Showing posts with label Compromise of 1820. Show all posts
Showing posts with label Compromise of 1820. Show all posts

Tuesday, March 4, 2025

John J. Crittenden’s Address on the Life and Death of Henry Clay, Delivered at Louisville, September 29, 1852

LADIES AND GENTLEMEN,—I am very sensible of the difficulty and magnitude of the task which I have undertaken.

I am to address you in commemoration of the public services of HENRY CLAY, and in celebration of his obsequies. His death filled his whole country with mourning, and the loss of no citizen, save the Father of his Country, has ever produced such manifestations of the grief and homage of the public heart. His history has indeed been read "in a nation's eyes." A nation's tears proclaim, with their silent eloquence, its sense of the national loss. Kentucky has more than a common share in this national bereavement. To her it is a domestic grief,—to her belongs the sad privilege of being the chief mourner. He was her favorite son, her pride, and her glory. She mourns for him as a mother. But let her not mourn as those who have no hope or consolation. She can find the richest and the noblest solace in the memory of her son, and of his great and good actions; and his fame will come back, like a comforter, from his grave, to wipe away her tears. Even while she weeps for him, her tears shall be mingled with the proud feelings of triumph which his name will inspire; and Old Kentucky, from the depths of her affectionate and heroic heart, shall exclaim, like the Duke of Ormond, when informed that his brave son had fallen in battle, "I would not exchange my dead son for any living son in Christendom." From these same abundant sources we may hope that the widowed partner of his life, who now sits in sadness at Ashland, will derive some pleasing consolations. I presume not to offer any words of comfort of my own. Her grief is too sacred to permit me to use that privilege. You, sons and daughters of Kentucky, have assembled here to commemorate his life and death. How can I address you suitably on such a theme? I feel the oppressive consciousness that I cannot do it in terms adequate to the subject, or to your excited feelings. I am no orator, nor have I come here to attempt any idle or vainglorious display of words; I come as a plain Kentuckian, who, sympathizing in all your feelings, presents you with this address, as his poor offering, to be laid upon that altar which you are here erecting to the memory of Henry Clay. Let it not be judged according to its own value, but according to the spirit in which it is offered. It would be no difficult task to address you on this occasion in the extravagant and rhetorical language that is usual in funeral orations; but my subject deserves a different treatment—the monumental name of Henry Clay rises above all mere personal favor and flattery; it rejects them, and challenges the scrutiny and the judgment of the world. The noble uses to which his name should be applied, are to teach his country, by his example, lessons of public virtue and political wisdom; to teach patriots and statesmen how to act, how to live, and how to die. I can but glance at a subject that spreads out in such bright and boundless expanse before me.

Henry Clay lived in a most eventful period, and the history of his life for forty years has been literally that of his country. He was so identified with the government for more than two-thirds of its existence, that, during that time, hardly any act which has redounded to its honor, its prosperity, its present rank among the nations of the earth, can be spoken of without calling to mind involuntarily the lineaments of his noble person. It would be difficult to determine whether in peace or in war, in the field of legislation or of diplomacy, in the springtide of his life, or in its golden ebb, he won the highest honor. It can be no disparagement to any one of his contemporaries to say that, in all the points of practical statesmanship, he encountered no superior in any of the employments which his constituents or his country conferred upon him.

For the reason that he had been so much and so constantly in the public eye, an elaborate review of his life will not be expected of me. All that I shall attempt will be to sketch a few leading traits, which may serve to give those who have had fewer opportunities of observation than I have had something like a just idea of his public character and services. If, in doing this, I speak more at large of the earlier than of the later periods of his life, it is because, in regard to the former, though of vast consequence, intervening years have thrown them somewhat in the background.

Passing by, therefore, the prior service of Mr. Clay in the Senate for brief periods in 1806 and 1810-11, I come at once to his Speakership in the House of Representatives, and his consequent agency in the war of 1812.

To that war our country is indebted for much of the security, freedom, prosperity, and reputation which it now enjoys. It has been truly said by one of the living actors in that perilous era, that the very act of our going to war was heroic.1 By the supremacy of the naval power of England the fleets of all Europe had been swept from the seas; the banner of the United States alone floated in solitary fearlessness. She seemed to encircle the earth with her navies, and to be the undisputed mistress of the ocean. We went out upon the deep with a sling in our hands. When, in all time, were such fearful odds seen as we had against us?

The events of the war with England, so memorable, and even wonderful, are too familiar to all to require any particular recital on this occasion. Of that war,—of its causes and consequences,—of its disasters, its bloody battles, and its glorious victories by land and sea, history and our own official records have given a faithful narrative. A just national pride has engraven that narrative upon our hearts. But even in the fiercest conflicts of that war, there was nothing more truly heroic than the declaration of it by Congress.

Of that declaration, of the incidents, personal influences, and anxious deliberations which preceded and led to it, the history is not so well or generally known. The more it is known the more it will appear how important was the part that Mr. Clay acted, and how much we are indebted to him for all the glorious and beneficial issues of the declaration of that war, which has not inappropriately been called the Second War of Independence.

The public grounds of the war were the injustice, injury, and insults inflicted on the United States by the government of Great Britain, then engaged in a war of maritime edicts with France, of which the commerce of the United States was the victim, our merchant ships being captured by British cruisers on every sea, and confiscated by her courts, in utter contempt of the rights of this nation as an independent power. Added to this, and more offensive than even those outrages, was the arrogation, by the same power, of a right to search American vessels for the purpose of impressing seamen from vessels sailing under the American flag. These aggressions upon our national rights constituted, undoubtedly, justifiable cause of war. With equal justice on our part, and on the same grounds (impressment of seamen excepted), we should have been warranted in declaring war against France also; but common sense (not to speak of policy) forbade our engaging with two nations at once, and dictated the selection, as an adversary, of the one that had power, which the other had not, to carry its arbitrary edicts into full effect. The war was really, on our part, a war for national existence.

When Congress assembled, in November, 1811, the crisis was upon us. But, as may be readily imagined, it could be no easy matter to nerve the heart of Congress, all unprepared for the dread encounter, to take the step, which there could be no retracing, of a declaration of war.

Nor could that task, in all probability, ever have been accomplished, but for the concurrence, purely accidental, of two circumstances: the one, the presence of Henry Clay in the chair of the popular branch of the national legislature; and the other, that of James Monroe, as Secretary of State, in the executive administration of the government.

Mr. Monroe had returned but a year or two before from a course of public service abroad, in which, as minister plenipotentiary, he had represented the United States at the several courts, in succession, of France, Spain, and Great Britain. From the last of these missions he had come home, thoroughly disgusted with the contemptuous manner in which the rights of the United States were treated by the belligerent powers, and especially by England. This treatment, which even extended to the personal intercourse between their ministers and the representatives of this country, he considered as indicative of a settled determination on their part, presuming upon the supposed incapacity of this government for war, to reduce to system a course of conduct calculated to debase and prostrate us in the eyes of the world. Reasoning thus, he had brought his mind to a serious and firm conviction that the rights of the United States, as a nation, would never be respected by the powers of the Old World until this government summoned up resolution to resent such usage, not by arguments and protests merely, but by an appeal to arms. Full of this sentiment, Mr. Monroe was called, upon a casual vacancy, when it was least expected by himself or the country, to the head of the Department of State. That sentiment, and the feelings which we have thus accounted for, Mr. Monroe soon communicated to his associates in the cabinet, and, in some degree it might well be supposed, to the great statesman then at the head of the government.

The tone of President Madison's first message to Congress (November 5, 1811), a few months only after Mr. Monroe's accession to the cabinet, can leave hardly a doubt in any mind of such having been the case. That message was throughout of the gravest cast, reciting the aggressions and aggravations of Great Britain, as demanding resistance, and urging upon Congress the duty of putting the country "into an armor and attitude demanded by the crisis and corresponding with the national spirit and expectations."

It was precisely at this point of time that Mr. Clay, having resigned his seat in the Senate, appeared on the floor of the House of Representatives, and was chosen, almost by acclamation, Speaker of that body. From that moment he exercised an influence, in a great degree personal, which materially affected, if it did not control, the judgment of the House. Among the very first acts which devolved upon him by virtue of his office was the appointment of the committees raised upon the President's message. Upon the select committee of nine members to which was referred "so much of the message as relates to our foreign relations," he appointed a large proportion from among the fast friends of the administration, nearly all of them being new members and younger than himself, though he was not then more than thirty-five years of age. It is impossible, at this day, to call to mind the names of which this committee was composed (Porter, Calhoun, and Grundy being the first named among them), without coming to the conclusion that the committee was constituted with a view to the event predetermined in the mind of the Speaker. There can be no question that when, quitting the Senate, he entered the representative body, he had become satisfied that, by the continued encroachments of Great Britain on our national rights, the choice of the country was narrowed down to war or submission. Between these there could be no hesitation in such a mind as that of Mr. Clay which to choose. In this emergency he acted for his country as he would in a like case for himself. Desiring and cultivating the good will of all, he never shrank from any personal responsibility, nor cowered before any danger. More than a year before his accession to the House of Representatives he had, in a debate in the Senate, taken occasion to say that "he most sincerely desired peace and amity with England; that he even preferred an adjustment of all differences with her to one with any other nation; but, if she persisted in a denial of justice to us, he trusted and hoped that all hearts would unite in a bold and vigorous vindication of our rights." It was in this brave spirit, animated to increased fervency by intervening aggressions from the same quarter, that Mr. Clay entered into the House of Representatives.

Early in the second month of the session, availing himself of the right then freely used by the Speaker to engage in discussion while the House was in committee of the whole, he dashed into the debates upon the measures of military and naval preparation recommended by the President and reported upon favorably by the committee. He avowed, without reserve, that the object of this preparation was war, and war with Great Britain.

In these debates he showed his familiarity with all the weapons of popular oratory. In a tempest of eloquence, in which he wielded alternately argument, persuasion, remonstrance, invective, ridicule, and reproach, he swept before him all opposition to the high resolve to which he exhorted Congress. To the argument (for example) against preparing for a war with England, founded upon the idea of her being engaged, in her conflict with France, in fighting the battles of the world, he replied, that such a purpose would be best achieved by a scrupulous observance of the rights of others, and by respecting that public law which she professed to vindicate. "Then," said he, "she would command the sympathies of the world. But what are we required to do by those who would engage our feelings and wishes in her behalf? To bear the actual cuffs of her arrogance, that we may escape a chimerical French subjugation. We are called upon to submit to debasement, dishonor, and disgrace; to bow the neck to royal insolence, as a course of preparation for manly resistance to Gallic invasion! What nation, what individual, was ever taught, in the schools of ignominious submission, these patriotic lessons of freedom and independence?" And to the argument that this government was unfit for any war but a war against invasion,-so signally since disproved by actual events,-he exclaimed, with characteristic vehemence, "What! is it not equivalent to invasion, if the mouths of our outlets and harbors are blocked up, and we are denied egress from our own waters? Or, when the burglar is at our door, shall we bravely sally forth and repel his felonious entrance, or meanly skulk within the cells of the castle? What! shall it be said that our amor patriæ is located at these desks? that we pusillanimously cling to our seats here, rather than vindicate the most inestimable rights of our country?" Whilst in debate upon another occasion, at nearly the same time, he showed how well he could reason upon a question which demanded argument rather than declamation. To his able support of the proposition of Mr. Cheves to add to our then small but gallant navy ten frigates, may be ascribed the success, though by a lean majority, of that proposition. Replying to the objection, urged with great zeal by certain members, that navies were dangerous to liberty, he argued that the source of this alarm was in themselves. “Gentlemen fear," said he, "that if we provide a marine it will produce collision with foreign nations, plunge us into war, and ultimately overturn the Constitution of the country. Sir, if you wish to avoid foreign collision, you had better abandon the ocean, surrender all your commerce, give up all your prosperity. It is the thing protected, not the instrument of protection, that involves you in war. Commerce engenders collision, collision war, and war, the argument supposes, leads to despotism. Would the counsels of that statesman be deemed wise who would recommend that the nation should be unarmed; that the art of war, the martial spirit, and martial exercises, should be prohibited; who should declare, in a word, that the great body of the people should be taught that national happiness was to be found in perpetual peace alone?"

While Mr. Clay, in the capitol, was, with his trumpet-tongue, rousing Congress to prepare for war, Mr. Monroe, then Secretary of State, gave his powerful co-operation, and lent the Nestor-like sanction of his age and experience to the bold measures of his young and more ardent compatriot. It was chiefly through their fearless influence that Congress was gradually warmed up to a war spirit, and to the adoption of some preparatory measures. But no actual declaration of war had yet been proposed. There was a strong opposition in Congress, and the President, Mr. Madison, hesitated to recommend it, only because he doubted whether Congress was yet sufficiently determined and resolved to maintain such a declaration, and to maintain it to all the extremities of war.

The influence and counsel of Mr. Clay again prevailed. He waited upon the President, at the head of a deputation of members of Congress, and assured him of the readiness of a majority of Congress to vote the war if recommended by him. Upon this the President immediately recommended it by his message to Congress of the first Monday of June, 1812. A bill declaring war with Great Britain soon followed in Congress, and, after a discussion in secret session for a few days, became a law. Then began the war.

When the doors of the House of Representatives were opened, the debates which had taken place in secret session were spoken of and repeated, and it appeared, as must have been expected by all, that Mr. Clay had been the great defender and champion of the declaration of war.

Mr. Clay continued in the House of Representatives for some time after the commencement of the war, and having assisted in doing all that could be done for it in the way of legislation, was withdrawn from his position in Congress to share in the deliberations of the great conference of American and British Commissioners held at Ghent. His part in that convention was such as might have been expected from his course in Congress—high-toned and high-spirited, despairing of nothing.

I need not add, but for form, that acting in this spirit, Mr. Clay, and his patriotic and able associates, succeeded beyond all the hopes at that time entertained at home, in making a treaty, which, in putting a stop to the war, if it did not accomplish everything contended for, saved and secured, at all points, the honor of the United States.

Thus began and ended the war of 1812. On our part it was just and necessary, and, in its results, eminently beneficial and honorable.

The benefits have extended to all the world, for, in vindicating our own maritime rights, we established the freedom of the seas to all nations, and since then no one of them has arrogated any supremacy upon that ocean given by the Almighty as the common and equal inheritance of all.

To Henry Clay, as its chief mover and author, belongs the statesman's portion of the glory of that war; and to the same Henry Clay, as one of the makers and signers of the treaty by which it was terminated, belong the blessings of the peacemaker. His crown is made up of the jewels of peace and of war.

Prompt to take up arms to resent our wrongs and vindicate our national rights, the return of peace was yet gladly hailed by the whole country. And well it might be. Our military character, at the lowest point of degradation when we dared the fight, had been retrieved. The national honor, insulted at all the courts of Europe, had been redeemed; the freedom of the seas secured to our flag and all who sail under it; and what was most influential in inspiring confidence at home, and assuring respect abroad, was the demonstration, by the result of the late conflict, of the competency of this government for effective war, as it had before proved itself for all the duties of a season of peace.

The Congress which succeeded the war, to a seat in which Mr. Clay was elected while yet abroad, exhibited a feature of a national jubilee, in place of the gravity and almost gloom which had settled on the countenance of the same body during the latter part of the war and of the conference at Ghent. Joy shone on every face. Justly has that period been termed "the era of good feeling." Again placed in the chair of the House of Representatives, and all important questions being then considered as in committee of the whole, in which the Speaker descends to the floor of the House, Mr. Clay distinguished himself in the debates upon every question of interest that came up, and was the author, during that and following Congresses, of more important measures than it has been the fortune of any other member, either then or since, to have his name identified with.

It would exceed the proper limits of this discourse to particularize all those measures. I can do no more than refer to a very few of them, which have become landmarks in the history of our country.

First in order of these was his origination of the first proposition for the recognition of the independence of the states of South America, then struggling for liberty. This was on the 24th of March, 1818. It was on that day that he first formally presented the proposition to the House of Representatives. But neither the President nor Congress was then prepared for a measure so bold and decisive, and it was rejected by a large majority of the House, though advocated and urged by him with all the vehemence and power of his unsurpassed ability and eloquence. Undaunted by this defeat, he continued to pursue the subject with all the inflexible energy of his character. On the 3d of April, 1820, he renewed his proposition for the recognition of South American independence, and finally succeeded, against strong opposition, not only in passing it through the House of Representatives, but in inducing that body to adopt the emphatic and extraordinary course of sending it to the President by a committee especially appointed for the purpose. Of that committee Mr. Clay was the chairman, and, at its head, performed the duty assigned them. In the year 1822 Mr. Clay's noble exertions on this great subject were crowned with complete success by the President's formal recognition of South American independence, with the sanction of Congress.

It requires some little exertion, at this day, to turn our minds back and contemplate the vast importance of the revolutions then in progress in South America, as the subject was then presented, with all the uncertainties and perils that surrounded it. Those revolutions constituted a great movement in the moral and political world. By their results great interests and great principles throughout the civilized world, and especially in our own country, might, and probably would, be materially affected.

Mr. Clay comprehended the crisis. Its magnitude and its character were suited to his temper and to his great intellect.

He saw before him, throughout the vast continent of South America, the people of its various states or provinces struggling to cast off that Spanish oppression and tyranny which for three hundred years had weighed them down and seeking to reclaim and re-establish their long-lost liberty and independence.

He saw them not only struggling but succeeding, and with their naked hands breaking their chains and driving their oppressors before them. But the conflict was not yet over; Spain still continued to wage formidable and desperate hostilities against her colonies to reduce them to submission. They were still struggling and bleeding, and the result yet depended on the uncertain issues of war.

What a spectacle was there presented to the contemplation of the world! The prime object of attention and interest there to be seen was man bravely struggling for liberty. That was enough for Henry Clay. His generous soul overflowed with sympathy. But this was not all; there were graver and higher considerations that belonged to the subject, and these were all felt and appreciated by Mr. Clay.

If South America was resubjugated by Spain, she would in effect become European and relapse into the system of European policy, the system of legitimacy, monarchy, and absolutism. On the other hand, if she succeeded in establishing her independence, the principle of free institutions would be established with it, and republics, kindred to our own, would rise up to protect, extend, and defend the rights and liberties of mankind.

It was not, then, a mere struggle between Spain and her colonies. In its consequences, at least, it went much further, and, in effect, was a contest between the great antagonist principles and systems of arbitrary European governments and of free American governments. Whether the millions of people who inhabited, or were to inhabit, South America, were to become the victims and the instruments of the arbitrary principle, or the supporters of the free principle, was a question of momentous consequence now and in all time to come.

With these views, Mr. Clay, from sympathy and policy, embraced the cause of South American independence. He proposed no actual intervention in her behalf, but he wished to aid her with all the moral power and encouragement that could be given by a welcome recognition of her by the government of the United States.

To him belongs the distinguished honor of being the first among the statesmen of the world to espouse and plead the cause of South America, and to propose and urge the recognition of her independence. And his own country is indebted to him for the honor of being the first nation to offer that recognition.

When the magnitude of the subject, and the weighty interest and consequences attached to it, are considered, it seems to me that there is no more palmy day in the life of Mr. Clay than that in which, at the head of his committee, he presented to the President the resolution of the House of Representatives in favor of the recognition of South American independence.

On that occasion he appears in all the sublimity of his nature, and the statesman, invested with all the sympathies and feelings of humanity, is enlarged and elevated into the character of the friend and guardian of universal liberty.

How far South America may have been aided or influenced in her struggles by the recognition of our government, or by the noble appeals which Mr. Clay had previously addressed, in her behalf, to Congress and to the world, we cannot say; but it is known that those speeches were read at the head of her armies, and that grateful thanks were returned. It is not too much to suppose that he exercised great and, perhaps, decisive influence in her affairs and destinies.

Years after the first of Mr. Clay's noble exertions in the cause of South America, and some time after those exertions had led the government of the United States to recognize the new States of South America, they were also recognized by the government of Great Britain, and Mr. Canning, her minister, thereupon took occasion to say, in the House of Commons, "there (alluding to South America) I have called a new world into existence!" That was a vain boast. If it can be said of any man, it must be said of Henry Clay, that he called that “new world into existence.”2

Mr. Clay was the father of the policy of internal improvement by the general government. The expediency of such legislation had, indeed, been suggested, in one of his later annual messages to Congress, by President Jefferson, and that suggestion was revived by President Madison in the last of his annual messages. The late Bank of the United States having been then just established, a bill passed, in supposed conformity to Mr. Madison's recommendation, for setting aside the annual bonus, to be paid by the bank, as a fund for the purposes of internal improvement. This bill Mr. Madison very unexpectedly, on the last day of the term of his office, returned to the House of Representatives without his signature, assigning the reasons for his withholding it,―reasons which related rather to the form than the substance,—and recommending an amendment to the Constitution to confer upon Congress the necessary power to carry out that policy. The bill of course fell through for that session. Whilst this bill was on its passage, Mr. Clay had spoken in favor of it, declaring his own decided opinion in favor of the constitutionality and expediency of the measure. Mr. Monroe, immediately succeeding Mr. Madison in the Presidency, introduced into his first annual message a declaration, in advance of any proposition on the subject, of a settled conviction on his mind that Congress did not possess the right to enter upon a system of internal improvement. But for this declaration, it may be doubted that the subject would have been again agitated so soon after Mr. Madison's veto. The threat of a recurrence to that resort by the new President roused up a spirit of defiance in the popular branch of Congress, and especially in the lion heart of Mr. Clay; and by his advice and counsel a resolution was introduced declaring that Congress has power, under the Constitution, to make appropriations for the construction of military roads, post-roads, and canals. Upon this proposition, in committee of the whole House, Mr. Clay attacked, with all his powers of argument, wit, and raillery, the interdiction in the message.

He considered that the question was now one between the executive on the one hand, and the representatives of the people on the other, and that it was so understood by the country; that if, by the communication of his opinion to Congress, the President intended to prevent discussion, he had “most wofully failed;" that in having (Mr. Clay had no doubt the best motives) volunteered his opinion upon the subject, he had "inverted the order of legislation by beginning where it should end;" and, after an able and unanswerable argument on the question of the power, concluded by saying, “If we do nothing this session but pass an abstract resolution on the subject, I shall, under all circumstances, consider it a triumph for the best interest of the country, of which posterity will, if we do not, reap the benefit." And the abstract resolution did pass by a vote of 90 to 75; and a triumph it was which Mr. Clay had every right to consider as his own, and all the more grateful to his feelings because he had hardly hoped for it.

Referring on the final success, at a distance of thirty-five years, of the principle thus established, in the recent passage by Congress of the act for the improvement of certain of the ports and harbors and navigable rivers of the country, let "posterity" not forget, on this occasion, to what honored name is undoubtedly due the credit of the first legislative assertion of the power.

Mr. Clay was, perhaps, the only man since Washington, who could have said, with entire truth, as he did, "I had rather be right than be President." Honor and patriotism were his great and distinguishing traits. The first had its spring and support in his fearless spirit; the second in his peculiar Americanism of sentiment. It was those two principles which ever threw his whole soul into every contest where the public interest was deeply involved, and above all, into every question which in the least menaced the integrity of the Union. This last was, with him, the Ark of the Covenant; and he was ever as ready to peril his own life in its defense as he was to pronounce the doom of a traitor on any one who would dare to touch it with hostile hands. It was the ardor of this devotion to his country, and to the sheet-anchor of its liberty and safety, the union of the States, that rendered him so conspicuous in every conflict that threatened either the one or the other with harm. All are familiar with his more recent, indeed, his last, great struggle for his country, when the foundations of the Union trembled under the fierce sectional agitation, so happily adjusted and pacified by the wise measures of compromise which he proposed in the Senate, and which were, in the end, in substance adopted. That brilliant epoch in his history is fresh in the memory of all who hear me, and never will be forgotten by them. An equally glorious success, achieved by his patriotism, his resoluteness, and the great power of his oratory, was one which few of this assembly are old enough vividly to remember; but which, in the memory of those who witnessed the effort, and the success of that greatest triumph of his master-spirit, will ever live the most interesting in the life of the great statesman. I mean the Missouri controversy. Then, indeed, did common courage quail, and hope seemed to sink before the storm that burst upon and threatened to overwhelm the Union.

Into the history of what is familiarly known as the "Missouri Question," it is not necessary, if time would allow, that I should enter at any length. The subject of the controversy, as all my hearers know, was the disposition of the House of Representatives, manifested on more than one occasion, and by repeated votes, to require-as a condition of the admission of the Territory of Missouri into the Union as a State-the perpetual prohibition of the introduction of slavery into the Territories of the United States west of the Mississippi. During the conflict to which this proposition gave rise in 1820, the debates were from the beginning earnest, prolonged, and excited. In the early stages of them Mr. Clay exerted to the utmost his powers of argument, conciliation, and persuasion, speaking, on one occasion, it is stated, for four and a half hours without intermission. A bill finally passed both houses, authorizing the people of the Territory of Missouri to form a constitution of State government, with the prohibition of slavery restricted to the territory lying north of 36 deg. 30 min. of north latitude. This was in the first session of the Sixteenth Congress, Mr. Clay still being Speaker of the House. On the approach of the second session of this Congress, Mr. Clay, being compelled by his private affairs to remain at home, forwarded his resignation as Speaker, but retained his seat as a member, in view of the pendency of this question. Mr. Taylor, of New York, the zealous advocate of the prohibition of slavery in Missouri and elsewhere in the West, was chosen Speaker to succeed Mr. Clay. This fact, of itself, under all the circumstances, was ominous of what was to follow. Alarmed, apparently, at this aspect of things, Mr. Clay resumed his seat in the House on the 16th of January, 1821. The constitution formed by Missouri and transmitted to Congress, under the authority of the act passed in the preceding session, contained a provision (superfluous even for its own object) making it the duty of the General Assembly, as soon as might be, to pass an act to prevent free negroes and mulattoes from coming to or settling in the State of Missouri "upon any pretext whatever." The reception of the constitution with this offensive provision in it was the signal of discord apparently irreconcilable, when, just as it had risen to its height, Mr. Clay, on the 16th of January, 1821, resumed his seat in the House of Representatives. Less than six weeks of the term of Congress then remained. The great hold which he had upon the affections, as well as the respect, of all parties induced upon his arrival a momentary lull in the tempest. He at once engaged earnestly and solicitously in counsel with all parties in this alarming controversy, and on the 2d of February moved the appointment of a committee of thirteen members to consider the subject. The report of that committee, after four days of conference, in which the feelings of all parties had clearly been consulted, notwithstanding it was most earnestly supported by Mr. Clay in a speech of such power and pathos as to draw tears from many hearers, was rejected by a vote of 83 nays to 80 yeas. No one, not a witness, can conceive the intense excitement which existed at this moment within and without the walls of Congress, aggravated as it was by the arrival of the day for counting the electoral votes for President and Vice-President, among which was tendered the vote of Missouri as a State, though not yet admitted as such. Her vote was disposed of by being counted hypothetically, that is to say, that with the vote of Missouri, the then state of the general vote would be so and so; without it, so and so. If her vote, admitted, would have changed the result, no one can pretend to say how disastrous the consequences might not have been.

On Mr. Clay alone now rested the hopes of all rational and dispassionate men for a final adjustment of this question; and one week only, with three days of grace, remained of the existence of that Congress. On the 22d of the month, Mr. Clay made a last effort, by moving the appointment of a joint committee of the two houses, to consider and report whether it was expedient or not to make provision for the admission of Missouri into the Union on the same footing of the original States; and, if not, whether any other provision, adapted to her actual condition, ought to be made by law. The motion was agreed to, and a committee of twenty-three members appointed by ballot under it. The report by that committee (a modification of the previously rejected report) was ratified by the House, but by the close vote of 87 to 81. The Senate concurred, and so this distracting question was at last settled, with an acquiescence in it by all parties, which has never been since disturbed.

I have already spoken of this as the great triumph of Mr. Clay; I might have said, the greatest civil triumph ever achieved by mortal man. It was one towards which the combination of the highest ability and the most commanding eloquence would have labored in vain. There would still have been wanting the ardor, the vehemence, the impetuousness of character of Henry Clay, under the influence of which he sometimes overleaped all barriers, and carried his point literally by storm. One incident of this kind is well remembered in connection with the Missouri question. It was in an evening sitting, whilst this question was yet in suspense. Mr. Clay had made a motion to allow one or two members to vote who had been absent when their names were called. The Speaker (Mr. Taylor), who, to a naturally equable temperament, added a most provoking calmness of manner when all around him was excitement, blandly stated, for the information of the gentleman, that the motion "was not in order." Mr. Clay then moved to suspend the rule forbidding it, so as to allow him to make the motion; but the Speaker, with imperturbable serenity, informed him that, according to the rules and orders, such a motion could not be received without the unanimous consent of the House. "Then," said Mr. Clay, exerting his voice even beyond its highest wont, “I move to suspend ALL the rules of the House! Away with them! Is it to be endured, that we shall be trammeled in our action by mere forms and technicalities at a moment like this, when the peace, and perhaps the existence, of this Union is at stake?"

Besides those to which I have alluded, Mr. Clay performed many other signal public services, which would have illustrated the character of any other American statesman. Among these we cannot refrain from mentioning his measures for the protection of American industry, and his compromise measure of 1833, by which the country was relieved from the dangers and agitations produced by the doctrine and spirit of "nullification." Indeed, his name is identified with all the great measures of government during the long period of his public life. But the occasion does not permit me to proceed further with this review of his public services. History will record them to his honor.

Henry Clay was indebted to no adventitious circumstances for the success and glory of his life. Sprung from an humble stock, “he was fashioned to much honor from his cradle;" and he achieved it by the noble use of the means which God and nature had given him. He was no scholar, and had none of the advantages of collegiate education. But there was a "divinity that stirred within him." He was a man of a genius mighty enough to supply all the defects of education. By its keen, penetrating observation, its quick apprehension, its comprehensive and clear conception, he gathered knowledge without the study of books; he could draw it from the fountain-head,— pure and undefiled; it was unborrowed; the acquisition of his own observation, reflection, and experience; and all his own. It entered into the composition of the man, forming part of his mind, and strengthening and preparing him for all those great scenes of intellectual exertion or controversy in which his life was spent. His armor was always on, and he was ever ready for the battle.

This mighty genius was accompanied, in him, by all the qualities necessary to sustain its action, and to make it most irresistible. His person was tall and commanding, and his demeanor—

"Lofty and sour to them that loved him not;

But to those men that sought him sweet as summer.”

He was direct and honest, ardent and fearless, prompt to form his opinions, always bold in their avowal, and sometimes impetuous or even rash in their vindication. In the performance of his duties he feared no responsibility. He scorned all evasion of untruth. No pale thoughts ever troubled his decisive mind.

Be just and fear not" was the sentiment of his heart and the principle of his action. It regulated his conduct in private and public life; all the ends he aimed at were his country's, his God's, and truth's.

Such was Henry Clay, and such, were his talents, qualities, and objects. Nothing but success and honor could attend such a character. We have adverted briefly to some portions of his public life. For nearly half a century he was an informing spirit, brilliant and heroic figure in our political sphere, marshaling our country in the way she ought to go. The "bright track of his fiery car" may be traced through the whole space over which in his day his country and its government have passed in the way to greatness and renown. It will still point the way to further greatness and renown.

The great objects of his public life were to preserve and strengthen the Union, to maintain the Constitution and laws of the United States, to cherish industry, to protect labor, and to facilitate, by all proper national improvements, the communication between all the parts of our widely-extended country. This was his American system of policy. With inflexible patriotism he pursued and advocated it to his end. He was every inch an American. His heart and all that there was of him were devoted to his country, to its liberty, and its free institutions. He inherited the spirit of the Revolution in the midst of which he was born; and the love of liberty and the pride of freedom were in him principles of action.

A remarkable trait in the character of Mr. Clay was his inflexibility in defending the public interest against all schemes for its detriment. His exertions were, indeed, so steadily employed and so often successful in protecting the public against the injurious designs of visionary politicians or party demagogues, that he may be almost said to have been, during forty years, the guardian angel of the country. He never would compromise the public interest for anybody, or for any personal advantage to himself.

He was the advocate of liberty throughout the world, and his voice of cheering was raised in behalf of every people who struggled for freedom. Greece, awakened from a long sleep of servitude, heard his voice, and was reminded of her own Demosthenes. South America, too, in her struggle for independence, heard his brave words of encouragement, and her fainting heart was animated and her arm made strong.

Henry Clay is the fair representative of the age in which he lived, an age which forms the greatest and brightest era in the history of man,-an age teeming with new discoveries and developments, extending in all directions the limits of human knowledge, exploring the agencies and elements of the physical world and turning and subjugating them to the uses of man, unfolding and establishing practically the great principles of popular rights and free governments, and which, nothing doubting, nothing fearing, still advances in majesty, aspiring to, and demanding further improvement and further amelioration of the condition of mankind.

With the chivalrous and benignant spirit of this great era Henry Clay was thoroughly imbued. He was, indeed, moulded by it and made in its own image. That spirit, be it remembered, was not one of licentiousness, or turbulence, or blind innovation. It was a wise spirit, good and honest as it was resolute and brave; and truth and justice were its companions and guides.

These noble qualities of truth and justice were conspicuous in the whole public life of Henry Clay. On that solid foundation he stood erect and fearless; and when the storms of state beat around and threatened to overwhelm him, his exclamation was still heard, “truth is mighty and public justice certain." What a magnificent and heroic figure does Henry Clay here present to the world! We can but stand before and look upon it in silent reverence. His appeal was not in vain; the passions of party subsided; truth and justice resumed their sway, and his generous countrymen repaid him for all the wrong they had done him with gratitude, affection, and admiration in his life and tears for his death.

It has been objected to Henry Clay that he was ambitious. So he was. But in him ambition was virtue. It sought only the proper, fair objects of honorable ambition, and it sought these by honorable means only,-by so serving the country as to deserve its favors and its honors. If he sought office, it was for the purpose of enabling him by the power it would give, to serve his country more effectually and pre-eminently; and, if he expected and desired thereby to advance his own fame, who will say that was a fault? Who will say that it was a fault to seek and desire office for any of the personal gratifications it may afford, so long as those gratifications are made subordinate to the public good?

That Henry Clay's object in desiring office was to serve his country, and that he would have made all other considerations subservient, I have no doubt. I knew him well; I had full opportunity of observing him in his most unguarded moments and conversations, and I can say that I have never known a more unselfish, a more faithful or intrepid representative of the people, of the people's rights, and the people's interests, than Henry Clay. It was most fortunate for Kentucky to have such a representative, and most fortunate for him to have such a constituent as Kentucky, fortunate for him to have been thrown, in the early and susceptible period of his life, into the primitive society of her bold and free people. As one of her children, I am pleased to think that from that source he derived some of that magnanimity and energy which his after-life so signally displayed. I am pleased to think, that, mingling with all his great qualities, there was a sort of Kentuckyism (I shall not undertake to define it) which, though it may not have polished or refined, gave to them additional point and power, and free scope of action.

Mr. Clay was a man of profound judgment and strong will. He never doubted or faltered; all his qualities were positive and peremptory, and to his convictions of public duty he sacrificed every personal consideration.

With but little knowledge of the rules of logic, or of rhetoric, he was a great debater and orator. There was no art in his eloquence, no studied contrivances of language. It was the natural outpouring of a great and ardent intellect. In his speeches there were none of the trifles of mere fancy and imagination; all was to the subject in hand, and to the purpose; and they may be regarded as great actions of the mind, rather than fine displays of words. I doubt whether the eloquence of Demosthenes or Cicero ever exercised a greater influence over the minds or passions of the people of Athens and of Rome, than did Mr. Clay's over the minds and passions of the people of the United States.

You all knew Mr. Clay; your knowledge and recollection of him will present him more vividly to your minds than any picture I can draw of him. This I will add: He was, in the highest, truest sense of the term, a great man, and we ne'er shall look upon his like again. He has gone to join the mighty dead in another and better world. How little is there of such

a man that can die? His fame, the memory of his benefactions, the lessons of his wisdom, all remain with us; over these death has no power.

How few of the great of this world have been so fortunate as he? How few of them have lived to see their labors so rewarded? He lived to see the country that he loved and served advanced to great prosperity and renown, and still advancing. He lived till every prejudice which, at any period of his life had existed against him, was removed; and until he had become the object of the reverence, love, and gratitude of his whole country. His work seemed then to be completed, and fate could not have selected a happier moment to remove him from the troubles and vicissitudes of this life.

Glorious as his life was, there was nothing that became him like the leaving of it. I saw him frequently during the slow and lingering disease which terminated his life. He was conscious of his approaching end, and prepared to meet it with all the resignation and fortitude of a Christian hero. He was all patience, meekness, and gentleness; these shone round him like a mild, celestial light, breaking upon him from another world,

"And, to add greater honors to his age

Than man could give, he died fearing God."

_______________

1 Hon. Mr. Rush.

2 See Mr. Rush's letter to Mr. Clay, vol. i. Collins's Life of Henry Clay.

SOURCE: Ann Mary Butler Crittenden Coleman, Editor, The Life of John J. Crittenden: With Selections from His Correspondence and Speeches, Vol. 2, p. 39-57

Sunday, April 17, 2022

Constitution Of Missouri,* July 19, 1820

We, the people of Missouri, inhabiting the limits hereinafter designated, by our representatives in convention assembled at Saint Louis, on Monday, the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of the “State of Missouri,” and for the government thereof do ordain and establish this constitution:

ARTICLE I.

OF BOUNDARIES. We do declare, establish, ratify, and confirm the following as the permanent boundaries of said State, that is to say: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along the said parallel of latitude to Saint François River; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west along the same to a point where the said parallel is intersected by a meridian-line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence from the point aforesaid north, along the said meridian-line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line correspond with the Indian boundary-line; thence east from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of the Mississippi River; thence down and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning.

ARTICLE II.

OF THE DISTRIBUTION OF POWERS.

The powers of government shall be divided into three distinct departments, each of which shall be confided to a separate magistracy; and no person charged with the exercise of powers properly belonging to one of those departments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III.

OF THE LEGISLATIVE POWER.

SECTION 1. The legislative power shall be vested in a general assembly, which shall consist of a senate and of a house of representatives.

Sec. 2. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties. Each county shall have at least one representative; but the whole number of representatives shall never exceed one hundred.

SEC. 3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State two years, and of the county which he represents one year next before his election, if such county shall have been so long established; but if not, then of the county or counties from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 4. The general assembly at their first session, and in the years one thousand eight hundred and twenty-two and one thousand eight hundred and twenty-four, respectively, and every fourth year thereafter, shall cause an enumeration of the inhabitants of this state to be made; and at the first session after such enumeration shall apportion the number of representatives among the several counties, according to the number of free white male inhabitants therein.

SEC. 5: The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State four years, and of the district which he may be chosen to represent one year before his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 6. The senate shall consist of not less than fourteen nor more than thirty-three members; for the election of whom the State shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require, and the senators shall be apportioned among the several districts according to the number of free white male inhabitants in each: Provided, That when a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.

SEC. 7. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year; so that one-half of the senators shall be chosen every second year.

Sec. 8. After the first day of January, one thousand eight hundred and twenty-two, all general elections shall commence on the first Monday in August, and shall be held biennially; and the electors, in all cases, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

SEC. 9. The governor shall issue writs of election to fill up such vacancies as may occur in either house of the general assembly.

Sec. 10. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have resided in this State one year before an election, the last three months whereof shall have been in the county or district in which he offers to vote, shall be deemed a qualified elector of all elective offices: Provided, That no soldier, seaman, or marine in the Regular Army or Navy of the United States shall be entitled to vote at any election in this State.

SEC. 11. No judge of any court of law or equity, secretary of state, attorney-general, State auditor, State or county treasurer, register, or recorder, clerk of any court of record, sheriff, coroner, member of Congress, nor other person holding any lucrative office under the United States or this State, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the general assembly.

SEC. 12. No person who now is or hereafter may be a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the general assembly, nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be accountable.

SEC. 13. No person while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, denomination, society, or sect whatsoever, shall be eligible to either house of the general assembly; nor shall he be appointed to any office of profit within the State, the office of justice of the peace excepted.

SEC. 14. The general assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.

Sec. 15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or appointment, shall be disqualified for any office of honor, trust, or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person, shall, on conviction thereof, be disqualified for an elector, or for any office of honor, trust, or profit under this State, for ten years after such conviction.

SEC. 16. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased, during his continuance in office, except to such offices as shall be filled by elections of the people.

SEC. 17. Each house shall appoint its own officers, and shall judge of the qualifications, elections, and returns of its own members. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as each house may provide.

Sec. 18. Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause. They shall each, from time to time, publish a journal of their proceedings, except such parts as may, in their opinion, require secrecy; and the yeas and nays on any question shall be entered on the journal, at the desire of any two members.

Sec. 19. The doors of each house, and of committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine or imprisonment, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence, during their session: Provided, That such fine shall not exceed three hundred dollars, and such imprisonment shall not exceed forty-eight hours for one offence.

SEC. 20. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting.

SEC. 21. Bills may originate in either house, and may be altered, amended, or rejected by the other; and every bill shall be read on three different days in each house, unless two-thirds of the house where the same is depending shall dispense with this rule; and every bill, having passed both houses, shall be signed by the speaker of the house of representatives and by the president of the senate.

SEC. 22. When any officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the general assembly, the votes shall be publicly given, viva voce, and entered on the journals. The whole list of members shall be called, and the names of absentees shall be noted and published with the journal.

SEC. 23. Senators and representatives shall, in all cases, except of treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or debate in either house, they shall not be questioned in any other place.

SEC. 24. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which may, from time to time, be increased or diminished by law; but no alteration, increasing or tending to increase the compensation of members, shall take effect during the session at which such alteration shall be made.

Sec. 25: The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the State.

SEC. 26. The general assembly shall not have power to pass laws,

1. For the emancipation of slaves without the consent of their owners; or without paying them, before such emancipation, a full equivalent for such slaves so emancipated; and,

2. To prevent bona-fide immigrants to this State, or actual settlers therein, from bringing from any of the United States, or from any of their Territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this state.

They shall have power to pass laws

1. To prohibit the introduction into this State of any slaves who may have committed any high crime in any other State or Territory;

2. To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandise;

3. To prohibit the introduction of any slave, or the offspring of any slave, who heretofore may have been, or who hereafter may be, imported from any foreign country into the United States, or any Territory thereof, in contravention of any existing statute of the United States; and,

4. To permit the owners of slaves to emancipate them, saving the right of creditors, where the person so emancipating will give security that the slave so emancipated shall not become a public charge.

It shall be their duty, as soon as may be, to pass such laws as may be necessary,

1. To prevent free negroes end mulattoes from coming to and settling in this state, under any pretext whatsoever; and,

2. To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them extending to life or limb.

SEC. 27. In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury, and a slave convicted of a capital offence shall suffer the same degree of punishment, and no other, that would be inflicted on a white person for a like offence; and courts of justice, before whom slaves shall be tried, shall assign them counsel for their defence.

SEC. 28. Any person who shall maliciously deprive of life or dismember a slave, shall suffer such punishment as would be inflicted for the like offence if it were committed on a free white person.

SEC. 29. The governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, and all judges of the courts of law and equity, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust, or profit under this State. The party impeached, whether convicted or acquitted, shall, nevertheless, be liable to be indicted, tried, and punished according to law.

SEC. 30. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate; and, when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governor shall be tried, the presiding judge of the supreme court shall preside; and no person shall be convicted without the concurrence of two-thirds of all the senators present.

SEC. 31. A State treasurer shall be biennially appointed by joint vote of the two houses of the general assembly, who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the public money shall be annually published.

SEC. 32. The appointment of all officers, not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law; and all officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States, and of this State, and to demean themselves faithfully in office.

SEC. 33. The general assembly shall meet on the third Monday in September next; on the first Monday in November, eighteen hundred and twenty-one; on the first Monday in November, eighteen hundred and twenty-two, and thereafter the general assembly shall meet once in every two years, and such meeting shall be on the first Monday in November, unless a different day shall be appointed by law.

SEC. 34. No county now established shall ever be reduced, by the establishment of new counties, to less than twenty miles square; nor shall any county hereafter be established which shall contain less than four hundred square miles.

SEC. 35. Within five years after the adoption of this constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested, and promulgated, in such manner as the general assembly shall direct, and a like revision, digest, and promulgation shall be made at the expiration of every subsequent period of ten years.

SEC. 36. The style of the laws of this State shall be, “Be it enacted by the general assembly of the State of Missouri."

ARTICLE IV.

OF THE EXECUTIVE POWER.

SECTION 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled “The governor of the State of Missouri.”

SEC. 2. The governor shall be at least thirty-five years of age, and a natural-born citizen of the United States, or a citizen at the adoption of the Constitution of the United States, or an inhabitant of that part of Louisiana now. included in the State of Missouri at the time of the cession thereof from France to the United States, and shall have been a resident of the same at least four years next before his election.

SEC. 3. The governor shall hold his office for four years, and until a successor be duly appointed and qualified. He shall be elected in the manner following: At the time and place of voting for members of the house of representatives, the qualified electors shall vote for a governor; and when two or more persons have an equal number of votes, and a higher number than any person, the election shall be decided between them by a joint vote of both houses of the general assembly, at their next session.

SEC. 4. The governor shall be ineligible for the next four years after the expiration of his term of service.

SEC. 5. The governor shall be commander-in-chief of the militia and navy of the State, except when they shall be called into the service of the United States; but he need not command in person, unless advised so to do by a resolution of the general assembly.

SEC. 6. The governor shall have power to remit fines and forfeitures; and, except in cases of impeachment, to grant reprieves and pardons.

SEC. 7. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, and shall state to them the purposes for which they are convened.

SEC. 8. The governor shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the State.

SEC. 9. When any office shall become vacant, the governor shall appoint a person to fill such vacancy, who shall continue in office until a successor be duly appointed and qualified according to law.

SEC. 10. Every bill which shall have been passed by both houses of the general assembly shall, before it becomes a law, be presented to the governor for his approbation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, and the house shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall be in like manner reconsidered, and if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by yeas and nays; the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if the governor had signed it; unless the general assembly, by its adjournment, shall prevent its return, in which case it shall not become a law.

SEC. 11. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on cases of adjournment, shall be presented to the governor, and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill.

SEC. 12. There shall be an auditor of public accounts, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall continue in office four years, and shall perform such duties as may be prescribed by law, shall be kept at the seat of government,

SEC. 13. The governor shall, at stated times, receive for his services an adequate salary, to be fixed by law, which shall neither be increased nor diminished during his continuance in office, and which shall never be less than two thousand dollars annually.

SEC. 14. There shall be a lieutenant-governor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications as the governor. The electors shall distinguish for whom they vote as governor and for whom as lieutenant-governor.

SEC. 15. The lieutenant-governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate on all questions; and, when there is an equal division, he shall give the casting vote in senate, and also in joint votes of both houses.

SEC. 16. When the office of governor shall become vacant, by death, resignation, absence from the State, removal from office, refusal to qualify, impeachment, or otherwise, the lieutenant-governor, or, in case of like disability on his part, the president of the senate pro tempore, or, if there be no president of the senate pro tempore, the speaker of the house of representatives shall possess all the powers and discharge all the duties of governor, and shall receive for his services the like compensation, until such vacancy be filled, or the governor so absent or impeached shall return or be acquitted.

SEC. 17. Whenever the office of governor shall become vacant, by death, resignation, removal from office, or otherwise, the lieutenant-governor, or other person exercising the powers of governor for the time being, shall, as soon as may be, cause an election to be held to fill such vacancy, giving three months' previous notice thereof; and the person elected shall not thereby be rendered ineligible to the office of governor for the next succeeding term. Nevertheless, if such vacancy shall happen within eighteen months of the end of the term for which the late governor shall have been elected, the same shall not be filled.

SEC. 18. The lieutenant-governor, or president of the senate pro tempore, while presiding in the senate, shall receive the same compensation as shall be allowed to the speaker of the house of representatives.

SEC. 19. The returns of all elections of governor and lieutenant-governor shall be made to the secretary of state, in such manner as may be prescribed by law.

SEC. 20. Contested elections of governor and lieutenant-governor shall be decided by joint vote of both houses of the general assembly, in such manner as may be prescribed by law.

SEC. 21. There shall be a secretary of state, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall hold his office four years, unless sooner removed on impeachment. He shall keep a register of all the official acts and proceedings of the governor, and, when necessary, shall attest them; and he shall lay the same, together with all papers relative thereto, before either house of the general assembly, whenever required so to do; and shall perform such other duties as may be enjoined on him by law.

SEC. 22. The secretary of state shall, as soon as may be, procure a seal of state, with such emblems and devices as shall be directed by law, which shall not be subject to change. It shall be called “The Great Seal of the State of Missouri;” shall be kept by the secretary of state; and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.

SEC. 23. There shall be appointed in each county a sheriff and coroner, who, until the general assembly shall otherwise provide, shall be elected by the qualified electors, at the time and place of electing representatives. They shall serve for two years, and until a successor be duly appointed and qualified, unless sooner removed for misdemeanor in office, and shall be ineligible four years in any term of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election, and until a successor shall be duly qualified.

SEC. 24. When vacancies happen in the office of sheriff or coroner, they shall be filled by appointment of the governor; and the persons so appointed shall continue in office until successors shall be duly qualified, and shall not be thereby rendered ineligible for the next succeeding term.

SEC. 25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit courts of the counties respectively shall give the casting vote; and all contested elections for the said offices shall be decided by the circuit courts respectively, in such manner as the general assembly may by law prescribe.

ARTICLE V.

OF THE JUDICIAL POWER.

SECTION 1. The judicial powers, as to matter of law and equity, shall be vested in a supreme court, in a chancellor, in circuit courts, and in such inferior tribunals as the general assembly may from time to time ordain and establish.

SEC. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under the restrictions and limitations in this constitution provided.

SEC. 3. The supreme court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.

SEC. 4. The supreme court shall consist of three judges, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the State.

SEC. 5. The State shall be divided into convenient districts, not to exceed four; in each of which the supreme court shall hold two sessions annually, at such places as the general assembly shall appoint; and, when sitting in either district, it shall exercise jurisdiction over causes originating in that district only: Provided, however, That the general assembly may, at any time hereafter, direct by law that the said court shall be held at one place only.

SEC. 6. The circuit court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly. It shall hold its terms in such place in each county as may be by law directed

SEC. 7. The State shall be divided into convenient circuits, for each of which a judge shall be appointed, who, after his appointment, shall reside, and be a conservator of the peace, within the circuit for which he shall be appointed.

SEC. 8. The circuit courts shall exercise a superintending control over all such inferior tribunals as the general assembly may establish, and over justices of the peace in each county in their respective circuits.

SEC. 9. The jurisdiction of the court of chancery shall be coextensive with the State, and the times and places of holding its sessions shall be regulated in the same manner as those of the supreme court.

SEC. 10. The court of chancery shall have original and appellate jurisdiction in all matters of equity, and a general control over executors, administrators, guardians, and minors, subject to appeal, in all cases, to the supreme court, under such limitations as the general assembly may by law provide.

SEC. 11. Until the general assembly shall deem it expedient to establish inferior courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the court of chancery, in such manner and under such restrictions as shall be prescribed by law.

SEC. 12. Inferior tribunals shall be established in each county for the transaction of all county business, for appointing guardians, for granting letters-testamentary and of administration, and for settling the accounts of executors, administrators, and guardians.

SEC. 13. The governor shall nominate and, by and with the advice and consent of the senate, appoint the judges of the superior court, the judges of the circuit courts, and the chancellor, each of whom shall hold his office during good behavior, and shall receive for his services a compensation, which shall not be diminished during his continuance in office, and which shall not be less than two thousand dollars annually.

SEC. 14. No person shall be appointed a judge of the supreme court, nor of a circuit court, nor chancellor, before he shall have attained to the age of thirty years, nor shall any person continue to exercise the duties of any of said offices after he shall have attained to the age of sixty-five years.

SEC. 15. The courts respectively shall appoint their clerks, who shall hold their offices during good behavior. For any misdemeanor in office they shall be liable to be tried and removed by the supreme court, in such manner as the general assembly shall by law provide.

SEC. 16. Any judge of the supreme court, or of the circuit court, or the chancellor, may be removed from office on the address of two-thirds of each house of the general assembly to the governor for that purpose, but each house shall state on its respective journal the cause for which it shall wish the removal of such judge or chancellor, and give him notice thereof, and he shall have the right to be heard in his defence in such manner as the general assembly shall by law direct; but no judge or chancellor shall be removed in this manner for any cause for which he might have been impeached.

SEC. 17. In each county there shall be appointed as many justices of the peace as the public good may be thought to require. Their powers and duties and their duration in office shall be regulated by law.

SEC. 18. An attorney-general shall be appointed by the governor, by and with the advice and consent of the senate. He shall remain in office four years, and shall perform such duties as shall be required of him by law.

SEC. 19. All writs and process shall run and all prosecutions shall be conducted in the name of the State of Missouri; all writs shall be tested by the clerk of the court from which they shall be issued, and all indictments shall conclude, “against the peace and dignity of the State.”

ARTICLE VI.

OF EDUCATION.

SECTION 1. Schools and the means of education shall forever be encouraged in this State; and the general assembly shall take measures to preserve from waste or damage such lands as have been, or hereafter may be, granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant; and one school or more shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis.

SEC. 2. The general assembly shall take measures for the improvement of such lands as have been, or hereafter may be, granted by the United States to this State for the support of a seminary of learning, and the funds accruing from such lands, by rent or lease, or in any other manner, or which may be obtained from any other source, for the purposes aforesaid, shall be and remain a permanent fund to support a university for the promotion of literature and of the arts and sciences, and it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such institution.

ARTICLE VII.

OF INTERNAL IMPROVEMENT.

Internal improvement shall forever be encouraged by the government of this state, and it shall be the duty of the general assembly, as soon as may be, to make provision by law for ascertaining the most proper objects of improvement, in relation both to roads and navigable waters; and it shall also be their duty to provide by law for a systematic and economical application of the funds appropriated to these objects.

ARTICLE VIII.

OF BANKS.

The general assembly may incorporate one banking company, and no more, to be in operation at the same time.

The bank to be incorporated may have any number of branches not to exceed five, to be established by law, and not more than one branch shall be established at any one session of the general assembly. The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one-half of which shall be reserved for the use of the State.

ARTICLE IX.

OF THE MILITIA.

SECTION 1. Field-officers and company-officers shall be elected by the persons subject to militia duty within their respective command. Brigadiers-general shall be elected by the field-officers of their respective brigades, and majors-general by the brigadiers and field-officers of their respective divisions, until otherwise directed by law.

SEC. 2. General and field officers shall appoint their officers of the staff.

SEC. 3. The governor shall appoint an adjutant-general, and all other militia officers whose appointments are not otherwise provided for in this constitution.

ARTICLE X.

OF MISCELLANEOUS PROVISIONS.

SECTION 1. The general assembly of this State shall never interfere with the primary disposal of the soil of the United States, nor with any regulation Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States, nor shall lands belonging to persons residing out of the limits of this state ever be taxed higher than the lands belonging to persons residing within this state.

SEC. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said State, so far as the said river shall form a common boundary to the said State and any other State or States, now or hereafter to be formed, and bounded by the same; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this State, shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, impost, or toll thereof imposed by the State.

ARTICLE XI.

OF THE PERMANENT SEAT OF GOVERNMENT.

SECTION 1. The general assembly, at their first session, shall appoint five commissioners for the purpose of selecting a place for the permanent seat of government, whose duty it shall be to select four sections of the land of the United States which shall not have been exposed to public sale.

SEC. 2. If the commissioners believe the four sections of land, so by them to be selected, be not a suitable and proper situation for the permanent seat of government, they shall select such other place as they deem most proper for that purpose, and report the same to the general assembly at the time of making their report, provided for in the first section of this article: Provided, That no place shall be selected which is not situated on the bank of the Missouri River, and within forty miles of the mouth of the river Osage.

SEC. 3. If the general assembly determine that the four sections of land which may be selected by authority of the first section of this article be a suitable and proper place for the permanent seat of government, the said commissioners shall lay out a town thereon, under the direction of the general assembly; but if the general assembly deem it most expedient to fix the permanent seat of government at the place to be selected by authority of the second section of this article, they shall so determine, and in that event shall authorize the said commissioners to purchase any quantity of land, not exceeding six hundred and forty acres, which may be necessary for the purpose aforesaid; and the place so selected shall be the permanent seat of government of this State from and after the first day of October, one thousand eight hundred and twenty-six.

SEC. 4. The general assembly, in selecting the above-mentioned commissioners, shall choose one from each extreme part of the State, and one from the centre, and it shall require the concurrence of at least three of the commissioners to decide upon any part of the duties assigned them.

ARTICLE XII.

MODE OF AMENDING THE CONSTITUTION.

The general assembly may at any time propose such amendments to this constitution as two-thirds of each house shall deem expedient; which shall be published in all the newspapers published in this State three several times, at least twelve months before the next general election; and if, at the first session of the general assembly after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid, to all intents and purposes, as parts of this constitution: Provided, That such proposed amendments shall be read on three several days, in each house, as well when the same are proposed as when they are finally ratified.

ARTICLE XIII.

DECLARATION OF RIGHTS.

That the general, great, and essential principles of liberty and free government may be recognized and established, we declare

SECTION 1. That all political power is vested in, and derived from, the people.

SEC. 2. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their constitution and form of government whenever it may be necessary to their safety and happiness.

SEC. 3. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the State cannot be questioned.

SEC. 4. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can be compelled to erect, support, or attend any place of worship, or to maintain any minister of the gospel or teacher of religion; that no human authority can control or interfere with the rights of conscience; that no person can ever be hurt, molested, or restrained in his religious profession or sentiments, if he do not disturb others in their religious worship.

SEC. 5. That no person, on account of his religious opinions, can be rendered ineligible to any office of trust or profit under this State; that no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established in this State.

SEC. 6. That all elections shall be free and equal.

SEC. 7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay; and that no private property ought to be taken or applied to public use without just compensation.

SEC. 8. That the right of trial by jury shall remain inviolate.

SEC. 9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusations; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a speedy trial, by an impartial jury of the vicinage; that the accused cannot be compelled to give evidence against himself; nor be deprived of life, liberty, or property but by the judgment of bis peers, or the law of the land.

SEC. 10. That no person, after having been once acquitted by a jury, can, for the same offence, be again put in jeopardy of life or limb; but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of such court.

SEC. 11. That all persons shall be bailable by sufficient sureties, except for capital ofFences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus cannot be suspended, unless when, in cases of rebellion or invasion, the public safety may require it

SEC. 12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 13. That the people ought to be secure in their persons, papers, houses, and effects from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, can issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation.

SEC. 14. 'That no person can, for an indictable offence, be proceeded against criminally, by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.

SEC. 15. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood, or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof.

SEC. 16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court.

SEC. 17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operations, can be passed; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors in such manner as may be prescribed by law.

SEC. 18. That no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to militia duty, or compelled to bear arms.

SEC. 19. That all property, subject to taxation in this State, shall be taxed in proportion to its value.

SEC. 20. That no title of nobility, hereditary emolument, privilege, or distinction shall be granted; nor any office created, the duration of which shall be longer than the good behavior of the officer appointed to fill the same.

SEC. 21. That emigration from this State cannot be prohibited.

SEC. 22. That the military is, and in all cases and at all times shail be, in strict subordination to the civil power ; that no soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in such manner as may be prescribed by law; nor can any appropriation for the support of any army be made for a longer period than two years.

SCHEDULE.

SECTION 1. That no inconvenience may arise from the change of government, we declare, that all writs, actions, prosecutions, judgments, claims, and contracts of individuals and of bodies-corporate shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the Territory of Missouri shall be as valid as if issued in the name of the State.

SEC. 2. All laws now in force in the Territory of Missouri, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

SEC. 3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Missouri, shall accrue to the use of the State.

SEC. 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to and may be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his official capacity, shall pass over to the governor, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the State. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the Territory of Missouri may be commenced in or transferred to any court of record of the State which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court of chancery.

SEC. 5. All officers, civil and military, now holding commissions under the authority of the United States, or of the Territory of Missouri, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the State; and all such officers holding commissions under the authority of the Territory of Missouri shall receive the same compensation which they hitherto received, in proportion to the time they shall be so employed.

SEC. 6. The first meeting of the general assembly shall be at Saint Louis, with power to adjourn to any other place; and the general assembly, at the first session thereof, shall fix the seat of government until the first day of October, eighteen hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members thereof; anything in the constitution to the contrary notwithstanding.

SEC. 7. Until the first enumeration shall be made, as directed in this constitution, the county of Howard shall be entitled to eight representatives, the county of Cooper to four representatives, the county of Montgomery to two representatives, the county of Lincoln to one representative, the county of Pike to two representatives, the county of Saint Charles to three representatives, the county of Saint Louis to six representatives, the county of Jefferson to one representative, the county of Washington to two representatives, the county of Saint Genevieve to four representatives, the county of Cape Girardeau to four representatives, the county of New Madrid to two representatives, the county of Madison to one representative, the county of Wayne to one representative, and that part of the county of Saint Lawrence situated within this State, shall attach to and form part of the county of Wayne until otherwise provided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the third section of the third article thereof, shall be eligible to the house of representatives, anything in this constitution to the contrary notwithstanding.

SEC. 8. For the first election of senators, the State shall be divided into districts, and the apportionment shall be as follows, that is to say, the counties of Howard and Cooper shall compose one district and elect four senators, the counties of Montgomery and Franklin shall compose one district and elect one senator, the county of Saint Charles shall compose one district and elect one senator, the counties of Lincoln and Pike shall compose one district and elect one senator, the county of Saint Louis shall compose one district and elect two senators, the counties of Washington and Jefferson shall compose one district and elect one senator, the county of Saint Genevieve shall compose one district and elect one senator, the counties of Madison and Wayne shall compose one district and elect one senator, the counties of Cape Girardeau and New Madrid shall compose one district and elect two senators; and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county to the clerk of the county first named, within five days after he shall have received the same; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third article thereof, shall be eligible to the senate of this State, anything in this constitution to the contrary notwithstanding.

SEC. 9. The president of the convention shall issue writs of election to the sheriffs of the several counties, or in case of vacancy to the coroners, requiring them to cause an election to be held on the fourth Monday in August next, for a governor, a lieutenant-governor, a Representative in the Congress of the United States, for the residue of the Sixteenth Congress, a Representative for the Seventeenth Congress, senators and representatives for the general assembly, sheriffs and coroners, and the returns of all township elections, held in pursuance thereof, shall be made to the clerks of the proper county within five days after the day of election; and any person who shall reside within the limits of this State at the time of the adoption of this constitution, and who shall be otherwise qualified as prescribed in the tenth section of the third article thereof, shall be deemed a qualified elector, anything in this constitution to the contrary notwithstanding.

SEC. 10. The elections shall be conducted according to the existing laws of the Missouri Territory. The clerks of the circuit courts of the several counties shall certify the returns of the election of governor and lieutenant-governor, and transmit the same to the speaker of the house of representatives, at the temporary seat of government, in such time that they may be received on the third Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives, and the president pro tempore of the senate, shall, in the presence of both houses, examine the returns, and declare who are duly elected to fill those offices; and if any two or more persons shall have an equal number of votes, and a higher number than any other person, the general assembly shall determine the election in the manner herein provided; and the returns of the election for members of Congress shall be made to the secretary of the State within thirty days after the day of election.

SEC. 11. The oaths of office, herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

SEC. 12. Until a seal of the State be provided, the governor may use his private seal.

DAVID BARTON, President.
W. G. PETTUS, Secretary.
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* This constitution was framed by a convention which met at Saint Louis June 12, 1820, and completed its labors July 19, 1820. It was ratified by the people at the ensuing election.

SOURCES: Benjamin Perley Poore, Compiler, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, Part 2, p. 1104-17