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Court' would proceed to hear cases? To this Mr. Wagner responded that 'the Court' had not yet considered that matter, but would do so in a few days.

"Immediately after the eviction of Judges Bay and Dryden, Gen. Coleman demanded possession from Mr. A. W. Mead, Clerk of the Supreme Court, of the books, records, seal, etc., belonging to the court, with which order he necessarily complied, and thus had his official career as 'summarily interrupted as was that of the Judges themselves."

On the next day the complainants did not appear before the Recorder's Court, and the persons arrested were discharged.

It was objected to these proceedings that the vacating ordinance was not within the scope of the act calling the Convention, and therefore beyond the power of the Convention to adopt; that it had never been submitted to the people, nor incorporated in or made a part of the Constitution which had been submitted; that it was the business of the courts to pass on the constitutionality of laws, and not that of the Governor; that it belonged to the old court and not to the new one to decide the question, or the whole theory of liberty, based on a constitutional judiciary, passes away, etc. There was also an interference of the military with courts in other parts of the State. Subsequently a civil suit was commenced in the Circuit Court by Judge Dryden against the Governor and General and others for unlawful interference while in the discharge of their duties, and asking as damages $50,000. It had not reached a decision at the close of the year.

The oath required of professional men, also created much excitement. The Missouri Baptists, at their thirteenth annual meeting, held on August 19th and 20th, agreed to decline taking the oath required of ministers and teachers by the new Constitution. About fifty members were present. The reasons for this action were briefly that the oath was in conflict with the Constitution of the United States; interfered with the freedom of worshipping God; was ex post facto in its operations, and made every minister who refused to take it become a witness against himself; that the oath was unjust and unequal in its operations; that its purpose was to punish ministers for what was really no crime against any human law; that to take it was to acknowledge an authority in the State that does not belong to it, and that human authority was above divine. The Catholic Archbishop of St. Louis addressed the following letter to his clergy :

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ST. LOUIS, August 29, 1865.

Editors Missouri Democrat.
A friend has called my attention to the following in
your paper of Monday, the 28th:

We learn that Bishop Hawks, of the Episcopal Church in this State, has advised the clergy of his diocese to take the constitutional oath, or if they cannot conscientiously do so, to abandon preaching in this State.

I do not know who authorized you to say so much. My real position is this:

I am opposed to the oath pressed upon the clergy, commission. In my judgment it does not. If I not because by it the State înfringes upon my divine thought that it did, I would never take the oathand I have taken it. My opposition is that it is retrospective in its action, and that it also singles out particular classes for its application.

there are many of various Christian denominations My advice to all clergymen who have asked it (and who have done so) has been always-If you can take the oath conscientiously, do so; if not, then do not take it.

Of the wisdom of the Convention in framing and ordering such an oath I say nothing-my view is manifest. I hope that it may soon be repealed, and that in the mean time the civil authority will not attempt to enforce it. Yours respectfully,

C. O. HAWKS. A number of prosecutions were commenced against non-juring clergymen, who were in the meanwhile confined in the cells of prisons.

Members of the legal profession were also required to take the oath. At the September term of the criminal court in St. Louis, Judge Prim, after opening the court, informed the attorneys present, that he considered it to be his duty to declare, that no person would be permitted to practise as an attorney or counsellorat-law in the court, without having taken and filed the oath of loyalty prescribed by the Constitution. In his opinion the courts had always been the judges of the qualifications of attorneys, that is, whether they had complied with the requirements of the law before engaging in practice, and it was the duty of the courts now, as heretofore, to permit no person to practice who was not a legally constituted attorney. Robert McDonald then addressed the court, expressing the opinion, that this action amounted to a prejudgment of the rights of parties who might be arraigned for trial before it, for a refusal to take, subscribe, and file the oath. The cases set for trial were postponed one or two days, but the court proREVEREND SIR: Since under the new Constitution ceeded to swear the panel of grand jurors, a certain oath is to be exacted of priests, that they when three of the jurors objected to being may have leave to announce God's word, and officiate sworn. One objected, that in 1861 he was at marriages, which oath they can in nowise take loyal to the United States, but sought to sub without a sacrifice of ecclesiastical liberty, I have vert the State Government under Gov. Jackjudged it expedient to indicate to you my opinion in the matter, that you may have before your eyes a Another was opposed to the provisions rule to be followed in a case of this delicacy. I hope of the Constitution, believed the instrument that the civil power will abstain from exacting such was contradictory and in contravention to the

ST. LOUIS, 28th July, 1865.

son.

Constitution of the United States. A third stated that his conscience would not permit him to indict a minister who had failed to take the oath for preaching the gospel, and therefore was not competent to sit as a grand juror, especially as this question would probably be before the jury. The court refused to excuse them, stating that the reasons assigned by them were not valid, and that they were not judges of their disqualifications. The court then charged the grand jury, and upon a review of the sections of the Constitution arrived at the following conclusions:

1st. That the office of any officer or person referred to in the third section becomes vacant at once, by a failure on the part of such officer or person to take, subscribe, and file the oath of loyalty in the proper archive, within sixty days from the 4th day of July, 2d. That any such officer or person, who, after the expiration of the said sixty days, shall hold or exercise his office without having taken, subscribed, and filed the oath of loyalty, is liable to fine or imprison

1865.

ment, or both.

3d. That after the expiration of said sixty days, no person shall assume the duties of any State, county, city, town, or other office to which he may be appointed, otherwise than by a vote of the people; and no person shall be permitted to practise as an attorney or counsellor-at-law; and no person shall be competent as a bishop, priest, deacon, minister, elder, or other clergyman of any religious persuasion, sect, or denomination, to teach or preach, or solemnize marriages, without having first taken, subscribed, and filed the oath of loyalty, under the penalty of fine and imprisonment as before stated; and,

4th. That persons taking the oath of loyalty falsely, by swearing or affirmation, are liable to be adjudged guilty of perjury, and to be punished by imprisonment in the penitentiary for a term of not less than two years.

The Judge further added:

But I charge you that it is your sworn duty to enforce this law, by presenting all offenders against its provisions, no matter what their estate or condition. Some of you, too, may possibly entertain similar opinions; but such opinions must yield to the mandates of a law which your oath requires you to enforce, and which it is not within your competency to repeal or invalidate.

Before the adjournment of the court a motion was made to set aside the rule. This motion, after argument on a subsequent day, was overruled by the court.

The operation of the law was very unequal. In some cases grand juries adjourned without finding indictments against a minister, teacher, corporation officer, trustee, deacon, or elder. In other cases individuals made complaints before justices of the peace against teachers, male and female, who had not taken the oath. Many of the clergy, especially Catholic, were cast into prison.

Maj.-Gen. Pope, who was in command of the Department, adopted the policy of withdrawing the military force as fast as the people gave a sign of their willingness to return to the protection of the courts, and to enforce and obey the laws. In August, the number of military posts had been reduced to less than a dozen, which were kept up chiefly for the protection

of Government property. Martial law was nowhere applied to any but strictly military offences, and practically was, at this early day, at an end.

On November 1st, the total receipts into the treasury for the fiscal year ending September 30, 1865, were $2,463,909.03, and total expenditures $1,854,661.77, leaving a balance in the treasury of $609,247.26, of which balance $105,535.28 was in currency, and $503,711.98 in Union military bonds and other issues of the State. The total bonded debt of the State, exclusive of bonds loaned the several railroads, was $602,000, of which amount $402,000 matured in 1862 and 1863. For these matured bonds, in pursuance of an act of January 2, 1864, new bonds, having twenty years to run, to the amount of $260,000, had been exchanged. The total amount of bonds of the State loaned to the railroads, including the bonds guaranteed by the State, was $23,701,000, on which the accrued and unpaid interest up to January, 1866, was $1,307,780. The amount of the war debt of the State reached $7,546,575. This debt was incurred by the State for the payment of the six months' militia, the enrolled militia, and the different organizations called out by the order of the Federal commanders. Of the gross amount, the sum of $3,016,657 had been paid or cancelled. It was in progress of payimmediately benefited by the objects for which ment by the increased taxation upon persons the debt was incurred. It was believed that within two years the entire debt would be extinguished.

The railroads of the State continued to progress. The one from St. Louis to the western State line, known as the Pacific Railroad, was completed during the year. The Southwest Branch and Iron Mountain became by the oper ation of law the property of the State; and the Governor, in a message to the Legislature, recommended its sale on such terms as would insure its completion. The liability of the State on account of the road was $4,000,000, with overdue interest amounting to $1,350,000. The construction of 550 miles of road, in addition to that built on this route, would connect St. Louis with Galveston.

The Governor urged upon the Legislature the creation of a Department of Agriculture in connection with the State University. This measure is required by the new Constitution. The grant of Congress to the State, for the endowment of an Agricultural College, amounts to 330,000 acres of land.

By the new Constitution, it is provided that the right of suffrage of every male now ten years of age, shall depend upon his ability to read and write when he becomes twenty-one. The Governor urges the Legislature to avail themselves of the power granted by the Constitution to compel parents to send their children to school. The Constitution also directs the establishment and maintenance of a State University, with departments for instructieu in

agriculture and the natural sciences, and a normal professorship. The State University at Columbia is situated in the central and a fertile portion of the State. The buildings are large, substantial, and elegant, and were erected without cost to the State. This institution is endowed with the fund arising from the sale of the land granted by the act of Congress of March 6, 1820, to the State, for the use of a seminary of learning. Of this fund $1,000,000 is invested in the stock of the State Bank of Missouri, and 20,000 in the stock of the Branch Bank of Chillicothe. The sixth section of the ninth article of the Constitution requires that this stock should be sold or invested in United States or other securities.

The University, notwithstanding the small amount derived for its support from the dividend of three per cent. per annum declared by the State Bank, is in a healthy and flourishing condition, maintaining a high rank among the institutions of learning in the West.

The State holds in trust for the Common School Fund $678,967.96, which is invested in stock of the State Bank of Missouri. The Constitution requires that this stock shall be sold.

The Missouri Military Institute, provided by the act of May 13, 1861, has not been organized. The Governor has not been able to find the deed contemplated by the eleventh section of that act, the delivery of which to the Governor is a condition precedent to the taking effect of the law. The buildings which were erected by the Masonic Order at a large cost have been almost entirely destroyed by the acts of the public enemy.

A board of emigration, created by an act of the Legislature of the previous year, has been engaged for six months in disseminating in the other States and in Europe information concerning the peculiarities and capabilities of the soil of the State, the numerous localities of the minerals, extent of timber, availability of watercourses, nature of the climate, and opportunities for education. The peaceful attitude which public affairs, soon after the war, assumed, greatly aided the people in recovering from their disasters.

MORNY, CHARLES AUGUSTE LOUIS JOSEPH, Duc de, President of the French Legislative body, born in Paris, October 23, 1811, died in that city, March 10, 1865. His parentage was purposely involved in mystery, but he is generally understood to have been the illegitimate child of Queen Hortense, the mother of Louis Napoleon, and the Count de Flahault, and thus a half brother of the Emperor. He was brought up under the care of his grandmother, Madame de Sousa, and was early remarked for his proficiency in his studies and the elegance of his manners; and to give him a position in society, the Count de Morny, a nobleman resident in the Isle of France, was induced to adopt him as his son, receiving the sum of 800,000 francs for the act. At the age of nineteen the young Count was placed at a military school, and

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after two years received his commission as sublieutenant in a regiment of lancers then quartered at Fontainebleau; here he showed the versatility of his mind by frequenting the library of the palace, where for a time he devoted his attention to theological and metaphysical studies. He soon after joined the French army in Africa, where he took part in the expedition to Mascara and the siege of Constantine. At Mascara he performed the feat of crossing the whole army of Abd-el-Kader to join that of the French; at Constantine he was wounded with four balls, and at the end of the campaign was nominated Chevalier of the Legion of Honor, for having saved the life of General Trezel beneath the walls of that stronghold. In 1837 Queen Hortense died, leaving him an annuity of 40,000 francs, and soon after he retired from the army, and with his capital plunged into commercial speculations, his first essay being as a manufacturer of beet-root sugar at Clermont. He subsequently engaged in other speculations, with more or less success. In 1842 he was elected to the Chamber of Deputies for Puy-de-Dome, and, after eight years' service, was elected to the Legislative Assembly, when he at once identified himself with the policy of Louis Napoleon. During the coup d'état he was one of the few who were in the confidence of the Emperor, and was one of his most effective assistants in its consummation. After that event he held the office of Minister of the Interior, being appointed December 2, 1851, but resigned his position January 23, 1852, on account of the confiscation of the property of the Orleans family. Subsequently he became a member of the Legislative Body, and from 1854 to the time of his death officiated as its president. In 1857 the Count was sent to Russia as ambassador extraordinary to represent the French Emperor at the coronation of the Czar, when the relations between the two Governments were restored to an amicable footing, and a treaty of commerce negotiated. During his stay in Russia, M. de Morny married the young and wealthy Princess Troubetskoi, who had been brought up at the institution of the imperial maids of honor. As a wedding present, he is said to have given his bride diamonds costing 2,000,000 francs. He also purchased, in the name of his wife, a seignorial estate belonging to the Sevlosky family, situated about twelve miles from St. Petersburg. Political affairs, however, by no means claimed his exclusive attention; on the contrary, for the last ten years he was associated in numerous industrial undertakings, and entered largely into important speculations connected with railroads, canals, mines, credit, societies, etc. He had also a decided taste for paintings, of which he had gathered quite a valuable collection. Of his political character, it may be said that he exercised no useless tyranny. His strategy consisted in profiting by circumstances, and demeaning himself courteously toward those he

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