing laws. Mr. Lewis, of Claiborne, then moved to ad- journ, but said motion was withdrawn at the request of Mr. Kidd, who offered the following resolution, which, on being put to the Conven- tion, was passed : Resolved, That the Auditor of Public Accounts be authorized to pay the warrants of the dele- gates and officers to this Convention, when they are countersigned by the President of the Con- vention and the Chairman of the Committee on Contingent Expenses. The following ordinance was then introduced by Mr. Polk, which was ordered to lie over under the rules : Be U oi-dained by the Convention of the State of Louisiana, in Convention assembled, that the action of this Convention, in passing the ordinance which is to dissolve the connection of the State of Louisiana with the other States of the Federal Union, is net to be understood as abandoning to'the other States, v.hich may not secede, its rightfnl claim to the property and territory now held in common by the United States of America. AVhereupon, on motion by Mr. Perkins, of Madison, the Convention adjourned until to- morrow morning at 9 o'clock. J. T. WHEAT, Secretary. Saturday, January 26, ISfil. The Convention met pursuant to adjourn- ment. Present : Hon. A. Mouton, President, and 119 delegates. Pending the reading of the journal, on motion by Mr. Provosty,* the reading of the names of the standing committees v/ere dis- pensed with. The journal of yesterday's sessions of tho Convention was approved. Mr. Provosty submitted the following reso- lution ; OF THE STATE OF LOUISIANA. 17 Resoked, That this Conrention accepts the proposition of the Common Council of the city of New Orleans, and that when it adjourns to- day, it will adjourn to meet in New Orleans on Tuesday ne.xt. the 2fuh instant. And Rejoiced furlhcr. That a committee of three he appointed by the President of this Conven- tion to confer with the .said Council of New Orleans as to the location and all necessary arrangements for this Convention. Mr. Moore moved lo amend the foregoioc; resolution by inserting instead of the words •• to-day " the words " the ?>llth of this month." Which amendment, on motion by Mr. F^lam. was ordered to lie on the table. Mr. Fuqua offered as a aubstitut'* fur Mr. Provosty-s resolution, a motion tliut a com- mittee of five be appointed to examine tlie Methodist churcli of this place, which was ten- dered to the use of the Convention, and report on its fitness for such purpose. A call for the original qu'^stion. Mr. Pro- voPty's resolution, being made. Mr. Ilerron. demanded the yeas and nays thereon, which re- sulted as fullowK : Mes.=rs. Adams. Aveirno. Barrow, Bermudez, Bienrenu. Bonford. Briscoe, Burton. Butler, ('aldwell. Cannon. Clark. Cook. Connelly. Con- ner of ^t. Tammany, Cottman. Declonet. De ]51anc, Dorsey, Dutfel, Dnpre, K.stlin. Kiiselier, Gladden, Garrett, Girard. Hernandez, Hodge. Kennedy, Labatut, Lawrence, Lagroup. Lewis of Claiborne, Manning. Marshall. Marrero. Marks of Caddo. Marks of Orleans. Martin of Assumption. Martin of Carroll, Magee. Melan- oon, Meredith, Milc^ Michel. Miller. McCloskey. McCoUom, McFarland, McNeely. Norton. ()li- Tier. Perkins of Lafourche. I'erkius of .Madison. Perkins of Orleans, Peck, Pemberton, Pierson of Winn. Polk. Provosty. Pugh, Roselius, Uo- zier. Slawson. Smart, Swayze. Semracs, .Stewart, Sparrow, Sompayrac. Scott of Claiborne, Stocker. Tajtpau. Talbot. Taliaferro. Taylor of St. Charles. Taylor of St. Landry. Thomasson, Towles. Tucker. N'alentine, Verret. Walker. Williamson. Wilkinson, Wiltz and York — 87 yeas. Messrs. Barbin. Bonner, Bu.sh, Carr, Conner, Davidson of Livingston, Davidson of Sabine, Klam, Elgee, Puqna, G:irdere, Graves. Gray, Griffin, Herron. Kough, Hodges. ITollingsworth. Kidd. LeBlanc, LeBourgeois, Lewis of Bien- ville, Lewis of Orleans, Moore, O'Bryan, Pat- terson. Pier.son of Natchitoches. Pike. Pope. Richardson. Roman. Scott of East Feliciana. Smith, Te.xada, Todd. Warren, Williams of V.A%i Baton Rouge, Williams of St, Helena — .^S nays. C'onsequently Mr. Provosty's resolution wa« adopted. Mr. Fu((ua then called up the substitute of- Committee on Judiciary and Federal Jurisdic- tion and Property in Louisiana. Which was carried. ^[r. Fuqua's call for the yeas and nays, which being tiien ordered resulted as follows : Met-srs, Bermudez, Bienvenu. Bush, Clark. Connelly. Conner of St. Tammany. Cottmau, Davidson of Sabine. Duffel. Fuqua, Garderc. Garrett. Gaudet. Ilerron. Hough, T.,agrouo, Le Blanc, LeBinirgeois. I.,ewis of Claiborne, Lewis of ()rl ans, .Martin of Assumption, Magee, ^[e- lancon, Meredili). McCollom. Patterson. Per- kins of Lafourche, J'icrson of Natchitochp?, Pearson of Winn. Pike, Polk. Pugh. Roman. Roselius, Rozier, Sompayrac, Scott of Claiborne. Scott of East Feliciana. Stocker. Taliaferro. Thonjas.«on. Tucker. Verret. Williams of Fast Baton Rongp. Williams of St. Helena 43 yeas. Messrs. Adams. Anderson. Avegno. Barbin. Barrow, Bonford. Bonner. Rri.«coe, Burton, Butler, Caldwell. Cannon. Carr, Cook. Conner, of Concordia. Davidson of I^ivingston. De- clonet. DeBlanc, Dorsey. Dupre. Elara, Elgee. Estlin, Fuselier. (Jladdeu. Graves. Gray, Gill, (rirard, GriJTin. ILrnandez, Hodge, llodges, Hollingsworth. Johnston. Kennedy, Kidd, La- batut, Lawrence, Lewis f>f Bienville. Manning. Marshall. .Marrero. Marks of Caddo. Marks i>t Orleans. Martin of Carroll. Miles. Michel. Miller, .Moore. McClo.=key, McFarland. McNeely. Nor- ton. Olivier. ()"Bryan. f'erkins of Madi.'jon. Perkins of Orleans. Peck. Pemberton. Pope. Provosty. Richard.-i»n, Slawson, Smart. Swayze. Semmes. Stewart. Sparrow. Sm th. Tapjian. Talbot, Taylor of St. Charles. Taylor of St. Landry, Texada, Todd. Towles. "Valentine. Warren. Walker. Williamson. Wilkinson, Wiltz and York — S4 nays. Therefore, the said substitute was lost. Mr. Perkins then called up the following or- dinance of Rf^cession. reported by him as t." air- man of the Committee of Fifteen : AN ORDINANCE to difsolve the union be- tween the State of Louisiana and other States, united with her under the compact entitled •• The Constitution of the United States of America :'" We. the people of the Slate of Ijouitiana. in Con^ vention afsemhUd. do declnre and ordain, and il it herthg declared and ordained. That the ordinance" passed by us in Convention on the iiild day of November, in the year ISH. whereby the Con- stitution of the United States of America and the amendments of the said Constitution were adopted ; and all laws and ordinances by which the State of Louisiana became a member of the Federal Union, be and the same are hereby repealed and abrogated : and that the union now subsisting between Louisiana and other States, under the name of '• The United States fered by Mr. Bienvenu. for his resolution to ' of America." is hereby dissolved. refer the action of this Convention on the Or dinance of Secession to the people, and de- manded the yeas and nays thereupon. Mr. Perkins of Madibon. having first asked and obtained leave, moved to refer the ordi- nance offered by Mr. Polk, on yesterday, to the C We do further dfdare and ordain. That the State of Louisiana hereby refuraes all rights and powers heretofore delegated to the Govern- ment of the United States of America ; that her citizens are absolved from all allegiance to said Governmeat : and that she is in full po»- 18 JOURNAL OF THE CONVENTION Bession and exercise of all those rights of sover- eignty which appertain to afree and independent State. We do further declare and ordain, That all rights acquired and vested under the Constitution of the United States, or any act of Congress, or treaty, or under any law of this State, and not incompatible with this ordinance, shall remain in force, and have the same effect as if this ordi- nance had not been passed. Mr. Lewis, of Claiborne, asked that he, to- gether with those who might desire it, elected on the co-operation ticket as Delegates to this Convention, be allowed to retire and consult together as to the action they would take on tde ordinance of recession reported by the Com- mittee of Fifteen. Mr. Perkins, of Madison, withdrew his call for the yeas and nays, and. on motion by Air. Dupre, the leave asked for was granted until 1 o'clock, allowing an interval of twenty minutes. On the return of the Delegates to their seats, and at 1 o'clock, the Convention was called to order, when Mr. Lewis, of Claiborne, asked that the co-operative Delegates, as their respective names are called, might be allowed to express their reasons for the vote they might give on the ordinance of secession. The call for the yeas and nays by Mr. Perkins of Madison, heretofore ordered, being now re- newed, was had and resulted as follows, viz : Messrs. Adams, Anderson, Avegno, Barbin, Barrow, Bermudez, Bonford, Bonner, Briscoe, Burton, Bush, Butler, Caldwell, Cannon, Carr, Clark, Cook, Connelly, Conner of Concordia, Conner of St. Tammany, Davidson of Livings- ton. Davidson of Sabine, Declouet, DeBlanc, Dorsey, Duffel, Dupre, Elam, Elgee, Estlia, Fuselier, Fuqua, Gladden, Graves. Gray, Gill, Girard, Griffin, Hernandez, Herron, Hodge, Hodges, HoUingsworth, Johnson, Kennedy, Kidd, Labatut, Lawrence, Lagroue, LeBlanc, Lewis of Bienville, Lewis of Claiborne, Plan- ning, Marshall, Marrero, Marks of Caddo, Marks of Orleans, Martin of Assumption, Mar- tin of Carroll, Magee. Miles, Michel, Miller, Moore, McCloskey, McCollom, McFarland. McNeely, Norton, Olivier, O'Bryan, Patterson, Perkins of Lafourche, Perkins of Madison, Per- kins of Orleans, Peck, Pemberton, Pierson of Natchitoches, Pike. Polk, Pope, Provosty, Pugh, Richardson, Slawson, Smart, Swayze, Semmes, Stewart, sparrow, Sorapayrac. Scott of Clai- borne. Scott of p]ast Feliciana, Smith. Tappan. Talbot, Taylor of St. Charles, Taylor of St. Landry, foxada. Thoraasson, Todd, Towles. Tucker. Valentine. Warren, Walker, Williams, of East Baton Rouge. Williams of St. Helena, Williamson, Wilkinson, V/iltz and York — 112 yeas. Messrs. Bienvenu. Cottman, Gardere, Garrett, Gaudet, Hough. LeBourgeois, Lewis of Orleans, Melangon, Meredith, Pierson of Winn, Roman, Roselius, Rozier, Stocker, Taliaferro, Verret — 17 nays. On motion by Mr. Moore, the rules were sus- pended, and the President of the Convention, Hon. A. Mouton. was permitted to give his vote on the adoption of the ordinance, which he accordingly did in the affirmative, making the resuH as follows, viz ; 113 yeas to 17 nays. The whole number of votes cast being 130. Upon the result of the vote just taken being announced, the President then proclaimed the following declaration : " In virtue of the vote just announced, I now declare the connection between the State of Louisiana and the Federal Union dissolved, and that she is a free, sovereign, and indepen- dent power.-' Upon the declaration of this proclamation, the bar of the house was removed, and His Excellency, Thomas O. Moore, Governor of the Independent State of Louisiana, entered upon the floor, preceded by the Flag of the State, and took position on the platform of the President, whereupon prayer was pronounced by Rev. W. E. H. Lingfield. and the Flag was blessed, according to the rites and forms of the Roman Catholic Church by Father J. Hubert. On motion by Mr. Perkins of Madison, the following resolution, reported by him as chair- man of the Committee of Fifieen, was then called up. and unanimously adopted . Resolved, That we, the people of the State of Louisiana, recognize the right of the free navi- gation of the Mississippi river and its tributa- ries by all friendly States bordering thereon. And we also rscognize the right of egress and ingress of tnc mouths of the Mississippi by all friendly States and Powers ; and we do hereby declare our willingness to enter into any stipu- lations to guarantee the exercise of said rights. Mr. Perkins of Madison, then moved that the Convention proceed to sign the Ordinance of Secession, the President of the Convention first, and the delegates in the order of the oc- currence of their respective names on the roll of the Convention, which was adopted. The President having, then, first affixed his signature to the Ordinance of Secession, the roll was called, and the delegates in order to to the number of 121. also signed their names, respectively, to the said ordinance. The President then appointed the following named persons as enrolling clerks ; George P. Childress, Francis Boismare, M. 0. LeBlanc. The President then appointed on the Com- mittee of Arrangements, comprehended in tha heretofore adopted resolution of Mr. Provosty, .Messrs. Provosty. Michel and Clark. Mr. Moore then offered the following resolu- tion, which on motion, was adopted . Be^dved. That the President of this Conven- tion be autliorized and requested to appoint a Commissioner in behalf of Louisiana to thti State of Texas. Mr. Peck offered the following resolution : Resolved. That a certified copy of the Ordi- nance of Secession be transmitted by the Presi- dent to our Senators and Members of Congress. And, on motion of Mr. Declouet, the fore- going resolution was amended by including '• the Governors of all the Southern States,'" OF THE STATE OF LOUISIANA. 19 which, being accepted by Mr. Peck, and the qaestion recurring upon the resolution as amended, it was adopted. On motion hy Mr. Barbin, it -wap ordered that Mr. Bloomfield, Sr., Postmaster, be authorized to forward all letters, etc.. that may arrive here addressed to the delegates to the Conven- tion to New Orleans. On motion by Mr. Briscoe, the following res- olution was then adopted : Resolved, That the sum of one hundred dol- lars be paid out of the contingent fund of the Convention to Oscar Arroyo, Esq., for his ser- vices as acting Secretary of this Convention before the same was organized. On motion by Mr. O'Bryan. il was ordered that a committee of five be appointed by the President to notify the Governor of the State, Lieutenant-Governor, and Speaker of the House of Representatives, of the passage of the Ordinance of Secession. The President then appointed on said com- mittee the following named delegates : Messrs. O'Bryan. Butler, Taylor of St. Lan- dry. Girard and Melantjou. Mr. Barbin offered the following resolution, which was, on motion, adopted : Resdved, Toat the sum of fifty dollars be paid out of the contingent fund of the Conven- tion to James Welsh, Assistant Secretary of the Convention before its organization ; and that the further sum of one hundred dollars be appropriated out of the same fund, to be di\ i- ded among the pages employed during the Hession of the Convention at Baton Rouge. On motion by Mr. Lawrence, the Convention then adjourned to meet in New Orleans on Tuesday next, the 29th inst.. at 10 o'clock, A. M. J. T. WHEAT, Secretary. Tt'ESDAY, January 29, 18G1. This being the day fixed by the Convention at Baton Rouge, on which it should meet in New Orleans, the Convention assembled according to adjournment at the City Hall. Hon. A. Mouton in the chair and 113 delegates present. The Convention was opened with prayer by Rev. Dr. Palmer, The minutes of last meeting having been read, they were approved without objection. It being past the hour for the regular busi- ness, the President called up the report of stan- ding committees. Mr. Provosty introduced a report on behalf of the Committee of Arrangements, and, on motion, it was ordered to lie on the table sub- ject to call. Mr. Elgee, moved that all report^ relative to Federal Affairs be presented with closed doors, but accepted the amendment of Mr. Walker, that this matter should be left to the discretion of the chairman of each committee. The motion thus amended was adopted. On motion of Mr. Moore, the foil Dwing resolu- Uoa was then adopted, \\z : Resolved, That a committee of three dele- gates be appointed to receive and introduce the Commissioners from other States that may be accredited to this Convention. The President appointed on said committee Messrs. Moore Conner of Concordia, and Roman. The report of the Committee on Judiciary being called up, its chairman, Mr. Bonford, stated that it. as yet. had no report to make. Mr. Perkins, as chairman, submitted the fol- lowing ordinance, reported on behalf of the Com- mittee on the Formation of a Southern Confed- eracy : AN ORDINANCE to provide for the appoint- ment of Delegates to a Convention to form a Southern Confederacy. We the peopU of Loumana, in Convenlion atsem- hled, do declare and ordain, and it is hereby declared and ordained. 1st. That this Convention will, on the 30th day of January instant, at the hour of 12 M., proceed to elect by ballot six delegates, two from the State at large, and one from each Con- gressional District, to represent this State in the Convention of seceding States proposed to be held at Montgomery, in the State of Ala- bama, on the fourth day of February, ISCl. for the purpose of securing concerted and har- monious action, and also of forming a Provis- ional Goverment for those States which have seceded and which may secede, and intend to lorm a Southern Confederacy. 2d. That the said delegates be instructed to aid in forming a Provisional Government on the basis of the Constitution of the United States for such States as have seceded or may iecede, to be established and put in operation before the fourth day March, 14=61, and that the same Convention of seceding States shall proceed forthwith to consider and propose a Constitution and plan for a permanent Government for such States, which proposed plan shall be referred back to the several State Conventions for their adoption or rejection. 3d. That this Convention accepts the recom- mendation of the State of South Carolina, that each State be entitlod to one vote in the said Convention upon all questions which may be voted upon therein ; and that each State send as many delegates as are equal in number to the number of Senators and Representatives to which it was entitled in the Congress of the United States. 4th. That if from anycause the said Convention should not assemble at the time and place above mentioned, then, and in that event, the said dele- gates be, and they are hereby accredited to any Convention of seceding States which may meet at any other time and place, having for its ob- ject the formation of a Government, and th« establishing of a Confederacy, as hereinbefore prescribed, and which may adjourn to meet at any other time and place. Mr Perkins then asked the privilege and was permitted to read the following joint letter from the commissionerB from South Carolina and Alabama : 20 JOURNAL OP THE CONVENTION Baton Houoe, Jan. 25. 1861. ) Hon. A. Mouton, President of the Conveation : j Sir — Permit us to correct an omiesiou on our part iu addressing the Convention iu one par- I licular. The States of South Carolina, Ala- bama, Georgia, Florida and Mississippi have ; named the 4th day of February. 1861, as the j time for the assemblajje of the Convention of | the States which have and may diFSolve their ; connection with the Govermnent of the United | iStates. and the place, Montgomery, Ala. Many important questions wi'll necesserily | come up immediately upon the assemblage of ■ that body for its consid'-ration. upon which it j will be very desirable for the State of Louisiana : to be heard, and her influence felt and recog- : nized. It is ot paramount importance that ! many measures shall be acted on with all dis- ' patch possible. i Prominent amongst others will be an early • communication with foreign nations, and a con- j sequent recognition by them of the new Con- ! federacy. Allow us too to express a hope thai j should the State of Louisiana place herself in ; line with the States which have aQnounced their I purpose of forming a Southern Confederacy, she ' may appreciate the imperious importance of having her voice heard at the very commence- ment of the deliberations of the Southern Con- vention, and that delegates be appointed by the Convention over which you preside, in time to meet us. Very respectfully, your ob't eerv'ts, JOHN A. WINSTON. JOHN L. MANNING. Mr Perkins, of Madison, moved to postpone any action upon the report of the committee on the formation of a Southern Confederacy, until copies of said report were printed, and that it be made the especial order of business at 4 o'clock, P. M. which motion was adopted. Mr. Semmes then moved, as chairman of the Committee on Commerce and Navigation, that the doors of the Convention be closed before the reading of his report, which was carried. The Convention then went into secret session, and remained in session until 3 o'clock, P. M., when, on motion the doors having been opened, Oa motion by Mr. Estlin, the Convention ad- journed to meet again at 6 o'clock, P. M. EVENLVG SE.S.SI0N. The Convention met pursuant to adjonrnmeut_ Present : Hon. A. Mouton and 98 delegates. The anfinished business being called up Mr. Semmes moved that the house be cleared, and that the Convention go into secret session, which was adopted. The Convention accordingly went into secret session, and remained sitting until 8 o'clock. When, on motion of Mr. Lawrence, the doors of the House were opened. The ordinance reported by Mr. Perkins of Madison, as chairman of Committee on the Formation of a Southern Confederacy, was then taken up, eectioa bj section. The -first section being read, Mr. Walker moved to amend by striking out of third line, first section all after the word "delegaie.s.'' to the words "to represent" in fourth, line making it read as follows." 1. That this Convention will, on the 30th day of January instant, at the hour of 12 M., pro- ceed to elect by ballot six delegates, to repre- sent this State in the Convention of the seceding States, proposed to be held at Montgomery, in the State of Alabama, on the fourth day of February, ISGl, for the purpose of securing concerted and harmonious action, and also of forming a Provisional Government for those States which have seceded, and which may secede, and intend to form a Southern Confede- racy. Mr. Kidd moved td lav this amendment on the table. Mr. Walker demanded the yeas and nays, which resulted as follows : Yeas, 74; nays, 32. Therefore the said amtindment was ordered to lie on the table. Mr. McCoUom offered to amend the same section by striking out the word '-sect'ding," and inserting the word "Southern," in the fifth line ; and striking out the words '-have seceded and which may secede and intend,'" and insert- ing the word "intend," making the said section read as follows viz : 1. That this Convention will, on the 30th day of January instant, at the hour of 12 M.. pro- ceed to elect by ballot six delegates, tvo from the State at large, and one from each Congress- ional Di.strict, to represent Ihe State in the Convention of Southern States proposed to be held at Montgomery iu the State ot Alabama, on the fourth day of February, 18()l,for the pur- pose of securing concerted and harmonious action, and also of forming a Provisional Gov- ernment for those States which intend to form a Southern Confederacy. On motion by Mr. Sparrow. Mr. McCoUom's amendment was laid on the table. Mr. Herron then moved the following amend- ment: And that those Southern States which have not seceded , be invited to send delegates, for the purpose of consulting in said Convention with the delegates of the States which have seceded. Which amendment, on motion by Mr. Hodge, was laid on the table. The question recurring upon the section as originally offered, it was, on motion by Mr. Semmes, adopted. The second section being next in order, Mr. Hough offered to amend the same by striking out all after the word "secede" in the fourth line, all of the fifth line, and the words ''the same" in the sixth line, and insert the word '•such.'' making tlie said second section read as follows . 2. That the said delegates be instructed to aid in forming a Provisional Go\ ernment on the basis of the Constitution of the United States, for such States as have seceded or mav OF THE STATE OP LOUISIANA. 21 secede, and that euch Convention of seceding States shall proceed forthwith to consider and propose a Couptitution and plan for a Perma- nent Government foi such States, which pro- posed plan shall be referred back to the several State Conventions for their adoption or rejec- tion. Which amendment, on motion by Mr. William- son, was laid on the table. On motion by Mr. Semmes, the second section of the ordinance, as originally reported, was adopted. The third section, on motion by Mr. Elgee. was adopted, and the fourth section, on motion by Mr. Semmes, was also adopted. When, on motion by Mr. Williamson, the ordi- nance was adopted as a whole. Mr. Lawrence introduced the following resolu- tion. Resolved, That the Sergeaut-at-Arms l)e in- structed to procure for the members and Secre- taries of this Convention, eight copies of such daily papers, or their ecpiivalent in weeklies, as may be selected by tiiem. ,Mr. Kidd moved to amend the foregoing reso- hitiim by inserting, instead of -eiglit,"' the word ■•five," which was accepted by Mr. Law- rence. Mr. Perkins, of Orleans, moved to lay said resolution on the table, which was lost. And the vote being taken upon the I'c.^olu- tion as amended, it was adepted. On motion by Mr. Walker, the Convention then adjourned, to meet again to-morrow, at 12 o'clock, M. J. T. WHEAT. Sec'v. Wkdxesday, January, 30, 18C1. Pursuant to adjournment the Convention as- pembled at 12 o'clock, M. ; lion. A. Mouton, President, in the chair, and 122 delegates present. The Convention was opened with prayer by the Ki'v. T. R. Markham. Mr. Moore moved to dispense with the read- ing of the journal of yesterday, which motion was adopted. Mr. Moore then moved that he be permitted to introduce to the Convention the Hon. W. J. \'a8on, tlie Commissioner from the State of Georgia, accredited to the State of Louisiana. There being no objection to this motion, Mr. Vason was then introduced and. having received the hearty welcome of the President of the Con- vention, presented his commission and addres- sed the Convention. Mr. Texada moved to reconsider the vote taken yesterday, by which the ordinance re- ported by Mr. Perking, of Madison, chairman of the Committee on the "Formation of a Southern Confederacy," relative to the election of dele- gates to represent the State of Louisiana at the approaching Convention to be held at Mont- gomery, Alabama, was adopted. Mr. Martin moved to lay this motion OQ the table, on which motion the yeas and nays were demanded. The result of tlie call for the yeas and nays was as follows, to-wit. Messrs. Adams. Anderson, Avegno, Bonner, Briscoe, Barbin, Burton, Bush. Butler, Caldwell, Carr, Connelly, Conner of Concordia, Cottman, David. ., Messrs. Perkins, of Madison, and Declouet having received a majority of all the votes cast, they were dechired duly elected delegates from the State at lai'^^e. Mr. Fuqua tlien moved to go into election for delegates representing the Congressional Dis- tricts, and to elect them in their order, com- mencing with the First Representative District. Adopted. Mr. Lewis, o: Orleans, nominated Hon. Chas. M. Conrad, Mr. Wiltz no.ninated Hon. Chas. Gayarre. The vote on which nominations was as fol- lows : For Mr. Con ad : Messrs. Adams, Anderson, Avegno, BieuA enu, Bonford, Bonner, Briscoe. Burton, Bush, ('arr, Cook, Connelly, Conner of Concordia, Cottman, Davidson of Sabine, De- clouet, Dorsey, Duffel, Dupre, Elgee, Estlin, Fuselier, Fuqii i, Gardere, Gaudet. Graves. GUI, Hernandez, H Tron, Hough. Hodge, Hodges, HoUingsworth. Kennedy, Kidd, Labatut. I,a- groue, LeBlanc. LeBourgeois, Lewis of Orlea.is, Manning. Mark-? of Orleans. Martin of Assump- tion, Martin (^f Carroll, Melancon. Meredith, Miles, Michel. Moore, McCloskey, McCuUom, Norton, 01ivi( r, Perkins of Lafourche, Perkins of Orleans, Pi'mberton, Pierson, Pike, Polk, Pope, Pugh, R.jmau, Roselius, Rozier, Slaws-on, Swayze, Semmes, Sparrow, Scott of Claiborne, Stocker. Tapp;in, Talbot, Taliaferro. Taylor of St. Landry, Toxada, Thomasson, Todd, Tucker. Verret, Walker. Williams of East Baton Rouge, Williamson and Wilkinson — 84. For Mr. Gayarre : Messrs. Barbin, Barrow, Bermudez, Butler, Caldwell, Conner of St. Tammany, Davidson of Livingston, DeBlanc, Elam. Gladden. Gray, Girard, Griffin, Johnston, Lawrence. Lewis of Bienville, Lewis of Clai- borne, Marshall, Magee, Miller, Mouton. Mo- Farland, McNeel3^ O'Bryan, Perkins of Madison; Pierson of Natchitoches, Provosty, Richardson, Sompayrac, Si'ott of East Feliciana, Smith, Taylor of St. Caarles, Valentine, Warren, Wiltz, York— 3G. Mr. Marks, of Caddo, voted for Mr. Benjamip, and Mr. Smart voted for Mr. Lawrence. KECAPITULATXOX. Mr. Conrad received 84 votes. Mr. Gayarre n ceived 36 Scattering 2 .. Whole number of votes 122 Mr. Conrad having received a majority of all the votes cast, was declared duly elected to represent the First District. On motion, the election of a delegate to represent the Second District was then gone into. OF THE STATE OP LOUISIANA. ^3 Mr. Tappan nominated Hon. Duncan F. Kenner. Mr. Semmes nominated Mr. W. R. Adams, of New Orleans. Mr. Estlin nominated Mr. Dan. W. Adams, of New Orleans. The vote being taken, the result was as follows : For Mr. Kenner ; Messrs. Anderson, Avegno, Barrow, Bcrmudez, Bienvenu, Burton. Bush. Butler. Carr, Cook. Conner of Concordia, Con- nelly, Cottman. Davidson of Livingston. David- eon of Sabine, Declouet. DeBlanc, Dorsey. Dufll'l, Dupre, Elam. Elgee, Fuselicr, Gladden. Gar- dere. Gaudet, Graves. Gray. Gill, Girard. Griffin, Hernandez. Hough. Ilodge, Hodges, HoUingsworth. Johnston. Kennedy. Labatut. Lawrence. Lagroue, LeBlanc. LeBourgeois, Lewis of Bienville. Lewis of Claiborne, Lewis of Orleans, Manning. Marshall. Martin of As- sumption, Martin of Carroll, Magee, Molancon. Moore, McCollom. Norton, Olivier. 0"Bryan. Perkins of Lafourche. Perkins of Madison. Per- kins of Orleans. Pemberton, Pierson of Natchi- toches. Picrson of Winn, Pike. Polk. Provosty. Pugh. Richardson, Roman, Rozicr, Slawson, Swayze, Sparrow, Sompayrac, Scott of Clai- borne, Scott of East Feliciana. Smith. Tappan. Talbot. Taylor of St. Charles. Taylor of St. Landry, Tcxada, Thomasson. Todd. Tucker, Valentine, Verret. Warren. Walker, Williams of East Baton Rouge. Williamson. York — 92. For Mr. D. W. Adams : Messrs. Bonford. Bris- coe, Caldwell. Estlin. Fuqua. Marks of Caddo. Miller, McClosk<'v. McXeely, Peck, Smart, Stew- art, Towles and Wiltz— 14. For Mr. W. R. Adams : Messrs. Barbin Bon- ner, Conner of St. Tammany, Herron, Kidd. Marks of Orleans. Meredith. Miles, Michel, Semmes. Stocker, Taliaferro, AVilkinson — 1.3. Hon. A. Mouton. President, voting for Mr. Taylor of St. Charles. KECAPITILATION. Mr. Kenner received 92 votes. Mr. D. W. Adams received 14 .. Mr. W. R. Adams received 13 Scattering 1 Whole number of votes 120 Mr. Kenner having received a majority of all the votes cast, was declared duly elected to represent the Second Representative District. On motion to go into the election of a dele- gate to represent the Third District, Mr. Dupre ?iominated Mr. Sparrow, who, being the only nominee, was, on motion by Mr. Briscoe, de- clared unanimously elected. The election of a delegate to represent the Fourth District being next in order — Mr. Lewis, of Bienville, nominated Mr. B. W. Pearce. of Bienville. Mr. Dorsey nominated Mr. .1. K. Elgee of liapides. Mr. Elam nominated Mr. Henry Marshall of DeSoto. Mr. Moore nominated Mr. B. Ij. I^. Hodge of Caddo. The vote being taken, resulted as follows : For Mr. Pearce : Messrs. Barbin, Bonner, Bur- ton, Conner of St. Tammany, Davidson of Livingston. Gill, Hough. Hodge, Lewis of Claiborne, Lewis of Bienville, Magee. O'Bryan, Richardson, Taylor of St. Charles, Warren and Williams — 17. For :Mr. Elgee : Messrs. Avegno. Bush. Can- non, Connelly, Davidson of Sabine, Dorsey, Gray. HoUingsworth, Lawrence. Manning, Mar- tin of Assumption. Melancon, Norton, Perkins of Lafourche, Pike. Pope. Pugh. Roman, Smart. Scott of East Feliciana, Taliaferro, Tex- ada. Tucker, Walker. Williams of East Baton Rouge — 25. For Mr. Marshall: Messr.s. Anderson, Barrow, Butler, Caldwell, Cook, Conner of Concordia, Declouet, DeBlanc. Dupro. Elam, Estlin, Fuse- litT, Gladden. Graves. Girard, Hodge. Kennedy, Marks of Caddo. Martin of Carroll, Miller, Mouton. McFarland. McNeely, Olivier, Perkins of Madison, Provostv. Swavze. Semmes. Stew- art, Sparrow. Smith. Talbot, Taylor of St. Landry. Towles, Valentine, Williamson and York— 37. For Mr. Hodge: Messrs. Bermudez. Bienvenu, Bonford, Briscoe, Carr. Cottman, Duffel, Elgee, Fuqua, Gardere, Gaudet, Griffin. Hernandez, Herron, Johnson, Kidd. Labatut. Lagroue. Le- Blanc, LeBourgeois, Lewis of Orleans, Mar- shall, Marks of Orleans. Meredith, Michel, Moore. McCloskey, McCollom. Perkins of Or- leans. Pemberton. Picrson of Natchitoches, Pierson of Winn. Rozier. Slawson. Sompayrac, Scott of Claiborne, Stocker. Tappan, Thomas- fon. Todd and Verret — 13. Mr. Polk cast his vote for Gen. Phillips of DeSoto. No one having received a majority of the votes cast, the Convention proceeded to a second ballot. The name of Mr. Elgee being withdrawn, the result of the vote was as fol- lows : For Jfr. Hodge : Messrs. Bienvenu, Bonner, Bush, Cannon, Carr, Connelly, Conner of St. Tammany, Cottman. Duffel. Elgee. Fuqua. Gar- dere. Gaudet. Griffin, Hernandez. Herron, Houch, HoUingsworth, Kidd, Labatut. Law- rence. Lagroue, LeBlanc, LeBourgeois. Lewis of Orleans, Marshall, Melancon, Meredith, Michel, Moore, McClosky, McCollom, Norton. Perkins of Lafourche, Pemberton, Pierson of Natchitoches, Pierson of Winn, Pike, Pope, Pugh, Roman, Rozier. Slawson. Sompayrac, Scott of Claiborne. Stocker. Tappan. TaliafeiTo, Thomasson, Todd, Tucker. Verret, Williams of Eaft Baton Rouge. Wilkinson and Wiltz — .5.'>. For Mr Marshall: Messrs. Anderson, Avegno, Barrow, Bermudez. Briscoe, Butler, Caldwell, Cook. Conner of Concordia. Davidson, of Sa- bine, Declouet, DeBlanc, Dupre, Elam, Estlin, Fuselier, (Jladden, Graves. Gray, Girard, Hodge. Johnston, Kennedy, Marks of Caddo. Marks of Orleans, Martin of Carroll, Miles, Miller, Mou- ton, McFarland, McNeely, Olivier, Perkins of Madison, Perkins of Orleans. Polk, Provosty, Swayze. Semmes, Stewart. Sparrow, Scott of 24 JOURNAL OF THE CONVENTION East Feliciaua, Smith, Taylor of St. Lnndry, Tcxada, Towles, Valentine. Walker. Williara- Koa, York — 40. For Mr. Pearce : Messr.<. Barbin. Burton. Davidson of Livinpjston, Ilodgcs, Lewis of Bienville, Lewis of Claiborne, Manning. Martin of Assumption. Magee, O'Bryan, Hicbardson. Smart, Taylor of St. Charles, Warren, Williams of St. Helena — I.j. No one having received a majority of tlie votes cast, the Convention proceeded to the third ballot. The name of Mr. Pearce being withdrawn, the result of tlie yoti" was as fol- lows : For Mr. Marshall : Messrs. Anderson. A\'cgno. Barbin, Bermudez, Barrow, Briscoe, Burton, Butler, Caldwell, Coolv, Conner, of Concordia, Davidson of Livingston, Davidson of Sabinr, DeBlanc, Declouet, Dorsey, Diipre, Ehxm, Est- lin, Fuselier, Gladden, Graves, Gray, Gill. Girard. Hodge. Hodges, Johnston, Kennedy, Labatut, Lewis. Manniag, Marks of Caddo, Marks of Orleans, Martin of Carroll, Magee, Miles, Miller, Mouton, lilcFarlnud. McNecly, Olivier. O'Bryan, Perkins of Madison, Polk, Provosty, Richardson, Smart, Swayze, Semmes, Stewart, Sparrow, Scott, of East Feliciana, SmitQ, Taylor of St. Landry, Texada, Towles, Valentine, Warren, Walker. AVilliamson and York— 62. For Mr. Hodge : Messrs. Bienvenu, Bonner, Bush, Cannon, Carr, Connelly, Conner of St. Tammany, Duffel, Elgee. Fuqua, Gardere, Gau- det. Griffin, Hernandez, Herron, Hough, Hol- lingsworth, Kidd, Lawrence, Lagroue, LeBlanc, LeBourgeois Lewis of Bienville, Lewis of Or- leans, Marshall, Martin of Assumption, Melan- con, Meredith, Moore, McCloskey, McCollom, Norton, Perkins of Lafourche, Pemberton, Pier- son of Natchitoches, Pierson of Winn, Pike, Pope, Pugh, Roman, Rozier, Slawson, Sonipay- rac, Scott of Claiborne, Stocker, Tappan, Taylor of St. Charles, Thomasson, Todd, Tucker, Ver- ret. Williams of East Baton Rouge, Wilkinson, Wiltz— 54. RECAriTri.ATIOX. Mr. Marshall received 02 votes. Mr. Hodge received ."> t .. Whole number of votes 116 Mr. Marshall having received a majority of all the votes cast, was declared duly elected as the delegate from the Fourth Representative District. The President then announced the following named delegates to compose the committee comprehended in the report of the Committee on Commerce, Revenue and Navigation, adopted yesterday: Messrs. Norton, Laba'ut. (rrififin. Lawrence, Sompayrac. On motion of Mr. Kozior. the Convention then adjoui'ned. J. T. WHEAT. Secrctarv. TnuRSDAT, Jan. 111. 1861. The Convention met pursuant to adjourn- ment at the hour appointed, and after prayer by the Rev. Afr. McCoy, jiroceeded to business. PresiMit : Hon. A. Mouton President, and one hundred and one delegati^s. Dnriuir the roll call Mr. ITienvenu explained the reason of the absence of his colleague. Mr. Clark, stating it to be on account of a sudden and dangerous illness. Pending the reading of the journal of yester- day, it ^^as. on motion by Mr. Moore, corrected ' y the insertion of Mr. llerron"s motion to sulv stitute, in tlie Isl section 4th line of the ordi- nance reported by the Committee on the " For- mation of a Southern Confederacy,'' the words "viva TOOc,"' instead of the words •' by ballot,'' which had been agreed to by unaninions con- sonl. After which the journal was approved. Mr. Provosty, as ctiairman of the Committee on Rules and Regulations, .submitted the fol- lowing as his report, viz : RUr.ES A\n KEOULATIOXS OK THK CONVENTIOX OK THE I'EOrLE 0I<" LOnStAXA. T/ie Duties and Ei of the Frcsident — 1. He shall take the chair every day at the hour to which the Conv. ntion shall have adjourned on the preceding day, and immediately call the members to order. If a quorum should be in attendance, he shall cause th« journal of the preceding day to be read. 2. He "shall preserve order and„' decorum ; may speak to points of order in preference to members, rising from his scat for th.it ])urpose ; he shall decide questions of order, subject to an appeal to the Convention made by any two mem- bers, on which appeiil no member shall speak more than once unless by leave of the Conven- tion. 3. He shall rise to put a question, but may state it while sitting. 4. Questions shall be distinctly put in this form, to-wit : "'As many of you as are of opin- ion that (as the question may be) say^y*.-" and, after the alSrmative voice is expressed — "As many as are of contrary opinion say A'b." If the Preiident doubt, or if a division lie called for, the Convention shall divide ; those in the afiirmativ-o of the question shall rise from their seats, and afterwards those in the negative. The President shall then rise and state the deci- sion of the Convention. 5. The President shall have the right to ex- amine and correct the journal before it is read. He shall have a general direction of the hall. He shall have a right to name any member to perform the duties of the chair, but such substi- tution t^hall not extend beyond an adjournment. 6. In all cases of election by the Convention, the President shall vote ; in other cases he shall not vote, unless the Convention be equally di- vided, or unless his vote, if given to the minor- ity, will make the division equal ; and in case of such equal division, the question shall bn lost. 7. All committees shall be appointed by the OP THE STATE OP LOUISIANA. 25 President, imleps otherwise especially directed by the ConTention, in which case they shall be elected by the Convention ; and, if upon such vote, the number required shall not be elected by a majority of the votes given, the Convention shall proceed to a second vote, in which a plu- rality shall prevail : and in case a greater num- ber than are required to compose or complete a committee fhall have an equal number of vot»s, the Convention shall take another vote. 8. All acts, addros.'^es. and joint resolutions, shall l)p ligned by the President: and all writs, warrants and subpcenas, issued by order of the Convention, shall he under his hand and attested by the Secretary. 9. In case of any disturbance or disorderly conduct in the gallery or lobby, the Prfsident (or Chairman) shall have power to order the same to be cleared. Hule.'f of Decorum and Dehate. — 10. When any member is about to spoak in debate or deliver any matter to the Convention, he shall rise from his seat and respectfully address himself to '• Mr. President." 11. If any member, in speaking dr otherwise, transgrofss the rales of the Convention, the President shall, or any nimuber may, call to order; in which case, the mi'inber so called to order shall immediately sit down, unless per- mitted to explain ; and the Convention shall, if appealed to. decide on the case, but without dehatp. If the decision be in favor of the mem- ber called to order, he shall be at liberty to proce(;d : if thf decision be against him. and the case require it. ho shall be liable to the cen- sure of the Convention. 12. When two or more members happen to rise at once, the President shall nanif the one who is first to speak. 18. No member ."^hall speak more than twice on the same question, nor more than half an hour on each occasioii, without leave of the Convention, nor more than once until every member choosing to speak shall have spoken. But the mover of any proposition shall have the right to open and close the debate ; and in case tlip proposition comes from any committee, then the member making the report from the committee sh.-ill have the right to open and close the debate in like manner. li. Whilst the yeas and nays are being called or votes are being counted, no member shall visit the Secretary's desk. 15. No member shall vote on any question in the result of which he has a separate and dis- tinct interest, nor in any case when he was not within the bar of the Convention when the ques- tion was put. And when any member shall ask leave to vot^. the President shall propound to him the question : Were you within the bar when the question was put ? Hut when the yeas and nays are taken, and any member ask leave to vote, the President shall in((uire of him whether be was within the bar vhen his name tras called ? 16. Upon a division and count of the Conven- tion upon any question, no member without the bar shall be counted. 17. Every member who ehall be in the Con- D ' vention when a question is put, shall give his vote, unless the Convention, for reasons as- signed, shall excuse him. No member shall be allowed to make any explanation of a vote he is about to give, or ask to bo exi'used from voting, after the Secretary, under order of the Convention, shall have commenced calling the yeas and nays. 18. When a motion is made and seconded, it shall be stated by the President; or. being in writing, it shall he h.inded to the chair, and read aloud by the Secretary, before debated. 19 Every motion should be reduced to writing, if the President or any member desire it. 20. No person shall he admitted within the bar but members of the Convention, officers of the State Government, and such other persons as the President may think proper to invite to a seat in the Convention. 21. After a motion is stated by the President, or read hy the Secretary, it shall be deemed to be in possession of the Convention, but may be withdrawn by the mover with the consent of the member who may have seconded the propo- sition. 22. When a question is under debate, no mo- tion .shall he received but to adjourn ; 2d. to lie on the table ; 3d, for the previous question ; •1th. to postpone to a certain day ; .5th. to com- mit ; 6th. to amen«l ; or 7th, to postpone ind-fl- nitely— which several motions shall have pre- cedence in theorder in which they are arranged, and no motion to postpone to a day certain, to commit, or to postpone indefinitely being de- cided, shall be again allowed on the same day and at the same stage of the motion or proposi- tion. A motion to strike out the enacting words of a motion shall have precedence of a motion to amend, and. if carried, shall be considered equivalent to its rejection. 2.1 The previous question shall be put in this form : •' Shall the main question now be put ?" It shall only be admitted when seconded by a majority of the memberspresent. and, when car- ried, its effects shall Vie to put an end to all de- bate, and to bring the Convention to a direct vote — 1st, upon the pending amendment, and so on back to the first amendment offered ; 2d. upon amendments, reported by a committee, if any ; and 3d. upon the main question. (Jn a motion for the previous question, and prior to the seconding of the same, a cull of the Convention shall be in order ; but after a ma- jority shall have seconded such motion, no call ehall be in order prior to a decision of the main question. On a motion for the previous ques- tion there shall be no debate. All incidental questions of order arising after a motion is made for the previous question, and pending such motiim. shall Ije decided, whether on appeal or otherwise, without debate. After a call for the previous question has been sus- tained by the Convention, the question shall b;ates to the Montgomery Convention upon this or any other subject. Mr. Semmes moved to lay Mr. Fuqua's reso- lutioD on the table, on which motion the yeas and nays were demanded, and resulted as follows : The yeas were Messrs. Anderson, Barbin, Barrow, Bermudez, Bienvenu, Bonner, Briscoe, Burton, Butler, Caldwell, Cannon. Cook. Con- ner of Concordia, Conner of St. Tammany, Dav- idson of Livingston. Declouet, DeBlanc, Dorsey, Elam. Fuselier. Gladden, Gill, Gray, Hernan- dez, Herron, Hodges, Hollingsworth, Kennedy. Lawrence. Legroue. LeBourgeois, Lewis of Claib. That article thirty-nine of the Constitution be and the same is liereby repealed. 4. That article forty-six of the Constitution be altered so as to read as follows, to-wit : He shall be Commander-in-Chief of the army and navy of this State, and of the militia thereof, 5. That article one hundred and twenty-six be altered, so as to read as follows. to-Avit : Any citizen of this State, who shall, after the adoption of the Ordinance of Secession of the State of Louisiana from the Federal Union, fight a duel with deadly weapons with a citizen of this State, or send or accopt a challenge to fight a duel with deadly weapons, either within this State or otit of it, with a citizen of this State, or who shall act as second, or knowingly aid or assist in any manner those thtis offend- ing, shall be deprived of holding any office of trust, or profit, and of enjoying the right of suffrage under this Constitution ; and the office of any State officer, member of the General Assembly, or of any other person holding office of profit or trust under this Constitution, and the laws made in pursuance thereof, shall be. ipso facto, vacated by the fact of any such per- son committing the offense mentioned in this article, and the Legislature shall provide by law for the ascertaining and ^declaration of such forfeiture. 10. That article one hundred and twenty- seven bo altered so as to read as follows, to- wit : The Legislature shall have power to ex- tend this Constitution and the jurisdiction of this State over any territory which may be acquired by the State of Louisiana. 11. That article one hundred and twenty- eight be altered so as to read as follows, to- wit : None of the lands heretofore granted by the Congress of the United States to the State of Louisiana, ibr aiding it in constructing the necessary levees and drains, to reclaim the swamp and overflowed lands in this State, shall be diverted from the purposes for which they were granted, except for arming and defending the State. Mr. Cannon then submitted the following resolution : Resolved, That we, the duly authorized dele- gates in General Convention assembled, do hereliy abolish the present legislative body, known and recognized as the " General As- sembiy " of the State of Louisiana. Which resolution, on motion by Mr. Moore, was laid on the table. On motion of Mr. Walker, the doors of the OP THE STATE OP LOUISIANA. 33 Convention were closed, and the Convention went into secret session, and, after remaining in such session until 4 o'clock, P. M., the Con- vention resumed its open session, when, on motion, the Convention adjourned. J. T. WHEAT, Secretary. Saturday, Feb. 2, 1861. The Convention met pursuant to adjourn- ment, Hon. A, Mouton presiding. After prayer by the Rev. B. S. Dunn, the roll was called, and 88 members were found to bo present. During roll call, Mr. Taylor, of St. Landry, gave as the reason for Mr. Dupr^'s absence from the Convention, that he was quite unwell. The journal was then read and approved. Mr. Moore moved that, in calling the roll, the names of those delegates who had been appointed delegates to the Montgomery Con- vention be dispensed with until further orders, which motion was carried. At the suggestion of the President, the jour- nal of the proceedings of the Convention had, on the 29th ult., was read, and, there being no objection, it was approved. Mr. Gladden offered a resolution to amend the "rules and regulations"' of the Convention, which was ordered to lie over under the rules. Mr. Adams offered the following resolution, which was adopted : Raolved, That the Committee on Commerce, Revenue and Navigation be instructed to com- municate with the Hon. F. H. Hatch, Collec- tor of the Port of New Orleans, for the purpose of obtaining from him such data and statistics in regard to the revenues and commerce of the Southwest, as well as of the operations of his department generally, as may be valuable to this Convention. Mr. Michel presented an ordinance relative to the citizenship of those persons who had enlisted in the army and navy of Louisiana, and who were not citizens at the time of the passage of the Ordinance of Secession, which was referred to the Committee on Citizenship. Mr. Taylor, of St. Charles, then presented the following resolution, which was adopted : Resolved, That this Convention approves of the action of the Military Board of the State of Louisiana in organizing an enlisted force of five hundred men for four mouths to take charge of and hold the forts and arsenals ; and that it also aproves of the action of said board in taking charge of the several military ofiices of the United States in this city. Mr. Taylor, of St. Charles, then presented an ordinance for the establishment of a regular military force for the State of Louisiana, repor- ted by him as chairman of the Committee on Military and Naval Affairs, which, being read, was, on motion, ordered to be printed, and made the special order of the day for Tuesday next, at 12 o'clock M. Mr. DeBlanc, in behalf of the Committee on Enrollment, reported that the following ordi- oancefl had been duly enrolled, viz : An ordi- E nance to authorize the President to appoint a committee of five to take an inventory of all property, money and effects, delivered into tha possession and control of the State by Federal officers in the pari.-h of Orleans. An ordinance rohjliv. ;v h- ! venues collected at the port of Nhw Ori'.bi;i.s. A. > ordinance relative to Fede- ral law.- and oiHc j rs in the State of Louisiana at the tluioofth'' . i-ssagc of the Ordinance of Secession. An ordinance to amend the Consti- tution of the State of Louisiana. Air. Estlin then offered the following resoln- tion, which was referred to the Committee on Commerce, Revenue and Taxation : Resolved, That the Committee on Commerce be instructed to report on the expediency of reporting an ordinance to exempt from taxa. tion all capital and property employed in manufacturing within the State of Louisiana for the term of five years. On motion of Mr.'Scmmes, the Convention then went into secret session, and remained in such session until 3 o'clock P. M, After the expiration of the secret session, the doors of the Convention having been open- ed, Mr. Miles, of Orleans, presented two resolu- tions, which were ordered to be printed and made the special order of the day at 12 o'clock M.. on Weduc,=;day next. On motion of Mr, McNeely, the Convention adjourned till 10 o'clock A. M. Monday next. J. T. WHEAT, Sec'y. MoxDAY, Feb. 4, 1861. Tho Convention met pursuant to adjourn- ment ; the Hon. A. Mouton in the chair. After prayer by tho Rev. Mr. Goodrich, the roll was called, and 96 delegates found to be present. The journal of the proceedings OQ the 2d inst. were then read and approved. Mr. Elgee offered the following resolution which was adopted. Resolved, That a committee of three members bo appointed to report to this Convention on the adoption of a flag. The Committee under this resolution is com- posed of Messrs. Elgee, Roman and Briscoe. Mr. Stockcr offered a resolution amendatory of the rules and regulations of tho Convention, which was ordered to lie over under the rules. Mr. Elgee offered a resolution conferring all legislative powers heretofore delegated to our Congressmen of the United States, on the Legis- lature of this State, bo f\ir as it might not con- flict with the Constitution thereof. On motion, said resolution was ordered to be printed and refered to the Committee on Judiciary. Mr. Marks, of Caddo, offered the following resolution, which was lost : Resolved, That tho Secretary be required to have printed in pamphlet form 500 copies of all the ordinances and resolutions adopted by this Convention. Mr. Richardson offered a resolution fixing Saturday nest as the day of adjournment, and 34 JOURNAL OP THE CONVENTION the 4th proximo ae tho day of the re-assera- bling of the Convention — said resolution was ordered to lie over. Mr. Tesada offered a resolution requiring the Committee on State Constitution to inquire into the expediency of appointing a Council to aid the Governor in the performance of his present onerous duties, which resolution was, on motion, referred to said Committee. The reports of Standing Committees being next in order, Mr. Kennedy, as chairman, re- ported in behalf of tho Committee on Citizen- ship, which report was ordered to be printed and made the special order of the day at one o'clock, P. M., Wednesday next. Mr. Taylor, in behalf of the Committee on Militaiy and Naval Affairs, reported unfavora- bly on the resolution of Mr. Davidson of Sa- bine, authorizing the purchase of certain armed vessels now in the port of New Orleans. Mr. Girard offered a report on Patents, which, on motion of Mr. Elam, waa ordered to be printed. The unOnished business being next in order, Mr. Gladden 's amendment to the rules, sub- mitted on Saturday, was taken up and lost. The following resolution was then offered by Mr. Conner, of St. Tammany, whioh was adopted : Renolved, That the rules for the Government of this body be so amended as to require all resolutions or ordinances involving, in any manner, the i'uture policy of Louisiana, to lie over one day, and to be printed before being acted upon by the Convention. On motion of Mr. Rozier, the Convention then adjourned until Tuesday, 12 o'clock, M. J. T. WHEAT, Secretary. Tuesday, February 6, 1861. The Convention met pursuant to adjourn- ment, Hon. A. Mouton in the chair. After prayer by the Rev. Mr. Goodrich, of the Episcopal Church, the roll was called, and one hundred delegates found to be present. The journal of the proceedings had the day before was then read and approved. Mr. Marks, of Caddo, presented a resolution requiring the Secretary to transmit to the Sec- retary of State certified copies of all ordi- nances and resolutions adopted by the Conven- tion, to be filed in his office, which resolution was referred to the Judiciary Committee. The President then read a communication to the Convention from Mr. Wm. 0. Rogers, in- viting the delegates of the Convention to visit the Public Schools of the First District of New Orleans. The invitation extended in said com- munication v/as, on motion of Mr. Rozier, ac- cepted by the Convention. Mr. Texada, in behalf of the Committee on Commerce, then recommended the reference of the following resolution to the Committee on Finance, as the most appropriate committee to consider such matters : Resolved, That the Committee on Commerce be instructed to report on the expediency of reporting an ordinance to exempt from taxation all capital and property employed in manufac- turing within the State of Louisiana for the term of live j^ears. The recommendation was adopted, and the resolution so referred. On motion of Mr. Bonford, of the Judiciary Committee, the ordinance concerning the Cir- cuit and District Courts established in the State of Louisiana by the late Government of the United States was made the order of the day on Thursday, at 12 o'clock, M. Mr. Briscoe, from the Judiciary Committee, reported an ordinance relative to the publica- tion of tho ordinances and journal of the Con- vention, which was ordered to lie over under the rules. Jlr. ^{. 0. H. Norton, from a special committee heretofore appointed, then made the following report, which was adopted : The undersigned committee, appointed by this Convention to take an inventory of public property in the hands of the officers of the late Federal Government, within the parish of Or- leans on the Ist^February, 18{il, beg leave to report that they have examined and counted the Sub-Treasurer's vault at the Mint. The sum of four hundred and eighty-three thousand nine hundred and eighty-three 98-100 dollars in gold and silver coin — now in the custody of A. J. Guirot, an ©fficer of the State of Louis- ana; and they would further report that in the treasury of the Mint they find the sum of one hundred and one thousand seven liuuilred and forty-five 81-100 dollars in gold, silver and copper coins. In possession of Dr. M. F. Bonzano, melter and refiner, the sum of one hundred and forty-threej thousand yix hun- dred and eighty-nine and 85-100 dollars in gold and silver bullion ; and in possession of Dr. B. F. Taylor, coiner, the sum of one hundred and seventy-two thousand eight hundred and seventy-five 86-100 dollars in gold and silver bullion, making an aggregate of four hundred and eighteen thousand three hundred and eleven 62-100 dollars in the Mint proper, in the custody of A. J. Guirot. treasurer. It is proper furl her to state that of the said sum in the Mint, three hundred and eighty-nine thou- sand two hundred and sixty-seven 46-100 dol- lars is regarded as the permanent bullion fund; twenty-four thousand nine hundred and ninety- two 68-100 dollars is reported as due to indivi- dual depositors, and tlie remaining four thou- sand and fifty-one 38-100 dollars is the accumu- lated profit on coinage, the sum of which profit has heretofore been annually withdrawn Irom the Mint proper, and deposited in the vault of the Sub-Treasurer. M. O. H. NORTON. Chairman. J. SOMPAYRAC. FELIX LABATUT. SID. H. GRIFFIN. Mr. Norton, of the same committee, also re- ported the following resolution, which was adopted : Resolved, That a copy of the report of the committee appointed to take an inventory of public property, be certified by the President OP THE STATE OP LOUISIANA. 35 and Secretary and fnrniBhed to A. J. Guirot as a Tonchcr in the adjustment of his accounts with the late Federal Government. And, Mr. Norton also offered the following reeolntion, which was adopted : Resolved, That the Governor of the State be authorized to accept a satisfactory bond for one hundred thousand dollars from A. J. Guirot, for the faithful performance of his offi- cial duties. Mr. Semmcp, from the Committee on Com- merce, presented a report from the Collector, Mr. Hatch, which was ordered to be printed for the use of the Convention. The same memljer made a further report from the same committee, which was ordered to be printed, and made the special order of the day, Friday next, at 12 o'clock M. Mr. Manning, from the Committee on Com- merce, presented an ordinance for the protec- tion of the State from any invasion by sea, and. on his motion, the rules were saspendrd and the same ordered to be printed. Mr. Elgee, from the Committee on Public Lands, presented an ordinance relative to the public domain within this State, which was read and. on motion, by Mr. Ilodp?, was ordered to to be printed and made the special order of the day for 2 o'clock, P. M.. to-morrow. The President then announced the special order of the day, which was an ordinance from the Comniittee on Military and Naval Affiiirs, entitled : " An ordinance for the establibhment of a regular Military force for the State of Louisiaua." On motiofi of Mr. Taylor, the same was taken up section by section, and sections one, two and three were adopted, as follows : AN ORDINANCE for the Rstablishment of a regular Military Force for the State of Lou- isiana. TFe, the people of Louisiana in Convention as- tewhled, do ordain, and it is hereby ordained by au- thority of the same : 1st. That immediately after the passage of this ordinance, there shall be formed a regular military force for the protection of the State, to consist of one regiment of artillery, one regiment of infantry, and such general and staff officers as arc hereinafter provided for. 2d. That the regiment of artillery shall consist of one colonel, who shall be chief of engineers and artillery, one lieutenant-colonel, two majors, one of whom shall be chief of ord- nance, one scrjeant-major, and eight companies; each of which shall consist of one captain, two 1st lieutenants, one 2d lieutenant, four ser- geants, four corporals, four artificers, two musi- cians, and eighty-six privates. The regiment of infantry shall consist of one colonel, one lieutenant-colonel, ,one major, one sergeant- major, and eight companies ; each company shall consist of one captain, one 1st lientenant. two 2d lieutenants, four sergeants, four cor- porals, two musicians, and ninety privates. Each regiment to have one adjutant appointed from the subalterns of the line. 3d. That there shall be one major-general, who shall have rank and command next to the commander-in-chief, with two aids-de-camp with the rank of 1st lieutenant, to be attached as extra subalterns, to the regiment of the line. One adjutant and inspector-genera'i. with the rank of colonel, and one assistant adjutant- general, with the rank of captain. One quar- lennaster-general, with the rank of colonel, and three assistant quartermasters, with the rank of captain. The duties of the subsistence and pay ds^-partments to be performed by the quartermaster's department. One surgeon, with the rank of major, and three assistants, with the rank of 1st lieutenant, and two military store- keepers and twelv*- enlisted men of ordnance. On motion by Mr. Taylor, the 4th section was amended so as to read as follows, and adopted as amended : 4th. That all the commissioned officers pro- vided for in this ordinance shall be appointed by the Governor, by and with the advice and consent of the Senate, and the enlisted men shall engage to serve for three years, unless sooner discharged. Provided, that the Governor or the Legislature shall have power to disband (his force v,h. never the s.alety of the Stat" no longer requires its services, or to transfer it to such confederated government as the State may join. The 5th and 6th sections, which roads as fol- lows, were adopted : 5th. That all officers and loldiers provided for in this ordinance, shall receive the same pay and allowances as are now made to similar grades and corps in the service of the United States, except the Major-Gencral, who shall only receive the pay of Brigadier General, when commanding in that grade. 6th. That the ru'.is and articles of war. ss Ihey exist in the army of the United States, arc hereby adopted, as "far as applicable, as the military code for the government of all land forces which are now or may be in the ser- vice of the State, and that the Executive be authorized to prepare and publish such regula- tions as may be neces-^ary for the service. The 7th section was taken up. and being amended by Mr. Hodge so as to read as follows, was adopted : 7th. That all expenses incurred in carrying this ordinance into effect, shall be defrayed out of such appropriations as have been or may be made by the Convention or the Legislature for military purpoi>es. the money to be drawn from the Treasury on warrants of the chief of the disbursing department, approved by the Audi- tor of Public Accounts, who shall keep cor- rect accounts of all such disbursements, and shall report the same to the General Assembly at each session thereof. Mr. Thomasson offered the following as an additional section to the ordinance, which was adopted : 8th. That the Legislature of this State may at any time alter, amend or abolish any of the provisions of this ordinance. 86 JOURNAL OF THE CONVENTION On motion of Mr. Taylor, tbo ordinance was then adopted as a whole. Mr. Davidson, of Livingston, offered a reso- lution relative to the compensation of certain oflScers of the Convention previous to its or- ganization, which was ordered to lie over under the rules. Mr. Richardson called up from the unfinished business his resolution ; fixing Saturday next as a day for the adjournment of the Conveij- tion, which was laid on the table subject to call. Mr. Wilkinson then offered a resolution rela- tive to the admission into the Southern Confed- eracy of all those States (the New England States excepted) which might adopt the Consti- tution of the said Confederacy; which resolu- tion was laid over under the rules. Mr. Stocker then called from the unfinished business a resolution that in the opinion of this Convention there is no necessity for this body to sit hereafter in secret session, and that in case a motion being offered to go into secret session, the same shall not be adopted unless two-thirds of the members vote for the same. Mr. Martin moved to lay the said resolution on the table, when Mr. Stocker demanded the yeas and nays, and the result was as follows : Yeas : Messrs. Adams, Anderson, Barrow, Bermudez, Bonford, Bonner, Briscoe, Burton, Butler, Caldwell, Carr, Cook, Connelly, Cott- man, Davidson, of Sabine, DcBlanc, Dorsey, Dupre, Elam, Elgee, Fuselier, Gardere, Gaudet, Gladden, Girard, Graves, Gray, GriflQn.Herron, Hough, Hodge, Hodges, Hollingsworth, John- ston, Kennedy, Kidd, Labatut, Lagroue, Le- Bourgeois, Lewis, of Claiborne, Manning, Marks of Caddo, Marks, of Orleans, Martin of As- sumption, Martin, of Carroll, McCollom, Mc- Farland, McNeely, Miles, Michel, Miller, Moore, Norton, O'Bryan, Olivier, Perkins of Orleans, Peck, Pemberton, Pierson of Natchitoches, Pike, Polk, Pope, Provosty, Pugh, Richardson, Scott of Claiborne, Scott of East Feliciana, Semmes, Smith, Smart, Sompayrac, Stewart, Swayze, Tappan, Talbot, Taliaferro, Taylor, of St. Charles, Taylor of St. Landry, Texada, Thomasson, Todd, Towles, Valentine, Verret, Warren, Walker, Williamson — 87. Nays : Messrs. Avegno, Bienvcnu,'Bush, Dor- sey, Hernandez, LeBlanc, Lewis of Orleans, Pattei'son, Pierson of AViun, Rozier, Stocker, Tucker and Wiltz — 13. Yeas. 87; nays, 13. Mr. Manning then presented a resolution, which was read, and referred to the Committee on Po>tal Atl'aiis. Mr. Butler preseutied a resolution relative to the admission, free of duty, of all arms and muuitiom of war, which was referred to the Committee on Commerce, etc. Mr. Perkins, of Orleans, presented the fol" lowing resolution, which was adopted : Resolved, That the Committee on Commerce, Revenue and Navigation, be instructed to in- quire into and report upon the propriety of granting State aid for the purpose of securing direct communication by steam between New Orleans and ports in Europe. Mr. DeBlanc moved to refer a series of resd- lutions, heretofore presented by him, " expres- sing the causes for and necessity of secession " to the Committee on the judiciary, which was carried. On motion of Mr. Connelly, the Convention adjourned. J. T. WHEAT, Secretary. WEDNK.SDAT, Feb. 6, 1861. The Convention met pursuant to adjourn- ment. jHon. A. Mouton, presiding. After prayer by the Rev. Mr. Walker, the roll was called and ninety-sis delegates found present. The minutes of yesterday were read and adopted, after the following resolution was, on motion of Mr. Manning, ordered to be spread upon them : Resolved, That the Postmaster at Alexandria, in the parish of Rapides, be authorized to con- tract temporarily for carrying the mails from that town to Burr's Ferry, on the Sabine river, by way of Hineston, Walnut Hill and Huddles- ton. Mr. Moore offered a resolution prescribing a form for all ordinances passed by the Conven- tion, which resolution was referred to the Judi- ciary Committee. Mr. Dorsey presented a resolution to amend the 123d article of the Constitution, which was referred to the Committee on State Constitu- tion. JMr. Rozier presented an ordinance relative to the approbation of certain sums by the State for the promotion of educational and literary purposes, which, on motion of Mr. Bonner, was laid on the table. Mr. Dorsey offered a resolution with regard to the increased mileage of delegates from Baton Rouge to New Oi-leans, which was or- dered to lie over under the rules.- Mr. Bush presented an ordinance " defining the power of the Legislative Department over the ordinances of this Convention," which was referred to the Committee on Judiciary. Mr. Herron offered a resolution empowering the President to appoint Commissioners to the States of North Carolina, Virginia, Maryland, Kentucky, Tennessee, Delaware, Arkansas and Missouri, for the purpose of urging them to co-operate with the seceding States, which reso- lution, on motion of Lewis, of Claiborne, was laid on the table. The result of the call, made l>y Mr. Herron, for the yeas and nays, being as follows : Yeas : Messrs. Anderson, Barrow, Bermudez, Bicnvenu. Bouner, Butler, Caldwell, Cannon, Carr, Cottman, DeBlanc, Dutlel, Dupre, Elgee, Estlin, Fuselier, Gardere, Gaudet, Gray, Griffin, Hernandez, Hough, Hodges, Hollingsworth, Kennedy, Kidd, Labatut, Lagroue, LeBourgeois, Lewis of Bienville, Lewis of Claiborne, Lewis of Orleans, Marks of Orleans, Martin of As- sumption, Magee, McCollom, McNeely, Moore, O'Bryan, Olivier, Peck, Pemberton, Richardson, OF THE STATE OF LOUISIANA. 37 Roman, Smith, Sompayrac, Stewart, Stocker, Talbot, Taliaferro, Thomasson, Towles, Verret, Warren, Walker. Wilkinson, Wiltz and York— 58. Nays : Messrs. Briscoe, Burton, Bush, Cook, I ConnoUey, Connor of Concordia, Connor of St. ' Tammany, Davidson of Livingston, Davidson, ' of Sabine, Dorsey, Elam, Fuqua, Garret. Glad- I den, Gill, Girard, Graves, Herron, Hodge, Le- I Blanc, Manning. Marrero, Marks, of Caddo, Martin, of Carroll, McClosky, Meredith, Miles, [ Miller, Norton, Patterson, Pierson of Natchi- toches, Pierson of Winn, Pike, Polk, Pope, Ro- ! zier, Scott of East Feliciana, Slawson, Smart, Swayze, Taylor, of St. Charles, Taylor, of St. Landry, Texada, Todd, Tucker, Williams, of East Baton Rouge, and Williams of St. Hel- ena — 47. BECAPrrTLATIOX. Yeas 58 Nays 47 Entire vote 105 Mr. Lewis, of Claiborne, presented an ordin- ance to authorize and protect the citizens of Louisiana in the right to sell by themselves or agents, their cotton, sugar and other ageicultu- ral products in any city or market in said State. which Mas read and referred t j the Committee on Commerce. Mr. Stewart offered a resolution giving to Mr. Edwin L. Jewell the exclusive privilege of lith- ographing or engraving the Ordinance of Se- cession passed by the Convention. Mr. Stewart moved a suspension of the rules and the adop- tion of the resolution, which motion was lost, and the resolution ordered to lie over under the rules. The resolution of Mr. Davidson, of Livings- ton, offered the day before, relative to the com- pensation of certain officers of the Convention, was taken up and referred to the Committee on Contingent Expenses. Mr. Polk presented an ordinance in opposi- tion to any further change of the Constitution, which was ordered to lie over under the rules. The special order of the day was then taken up, and Mr. Miles reported the following resolu- tions : Resolved, That in electing Jno. Perkins, Al- exander Declouet, Chas. M. Conrad, Duncan F. Kenner, E. Sparrow and Henry Marshall, dele- gates to the Moutgomcry Convention, it was the object and purpose of this Convention to invest said delegates with authority " to aid in the formation of a Provisional Government on the basis of the Constitution of the United States, and then proceed forthwith to consider and propose a Constitution and place foi* a Per- manent Government." Resolved, That t-aid delegates are not author- ized to act as Senators or members of Congress under the Provisional Government created by them, or to constitute themselves in any man- ner a portion of the legislative authority under said Provisional Government. For the above resolution Mr. Manning intro- duced a substitute, which he withdrew. Mr. Marks, of Caddo, also introduced a eub- stitute, which was withdrawn, and Mr. Hodge introduced the following resolution as a substi- tute for the original resolutions, which, on mo- tion of Mr. Provosty, was laid on the table : Resolved. That our Senatorial delegates to the Convention at Montgomery, Alabama, be em- powered to act as Senators in any Congress which may assemble under any Provisional Government that may be established by said Convention ; and that our Representative dele- gates to said Convention be and they are hereby empowered to act as Representatives in said Convention. Mr. Cottman also offered a substitute, which was ruled out of order as presenting subject matter acted on before. On motion of Mr. Connor, the resolutions and substitutes were then laid on the table, the re- sult of a call for the yeas and nays made by him being as follows : Yeas: Messrs. Anderson. Bermudez. Bienvenu, Bonford. Bonner, Briscoe, Burton. Bush, Butler, Caldwell, Cannon, Carr, Cook, Connelly, Con- nor of Concordia, Connor of St. Tammany. Cottman, Davidson, of Livingston, DeBlanc, Dorsey, Duffel, Dupre, Elam. EstHn. Fuselier, Fuqua, Gardere, Gaudet, Gladden, Gill. Girard, Gray. Griffin, Hernandez, Hough, Hollingsworth Labatut, Lagroue, LeBlanc. LeBourgeois Lewis of Orleans, Manning, Marrero, Marks of Or- leans, Martin, of Assumption. Martin of Carrol, Magee, McCollom. Meredith. Miller, Moore, Nor- ton, O'Bryan, Olivier. Patterson, Perkins, of Orleans, Pemberton, Peck, Pierson of Natchi- toches. Pierson. of Winn. Provosty, Richardson, Roman, Rozicr, Scott of East Feliciana. Semmes, Slawson, Smith, Smart, Sompayrac, Stocker, Swayze, Tappan, Taliaferro, Taylor of St. Charles, Taylor, of St. Landry, Thomasson, Todd. Tucker, Verret, Warren, Walker. Wilkin- son Wiltz and York — 85. Nays : Messrs. Adams, Barrow, Davidson of Sabine, Elgee. Graves, Herron, Hodge, Hodges, Kennedy, Kidd, Lewis, of Bienville, Lewis, of Claiborne, Marks, of Caddo, McFarland, Mc- Neely, Miles, Michel, Pike, Polk, Pope, Scott of Claiborne. Stewart, Texada, Towles, Williams of East Baton Rouge, and Williams, of St. Helena— 26. Mr. Manning offered the following resolution, which was ruled out of order, as presenting similar subject matter to what had been pre- viously acted upon : Resolved, That the powers conferred upon the delegates elected by this body to the Montgom- ery Convention are defined in the ordinance providing for their election, and that they are restricted to the exercise of said power, and are not authorized to constitute themselves a por- tion of a congress under the permanent govern- ment to be established by said Convention. The report from the Committee on Citizen- ship, heretofore introduced by Mr. Kennedy, chairman, and made the special order for to-day at 10 o'clock, was then taken up section by section. Section 1st being read, Mr. Rozicr proposed to amend said eectioQ by adding instead of " or 38 JOURNAL OP THE CONVENTION otherwise," the words '•' under any of the laws of the late Gorernment of the United States ;'' which amendment v/as lost. On motion of Mr. Elam, the vote on Mr. Ro- zier's amendment was reconsidered, when Mr. Elgee moved to amend Mr. Rozier's amendment by inserting the words " by the laws of the late United States," and the voto being taken on Mr. Rozier amendment, it was lost. Mr. Bienvenu moved to amend Section 1st by striking out in the fourth line the word " resi- dence," and in the fifth line the words " or otherwise," and adding in lieu thereof "or any of the laws of the United States ; and all white males of the age of 21 years and over, then resident and being within the limits of the State, and who are v/illing now to take the oath of allegiance." ' Mr. Connelly moved to lay said amendment on the table, and Mr. Bienvenu called for the yeas and nays, and the result was as follows : Yeas : Messrs. Anderson. Barrow, Bermudcz, Bonford, Bonner, Briscoe, l^urtoo. Bush, Butler, Caldwell, Carr, Cook, Connelly, Connor of Con- cordia, Davidson, of Livingston, DeBlanc, Dor- sey. Duffel, Dupre, Elam, Elgee, Estlin, Fuselier, Fuqua, Gardere, Garrett, Gaudet, Gladden, Girard, Graves, Gray, Griffin, Hodges, HoUins- worth, Johnston, Kennedy, Kidd, Lagroue, Le- Bourgeois, Lewis, of Bienville, Lewis, of Clai- borne, Lewis of Orleans, Manning. Marrero, Marks, of Caddo, Marks, of Orleans, Mar- tin, of Assumption, Martin, of Carroll, Ma- gee, McCoUum, McFarland, McNeely, Miles, Michel, Miller. Moore, Norton, Olivier, Perkins, of Orleans, Peck, Pierson, of Natchitoches, Pike, Polk, Pope, Provosty, Richardson, Roman, Rozier, Scott, of Claiborne, Scott, of East Feli- ciana, Semmes, Slawson, Smith, Smart, Sompay-, rac, Stewart, Swayze, Tappan, Taliaferro, Tay- lor of St. Landry, Texada, Thomasson, Todd, Towles, Tucker, Valentine, Verret, Walker, Williams, of East Baton Rouge, V^'illiams, of St. Helena, Wilkinson, Wiltz and York — 9.3. Nays : Messrs. Bienvenu, Davidson, of Sabine, Herron, O'Bryan, Patterson and Pierson. of Winn — 6. Consequently, Mr. Bienvenu"s amendment was laid on the table. Mr. McCoUom moved to amend th ; first sec- tion by striking out in the fourth ai.d fifth lines the words " by birth, residence, uatui.ilization or otherwise," which amendment was accepted by the chairman of the committee, and became part of the original. Mr. Elam moved to reconsider the vote by which Mr. Bienvenu 's amendment had been laid on the table, which motion was lost. On motion of Mr. Kennedy, Section 1, which reads as follows, was adopted as amended : AN ORDINANCE Concerning Citizenship. We, the people of Louisiana, zw Convention assem- bled, do declare and ordain, That all free M'hite ])ersons embraced in the following classifica- lion shall be deemed and considered, and are hereby declared to be citizens of Louisiana, viz : 1. All persons who, at the date of the adop* tion of the Ordinance of Secession, viz : the twenty-sixth day of January, eighteen hundred and sixty-one were citizens of this State. Section 2nd being taken up, it was adopted Vifithout ol j'jction, and reads as follows, viz : 2. Women of foreign birth, now married, or who may hereafter be married to citizens of this State, and who haye acquired or shall ac- quire a domicile therein. The 3d Section being read, Mr. Thomasson moved to amend it by striking out the provi- sions in said section. Which motion was lost. On motion of Mr. Bonner, the 3d section was amended by inserting the word " so " in the fifth line, between the words " not " and " de- scend." Mr. Tappan moved to re-commit the ordin- ance for further report. Which was lost. Mr. Garrett moved to amend the said section by striking out in the fourth line, the words, " or conception." Which was carried. And the said section, as amended, was then ado^jted, and reads as follows : 3. All persons now born or who may here- after be born out of the limits and jurisdiction of this State, whose fathers were, or shall be, at the time of their birth, citizens of this State : Provided, however, that the rights of citizenship shall not so descend to persons whose fathers never resided in this State. Section 4th being taken up, Mr. Herron moved to amend by inserting in the fourth line, after the word " thereof," the following words : " or who had arrived in the United States uuder the age of 18 years, ard had continued their resi- dence therein for five years before the date of the Ordinance of Secession," which amendment v>'as accepted by the chairman as a part of the section. Mr. Valentine moved to insert " 21 years " instead of 18, which was lost, and the section as amended was adopted, and reads as follows : 'L Persons of foreign birth who had, at the date of secession aforesaid, declared their in- tention to become citizens of the United States, uuder the naturalization laws thereof, or who had arrived in the United States under the age of eighteen years, and had continued their resi- dence therein for five years before the date of the Ordinance of Secession, and who shall comply with the further requirements of said laws, which for that purpose and to tliat extent are hereby adopted as laws of Louisiana, with the exception, however that the oath to be taken by the applicant shall be of allegiance to the Stattj of Louisiana. Section 5th being taken up, Mr. Todd moved to amend by striking out of the 5th line the words " sixty days," which motion prevailed, and the section, as amended, was adopted and read as follows : 5. Children of persons specified in the prece- ding paragraph, v/ho shall be dwelling in this State, and he under the age of twenty-one years when their fathers shall be naturalized as pro- vided in said paragraph, and shall, after att«iq- OP THE STATE OF LOUISIANA. 39 ing the ago of majority, take the oath of alle- giance to the State. Section 6th being taken up, Mr. Todd moved to amend by striking out f 11 after the word aforesaid, in the 5th line, and insert in lieu thereof the following: "and also those who frd line, and inserting the word " or " between the words '• may" and '' have,"' and by striking out in the 4(h and 5th lines, the words " at anytime within twelve months prior to the date of se- cession aforesaid ;"" and by striking out of the (Uh and 7ih lines, the words " within si.xty days after a residence of twelve months therein,'' which aniimdment was lost. On motion of Mr. Texada, the Convention then adjourned. J. T. WHEAT, Secretary. THiR.SD.iT, February 7, 1861. The Convention met pursuant to adjourn- ment, Hon. A Mouton presiding. After prayer by the Rev. Jlr. Howard, the roll was called and eighty-six! members an- swered to their names. During roll-call Mr. Martin of Lafourche, explained as the reason of the detention from the Convention of .Mr. McCollom, that his brother was then scverclly ill in the city. The journal of the proceedings was then read and approved. The President having ruled that the order of the day was an ordinance, heretofore reported by Mr. Briscoe, on behalf of the Committee on Judiciary, for the promulgation of all ordi- nances and resolutions adopted l>y the Conven- tion, on motion of Mr,SBi-iscoe, said ordinance was then taken up. Mr. Briscoe moved to amend the 3rd section by filling the blank therein by inserting the words " one thousand,"' and the 4th section by inserting the words " one copy to each of the Recosders of Parishes,"" and substituting the word " four " for the word " one "" as applied to each of the Delegates of the Convention. and in tlie 5th section by filling the blank therein with the words " thirty days," which amendments being agreed to. and the question occuring on the ordinance as amended, it was adopted, and reads as follows : AN ORDINANCE relative to the publication of tlie Ordinances and Journal of thcj Con- vention. The people of the State of Louisiana do ordain : Section 1. All ordinances are to have full effect from their adoption, except when other- wise ordt-red ; but, in order that due publicity be thereto given, the ordinances shall be pub- lished as hereinafter directed, unless otherwise ordered by tlie Convention. ^^^ Sec. 2. The Secretary shall deliver to [the Printer of the Convention, within three days after adoption, duly certified copies of all or- dinances enacted, and the Printer shall, within two days thereafter, publish the same in the oflBcial paper separate from the journal, during ten days, in the same manner as the acts of the General Assembly are published. Sec. 3. "Within thirty days after the final ad- journment of the Convention, the Printer, shall finish and deliver to the Secretary of State 1000 copies of the Ordinances and Journal of the Conventio"', printed in book form, on good strong book printing paper : the ordinances in long primer type, solid, each page fifty-seven lines long, including running title, white line under it, and foot line, and thirty ems in width, and the journal, made up ♦'rom the journal as published in the newspaper in minion type, solid, the pages to be eighty-one lines in length including running title, white line under it, and foot line, the book to be covered and stitched, in the same manner as the statutes of the State. Ssa 4. Immediately after receiving such books the Secretary of State shall forward one copy to each of the clerks of the District Courts in the State, to be preserved in their offices for the use of the Courts ; one copy to each of the Recorders of Parishes, one copy to each of the Police Juries of the State, four copies to each of the members of the Conven- tion, and the remainder, if any, he shall deposit in the office of the State Librarian. Sec. 5. Within thirty days after the adjourn- ment of the Convention, sine die. the Secretary shall deliver to the Secretary of State, all the enrolled ordinances of the Convention, as well as the manuscript journal, and all the papers and documents in his possession, which the lat- ter ofllcer shall carefully keep and preserve, and upon which ho shall endorse the day, month and year of tiling in his oflace. There- after the Secretary of State shall grant cer- tified copies, in the same manner he is now au- thorized to do relative to the State Statutes and othf'r official papers in his ofBce. yiv. Wilkinson called up a resolution offered by him on a previous day, relative to the ad- mission of States into the Confederacy to be formed of the seceding States, which resolution was made the epecial order of the day for Sat- urday next. Mr. Dorsey then called up a resolution pre- viously offered by him, relative to mileage of the delegates from Baton Rouge to New Or- leans, v.hich reads as follows : Resolved, That no additional mileage be al- lowed to members of this Convention in coming from Baton Rouge to the city of New Orleans. Mr. Davidson of Sabine, moved to amend the above resolution by striking out the word " no," and the result of a call for the yeas and nays by Mr. Dorsey, on this motion, was as follows : The yeas were Messrs. Bonner, Briscoe, Cald- well. C'aunon, Carr, Cook, Connelly. Conner of St. Tammany, Davidson of Livingston, David- son of Sabine, Elam, Fuqua, Gladden, Gill, Graves, Griffin, Herron, Hough, HoUingsworth, 40 JOURNAL OP THE CONVENTION Kennedy, Kidd, Lagroue. LeBourgeois, Lewis of Claiborne. Marks of Caddo, McCuUom, Mc- Neely, Meredith, Patterson, Perkins of La- fourche, Pierson of Winn, Pope, Scott of Clai- borne, Scott of East Feliciana, Semmcs, Slaw- son, Smart, Stocker, Swayze, Tappan, Talbot, Taliaferro, Thomasson, Todd, Towles, Valen- tine, AVarren. Williams of East Baton Rouge, Wilkinson and Wiltz— 50. The nays were Messr.'. Anderson, Barrow, Bermudez, Bouford, Butler, Conner of Concor- dia, DeBlanc, Dorsey, Duffel, Dupre, Elgee, Estlin, Fuselier, Gardere, Girard, Gray, Her- nandez, Hodges, Labatut, Manning, Marks of Orleans, Martin of Assumption, Martin of Car- roll, Magee, McCloskey, Miller, Moore, O'Bryan, Olivier, Pemberton, Pike, Richard- eon, Roman, Roselius, Rozier, Smith, Som- payrac, Stewart, Taylor of St. Charles, Taylor of St. Landry, Texada, Tucker, Ver- ret, Walker and Williams of St. Helena — 46. KECAPIXULATIOX. Yeas 50 Nays 46 The amendment was consequently adopted. Mr. DeBlanc offered the lollowing as an amendment to Mr. Dorsey's resolution : Unless by that adjournment the members claiming additional mileage had to travel a greater distance than they would have had to do had the session of the Convention been held at Baton Rouge. Mr. Herron oflFered the following, as a sub- etitute for the original resolution and the amendment, which was adopted : Resolved, That mileage be allowed and paid to members of this Convention for the addi- tional miles they have to travel in consequence of the adjournment from Baton Rouge to New Orleans. Mr. Polk then called up the following ordi- nance, previously offered by him : Be it ordained, That this Convention is unal- terably opposed to any further amendments of the Constitution of the State of Louisiana by this Convention, other thali those already re- ported by the Committee on Constitution. Mr. Olivier moved to lay the ordinance on the table, which was carried, the result of a call by Mr. Polk for the yeas and nays being as follows : Yeas : Messrs. Anderson, Barrow, Bermudez, Bonford, Briscoe, Butler, Caldwell, Cannon, Carr, Cook, Connelly, Conner of Concordia, Conner of St. Tammany, Cottman, Davidson of Livingston, Davidson of Sabine, DeBlanc, Dor- sey, Dufl'el, Dupre, Elam, Elgee, Estlin, Fuse- lier, Fuqua, Gardere, Gladden, Girard, Graves, Gray, Griffi;i, Herron, Hough, Hodge, Hodges, Hollingsworth, Johnston, Kennedy, Labatut, Lagroue, LeBourgeois, Lewis ot Claiborne, Marks of Caddo, Marks of Orleans, Martin of Assumption, Martin of Carroll, Magee, Mc- Closkey, McCoUom, McNeely, Meredith, Miles, Michel, Moore, O'Bryan, Olivier, Patterson, Perkins of Lafourche, Perkins of Orleans, Peck, Pemberton, Pierson of Winn, Pike, Polk, Pro- vosty, Richardson, Roman, Roselius, Rozier, Scott of East Feliciana, Slawson, Smith, Smart, Sompayi-ac, Stewart, Swayze, Tappan, Talia- ferro, Taylor of 6t. Charles, Taylor of St. Lan- dry, Thomassor.. Towles, Tucker, Verret, Walker, Williams of East Batou Rouge, Wil- liams of St. Hel'na — 87. The nays were Messrs. Adams, Bonner, Kidd, Polk, Scott of Claiborne, Semme3,^Todd, War- ren, Wilkinson and Wiltz— 10. r.fiCAmULATION. Yeas 87 Naya IQ The ordinance was consequently laid on the table. The next business before the convention being the undisjiosed of articles in Mr. Ken- nedy's ordinance on citizenship, Mr. Todd withdrew his amendment to the Cth section, proposed yesteriJay, and ofiered the following, which was acci pted by the chairman and adopted : " Presided that the oath of alle- giance shall not bo required, after the form;i,- tion of a Southern Confederacy, of persons coming into thi.-s State, and being citizens of said Confederacy, and of any one of the States composing the t;ime." Mr. Elam movi3d further to amend by strikin;.; out of the sixth line of said section the word.'), " within sixty d^ys." V/hich was adopted. The question recurring on the section thus amended, it was adopted, and reads as follows : 0. All persons being citizens of the United States aforesaid , or citizens of any one of tho States that have seceded therefrom, who may have come into this State to reside at any time within twelve months prior to the date of se- cession aforesaid, and who shall, after a resi- dence of twelve months therein, take the oath of allegiance to this State ; Provided, that the oath of allegiance shall not be required, after the formation of a Southern Confederacy, of persons coming into this State and being citi- zens of said Confederacy, and of any one of the States composing the same. Mr. Rozier moved to recommit the entire or- dinance for I'urther report. Which was lost. Mr. Fuqua moved to insert the word "8|iall" instead of "may,'' in the 7th section, second line, which motion was carried, and the sec- tion, as amended, roads as follows : Be it further ordmned. That the oath of alle- giance shall b(! administered in open court by the Judge of acy one of the District Courts of this State, and sluiU remain of record in a book to be kept for that purpose by the clerk of tho court. Mr. Bermudez moved to reconsider the lid section, which motion prevailed, and the same member moved to amend the said section by inserting the Avords "or conception" in tho fourth line and ly striking out the word " so," which was carr it d, and the section, as amended, was adopted. Mr. Herron moved to amend the ordinance by adding the following section : ** The Legislature of this State shall havo OP THE STATE OP LOUISIANA. 41 power to pass laws providing for tlie naturali zation of foreigners.'' Mr. York moved to lay the amondment on the table, when Mr. Herron demanded the yeas and nays, and the result was as follows : Yeas : Messrs. Anderson, Barrow, Bermudez, Bonner, Briscoe, Butler, Cannon, Carr, Cook, Conner of Concordia, Davidson of Livingston. DeBlanc, Dorsey, Duffel, Dupre, Elgce, Estlin, Fuselier, Fuqua, Gardere, Gladden, Girard, Gray, GrifRn, Hodges, IloUingsworlh, Johnston, Labatut, Lagroue, Lewis of Claiborne, Manning, Marks of Caddo, Martin of Assumption, Martin of Carroll, McCloskey, McCoUom, McFarlaud, McNeely, Miller, Moore. Norton, Olivier, Per- kins of Lafourche, Perkins of Orleans, Peck. Pembertqu, Pike, Provosty, Kozier, Scott of Claiborne, Scott of East Feliciaua, Smith, Smart, Sompayrac, Swayze. Taliaferro. Taylor of St. Charles, Taylor of St. Landry, Texada, Thomasaon, Tucker, Verrct, Walker. Williams of East Baton Kouge, Wilkinson, Wiltz and York— 68. The nays were Messrs. Bonford, Bush, Con- ner of St. Tammany, Davidson of Sabine, Elam, Garrett, Hernandez, Herron, Kidd, Lewis of Orleans. Marks of Orleans, Magec, Miles, Michel, O'Bryan, Patterson, Picrson of Winn, Polk, Pope, lliciiardson, Roman, Iloselius, Semnics, Stocker, Tappau. Todd, Valentine and Warren — 28. RECA.PITUL.VTIOX. Yeas G8 Nays 28 The section was consequently laid on the table. Mr. Tappan offered the following as an ad- ditional section to the ordinance : That all citizens of the slave-holding States may become citizens of this State after acquir- ing the residence required by existing laws and upon taking the oath of allegiance to the State. Mr. York proposed the foil swing aa an amendment to Mr. Tappan's section : " Pro- vided such States join the Southern Confede- racy," which was riyected. Mr. Lewis of Claiborne, moved to lay the proposed section on the table, which was carried. -Vlr. Kennedy then moved to adopt the entire ordinance, as amended, which was carried, and the ordinance, as amended, reads as follows : AN ORDINANCE Concerning Citizenship. We, the people of Louisiana, in Convention as- sembled, do declare and ordain : That all free white persons embraced in the following classi- fication shall be deemed and considered, and are hereby declared to be citizens of Louisiana, viz: 1. All persons who, at the date of the adop- tion of the Ordinance of Secession, viz : the twenty-sixth d;\y of January, eighteen hundred and sixty-one, were citizens of this State. 2. Women of foreign birth, now married, or who may hereafter be married, to citizens of F this State, and who have acquired or shall ac- quire a domicil therein. 3. All persons now born or who may here- after be born out of the limits and jurisdiction of this State, whose fathers were, or shall be, at the time of their birth or conception, citizens of this State : Provided, however, that the rights of citizenship shall not descend to per- sons whose fathers never resided in this State. 4. Persons of foreign birth who had. at the date of secession aforesaid, declared their in- tention to become citizens of the United States under the naturalization laws thereof, or who had arrived in the United States under the age of eighteen years, and had continued their resi- dence therein for five years before the date of the Ordinance of Secession, and who shall com- ply with the further requinments of said laws, which for that purpose and to that extent are hereby adopted as laws of Louisiana, with the exception, however, that the oath to be taken by the applicant shall be of allegiance to the State of Louisiana. 5. Children of persons specified in the pre- ceeding paragraph, who shall be dwelling in this State, and be under the age of twenty-one years when their fathers shall be naturalized as provided in said paragraph, and shall, after at- taining the age of majority, take the oath of allegiance to the State. C. All persons being citizens of the United States aforesaid, or citizens of any one of the States that have seeeeded therefrom, who may have come into this State to reside at any time within twelve months prior to the date of se- cession aforesaid, and who shall, after a resi- dence of twelve months theroin, take the oath of allegiance to this State ; Provided, that the oath of allegiance shall not be required after the formatiou ot a Southern Confedi racy, of persons coming into this State, and being citi- zens of said Confederacy, and of any one of the States composing the same. Be it further ordained. That the oath of alle- giance shall be administered in open court by the Judge of any one of the District Courts of this State, and shall remain of record in a book to be kept for that purpose by the clerk of the court. Air. Davidson of Livingston, moved to re- consider the vote on the ordinance jus^t adopted whith was refused. Mr. Lewis of Claiborne, called up the resolu- tion heretofore pret^ented by Mr. Richardson, relative to the adjournment of the Convention on Saturday next ; when Mr. Texada offered the following resolution : Eesolved, That all ordintinces originating with the standing committees of this Convention ^ shall have prec.denee over all other business. Mr. Serames offered the following as a sub- stitute for Mr. Richardson's resolution, which was accepted by him : Eesolved. That thi.- Convention on Tuesday next, the I'Zth inst., at 2 o'clock, P. M., shall be adjourned by the President, to reassemble at New Orleans on the 16th of March next, or 42 JOTTRNAL OP THE CONVENTION sooner, on the call of the President, or a com^ mittee of three, to be by him appointed. Mr. nerron moved to amend by striking out " Tuesday " and inserting " Saturday,' Arhich was lost. Mr. McNeely moved to lay the whole subject on the table, which motion was lost. Mr. Martin of Assumption moved to amend by striking out " Tuesday " and inserting " Saturday week, " which motion was lost. The same member then moved to insert •' Wed- nesday week " instead of " Tuesday next," which was also lost Mr. Swayze moved to insert the 4th of March, instead of the 15th, in Mr. Semmes' resolution, which motion was carried. Mr. Herron moved to strike out " New Or- leans " and insert "Baton Rouge," which was lost. Mr. Elam offered the following as an amend- ment : " That the Convention re-asscmble when the President shall, in his judgment, think proper ; " which amendment was rejected, and the resolution of Mr. Semmes adopted as amended ; the result of a call for the yeas and nays by Mr. Martin of Assumption, being as follows : The yeas were Messrs. Anderson, Barrow, Bonner, Butler, Caldwell, Canuen, Carr, Cook, Connelly, Conner of St. Tammany, Cottman, Davidson, of Sabine, DeBlanc, Dorsey, Duflel, Fuselier, Fuqua, Gardere, Graves, Griffin, Her- ron, Hough, Hodges, HoUinsworth, Johnston, Kidd, LeBlanc, LeBourgeois, Lewis, of Clai- borne, Lewis of Orleans, Magee, McCoUom, McFarland, Meredith, Miles, Slichel, Miller, O 'Bryan, Patterson, Perkins of Lafourche, Peck, Pierson, of Natchitoches, Pierson of Winn, Pike, Polk, Richardson, Roman, Scott, of Clai- borne, Scott of East Feliciana, Semmes, Smith, Sompayrac, Taliaferro, Taylor of St. Landry, Texada, Thomasson, Todd, Tucker, "Valentine, Verret, Warren, Williams of East Baton Rouge, Williams of St. Helena, Wilkinson, Wiltz and York— 6G. The nays were Messrs. Bermudez, Bonford, Briscoe, Bush, Conner of Concordia, Dupre, Elam, Elgee, Estlin, Gladden, Gill, Girard, Kennedy, Labatut, Lagroue, Manning, Marks of Caddo, Marks of Orleans, Martin of Assump- tion, Martin of Carroll, McClosky, McNeely, Moore, Norton, Olivier, Perkins of Orleans, Pemberton, Provosty, Roselius, Rozier, Smart, Stocker, Swayze. Tappan, Talbot, Taylor of St. Charles and V/alker— 39. Yeas, 6() ; nays, 31) Mr. Tt'xada then called up the resolution previously offered by him, and having obtained leave, the rules were suspended, and he moved to amend the same by striking out the words " commencing with the ordinances reported by the Judiciary Committee," which was carried, and the resolution, as amended, was adopted, and reads as follows : ' Resolved, That all ordinances originating with the standing committees of this Convention shall have precedence over all other business. The special order of the day was then called up, it being an ordinance concerning the Cir- cuit and District Courts established in the State of Louisiana by the late Government of the United States. Mr. Bonford moved to take up said ordidance section by section. Pending this motion, Mr. Thomasson moved to postpone the consideration of the ordinance until the 4th of March next, Mr. Taylor of St. Landry, moved to lay the motion to postpone on the table, which prevailed. The first section, which reads as follows, was then adopted : AN ORDINANCE concerning the Circuit and District Courts established in the State of Louisiana by the late Government of the United States. The people of the State of Louisiana, in Conven- tion assembled, do ordain, and it is Iiereby ordained, as follows. • Section 1. All acts and parts of acts of the Congress of the late United States of America, relating to the organization and jurisdiction of the Circuit and District Courts established by said Congress within the territorial limits of the State of Louisiana, and relating to the ad- ministration of justice in said Courts, which were in force in this State at the time of the separation of this State from the said Confede- racy, are hereby re-enacted and declared to be in full force and effect as laws of the State of Louisiana, so far as the same are not inconsis- tent with any of the ordinances of this Con- vention, or incompatible with the Sovereignty of the State of Louisiana ; and all writs and process from said Courts shall be issued in the name and by the authority of the State of Louisiana. And on motion of Mr. Kidd, the Convention then adjourned. J. T. WHEAT, Secretary. Friday, February, 8, 1861. The Convention met pursuant to adjourn- ment. Hon. A. Mouton presiding. After prayer by the Rev. J. Moynihan, the roll was called and 86 delegates answered to their names. Pending the reading of the journal, Mr. Polk moved to dispense with the further reading of the same, which motion was lost, and the read- ing was finished, and the journal approved. The President then presented a communica- tion of the Customhouse Collector, Mr. Hatch, relative to the light-houses within this State, which communication was referred to the Com- mittee on Commerce and Navigation. Mr. Marks, of Orleans, introduced a resolu- tioii inscrijcting the Committee on Postal Af- fairs to inquire into the management of the Post-office at New Orleans, and report thereon to the Convention, whicli resolution was, on motion of the same delegate, referred to the Committee on Postal Affairs. Mr. Lawrence •ffered the following resolu- tion, which was referred to the Committee on Contingent Expenses: OP THE STATE OF LOUISIANA. 43 Raolved, That the Committee oa Contingent Expenses be instructed to report to the Con- vention an ordinance providing for the pay- ment of the oflBcers of this Convention. Mr. Davidson, of Sabine, oflfered a resolution relative to the compensation of Mr. Bloonifield, Postmaster to the Convention at Baton Kouge, which resolution, on motion of the same gentle- man, was referred to the Committee on Contin- gent Expenses. Mr. Bonner offered the following resolution, which was adopted : Resolved, That the Secretary of this Conven- tion be and he is hereby instructed to forward, forthwith, to the oflice of Secretary of State, a copy of the ordinance containing the oath to be taken by all oflBcers of this State, and a copy of the ordinance altering article Vld, of the State Constitution. Mr. Texada introduced a resolution instruct- ing the Committee on Finance to report what compensation should be allowed to the Com- missioner to Texas, which resolution was re- ferred to the said committee. Mr. Michel presented a resolution authorizing the payment of certain sums of money to Cap- tain Jas. Davis, out of the public revenues of the United States prior to the 3Ist January, 1861, which resolution was referred to the Com- mittee on Finance. Mr. Cottman offered a resolution authorizing the Committee on Postal Affairs to employ a sufficient number of clerks to enable them to report by Tuesday next, which resolution, on motion of Mr. Walker, was laid on the table. Mr. Johnston introduced a resolution in- structing the Committee on Commerce to report as to the propriety of modifying certain reve- nue laws, which resolution was referred to the ' Committee on Commerce. Mr. Bonford then called up the unfinished business of yesterday, it being the ordinance relative to the Circuit and District Courts of the late United States, and meved the adoption of the 2d section, when Mr. Semmes offered the following as a sub- Btitute to the ordinance, which, on motion of Mr. DeBlanc, was laid on the table. AN ORDINANCE concerning Judicial Powers. We, the people of the State of Louisiana, in Con- vention assembled, do declare and ordnn, and it is hereby declartd and ordained : That the judicial powers heretofore delegated by this State so as to form a part of the judi- cial power of the United States, haying reverted to this State, shall be exercised by such courts as the General Assembly may direct. 2. That execution on all decrees and judg- ments rendered in the several Courts of this State, from which a writ of error or appeal would lie to the Supreme Court of the United States under the laws 'of the United States, in lorce prior to the passage of the ordinance of Becession, shall be stayed until some provision for an appeal or writ of error shall be made by the General Assembly of this State or other lawful authority. Mr. Rozier moved to postpone the luither consideration of the ordinance until the 6th March next, which, on motion of Mr. DeBlanc, was laid on the table. On motion of Mr. Bonford, the 2d section was then adopted. The 3d section was read, and, on motion, adopted. The 4th section was read and abo adopted. The .Sth section being taken up, Mr. O'Bryan proposed to amend it by striking out of the 17th line the words '• cast therein,"' which amendment was accepted by the chairman, and the section, as amended, was adopted. Mr. Miles offered the following as an addi- tional section : That citizens of such States as have violated the Constitution of the late United States of America, by enacting personal liberty bills, or laws nullifying or impeding the execution of the fugitive slave law. shall not be authorized to institute or prosecute suits in either of tho courts named in this ordinance. On motion of Jlr. Lawrence, the proposed additional section was laid on the table — the result of a call of Mr. Miles for tho yeas and nays being as follows : Messrs. Bermudez, Bienvcuu, Bonford, Bon- ner, Briscoe, Burton, Bush, Butler, Caldwell, Carr, Cook, Conner of Concordia. Davidson of Livingston. David.^on of Sabine. DeBlanc Duf- fel, Elam. Elcee, Estlin, Fuselier, Fuqua, Gar- dere, Gladden. Girard, Griffin. Hernandez, Herron. Hough, Hodge. Hollingsworth, Kidd, Labatut. Lawrence, Lagroue, Le Bourgeois, Lewis of of Claiborne, Lewis of Orleans, Man- ning, Martin of Assumption, Martin of Carroll, McCloskey, McCollom, McFarland, Melancon, Meredith, Norton, Olivier, Patterson, Perkins of Lafourche, Perkins of Orleans. Pemberton, Pierson of Natchitoches, Pierson of Winn, Pike, Polk, Richardson, Roman, Roselius, Scott of Claiborne, Smith. Smart, Sompayrac, Stocker, Taliaferro, Taylor of St. Charles. Taylor of St. Landry, Texada, Thomasson, Todd, Tucker, Verret, Walker, Williams of East Baton Rouge, Wilkinson, Wiltz, York — 7.5 yeas. Messrs. Dorsey, Dupre, Garret, Gill, Gray, Graves, Johnston, Marks of Caddo, Marks of Orleans. McNeely, Miles, Michel, Miller, O'Bry- an, Peck, Scott of East Feliciana, Semmes, Stewart, Swaze, Tappan, Towles and Valentine — 22 nays. Yeas, 75 ; nays, 22. Mr. Semmes moved that the following bQ adopted as an additional section to the ordi- nance, which motion was carried : Sec. 6. That all suits and actions pending in the said Circuit or District Courts, or in any Court of this State, heretofore instituted by the United States, shall be carried on and pro- secuted in the name and for the benefit of the State of Louisiana, and all decrees and judg- ments, heretofore rendered in said Court in favor of the United States, shall be executed and enforced in the name and for the benefit of this State. 44 JOURNAL OP THE CONVENTION Mr. Michel offered the following as an addi- tional section to the original ordinance : Sec. 7. Resolved. That the clerk or clerks to 1)0 appointed under the provisions of the above ordinance, shall ))e authorized to cause a suit- able seal or seals to be made for the use of said court or courts, a full description whereof shall bo recorded in the office of the Secretary of State. Mr. Elgee moved to lay the amendment on the table, which motion was lost, and the sec- tion was adopted. Mr. Miles offered the following as an addi- tional section to the ordinance : That the Legislature shall have power to re- peal or amend this ordinance whenever the public interest shall require it. Mr. Stocker moved to lay the proposed addi- tional section on the table, which was carried. Mr. Bush moved the reconsideration of the fi.f'th section, which being granted, he moved to amend said section by striking out in the seven- teenth line of the proviso the words " taking the appeal '' and inserting the words " desirous of applying for a writ of error or appeal," which motion was carried. On motion of Mr. Boulbrd, the fifth section, as amended, was adopted ; and, on motion of the same delegate, the ordinance, as amended, was adopted as a whole, and reads as follows : AN ORDINANCE concerning the Circuit and District Courts established in the State of Louisiana by the late Government of the United States. The people of the Slate of Louisiana, in Convention fi.tsemhled, do ordmn, and it is hereby ordained as follows : Skctiox 1. All acts and parts of acts of the Congress of the late United States of America, relating to the organization and jurisdiction of the Circuit and District Courts established by said Congress within the territorial limits of the State of Louisiana, and relating to the ad- ministration of justice iu said Courts, which Avere in force in this State at the time of the separation of this State from the said Confed- eracy, are hereby re-enacted and declared to be in full force and effect as laws of the State of Louisiana, so far as the same are not inconsis- tent with any of the ordinances of this Con- vention, or incompatible with the sovereignty of the State of Louisiana; and all writs and process from said Courts shall be issued in the name and by the authority of the State of Lou- isiana. Sec. 2. All offices held within this State, under and by virtue of the act.s of Congress aforesaid, shall continue as organized under said acts ; and the functions and duties thereof shall be performed by the respective officers who have had charge of the same under the said laws : Provided said officers shall recognize the sole and exclusive authority of the State of Louisiana, by accepting and receiving com- missions from the Governor as oflScers of the State of Louisiana, and by taking the oath of office preacribed by the ordinance passed by this Convention, amending the 90th article of the Constitution of this State. Sec 3. Should any person in charge of any such office refuse to comply with the proviso to the foregoing section, the said office shall be deemed vacant, and the books, records and ef- fects thereof, of every kind whatsoever thereto appertaining, or in any wise belonging, shall be delivered to such other person as the Governor shall commission to hold and perform the du- ties of the said office; and should any office here- tofore held in this State, under and by virtue of the laws of the United States mentioned in the first section of this ordinance, become vacant from any cause whatsoever, the Gov- ernor shall have authority, and he is hereby directed to commission some competent and experienced person to perform the duties thereof : Provided that all such appointees shall take and subscribe the oath prescribed in the second section of this ordinance. Sec. 4. All officers commissioned by the Governor, by virtue of this ordinance, shall, within twenty days after the date of their com- mission, execute, in favor of the State of Louis- iana, bonds analogous to those which have been heretofore required to be executed in favor of the United States in similar cases and with like security ; and said bonds shall be deposited among the archives of the State in the office of tne Secretary of State. And all accounts, ab- stracts, funds, vouchers or reports of any kind whatsoever, required by the lav/s of the United States, or by instructions from the Executive Department of the Government, to be trans- mitted to said Government, shall be transmit- ted at the time prescribed by said laws or instructions to the corresponding Executive De- . partraent of the Government of the State of Louisiana. And the State of Louisiana doth hereby guarantee and indemnify all the oflicers who comply with the provisions of this ordi- nance, against all claims and demands of the United States arising out of such compliance. Sec. 5. That all suits, actious or proceedings of any description whatsoever pending in said courts at the time the Ordinance of Secession was passed, shall continue, and be carried on, as if no interruption to the business of the said courts had taken place, and in all cases pend- ing in the Circuit Court, mentioned in the first section of this ordinance, wherein a final judg- ment or decree has been or may be rendered, from M'hich judgment or decree a writ of error or appeal would lie, under the provisions of the acts hereinbefore described, as also in all cases in the several courts of this State, from the judgments or decrees in which a writ of error would lie to the Supreme Court of the United States under the acts in force, as aforesaid, ex- ecution upon the said judgments or decrees shall be stayed ; Provided the party desirous of ap- plying for a writ of error or appeal, shall, within ten days, exclusive of Sundays, after the rendiiion of the judgment or passing the de- cree complained of, file his petition addressed OP THE STATE OP LOUISIANA. 45 to the said court, stating his intention to apply for a writ of error or appeal, as the case may require, to have the said cause re-examined by the court to be constituted for that purpose ; and shall, within ten days after the orjraniza- tion of said court, perfect his said application ; and, provided furtlicr, that the said party sliall give bohd, with good and sufficient security conditioned, to perfect and prosecute said writ of error or appeal, with such other conditions and in such amount as are prescribed in similar cases by the laws hereby re-cnactcd. Sec. (). That all suits and actions pending in the said Circuit or District Courts, or in any Court of the State heretofore instituted by tlie United States, shall be carried on and jjrose- cuted in the name and for the benefit of the State of Louisiana, and all decrees and judg- ments heretofore rendered in said Courts iu favor of the United States, shall bo executed and enforced in the name and for the benefit of this State. Sec. 7. That the clerk or clerks to be ap- pointed under the provisions of the above ordi- nance, shall be authorized to cause a suitable seal or seals to be made for t'>r use of said Court or Courts, a full doscrp'ii n whereof shall be recorded in the office of the Secretary of State. Mr. Tappan obtained leave to introduce an ordinance concerning crimes and offences under the laws of the late Government of the United States, to which Mr. Bush oft'ertd an amend- ment, wlien both the ordinance and amendment were ordered to be printed and made the special order of the day for to-morrow. The special order of the day being the ordi- nance reported by the Committee on Public Lands, was, on motion of Mr. Elgee, read and ordered to be taken up section by section. Mr. Elgee moved the adoption of section 1st, which reads as follows : Be it ordained by the people of Louisiana in Con- vention assernlyhd. That the title to all the unap- propriated public domain within the limits of the State of Louisiana is of right the property of the said State, and all control and jurisdic- tion over the same is hereliy declared to be vested in and assumed by the State. Mr. JlcCoUom ottered the following amend- ment, to be read after the 5th line of the 1st section : Provided, that all inchoate titles emanating under any law, grant or donation from the late Government of the United States to private in- dividuals, and to all corporations in this State, be and they are hereby recognized and placed on the same basis that they were on under the laws of the late Government of the United States. 5Ir. Fuqua offered the following as a substi- tute for Mr. McCollom's amendment, to bo added to the fifth line of tlie first section, so that the section read as follow s : Be it ordained by the people of Louisiana in Convention assembled, That the title to all of the unappropriated public domain within the lifliits of the State of Louisiana, ie of right the property of the said State, and all control and jurisdiction over the same is hereby declared to be vested in and assumed by the State, in the same manner as heretofore held and exercised by the United States. On motion of Mr. Elgee. the Convention then adjourned. J. T. WHEAT, Secretary. Satukdat, Feb. 9, 1S61. The Convention met pursuant to adjournment, Hon. A. Mouton presidin:^ After prayer by the Kev. Mr. Jessup, the roll was called, and eighty-seven Delegates answered to their names. The journal was then road and approved. [Mr. Miles rose to a question of privilege, and corrected a misconstruction in this morn- ing's Delta, relative to the votes of certain Del- egates on the Judiciary question.] Mr. Davidson, of Sabine, offered a preamble and resolution, relative to the adjournment. «ntreasury of the late Uni- ted States, of the Marshals and Assistant Mar- shals of the Eastern and Western Districts, for taking the census in 1860, which resolution was referred to the Committee on Finance. On motion of Mr. Girard, the report of the Committee on Patents was made the special order of the day for Monday next, at 12 o'clock, M. The report of standing committees being next in order, Mr. Walker read a report of the Com- mittee on Postal Affairs, which, on motion of Mr. Fuqua, was ordered to bo printed and made the order of the day for Monday next, at 1 o'clock, P. M. Mr. Semmes having anked and obtained leave presented a report of the Committee on Com- merce and Navigation, relative to light-houses within the State, which, on motion, was laid over under the rules. The consideration of the ordinance reported by Mr. Elgee yesterday, as chairman of the com- mittee ou Public Lands, was resumed. 46 JOURNAL OF THE CONVENTION Mr. Fuqua withdrew the substitute offered by him yesterday, for Mr. McCollom's auiendmont to the 1st section of said ordinance. Ou motion by Mr. Bonford, Mr. McCollom's amendment was further amended by Btriking out the words " recognised and."' Motion being made for the adoption of Mr. McCollom's amendment, as amended, Mr. Connelly called for the yeas and nays, which resulted as follows : The yeas were Messrs. Anderson, Bienvenu, Bonford, Caldwell, Cook, Connelly, Dupre, Elam, Girard, Hongh, Hollinsworth, Kennedy, Le- Bourgoois, Lewis, of Orleans, McCollom, Mere- dith, O'Bryan, Perkins, of Orleans. Pemberton. Pierson, of Winn, Roman, Rozier, Scott of East Feliciana, Stocker, Swayze, Taylor, of St. Lan- dry, Todd. Williams, of East Baton Rouge, Willia,ms, of St. Helena, Wilkinson— 30. The nays were Messrs. Barrow, Bermudez. Bonner, Briscoe, Butler. Conner, of Concordia, Davidson, of Livingston, Davidson, of Sabine, DeBlanc,Dorsey, Du2el, Elgee, Fuseller, Fuqua, Gardcre, Graves. Gray, Herron. Hodges, John- ston, Labatut, Lawrence, Lagroue, Manning, Marks, of Caddo, Marks, of Orleans, Martin, of Assumption, Martin of Carroll, Magee, Melan- gon, Miles, Miller, Moore, Olivier, Patterson, yeck. Pierson, of Natchitoches. Pike, Richard- son, Semmes, Slawson. Smith, Stewart, Tappan, Talbot, Taylor, of St. Charles, Texada, Thomas- eon, Towles, Valentine, Warren, Walker and York— 53. RECArrrOLATION, Yeas , SO Nays 53 Consequently Mr. McCollom's amendment to first section was rejected; And on motion of Mr. Elgee, the first section was adopted. The second section, which reads as follows, was taken up : Be it further ordained, etc., That the Surveyor- General, and the Registers and Receivers of the several Land Offices at New Orleans, Opelousas, Natchitoches, Monroe, and Greensburg, within this State, be required to surrender forthwith to the Governor of the State, or to some person authorized by him, all of the public monies in their hands, and all of the books, records, pa- pers and archives of, and belonging to thuir respective oEBces, and in so doing shall be held harmless against all loss or damage which might accrue to them, or to their sureties, by reason of the obligations contracted by them in res- pect of the late Government of the United States. Several amendments and a substitute for said 2d section, were proposed by Messrs. Elgee, Du- pre, DeBlanc, Moore and O'Bryan. At this stage of the proceedings, the Presi- dent, Mr. Mouton, announced to the Convention the intelligence just then received by telegraph that the Hon. Jefferson Davis, of Mississippi, and Hon. A. H. Stephens, of Georgia, had been elected by tke Convention at Montgomery, the President and Vice-President of the Provisional Government of the Southern Republic. Whereupon, Mr. Walker having first asked and obtained leave, and a suspension of the rules being gn.uted, offered the following reso- lutions, which were unanimously adopted: Resolved, 1\vit this Convention receives with the most cordial approval, the intelligence this day received by telegraph, of the election of Jefferson Davis, of Mississippi as President, and of Alexander II. Stephens, of Georgia, as Vice- President of tlie Provisional Government of the Southern Republic. Resolved, That the Secretary of this Conven- tion be instruct ed to communicate the foregoing resolution to the President of the Convention at Montgomery. The regular business of the Convention being resumed. Mr. Olivier moved that the ordinance on pub- lic lands, together with the amendments, substi- tute and prc-viso offered, be recommitted. Which was carried. And, on motion of Mr. McCollom. the rej)ort of said committee was ordered to be printed, and made the i~pecial order ot the day tor Mon- day at 2 o'clock, P. M. Mr. Elgee atkedto be discharged from further service as a member of the Committee on Public Lands. Which was granted. Ou motion ly Mr. Herron, the rules being ms- pcnded, he oil'ered the following resolution, which was unimimously adopted : Resolved., That a committee be appointed, for the purpost; of having an appropriate salute fired in honor of the recent election of Presi- dent and Vice-President of the Southern Con- federacy. The President appointed as said Committee Messrs. Herron, Labatnt and LeBourgeois. ORDER OF TUE DAY. The report of Committee on Commerce — An ordinance relative to the prosecution of the work for keeping open the channel of the South- west Pass of the Mississippi river, under the contract made with the United States prior to the passage of the Ordinance of Secession. Said ordinance being the order of the day, on motion by Mr. Semmes, was taken up and read, and after some debate upon the same, it was, on motion by Mr. Lewis, of Claiborne, laid on the table subject to call. Mr. Walker introduced the following reso- lution : Resolved, That the resolution of this Conven- tion, adopted on Wednesday, the 6th of Febru- ary, fixing next Tuesday for the adjournment of the Convention, be rescinded. And moved a suspension of the rules for im- mediate action on said resolution, which motion was lost. Mr. Herron, chairman of special committee appointed to iiave a salute fired in honor of the election of President and Vice-President of the Southern Rejuiblic, made a report. That the committee had arranged that a sa- lute of 100 guns would be fired at 5 o'clock OP THE STATE OF LOUISIANA. i1 this evening by Maj. J. B. Walton, of the Bat- talion of Washington ^Vrtillery, who had ten- dered the services of his corps for that pur- pose. On motion, the Convention adjourned until Monday next. J. T WHEAT, Secretary. Monday, February 11, 1861. The Convention met pursuant to adjourn- ment. Hon. A. Mouton presiding. After prayer by the Rev. Mr. Moore, the roll was called, and 83 delegates answered to their namep. Funding the reading of the journal, Mr. Estlln moved to correct it so as to state more accu- rately the substance of the resolution oilVrcd by him on yesterday, which being complied with, the journal was approved. Mr. Michel presented a resolution for the re- lief of Henry U. Miller, late U. S. District At- torney, which was referred to the Committee on Finance. Mr. York presented an ordinance to amend article 107 of the State Constitution, which was ordered to lie over under the rnlos. Mr. Manning offered a resolution instructing the Committee on Public Lands to inquire into and report as to the necessity of establishing a General Land Office under the direction of a chief officer of the land system in the State, and to report also as to the propriety of making any change in the laws of the late United States relative to the public domain in Louisiana ; said committee, if they report affirmatively, to accompany tlicir report with an ordinance and project for the establishment of such land sys- tem. Ordered to lie over under the rules. Mr. York presented a resolution relative to the compensation of the officers of the Conven- tion, which was ordered to lie over under the rules. Mr. Elgeo, as chairman of a special commit- tee heretofore appointed to consider and report upon an appropriate flag for the State of Louis- iana, presented the following ordinance as the report of that committee, and on his motion the rules were suspended for the purpose of acting upon said ordinanne immediately. We, tlie people of Louisiana, \n Oonvcniion as- 6eml)lcd, do ordain and establish that the flag of the State of Louisiana shall consist and be composed of thirteen horizontal stripes, of the colors hereinafter described, and to be disposed in the following order, commencing from the upper line or edge of the flas:, to-wit : the first stripe, blue ; second, white ; third, red ; fourth, white ; fifth, blue : sixth, white ; seventh, red ; eigth, white ; ninth, blue; tenth, white ; eleventh red ; twelfth, white, and the thirteenth or bot- tom stripe blue. We do further ordain and estallish, That there shall be, in the upper or chief corner of the flag a square field, the color whereof shall be red, and the sides thereof equal to the width of seven Btrlpes, and that in the center of said field there shall be a star of due and proportionate size, having five points or rays, and that the color of said star shall be a pale yellow. We do further ordain and establish, That the said flag and no other shall be the national flag of the State of Louisiana. The question occurring upon the ordinance as reported, it was, on motion of Mr. Bienvenu, unanimously adopted. On motion by Mr. El gee, the following reso- lution was then adopted : Resolved, That the Military Committee be in- structed toadopt such regulations as may be proper for properly inaugurating and saluting the flag of the State. On motion by Mr. Tappan, the remarks ad- dressed to the Convention by Mr. Elgee, chair- man of the committee, explanatory and in sup- port of the ordinance just adopted, were ordered to be spread upon the journal of the Convention, and are as follows : That the committee being satisfied that the device of the pelican was not in consonance with the taste or wishes of the people, their at- tention was directed to ascertain if they could not weave into a flag the symbols and colours that were familiar to the people and endeared by a thousand recollections ; that the "gorgeous ensign" of the once "great republic" lay at- our feet, its stripes were defaced ; its stars had faded ; and the glorious constellation had dis- appeared which had borne our name from the ice ribbed shores of the great northern sea, to the very verge of the Southern pole — that the committee unanimously said let us retain these stripes, for, however, discord, disunion and fren- zied hate, may have torn the country asunder, the memory of the " old thirteen " still live* — • their struggles, their trials and the crowning achievement of their labors shall live, while civilization lasts, in the memory of the philoso- plier, the statesman, the philanthropist and the christian ; and can only be forgotten, when we cease to turn with affectionate reverence to the calm and wise counsels of him, whom I would still fain believe is " first in the hearts of his countrymen." We dedicate, therefore, the thirteen stripes upon our flag, to the memory of those whose unconquerable love of freedom has taught us this daf, how peacefully to vindicate our rights and protect our liberties. The committee, too, could not forget that another race, bold, warlike and adventurous, had planted the first colony of white men on the shores of Louisiana ; the name of our State, that of our city, nay, even the morning roll call of the Convention, as it summoned us to our duties, bade us remember that some tribute was due to the children and descendants of the founders of the colony — the blue, the white, the red, emblems of liope, virtue and valor, to the memory of those who first on this soil laid the foundations of an empire. Still another race and another nation re- mained who equally demanded a recognition in a flag designed to be national. If to France we 48 JOURNAL OP THE CONVENTION are indebted for the foundation of the colony, Spain merits an acknowledgment at our hands, for by her was the infant structure built up. iler mild and paternal rule is yet spoken of by the older inhabitants, whilst the great body of our law stands this day a monument of her wis- dom. To the children of Spain we dedicate the colors of red and yellow, which we have woven into our plan. The star cannot fail to remind you that Louisiana has arisen to take her place in the political firmament. Uniting, then, our three distinct nationalities into one, we present a flag which carries with it a symbol dear to every American, whether it be at the last hour of dissolution, or the davm of a new birth — it is the badge of Union. What the future fortunes of this our flag may be is of course known only to Him who holds in his hands the destinies of nations. Should the violence of enemies force us to the battle-field, may it be found as of old. in the foremost ranks of the conflict. But our mission is that of peace and brotherhood. So permit me, as I consign to the Convention this new emblem of our na- tionality, to speak aloud the wish dearest to my heart, that it now and forever may wave over a peaceful, a happy, a united and independent Louisiana. On motion of Mr, Bienvenu, the rules were suspended, and the following resolution adopted : Be it resolved, That the Secretary of this Con- vention be instructed to inform the Governor of the State of the adoption of the National Flag of Louisiana. Mr. Swayze, chairman of the Committee on Public Lands, presented a report from said committee, which, on motion of Mr. Todd, was ordered to be printed, and, on motion of Mr. Swayze, was made the special order of the day for to-morrow, at 10 o'clock, A. M. Mr. Gardere, on behalf of the Committee on Finance, etc.. presented a report, which was made tlie special order of the day, at 12 o'clock M., to-morrow. Mr. Norton, chairman of the Committee on Inventory of Federal Property, presented the following report, which, on motion of Mr. Est- lin, was accepted : INVENTORY OF PROPERTY of ihe United States indirectly and directly under tl," control of F. H. Hatch, Esq., Collector of the Port of New Orleans. INDIRECTLY A3 DISBUKSIXG AQKNT OF FL'BLIC WOKKS. New Custom-house building, N. 0. incomplete, on which has been expended $2,958,78.3 15 New Marine Hospital building, N. O.. incomplete, on which has been expended 379,720 80 A3 SUPERINTENDENT OF LltfllTS. The following described light houses within the eighth and Ninth Districts of the United States, the value of which I have no means of estimating : Destroyed by Storm and Discontinued. In Eighth District — Light-house at Pontchartrain ■ In Eighth District — Light-house at New Canal In Eighth District— Light house at Bayou St. John In Eighth District— Light -house at Bonfouca In Eighth District — Light-house at Pass Manchac In Eighth District — Light-house at Fort Pike In Eighth District — Light-house at Tchcfuncta river In Eighth District — Light-house at Proctor viUe Ninth District — Light-house at De .T Island, N. E. Pass Ninth District — Light-house at Gordon's Island, S. Pass Ninth Distriet — Light-house at S. W. Pass Ninth District — Light-house at Pass a-l'Outre ■ Ninth District — Light-house at Temballler Bay Light house tender, a schooner '• W. F. King," of 65 tons bur- den DIRECTLY AS AGEXT OF MARINE nOSriTAL. Furniture, fixtures, supplies, etc., of Marine Hospital establish- ment at U. S. Barracks estimated value $2,556 25 Old Marine hospital building at Gretna, in a dilapidated state and untenantable condition. . . . ■ AS COLLECTOR OF CUSTOMS. New warehouse at Quarantine Sta- tion, completed at a cost of 41,328 G4 Furniture and fixtures, etc., of collector's office 2,000 00 Furniture and Fixtures, etc., of naval office 200 GO Furniture and fixtures, etc. of Sur- veyor's office with apparatus of weighers, gangers, measurci and makers.. 1,115 00 Furniture, fixturei>, etc., of Ap- praiser'« o'lico 150 00 Revenue boat-j u.std by boarding officers at New Orleans 100 00 Boarding station building at Southwest Pass, in damaged condition from late storm, boats etc Boarding Station building at Pass a-1'Outre, damaged by late storms, boats, etc Revenue cutter '• Robert Mc-Lel- land," complete and in service, estimated value 20,000 00 Revenue cutter " Washington," undergoing repairs ; incomplete on which has been expended to date 13,550 00 OP THE STATE OP LOUISIANA. 49 Office furnitnre and apparatus of local iDBpectors of hulls and boilers 216 50 CASH. Dead money collected under act of 3d March, 1855, section 14. to 31st January, 1861 $1,280 00 Balance on hand as Disbursing Agent of the Treasury on 30th January, 1861, subject to ad- justment of my accounts 176 81 All other balance having been deposited with the Assistant Treasurer of the United States at New Orleans, on the 30th January, 1801. MEMORANDUM. The following is the amount of impost duties assessed on mer- chandise in warehouse, entered for warehousing to 31st January 1861 $731,330 00 Mr. Kennedy, chairman of Committee on Cit- izenship, presented an " ordinance relative to the oath of allegiance," and, on his motion, the rules were suspended for the immediate con<5id- cration of said ordinance, and moved for its adoption. Mr. Elara moved to postpone the con.sidera- tion of said ordinance, that it be printed and made the special order of the day lor to-mor- row, which was carried. SPECIAL ORDER OF THK PAY. '' An ordinance in relation to Patents." Mr. Girard, chairman of the Committee on Patents, moved to take up the said ordinance, and that it be adopted. Mr. Davidson, of Sabine, moved to postpone the consideration of said ordinance until the (ith of March next, which was carried. Mr. Walker then called up the ordinance re- ported by him yesterday, as Chairman of Com- mittee on Postal Affairs, and made a special order for to-day, which reads as follows : AN ORDINANCE relative to Postal Arrange- ments in Louisiana. Whereas, the State of Louisiana owes it to her own citizens and to those of other States, thut as one of the contracting parties, she would not prevent or interrupt the performance of the pending contracts for carrying and delivering the mails made by the United States, while Louisiana was one of said States: Be it ordained by the peopk of the State of Louis- iana, in Convention assembled, That the existing postal contracts and arrangements shall be con- tinued, and the persons charged with the duties thereof, shall continue to discharge naid duties until a postal treaty or treaties shall be con- cluded, or until otherwise ordered by this Con- vention, or by some competent authority. Mr. Walker moved to amend the ordinance reported, by striking out in the third line, the words " shall be continued,"' and inserting in lieu thereof, the words "will not be inter- rupted by the State of Louisiana ;'' and in the fourth line, by striking out the word ** shall,'- and inserting the word " may " instead, and in G the seventh line by inserting the word '* other "' between the words " some " and " competent.'* which amendments being agreed to, the ordi- nance was adopted. Mr. Walker moved to adopt the preamble to said ordinance as reported. Mr. Semmes moved to strike out the pream- ble, which was agreed to, and the question re- curring upon the ordinance thus amended as a whole, it was adopted, and reads as follows, viz : AN ORDINANCE relative to Postal Arrange- ments in Louisiana. Be it ordained by the peojile of Louisiana, in (Jovr veniion asssmbled, That the existing postal con- tracts and arrangements will not be interrupted by the State of Louisiana, and the persona charged with the duties thereof, may continut to discharge said duties until a postal treaty or treaties shall be concluded, or until other- wise ordered by this Convention, or by eome ether competent authority. Mr. Olivier, chairman of the Committee ou State Constitution, reported unfavorable with regard to a resolution of Mr. Dorsey referred to that committee, relative to the amendment of article 123 of the Constitution. The same delegate from the same Committee ftlso reported unfavorably as to an ordinance presented by Mr. Thomassou, relative to the amendment of article 11 of the Constitution. An ordinance to alter certain articles of the Constitution was then presented by Mr. Olivier, and, on his motion, the rules being suspended, said ordinance was considered section by section for adoption. Mr. Semmes suggested that in the tilth line of section 1st the word " is •• be stricken out, and the words " shall be,'' inserted in lieu thereof, between the words " who " and '• citi- zen,'' which being agreed to, the section aa amended was, on motion of Mr. Olivier adopted. Section second was then taken up. and, on metion of Mr. Olivier, adopted. On motion of the same delegate the ordinance as amended, was adopted as a whole, and reads as follows : AN ORDINANCE to alter certain articles ot the Constitution. We, the people of the State of Louisiana, in Con- vention assembled, do declare and ordain, and it is hereby declared and ordained : First, That article ten of the Constitution of the State bo, and the same is hereby altered so as to read as follows, to-wit : Every free white male who has attained the of twenty-one years, and who shall be a cit- izen of the State, and has been a resident therein twelve months next preceding the election, and the last six months thereof in the parish ia which he oilers to vote, shall have the right of voting ; but no voter removing from one parish to another within the State shall lose the right of voting in the former until he shall have ac- quired it iu the latter. Electors shall in all cases, except treason, felony, or breach of ttjg^ peace, be privillged from arrest during their 50 JOURNAL OP THE CONVENTION attendance at, going to, or returning from elec- tions. Second, That article ninety-nine be and the same is hereby altered so as to read as follows, to-wit : No person, holding or exercising any office of trust or profit under any Confederacy of States or under any foreign power, shall be eligible as a member of the General Assembly, or hold or exercise any office of trust or profit under the State. Mr. Tappan. on behalf of the Committee on Judiciary, called up an ordinance heretofore presented by him c :.ucerning crimes and offences under the laws of the late Government of the United States, which on motion, was considered section by .section. The 1st section being read, it was, on motion of Mr. Tappan, amended by striking out in the seventh line the words " and other offences," and the section thus amended, was, on motion of the same delegate adopted. The 2d, 3d, 4th and 5th sections being read, on motion by Mr. Tappan, were respectively adopted. The 6th section being read, Mr. Marks, of Caddo, moved to amend by transposing the said 6th section for the 7th section, which was car- ried, and the said 7th section thus transposed, was, on motion by Mr. Tappan, adopted as the Cth section of the ordinance. For the 7th section, on motion by Mr. Tap- pan, the 6th section of the ordinance as reported was adopted as the 7th section of said ordi- nance. Mr. Rozier moved to amend the ordinance by adding the following section : Sec. 8. That the Supreme Court of the State shall have appellate jurisdiction in all criminal ca.ses on questions of law alone. Which was rejected. On motion by Mr. Tappan, the ordinance as amended was then adopted as a whole, and reads as follows : AN ORDINANCE Concerning crimes and of- fences, under the laws of the late Government of the United States. Tlie people of the Slate of Louisiana, in Convention aMsembled, do declare and ordain, and it is hereby declared and ordained, as follows : 1. Tliat all laws of the late Unitei States of America, in force in this State on the 26th day of January, A. D. 18U1, defining crimes and offences, and providing punishments for the same, are hereby reeuacted and adopted as laws of the State of Louisiana, except such laws as define and punish treason against the late Gov- 'ernment of the United States, and such other laws as are inconsistent with any of the ordi- nances of this Convention. 2. That all prosecutions for said crimes and offences, shall be carried on in the name and by the authority of the State of Louisiana, and conclude against the peace and dignity of the same. 3. That all prosecutions for said crimes and offences shall be carried on in the courts adopted by this Convention under an ordinance entitled " An Ordinance concerning the Circuit and District Courts, established in the State of Louisiana by the late Government of the United States," and in accordance with the jurisdiction therein delincd. 4. Tliat all judgments of the courts of the late United States in this State, heretofore ren- dered, condemning under said laws any person to punishment, shall remain in full force and effect ; and all persons now in custody in any prison or the penitentiary of this State by vir- tue of f-aid judgment, shall remain in custody until the full and complete execution of said judgment, unless sooner discharged, as herein- after provided, 5. That the power to grant reprieves and pardons for said crimes and offences, heretofore belonging to the President of the United States, is hereby conferred upon the Governor of this State, with the approval of the Senate, 6. That no ordinance passed by this Conven- tion shall operate as a discontinuance of any prosecution already commenced under laws of the late Government of the United States , and the same shall be continued, prosecuted and punished in the same manner, as if no alteration had been made in the form of Government, merely changing what ought to be changed to conform to the present oi'dinance, 7. That the Legislature shall have power to amend, alter or abolish any of the provisions of this ordinance. Mr. Manning, on behalf of the Committee on Commerce and Navigation, called up an ordin- ance heretofore reported by him concerning the protection of the State from invasion by sea ; which, on his motion, was taken up section by Bection. Section 1st being read, it was, on motion by Mr. Manning, amended by striking out in the second line the words " other resident and in- habitant of this State," and inserting in lieu thereof " other ijerson," and in the seventh line by inserting the words '■ or up either of said rivers," after the words " Atchafayala river," which v.'as agreed to, and the section as amend- ed, was, on motion, adopted. Section 2d having been read, on motion of Mr. Manning, it was adopted. Section 3d being taken up. Mr. Bienveuu moved to strike out said section, which, on mo- tion of Mr. Lawrence, was laid on the table, and the said section adopted. The 4th section was read, and, on motion of Mr. Manning, was adopted, and the ordinance, as amended, was. on motion of the same dele- gate, adopted as a whole, and rgads as follows, viz : AN ORDINANCE to guard the State from In- vasion by sea. We, the people of the State of Lmisiana, do de- dare and ordain, and it is hereby declared and or- dained : 1. That any pilot or branch-pilot, holding a license or commission under the lav.'s of fhis State, or any other person, who shall conduct any armed vessel belonging to the Government OP THE STATE OP LOUISIANA. 51 of the late United States, into either of the mouths of the Mississippi river or into the Atchafajala river, or up either of said rivers, or into any bay or bayou leading into the inte- rior of this State, shall be siibjoct to indictment in the First District Court of New Orleans, and upon conviction, shall be fined not more than one thousand dollars and be imprisoned at hard labor, not less than five years nor more than ten years ; provided, however, that the Gov- ernor of this State shall have power to suspend the operatioB of this ordinance whenever he may deem it advisible. 2. That the (Governor of this State is hereby empowered to cause all buoys and beacons in the channels leading into the rivers above men- tioned, and all landmarks that may serve as guides for vessels entering said rivers, to be removed whenever in his opinion the public safety may recjulre such removal. 3. That the Governor of this State is hereby authorized and emix)wcred to remove any pilot or branch pilot from office whenever he may have good cause to sBspect his fidelity to the State uf Louisiana. 4. That the General Assembly of this State is hereby authorized and empowered to repeal or modify this ordinance. On motion of Mr. Fuqua, the rules were sus- pended, and the lollowing resolution adopted : J{m>lv,'d, That the Hon. John. Slidell. and the Eon. J. 1'. Uenjamin, late Senators of the State of Loui^^iaua. in the Congress of the United States, be invited to seats within the bar. and that a committee of three be appointed to notify (Iiem of this resolution. On this committee the President appointed .Messrs. Fuqua, Miles anrl Lawrence. Comuuinications from Mr. T. K. Wharton. Esq.. Superintendent of the new Custom-house, the Marine Hospital, and the Quarantine Ware- house, were then read, and on motion, referred to the Committee on Commerce and Naviga- tion. On motion of Mr. Moore, t!ie Convention ad- journed. J. T. WHEAT, Secretary. Tlksday, February 12. 1861. The Convention met pursuant to adjourn- ment. Hon. A. Mouton. President, in the chair. After prayer by Rev. Mr. McCoy, the roll was called and 57 delegates answered to their names. Mr. Taylor, of St. Charles. Chairman of Com- mittee on Military and Naval Affairs, reported the arrangements of that Committee, to whom the matter had been referred, relative to the proper manner of inaugurating and saluting the national flag of Louisiana. The ceremony to be as follows : The Convention, in a body, to move to Lafayette Square, where the mili- tary of the city are drawn up, and at 11 o'clock l>recisely the flag to be run up on the tlag-staff of the City Hall, and at the same moment a salute of twenty-one guns of artillery to be fired. The same delegate then moved that, for the purpose of carrying out this programme of ar- rangements, that the Convention take a recess until llj o'clock, which was carried. At IIJ o'clock the Convention resumed its sitting. On motion of Mr. Davidson, of Sabine, the roll was called again, and 86 delega.eR ans\\"ered to their names. The journal of yesterday was read and ap- proved. Mr. Walker offered the following resolution, and a .suspension of the rules being granted, it was. on motion, adopted: Besolved. That the Hon. John Robertson. Commissioner from the State of Virginia, and an honored citizen of that valuable and re- nowned commonwealth, be invited to a .«eat on the floor of this Convention. Mr. Moore introduced the Hon. John Robert- son. Commissioner of Virginia, who addressed the Convention. Mr. Richardson offered the following resolu- tion, and the rules being suspended, it was, on motion, adopted : Resolved, That the late Representatives, who have resigned their seats in the Congress of the late United States, be invited to seats on the floor of this Convention. Mr. Gardere, in l>ehalf of the Committee on Finance, made the following report on c rtaln resolutions that had been referred to said com- mittee : Favorably on a resolution to pay William Bloomfield, Sr., Postmaster to tlio Convention while at Batou Rouge, the sum of twenty-five dollars. Which, on motion, was adopted. Favorably on a resolution authorizing the Treasurer of the Mint at New Orleans, to pay out of the funds arising from the revenue of the port of New Orleans, a treasury warrant issued on the 31st day of January. 1861. for the sum of $33.5. in favor of H. C. Miller. Escj.. late United States District Attorney for the Eastern Disirict of Louisiana ; said sum being a balance of salary due : which, on motion, was adopted. Favorably on a resolution authorizing the Treasurer of the Mint at New Orleans, to pay out of the funds deposited to the credit of the public revenue of the United States, anterior to the 31st January, 1861, treasury warrant No. 2052. issued at Washington, in fovor of Captain James Davis, of New Orleans, dated on the 30th day of January. 1801, for the sum of $2493 12, said draft being in part payment for the construction of the Government wharf at the Quarantine Station on the Mississippi river, bidow the city of Now Orleans : which, on motion, was adopted. In addition to this report. Jfr. Gardere of- fered the following resolution, w-hich was adopted : Resolved, That the State Depositary and 52 JOURNAL OP THE CONVENTION Treasurer of the Mint, at New Orleans, be au- thorized to pay out of the revenue fund war- rant No. 2012, of the Treasury Department at Washington, dated 2!)th January, 18(31. for thirty-three dollars aad fifteen cents, in favor of said Assistant Treasurer, for contingent ex- penses of his office in New Orleans, for the quarter ending Slst December, ISGO. Mr. Bieuvenu, having aslied and obtained leave, and the rules being suspended, offered the following resolution, which, on his motion, was adopted : Resolved, That the sum cf tvreuty-Sve dollars be allowed to C. A. DeArmas as a compensa- tion for having made and painted the original drawing which was used in the making of the flag adopted by this Convention as the flag of Louisiana. Mr. Estlin moved to Eu?pend the rules, to take up tiio resolution heretofore oii'ered by him, relating to the appointment of a com- mittee of five to collect information and report to the Convention, upon its re-assemljliug in March, upon the expediency of making the banks now in existence in the State, uniform in their charters, provided the said banks will agree to p;iy a satisfactory bonus to the State, which was refused. SPECIAL ORDER OF THE DAT, The report of Committee on Public Lauds, Mr. Swayzc, chairman, being an ordinance relative 'to the unappropriated public do- main in the State of Louisiana, which was made the special order of the day for to-day at 12 o'clock", was then taken up section by Bcction. Section 1st being read, was, on motion by Mr. Moore, adopted. Section 2d being read, it was, on motion by Mr. Svvayze, amended by striking out, in the eighth and ninth lines, the words " on that day, commonly called the Ordinance of Secession." And, on motion by Mr. Todd, it was further amended by striking out, in the tenth line, all after the word "State," to the end of the section. And, on motion by Mr. Swayze, the said sec- tion 2d, as amended, was adopted. Section 3d being read, was, on motion by Mr. Manning, amended in the seventh line, so as to make the word '-ordinance" read "ordinances;" mid in the fifth line, by striking out the word •• s'lid " Irofore the word " surveyor.'" Mr. I)''Blanc moved tu furtlu'r amend the said TkI s''Ctio:i by inserting, in the fifth line, after the word " GiMieral," tht; words "of the State of Lonisiana," which w.is agreed to. Mr. Girard moved to amend, by striking out the word "of" before the words " tiie ordi- naaccs," in the fifth line, which was also agreed to, and the section, as amended, cas, on motion !)y Mr. Swayze, adopted. The 4th section being read, it was, on motion by Mr. Talbot, amended in the 4th line, by striking out the words " allegiance to," and in- Bcrting. in lieu thereof, llie words " office of," The 4th section, as amended, was then, on motion by Mr. Swayze, adopted. The 5th section being read, was on motion by Mr. Moore, adopted. The 6th section being read, it was amended, on motion by Mr. O'Bryan, by striking out the word " heretofore," in the fifth line, and in- serting instead the words " required to be ren- dered and," and by striking out the word " therein," in the 9th line, and inserting instead the woi'd " herein." And, on motion by Mr. Elgee, the Cth sec- tion was further amended, by striking out the words " of the State," and inserting after the words " Surveyor-General " in the tenth line, the words " of Public Lauds for the District of Louisiana," and the section, thus amended, was adopted. The 7th section was read, and, on motion by Mr. O'Bryan, amended by striking out the word " declared," in the 8th line, and inserting the word "deemed," and the section, thus amended, was, on motion by Mr. Moore, adopted. The Sth section was then read, when Mr. Elgee ofi'ered the following as a substitute : That there shall be a Department of Public Lands, the office whereof shall be fixed at the seat of Government for this State, and there shall be an officer appointed to preside over the same, whose title shall be the Commissioner of Public Lands. Resolved, That the Commissioner of Public Lands be appointed by the Governor, with the advice and consent of the Senate ; his office shall contiiuie for four years, unless saoner re- moved ; he shall receive a fixed annual salary of four thousand dollars, and shall not be enti- tled to any fees. Resolved, That the duties and powers of said Commissioner of Public Lands shall be the same as those of the Commissioner of Public Lands of the late Government of the United States, until otherwise modified by this Con- vention, or by the Legislature of the State. Mr. Dupre moved to lay the substitute offered by Mr. Elgee on the table. Mr. Elgee demanded the yeas and nays thereon. Yeas : Messrs. Bermudez, Bonford, Bonner, Butler, Cook. Connelly, Davidson of Livingston, DeBlanc, Dorsey, Dupre, Fuselier, Fuqua, Gar- dere, Girard, Hernandez, Herron, HoUings- worth, Legroue, JlcCoUom, Meredith, Michel, xMoore, Olivier, Patterson, Peck, Pemberton, Richardson, Roman, Scott of East Feliciana, Smith, Svvayze, Taylor of St. Landry, Todd, Williams of St. Helena and Wiltz— 35. Nays : Messrs. Burrow, Bienvenu. Briscoo, Conner of Concordia, Cottman. Duffel, Elgee, I'jstlin, Gladden, Gray, Hodge, Kennedy, Laba- tut, Lawrence, LeBourgeois, Lewis of Orleans, Manning, Marrero, Marks of Orleans, Martin of Assumption, Martin of Carroll, Magee, Mc- Closkey, McFarland, McNeely, Melancon, Miles, Miller, Norton, O'Bryan, Perkins of Orleans, Pierson of Natchitoches, Provosty, Rozier, Scmmes, Slawson, Smart, Stewart, .Stocker, OF THE STATE OP LOUISIANA. 5S Talbot, Texada, Towles. Tucker, Valentine, Walker, Wilkinson and York — 47. Yeas, 35 ; nays, 47. Consequently the said motion to lay on the table was lost. Mr. Martin, of Assumption, moved to lay the ordinance reported by the Committee on Public Lands on the tabic subject to call, which was carried, Mr. Lawrence, having obtained leave, and the rules being suspended, offered the follow- ing resolution, which was adopted : Resolved, That the hour of adjournment fixed in the resolution heretofore adopted by this Convention at 2 o'clock be rescinded, and the hour for adjournment be fixed at 3 o'clock. The President having stated that he had re- ceived some information that he was desirous of communicating to the Convention, Mr. Martin, of Assumption, moved that the hall be cleared, and that the Convention go into secret session, which was carried and the Convention went into secret session. After an interval of fifteen minutes, the doors of the Convention having been opened, the Convention resumed its open session. Mr. Gardere, on behalf of the Committee on Finance, etc., moved a suspension of the rules, for the purpose of taking up and acting upon the report of that committee which was this day submitted by him, which was granted, and the following resolutions, reported by him as chairman, were then taken up and acted upon separately, and item by item. Resolved. That the salaries and emoluments of the several officers of this Convention be and the same are hereby fixed as follows, viz : Secretary, for services rendered and to be rendered as Secretary of this Convention, $2000, one-half of said sum payable in advance. Assistant Secretary, for services rendered and to be rendered, one thousand dollars, one-half of which payable in advance. Second Assistant Secretary, eight dollars per day. Sergeant-at-Arms, for services rendered and to be rendered, twelve hundred dollars, one half of said sum payable in advance. Translating Clerks, ten dollars per day each. Warrant Clerk, eight dollars per day. Journal Clerks, Enrolling Clerks, Postmaster, Assistant Sergeant-at-Arms and Door-keeper, five dollars each per day. Pages, two dollars each per day. Re it further Resolved, That the sum of twenty- five dollars be paid to J. Korwin for services Ti'iidered in enrolling on parchment the Ordi- nance of Secession. Mr. Herron moved to amend the said report, by inserting as the salary of the Second Assis- tant Secretary the sura of one thousand dollars, making it the same as that of the Assistant Secretary, instead of eight doUar.s per day ; which was refused. Mr, Herron then moved to amend by insert- ing ten dollars per day as the salary of the Second Assistant Secretary, instead of eight dollars, as reported ; which was adopted. Mr. O'Bryan then moved to amend said re- port by allowing the Pages of the Convention three dollars per dienv instead of two dollars, as reported, which was adopted. Mr. Gardere moved that the report, &» amended, be adopted as a whole. Mr. Richardson demanded the yeas and nays thereon, which resulted as follows, viz : Yeas : Messrs. Avegno, Bermudez, Bienvenu, Bonford.Briscoe, Butler, Caldwell. Cook, Conner of Concordia. Ctttman, Davidson of Livingston, Davidson of Sabine, DeBlanc, Dorsey, Dupre, Elam, Estlin, Fuselier. Fuqua, Gardere, Glad- den, Girard, Hernandez, Herron. Hodges, Hol- lingsworth, Kennedy, Labatut, Lawrence, La- groue, LeBourgeois, Lewis of Orleans, Marrero, Marks of Orleans, Martin of Assumption, Mar- tin of Carroll, McCloskey. McCoUom, Melancon, Miles, Michel, Miller, Moore, Norton, O'Bryan, Olivier, Patterson, Peck, Pemberton, Provosty, Roman, Roselius, Scott of East Eeliciana, Semraes, Slawson, Tappan, Talbot. Taylor of St. Charles, Texada, Tucker, Walker, Wilkin- son, Wiltz and York— 64. Nays : Messrs, Bonner, Burton. Connelly, Gray, Manning, Magee, McFarland, McNeely, Meredith, Perkins of Orleans, Pierson of Nat- chitoches, Richardson, Rozier, Smith, Stewart, Stocker, Swayze, Taylor of St. Landry, Todd and Valentine — 20. Yeas, 64 ; nays, 20. Coiftequently the said import, as amended, was adopted as a whole. The following resolution, heretofore referred to the Committee on Finance, etc., was also re- ported upon favorably by said Committee, and, on motion, adopted : Resolved, That J, H. Peralta, Sergeant-at- Arms of the House of Representatives, and William Fletcher, Door-keeper, be allowed $25 each, and Alexander Taylor, Assistant Ser- geant-at-Arms, be allowed $12 50 for their services in their respective capacities, in the organization ot the Convention. Mr. Todd moved to take up the Ordinance on Public Lands, which was agreed to. Mr. Todd then moved to lay on the table the substitute to the eighth section of said ordi- aance, offered by.Mr. Elgee, and all the remain- ing sections of said ordinance not heretofore acted upon, which was carried. The same delegate then moved to adopt those sections of the ordinance already passed upon, as amended, as a whole. Mr. Herron offered the following as an addi- tional section, which, on motion by Mr. Moore, was laid on the table. Be it further Resolved, That full power is here- by conferred on the Legislature of this Slate, 54 JOURNAL OF THE CONVENTION to alter, amend, or repeal this ordinance, and to pass laws for the sale and administration of tlie public lands, and provide for the appoint- ment of such officers as may be necessary for that purpose. The question recurring upon the adoption of said ordinance as a whole, it was carried, and is as follows, viz : ORDINANCE relative to the unappropriated public domain in the State of Louisiana. Be. it ordained by the people of Louisiana, in Con- vention assembled : 1 . That all the unappropriated public domain within the limits of tlie State ot Louisiana is of right the property of said State ; and that the title, control and jurisdiction of tiie same are hereby vested in and assumed by the State, subject to such rights as have been acquired under the laws of the late Government of the United States. 2. Be itfurlher ordained, That all laws and parts of laws of the late Government of the United States, respecting the sales and surveys of the public lands in this State, and all rules and ordinances, concerning the administration of the same which were in force on the 26th of January. A. D., 1861, and whicli are not incon- sistent with the ordinances passed by this Con- vention, shall continue lo bo in full force within this State. ;>. Be it further ordained, That until otherwise provided, all of the powers, dutici, rights and emoluments which, by the existing laws of the late Government of the United States are held, possessed or enjoyed by the Surveyor-General of the State of Louisiana, and the Registers and Receivers, and which are not incousistebt with the laws of the State, or of the ordinances passed by this Convention, shall continue to be held, possessed, enjoyed and exercised by the said Surveyor-General and the said Registers and Receivers. 4. Be it further ordained, That the Surveyor- General and Registers and Receivers of the Land OfSces aforesaid, shall be continued in their respective offices ; Provided, they forth- with take the oath of office of this State, and execute new official l)onds in favor of this State, to be approved of by the Governor, and those remaining in office (together with (heir sure- ties) shall be held harmless against ali damages which might be claimed of them by (he United States, by reason of their compliaiice with the requirements of this ordinance. 5. Be it further ordained. That in case the Surveyor-General and the Registers and Re- ceivers of the several Land Ottices at New Or- leans, Opelousas, Natchitoches, Monroe and Greensburg in this State, shall refuse to take the oath referred to in the previous section, then the Governor of the State, or some person authorized by him, shall immediately take pos- session of all the public monies in their hands, and all the books, records, papers and archives of, and belonging to their respective offices. 6. Be it further ordained, That all monies now in their hands, and those arising from the sales of the public lands, shall be paid over by the Receivers of the said several Land Offices to the Treasurer of the State, at such time and in such form as the officers pursued in paying over such public monies to the late Government of tlie United States, and all reports required to be rendered and made to the said Government at Washington by the officers herein named, shall be rendered and made to the Surveyor-General of Public Lands for the District of Loui.slana. Frovided, however, that any warrants which msy have been drawn on the said Receivers a.s dis- bursing officers of the late Government of the United States, prior to the 26th of January, A. D. 1861, shall, and may be paid at once by the Receivers ; provided, that liefore the said pay- ment is made, the said warrants shall be ap- proved by the Governor or the Surveyor-Gen- eral of the State. 7. Be it further ordained, That the Governor of this State shall have authority to remove any of the land officers aforesaid, whenever he may consider said removal conducive to the public interests, and he shall have authority to hll all vacancies, by and with the advice and consent of the Senate, and in cise any of said officers should fail or refuse to take the oath re- quired, the office shall be deemed vacant, and the Governor shall fill the vacancy as provided for above. Mr. Martin, of Assumption, then movtd lo take up the resolution heretofore oft'ered by Mr. Walker, to rescind the resolution for this day's adjournment already adopted, and asked for a sui^pension of the rules. Mr. Davidson, of Sabine, demanded tlife yeas and nays thereon, which resulted as follows : Yeas : Messrs. Avegno, Bermudcz, Bienvenu, Bonford, Bonner, Briscoe, Conner of Concordia, Davidson of Livingston, DeBlaac, Estlin, Fuqua, Gladden, Kennedy, Lagroue, Lewis of Orleans, Manning, Marrero, Marks of Orleans, Martin of Assumption, McCloskey, McFarland, Melancon, Miller, Moore, Norton, Olivier, Perkins of Or- leans, Provosty, Rozier, Smith, Semmes, Stoc- ker. Tappan, Talbot. Taylor of St. Charles, Todd, Walker and York— 36. Nays : Messrs. Burton, Butler. Caldwell, Cook, Connelly, Cottman, Davidson, Dorsey, Dupre, Fuselier, Gardere, Girard, Graves, Gray, Ilerron. Hodges, Ilollingsworth Labatut, Law- rence, LeBourgeois, Martin of Carroll, Magee, McCoUom, McNeely, Michel, O'Bryan, Patter- son, Peck, Pemberton, Richardson, Roman, Scott of East Feliciana, Slawsou, Stewart, Swayze, Taylor of St. Landry, Texada, Valen- tine, AVilliams of St. Helena^ and Wiltz— 40. Y^'eas, 36 ; nays, 40. Consequently the said motion to suspend the rules was lost. Mr. DeBlanc, on behalf of the Committee on Enrollment, reported as duly enrolled the fol- lowing ordinances and resolutions : OP THE STATE OF LOUISIANA. 55 1. An ordinanee to provide for the appolut- ment of Delegates to a Convention to form a Southern Confederacy. 2. Au ordinance to amend the Constitution of the State of Louisiana. 3. An ordinance for the establishment of a regular military force for the State of Lou- isiana. 4. Resolution to authorize the Governor of the State of Louisiana to accept a satisfactory bond for 8100,000, from A. J. Guirot. for the faithful performance of his duties as Assistant Treasurer of the Mint. 5. An ordinance relative to the publication of the ordinances and journal of the Con- vention. 6. An ordinance relative to Federal laws and oflScers in the State of Loussiana at the time of the passage of the Ordinance of Se- cession. 7. An ordinance relative to the revenue col- lected at the port of New Orleans. 8. An ordinance concerning the Circuit and District Courts established in the State of Lou- isiana by the late Government of the United States. 9. Au onlinance concerning citizenship. Tlie hour hnving arrived which, under the resolution heretofore adopted, was fixed for the adjournment of the Convention, the President declared the Convention adjourned until the 4th of March next. J. T. WHEAT, Secretary. JOURNAL OF STATE CONVENTION. SECRET SESSIONS. SECEET SESSIONS. TuESPAr, January, 29, 18G1. After clearance of lobbies aud galleries, the Convention went into secret session. The President appointed the following named Delegates on a special committee appointed to receive and confer with Commissioners from other States, viz : Messrs. Jloorc, Conner, of Concordia and Roma:i. Mr. Herron moved that the ordinance re- ported by the committee on Commerce, Revenue and Navigation be postponed until Wednesday, and bo made the special order of that day at 12 o'clock M., and that it be printed ; which motion was lost. On motion of Mr. Elgee, the ordinance re- ported by Mr. Semmos, as chairman of the Com- mittee on Commerce, etc., was taken up section by section. Section 1. Be il ordained. That all Federal of- ficers in the civil service of the United States, and laws of the United States relating to said Federal officers and their duties and compensa- tion within the State of Louisiana, in office and in force at the time of the i)aMage of the Ordi- nance of Secession and not incompatible there- with, are hereby adopted and continued in office and in force as ofliccrs and lavFS of this State. Which section, after several amendments, proposed and rejected, was adopted. The second section was next taken up which reads as follows, and without dissent adopted. Be it further ordained, That the revenue col- lection and navigation laws of the United States, so far as they may be applicable, be, and they are hereby adopted as laws of this State, saving that no duties shall be collected on im- ports from the States forming the late Federal Union, known as the United Slates of America, or the territories thereof, nor uj)on the tonnage of vessels owned in whole or in part by the cit- izens of said States and Territories. The third section was then taken up, which reads as follows, viz : Be U further ordained. That the President of Ihis Convention is hereby authorized to require of all Federal officers aforesaid in the parish of Orleans, the immediate recognition by them of the sole and exclusive authority of the State of Louisiana, and to administer to them the oath of office, and in case of refusal to demand and take possession of all the property, money and effects, papers and documents held by them in their ofiBcial capacity, and the like authority is hereby conferred on the Governor as to all Fed- eral officers aforesaid in the State, and the offi- ces of such persons as refuse to hold the pro- perty, money and effects in their custody subject to the disposal of the State, and to take the oath of office, are hereby declared vacant. Mr. Bush moved the following amendment to the foregoing section, viz : That the President of this Convention is hereby authorized to designate all officers ne- ce.'^sary to carry out the provisions of this ordi- nance. And demanded the yeas and naya thereon, which resulted as follows, viz : Yeas : Messrs. Bush, Cottman, Hernandez. Herron, Melancon. Meredith, Provosty — 7. Nays were: Messrs. Adams, Anderson.Avegno, Barbin, Barrow, Bermudez, Bienvenu. Bonford, Briscoe, Burton, Butler, Caldwell, Carr, Clark, Cook, Connelly, Conner, of Concordia, Connor, of St. Tammany, Davidson of Livingston, Davidson, of Sabine, Declouet. DeBlanc. Duffel, Dupre, Elara, Elgee, Estlin, Fuselier, Fnqua, Gardere. Gaudet, Gill, Girard, Graves, Gray, Griffin, Hough, Hodge, Hodges, Hollingsworth,. Johnston. Kennedy, Labatut, Lawrence,LegTOue LeBourgeois, Lewis, of Bienville, Lewis, of Claiborne, Lewis of Orleans, Manning, Marshall, JIarks of Caddo, Marks of Orleans, Martin of Assumption, Martin of Carroll, Magee, Mc- Closkey, McCollom, McFarland, Miles, Michel, Miller, Moore, Norton, O'Bryan, Olivier, Per- kins of Concordia, Pemberton, Pierson of Winn, Pierson of Natchitoches, Pike, Polk, Pope, Pugh , Richardson, Roman, Roselius, Rozier, Scott of Claiborne, Scott of East Feliciana, Semmes, Slawson, Smith, Smart, Sompayrac, Sparrow, Stewart. Tappan, Talbot, Taliaferro. Taylor of St. Charles, Taylor of St. Landry, Texada, Todd, Towles, Tucker, Valentine, Warren, Walker, Williams, Williamson, Wiltz and York — 103. Yeas, 7 ; nays, 103. Therefore Mr. Bush's amendment was lost ; and the said section was adopted without amendment. The fourth section, which is as follows, was on motion by Mr. Semmes. adopted. 4. Be it further ordained, That the State of Louisiana doth hereby guarantee and ideranify all Federal officers aforesaid within this State, who comply with the ordinances of this Con- vention against all claims and demands of the United States arising out of such compliance : The fifth section which reads as follows, being next in order, was then taken up. Be it further ordained, That in case any Fed- eral office hereby adopted as a State office be now or shall become vacant, the Governor be GO JOURNAL OF THE CONVENTION and be is hereby autliorized to fill the same in the same manner as the Pref^ident of the United States, or the head of any department of the United States Government might have done prior to the passage of the Ordinance of Seces- sion, and that the Governor shall have authority to remove any officer now holding a Federal office in this State, if he shall consider the said removal conducive to the public interest. To this section, Mr. Elgec proposed the fol- lowing amendment ; That the Governor shall have authority to remove any officer now holding a Federal office in this State, if he shall consider the said re- moval conductive to the public good. Mr. Semmes having accepted the said amend- iueut, the fifth section, as amended, was adopted. Then on motion of Mr. Semmes, the ordinance as amended, was adopted as a whole. Mr. Semmes, as chairman of the Committee on Commerce, etc., submitted the following resolution, which was adopted : Resolved, That the President of the Convention do appoint a committee to consist of five mem- bers, who shall take an inventory of all pro- perty, money and eti'ects delivered into the pos- session and control of the State by Federal officers in the parish of Orleans. Mr. Walker then moved to take up the report of the Committee on Postal Aftairs. "When Mr. Elam moved that the doors of the Convention be opened, which was carried, and on motion, the Convention then adjourned to meet again at 6 o'clock, 1*. M. EVEXIXG SECRET SESSIOX. The Convention assembled at G o'clock this evening. Present. Hon. A. Moutoa, in the chair, and ninety-eight Delegates. Mr. Semmes moved to close the doors of the Convention, for the purpose of going into secret session, which was carried. Mr. Semmes then presented the following or- dinance, reported by him as chairman of the Committee of Commerce, etc., which was taken up section by section : AN ORDINANCE relative to the llevenues collected at the Port of New Orleans : Be it ordained hy the peojjle of Louisiana in Con- vention assembled, That the revenues collected and to be collected at the port of New Orleans are held in trust to the State of Louisiana, and shall 1)6 kept separate and apart from all other funds. Be itfurtlier ordained^ That the Governor, and he alone, is hereby authorized to draw his war- rant on the depositary of said funds to pay such expenses of the service, as well as the expenses of the mint in New Orleans, upon the estimates of the proper officers, as have been heretofore authorized by the laws and regulations of the United States. Be it further ordained. That all accounts coh- nected with said service as well as said mint, as heretofore rendered to the Federal authorities, be rendered to, and adjusted by the Governor, who is hereby authorized and required to take proper bond*, with sureties of said ofllcers for the proper discharge of their duties. The first section being read, was, on motion by Mr. Semmes, adopted. Mr. Hodge moved that the ordinance be laid on the table subject to call ; which was re- fused. The second and third sections being then read, were, on motion by Mr. Semmes. adopted. Mr. Williamson moved the following addi- tional section be adopted as an amendment to the said ordinance ; which was adopted : Be it further ordained. That all accounts here- tofore rendered by the Federal officers in this State to the Federal authority, be hereafter rendered in the manner prescribed by the laws and regulations of the United States to the Gov- ernor of the State. Mr. Olivier then presented the following or- dinance, reported by him as chairman of the Committee on State Constitution and the Pro. tectiou of Private Rights ; which was adopted ; The Committee on State Constitution and Protection of Private Rights beg leave to report the following ordinance : AN ORDINANCE to alter the Constitution of the State of Louisiana in preference to the oath of office. We, the people of the State of Louisiana, in Con- vention assembled, do declare and ordain, and it is hereby declared and ordained, That the nineteenth article of the Constitution of the State of Louis- iana be and it is hereby altered so as to read a.s follows, to-wit : '• Members of the General Assembly, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation : " I do solemnly swear for affirm] ibat I will be faithful, and true allegiance bear to the State of Louisiana, so long as I may continue a citi- zen thereof, and that I am duly qualif ed. ac- cording to the Constitutiou of this State to hold the office to which I have been appointed, [or elected] and that I will, to the best of my ability, disi'liarjie the tJuties thereof, and pre- serve, pioteot and defend the Constitution of this State. So help me God.'' Mr. Elam moved to take up the report of the Committee on the formation of a Southern Con- federacy, which motion was carried. Whereupon Mr. Lawrence moved that he doors of the Convention be opened, which mo- tion was carried. J. T. WHEAT, Secretary. OP THE STATE OP LOUISIANA. 61 Friday, February 1, 1861. la accordance with the order for that pur- pose, the lobbies and galleries were cleared, and the Convention went into secret session, The journal of the secret session of the 29th of January was read, and approved. The President then submitted the following report of his action under authority of the or- dinance in relation to Federal officers, adopted January 29, 1861. "In compliance with the proTisions of the third section of the ordinance adopted on the 29th instant, authorizing the President of the Convention to require of all Federal officers aforesaid, in the parish of Orleans, the imme- diate recognition by them of the sole and ex- clusive authority of the State of Louisiana, and to administer to them the oath of office ; and, in case of refusal, to demand and take possession of all the property, money and ef- fects , papers and documents held by them in their official capacity." Report— - " I hare called on the officers of the Mint, and of the Custom-house in this city, and after having communicated to them the purpose of my visit, they at once expressed their willing- ness to acknowledge and bear allegiance to the State of Louisiana ; and I further inform the Convention that said ufficers appeared this day before me, and were sworn, and their oaths en- tered in a book for preservation in the State Department.'' Mr. Walker, having asked and obtained leave, withdrew the ordinance heretofore reported by him, as chairman of the Committee un Postal Affairs. Mr. Elgee submitted the following resolution, which, on motion, was adopted : Hesolved, That the injunction of secrecy be removed from the publication of the prooeed- ings of the Convention of the 29th ultimo. mMr. llerroa submitted the following reso- lution : Resolved, That the Committee on Commerce. Revenue and Navigation be instructed to pre- pare an ordinance providing for the payment of such outstanding warrants on tne Assistant Treasurer, in New Orleans, as should be paid out of special funds deposited in tne Treasury in New Orleans. Mr. Norton then offered the following reso- lution as a substitute for Mr. Herron's reso- lution. Resolved, That the whole fund in the Mint and the Treasury, in this city, except the bullion fund, shall be held subject to the draft of those who were authorized by the Government of the United States, to draw upon said funds. On motion by Mr. Pugh, Mr. Norton's sub- stitute was laid on the table. The question recurring on Mr. Herron's reso- lution, Mr. Pugh moved its adoption. Mr. Swayze moved to amend it by inserting the words " if any ■' alter the words " outstand- ing warrants," which was carried. Mr. Valentine moved that the resolution thus amended be laid on the table, which was re- fused. After which the question recurring upon Mr. Herron's resolution, as amended by Mr. Pugh, it was.jon motion, adopted. Mr. Kidd then moved that the doors of the Convention be opened, which was carried. J. T. WHEAT, Secretary. Saturday, February 2. 1S61. In accordance with the order given for that purpose, the lobbies and galleries were cleared and the Couvention went into secret session. Hon. A. Mouton. President, in the chair. Mr. Bienvenu moved the doors of the Con- vention be opened, which was refused. Mr. Elgee offered the following ordinance : ir«, the people of Louisiana, in Couvention as- sembled, do ordain and establish, that all offi- cers of this State be forthwith required to take the oath of allegiance, and to transmit the same to the Governor of the State, whose duty it shall be to caui-e the same to be tiled, and duly recorded in the office of the Secretary of the State. H'« do further ordain and estnblUh, That should any officer of this State neglect or refuse to take the oath of allegiance, and to tran.«mit the evidence of the same, as required by the pre- ceding article, within thirty days from the pro- mulgation of this ordinance, his office ^hall l»e declared vacant. We do further ordain and establish, That in the event of such vacancies, by failure or refusal so to take the oath of allegiance as aforesaid, the Governor of this State Fhall have authority vo fill such vacancy, upon nomination to the Senate, and with their advice and consent. Mr. Girard then submitted the following amendment to the foregoing ordinance : We do further ordain and establiih, that the Governor be requested to transmit new com- missions to each of the officers who will hav« taken the oath of office required by this or- dinance. Mr. Elgee having accepted the amendment, it became a part of the ordinance submitted by him. And Mr. Semmos moved to refer the said or- dinance, as amended, to the Committee on Judi- ciary and Federal Jurisdiction and Property in Louisiana, with instructions to report in open session, which was carried. Mr. Provosty submitted the following reso- lution, viz : Resolved, That the Committee on Finance be instructed to report to this Convention, in se- cret session, a clear and comprehensive state- ment of the present condition of the Treasury of Louisiana, and of the pecuniary resources at her disposal, or within her reach, to repel in- vasion by any foreign power, or meet any other great event or danger. Mr. Stocker proposed to amend the said reso- lution by striking out the words '• secret ses- sion,'- in the third line, which amendment, being accepted, the resolution as amended was, on motion of Mr. Provosty, adopted. ^2 JOURNAL OF THE CONVENTION Jlr. Semmes submitted the following ordi- nance, reported by him as chairman of the Committee on Commerce, Revenue and Navi- gation : AN ORDINANCE authorizing the payment of certain drafts drawn on the late Ssb-Treasury of the United States at New Orleans. AVhcreas, the State of Louisiana, has taken under its control the funds deposited in the late Sub-Treasury of the United Stales at New Or- leans, out consider it just that certain drafts drawn against the same should be paid, therefore, Be it ordained by the People of tJis State of Lou- isiana, in Convention assembled, That the State depositary of said funds be, and he is liereViy aulliorized to pa^^ all drafts drawn iu the legiti- mate course of disbursement, by the disbursing ollficers of the United States, on the funds here- tofore deposited iu tlie Sub-Treasury of the United States at New Orleans, to the credit of Buch o.Ticera respectively : Provided that no draft shall be paid except out of the balance standing to the credit of the officer drawing the same ; and, provided further, that the aggre- gate amount of drafts hereby authorized to be paid shall not exceed the sum of three hundred and six thousand, five hundred and ninety-two dollars and eighty cents (306.592 80.) Be it further ordained, That the State deposi- tary aforesaid be, and he is hereby authorized to pay all outstanding drafts dravrn by the United States, prior to the passage of the Ordi- nance of Secession, against the funds hereto- fore deposited in the Sub-Treasury of the Uni- ted States at New Orleans, to the credit of the public revenue of the United States : Provided, That the aggregate amount of said drafts shall not exceed tlie sum of one hundred and forty- eix thousand, two hundred and twenty-six dol- lars and seventy-four cents, (146,22(5 74) but no transfer draft or drafts on the bullion fund shall be recognized or paid. Be it further ordained, That the sum of thirty- one thousand one hundred and sixty-four dol- lars and forty-four cent3,( $31,104 44) standing to the credit of the Post-Office Department, on the boolis of the late Sub-Treasury of the Uni- ted States at New Orleans, is hereby held sub- ject to draft of the United States, in payment of postal services until otherwise ordered by this Convention, or the G 'neral Assembly of the State. On motion, tlic said onlinanco was then con- Bidered section by section. First S!!ction being read, Mr. BiTmudez sub- mitted ihe following resolution as a substitute for said first section : Resolved, Thiu such funds and effects as are placed to the credit of Federal officers iu the Mint, in this city, be placed to the credit of the State of Louisiana, the same to be distributed, or disposed of, in such manner and at such time, as the assembled Convention may determine upon the report of the Investigating Com- mittee on Claims that may be presented prior to the final adjournment of that body. That a committee of be appointed to investigate and examine into all such claims and report upon each and all, the same append- ing evidence in support of claims allowed. Mr. Semmes moved to lay the foregoing sub- stitute on the table, and Mr. Miles demanded the yeas and nays, the result of which was as fol- lows, viz : Yeas : Messrs. Adams, Anderson, Avegno, Earbin, Barrow, Bienvenu, Briscoe, Butler, Cald- well, Carr, Conner of Concordia, Davidson of Livingston, Davidson of Sabine, DeBlanc, Dor- sey, Dufiel, Elgee, Estlin, Fuselier, Gardere, Gaudet, Gladden, Gill, Graves, Gray, Griffin, Hodges, HoUingsworth, Kidd, LeBourgeois, Lewis of Bienville, Manning, Marrero, Marks of Caddo, Marks of Orleans, Martin of Assump- tion, McCloskey, SIcNeely, Melancon, Miller, Moore, Norton, Olivier, Patterson, Perkins of Orleaas, Pemberton. Pierson, of Natchitoches, Polk, Pi'ovosty, Pugh, Richardson, Roman, Rozicr, Scott of Feliciana, Semmes, Slawsou, Smith, Smart, Sompayrac, Stewart, Stocker, Taylor of St. Charles, Texada, Thomasson, Todd, Towles, Warren, Walker, Williams of East Baton Rouge, and Wilkinson — 69. The nays were : Messrs. Bermudez, Bonner, Cannon, Connelly, Conner, of St. Tammany, Elam, Girard. Hernandez, Johnston, Kennedy, Labatut, Lagroue, Lewis of Claiborne, Lewis of Orleans, Martin of Carroll, McCollom, Mc- Farland, Meredith, Miles, O'Bryan, Peck, Pier- son, of V/inn, Swayze, Talbot, Tappan, Talia- ferro, Taylor of St. Landry, Valentine, Wiltz and York— 30. RECAPITDLATIOX. Yeas 69 Nays 30 Entire vote 99 Mr. Thomasson then offered the following substitute to the first section of said ordinance : That all drafts drawn by officers of the United States on funds placed to their credit in the Sub- Treasury of the United States at New Orleans, prior to the passage of the Ordinance of Seces- sion,' shall be paid out of such fund ; but no draft drawn on such fund, except the Post-office funds, after the passage of said ordinance, shall be paid, unless accompanied by evidences satis- factory to the Governor of the State, that the same were drawn in payment of obligations previously entered into by such officers, and, in such casi!, the Governor is hereby authorized to direct that the same shall be paid. Mr. Estlin then moved the previous question, which was carried, and the question occuring, upon Mr. Thomasson's substitute, it was lost. Mr. DeBlanc moved that the first section of the ordinxnce be adopted, when Mr. Norton de- manded the yeas and nays, which resulted as follows, viz : The yeas were : Messrs. Adams, Anderson, Barbin, Barrow, Bienvenu, Bonner, Briscoe, Butler, Carr, Conner of Concordia, Davidson, of Livingston, Dorsey, Duffel, Elgee, Estlin, Fuse- lier, Gardere, Gaudet, Gladden, Gill, Graves, Gray, Griffin, Ilerron, Ilodge, Hodges, HoUins- OP THE STATE OP LOUISIANA. 68 worth, Kennedy, Kidd, Labatut, Lagroue. Le- Bourgeois. Lewia of Bienville, Marrero, Marks of Orleans, Marks of Caddo, Martin of Assumption, McClosky, McCollom, McNeely. Melangon, Mil- ler, Moore, Norton, O'Bryan, Olivier. Patterson, Perkins of Orleans, Pierson of Natchitoches, Polk, Pope, Provosty, Pugh, Richardson, Ro- man, Rozier, Scott of East Feliciana, Semmes, Slawson, Smith, Smart, Sompayrac, Stewart, Stocker, Taylor of St. Charles. Texada, Thomas- son, Todd, Towles, Walker, Warren, Williams of East Baton Rouge, Wilkinson, Wiltz — 71. The nays were : Messrs. Bermudez, Bonner, Burton, Caldwell, Cannon, Connelly, Elam, Girard, Johnston, Lewis, of Claiborne, Lewis, of Orleans, Martin, of Carroll. McFarland, Meredith, Miles, Peck, Pearson of Winn, Swayze, Tappan, Taliaferro, Valentine, York — 22. Yeas, 74 ; nays. 22. Consequently the first section of the said or- dinance was adopted. The second section being read was. on mo- tion, adopted. The third Bectiou being read was ou motion, adopted. Mr. Semmes then eubmitted the following amendment, and moved that it bo added to and made the fourth section of said ordinance which was adopted : Sec. 4. Be it further ordained. That no draft whatever shall be paid by the said depositary of said funds, until he shall have given bond, with surety to the Governor of this State, as provided for in the ordinance heretofore passed on the 29th January, in the year 1861. On motion by Mr. Semmes, the ordinance, as amended, was adopted as a whole. Mr. Marks, of Orlcan<=, moved to reconsider the vote just taken on the ordinance reported by Mr. Semmes, chairman of the Committee co- Commerce. Which, on motion by Mr. Semmes, was laid on the table. Mr. Semmes then moved that the injunction of secrecy be removed from the proceedings of to- day, which was carried. Mr. Miles moved that the doors of the Conven- tion be opened, which was carried, and the Coa- ventioQ resumed its open session. J. T. WHEAT, Secretary. • V J"