Missouri secession
Encyclopedia
During the American Civil War
, the secession of Missouri was controversial because of the disputed status of the state of Missouri
. During the war, Missouri was claimed by both the Union
and the Confederacy
, had two competing state governments
, and sent representatives to both the United States Congress
and the Confederate Congress
. This unusual situation, which also existed to some degree in the states of Kentucky and Virginia (with
West Virginia), was the result of events in early 1861.
, a Southern sympathizer who favored secession
. At his inauguration (months before the war started at Fort Sumter
) Jackson requested the authorization of a state constitutional convention in order to consider the relationship between Missouri and the Federal government. A special referendum approved the Missouri constitutional convention
and delegates were elected. Contrary to Jackson's expectations, no avowed secessionist delegates were elected. In February, Governor Jackson unsuccessfully argued for Missouri's secession before the State Constitutional Convention convened to debate the issue under the leadership of former governor Sterling Price
. Most of Missouri, like Price, held "conditional Unionist" beliefs at this point, meaning they did not favor secession but did not support the North imposing war on or coercing the Southern
states either.
Captain Nathaniel Lyon
, a vocal member of the Radical Republicans, was transferred to Missouri and stationed at the St. Louis Arsenal
, but was denied command of that post. The arsenal was under the command of Major General
William S. Harney
and was directly supervised by Major
Peter V. Hagner
, both moderates who were considered levelheaded by the James Buchanan
administration. Lyon by contrast had a reputation as an outspoken political radical, and would soon validate that reputation in the eyes of the Missouri government.
The St. Louis Arsenal, containing one of the largest caches of military supplies in the West
, was sought by both the Union and Confederate armies. Several plots to obtain control of its arms were initiated in early 1861 by paramilitary
organizations from both sides. The secessionist group was called the "St. Louis Minute Men." A Radical Republican paramilitary group from the 1860 campaign known as the Wide Awakes
was also enlisted with plans to take the arsenal. The Wide Awakes were organized under great secrecy by Congressman Frank Blair, an ally of Abraham Lincoln
with powerful connections to the incoming president through his brother Montgomery Blair
.
Lyon was also an old political ally of Blair and secretly supported the Wide Awakes plot to seize the arsenal. After Lincoln called for Union troops in preparation for the Civil War, Lyon recognized an opportunity to provide the Wide Awakes the arms they desired by mustering them into the Federal army. Up until that point, the Wide Awakes had limited arms, consisting only of what they successfully smuggled into Missouri from Illinois
. As of March however, Hagner still supervised the arsenal and Harney still commanded the Department of the West. Neither Hagner nor Harney were supportive of Lyon's plans with the Wide Awakes, and Hagner denied Lyon's attempts to release the arsenal's weapons to themhttp://www.thehistorynet.com/acw/blstrugglestlouis/index1.html. As soon as Lincoln was inaugurated, Lyon began exerting pressure on the president through the politically connected Blair to have himself named the new commander of the arsenal.http://www.missouricivilwarmuseum.org/documents/11mar1861.htm
After Hagner denied Lyon's request, the ambitious captain threatened to "pitch him in the river" and asked Blair to arrange for the major's replacement with himself. Blair promptly did so and, as an added assurance, secured orders for Harney to travel to Washington for consultations with the War Department. With Lyon's control of the arsenal now unimpeded, he opened its gates to several Wide Awake "reinforcements" around midnight on April 21.
This action set the stage for Lyon's arrest of a Missouri State Militia encampment near St. Louis on May 10 and the ensuing riot known as the Camp Jackson Affair when the militiamen were paraded as prisoners toward the arsenal, much to the outrage of gathering civilian mobs. The deaths at St. Louis set off the first serious push for secession in Missouri and was harshly condemned by the state legislature and Price, the President of the now-adjourned State Convention. Both had previously resisted Jackson's call for secession and requests for more control over the state militia. After the massacre though, the legislature authorized Jackson to reorganize the militia into the Missouri State Guard
and appointed Price as its commander.
Harney returned from Washington on May 12 and immediately attempted to alleviate the commotion caused by Lyon's actions two days earlier. On May 16, responding to requests from the Mayor of St. Louis to have Lyon relieved of his post in Missouri, Attorney General
Edward Bates
presented two representatives of the city to President Lincoln. Frank Blair's brother and Postmaster General Montgomery Blair and War Secretary Simon Cameron
intervened on Lyon's behalf, urging Lincoln to retain him. Lincoln sided with the Blairs and Cameron. A week later Harney met with Price and drafted the Price-Harney Truce
, reading
The truce temporarily alleviated the mounting hostilities in Missouri but also left Lyon and Blair discontent. Blair, however, had obtained a trump card the previous month when Lincoln reluctantly authorized Blair to dismiss Harney from command at Blair's discretion. Blair did so on May 30 and orchestrated the promotion of Lyon to be Harney's successor. Facing reassignment, Harney pleaded with the Lincoln administration to continue cooperation in good faith with Price and protested the acts of unnamed persons - a likely reference to Blair and Lyon - "who clamored for blood have not ceased to impugn my motives."http://www.missouricivilwarmuseum.org/documents/5june1861-harney.htm
Jackson, Price, and their staff promptly returned to Jefferson City where the Governor issued a proclamation declaring that it was still the duty of all Missourians "to obey all the constitutional requirements of the Federal Government" but also that they were "under no obligation whatever to obey the unconstitutional edicts of the military despotism" and its "wicked minions," referring to Lyon, who he said should be driven from the state.http://www.missouricivilwarmuseum.org/documents/jackson-june12proclamation.htm However, the President had exercised his constitutional authority to declare an insurrection as a result of Fort Sumter, and he had called for state volunteers under existing Federal law.
In the meantime, Lyon prepared for a rapid advance on Jefferson City. The State government and legislature, fearing for its safety, began an exodus to nearby Boonville, Missouri
, which was deemed more defensible from a military perspective. Price, as commander of the state militia, followed from the rear destroying bridges to slow Lyon's advance.
Lyon captured the capital on June 15, but only two state officers including Attorney General J. Proctor Knott
remained.
Knott, the elected Attorney General, was still in Jefferson City but soon found himself under arrest and then deposed for refusing to take an oath to the second state government.
A series of skirmishes and battles between the Missouri State Guard and Union troops dominated the summer as Jackson's government fled to the southwest, culminating in the Battle of Wilson's Creek
.
In the fall, Jackson's government set up a provisional capital and convened in the town of Neosho, Missouri
. On October 28, the legislature took up a bill for Missouri's secession from the Union, citing various "outrages" committed against the state and the overthrow of its government by Lyon. The bill was passed on October 30, and on October 31, it was signed by Governor Jackson.
The Neosho Secession Ordinance has long been a source of mystery for historians due to the unusual circumstances surrounding it. Ironically, the authority to secede had originally been given by the legislature to the State convention based upon the idea that a constitutional rewrite might have been needed for an ordinance of secession to be passed. It is unclear whether the legislature had the authority to secede under State, if not Federal law, without the direction of the convention. At the same time, however, it is questionable as to whether the State Constitutional convention had the legal power to expel both the entire executive and legislature from office and appoint new State officers, especially considering that at that specific point in time, no ordinance of secession had been passed, and it was legally nebulous whether any of the previous officers had committed treason or any other impeachable offense. Questions remain unresolved to this day as to whether Jackson's secessionist government or Gamble's provisional government was the legitimate government of Missouri. Jackson supporters claimed their status as the popularly elected government of Missouri to bolster their legitimacy, whereas Gamble had control of the old state capitol and had also been placed in office by a body elected by the state to determine the state's place in the Union.
Perhaps the biggest mystery of Neosho is whether or not Jackson's legislature had a quorum to permit it to convene — a mystery that has prompted many historians to dismiss the Neosho government as a "rump" legislature, though the evidence required to make a conclusive determination is scant.
The controversy exists for two reasons. First, surviving letters from earlier in the fall indicate that the vote was delayed until the end of October to obtain a quorum, which had been lacking. Second, the journals of the legislature that would contain that information disappeared sometime during the war. The Senate journal was rediscovered in recent years among artifacts at the Wilson's Creek National Battlefield, but the House journal has never been found.
.
Reports of a quorum and even vote totals for both bodies also appeared in some newspapers. Their reliability, however, is unknown. The Charleston Mercury reported the session as follows:
One of the earliest historical accounts of Missouri's role in the Civil War written by former Confederate Col. John C. Moore, who also states that a quorum was present at the session:
The absence of a House record, however, will likely continue to surround the mystery of Missouri's secession ordinance until documentation, if any exists, is found.
Acting on the ordinance passed by the Jackson government, the Confederate Congress admitted Missouri as the 12th confederate state
on November 28, 1861.http://www.missouricivilwarmuseum.org/documents/nov28-1861confederate-statehood.htm. The Jackson government subsequently named Senators to the Confederate Congress. It was driven into exile from Missouri after confederates lost control of the state and Jackson died a short while later in Arkansas
. The secessionist government continued in exile, eventually setting up a legislature in Marshall, Texas
until the end of the war. At the war's conclusion, the successors to the provisional government continued to govern the state of Missouri.
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the secession of Missouri was controversial because of the disputed status of the state of Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
. During the war, Missouri was claimed by both the Union
Union (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
and the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
, had two competing state governments
State governments of the United States
State governments in the United States are those republics formed by citizens in the jurisdiction thereof as provided by the United States Constitution; with the original 13 States forming the first Articles of Confederation, and later the aforementioned Constitution. Within the U.S...
, and sent representatives to both the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and the Confederate Congress
Congress of the Confederate States
The Congress of the Confederate States was the legislative body of the Confederate States of America, existing during the American Civil War between 1861 and 1865...
. This unusual situation, which also existed to some degree in the states of Kentucky and Virginia (with
Restored government of Virginia
The Restored Government of Virginia, or the Reorganized Government of Virginia, was the Unionist government of Virginia during the American Civil War. From 1861 until mid-1863 it met in Wheeling, and from 26 August 1863 until June 1865 it met in Alexandria...
West Virginia), was the result of events in early 1861.
Missouri Constitutional Convention
At the beginning of the war, the governor of Missouri was Claiborne Fox JacksonClaiborne Fox Jackson
Claiborne Fox Jackson was a lawyer, soldier, and Democratic politician from Missouri. He was the 15th Governor of Missouri in 1861, then governor-in-exile for the Confederacy during the American Civil War.-Early life:...
, a Southern sympathizer who favored secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
. At his inauguration (months before the war started at Fort Sumter
Fort Sumter
Fort Sumter is a Third System masonry coastal fortification located in Charleston Harbor, South Carolina. The fort is best known as the site upon which the shots initiating the American Civil War were fired, at the Battle of Fort Sumter.- Construction :...
) Jackson requested the authorization of a state constitutional convention in order to consider the relationship between Missouri and the Federal government. A special referendum approved the Missouri constitutional convention
Missouri Constitutional Convention (1861-63)
The Missouri Constitutional Convention was a constitutional convention held in the state of Missouri during the American Civil War. The convention was elected in early 1861, and voted against secession...
and delegates were elected. Contrary to Jackson's expectations, no avowed secessionist delegates were elected. In February, Governor Jackson unsuccessfully argued for Missouri's secession before the State Constitutional Convention convened to debate the issue under the leadership of former governor Sterling Price
Sterling Price
Sterling Price was a lawyer, planter, and politician from the U.S. state of Missouri, who served as the 11th Governor of the state from 1853 to 1857. He also served as a United States Army brigadier general during the Mexican-American War, and a Confederate Army major general in the American Civil...
. Most of Missouri, like Price, held "conditional Unionist" beliefs at this point, meaning they did not favor secession but did not support the North imposing war on or coercing the Southern
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
states either.
St. Louis Arsenal
In early February, United States ArmyUnited States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Captain Nathaniel Lyon
Nathaniel Lyon
Nathaniel Lyon was the first Union general to be killed in the American Civil War and is noted for his actions in the state of Missouri at the beginning of the conflict....
, a vocal member of the Radical Republicans, was transferred to Missouri and stationed at the St. Louis Arsenal
St. Louis Arsenal
The St. Louis Arsenal is a large complex of military weapons and ammunition storage buildings owned by the United States Army in St. Louis, Missouri. During the American Civil War, the St...
, but was denied command of that post. The arsenal was under the command of Major General
Major general (United States)
In the United States Army, United States Marine Corps, and United States Air Force, major general is a two-star general-officer rank, with the pay grade of O-8. Major general ranks above brigadier general and below lieutenant general...
William S. Harney
William S. Harney
William Selby Harney was a cavalry officer in the U.S. Army during the Mexican-American War and the Indian Wars. He was born in what is today part of Nashville, Tennessee but at the time was known as Haysborough....
and was directly supervised by Major
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...
Peter V. Hagner
Peter V. Hagner
Peter Valentine Hagner was an officer of ordnance who served for over 40 years in the United States Army and was Brevetted Brigadier General.-Biography:...
, both moderates who were considered levelheaded by the James Buchanan
James Buchanan
James Buchanan, Jr. was the 15th President of the United States . He is the only president from Pennsylvania, the only president who remained a lifelong bachelor and the last to be born in the 18th century....
administration. Lyon by contrast had a reputation as an outspoken political radical, and would soon validate that reputation in the eyes of the Missouri government.
The St. Louis Arsenal, containing one of the largest caches of military supplies in the West
Western United States
.The Western United States, commonly referred to as the American West or simply "the West," traditionally refers to the region comprising the westernmost states of the United States. Because the U.S. expanded westward after its founding, the meaning of the West has evolved over time...
, was sought by both the Union and Confederate armies. Several plots to obtain control of its arms were initiated in early 1861 by paramilitary
Paramilitary
A paramilitary is a force whose function and organization are similar to those of a professional military, but which is not considered part of a state's formal armed forces....
organizations from both sides. The secessionist group was called the "St. Louis Minute Men." A Radical Republican paramilitary group from the 1860 campaign known as the Wide Awakes
Wide Awakes
The Wide Awakes was a paramilitary campaign organization affiliated with the Republican Party during the United States presidential election of 1860. Similar organizations affiliated with the Democratic Party were called the "Douglas Invincibles", "Young Hickories" or "Earthquakes"...
was also enlisted with plans to take the arsenal. The Wide Awakes were organized under great secrecy by Congressman Frank Blair, an ally of Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
with powerful connections to the incoming president through his brother Montgomery Blair
Montgomery Blair
Montgomery Blair , the son of Francis Preston Blair, elder brother of Francis Preston Blair, Jr. and cousin of B. Gratz Brown, was a politician and lawyer from Maryland...
.
Lyon was also an old political ally of Blair and secretly supported the Wide Awakes plot to seize the arsenal. After Lincoln called for Union troops in preparation for the Civil War, Lyon recognized an opportunity to provide the Wide Awakes the arms they desired by mustering them into the Federal army. Up until that point, the Wide Awakes had limited arms, consisting only of what they successfully smuggled into Missouri from Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. As of March however, Hagner still supervised the arsenal and Harney still commanded the Department of the West. Neither Hagner nor Harney were supportive of Lyon's plans with the Wide Awakes, and Hagner denied Lyon's attempts to release the arsenal's weapons to themhttp://www.thehistorynet.com/acw/blstrugglestlouis/index1.html. As soon as Lincoln was inaugurated, Lyon began exerting pressure on the president through the politically connected Blair to have himself named the new commander of the arsenal.http://www.missouricivilwarmuseum.org/documents/11mar1861.htm
After Hagner denied Lyon's request, the ambitious captain threatened to "pitch him in the river" and asked Blair to arrange for the major's replacement with himself. Blair promptly did so and, as an added assurance, secured orders for Harney to travel to Washington for consultations with the War Department. With Lyon's control of the arsenal now unimpeded, he opened its gates to several Wide Awake "reinforcements" around midnight on April 21.
This action set the stage for Lyon's arrest of a Missouri State Militia encampment near St. Louis on May 10 and the ensuing riot known as the Camp Jackson Affair when the militiamen were paraded as prisoners toward the arsenal, much to the outrage of gathering civilian mobs. The deaths at St. Louis set off the first serious push for secession in Missouri and was harshly condemned by the state legislature and Price, the President of the now-adjourned State Convention. Both had previously resisted Jackson's call for secession and requests for more control over the state militia. After the massacre though, the legislature authorized Jackson to reorganize the militia into the Missouri State Guard
Missouri State Guard
The Missouri State Guard was a state militia organized in the state of Missouri during the early days of the American Civil War. While not initially a formal part of the Confederate States Army, the State Guard fought alongside Confederate troops and, at times, under regular Confederate...
and appointed Price as its commander.
Harney returned from Washington on May 12 and immediately attempted to alleviate the commotion caused by Lyon's actions two days earlier. On May 16, responding to requests from the Mayor of St. Louis to have Lyon relieved of his post in Missouri, Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Edward Bates
Edward Bates
Edward Bates was a U.S. lawyer and statesman. He served as United States Attorney General under Abraham Lincoln from 1861 to 1864...
presented two representatives of the city to President Lincoln. Frank Blair's brother and Postmaster General Montgomery Blair and War Secretary Simon Cameron
Simon Cameron
Simon Cameron was an American politician who served as United States Secretary of War for Abraham Lincoln at the start of the American Civil War. After making his fortune in railways and banking, he turned to a life of politics. He became a U.S. senator in 1845 for the state of Pennsylvania,...
intervened on Lyon's behalf, urging Lincoln to retain him. Lincoln sided with the Blairs and Cameron. A week later Harney met with Price and drafted the Price-Harney Truce
Price-Harney Truce
The Price-Harney Truce was a document signed on May 21, 1861 between United States Army General William S. Harney and Missouri State Guard commander Sterling Price at the beginning of the American Civil War....
, reading
- "General Price, having by commission full authority over the militia of the State of Missouri, undertakes, with the sanction of the governor of the State, already declared, to direct the whole power of the State officers to maintain order within the State among the people thereof, and General Harney publicly declares that, this object being thus assured, he can have no occasion, as he has no wish, to make military movements, which might otherwise create excitements and jealousies which he most earnestly desires to avoid."http://www.missouricivilwarmuseum.org/documents/21may1861price-harney.htm
The truce temporarily alleviated the mounting hostilities in Missouri but also left Lyon and Blair discontent. Blair, however, had obtained a trump card the previous month when Lincoln reluctantly authorized Blair to dismiss Harney from command at Blair's discretion. Blair did so on May 30 and orchestrated the promotion of Lyon to be Harney's successor. Facing reassignment, Harney pleaded with the Lincoln administration to continue cooperation in good faith with Price and protested the acts of unnamed persons - a likely reference to Blair and Lyon - "who clamored for blood have not ceased to impugn my motives."http://www.missouricivilwarmuseum.org/documents/5june1861-harney.htm
Capture of Jefferson City
After Harney's dismissal, agitations renewed between unionist and secessionist factions. Governor Jackson and now-General Lyon agreed to a last ditch peace negotiation in St. Louis on June 11, 1861. Representing the state were Jackson, Price, and staffer Thomas Snead. Lyon was accompanied by Blair and his staff Maj. H. L. Conant. At the meeting Jackson and Price reasserted their position from the Price-Harney agreement and offered a position of Unionist neutrality in exchange for the withdrawal of Lyon's troops from the state, which contained the controversial Wide Awakes. After four hours of discussion, Lyon angrily rose and, pointing down Jackson, Price, and Snead, stated:- "Rather than concede to the State of Missouri the right to demand that my government shall not enlist troops within her limits, or bring troops into the State whenever it pleases, or move troops at its own will into, out of, or through the State; rather than concede to the State of Missouri for one single instant the right to dictate to my government in any matter, however unimportant, I would [pointing at the three state officials] see you, and you, and you, and you and every man, woman and child in the State, dead and buried.
- This means war. In an hour one of my officers will call for you and conduct you out of my lines."http://www.civilwarhome.com/missouri4.htm
Jackson, Price, and their staff promptly returned to Jefferson City where the Governor issued a proclamation declaring that it was still the duty of all Missourians "to obey all the constitutional requirements of the Federal Government" but also that they were "under no obligation whatever to obey the unconstitutional edicts of the military despotism" and its "wicked minions," referring to Lyon, who he said should be driven from the state.http://www.missouricivilwarmuseum.org/documents/jackson-june12proclamation.htm However, the President had exercised his constitutional authority to declare an insurrection as a result of Fort Sumter, and he had called for state volunteers under existing Federal law.
In the meantime, Lyon prepared for a rapid advance on Jefferson City. The State government and legislature, fearing for its safety, began an exodus to nearby Boonville, Missouri
Boonville, Missouri
This page is about the city in Missouri. For other communities of the same name, see Boonville Boonville is a city in Cooper County, Missouri, USA. The population was 8,202 at the 2000 census. It is the county seat of Cooper County. The city was the site of a skirmish early in the American Civil...
, which was deemed more defensible from a military perspective. Price, as commander of the state militia, followed from the rear destroying bridges to slow Lyon's advance.
Lyon captured the capital on June 15, but only two state officers including Attorney General J. Proctor Knott
J. Proctor Knott
James Proctor Knott was a U.S. Representative from Kentucky and served as the 29th Governor of Kentucky from 1883 to 1887. Born in Kentucky, he moved to Missouri in 1850 and began his political career there...
remained.
Provisional Missouri Government organized
On July 22, the executive committee of the Missouri State Convention reconvened and called for the convention to reassemble in Jefferson City. On July 30 the Missouri State Convention declared the existing state offices vacant. It then installed Hamilton R. Gamble as the military governor of Missouri and appointed the remaining state officers. It also declared all the seats of the legislature vacant and set a date for new elections.Knott, the elected Attorney General, was still in Jefferson City but soon found himself under arrest and then deposed for refusing to take an oath to the second state government.
A series of skirmishes and battles between the Missouri State Guard and Union troops dominated the summer as Jackson's government fled to the southwest, culminating in the Battle of Wilson's Creek
Battle of Wilson's Creek
The Battle of Wilson's Creek, also known as the Battle of Oak Hills, was fought on August 10, 1861, near Springfield, Missouri, between Union forces and the Missouri State Guard, early in the American Civil War. It was the first major battle of the war west of the Mississippi River and is sometimes...
.
Neosho Legislature and Secession Ordinance
Neosho, Missouri
Neosho is the most populous city in and the county seat of Newton County, Missouri, United States. Neosho is an integral part of the Joplin, Missouri Metropolitan Statistical Area....
. On October 28, the legislature took up a bill for Missouri's secession from the Union, citing various "outrages" committed against the state and the overthrow of its government by Lyon. The bill was passed on October 30, and on October 31, it was signed by Governor Jackson.
The Neosho Secession Ordinance has long been a source of mystery for historians due to the unusual circumstances surrounding it. Ironically, the authority to secede had originally been given by the legislature to the State convention based upon the idea that a constitutional rewrite might have been needed for an ordinance of secession to be passed. It is unclear whether the legislature had the authority to secede under State, if not Federal law, without the direction of the convention. At the same time, however, it is questionable as to whether the State Constitutional convention had the legal power to expel both the entire executive and legislature from office and appoint new State officers, especially considering that at that specific point in time, no ordinance of secession had been passed, and it was legally nebulous whether any of the previous officers had committed treason or any other impeachable offense. Questions remain unresolved to this day as to whether Jackson's secessionist government or Gamble's provisional government was the legitimate government of Missouri. Jackson supporters claimed their status as the popularly elected government of Missouri to bolster their legitimacy, whereas Gamble had control of the old state capitol and had also been placed in office by a body elected by the state to determine the state's place in the Union.
Perhaps the biggest mystery of Neosho is whether or not Jackson's legislature had a quorum to permit it to convene — a mystery that has prompted many historians to dismiss the Neosho government as a "rump" legislature, though the evidence required to make a conclusive determination is scant.
The controversy exists for two reasons. First, surviving letters from earlier in the fall indicate that the vote was delayed until the end of October to obtain a quorum, which had been lacking. Second, the journals of the legislature that would contain that information disappeared sometime during the war. The Senate journal was rediscovered in recent years among artifacts at the Wilson's Creek National Battlefield, but the House journal has never been found.
Evidence
In addition to the Senate journal, evidence of a House quorum has been speculated about on several grounds. Records of the secession bill itself show that Speaker of the House John McAfee presided over the session that adopted the bill. Clerk of the House Thomas H. Murry's signature also attests to the document's engrossment. The bill is also known to have been sponsored in the House by legislator George Graham VestGeorge Graham Vest
George Graham Vest was a U.S. politician. Born in Frankfort, Kentucky, he was known for his skills in oration and debate. Vest, a lawyer as well as a politician, served as a Missouri Congressman, a Confederate Congressman during the Civil War, and finally a US Senator...
.
Reports of a quorum and even vote totals for both bodies also appeared in some newspapers. Their reliability, however, is unknown. The Charleston Mercury reported the session as follows:
- "The meeting of the Missouri State Legislature, which passed the ordinance of secession at Neosho on the 2d inst. Was well attended - a full quorum being present, including 23 members of the Upper and 77 of the Lower House; 19 of the former and 68 of the latter constitute a quorum. The ordinance of secession was passed unanimously, and without a dissenting voice. It was dispatched to Richmond by a special messenger to the President, leaving Memphis yesterday morning en route." (November 25, 1861)
One of the earliest historical accounts of Missouri's role in the Civil War written by former Confederate Col. John C. Moore, who also states that a quorum was present at the session:
- "In every particular it complied with the forms of law. It was called together in extraordinary session by the proclamation of the governor. There was a quorum of each house present. The governor sent to the two houses his message recommending, among other things, the passage of an act "dissolving all political connection between the State of Missouri and the United States of America." The ordinance was passed strictly in accordance with law and parliamentary usage, was signed by the presiding officers of the two houses, attested by John T. Crisp, secretary of the senate, and Thomas M. Murray, clerk of the house, and approved by Claiborne F. Jackson, governor of the State."
The absence of a House record, however, will likely continue to surround the mystery of Missouri's secession ordinance until documentation, if any exists, is found.
Acting on the ordinance passed by the Jackson government, the Confederate Congress admitted Missouri as the 12th confederate state
Confederate government of Missouri
The Confederate government of Missouri was a shadow government established for the state of Missouri by Governor Claiborne Fox Jackson and other Southern sympathizers during the American Civil War....
on November 28, 1861.http://www.missouricivilwarmuseum.org/documents/nov28-1861confederate-statehood.htm. The Jackson government subsequently named Senators to the Confederate Congress. It was driven into exile from Missouri after confederates lost control of the state and Jackson died a short while later in Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
. The secessionist government continued in exile, eventually setting up a legislature in Marshall, Texas
Marshall, Texas
Marshall is a city in Harrison County in the northeastern corner of Texas. Marshall is a major cultural and educational center in East Texas and the tri-state area. As of the 2010 U.S. Census, the population of Marshall was about 23,523...
until the end of the war. At the war's conclusion, the successors to the provisional government continued to govern the state of Missouri.