Year: 1864

GERS to be created under this Dill shOulQ
be commissioned by certificates issued
by the Auditor, Treasurer. Secretary and
Attorney General of State, and dispens-
ed with commissions issued by the Gov


ernor, as is required by the Constitution
Of the State.


Fourth. 1t provided that the above
named State officers should have power
to appoint all Major and Brigadier Cen


erals, and conferred upon the officers thus


appointed the power to select a numer-
Gus and expensive staff


Fifth. 1t provided that the four State
officers, upon the requisition of the Brig


adler Generals, should issue the arms to
such persons as might be agreed upon
4 without requiring bonds to be given for
their preservation and return, and could
thus be placed in the hands OF irrespon-
sible parties for revolutionary and trea-
sonable purposes.


Sixth. Itprovided for the repeal of
the present Legion law, the dissolution of
4 all brigades, regiments and companies
formed under that law, the surrender of
| their arms into the hands of the agents
/ to appointed by the four State officers,
and rendered null and void all outstand-
ing commissions in the State.
/ In short, this bill transferred to the
four Slate officers the military power
which was vested in the Governor by the
Constitution, and gave to them new and
dangerous powers hitherto unknown to
Constitutions or laws in regularly organ
lied Governments.


They were to become four Grand Com
manders, Military Directory, quad
ruple Executive.


The bill was defective in one particu-
lar, for it failed to provide for the con-
tingency of two of these Executive
Heads differing from the other two. 1t
should have made provision in such case
for referring a disputed matter to JUS
tice of the Peace or the decision of a
Coroner's jury Laughter


The Legislative history of this bill
could not be better given than in Ian
guage employed by the Union members
People of the State:


ACTION OF THE MINORITY.


''The Military bill had come from the
midnight caucus to the House, had been
printed and forced to it's engrossment
without the change of word or letter;
all amendme ITS and substitutes had been
voted down; all references to committees
had been refused, although every bill of





second reading had been referred to some
committee; the previous question sus-
tanned, the gag applied, and all debate
cut off, and the bill engrossed. Nothing
was left for us but to sit by and see this
infamous measure passed through, the
revolution consummated and civil war be
gun, or to quietly retire and leave the
House without quorum, there was no
other peaceful and constitutional remedy.
If it had been left to the Courts to annul
it, before the question could have been
determined the law would have done its
work.


The military power once in the hands
of the conspirators, it would be matter
of no Importance what the courts might
decide; and if the question took the
course of others before the Supreme
Court, it might be months or years be
fore the decision was made. The path
of duty was the path of safety, and we
had no doubt nor hesitation as to the
course we should pursue.


I'VE were willing and anxious, and re-
peatedly proposed to the ma jority to re-
turn and pass the appropriation bills,
with all other legitimate and lawful leg
islation; but they replied to us contempt
uously that .'they intended to pass every



took up the appropriation bills"


The Military bill violated absolutely
no loss than seven plain and vital provi-
sions of the Constitution. and subverted
entirely the scheme of Government in
vented by the trainers of that instru-
ment. Its passage would have been an
act of revolution inevitably attended by
civil war and collision with the Gov
ernment of the United States


There were doubtless Il number of
Democratic members in the Senate who
did not sympathize with the conspiracy,
and who deprecated the desperate meas
ures in progress. But the Union mem
bers Of both Houses believed that If it
passed the House it would pass the Sen
ate. The action of the majority was
predetermined in secret caucus from time
to time, and the party lash laid unspair
ingly upon the backs of all who dared
to talk of doubts or hesitated at the fear
full schemes of the reckless leaders who
were dietatingthc action of the party.


The Legislature was in session fifty
out of the fifty nine Legislative days.
with quorum present in each House,
during which time. as before stated. no
appropriation bills were brought for
ward except for their own per diem and
mileage, and the Union members with
drew from the House, only after every
other means had been exhausted to pre-
vent the passage of the fatal measure
Thus ended this Legislature, having
made the worst record. perhaps. ever
made by any Legislative Assembly in
the United States Loud cheers.
THE BENEVOLENT INSTITUTIONS.
Immediately upon the adjournment of
the Legislature it was announced by the
State officers that there were no apropri-
ations for carrying on the benevolent in
stitutions and the penitentiaries, and
that no money could be drawn from the
Treasury for that purpose. 1t was the
confident expectation that I would call
back the Legislature or suspend :he OPP
erations of all these institutions-but 1
determined 10 do neither. To have cal
! led back the Legislature would have been
an act of madness for which / should
have been condemned by every true man
+ in the State. To have suspended the
/ Benevolent Institutions and scattered the
unfortunate inmates abroad. would have
been an act of inhumanity, disgraceful
/ to the State and to all parties concerned.