Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. I, Part 54

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1030

USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. I > Part 54

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

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Leas, T. W. Stringer, A. Johnson. Washington-John Fawn, Doctor Stites, William T. Combash. Wayne-William Yeoman. Wilkinson-William H. Gibbs, Charles W. Fitzhugh. Winston- Jared Richardson. Yalobusha-Robert J. Alcorn, W. J. Lilley. Yazoo-Charles W. Clarke, William Leonard, A. T. Morgan.

According to Garner ("Reconstruction in Miss.," 187) 29 were native white Republicans, twenty-odd were white immigrant Re- publicans, most of whom had been soldiers in the Union army, 17 were negro Republicans, 19 were Conservatives. The convention was the first in Mississippi in which the negro was represented by members of his own race. J. L. Power noted 15 prominent "old citizen delegates," and said "there were 67 unadulterated Repub- licans, 2 Democrats." Others described their politics by various titles equivalent to conservative or Whig. "Sixty-seven were na- tives of Southern States, including the 16 colored delegates, 24 of Northern States, 5 of foreign countries, not known 4." The nativ- ity probably did not differ greatly from that of previous conven- tions, but the essential fact was that nearly all of those born in Northern States were recent immigrants. Some of the delegates, notably Judge Peyton, W. T. Stricklin, and J. W. C. Watson, had been members of the convention of 1865. The convention was called to order by Mr. Hauser, January 7, and Alston Mygatt, of Warren, was chosen president pro tem. A committee reported all present except Niles, Moody, Barnes, Dowd, Fawn, Niles and VanHook, and Benjamin H. Orr was seated from Harrison. For president of the convention Gen. B. B. Eggleston was elected, re- ceiving 53 votes to 33 for J. W. C. Watson.

On the fourth day twelve standing committees to frame the con- stitution were provided for. (Journal, p. 12.) These committees were named on the seventh day, and thereafter proposed sections of the constitution were frequently referred to these committees. The bill of rights was reported from committee on the 14th day. Much time was wasted in general discussion, often arousing politi- cal passion.

One of the preliminary motions (by Colonel Barry) was to ap- point a committee of seven to memorialize congress to authorize the convention to declare vacant all civil offices in the State, and appoint to fill the vacancies, which was carried, 59 to 29.

The nays, indicating the conservative element of the conven- tion, were Alcorn, Conley, Compton, Dalton, Dowd, Gaither, Goss, Howe, Hemingway, Jamison, Johnston, S., Kerr, Lawson, Long- mire, Lack, Montgomery, Merryman, McKnight, Mccutcheon,

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Nelms, Neilson, Nesbitt, Phillips, Stricklin, Stovall, Townsend, Vaughan, Watson, Walker. A few more could be depended upon for moderate opposition to the majority. About 15 of the minor- ity were active in arousing discussion, as by a resolution to thank the Republican party for a handbook from which it appeared that in all but six States the constitutions limited suffrage to white citizens, and in three of the six there were educational and prop- erty qualifications. A committee was appointed to investigate the grounds for Governor Humphreys' proclamation on the subject of an insurrection ; another to discover what had become of the state revenues of 1866-67. A sort of purging committee investigating the records of the members on the subject of reconstruction.

The committee on pay of members recommended $20 a day for the president, $10 for members, etc. (Journal, p. 34.) The minor- ity report, by Mr. Compton, was that "this assembly was uncon- stitutionally convened and is not competent to make amendments to the constitution of the State," and was entitled to no compensa- tion. The convention, after a heated discussion, rejected more drastic propositions and voted 49 to 33 that Mr. Compton had "violated the spirit and obligation of the registry oath which he claims to have taken." Next day, the 8th, day after day being taken up in this sparring, a resolution was offered declaring that "all legislative acts passed according to constitutional forms, are binding" until made void by judicial decision or repealed. Four- teen voted against this-Compton, Dalton, Gaither, Gray, Heming- way, Johnson of Carroll, Merryman, Morgan, Mccutcheon, Nelms, Nesbitt, Phillips, Townsend and Watson. Dr. Compton, who was one of the leaders of the minority, referred to a colored delegate as "the saddle-colored individual from Hinds." (J. L. Power.) The Barry proposition resulted in a memorial to congress, in which the Compton incident was used as an illustration of "rebel sentiment."

A motion by Mr. Leas to make the pay $5 a day after 20 days was rejected. The report was referred back, but seems to have been adopted. The compensation was but little higher than that fixed by the Democratic legislature in 1865. The pay was in war- rants worth 65 to 70 cents on the dollar. (Garner's Reconstruc- tion, 189.) There was a slump in value of the warrants after the tax on railroads was overruled by the general commanding, and a resolution to add 20 per cent. to the pay was lost by vote of 21 to 20, about the last day of the session.

The convention was unable to obtain any stationery from the

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secretary of state, and the gas company asked for a deposit or per- sonal security for the gas to be consumed. Stationery was pur- chased in New Orleans for $1,500 and afterward several hundred dollars worth in Jackson at the prices then ruling. Envelopes were $20 a thousand. The gas was cut off and a committee was appointed to investigate the validity of the charter of the gas com- pany, whereupon the service was promptly resumed, at a charge of $8 per 1,000 feet.

It was provided by the reconstruction acts that the constitution should levy a tax to meet the expenses of the convention. The previous reconstruction convention, in 1865, had solved the prob- lem by levying a tax of $2 per bale on all cotton in the State. (J. L. Power, Miss. Hist. Publ. III, 75.) By this convention an elab- orate plan of taxation was adopted, with a treasurer and an audi- tor of the convention and special collectors in each county. For some time members actually received nothing but warrants, as in former periods of the State history. After the tax ordinance was adopted a committee of tax payers protested to Gen. Gillem, who referred them to Judge Hill, of the United States court, who in turn disclaimed jurisdiction. A circuit judge granted an injunc- tion, whereupon the convention appealed to Gen. Gillem, who re- plied that the tax levy was in part unauthorized by the reconstruc- tion act, as it taxed personal privileges and franchises as well as property. He also deprecated the establishment of an independent financial system by the convention. He sustained only the levy of one-third of the State tax on real and personal property, and advised the use of the regular State machinery for collection. Thereupon a new revenue measure was adopted, levying a gen- eral tax, one half of the regular State tax of the previous year, also a personal property tax and 50 cents on each bale of cotton. Gen. Gillem ordered the sheriffs to collect this tax; but upon protest of the railroads that they were exempt until 1874, by law of 1854, he declined to enforce the tax against them, though a committee of the convention contended it had supreme powers. A member of the convention declared that this action of the general was "con- trary to the rights of the citizens of a State to change, alter and amend their laws at will."

One of the most frequent propositions offered was some scheme for wiping out or postponing the payment of debts incurred be- fore 1865. The same propositions for relief of the people gener- ally from indebtedness had occupied the attention of Governor Humphreys, his legislatures and the district commander. (See

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Humphreys' Adm.) One of the first resolutions offered was by Mr. Alcorn, asking the general commanding to suspend the col- lection of debts until the meeting of the legislature. The relief committee reported in March that an ordinance be adopted per- mitting the discharge of all debts incurred prior to May 1, 1865, by the payment of one-fourth the amount thereof. The conditions were such that Gov. Humphreys had discussed in a message the cancellation of debts and division of property to start anew.

There was another committee on destitution, which reported 30,000 people actually suffering. This was referred to Gen. Gil- lem, who replied that he believed this estimate exaggerated, that the Freedmen's Bureau had charge of the matter, and he was in- formed that the demand for labor exceeded the supply. Hence he declined to authorize the county sheriffs to use the poll tax re- ceipts for the relief of the indigent, as proposed by the convention. The franchise article required a registration law and an oath by voters that they were not disfranchised by the reconstruction acts, also, "that I admit the political and civil equality of all men." No person was eligible to office who had voted for the convention of 1861, or signed the ordinance of secession, or had given vol- untary aid, etc., to persons in arms against the United States, or held any office under any authority inimical to the United States, excepting those who had supported the convention of 1868, and continued to support it; provided that nothing except voting for and signing the ordinance of secession should exclude from office a private soldier of the Confederate army. This was adopted after long discussion by a vote of 44 to 25, April 16. In other words the possession of honesty and intelligence were made disqualifica- tions, while dishonesty and ignorance were given a free hand in government. When the constitution was finally adopted, in 1869, these disfranchising and disqualifying provisions were stricken out.

The convention was severely criticised for the extravagance of its expenditures, mainly due to the prolonged session, which made the per diem of members a formidable sum. The total issue of convention warrants was $213,060, of which $164,491 was paid out of the special convention tax, and $41,494 was paid out of general funds of the State treasury. (Journal appendix, 1871, 450.)

Delegate Stricklin resigned March 24th on account, he said, of doubts of constitutionality, expenses of the convention, and "be- cause I am totally disgusted with its nonsense." After the pass- age of the franchise article the following members resigned, April 16th: J. W. C. Watson, W. L. Hemingway, J. M. Phillips, R. H.

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Montgomery, G. E. Longmire, W. W. Gaither, A. Goss, J. H. Mc- Cutcheon, Wm. B. Gray, W. M. Compton, C. H. Townsend, W. D. Nesbitt, and later, W. G. Vaughan and Terry Dalton.

The convention adjourned on its 114th day, May 18, 1868. It was provided by an ordinance made a part of Article 13, of the constitution, that the constitution should be submitted for ratifi- cation to the registered voters of the State, in conformity with the act of Congress, the election to begin June 22, and continue as long as the general commanding should direct; State officials, con- gressmen and representatives in Congress to be chosen at the same time, and a committee of five, which had been appointed to continue in authority, to wind up the financial affairs of the con- vention, and enforce the collection of the special taxes, was em- powered to appoint three commissioners of election for each county to attend the polling places and report to the committee. The convention adjourned subject to the call of the committee, which was empowered to call the convention again if the constitution failed of ratification. This was not done, however. The consti- tution was finally ratified by the popular vote, in 1869, except sec- tions 4 to 15, inclusive, of Article 13, under the head of Ordinance ; also all of the portions of the constitution proper which were sub- mitted to separate vote, except Section 5, Article 12. (See Re- construction and Ames' Prov. Adm.)

Constitutional Convention of 1890. The constitution of 1869, modified by four amendments, was yet in force in 1879, when there was agitation for a constitutional convention to frame a new charter. Objections urged against the existing constitution were, its origin, its unequal provision for representation in the legislature, author- ization of indictments for penal offences in another county than the locality of the act, the appointment instead of election of judges, the system of registration of voters, too frequent elections, need of greater powers of control of corporations, etc.

The popular vote for members of the legislature in November, 1889, showed approval of a convention, and an act of the legisla- ture, providing for the same, was approved by Gov. Stone Feb. 5, 1890. March 11 he issued his proclamation calling an election of delegates July 29, each county and flotorial district to have as many delegates as members in the house of representatives, and the 14 other delegates, provided for in the act, to be elected by the State at large.

According to the act of legislature the delegates elect met at the statehouse, Tuesday, August 12, 1890, and were called to order by

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George M. Govan, secretary of state, and the blessing of God was invoked by Bishop Galloway.

As the roll was made up, the delegates were as follows :

For the State at large: John A. Blair, James B. Boothe, R. G. Hudson, J. H. Jones, Frank Burkitt, J. W. Fewell, T. S. Ford, J. Z. George, Patrick Henry, L. . W. Magruder, Edward Mayes, J. S. McNeilly, Henry L. Muldrow, J. S. Sexton.

Adams county-Will T. Martin, Frank K. Winchester. Alcorn -L. P. Reynolds. Amite-W. F. Love. Attala-F. M. Glass, D. T. Guyton. Benton-Will T. McDonald. Bolivar-G. P. Mel- choir, I. T. Montgomery. Calhoun-C. K. Holland. Carroll- Monroe McClurg, T. W. Sullivan. Chickasaw-D. J. Johnson, W. J. Lacey. Choctaw-L. Hannah. Claiborne-C. K. Regan. Clarke -George L. Donald. Clay-John Henderson, James Kennedy. Coahoma-J. L. Alcorn, J. W. Cutrer. Copiah-A. B. Guynes, W. C. Wilkinson. Covington-N. C. Hathorn. DeSoto-J. W. Odom, Sam Powell. Franklin-J. H. McGehee. Grenada-W. C. McLean. Greene-J. Kittrell. Hancock-W. G. Spence. Har- rison-Elliott Henderson. Hinds-S. S. Calhoon, D. S. Fearing, Wiley P. Harris, T. T. Hart. Holmes-Henry S. Hooker, W. L. Keirn. Issaquena-\V. S. Farish. Itawamba-S. W. Turner. Jackson-W. M. Denny, Jasper-John F. Smith. Jefferson-C. S. Coffey. Jones-A. Arrington. Kemper-T. P. Bell. Lafayette- R. A. Dean, T. D. Isom. Lauderdale-J. A. Bailey, H. M. Street. Lawrence-H. I. Bird. Leake-Irvin Miller. Lee-L. J. Rhodes, John M. Simonton. Leflore-W. H. Morgan. Lincoln-J. B. Chrisman. Lowndes-A. J. Ervin, N. D. Guerry, W. C. Richards. Madison-R. C. Lee, Thomas S. Ward. Marion-A. G. Webb. Marshall-W. S. Featherston, George Finley, J. E. Marett. Mon- roe-F. J. McDonell, J. R. Murff, E. O. Sykes. Montgomery- J. R. Binford. Neshoba-William Bassett. Newton-J. E. Fer- guson. Noxubee-George G. Dillard, J. H. Jamison, Robert C. Patty. Oktibbeha-J. W. Edwards, S. D. Lee. Panola-D. B. Arnold, G. W. Dyer, R. H. Taylor. Pearl River-J. E. Wheat. (Elected but not seated.) Perry-J. P. Carter. Pike-S. E. Pack- wood. Pontotoc-J. D. Fontaine. Prentiss-R. B. Boone. Quit- man-F. M. Hamblett. Rankin-A. J. McLaurin, L. W. Robinson. Scott-J. K. P. Palmer. Sharkey-H. J. McLaurin. Simpson- T. L. Mendenhall. Smith-A. G. McLaurin. Sunflower-John R. Baird. Tallahatchie-W. B. Eskridge. Tate-J. R. Puryear, W. P. Wyatt. Tippah-W. A. Boyd. Tishomingo-R. H. Allen. Tunica-R. F. Abbay. Union-John P. Robinson. Warren-Mayre

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Debney, H. F. Simrall, Murray F. Smith. Washington-R. B. Campbell, A. J. Paxton, W. G. Yerger. Wayne-J. L. Morris. Webster-J. E. Gore. Wilkinson-George T. McGehee, T. V. Noland. Winston-Oliver C. Watson. Yalobusha-George H. Lester. Yazoo-D. R. Barnett, D. Bunch, T. P. Lee. Alcorn and Prentiss-C. B. Martin. Amite and Pike-F. A. McLain. Calhoun and Yalobusha-J. J. Rotenberry. Holmes and Yazoo-J. G. Hamilton. Kemper, Lauderdale and Clark-W. D. Witherspoon. Leake and Newton-J. H. Reagan. Lincoln and Jefferson-R. H. Thompson. Pontotoc and Union-C. O. Potter. Tippah and Ben- ton-Allen Talbot.

The seats for Bolivar county were contested by E. H. Moore and W. L. Pearson, but though they secured a favorable report from the special committee, the convention by a vote of 79 to 27, seated the delegates above named. Judge Simrall was a Republican, and Gov. Alcorn was classed as a Conservative ; the remaining members were all classed as Democrats. There was a question raised imme- diately as to the right of Pearl River county to a delegate, the county having been created (or re-created) by the legislature which ordered the convention, but without provision for representation in the legislature, which was the basis of representation in the convention. The majority of the committee favored the seating of Wheat, but the convention adopted the minority report that he was not entitled to a seat, there being 134 members, as provided by the act, without him.

In the ballot for president of the convention S. S. Calhoon re- ceived 64 votes, Robert C. Patty, 61. On taking the chair Judge Calhoon said that Mississippi "requires us to do our duty for the people now living and who are yet to live within our borders. Do not entertain any opinions but such as seek that end; reject none except upon maturest consideration, unshackled to the stone floor of fixed opinion, unchained to the walls of prejudice and passion." He said the colossal fact that confronted them was "that there exists here in this State two distinct and opposite types of mankind. We find ourselves together and we must live together and the ques- ion is how shall it be arranged so that we may live harmoniously."

There had always been, everywhere, "anything but heretogen- eousness between those races. It is a fact that each race is fond of the other. There is no black man or colored man in the State of Mississippi who does not feel that in all the business of life the whites are his friends. That is one statement that is true ; how then is it then that we cannot have political hom-

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ogeneity?" His answer was that "when any of the five distinct races encounter each other in the matter of government, that from the instinct implanted in its nature, it desires to be in the ascen- dancy." In Mississippi was found one race the rule of which "has always meant economic and moral ruin ; we find another race whose rule has always meant prosperity and happiness. . . What does the instinct of self-preservation require us to do?" This was not the only subject demanding attention. "You all see at a glance, you all know from an examination of the history of the legislation of Mississippi, and it is of prime importance-limita- tions on the legislative power do not now characterize the con- stitution of the State of Mississippi."

The organization was completed with R. E. Wilson secretary, Webb Harris sergeant at arms, J. H. Winstead doorkeeper.

In the seating of members Gen. Featherston, Judge Wiley P. Harris, Gov. Alcorn, Judge Simrall, Col. A. J. Paxton, Capt. J. W. Fewell and Dr. Isom were honored with preference before the re- maining seats were drawn.

Standing committees were announced on the third day, with the following chairmen: Legislative, Street, Judiciary, Harris; Execu- tive, Yerger; Elective Franchise, Apportionment and Elections, Patty ; Bill of Rights and general provisions, Mayes; Militia, Featherston ; Education, Gen. S. D. Lee ; Corporations and Internal Improvements, Muldrow: Other committees afterward named, were: Temperance and Liquor Traffic, Chrisman; Convict Leas- ing System, Dean. The full membership of the committee on Franchise was: Patty, George, Alcorn, Martin, Powel, Magruder, Hudson, Burkitt, McLean, Lester, Richards, Allen Blair Boyd, McNeilly, Boothe, Simonton, Dean, McClurg, Hooker, Morgan, Reagan, McGehee, Puryear, Reynolds, Robinson, Watson, Regan and Montgomery. They represented all the sections of the State and the various views and interests involved in the adjustment of suffrage and apportionment, the two most difficult and important subjects before the convention. (Johnston). The members were selected half from the white and half from the black counties.

The avowed and confessed object of the convention was to eliminate the ignorant vote whether white or black. Every thought- ful man in the convention knew the terrible results of placing political power in ignorant, incompetent hands.

While the committees were considering the various propositions before them, interest began to lag and many' members were absent.

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One member proposed on the 18th day, that as nothing had matured, the convention was premature and should adjourn, sine die.

The 72 clauses regarding the legislative department of govern- ment were reported by R. H. Thompson, for the committee, on the 34th day. The Judiciary sections at the same time were reported by H. F. Simrall. The Bill of Rights was reported by Edward Mayes on the 49th day.

The status of corporations was one of the most important sub- jects before the convention, and consideration of the subject was based upon the clauses proposed by Gen. George, giving the leg- islature great freedom of action in regard to changing, revoking or amending franchises, taxing all property, etc.

The convention was memorialized by the Prohibitionists, through J. B. Gambrell, chairman of executive committee, for constitutional prohibition. They said: "There are 75 counties in Mississippi and 40 of them are dry. These dry counties are in the white sec- tion. The 35 counties are mostly in the black belt and are kept wet by the negro vote. . What are you here for, if not to main- tain white supremacy, especially when a majority of whites stand for a great principle of public morals and public safety." The color line was also raised in regard to education, and by some delegates it was demanded that each race should be taxed separately to main- tain its own schools.

The Educational sections as originally reported by Gen. S. D. Lee, provided for a common school fund composed of poll taxes of $2, and not less than $400,000 from the general fund, all to be dis- tributed among the counties in the proportion of educable children ; this fund to be supplemented in each county by local taxation enough to maintain the schools at least four months and as much longer as may be desired. There was serious opposition on ac- count of the large revenue to be collected by the State and distrib- uted, though the sum estimated was only $730,000, annually. The minority of the committee predicted that such a plan would lead to the swift downfall and ruin of the school system. They con- tended for a larger support by local taxation. This was the view of Will T. Martin, R. G. Hudson, Edward Mayes, E. O. Sykes, W. · D. Witherspoon, W. C. Richards.

The minority report presented the plan of retaining the poll taxes in the counties where collected, and was adopted, and limiting the general appropriation to $300,000. Mr. Jamison presented a substitute report closely following the Lee report.

There were many propositions referred to the Suffrage commit-

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tee, part of which may be briefly mentioned, as indicating the range of opinion. Judge Calhoon's proposition for suffrage restriction was one year's residence and poll tax payment for two years. Mr. Regan of Claiborne, proposed residence of three years, payment of an annual poll tax of $2 for three years, and registration ; Mr. Campbell of Washington, a property qualification ; M. Chrisman of Lincoln a property qualification, and an oath of the voter that "I have read and comprehend the article in the constitution of this State which prescribes the qualifications of voters," and am not debarred; Judge Simrall residence in the State two years, in the county one year, payment of the poll tax on the day of payment preceding election, and the Australian ballot; Mr. Noland of Wil- kinson would add to other ordinary qualifications the capacity to read and write intelligibly this constitution; Mr. Coffee of Jeffer- son would have none of the special restrictions advocated; Mr. Taylor would make a test "to read this constitution in the English language and write his name;" Mr. Powel would make the dis- qualifications "convicted of any felony, petit larceny or unlawful cohabitation or failure to pay my taxes for last year ;" Mr. Hudson proposed the admission of both men and women to suffrage under a property qualification, and ability to read and write; the same was asked by the Alliance of DeSoto county, and supported by Judge Warren Cowen, of Vicksburg and the Meridian News.

Mr. Mayes seems to have first presented the electoral method of election embodied in the constitution. Thompson proposed a plan of apportionment, dividing the State into twelve grand divisions or groups of counties, each division to elect two senators and ten representatives, and one State elector, the twelve electors to choose the governor and other State officers. Similar plans were presented by Messrs. Coffee and Calhoon. Mr. Paxton of Washington pro- posed to simply limit the counties in the Delta to one representa- tive each. (Mayes Collection, in Miss. Archives.)

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Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. I, Part 54

Author: Rowland, Dunbar, 1864-1937, ed Publication date: 1907 Publisher: Atlanta, Southern Historical Publishing Association Number of Pages: 1030

Author: Rowland, Dunbar, 1864-1937, ed
Publication date: 1907
Publisher: Atlanta, Southern Historical Publishing Association
Number of Pages: 1030