CORNELL 
 
 UNIVERSITY 
 
 LIBRARY 
 
JK5125 IfiM'.AiT""*' '■"'™^ 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924032658480 
 
rjb-> 
 
 
 
 The Debates reported in phonetic short-hand, incorporated 
 with the Journal, and the volume edited, 
 
 By James M. Pomeroy. 
 
 
 :»= 
 
 '■'^'^n 
 
'0rr 
 
 ^/^ <Z--<--*'«- ex , 
 
DEBATES AND PKOCEEDINGS 
 
 CONVENTION 
 
 WHICH ASSEMBLED AT LITTLE KOCK, 
 
 JANUARY 7th, 1868, 
 
 TJNDEE THE PEOVISIONS OP THE AOT OP OOWGEESS OP MAEOH 2d, 1867, 
 
 And the Acts of March 23d and Jolt 19th, 1867, 
 supplementary thereto, 
 
 TO FOEM A 
 
 CONSTITUTION 
 
 STATE OF ARKANSAS. 
 
 OFFICIAL: 
 
 JOHN G. PEICE, SBCRETAEY. 
 
 LITTLE KOCK : 
 
 J. G. PEICE, 
 
 PRINTER TO THE CONVENTION. 
 1868. 
 

 !\,x^^\^6 
 
MEMBERS 
 
 ARKANSAS CONSTITUTIONAL CONVENTION 
 
 or 1868. 
 
OcOH 
 
 izi 
 o 
 
 M 
 EH 
 
 -<i 
 
 P 
 O 
 
 o 
 
 OS ja 
 
 p ^1 
 cc a) 
 
 o 
 
 .^ 
 
 
 >, 
 
 (>> 
 
 ^ 
 
 IS 
 
 CS 
 
 CS 
 
 h^ 
 
 Hi 
 
 a 
 u 
 
 -a 
 ;h 
 
 N 
 
 CD 
 
 o 
 
 
 O 
 
 a 
 
 lO i-H 
 
 CO cc 
 
 OQ 
 
 CO CO 
 
 g o3 
 
 OS 'So 
 
 T3 
 
 a 
 
 OS 
 
 o 
 
 00 
 
 CD 
 IN 
 
 1—1 iTi 
 ■* CO 
 
 <B 
 
 ® 
 
 05 
 
 o 
 
 
 DO 
 
 
 
 <D 
 
 a> 
 
 a 
 
 a 
 
 a 
 
 fl 
 
 (D 
 
 CO 
 
 rl 
 
 H 
 
 c 
 
 IB 
 
 
 i 
 
 To 
 
 a 
 
 ■* CO 
 
 C3 
 
 a 
 "3 
 
 t-l 
 
 pi 
 
 o 
 
 a? 
 
 o 
 
 M 
 O 
 
 o 
 
 IB ® 
 
 mm 
 
 o o 
 
 bct>0 
 
 77h 
 
 ph ;h 
 
 ^ 
 
 S P 
 
 p 
 
 ^^ 
 
 o 
 
 a a 
 
 +3 
 
 cS <A 
 
 1> 
 
 WW 
 
 m 
 
 IB 
 U 
 
 OS 
 
 PI 
 
 ■B 
 
 i 
 
 a 
 o 
 
 
 IB 
 
 PI 
 
 pi 
 
 03 OS 
 
 '© "o 
 
 1^ OS 
 
 IB 
 
 .9 
 u 
 
 OS 
 
 a 
 
 o 
 
 bD 
 03 
 
 P^ 
 
 M 
 
 s 
 
 o 
 cc 
 
 a 
 <i 
 
 l2i 
 
 la 
 o 
 
 •A 
 
 o 
 
 w 
 
 o 
 
 H 
 P 
 
 W 
 
 u 
 
 
 gw 
 
 I? 
 
 15 
 
 w 
 
 td 
 
 o 
 
 o 
 
 Hjh-s 
 
 „ o 
 fig 
 
 n 
 Hi 
 o 
 
 ■< 
 
 PS 
 
 m 
 15 
 
 o 
 
 1-5 
 
 Hi 
 
 ■ 
 
 fc 
 
 o 
 
 H 
 
 o 
 
 w 
 
 H 
 
 00 
 
 <( 
 
 cb 
 
 ^ 
 
 ^ 
 
 s 
 ^ 
 
 
 OQ 
 
 1-^ 
 
 ft 
 
 pil 
 
 Hi 
 
 
 s 
 
 ^ 
 
 o 
 l-s 
 
 ^ 
 
 H) 
 
 o 
 
 15 
 
 < 
 
 M g 
 O 1^ 
 
 •A 
 
 00 
 
 «<! 
 1^ 
 
 m 
 
 2 
 
 o 
 O 
 o 
 
 I-' pS 
 
 ^ i3 
 
 EH 
 
 O 
 O 
 
 CO 
 5Q 
 
 
 
 ^ 
 
 >^ 
 
 |2; 
 
 w 
 
 w 
 
 o 
 
 h-1 
 
 1-1 
 
 H 
 
 
 u 
 
 |2i 
 
 <tj 
 
 CO 
 
 pei 
 
 Ph 
 
 <1 
 
 m 
 
 m 
 
 P 
 o 
 
 W 
 
 Hi 
 
 o 
 
 Hi 
 h^l 
 
 o 
 
 w 
 ,w 
 «^ 
 o 
 
 EH 
 O 
 O 
 
 M 
 
 M 
 O 
 
 w. 
 
 
 m 
 
 g 
 
 Hi 
 
 o 
 o 
 

 4- 
 
 
 
 
 -t— 
 
 
 -t— 
 
 
 
 t~ 
 
 m 
 
 lO 
 
 
 05 
 
 (>q 
 
 lO 
 
 • 00 
 
 «D 
 
 • 
 
 (^q 
 
 
 
 
 I— t 
 
 I-H 
 
 
 
 r-4 
 
 
 a 
 
 
 
 
 . 
 
 
 
 c" ■ 
 
 
 
 c8 
 '§ 
 >> 
 
 ^ 
 
 ^ 
 
 ^ 
 
 Fh 
 
 CD 
 
 §3" 
 1 
 
 U 
 
 fH 
 
 .2 ^'■ 
 •a b 
 
 S 
 CD 
 
 '3 
 
 
 ,m 
 
 OS 
 
 cj 
 
 OS 
 
 OS 
 
 OS 
 
 oS 
 
 pd 03 
 
 
 « 
 
 Ph 
 
 h^ 
 
 h-) 
 
 Hi 
 
 ^ 
 
 fe 
 
 h! 
 
 P^^^ 
 
 :^ 
 
 f>^ 
 
 
 .}. 
 
 .}. 
 
 ,}. 
 
 
 -i— 
 
 
 
 
 
 t-" 
 
 aC 
 
 co" 
 
 co" 
 
 TtF 
 
 oT 
 
 o"o" 
 
 i>^ 
 
 0" 
 
 lO 
 
 cq 
 
 CO 
 
 -* 
 
 ■* 
 
 to 
 
 IM 
 
 lO CO 
 
 M 
 
 ■* 
 
 
 -!— 
 
 * 
 
 
 
 
 os" 
 
 • • 
 
 
 
 
 >-. 
 
 
 
 
 
 a 
 
 
 
 
 t 
 
 l-s 
 
 
 -t- 
 
 a 
 
 c8 
 
 a) 
 
 OQ 
 
 
 
 a 
 
 0) 
 03 
 CO 
 CQ 
 03 
 
 
 
 OS 
 
 
 
 M 
 
 
 
 
 
 § 
 
 Ph 
 
 
 cS 
 
 d 
 d 
 
 03 
 
 13" 
 
 
 0" 
 2 
 
 
 ^ 
 
 s 
 
 
 ^ 
 
 1=1 
 
 ^" 
 
 03 
 03 
 
 02 
 
 
 
 d 
 
 OS 
 
 a 
 
 
 1 
 
 1 
 
 
 
 rt2| 
 
 ■3 
 
 
 
 03 
 
 Hi 
 
 ^1 
 
 > 
 
 1 
 
 •S 
 
 '0 
 
 Ph 
 
 
 
 
 
 
 
 
 aj' 
 
 
 
 w 
 
 a; 
 
 
 
 
 Ph 
 
 M 
 
 3 
 
 
 
 
 W 
 
 
 
 W 
 
 p 
 
 
 
 M 
 
 
 m 
 
 
 N 
 
 •I 
 • M 
 
 ,1; ^ 
 
 0" 
 1^ 
 
 en 
 
 h3 
 
 EH 
 
 1^ 
 
 
 
 <! 
 
 <J 
 
 |x 
 
 
 Cl3 g 
 
 M 
 
 ^ 
 
 a; 
 
 « 
 
 w 
 
 oa 
 
 
 <! 
 
 1^ 
 
 • <; 
 
 
 
 ^ 
 
 < 
 
 ^ 
 
 H 
 
 <J 
 
 Hs 
 
 
 
 
 
 Phcc 
 
 p:l 
 
 
 f— n 
 
 
 
 1 — 1 
 
 
 
 ^-Y-^ 
 
 
 i— n 
 
 
 • g^ 
 
 
 
 - ^ 
 
 
 
 
 
 . g^ 
 
 
 •&i 
 
 
 
 
 
 
 
 
 s- 
 
 
 
 
 
 ss 
 
 
 
 
 
 e 
 
 
 ■ So 
 
 Ml 
 h- 1 1 — 1 
 
 
 
 1— 1 
 
 • El 
 03 
 1 — 1 
 
 m 
 
 < 
 
 < 
 
 ^" 
 
 5 
 P 
 M 
 
 d 
 
 CS 
 
 
 
 H 
 
 ^ 
 
 <1 
 
 <tl 
 
 
 
 Hi 
 
 xn 
 
 H 
 
 <l 
 
 Hi 
 
 
 
 w 
 
 M 
 
 P^ 
 
 P^ 
 
 <1 
 
 S 
 
 Ph 
 
 Ph 
 
 p 
 
 u 
 
 
 
 
 
 
 
 
 
 P 
 
 ft 
 
 P 
 
 |2=H 
 
 fe 
 
 a 
 
 ?3 
 
 <a 
 
 rr* 
 
 
 S 
 
 t>» 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <i> 
 
 fc 
 
 02 
 
 t>> 
 
 ^ 
 
 <1 -n 
 
!zi 
 
 
 ■?— 
 
 
 
 
 
 
 ^ 
 
 
 f»"^ 
 
 
 
 
 
 
 
 
 
 
 NO. 
 EARS 
 
 stat: 
 
 
 +p 
 
 
 
 4— 
 
 
 
 .+r 
 
 
 ' 
 
 ■*' CD 
 
 
 
 • id 
 
 ■*■ 
 
 
 lO O lO • 
 
 CD 
 
 • 
 
 r-l 
 
 
 
 
 CO 
 
 
 (M 
 
 
 tH 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 M 
 
 
 
 
 
 
 
 
 
 
 H 
 
 
 * 
 
 
 
 a ■ 
 
 
 
 
 
 <i 
 
 
 
 
 
 o 
 
 
 
 
 
 OCCUP 
 
 * 
 
 
 ■ a 
 
 a 
 
 .s 
 
 'S 
 
 CO 
 
 .2 S 
 
 
 
 I gineer, 
 ■wyer, . 
 anter, . 
 rmer, . 
 
 1 
 
 
 
 cS -ti 
 
 CS 
 
 A 
 
 u S 
 
 ^ 
 
 
 a a^ ^ 
 
 (^ 
 
 
 ■ 
 
 l-:i-«j!iH 
 
 flH 
 
 WpiH 
 
 P^ 
 
 
 Sh^lPMPi^ 
 
 Hi 
 
 fi 
 
 
 -*- 
 
 
 
 .-h: 
 
 
 
 
 
 
 r. 
 
 •3 
 
 
 oo'ctT 
 
 
 ■*" 
 
 t-^txT 
 
 Th" 
 
 
 co't-Tod" ■ 
 
 t- 
 
 <! 
 
 
 CO >o 
 
 
 ^ 
 
 m ^ 
 
 CO 
 
 
 CO.Tjl (M 
 
 <M 
 
 g 
 
 
 
 
 
 . . 
 
 , 
 
 
 . . . . 
 
 (S 
 
 o 
 
 
 o 
 
 „ 3 
 
 -1— ' 
 
 CD 
 
 0) 
 CO 
 CQ 
 0) 
 
 a 
 
 S3 
 CO 
 
 n 
 
 
 j^" • • ■ 
 o . ^ . 
 
 1 
 
 
 
 .2^ 
 
 J3 <U 
 
 OS 
 
 
 
 a 
 o 
 
 
 03 
 
 
 1 -.1 ■ 
 
 a 
 
 
 
 OM<^ 
 
 EH 
 
 <! 
 
 
 !^ .H . 
 
 PM 
 
 
 ; 
 
 
 
 6 
 
 
 
 
 
 
 H 
 
 
 , 
 
 
 O 
 
 
 . 
 
 -1— 
 
 
 , 
 
 o 
 
 M 
 
 <D 
 
 52 
 
 a" 
 o 
 
 
 oT dT 
 
 
 4^ 
 
 SB to Stn Sjj 
 
 1— 1 
 
 &4 
 
 o 
 
 "> 
 
 .S -S .3 
 3 S 2 
 
 
 ^ 
 
 Ph 
 
 el 
 
 ^ S _2 ^ 
 
 '> 
 
 H 
 
 
 S^ 
 
 
 J3 
 
 g 
 
 SSwS 
 
 a! 
 
 o 
 
 □ 
 
 QQ CQ 
 
 O} 
 
 
 CD <u 
 
 1 
 
 r!^ 
 
 (D (XI O ® 
 
 Ph 
 
 K 
 
 
 OS C3 
 
 cS 
 
 ' — 1 
 
 t^ -i^ 
 
 O 
 
 a a a 
 
 53 
 
 
 c^ 
 
 ^ 
 
 ^^^ 
 
 P 
 H 
 
 o3 o3 
 
 pqpq 
 
 eS 
 1-5 
 
 SSSE 
 
 o 
 
 b3 
 
 S 
 
 pti 
 o 
 
 OS 
 
 H 
 
 |Zi 
 
 <1 
 
 o 
 
 w 
 
 
 o 
 
 >-^ pel 
 
 .1, "^ B 
 
 iz; n 
 
 O pS 
 
 S '^ 
 
 O W 
 
 i-scqPh 
 
 la 
 W 
 o 
 
 iz; 
 o 
 
 CQ 
 
 S 
 « 
 
 w 
 
 a 
 o 
 l-s 
 
 P3 H 
 
 ^ <] 
 SP 
 
 ^^ 
 
 1^ Oh 
 EH O 
 
 <! 
 
 a 
 
 n 
 
 H 
 W 
 
 o 
 
 oi 
 o 
 
 . w 
 
 cod 
 
 o 
 
 <i pj 
 
 CO H 
 
 p 
 
 05 
 1^ 
 
 EH 
 CO 
 
 Pm 
 
 Ph 
 m 
 
 a 
 
 ^ 
 
 S 
 
 O 
 
 M 
 
 M 
 
 o 
 
 p 
 
 P 
 
 P 
 P^ 
 ■< 
 
 O 
 m 
 
 o 
 
 O 
 CO 
 
 B3 
 
 n 
 
 02 
 
 o 
 
 |2i 
 
 o 
 
 CO 
 
 W 
 o 
 1-^ 
 

 
 4- 
 
 
 
 • 
 
 
 
 
 
 
 oi to 
 
 i-i 
 
 CO 
 
 lO" 
 
 00 
 
 
 M 
 
 t^ 
 
 
 
 I-H rH 
 
 (N 
 
 iH 
 
 
 IM 
 
 
 
 
 
 I— 1 
 
 
 
 rH I-H 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ' §f 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ■ U 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 "tj 
 
 
 • 
 
 
 
 
 
 
 
 
 
 
 
 
 -fl 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 
 
 
 -w ^ 
 
 
 -(J 
 
 
 
 
 
 
 
 
 
 
 1 
 
 C3 <33 
 
 |1h" 
 
 ci 
 
 pT 
 
 ^r 
 
 
 
 tn" 
 
 % 
 
 
 
 U U ' 
 
 ^.1 
 
 as 
 
 a 
 
 2 
 
 
 0) 
 
 a- 
 
 
 
 (C 
 
 .1 
 
 
 
 <0 0) 
 
 a^ 
 
 &^ fl 
 
 p 
 
 H 
 
 ki 
 
 
 
 
 fl 
 
 
 
 fH S 
 
 
 
 •35 
 
 oj 
 
 OS 
 
 
 
 03 
 
 % 
 
 
 
 03^ 
 
 PhPh 
 
 -1— 
 
 
 -h;; 
 
 
 
 
 
 
 
 
 
 
 o"cd" 
 
 ^" 
 
 ctT 
 
 lO" 
 
 m 
 
 
 
 od" 
 
 ^ 
 
 
 
 t-"©" 
 
 to 03 
 
 -* 
 
 (M 
 
 (M 
 
 M 
 
 
 
 0<1 
 
 lO 
 
 
 
 <:d lO 
 
 1 03 
 
 
 
 
 
 
 
 
 of 
 
 
 
 of 
 
 CO fl 
 
 
 
 
 
 
 
 
 g 
 
 
 
 _ia 
 
 +^ .rt 
 
 
 
 
 
 
 
 
 
 
 
 
 +=* Tf 
 
 
 
 
 
 
 
 
 
 
 
 
 O O 
 
 
 
 
 
 
 
 (>5 
 
 o 
 
 
 
 
 00 Ph 
 3 oi 
 
 
 ^ 
 
 tE^ 
 
 
 
 
 
 fe 
 
 
 
 
 -3^ 
 
 i'5 
 
 'S 
 
 a 
 
 03 
 
 02 
 
 m 
 
 CO 
 
 
 
 1-5 
 
 O 
 
 
 
 
 (S o 
 
 ■& 
 
 +3 
 O 
 
 
 a 
 
 
 
 
 -t-3 
 O 
 
 
 
 +i a 
 
 N^ 
 
 >- 
 
 02 
 
 <ti 
 
 H 
 
 
 
 ^ 
 
 (2; 
 
 
 
 ^H 
 
 . . 
 
 
 +3" 
 
 1 
 
 
 
 
 
 
 in 
 
 
 
 « 
 
 •rH .1-1 
 
 o 
 
 a 
 
 o 
 O 
 
 
 r— ( 
 
 
 
 1^ 
 
 pq 
 
 .s 
 
 "u 
 
 
 
 ^ cT 
 
 > > 
 
 
 
 1 
 
 
 
 
 i 
 
 
 
 
 T3 -a 
 
 
 +3 
 1 
 
 SO 
 
 a 
 a 
 
 M 
 
 3 
 ^ 
 
 
 
 a 
 
 M 
 
 o 
 
 w 
 
 
 
 a a 
 
 03 03 
 OO 
 
 • 1 — 1 
 
 
 
 
 ■ 
 
 
 
 • 
 
 
 
 
 
 
 „b 
 
 
 
 
 oT 
 
 
 
 
 
 
 
 
 ^ 
 
 O 
 
 w-- 
 
 
 
 
 •g 
 
 
 
 
 
 
 
 
 iz; 
 
 a fa 
 g t4 
 
 
 H 
 O 
 O 
 CQ 
 
 
 
 
 
 
 
 ~ 
 
 
 
 .3 
 
 ^5 
 
 p 
 
 „ 
 
 ^ 
 
 
 
 
 
 
 
 g^ 
 
 NW 
 
 fi 
 
 QQ 
 
 CQ 
 
 <i 
 
 
 
 W 
 
 Ph 
 
 Ph 
 
 
 
 ^.!^ 
 
 §1 
 
 3 
 
 N 
 O 
 
 
 1^ 
 
 
 
 W 
 
 d 
 
 
 
 Ph 2; 
 
 -S 
 
 p 
 
 o 
 
 ^ 
 
 Hi 
 
 
 
 03 
 O 
 
 
 
 
 
 
 o 
 
 pq 
 
 H 
 O 
 
 ^ 
 
 
 
 
 << 
 
 o 
 
 
 
 1^ 
 
 
 
 
 
 
 
 i—n 
 
 
 
 
 
 
 * 
 
 ■ 
 
 
 
 * r-n 
 
 
 •^ 
 
 
 ' r-1 
 
 
 ; — 1 
 
 '— Y— ' 
 
 
 
 
 
 Si 
 
 
 t* 
 
 
 Si 
 
 
 S 
 
 
 
 
 
 
 • o 
 
 
 § 
 
 
 . 5^ 
 
 
 .o 
 
 
 
 o 
 
 I— 1 
 P5 
 
 O 
 m 
 
 M 
 
 • CI 
 
 o 
 
 Ph 
 
 Ph 
 P^ 
 
 M 
 CQ 
 CQ 
 1— 1 
 CQ 
 rr 
 
 p 
 
 O 
 
 P^ 
 
 Is 
 
 o 
 
 S 
 
 < 
 1— 1 
 
 w 
 
 o 
 
 ^ 
 
 <l 
 
 <i 
 
 <1 
 
 KJ^ -r— 1 
 
 I-I O 
 
 O 
 
 o 
 
 H 
 
 t^, 
 
 t> 
 
 Hi 
 
 ^^ 
 
 h^l 
 
 ^ 
 
 ^ 
 
 ^t^ 
 
 ^ 
 
 % 
 
 ^ 
 
 t 1 
 
 o 
 
!21 
 OCOH 
 
 s 
 
 00 
 CD 
 00 
 
 O 
 
 o 
 
 I— ( 
 |2i 
 
 O 
 Q 
 
 1-1 
 
 O 
 
 I— I 
 Eh 
 t3 
 H 
 i— I 
 H 
 
 OQ 
 
 o 
 o 
 
 W 
 O 
 
 OQ 
 
 P^ 
 
 :^ 
 
 s 
 
 EH 
 
 o 
 
 lO O CO CO 
 
 ?H CS ;h fH 
 0) -H (B © 
 
 
 03 
 
 o c^ 
 
 tH CO 
 
 
 H 
 <1 
 
 CD 03 00 00 
 ■5t( lO CO C<I 
 
 
 CD -* 
 CO ^ 
 
 !2; 
 o 
 
 W 
 
 H 
 o 
 
 M 
 
 o 
 
 o 
 
 P3 
 o 
 
 CO 
 
 OQ 
 1^ 
 M 
 E-l 
 
 p 
 
 O 
 O 
 
 ■.S3 
 • T O 
 
 OPMfi»q 
 
 c^ cS ^ ^ 
 
 fl a fl q 
 CD a> o m 
 
 "o "cB "© "© 
 WWMW 
 
 
 ■ ■ f^ H 
 
 a 3 " «! 
 
 i s 1^ H 
 
 I*' O h^ "sJ 
 
 Hi 
 
 B 
 <! 
 
 1-5 
 M 
 
 
 02 
 PM 
 1—1 
 
 a 
 
 03 
 
 
 n 
 O 
 
 d 
 
 
 
 HI 
 
 -^ 
 O 
 fin 
 
 El 
 Ph 
 O 
 Ph 
 
 
 03 
 
 ID 
 ^ g 
 
 
 • 
 
 (C 
 
 o 
 
 
 
 
 
 
 
 > 
 
 t> 
 
 CO 
 
 CQ 
 
 fl 
 
 R 
 
 ^ ^ 
 
 O 
 
 o 
 
 Pi 
 
 u 
 
 . P5pq 
 
 R 
 
 CO 
 
 H 
 
 Hi 
 
 <l 
 
 H 
 
 ci 
 
 &; 
 
 oc 
 
 g 
 
 H 
 
 <1 
 
 PS 
 
 M 
 
 Eq 
 
 M 
 
 m 
 
 l-l 
 
 f§ 
 
 ^ 
 
 n 
 Ph 
 
 HH 
 <l 
 P? 
 
 P^ 
 
lO so (M OO 
 
 
 
 
 50 00 (M lO 
 CO CO (M lO 
 
 03 
 
 • ■ -.s 
 
 ^ ~ 'o 
 
 ti |!h 2 OS 
 
 o o g O 
 
 CO (E ^1 O 
 
 o o o o 
 o o o o 
 
 0} f> CD a> 
 
 ^ +3 +3 ^ 
 
 4J +3 -t-3 +3 
 
 5333 
 
 !+> 
 
 
 n 
 
 
 n 
 
 
 M 
 
 17i 
 
 
 M 
 
 ^^W 
 
 m 
 
 r/j 
 
 
 W 
 
 g 
 
 s 
 
 <l 
 
 <! 
 
 1-5 l-S 
 
 O ° 
 
 o . 
 
 Ph 
 
 (M <| 
 
 13 o 
 
 P 
 
 PM 
 
 ^1 
 a) 
 
 OS 
 
 •* 
 
 a 
 
 OS 
 
 
 CD 
 
 CO 
 
 
 Si 
 
 o 
 
 OS 
 
 CO 
 
 a 
 
 03 
 
 CD 
 CO 
 
 03 
 
 a 
 EH 
 
 a 
 
 a 
 
 
 o 
 
 o 
 
 a 
 
 j3 
 
 to 
 
 o 
 
 03 
 
 o 
 o 
 
 ^ 
 
 4J 
 <0 
 
 p^ 
 
 ^ 
 
 PP 
 
 
 M 
 
 o 
 
 EH 
 
 p^ 
 
 EH 
 «i 
 O 
 
 ■O 
 
 Hi 
 M 
 
 P 
 
 a 
 
 Ph 
 O 
 
 w 
 
 CD 
 W 
 
 H 
 g 
 
 <! 
 l-s 
 
 (£1 
 t> 
 
 M 
 
 o 
 
 w 
 
 1^ 
 
 03 
 <! 
 W 
 
 o 
 
 M 
 
 Ph 
 
 O 
 
 P 
 
 P^ 
 
 CQ 
 
 1— 1 
 
 o 
 
 
 
 03 
 
 J2j 
 
 
 H 
 
 
 
 H 
 
 Ph 
 
 S 
 
 H 
 
 Oi— i 
 
 CQ 
 
 1^ 
 
 H 
 
 0^ 
 
 <j 
 
 
 Hi 
 
 O 
 
 <^ 
 
 pq 
 
 H 
 
 <J 
 
 O 
 
 H 
 
 W 
 
 OQ 
 
 CQ 
 
 in 
 
 m 
 
 O! 
 
 P^ 
 
 I— I 
 > 
 
 CO 
 
 o o 
 
 hm 
 
 O 
 
 I— I 
 
 P 
 
 -tJ -*3 
 
 tu 
 
 d 
 
 
 
 o 
 
 u 
 
 
 o 
 
 ,r1 
 
 rd 
 
 
 
 fl 
 
 (4-1 
 
 o 
 
 
 i 
 
 ft 
 
 
 
 
 
 3 
 
 o 
 
 
 E3 
 
 -;.' 
 
 'TJ 
 
 c3 
 
 3 
 
 0) 
 
 j3 
 
 
 
 
 
 
 
 <j 
 
 a 
 
 
S 
 
 6 
 
 00 
 00 
 
 o 
 
 O 
 1— I 
 
 o 
 o 
 
 o 
 
 I— I 
 
 t^ 
 I— I 
 
 O 
 O 
 
 OQ 
 <^ 
 
 O 
 
 m 
 
 P^ 
 
 PQ 
 
 OcgH 
 
 g 
 
 M 
 H 
 
 Pi 
 
 a 
 o 
 o 
 
 
 o 
 n 
 
 w 
 
 O 
 
 00 
 
 o 
 
 Pi 
 
 CO 
 
 o 
 
 a 
 
 iz; 
 
 M 
 
 H 
 
 IZi 
 
 p 
 o 
 
 O 
 
 CO CO 
 
 a 
 
 id 
 
 
 CO 00 
 
 
 03 
 
 O 
 
 o 
 
 a 
 o 
 
 a 
 
 
 
 m CD 
 03 03 
 
 03 03 
 
 MM 
 
 1=1 
 ® 
 
 > > 
 
 CD a> 
 
 © <D 
 
 tS 03 
 
 o o 
 03 C3 
 
 mm 
 
 PS 
 
 n; 
 
 ^M 
 
 h-l 
 
 >1 
 
 i^ 
 
 
 iJ IB 
 
 H 
 
 rt w 
 
 
 s s 
 
 H 
 
 J5 'fl 
 
 1-5 
 
 Oh, 
 
 P3 ^ 
 
 Wo 
 
 O <! 
 
 
 |z; 
 
 |2; 
 
 o 
 
 w 
 
 H 
 
 tti 
 
 d3 
 
 P 
 
 h 
 
 m 
 
 I— 1 
 
 W 
 
 ^ 
 
 OQ 
 
 <i 
 
 ■< 
 
 t> 
 
 ^ 
 
 
 
 , 
 
 &H 
 
 
 P^ 
 
 • 
 
 P 
 
 H 
 
 Ph 
 
 H 
 
 M 
 
 h- 1 
 
 O 
 
 w 
 
 o 
 
 &: 
 
 ^ 
 
 03 
 
 PM 
 
 
 PI 
 P 
 
 o 
 
 I— ( 
 
 Hi 
 M 
 
 < 
 
 t> 
 o 
 
 Ph 
 
 1^ 
 o 
 
 P3 
 ^i 
 o 
 
 Hi 
 
 M 
 
 1^ 
 1-3 
 
 a 
 
 o 
 
 a 
 
 13 -J^ 
 
 
 A? O 
 
 « s 
 
OFFICERS 
 
 ARKANSAS CONSTITUTIONAL CONVENTION 
 
 18 6 8. 
 
 
 OF CRAWFORD CO. 
 
 Wia-MvtMmU, 
 
 JAMES L. HODGES, 
 
 OF PULASKI CO. 
 
 JOHN M. McCLURE, 
 
 OF ARKANSAS CO. 
 
 JOSEPH BROOKS, 
 
 OF PHILLIPS CO. 
 
 0. p. SNYDER, 
 
 OF JEFFERSON CO. 
 
 GEORGE S. SCOTT, 
 
 OF LITTLE RIVER CO. 
 
 WALTER W. BRASHEAR, 
 
 OF POPE CO. 
 
 JOHl^ G. PRICE, 
 
 OF PULASKI CO. 
 
 ^^MtMt ^emtme^, 
 
 HBNET ST. JOHN, 
 
 OP BRADLEY 00. 
 
 P. B. WEIGHT, 
 
 OF PHILLIPS CO. 
 
 ( 11 ) 
 
OFPICBES OF THE CON"VENTION. 
 
 Cfliftairliaitt, 
 
 EBV. MOSES P. HYDE, 
 
 OF INDEPENDENCE CO. 
 
 OHAELES SOHAEEP, 
 
 OE PULASKI 00. 
 
 D. P. BBLDEN, i J. H. KIEKHAM, 
 
 OF HOT SPEIKG CO. | OF PIKE CO. 
 
 HENEY D. SEYIEE, 
 
 OE CONWAY CO. 
 
 E. A. EOBINSON, I JOHN AGEE * 
 
 OF SEARCY CO. I OF PTTLASKI CO. 
 
 A. S. MUSTAIN, 
 
 OF PRAIKIE CO. 
 
 J. C. WILCOX, 1 J. E. RECTOR,* 
 
 J. M. JACKSON,* 
 
 OF PTTLASKI CO. 
 
 * Colored. 
 
 ( 12 ) 
 
STANDING COMMITTEES 
 
 CONVENTION. 
 
 The Constitution, its Arrangement and Phraseology. 
 
 Mk. Hodges, of Pulaski, Mr. Walker, Mr. Sims, 
 
 " Brooks, " Portis, " Sarber. 
 
 " MoClure, 
 
 Preamble and Bill of Rights. 
 
 Mr. Brooks, 
 
 " COATES, 
 
 Mr. Priddy, 
 " Van Hook, 
 " Hawkins, 
 
 Mr. Langley, 
 " Harrison. 
 
 Mr. Sims, 
 
 " CoKBELt, 
 
 Legislative Department. 
 
 Mr. Brashear, 
 " Hutchinson, 
 " Wyatt. 
 
 Executive. 
 
 Mr. Evans, 
 " Pickett. 
 
 Mr. Snyder, 
 " Sims, 
 
 Mr. Johnson, 
 " Kelly, 
 " Matthews, 
 
 Boundaries. 
 
 Mr. Wilson, 
 " McClitre. 
 
 <> 
 
 Mr. Bradley, 
 •' Beasley, 
 
 Mr. Wyatt, 
 " Wilson, 
 " Gray, of Woodruff, 
 
 Mr. Eotjnsayille, 
 " Grey, of Phillips, 
 
 ( 13 ) 
 
STANDING COMMITTEES OP THE CONVENTION. 
 
 Judiciary, 
 
 Mr. Montgomery, Mr. McCltjre, Mr. Sims, 
 
 " Snyder, " Sams, " Hinds. 
 
 " MoCowN, 
 
 State Officers other than Executive. 
 
 Mr. Brashear, Mr. Duvall, Mr. Matthews, ' 
 
 " Brooks, ' " Williams, " Hodges, of Pulaski. 
 
 " Sims, 
 
 Organimation of Government of Cities find Villages. 
 
 Mr. Grey, of Phillips, Mr. Samuels, Mr. Mallory, 
 
 " Johnson, " Cypert, '■' Corbell. 
 
 " Allen, 
 
 Salaries. 
 
 Mr. Mallory, Mr. Hutchinson, Mr. Sims, 
 
 " McClitre, " MiSNER, " Gray, of JefFerson 
 
 Counties and Townships. 
 
 Mr, Oliver, Mr. Hawkins, Mr. Hinkle, 
 
 " MiLLSAPS, " LaNGLEY, " HoUGHTON. 
 
 " Bell, 
 
 Elective Franchise. 
 
 Mr. Hinds, Mr. Exon, Mr. Cypert, 
 
 " Hutchinson, " Grey, of Phillips, ■' Brashear. 
 
 Finance, Taxation, Public Debt, and Eacpenditures. 
 
 Mr. McClure, Mr. Sarber, Mr. Poole, 
 
 " Hodges, of Pulaski, " Montgomery, " Sims. 
 
 • " Scott, 
 
 Education. 
 
 Mr. Hutchinson, Mr. Grey, of Phillips, Mr. Brooks, 
 
 " Mason, " Dale, " Gray, of Jefferson. 
 
 " Smith, 
 ( 14) 
 
STANDING COMMITTEES OF THE CONVENTIOI^. 
 
 Banking, and Corporations other than Municipal. • 
 
 Mr. McCown, Mr. Hatfield, Mr. Houghton, 
 
 tf Sarber, " Hodges, of Crittenden, " Williams. 
 
 Ekicemption of Heal and Personal Estate. 
 
 Mr. Bbaslet, Mr. Montgomery, Mr. Owen, 
 
 " Murphy, " Eounsaville, " MoCown. 
 
 " Belden, 
 
 Amending and ^Revising Constitution. 
 
 Mr. Kyle, Mr. Wyatt, Mr. Snyder, 
 
 " Eeynolds, " Williams, " Brashear. 
 
 " Gray, of Jeiferson, 
 
 Mr. Smith, 
 " Oliver, 
 
 Internal Improvements. 
 
 Mr. Bell, Mr. Brashear, 
 
 " PORTIS, " MiSNER. 
 
 " Sarber, 
 
 Impeaclitnent, and Removal from, Office. 
 
 Mr. Evans, Mr. Puntney, Mr. Priddy, 
 
 " Shoppach, " Eawlings, " Gantt. 
 
 " White, 
 
 Mr. Scott, 
 " Allen, 
 
 Miscellaneous Provisions, 
 
 Mr. Coates, Mr. Evans, 
 
 " Mallory, " White. 
 
 " Eatcliefe, 
 
 Mr. Matthews, 
 " Hicks, 
 
 Schedule. 
 
 Mr. Eounsaville, 
 " Puntney, 
 " Hinds, 
 
 Mr. Gantt, 
 " Eector. 
 
 Mr. McClure, 
 " Sarber, 
 
 Printing. 
 
 Mr. Sims, 
 " Coates, 
 
 Mr. Hodges, of Pulaski, 
 " Van Hook. 
 
 ( 15 ) 
 
STANDING COMMITTEES OP THE CONVENTION. 
 
 Mr. Sams, 
 " Beadley, 
 
 Mr. Hawkins, 
 " Mason, 
 " Wright, 
 
 Me. Harrison, 
 " Hodges, of Critteuden. 
 
 Mr. Sarbee, 
 " Mallort, 
 
 Election. 
 
 Mr. Hinds, 
 " Hatfield, 
 " Dale, 
 
 Mr. Hutchinson, 
 " Gantt. 
 
 Mr. Sarber, 
 " MoClure, 
 
 Apportionment. 
 
 Mr. Hinds, Mr. Snyder. 
 
 " Hodges, of Pulaski, 
 
 Mr. Poole, 
 " Ooates, 
 
 Engrossment, 
 
 Mr. Bradley, 
 
 " HOGE, 
 
 Mr. Evans, 
 " Hodges, of Pulaski. 
 
 Mr. Hinds, 
 " Beasley, 
 
 Memorials and Ordinances. 
 
 Mr. Eawlings, Me. Kyle, 
 
 " Snydee, " Hollis. 
 
 Federal Melations. 
 
 Me. Hodges, of Crittenden, Me. Snyder, Mr. Murphy, 
 
 " Hutchinson, " Hodges, of Pulaski, " Scott. 
 
 " Cypert, 
 
 Mr. Cypeet, 
 
 Mevising Journal. 
 
 Mr. Brooks, Mr. Beasley. 
 
 Matification. 
 
 Mr. Hodges, of Pulaski, Mr. Smith, 
 
 Mr. Hutchinson. 
 
 Me. Brooks, 
 ( 16 ) 
 
 Correspondence. 
 
 Me. Sims, Me. Hodges, of Crittenden. 
 
THE 
 
 ACTS OF CONGRESS, 
 
 AND 
 
 ORDERS 
 
 FROM HEADQUAKTEES 
 
 FOURTH MILITARY DISTRICT, 
 
 ISSTTBD PUKSUANT THERETO ; 
 
 UNDER THE PROVISIONS AND BY THE AUTHORITY OP WHICH THE 
 CONVENTION WAS CALLED, AND ASSEMBLED. 
 
 To PROVIDE FOR THE MOKE EFFICIENT GOVERNMENT OF THE ReBEL StATES. 
 
 Whereas no legal State governments or adequate protection for life or 
 property now exists in the rebel States of Virginia, North Carolina, South 
 Carolina, G-eorgia, Mississippi, Alabama, Louisiana, Florida, Texas, and 
 Arkansas ; and whereas it is necessary that peace and good order should 
 be enforced in said States until loyal and republican State governments 
 can be legally established : Therefore — 
 
 Beit enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That said rebel States shall be divided 
 into military districts and made subject to the military authority of the 
 United States as hereinafter prescribed ; and for that purpose Virginia 
 shall constitute the first district; North Carolina and South Carolina the 
 second district ; Georgia, Alabama, and Florida the third district ; Mis- 
 sissippi and Arkansas the fourth district ; and Louisiana and Texas the 
 fifth district. 
 
 Sec. 2. And be it further enacted, That it shall be the duty of the 
 President to assign to the command of each of said districts an officer of 
 the army not below the rank of brigadier general, and to .detail a sufficient 
 
 2 ( 17 ) 
 
AEKANSAS CONSTITUTIOlSrAL CONVBNTIOlSr, 1868. 
 
 military force to enable such officer to perform his duties and enforce his 
 authority within the district to which he is assigned. 
 
 Sec. 3. And be it further enacted, That it shall be the duty of each officer 
 assigned as aforesaid to protect all persons in their rights of person and 
 property, to suppress insurrection, disorder, and violence, and to punish, 
 or cause to be punished, all disturbers of the public peace and criminals, 
 and to this end he may allow local civil tribunals to take jurisdiction of 
 and to try offijnders, or, when in his judgment it may be necessary for 
 the trial of offenders, he shall have power to organize military commis- 
 sions or tribunals for that purpose, and all interference, under color of 
 State authority, with the exercise of military authority under this act, 
 shall be null and void. 
 
 Sec. 4. And be it further enacted, That all persons put under military 
 arrest by virtue of this act shall be tried without unnecessary delay, and 
 no cruel or unusual punishment shall be inflicted ; and no sentence of 
 any military commission or tribunal hereby authorized, affecting the life 
 or liberty of any person, shall be executed until it is approved by the 
 officer in command of the district, and the laws and regulations for the 
 government of the army shall not be affected by this act, except in so far 
 as they conflict with its provisions : Provided, That no sentence pf death, 
 under the provisions of this act, shall be carried into effect without the 
 approval of the President. 
 
 Sec. 5. And be it further enacted, That when the people of any one of 
 said rebel States shall have formed a constitution of government in con- 
 formity with the Constitution of the United States in all respects, framed 
 by a convention of delegates elected by the male citizens of said State 
 twenty-one years old and upward, of whatever race, color, or pi'evious 
 condition, who have been resident in said State for one year previous to 
 the day of such election, except such as may be disfranchised for partici- 
 pation in the rebellion, or for felony at common law ; and when such con- 
 stitution shall provide that the elective franchise shall be enjoyed by all 
 such persons as have the qualifications herein stated for electors of dele- 
 gates ; and when such constitution sh^-U be ratified by a majority of the 
 persons voting on the question of ratification who are qualified as electors 
 for delegates ; and when such constitution shall have been submitted to 
 Congress for examination and approval, and Congress shall have approved 
 the same ; and when said State, by a vote of its legislature elected under 
 said constitution, shall have adopted the amendment to the Constitution 
 of the United States proposed by the Thirty-ninth Congress, and known 
 as article fourteen ; and when said article shall have become a part of the 
 Constitution of the United States, said State shall be declared entitled to 
 representation in Congress, and senators and representatives shall be ad- 
 mitted therefrom on their taking the oath prescribed by law ; and then 
 and thereafter the preceding sections of this act shall be inoperative in 
 ( 18) 
 
EBCONSTEUCTION ACTS OF CONGEBSS. 
 
 said State : Provided, That no person excluded from the privilege of hold- 
 ing office by said proposed amendment to the Constitution of the United 
 States shall be eligible to election as a member of the convention to frame 
 a constitution for any of said rebel States, nor shall any such person vote 
 for members of such convention. 
 
 Sec. 6. And be it further enacted, That until the people of said rebel States 
 shall be by law admitted to representation in the Congress of the United 
 States, any civil government which may exist therein shall be deemed 
 provisional only, and in all respects subject to the paramount authority of 
 the United States at any time to abolish, modify, control, or supersede the 
 same ; and in all elections to any office under such provisional govern- 
 ments all persons shall be entitled to vote, and none others, who are enti- 
 tled to vote under the fifth section of this act; and no' person shall be 
 eligible to any office under, any such provisional governments who would 
 be disqualified from holding office under the provisions of the third article 
 of said constitutional amendment. 
 
 Schuyler Colfax, 
 
 Speaker of the House of Representatives. 
 
 La Fayette S. Foster, 
 
 President of the Senate, pro tempore. 
 
 In the House op EBniEseNTATiVES, 
 
 March 2, 1867. 
 
 The President of the United States having returned to the House of 
 Kepresentatives, in which it originated, the bill entitled " An act to pro- 
 vide for the more efficient government of the rebel States," with his ob- 
 jections thereto, the House of Representatives proceeded, in pursuance of 
 the Constitution, to reconsider the same, and 
 
 Resolved, That the said bill do pass, two-thirds of the House of Repre- 
 sentatives agreeing to pass the same. 
 
 Attest: Edward MoPherson, 
 
 Clerk H. B. U. S. 
 
 In Senate of the United States, 
 
 March 2, 1867. 
 
 The Senate having proceeded, in pursuance of the Constitution, to re- 
 consider the bill entitled " An act to provide for the more efficient gov- 
 ernment of the rebel States," returned to the House of Representatives 
 by the President of the United States with his objections, and sent by the 
 House of Representatives to the Seniate with the message of the President 
 returning the bill, 
 
 Resolved, That the bill do pass, two-thirds of the Senate agreeing ta 
 
 pass the same. 
 
 Attest: J. "W. Forney, 
 
 Secretary of the Senate. 
 { 19) 
 
ARKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 Supplementary to an act entitled " An act to provide for the more 
 
 EFFICIENT government OF THE E,EBBL StATES," PASSED MaRCH SECOND, 
 EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND'TO FACILITATE RESTORATION. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That before the first day of September, 
 eighteen hundred and sixty-seven, the commanding general in each dis- 
 trict defined by an act entitled "An act to provide for the more efficient 
 government of the rebel States," passed March second, eighteen hundred 
 and sixty-seven, shall cause a registration to be made of the male citizens of 
 the United States, twenty-one years of age and upwards, resident in each 
 county or parish in the State or States included in his district, which reg- 
 istration shall include only those persons who are qualified to vote for 
 delegates by the act aforesaid, and who shall have taken and subscribed 
 
 the following oath or affirmation: "I, , do solemnly swear, (or 
 
 affirm,) in the presence of Almighty Grod, that I am a citizen of the State 
 of ; that I have resided in said State for — months next pre- 
 ceding this day, and now reside in the county of , or the parish 
 
 of , in said State, (as the case may be ;) that I am twenty-one years 
 
 old ; that I have not been disfranchised for participation in any rebellion 
 or civil war against the United States, nor for felony committed against 
 the laws of any State or of the United States ; that I have never been a 
 member of any State legislature, nor held any executive or judicial office 
 in any State and afterwards engaged in insui-rection or rebellion against 
 the United States, or given aid or comfort to the eneniies thereof; that I 
 have never taken an oath as a member of Congress of the United States, 
 or as an officer of the United States, or as a member of any State legisla- 
 ture, or as an executive or judicial officer of any State, to support the 
 Constitution of the United States, and afterwards engaged in insurrection 
 or rebellion against the United States, or given aid or comfort to the ene- 
 mies thereof; that I will faithfully support the Constitution and obey the 
 laws of the United States, and will, to the best of my ability, encourage 
 others so to do : So help me God;" which oath or affirmation may be ad- 
 ministered by any registering officer. 
 
 Sec. 2. And be it further enacted, That after the completion of the regis- 
 tration hereby provided for in any State, at such time and places therein 
 as the commanding general shall appoint and direct, of which at least 
 thirty days public notice shall be given, an election shall be held of dele- 
 gates to a convention for the purpose of establishing a constitution and 
 civil government for such State loyal to the Union, said convention in 
 (20) 
 
EBOONSTEUCTION ACTS OP CONGEBSS. 
 
 each State, except Virginia, to consist of the same number of members as 
 the^most numerous branch of the State legislature of such State in the 
 year eighteen hundred and sixty, to be apportioned among the several 
 districts, counties, or parishes of such State by the commanding general, 
 giwng to each representation in the ratio of voters registered as aforesaid 
 as nearly as may be. The convention in Virginia shall consist of the 
 same number of members as represented the territory now constituting 
 Virginia in the most numerous branch of the legislature of said State in 
 the year eighteen hundred and sixty, to be apportioned as aforesaid. 
 
 Sec. 3. And be it further enacted, That at said election the registered 
 voters of each State shall vote for or against a convention to form a con- 
 stitution therefor under this act. Those voting in favor of such a conven- 
 tion shall have v^ritten or printed on the ballots by which they vote for 
 delegates, as aforesaid, the words " For a convention," and those voting 
 against such a convention shall have written or printed on such ballots 
 the words " Against a convention." The persons appointed to superin- 
 tend said election, and to make return of the votes given thereat, as 
 herein provided, shall count and make return of the votes given for and 
 against a convention; and the commanding general to whom the same 
 shall have been returned shall ascertain and declare the total vote in each 
 State for and against a convention. If a majority of the votes given on 
 that question shall be for a convention, then such convention shall be held 
 as hereinafter provided; but if a majority of said votes shall be against 
 a convention, then no such convention shall be held under this act: Pro- 
 vided, That such convention shall not be held unless a majority of all 
 such registered voters shall have voted on the questions of holding such 
 convention. 
 
 Sec. 4. And be it further enacted. That the commanding general of each 
 district shall appoint as many boards of registration as may be necessary, 
 consisting of three loyal officers or persons, to make and complete the 
 registration, superintend the election, and make return to him of the 
 votes, list of voters, and of the persons elected as delegates by a plurality 
 of the votes cast at said election; and upon receiving said returns he 
 shall open the same, ascertiain the persons elected as delegates, according 
 to the returns of the officers who conducted said election, and make proc- 
 lamation thereof; and if a majority of the votes given on that question 
 shall be for a convention, the commanding general, within sixty days from 
 the date of election, shall notify the delegates to assemble in convention, 
 at a time and place to be mentioned in the notification, and said conven- 
 tion, when organized, shall proceed to frame a constitution and civil gov- 
 ernment according to the provisions of this act, and the act to which it is 
 supplementary ; and when the same shall have been so framed, said con- 
 stitution shall be submitted by the convention for ratification to the 
 persons registered under the provisions of this act at an election to be 
 
 ( 21 ) 
 
ARKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 conducted by the officers or persons appointed, or to be appointed by the 
 commanding general, as hereinbefore provided, and to be held after the 
 expiration of thirty days from the date of notice thereof, to be given by 
 said convention; and the returns thereof shall be made to the command- 
 ing general of the district. 
 
 Sec. 5. And be it further enacted, That if, according to said returns, 
 the constitution shall be ratified by a majority of the votes of the regis- 
 tered electors qualified as herein specified, cast at said election, at least 
 one-half of all the registered voters voting upon the question of such 
 ratification, the president of the convention shall transmit a copy of the 
 same, duly certified, to the President of the United States, who shall 
 forthwith transmit the same to Congress, if then in session, a,pd"if not in 
 session, then immediately upon its next assembling; and if it shall more- 
 over appear to Congress that the election was one at which all the regis- 
 tered and qualified electors in the State had an opportunity to vote freely, 
 and without restraint, fear, or the influence of fraud, and if the Congress 
 shall be satisfied that such constitution meets the approval of a majority 
 of all the qualified electors in the State, and if the said constitution shall 
 be declared by Congress to be in conformity with the provisions of the 
 act to which this is supplementary, and the other provisions of said act 
 shall have been complied with, and the said constitution shall be approved 
 by Congress, the State shall be declared entitled to representation, and 
 senators and representatives shall be admitted therefrom as therein 
 provided. 
 
 Sec. 6. And he it further enacted. That all elections in the States men- 
 tioned in the said " Act to provide for the more efficient government of the 
 rebel States," shall, during the operation of said act, be by ballot; and all 
 officers making the said registration of voters, and conducting said elec- 
 tions, shall, before entering upon the discharge of their duties, take and 
 subscribe the oath prescribed by the act approved July second, eighteen 
 hundred and sixty-two, entitled "An act to prescribe an oath of office:" 
 Provided, That if any person shall knowingly and falsely take and sub- 
 scribe any oath in this act prescribed, such person so offending, and being 
 thereof duly convicted, shall be subject to the pains, penalties, and dis- 
 abilities which by law are provided for the punishment of the crime of 
 wilful and corrupt perjury. 
 
 Sec. 7. And be it further enacted. That all expenses incurred by the sev- 
 eral commanding generals, or by virtue of any orders issued, or appoint- 
 ments made by them, under or by virtue of this act, shall be paid out of 
 any moneys in the Treasury not otherwise appropriated. 
 
 Sec. 8. And be it further enacted, That the convention for each State shall 
 
 prescribe the fees, salary, and compensation to be paid to all delegates and 
 
 other officers and agents herein authorized or necessary to carry into effect 
 
 the purposes of this act, not herein otherwise provided for, and shall pro- 
 
 ( 22) 
 
EECONSTEUCTION ACTS OP CONGEESS. 
 
 vide for the levy and collection of such taxes on the property in such State 
 as may be necessary to pay the same. 
 
 Sec. 9. And be it further enacted. That the word " article," in the sixth 
 section of the act to which ttis is supplementary, shall be construed to 
 mean " section." 
 
 Schuyler Colfax, 
 
 Speaker of the House of Eepresentativea. 
 
 B. F. Wade, 
 
 President of the Senate, pro tempore. 
 
 In the House ov Repbesbntatitbs, U. S., 
 
 March 23d, 1867. 
 
 The President of the United States having returned to the House of 
 Representatives, in which it originated, the bill entitled " An act supple- 
 mentary to an act entitled ' An act to provide for the more efficient gov- 
 ernment of the rebel States,' passed March second, eighteen hundred and 
 sixty-seven, and to facilitate restoTation," with his objections thereto, the 
 House of Representatives proceeded, in pursuance of the Constitution, to 
 reconsider the same ; and — 
 
 Resolved, That the said bill do pass, two-thirds of the House of Repre- 
 sentatives agreeing to pass the same. 
 
 Attest: Edwd. McPheeson, 
 
 Clerk H. K. TJ. S. 
 
 In Senate or the United States, 
 
 March 23d, 1867. 
 
 The Senate having proceeded, in pursuance of the Constitution, to re- 
 consider the bill entitled " An act supplementary to an act entitled ' An 
 act to provide for the more efficient government of the rebel States,' 
 passed March second, eighteen hundred and sixty-seven, and to facilitate 
 restoration," returned to the House of Representatives by the President 
 of the United States, with his objections, and sent by the House of Rep- 
 resentatives to the Senate, with the message of the President returning 
 the bill— 
 
 Resolved, That the bill do pass, two-thirds of the Senate agreeing to 
 
 pass the same. 
 
 Attest: J. W. Fornet, 
 
 Secretary. 
 
 ( 23 
 
AEKAFSAS COlSrSTITUTION'AL COKYEJSTTION, 1868. 
 
 Supplementary to an act entitled "An act to provide for the more 
 
 EFFICIENT GOVERNMENT OF THE EeBEL StaTES," PASSED ON THE SECOND 
 
 DAY OF March, eighteen hundred and sixty-seven, and the act 
 
 SUPPLEMENTARY THERETO, PASSED ON THE TWENTY-THIRD DAY OF MARCH, 
 EIGHTEEN HUNDRED AND SIXTY-SEVEN. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in. Congress assembled, That it is hereby declared to have been 
 the true intent and meaning of the act of the second day of March, one 
 thousand eight hundred and sixty-seven, entitled "An act to provide for 
 the more efficient government of the rebel States," and of the act supple- 
 mentary thereto, passed on the twenty-third day of March, in the year 
 one thousand eight hundred and sixty-seven, that the governments then 
 existing in the rebel States of Virginia; North Carolina, South Carolina, 
 Greorgia, Mississippi, Alabama, Louisiana, Flojida, Texas, and Arkansas, 
 were not legal State governments ; and that thereafter said governments, 
 if continued, were to be continued subject in all respects to the military 
 commanders of the respective districts, and to the paramount authority 
 of Congress. 
 
 Sbc. 2. And be it further enacted, That the commander of any district 
 named in said act shall have power, subject to the disapproval of the 
 General of the army of the United States, and to have effect till disap- 
 proved, whenever in the opinion of such commander the proper adminis- 
 tration of said act shall require it, to suspend or remove from office, or 
 from the performance of official duties and the exercise of official powers, 
 any officer or person holding or exercising, or professing to hold or exer- 
 cise, any civil or military office or duty in such district under any power, 
 election, appointment, or authority derived from, or granted by, or 
 claimed under, any so-called State or the government thereof, or any mu- 
 nicipal or other division thereof; and upon such suspension or removal 
 such commander, subject to the disapproval of the General as aforesaid, 
 shall have power to provide from time to time for the performance of the 
 said duties of such officer or person so suspended or removed, by the de- 
 tail of some competent officer or soldier of the army, or by the appointment 
 of some other person, to perform the same, and to fill vacancies occasioned 
 by death, resignation, or otherwise. 
 
 Sec 3. And be it further enacted, That the General of the army of the 
 United States shall be invested with all the powers of suspension removal 
 appointment, and detail granted in the preceding section to district com- 
 manders. 
 
 Sec. 4. And be it further enacted. That the acts of the officers of the 
 ( 24) 
 
EECONSTEUCTIOK" ACTS OP COISTGEESS. 
 
 army already done in removing in said districts, persons exercising the 
 functions of civil officers, and appointing others in their stead, are hereby 
 confirmed : Provided, That any person heretofore or hereafter appointed 
 by any district commander to exercise the functions of any civil office, 
 may be removed either by the military officer in command of the district, 
 or by the General of the army. And it shall be the duty of such com- 
 mander to remove from office as aforesaid all persons who are disloyal to 
 the government of the United States, or who use their official influence in 
 any manner to hinder, delay, prevent, or obstruct the due and proper ad- 
 ministration of this act and the acts to which it is supplementary. 
 
 Sec. 5. And he it further enacted, That the boards of registration provided 
 for in the act entitled "An act supplementary to an act entitled 'An act 
 to provide for the more efficient government of the rebel States,' passed 
 March two, eighteen hundred and sixty-seven, and to facilitate restora- 
 tion," passed March twenty-three, eighteen hundred and sixty-seven, shall 
 have power, and it shall be their duty before allowing the registration of 
 any person, to ascertain, upon such facts or information as they can ob- 
 tain, whether such person is entitled to be registered under said act, and 
 the oath required by said act shall not be conclusive on such question, 
 and no person shall be registered unless such board shall decide that he 
 is entitled thereto ; and such board shall also have power to examine, 
 under oath, (to be administered by any member of such board,) any one 
 touching the qualification of any person claiming registration ; but in 
 every case of refusal by the board to register an applicant, and in every 
 case of striking his name from the list as hereinafter provided, the board 
 shall make a note or memorandum, which shall be returned with the reg- 
 istration list to the commanding general of the district, setting forth the 
 grounds of such refusal or such striking from the list : Provided, That no 
 person shall be disqualified as member of any board of registration by 
 reason of race or color. 
 
 Sec. 6. And he it further enacted. That the true intent and meaning ..of 
 the oath prescribed in said supplementary act is, (among other things,) 
 that no person who has been a member of the Legislature of any State, 
 or who has held any executive or judicial office in any State, whether 
 he has taken an oath to support the Constitution of the United States or 
 not, and whether he was holding such office at the commencement of 
 the rebellion, or had held it before, and who has afterwards engaged in 
 insurrection or rebellion against the United States, or given aid or com- 
 fort to the enemies thereof, is entitled to be registered or to vote ; and 
 the words "executive or judicial office in any State" in said oath men- 
 tioned shall be construed to include all civil offices created by law for 
 the administration of any general law of a State, or for the administra- 
 tion of justice. 
 
 Sec." 7. And be it further enacted, That the time for completing the 
 
 ( 25) 
 
ARKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 original registration provided for in said act may, in the discretion of 
 the commander of any district, he extended to the first day of October, 
 eighteen hundred and sixty-seven ; and the hoards of registration shall 
 have power, and it shall he their duty, commencing fourteen days prior 
 to any election under said act, and upon reasonable public notice of the 
 time and place thereof, to revise, for a period of five days, the registra- 
 tion lists, and upon being satisfied that any person not entitled thereto 
 has been registered, to strike the name of such person from the list, and 
 such person shall not be allowed to vote. And such board shall also, 
 during the same period, add to such registry the names of all persons 
 who at that time possess the qualifications required by said act who have 
 not been already registered ; and no person shall, at any time, be entitled 
 to be registered or to vote by reason of any executive pardon or amnesty 
 for any act or thing which, without such pardon or amnesty, would dis- 
 qualify him for registration or voting. 
 
 Sec. 8. And be it further enacted, That section four of said last-named 
 act shall be construed to authorize the commanding general named 
 therein, whenever he shall d^em it needful, to remove any member of a 
 board of registi-ation and to appoint another in his stead, and to fill any 
 vacancy in such board. 
 
 Sec. 9. And be it further enacted, That all members of said boards ot 
 registration and all persons hereafter elected or appointed to office in 
 said military districts, under any so-called State or municipal authority, 
 or hj detail or appointment of the district commanders, shall be required 
 to take and to subscribe the oath of office prescribed by law for officers 
 of the United States. 
 
 Sec. 10. And be it further enacted, That no district commander or mem- 
 ber of the board of registration, or any of the officers or appointees act- 
 ing under them, shall be bound in his action by any opinion of any civil 
 officer of the United States. 
 
 Sec. 11. And be it further enacted, That all the provisions of this act and 
 of the acts to which this is supplementary shall be construed liberally, to 
 the end that all the intents thereof may be fully and perfectly carried out. 
 
 ScHDYLER Colfax, 
 
 Speaker of the House of Kepresentatives. 
 
 B. F. Wade, 
 
 President of the Senate, pro tempore. 
 
 In the House of Repebsentativbs, U. S. 
 
 July 19th, 1867. 
 
 The President of the United States having returned to the House of 
 Representatives, in which it originated, the bill entitled " An act supple- 
 mentary to an act entitled 'An act to provide for the more efficient 
 government of the rebel States,' passed on the second day of March 
 { 26 ) 
 
OEDERS OF DISTEICT COMMANDER 
 
 eighteen hundred and sixty-seven, and the act supplementary thereto, 
 passed on the twenty-third day of March, eighteen hundred and sixty- 
 seven," vpith his objections thereto, the House of Representatives pro- 
 ceeded, in pursuance of the Constitution, to reconsider the same; and 
 
 Resolved, That the bill do pass, tvpo-thirds of the House of Eepresenta- 
 tives agreeing to pass the same. 
 
 Attest : Edw'd. McPherson, 
 
 Clerk H. E. XJ. S. 
 
 Its the Senate op the United States, 
 
 July 19, 1867. 
 
 The Senate having proceeded, in pursuance of the Constitution, to re- 
 consider the bill entitled " An act supplementary to an act entitled ' An 
 act to provide for the more efficient government of the rebel States,' 
 passed on the second day of March, eighteen hundred and sixty-seven, and 
 the act supplementary thereto, passed on the twenty-third day of March, 
 eighteen hundred and sixty-seven," returned to the House of Representa- 
 tives by the President of the United States, with his objections, and sent 
 by the House of Representatives to the Senate, with the message of the 
 President returning the bill : 
 
 Besolved, That the bill do pass, two-thirds of the Senate agreeing to 
 pass the same. 
 
 Attest : J. W. Forney, 
 
 Secretary. 
 
 By W. J. McDonald, 
 
 Chief Clerk. 
 
 HEADQUARTBES FOUETH MILITAET DISTEICT, 
 
 (Mississippi and Arkansas) 
 
 Oefice op Civil Affairs, 
 
 ViCKSBTTKG, Miss., September 26th, 1867. 
 
 General Orders \_ 
 ]!fo. 31. i 
 
 I. The registration of the legal voters in this Military District having 
 been completed, in compliance with the provisions of the Act of Congress, 
 entitled " An Act to provide for the more efficient government of the 
 rebel States," and the Acts supplementary thereto, an election is hereby 
 ordered to be held in the States composing the same, commencing on the 
 first Tuesday in JSTovember next, and continuing as hereinafter prescribed, 
 until completed, to determine whether conventions shall be held, " for 
 the purpose of establishing constitutions and civil governments for th^ 
 
 ( 27 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 States loyal to the Union," and, in case a majority of the votes cast are 
 in favor thereof, for delegates thereto. 
 
 II. In order to secure as nearly as possible a full expression of the 
 voice of the people, the election will be held at each precinct of every 
 county of the States in the District and — as required by law — under the 
 supervision of the County Boards of registration. The method of con- 
 ducting the election in each county will be as follows: Immediately upon 
 receipt of this order each Board of registrars will meet — divide the whole 
 number of election precincts of their respective counties into three por- 
 tions as nearly equal in number as possible, and assign one of the shares 
 thus made to each registrar, who will be responsible for the proper con- 
 duct of the election therein. Thereupon each registrar will appoint a 
 judge and clerk of»election, who, with himself, will constitute the " Com- 
 missioners of election," for all the precincts of his district. Each regis- 
 trar will provide himself with a ballot-box, with lock and key and of 
 sufficient size to contain the votes of all the registered voters in his largest 
 precinct. Each registrar will give full and timely notice throughout his 
 district, of the day of election in each precinct, so that he, with his judge 
 and clerk, can proceed from precinct to precinct of his district, and 
 hold election on consecutive days — when the distance between precincts 
 will permit — with a view to the early completion of the voting. The 
 election will be by ballot, and will be conducted in all details, not herein 
 prescribed, according to the customs heretofoi'e in use in the respective 
 States. Each ballot will have written or printed upon it : " Eor a Con- 
 vention " or " Against a Convention," and in addition the correct name 
 (or names) of the delegate (or delegates) voted for. Each voter, in offer- 
 ing his ballot must exhibit his certificate of registry, across the face of 
 which the clerk of election will write his name in red ink, to indicate 
 that a vote has been cast upon that certificate — at the same time the reg- 
 istrar will check off the voter's name on the precinct book, serving as the 
 "poll book." The polls will be opened at 10 o'clock a. m., at each pre- 
 cinct, and will be kept continuously open until sunset, at which time the 
 polls will be closed, the ballot-box opened, votes Counted by the Commis- 
 sioners and a written return thereof, under oath of the Commissioners, 
 immediately made to these Headquarters, in duplicate. The votes cast 
 will then be securely enclosed and forwarded by mail to the Assistant 
 Adjutant General at these Headquarters, with a letter of transmittal, 
 setting forth, the number of votes cast for and the number against a con- 
 vention, which letter will be witnessed by the deputy sheriff present in 
 accordance with the requirements of paragraph V of this order. (Special 
 instructions will be given hereafter with regard to the voting of some of 
 the more populous precincts, in which it would be difficult to take the 
 entire vote by the above method in one day.) 
 (28) 
 
OEDBES OF DISTEICT COMMAKDBE. 
 
 III. Judges and clerks of election will be- selected by registrars, prefer- 
 ably from among tbe residents of their respective districts, but if they 
 cannot be obtained therein, competent and qualified under the law, then 
 from among the residents of the county, and if not attainable in the county, 
 then from the State at large ; they are required to take and subscribe to 
 the oath of office, prescribed by the Act of Congress of July 2d, 1862, 
 which oath may be administered by the registrar. The oaths, properly 
 subscribed, will be forwarded immediately for file in the oflice of the 
 Assistant Adjutant CJeneral at these Headquarters. 
 
 The pay of these officers will be six dollars ($6) per diem, for each day 
 they are actually employed on their legitimate duty, and their actual ex- 
 penses of transportation within their district will be reimbursed. 
 
 rV". Commencing fourteen days before the election, Boards of registrars 
 will, after having given reasonable public notice of the time and place 
 thereof, revise, for a period of five days, the registration lists, and, upon 
 being satisfied that any person not entitled thereto has been registered, 
 will strike the name of such person from the list, and such person shall 
 not be allowed to vote. The Boards will also during the same period, 
 add to the registry the names of all persons, who at that time possess the 
 qualifications required by law, and who have not been already registered. 
 All changes made in the lists of registered voters, will be immediately 
 reported to these Headquarters. 
 
 "V". The Sheriff of each county is made responsible for the preservation 
 of good order, and the perfect freedom of the ballot at the various election 
 precincts in his county. To this end he will appoint a deputy — who shall 
 be duly qualified under the laws of his State — for each precinct in the 
 county, who will be required to be present at the place of voting during 
 the whole time the election is being held. The said deputies will 
 promptly and fully obey every demand, made upon their official services 
 by the Commissioners of Election, in furtherance of good order during 
 the election, under penaltyof immediate arrest and trial by Military Com- 
 mission. Sheriffs, in making their appointments, will exei'cise great care 
 to select men whom they know to be in every way able to serve. The 
 persons thus selected are required to accept; no excuse will be taken for 
 failure to serve. 
 
 VI. As an additional measure for securing the purity of the election, 
 each registrar, judge and clerk, is hereby clothed with all the functions 
 of a civil executive officer, is empowered to make ari-ests, and authorized 
 to perform all duties appertaining to such officers under the laws of the 
 States, during the days of election. 
 
 VII. At every precinct during the election, all public bar-rooms, sa- 
 
 { 29 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION", 1868. 
 
 loons or other places at which intoxicating or malt liquor is sold at retail, 
 will be closed from 5 o'clock a. m. until 10 o'clock p. m. Should any in- 
 fraction of this order in this respect, come to the knowledge of the Com- 
 missioners of election, or the deputy sheriff in attendance, they will imme- 
 diately cause the arrest of the offending party, or parties, and the closing 
 of his, or their, place of business. AH parties so arrested will be placed 
 under bonds, of not less than one hundred dollars ($100), to appear for 
 trial when required by proper authority, or in case of failure to give the 
 required bond, will be held in arrest to await the action of the General 
 Commanding. 
 
 VIII. Should violence or fraud be perpetrated at the election in any 
 precinct, the General Commanding will exercise to the fullest extent the 
 powers vested in him for the prompt punishment of offenders, and the elec- 
 tion will be held over again under the protection of United States troops. 
 
 IX. No registrar, judge or clerk will be permitted to become a candi- 
 date for office at the election for which he serves as Commissioner. 
 
 X. "When the election returns are received from all the counties, the 
 result of the election will be made known, and in case the majority of the 
 legal votes cast are in favor of a Convention, the names of the delegates 
 elected thereto will be officially announced, and further orders published 
 assembling the Convention. 
 
 XI. The number of delegates to be voted for in the State oi Missis- 
 sippi is one hundred, apportioned among the counties as follows : 
 
 To the county of Warren — five. 
 
 To the counties of Lowndes and Hinds, each — four. 
 
 To the counties of 
 
 Marshall. Monroe. CarmU. 1 
 
 f three each. 
 
 two each. 
 
 De Soto, 
 
 Marshall, 
 
 Monroe, 
 
 Carroll, 
 
 Noxubee, 
 
 Washington, 
 
 Yazoo, 
 
 Adams, 
 
 To the counties of 
 
 
 
 
 Tippah, 
 
 Tishomingo, 
 
 Panola, 
 
 Lafayette, 
 
 Lee, 
 
 Yallobusha, 
 
 Chickasaw, 
 
 Holmes, 
 
 Attala, 
 
 Madison, 
 
 Eanldn, 
 
 Lauderdale, 
 
 Claiborne, 
 
 Copiah, 
 
 JefiFerson, 
 
 Wilkinson, 
 
 To the counties of 
 
 
 
 
 Pontotoc, 
 
 Itawamba, 
 
 Tunica, 
 
 Coahoma, 
 
 Bolivar, 
 
 Tallahatchie, 
 
 Calhoun, 
 
 Sunflower, 
 
 Winston, 
 
 Issaquena, 
 
 Neshoba, 
 
 Kemper, 
 
 Leake, 
 
 Scott, 
 
 Newton, 
 
 Jasper, 
 
 Clark, 
 
 Wayne, 
 
 Lawrence, 
 
 Franklin, 
 
 Amite, » 
 
 Pike, 
 
 Harrison, 
 
 
 one each. 
 
 To the counties of Oktibbeha and Choctaw, together — three. 
 To the counties of Simpson and Covington, together — one. 
 To the counties of Smith and Davis, together — one. 
 To the counties of Marion and Hancock, together — one. 
 To the counties of Perry, Greene and Jackson, together — one. 
 ( 30) 
 
OEDERS OF DISTRICT COMMANDER. 
 
 In addition to the number of delegates hereinbefore apportioned to the counties of Holmes 
 and Madison, they will, together, vote for one delegate. 
 
 The number of delegates to be voted for in the State of Arkansas is 
 seventy-five, apportioned among the counties as follows : 
 
 To the counties of Pulaski, Jefferson and 
 
 Phillips, each- 
 
 -four. 
 
 
 To the county of Hempstead — three. 
 
 
 
 
 To the counties of 
 
 
 
 
 
 Washington, 
 
 Lafayette, 
 
 Clark, 
 
 Ouachita, ^ 
 
 
 Columbia, 
 
 Union, 
 
 Drew, 
 
 Ashley, 
 
 - two each. 
 
 Arkansas, 
 
 Prairie, 
 
 White, 
 
 Independence, ' 
 
 
 To the counties of 
 
 
 
 
 
 Benton, 
 
 Crawford, 
 
 Sebastian, 
 
 Sevier, 
 
 
 Little Biver, 
 
 Tell, 
 
 Scott, 
 
 Franklin, 
 
 
 Madison, 
 
 Carroll, 
 
 Johnson, 
 
 Pope, 
 
 
 Conway, 
 Hot Springs, 
 
 Van Buren, 
 Dallas, 
 
 Izard, 
 Calhoun, 
 
 Saline, 
 Bradley, 
 
 ■ one -each. 
 
 Chicot, 
 
 Desha, 
 
 Monroe, 
 
 Woodruff, 
 
 
 St. Francis, 
 
 Crittenden, 
 
 Greene, 
 
 Randolph, 
 
 
 Lawrence, 
 
 Jackson, 
 
 
 
 
 To the counties of Polk and Pike, together — one. 
 
 To the counties of Montgomery and Perry, together — one. 
 
 To the counties of Newton and Marion, together — one. 
 
 To the counties of Pulton and Searcy, together — one. 
 
 To the counties of Poinsett and Cross, together — one. 
 
 To the counties of Mississippi and Craighead, together — one. 
 
 By command of Brevet Major G-eneral Ord. 
 
 0. D. Greene, 
 
 Assistant Adjutant General. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 Ori-iOB ov Civil Appaies, 
 
 VicKSBURG, Miss., October 2d, 1867. 
 
 Circular 1 
 No. 18. i 
 The following modifications of the method of conducting the ensuing 
 election, as promulgated in General Orders No. 31, current series, from 
 these Headquarters, are adopted and published to the Boards of Regis- 
 trars concerned, for their guidance in the election at the following pre- 
 cincts, to wit: Vicksburg, Warren County, Natchez, Adams County, 
 Columbus, Lowndes County, Jackson, Hinds County, Yazoo City, Yazoo 
 County, Aberdeen, Monroe County, Canton, Madison County, Hernando, 
 De Soto County, Grenada, Yallobusha County, Brandon, Rankin County, 
 
 ( 31 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 Meridian, Lauderdale County, Port Gibson, Claiborne County, and Lex- 
 ington, Holmes County, all of Mississippi; and Little Eock, Pulaski 
 County, Helena, Phillips County, of Arkansas. These precincts will be 
 omitted from the count of the vvhole number of precincts to be divided 
 amongst the registrars, as prescribed in General Orders No. 31, and each 
 member of the respective Boards of Registrars from the counties will, with 
 his judge and clerk, open a poll in the precinct during the election, mak- 
 ing three (3) polls for the town. The time and places of holding such 
 polls in the precinct, will be determined by the Board when it meets, as 
 directed in paragraph II of General Orders No. 31, and will be selected 
 with a view of furnishing the greatest facility to the voters in casting 
 their votes. The election will continue during two (2) days, one day for 
 the white voters and one for the colored, of which due notification will 
 be given by the Boards. The clerks of election for the counties in 
 which these precincts are situated, should be required by the registrars to 
 make two additional copies (to be certified by the Board as correct) of the 
 revised precinct book for use at these polls. The name of either clerk 
 of election in the precinct, written or stamped in red ink across the face 
 of a certificate of registry, will be the check against duplicate voting ou 
 the same certificate. 
 
 The election returns in these precincts will be consolidated by the Com- 
 missioners of election at the end of the second day's voting, and forwarded 
 to these Headquarters. 
 
 By command of Brevet Major General Oed. 
 
 0. D. Greene, 
 
 Assistant Adjutant G-eneral. 
 
 HEADQUARTEES POUETH MILITARY BISTEICT, 
 
 (Mississippi and Arkansas) 
 
 Office of Civil Affairs, 
 
 HoLLT Spkinqs, Miss., December 5th, 1867. 
 
 General Orders 1 
 No. 87. J 
 
 I. At the election held in the States of Mississippi and Arkansas,— 
 commencing on the 6th day of November, 1867, and continuing until 
 completed,— to determine whether State Conventions should be held 
 "for the purpose of establishing constitutions and civil governments" for 
 those States, " loyal to the Union," and for delegates thereto, a majority 
 of the registered voters in each of the States having voted on the question 
 of Convention, and the number of votes cast " For a Convention " in 
 each State, being a majority of all the votes cast therein on the question 
 ( 32 ) 
 
OEDBES OP DISTEICT COMMANDEE. 
 
 the Conventions will be held as provided by the Act of Congress, approved 
 March 23d, 1867. 
 
 The Hall of the House of Representatives in the State House, at Jack- 
 son, Mississippi, and 11 o'clock a.m., Tuesday the 7th day of January, 
 1868, are designated as the place and time for the assembling of the Con- 
 vention for the State of Mississippi. 
 
 The Hall of the House of Representatives in the State House at Little 
 Rock, Arkansas, and 11 o'clock a.m., Tuesday the 7th day of January, 
 1868, are designated as the place and time for the assembling of the Con- 
 vention for the State of Arkansas. 
 
 n. Irregularities in the conduct of the election in certain precincts of 
 the States composing the District, having been reported to these Head- 
 quarters, and the vote in those precincts having been suspended, to await 
 official investigation, renders it impracticable to promulgate at the present 
 time the lists of delegates elected to the respective State Conventions, as 
 also " the total vote in each State for and against a Convention." The 
 lists of delegates and the total vote will be published in General Orders 
 as soon as practicable, after they are correctly ascertained. 
 
 By command of Brevet Major General Ord. 
 
 0. D. Greene, 
 
 Assistant Adjutant General. 
 
 HBADQUAETBES FOUETH MILITAEY DISTEICT, 
 
 (Mississippi and Arkansas) 
 
 Office of Civil Affairs, 
 
 Holly Springs, Miss., December 21, 1867. 
 
 General Orders \ 
 m. 43. I 
 
 I. At the election recently held in the State of Arkansas, to determine 
 whether a Convention should be called " for the purpose of establishing 
 a Constitution and civil government for the State, loyal to the Union," and 
 for delegates thereto, forty-one thousand one hundred and thirty-four (41,134) 
 votes were cast upon the question of holding such Convention, of which 
 number twenty-seven thousand five hundred and seventy-six (27,576) votes were 
 cast " For a Convention," and thirteen thousand five hundred and fifty-eight 
 (13,558) were cast " Against a Convention." The total number of regis- 
 tered voters in tbe State is sixty-six thousand eight hundred and five, (66,805.) 
 The number of votes cast on the question of Convention being in excess 
 of the number required by the Act of Congress approved March 23d, 
 1867, and a majority of those votes having been cast "For a Convention," 
 
 3 ( 33 ) 
 
AEKANSAS CONSTITUTIONAL OON'VENTION, 1868. 
 
 the Convention will be held and will assemble as heretofore directed in 
 General Orders l^o. 37, current series, from these Headquarters, dated 
 December 5, 1867. 
 
 II. The following delegates were duly elected to the Convention, accord- 
 ing to the returns of the officers who conducted said election, and are 
 hereby notified to meet in Convention as directed in the above-mentioned 
 General Orders No. 37, current series, from these Headquarters. 
 
 From Arkansas County — two delegates : 
 
 John McGlure, John H. Hutchinson. 
 " Ashley County— Election for delegates invalid, new election 
 
 ordered. 
 " Bradley County — one delegate: 
 
 John M. Bradley. 
 " Benton County — one delegate : 
 
 W. W. Reynolds. 
 " Calhoun County — Election for delegates invalid, new election 
 
 ordered. 
 " Chicot County — one delegate : 
 
 James W. Mason. 
 " Carroll County — one delegate : 
 
 Joseph Wright. , 
 
 " Clark County — two delegates : 
 
 Solomon Exon, Miles L. Langly, 
 " Columbia County — two delegates : 
 
 Wm. A. Beasley, George "W". McCowu. 
 " Conway County — one delegate : 
 
 Anthony Hinkle. 
 " Craighead and Mississippi Counties — one delegate : 
 
 Fred. E. Poole. 
 " Crawford County — one delegate : 
 
 Thomas M. Bowen. 
 " Crittenden County — one delegate : 
 
 Asa Hodges. 
 " Cross and Poinsett Counties — one delegate : 
 
 Jeffre A. Houghton. 
 " Dallas County — one delegate: 
 
 G. H. Kyle. 
 " Desha County — one'delegate: 
 
 Clifibrd Stanley Sims. 
 " Drew County — two delegates : 
 
 8. J. Mathews, E. G. Puutney. 
 " Franklin County — one delegate : 
 
 Eobert Hatfield. 
 ( 34 ) 
 
OEDEES OF DISTEICT OOMMANDBE. 
 
 From Fulton and Searcy Counties — one delegate : 
 
 William A. Wyatt. 
 " Greene County — one delegate : 
 
 Hampton T. Allen. 
 " Hempstead County — three delegates : 
 
 John E. Montgomery, Solomon D. Belden, Richard Samuels. 
 " Hot Springs County — one delegate : 
 
 John W. Harrison. 
 " Jackson County — one delegate : 
 
 W. H. Pickett. 
 " Lawrence County — one delegate : 
 
 Bouldin Duvall. 
 " Little River County — one delegate : 
 
 George S. Scott. 
 " Lafayette County — two delegates : 
 
 Monroe E. Hawkins. (One vacancy, new election ordered.) 
 " Madison County — one delegate : 
 
 Francis M. Sams. 
 " Marion and Newton Counties — one delegate : 
 
 Parley A. "Williams. 
 " Montgomery and Perry Counties — one delegate : 
 
 John C. Priddy. 
 " Monroe County — one delegate : 
 
 A. H. Evans. 
 " Ouachita County — two delegates : 
 
 J. P. Partis, K E". Rawlings. 
 " Polk and Pike Counties — one delegate : 
 
 Elijah Kelly. 
 " Pope County— one delegate : 
 
 Walter W. Breashear. 
 " Prairie County — two delegates : 
 
 Robert S. Gannt, "Wm. F. Hicks. 
 " Pulaski County — four delegates : 
 
 James Hinds, James L. Hodges, Thos. Johnson, Henry Rector. 
 " Phillips County — four delegates : 
 
 Joseph Brooks, James T. White, Thomas Smith, Wm. H. Gray. 
 " Randolph County — one delegate: 
 
 Ham. W. Ratcliffe. 
 " Saline County — one delegate : 
 
 James H. Shoppach. 
 " Sebastian County — one delegate : 
 
 Moses Bell. 
 " Scott County — one delegate : 
 
 Charles H. Oliver. 
 
 ( 35 ) 
 
AEKANSA8 CO:N"STITUTIO]SrAL CONVBJSTTIOlSr, 1868. 
 
 From Sevier County — one delegate : 
 
 Joseph A. Gorbell. 
 " St, Francis County — one delegate : 
 
 Daniel Coates. 
 " Union County — two delegates : 
 
 Ira L. Wilson, Robert C. Van Hook. 
 " Van Buren County — one delegate : 
 
 Isaac Milsap. 
 " Washington County — two delegates : 
 
 C. W. Walker, J. M. Hoge. 
 " White County — two delegates : 
 
 J. N. Cypert, Thomas Owen. 
 " Woodruft" County — one delegate : 
 
 W. H. Gray. 
 " Yell County — one delegate: 
 
 T. M. Rounsaville. 
 
 Delegates Elect will upon identification be furnished with official copies 
 of this Order at the Headquarters of General C. H. Smith, Commanding 
 Sub-District of Arkansas, Little Eock, Arkansas, which will constitute 
 their certificate of election. 
 
 By command of Brevet Major General Ord. 
 
 0. D. G-KBBNB, 
 Assistant Adjutant General. 
 
 ( 36 ) 
 
SUPPLEMENTAEY 
 
 OEDERS 
 
 FROM 
 
 HEADUUAETEES FOURTH MILITARY DISTRICT, 
 
 AND 
 
 HEADQUARTERS SUB-DISTRICT OF ARKANSAS, 
 
 REGARDING CERTAIN 
 
 SPECIAL ELECTIONS 
 
 FOR MEMBEES OF THE CONYElSrTIOISr. 
 
 Special Orders, 
 JSTo. 120. 
 
 HEADQUARTEES SUB-DISTEICT OF AEKANSAS, 
 
 Little Rock, Arkansas, December 21, 1867. 
 
 } 
 
 At the recent election in Calhoun County, in this State, for a delegate to the 
 Convention to form a State Constitution, the natural rights of electors having 
 been materially interfered with by one of the registrars, Mr. G. Z. Adams, pre- 
 venting a voter from casting a ballot for an anti-convention candidate on a 
 " For Convention" ticket, and for other similar acts, the election is declared 
 invalid so far as the election of a delegate of that county is concerned, and, by 
 authority of Brevet Major General E. O. C. Ord, commanding the Fourth 
 Military District, an election is hereby ordered at Hampton, the county seat 
 of Calhoun County, on Friday, the 3d day of January next, for the purpose 
 of electing a delegate to the Convention ordered to assemble at Little Eock, 
 Arkansas, the 7th proximo. The election will be by ballot, and the polls will 
 be kept open from 7 a. m. till sunset. Second Lieutenant S. C. Vedder, 28th 
 U. S. Infantry, is hereby appointed registrar to conduct the election, who will 
 appoint a judge and clerk, and obtain the precinct books from the county clerk, 
 for the purpose of holding the election. The election will be conducted and 
 returns made in manner prescribed by General Orders No. 31, dated Head- 
 
 ( 37 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 quarters 4th Military District, Vicksburg, Mississippi, September 26, 1867, in 
 all respects, when not in conflict with this. 
 
 By command of Brevet Brigadier General C. H. Smith, U. S. A. 
 
 Samuel M. Mills, 
 1st Lieutenant and Adjutant 28th V. S. Infantry, 
 Acting Assistant Adjutant General. 
 
 Special Orders 
 No. 127. ■ 
 
 HEADQUAKTEKS SUB-DISTKICT OF ARKANSAS, 
 
 Little Eock, Aek., December 30, 1867. 
 
 } ■ . 
 
 A. M. Merrick, late registrar for Lafayette Co., having materially inter- 
 fered with the revision of the list of voters, and having in other respects 
 conducted himself in a manner disgraceful' to the position he occupied and 
 subsequently having become a candidate for delegate to the Convention, the 
 election in that county so far as it relates to the election of A. M. Merrick, as 
 a delegate to the Constitutional Convention, is hereby declared invalid, and by 
 authority of Brevt. Maj. Genl. Ord, Comdg. 4th Military District, an election 
 is hereby ordered at Lewisville the county seat, on Friday, the 10th day of 
 January, 1868, for the purpose of electing one delegate to the Constitutional 
 Convention. The election will be by ballot ; the polls will be kept open from 7 
 A. M. till sunset for one day only. Frank H. Lee, the retained registrar, for 
 Lafayette County, will conduct the election, appoint a judge and clerk and 
 obtain the precinct books from the County Clerk for the purpose of holding 
 the election. The election will be conducted and returns made in manner pre- 
 scribed by General Orders No. 31, dated Headquarters 4th Military District, 
 Vicksburg, Miss., September 26, 1867, in all respects where not in conflict with 
 this. The reports of elections will be sent direct to Headquarters, at Holly 
 Springs, Mississippi. 
 
 By command of Brevet Brigadier General C. H. Smith. 
 
 S. M. Mills, 
 1st Lt. & Adjt. 28th U. S. Infantry, A. A. A. G. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 Holly Springs, Miss., January 4, 1868. 
 
 Special Orders "I 
 No. 3. J 
 
 II. OflScial information having reached the General Commanding, since the 
 issuance of General Orders No. 43, series of 1867, from these Headquarters 
 (38 ) 
 
SUPPLEMENT AEY MILITAEY OEDBRS. 
 
 . : ! 
 
 announcing the names of delegates to the Constitutional Convention of Arkan- 
 sas, that in the election in Ouachita County of that State, in so far as the 
 election of delegates was concerned, frauds and illegalities were committed — 
 that election, so far as it relates to the election of delegates, is hereby declared 
 invalid, and another ordered, which will be conducted as follows, and in accord- 
 ance with the provisions of General Orders No. 31, series of 1867, from these 
 Headquarters : 
 
 An olHcer of the Army as registrar, to be detailed by the Commanding 
 Ofiicer of the Sub-District of Arkansas, will, with his judge and clerk of elec- 
 tion, after seven (7) days' notice, given by handbills distributed throughout 
 the County, open a poll at the County-seat, to be kept open on two (2) con- 
 secutive days, from 8 o'clock, a. m., to sunset of each daj', at which all reg- 
 istered voters of the County may vote for delegates to represent them in the 
 Constitutional Convention. The delegates previously declared elected for that 
 County, will not be furnished with certificates of election, nor be permitted to 
 take their seats in Convention. 
 
 By command of Brevet Major General Ord. 
 
 O. D. Greene, 
 Assistant Adjutant General. 
 
 HEADQUARTERS FQURTH- MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 Holly Springs, Miss., January 6, 1868. 
 
 Special Orders \ 
 No. 4. J 
 ********** 
 II. Upon an investigation of the complaint of irregularities in the conduct 
 of the recent election in Ashley County, Arkansas, it appears that said irregu- 
 larities were confined to " Union Precinct," alone, and, further, that if all the 
 registered voters in that Precinct were to cast their votes as a unit on either 
 side, the main result of the election in the County would not thereby be 
 changed, the previous declaration in General Orders No. 43, series of 1867, 
 from these Headquarters, invalidating said election, is hereby revoked, and the 
 election in that .County is declared valid — ("Union Precinct" thrown out.) 
 The delegates elect'ed in that County are hereby announced as George "W Nor- 
 man and W. D. Moore, and they are notified-to attend the Constitutional Con- 
 vention in Arkansas, at the time and place specified in General Orders No. 37, 
 from these Headquarters, dated December 5th, 1807. An ofiicial copy of this 
 order will constitute their certificate* of election. 
 
 By command of Brevet Major General Ord. 
 
 O. D. Greene, 
 Assistant Adjutant General. 
 
 ( 39 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 HEADQUARTERS SUB-DISTRICT OP ARKANSAS, 
 
 Little Kock, Abk., January 6, 1868. 
 
 Special Orders i 
 No. 3. ; 
 
 Pursuant to telegraphic instructions received from Headquarters Fourth 
 Military District, dated, Holly Springs, January 6, 1868, the election of George 
 V. Norman and "W". D. Moore, as delegates to the Constitutional Convention 
 for Ashley County, is hereby declared valid. They will obtain their certifi- 
 cates of election by calling at these Headquarters. 
 
 By command' of Brevet Brigadier General C. H. Smith. 
 
 Samuel M. Mills, 
 1st Lt. and Adjt. 28th U. S. Infantry, A. A. A. G. 
 
 HEADQUARTERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 I VicKSBURO, Miss., January 23, 1868. 
 
 Special Orders "i 
 No. 14. / 
 
 I. At the election held in Lafayette Countj^, Arkansas, on the 10th instant, 
 for a delegate to the Arkansas Constitutional Convention, in compliance with 
 telegraphic instructions to the Commanding General of the Sub-District of 
 Arkansas, of December 24th, 1867, from these Headquarters, A. M. Merrick, 
 was, according to the returns of the offtcers conducting the election, duly 
 elected as said delegate. 
 
 He is therefore notified to attend the Convention to assemble at the time 
 and place directed in General Orders No. 37, series of 1867, from these Head- 
 quarters. 
 
 The official copy of this order addressed to Mr. Merrick will constitute his 
 certificate of election. 
 
 * * * * * * *■*."* ^ 
 
 By command of Brevet Major General Alvan C. Gillem. 
 
 John Tyler, 
 First Lieutenant 43d Infantry, Brevet Major U. S. A. 
 • Acting Assistant Adjutant General. 
 
 ( 40 ) 
 
SUPPLEMBNTAEY MILITAEY OEDBES. 
 
 HEADQUAETERS FOURTH MILITARY DISTRICT, 
 
 (Mississippi and Arkansas) 
 
 ViCKSBTjRQ, Miss., January 25, 1868. 
 
 Special Orders 1 
 No. 16. / 
 
 III. At the election held in Ouachita County, Arkansas, on the 17th and 
 18th instants, for delegates to the Arkansas Constitutional Convention in com- 
 pliance with Special Orders No. 3, paragraph II, current series, from these 
 Headquarters, J. P. Portis and N. N. Eawlings were, according to the returns 
 of the officers conducting the election, duly elected as said delegates. 
 
 They are therefore notified to attend the Convention to assemble at the time 
 and place directed in General Orders No. 37, series of 1867, from these Head- 
 quarters. 
 
 The official copy of this ordet addressed to the delegates elect will constitute 
 their certificate of election. 
 
 Ip 3}C *f> ^ Up 'P '1* 'I* ^ 3jl 
 
 By command of Brevet Major General Alvan C. Gillem. 
 
 John Tyler, 
 First Lieutenant 43d Infantry, Brevet Major TJ. S. A., 
 Acting Assistant Adjutant General. 
 
 [For documents, relating to the business of the Convention, dated sub- 
 sequently to the formation of the Constitution, see close of the volume.] 
 
 ( 41 ) 
 
DEBATES AND PROCEEDINGS 
 
 OF THE 
 
 ARKANSAS CONSTITUTIONAL CONVENTION 
 
 Of 1868. 
 
 1868.] OEGANIZATIOJSr OP THE CONVENTION. [Jan. 7. 
 
 FIRST DAY.* 
 
 Little Eock, Arkansas, 
 
 Tuesday, January 7th, 1868. • 
 In pursuance of the provisions of the foregoing Act of Congress entitled 
 " An act to provide for the more efficient government of the rebel States," 
 passed March 2d, eighteen hundred and sixty-seven, and acts of Congress 
 supplementary to and explanatory thereof, passed, respectively, March 23d, 
 and July 19th, eighteen hundred and sixty-seven, and in compliance with 
 the foregoing General Orders from Headquarters Fourth Military District 
 (Mississippi and Arkansas), viz. : General Orders Wo. 37, dated " Office 
 of Civil Affairs, Holly Springs, Miss., Dec. 5, 1867," and General Orders 
 No. 43, dated " Office of Civil Affairs, Holly Springs, Miss., Dec. 21, 
 1867," delegates in the last-named Order declared duly elected to the 
 Convention called " for the purpose of establishing," for the State of Ar- 
 
 * NoTB. The Stenographic Eeporter of the Debates and Proceedings of the Convention 
 did not commence his duties until the seventh day of the session. The report of the debates, 
 prior to that time, consequently, has been compiled from such other sources of information as 
 were available; and is not to be considered as in a strict sense official. The statement of the 
 action of the Convention is in all cases taken from its official Journal, which is, throughout, 
 incorporated with the Eeport. 
 
 ( i?' ) 
 
1868.] DEBATES AISTD PEOCBBDINGS OP THE [Tuesday, 
 
 Organization of the Convention. • 
 
 kansas, " a constitution, and civil government, loyal to the Union,"' 
 assembled in the Hall of the House of Eepresentatives in the State House 
 at Little Rock, at 11 o'clock a.m., of Tuesday, the 7th day of January, 
 1868. 
 
 At the hour above-named, 
 
 Mr. HINDS, of Pulaski County, called the delegates present to order, 
 and, for the purpose of a temporary organization, moved that Mr. Sntdbk, 
 of Jefferson County, be called to the chair. 
 
 The nomination of Mr. Snyder, as temporary Chairman, was agreed 
 to by acclamation. 
 
 Mr. SNYDER, on taking the chair, expressed the hope that the deliber- 
 ations of the Convention would be characterized by good feeling and 
 harmony. 
 
 On motion of Mr. HINDS, 
 
 Rev. JOSEPH BROOKS, a delegate from Phillips County, opened the 
 proceedings with prayer. 
 
 Mr. HODGrES, of Pulaski County, moved that Mr. Sarber, of Johnson 
 County, be selected as temporary Secretary. 
 
 The motion was agreed to; and Mr. Saebbk assumed the duties of 
 Secretary pro tempore. 
 
 Mr. MONTGOMERY, of Hempstead County, moved that Mr. Hutchin- 
 son, of Arkansas County, be selected as temporary Assistant Secretary. 
 
 The motion was agreed to; and Mr. Hutchinson assumed the duties of 
 Assistant Secretary ^ro tempore. 
 
 A DELEGATE offered a resolution in substance as follows : 
 
 Resolved : That the Chair appoint a committee of five, to report upon the 
 credentials of members. 
 
 Mr. MONTGOMERY moved, as a substitute, that the roll be called, 
 and that members, upon the calling of their names, come forward and 
 present their credentials. 
 
 The question was taken upon the adoption of the substitute; and the 
 substitute was accepted. 
 
 The SECRETARY pro tempore proceeded to call the roll, by counties; 
 when the following-named delegates answered to their names, and pre- 
 sented their certificates of election, consisting of official copies of General 
 Orders No. 43, Headquarters Fourth Military District (Mississippi and 
 Arkansas), dated " Office of Civil Affairs, Holly Springs, Miss., December 
 21, 1867," furnished from Headquarters of Brigadier General C. H. Smith 
 commanding Sub-District of Arkansas. ' 
 
 (44) 
 
Jan. 7th.] AE KANSAS CONSTITUTIONAL CONVENTION. [1st Day. 
 1 Organization of tho Convention. 
 
 Arkansas County, 
 John McOlxjre, 
 John H. Hutchinson. 
 
 Bradley County, 
 John M. Bradley. 
 
 Chicot County, 
 Jambs W. Mason. 
 
 Carroll County, 
 Joseph Wright. 
 
 Clark County, 
 Solomon Exon, 
 Miles L. Langley. 
 
 Columbia County, 
 "William A. Beaslby, 
 George W. McCown. 
 
 Conway County, 
 Anthony Hinklb. 
 
 Craighead and Mississippi County, 
 Frederick E. Poole. 
 
 Crawford County, 
 Thomas M. Bowbn. 
 
 Crittenden County, 
 Asa Hodges. 
 
 Dallas County, 
 Gayle H. Kyle. 
 
 Desha County, 
 Clifford Stanley Sims. 
 
 Dreio County, 
 R. G. Puntney, 
 Samuel J. Matthews. 
 
 Fulton and Searcy Counties, 
 William A. Wyatt. 
 
 Hempstead County, 
 John R. Montgomery, 
 Solomon D. Belden, , 
 EicHARD Samuels. 
 
 Hot Spring County, 
 John W. Harrison. 
 
 Inde-pendence County, 
 _ George W. Dale. 
 
 Johnson County, 
 John N. Sarber. 
 
 Jefferson County, 
 O. P. Snyder, 
 Jambs M. Gray, 
 William Murphy. 
 
 Lawrence County, 
 Bouldin Duvall. 
 
 Lafayette County, 
 Monroe Hawkins. 
 
 Marion and Newton Counties, 
 Parley A. Williams. 
 
 Montgomery and Perry Counties, 
 John C. Priddy. 
 
 Monroe County, 
 Amos H. Evans. 
 
 Pope County, 
 Walter W. Brashear. 
 
 Prairie County, 
 E. S. Gantt, 
 William F. Hicks. 
 
 Pulaski County, 
 James L. Hodges, 
 Jambs Hinds, 
 Henry Ebotor, 
 Thomas P. Johnson. 
 
 ( 45 ) 
 
1868.] DEBATES AJSID PEOCEEDINGS OP THE [Tuesday, 
 
 Organization of the Convention.— GENBEAL DEBATE. 
 
 -Phillips County, 
 Joseph Brooks, 
 . Thomas Smith, 
 William H. Grey, 
 James T. White. 
 
 Saline County, 
 James H. Shoppaoh. 
 
 Sebastian County, 
 Moses Bell. 
 
 Scott Coufity, 
 Charles H. Oliver. 
 
 St. Francis County, 
 Daniel Coates. 
 
 Union County, 
 E. C. Yan Hook, 
 Ira L. Wilson. 
 
 ■Van Buren County, 
 Jesse Millsaps. 
 
 Pendiug the call of the roll : 
 
 M.V. GANTT (when his name was called) declined to deliver up his cer- 
 tificate of election to the Secretary pro tempore, desiring to retain it in his 
 own possession ; but with the understanding that it would be returned, 
 consented to deposit it, temporarily, with that officer. 
 
 Fifty-one delegates, being more than two-thirds of the whole number 
 provided for by the General Orders regulating the election and assembly 
 of the Convention, having answered to their names, and presented their 
 certificates of election, 
 
 The SECRETARY pro tempore announced that a quorum for the trans- 
 action of business was present. 
 
 Mr. CYPERT moved that the Convention adjourn to 10 o'clock, a.m., 
 of Wednesday, January 8th. He thought it due to the members still 
 absent, that they should be allowed a voice in the organization of the 
 Convention. ]!f early all would be present on the morrow. 
 
 The question was taken on the motion to adjourn, and the motion was 
 not agreed to ; — Ayes 11, Noes 33. 
 
 Mr. HINDS moved that the Convention now proceed to the election of 
 permanent officers. 
 
 The question being taken, the motion was agreed to; and the Conven- 
 tion proceeded to the choice of permanent officers. 
 
 Mr. 'MONTGOMERY nominated Mr. Thomas M. Bowbn, of Crawford 
 County, as President of the Convention. 
 
 Mr. BRADLEY nominated Mr. Gayle H. Kyle, of Dallas County. 
 
 Mr. KYLE said his name had been presented without any consulta- 
 tion with himself. He had been sick since his arrival in the city, and had 
 been unable to mingle with the members. He felt assured that the pro- 
 gramme had been arranged, and he did not wish to be a disorganizing 
 element in the party. He would therefore ask the gentleman to with- 
 draw his name. He was a humble and unpretending member of the 
 Convention, and- had come here with the sole view of helping to frame a 
 ( 46 ) 
 
Jan. 7th.J AEKANSAS CONSTITUTIONAL CONVENTION. [1st Day. 
 Organization of the Convention.— GENBKAL DEBATE. 
 
 constitution that would reflect credit and honor on the State, and bring 
 her peace and quiet. 
 
 Mr. BEADLET thought it his duty, under the circumstances, to with- 
 draw the name of Mr. Kyle. He would not inaugurate anything like 
 secession. He had nominated Mr. Kyle because of that gentleman's 
 age, experience, his long residence in the State, and his loyalty. 
 
 Mr. McCOWN moved that Mr. Bowen be unanimously declared Presi- 
 dent of the Convention. 
 
 Mr. GAISTTT nominated Mr. Bouldin Duvall, of Lawrence County. 
 
 Mr. MOS'TGOMEEY rose to a point of order. The question before 
 the Convention being upon the motion to unanimously declare Mr. Bowen 
 President of the Convention^ the nomination of other candidates was out 
 of order. 
 
 Mr. KYLE said it was the right of every member, pending the choice 
 of officers, to nominate a candidate at any time. 
 
 Mr. CYPERT said that the course proposed by the motion was unjust ; 
 as in that way a majority might name their candidate and cut ofl" any 
 other nominations. 
 
 Mr. GrA]S"TT said he knew that the slate had been made out for all the 
 offices ; but he did not wish to go before the people as voting for the 
 party whose nomination this motion proposed to constitute an election. 
 There were others here, beside himself, who desired to be placed right on 
 the record ; and he insisted on being permitted, with other gentlemen of 
 similar views, the right of casting his vote for a member who entertained 
 kindred sentiments with himself. 
 
 Mr. McCOWN, by consent, withdrew the motion to declare unanimous 
 the nomination of Mr. Bowen. 
 
 Mr. DUVALL said that he had not expected a nomination for any 
 office within the gift of the Convention; he desired none; and would 
 prefer that his friend [Mr. GtANTt] should withdraw his name. 
 
 Mr. GAiN'TT replied, that the nomination had been made without con- 
 sultation, and that he had been controlled solely by the promptings of his 
 own heart. The gentleman he had nominated he knew to be a good and 
 competent man, entertaining similar views with himself. He wished to 
 vote for him, and could not accede to the gentleman's request for the 
 withdrawal of his name. 
 
 Mr. McCLURE moved that the roll be called by counties. 
 
 The question was taken; and the motion that the roll be called by 
 counties, was agreed to. 
 
 Mr. CYPERT protested against the method of calling the roll, ordered 
 by the Convention, as being unusual and improper. 
 
 Mr. KYLE seconded the protest against the proceeding ; and, 
 
 ( 47 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesdaj^ 
 
 Organization of the Convention.— GENERAL DEBATE. 
 
 By consent, the SE CEE TAR Y pro tempore proceeded to call the roll in 
 alphabetical order, on the vote for President of the Convention ; with the 
 following result : 
 
 Whole number of votes cast, . . . . . • -51 
 
 Necessary to a choice, 26 
 
 Of which : 
 
 Thomas M. Bowen received ... ... 43 
 
 BOULDIN DtJVALL 5 
 
 Gatle H. Kyle . . . ■ 2 
 
 E. S. Gantt ."■ I 1 
 
 The following was the vote in detail : 
 
 For Mr. Bowen.— Messrs. Belden, Bell, Bradley, Brashear, Brooks, Coates, 
 Dale, Evans, Exon, Grey of Phillips, Gray of Jefferson, Harrison, Hawkins, 
 Hinds, Hinkle, Hodges of Crittenden, Hodges of Pulaski, Hutchinson, Johnson, 
 Kyle, Langley, Mason, Matthews, Millsaps, Montgomery, Murphy, McCown, 
 McClure, Oliver, Poole, Priddy, Puntney, Eeetor, Samuels, Sarber, Sims, Smith, 
 Snyder, Yan Hook, Wilson, White, Williams, and Wyatt — 43. 
 
 For Mr. Duvall. — Messrs. Cypert, Gantt, Hicks, Shoppach, and Wright — 5. 
 
 For Mr. Kyle. — Messrs. Beasley and Bowen — 2. 
 
 For Mr. Gantt. — Mr. Duvall — 1. 
 
 So the lion. Thomas M. Bowen was elected President of the Convention. 
 
 Mr. MONTGOMERY moved that a committee of three be appointed, 
 to conduct the President to the chair. 
 
 The question being taken, the motion was agreed to ; and 
 
 The PRESIDENT fro tempore announced, as such Committee, Messrs. 
 Montgomery, McClube, and Exon. 
 
 The PRESIDENT, on being introduced to the Convention, said : It is 
 unnecessary for me to say I feel highly complimented ; and I thank you, 
 gentlemen, for the distinguished honor conferred. I will only say that I 
 will do the best I can to serve you. 
 
 Mr. HODGES, of Pulaski, moved that a committee of three be appointed, 
 to report a form of oath, to be taken by "the members of the Convention. 
 
 The question being taken, the motion was agreed to; and 
 
 The PRESIDENT announced, as such Committee, Messrs. Hinds, 
 Brooks, and Gantt. 
 
 The PRESIDENT then announced as the business next in order, the 
 election of a Secretary to the Convention. 
 
 Mr. HODGES, of Pulaski, nominated Mr. John G. Price. 
 
 Mr. McCLURE moved that Mr. Price be^hosen Secretary, by acclama- 
 tion. 
 
 Mr. CYPERT said he desired to vote for a man whom he knew, and 
 would therefore nominate Mr. J. R. Berry. 
 ( 48 ) 
 
Jan. 7th.l AEKAISTSAS CONSTITUTIONAL GONVBNTIOlSr. [1st Day. 
 Organization of the Convention.— KYLE— CYPERT—MONTGOMBKY—COATES. 
 
 Mr. KYLE said he had noticed it as customary, in bodies similar to this, 
 that members qualify under the temporary organization. It seemed, to 
 him, proper, that before proceeding further with the organization, the 
 necessary oath should be administered to members. 
 
 Mr. CYPERT said he did not wish to be considered annoying, but 
 feared he would prove so. This was not a legislative body, and no oath 
 was anywhere laid down for its members. The eligibility of every mem- 
 ber had been established when he took an oath as a registered voter ; and 
 that fact constituted a sufficient qualification to enable him to occupy a 
 seat here. As the presumed representatives of the sovereign people of 
 the State, the highest authority in the land, the members of the Conven- 
 tion could take no oath of fealty ; as they owed none to any authority 
 below that of our Creator. 
 
 Mr. MON'TGOMERY rose to a point of order. The discussion was 
 not relevant to the question before the Convention. 
 
 The PRESn)Ei;rT declared the point of order well taken. 
 
 Mr. CYPERT explained that he had been betrayed into his remarks 
 by his supposition that the observations of Mr. Kyle were designed as 
 proffering an amendment to the motion before the Convention. 
 
 Mr. C0ATE8 stated that Mr. Berry (iid not desire the position for 
 which he had been nominated. 
 
 Mr. CYPERT withdrew ,the name of Mr. Berry. 
 
 Mr. MOJSTTGrOMERY said he should insist on the motion to elect Mr. 
 Price by acclamation. 
 
 The question was taken ; and the motion was not agreed to. 
 
 The Convention proceeded to ballot for Secretary, with the following 
 result : 
 
 Whole number of votes cast, 50 
 
 Necessary to a choice, ... .... 26 
 
 Of which 
 
 John G. Price received ... .... 47 
 
 W. A. Briley, 2 
 
 Gr. A. Merrick, 1 
 
 So Mr. John G. Price was elected Secretary of the Convention. 
 The PRESIDENT announced, as the business next in order, the elec- 
 tion of a First Assistant Secretary to the Convention. 
 Mr. SMITH nominated Mr. Henry St. John, of Bradley County. 
 Mr. BELL nominated Mr. J. V. Pitch, of Sebastian County. 
 The PRESIDENT informed the Convention, from his personal knowl- 
 
 4 ( 49 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday, 
 
 Organization of the Convention. 
 
 edge, that Mr. Fitch did not desire the position of First Assistant Secre- 
 tary, his name being mentioned in connection with another office. 
 
 Mr. BELL thereupon withdrew the name of Mr. Fitch. 
 
 The Convention proceeded to ballot for First Assistant Secretary, with 
 the following result : 
 
 Whole number of votes, east, 44 
 
 Necessary to a choice, 23 
 
 Of which 
 
 Henry St. John received, 43 
 
 "William Oausine, 1 
 
 So Mr. Hbnrt St. John was elected First Assistant Seeretary of the 
 Convention. 
 
 The PRESIDEl^T announced the next business in order to be the elec- 
 tion of a Second Assistant Secretary to the Convention. 
 
 Mr. BE00K8 nominated Mr. F. E. Weight, of Phillips County. 
 
 The Convention proceeded to ballot for Second Assistant Secretary, 
 with the following result : 
 
 Whole number of votes east, 44 
 
 Necessary to a choice, 23 
 
 Of which 
 
 P. E. Wbight received 44 
 
 So Mr. F. E. Wright was unanimously elected Second Assistant Sec- 
 retary of the Convention. 
 
 Mr. MONTGOMERY moved to dispense with any further elections. 
 
 The question was taken ; and the motion was not agreed to. 
 
 The President announced, as the next business in order, the election of 
 a Third Assistant Secretary to the Convention. 
 
 Mr. BELL nominated^r. J. V. Pitch, of Sebastian County. 
 
 The Convention proceeded to ballot for Third Assistant Secretary, with 
 the following result : 
 
 Whole numbeT of votes east, 40 
 
 Necessary to a choice, 22' 
 
 Of which 
 
 Mr, Fitoh receivecl,^ ."'■.,.._ ^o 
 
 ( 50 ) 
 
Jan. 7th.] AEKANSAS CONSTITUTIONAL CONVENTION. [1st Day. 
 Organization of the Convention.— CYPEET. 
 
 So Mr. J. V. Fitch was unanimously elected Third Assistant Secretary 
 of the Convention. 
 
 The PRESIDENT announced, as the business next in order, the elec- 
 tion of a Sergeant-at- Arras of the Convention. 
 
 Mr. HODGES, of Pulaski, nominated Mr. Charles Schaerf, of Pu- 
 laski County. 
 
 Mr. Charles Schaerf was thereupon, by acclamation, elected Sergeant- 
 at-Arms of the Convention. 
 
 The PRESIDENT announced, as next in order,, the election of a First 
 Assistant Sergeant-at- Arras of the Convention. 
 
 Mr. D. P. Belden, of Hot Spring County, was, upon nomination, elected, 
 by acclamation, First Assistant Sergeant-at- Arras of the Convention. 
 
 The PRESIDENT announced, as next in order, the election of a 
 Second Assistant Sergeant-at-Arras of the Convention. 
 
 Mr, J. H. EiRKHAM was, upon nomination,, elected, by acclamation, 
 Second Assistant Sergeant-at- Arms of the Convention. 
 
 The President announced, as next in order, the election of a Door- 
 keeper of the Convention. 
 
 Mr. HINKLE nominated Mr. Henry D. Sevier, of Conway County. 
 
 Mr. Henry D. Sevier, of Conway County, was thereupon, by acclama- 
 tion, elected Doorkeeper of the Convention. 
 
 The PRESIDENT announced, as next in order, the election of a First 
 Assistant Doorkeeper of the Convention. 
 
 Mr. E. A, Robinson, of Searcy County, was, upon nomination, elected, 
 by acclamation, First Assistant Doorkeeper of the Convention. 
 
 The PRESIDENT announced, as next in order, the election of a 
 Second Assistant Doorkeeper of the Convention. 
 
 The following nominations were presented : John Agee, of Pulaski 
 County ; A. S. Mustain, of Prairie County. 
 
 The vote being taken, viva voce, Mr. John AcfEE was elected Second 
 Assistant Doorkeeper of the Convention. 
 
 The PRESIDENT announced, as next in order, the election of a Third 
 Assistant Doorkeeper of the Convention. 
 
 Mr. A. S. Mustain, of Prairie County, was, upon nomination, chosen 
 Third Assistant Doorkeeper of the Convention. 
 
 The PRESIDENT announced, as the next business in order, the elec- 
 tion of an Enrolling Clerk to the Convention. 
 
 Mr. SNYDER nominated Mr. Richard E. Wall, of Phillips County. 
 
 Mr. CYPERT said that four Secretaries had already been elected, and 
 begged that the Convention would proceed to the election of no more un- 
 necessary officers. He offered, as a substitute for the proposition to pro- 
 ceed to the election of an enrolling clerk, — that no further election for 
 officers be held. 
 
 (51 ) 
 
1868.] DEBATES AND PEOOEEDIl^GS OP TB^B [Tuesday, 
 
 Accommodations for the Press — Temporary Eules of Order — Standing Committees. 
 
 Mr. MON^TGOMERY moved that the substitute be laid upon the 
 table. 
 
 The question was taken ; and the motion to lay the substitute upon the 
 table wd!s agreed to. 
 
 Mr. RicHAED E. Wall, of Phillips County, was thereupon, by acclama- 
 tion, elected Enrolling Clerk of the Convention. 
 
 The PRESIDENT announced, as the next business in order, the elec- 
 tion of a Chaplain to the Convention. 
 
 Rev. M. S. Hyde, of Independence County, was thereupon, by accla- 
 mation, elected Chaplain of the Convention. 
 
 Mr. CYPERT moved that the Pkesidbnt appoint the Pages for the 
 Convention. 
 
 The question being taken, the motion was agreed to ; and 
 
 The PRESIDENT appointed, as Pages for the Convention, J. C. Wil- 
 cox, James Elias Rector, and J. M. Jackson, all of Pulaski County. 
 
 ACCOMMODATIONS FOR THE PRESS. 
 
 Mr. GANTT offered the following resolution : 
 
 Resolved : That the Secretary be ordered to provide the representatives of 
 the public press of the State with desks in the hall, and that they have the 
 privilege of the floor during the deliberations of the Convention. 
 
 The question was taken ; and the resolution was adopted. 
 
 TEMPORARY RULES OP ORDER. 
 
 Mr. BROOKS moved that the rules of the Legislature 6f Arkansas of 
 1860-1 be adopted for the government of the Convention, until other 
 rules and regulations should be prepared. 
 
 The question was taken ; and the motion was agreed to. 
 
 STANDING COMMITTEES. 
 
 Mr. HODGES, of Pulaski, submitted the following resolutions : 
 
 Resolved : That the President of this Convention appoint the following stand- 
 ing committees, viz. : On the Constitution, its Arrangement, and Phraseology • 
 Preamble and Bill of Eights; Legislative Department; Executive Depart- 
 ment; Boundaries; Judicial Department; State Ofllcers other than Execu- 
 tive; Organization and Government of Cities and Villages; County and Town- 
 ship Organization ; Elective Franchise ; Finance, Taxation, and Public Debt • 
 Educational Institutions and Interests; Banking, and Corporations other than 
 >(52) 
 
Jan. 7th.] AEKANSAS CONSTITUTIONAL CONVENTION. [Ist Day. 
 Delegates' Oath of OfBce — Administration of the Oath. 
 
 Municipal ; Exemption of Eeal and Perfsonal Estate ; Amending and Eevising 
 the Constitution; Internal Improvements ; Impeachments, and Eemovals from 
 Office ; Public Property and Expenditures ; Miscellaneous Provisions ; Sched- 
 ule; Printing; Supplies and Expenditures; Elections; Militia; Engrossment; 
 Apportionment. 
 
 Resolved, further : That said committees he composed of not less than three, 
 nor more than seven persons. 
 
 The question was taken ; and the resolutions were adopted. 
 
 delegates' oath of office. 
 
 Mr. HINDS, from the Committee appointed to draft a form of oath to 
 be taken by members of the Convention, reported, as the form of such 
 oath, the following : 
 
 "I do solemnly swear (or affirm) that I will faithfully support the Consti- 
 tution of the United States, and will impartially discharge the duties incum- 
 bent upon me as a delegate to the Constitutional Convention of Arkansas,- 
 according to the best of my ability : So help me God." 
 
 The question was taken upon the adoption of the Report; and it was 
 unanimously adopted. 
 
 ADMINISTRATION OF THE OATH. 
 
 Mr. HINDS moved that the Honorable Henry E. Caldwell, Judge of 
 the District Court of the United States for the Eastern and Western 
 Districts of Arkansas, be requested to administer to the members of the 
 Convention, then present, the prescribed oath. 
 The question was taken ; and the motion was agreed to. Whereupon, 
 His Honor, Judge Caldwell, came forward to the President's desk, 
 and administered the oath above prescribed, to the following-named mem- 
 bers of the Convention : 
 
 Messrs. Brooks, Bell, Brashbar, Bblden, Bradley, Beaslby, Coatbs, 
 Cypebt, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey 
 of Phillips, Harrison, Hawkins, Hinds, Hinkle, Hodsbs of Crittenden, 
 Hodges of Pulaski, Hutchinson, Johnson, Kyle, Langley,. Mason, Mat- 
 thews, MiLLSAPS, Montgomery, Murphy, McCown, McClure, Oliver, 
 Poole, Priddy, Puntney, Eector, Samuels, Sarber, Shoppach, Sims, 
 Smith, Snyder, Van Hook, Wilson, White, Williams, Wright, Wyatt, 
 and the President. 
 
 (53) 
 
1868.] DEBATES A'NB PEOOBBDIlSrGS OF THE [Wednesday, 
 
 Qualification of certain Members and of Officers. 
 
 Mr. HODGES, of Pulaski, moved that- the Convention adjourn to 10 
 o'clock, A.M., of the morrow. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 1.25, p.m., the Convention adjourned, to meet at 10, 
 A.M., of "Wednesday, January 8th. 
 
 SECOND DAY. 
 
 Wednesday, January 8th, 1868., 
 
 Convention met, pursuant to adjournment, at 10, a.m. 
 
 The roll was called ; and a quorum of the members of the Convention 
 ■ answered to their names. 
 
 In the absence of the Chaplain, and upon invitation of the President, 
 prayer was offered by the Rev. Mr. Brooks, member from Phillips. 
 
 The Journal of the preceding day was read and approved. 
 
 qualification of certain MEMBERS AND OE OFFICERS. 
 
 Mr. HQ^KLE moved that all delegates present, not already sworn, be 
 requested to present their credentials, and receive the oath of office. 
 
 Mr. CYPERT moved to so amend as to include all officers of the Con- 
 vention. 
 
 The amendment was agreed to; and the question being taken, the mo- 
 tion, as amended, prevailed. 
 
 The Honorable "William Stort, Judge of the Eighth Judicial Circuit, 
 upon invitation of the President, proceeded to administer the prescribed 
 oath to the following-named members of the Convention, viz. : Messrs. 
 
 George S. Scott, of Little River County, 
 
 E. M. Sams, of Madison County, 
 
 Joseph: A. Corbell, of Sevier County, 
 
 C. "W. "Walker and J.' M. Hoge, of "Washington County, 
 
 Thomas Owen, of "White County, 
 
 E. A. Rounsaville, of Yell County, 
 
 "Who now first appeared in their seats and presented their credentials, 
 
 And Mr. Hicks. 
 
 ( 54 ) 
 
Jan. 8th.] AEKANSAS CONSTITUTIONAL CONVENTION. [2d Day. 
 Committee on Standing Rules — Postmaster — Committee on Eelief for Toor of the State. 
 
 To the following-named officers of the Convention, Judge Stoky admin- 
 istered the oath of office in corresponding form : Messrs. Price, Secre- 
 tary, — St. John, First Assistant Secretary, — "WRiaHx, Second Assistant 
 Secretary, — Schabrf, Sergeant-at-Arms, — Belden, First Assistant Ser- 
 geant-at-Arms, — Kirkham, Second Assistant Sergeant-at-Arms, — Sevier, 
 Doorkeeper, — Robinson, First Assistant Doorkeeper, — Agbe, Second As- 
 sistant Doorkeeper, — Mustain, Third Assistant Doorkeeper, — and "Wil- 
 cox, Eector, and Jackson, Pages. 
 
 COMMITTEE ON STANDING RULES OF ORDER. 
 
 Mr. HIEDS offered the following resolution : 
 
 Resolved : That a Committee of three be appointed by the Chair, on standing 
 rules for the government of the Convention. 
 
 The question was taken ; and the resolution was adopted. 
 The PRESIDENT announced, as such Committee, Messrs. Hinds, 
 Sims, and Coates. 
 
 APPOINTMENT OF POSTMASTER. 
 
 Mr. BELDEST moved that the President appoint a Postmaster for the 
 Convention. 
 
 The question was taken ; and the motion was agreed to. 
 
 The PRESIDENT accordingly appointed Mr. J. C. Hall, as Postmas- 
 ter for the Convention. 
 
 COMMITTEE ON RELIEF FOR THE POOR OF THE STATE. 
 
 Mr. BROOKS offered the following resolution : 
 
 Resolved, That a Select Committee of three be appointed to prepare and 
 present a Memorial to the United States Congress, asking relief for the suffer- 
 ing poor of the State of Arkansas. 
 
 He said that a great deal of suffering existed in the cotton-growing 
 portions of the State, both among the whites and blacks ; the means of 
 relief, in the State itself, were limited; and humanity demanded that 
 something should be done to alleviate the wants of the poor ; or further 
 suffering, and even starvation, must in very many cases result. 
 
 Mr. CYPERT heartily approved the object of the resolution; but pro- 
 posed to modify the motion, so that the Committee be instructed to in- 
 
 (55 ) 
 
1868.] DEBATES AISTD PEOCBBDINGS OP THE [Wednesday, 
 
 Suspension of State Tax— Newspapers for Members and Officers. 
 
 quire into all the facts, and submit their report to the Convention. The 
 entire body might then sign the memorial, which would thus have 
 greater weight as representing the sentiment of the entire State. 
 
 Mr. BROOKS accepted the amendment suggested. 
 
 Mr. BEADLEY moved to amend the resolution by striking out the 
 word "three," and inserting "seven." 
 
 The question was taken ; and the amendment was agreed to. 
 
 The question was then taken on the resolution as amended ; and the 
 resolution was adopted. 
 
 The PRESIDENT accordingly announced, as the Committee on Me- 
 morial to Congress for the relief of the suffering poor of Arkansas, Messrs. 
 Brooks, Cypert, Rector, Langley, Snyder, Belden, and Dale. 
 
 SUSPENSION OP STATE TAX. 
 
 Mr. HODGES, of Crittenden, offered the following resolution : 
 
 Besolved: That the Commander of the Military District be memorialized for 
 the purpose of suspending the collection of the present State tax. 
 
 He understood there was in the State Treasury about $250,000 ; and 
 there was no need of having a larger sum there. As he understood the 
 Reconstruction Laws, it was necessary to meet the expenses of the Con- 
 vention by the levy of a special tax; and therefore the money in the 
 Treasury would not be applied to the payment of such expenses. 
 
 Mr. HODGrES, of Pulaski, thought the Convention was scarcely pre- 
 pared to vote at once upon the resolution. 
 
 He moved that the resolution be referred to the Committee on Finance, 
 Taxation, and Public Debt, whenever such committee should be appointed. 
 
 ,The question on the motion for reference was taken, and the motion 
 was agreed to. 
 
 NEWSPAPERS FOR MEMBERS AND OFFICERS. 
 
 Mr. HUSTDS offered the following resolution : 
 
 Besolved .- That each member and oflScer of this Convention furnish to the 
 .Secretary a list of papers for which he wishes to subscribe, and that the Sec- 
 retary subscribe for such papers, to be paid out of the moneys that may be 
 appropriated to defray the expenses of the Convention : Provided, That no 
 member shall be allowed more than ten daily papers, or weekly papers equiv- 
 alent to that number of dailies. 
 
 The question was taken ; and the resolution was adopted. 
 
 ( 56 ) 
 
Jan. 8th.] ARKANSAS COISTSTITUTIOlSrAL CONVENTION. [2d Day. 
 Eemoval of Political Disabilities — Addition to Committee on Rules of Order. 
 
 REMOVAL OF POLITICAL DISABILITIES. 
 
 Mr. HODGtES, of Pulaski, offered the following resolution : 
 
 Besolved : That a Select Committee of five be appointed by the Chair, whose 
 duty it shall be to prepare a memorial to Congress, asking that the disabilities 
 of those citizens, in the State, who have faithfully and earnestly advocated and 
 assisted in reconstruction, be removed, and that said Committee be instructed 
 to receive the names of such citizens, and to embody the same in their me- 
 morial. 
 
 Mr. HIISTDS moved that the resolution be referred to the Committee on 
 Memorials, whenever such Committee should be appointed. 
 
 Upon discussion, 
 
 Mr. HINDS withdrew the motion to refer. 
 
 Mr. BROOKS moved that the resolution lie upon the table. 
 
 The question was taken ; and the motion to lay upon the table was 
 agreed to. 
 
 Mr. HODGES, of Pulaski, moved that the Convention adjourn to 10 
 o'clock, A.M., of the morrow. 
 
 The question was taken; and the motion to adjourn was agreed to; 
 
 And thereupon, at 11, a.m., the Convention adjourned, to meet at 10, 
 A.M., of Thursday, January 9th. 
 
 THIRD DAY. 
 
 Thursday, January 9th, 1868. 
 
 Convention met, pursuant to adjournment, at 10, a.m. 
 
 In the absence of the Chaplain, and on invitation of the President, 
 prayer was offered by the Rev. Mr. Bbasley, member from Columbia. 
 
 The roll was called ; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal of the preceding day was read and approved. 
 
 ADDITION TO COMMITTEE ON RULES OF ORDER. 
 
 Mr. HIN'DS, of Pulaski, moved that the number of the Committee 
 to prepare Rules of Order for the Government of the Convention, be 
 increased to five. 
 
 (.51) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Thursday, 
 
 Qualification of Mr. Houghton— Expenses— Tax on Eaw Cotton— Collection of Debt. 
 
 The question was taken; and the motion was agreed to. 
 The PRESIDENT accordingly appointed, as such additional members 
 of the Committee, Messrs. Bell and Gantt. 
 
 QUALIFICATION OF MR. HOUGHTON. 
 
 Mr. J. A. Houghton, member for Cross and Poinsett Counties, ap- 
 peared in his seat, and presented his credentials ; and the oath of office 
 was duly administered to him by the Honorable William Story, Judge 
 of the Eighth Judicial Circuit. 
 
 EXPENSES OF THE CONVENTION. 
 
 Mr. BROOKS offered the following resolution : 
 
 Resolved : That the Committee on Finance be, and are hereby, instructed to 
 estimate th'e expenses of this Convention, and to report an ordinance for the 
 levy and collection of the necessary tax to meet such expenditure. 
 
 The question was taken ; and the resolution was adopted. 
 
 TAX ON RAW COTTON. 
 
 Mr. SIMS offered the following resolutions : 
 
 Resolved : That it is the opinion of the members of this Convention, that the 
 tax on raw cotton should be removed ; that it bears heavily on the laboring 
 classes of this State ; at a time, too, when, from the almost complete failure 
 of the crops, the very means of livelihood of the people would seem to be 
 almost exhausted, and its continuance can only have the effect of practically 
 prohibiting the culture of the staple during the present and succeeding years. 
 
 Resolved : That the Secretary be directed to forward a copy of this resolu- 
 tion to the Senate of the United States. 
 
 The question was taken; and tbe resolutions were adopted. 
 
 ' SUSPENSION OF COLLECTION OF DEBT. 
 
 Mr. BE ASLEY offered the following resolution : 
 
 Resolved : That the Convention memorialize the commander of this Depart- 
 ment to suspend the collection (by law) of all indebtedness in Arkansas, until 
 the Ist day of January, 1869. 
 
 \ 58 ) 
 
Jan. 9th,] AEKANSAS COlSTSTITUTIOlSrAL CONVBISTTION". [3d Day. 
 Reduction in number of Officers and of Newspapers.— CTPEET— KYLE— BEOOKS. 
 
 Mr. BROOKS moved that the resolutioa be referred to the Committee 
 on Finance, Taxation, and Public Debt. 
 
 The question was taken; and the motion to refer was agreed to. 
 
 Mr. CYPERT offered the following resolution : 
 
 Whereas, it is the duty of this Convention to relieve the people of this State, 
 as far as possible, from the burdens of taxation, and to that end it should pre- 
 serve a system of rigid economy ; therefore be it 
 
 Besolved, 1st. That the offices of Second ^nd Third Assistant Secretaries, 
 Second and Third Assistant Doorkeepers, Secomd Assistant Sergeant-at-Arms, 
 and Postmaster, of this Convention, be abolished. 
 
 2d. That the members only be furnished with one of each of the daily news- 
 papers of this city, instead of ten, as now prescribed. 
 
 ». 
 
 Mr. BROOKS moved that the resolution lie upon the table. 
 
 Mr. CYPERT thought the Convention should not act hastily where an 
 effort was made to save the people's money. There were more officers, 
 now, than necessity demanded. While the Convention was petitioning 
 Congress for aid in support of the poor, it was paying salaries to officers 
 whose services were not needed. The county courts were hardly able to 
 support their poor ; and we should not squander the people's money. He 
 appealed to members not unceremoniously to dispose of a resolution 
 having for its object the relief of the people from taxation. 
 
 Mr. KYLE moved, as a substitute for the motion to lay upon the table, 
 that the resolution be referred to the Committee on Finance, that the 
 matter might be investigated. 
 
 Mr. BROOKS withdrew his motion, in order to allow the substitute to 
 come before the Convention. He thought that if the business could be 
 sooner dispatched by the employment of these officers, it would be econ- 
 omy to employ them. The money expended for newspapers would be 
 well invested, and the people would be thus informed of the action of the 
 Convention upon whose doings they would soon be called to pass. He 
 thought that one great cause of the present deplorable condition of the 
 State, was the lack of circulation of newspapers, and want of intelligence 
 among the people. He would oppose all changes in this respect. 
 
 Mr. CYPERT thought it was not the proper course to elect these 
 officers in advance. He would get along with as few as possible, and add 
 to the number as they might be demanded. Ifewspapers did not afford 
 the information that the people needed. If there were fewer newspapers, 
 and more honest men to edit them, the country would be better off. These 
 
 (59 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Thursday, 
 
 ^ Announcement of Standing Committees. 
 
 political papers were to be employed in disseminating political dogmas, 
 instead of useful information, and this at a heavy expense to the impover- 
 ished people of the State. 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas aud nays were ordered. 
 
 The question was then taken on the motion to refer; and it was decided 
 in the affirmative, — Yeas 45, IJ^ays 14, as follows : 
 
 Teas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Corbell,Dale, Evans, 
 Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, 
 Hinkle, Hodges of Pulaski, Hutchinson, Johnson, Kyle, Langley, Mason, Mill- 
 saps, Montgomery, Murphy, McClure, McCown, Oliver, Poole, Portis, Priddy, 
 Puntney, Eawlings, Eector, Eounsaville, Samuels, Sarber, Scott, Sims, Snyder, 
 Wilson, White, Williams, Wyat^, and the President — 45. 
 
 Nats : Messrs. Bradley, Coates, Cypert, Duvall, Gantt, Hicks, Hoge, Mat- 
 thews, Owen, Sams, Shoppach, Van Hook, Walker, and Wright — 14. 
 
 So the Convention refused to refer the resolution to the Committee on 
 Finance. 
 
 ANNOUNCEMENT OF STANDING COMMITTEES. 
 
 The PE-ESrDENT announced the following standing committees : 
 
 On the Constitution, its Arrangement and Phraseology. — Messrs. Hodges of 
 Pulaski, MoClure, Brooks, Sims, "Walker, Sarber, and Portis. 
 
 On Preamble and Bill of Bights. — Messrs. Brooks, Hawkins, Coates, 
 Langley, Priddy, Harrison, and Van Hook. 
 
 On the Legislative Department. — Messrs. Sims, Hutchinson, Corbbll, 
 Evans, Brashear, "Wyatt, and Pickett. 
 
 On the Executive. — Messrs. Snyder, Matthews, "Wilson, McClure, 
 Sims, Johnson, and Kelly. 
 
 On Boundaries. — Messrs. Bradley, Gray of Woodruff, Beasley, Eoun- 
 saville, Wyatt, Grey of Phillips, and Wilson. 
 
 On the Judiciary. — Messrs. Montgomery, MoCown, Snyder, Sims, 
 McClure, Hinds, and Sams. 
 
 On State Officers, other than Executive.— Messrs. Brashear, Sims, Brooks, 
 Matthews, Duvall, Hodges of Pulaski, and Williams. 
 
 On Organization of Government of Cities and Villages. — Messrs. Grey of 
 Phillips, Allen, Johnson, Mallory, Corbell, Samuels, and Cypert. 
 
 On Salaries. — Messrs. Mallory, Misner, McClurb, Sims, Hutchinson ' 
 and Gray of Jefferson. 
 (60) 
 
Jan. 9th.] AEKAISTSAS COlSrSTITUTIOISrAL CONVENTION. [3d Day. 
 Announcement of Standing Committees. 
 
 On Counties and Townships. — Messrs. Oliver, Bell, Millsaps, IIinkle, 
 Hawkins, Houghton, and Langley. 
 
 On Elective Franchise. — Messrs. Hinds, Grey of Phillips, Hutchinson, 
 Cypert, Exon, Hinkle, and Brashbar. 
 
 On Finance, Taxation, Public Debt, and Expenditures. — Messrs. McClure, 
 Scott, Hodges of Pulaski, Poole, Sarber, Sims, and Montgomery. 
 
 On Education. — Messrs. Hutchinson, Smith, Mason, Brooks, Grey of 
 Phillips, Gray of Jefferson, and Dale. 
 
 On Banking, and Corporations other than Municipal. — Messrs. McCown, 
 Hodges of Crittenden, Sarber, Houghton, Hatfield, and Williams. 
 
 On Exemption of Real and Personal Estate. — Messrs. Beasley, Belden, 
 Murphy, Owen, Montgomery, McCown, and Rounsaville. 
 
 On Amending and Revising Constitution. — Messrs. Kyle, Gray of Jeffer- 
 son, Eeynolds, Snyder, Wyatt, Brashear, Samuels, and "Williams. 
 
 On Internal Improvements. — Messrs. Smith, Sarber, Oliver, Brashear, 
 Bell, Misner, and Portis. 
 
 On Impeachment, and Removal from Office. — Messrs. Evans, "White, Shop- 
 PACH, Priddy, Puntnby, Gantt, and Rawlings. 
 
 On Miscellaneous Provisions. — Messrs. Scott, Eatclieee, Allen, Evans, 
 Coates, "White, and Mallory. 
 
 On Schedule. — Messrs. Matthews, Hicks, Rounsaville, Puntney, 
 Hinds, Gantt, and Rector. 
 
 On Printing. — Messrs. McClurb, Coates, Sarber, Hodges of Pulaski, 
 Sims, and "Van Hook. 
 
 On Supplies. — Messrs. Sams, "Wright, Bradley, Harrison, Hawkins, 
 Hodges of Crittenden, and Mason. 
 
 On Elections. — Messrs. Sarber, Dale, Mallory, Hutchinson, Hinds, 
 Gantt, and Hatfield. 
 
 On Apportionment. — Messrs. Sarber, Hodges of Pulaski, McClure, Sny- 
 der, and Hinds. 
 
 On Engrossment. — Messrs. Poole, Hoge, Coates, Evans, Bradley, and 
 Hodges of Pulaski. 
 
 Mr. HUN'DS moved that a standing committee on memorials and ordi- 
 nances be appointed, to consist of five members. 
 
 The question was taken ; and the motion was agreed to. 
 The PRESHJEISTT announced the Committee, as follows : 
 
 On Memorials and Ordinances. — Messrs. Hinds, Snyder, Beasley, Kyle, 
 Rawlings, and Hollis. 
 
 (61 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thursday, 
 
 Eeduction in number of Officers.— BRADLEY— KTLE—SNYDEK—CTPEKT. 
 
 EEDTJCTION IN NUMBER OF OFFICERS — RESUMED. 
 
 Mr. BRADLEY offered the following resolution: 
 
 Resolved: That the services of the officers embraced in the resolution offered 
 by Mr. Cypert be dispensed with until the resolution shall finally be disposed of. 
 
 A MEMBER moved that the resolution be referred to the Committee 
 on Finance, Taxation, Public Debt, and Expenditures. 
 
 Mr. HICKS desired to be informed by vfhat authority these offices had 
 been created, and under w^hat law they existed. 
 
 The PRESIDENT stated that the election of officers created the offices, 
 and the incumbents had been selected for the reason that the Convention 
 thought their services would be needed. 
 
 Mr. BRADLEY said he belonged to no clique or faction ; and although 
 he had been advertised in the newspapers as being a Radical, a member 
 of the great Republican Party, he would now say that he represented no 
 party on this floor. He had come here as the representative of a con- 
 stituency of several thousand citizens, and in looking to their interests 
 he ignored everything like party attachment. He would not participate 
 in any hasty legislation, and would not saddle unnecessary burdens on an 
 impoverished people. As for newspapers, he desired to be furnished with 
 them to a reasonable extent. He protested, however, against determining 
 the intellectual status of the people of Arkansas by their appreciation of 
 small newspapers, made up, for the most part, of political squibs. They 
 were chiefly bent upon accomplishing the success of party measures. 
 "When he forgot the duty he owed his constituents, and lent himself to 
 the advancement of merely partisan schemes, he would resign his seat and 
 tell his people to send hither a political trickster in his place. He desired 
 to save all the money possible, that it might rather be applied to save 
 from starvation helpless women and children, instead of being distributed 
 among stout men who ought to be harnessed to the soil and made to 
 work, and to add to their country's prosperity. 
 
 Mr. KYLE thought the officers might be continued ; the Committee 
 could report to-morrow, and action could be had at once. 
 
 Mr. SIS'YDER said that as the gentleman. from Bradley [Mr. Bradley] 
 seemed so solicitous to save money, he had taken the pains to make a 
 calculation, and found that the gentleman's speech had cost the State 
 eighteen dollars, a sum which would buy three hundred and sixty copies 
 of a daily paper. He thought the sad condition of the people of the State 
 was due to their lack of information in times past, a want which would 
 to a great degree be supplied by the circulation of newspapers. 
 
 Mr. CYPERT read from the " Evening Republican" a portion of an 
 (62 ) 
 
Jan. 9th.] AEKANSAS CONSTITUTIONAL CONVENTION. [3d Day. 
 Committee on the Penitentiary.— HODGES— BRADLEY— MONTGOMEET. 
 
 article upon the first day's proceedings of the Convention, — charac- 
 terized it as affording a meagre report, and insisted that such information 
 was of no benefit to the people. His intention was, to lop off superfluous 
 expenses. 
 
 Mr. HODGES, of Pulaski, said he would take but a moment of time — 
 that suflScient time had already been occupied in discussing the matter, 
 and a sufficient amount of the people's money thus consumed, to go far 
 toward paying the expenses to which the gentleman objected ; and that 
 the people would be satisfied with the Convention, so far as its expenses 
 were concerned, if it would speedily accomplish the work for which it 
 was assembled. 
 
 Mr. BRADLEY did not wish to be understood as saying that all news- 
 papers were corrupt, but that they were devoted mainly to promoting 
 pai'ty purposes instead of circulating valuable information. 
 
 Mr. MOISTTGOMERY remarked tbat there were other superfluities 
 here beside the ofiicers ; and perhaps they might all, better be removed at 
 once. 
 
 Mr. CYPERT asked for the yeas and nays on the motion to refer the 
 resolution. 
 
 The yeas and nays were ordered. 
 
 The question was then taken ; and it was decided in the affirmative, — 
 Yeas 49, E"ays 11 ; as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, 
 Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hawkins, Hinds, Hinkle, 
 Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchinson, Johnson, 
 Kyle, Langley, Mason, Matthews, Millsaps, Montgomery, Murphy, McCown, 
 McClure, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eounsaville, 
 Samuels, Sarber, Scott, Sims, Smith, Snyder, Van Hook, "Wilson, White, Wil- 
 liams, Wyatt, and the President — 49. 
 
 Nays : Messrs. Bradley, Corbell, Cypert, Duvall, Gantt, Hicks, Hoge, Owen, 
 Shoppach, Walker, and Wright — 11. 
 
 So the resolution was referred to the Committee on Finance, Taxation, 
 Public Debt, and Expenditures. 
 
 COMMITTEE ON THE PENITENTIARY. 
 
 Mr. BRADLEY offered the following resolution : 
 
 Resolved: That the President of this Convention be requested to appoint a 
 Committee on the Penitentiary. 
 
 The question was taken ; and the resolution was adopted. 
 
 ( 6.S ) 
 
1868.] DEBATES AND PEOCEBDmGS OF THE [Thursday, 
 
 Qualification of Mr. Misner — Standing Eules. 
 
 QUALIFICATION OF MR. MISNER. 
 
 Mr. Peter G. Misner, delegate from Independence County, appeared 
 in his seat, and presented his credentials; and the prescribed oath of office 
 was administered to him by the Honorable Henry C. Caldwell, Judge 
 of the District Court of the United States for the Eastern and Western 
 Districts of Arkansas. 
 
 STANDING RULES. 
 
 Mr. HINDS, from the Committee appointed to prepare standing rules 
 of order for the guidance of the Convention, asked unanimous consent 
 to introduce the Report of said Committee, 
 
 No objection being made, 
 
 Mr. HINDS, on behalf of the Committee, presented the following 
 Standing Kules of Order : 
 
 EuLE I. Two-thirds of the members sworn in shall be a quorum to transac't 
 business; but a smaller number may compel the attendance of members, and 
 adjourn from day to day. 
 
 EtJLE II. Eeading of minutes, and corrections. 
 
 EuLE III. The President shall preserve order and decorum, and decide ques- 
 tions of order, subject to an appeal to the Convention. He shall have the 
 right to name any member to perform the duties of the Chair; but substitution 
 shall not extend beyond the hour of adjournment. 
 
 EtJLE IV. All motions and addresses to be made to the President. 
 
 EuLE V. No motion to be debated -or put unless seconded, and all to be 
 reduced to writing if required by the President. 
 
 EuLE VI. Ayes and nays to be called for by ten members. 
 
 EuLE VII. President to name who has the floor. 
 
 EuLE VIII. No interruptions ; and on a call to order a member must sit 
 down. ' 
 
 EuLE IX. No conversation while a member is speaking ; or passing between 
 a member who is speaking, and the Chair. 
 
 EuLE X. No reference to members' names in debate. 
 
 EuiE XI. Motions can be withdrawn by mover before question is put, and 
 amendment made ; and another member may put the same. 
 
 EuLE XII. All Committees to be appointed by the President, unless other- 
 wise ordered. 
 
 Etjle XIII. None to be admitted inside the bar except members and officers 
 without permission of the President, or on invitation of a member. 
 
 EuLE XIV. The previous question shall always be in order in Convention, 
 if seconded by a majority; and until decided, all debates and amendments shall 
 be precluded. The question shall be put in this form : « Shall the main ques- 
 tion be now put?" If it should be decided that the question should not be 
 put, the main question shall still remain under consideration. If seconded 
 the questions will then be taken in their order, without debate ' 
 
 (64) 
 
Jan. 9th.] AEKANSAS CONSTITUTIONAL CONVENTION. [3d Day. 
 
 Standing Kules. 
 
 Amendments proposed in Committee of the Wjnole shall be deemed pend- 
 ing, and in order, if called for by a member. 
 
 EuLE XT. A motion to adjourn shall always be in order, and be decided 
 without debate. 
 
 EuLE XVI. In forming Committees of the Whole, the President, before 
 leaving the chair, shall appoint a Chairman. ^^ 
 
 EuLE XTVIL No member shall speak more than twice to the same question, 
 without leave, nor more than once until every other member rising to speak 
 shall have spoken. 
 
 EtTLE XVIII. A motion for reconsideration shall be in order at any time, and 
 may be moved by any member of the Convention. But the question shall not 
 be taken on the same day, unless by unanimous consent; and, if lost, it shall 
 not be renewed, or any vote be taken on a reconsideration a second time, unless 
 with the consent of the Convention. If the motion to reconsider is not made 
 on the same day, one day's notice shall be required to be given of the intention 
 to make it. 
 
 EuLE XIX. The preceding rules shall be observed in Committee of the 
 Whole, so far as they are applicable, except so much of the seventeenth rule 
 as restricts the speaking to more than twice. 
 
 A call for the ayes and nays for the previous question, and a motion to 
 adjourn, s'hall not be applicable ; but a motion for the Committee to rise shall 
 always be in order, and shall be decided without debate. But the journal of 
 the proceedings in committee shall be kept. 
 
 EuLE XX. The President may admit such, and as many, reporters, within 
 the bar, as he may deem proper. 
 
 EuiiE XXI. Any member may move a call of the Convention, and if sus- 
 tained by one-third of the members present, the roll shall be called, and absent 
 members sent for. After the roll is called, no member shall be permitted to 
 leave the room until the report of the Sergeant-at-Arms be received, or further 
 proceedings in the call be suspended by a vote of the majority of the members 
 present. But this rule shall not be applicable to the Committee of the Whole. 
 
 EuLE XXII. The rules of the parliamentary practice comprised in Jeffer- 
 son's Manual shall govern the Convention in all cases to which they are appli- 
 cable and in which they are not inconsistent with the standing rules and 
 orders of this Convention. 
 
 EuLE XXIII. On the meeting of the Convention, after correcting the jour- 
 nal of the preceding day, the order of business shall be as follows: 
 
 1st. Presentation of Petitions. 
 
 2d. Eeport of Standing Committees. 
 Eeports of Select Committees. 
 
 3d. Motions, Eesolutions, and Notices. 
 
 4th. Unfinished Business of the previous day. 
 
 5th. Special Order of the day. 
 
 6th. General Order of the day. 
 
 EuLB XXIV. The hour of meeting shall be 10 o'clock, a.m., on each day, 
 Sundays excepted. 
 
 5 ( 65 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Thursday, 
 
 Standing Eules.— GENERAL DEBATE. 
 
 EuLE XXV. N"o rule q£ the Convention shall be suspended, altered, or 
 amended, without the concurrence of two-thirds of the members present. 
 
 iMr. CYPERT was desirous that the Report should be laid over until tlie 
 next day, in order that time might be afforded for examination. 
 
 If, however, ft was desired to proceed immediately in the matter, he 
 moved that the rules, reported by the Committee, be taken up singly, and 
 thus disposed of. 
 
 The question was taken ; and the motion was agreed to. 
 
 The question being separately taken on the adoption of eacb'of the rules, 
 as reported by the Comniittee, the 1st, 2d, 3d, 4th, and 5th Rules, respec- 
 tively^, were adopted. 
 
 Rule VI being under consideration, 
 
 Mr. CYPERT moved to amend by striking out the word " ten," and 
 inserting "five" in its stead. 
 
 Messrs. HOCE and CYPERT advocated the amendment. 
 
 The question was taken; and the amendment was rejected, — Ayes 20, 
 IfToes 32. 
 
 Mr. CYPERT then moved to amend by striking out the word " ten," 
 and inserting " six" in its stead. 
 
 The question was taken ; and the amendment was rejected, — Ayes 20, 
 Noes 80. 
 
 The question was then taken on the adoption of Rule VI, as reported"; 
 and the rule was adopted. 
 
 The question being separately taken on the 7th, 8th, 9th, 10th, 11th, 
 12th, 13th, 14th, 15th, 16th, 17th, 18th, and 19th Rules, as reported, they 
 were, respectively, adopted. 
 
 Rule XX, as reported by the Committee, being under consideration, 
 
 Mr. CYPERT offered the following as a substitute therefor : 
 
 EuLE XX. The Convention shall have power to exclude any and all re- 
 porters, upon a vote of two-thirds. 
 
 Mr. SARBER moved that the substitute be laid upon tbe table 
 Messrs. CYPERT and BROOKS opposed the motion to lay upon the 
 table. • -^ ^ 
 
 Mr. BOWEN [Mr. Brooks in (he chair-] desired that the Convention 
 would assume the responsibility in the matter of the exclusion of re- 
 porters, and hoped the motion to lay upon the table would be withdrawn 
 Mr. SARBER withdrew the motion to lay the substitute upon the table 
 The question was then taken [the President in the chavr} upon the sub- 
 stitute offered by Mr. Cypert; and the substitute was adopted 
 (66) 
 
Jan. 9th.J AEKAISTSAS CONSTITUTIONAL CONVENTION. [3d Day. 
 
 Printing of Rules, etc. 
 
 The question was taken separately upon the 21st, 22d, 23d, and 24th 
 Eules, as reported ; and the same were adopted. 
 Rule. XXV, as reported, being under consideration, 
 Mr. CYPBRT moved to amend by adding thereto the words : 
 
 "And any proposition to alter or amend these rules shall lie over one day." 
 
 Mr. BROOKS moved further to amend by striking out the words " two- 
 thirds," and inserting in their stead the words, " a majority." 
 
 The question was taken ; and the latter amendment was agreed to. 
 
 The question was then taken upon the amendment offered by Mr. 
 Cypert; and the amendment was agreed to. 
 
 The question was then taken upon the rule as amended; and it was 
 adopted ; so that the rule read as follows : 
 
 EuLE XXY. No rule of the Convention shall be suspended, altered or 
 amended, without the concurrence of a majority of the members present; and 
 any proposition to alter or amend the rules shall lie over one day. 
 
 Mr. KYLE moved that the following rule be added to those reported 
 
 from the Committee : 
 
 ft 
 EuLE XXVI. The ayes and noes shall be taken upon the passage of all 
 
 Ordinances on their. final reading. 
 
 The question being taken, the motion was agreed to ; • and the rule was 
 adopted. 
 
 So the Convention adopted, for its government in the transaction of 
 business, the rules as reported from the Committee, with the foregoing 
 modifications in Rules XX and XXV, and the addition of Rule XXVI. 
 
 FEINTING OF EULES, ETC. 
 
 Mr. BROOKS offered the following resolution : 
 
 Besolved : That the Secretary shall have one hundred copies of the Eules, 
 and Order of Business, printed for the use of the members of the Convention. 
 
 Mr. HENDS offered the following as a substitute for the resolution pre- 
 sented by Mr. Brooks : 
 
 Besolved: That one hundred and fifty copies of the Eules adopted for the 
 eovernment of this Convention be printed in pamphlet form, together with 
 
 ( 67 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday, 
 
 Qualification of certain Members. — HOGE. 
 
 the Standing Committees, and the names of its members, the various Eecon- 
 struetion Acts, and General Order No. 37, for the use of this Convention. 
 
 The question was taken ; and the substitute was adopted. 
 Mr. HINDS moved that the Convention adjourn. 
 The question was taken; and the motion was agreed to; 
 And thereupon, at 12.30, p.m., the Convention adjourned, under the rule, 
 to 10, A.M., of Friday, January 10th. 
 
 FOURTH DAY. 
 
 Friday, January 10th, 1868. 
 
 Convention met at 10, a.m. 
 
 In the continued absence of the Chaplain, and on invitation by the 
 President, prayer was offered by Eev. Miles L. Lansley, member from 
 Clark. 
 
 The roll was called; and a quorum of the members of the Convention 
 answered to their names. 
 
 The PRESIDENT invited the Honorable Lafayette Gregg, of Wash- 
 ington County, who was present in the lobby, to a seat within the bar of 
 the Convention. 
 
 The Journal of the preceding day was read and approved. 
 
 QUALIFICATION OF CERTAIN MEMBERS. 
 
 Mr. W. W. Reynolds, delegate from Benton County, appearing in his 
 seat, 
 
 Mr. I-IOGE moved that the credentials of Mr. Reynolds be received 
 and that the oath of office be administered to him. 
 
 Mr. HODGES, of Pulaski, presented a communication from Mr. L. D. 
 ToNBY, representing that he had been duly elected, by a majority of eight 
 votes, as delegate from Izard County, over Mr. W. W. Adams, and asking 
 to be admitted to a seat in the.Convention. Mr. Hodges moved that Mv. 
 ToNBY also be sworn as a member of the Convention, 
 
 Mr. HOGE objected. The credentials of the claimant were not regular 
 in form or character. It was proper that the member from Benton whose 
 ( 68J 
 
Jan. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [4th Day. 
 Izard County Election.— GBNEEAL DEBATE. 
 
 credentials were presented in due form, should be sworn in, so as to be 
 allowed a vote on all questions which might arise. 
 
 The PEESIDENT requested that the Convention would decide upon, 
 his qualifications to administer the oath of ojfice to delegates. 
 
 Mr. SNYDER moved that the President be authorized to administer 
 the oath of office to members. 
 
 The question was taken ; and the motion was agreed to. 
 
 The prescribed oath of office was administered by the President to 
 Mr. Eetnolds, and to Mr. 8. "W". Mallory, of Jefierson County, who ap- 
 peared in his seat and presented his credentials. 
 
 IZARD COUNTY ELECTION. 
 
 Mr. GANTT moved that the credentials of Mr. Toney, claimant of a 
 seat from Izard County, be referred to a select committee, to consist of 
 three members. 
 
 Mr. HODGrES, of Pulaski, moved to amend the motion by referring 
 the credentials to the Committee on Elections. 
 
 Mr. DUVALL thought that according to the Act of Congress under 
 which the Convention assembled, the commanding General was alone 
 authorized to determine as to the validity of elections ; and that officer 
 having assigned the seat to Mr. Adams, he doubted the authoi'ity of the 
 Committee on Elections, or the Convention, to award the seat to any other 
 person. . 
 
 Mr. BROOKS thought the Convention was competent to determine in 
 cases of contested elections. 
 
 Mr. DALE stated that he had had a talk with one of the Registrars, 
 who told him that Mr. Tonby had been elected by a majority of eight votes. 
 
 Mr. CYPERT said there was no case before the Convention. No per- 
 son had offered any credentials ; and until the person who possessed those 
 credentials should present them, no claims of a contestant could be con- 
 sidered. It would be anomalous to recognize Mr. Toney's informal claims 
 by referring them to the Committee on Elections. Any action, whatever, 
 that the Convention might now take upon the subject, would be taken 
 without so much as a shadow of authority. 
 
 Mr. EY"LE said the Convention had no authority outside of that con- 
 ferred by the Acts of Congress. Although it might be said that the 
 members of the Convention were the representatives of the people acting 
 in their highest capacity, yet it was nevertheless a fact that the body did 
 not exist under and by virtue of the State Constitution ; and its assembling 
 was not sanctioned by the majority of the people of the State proper. He 
 looked upon the commanding General as the sole and ultimate authority 
 
 ( 69 ) 
 
1868.] DEBATES AND PEOCEEDI]SrGS OP THE [Friday, 
 
 Completion of Committee on Memorials and Ordinances. 
 
 to determine the result of the elections. The decision of the General 
 commanding could not he questioned. If Mr. Adams had for his cre- 
 • dentials the certificate of the District Commander, his right to a seat could 
 not be questioned. 
 
 Mr. WILSOIS" considered the action of Maj. Gen. Schofield, in referring 
 contested cases of election to the decision of the Virginia Convention, a 
 sufficient precedent for the action proposed. The Convention, in his 
 opinion, was the proper judge of the election and qualifications of its 
 members; and the reference of the subject to the Committee on Elections 
 was the proper course to be pursued. 
 
 Mr. BEADLEY thought it advisable to "make haste slowly." The 
 case of the Virginia Convention furnished no precedent, since in the pres- 
 ent instance there was no contest for the seat. No claimant had as yet 
 presented any credentials. He advised that no action should be taken on 
 the matter until Mr. Adams, who had been advertised, in orders from Gen. 
 Smith, as delegate from Izard, should arrive and claim his seat. 
 
 Mr. HICKS moved the indefinite postponement of the subject, and 
 upon that motion asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Teas 26, 
 'S&jH 34, as follows : 
 
 Yeas : Messrs. Beasley, Bell, Bradley, Cypert, Duvall, Exon, Gantt, Har- 
 rison, Hicks, Hinkle, Hodges of Crittenden, Hoge, Kyle, Matthews, Millsaps, 
 MeOown, Owen, Portis, Priddy, Puntney, Eeynolds, Eounsaville, Shoppach, 
 Van Hook, Walker, and Wright — 26. 
 
 Nays : Messrs. Belden, Brashear, Brooks, Coates, Corbell, Dale, Evans, Gray 
 of Jeiferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hodges of Pulaski, 
 Houghton, Hutchinson, Johnson, Mallory, Montgomery, McClure, Oliver, 
 Poole, Eector, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Wilson, 
 White, Williams, Wyatt, and the President — 34. 
 
 So the Convention refused to indefinitely postpone the subject. 
 
 The question was then taken upon the motion to refer the communica- 
 tion of Mr. ToNBY to the Committee on Elections ; and the motion was 
 agreed to, — Ayes 38, Noes 17. 
 
 COMPLETION OF COMMITTEE ON MEMORIALS AND ORDINANCES. 
 
 The PEESIDENT announced, as additional members of the Committee 
 on Memorials and Ordinances, Messrs, Rawlings and Hollis. 
 
 ( ^0 ) 
 
'an. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [4tli Day. 
 Committee on Penitentiary — Expenses of the Convention. 
 
 APPOINTMENT OP COMMITTEE ON PENITENTIARY. 
 
 The PRESIDEITT announced the Special Committee on the Peniten- 
 iary, as follows : 
 Messrs. McClure, Sims, Sarber, Exon, and Scott. 
 
 QUALIFICATION OF MR, HOLLIS. 
 
 Mr. William G. Hollis, delegate from Calhoun County, appeared in his 
 leat and presented credentials; and the prescribed oath of office was 
 idministered to him by the President. 
 
 committee on the penitentiary — AGAIN. 
 
 Mr. CYPERT wished, with all due deference, to call the attention of 
 he President to the fact that Mr. Bradley, who moved the appointment 
 )f the Special Committee on the Penitentiary, had not even been named 
 ipon it. Parliamentary usage required that the author of any measure 
 ookingto the appointment of a committee, should be made Chairman of 
 ;uch committee— rcertainly that he should have a place upon it. The fact 
 )f a member moving for the appointment of a committee upon a special 
 lubject, rendered it supposable that he possessed some special information 
 n regard to the matter. , 
 
 Mr. BRADLEY desired no distinction of the kind mentioned; he 
 vould be satisfied with an opportunity to discuss the reports of commit- 
 ees. 
 
 Mr. G-AlffTT said that if parliamentary rules were to be set aside, and 
 )arliamentary usage ignored, for the gratification of personal ends, or 
 )rivate spite, the Convention might as well know it first as last. 
 
 The PRESIDENT declared the gentleman from Prairie [Mr. Gantt] 
 o be out of order. Under the rules, the authority was given the Presiding 
 )fflcer to name the members of committees. The Chair intended to ap- 
 )oint those gentlemen whom the Chair deemed best qualified, and should 
 ixercise that right, subject to responsibility for any errors of judgment 
 ommitted. 
 
 expenses of the convention. 
 
 Mr.- MoCLTJRE, from the Committee on Finance, Taxation, Public 
 )ebt, and Expenditures, reported the following " Ordinance, No. 1," which 
 ras read a first time : 
 
 { n ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday, 
 
 Expenses of Convention.— McCLUEE— HINDS— CTPERT— HODGES. 
 
 AN ORDINANCE RAISING REVENUE FOR THE PURPOSE OF DEFRAYING 
 EXPENSES OF CONSTITUTIONAL CONVENTION. 
 
 Be it ordained by the People of the State of Arkansas, in Convention assembled: 
 That there is hereby levied upon the taxable property of said State, one-half 
 of one per cent., for the purpose of defraying the expenses incurred under the 
 provisions of an Act of Congress entitled " An Act to provide for the more efS- 
 cient government of the Eebel States," passed March second, eighteen hundred 
 and sixty-seven, and acts of Congress supplemental and amendatory thereto. 
 And that the officers now provided by law for the collection of taxes, shall 
 collect and pay the same into the Treasury of the State, on or before the first 
 day of June, eighteen hundred and sixty-eight. 
 
 And he it further ordained: That the Auditor of said State is hereby directed 
 to issue his warrant upon the Treasurer of said State, for such amounts as the 
 President and Secretary of the Convention may certify to be due to any person 
 or persons, for expenses or services incurred under the provisions of the afore- 
 said act. Upon the receipt of the warrant aforesaid, the Trea.surer will issue 
 his warrant, payable on the first day of June, one thousand eight hundred 
 and sixty-eight, for the amount that may be due such person or persons. 
 
 All collectors of taxes shall receive the warrants of the Treasurer of said 
 State, issiTcd as aforesaid, in payment of the tax levied by the Ordinance, or for 
 any taxes due to said State. 
 
 That the amount to be levied by the provisions of this Ordinance, shall be 
 placed upon the Tax-Books for the year eighteen hundred and sixty -seven, by 
 the officers now designated by law. And it is hereby made the duty of the 
 Auditor of State to make the apportionment among the different counties of 
 the State, in proportion to the valuation of taxable property in said counties. 
 
 Mr. HIN'DS moved to refer the ordinance to the Committee on Memo- 
 rials and Ordinances. 
 
 Mr. McCLURE objected ; he said if every ordinance had to go through 
 that Committee, the sitting of the Convention would be a long one. The 
 Ordinance had been drawn under the instructions of the Convention. 
 
 Mr. HIISTDS withdrew his motion, he having supposed that the ordi- ' 
 nance had been offered by the gentleman [Mr. McClure] in his individual 
 capacity. 
 
 Mr. CTPERT moved that the ordinance be made the special order of 
 the day for Monday (Jan. 13th) following, and that one hundred copies 
 be printed for the use of the members of the Convention. 
 
 Mr. HODGES, of Pulaski, said the demand for money was urgent. 
 The Secretary had, on his own responsibility, supplied the desks of mem- 
 bers ; and his credit, acting in his oflicial capacity, was about exhausted. 
 The Ordinance should be considered at an early day, as money must be 
 forthcoming. 
 (12) . 
 
Jan. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [4th Day. 
 Limitation of Debate.— CYPEET—MONTGOMEEY—BEADLEY. 
 
 Mr. BEODKS thought all could wait. 
 
 Mr. McCLURE replied that a tax of one per cent, had been levied in 
 1866, and in 1867 a tax of one-half per cent., and that there was now only 
 $60,000 in'money in the State Treasury; while $25,000 was being paid out 
 quarterly, to meet the expenses of the State Grovernment. $100,000 of 
 the State funds had been invested in 10.40 bonds, which were on deposit 
 with the Secretary of the Treasury of the United States. What funds 
 were now in the State Treasury would be paid out in nine months, for 
 the expenses of the State. From the Auditor's books, he estimated the 
 entire taxable property of the State at $43,000,000; and a tax of one-half 
 of one per cent, would yield $215,000. He was satisfied that it was out 
 of the power of the Convention to take a cent out of the Treasury. 
 
 Mr. CYPERT only asked time to investigate the matter more thor- 
 oughly, and this could not be done before Monday. 
 
 The question was taken upon the motion to print one hundred copies 
 of the Ordinance proposed, and to make the consideration of the same 
 the special order for Monday following ; and the motion was agreed to. 
 
 LIMITATION OF DEBATE. 
 
 Mr. HUTCHIN"SO]Sr moved the adoption of the following additional 
 rule of order : 
 
 EuLE XXVII. Besolved, That no member be allowed to occupy the floor 
 more than twenty mimites at any one time, except by consent of two-thirds 
 of the members present. 
 
 Mr. CYPERT said he was not, himself, long-winded, and did not think 
 he would ever desire to speak over twenty minutes ; but other members 
 might probably require more time; and subjects would be discussed to 
 which justice could not be done within the limits proposed. 
 
 Mr. MONTGOMERY would vote against the resolution, for the reason 
 that he wanted some of the members to " blow off" early in the session. 
 
 Mr. BRADLEY did not desire to be put, as it were, in a strait-jacket; 
 and although he thought it improbable that he would ever desire to speak 
 over twenty minutes, yet he did not wish, in any case, to be cut short. 
 He wanted everything that he and others might introduce, sifted thor- 
 oughly, and not to have ordinances rushed through in packages. Every 
 man was making a record, here, for himself; he and his posterity must 
 shoulder the responsibility of his acts, and he was therefore unwilling to 
 act hastily. He and his could not pack up and leave Arkansas at a mo- 
 ment's notice ; they were harnessed to the soil. He was not a partisan, 
 but was acting for his constituency and the people of Arkansas, and he 
 
 would make haste slowly. 
 
 (73) 
 
1868.] DEBATES AND PEOCEEDmGS OP THE [Friday, 
 
 Invitation to Governor and Sub-District Commander — Committee on Apportionment. 
 
 Mr. HODGES, of Pulaski, expressed himself somewhaf inclined to 
 favor the resolution. He thought that if members were making sensible 
 speeches, the Convention v?ould not hesitate to lengthen the time. 
 
 Mr. SMITH moved that the resolution be laid upon the tabte. 
 
 The question was taken on the motion to lay upon the table ; and the 
 motion was agreed to. 
 
 INVITATION TO THE GOVERNOK ANB SUB-DISTRICT COMMANDER. 
 
 Mr. SMITH offered the following resolution : 
 
 Resolved : That a committee of three be appointed to wait upon Governor 
 MuEPHY and General Smith, and invite them to seats within the bar of this 
 Convention. 
 
 The question was taken ; and the resolution was adopted. 
 The PRESIDEl^T announced, as such Committee, Messrs. Smith, 
 Bradley, and Coates. 
 
 COMMITTEE ON APPORTIONMENT. 
 
 Mr. SARBER offered the following resolution : 
 
 Resolved: That the President of this Convention appoint two additional 
 members on the Committee on Apportionment. 
 
 The question was taken ; and the resolution was adopted. 
 
 ADJOURNMENT. 
 
 Mr. BROOKS moved that the Convention adjourn. 
 
 The question was taken ; and, a division being called for, the number of 
 members voting in favor of and against the motion being equal, the 
 President cast his vote in the negative ; so the motion to adjourn was not 
 agreed to. 
 
 The order of business, under the rules, having then been proceeded 
 with; and no further business being before the Convention 
 
 Mr. GANTT moved that the Convention adjourn. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 12.45, p.m., the Convention adjourned to 10, a.m., of 
 Saturday, January 11th. 
 
 (74) 
 
Jan. lOth.J AEKANSAS CONSTITUTIONAL CONVENTION, [4th Day. 
 Assets in State Treasury — Investment of State Funds in U. S. Bonds. 
 
 FIFTH DAY. 
 
 Saturday, January llth, 1868. 
 
 Convention met at 10, a.m. 
 
 In the continued absence of the Chaplain, and on invitation of the 
 President, prayer was offered by Mr. Egbert Hatfield, member from 
 Franklin. 
 
 The roll vras called ; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal of the preceding day was read and approved. 
 
 INVITATION TO THE GOVERNOR AND SUB-DISTRICT COMMANDER — AGAIN. 
 
 Mr. BRADLEY, from the Special Committee appointed to wait upon 
 his Excellency Governor Murphy, and upon Brig. Gen. Smith, Com- 
 manding the Sub-District of Arkansas, to invite them to seats within 
 the bar of the Convention, reported that the Committee had performed 
 that duty, and that his Excellency the Governor, and Gen. Smith, had 
 signified their acceptance of the invitation. 
 
 ASSETS IN the STATE TREASURY. 
 
 Mr. POOLE offered the following resolution : 
 
 Resolved : That Henry Page, State Treasurer and disbursing oflacer of the 
 State of Arkansas, be directed to report to this honorable body, at his earliest 
 convenience, an accurate account of the assets of the State under his control. 
 
 The question was taken ; and the resolution was adopted. 
 
 INVESTMENT OF STATE FUNDS IN U. S. BONDS. 
 
 Mr. CYPEET offered the following resolution : 
 
 Resolved: That the Custodian of the State Treasury be requested to furnish 
 this Convention with all the information he has in relation to the investing of 
 the $100,000 of State funds in United States bonds; under what authority it 
 was done; and by what agency it was effected. 
 
 The question was taken ; and the resolution was adopted. 
 
 ( V5 ) 
 
1868.] DEBATES AND PEOOEBDINGS OP THE [Saturday, 
 
 Addition to Oommittee on Judiciary — Arrangement of Committee Kooms. 
 
 ADDITION TO COMMITTISE ON THE JUDICIARY. 
 
 Mr. KYLE moved that the names of Messrs. Hodge&, of Crittenden, 
 and GrANTT, be added to the Committee on the Judiciary. 
 
 The PEESIDEFT stated that it would be necessary to suspend the 
 rules, in order to bring the question before the Convention,- the Committee 
 having been appointed under a resolution limiting its number to seven. 
 
 He would add, that the Chair was well satisfied with the composition of 
 the Committee, as it stood ; and had no explanations to ofifer in regard to 
 the selections which it had been thought fit to make. In the judgment 
 of the Chair, the Committee on the Judiciary, as already constituted, 
 comprised the best legal talent of the body. 
 
 Mr. KYLE moved that the rules be suspended. 
 
 The question was taken ; and, a division being called for, the Convention 
 refused to suspend the rules — Ayes 20, !N"oes 31. 
 
 ARRANGEMENT OF COMMITTEE ROOMS. 
 
 Mr. SNYDER offered the following resolution : 
 
 Besolved: That the Doorkeeper be directed to see that the committee-rooms 
 are ready for the accommodation of the several committees of this Convention. 
 
 The question was taken ; and the resolution was adopted. 
 Mr. SMITH moved that the Convention adjourn. 
 The question was taken ; and the motion was agreed to ; 
 And thereupon, at 11, a.m., the Convention adjourned to 10, a.m., of 
 Monday, January 13th. 
 
 ( ^6 ) 
 
Jan, 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [5th Day. 
 Expenses qf Convention.— CYPEET. 
 
 SIXTH DAY. 
 
 Monday, January 13<A, 1868. 
 
 Convention met at 10, a. m. 
 
 In the continued absence of the Chaplain, and on invitation of the 
 President, prayer was offered by Rev. J. T. White, member from 
 Phillips. 
 
 The roll was- called; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal o'f Saturday was read and approved. 
 
 EXPENSES OP THE CONVENTION — RESUMED. 
 
 The PRESIDEiN'T announced, as the special order of the day, the con- 
 sideration of the Ordinance, reported from the Committee on Finance, 
 Taxation, Public Debt, and Expenditures, entitled " An Ordinance raising 
 Revenue for the purpose of Defraying Expenses of Constitutional Con- 
 vention." 
 
 Mr. CYPERT offered, as a substitute for the Ordinance reported from 
 the Committee, the following ["Ordinance ISTo. 2"], which was read a first 
 time: 
 
 AN ORDINANCE TO PROVIDE POR THE PAYMENT OF THE EXPENSES OP THIS 
 
 CONVENTION. ' 
 
 Be it ordained by the people of the State of Arkansas in Convention assembled, in 
 accordance with the provisions of an Act of Congress of the United States to provide 
 for the more efficient government of the Rebel States, &c., passed March 2d, 1867 : 
 That there is hereby levied a poll tax of one dollar upon each registered 
 voter in this State who has been, or may hereafter be, registered under the pro- 
 visions of the several Acts of Congress under which this Convention was called : 
 and the Collectors of the public revenue of the several counties of this State 
 shall be immediately furnished with a full and perfect list of said registered 
 voters in their several counties, by the President of the Board of Eegistration 
 for said county; and as soon as said Collectors shall receive said list, they shall 
 proceed immediately to collect said tax, in the manner now prescribed by law ' 
 for the collection of the revenue in this State. 
 
 Sec. 2. Be it further ordained: Said poll tax shall be collected and paid into 
 the Treasury of the State on or by the first day of June, A. D. 1868. 
 
 Sec. 3. Be it further enacted: That the Auditor shall issue his warrant upon 
 the Treasury for any and all expenses of this Convention properly certified to 
 him, specifying that it is for expenditures of this Convention ; and that the 
 Treasurer shall thereupon issue to the holder of said warrant a Treasury note, 
 payable on the 1st day of June, 1868, out of the funds hereby raised for the 
 purpose of defraying the expenses of this Convention. 
 
 ( 77 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 Election of Officers by the Legislature — Rebuilding qf Levees-^Expenses of Convention. 
 
 Sec. 4. Be it further ordained : That the Treasurer shall receive from said 
 Collectors, as money, any of the aforesaid Treasury notes, in discharge of any 
 funds due from them, raised by virtue of this Ordinance. 
 
 Sec. 5. Be it further ordained: That the Auditor shall not be required to issue 
 his warrant for any claims for expenses of this Convention, other than the per 
 diem of members and oflScers, unless the same has been audited and ordered 
 to be paid by this Convention. 
 
 Sec. 6. Be it further ordained: That the several Collectors of this State shall 
 be liable, upon their official bonds, for any defalcations or malfeasance in office 
 in the performance of the duties herein prescribed, the same as now prescribed 
 by law for other official duties. 
 
 Mr. McCLUEE moved that the substitute offered, together with the 
 original Ordinance reported from the Committee, be made the special 
 order of the day for Monday, January 20th ; and, further, that one hun- 
 dred copies of the proposed substitute be printed. 
 
 The question was taken; and the motion was agreed to. 
 
 ELECTION OF OFFICERS BY THE LEGISLATURE. 
 
 Mr, KYLE offered the following resolution : 
 
 Besolved: That the three principal departments of government of the State 
 of Arkansas be referred to the appropriate Committees, the Legislative, Execu- 
 tive, and Judicial, with instructions to the Judicial Committee to inquire into 
 the expediency of electing by the Legislature, the following officers, to wit: 
 Supreme and Circuit Court Judges, Chancellors (provided a separate Chancery 
 Court system is adopted), Attorney General for the State, Prosecuting Attorney 
 for the respective Judicial Districts, Secretary of State, Auditor, and Treasurer. 
 
 The question was taken; and the resolution was adopted. 
 
 REBUILDING OF LEVEES. 
 
 Mr. HIFDS offered the following resolution : 
 
 Besolved: That a Committee of three be appointed by the Chair, lo draft a 
 memorial to Congress, setting forth the necessity for National aid in rebuildino- 
 the levees along the overflowed districts of the State. " 
 
 Mr. BEOOKS moved that the resolution be referred to the Committee 
 on Memorials and Ordinances. 
 
 The question was taken ; and the motion was so agreed to 
 ( ^8 ) . ' . 
 
Jan. 13tli.] AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 
 Assets in State Treasury. 
 
 EXPENSES OF THE CONVENTION — AGAIN. 
 
 Mr. BROOKS offered the following resolution : 
 
 Resolved: That the Committee on Memorials and Ordinances be and are 
 hereby instructed to inquire into the propriety of providing for the payment 
 of the expenses of this Convention, out of funds now in the State Treasury, and 
 of memorializing the Commander of this District for his approval; and report 
 by ordinance or otherwise. 
 
 The question was taken ; and i,he resolution was adopted. 
 
 ASSETS IN STATE TREASURY — AGAIN. 
 
 The SECEETARY read the following communication from Henry 
 Page, State Treasurer, in answer to the resolution calling for informa- 
 tion in regard to the present assets of the State in the State Treasury : 
 
 TREASrRT OV THE STATE OF AkKANSAS, 
 
 Little Eook, Jan'y 13, 1868. 
 The Son. President and Members of the Constitutional Convention assembled : 
 
 Messrs : In compliance with resolution adopted by your honorable body on 
 the 11th, calling for an accurate report of the assets of the State under my 
 control, 
 
 I have the honor to forward enclpsed report, showing amount of assets of 
 the State, for which I am accountable. 
 
 I enclose true copy of Protested Certificate of Special Deposit of Barnes and 
 Brother, of Little Ebck, showing the sum of two thousand dollars due and 
 remaining unpaid on original certificate of ($25,000) twenty-five thousand, 
 dated July 14th, 1866, drawn in favor of E. D. Ayers, State Treasurer State 
 Funds; which certificate was transferred to me by my predecessor; on the re- 
 ceipt of which I reported the facts in the case to the General Commanding, 
 and placed said certificate in the hands of John "Whytock, U. S. District At- 
 torney, with instructions to take such steps for its collection as he deenied 
 most advantageous to the State ; which he caused to be duly protested and re- 
 turned to this oflSce for safe keeping. , 
 
 Very Eespectfully, 
 
 Your Ob't Servant, 
 
 SEAL OF THE 1 H-PMBV V ACV 
 
 TKEASUBER 1 JIENRY rAGE, 
 
 OF STATE. I Treasurer. 
 
 ARKANSAS. 
 
 ( 79 ) 
 
1868.] 
 
 DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Investment of State Punds in U. S. Bonds. 
 
 STATEMENT OP FUNDS ON HAND IN STATE TREASURY OF ARKANSAS, 
 
 JANUARY 13, 1868. 
 
 1868. 
 
 January 13th, Cash on hand due County Clerks, 
 
 Saline Pund, . 
 L. E. Swamp Land Fund, 
 Batesville " " 
 
 Internal Improvement Fund, 
 Gen'l Swamp Land '' 
 
 Counties, .... 
 
 Gen'l Eevenue U. S. C, 
 Certificate of Deposit of Barnes & Brother, protested May 
 14th, 1867, received as cash, ..... 
 
 " 10-40 U. S. Bonds, deposited with P. E. Spinner, 
 
 I certify that the above statement is correct. 
 
 $143 
 
 46 14 
 
 71 41 
 
 17 83 
 
 324 06 
 
 46 14 
 
 1849 40 
 
 62,726 29 
 
 2,000 00 
 
 $67,223 77 
 99,997 50 
 
 $167,221 27 
 
 SEAL OF THE 
 TBEASUBER 
 OF STATE. 
 ABKAHSAS. 
 
 Henry Page, 
 
 Treasurer. 
 
 Accompanying the above communication, was a certified copy of the 
 protested certificate therein mentioned. 
 
 Mr. CYPEET moved that the communication be referred to the Com- 
 mittee on Finance, Taxation, Public Debt, and Expenditures, 
 
 The question was taken ; and the communication was so referred. 
 
 INVESTMENT OF STATE FUNDS IN U. S. BONDS — AGAIN. 
 
 The SECEETAEY then read the following communication from the 
 State Treasurer, in reply to the resolution calling for information in regard 
 to the investment of one hundred thousand dollars of State funds in 
 United States bonds : 
 
 TEBAStTRT OP THE StATB OF ARKANSAS, 
 
 Little Kock, Jan'y 13th, 1868. 
 The Hon. President and Members of the Constitutional Convention assembled: 
 
 Messrs. : In compliance with Eesolution adopted by your honorable body the 
 11th inst., requesting that the CuBtodian of the Treasury furnish the Conven- 
 tion all the information which he has regarding the investing of one hundred 
 (80) 
 
Jan. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 Investment of State Funds in U. S. Bonds. 
 
 thousand dollars, State Funds, in U. S. Bonds, and under what authority it was 
 done, and through what agency it was effected. 
 
 I have the honor to report that said investment was made in obedience to 
 positive order of Brevt. Maj. General B. O. C. Ord, Comdg. Fourth Mili- 
 tary District, copy of which is herewith enclosed, marked No. 1, directing 
 that ($200,000) two hundred thousand dollars be invested in U. S. Bonds. 
 My letter marked No. 2 urging that not more than one-half the above amount 
 be invested, giving reasons. Letter marked No. 3, General Oed's reply, or- 
 dering that one hundred thousand dollars instead of two hundred thousand, 
 as originally ordered, be invested; which order was obeyed without unneces- 
 sary delay. 
 
 Said bonds were purchased from F. E. Spinner, Treasurer of the United 
 States, direct by myself, and not through any agency or banking house, and 
 are now deposited for safe keeping in the Treasury of the United States, sub- 
 ject to my order countersigned by Commanding General Fourth Military Dis- 
 trict, until such time as this State shall be recognized by Congress, after which 
 time payable to the Treasurer of the State of Arkansas. Enclosed please find 
 copies of correspondence between Hon. F. E. Spinner, Treasurer of the U. S., 
 Hon. Hugh McCtjllough, Sec'y of U. S. Treasury, and myself as Treasurer 
 of the State of Arkansas, regarding purchase of said bonds. 
 
 Very respectfully, 
 ■ . Your obt. servt., 
 
 f SBAL OP THE -| HtTNRT PaRF 
 
 OF STATE. Treasurer. 
 
 ABEANSAS. 
 
 Temporaky Headquarters Pottrth Military District, 
 
 Little Eock, Ark., May 21st, 1867. 
 BvT. Col. Henky Page, 
 
 A. Q. M. and Acting State Treasurer. 
 
 Sir : Please telegraph to Mr. Spinnee, U. S. Treasurer, that you have two 
 hundred thousand dollars Arkansas State funds, which you are directed by 
 me to invest for security in U. S. Bonds. Ask the mode of doing so, and make 
 the investment with as little delay as practicable ; deposit these securities in 
 the U. S. Treasury, taking certificates of deposit ; and inform me when the 
 business is completed. Ask General Spinnee what bonds yield the best interest 
 
 now, and act accordingly. 
 
 E. 0. C. Ord, 
 Bvt. Major and Brigadier General, U. S. A., 
 Commanding. 
 
 True copy. 
 
 Henet Page, 
 
 Treasurer. 
 
 6 ( 81 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Investment of State Funds in U. S. Bonds. 
 
 Hbadqtjaktbrs Fourth Military District, 
 (Mississippi and Arkansas) 
 
 ViCKSBTTRG, Miss., June 10th, 1867. 
 Brevt. Col. Henry Page, 
 
 Captain and A. Q. M., TJ. S. V., Acting Treasurer of Arkansas. 
 Colonel: If you have not invested the 1200,000, Arkansas funds, in U. S. 
 Bonds, please do so with as little delay as practicable. The 5-2(J-^'which bear 6 
 per cent, interest in gold, and are reported above par from 7 to 9 per centum — 
 will be as good as any to invest in. 
 
 Make them payable to the " Acting Treasurer of the State of Arkansas" — coun- 
 tersigned by the General Commanding the Ath Military District, until the establish- 
 ment of permanent civil Government recognized by Congress ; after which, payable to 
 the Treasurer of the State. 
 
 Please notify me of the execution of the directions contained in this letter, 
 as soon as obeyed. 
 
 The bonds will be deposited as I directed, in the Treasury Department at 
 "Washington, and you will take certificates of deposit. 
 
 I am, respectfully, 
 
 E. O. C. ORto, 
 
 _ Bvt. Mai. Genl. Comdg. 
 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 Treasury oi' the State or Arkansas, 
 
 Little Rock, June 8, 1867. 
 Major O. D. Greene, 
 
 A. A. G. 4th Military District, Vicksburq. 
 
 Major : I have the honor to forward enclosed copies of letter and telegrams 
 with regard to investing the surplus funds of the State in U. S. Securities. 
 
 1^0 reply to the letter has as yet been received. 
 
 I also enclose estimate of expenses of the Provisional State, for the ensuing 
 year. ° 
 
 One hundred thousand dollars is as much as in my opinion it will be expedi- 
 ent to invest. 
 
 I have the honor to inform the General Commanding, that steps are being 
 taken at present by a Mr. O. E. Wilson to garnishee about one hundred and 
 twenty-seven thousand dollars in favor of the United States, that being about 
 the amount (principal and interest) which was in the hands of U. S. Officers in 
 thi8,State^in the year 1861, and which was taken possession of by the so-called 
 Confederate Government, and used for the purpose of buying arms &c. to 
 prosecute the rebellion. ' ' 
 
 (82) 
 
Jan. ISth.J AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 . Investment of State Funds in U.S. Bonds. 
 
 As soon as Genl. Spinner's answer is received, and this letter has had suflS- 
 cient time to reach the General Commanding, I propose to carry out the in- 
 structions contained in his letter, left with me by the Genl. Commanding at 
 the time he left here. May 2l8t. 
 
 Should anything different be desired, please telegraph me on receipt of this. 
 
 Tour obt. serv't, 
 
 Henry Page, 
 Brevt. Col., A. Q. M., Ac, 
 Treasurer. 
 
 SEAL OE THE 
 TREASURER 
 OF StATE.' 
 ARKANSAS. 
 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 The Western Union Telegraph Company. 
 
 Dated Vicksbtjrg, Miss., 21st, 1867. 
 Keceived at L. Rock June 21. 
 
 To CoL. Henry Page, 
 
 A. Q. M. 
 Tour letter and telegram received. Invest a hundred thousand ($100,000) 
 dollars in 5 per centum bonds, interest payable in gold, made payable as in my 
 letter of the tenth (10) inst. Acknowledge receipt. 
 
 E. O. C. Ord, 
 
 Brig. Genl. Comdg. 
 212 561 paid. 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 Treasitkt oj" the State oj' Arkansas, 
 
 Little Kock, May, 1867. 
 
 Hon. Hdgh McCullough, 
 
 Sec'y of the Treasury, "Washington, D. C. 
 
 Sir : I am directed to invest ($200,000) two hundred thousand dollars in 
 United States Bonds. 
 
 Can I purchase them from the United States direct ? 
 
 Henry Page, 
 Brevt. Col. A. Q. M. 
 Copy of Telegram. 
 Henry Page, 
 
 Treasurer. 
 
 ( 83 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 Investment of State Punds in U. S. Bonds. 
 
 The Westekn TJirioir Tklbgkaph Compant. 
 
 Dated "Washingtoit, 25tli, 1867. 
 Keceived at L.Eock, May 26th. 
 To Henry Page, 
 
 Byt. Col. A. Q. M. 
 Bonds can be purchased of the Government at the prices they s^l at in New 
 York. 
 
 H. McCuLLOUGH. 
 
 15 L. E. 585, Collect. 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 TREASrRY 01' THE STATE OE ARKANSAS, 
 
 Little Bock, June 24, 1867. 
 Hon. p. E. Spinner, 
 
 Treasurer U. S., Washington, D. C. 
 
 Sir : I have the honor to forward enclosed Certificate of Deposit in U. S. 
 Depository (viz., Merchants' National Bank of Little Eock, Arkansas), for the 
 sum of 6100,000. 
 
 Please deposit in the U. S. Treasury a corresponding amount of Pive per 
 cent. Gold-bearing Bonds, payable to Henry Page, Bt. Col. A. Q. M. & Acting 
 Treasurer of the State of Arkansas — countersigned by the General Command- 
 ing the 4th Military District, until the establishment of permanent civil gov- 
 ernment recognized by Congress ; after which, payable to the Treasurer of 
 the State of Arkansas. ' 
 
 Please send me certificate of deposit. 
 
 This investment is made in obedience to instructions received from Bt. Maj. 
 E. O. C. Okd, Com'dg 4th Military District. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 Henry Page, 
 Bt. Col. A. Q. M. and 
 Treasurer. 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 (84 
 
Jan. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 Investment of State Funds in U. S. Bonds. 
 
 The WssTBKif Union Tbleqbaph Company. 
 
 '" Dated Washinqton, D. 0., 14th, 1867. 
 
 Eeceived at Little Eock, Sept. 14. 
 To Col. Henry Page, 
 
 Treas'r : 
 Invested, and statement by mail to you on ninth (9th) inst. 
 
 P. B. Spinner. 
 10 L. K. 3.75, collect. 
 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 Tkeasttet of the United States, 
 
 Washington, September 9th, 1867. 
 
 Sir : Your letter of the 2d instant has been received. 
 
 The money you speak of was received, the one-half here, and the other at 
 New York. Both parcels came without a word of explanation by letter or 
 otherwise. But as no one claimed it, I took it for granted that the two remit- 
 tances' of 150,000 each, constituted the |100,000 that you had written me to 
 invest in U. S. 5 per cent. 10-40s, and hold in trust for you. I accordingly sent 
 Mr. Van Dyck, the Asst. Treasurer at New York, the amount that came to me, 
 to place with that received by him, and then to purchase as. much of the stock 
 named as could be had for the money. The result was, he bought $100,500. 
 He rendered me an account as follows : $100,500 of 10-40 5 per cent. Bonds at 
 99^—99,997.50. 
 
 Have credited your transfer account, $2.50. 
 $100,000. 
 
 The two dollars and fifty cents is herewith enclosed you. The stocks that 
 he sent here were in all sorts of amounts, and standing in the names of various 
 persons. I had them transferred to me in trust for you, and now so hold as 
 follows : Bonds 10,283, 10,284, 10,285, 10,286, 10,287, 10,288, 10,289, 10,290, 
 10,291, and 10,292, of $1000. each, is $100,000, andBond 3262, of $500, making 
 in all $100,500 in 10-40 5 per cent., under Act of March 3d, 1864. Interest 
 payable July 1 and January 1st, at this office, in gold. 
 
 Very respectfully yours, 
 
 P. B. Spinner, 
 
 Treas. U. S. 
 CoL. Henry Page, Treasurer Arkansas. 
 Little Kock, Arks. 
 
 Copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 (85 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Monday, 
 
 Investment of State Funds in XJ. 8. Bonds. 
 
 Tkeastjet of the United States, 
 
 Washinqton, Sept. 23, 1867. 
 
 Colonel : Your letter of the 17th instant has been received. You state that 
 I had informed you in my letter of the 9th instant that I had invested in TJ. 
 S. 10-40 Bonds, and enclosed $2.50. 
 
 My letter of the 9th instant stated the amount invested as $100,500, and it 
 was intended as a certificate of that fact. 
 
 As the money is invested in stocks, and held in trust for you, and is not as 
 money in the Treasury, no certificate can be issued. You can readily see that 
 you should not have the evidence that you have deposited 1100,000 in money 
 in the Treasury and at the same time hold Government Bonds, that were 
 bought with this very money. 
 
 Very respectfully yours, * 
 
 F. E. Spinner, 
 
 Treas. TJ. S. 
 Copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 Tkeasurt or the State or Abkansas, 
 
 Little Rock, September 2d, 1867. 
 Hon. p. E. Spinner, Treasurer, 
 
 WASHINGTOlf, D. C. 
 
 Having forwarded to your address on 24th of June the sum of $100,000 
 to be invested in U. S. Securities, in accordance with instructions from Bvt. 
 Maj. Genl. B. O. C. Ord, commanding 4th Military District, with the request 
 that said U. S. Bonds might be deposited in the Treasury of the U. S., and 
 that a certificate of deposit for the same might be forwarded to my address. 
 
 Such certificate having not yet come to hand, I have the honor to request 
 that it may be forwarded as required, without unnecessary delay. 
 I have the honor to remain. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 Henry Page, 
 
 Treasurer. 
 
 TkEASUET OV THE UNITED STATES, 
 
 Washington, June 10th, 1867. 
 Colonel : Your letter of the 28th ultimo is this day received 
 All the six per cent, stocks of the United States are now at premiums of from 
 about SIX to twelve per cent. 
 ■ ( 86 ) 
 
Jan. 13th.] AEKANSAS CO]SrSTITUTIO:t^AL CONVENTION. [6th Day. 
 Committee on Federal Kelations — Adjournment. 
 
 The five per cent, stock is now a trifle below par, say 99 J per cent. This 
 last would therefore be the most eligible, under the circumstances, for you. 
 
 I think you had better procure the draft of the bank you mention, on their 
 correspondent in New York, which if you endorse it over to me, I will, when 
 it is collected, invest for you, and in your oflBcial name, in such United States 
 Stocks. "When so invested I will hold them as a special deposit, subject to your 
 order, or forward them to you, as you may elect. 
 
 Very respectfully yours, 
 
 F. E. Spinner, 
 
 Treas. U. S. 
 Col. Henry Page, 
 
 Treasurer of tlie State of Arkansas, 
 LiTTLB Rock, Abks. 
 
 Mr. T^YPERT moved that the communication be referred to a standing 
 committee, to be appointed, and to be known as the Committee on Federal 
 Relations. 
 
 Mr. HINDS moved, as a substitute, to refer the Report and accompany- 
 ing documents to the Committee on Finance, Taxation, Public Debt, and 
 Expenditures. 
 
 Mr. CTPERT argued that the motion of Mr. Hinds could not be con- 
 sidered as a substitute for his own. 
 
 The PRESroENT ruled that the substitute was in order, as it disposed 
 of a question before the Convention. 
 
 Mr. CTPERT then moved, as an amendment to the substitute, that the 
 consideration of the subject be postponed to Wednesday, January 15th. 
 
 The question was taken ; and, a division being called for, the amend- 
 ment was rejected, — Ayes 17, Noes 30. 
 
 The question was then taken on the substitute, to refer the Report to 
 the Committee on Finance, etc. ; and the substitute was adopted. 
 
 COMMITTEE ON FEDERAL RELATIONS. 
 
 Mr. CYPERT moved the appointment of a standing Committee on 
 Federal Relations. 
 
 The question was taken ; and the motion was agreed to. 
 
 ADJOURNMENT. 
 
 Mr. MONTGOMERY moved that the Convention adjourn. 
 The question was taken ; and the motion was not agreed to. 
 
 (87) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Adoption of the Constitution of 1864.— HINDS— CYPEET. 
 
 ADOPTION OF THE CONSTITUTION OF 1864. 
 
 Mr. CYPERT offered the following Ordinance, which was read a first 
 time: 
 
 AN ORDINANCE ADOPTING A CONSTITUTION. , 
 
 Whereas, during the late Eebellion, at a time when there was no organized 
 government in the State of Arkansas ib harmony with that of the United 
 States, Abraham Lincoln, President of the United States, issued his proclama- 
 tion, of date December 8th, 1863, for the formation of civil government in the 
 insurgent States, on a basis which should accord with the allegiance due to the 
 Government of the United States. 
 
 And whereas, under said proclamation, the present Constitution was founded 
 by loyal representatives of the people, and the same has proved to be gen- 
 erally acceptable to the people, was approved by President Lincoln, and has 
 since been recognized by every department of the General Government. 
 
 And whereas, the same is republican in form, and no material change in the 
 same is demanded at this time by the people whom we represent. 
 
 There/ore be it ordained by the Convention of the State of Arkansas, called in 
 pursuance of an Act of Congress, entitled "An Act for the more efficient government 
 of the Rebel States," passed March 2d, 1867 : That we do hereby cheerfully 
 adopt, as the Constitution of the State of Arkansas, in all respects the same 
 now in force, being that adopted on the 18th day of March, 1864; and that 
 the same shall be submitted to the people for their ratification. 
 
 Mr. HINDS moved that the Ordinance be referred to the Special Com- 
 mittee on the Penitentiary. 
 
 Mr. CYPERT said this was an attempt to ridicule a serious matter. 
 He had offered the Ordinance in good faith, and thought it a poor subject 
 for an attempt at wit. He believed that the course he proposed would 
 bring happiness and prosperity to the people. The Constitution of this 
 State had been agreed to by all the people; and under it the State was on 
 the highway to prosperity, when a department of the Government had 
 passed an act, the preamble of which, setting forth that these States were 
 in rebellion, was a ridiculous falsehood. The Government of the State of 
 Arkansas had been pronounced republican by Abraham Lincoln the 
 "sainted martyr;" it had been framed by honest, loyal men; and'now 
 the attempt was made, by men who have no interest in the State of 
 Arkansas— the can't stay-at-homes elsewhere— to set that Government 
 aside. Three years only have elapsed since its establishment; and now 
 under the inspiration of a revolutionary political party, which sends its 
 orders to the club-room at Little Rock, "the calf must be licked again-" 
 and this Constitution, framed by loyal men, is to be set aside in the 
 name of " loyalty." ' 
 
 The Congress had perjured itself by legislating outside of the Constitu- 
 ( 88 ) 
 
Jan. 13th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [6th Daj'. 
 Adoption of the Constitution of 1864.— CYPEET— BKOOKS— GEEY. 
 
 tion; and the members of this Convention, having sworn but lately to 
 support that Constitution, could not conform to the demand. The highest 
 judicial authority in the land has decided that the negro cannot be a citi- 
 zen. If these military governments, and the arbitrary measures of Con- 
 gress, were designed to punish rebels, they were unconstitutional, as that 
 must be done according to law. He claimed to be a friend of the negro; 
 he had been a Bureau agent for a while, and had always been desirous of 
 advancing the interests of this unfortunate race. He saw a member [Mr. 
 Brooks] smile sneeringly at him when he made this assertion of friend- 
 ship. The member could afford to sneer; for when trouble should come 
 upon the State, he could take his carpet-sack and go back to Iowa, whence 
 he came. For himself, his destiny was with Arkansas ; and he could not 
 take up his carpet-sack and leave, if the country should be ruined by 
 Radicalism, as he firmly believed it would be. He had been in the South 
 all his life. He knew the negro in all his attributes. That their people 
 were now misled, he appealed to the negro members present. 
 
 Mr. BROOKS interrupted, to rise to a point of order. It was dis- 
 respectful to style gentlemen of the Convention, negroes. 
 
 Mr. GrRET, of Phillips, said he took no objections to the appellation. 
 His race was closely allied to the race which built the great Pyramids of 
 Egypt, where slept the remains -of those whose learning had taught Solon 
 and Lycurgus to frame the systems of their laws, and to whom the present 
 ages are indebted for the hints of art and knowledge. 
 
 A point of order having been raised as to the propriety of a phrase in 
 which Mr. Cypbrt, in his remarks, had referred to Mr. G-rey, of Phillips, 
 
 The PRESIDEJ^T ruled that when there were two or more members of 
 the Convention from the same county, they should be addressed, respec- 
 tively, as Mr. , from County. 
 
 Mr. CYPERT resumed. — He had intended no disrespect; and if any 
 had been shown, he was willing to retract it. He entertained respect for 
 the member in question, and would treat him with all the courtesy due 
 their comparative positions in society. He had spoken of him as a negro, 
 because he was such. He would yield to the rules of the body. 
 
 He continued : There were many gentlemen present with whom he had 
 long been associated; he knew they must admit his sincerity. Seven 
 years ago, from the same place, he had portrayed the ruin and desolation 
 which must follow secession ; he had done all in his power to avert that 
 fatal step, but the effort had failed : with the same foresight he felt assured 
 that desolation and ruin must follow the rule of Radicalism. He dis- 
 claimed any wish to cause aggravation to members of the Convention, or 
 to seek personal controversy with any one. He had been denounced by 
 gentlemen on the other side of the house, as a political trickster; but all 
 
 (89 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Adoption of the Constitution of 1864.— OTPEET. 
 
 that he had said or done, was done with the view of endeavoring to render 
 respectable the proceedings of the body. He would appeal to the Arkansas 
 men in the Convention, to put themselves right upon the record, against 
 any change in a form of government which suited the people. The pres- 
 ent Constitution of Arkansas was as republican as that of Ohio. If this 
 was no legal government, by what authority did the gentleman from 
 Pulaski [Mr. Hodges] keep prisoners confined in the Penitentiary? He 
 appealed to that gentleman to say whether he had not prospered under 
 that Constitution. Was the contract for the labor of the prisoners in the 
 Penitentiary, made by an illegal Legislature, acting under a constitution 
 null and void ? Under that Constitution, men had been arrested for crime, 
 had been held, tried, acquitted or condemned. Under that Constitution 
 Arkansas was a State, and had, within her own borders, exercised all the 
 prerogatives of a State. It had been so recognized by the United States. 
 The writs issued by the United States Marshal of the District are therein 
 recited to be issued in the State of Arkansas. The Congress of the 
 United States has recognized Arkansas as a State, in declaring it to con- 
 stitute a portion of a judicial circuit. Why, then, set to work to frame a 
 constitution not in consonance with the Constitution of the Unied States, 
 but with the demand of Congress alone, — a demand unauthorized by that 
 instrument, and made in violation of its provisions ? 
 
 A gentleman [Mr. Hinds] had attempted to make a mere trifle of the 
 present proposed Ordinance, by referring it to the Committee on the 
 Penitentiary; but to turn into ridicule that which appeals to the con- 
 science of men, would not always do, as gentlemen might yet live to 
 learn. He trusted that gentleman did not aspire to be the stirrer up of 
 strife in.the Convention. He wished to see the Convention place itself 
 upon the record, on this question. He asked the gentleman to with- 
 draw the motion for the reference, and that the Ordinance might be dis- 
 posed of directly, by its adoption or rejection. Let gentlemen meet this 
 serious question seriously and fairly'; let ridicule, and jeers, and spite, be 
 laid aside ; and let members come up and squarely meet the issue. 
 
 Under the present Constitution, every, department of the State Govern- 
 ment had prospered, yet Arkansas to-day presented the strange anomaly 
 of a recognized State, controlled by military force. Was this republican ? 
 Was there any present rebellion ? Did armed opposition to the Govern- 
 ment exist in any county of the State ? White County, which had been 
 one of the most rebellious in Arkansas, was to-day the strong and earnest 
 supporter of the mtional Government. The Sheriff of the County was 
 a staunch Union man; a man, too, as highly and universally respected as 
 any man within the County limits. 
 
 The people desired to remain under a State Government which they 
 knew something about. He appealed to the Convention not to force upon 
 (90) 
 
Jan. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 Adoption of the Constitution of 1864.— CTPBET— M0NT60MEEY— GKEY. 
 
 the State a measure which the people of Ohio, of Kansas, of Minnesota, 
 had rejected. He was willing to live under the same laws as the people 
 of the ISTorth. The Constitution of Arkansas was closely similar'to that 
 of Ohio — let her have that Constitution. 
 
 Mr. MONTGOMERY.— The gentleman from Tennessee is out of order. 
 He will please confine himself to the subject.- 
 
 Mr. CYPERT replied, that he had been a citizen of Arkansas for 
 seventeen years; and that h^ came hither from Tennessee, not as a 
 soldier, but as a matter of choice, here to make his home. He had com- 
 mitted no crime, and done no act, which would prevent his return to Ten- 
 nessee, or his recognition there, by his former neighbors, as a gentleman. 
 It was because he had a. family here, and must be identified with the future 
 of Arkansas, that he was solicitous as to the form of government which 
 she was to have. 
 
 He was glad that the rebellion had been crushed. He was glad that 
 the negro was free. But while he would have the negroes, protected, as 
 they now are by law, in all their just rights, he could never consent to see 
 them entrusted with the elective franchise, and made the rulers of white 
 men. The negro had his rights guarded as sacredly as the whites. The 
 elective franchise was not a universal right, but a class right. For God's 
 sake let it so continue. That it should thus remain, the l^orth has decided, 
 for itself. Let us do so here. Congress has no power to compel us to do 
 otherwise. 
 
 He repeated the request that the Convention would meet the question 
 squarely. 
 
 Mr. GREY, of Phillips, said, in substance : 
 
 I must confess my surprise at the action of the gentleman from White 
 County [Mr. Cypert]. I am here as the representative of a portion 
 of the citizens of Arkansas, whose rights are not secured by the Ordinance 
 offered by the gentleman from White, — men, sir, who have stood by the 
 Government and the old flag in times of trouble, when the republic 
 trembled with the throes of civil war, from centre to circumference, from 
 base to cope. From this and other considerations we are here not to ask 
 charity at the hands of this honorable body, but to receive at the hands of 
 the people of Arkansas, in Convention assembled, the apportionment of 
 our rights, as assigned by the Reconstruction Acts of Congress. I am 
 here, sir, to see those rights of citizenship engrafted upon the organic law 
 of this State. The gentleman from White does not seem to recognize the 
 fact that the present Constitution is not in accordance with the Constitution 
 of the United States, guaranteeing to each State a republican form of 
 government. The gentleman from White says the negro cannot become 
 a citizen. The fact is patent, that we have exercised the rights of citizen- 
 ship, under the Constitution, in all the States except South Carolina, and 
 
 ( 91 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Adoption of the Constitution of 1864.— GBEY. 
 
 that we voted for that time-honored instrument — the Federal Constitution, 
 — by voting for the men that ratified it. As free men we were not denied 
 the right of suffrage under the State laws, on account of color. It seems 
 as though the gentleman has read the history of our country to little pur- 
 pose, or at least not as I have. Some of the States retained their original 
 charters under the Articlea of Confederation, and under those charters 
 became members of the United States Grovernment. Justice Curtis, in his 
 opinion delivered upon the opinion of Chief Justice Taney, in the Dred 
 Scott case [I take the following extract from Greeley's American Conflict, 
 for want of original document]',^ says : 
 
 " To determine whether any free persons, descended from Africans held in 
 slavery, were citizens of the United States under the Confederation, and, con- 
 sequently, at the time of the adoption of the Constitution of the United States, 
 it is only necessary to know whether such persons were citizens of either of 
 the States under the Confederation, at the time of the adoption of the Consti- 
 tution. Of this there can be no doubt. At the time of the ratification of the 
 Articles of Confederation, all free, native-born inhabitants of the States of New 
 Hampshire, Massachusetts, New York, New Jersey, and North Carohna, though 
 descendants from African slaves, were not only citizens of those States, but 
 such of them as had the other necessary qualifications possessed the franchise 
 of electors on equal terms with other citizens." 
 
 Before the Revolution, all native-born free persons were British subjects, 
 and hence citizens, as the British Government did not base allegiance or 
 citizenship on color or complexion. Hence we passed from British subjects 
 to Amei'ican citizens, without changing our relative status as to citizenship. 
 
 This, I think, disposes of the assertion that we cannot be citizens under 
 the Constitution ; but, sir, I claim that it is ours, not only on Constitutional 
 grounds, according to the rulings of distinguished and incorruptible Ameri- 
 can jurists, but ours by right of purchase on the numerous battle-fields of 
 our country; it is ours because, from the Revolution down to and through 
 the Rebellion, we have stood unswervingly by our country and the flag. "" 
 We fought for liberty. That liberty cannot be secured to us without the 
 right of suffrage. .The Government owes the debt, acknowledges it, and 
 apportions it out among the several States. We are here, sir to receive 
 the amount due us from the State of Arkansas. Pay us, sir, the rights 
 and privileges due us as citizens of the United States and the State of 
 Arkansas, and we are content. 
 
 The Constitution of t|ie State of Arkansas— which the gentleman wished 
 adopted, as suitable to the condition of the people of Arkansas— does not 
 even permit negroes, niulattoes, etc., to come within the limits of the 
 State, except by military authority. Under that clause, every free person 
 of color would be immediately driven out, on the removal of the military 
 (92) 
 
Jan. 13th.] ARKANSAS C0N"STITUTI01irAL CONVENTIOlSr. [6th Day. 
 Adoption of the Constitution of 1864.— GEET. 
 
 The gentleman wishes to call the yeas and nays. I am ready and willing 
 to meet the issue. 
 
 Again, the gentleman denies us the right of suffrage, on the ground of 
 our ignorance. Why, sir, every negro vote registered in this State I can 
 duplicate with the vot§ of a white man that can neither read nor write ; 
 and still we are charged with ignorance. I do not deny it, but we are not 
 isolated in that respect. If these men can vote, I see no injustice in per- 
 mitting us to vote also. And in this connection, I would say that the 
 colored people of this State met in convention, in this city, in 1865, for the 
 purpose of considering their condition and prospects, and then asked simply 
 for the most remote recognition of their lights, but it was unheeded. I 
 then said that I had an unshaken confidence in the eventual justice of the 
 American people. Since then we have crossed the Rubicon, as a nation, 
 and cannot recede if we would. But, sir, for the purpose of showing that 
 we are not the only ignorant people in this country, I will read a few 
 extracts from a speech of Judge Kelley, delivered in the House of Repre- 
 sentatives, January 31st, 1866. He takes the following extract from an 
 address delivered by Governor Hammond, before the South Carolina 
 Institute, in 1850. Said he : 
 
 " They" [speaking of the poor class of whites] "obtain a precarious subsist- 
 ence by occasional jobs, by hunting, by fishing, by plundering fields or folds, 
 and too often by what is, in its effects, far worse — trading with slaves, and 
 seducing them to plunder for their benefit." 
 
 "William Gregg, Esq., addressing the same Institute, in 1851, said : 
 
 " Prom the best estimate that I have been able to make, I put down the 
 white people, who ought 'to work, and who do not, or who are so employed as 
 to be wholly unproductive to the State, at one hundred and twenty -five 
 thousand." 
 
 The Hon. J. H. Lumpkin, of Georgia, in a paper on the industrial 
 regeneration of the South, published in 1852, used the followmg language 
 in relation to this class of citizens. He said : 
 
 " But I am by no means ready to concede that our poor, degraded, half fed, 
 half clothed and ignorant population, without Sabbath schools or any other 
 kind of instruction, mental or moral, or without any just appreciation of char- 
 acter, will be injured by giving them employment which will bring them under 
 the oversight of employers, who will inspire them with self-respect, by taking 
 an interest in their welfare." j 
 
 Now, sir, I ask the honorable members of this body if we cannot exer- 
 cise the rights of franchise as intelligently as these men. What advantage 
 
 (93) 
 
1868.] DEBATES AND PEOOEEDINGS OF THE [Monday, 
 
 Adoption of the Constitution of 1864.— GEEY. 
 
 have they over us ? Surely not that of intelligence, which the gentleman 
 claims. We are ignorant, it is true, but not alone in that ignorance. 
 And if, as Jefterson, I think, says, a man's ignorance is no measure of his 
 rights, — admitting the fact, that does not constitute a reason why we should 
 not receive what is ours by right, both natural and acquired; unless, 
 indeed, we proceed upon the principles established by Mr. Helper,— that 
 we have no right to interfere in the affairs of this country, either public or 
 private, because, as he says, we did not come to -this country of our own 
 free will, but came hatless, shoeless, coatless, shirtless, and virtueless, — 
 that we paid no money or precious stones, etc., for our passage. Grant the 
 argument. When we look over the broad expanse of this great country, 
 we can but admit that we have borrowed largely, almost to the despoil- 
 ing of our neighbors, not only of the outward signs of civilization, but 
 the virtues of manhood and womanhood, and even the best blood that 
 flows in their veins. Can any one doubt that we have borrowed thus 
 largely', even in a moral point of view. Let him refer to the frequency 
 of men being found with oaths in their pockets, solemnly sustaining both 
 sides of the recent great struggle. What a depth of moral depravity! 
 " 0, Tell it not in Gath, publish it not in the streets of Askelon !" 
 
 These gentlemen tell us that they are willing to give us our rights in 
 the courts. I would respectfully decline the offer, on the ground that the 
 leading men of the South have failed to maintain the rights of the poorer 
 masses of the white people. Who can doubt that ignorance led them into 
 the rebellion against their Government, which had provided means to 
 educate and enlighten them ? But their leading men failed to secure to 
 them those rights and privileges. The gentleman should remember that 
 we only ask those rights and privileges pertaining to American citizen- 
 ship. Under the opinion of Attorney-General Bates, having been born in 
 this country, we are citizens of this country. This is our home. Here 
 where we have suffered, where we have reared our children, and where lie 
 the bones of our fathers — here where the whitened bones of forty thousand 
 slain attest our affection for our home and country — here, sir, will we re- 
 main, and continue to ask for those rights and privileges that are ours, by 
 every means that man can use, — by patient fidelity and patriotic heroism. 
 
 We are told that a republican form of government must rest upon the 
 intelligence and virtue of the masses, and that we have not those qualifi- 
 cations. They are qualities that are at least susceptible of improvement 
 in other races of men, and not largely displayed when the Huns, Vandals, 
 and other tribes were laying waste the fair fields of Italy, or when the 
 Danes and IS'ormans were making sad havoc of your ancestral estates. 
 Our condition would compare favorably with that of England, as described 
 by Macaulay, at the time of the conquest of the island by the legions of 
 Caesar; when, he says, the condition of the people was little better than 
 (94) 
 
Jan. 13th.] AEKANSAS COlSTSTITUTIOlSrAL CONVENTION. [6tli Da^. 
 Adoption of the Constitution of 1864.— G-EBT. 
 
 that of the Sandwich Islanders. We are not far behind those who sold 
 civilized women, along the banks of the James, for two hundred pounds 
 of tobacco, or less. iN'or has our intelligence, even in a barbarous state, 
 been much below the level of those who ate the acorns falling from the 
 lofty oaks of Dodona, and worshipped the tree from which they fell. The 
 Saxon civilization of the nineteenth century is the product of eight hun- 
 dred years ; and with this start ahead, with all the wealth, intelligence, 
 and power, and prestige of this great Government, men pretend to believe 
 that they are afraid of negro domination, — afraid that four millions of 
 negroes, scattered over this vast country, will rule thirty millions of intel- 
 ligent white people! They cannot believe it. They are endeavoring to 
 work on the prejudice of the masses, to produce outrage and bloodshed, 
 and, if possible, what they pretend to deprecate, a war of races. But, sir, 
 this I do not fear, so long as we are led by the best minds of the nation, 
 and count in our ranks those distinguished men, of both sections, whose 
 gleaming swords were seen flashing on many a skirmish line,- and in the 
 smoke of battle. 
 
 The gentleman says that, by the decision of the highest judicial tribu- 
 nal, we are not citizens. That decision, sir, travelled outside of the Con- 
 stitution, outside of American history, outside of the precincts of the 
 courts ; and hence I regard Chief Justice Taney as the American Jeffries. 
 Could I afford to trust my dearest rights in the hands of men who hold 
 up such a decision as the measure of my rights, and at the same time pro- 
 fess to be my best friends ? I beg respectfully to decline such friendship ! 
 Men who are willing to consign us to a system of peonage worse than 
 slavery, a system that strips us of every right or privilege, and turns us, 
 bound hand and foot, over to the tender mercies of mob law. Under a 
 decision of the Supreme Court, that says " negroes have no rights that 
 white men are bound to respect," and with a knowledge of this fact, the 
 gentleman claims to be my " best friend," and says that he is willing that 
 I should be. protected in my rights. Why, sir, we made a great mistake 
 in being represented by proxy when the Constitution was framed. "We 
 propose to remedy that mistake, in reorganizing this State Government, 
 by being present in propria persona; and then when the question shall 
 arise as to the definition of " we, the people," look on the votes of the 
 Convention framing the instrument, and you will find the name of " Grey 
 (negro), from Phillips," and that will solve the problem at once. You 
 need not fear negro domination. Give us our rights as citizens before the 
 law, the right of trial by a jury of our peers, — admit us into the sanctum 
 sanctorum of justice — the jury box, — ^give us a fair show in the courts. 
 The idea of giving a negro justice, in a court where the judge has sucked 
 the milk of prejudice from his mother's breast, where the lawyers, though 
 they may be :^he most thorough radicals extant, honestly believe me im- 
 
 ( 95 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Monday, 
 
 Adoption of the Constitution of 1864.— GEEY. 
 
 measurably their inferiors, and the jurors there assembled are imbued 
 with the animus of a majority of the court in the case of Dred Scott, and 
 ,do not believe that I have any right to be protected from the encroach- 
 ments of that class looked upon as my superiors ! Give us the right of 
 suffrage; establish a school system that will give us opportunities to edu- 
 cate our children; leave ajar the door that leads to peace and power; and 
 if by the next generation we do not place ourselves beyond the reach of 
 mortal man, why, then take them away from us if not exercised properly. 
 But, sir, we have no fears of failing to secure those rights. We may be 
 weak within ourselves, but liberty and justice must eventually prevail. 
 
 " Truth, crushed to earth, will rise again. 
 The eternal years of God are hers." 
 
 This movement may be retarded, but cannot be rolled back upon itself. 
 "We may wait and suffel- ; but the time cannot be far distant when we shall 
 rise, phcenix-like, from our ashes, to the full development of manhood 
 rights. There can be nothing gained by delay, for the struggle will go 
 on until those rights are secured to us. Man cannot prevent, for God has 
 written it in burning characters across the pages of American history — 
 emblazoned it as upon a sign-board, and hung it on the brows of the 
 Rocky Mountains, — " This is the asylum for the oppressed of all nations 
 and all peoples." This is according to the original contract, drawn up by 
 the patriotic men of the Revolution ; and I believe they were honest, when 
 they declared that " all men are created equal." I believe the hand of an 
 angel guided the pen that wrote those words, and that they were recorded 
 in heaven. God intends you shall keep the original contract. The acting 
 in bad faith, by the children of those good men, has cost the country a 
 million lives — the flower of the land, — and untold sums of wealth. I 
 believe He intends to demand its fulfilment now ; and I plant myself upon 
 the Declaration of Independence and the Constitution, as defined by the 
 framers of those documents and expounded by the leading men of that 
 period, and claim that they secure me my rights, if honestly and faithfully 
 executed. 
 
 Settle once and forever the question of human rights, by giving us 
 equality before the law. Then, and not till then,' will peace come to our 
 borders. Until that is done, capital will not seek investment within our 
 limits, nor will immigration flow to a State that continues to oppress and 
 crush the laborer. Arkansas has tried it for thirty years, and she is still, 
 comparatively, a vast forest. With an extent of territory sufficient for an 
 empire, stretching from Missouri on the north to Louisiana and Texas on 
 the south, from the Cherokee Territory on the west to where her eastern 
 front looks out upon the Father of Waters ; with internal streams suffi- 
 ciently navigable to bear the commerce of an empire to thv/ sea; she has 
 (96 ) 
 
Jan. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [6th Day. 
 Adoption of the Constitution of 1864.— GKEY. 
 
 beeu thirty years a State, and '"has not a railroad worth the name, no 
 means of intercommunication except that employed in a bygone age, — 
 not a respectable school-house, — and her primeval forests still keep silent 
 gnard along her watercourses. And why ? Because her soil was dese- 
 crated by slavery. It was here this Moloch of the nineteenth century 
 reared his altars and sacrificed his human victims. God has removed the 
 idol and shattered the altars; and those that opposed it, like the devotees 
 that threw themselves before the Hindoo car of Juggernaut, will be 
 crushed beneath the progress of the age. With a salubrious climate, a 
 soil whose fertility is unsurpassed, there is nothing needed but a govern- 
 ment irrevocably committed to freedom and universal liberty, and all will 
 be well. We have given an undeniable proof of our intelligent use of 
 the franchise, by voting solid, en masse, for the men that stand by our 
 rights ; and that, too, in the face of having the very bread taken from 
 the mouths of our wives and 'children, and in opposition to the weight of 
 wealth and intelligence thrown in the scale against us. And at this late 
 day is it possible to find a gentleman who will deny representation to one 
 hundred and eleven thousand of the people of Arkansas? 
 
 I belong, perhaps, to the class of adventurers spoken of. Born in old 
 Virginia, I came to Arkansas believing that under that clause in the Con- 
 stitution of the United States that guarantees to the citizens of each State 
 the rights, privileges, and immunities of the citizens of the several States, 
 I have about as much right here as anybody else; and besides this, I re- 
 garded the State of Arkansas as a sort of common property, being a part 
 of the Louisiana purchase, for which the people of these United States 
 paid some fifteen millions of money. ISTow, sir, I think it no great tres- 
 pass to adventure upon common territory. The gentleman would, doubt- 
 less, have objected to the Saviour, on the ground of his not having possessed 
 worldly wealth, or his failure to locate a farm somewhere within the land 
 of Judea. 
 
 The gentleman need not fear but the negro will vote for his rights all 
 the time. We have everything at stake that makes life a blessing ; and 
 we can only vote for those men who will nail negro suifrage to their mast- 
 heads ; and wherever we see their white plumes advancing in the smoke 
 of this political contest, we will follow in a solid phalanx. I have no 
 antipathy against the white people of this country, and am not surprised 
 at th'eir strenuous opposition. History repeats itself: they have been as 
 hard on men of their own race, when struggling for their own freedom. 
 The noblesse of England, — the cavaliers, — had as little use for the clouted 
 yeomanry and puritanic followers of Cromwell, as these gentlemen have 
 for us. But time has a softening influence on all human prejudices. I am 
 willing to forget the past, and to wrap the winding-sheet of oblivion over 
 the sod that contains the bones of my wronged and oppressed ancestors, 
 
 7 ( 97 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— GEET. 
 
 for two hundred and fifty years. O, disturb not the sacred sarcophagus 
 that contains the bitter, bitter memories of the past; — we await the Judg- 
 ment Day. Give us the franchise, the right to protect ourselves, our wives, 
 and children, and we are content. We are warned of the reaction in the 
 E'orth. I think, sir, if the question of negro suffrage had been stripped 
 of deserters' bills, woman suffrage, and everything that could be found 
 that was unpopular, it would have been adopted ; and even carrying this 
 weight, we obtained the largest vote, upon the subject, ever polled in Ohio. 
 But, at the same time, I do not blame the people of the liJ'orth for reject- 
 ing it. It was their proposition to the South, and we had no right to place 
 them in the position of the conquered, instead of the conquerors. Strip 
 the question of all outside issues; let the people know that we do not wish 
 white men to make themselves the pedestals upon which to place black 
 statues, or to elevate the negro into office. We desire simply the means 
 and incentives to industry and education. We will carry them triumph- 
 antly from the snow-capped hills of 'New England, to where the dark- 
 eyed daughters of the sunny South bathe their tiny feet in the tepid waters 
 of the Gulf of Mexico. 
 
 Mr. BKOOKS obtained the floor, and said he would move an ad- 
 journment, with the understanding that he would be allowed the floor 
 to-morrow morning. He moved to adjourn. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 1, p.m., the Convention adjourned to 10, a.m., of 
 Tuesday, January 14th. 
 
 y 
 
 SEVENTH DAY.* 
 
 Tuesday, January Uth, 1868. 
 Convention met at 10, a.m. 
 
 In the continued absence of the Chaplain, and on invitation by the 
 President, prayer was offered by the Rev. Mr. Bbaslet, delegate from 
 Columbia. 
 
 The roll was called, and a quorum of the members of the'Convention 
 answered to their names. 
 
 The Journal of yesterday was read and approved. 
 
 * The stenographic report of the debates of the Convention commences with the proceed- 
 ings of this day. 
 
 ( 98 ) 
 
Jan. 14th.] ARKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BROOKS. 
 
 APPOINTMENT OF COMMITTEE ON FEDERAL RELATIONS. 
 
 The PRESIDENT announced the Standing Committee on Federal Rela- 
 tions, as follows: Messrs. Hodges, of Crittenden, Cypert, Hutchinson, 
 MuRPHT, Snyder, Scott, and Hodges, of Pulaski. 
 
 adoption of The constitution of 1864 — RESUMED. 
 
 The unfinished business, first in order, M^as the consideration of the 
 motion to refer to the Committee on the Penitentiary the following Ordi- 
 nance : 
 
 Whereas, during the late Eebellion, at a time when there was no organized 
 government in the State of Arkansas in harmony with that of the United 
 States, Abraham Lincoln, President of the United States, issued his proclama- 
 tion, of date December 8th, 1863, for the formation of civil government in the 
 insurgent States, on a basis which should accord with the allegiance due to the 
 Government of the United States., 
 
 And whereas, under-said proclamation, the present Constitution was founded 
 by loyal representatives of the people, and the same has proved to be gen- 
 erally acceptable to the people, was approved by President Lincoln, and has 
 since been recognized by every department of the General Government. 
 
 And whereas, the same is republican in form, and no material change in the 
 same is demanded at this time bj' the people whom we represent. 
 
 Therefore he it ordained, by the Convention of the State of Arkansas, called in 
 pursuance of an act of Congress, entitled " An Act for the more efficient government 
 of the Bebel States," passed March 2d, 1867, that we do hereby cheerfully adopt 
 as the Constitution of the State of Arkansas, in all respects the same now in 
 force, being that adopted on the 18th day of March, 1864; and that the same 
 shall be submitted to the people for their ratification. 
 
 Mr. BROOKS. I hope it may not be understood that I have any formal, 
 set speech to deliver, upon the proposition pending before the Convention. 
 Yet, as I did make a few passing notes of the remarks of the honorable 
 gentleman from "White [Mr. Cypert], yesterday, I have thought it might 
 not be amiss, very briefly to call attention, by way of review, to some of 
 the points presented by him. I hope I shall be excused from reciprocat- 
 ing the epithets which might, perhaps, be properly characterized as Bil- 
 lingsgate, that have come from the other side of the hall. Such epithets, 
 applied to honorable members of this Convention, and to members of the 
 Congress of the United States, as " factious," "loafers," " carpet-sack gen- 
 tlemen," " interlopers," " perjurers," " fools," and " liars," do not consti- 
 tute the staple of argument 
 
 ( 99) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— CYPEET— BROOKS. 
 
 Mr. CYPEET. If the gentleman attributes to me the use of the epithet 
 " liar," applied to any member of this Convention, I wish him to correct 
 that. 
 
 Mr. BEOOKS. I do not know to whom the honorable gentleman has 
 alluded; but the terms he employed I made note of at the time, that 
 there might be no mistake, whatever, in respect to his precise language. 
 Those epithets, I was about to say, sir, do not constitute the staple of 
 argument, or the style of rhetoric, we desire to employ in the great 
 work before us, of framing the organic law df the State of Arkansas, 
 under the provisions of the enactments of the Congress of the United 
 States. If, sir, we cannot sustain our position, and carry through the 
 objects of our Convention, without condescending to such a style of re- 
 mark, and without evincing such taste — such a want of the common cour- 
 tesies of civilization, — why, then, sir, we respectfully desire just to be per- 
 mitted to bow ourselves out of the capitol — whether we choose to bow 
 ourselves out of the State or not — and surrender the contest. 
 
 This style of treating the subject of reconstruction, of the reorganization 
 of civil government here, under the protection of the flag of the Union, 
 and the enactments of the loyal Congress of the United States, is not 
 peculiar to the honorable gentleman, but is characteristic of that element 
 of society in Arkansas which he has the honor to represent here. In this 
 morning's issue— I believe it was — of the official organ of the party which 
 he represents, in part, upon this floor, is language of -this character— and 
 it is such language as that class of papers is accustomed to employ ever 
 since the assembling of this Constitutional Convention. 
 
 " The bastard collocation whose putridity stinks in the nostrils of all de- 
 cency, now in session in the capitol, has very conceited ideas of its importance 
 and pretentious opinions of the scope of its powers." 
 
 Again : 
 
 "As a matter of some trifling interest to those who have not witnessed the 
 exhibition of the menagerie, we would state that the negro members, eight in 
 number, occupy seats on the western side of the Hall of Eepresentatives." 
 
 And a few days since, at or near the time of the opening of this Con- 
 vention—the assembling of these honorable gentlemen from all parts of 
 the State— of all shades of opinion, I suppose,— the same organ, speaking, 
 of course, for the party,-reflecting, unquestionably, the sentiments, prin- > 
 ciples, and habits of the party,— made use of similar language to this ' 
 characterizing the honorable members of this body as a "menagerie" of 
 animals, and a select few, to the number of fifteen, as " gentlemen"— (7m- •> 
 f 100 1 ' ^ j 
 
Jan. 14th. J ARKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BKOOKS— CTPBRT— BEADLEY. 
 
 tlemen, emphatically, — who had devolved upon them the painful task of 
 wrestling, not with beasts at Ephesus, as one of old, but with a "mongrel 
 menagerie" of wandering wild beasts, collected together here as a sort of 
 monkey-show for the entertainment of the respectables of Arkansas! 
 
 I am pained, sir, to feel called upon to notice these things, and should 
 not have gone outside this Convention merely to remark upon anything 
 of the sort that might appear in the public prints ; but when an honorable 
 member of this body, upon this floor, can imitate, or recite as a school- 
 boy his lesson, this kind of systematic slang, and fish-market abuse of gen- 
 tlemen representing as respectable a constituency as he himself, I think 
 we are at least .justified in calling public attention to the tone which his 
 party has seen fit to adopt. 
 
 Mr. CYPERT. I very much dislike to interrupt the gentleman ; but 
 he attributes to me, by way of innuendo, language that will go out to the 
 world as though I had really employed it. I now deny having applied 
 any epithet to any gentleman of this Convention, or used any language 
 implying that he was a dishonorable man in any way whatever. I did 
 use the word "falsehood" in regard to the preamble prefixed by Congress 
 to the Eeconstruction Act. That I did say. It is a falsehood. That is 
 the only instance in M^hich I recollect using the word "lie," or "false- 
 hood," in any way. I certainly did not use it in any manner applicable 
 to any member of this Convention. Wor did I use any such language as 
 is contained in the paper from which the gentleman has read, or any that 
 could possibly be considered as bearing such a construction. 
 
 Mr. BROOKS. "With the single exbeption of a glaring instance of de- 
 parture from the rules of the Convention, where a personal indignity 
 was ofl[:ered to some of our colleagues here, it has not been attempted 
 to hold the gentleman strictly to order. We are perfectly willing he 
 should have the largest opportunity — the widest latitude, — so far as we 
 are concerned. He has full opportunity to interrupt at-his pleasure. But 
 the words I have cited from the honorable n/ember's speech were quo- 
 tations made verbatim, and unquestionably remembered by every gentleman 
 in the Convention and among th§ spectators, who was paying attention 
 to the language at the time. What I read from the newspaper is of a 
 piece. 
 
 Mr. CYPER.T. If the gentleman intends to persist in that assertion, I 
 must denounce it as false. 
 
 Mr. BROOKS. It would be well for the gentleman at least to control 
 his temper. I simply say it is of a piece. I do not say the gentleman 
 quoted the precise language, but that it is characteristic of the gentleman's 
 style, and of those whom he represents throughout the State and country, 
 as every honorable gentleman very well knows. 
 
 Mr. BRADLEY. I do seriously protest against gentlemen preferring 
 
 ( 101 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BROOKS. 
 
 such accusations here against the citizens of this State. If the gentleman 
 desires to criticize the language or sentiments of individuals on this floor 
 or elsewhere, I have no objection to make ; but I do enter my solemn 
 protest against such reflections upon the character of the citizens of my 
 own State. 
 
 The PRESIDENT. TheChair would observe that this question is open 
 to discussion ; and when the gentleman from Phillips shall have finished 
 his remarks, other gentlemen will have ample opportunity to answer. 
 
 Mr. BROOKS. We present no reflections with regard to the citizens 
 of the State. We simply set forth a notorious fact, that there is a certain 
 class of gentlemen in the State of Arkansas, engaged in conducting 
 the press, and confronting the friends of reconstruction, upon the stump 
 and otherwise, who are in the habit of using language of the character of 
 that which I have quoted here this morning. And we allege that that 
 style — not of argument, but of denunciation and Billingsgate, has been 
 transferred to the floor of this Convention by an honorable representative. 
 That is all that has been stated. It is a notorious fact; and if a reflection, 
 I submit that it is such simply upon those who employ that kind of lan- 
 guage. 
 
 But I did not desire to occupy the valuable time of the Convention with 
 anything more than the simple recitation of a few choice extracts, for the 
 purpose of exhibiting the elegant diction employed in the process of dis- 
 cussion upon the question of reconstruction. The honorable member 
 brought forward, in his remarks of yesterday, the proposition that the 
 Convention, in order to the accomplishment of its work, should adopt the 
 existing Constitution of the State of Arkansas ; and he indulged in very 
 complimentary remarks respecting the existing Constitution, the Provis- 
 ional Government, and the officers administering that Government. We 
 rejoice, Mr. President, in the advancement made by our friends upon the 
 other side of this question. We remember, very distinctly, that but a 
 few months since, immediately after the surrender, when the loyal men 
 of Arkansas, under circumstances of trial and persecution unparalleled 
 in the history of this country, had inaugurated a form of civil government 
 here, this same class of gentlemen who are now enamoured of it, and who 
 are now so overwhelmed with admiration for the loyal Executive of this 
 Provisional Government of Arkansas, then denounced, in unmeasured 
 terms, this very Provisional Government, and these loyal men who, at the 
 risk of life, assembled at this capitol, and, almost at starvation's' point, 
 labored day and night to institute such a government for the State. These 
 gentlemen were accustomed— at least in our part of the State— toinveigh 
 against those men as traitors, to denounce them as vampires to proclaim 
 them a pack of thieves and robbers of the State of Arkansas, and to char- 
 acterize the Provisional Governnient as a humbug and a hoax These 
 
 ( 102 ) 
 
Jan. 14th.J AEKAI^SAS COISTSTITUTIONAL CONVBNTIOlSr. [7th Day. 
 Adoption of the Constitution of 1864.— BEOOKS— SNTDEE— CTPEKT. 
 
 gentlemen, immediately on their return from the rebel army, set about 
 overthrowing, by revolution, if they might not otherwise, this same Pro- 
 visional Government. 
 
 Mr. SiNTTDER [in his sea{]. They called a convention. 
 
 Mr. BEOOKS. They called a convention for the express purpose of 
 overthrowing this much-lauded State Government, and the loyal men who 
 had endeavored to administer it in a period of danger and strife. The 
 improvement in these gentlemen is no doubt attributable to their sub- 
 sequent associations. ]!:fo doubt whatever, having been brought in con- 
 tact with the loyal Government, they have come to a better mind. We 
 congratulate them, and the State, and the country at large ; and we hope, 
 as evil communications corrupt good manners, the counterpart of that text 
 is true, and trust ere long to hail them brothers beloved, as loyal men, 
 ready to sustain the flag and the interests of the country. 
 
 Mr. CYPERT. Will the gentleman allow me to interrupt him? 
 
 Mr. BROOKS. Certainly. 
 
 Mr. CYPERT. If the gentleman's remarks in regard to denunciation 
 of the State Government is intended to apply to any act or word of mine, 
 he is mistaken : for no word or act of mine can be brought up derogatory 
 to the Constitution of Arkansas, its Executive, or the State Government 
 under which he was elected. I deny ever having said or done anything 
 of the kind. 
 
 Mr. BROOKS. Oh ! the gentleman should not appropriate to himself, 
 personally, these remarks which I make of the party at large. [Laughter.] 
 It is at least modest to suppose they are shared by other gentlemen. 
 
 It was stated in the argument yesterday, sir, on behalf of the measure 
 proposed to the Convention, that the Provisional Government- of the State 
 had been recognized by every department of the General Government, 
 and was, therefore, obligatory upon us, of course ; and that, consequently, 
 in being here for the purpose of subverting or supplanting a civil govern- 
 ment thus recognized as a State government, de facto, by every department 
 of the General Government, we were revolutionists. These are the gen- 
 tleman's precise expressions : " Recognized by every department of the 
 General Government as a State government in fact, without qualification 
 or restriction." I submit, sir, that while the Provisional Government of 
 Arkansas, as every intelligent gentleman on this floor and in this country 
 knows, has been honored and cherished by every loyalist, of every class 
 and color, in the State, and by all of our friends throughout the country, 
 we have not claimed for it what the gentleman on the other side of the 
 hall claimed in his argument. That argument fails in one very essential 
 feature — the simple matter of fact. The Provisional Government of the 
 State of Arkansas has not been recognized by the Congress of the United 
 States, whatever may be said with respect to other departments. The 
 
 ( 103 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Tuesday, 
 
 Adoption of the Congtitution of 1864.— BROOKS. 
 
 legislative department of the General Government is supposed by many 
 to be at least competent, whether or not it be alone competent, to adjudi- 
 cate and determine this question of what is and what is not a State gov- 
 ernment, and, where disputes may arise between two such governments 
 claiming jurisdiction over the same territory, to decide which is and which 
 is not legitimate; and the belief of many well-informed men is, that Con- 
 gress is the rightful and proper arbiter of that question. I merely men- 
 tion the fact that that body, the Legislature of the United States, has not 
 recognized the Provisional Government ; and that the gentleman is, there- 
 fore, astray in his statement that that Government " has been recognized 
 without restriction or qualification by every department of the General 
 Government." 
 
 I was at a loss to understand how the honorable gentleman reconciled 
 his position here as a delegate in this Constitutional Convention — hi first 
 I was at a loss, after he had made this broad statement that, the Provis- 
 ional Government having been thus fully recognized", our position here 
 was the consequence of a revolutionary movement, and placed us in a 
 revolutionary attitude, to know how he reconciled these views with his 
 action in accepting a seat in a body called to subvert that only legitimate 
 government of the State. Certainly his course would seem somewhat 
 inconsistent to common-sense business men, who are accustomed to pro- 
 ceed in all ^things in a straightforward, business-like way, and not by 
 management and trickery. We should have supposed that, upon the 
 gentleman's ground, we could not feel it fitting for us, as honorable men, 
 to be sitting here in a revolutionary body, convened without authority of 
 law, and for the purpose of overthrowing a perfected, duly recognized, 
 and established State government ! But a littie reflection reconciled, in 
 my thoughts, the attitude assumed, with the doctrines professed, by the 
 gentleman. Two considerations suggested themselves. In the first place, 
 we should perhaps have felt embarrassed amid such surroundings; while 
 gentlemen whose previous habits have familiarized them with efforts to 
 overthrow, without authority of law, established State governments, have 
 very littie scruple in that direction— they can much more easily reconcile 
 their views of duty with such a position — a position "factional" and 
 " revolutionary" in its character, to use the gentieman's own terms. We 
 have been unaccustomed to efforts of that kind. But those who have 
 familiarized themselves to it, and whose habits have become conformed 
 to such courses of action, doubtiess find themselves quite free from any 
 such awkwardness. Again, there is another view of the subject on which 
 the gentieman favored us with some perspicuous reflections ;— recognising 
 his attitude, as a member of this body, as revolutionary, and without 
 authority of law, and acknowledging that he and his friends might not be 
 justified in taking their seats, but stating that they were here for the sake 
 
Jan. 14th.] AEKANSAS CONSTITUTIOlSrAL OONYBNTIOlSr. [Tth Day. 
 Adoption of the Constitution of 1864.— BEOOKS— YPEET. 
 
 of imparting to the menagerie a shade of respectability, — with no desire 
 to occupy a seat, except merely for the purpose of saving the body and 
 the State from utter ignominy and disgrace ; that they have engaged in 
 this work, not to assist in framing an organic law, conformably to the act 
 of Congress, and consistently with the interests of the people, but simply 
 to rescue the reputa,tion of the State from infamy, and in some measure 
 mitigate the disreputable character of the Coiivention ! We present our 
 grateful acknowledgments ! Sir, I submit that the position occupied by 
 the gentleman, with regard to the Act under which we are assembled, is 
 one incompatible, in our notion of the matter, with a high-minded, hon- 
 orable, statesmanlike view of the subject : for he holds that the very Act, 
 which is our authority* for assembling here, and for our proceedings from 
 day to day, is not only erroneous in principle, and without foundation in 
 law, but is based on a false assumption of fact — that, in short, the enact- 
 ment authorizing the call of the Convention, and its subsequent proceed- 
 ings, is, from beginning to end, one gigantic falsehood. 
 
 Mr. CYPERT. I will correct the gentleman, if he pleases. I said the 
 preamble to the Reconstruction Act was a stupendous falsehood — as great 
 a falsehood as ever was penned on so much paper. That is the language 
 I used. JSTothing but the preamble was alluded to. The gentleman will 
 recollect that I particularly specified the preamble as being a stupendous 
 falsehood. 
 
 Mr. BROOKS. We might have been saved this consumption of valua- 
 ble time, if we had simply had referred to our consideration the veto-mes- 
 sages and similar documents of the accidental President of the United 
 States. We should then have had the fact and argument in a much 
 more clear and forcible form, and divested of these low epithets which we 
 have received. I understand the gentleman. Of course, if the very open- 
 ing and foundation of the whole matter is a falsehood, that which follows 
 is false, and the whole thing is a humbug. That is the substance of the 
 gentleman's remarks. Of course, I did not follow him into all the details. 
 
 We were treated, Mr. President, to some interesting statements on 
 other matters. We were appealed to, to refrain from epithets. We were 
 exhorted, if I may so speak, not to call members traitors. Why, sir, I 
 submit that this advice was all gratuitous. We have not been in the habit 
 of calling men traitors. Since these gentlemen surrendered their arms, 
 suspended their military opposition to the Government, returned to their 
 homes, proposed to render obedience to the laws, — so far forth as my 
 information extends, at any rate, — we have not been accustomed to use such 
 epithets. I participated largely in the recent canvass in the eastern part 
 of the State — in the First, and, to some extent, in the Second Congres- 
 sional District. I never heard such terms employed by one solitary advo- 
 cate of reconstruction. I have read the newspapers upon this subject; I 
 
 ( 105 ) 
 
1868.] DEBATES AND PEOOBBDINGS OP THE [Tuesday^ 
 
 Adoption of the Constitution of 1864.— BROOKS. 
 
 am not aware of one single paragraph published by any newspaper in the 
 State, that has applied to respectable members of society and citizens of 
 the State, whatever may have been their previous position and career, any 
 such expressions. Tt is quite unnecessary for gentlemen to offer such 
 appeals ; we did not come here to bandy epithets ; we did not come here 
 to call names, or to make faces. I repeat, if we cannot do better, for our 
 constituents and ourselves, we would do well to remain at home, or to 
 return to previous places of I'esidence. As to sneers, to which allusiob 
 was made at the time, I have simply to say that, so far as I was concerned, 
 I made an earnest, honest, and persistent effort to obtain for the gentle- 
 man a respectable hearing ; and so, as far as I was able to observe, did the 
 otber members of the Convention. I certainly regretted, exceedingly, to 
 be compelled to change, in some degree, my previous estimate of honor- 
 able gentlemen — at least of the gentlemen opposed to us. It was utterly 
 impossible for me to suppress the emotion of contempt. Certainly, a large 
 portion of the harangue could inspire in the breasts of honorable and true 
 men — true to the flag and the country, true to the interests we are here 
 to represent — no other feeling but one of contempt. We will be par- 
 doned, therefore, I hope, for any apparent ill-breeding displayed in the 
 matter; we honestly tried to control our manners, and to suppress the 
 uprisings of our scorn and indignation. 
 
 But, sir, I do not desire to dwell longer upon these matters of explana- 
 tion, further than to notice a single remark. But for the position occupied 
 by the honorable gentleman, and apparently assigned to him, as the leader 
 of the Opposition, we might, perhaps, have passed the subject by. If the 
 language which he has used had appeared in some of the Opposition 
 journals, we should have paid no attention to it; but as it has been em- 
 ployed ill the course of the proceedings of this body, it may be held to 
 merit a passing notice, that a certain portion of the honorable members 
 of this Convention, are denounced as " carpet-sack gentlemen," and are 
 invited to return to their homes, and there to remain, and exhorted to 
 refrain from "coming down here" to assist these other gentlemen in 
 managing their affairs ! Why, sir, but for the surroundings here, that I 
 could not entirely cast off, I would have fancied, for a moment, that we 
 had gone back the space of a few years, and that we were actually having 
 our ears again saluted with the cry of '61— « Let us alone!"— "Let us 
 alone !"-" Do not interfere !-Do not disturb us ! Allow us to manage 
 these matters for ourselves ! • 'AH we want is, to be let alone !' " And 
 going back yet further, those familiar with sacred history will "remember 
 that the cry of '61 was but the reiteration of another, raised nearly two 
 thousand years ago, when certain ones said,— "We know thee who thou 
 art; let us alone!" No, sir, we proposed in '61,-acting in conformity 
 with the provisions of the Constitution, and under the powers conferred 
 
Jan. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BKOOKS. 
 
 on the Government of our common country, — if we could not by argu- 
 ment, if we could not by appeal, if we could not by fraternal influence 
 upon our part, induce, upon the part of recreant citizens of the United 
 States, a disposition to let the country and the Government alone, — then we pro- 
 posed to come down, if need be — a portion of us — and others, already 
 here, to stand up, at their homes, — and interfere with the proceedings of 
 that part of society, so far, and only so far, as was necessary to the pro- 
 tection and maintenance of the Grovernment of the United States, and the 
 honor of the old flag. And we have no hesitation in saying, to-day, in 
 response to that appeal, in the first place, that we are citizens, and fellow- 
 citizens — not aliens, not refugees, not " interlopers." We claim to be 
 your fellow-citizens ; we claim no superiority ; we are perfectly willing, 
 even with regard to honorable gentlemen of the State of Arkansas, on 
 this floor, who engaged in rebellion, — in a persistent, gigantic rebellion, 
 unparalleled in the history of government, to overthrow that of the United 
 States — we are willing, and ever since the hour of surrender we have been 
 willing, to admit those men back to all the rights and immunities of 
 citizenship, so far as is compatible with the public safety — willing to take 
 them by the hand, and say, "Fellow-citizen!" But, I ask, are we to be 
 met, here, by men fresh from the ranks of the rebellion to the Govern- 
 ment, and be tolerated, and permitted to remain in Arkansas with the pro- 
 viso that we will allow them to govern the country ? And, forsooth, if we, 
 in conformity with the wishes of our constituents, propose simply to par- 
 ticipate in the framing of a civil government here, we must be invited out 
 of the State which our arms and our blood, and the lives of our kindred, 
 saved from the i-uthless hand of treason and rebellion ! 'No, sir! we are 
 not here by sufiferance ! "We are not here to be tolerated, in Arkansas ! 
 These loyal men, who, for the sake of the Government, and freedom, and 
 right, and truth, and the flag under which we have assembled to-day, have 
 suflfered the loss of all things but life itself, — whose homes and inherit- 
 ances have been ravaged, desolated, destroyed, by armed rebellion, — who 
 have been waylaid and shot at', and whose. friends have been bushwhacked, 
 through all this land, — are not to be here by tolerance — the tolerance of 
 whom ?^ — of gentlemen whom they have met upon the battle-field, and 
 honorably and bravely met, and conquered. Are these honorable gentle- 
 men, who, at their country's call, left their homes in a more northern 
 region, followed the flag in the State, and brought the State back, like a 
 wandering sheep to its fold, to be told by men whom they have met in 
 honorable conflict, and nobly conquered, that they will be tolerated in re- 
 maining here with their carpet-sacks, on certain conditions ? We claim, 
 as was claimed by my honorable colleague, yesterday, that, as citizens of 
 a common country, we are guaranteed, by the Constitution of that coun- 
 try, all the privileges which pertain to that citizenship. And not only so; 
 
 ( 107 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BROOKS. 
 
 but we announce — without anything like menace, but simply by way of 
 advertising our friends of the Opposition, upon that subject — that we 
 intend to remain until we are ready to go, and to remain at all hazards ! 
 I can say, Mr. President, that loyal men, — simply for the sake of loyalty, 
 of fidelity to the country, its flag, its institutions, and its government, — 
 have left their homes in Arkansas for the last time ! If an issue of that 
 kind be raised — if it come to that, that loyalty must be denounced, in the 
 halls of this capitol, simply because it carries a carpet-sack — or a knap- 
 sack, or a haversack — in the interests of the United States Grovernment, 
 and not in that of a bogus government organized by bloody-handed rebel- 
 lion — if because their humble wardrobe be borne in a carpet-sack or a 
 knapsack, by men, some of whom have walked hundreds of miles to this 
 place, to represent their constituents — men stripped of all earthly goods 
 by the rebellion, — they are therefore to be jput up with, by these gentlemen, 
 only on conditions, -^ii an issue of that kind be raised, I say, we meet it, 
 squarely, here and now. -We claim the right to be here. We claim it 
 fraternally ; we claim it with the kindest feelings toward all men who are 
 willing to concede to us our guaranteed rights of citizenship; but, be it 
 again said, we have left Arkansas for the last time till we are carried 
 out ! If I may be permitted to allude personally to myself, I will say that 
 I claim, equally with the honorable gentleman, citizenship on this soil. 
 I am not an interloper — even with the beginning of the war. My eccle- 
 siastical identification, — which is my personal identification, as far as resi- 
 dence is concerned — which is my only identification with any locality, 
 under the system with which I have been professionally connected, — has 
 been with Arkansas. I have, for years, in Arkansas, — before the light- 
 ning struck us at Sumter, — participated, in part or in whole, in the suffer- 
 ings and privations which have been borne for right and law and freedom ; 
 and I was chosen, by the ecclesiastical body with which I am connected, 
 in this State, as one of two representatives of the State of Arkansas, in 
 one of the most important and dignified ecclesiastical conventions in this 
 nation. My colleague was unable to leave home, by reason of the same 
 spirit that even now repeats its menaces in this hall. But a few days after 
 my return from Buffalo, that man — a man who never trod free soil in his 
 life — as patriotic a citizen as any that ever trod the soil of Tennessee or 
 Arkansas— was mobbed and hung, under the simple accusation that he was 
 loyal to the old flag ! We intend, sir, to treat all gentlemen in this body, 
 and all citizens of the State, fraternally, kindly, and respectfully; but, 
 most of all, those of us who are thus denounced— for, of course, notwith- 
 standing the statement which I have made, I shall be classed with those 
 technically denominated carpet-sack men— be it so— but then, speaking 
 for that class, I have to say that for the loyal men of this State' residents 
 of the soil when the war culminated, no man breathes the atmosphere of 
 
Jan. 14th.J AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BROOKS. 
 
 this sunny South, who cherishes a more profound respect, a more deathless 
 fidelity, than do we. And when to us, in the bordering State upon the 
 north — though surrounded with treason, rebellion, and menace, and 
 treated to promises of a nice swing, by our neighbors, without ceremony, 
 upon the apple-trees of our own back yards, — after we had succeeded 
 in rolling back the tide a few paces, the cry arose, from these men of 
 Arkansas, — " Come up and help us !" — we left house and home, wives and 
 children, and everything dear to men, and under the impulse of patriot- 
 ' ism, and feeling that the pulsations of the hearts of these loyal natives of 
 Arkansas were in harmony with our own, we came to mingle our prayers, 
 our tears, our sympathies, our efforts, and our blood, with theirs, and side 
 by side with theirs to lay down our friends. Upon this soil we buried our 
 kindred^on the bloody field ; and around their graves we will cluster, and 
 maintain these principles, or perish in the struggle ! 
 
 I intended, however, sir, to have invited your attention chiefly to two 
 leading points of this discussion. I shall do so vei'y briefly, from the fact 
 that my honorable colleague [Mr. GtREt] has eloquently — I am proud to 
 say, for my County, successfully, triumphantl}', in the estimation of the 
 honorable members of this body, and, I am fully persuaded, of the intelli- 
 gent community — maintained our ground against the Opposition, especially 
 on one of these topics. And yet I note it, in passing. We understand, of 
 course, sir, the real motives of honorable gentlemen on the other side of 
 the hall. It is not that they entertain toward us, personally, the feelings 
 of vindictiveness or hate, which their language, taken at first hearing, 
 might seem to indicate. I know, sir, it is impossible they should. I mean 
 to say that in the main, the loyalists of Arkansas maintain an attitude and 
 pursue a line of policy which addresses itself to the common sense, the 
 common conscience, and the common honor of all right-minded men. 
 But, sir, it is for the purpose of defeating the great leading measures of 
 the Kepublican party, in the reconstruction of civil government in this 
 State, that this course is resorted to, and this condescension to mere epithet 
 and denunciation is exhibited on the part of honorable gentlemen. A 
 double issue is presented : first, the enfranchisement of the citizens of 
 Arkansas, without respect to race, color, or previous condition. We know 
 full well, and have known, from the beginning, whatever may have been 
 the temporary professions of honorable gentlemen, here and elsewhere, 
 when this reconstruction measure was first inaugurated in the State of 
 Arkansas — we know full well that at the bottom, at the core, they have, 
 from the first, been irrevocably, in their feelings and purposes, in opposition 
 to the enfranchisement of these honorable gentlemen of color on this side 
 of the room, and the twenty-two thousand voters, and over one hundred 
 thousand of the laboring, producing population of the State, whom these 
 gentlemen represent. We have known, from the beginning, that they 
 
 { 109 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BROOKS— CTPEET. 
 
 resisted this measure at every step; tliat they exhausted not only all the 
 resources of statesmen, but all the resources of politicians, also, to defeat 
 it. "We accept the condition ; we accept it with all the epithets they may 
 pile upon us, with all the load of the prejudice of generations. They may 
 confront us, here and elsewhere, with such slang as that which has been 
 employed, in regard to the odor of our members, and our constituents. I 
 have only to say, sir, that if I am to elect between the two — since honorable 
 members and opponents resort to such a line of remark as this — if I am to 
 choose between the odor of my constituents and the smell of treason, which 
 " smells to heaven," I affiliate over this way, to all eternity ! [Laughter 
 and applause.] 
 
 Mr. CYPEET. The gentleman's remarks seem — as he is replying to 
 me — to indicate that I have used such language as he cites, in regard to 
 the negroes of this Convention. I have used no such expression, relative 
 to the party, as " odor," or anything of that kind. The gentleman has 
 alluded to such remarks as having been employed in this body ; and, 
 replying to me, it may be supposed he refers to me. I denounce it, so far 
 as I am concerned, as not true. 
 
 Mr. BROOKS. The Congress of the United States has provided that 
 we may re-establish civil government in the State of Arkansas upon certain 
 conditions. One leading condition of the reorganization and re-establish- 
 ment of civil government in this State — a consummation for which we 
 most devoutly desire to labor — is that we shall do this very thing which 
 the honorable opponents of the policy denounce as unconstitutional, 
 impracticable, and wrong per se. We hold that it is constitutional. The 
 Congress of the United States have so decided. "We intend to make it 
 practicable, and that these honorable gentlemen, and all who sympathize 
 with their sentiments, shall feel and know it to be practicable, to re-estab- 
 lish civil government, and to recognize the rights of men of color, as well 
 as of white men. "We cannot succeed in re-establishing civil government, 
 under the Act of Congress, in any other way. This fact, these gentlemen 
 perfectly understood ; and their effijrt, therefore, is to defeat reconstruction 
 in. Mo. Therefore it is that they make these appeals to the prejudices of 
 ages in regard to this subject. Of the provisions of the Constitution, and 
 the history of the country, upon the subject of negro franchise, it is unne- 
 cessary for me to say a word. That was fully answered by my honorable 
 colleague, yesterday. But we accept this issue, frankly, freely, and fully, 
 and will " fight it out on this line." "We must have reconstruction on this 
 basis, of course, or not at all. "We intend to reconstruct; and we intend 
 that these colored men upon this floor, who compare favorably 'with the 
 average of the representatives of any quarter of the State, loyal or disloyal, 
 white or black, shall enjoy the rights to which they are entitled as men— 
 
 ( l-lO ) 
 
Jan. 14th.] AEKANSAS CONSTITUTIOlSrAL CONVEDS-TION. [7th Daj-. 
 Adoption of the Constitution of 1864.— BEOOKS. 
 
 the " ignorance" which the gentleman urged, in his argument of yesterday, 
 to the contrary notwithstanding. 
 
 The other real source of hostility on the part of the Opposition, here and 
 elsewhere, to the policy which we support in the contest, though not 
 openly avowed or directly presented, we know full well to exist ; and we 
 accept that also. It is, that this reconstructed, reinaugurated civil government 
 will be administered hy men true to the country and its flag. We are not the 
 party of proscription ; we are not disposed even to disfranchise, beyond 
 what, in the judgment of the National Congress and of the loyal men of 
 this State, is absolutely essential, in order to secure the public peace and 
 safety. And we did hope, especially at the opening of this reconstruction 
 movement, that these gentlemen would manifest a disposition which would 
 justify the loyal citizens of Arkansas, through their representatives on this 
 floor, in avoiding, as far as possible, all disfranchisement, and in securing 
 the removal, through the agency of Congress, at the earliest period, of all 
 disability which now attaches to any citizen of the State, by reason of • 
 iffational legislation. But, sir, if, in the progress of this movement, facts 
 should be developed which shall change our views, defeat our hopes, and 
 overthrow our purposes, in that particular, we shall mourn any necessity 
 that may arise, to fix, to any considerable extent, in the organic law of the 
 State, a disfranchisement of any portion of its inhabitants, beyond that 
 imposed upon us by the authority under which we now proceed. But that 
 we do intend that this Grovernment shall be administered by men true to 
 the Government, and true to the principles of liberty and equality before 
 the law, we not only admit, but frankly proclaim in this hall. These our 
 purposes we hope to attain ; and we do believe that, with our efforts 
 properly put forth, and our strength properly organized, throughout the 
 State, we shall triumphantly secure the adoption of the form of gov6rnment 
 to be presented by this Convention, and shall, under that Constitution, 
 elect a ticket which shall represent it, fairly and fully, before the people. 
 Armed, as we are, with argument as potent as civilization itself, against 
 all the accumulated prejudice of ages, we believe we can succeed before 
 the people of the State of Arkansas. We did succeed in carrying the 
 State for the Convention ; we intend to frame a Constitution which shall so 
 address itself to the patriotism and good sense of every man, irrespective 
 of his previous position, views, and purposes, so adapted to the exigencies 
 of the present hour, a Constitution so tending to develop the resources of 
 the State, the freedom and enfranchisement of the people, that no sensible 
 citizen can consistently refuse to ratify it. But we believe that in so 
 doing we shall place, — or, rather, continue, — in possession of the State 
 Government, loyal men, men whom the honorable gentleman on the other 
 side of the hall so much admires. If it be found necessary, in order to 
 secure the approval of the honorable member, and his constituents of the 
 
 ( 111 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BEOOKS. 
 
 loyal county of White, we might renominate the present incumbent of the 
 Executive chair. Certainly, his age, his abilities, his tried patriotism, would 
 justify such a course; and if the gentleman and his friends be sincere in 
 their admiration of the loyal Government of Arkansas, and of the incum- 
 bents of State positions, we might accommodate them, — as far as we can 
 consistently, at any rate, — in order to secure reconstruction without oppo- 
 sition. Perhaps, could we continue -to discuss these propositions for a few 
 days, we might reach so happy a result. We should be sincerely glad to 
 do so, at least as regards men who did stand up, as is claimed, and resist 
 treason, secession, and rebellion ; and however gentlemen may have 
 faltered, afterward, — now that they find themselves surrounded by more 
 auspicious circumstances, and when, hereafter, they shall find themselves 
 backed up by twenty-two thousand loyal colored votes, superadded to the 
 white voters of the State — votes which are not in the market, and which 
 cannot, as was yesterday intimated, be bought — the votes of men who may 
 possibly be occasionally misled, and browbeaten, but never purchased — 
 backed up by these, gentlemen may find it advantageous, and in harmony 
 with their original purposes of loyalty, to go back to the deserted hearth- 
 stone, and resume a position in the now broken circle of the family of 
 loyalty ! And when they are ready so to do — we do not make these pro- 
 fessions as an empty sound, but from our heart of hearts — when they are 
 ready to do this, then, sir, to every returning prodigal we bid welcome — 
 we will run to meet them as they come, and if we find reason to beUeve 
 them sincere, we will throw our arms about them, kill the fatted calf, and 
 do for them all that we may, consistently with the public security ; and, 
 when they have stood out their probation, at all events, we will put the 
 rings upon their fingers, and the seal of official position upon their brows, 
 if need be. But, of course, they ought to satisfy loyal men of their 
 unequivocal conversion, before they shall be admitted to full communion. 
 These purposes, sir, are fixed in the minds and hearts of the loyal people 
 of Arkansas. 
 
 The honorable member deprecated strife. None deprecate it more 
 than we. The loyal men of this Convention and State are not men of 
 blood. They are not bullies. They have been educated in a different 
 school. They have been trained under different infiuences. They enter- 
 tain no bitterness, no vindictiveness. We give to the winds all those 
 feelings, and shall rejoice when the hour arrives that they shall be with 
 the dead, and with the dead forever. All we ask is, that we may be per- 
 mitted to go forward in this great work, in conformity with the provisions 
 of the Act of Congress, the exigency of our situation, the demands of 
 advancmg civilization— in conformity with the demands of freedom and 
 franchise everywhere— of manhood suffrage. We invite the gentleman, 
 and his associates, to co-operation, and assure them that they shall not be 
 ( 112 ) 
 
Jan. 14th.] AEKANSAS COlSrSTITUTIONAL CONVENTION. [7th Day- 
 Adoption of the Constitution of 1864.— HINDS— HICKS. 
 
 treated, when they shall*thus return to their fidelity, and to correct prin- 
 ciples and policy, other than as men honorable, and faithful, and true. 
 [Applause.] 
 
 Mr. HICKS obtained the floor; when 
 
 Mr. HESTDS said : I wish to withdraw the motion to refer the Ordinance 
 to the Committee on the Penitentiary. I move the previous question ; 
 and upon that motion I call for the yeas and nays. 
 
 Mr. HICKS. I do hope, sir, after two such eloquent speeches as we 
 have listened to from gentlemen of the majority, we shall be permitted to 
 be heard upon some of the questions raised in the debate. 
 
 The PRESIDEISTT. The gentleman from Prairie [Mr. Hicks] has the 
 floor, and is at liberty to proceed with his remarks. 
 
 Mr. HICKS. I stand here as one of the representatives from the County 
 of Prairie, in the attitude of an American citizen, whose only interest, and 
 the only interest of whose constituents, to-day, is the good of our com- 
 mon country, and the perpetuation of its government. I am one of those 
 who have never been in rebellion against the authority of the United 
 States. I have ever been fiaithful to the flag of the United States. I have 
 looked upon the folds of that flag in a foreign country, when it brought 
 joy to my heart, and filled it with admiration and pride. The bold hue 
 of the red seemed to announce, as it blazed from its standard, that I stood 
 protected, how far soever I might wander from my home, by the strong 
 arm of the Government; the white promised that my country would ren- 
 der me justice; while the blue ground, with its galaxy of stars, reminded, 
 me that if I should render the obligations of a citizen and a patriot, I should 
 in the future receive the reward of my fidelity. 
 
 I am not accustomed to forensic debate. This is the first time that I 
 have ever appeared before a deliberative body-. And I desire to say, at the 
 outset, in entering upon this discussion, that I am not here to bandy epi- 
 thets, one way or another. I do not rise to reply to the gentleman from 
 Phillips [Mr. Brooks], or to answer for the gentleman from "White [Mr. 
 Cypbkt]. I come not to deal in personalities; my business is, if possible, 
 to render some service to my constituents. 
 
 I am one of those few who have deemed the present State Constitution 
 of Arkansas sufficient for myself, and sufficient not only for me and mine, 
 but for the entire population of the State. The question chiefly at issue 
 is that of the extension of the elective franchise. On any other point I 
 suppose there would be but little difi"erence of opinion. The provisions of 
 the present Constitution are identical with those of the Constitution of Ohio, 
 and several other States, with the exception made in the last clause of the 
 instrument. "When the first Reconstruction Bill was passed in Congress, 
 in 1864, the members elect from the loyal States of Arkansas and Louisiana 
 were in "Washington, demanding admission as Representatives of those 
 
 8 ( 113 ) 
 
• 
 
 1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— HICKS. 
 
 States. They were refused admittance, on the'ground, as Mr. Stevens 
 stated it, that the people of Arkansas and Louisiana were under the govern- 
 ment of military authority, the ground taken being in accordance with the 
 decision of the Supreme Court, in the case of California, where Gen. Persifer 
 Smith had called together the Legislature of the country, and the Legis- 
 lature so assembled had adopted revenue laws, which laws the Supreme 
 Court declared null and void. Mr. Stevens assumed the ground that a 
 State under military authority could not form a Constitution, and ought 
 not to receive admission. Upon these grounds Arkansas was kept out 
 of Congress. The bill to which I have referred, was presented to Mr. 
 Lincoln, for his approval, having passed both Houses; and on the 9th of 
 July, Mr. Lincoln, in a peculiar proclamation — whether addressed to Con- 
 gress or the people, — announced to the people and to Congress, although 
 Congress had adjourned, that the bill had been tendered to him only one 
 hour before the adjournment; and that, consequently, he had not time to 
 prepare his objections to it; but added, that he would assist Congress in 
 any reasonable or advisable measures for the accomplishment of recon- 
 struction, except, only, in the case of the States of Arkansas and Louisiana, 
 which, he said, already possessed loyal State governments — the Constitu- 
 tions of those States, he said, had been adopted under the Constitution of 
 the United States, and he could not let them go for nought. 
 
 That, however, as I have said, is practically an outside issue. The main 
 issue is that of the franchise. I desire to consider that question without 
 prejudice, and, certainly, without mingling any personalities with the dis- 
 cussion. Mankind, as we are all well aware, is divided into several sepa- 
 rate and distinctly marked races, classified as the Caucasian, the Mongolian, 
 the American or Indian, the Malay, and the African. Among them all, sir, 
 no republican form, of government has ever been established, except by the Cau- 
 casian race. Even among that race, it has been established only by a 
 struggle against power, protracted through centuries of blood. Various 
 countries of Europe have, from time to time, endeavored to establish a 
 republican form of government; yet at this day but one republic, as we 
 understand the term, exists in Europe. There is the insignificant republic 
 of San Marino, which has been permitted to stand for hundreds of years, 
 because it is so small and so poor that its poverty protects it. It is but about 
 forty miles square; and it is said there is no man in it worth more than 
 seven hundred dollars. Within our recollection, almost, France has formed 
 two gigantic republics; established them through blood, and given them 
 away without an eflrort to retain them. The people of that nation have 
 abundantly proved thei^- incompetency to maintain a republican form of 
 government. The conception of liberty, with them, is, the right to seize 
 the property, or cut off the head, of any man who may chance to be in 
 their way. A question which may seem morally insignificant, but which 
 ( 114 ) 
 
Jan. 14th.J ARKANSAS COlSrSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— HICKS. 
 
 quickly swells to gigantic proportions, — the question of bread, — always 
 recalls them from their dreams of liberty. They were tremendous repub- 
 licans until they got hungry and wanted bread ; then they were easily led 
 away by the glittering show of military glory and display. 
 
 The gentleman from Phillips [Mr. Grey] yesterday said we were eight 
 hundred years in educating ourselves up to our present position. If it 
 took my race eight hundred years to work ourselves up to our present 
 position, I am perfectly willing to concede that he and his race shall 
 enjoy the same privileges when they shall have gone through the same 
 ordeal. I accord to that gentleman more talent than any gentleman on 
 that side of the house, probably more than I have myself — he is certainly 
 a talented gentleman, and one who understands this question, probably 
 because it has been his interest to study it more closely than I have done ; 
 and there are many other honorable exceptions to the ordinary capacity 
 of that race — men of talent, — I may say, men of genius. But whether 
 they received their abilities from the negro race or the Caucasian, I am 
 unable to tell : I believe, however, and have the vanity to feel quite well con- 
 vinced, that it came from the Caucasian blood in tbeir veins. I will admit 
 that there have been many learned Africans, great Africans. But the 
 instances commonly cited, are by no means those needed in order to sus- 
 tain the argument. Hannibal was, indeed, an Afiri(?&,n ; but was he of the 
 negro race? His hair was straight; he had high cheek-bones; he was 
 not black. ]!!f either was he a white man, but something of a walnut-color. 
 
 Sir, the race to which I belong, is that which, in the first struggle for 
 its liberty, wrested the Magna Charta from King John at the point of the 
 sword. The history of its liberty, from that era, was a succession of scenes 
 of blood, up to the date of the birth of our own independence, in 1776. 
 That was the school through which the Anglo-Saxon race, the most gifted 
 in intellect, the most favored in circumstances, of any division, even of the 
 Caucasian family, has passed, before it succeeded in the achievement of 
 republican liberty. In those eight hundred years we have been slowly 
 building the foundations of this mighty republic— for I may well say its 
 real history goes back to that remote age. Though the existence of such 
 a government as ours was then beyond the dreams of the future, yet it is 
 the principles then enunciated that we have for those eight centuries 
 been developing and striving to maintain. What has the negro race 
 accomplished during that period, or, indeed, during the whole period of 
 their existence on earth ? Where is its language ? "Where is its literature ? 
 Where are its arts, its sciences? Where are its commercial interests, its 
 ships, its flag ? It has none. I repeat, it has none ! And I will venture 
 the assertion, that no gentleman upon this floor ever heard of a conven- 
 tion being called, in Africa, for any other purpose than to practise the 
 Fetish rite, to roast their enemies and eat them, or to sell them to the 
 
 ( 115 ) 
 
1868.] DEBATES AND PEOOBBDIlSrGS OF THE • [Tuesday, 
 
 Adoption of the Constitution of 1864.— HICKS. 
 
 Spanish or American slaver. The sale of slaves formed their chief source 
 of profit; and that race is now indebted to the free white nations of the 
 world for the suppression of that outgrowth of the barbarism of their own 
 race. They would steal their fellows to-day, carry them into the flesh- 
 markets, and sell them, if they could find purchasei's. I speak this with 
 no shade of ill-feeling; all this is their misfortune. My own race has, 
 doubtless, sprung from barbarism. Whether it came from the Goth, the 
 Visigoth, the Vandal, or whether from the Danish pirate, or the Norman 
 robber, I know not. It is not my interest, nor do I care to inquire. All 
 I do know is, that in America we represent a proud and glorious race. 
 We have borrowed our independence from the Indian of the forests of 
 America; from its tall trees and from its gigantic mountains and mighty 
 rivers. We have borrowed our independence from nature. If the negro 
 race is competent to exercise the elective franchise, I say the aboriginal 
 Indian race of America is equally fit. Our ancestors have practised fraud 
 upon the Indian race ever since the landing of the Pilgrims on Plymouth 
 Rock. They have driven them out from their homes ; they have mur- 
 dered them in the highways and byways; and when we come here to talk 
 of philanthropy, none of us dare go back to our great-grandfathers. 
 
 The negro race has tried the experiment of a republic in Hayti. What 
 has been the result 6f that experiment? Within my recollection, the 
 mulattoes of Hayti established a republican government; and in a short 
 time afterward, Soulouque, making himself the leader of the blacks, over- 
 threw the republic, created an imperial government, and placed a Yankee, 
 from Maine, whose name at this moment escapes me, as First Prince and 
 First Counsellor of the Empire. Soulouque proved, it must be said, the 
 best ruler, although very cruel, that the island ever had. He was said to 
 have been a runaway from Florida. On his heels came Geffrard. During 
 the period of Geffrard's presidency, I remember that a colored man of 
 my State, a barber, and a very intelligent man, and well read in some 
 departments of law, said to me, one day, « I can see no opening, in this 
 country, for a black man." I remarked to him that in his'place, and with 
 the abilities that he possessed, I should go to Hayti. He went. His name 
 was Henderson. He is now Judge Henderson, of the Haytien Supreme 
 Court. But,— to resume my statement of the history of this negro repub- 
 lic,— the blacks became dissatisfied with Geffrard. He was a cruel and' 
 vindictive man. He cut oft" the hands of his enemies, burned their toes 
 in the fire, and inflicted many similar barbarities. General Salnave raised 
 an insurrection against him, supported by the entire black population of 
 the island, deposed Geffrard, and established another republican govern- 
 ment. A short time after the establishment of this government, Salnave 
 had placed in prison every man of any prominence, opposed to his admin- 
 istration, including the various generals of the army. The Congress was 
 { 116 ) 
 
Jan. Uth.J AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of .1864.— HICKS— BRADLEY. 
 
 in session, and passed a resolution requiring the liberation of these pris- 
 oners. What followed ? The "President" of that great "republic," at 
 the head of a crowd of women and children, went to the place of meeting 
 of the " Congress," drove them out of their own halls, and himself as- 
 sumed the reins of government. At the last accounts they were trying 
 to fight that matter out " on that line." I don't know whether the women 
 and children whipped the soldiers, or not; it is a question that yet remains 
 to be determined. 
 
 I proclaim this principle, which I lay down as a political truth : no men 
 on the face of the globe are capable of maintaining a republican form of 
 government, except those of the white race. And as evidence of that fact, 
 I may refer to the numerous republics of South America, where the blood 
 of other races is largely mixed with that of the whites. What are those 
 republics? They are simply machines for effecting robbery. Their gen- 
 erals are men raised from bandits. The Presidents, to-day, of a number 
 of those republics were, but a few years ago, bandits in the mountains. 
 They have a revolution, there, nearly every time the moon changes — as a 
 varietj'. They have not the first conception of the nature of republican 
 government. Mexico — the " sick man " of IsTorth America — look at her ! 
 Why, sir, it would take a cyclopsedia to keep up with her revolutions. 
 You would have to establish a steam-press, to publish her manifestoes ! 
 
 I came not here with the purpose of saying anything unkind to any 
 gentleman. I hope I have avoided doing so. I protest, in all sincerity, 
 against granting to the negro race the elective franchise. I will admit 
 that there are a few of them who understand our political system. But 
 they are very few. That they do not, is their misfortune. It is no fault 
 of mine. I do not feel that I have a right, with the responsibility of the 
 oath which I have taken here, to risk the lives and happiness qf my people 
 in their hands. . I am, therefore, honestly and conscientiously opposed to 
 the movement. 
 
 Mr. BRADLEY. I do not wish to detain the Convention with any- 
 thing like a speech. I think, sir, that too much time has already been 
 consumed in the discussion of this question. My understanding was, that, 
 on yesterday, the only question before the House jras a motion to refer 
 the Ordinance to a certain Committee; whereupon a discussion sprang up, 
 and the questions in issue between the two great political parties of Amer- 
 ica, have been very extensively discussed, — which I really thought was 
 out of order. And as the waters have been very much troubled, I think 
 it may, perhaps, be well to pour on a little oil. I regret, exceedingly, 
 that so much bitterness and strife, so much animosity, has been manifested 
 upon both sides of the house. I did not come here, as a delegate to this 
 Convention, to engage in that kind of discussion. I did not come here 
 as, a partisan, to make war upon anybody. My people did not expect it 
 
 ( m ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BBADLEY. 
 
 of me when they sent me. I came here under the provisions of the Mili- 
 tary Bill — the reconstruction plan put forth by Congress, — to make an 
 honest effort to organize a permanent State government in Arkansas. I 
 came upon the hypothesis that Ai'kansas had no permanent State govern- 
 ment ; I believe it to-day. I came here because I indorsed the recon- 
 struction plan, as set forth by the Act of Congress; I indorse it to-day. 
 I came here because I believed that Arkansas had been taken out of the 
 Federal Government; that she had never regularly been taken back. I 
 advocated these views in my County and elsewhere ; I am here to advocate 
 them to-day. 
 
 This Constitution, the adoption of which is proposed by the Ordinance 
 under consideration, is that which has commonly been known, all over 
 the country, as "the bogus Constitution." And although it was adopted 
 on the 18th of April, 1864 — the same identical day on which I was re- 
 adopted as a citizen of the United States, by taking the oath of amnesty, — 
 I never believed it should be recognized as the organic law of the State, 
 by which we were to be governed in our future legislation. I was of this 
 opinion for several reasons, which I shall proceed briefly to state. 
 
 Had we been recognized, by the United States, as a State, — as possess- 
 ing an organic law, and a permanent State government, — had we never 
 lost our status in the Union, there never would have been a " military 
 bill" — there could have been no "reconstruction plan" conceived of, by 
 the wise men in the' halls of Congress. And I confess I have been 
 disgusted with the high-wrought theories which I have heard, from men 
 of different parties, as to whether or not Arkansas had ever been out of 
 the Union. The only way to arrive at a correct conclusion, is to look at 
 the fads, as they are, and not as we would fain have them. If Arkansas 
 was never out of the Union, how, in the name of Heaven, did it happen, 
 that within the circle and under the jurisdiction of the United States of 
 America, two different flags floated in mortal combat for four long years? 
 If Arkansas was never out of the Union, why was it that the forts and ar- 
 senals—the arsenal in your own city, here— were regarded as in the hands of 
 the enemy of the United States ? Whether Arkansas was out of the Union, 
 in fact, and whether she had a right to be out of the Union, are two differ- 
 ent questions. If a thief comes to my house, and steals my horse out of 
 the stable, while I am asleep, and if I thereupon pursue him, and after he 
 has run my horse through four or five counties, I overtake him, and 
 recover my horse, it would be a very high-wrought theory, to insist'that 
 because the thief had no right to my horse, the horse had therefore never 
 been gone from the stable ! When I have overtaken the man, and rescued 
 the horse ft-om his thievish hands, I have the right to take the horse 
 back, and dispose of him as I think proper. The truth is, we lost all 
 protection of the United States Government, and passed from under its 
 (118) 
 
Jan. 14th.] AKKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BRADLEY. 
 
 jurisdiction. We set up a kind of de facto government, — as the lawyers 
 call it, — in the days of the Confederacy, and inaugurated a reign of terror, 
 plunder, devastation, and ruin, throughout our country. I recognize the 
 right of the United States to control Arkansas, although at one time I was 
 dressed in grey, and was in Confederate ranks. I never believed in the 
 principle of secession. I don't believe in it to-day. IsTor do I want to see 
 a new rebellion inaugurated in this Convention. I want to see union ; I 
 want to see concentrated action, to see the members of this Convention, of 
 every shade of politics, united together and working together, not for the 
 destruction of antagonistic parties, but for the upbuilding of this country. 
 
 I object to this Constitution of 1864, — which this Ordinance proposes 
 to adopt, — as a bogus Constitution. Its preamble declares that " We, the 
 people of Arkansas, having the right to establish for ourselves a constitu- 
 tion in conformity with the Constitution of the United Sates of America," 
 and so forth. Who were " the people of the State of Arkansas," that 
 formed that Constitution? The fact is, that the gentleman who repre- 
 sented my County in that Convention, was elected by five men, under the 
 shade of a tree somewhere in this town 1 And I understand that three 
 other gentlemen got together, who were from a county entitled, accord- 
 ing to the apportionment, to two members in the lower House, and a 
 Senator; and they three elected the entire delegation of three, which con-, 
 sisted of themselves ! And this Constitution was almost perfected before 
 we so much as heard, in my County, that a Convention was in session, or 
 the formation of a Constitution contemplated ; and when we did hear it, 
 we did not know by whom we were represented in the body that was en- 
 gaged in framing it ! Five men, elected under the shade of an oak, in 
 Pulaski, were representing us ! There were large counties, in the southern 
 part of the State, that never heard of the proceedings of that Convention 
 for months after the Constitution was said to have been adoiptedl Does 
 that preamble state the truth, when it says, " We, the people, of the State 
 of Arkansas ?" 
 
 Let us look a little further at this Constitution of 1864. The fifth sec- 
 tion provides, " That all elections shall be free and equal." What do you 
 mean by " equality" in elections,Vhen three men are to elect the represen- 
 tatives of fifteen hundred voters ? To frame that instrument was, perhaps, 
 the best that could be done to establish a temporary government here, 
 until "further steps could be taken. But what does it mean when it de- 
 clares that "all elections shall be freeV Free? JSTo, sir; the people of 
 many counties had not the 'power to march to those bogus ballot-boxes 
 that were lying at the root of the trees of Little Rock! If we liked this 
 Constitution, we wanted the right to approve it. Many of the men, 
 whose names are affixed to it, have, very likely, never again seen the 
 constituents whom they affected to represent. 
 
 ( 119 ) 
 
1868.] DEBATES AND PEOOEEDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BEADLEY. 
 
 When the war-storm had passed, and quiet once more pervaded the 
 State of Arkansas, we wanted the. opportunity to come here, and coolly 
 and quietly to deliberate. I say we wanted the opportunity to come here; 
 for a State Convention, as I understand it, is the peopk, represented by 
 their chosen delegates. In the Convention of 1864, the people were not 
 represented by their chosen delegates; and the Constitution which was 
 there framed was not the work of the people, directly or indirectly. 
 Then, as we seemed to have impediments in the way of organizing a 
 genuine State government. Congress came to our relief, and made pro- 
 vision that we might, in the nature, as it were, of a spontaneous uprising 
 of the people, take measures to gather a Convention, and adopt a Consti- 
 tution in conformity with the Constitution of the United States of America. 
 Could this be the instrument which we should thus assemble to adopt ? 
 1^0, sir ! At the time when this Constitution was adopted, the great issue, 
 upon which two millions of men went into the earth, had not yet been 
 settled; the beam was tottering, and it was unknown which way the scale 
 would fall. It could not accept the final issue of the great American strug- 
 gle. It was adopted on the 18th of April, 1864. The Confederate armies 
 never laid down their arms till the Spring of 1865. How, then, do you 
 expect that a few men, caught up here and there, — refugees, principally, 
 from their homes — without an opportunity of consulting their constitu- 
 encies, — could frame a constitution adapted to the state of things which 
 was to exist after the war had closed, and the different races made to oc- 
 cupy another position towards each other ? It was a monstrous assump- 
 tion of theirs ! I would suppose that for the most enlightened and far- 
 seeing body of men in the world, to so anticipate the emergency that 
 should arise after the war should be over, as to frame a form of ffovern- 
 ment which should at once harmonize with the condition of the country 
 and with what should then be the state of the Constitution of the United 
 States, — which was, in consequence of the war, constantly receiving 
 amendments, — would require a forecast and wisdom more than human. 
 
 But I have yet another objection to this Constitution of 1864. "Ifo 
 man," it provides, 
 
 " Shall be taken or imprisoned, or disseized of his free hold, liberties, or 
 privileges, or outlawed or exiled, or in any manner destroyed, or deprived of 
 his life, liberty, or property, but by the judgment of his peers or the law of 
 the land." 
 
 What do I understand by ""peers ?" The right of trial by jury is one 
 that we intend to guarantee, in the Constitution, to every citizen. I 
 understand by " peers," a man's equals. Were I indicted, arraigned, and 
 to be tried for my life, I should expect to be tried by my equals. I would 
 protest,— most solemnly,— against trial by my superiors or inferiors. If 
 ( 120 ) 
 
Jan. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— BRADLEY. 
 
 you make these colored members amenable to law, and indict and arraign 
 them, in the courts of the country*, and if they are so inferior to the white 
 race, are they being tried by their peers, when tried by a jury of twelve 
 intelligent white men? No, sir; I am in favor of their being tried by 
 men of their own race. Is it too much ? If the Constitution means what 
 it says, then we have a right to be tried by our peers, — our equals. There 
 was no such provision under the Constitution of 1864. 
 
 Sir, I desire to remark upon one other point. We have an important 
 work to achieve, hei-e. We need to be recognized and re-established, as 
 a State. We have to form an organic law by which unborn generations 
 are to be governed and guided. I hold that the members of this Con- 
 vention have no right to engage, in this Convention, in a warfare among 
 ourselves, even when carried on between factions on one and the other 
 side of the house. When we are thus engaged, we are simply gratifying 
 the most hellish passion that ever rankled in the human heart, and gratify- 
 ing it at the expense of our constituents. I do not like many things that 
 have been said, on both sides. I do not like this comparison of abilities. 
 If any of the colored members are superior, in talent, to myself, please 
 be modest enough not to throw it in my face in a public place ! These 
 comparisons are odious. [Laughter.] This is not the time to deal with 
 these questions that tend to awaken so much bitterness. I did not intend 
 to make a speech ; but I do want to rebuke the style of argument which 
 has been used here for the past two days. The questions discussed have 
 not properly come before us. When they come, it will be time enough 
 to discuss them; and you will find me at the right place. True, I sit by 
 the side of my friend here [Mr. Cypert.J Our relation is personal and 
 social. It is understood that he belongs to one political party, and I to 
 another ; and many men, I suppose, have thought we couldn't sit so close 
 together, without my making him a Eepublican or his making me a 
 Democrat. Well, if the law of absorption is to obtain, I shall be certain 
 to take him up and make a Republican of him, for I have most capital to 
 start on. [Laughter.] But, seriously, I am opposed to the style of argu- 
 ment which we have seen exhibited here. I care nothing where a man 
 comes from. When I came to Arkansas, twenty years ago, the State had 
 been heterogeneously settled, from Virginia, Georgia, North Carolina, and 
 even from the snow-capped hills of New England ; and some of the oldest 
 residents of Arkansas are New England men. We did not fall out. I care 
 nothing, I say, where a man comes from ; — it is not his name, it is not his 
 nativity, it is his moral character, and his true status before the country, 
 by which I estimate him. And one of the reasons why I am glad that 
 that great monster. Slavery, is dead, is, that it was a curse to the white 
 race. I believe that slavery was a curse to the whites; just as I believe 
 that freedom is going to prove a curse to the black race. In the days of 
 
 { 121 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— BBADLET. 
 
 slavery, a man was to be estimated by the number of negroes he owned ; 
 or, if a young man was going courting, the first question was, how many 
 did his father own. pLaughter.] I rejoice, sir, that that day is past; and 
 I do trust that the day has come when the worth is to be the measure of 
 the man. An Irishman, it is said, was once twitted, by another, who 
 learned that he was born in Limerick^ while all the nobility were natives 
 of Cork. " You're born in Limerick !" " Faith, I am, but I could have 
 been born in Cork if I'd wanted to !" [Laughter.] Mr. Douglas said it 
 made no difference where a man was born, provided he emigrated early 
 enough. I was myself born in the fall of the year, and so was born 
 further north. If I had known that cold weather was coming on, I should 
 have come to Arkansas to be born. pLiaughter.J Sir, we have not assembled 
 here to indulge in these personalities. Mj' own doctrine is that loyal men 
 shall rule this country. I commit myself to no policy that is to drive this 
 or that man from the country, because he is from the northern lakes or 
 from the southern seas. "Whether he was born in Maine or Florida, he 
 has a right — especially if he has come here through blood, and over dead 
 bodies — he has a. right to be here, and to participate in the counsels of the 
 State. Although an adopted citizen of twenty years' standing, I recognize 
 the legitimate right of a freeman, who came here in obedience to the laws 
 of his country, to all the privileges of a citizen. It was not his fault that 
 he came here; it was ours. All I want is, that he shall be a little modest 
 after he comes here [Laughter] ; and we will do the same. We cannot 
 inaugurate two policies, two general interests, in this State. What is your 
 interest is mine ; and whatever a majority of this body sees fit to enact, 
 will be the law for us all; and if any benefit shall arise therefrom, I and 
 ray family, who are fixtures in the State of Arkansas, will reap the same 
 benefit. If I believed in a policy ruinous to the country, I would be the 
 murderer of my wife, the partner of my bosom, and my children, the fruit 
 of my loins. But I propose that we unite together. I do not intend, for 
 one, to throw obstructions in the way of the accomplishment of what 
 should be our common object. I do not propose to engender strife by the 
 unnecessary discussion of disputed questions, in this preliminary stage of 
 our proceedings. Gentlemen, in the name of everything that is good, 
 cease from these epithets — do not raise agitation so early in the history of 
 our Convention ! For one, I intend to show respect, in my remarks, to 
 every gentleman ; and if any shall then use remarks personally offensive 
 to me, I advertise him that he is incurring a bond of personal obligation, 
 for which I will hold him to a fearful account. I will give no insult ; I 
 will take none : and I will hold every man to the same course. I was 
 sorry to hear the motion to commit this subject to the. Committee on the 
 Penitentiary. It was not the proper course. Let the Ordinance go to its 
 proper committee; and if not reported upon by that committee, it would 
 ( 122 ) 
 
Jan. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— DUVALL. 
 
 die in the proper place. If it should come back, from the committee, M^e 
 should have an opportunity to investigate its merits, and dispose of it as 
 we should see proper. Have we come here to disgrace ourselves in the 
 reports of the press ? Have we come to give an endorsement of the de- 
 nunciatory epithets, of " kangaroos," and " tigers," and " beasts," that 
 have been lavished upon us ? Have we indeed come to snap and growl 
 at one another, and so to justify these attacks? I enter my solemn pro- 
 test, that my teeth shall not be shown — tiger- or wolf-like. Let us pur- 
 sue another course, one chosen only with reference to the interests and 
 honor of the country, and the credit of ourselves. 
 
 ADJOURNMENT. 
 
 Mr. HINKLE moved to adjourn. 
 
 The question was taken ; and the motion was not agreed to. 
 
 SUSPENSION OF RULES. 
 
 Mr. MONTGOMERY moved that the rules be suspended, in order that 
 Mr. Smith might be allowed to introduce a resolution. 
 
 The question was taken ; and the motion was not agreed to. 
 
 ADOPTION OF CONSTITUTION OF 1864 — RESUMED. 
 
 Mr. HINDS asked permission to withdraw the motion to refer the 
 Ordinance under consideration, to the Committee on the Penitentiary. 
 
 ~Eo objection being made, 
 
 The motion was withdrawn. 
 
 Mr. BROOKS moved that the Ordinance be rejected. 
 
 Mr. DUYALL. I am not here for the purpose of making speeches. I 
 have not been raised for that. I have been brought up at the tail end of 
 a plough. I am here, to-day, if I know myself, with no other object than- 
 to represent the interests of the people of the State at large. I do not 
 propose to deal in any of the vile epithets which have been employed 
 here. I wish to see peace and harmony restored to our country. And, 
 being one of those of whom my friend from Phillips [Mr. Brooks] has 
 spoken, that left their homes and families, all that was sacred and dear 
 to man, to follow the stars and stripes that to-day float from this capitol, I 
 occupy a different position from that of any man on this floor. I sacrificed 
 the hard earnings of my life, my life I perilled through four years of bloody 
 warfare, in defence of the Union and Constitution of the United States. 
 I am here, to-day, asking for the maintenance of that for which I fought. 
 This, sir, is all that I ask. This, sir, is all that I ask ! 
 
 ( 123 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— DUVALL. 
 
 The gentleman from Phillips [Mr. Grey] asked for the rights of his 
 race ; and he refers us to Massachusetts, as one of the States of this Union 
 which has granted them their rights. In the first place, I assume the posi- 
 tion that the colored race are not citizens of the United States; and 
 secondly, I deny that they have the right to exercise the elective franchise. 
 I would simply ask that gentleman, — how far has Massachusetts extended 
 that franchise to his race ? Were the members of that race in Arkansas 
 this day transferred to Massachusetts, how many of them would, under 
 the Constitution of that State, be permitted to exercise the right of suf- 
 frage ? It is well known that in Massachusetts no man is allowed to vote 
 who cannot read the Constitution of the United States. Upon the ques- 
 tion of citizenship, it is only necessary to say that Congress itself, which 
 has constituted itself the peculiar champion of your race, has said that 
 you are not citizens. The Fourteenth Amendment to the Constitution has, 
 for one of its main objects, the declaration that you shall be citizens of the 
 United States. "When you shall have become citizens, then no State will 
 have the power, practically, to deprive you of the right of suffrage, since 
 that right is in that Amendment guaranteed to every citizen, by conditions 
 which tend to force universal suffrage upon every State. 
 
 The gentleman said, in the second place, that Congress had agreed to 
 give to his race the right of suffrage. Congress agreed to give it to them. 
 I ask, where does Congress get its power to give you that right ? The 
 Constitution of the United States is the organic law of this government. 
 That Constitution cannot be altered or amended, except by consent of 
 three-fourths of the States. But, unfortunately for us. Congress— that 
 portion of the representatives of the E'ation, claiming to be Congress- 
 have set themselves up as the Government — legislative, executive, and 
 judicial ; and, sadly for us and for the country, many who have gone with 
 me, through this bloody struggle, side by side, claiming to contend for the 
 Union and the Constitution, are looking to Congress as the only law-power 
 that exists in the nation, and are willing to concede to them the authority 
 to enact laws in violation of the Constitution, and of the solemn decisions 
 of the Supreme Court of the United States. Gentlemen, you are conced- 
 ing the exercise of a power that will uproot the very foundations of 
 American liberty, and leave us, as we are to-day, under the domination of 
 military tyranny. "Whatever may be said of the prediction which I ven- 
 ture, the facts that I state cannot be denied. 
 
 The gentleman further proceeded to claim the elective franchise for his 
 race, as a reward for their service. IsTow, sir, it is known to every gentle- 
 man in this body, that the exercise of the right of suffrage has been con- 
 fined to a class. Upon the same principle which the gentleman urges, I, 
 or another, might well set up a claim to the elective franchise, in behalf of 
 those young men, those boys, who left the State of Arkansas, left their 
 ( 124 ) 
 
Jan. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Adoption of the Constitution of 1864.— DUVALL— BROOKS. 
 
 fathers, their mothers, and their homes, and wound their way, with me, 
 through the wilderness, to follow the stars and stripes, for the mainten- 
 ance of the Union. I might claim for them that privilege, from the rising 
 to the setting of the sun, and from year to year — it will never be given to 
 them till they shall have arrived at the age of twenty-one. 
 
 I would recall to you, sir, the purpose which Congress and the Presi- 
 dent declared to be the object, and the sole object, in the prosecution of 
 the war. Gentlemen all well know that the Government had taken the 
 position that no State had the right to secede. I held the same theory ; 
 and I still hold, to-day, that no State, though she may arm herself in 
 rebellion against the Federal Government, and may for a time succeed in 
 withstanding the authority of the nation, has the right to dissolve her 
 connection with that Government, and to throw off" the allegiance which 
 she owes to it. So Congress declared ; so the President declared. The 
 President asked for volunteers. He called upon the loyal men of the 
 country to crush the rebellion, and to sustain the power of the Federal 
 Government over the whole territory of the I^ation. And we responded 
 to the call. Did not that Government sacrifice, to the accomplishment of 
 this object, half a million of lives ? Do not the bones of those who fell in 
 that great cause, to-day lie bleaching on the soil of every State where 
 rebellion raised its head ? How many hundreds of millions of dollars did 
 they spend to sustain that principle? They did sustain it. "We followed 
 that flag to the crushing of the rebellion ; and Congress, at the end of the 
 war, acknowledged that these States had never been out of the Union. 
 Their acts were the evidence of that acknowledgment. My friend from 
 Phillips [Mr. Brooks] denied that Congress had ever acknowledged it. I 
 aflarm that they did so acknowledge, in submitting to these States the 
 Constitutional Amendments. 
 
 Mr. BROOKS. I will correct the gentleman. He is mistaken in the 
 point he makes. He understood me to say that these States had not 
 been out of the Union. I did not speak of that point. In answer to the 
 gentleman from White [Mr. Cypbrt], who spoke yesterday, I said that 
 Congress had not recognized, "without qualification," the validity of the 
 Provisional Government of the State of Arkansas, as a government. 
 
 Mr. DUVALL. I understood the gentleman to say this. The gentle- 
 man from White said, yesterday, if I am not mistaken, that we had a 
 State government which had been acknowledged and recognized by the 
 Federal authorities ; and I, this morning, understood the gentleman from 
 Phillips, in reply to him, to deny that the State Government of Arkansas 
 had ever been recognized by Congress. I may be mistaken, but I do not 
 
 think I am. 
 
 I repeat, that in submitting the Thirteenth and Fourteenth Amend- 
 ments to the Constitution — if I had the documents before me I would 
 
 ( 125 ) 
 
1868.] DEBATES AND PEOCBEDIJSrGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— DUVALL. 
 
 give the language used by Congress, but it is familiar to you all, — the 
 expression employed was, that of a submission to the States ; and in all 
 the official papers on the subject of ratification of those Amendments, 
 reference is made to the States which, by their legislatures, have accepted- 
 the Amendments. In the report submitted to Congress upon the sub- 
 ject of the proposed Fourteenth Amendment, in reply to a resolution of 
 inquiry, after a statement that " the following named States " had rati- 
 fied the Amendment, succeeded the statement that " the following named 
 States" had rejected it, viz., Virginia, North Carolina, South Carolina, 
 Florida, Arkansas, Texas, Mississippi, and Louisiana. I do not profess 
 to give, literally, the language of the paper; but I do quote it in sub- 
 stance. Sir, if this submission of amendments to the Constitution, to be 
 ratified, did not constitute a recognition of the existence of State govei'n- 
 ments, why, in the name of Heaven, did they mock us, and the nation, by 
 the submission ? Sir, they did recognize us as a State. They sustained 
 the principle upon which the war was made, and which it enforced. 
 
 But the end was not accomplished, of aflFording citizenship to the colored 
 race. How recently, indeed, was the scheme mooted ! Where do we find 
 the -first meeting of any body of considerable importance that proposed 
 the enfranchisement of that race? Hamilton, of Texas, says, that when 
 he submitted the proposition to the people of that State, he did not re- 
 ceive a respectable notice. He then went to Washington City, and, in 
 consultation with a few other loyal citizens of the South, determined to 
 call a convention. That Convention assembled in Pennsylvania, in Sep- 
 tember, 1866 ; and there, for the first time in the history of this Union, 
 was advocated the principle of the enfranchisement of blacks. Yet my 
 friend yesterday said that Congress had given them a solemn promise that 
 such enfranchisement should be bestowed. 
 
 Sir, why was this done ? I claim to stand here as an honest man, as- 
 piring to no position ; God knows I prefer the life of an honest farmer to 
 dabbling in politics — for I take the position that no man can be a success- 
 ful politician without blending with his action more or less corruption. 
 In all sincerity of heart I say that, in my opinion, such men as Hamilton, 
 and many kindred spirits, aspiring to office, saw plainly that they could 
 not control the governments of their respective States, unless by enfran- 
 chising the colored race; and that they set about the accomplishment of 
 that result, on no other grounds, and from no other reasons, than these. 
 They claim that it is done for the protection of the loyal men of the South. 
 Gentlemen, if that is the kind of protection that our friends from the 
 N'orth are giving us, I, for one, that claim to be a loyal citizen,— one, sir, 
 who bears upon his back no mark of disloyalty, past or present,— ask them 
 to cease their protection ! I think we are capable of taking care of our- 
 selves, if they will quietly suffer us to do so, and will cease this agitation 
 ( 126 ) 
 
Jan. 14th.J AEKAISTSAS CONSTITUTIONAL CONTENTION". [7th Day. 
 Adoption of the Constitution of 1864.— DUVALL. 
 
 of universal suffrage amongst us. Sir, when the war ended, the Eebel 
 armies surrendered upon terms ; they returned to their homes ; and I am 
 proud, to-day, to say to you that, though they fought you and me manfully 
 up to the close of the struggle, we have, since that time, had a peaceable 
 and quiet community, composed, for the most part, of honorable men, 
 willing to submit to the laws of their country. I represent here, to-day, 
 such a community ; and I desire to see the interests of those men equit- 
 ably taken into consideration. Had they been disposed to control this 
 Convention, the majority of the men of Lawrence County are men who 
 were engaged in the rebellion, — they have a majority of registered voters 
 in that County ; — had they been disposed, I say, to control this Conven- 
 tion, they have much abler men than I, and they would certainly have 
 sent them here. But they are men who are willing to be represented 
 here by a loyal man, — a man who they knew could be assailed with none 
 of this slang of treason, that has been so lavishly employed upon this 
 floor. lam here to represent them; and whatever may have been the 
 past, they are entitled, as peaceable and law-abiding citizens, to-day, to be 
 heard, thi'ough their representatives, in this body. 
 
 I had noted one remark of the gentleman [Mr. Grey, of Phillips] who 
 spoke yesterday, claiming equality of intellect with the white race. That 
 point was noticed by my friend from Prairie County [Mr. Hicks] ; and I 
 shall only make a passing observation. I would refer the gentleman .to 
 the condition of the negro race in Africa. I would ask what it has done 
 toward establishing a republican form of government, — what it has done 
 in the way of science, art, and civilization ? and with that question I pass 
 from the subject. I hasten thus my remarks on these topics, because I 
 do not propose to consume time here ; since time is money to our constitu- 
 ents, and we shall certainly have to render an account for all that we 
 expend. 
 
 I take the position, then, Mr. President, that we have a Constitution, 
 and a State Government. We have a Constitution that was framed here 
 by loyal citizens. It was framed under the direction of Abraham Lincoln. 
 It was accepted by the people, so far as they were able to manifest their 
 acceptance of it.. That Constitution and State Government have been 
 acknowledged, by the appointment in the Executive and Judicial depart- 
 ments, of the various officers that belong to a State organization ; and, 
 to-day, the State of Arkansas has funds invested in United States bonds, 
 and as a recognized State Government holds them. Congress, in the 
 passage of this very Reconstruction Act, has attempted to set aside that 
 Government. It has placed us under military domination, and has put 
 every office of the State at the mercy of the military commander. ■ Had 
 the Commander of this Department been disposed to listen to the various 
 petitions and complaints preferred before him during the past six months, 
 
 ( ni ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 Adoption of the Constitution of 1864.— DUVALL. 
 
 I venture to say that to-day there would not have been an officer remaining 
 in any department of the Government of Arkansas, who held his place 
 half-a-year since — every man would have been removed. Sir, where is the 
 mainspring of all these proceedings ? Gentlemen want office, — they want 
 the spoils of office. 
 
 I wish to say to the gentlemen of this Convention, that I do not stand 
 here, — as would have seemed to be indicated in certain speeches on this 
 floor, — as representing the Rebel party. I entertained, when in the service 
 of my country, the same views that I entertain to-day. These are no new 
 ideas which I am picking up, in order, as some may charge, that I may drift 
 with the popular current. I refused to give up my principles ; I perilled 
 my life, and sacrificed for them all that I had; when, had I been corrupt 
 enough to resign my convictions for the sake of position or other personal 
 advantage, I might have come out far better than I did. I came out of the 
 war for the Union, a poor man ; and I have remained so. I have held my 
 own, very well, in that regard. I come here for the principles I fought for. 
 When the present proposed Amendments to the Constitution of the United 
 States shall have been adopted, then, under that Constitution, these colored 
 friends will be citizens, and will have gained the right of suft'rage; and 
 we cannot help it. But I do protest against Congress attempting to dic- 
 tate to the people, of this or any other State, what manner of Constitution 
 they shall form, and against its proclamation that a State is not in the 
 Union. I hold that no State ever was out of the Union ; and it was for 
 that principle that I fought. 
 
 Mr. CYPERT desired to be informed of the precise attitude of the 
 question before the Convention. 
 
 The PRESIDENT stated the question before the Convention to be 
 upon the adoption of the Ordinance. 
 
 Mr. HESTDS moved that the further consideration of the Ordinance 
 be made the special order of the day for Thursday, January 16th. 
 
 The question was taken; and the motion was agreed to. 
 
 INVITATION TO DE. T- M. JACKS. 
 
 Mr. SMITH offered the following resolution : 
 
 Mesolved : That T. M. Jacks, of Phillips County, be invited to address this 
 Convention, at such time as the Convention may indicate, in relation to mat- 
 ters of general interest to all the people of this State, and not of a political 
 character. 
 
 Mr. McCLURE did not regard it as proper that the Convention should, 
 in its official capacity, receive the address. He moved to amend the reso- 
 lution by striking out the words: "this Convention, at such time as the 
 ( 128 ) 
 
Jail. 14th.] AEKAlsrSAS CONSTITUTIONAL CONVENTION. [7th Day. 
 Printing of the Convention — Adjournment. 
 
 Conveution may indicate;" and to insert, instead thereof, the words: 
 " such members as may desire to hear him, on Thursday evening." 
 
 Mr. SMITH accepted the amendment. 
 
 The question was then taken; and the resolution, as amended, was 
 adopted. 
 
 PRINTING OF THE CONVENTION. 
 
 Mr. HICKS sent to the Secretary's desk a resolution, which, he ex- 
 plained, referred to the subject of letting to the lowest bidder the printing 
 of the Convention. 
 
 The PRESIDENT stated that the Chair had permitted a relaxation of 
 the rules, so far as to allow the introduction of one resolution, out of the 
 regular order of business; but the indulgence could be extended no 
 further. 
 
 ADJOURNMENT. 
 
 Mr. DALE moved that the Convention adjourn. 
 
 Mr. HODGES, of Pulaski, moved to amend, that when the Convention 
 adjourn, it be until Thursday morning. 
 
 The amendment was accepted. 
 
 Mr. HICKS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. CYPERT asked to be informed of the reason for an adjournment 
 to that date. 
 
 Mr. McCLURE explained that the hall (which by Act of the last Legis- 
 lature it was forbidden to use except for the meetings of bodies composed 
 of delegates from all parts of the State) was wanted, on the morrow, for 
 the use of a political convention of that character. 
 
 Mr. CYPERT said, that with this understanding, he had no objection 
 to the adjournment. 
 
 Mr. HICKS, by consent, withdrew the call for the yeas and nays. 
 
 The question was then taken; and the motion, as amended, was agreed to ; 
 
 And thereupon, at 12.15, p.m., the Convention adjourned, to 10, A.M., 
 of Thursday, January 16th. 
 
 ( 129 
 
1868.] DEBATES AND PEO0:BBDI]SrGS OF THE [Thursday, 
 
 Ashley County Election.— MATTHEWS— BBOOKS—OYPEKT. 
 
 EIGHTH DAY. 
 
 Thursday, January lUh, 1868. 
 
 Convention met, pursuant to adjournment. 
 Prayer was offered by the Eev. S. M. Hyde, Chaplain. 
 The roll was called ; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal of Thursday was read and approved. 
 
 ASHLEY COUNTY ELECTION, 
 
 Mr. MATTHEWS. I desire to present the credentials of Messrs. 
 W. D. Moore and George W. Norman, delegates from Ashley County; 
 and move that they be sworn, and admitted to their seats. 
 
 Mr. BROOKS. I understand that there are contestants claiming these 
 seats. I think it preferable to settle all these questions of admission^ 
 before gentlemen are qualified to take the seats. I therefore move that the 
 credentials of the gentlemen from Ashley be referred to the Committee 
 on Elections, with a view to furnishing an opportunity, to the parties con- 
 testing the seats, to bring before the Convention, through that Committee, 
 all the facts and considerations which may enable the Convention to reach 
 a just conclusion, and take such action as may be deemed proper in the 
 premises. 
 
 Mr. MATTHEWS. I think this a very unusual course. Since the per- 
 manent organization, there has been no reference of any credentials pre- 
 sented. Until any contestants, that may appear, shall claim their seats, the 
 gentlemen whose credentials are presented are entitled to those seats. 
 The credentials are regular. I protest against any such course as is pro- 
 posed. 
 
 Mr. CTPERT. There is but one class of credentials that can be pre- 
 sented to this body. I presume that an inspection of those now J)resented 
 will be sufficient to show whether they belong to that class. It will be 
 remembered that we are a convention of a peculiar style; and member- 
 ship here is known only by a particular species of credentials, issued in 
 the form of an order from the Commander of the District. I defer to 
 the opinion of others. I 'readily admit that Conventions assembled for 
 the same purposes with ourselves, would, under ordinaiy circumstances, 
 have control of these questions. But, understand me again, I assume 
 these' as extraordinary circumstances. But one class of credentials can 
 be presented ; and when so presented, the President of the Convention, 
 ( 130 ) 
 
Jan. 16th,] AEKANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 Ashley County Election.— CYPERT—McCLUEE— BROOKS. 
 
 surely, would see whether they came within that class, without any neces- 
 sity of their reference to a committee. The seat cannot be contested 
 until some one occupies the seat. "When the credentials come up in form, 
 and the party is sworn in, then, if the prima facie evidence presented hy 
 the first claimant could be set aside by other evidence, the seat might be 
 contested. But prima facie evidence is now presented, which cannot be at 
 all investigated until some one has the seat. 
 
 Mr. MoCLTJEE. There is a provision, in the Eeconstruction Act, which 
 reads as follows : 
 
 " No person excluded from the privilege of holding office hy said proposed 
 amendment " [" proposed by the Thirty-ninth Congress, and known as article 
 fourteen "] "to the Constitution of the United States, shall be eligible to elec- 
 tion as a member of the convention to frame a constitution for any of said 
 rebel States, nor shall any such person vote for members of such convention." 
 
 The Fourteenth Amendment declares : 
 
 "No person shall be a Senator or Representative in Congress, or elector of 
 President or Vice-President, or hold any office, civil or military, under the 
 United States or under any State, who, having previously taken an oath as a 
 member of Congress or as an officer of the United States, or as a member of 
 any State Legislature, or as an executive or judicial officer of any State, to 
 support the Constitution of the United States, shall have engaged in insur- 
 rection or rebellion against the same, or given aid and comfort to the enemies 
 thereof" 
 
 I move that the credentials be referred to the Committee on Elections, 
 and that that Committee be instructed to inquire as to the qualifications 
 of the delegates. 
 
 Mr. BROOKS. Having brought forward the motion, I wish only to 
 say, in response to the honorable gentleman on the other side of the 
 hall [Mr. Cypbrt], before the question shall be submitted to the Conven- 
 tion, that it is not a matter of course that no contest can be made until 
 there is a sitting member. I allege that it is perfectly legitimate, regular, 
 and justified by the most eminent precedent, that could be given in the 
 United States of America, that a contest may be made on a claim for a seat, 
 prior to any gentleman occupying it; and I hope this question may take 
 the direction indicated, and the Committee be instructed to bring before 
 the Convention all the facts in the case. I know none of the gentlemen ; 
 I do not know the political position of the contestants, pro or con — I have 
 never made inquiry. I have simply reliable information that a contest is 
 made for the seats, and upon good grounds. Of all that, this Convention 
 will judge when the facts are brought before it by the Committee. Cre- 
 dentials are eiraTply prima facie evidence of the election; and the whole, 
 matter ought properly to go to the Committee on Elections. 
 
 ( 131 ) 
 
1868.] DEBATES AND PROCEEDIlSrGS OF THE [Thursday, 
 
 Ashley County Election.— BRADLEY— BROOKS— CYPEBT— KYLE. 
 
 Mr. BEADLEY. It is with a good deal of diffidence that I rise, on this 
 floor, to speak on any question ; more especially upon one of the character 
 of that before the Convention this morning. I am sorry that these two 
 gentlemen, who come here duly furnished with credentials from the 
 General commanding, belong to a different political party from myself. 
 But I have set my record right before the world, on the point that my 
 political views can have nothing to do. with my action in this Convention. 
 I do solemnly protest against this Convention, under any mistake, or 
 under any bias, placing itself in the position of a set of asses, before the 
 world. 
 
 Mr. BROOKS rose to a point of order. The language of the gentleman 
 from Bradley was disrespectful to the Convention. 
 
 The PRESIDENT sustained the point of order. 
 
 Mr. BRADLEY. These gentlemen come here with credentials. Ac- 
 cording to the regulations under which we have been called together, they 
 must take their seats. We can recognize no other authority for a gentle- 
 man taking his seat, than a certificate from the General commanding. If 
 another gentleman contests that seat, he makes the contest, and presents 
 to the Convention the grounds upon which he makes it ; and these may 
 properly be referred to the Committee on Elections. But in the present 
 case legitimate credentials are presented, coming from the proper feource. 
 They have come here as my credentials came; and there was as much 
 authority to refer my credentials, and those from the gentleman from 
 Phillips, or any other member, as there is for referring those now before 
 the Convention. 
 
 Perhaps I was a little imprudent in my language. I ask pardon for it. 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. KYLE. I was merely about to remark, before recording my vote 
 upon the proposition before the Convention, that it is perfectly legiti- 
 mate, and customary, in all deliberative bodies of which I have had any 
 knowledge, that when gentlemen present their credentials in the usual 
 way, they shall become entitled to their seats. It is usual for them to be 
 qualified, and to become sitting members of the body; and if there are 
 contestants, and if those contestants have complied with the law on the 
 subject of notice,— in cases when any such law applies, — an investio-ation 
 into the merits of the case then takes place. I suppose that no law exists, 
 on the subject of notice, that would apply to this body. As regards Con- 
 gress, the law requires that the contestant shall give notice, to°the holder 
 of the certificate of election, of the intention to contest the seat ; and with- 
 out that notice the contestant's case vs^ould be foreclosed. I do not suppose 
 that any notice is requisite in this instance. But I understand that these 
 parties are entitled to be qualified and to take their seats. They may have 
 r 132 1 
 
Jan. 16th.] AEKANSAS CO]SrSTITUTIONAL CONVBlNrTIOlSr. [8th Day. 
 Ashley County Election.— KYLE— McOLUEE. 
 
 been informally elected, for what I know. I know nothing about their 
 election, nor of the grounds upon which it is contested. I only desire 
 that we conform our action to the usual course in cases of this kind. The 
 course suggested by my honorable friend from Phillips [Mr. Brooks], is 
 certainly correct in cases when the sitting members have been qualified, 
 and the seats are contested. There are then, as it were, parties to be sued. 
 But as the matter now stands, the applicants are outside parties. And if 
 it is competent to move to amend the proposition of the gentleman from 
 Phillips, I move so to amend that these members be now qualified, and 
 that they take their seats. 
 
 The PRESIDENT. The Chair would state that the motion of the gen- 
 tleman from Dallas [Mr. Kyee], would properly come before the Con- 
 vention in the form of a substitute. 
 
 Mr. KYLE. I will merely add that should the Convention see fit to 
 adopt the course ^hich I have suggested, it will be very easy, when the 
 contestants present themselves, for the proofs of the respective parties to 
 be duly investigated by the Committee on Elections, and referred back to 
 this body, for its decision. 
 
 Mr. McCLURE. Much has been said about the propriety of the pro- 
 posed reference to the Committee on Elections. I know that there are 
 many men who have very little respect for the action and precedents of 
 the present Congress. But being a humble individual, and not endowed, 
 by the Creator, with ■ almost divine perceptions, which some other indi- 
 viduals have, I say, for one, that. I am willing to be guided by the pi'ece- 
 dents set by that body. In the case of the Kentucky members, when they 
 were presented upon the floor of Congress, to be sworn in, — without any 
 application or contest, from any source, — the entire matter of the qualifica- 
 tions of the members was referred. That is what we proposed in this 
 case. There is no contestant here. The sole object of the proposed refer- 
 ence is, to inquire into the qualifications of these gentlemen, within the 
 terms of the Reconstruction Act itself. 
 
 Mr. KYLE. As regards the case of the Kentucky members, it will be 
 remembered that the question, there, was, whether those members were, in 
 sentiment, rebels, and for that reason not entitled to their seats. 
 
 Mr. McCLURE. That is precisely the question I propose to raise here. 
 
 Mr. KYLE. I did not know that it was the object of the inquiry, to 
 ascertain whether these gentlemen from Ashley County were rebels. I 
 supposed it was some informality in the election, that was to be investi- 
 o-ated. In the case of the Kentucky members, it was charged that they were 
 not only rebels in sentiment, but that they had held high and responsible 
 positions under the Confederate Government. No question of the infor- 
 mality of the election then arose. But if the question is an inquiry into 
 the conscience of the men, — if we are to look into their antecedents, and 
 
 ( 133 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Thursday, 
 
 Ashley County Election.— KYLE— BRADLEY— McCLUEE—CYPERT. 
 
 inquire whether they are rebels at heart, now, or not,^ — seeking the de- 
 struction of the Government, — the question is a different one, and I have 
 nothing more to say. What I have said with respect to the proper 
 course in cases of contested elections, I am sure is correct. 
 
 Mr. BRADLEY. I would state that this very question has been referred 
 to General Ord. General Ord at one time countermanded the order by 
 which these gentlemen were authorized to take their seats. They had 
 started for this place, and had arrived at Monticello, when the order con- 
 firming the certificate was countermanded, and a new election ordered. 
 Upon investigation of the same facts which we would have to investi- 
 gate here, a new order was made out, authorizing them to take their seats. 
 The presumption of law is that the General commanding was satisfied 
 that these gentlemen were rightfully members of this body. 
 
 Mr. McCLURE. I would say, that General Ord has no authority to 
 determine that question. The Convention determines,* for itself, who are 
 members and who are not. 
 
 Mr. CYPEET. I do not wish to enter into an argument on this subject, 
 at all; but I will read a section of the first Supplementary Reconstruction 
 Act. 
 
 " Sec. 4. And he it further enacted, That the commanding general of each 
 district shall appoint as many boards of registration as may be necessary, con- 
 sisting of three loyal oflScers or persons, to make and complete the registra- 
 tion, superintend the election, and make return to him of the votes, list of 
 voters, and of the persons elected as delegates by a plurality of the votes cast 
 at said election ; and upon receiving said returns he shall open the same, ascer- 
 tain the persons elected as delegates, according to the returns of the officers 
 who conducted said election, and make proclamation thereof; and if a majority 
 of the votes given on that question shall be for a convention, the command- 
 ing general, within sixty days from the date of election, shall notify the dele- 
 •gates to assemble in convention, at a time and place to be mentioned in the 
 notification, and said convention, when organized, shall proceed to frame a 
 constitution and civil government according to the provisions of this act, and 
 the act to which it is supplementary;.; and when the same shall have been so 
 framed, said constitution shall be submitted by the convention for ratification 
 to the persons registered under the provisions of this act at an election to be 
 conducted by the officers or persons appointed, or to be appointed by the com- 
 manding general, as hereinbefore provided." 
 
 I hold that that section clearly points out the mode in which a prima 
 fade case comes before this Convention, — namely, upon the member's 
 bringing the prima facie evidence of his election, whereupon he becomes 
 entitled to his seat. If, however, he has perjured himself, in order to 
 become qualified under the law, that is another matter, and might be in- 
 vestigated under other and different proceedings. I am not going to con- 
 (134) 
 
Jan. 16th.] AEKANSAS CONSTITUTIONAL CONVENTION. [8th T>s,y. 
 Ashley County Election.— CTPEET. 
 
 tend upon the question of the right of this Convention to investigate that 
 matter; for before the claimant could receive a certificate from the 
 General, he must, according to another clause of the Act, which I have 
 not read to the Convention, be a registered voter. The certificate \a prima 
 facie evidence of his registration; for all these records_Are before the 
 General. If the claimant be charged with having perjured himself, in 
 order to place himself in the attitude of a registered voter, I do not know 
 but this Convention might enter into the examination of this question. 
 That, however, is not the question now. It is, simply, — shall these ;iiem- 
 bers be sworn in? and they have presented the sarae prima fade evidence 
 that has been presented by every member who now occupies a seat on this 
 floor. 
 
 Suppose a quorum should meet here, composed entirely of one political 
 party, with no one to investigate their credentials,- however informal, an3 
 should assume .that they were the duly qualified members, and invested 
 with authority to judge of the credentials of all others. In that case, we 
 should have no gentlemen of the other party admitted here. You see, 
 immediately, how preposterous it is to deny, to a person presenting the 
 prima fade evidence of his qualification, his claim to an immediate seat. 
 He can be ousted, whenever due reason shall appear; but until there is' 
 something before the Convention, to call in question the prima fade 
 evidence presented by the certificate of election, the member must be 
 sworn in. 
 
 The question being upon the substitute offered by Mr. Kyle, 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question 'was then taken; and it was decided in the negative, — 
 Yeas 29, Nays 31, as follows : 
 
 Yeas : Messrs. Bradley, Corbell, Cypert, Duvall, Exon, Gantt, Grey of Phil-' 
 lips, Harrison, Hatfield, Hollis, Hodges of Crittenden, Hoge, Houghton, Kyle, 
 Langley, Matthews, McCown, Owen, Portis, Priddy, Puntney, Eawlings, Eey- 
 nolds, Shoppach; Sims, Yan Hook, Walker, Wilson, and Wright— 29. 
 
 Nats : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Gray 
 of Jefferson, Hawkins, Hinds, Hinkle, Hodges of Pulaski, Hutchinson, Mal- 
 lory, Mason, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Poole, 
 Eector, Sams, Samuels, Scott, Smith, Snyder, White, Williams, and Wyatt— 31. 
 
 So the substitute was rejected. 
 
 Pending the eallj 
 
 Mr. SAMS asked to be excused from voting. 
 
 '^o objection being made, 
 
 Mr. SAMS was excused. 
 
 Before the vote was announced : 
 
 ( 135 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Thursday, 
 
 Ashley County Election.— GENERAL DEBATE. 
 
 Mr. GANTT having occupied his seat, 
 
 Mr. CYPERT asked leave for Mr. Gantt to have his vote recorded. 
 Mr. HODGES, of Pulaski, moved a call of the house. 
 Mr. REYIfOLDS rose to a point of order : a call of the house could 
 not be taken pending the calling of the roll. 
 The PEESIDEJSTT sustained the point of order. 
 
 Messrs. BROOKS and McCLURE argued for the regularity of the call 
 of the house. 
 
 Mr, REYNOLDS rose to a point of order. The President had given his 
 decision, and no appeal had been taken. Debate was plainly out of order. 
 The PRESIDENT stated that his decision had been given upon the 
 ground that the Chair could find no authority sustaining the right to a 
 call of the house, pending the call of the roll. The Chair would gladly 
 receive the suggestions of members upon the subject. 
 
 Mr. BROOKS insisted that a call of the house was in order at all times. 
 Mr. CYPERT renewed the point of order. The debate was clearly 
 irregular, and the object of the delay was transparent. 
 Mr. GANTT recorded his vote in the affirmative. 
 Mr. SAMS desired to record his vote in.the negative. 
 Other members having recorded their votes. 
 The result of the vote was announced, as above. 
 
 The question then recurring upon the motion to refer the credentials to 
 the Committee on Elections, 
 
 Mr. CYPERT said: I did not intend to make any argument on this 
 question: but if there is any fairness to be exercised here, I do hope that 
 gentlemen will consider the attitude in which they are placing themselves. 
 Never has there been a precedent for sustaining a proposition like that 
 now before this body. I think that no gentleman can show a precedent 
 ^ for referring credentials, proper upon their face, to a committee. I repeat, 
 what I have before insisted upon, that the credentials constitute the prima 
 fade evidence of title to a seat; and that the certificate of election consti- 
 tutes, in this case, the credentials. Prima facie evidence may always be 
 set aside after the party has taken his seat. But we ha^e no contestant 
 here. I do not wish to refer to unpleasant circumstances; but here it 
 becomes necessary. Two members have been admitted here without any 
 credentials at all.. 1 made no contest about it, as I had no wish to interfere 
 with the matter. But it is a fact that two members have been admitted 
 whose election was declared void, and a new election thereupon ordered' 
 There was no contestant; and I, for one, did not feel disposed to interfere 
 until some contestant presented himself, upon the new election. Now gen- 
 tlemen present themselves, furnished with new credentials, and are denied 
 their seat; while others can come without any credentials whatever 
 and, upon the mere evidence of certain individuals, are admitted to their 
 ( 136 ) 
 
Jan. leth.J AEKANSAS CON'STITUTIOlSrAL CONVENTION. [8th Day. 
 Ashley County Election.— HODGES— CYPEET—BKOOKS. 
 
 seats without so much as a proposition to refer the matter to a com- 
 mittee. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. I would ask 
 whether the gentleman is correct in the statement that any such occur- 
 rence as he mentions has taken place ? 
 
 Mr. CYPERT. I have been so informed, by a gentleman who has his 
 seat here. 
 
 The PRESIDE]SrT. The Chair will make an explanation. Yesterday, 
 at half-past ten in the morning, Special Order No. 3, revoking the cre- 
 dentials of the delegates from Ouachita County, was delivered to me, by 
 an orderly; being the tirst notice the Chair had received on the subject. 
 
 Mr. CYPERT. I did not know how it was that these gentlemen were 
 admitted, or that they had not regular credentials. 
 
 The PRESIDENT. The Order is dated January 4th ; but was not re- 
 ceived by the Chair until yesterday. 
 
 Mr. CYPERT. I did not know the condition of things; nor had I any 
 disposition to dispute the matter; but there were gentlemen upon this 
 floor who did know the condition of things, and no objection was made. 
 But now, when these gentlemen from Ashley present themselves, with 
 regular credentials, they are denied their seats. It occurs to me that this 
 state of facts may arise from political motives. I do not know that it is 
 so — it merely occurs to me. But I had hoped that there were gentlemen 
 here, sufficient in number to sustain, as many will, the rules of propriety 
 and order, in a body of this kind. 
 
 I shall vote against the motion to refer. 
 
 Mr. BROOKS. I shall detain the'Convention with a single word. As I 
 took occasion to say that the proposed action was not without precedent, 
 and the honorable gentleman on the other side of the house questions our 
 ability to furnish any, I will only say that in the case which arose before 
 the House of Representatives of the Fortieth Congress, — the case of 
 McKee, who was the contestant, the other party holding the regular 
 credentials, — the credentials of the member contesting the seat, with all 
 the papers, et coetera, were referred to the Committee on Credentials, and 
 the party holding the credentials was not permitted to take his seat. In 
 the other case referred to, there was no question of contest; and, in one 
 case, — that of G-eneral Crittenden, — none as to loyalty. But under the 
 circumstances, the House of Representatives felt fully authorized to refuse 
 seats to all the members. I refer especially to the case of McKee. 
 
 Mr. CYPERT. "With reference to that particular case, I would^-siate- 
 that the party contesting gave notice of his intention to contest, and the 
 matter was regularly referred to the House. In the present case there has 
 been no notice of contest, and the gentlemen have come here without any 
 idea that their admission would be disputed. 
 
 ( 137 ) 
 
1868.] DEBATES AND PEOCEBDmGS OP THE [Thursday, 
 
 Ashley County Election.— CTPBET—HOGE. 
 
 But I have another precedent, in the case of General Shields, who, a 
 number of years ago, was elected a Senator of the United States from 
 Illinois. It was contended that he had not been a citizen of the United 
 States for the requisite number of years. He was allowed to hold his seat 
 until the matter was determined; and in order to decide upon his qualifi- 
 cations, the evicjence was all referred to a committee, after he bad taken 
 his seat. 
 
 Mr. HOGE. I see no analogy between the case cited and the present 
 one. We meet under extraordinary circumstances. No body has ever 
 assembled in Arkansas, between which and this Convention a comparison 
 can be made. We go to the military commander to get our credentials; 
 and from his decision we have no appeal. So, at least, I had supposed. 
 If gentlemen claim that we can override the military, and if that position 
 be correct, I move, as an amendment, the appointment of a committee 
 to inquire into the conduct of the commanding General, and, if he has 
 exceeded his powers, that we reprimand him. 
 
 Mr. BROOKS asked for the yeas and nays upon the amendment pro- 
 posed by Mr. Hogb. 
 
 Mr. HOGE. My position is this : that we cannot go back of the mili- 
 tary authority; but if the Convention is to assume the privilege of denying 
 these gentlemen their seats, then, upon that ground, I submit the propo- 
 sition for a committee of inquiry. 
 
 Mr. HODGES, of Pulaski, renewed the call for the yeas and nays, upon 
 the amendment of Mr. Hoge. 
 
 Mr. HOGE, by consent, withdrew the amendment. 
 
 Mr. GAl^TT asked for the yeas and nays upon the motion to refer to 
 the Committee on Elections. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, ^Yeas 45, 
 
 'Nsija 19, as follows : 
 
 Yeas : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle.Hollis. 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Kelly, Kyle, Langleyi 
 Mallory, Mason, Misner, Millsaps, Montgomery, Murphy, McOlure, Oliver, 
 Poole, Priddy, Eawlings, Eector, Eounsaville, Sams, Scott, Smith, Snyder, Van 
 Hook, Wilson, White, Williams, Wyatt, and the President— 45 
 
 Kays: Messrs. Bradley, Corbell, Cypert, Duvall, Gantt, Harrison, Hodges of 
 Crittenden, Hoge, Matthews, McCown, Owen, Portis, Puntney Eeynolds 
 Samnela, Shoppaoh, Sims, Walker, and Wright — 19. ' ' 
 
 .So the credentials of Messrs. Moore and I^orman, delegates from Ash- 
 ley County, were referred to the Committee on Elections. 
 Pending the call of the roll, 
 { 138 ) 
 
Jan. 16th.] AEKANSAS COlSrSTITUTIONAL CONVENTION [8th Day. 
 Ouachita County Election.— McCLUBE—CYPERT. 
 
 Mr. WILSO]!*r said : If I vote Aye, I do so in the hope that this ques- 
 tion, by being referred at once, may be settled without delay. 
 
 OUACHITA COUNTY ELECTION. 
 
 The PRESIDENT announced that he had received, from the General 
 commanding the Fourth Military District, an official copy of the follow- 
 ing order : 
 
 Hbadquabtbbs Eotteth Militakt District, 
 
 (Mississippi and Arkansas) 
 
 HoLLT Spbinqs, Miss., January 4, 1868. 
 
 Special Ordees ; 
 No. 3. 
 
 II. Official information having reached the General Commanding, since the 
 issuance of G-eneral Orders No. 43, series of 1867, from. these Headquarters, 
 announcing the names of delegates to the Constitutional Convention of Arkan- 
 sas, that in the election in Ouachita County of that State, in so far as the 
 election of delegates was concerned, frauds and illegalities were committed — 
 that election, so far as it relates to the election of delegates, is hereby declared 
 invalid, and another ordered, which will be conducted as follows, and in ac- 
 cordance with the provisions of General Orders No. 31, series of 1867, from 
 these Headquarters : 
 
 An officer of the Army as registrar, to be detailed by the Commanding 
 Officer of the Sub-District of Arkansas, will, with his judge and clerk of elec- 
 tion, after seven (7) days' notice, given by handbills distributed throughout the 
 County, open a poll at the County-seat, to be kept open on two (2) consecutive 
 days, from 8 o'clock, a.m., to sunset of each day, at which all registered 
 voters of the County may vote for delegates to represent them in the Consti- 
 tutional Convention. The delegates previously declared elected for that 
 County, will not be furnished with certificates of election, nor be permitted to 
 take their seats in Convention. 
 
 By command of Brevet Major General Ord. 
 
 O. D. Geeene, 
 
 Assistant Adjutant General. 
 
 Mr. McOLUEE moved that the Order be referred to the Committee on 
 
 Elections. 
 
 Mr. CYPERT. I have no disposition to contest the seats of those gen- 
 tlemen ; but in order to preserve my consistency, — with a view of 8usta,ia-~ 
 ing, and acting in accordance with, the programme laid down by the military 
 authorities, for this election,— I shall vote against the reference. The ques- 
 tion arises directly upon the military orders upon which these gentlemen 
 
 ( 139 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Thursday, 
 
 Printing of the Convention— Adoption of the Constitution of 1864.— CTPBKT. 
 
 must obtain their claim to their seats. I have no disposition to oust them. 
 There is none here to contest their seats ; but we are here by military 
 authority ; and if you intend to act contrary to military authority, we 
 might be called rebels, and I don't want to be called a rebel, again. 
 
 The PEESIDEISTT. The Chair will state that the case is a different one 
 from that which was presented here this morning. These gentlemen have 
 been duly sworn in. The date of the reception of the order, I had 
 endorsed upon the official copy itself, in order that I might not be held 
 responsible, in any way, for the delay. 
 
 Mr. PORTIS. I am one of the members referred to. I have a certifi- 
 cate, here, from the President of the Board of Registration, setting forth 
 the result of the election. I came here with that; and, after my arrival 
 here, received this Order, directing that a new election should be held. 
 The election is ordered to be held to-morrow or next day. I shall abide 
 ,the decision of that election. Then, if anybody comes here to contest my 
 seat, I respectfully submit, the Convention can decide the matter. 
 
 The PRESIDENT. The Chair understands that the gentleman from 
 Ouachita [Mr. Portis] has been qualified as a member of the Convention. 
 
 Mr. PORTIS. I have been qualified, and have acted with the Conven- 
 tion since its organization. 
 
 The question was then taken on the motion to refer the Order to the 
 Committee on Elections ; and the motion was agreed to. 
 
 PRINTING OF THE CONVENTION — RESUMED, 
 
 No petitions, reports, resolutions, motions, or notices, being presented. 
 The PRESIDENT announced, as next in order, the unfinished business 
 of the previous day, being the consideration of the following resolution : 
 
 Resolved : That the Committee on Printing be instructed to contract, for the 
 printing that may be ordered, with the lowest bidder, and report their action 
 to this Convention, for its approval. 
 
 Mr. BROOKS moved that the resolution be referred to the Committee 
 on Printing. 
 
 The question was taken ; and the motion was agreed to. 
 
 ADOPTION OF THE CONSTITUTION OF 1864 — RESUMED. 
 
 The PRESIDENT announced, as next in order of business, the special 
 _ord^r of the day; being the consideration of the Ordinance entitled "An 
 Ordinance adopting a Constitution." 
 
 Mr. BROOKS asked for the yeas and nays. 
 
 Mr. CYPERT. If the Convention has progressed, in the discussion, as 
 ( 140 ) 
 
Jan. 16th. J ARKANSAS CONSTITUTIOlSrAL CONVENTION. [8th Day. 
 Adoption of the Constitution of 1864.— CYPERT. 
 
 far a8 they desire, I wish to reply; but, as the rules require, not until all 
 have spoken. 
 
 The PRESIDENT. Under the rule, the gentleman from White [Mr. 
 Cypert] will have the closing of the debate. If there are no further re- 
 marks to be made, the gentleman from White has the floor. 
 
 Mr. CYPERT. In presenting this Ordinance, Mr. President, I was 
 actuated by the purest motives, and believed that its adoption would con- 
 duce to the best interests of the country. I have listened to the objections 
 which have been urged against its passage ; and I still affirm my belief 
 that it should be accepted by this body. I proceed to assign the reasons 
 in favor of its adoption. 
 
 First, it disorganizes no department of our State Government. It in- 
 troduces no confusion into our State affairs. It creates no necessity for 
 ousting gentlemen whom the people have placed in position as their serv- 
 ants. It confirms that which has been established and recognized, within 
 the limits of the State of Arkansas, as the organic law of the State, for over 
 three years. It perpetuates that form of government, in the State of 
 Arkansas, which has been recognized by the Government of the United 
 States, during that period. It perpetuates that form of government which 
 has been recognized by the Government of the United States, in all its 
 departments, in every State of this Union. For that reason, if for no 
 other, in the present condition of the country, we should adopt the present 
 Constitution of the State." We have learned its workings. We know 
 what it requii-es of us. We know what officers are employed under it. 
 We know how to govern the State under it, and have just begun to be- 
 come accustomed to the new order of things, established under its pro- 
 visions, which has been the result of the late rebellion. 
 
 In order to establish my position that the present Constitution has been 
 recognized by the General Government, I shall be obliged to recapitulate 
 some things which have been already said upon this floor, and shall neces- 
 sarily have to refer to arguments of gentlemen of high authority. If the 
 State Government of Arkansas was not a government de jure, how is it 
 that, to-day, the State is apportioned into districts of one of the cir- 
 cuits of the United States Circuit Court ? The acts of the Circuit Court 
 of the United States, sitting in Arkansas, are recognized by the highest 
 judicial authority known to our Government. The State of Arkansas, 
 then, was, de jure, a State government, when the Supreme Court of the 
 United States apportioned its territory into districts of the Circuit Court. 
 The Court is actually held here. Appeals from its decisions go up to the 
 Supreme Court of the United States, its jurisdiction is acknowledged, 
 and the cases are in every respect examined like those coming from the 
 districts of any other part of the country. The State of Arkansas, then, 
 has been recognized by the highest JMc^zmZ authority of the United States. 
 
 ( 141 ) 
 
1868.] DEBATES AND PEOCEEDmGS OP THE [Thursday, 
 
 Adoption of the Constitution of 1864.— CTPEET. 
 
 I assume, and no gentleman here will (Jare deny, that the Executive of the 
 United States has recognized the existence of a State government dejure, 
 here. If, then, our State government has been recognized, as of right, by 
 two of the departments of the United States Government, surely it ought 
 to be so recognized by us. If a State government has been recognized by 
 the Judicial and Executive Departments of the General Government, I say 
 that Congress has no right to disregard it. And if so recognized, all the 
 proceedings under the present Reconstruction Acts, which force us into 
 the peculiar attitude in which we find ourselves placed, are outside of the 
 Constitution of the United States, and null and void; and no man here 
 tO'day is bound, if he has sworn to support the Constitution, to violate his 
 oath by carrying out proceedings based on measures thus adopted outside, 
 and in contravention, of that great fundamental law of the Government. 
 
 I have thus far assumed that gentlemen were correct in their assertion 
 that Congress has in no manner recognized the present State Government. 
 That it has been recognized by the National Executive, is, I believe, un- 
 disputed. I do not believe that any gentleman will deny that the Supreme 
 Court has recognized it as a government dejure. But it is contended that 
 Congress, by refusing to receive our representatives, has declined to recog- 
 nize ns, and that therefore we have only a provisional government, — a 
 government merely de facto. Sir, Congress has denied that we are pos- 
 sessed of a State government, not otherwise than by the refusal to re- 
 ceive our representatives. But I will show you, on the other hand, that 
 they have in more ways recognized us than they have disregarded us, as 
 a duly organized State. They have recognized us by apportioning to us 
 our portion of the direct tax, under the Constitution of the United States, 
 which provides that such taxes "■shall be apportioned among the several 
 States," in the ratio of representation. Had they apportioned the tax 
 to us upon the basis of our representation', they would never ha-ve appor- 
 tioned any, for we have no representation. But by apportioning to us 
 our share of the direct tax, they have recognized us as a " State." The 
 Constitution authorizes no other basis upon which the apportionment can 
 be made. They must have recognized our right to representation in Con- 
 gress, in order to charge us with the tax. 
 
 Then, sir, they have recognized us in another way. They have submit- 
 ted to us the proposition to amend the Constitution of the United States; 
 the State Legislature,'cal]ed under this Constitution which I propose we 
 shall re-enact, adopted the Amendment so submitted; and that Amend- 
 ment, ratified by such authority, has been accepted, by every department 
 of the National Government, as validly adopted. I refer, of course io the' 
 Amendment abolishing slavery. TM vote of Arkansas was counted, in making 
 up the number of States necessary /^f the ratification of that Amendment. Here 
 then, is the second instance ^f recognition. 
 ( 142 ) 
 
Jan. 16th.] AEEANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 Adoption of the Constitution of 1864.— CTPEET. 
 
 Again, Congress recognized us by submitting another proposition for 
 the amendment of the Constitution of the United States — that known as 
 the "Fourteenth Amendment." That proposition was duly submitted to 
 the State of Arkansas, and its adoption duly recommended by the Executive 
 of the State. There is the third instance of Congressional recognition. 
 
 I return, now, to the second instance I have cited. If the proposition 
 be correct, that the State of Arkansas, and other States which have been 
 in rebellion, were not, at the time when the Thirteenth Amendment to 
 the Constitution of the United States was submitted to them for ratifica- 
 tion. States in the Union, then that Amendment was not properly ratified, 
 and has never been adopted. That Amendment has been recognized, by 
 Congress, and by all the departments of the Government, as duly ratified. 
 Yet, I repeat, if the seceding States had no authority, as States, to ratify 
 that Amendment, then a sufficient number of the States have not approved 
 it. Upon the theory of Congress, therefore, — if that be indeed their 
 theory, — that we have no State government, the negroes in the South 
 have not been freed, and are not free to-day. Sir, Congress simply stulti- 
 fies itself. "We contend that the negroes are free, and that they have been 
 made free through the action of the States lately in rebellion. I presume 
 no gentleman will say, for one moment, here, that the negroes are still 
 slaves. ISTor will any contend that the' Proclamation of the President set 
 them free. The highest judicial tribunals of several States have rendered 
 their decision upon that subject, to the contrary effect. But even if the Proc- 
 lamation had the eff'ect, in law, of freeing the negroes, whom it assumed 
 to emancipate, there were still localities, — Kentucky, and elsewhere, — 
 which were expressly excepted from the operation of that Proclamation, by 
 the terms of the instrument itself. In those excepted sections, then, upon 
 any hypothesis that can be formed, the blacks were not freed, unless by 
 the adoption of the Thirteenth Amendment. Assuming, now, that ours 
 is not a State government dejure, it follows that the slaves in those parts 
 have never been set free. Sir, gentlemen must accept one or the other 
 horn of the dilemma. You must admit that Congress is in the wrong, in 
 the present attitude of resort to a government of force, and that the State 
 governments in the South possessed all the elements necessary to a gov- 
 ernment of right — for this was the exercise of the highest power known 
 to a State government, that of amending or altering the Constitution of 
 the United States; or you must admit that the Amendment so ratified is 
 no part of the Constitution of the United States. I say, it is the highest 
 power which a State, in its corporate capacity, can exercise, to assist in 
 amending the organic law of this great, glorious, and reverenced Repub- 
 lic. If we have power to exercise the crowning act of State authority, 
 we surely are competent to exercise any and all others. 
 
 By what right, then, does Congress ravish us with military force, in 
 
 ( 143 ) 
 
1868.] DEBATES AND PEOOBEDINGS OP THE [Thursday, 
 
 Adoption pf the Constitution of 1864.— CTPBET. 
 
 order to prevent the exercise, by the State Government, of its own voli- 
 tion ? In the enumeration of the powers of Congress, we find no grant of 
 such authority. We find that in time of invasion and rebellion, martial 
 law may be proclaimed. Did any invasion, any rebellion, exist at the time 
 of the passage of this Military Bill ? No gentleman in this house will 
 dare affirm there was, unless he is callous to truth. Who was in arms in 
 the State of Arkansas, ou the 2d of March, 1867 ? Where was there a 
 body of men, or a single man, in rebellion ? Where was there an armed 
 force resisting the laws of the United States ? There was none here ; nor 
 was there in any Southern State. The gentleman alluded to my use, the 
 other day, of the word " liar," or " falsehood." I used this expression, — 
 that Congress, in order to found a claim of right to do an unusual thing, — 
 in order to travel outside the Constitution, — prefixed, as preamble to their 
 Reconstruction Act, a falsehood, on which to base their unconstitutional 
 measures. 
 
 " Whereas no legal State governments, or adequate protection " 
 
 That is disingenuous. They might have said, no adequate protection 
 existed in some of the reorganized States, and it might have been true. 
 But they join a statement which might have been partially true of some 
 localities, with another, totally destitute of truth, and concoct a double 
 statement, in which the truth shall help carry ofi" the error. — 
 
 "Whereas no legal State governments or adequate protection for life or 
 property now exists in the rebel States of Virginia, JSTorth Carolina, South 
 Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Ar- 
 kansas; and whereas it is necessary that peace and good order should be 
 enforced in said States until loyal and republican State governments can be 
 legally established : Therefore — 
 
 "Be it enacted — ." 
 
 Well, sir, if this be true, if no legal State governments exist in these 
 ten named States, then J say to the negroes in Kentucky, Western Vir- 
 ginia, and portions Of Louisiana, they are still slaves in law; since the 
 instrument by which they were proclaimed emancipated, has never become 
 a portion of the Constitution. 
 
 Sir, in my opening argument I asked gentlemen to show any authority, 
 upon their hypothesis, for the announcement of the ratification of that 
 Amendment; and not one has so much as attempted to produce it. All the 
 argument which they have attempted to bring forward, has consisted in 
 mere allusions to the general history of the country, and in the use of the 
 phrases, " rebellion," « secession," and « disloyalty "—the old cry in times 
 of rebellion. That old cry of "Rebel!" "Disunion!" "Disloyal!" has 
 comprised the beginning, middle, and end, of the entire argument offered 
 ( 144 ) 
 
Jan. leth.J AEKANSAS CONSTITUTIOlSrAL CONYENTION. [8th Daj-. 
 Adoption of the Constitution of 1864.— OYPERT— BEOOKS. 
 
 Not one gentleman has undertaken to say whether the present govern- 
 ment of Arkansas is a State government, or not ; none has attempted 
 to say whether it is republican in its form. It was assumed, however, by 
 a gentleman on the other side of the house, that I was incorrect in my 
 ideas of the history of ray country ; that at the time of the adoption of 
 the Constitution of the United States, the negroes were allowed a vote 
 upon the question of ratification, in every State except South Carolina. 
 Now, this is my reading of that transaction. When the Convention had 
 adopted the Constitution, it was submitted to the States, in their capacity 
 as corporate bodies, and not to the people, to ratify or reject. The State 
 of North Carolina rejected it, and for three years hesitated to enter the 
 Union. And I now assert that the State of North Carolina was the only 
 one, at that time, which permitted free negroes to vote at its elections; 
 and even there, they could vote for Senator only, in case they were free- 
 holders. And she, mark you, rejected the Constitution. In 1836, the law 
 of North Carolina in that regard was changed. So much for that position. 
 
 It is said that the Constitution of 1864 is to be rejected, not because 
 it is not essentially the same with that of the other States of the Utiion, 
 but simply because it does not give the elective franchise to the negroes. 
 That is the only argument employed. One gentleman [Mr. Brooks] said 
 he was not a proscriptionist — he was for enfranchising all classes. I know 
 the gentleman is mistaken. I know that he is in favor of proscribing in- 
 dividuals. "Ah!" he will answer me, "but that is only a punishment 
 for rebellion, incurred because those so proscribed have proven them- 
 selves unworthy." But where do you get the authority to judge of a 
 man's crimes ? Are not the courts of the country open for their trial ? 
 and does not the Constitution of the United States award to every man 
 accused of crime a trial by his peers, to determine the question of his 
 guilt ? It does not allow you to say what punishment shall be inflicted 
 upon individuals, for crime. If you have a right to assume that I have 
 committed treason, you have a right to assume that I have committed 
 murder. Legislative bodies have no power or authority whatever, under 
 our form of government, to investigate such questions. Again you travel 
 
 outside the Constitution of your country. No proscriptionist is this 
 
 gentleman ; he is extremely liberal ! He mistakes his own nature ! I know 
 he is a proscriptionist. I know he is illiberal. I know he has assisted in 
 excommunicating members of the denomination to which he belongs, on 
 account of their political opinions. 
 
 Mr. BROOKS. I I'ise to a point of order; and I should be gratiiied if 
 I might also — since I seem to be personally alluded to, — ask the gentle- 
 man for his specifications. He made that remark the other day, in his 
 address — I supposed it to refer to myself, — that I had assisted to exclude 
 persons, on political grounds, from the communion of the Church, in the 
 
 10 (145 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thursday, 
 
 Adoption of the Constitution of 1864.— BEOOKS— CYPBET. 
 
 ecclesiastical denomination of which I am an unworthy minister. I not 
 only make a point of order, that remarks of that personal character, in 
 this body, are out of order, but I allege that the gentleman is wholly misin- 
 formed; that there is no shadow of a shade of truth, to justify such a remark, 
 in the history of twenty-five years of my connection with the Church. 
 
 The PEESIDEISTT sustained the point of order. 
 
 Mr. CYPEET. I desire to keep within bounds, and do not wish to do 
 any gentleman injustice. 
 
 I turn from my partial digression, to resume the consideration of the 
 argument that we ought not to adopt the present Constitution, for the 
 reason that it fails to extend the elective franchise to the negro race, 
 whereas they are entitled to it as a portion of the inhabitants of the 
 country. I repeat what I said, the other day, that the elective franchise is 
 always confined to a class. To confirm my views, I recite the language of 
 one of the foremost advocates of free government in history, that of 
 Thomas Jefterson, — I quote substantially — that " a republican form of 
 government is based upon.the virtue and intelligence of the people; hence 
 the -necessity of awarding to classes the elective franchise." What were 
 those classes ? The voters must be twenty-one years of age. They must 
 be citizens ; and must possess still some other qualifications. It has never 
 been the case that all classes were allowed to vote. The very word " fran- 
 chise," as every lawyer will bear me out in saying, means a particular, and 
 not a general right. It is not a franchise that belongs to everybody, I 
 say, then, that, under the doctrine of Jefferson, the elective franchise has 
 been awarded to classes, /or- the purpose of perpetuating a republican form of 
 government, and as indispensable to the attainment of that end. For it was 
 only reasonable that the privilege of the ballot should be withheld, from 
 negroes, or from any other class, not citizens of the United States, destitute 
 of a knowledge of the principles and workings of our government, and 
 not by nature qualified to exercise with sufficient judgment the privilege 
 of the ballot. That privilege was consequently restricted to white men, 
 citizens of the United States, and twenty-one years of age. That is the 
 class known, to all the States, as voters. In some States there are some 
 other classes who, under certain restrictions, are permitted to vote ; but 
 the class to which I refer exists in all the States. Now I know, and every 
 man in this house knows, that, as a class, young men of the white race from 
 twelve to twenty-one, are more competent to exercise the elective' fran- 
 chise, than the negro race in the South. There is not an unprejudiced man 
 in this house, but knows this to be true. Then why do you propose to en- 
 franchise the negro race, as a class, and to keep unenfranchised the class 
 of whites from twenty down to twelve, known to be more intelligent, and 
 to be better informed concerning our form of government ? What is 
 your object ? What can be the m'otive ? I will tell you, sir ! " I was told 
 ( 146 ) 
 
Jan. 16th.J AEKANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 Adoption of the Constitution of 1864.— cyPEET— WYATT. 
 
 by one of the Republican members of this body, yesterday morning, or 
 the evening before. In the course of conversation with him, on this subject, 
 he told me, plainly, the motive. I asked him, as a citizen of Arkansas, 
 whose interests were identified with those of the State, — "Your interests 
 are all here ; you want to perpetuate the government of the State and of 
 the country, of which you are a citizen : why introduce an element, the in- 
 troduction of which you must /enow will tend to the ultimate dissolution of 
 that government ?" — ""We want the negro vote, to control you rebels !" 
 
 Mr. WYATT. I am the man you were talking to. 
 
 Mr. CYPERT. You are the man. 
 
 Mr. WYATT. That's what I want it for! [Laughter and applause.] 
 \_In his seat.'] I want it, to control just such men as you ! 
 
 Mr. CYPERT. Is it a pure motive ? I am not a rebel to the Consti- 
 tution of the United States, nor to the United States Governpient; and 
 never was. I am a rebel to fanaticism ! [Applause from the left of the 
 hall.] 1 am a rebel against oppression ! [Applause.] I am a rebel against 
 the proscription of my race ! I am a rebel against tyranny, forever ! [Re- 
 newed applause from the left.] [To Mr. Wyatt.] Are you that ? Are you 
 that ? But I am loyal to the Constitution of the United States; I am loyal 
 to the State of Arkansas; I am loyal to all the powers of our Covernment, 
 and never would violate a law. I have never been, I have never felt, 
 otherwise. I rebel against certain politicians; against politicians who 
 have no benefits to extend to their constituents. Is it a pure motive, that 
 leads us to seek the aid of ignorance, in order that we may overcome, put 
 down, and destroy, men whom we may consider rebellious? If you op- 
 pose Congress, and the Republican Party, you are a "rebel!" Loyalty, 
 in the lexicon of some gentlemen, means, fealty to the Republican Party 
 
 nothing more than that, and nothing less. I have, since I have been 
 
 in the city of Little Rock, heard members of the Republican Party called 
 rebellious, because they did not want to swallow everything that certain 
 Radicals wanted to cram down their throats. " You rebel, you !" " You 
 rebel, you !" In Radical parlance, if a man opposes the Radical Party, 
 he is " disloyal !" It is " played out!" Is the proposition of the gentle- 
 man from Searcy [Mr. Wyatt], a laudable one? Will he admit to the 
 ballot a class universally admitted to be incompetent to exercise intelli- 
 gently the elective franchise, simply in order to vent his party spleen upon 
 individuals? Is it laudable, or patriotic? Do you love your country 
 better than yourself? Do you desire to perpetuate the institutions of our 
 country to your posterity, or do you wish to keep up commotion and 
 strife within its limits, forevef ? If this is your wish, it is not a patriotic 
 one. The sole desire of the patriot, in civil matters, is for the prosperity 
 of his country,— for the transmission, to posterity, of the institutions 
 handed down to him by the founders of the Government. 
 
 ( 147 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Adoption of the Constitution of 1864.— CTPERT. 
 
 Again, I contend that the negro race, as a class, should not be permitted 
 the exercise of the elective franchise, for the reason that they are not citi- 
 zens of the United States. While I am a citizen, and sworn, as I am, to 
 support the Constitution of the United States, I cannot violate that oath 
 in order to enfranchise them. Does some gentleman ask, "Why? Are 
 they not born here?" Yes. " Why, then, are they not citizens?" It is 
 enough, for me, that the highest judicial authority known in the United 
 States has decided that they are not citizens. And that. Congress has de- 
 clared, by submitting to the States the Fourteenth Amendment to the 
 Constitution. Sir, is it not a most remarkable proceeding, that a class of 
 persons should be used as instruments to make themselves citizens of the 
 Union, whether the present citizens want them or not ? Is it not remark- 
 able, I repeat, that such a class should be permitted by their own acts to 
 install themselves as citizens? Suppose that Germany were to send 
 hither, at once, a sufficient number of her people to . constitute a great 
 power in the hands of a political party; and that they would not wait for 
 the ordinary process of naturalization; but Congress^ wanting their votes, 
 should immediately declare that all the States were in rebellion, and no 
 legal government existed within their borders, and should thereupon order 
 an election, in which these Germans should have the privilege of voting to 
 make themselves citizens. Would it not be considered a somewhat remark- 
 able proceeding? If these men are not now citizens of the United States, 
 we cannot afford them the right of citizenship, until we shall have changed 
 the Constitution. And we have not, yet, in that regard, changed the Con- 
 stitution. 
 
 I must advert to one view of the subject, which may seem remarkable, 
 and new, to gentlemen on this floor. We are under the domination of 
 crowned heads. We have for four years been under the domination of 
 crowned heads. What abolished slavery? England and France said, 
 " The Southern States are making this war in the interest of slavery ; on 
 that ground we are unwilling to recognize the Southern Confederacy; but 
 if you, the United States, are sustaining slavery, we may as well recognize 
 the South." President Lincoln thereupon issued his Proclamation, and 
 upon exactly that ground. Had that Proclamation not been issued, those 
 great powers would within sixty days have recognized the Southern Con- 
 federacy. 
 
 This was not all. The English Chamber of Commerce entered upon 
 the undertaking of procuring the production of cotton elsewhere than in 
 America. They have acquired such a, foothold, in that undertaking, that 
 it is, to-day, impossible for us successfully to compete with them. They 
 patted the Abolitionists on the back.- They thought the Abolitionists 
 would destroy the system of labor by which cotton was produced in the 
 United States, and that then the very competition, till then impossible, 
 ( 148 ) 
 
Jan. 16th.] AEKANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 Adoption of the Constitution of 1864.— CYPEET. 
 
 which now keeps our cotton at its present prices, would be rendered 
 practicable. That was accomplished; but still they were not satisfied. 
 The war closed too soon for their purposes. A system still existed here, 
 by which we would quickly have been able to resume, to a great extent, 
 our relative position to the powers of Europe. If they were to maintain 
 their ascendency, something must be done. Our natural advantages could 
 be counterbalanced only by some measure which should practically stop 
 the production of cotton in the Southern States. "Cotton," said they, 
 " has been their king. "We must destroy their king." The destruction 
 of the system of labor that produced the cotton of America, had still left 
 Europe unable to compete with us in time of peace. Then took place an 
 occurrence without a precedent in the history of the IJnited States. The 
 British Minister at Washington was invited to go before the Committee 
 of Ways and Means, at Washington, for consultation upon this subject. 
 He wanted seven cents tax upon cotton. The Committee couldn't go 
 that. " How much can you go ?" " We will give five cents a pound." 
 The bill was so reported. There were members^ of Congress still unwil- 
 ling to do this. They were willing to " punish rebels," but not to destroy 
 the commerce of America. The tax was reduced to three cents per pound. 
 And that protection to the European production of cotton, has been kept 
 up, not for the benefit of the United States, but to gratify the prejudices of 
 members, in the punishment of rebels. The result is, the country is pros- 
 trated, her commerce is ruined. The " king" of commerce is killed. We 
 can never again compete with the European production. The Republicans 
 may talk as they please of sympathy for the negro race ; my sympathy is for 
 the country, and for the country's good. When we shall have destroyed 
 our commerce, and brought on a repetition of internal strife, Europe may 
 reach over her arm, and say,—" Go in !" That is the situation we are in. 
 Thither we are driving, as fast as the Radical Party can push us to the 
 wall. We protect the European production • of cotton. I want the 
 negroes to understand me. They produce cotton. They have been the 
 partners of men who have produced it. I say to them,— you pay, to the 
 Government of the TJnited States, fifteen dollar^ on every bale you raise. 
 The Congress of the United States pretend to be your friends. Since the 
 time of which I have spoken, you have paid to the United States, fifteen 
 dollars on the bale, which is just about as much as the cotton, now-a-days, 
 is worth. And yet that very Government, which was thus unnecessarily 
 imposing that exorbitant tax, pretended, all the while, to be your devoted 
 friend. If voting costs you fifteen dollars on every bale you raise, don't vote ! 
 These are facts, which cannot be denied. I assume them as true, and 
 can produce the proof. I challenge any man to deny them. The tax last 
 year was fifteen dollars. It was then reduced to twelve and a half dollars. 
 And yet, this is the glorious Republican Party ! I have shown you how 
 
 ( 149 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Thursday, 
 
 Adoption of the Constitution of 1864.— CTPBET. 
 
 the result was arrived at, — it was through the influence of crowned heads, 
 acting upon the prejudices of the party dominant in Congress. I don't 
 want to tickle any class of men, in my country, on one side, and stab them 
 on the other. I don't want to amuse the negro race in the South, with 
 the idea that I am trying to fight for their enfranchisement, and at the same 
 time to put in my pocket everything they make, and so to keep them 
 poor, and keep them under me forever. I want to extend the protection 
 of the law to them. I do not wish unnecessarily to tax their labor. That 
 labor was once their masters'. It was then common for negroes to raise 
 four bales to the hand. At fifteen dollars per bale, — supposing that each 
 man raises the same amount at present, — you pay every year, to the Gov- 
 ernment of the United' States, for this glorious privilege of suffrage, sixty 
 dollars, — almost as much as a negro would hire for. You are, then, trans- 
 ferred from your former masters, only to become slaves of the dominant 
 party, — who, as I have said, tickle you on the one side and stab you on 
 the other. 
 
 But we were told, from the other side of the house, that we owe the 
 negroes a debt, — that they went honorably into the army, and fought for 
 the Union, and that they bared their bosoms and shed their blood upon 
 every battle-field. It was beautiful oratory ! What did they know of 
 patriotism, sir? They were not told that they were to fight to perpetuate 
 the Union. Had the Union been perpetuated as it was formed by our 
 fathers, they would still have been slaves. JSTo ! They were told, — " We 
 will make you free; for we hate your masters." They were told to hate 
 their masters. I say to their representatives ,on this floor, — the Government 
 formed by our fathers made you slaves — you were not fighting for the 
 Union— you were fighting for what you supposed to be a nobler cause,— 
 it was for your own freedom. The lovers of the Constitution and the 
 Union owe you no debt because they set you free. 
 
 Have we not paid every debt we owe, even were any due ? Although 
 the labors of the black race in this country have for generations been 
 given to the white man, have they not been amply compensated by the 
 corresponding benefits returned ? Where was your race ? From what 
 condition did we take you, to bring you hither ? You sought not the 
 change. You sought not Christianized society. In what state are your 
 brothers in Africa, to-day,— those who are in the same condition from which 
 your fathers were taken, when brought to America ? I will read from a 
 work written by Mr. Baker, an English subject, an opponent of slavery in 
 all its forms. He visited Africa to explore the soarces of the Nile ; and 
 his work presents a candid statement qf all that he witnessed in the course 
 of his travels : 
 
 " The black man is a curious anomalj^, the good and bad points of human 
 ( 150 ) 
 
Jan. leth.J AEKANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 Adoption of the Constitution of 1864.— CYPERT. 
 
 nature bursting forth without any arrangement, like the flowers and thorns of 
 his own wilderness. A creature of impulse, seldom actuated by reflection, the 
 black man astounds by his complete obtuseness, and as suddenly confounds you 
 by an unexpected exhibition of sympathy. Prom a long experience with African 
 savages, I think it is as absurd to condemn the negro, in toto, as it is preposte- 
 rous to compare his intellectual capacity with that of the white man. It is 
 unfortunately the fashion for one party to uphold the negro as a superior 
 being, while the other denies him the common powers of reason. So great a 
 difference of opinion has ever existed upon the intrinsic value of the negro, that 
 the very perplexity of the question is a proof that he is altogether a distinct 
 variety. So long as.it is generally considered that the negro and the white man 
 are to be governed by the same laws and guided by the same management, so 
 long will the former remain a thorn in the side of every community to which 
 he may unhappily belong. When the horse and the ass shall be found to match 
 in double harness, the white man and the African black will- pull together 
 under the same regime. It is the grand error of' equalizing that which ib 
 unequal, that has lowered the negro character, and made the black man a 
 reproach." 
 
 ******* 
 "In childhood, I believe the negro to be in advance, in intellectual quickness, 
 of the white child of a similar age ; but the mind does not expand ; it promises 
 fruit, but does not ripen ; andthe negro man has grown in body, but has not 
 advanced in intellect. The puppy of three months old is superior in intellect 
 to a child of the same age, but the mind of the child expands, while that of the 
 dog has arrived at its limit. The chicken of the common fowl has sufficient 
 power and instinct to run in search of food the moment that it leaves the egg, 
 while the young of the eagle lies helpless in its nest. But the young eagle 
 outstrips the chicken, in the course of time." 
 
 These are very legitimate comparisons, and correspond exactly with 
 the result of my observations of the negro race. The precocity of the 
 negro child is greater than that of the white — I know it from having seen 
 them play together. They pick up more quickly whatever knowledge 
 reaches the child through the natural organs of sight and hearing. But 
 the mind of the Caucasian race expands, looks to the future; it leaves 
 edifices behind it, it builds governments and kingdoms, it rears structures 
 that stand forever as monuments of the race. When was that ever done 
 by the African ? I mean, the negro. There are African races who are 
 not negroes. But where has the negro ever so much af attempted this ? 
 "Wherever he has made the effort, it has been an egregious failure. There 
 are shoots that come up, exceptions to the general rule. 1 speak of classes. 
 The occasional exceptions are sometimes remarkable ; but I speak of the 
 race as a class. 
 
 The conclusion, then, at which I arrive, is this. Let us afford to them 
 the protection of the law ; but let us not give them a privilege the exercise 
 
 ( 151 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Thursday, 
 
 Adoption of the Constitution of 1864.— C YPEET. 
 
 of which would be their inevitable destruction. Let us not continue, as 
 Mr. Baker says, that thorn ia the flesh of the community. Let us afford 
 them the same protection that our wives and our daughters have, — ^^the 
 right of liberty, the right of property, and of the pursuit of happiness. 
 Let us afford to them the same rights enjoyed by the white man under the 
 age of twenty-one. Let them be as minors. They are nothing but mi- 
 nors, as yet; and when they have proven, to a dispassionate people, that 
 they constitute a fit element for incorporation into our political body, it 
 will then be ample time to bring them in. "Why ask the State of Arkan- 
 sas to do that which has not been done by the States where the resident 
 negroes have not so recently been given their freedom ? In those States 
 the negro race is much more competent to the exercise of the elective 
 franchise, than with us. They are better educated. Yet, as a rule, they 
 have been denied the privilege of suffrage. Many of the most undoubt- 
 edly loyal States of this Union have but recently, on an issue distinctly 
 presented, refused to extend the franchise to a class of blacks decidedly 
 more intelligent than those of Arkansas. "Why do you ask us to do it ? 
 It can be from no other motives than those avowed by the gentleman 
 from Searcy. I have hoped that the majority of this Convention were 
 not ready to act from so impure and prejudiced a motive, a motive 
 prompted by the worst passions of human nature. Sir, let us extend to 
 those erring brethren who went into the rebellion, the hand of .forgive- 
 ness. Let us not do another wrong for the wrong they have done. Let 
 us make them our equals. Let us extend charity to them. Let us not 
 afiix a punishment to a crime not known to the law when the law was 
 made. If we do so, we violate the Constitution of the United States, and 
 the oath imposed upon us, to support that Constitution. We took that 
 oath. I took it gladly, for I love the Constitution of the United States. 
 I will not violate that oath by my consent to an ex pdsi facto law. 
 
 I had intended to say more; but my physical strength is failing, add I 
 shall have to desist. But I must appeal to the citizens of Arkansas, I 
 must appeal to you, for the sake of posterity, in the name of everything 
 that is sacred to an American citizen, not rashly to allow your prejudices 
 to run you into madness. I appeal to you, in the name of our common 
 country, in the name of God, who has set His stamp upon the different 
 races of mankind, — let us not do a thing which God Himself, in His reve- 
 lation of ]Sratur|, has forbidden. Let us not attempt to render homo- 
 geneous, races essentially dissimilar and unequal. Our fathers made a 
 government for the white man. Let us govern it. And if the African 
 race in our midst are fully protected in their legal rights, they enjoy all 
 the benefits which of right belong to them in our country, and all the 
 essential benefits of freedom. If they are not satisfied with that, and 
 want a country of their own, let the Government, in some reasonable 
 ( 152 ) 
 
Jan. 16th.] AEKANSAS CONSTITUTIONAL CONVENTION. [8th Day. 
 
 Incidental Expenses. — HINKLE. 
 
 way, prepare a home and a government for them. Let us not have, for- 
 ever, a thorn in our own sides — a bone of contention in our midst. I do 
 not beHeve that to bestow a proper education upon the colored race, and 
 to purchase for them a soil fitted for their nature, there to live, and, if 
 they would, to prosper, would require the amount of money that it has 
 taken to keep up a military government, and to hold us under Radical 
 rule, since the surrender. Give them, when placed in such a situation, a 
 year's subsistence, and all the necessary implements of industry. I want 
 them to prosper. But I know, from the examples of history, that as long 
 as we hold them among us, and keep them as a bone of contention in our 
 political affairs, they will remain a thorn in our feide. I do believe the in- 
 evitable result of the rule of the Radical Party, will be the devastation of 
 our country, and utter ruin to the African race among us. 
 
 INCIDENTAL EXPENSES. 
 
 Mr. HIKKLE [iffr. Bradley in the chair] asked leave to offer a motion 
 that the Doorkeeper be authorized to purchase brooms, for the purpose 
 of keeping clean the floor of the capitol ; and that the expense of the 
 same be defrayed from any moneys which might be appropriated to the 
 payment of the contingent expenses of the Convention. 
 
 ISo objection being made to the introduction of the motion, 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. HIN'DS moved that the Convention adjourn. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 1, p.m., the Convention adjourned to 10, a.m., of 
 Friday, January 17th. 
 
 NINTH DAY. 
 
 Friday, January nth, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal of the preceding day was read and approved. 
 
 ( 153 ) 
 
1868.] DEBATES AJS^D PEOCEEDINGS OP THE [Friday, 
 
 County-seat of Little River County.— SCOTT— HINDS— HICKS— KYLE. 
 
 COUNTY-SEAT OF LITTLE RIVER COUNTY. 
 
 Mr. SCOTT offered the following Ordinance : 
 
 Be it ordained by the People of the State of Arkansas, in Convention assembled: 
 That the County-seat of Little Eiver County be located at Eocky Comfort,- in 
 said County, and that said location shall be permanent, unless changed by a 
 vote of two-thirds of the registered voters of said County. 
 
 That the County Court of said County be authorized at any time to order 
 an election to ascertain the will of the people of said County; provided, that 
 no two elections shall be ordered or held within seven years of each other. 
 
 In case the said Court shall order an election, the vote shall be taken " for 
 removal," or " against removal." 
 
 In case two-thirds of the registered voters in said County vote for removal, 
 the County Court shall then proceed to order an election for three Commis- 
 sioners to locate said County-seat; who, upon receiving their certificates of 
 election from the Clerk of the County Court, shall proceed to locate the said 
 County-seat, without unnecessary delay. 
 
 Mr. HINDS moved that the Ordinance be referred to the Committee 
 on Memorials and Ordinances. 
 
 The PRESIDENT. The Chair is inclined to believe that ordinances 
 should take the same course as hills. 
 
 Mr. HICKS. I believe we came here for the purpose of establishing 
 the organic law of the State. This appears to be a subject rather for legis- 
 lation. I would like to know whether we are a legislative body, or a con- 
 vention? If we are to legislate on subjects of this character, and make 
 such legislation a part of the ponstitution, there will be nobody in. the 
 State able to understand the Constitution when we get done. 
 
 The PRESIDENT. The Chair presumes it is perfectly competent for 
 the Convention to pass an ordinance. 
 
 Mr. KYLE. I intend, before taking my seat, to move to refer that Ordi- 
 nance to the Committee on the Judiciary. And I shall do so for the pur- 
 pose of ascertaining whether this Convention proposes to enter upon a 
 course of general legislation. I had supposed that we had come here for 
 the purpose^ of revising the State Constitution. I am aware that some 
 questions will arise before us, which will require something of legislation. 
 But with reference to all questions that should properly be presented for 
 the action of the people through their legislative body, I hold that, unless 
 for some good and sufficient reason, we should confine ourselves strictly 
 to the object for the accomplishment of which we were called together. 
 If we propose to go into a system of legislation, and to do everything that 
 may be proposed, in that line, there is no telling how long we are to stay 
 here, or what is to be done. I do hope that the Convention will go to 
 ( 154 ) 
 
Jan. nth.] AEKANSAS CONSTITUTIONAL CONVENTION. [9th Day. 
 Lafayette County Election.— MONTGOMERY. 
 
 work, revise the State Constitution, — the legitimate object which the 
 people sent us here to effect, — accomplish our work, present it to the 
 people, for their consideration, and so provide that in case of the ratifica- 
 tion of the Constitution, a Legislature may be elected, to come here and 
 legislate for the State. Let us, as the nearest path to the accomplishment 
 of all desirable legislative measures, set the proper machinery of legisla- 
 tion at work, as speedily as possible, and not remain here, legislating, our- 
 selves, upon subjects over which, as I believe, we have no control. 
 
 For these reasons I move to refer the Memorial to the Committee on 
 the Judiciary, in order that we may have a report from that Committee, 
 upon that identical point, — whether we are to legislate, here, for the whole 
 State, upon every question of a legislative character that may be brought 
 before us, or whether we are simply to revise and amend the Constitution, 
 submit it to the people, and go home. 
 
 Mr. HODGES, of Pulaski. I, for one, do not believe we have any legis- 
 lative powers of this kind ; and for that reason I do not wish to enter into 
 the merits of the question. I think that if there is any legislation needed, 
 under this Constitution, tlje sooner we get the Constitution completed, and 
 ■ submit it to the people, the sooner the legislation will be accomplished. 
 That is all the speech I have to make on the subject. 
 
 Mr. BE00K8. I suppose there is no room for controversy upon the 
 subject. We propose to exercise legislative functions, so far as may be 
 necessary ih order to carry out the purpose of framing and submitting a 
 Constitution, and so organizing a government for the State — so far and 
 only so far. I think we are wasting time in discussing the merits of the 
 question, upon the subject of reference. The consideration of the merits 
 of tlie question properly belongs to the Committee on Ordinances. Let 
 us refer it there. I think there is no question as to the course which will 
 be taken in the matter. 
 
 The question was then taken on the adoption of the amendment ; and 
 it was not agreed to. 
 
 Mr. MONTGOMERY moved to amend by referring the Ordinance to 
 the Committee on Miscellaneous Provisions. 
 
 The amendment not being seconded. 
 
 The question was taken on the motion to refer the Ordinance to the 
 Committee on Ordinances; and the motion was agreed to. 
 
 LAFAYETTE COUNTY ELECTION. 
 
 Mr. MONTGOMERY presented the following memorial : 
 
 Little Kock, Ark., Jan. 16, 1868. 
 To the Son. President and Members of the Convention of the State of Arkansas : 
 Gentlemen : I respectfully represent that at an election in the County of 
 
 ( 155 ) 
 
1868.] DEBATES AND PEOCEEDING-S OF THE [Friday, 
 
 Adoption of the Constitution of 1864. 
 
 Lafayette, in said State, for delegates to said Convention, I was elected, by a 
 majority of six hundred votes, as one of said delegates. That said election was 
 set aside ; and that at a new election,, held by order of the military commander, 
 I received nearly all the votes east, according to the returns made to the mili- 
 tary commander of this Sub-District. That until returns are received from 
 headquarters 4th Military District, the General commanding this Sub-District, 
 cannot issue ther proper certificate. I therefore respectfully request that, in 
 accordance with the will of my constituents, so emphatically expressed, I may 
 be admitted to a seat in the Convention. 
 
 . Very respectfully, 
 
 A. K. Merrick, 
 
 Mr. MOJjrTGOMEEY. It is a notorious fact that Mr. Merrick was 
 elected by a majority of six hundred and nine votes. 
 
 Mr. CYPEET. I rise to a point of order. Does the communication 
 which has been read, come under the head of " notices, memorials, and 
 ordinances ?" I suppose the object of the rule on the subject of such 
 papers is, that these matters should not be taken up when others are 
 already pending, and unfinished. 
 
 Mr. HODGES, of Pulaski. To hasten matters, I move that the com- 
 munication be referred to the Committee on Elections, with instructions 
 to report as speedily as possible. 
 
 The PRESIDEH'T. The gentleman from Hempstead [Mr. Montgomery] 
 has the floor. 
 
 Mr. MOl^TGOMEEY. That is the motion which I rose to make. I 
 only desired to preface my motion by the statement of some facts ; and I 
 claim the right to do so. 
 
 I say it is a notorious fact that Mr. Merrick was elected, from- the 
 County of Lafayette, as one of the delegates to this Convention. Incon- 
 sequence of misrepresentations, et ccetera, his election was set aside, and a 
 new election ordered. He ran again, and received nearly all the votes. 
 He comes here and applies for a seat in the Convention. I have had con- 
 versation, in regard to this case, with the commanding General of this 
 Sub-District, whom I visited for the purpose of ascertaining what might 
 be his opinions on the matter. It is his desire and wish that the Conven- 
 tion admit Mr. Merrick, at once, to his seat in this body. 
 
 I therefore move that the application be referred to the Committee on 
 Elections, with instructions to report forthwith. 
 
 The question was taken ; and the motion was agreed to. 
 
 ADOPTION OF THE CONSTITUTION OF 1864— RESUMED. 
 
 The PEESIDENT announced, as next in order, the unfinished business 
 of the preceding day, being the consideration of the Ordinance entitled 
 { 156 ) 
 
Jan. 17th.J AEKANSAS CONSTITUTIONAL CONVENTION. [9th Day. 
 
 Payment of Deputy SheriflFs. 
 
 " An Ordinance Adopting a Constitution," providing for the adoption, 
 and submission to the people of the State, for ratification, of the Consti- 
 tution of 1864. 
 
 Mr. MONTGOMERY. For the purpose of keeping the old skeleton 
 down, during the balance of the session of this Convention, and that it 
 may not raise its head again, I move that the consideration of the subject 
 be indefinitely postponed. 
 
 The motion not being seconded, 
 
 Mr. HODGES, of Pulaski, said : The motion does not meet a second ; 
 and I hope we may be allowed to vote upon this question, directly, and to 
 record our yeas and nays, without any further trouble. The debate is 
 finished; and we can vote at once. 
 
 Mr. MONTGOMERY. I think that the yeas and nays can be taken 
 upon the question of an indefinite postponement. 
 
 The PRESIDENT. The gentleman [Mr. Montuombet] is out of order, 
 from the fact that there is not a second to his motion. 
 
 Mr. MONTGOMERY. I understood that there was a second. 
 
 The PRESIDENT. The question is, whether the Ordinance shall be 
 read a third time. 
 
 The question was taken ; and it was decided in the negative, — Yeas 10, 
 Nays 53, as follows : 
 
 Yeas : Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Owen, Eeynolds, Shop- 
 pach. Walker, and Wright — 10. 
 
 Nays : Messrs. Bradley, Belden, Bell, Beasley, Brashear, Brooks, Coates, 
 Corbell, Dale, Evans, Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hat- 
 field, Hawkins, Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of Pu- 
 laski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Mat- 
 thews, Misner, Millsaps, Montgomery, McClure, Oliver, Poole, Portis, Priddy, 
 Puntney, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, 
 Smith, Snyder, Van Hook, Wilson, White, Williams, and the President — 53. 
 
 So the Ordinance was rejected. 
 
 PAYMENT OF DEPUTY SHERIFFS. 
 
 The PRESIDENT laid before the Convention a communication from 
 Major General E. 0. C. Ord, commanding Fourth Military District, trans- 
 mitting the accounts of Deputy Sheriffs of fifteen counties, for services 
 rendered at the election upon the question of calling a convention and for 
 the choice of delegates ; and requesting that the Convention should take 
 measures for the payment of such accounts. 
 
 Mr. McCLURE moved that the communication be referred to the Com- 
 mittee on Finance, TaxatiQ,n, Public Debt, and Expenditures. 
 
 ( 157 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Friday, 
 
 Lafayette County Election — Reduction in number of Officers. — McCLUEB. 
 
 Mr. BROOKS. I have no objections to the reference. I have some 
 remarks to make, when the subject shall be reported back, upon the 
 intrinsic merits of the proposition. 
 
 The question was taken ; and the motion for reference was agreed to. 
 
 ADJOURNMENT. 
 
 Mr. HINDS moved that the Convention adjourn. 
 
 The question was taken ; and the motion was not agreed to. 
 
 LAFAYETTE COUNTY ELECTION — AGAIN. 
 
 The PRESIDENT. The regular order of business having been gone 
 through with, there is nothing before the Convention at this time. 
 
 Mr. MONTGOMERY. I desire that, if possible, we should have a 
 report from the Committee on Elections, in regard to the case of the 
 members from Lafayette County. 
 
 Mr. 8ARBER. I would state that the Committee on Elections were in 
 session at the time when this question was referred. None of the members 
 were present at the session of the Convention, when the matter came up ; 
 and we have, in consequence, as yet, taken no action, and are not prepared 
 to report. I would request that the members of the Committee be per- 
 mitted to retire, forthwith, that the report may be immediately made out. 
 
 No objection being made, the members of the Committee on Elections 
 were permitted to retire. 
 
 KBDUOTION IN NUMBER OF OFFICERS OF CONVENTION — AGAIN. 
 
 Mr. CYPERT. I desire to ascertain to what committee was referred 
 the resolution, introduced at an early day of our session, concerning the 
 number of oflS.cers employed by the Convention. 
 
 The PRESIDENT. The resolution was referred to the Committee oh 
 Finance. 
 
 Mr. MqCLURE. The resolution was referred to the Committee on 
 Finance; and the matter stands in this condition. In the first place, there 
 are but three Secretaries on duty,— the Secretary and two Assistants. 
 There never have been any more, that I am aware of. After the adjourn- 
 ment of the Convention, the Assistants are employed with the short-hand 
 reporter, in making out the transcript of the stenographic notes of the 
 debates and proceedings. Their time, therefore, is fully consumed. If 
 there are any more clerks, I know nothing about it. For these reasons, 
 no report has been made, and there has been no necessity for making it. 
 We could not decrease the number of officers. The others were neither 
 present nor on pay. 
 
 ( 158 ) 
 
Jan. ITth.j ARKANSAS COlSrSTITUTIONAL CONVENTION'. [9th Day. 
 Little Eock and Fort Smith Kailroad.— BEOOKS.— CYPERT. 
 
 Mr. KYLE. I will offer the following resolution : 
 
 Resolved: That the Committee on Finance, to whom was referred the reso- 
 lution to inquire whether or not there were more ofl&cers than was necessary 
 for the business, be instructed to report the resolution back to the Convention. 
 
 I offer the resolution, with a view of getting a report from the Commit- 
 tee. It has been alleged that there are more officers than are necessary 
 in order to the transaction of the business of the Convention. If that be 
 the case, the subject ought to receive inquiry. I do not pretend to say 
 that such is the case. I thought, while we were engaged in the election 
 of officers, that the number looked a rather unusual one; but I do not 
 know whether it was so or not. As the question has been raised, and 
 the allegation has been made, that there are superfluous officers, whose 
 retention will involve unnecessary expense to the State, the subject is a 
 proper one for inquirj' and report from the Committee. 
 
 The question was taken ; and the resolution was adopted. 
 
 LITTLE ROCK AND FORT SMITH KAILROAD. 
 
 Mr. BROOKS offered the following resolution : 
 
 Resolved: That Thomas M. Bowen, W. C. Adams, and Gr. W. Smith, be, and 
 are hereby, appointed Commissioners to investigate the affairs of the Little 
 Eoelc and Port Smith Eailroad, with power to send for persons and papers, 
 compel the attendance of witnesses, &c., and report to the next Legislature of 
 Arkansas. 
 
 Mr. CYPERT. There has been an expression of the sense of the Con- 
 vention, — very consistently, and entirely in accord with my own views, — 
 to the effect that we have but one task to accomplish, and that when we 
 travel outside of that, we are exceeding any reasonable exercise of the 
 power we possess. I believe that the gentleman who has introduced this 
 resolution, assumed this position. If we can go on to investigate the 
 affairs of railroads, we can investigate anything else. If we can appoint 
 committees to investigate the condition of railroads in the State, we can 
 appoint a committee to investigate all the private affairs of this country. 
 This Railroad possesses its charter, granted by the Legislature of the State 
 of Ar,kansas, if there be any such corporate body in the world. And if 
 they are exercising any authority outside of law, — incompatible, I mean, 
 with their proper relations to the Grovernment of the United States, — such 
 a resolution as this might proceed from Congress, to institute an inquiry 
 as to whether or not we are in a state of rebellion. But that we should 
 o-o into such an investigation, seems to me most remarkable. Suppose I 
 should offer a resolution to ascertain whether or not the Mail-Agent is 
 
 ( 159 ) 
 
1868.] DEBATES AKD PROCEEDINGS OF THE [Friday, 
 
 Little Eock and Fort Smith Eailroad.—CTPEET—BOWElir— HODGES of Pulaslci. 
 
 doing his duty, and to instruct the Committee to report to Congress, — 
 would not that be a most remarkable proceeding? We might as well do 
 that as refer such matter to a legislature in Arkansas, which has not 
 yet been created. This is counting chickens before they are hatched. 
 We don't know that there will ever be a legislature of Arkansas. We 
 don't know whether there has been any. 
 
 Mr. BOWEIJf. [^Mr. Snyder in the chair.] I am somewhat surprised 
 to hear these remarks coming from the gentleman from White [Mr. 
 Ctpbrt], who does not live on the line of this railroad, and has no in- 
 terest in it. I do not understand how it is that he presents himself here 
 as the champion of that Road. I live on the line of that railroad, my- 
 self, and know more of its affairs than the gentleman from White does, 
 and, probably, more than most of the gentlemen in the Convention. 
 While I am not in favor of our engaging in general legislation, I can see 
 no possible objection to the appointment of a committee to investigate 
 this matter, during the recess between the adjournment of the Convention 
 and the assembling of the Legislature ; and if the affairs of the Road are 
 all in proper condition, the gentleman from White, and the friends of the 
 Road, need fear nothing. If there is anything wrong in the affairs of that 
 Road, then it is right that this Commission should be appointed. The 
 resolution calls for the incurring of no expense whatever, and it is not 
 contemplated to involve the State in the slightest expenditure. But it is 
 demanded, by the people along the line of this road, that they shall know 
 something of its affairs. The present resolution contemplates simply that 
 a Commission shall be appointed, which shall report to the Legislature, 
 when it shall assemble, the result of their investigation. 
 
 Mr. HODCES, of Pulaski. Is it contemplated that any expense shall 
 be incurred in this matter ? 
 
 Mr. BOWElSr. l^o, sir; not a penny. 
 
 Mr. HODGES, of Pulaski. I do not see how persons could be conv- 
 pelled to attend the sessions of the Commission, unless paid fees as wit- 
 nesses, or in some way compensated for their time and trouble. As far 
 as the Commission is concerned, I suppose they would attend to the 
 business gratuitously; but expense would necessarily be incurred, and I 
 do not see how we could compel the presence of witnesses, without pay- 
 ing them mileage, and recompensing them for their time. If, as I un- 
 derstand, it is the intention that the Commission shall go along the line 
 of the road, and so avoid any expense to the State, that is another thing; 
 but It seems to me that the resolution, in its present form, needs amend- 
 ment. 
 
 I move, as an amendment to the resolution, the addition of the following 
 clause : 
 
 ( 160 ) 
 
Jan. 17th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [9th Day. 
 Little Book and Port Smith Eailroad.— GENBEAL DEBATE. 
 
 Provided, that no expense shall be incurred by the State, by reason of the 
 attendance of witnesses, or otherwise. 
 
 Mr. BEASLEY. I know nothing of this railroad matter; it may be 
 in itself important. But, sir, we are attempting, when we undertake 
 this kind of business, to attend to afiairs which we are not sent here to 
 meddle with. We are consuming the time of this Convention, in a man- 
 ner not anticipated or intended by the people. We are attending to 
 matters over which we have really no jurisdiction. The people sent us 
 here to frame a constitution, and submit it for their adoption; and when 
 we begin to busy ours.elves with matters purely irrelevant to that purpose, 
 I feel, for one, disposed to raise my voice against such unnecessary con- 
 sumption of time. 
 
 Mr. CYPEE,T [the President in the chair] asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. BROOKS. I feel no tenacity in regard to" this matter. Gentlemen 
 in this part of the State are perhaps familiar with the matter, and I am 
 not. It is not any legislative action that is proposed ; it amounts simply 
 to permitting certain citizens of the State, without expense to the State, 
 to inquire into a matter of great State intei'est, with a view of presenting 
 to the Legislature of the State the information which they may accumu- 
 late during the interregnum between our adjournment and the meeting of 
 that body. Certainly, no other person in the assembly can be more clear 
 and positive thanl, in his desire to adhere to the most rigid construction of 
 our powers, and a strict attention to our legitimate business. At the same 
 time, we may pass a resolution simply authorizing these citizens, under 
 our auspices, and by authority of the people of the State, to accumulate 
 information of the character proposed by this resolution, which may be 
 of great interest to the people of the State. I feel, as I have §aid, no 
 tenacity on the subject; but I do not think the objections urged to the 
 measure are sound. There is certainly no attempt at legislation. As, 
 however, there seems to be a want of readiness on the part of the Conven- 
 tion to take up this inoffensive resolution, — as we have deemed it at pres- 
 ent, free as it is from anything of a partisan or sectional character, — I would 
 request that it be referred to some committee, and that we let the matter 
 rest, for a day or two. If it be objectionable, we have no disposition to 
 press it. It merely seemed to be a matter of interest, which might prop- 
 erly be inquired into in this way. 
 
 Mr. SAEBER moved to refer the resolution to the Committee on In- 
 ternal Imp;.'ovements. 
 
 Mr. HICKS. I second the motion. If there is anything in the conduct 
 of this Company that needs to be inquired into, I certainly, as a citizen 
 of this State, have no objection to an investigation. I second the amend- 
 
 11 ( 161 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday, 
 
 Little Rook and Port Smith Kailroad.— HICKS— BOWEN— KYLE. 
 
 ment, in order that we may obtain an insight into the matter. In 
 common with the other citizens of the State, I have a right to be in 
 some measure acquainted with the affairs of a corporation in which the 
 State has an interest. I have no interest in the franchise, one way or 
 another. 
 
 Mr. BOWES" l_Mr. Snyder in the chair]. There is a fight springing up 
 upon this subject, that I do not understand. Gentlemen are interesting 
 themselves in this matter, the nature of whose interest I cannot at all 
 comprehend. Gentlemen on the line of the road desire to have this mat- 
 ter investigated. The resolution, as amended, stands thus : 
 
 Besolved : That Thomas M. Bowen, "W. C. Adams, and G. W. Smith, be, and 
 are hereby, appointed Commissioners to investigate the aifairs of the Little 
 Eoek and Fort Smith Jlailroad, with power to send for persons and papers, 
 compel the attendance of witnesses, &c., and report to the next Legislature of 
 Arkansas. 
 
 Provided, That no expense shall be incurred by the State, by reason of the 
 attendance of witnesses, or otherwise. 
 
 ISTow, what good is to be obtained by referring this matter to any com- 
 mittee ? "Why not meet the matter squarely, and pass the resolution at 
 once? It is not proposed that any expense shall be incurred. If the 
 affairs qf this Road are in good condition, what objections can its friends 
 have to an investigation ? — if there be anything wrong, then I can under- 
 stand the reasons of the opposition. I hope there will be no reference to 
 a committee. 
 
 Mr. KYLE. The only objection that I perceive to the passage of the 
 resolution, is that it is one of a legislative character. Now, if there is 
 anything which it is really necessary to have inquired into, — anything 
 that needs to be done immediately,— then, if the interests of the State be 
 in danger, if the managers of this Road have pursued any improper 
 course, if any unnecessary expenditures are incurred, or if the aflairs of 
 the Corporation are in any way so mismanaged that the interests of the 
 State are liable to suffer, it may be necessary to order an immediate 
 investigation. But we must consider how far this Convention proposes 
 to go into the consideration of matters purely of a legislative character. 
 When the General Assembly shall meet here, they will come here to 
 attend to their own peculiar business. And it will be a very easy thing, 
 if the Legislature desire, to look into this affair, and, by their own Com- 
 mittee, to send for persons and papers. That is the usual course. Why 
 a committee should be raised by this Convention, to institute an investiga. 
 tion, and submit their report to the next Legislature, I am unable with 
 my present information, to understand. The only question is that of 
 expense, and the consumption of the time of this body by instituting 
 
Jan. 17th.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [9th Day. 
 Little Kock and Fort Smith Kailroad.— KYLE— CTPEKT— McCLURE. 
 
 inquiries of this kind, when we ought to be engaged in the preparation 
 of a constitution for the State. Our affair is, to make the necessary 
 alteration in the State Constitution, in the least possible time, cui'tail our 
 expenses as much as possible, get done with business, and go home. 
 
 Mr. CYPERT. Permit me to state this matter in its precise attitude, 
 that we may all understand it. This Railroad Company is an individual. 
 It has a charter. A violation of any powers conferred upon it, is a viola- 
 tion of law, and constitutes a proper subject of inquiry by a court of the 
 country, in order that, if the conditions of their charter have been vio- 
 lated, their charter may be taken away from them. Or, a legislative body 
 might inquire into the -"condition of the Road; and if facts sufficient to 
 establish a violation of the terms of its corporate existence should be 
 elicited, those facts would properly be brought before a court, and the 
 charter thereupon forfeited. Is it possible that we are to appoint commit- 
 tees to investigate all the affairs of individuals? This Corporation, I 
 repeat, is an individual. I will illustrate. Suppose some gentlemen in 
 this Convention should imagine that I have two wives, and have thereby 
 violated the laws of the country. They thereupon proceed to raise a 
 committee, with power to send for persons and papers, to ascertain 
 whether they have an adulterer, or a bigamist, here. The investigation 
 might elicit facts which would render me a criminal, and amenable to 
 punishment by a proper court. But surely that is not the proper way of 
 dealing with such subjects. 
 
 If we were a legislative body, we could proceed only by obtaining facts, 
 which might prove of value as affording evidence to present to the proper 
 authorities, with a view to a forfeiture of the charter of this Road. The 
 course proposed by this resolution does seem so remarkable, that I cannot 
 help feeling disgusted. 
 
 Mr. McCLURE. This proposition is newly sprung upon me ; and I 
 cannot tell what is its object. I am advised, however, sir — and I state it 
 that I may be corrected if I am wrongly informed, — that the State of 
 Arkansas has an interest in this Road. The gentleman [Mr. Ctpert] 
 says that, as a corporation, this Road is an individual, and that there is 
 great impropriety in our investigating its individual rights and privileges. 
 I am advised that the State pays a large sum to this Road, on certain 
 conditions. If, therefore, the Legislature of the State of Arkansas had 
 the power to appoint a Commission for the purpose of ascertaining whether 
 the Company had conformed, in their expenditures, and all their proceed- 
 ings, to the terms of their charter, then this Convention has the same 
 power. Any legislation which this Convention may undertake, not out of 
 conformity with the terms of the Act under the provisions of which it 
 is assembled, I hold to be perfectly within the legitimate scope of its 
 powers ; for it is the representative of the people of the State, endowed 
 
 ( 163 ) 
 
1868.] DEBATES AXD PEOCEEDHSTGS OP THE [Friday. 
 
 Little Eock and Port Smith Eailroad.— McCLUEE— KYLE. 
 
 Avith all the powers to which the State can lay claim. I suppose that if 
 this question were raised in the Legislature, it would not be questioned that 
 that body would, upon a direct or implied charge of fraud, appoint a com- 
 mittee to ascertain whether any fraud has been committed, or whether the 
 Road was pjoperly earning its ten thousand dollars per mile. If you return 
 to 3'our constituents, and it prove, hereafter, that a fraud has been com- 
 mitted, how will you answer the suggestion that you had the power to pre- 
 vent the fraud and refused to exercise it ? 
 
 Mr. KYLE. All the authority the Convention has, is given it by the 
 power which calls the Convention. "Whenever the people of a State desire 
 to amend their Constitution, and the Legislature provides for a convention, 
 the question of the call of a convention is submitted to the people ; and if 
 that call is sustained by the people, the Legislature provides for the election 
 of delegates, who thereupon assemble, and revise the Constitution, in those 
 particulars submitted by the people calling the convention. That is their 
 proper duty — that is their province. Outside of that, they have no legis- 
 lative power. The Constitution of this State, under which we now live, 
 provides that the House of Eepresentatives and Senate shall constitute the 
 legislative department of the State. We are not acting, here, under a call 
 of the people. AVe are acting under the provisions of an Act of Congress 
 prescribing the mode of reconstruction of this State, and of restoring its 
 broken relations to the National Union. This act, and those supplementary 
 to it, provide for the appointment of military commanders, and for the 
 appointment, under them, of registrars, to register the voters of the State: 
 atid provide, further, for the holding of the election and the assembling of 
 the Convention. There is not one word, in those acts, empowerino- the 
 Convention to legislate upon a question properly belonging to the people 
 of the State, acting through their legislative body. N"ot a' solitary word. 
 
 It is not stated what is the necessity for this action. AVhat is that 
 necessity ? This is, as has been stated, a corporation. If they are squan- 
 dering the means of the State, if they are committing frauds" and depre- 
 dations npon the State, let us know what these frauds are, and let us 
 know what occasion exists for this proposed action. The only necessity 
 an be, the only influence which any action of this kind might have would 
 be, to restrain these parties. But you do not propose to bring them before 
 the Convention. You do not propose to legislate for the purpose of 
 turning these parties out of office. Gentlemen, let us stick to our legiti- 
 mate business, accomplish the purpose for which, under the Reconstruction 
 Act, and the Supplementary Acts, of Congress, we are assembled, and put 
 our work in such an attitude that it may be accepted by Congress, and re- 
 store Arkansas to her place in' the Union. 
 
 The question was taken on the amendment to refer the resolution to 
 ,( 164 ) 
 
 c; 
 
Jan. 17th.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [9th Day. 
 Lafayette County Election — Qualification of Mr. Merrick. 
 
 the Committee on Internal Improvements ; and the amendment was not 
 agreed to. 
 
 The question recurring upon the adoption of the resolution, 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was then taken; and it was decided in the affirmative, — 
 Yeas 41, Nays 21, as follows : 
 
 Yeas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, Evans, 
 Exon, Gray of Jefferson, Cfrey of Phillips, Harrison, Hatfield, Hawkins, 
 Hinkle, Hollis, Houghton, Hutchinson, Johnson, Mallory, Langley, Millsaps, 
 Montgomery, McCown, McClure, Oliver, Pickett, Poole, Portis, Priddy, Eawl- 
 ings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Smith, Snyder, Wil- 
 liams, "Wyatt — 41. 
 
 Nays: Messrs. Beasley, Bradley, Cypert, Duvall, Gantt, Hicks, Hodges of 
 Crittenden, Hoge, Kyle, Mason, Matthews, Misner, Owen, Puntney, Eeynolds, 
 Shoppach, Sims, Van Hook, Wilson, Walker, and Wright — 21. 
 
 So the resolution was adopted. 
 
 BLKCTION. 
 
 Mr. SAEBJIR, from the Committee on Elections, presented the follow- 
 ing Report : 
 
 To the Constitutional Convention of the State of Arkansas : 
 
 Your Committee on Elections, to which was referred the application of A. M. 
 Merrick for a seat upon this floor, as a delegate from the County of Lafayette, 
 have had the same under consideration, and beg leave to report that we are 
 unanimously of the opinion that the applicant has been duly and properly 
 elected as such delegate, and is therefore entitled to a Seat in this Convention. 
 
 Your Committee therefore recommend the adoption of the following resolu- 
 tion : 
 
 Besolved : That A. M. Merrick be and he is hereby declared entitled to a 
 seat in the Convention as a delegate from said County of Lafayette, and that 
 he be admitted to the same. 
 
 Mr. MONTGOMERY moved that the Report be adopted. 
 
 QUALIFICATION OF MR. MERRICK. 
 
 Mr. HODGES, of Pulaski, rose to a question of privilege. Could not 
 Mr. Merrick be sworn in at once ? 
 
 ( 163 ) 
 
1868.] DEBATES AND PEOCEEDIJSTGS OF THE [Friday, 
 
 Ashley County Election— Kemoval of Political Disabilities. 
 
 No objection being made, 
 
 Mr. A. M. Merrick, delegate from Lafayette County, appeared in his 
 seat, and an oath of office was administered to him by the President. 
 
 ASHLEY COUNTY ELECTION — AGAIN. 
 
 Mr. "WALKER oiFered the following resolution : 
 
 Resolved : That the Committee on Elections be instructed to report at once 
 in the case of the members from Ashley County. 
 
 Mr. SARBER. The case is now under consideration ; and the Commit- 
 tee would ask the Convention for further time. 
 
 Mr. "WALKER. I desire, as a matter "of justice to the members, who 
 are here, and have presented their credentials, regularly obtained from 
 headquarters, that, as soon as practicable, this matter be investigated, and 
 the Committee present their report. This matter was referred to the Com- 
 mittee on yesterday. I certainly supposed that by this time the Commit- 
 tee had had ample opportunity to investigate the matter and submit their 
 report. I ask, in justice, that this matter be delayed no longer than is 
 necessary. I am certainly willing, however, to withdraw the resolution. 
 
 Mr. SARBER. I would state, for the benefit of the gentlemen of the 
 Convention, that the Committee has been in session during the entire 
 morning, until we were notified that a resolution had been passed, in the 
 matter of the Lafayette delegation, which required our immediate atten- 
 tion ; and also, that we had sent for papers, and had had witnesses before 
 us, this morning, but had been unable to arrive at a decision, in con- 
 sequence of the absence of certain papers and reports, which it was neces- 
 sary to have before us, in order to make such a report that no more delay 
 than necessary should take place in the Convention arriving at its con- 
 clusion. 
 
 Mr. "WALKER not insisting upon the reception of his resolution, 
 
 REMOVAL OF POLITICAL DISABILITIES. 
 
 Mr. HINDS offered the following resolution : 
 
 Resolved: That a Select Committee of five be appointed by the Chair, whose 
 duty shall be to prepare a memorial to Congress, asking that the disabilities 
 of those citizens in this State, who have faithfully and earnestly advocated 
 and assisted in reconstruction, shall be removed, and that said Committee be 
 instructed to receive the names of such citizens, and to embody the same in 
 their memorial, and report the names and memorial back to this body. 
 ( 166 ) 
 
Jan. 17th.] AEKANSAS CONSTITUTIONAL CONVENTION. [9th Day. 
 Adjournment— Qualification of Mr. Merrick.— CYPERT— HINDS— MDNTGOMEET. 
 
 Mr. MONTGOMERY inquired whether a similar resolution had been 
 before presented. 
 
 Mr. HODGrES, of Pulaski, replied, that a similar resolution had been 
 presented, but had been tabled. 
 
 Mr. McCLUEE preferred that the resolution should be referred to an ap- 
 propriate committee, and reported back to the Convention, for acceptance 
 or rejection. 
 
 Mr. HODGES, of Pulaski. That is the intention. 
 
 ADJOURNMENT. 
 
 Mr. SCOTT moved that the Convention adjourn. 
 Mr. CYPERT asked for the yeas and nays. 
 The call for the yeas and nays vpas not sustained. 
 
 QUALIFICATION OF MR. MERRICK — AGAIN. 
 
 Mr. CYPERT asked permission, before the question should be taken 
 upon adjournment, to offer a remark on the subject of the oath of office 
 taken by members of the Convention. 
 ISTo objection being made, 
 
 Mr. CYPERT observed that, upon reading the records of the Conven- 
 tion, he observed that the oath of office was not recorded. The Journal 
 did not show the fact that members were sworn. He wished that it should 
 appear that in each case the oath had been taken. 
 
 Mr. HIITDS. The records fully show what oath has been taken. The 
 oath is recorded. 
 By direction of the PiSesident, 
 
 The SECRETARY read, from a MS. book, the form of oath as admin- 
 istered to Mr. Merrick, during the morning. 
 
 Mr. CYPERT. That does not show that we swear to support the Con- 
 stitution of the United States. 
 
 Mr. MO]!!J"TGOMERY. The Committee appointed to prepare a form 
 of oath reported a form including that obligation. 
 
 The PRESIDENT. The Secretary's opinion is, that there is a mistake 
 in the copy. 
 
 Mr. CYPERT. That was my own opinion ; and it was for that reason 
 that I called attention to the subject. The member just sworn in [Mr. 
 Merrick] did not take the oath that the rest did ; and I supposed this to 
 be an oversight. 
 
 The PRESIDENT directed Mr. Merrick to rise, and administered to 
 him an oath to support the Constitution of the United States. 
 
 ( 167 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Report of Committee on Legislative Department. 
 
 The question was tken taken on the motion to adjourn; and the motion 
 was agreed to ; 
 
 And thereupon, at 12, m., the Convention adjourned to 10, a.m., of Satur- 
 day, January 18th. 
 
 TENTH DAY. 
 
 Saturday, January \%th, 1868. 
 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and a quorum of the members of the Convention 
 answered to their names. 
 
 The Journal of the preceding day was read and approved. 
 Mr. SIMS submitted the following 
 
 EEPOET OF COMMITTEE ON THE LEGISLATIVE DEPAKTMENT. 
 
 The Committee appointed on Legislative Department, beg leave to report as 
 follows : 
 
 Section One. The legislative power in this State shall be vested in a Gen-, 
 eral Assembly, which shall consist of a Senate and a House of Representatives. 
 
 Section Two. The General Assembly shall meet every two years, on the 
 first Monday of January, at the seat of Government, until altered by law; bat 
 the first General Assembly elected after the adoption of this Constitution, shall 
 meet within thirty days after the said adoption. 
 
 Section Three. The House of Representatives shall consist of members 
 chosen every second year by the qualified electors of the several districts. 
 
 Section Four. No person shall be a member of the House of Representatives 
 who shall not have attained the age of twenty-one years, who shall not be a 
 male citizen of the United States, who shall not, at the time of his election, 
 have an actual residence in the district he may be chosen to represent, and 
 who shall not be a qualified elector, as provided in this Constitution. 
 
 Section Five. The Senate shall consist of members chosen every fourth 
 year by the qualified electors of the several districts. 
 
 Section Six. No person shall be a member of the Senate who shall not have 
 attained the age of twenty-five years, who shall not be a male citizen of the 
 United States, who shall not, at the time of his election, have an actual resi- 
 dence in the district he may be chosen to represent, and who shall not be a 
 qualified elector, as provided in this Constitution. 
 ( 168 ) 
 
Jan. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Report of Committee on Legislative Department. 
 
 Section Seven. The number of members composing the Senate shall be 
 twenty, and of the House of Eepresentatives, eighty. 
 
 Section Eight. The General Assembly shall provide by law for an enumera- 
 tion of the inhabitants of this State in the year one thousand eight hundred 
 and seventy -five, and every tenth year thereafter; and the first General As- 
 sembly .elected after each enumeration so made, and also after each enumera- 
 tion made by the authority of the United States, may re-arrange the Senatorial 
 and Eepresentative Districts according to the number of inhabitants as ascer- 
 tained by such enumeration. Provided : That there shall be no re-arrangements 
 other than that made in this Constitution, until after the enumeration to be 
 made in the year one thousand eight hundred and seventy-five. 
 
 Section Nine. Senators shall be chosen at the same time, and in the same 
 manner, that members of the House of Eepresentatives are required to be. 
 Senatorial Districts shall be composed of convenient contiguous territory, and 
 no Eepresentative District shall be divided in the formation of a Senatorial one. 
 The Senatorial Districts shall be numbered in regular series, and the term of 
 Senators chosen for the districts designated by odd numbers shall expire in two 
 years, and the term of Senators chosen for the districts designated by even 
 numbers shall expire in four years ; but thereafter Senators shall be chosen for 
 the term of four years, excepting when an enumeration of the inhabitants of 
 the State is made, in which case if a re-arrangement of the Senatorial Districts 
 is made, the regulation above stated shall govern the term of ofiice. 
 
 Section Ten. Eemovals of Senators and Eepresentatives from their re- 
 spective districts shall be deemed .a vacation of their ofS.ee. 
 
 Section Eleven. No person holding any office under the United States, or 
 this State, or any county office, excepting Postmasters, Notaries Public, officers 
 of the Militia, and township officers, shall be eligible to, or have a seat in, 
 either branch of the General Assembly ; and all votes given for any such per- 
 son shall be void. 
 
 Section Twelve. Senators and Eepresentatives shall, in all cases, treason, 
 felony, or breach of the peace excepted, be privileged from arrest. They shall 
 not be subject to any civil process during a session of the General Assembly, or 
 for fifteen days next before the commencement, and next after the termination 
 of each session. And they shall not be questioned in any other place for re- 
 marks made in either house. 
 
 Section Thirteen. A majority of the members of each house shall consti- 
 tute a quorum to transact business; but a smaller number may adjourn from 
 day to day, and compel the attendance of absent members, in such maimer, 
 and under such penalties, as each house may prescribe. 
 
 Section Fourteen. Each house shall choose its own officers, determine the 
 rules of its proceedings, judge of the qualifications, election, and return, of its 
 members ; and may, 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, nor for any cause known to his constituents at the time of his 
 election. The reasons for any such expulsion shall be entered upon the Journal, 
 with the names of the members voting thereon. 
 
 ( 169 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Saturday, 
 
 Report of Committee on Legislative Department. 
 
 Section Fifteen. The General Assembly shall prescribe bylaw the manner 
 in which the State printing shall be executed, and the accounts rendered there- 
 for; and shall prohibit all charges for constructive labor. They shall not re- 
 scind or alter any contract for such printing, or release the person or persons 
 taking the same, on his or their securities, from the performance of any of the 
 provisions of such contract. 
 
 Section Sixteen. In all elections by either house, or in joint convention, 
 the votes shall be given viva voce. All votes on nominations to the Senate shall 
 be taken by yeas and nays,' and published with the Journal of its proceedings. 
 
 Section Seventeen. The doors of each house shall be open, unless the pub- 
 lic welfare require secrecy. Neither house shall, without the consent of the 
 other, adjourn for more than three days, nor to any other place than where 
 the General Assembly may then be in session. 
 
 Section Eighteen. Bills may originate in either house of the General 
 Assembly; but all bills for raising a revenue shall originate in the House of 
 Eepresentatives, though the Senate may propose amendments as on other bills. 
 
 Section Nineteen. No portion of the public funds or property shall ever be 
 appropriated by virtue of any resolution. No appropriation shall be made 
 except by a bill duly passed for that purpose. 
 
 Section Twenty. Every bill and joint resolution shall be read three times, 
 on different days, in each house, before the final passage thereof, unless two- 
 thirds of the house where the same is pending shall dispense with the rules. 
 No bill or joint resolution shall become a law without the concurrence of a 
 majority of all the members. On the final. passage of all bills, the vote shall 
 be taken by yeas and nays, and entered on the Journal. 
 
 Section Twenty-one. No law shall embrace more than one subject, which 
 shall be embraced in its title. No public act shall- take eflfeet or be in force 
 until ninety days from the expiration of the session at which the same is passed, 
 unless it is otherwise provided in the act. 
 
 Section Twenty-two. No law shall be revised, altered, or amended, by ref- 
 erence to its title only; but the act revised, and the section or sections of the 
 act altered or amended, shall be enacted and published at length. 
 
 Section Twenty-three. No new bill shall be introduced into either house 
 during the last three days of the session, without the unanimous consent of the 
 house in which it originated. 
 
 Section Twenty-four. The General Assembly shall provide for the speedy 
 publication of all statute laws of a public nature, and of such judicial decisions 
 as it may deem expedient. All laws and judicial decisions shall be free for 
 publication by any person. 
 
 Section Twenty-five. The style of the laws of the State shall be : "Be it 
 enacted by the General Assembly of the State of Arkansas." 
 
 Section Twenty-six. The General Assembly may provide laws for the gov- 
 ernment of county, township, or precinct governments. 
 
 Section Twenty-seven. It shall be the duty of the General Assembly, from 
 time to time, as circumstances may require, to frame and adopt a penal code, 
 founded on principles of reformation. 
 ( UO) 
 
Jan. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Eeport of Committee on Legislative Department. 
 
 Section Twenty-eight. The General Assembly shall not change the venue 
 in any criminal or penal prosecution, but shall provide for the same by gen- 
 eral laws. 
 
 Section Twenty-nine. The General Assembly may pass laws authorizing 
 appeals "in criminal or penal cases, and regulating the right of challenge of 
 jurors therein. 
 
 Section Thirty. The General Assembly shall direct by law when and how 
 juries shall be selected from judicial districts, in criminal cases. 
 
 Section Thirty-one. The General Assembly shall regulate by law, by whom, 
 and in what manner, writs of election shall be issued to fill the vacancies which 
 may happen in either branch thereof. 
 
 Section Thirty-two. The General Assembly may declare the cases in which 
 any office shall be declared vacant, and also for the manner of filling the va- 
 cancy, where no provision is made for that purpose in this Constitution. 
 
 Section Thirty-three. Every bill and concurrent resolution, except of ad- 
 journment, passed by the General Assembly, shall be presented to the Gov- 
 ernor for approval, before it becomes a law. If he approve, he shall sign it; if 
 not, he shall return it, with his objections, to the house in which it originated, 
 which shall enter the objections at large upon its Journal, and reconsider it. 
 On such reconsideration, if a majority of the members elected agree to pass the 
 bill, it shall be sent, with the objections, to the other house, by which it shall 
 be reconsidered;. and if approved bj' a majority of the members elected to that 
 house, it shall become a law. In such cases the vote of both houses shall be 
 determined by yeas and naj's, and the names of the members voting for and 
 against the bill shall be entered on the Journal of each house respectively. If 
 any bill be not returned by the Governor within three days, Sundays excepted, 
 after it has been presented to him, the same shall become a law in like man- 
 ner as if he had signed it ; unless the General Assembly, by their adjournment, 
 prevent its return, in which ease it shall not become a law. The Governor 
 may approve, sign, and file in the office of the Secretary of State, within three 
 days after the adjournment of the General Assembly, any act passed during 
 the last three days of the session; and the same shall become a law. 
 
 Section Thirty-four. Each house may punish by imprisonment, during its 
 session, any person, not a member, who shall be guilty of any disorderly or con- 
 temptuous behavior in their presence; but no such impi-isonment shall at any 
 time exceed twenty-four hours. 
 
 Section Thirty-five. No citizen of this State shall be disfranchised, or de- 
 prived of any of the rights or privileges appertaining to citizenship, unless the 
 same is done by the law of the land, or the judgment of his peers, except as 
 hereinafter provided. There shall be neither slavery or involuntary servi- 
 tude, either by pretext of indentures or apprenticeships in the State, other- 
 wise than in the punishment of crime, whereof the party shall have been duly 
 convicted. 
 
 Section Thirty-six. The General Assembly shall have no power to make 
 compensation for emancipated slaves. 
 
 Section Thirty-seven. The General Assembly shall have no power to grant di- 
 
 ( m ) 
 
1868.] DEBATES AND PEOOEEDINGS OP THE [Saturday, 
 
 Eeport of Committee on Legislative Department. 
 
 vorces, to change the names of individuals, or to direct the sale of estates belong- 
 ing to infants or other persons laboring under legal disabilities, by special legis- 
 lation; but by general laws shall confer such powers on the courts of justice. 
 
 Section Thirty-eight. The General Assembly shall not authorize, by pri- 
 vate or special law, the sale or conveyance of any real estate belonging to any 
 person, or vacate or alter any land laid out by legal authority, or any street in 
 any city or village, or in any recorded town plat; but shall provide for the same 
 by general laws. 
 
 Section Thirty-nine. -The General Assembly shall not authorize any lottery, 
 and shall by the necessary legislation prohibit the sale of lottery tickets. 
 
 Section Forty. In case of a contested election, only the claimant decided 
 entitled to the seat in either house in which the contest may take place, shall 
 receive from the State per diem compensation and mileage. 
 
 Section Forty-one. ISTo collector, holder, or disburser, of public riioneys, 
 shall have a seat in the General Assembly, or be eligible to any office of trust 
 or profit under this State, until he shall have accounted for, and paid over, as 
 provided by law, all sums for which he may be liable. 
 
 Section Forty-two. The General Assembly shall have power to alter and 
 regulate the jurisdiction and proceedings in law and equity, subject to the pro- 
 visions of this Constitution. 
 
 Section Forty-three. The General Assembly shall direct by law in what 
 manner, and in what courts, suits may be brought by and against the State. 
 
 Section Forty-four. It shall be the duty of the General Assembly to make 
 adequate provision for the maintenance of paupers throughout the State. 
 
 Section Forty-five. The General Assembly shall not have power to author- 
 ize any municipal corporation to pass any laws contrary to the general laws of 
 the State, or to levy any tax on real or personal property to a greater extent 
 than two per centum of the assessed value of the same. 
 
 Section Forty-six. The General Assembly shall pass no special act confer- 
 ring corporate powers. Corporations may be formed under general laws ; but 
 all such laws may, from time to time, be altered or repealed. Dues from cor- 
 porations shall be secured, by such individual liability of the stockholders, and 
 other means, as may be prescribed by law; but, in all cases, each stockholder 
 shall be liable, over and above the stock hj him or her owned, and any amount 
 unpaid thereon, to a further sum, at least equal in amount to such stock. The 
 property of corporations, now existing or hereafter created, shall forever be 
 subject to taxation, the same as the property of individuals. No right of way 
 shall be appropriated to the use of any corporation, until full compensation 
 therefor shall be first made in money, or first secured by a deposit of money, 
 to the owner, irrespective of any benefit from any improvement proposed by 
 such corporation ; which compensation shall be ascertained by a jury of twelve 
 men, in a court of record, as shall be prescribed by law. 
 
 Section Forty seven. The General Assembly shall provide for the organi- 
 zation of cities, and incorporated villages, by general laws; and restrict their 
 power of taxation, assessment, borrowing money, contracting debts, and loan- 
 ing their credit, so as to prevent the abuse of such power. 
 ( 172 ) 
 
Jan. 18th.] ARKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Report of Committee on Legislative Department.— CTPEET— MONTGOMERY. 
 
 Section Forty-eight. All corporations with banking and discounting privi- 
 leges shall, preparatory to issuing bills as currencj'', deposit the bonds of this 
 State, equal in amount to the capital stock of such corporation, with the Auditor 
 of the State, who shall not permit an issue of circulation exceeding eighty per 
 centum of the amount of bonds so deposited, such circulation being receivable 
 for all taxes and dues to the State ; and the individual liability of stockholders 
 shall be as hereinbefore directed : Provided, that corporations chartered or ex- 
 isting under any Act. of the Congress of the United States, shall be exempted 
 from these provisions. 
 
 Section Forty-nine. The General Assembly, on the day of final adjourn- 
 ment, shall adjourn at twelve o'clock at noon. 
 
 CLIFFOED STANLEY SIMS, 
 
 l%th January, 1868. Chairman of the Committee. 
 
 Mr. CYPERT moved that the Eeport be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 Mr, MONTGOMERY moved to a^mend, that the Report lie upon the 
 table, and be made the special order for Friday, January 24th ; and that 
 one hundred and fifty copies be printed for the use of the Convention. 
 
 Mr. CYPERT. It will require an explanation from me, in all prob- 
 ability, to defeat the amendment. 
 
 I wish to avoid the expense of printing every isolated report, as it comes 
 up from each committee ; and this with the view that these reports, as 
 they come in, be referred to the Committee on the Constitution, its Phrase- 
 ology and Arrangement. The whole, as reported back by them, should, of 
 course, be printed, in order to its being passed upon in the Convention. 
 If we proceed in this way, printing the report of evei-y separate committee, 
 and then reporting it over again, when the Committee on Arrangement 
 and Phraseology shall have prepared and submitted the Constitution, 
 there will be double printing on everything. 
 
 Mr. MONTGrOMERY. I would state my object in desiring the print- 
 ing of the Eeport. The Report of this Committee has been read ; but, 
 for myself, I have been unable to understand it, and have not been able 
 to determine whether it would meet my views, or not. And I do not 
 believe that there is a member of this Convention, who, unless he be- 
 longed to the Committee on the Legislative Department, was able fully 
 to understand the Report upon its mere reading. I desire that a copy 
 of, the Report be laid upon the table of each member, that each member 
 may be enabled to examine and digest its recommendations. It is not to 
 be expected that a constitution will be reported to this body, in bulk, so 
 to speak. Bach Report will be acted upon separately.^ I am absolutely 
 certain that it is necessary for members of the Convention to examine 
 these reports, as they are presented, reflect upon them, and compare one 
 section with another, in order to decide for themselves whether the pro- 
 
 ( 173 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Report of Committee on Legislative Department.— GENERAL DEBATE. 
 
 posed provisions are calculated to advance the interests of the people 
 of the State. If the gentleman [Mr. Cypert] desires to refer the Ee- 
 port to the Committee on Arrangement and Phraseology, and for that 
 Committee to then report a constitution, it may be that he intends, when 
 that is done, to tear the whole to pieces again, and refer the subjects back 
 to each separate committee. I think it greatly preferable that when the 
 different reports shall have been printed, and each member shall have had 
 an opportunity to examine the particular section reported, the whole, as 
 thus revised, shall then be referred to the Committee on Phraseology, 
 
 Mr. HICKS. I rise to a point of order. According to the rules adopted 
 yesterday, this discussion is all out of order. It was the sense of this Con- 
 vention that ordinances should take the same course as bills, — introduced, 
 read a second time, and referred to a committee. 
 
 The PRESIDENT. The Chair would suggest to the gentleman, that 
 this is the report of a committee. The point iS not well taken. 
 
 Mr. MOl^TGOMERY. My object is, to obtain a full investigation of 
 each department of the Constitution, and that by the several members of 
 the Convention. I promised my constituents, -when I came here, that I 
 would not vote on a single proposition brought forward for incorporation 
 into the Constitution of the State of Arkansas, without a full investiga- 
 tion ; and I do not believe that the welfare of the people of the State will 
 suffer by reason of our having these reports -printed, and affording every 
 member an opportunity of reading them for himself. 
 
 Mr. BEASLEY. I propose to amend the motion of the gentleman from 
 Hempstead [Mr. Montgomery], by inserting " Wednesday," instead of 
 " Friday." That puts off the consideration of the subject a little too far 
 from us. 
 
 The question was taken upon the amendment to insert " Wednesdaj" 
 instead of " Friday;" and the amendment was rejected. 
 
 Mr. CYPERT. Only a few more remarks. My whole object is, to ex- 
 pedite business, and save cost to the State. "We surely would not expe- 
 dite business by the course proposed by the gentleman from Hempstead 
 [Mr. Montgomery.] It will accumulate to an enormous amount the mere 
 cost of printing, if we are to print every separate paper. It is not to be 
 presumed that this Convention will adopt each section, without knowing 
 what place it is to take, and what relations it is to assume in the Consti- 
 tution. When the Constitution has been arranged, and properly prepared 
 as a whole, of course it will then be printed, so that members may look 
 it over before they adopt it section by section. 
 
 Mr. SNYDER. I think the proposition to make this the order of the 
 day for next Friday, is a most economical one; for before that time there 
 ( IH) 
 
J^n. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Expenses of Convention.— BROOKS— CYPEET. 
 
 will be other sections of the Constitution reported ; they may also be 
 printed and considered; and they may all come up at the same time. 
 
 Mr. SIMS. I think it would save a great deal of expense to the State, 
 if the reports were referred in the manner suggested by the gentleman 
 from "White [Mr. Cypert] ; and in that way we should be enabled better 
 to distinguish which provisions should take their place in the section on 
 the legislative department, and which in the other portions of the Consti- 
 tution, respectively. I think that course will save time and money. 
 
 The question was taken upon the adoption of the substitute ; and a 
 division being called for, the substitute was accepted, — Ayes 37, Noes 15. 
 
 EXPENSES OP THE CONVENTIOif. 
 
 Mr. HESTDS submitted, from the Committee on Ordinances and Memo- 
 rials, the following Ordinance. 
 
 AN ORDINANCE 
 PROVIDING AND MAKING APPROPRIATIONS FOR THE PER DIEM AND MILEAGE OP 
 MEMBERS or THE CONSTITUTIONAL CONVENTION OF THE STATE OF ARKANSAS, 
 AND OTHER NECESSARY EXPENSES. 
 
 Be it ordained by the people of Arkansas, in Convention assembled: That there 
 is hereby appropriated out of the Treasury, the sum of seventy-five thousand 
 dollars, for the purpose i of paying the per diem and mileage of delegaftes, and 
 such other expenses as may necessarily be incurred under the provisions of an 
 act entitled an " Act to provide for the more efficient GoYernment of the 
 Eebel States," passed March 2d, 1867: that it is hereby made the duty of the 
 Auditor of the State, upon the certificate of the Secretary of the Convention, 
 countersigned by the President, to draw a warrant on the Treasurer for and 
 in favor of such person or persons as they may certify to be due, for per diem, 
 mileage, or other necessary expenses; and it is hereby made the duty of the 
 Treasurer of the State, upon the presentation of such warrant, to pay the same 
 out of any money now in the Treasury, not otherwise appropriated by law. 
 
 The Ordinance was read a first, and, by consent, a second time. 
 
 Mr. BEOOKS moved that the rules be suspended, that the Ordinance 
 be read a third time, and that it be passed. 
 
 Mr. CYPERT. I do not know but for me to oppose any measure insures 
 its passage; but I must enter my protest against hasty legislation, of any 
 kind, that has for its object the disbursement of the public funds. I would 
 ofier, as a substitute for the motion of the gentleman from Phillips [Mr. 
 Brooks], that the Ordinance be referred to the Committee on Finance. 
 
 Mr. BROOKS. We have had a report from the Committee on Finance, on 
 this very subject; as also from a gentleman on the other side of the hall. 
 "We have also had a resolution from this side, looking to another mode of 
 
 ( no ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Expenses of Convention. — BROOKS. 
 
 adjustmeut, and which was very similar to that this morning reported by the 
 Committee. The proposition now before ns contemplates the payment of 
 the expenses of the Convention out of funds now in the Treasury, rather 
 than the levy of a special tax, as contemplated by the Ordinance reported. 
 Gentlemen will of course remember the jfigures. Those given in the Ordi- 
 nance reported this morning, are very far below those given in the estimates, 
 and provided for in the Ordinance directing the levy of the tax. And 
 very justly so; for the other policy, which was advocated at the opening 
 of the session, by very many honorable gentlemen, was necessarily matured 
 under the Act of Congress, providing for .the levy of a special tax, for the 
 defraying the expenses of the Convention. The levy and collection of a 
 special tax, diiring the period intervening between the usual times of 
 assessment and collection, would, of course, be exceedingly expensive; 
 and the aggregate sum required would be considerably greater than that 
 absolutely necessary for our actual expenses. It is understood, on this 
 side of the hall, and, I suppose, throughout the Convention, that we have 
 the approval of the present Executive of the State and of the officers of 
 the State generally, as well as that of the commander of the Sub-District; 
 and it is hoped that we may secure an endorsement of .this movement, 
 from the Attorney-General of the State. I believe there will be no ^ffi- 
 culty, provided we shall obtain the consent of the Commanding General of 
 the District to defray our expenses by the payment of funds now at com- 
 mand. . Now, if this may be done, I can, myself, see no reasonable objec- 
 tion to the measure proposed — the suspension of the rules, and the adop- 
 tion of the Ordinance this morning; especially when we have presented to 
 us for settlement, a bill for the expenses of all the Deputy Sheriffs, — one in 
 each election precinct in the entire State, — in addition to the other expenses 
 of the Convention. I think seventy-five thousand dollars is not an unreason- 
 able estimate. And of course, it is contemplated, no matter what the amount 
 appropriated may be, that only such a sum as is absolutely necessary, in 
 order to defray actual expenses, shall be actually employed. I hope this 
 measure may be adopted ; and that we may ascertain at as early an hour as 
 possible, and by telegraph if need be, from the commanding General of the 
 District, whether the acting Treasurer will have his consent to meet our 
 demands from the funds now in the Treasury. It is certainly the most 
 economical mode of disposing of the matter, and that best adapted to the 
 distressed condition of the people of the State ; and if it shall afterwards 
 become necessary to provide for a special tax to reimburse the Treasury, 
 let us make provision for an assessment and collection at the same time 
 with the usual assessment and collection of the year; and thereby save an 
 expense of forty or fifty thousand dollars, which would certainly be incurred 
 in carrying out the proposition contained in the first Report of the Com- 
 mittee on Finance. I have no objection, certainly, to the most elaborate 
 ( 1V6 ) 
 
Jan. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Expenses of Convention.— BKOOKS—CTPEKT— HODGES of Pulaski. 
 
 discussion of this subject. "W"e are supposed to be as careful and econom- 
 ical as possible, with regard to the expenditure of the public money. I 
 think this is the economical course. It is the .course to be pursued with 
 reference to the pressing wants of members. It is the course to be pursued 
 to relieve the people of the State, as far as possible, of any burden. 
 
 Mr. CYPERT. I do not desire to travel outside of our authority. I 
 do not desire to involve the State of Arkansas in an expense which should 
 legitimately be paid by some other power. The accounts of Sheriffs and 
 so forth, referred to by the gentleman [Mr. Brooks], as being certified to 
 this Convention for payment, were incurred by virtue of the orders of the 
 commanding General, not by any command of this State or this Conven- 
 tion. I read from the first Supplement to the Reconstruction Act : 
 
 " All expenses incurred by the several commanding Generals, or by virtue of 
 any orders issued, or appointments made by them, under or by virtue of this 
 act, shall be paid out of any moneys in the treasury, not otherwise appro- 
 priated." 
 
 That is, the United States Treasury. These expenses of the Sheriffs, 
 c ertified from the various precincts of the State, were incurred by order 
 of the commanding General, under the section which I have read. The 
 section allowing us to provide for the expenses of this Convention, reads 
 differently. They are two separate sections. We are only to provide for 
 the necessary expenses of this body, not for anything that has accrued 
 prior to our assembling; for we were not an existing body until we were 
 assembled by the order of that G-eneral. That we can provide for the ex- 
 penses incurred before the contingency which was necessary to the crea- 
 tion of this body, is manifestly unreasonable, and manifestly contrary to 
 the provisions of the Act of Congress. My attention was called to this sub- 
 ject, by a conversation, which I chanced to overhear, with the present cus- 
 todian of the Treasury. He adverted to the matter, in this light, on the 
 occasion of the presentation of a claim of this kind. lam satisfied that 
 he is correct in his position; and I am satisfied that he will never issue a 
 warrant for any such payment, unless he is so ordered by the command- 
 ing General, and placed in a position where he would be charged with 
 insubordination if he should neglect to comply. I am satisfied that he 
 will never pay out a warrant to defray expenses of that nature. 
 
 Mr. HODGES, of Pulaski. I have been busy, and perhaps did not hear 
 the matter as it really stands; but if I did, I think the remarks are not to 
 the subject under discussion; and if so, I raise the point of order. 
 
 The PRESLDENT. ■ The remarks of the gentleman from Phillips [Mr. 
 Brooks], and from White [Mr. Cypbrt], upon the payment of Deputy 
 Sherijffs, have not been to the question. The Chair does not understand 
 that the Ordinance contemplates the payment of such expenses. 
 
 12 ( \n ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Expenses of Convention.— HODGES of Pulaski— CYPERT— MATTHEWS. 
 
 Mr. HODGES, of Pulaski. I understand the sum named in the Ordi- 
 nance to be exclusively for the payment of the expenses of this body. 
 
 Mr. CYPEET. I hope the Chair will excuse me. I was led out of my 
 track by the gentleman from Phillips [Mr. Brooks]. I stand corrected; 
 but I trust to be pardoned for following the footsteps of that gentleman. 
 
 The PRESIDEII^T. The Chair was not disposed to call the gentleman 
 to order, as the Convention seemed inclined to listen to something upon 
 the subject broached. 
 
 The question was taken on the adoption of the substitute; and the sub- 
 stitute was rejected. 
 
 Upon the question of suspending the rules, passing the Ordinance to its 
 third reading, and placing it upon its final passage, 
 
 The question recurring on the motion that the rules be suspended, 
 the Ordinance read a third time, and passed, 
 
 Mr. MATTHEWS moved that the subject be recommitted to the Com- 
 mittee, with instructions to confer with the District Commander there- 
 upon, and to report to the Convention a statement of the probable amount 
 of the expenses, and approximating as near as might be the amount of the 
 several items in such Statement. 
 
 Mr. HOLLIS moved to lay the motion upon the table ; and upon that 
 motion asked for the yeas and nays. 
 
 The yeas and nays wei'e ordered. 
 
 The question was taken upon the motion to lay the motion to refer 
 upon the table ; and it was decided in the affirmative, — Yeas 56, 'Sajs 11, 
 as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Cor- 
 bell, Dale, Evans, Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hat- 
 field, Hawkins, Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of Pulaski, 
 Houghton, Hutchinson, Johnson, Kyle, Langlej', Mallory, Mason, Merrick, 
 Misner, Millsaps, Montgomery, Murphy, McClure, MeCown, Oliver, Pickett, 
 Poole, Portis, Priddy, Puntney,,Eawling8, Eector, Eounsaville, Samuels, Sarber,- 
 Scott, Sims, Smith, Snyder, Van Hook, "Wilson, White, Williams, Wyatt, and the 
 President — 56. 
 
 Nays : Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Matthews, Owens, Eey- 
 nolds, Shoppach, Walker, and Wright — 11- 
 
 So the motion was laid upon the table. 
 
 The question recurring on the motion that the rules be suspended, the 
 Ordinance was read a third time, and passed. 
 
 Mr. CYPEET asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was then taken ; and it was decided in the affirmative,— 
 Yeas, 55, iN'ays, 11^ as follows : 
 ( 178 ) 
 
Jan. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Memorial respecting Tax on Cotton — Reading of Journal from Bound Boolj. 
 
 Yeas : Messrs. Beasley, Belden, Bell, Bradley, Brash ear, Brooksj Coates, Cor- 
 bell, Dale, Evans, Exon, Gray of Jeiferson, Grey of Phillips, Harrison, Hat- 
 field, Hawkins, Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of Pulaski, 
 Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Misner, 
 Merrick, Millsaps, Montgomery, Murphy, McClure, McCown, Oliver, Poole, 
 Portis, Priddy; Puntney, Eawlings, Rector, Rounsaville, Samuels, Sarber, Scott, 
 Sims, Smith, Snyder, Van Hook, "Wilson, "White, Williams, Wyatt, and the 
 President — 55. 
 
 In the negative were Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Matthews, 
 Owens, Eeynolds, Shoppach, Walker, and Wright — 11. 
 
 So the rules were suspended, the Ordinance read a third time, and 
 passed. 
 
 Mr. PIINDS, from the Committee on Ordinances and Memorials, re- 
 ported the following 
 
 MEMORIAL RESPECTING THE TAX ON COTTON. 
 To the Honorable the Senate and the House of Representatives of the United States : 
 
 The Constitutional Convention of the State of Arkansas would respectfully 
 represent, that the present tax on raw cotton, is greatly detrimental to the 
 present and future interest of the people of this State. 
 
 A large majority of those engaged as laborers in the culture of this, the chief 
 staple of the State, are now destitute and out of employment, in a great 
 measure owing to the fact that the present high tax renders its production 
 unprofitable. The crop just gathered, has produced an average price of twelve 
 cents per pound. Out of this, the producer has to pay between four and five 
 cents per pound for freight, tax, commission, and storage, leaving a net price 
 of from seven to eight cents per pound. 
 
 Should fall crops be raised every year, it might be possible to grow the 
 cotton, pay the tax, and still leave the producer a small profit, bat it must be 
 recollected that three years out of five barely half a crop is made, though of 
 course the necessary expenses are always the same. 
 
 It may be argued that the present price equals that received before the war, 
 but we must recollect that now, the prices of labor, provisions, and clothing, 
 are nearly one hundred per cent, higher than before the war. 
 
 We can but express our firm conviction that unless the tax is removed, the 
 culture of cotton will necessarily cease. No one will willingly enter into a 
 business in which the tax exhausts all the margin which is left, over the cost 
 of production. And therefore we would respectfully and urgently' ask for the 
 immediate removal of this burden. 
 
 Mr. HODGES, of Pulaski, moved that the Report be adopted. 
 The question was taken ; and the Eeport was unanimously adopted. 
 
 HEADING OP JOURNAL FROM A BOUND BOOK. 
 
 Motions, resolutions, and notices, being in order, 
 
 Mr. CYPEE.T said : I desire to offer a motion that the Secretary be 
 
 ( 179) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Powers and Duties of Convention.— MATTHEWS— HO LLIS. 
 
 required to read the minutes, every morning, from the record ; that he 
 procure a well-bound book, for keeping the minutes of the Convention ; 
 and that they be read from the book. 
 
 It seems that the minutes are in MS., and may be any day destroyed; 
 and from the memory of man we might be unable to ascertain what has 
 been done. Yesterday an oversight was discovered, in connection with the 
 records. We never go, back and read the copy made. There may be 
 several errors in the recording and transcription of these MSS. 
 
 The question was taken ; and the motion was agreed to. 
 
 POWERS AND DUTIES OF THE CONVENTION. 
 
 Mr. MATTHEWS offered the following resolutions : 
 
 Whereas : This Convention was called into existence by the Eeeonstruction 
 Acts of Congress, and the election held in this State thereunder. 
 
 And whereas: said Eeeonstruction Acts do not, even by implication, author- 
 ize or contemplate that the Conventions thereby provided for, should do other 
 than frame a constitution, to be submitted for ratification to the people of 
 their respective States, and to provide each for the defraying of its expenses. 
 
 And whereas: The people of the State have never delegated to us any 
 powers except for the above-named purposes, or in any authoritative manner' 
 indicated a desire that this Convention should otherwise interfere with the 
 affairs of the State or people. 
 
 Therefore be it resolved: That it is the sense of this Convention that it has 
 no sovereign powers ; for any purposes, and beside providing for the payment 
 of its expenses, nothing it might assume to do would have any legal force un- 
 less incorporated in. the Constitution; nor even then, unless and until such 
 Constitution shall be ratified by the registered voters of the State, and shall 
 have been accepted by Congress. 
 
 Be it further resolved: That it would be inexpedient to embody in the Con- 
 stitution provisions regarding matters of a local, temporary, or in any other 
 way unimportant nature, or such as according to the genius of American re- 
 publicanism is rightfully within the province of the people's ordinary agent, 
 the General Assembly. 
 
 And resolved further : That the several committees of this body be excused 
 from the further consideration of any proposed ordinances, or ins.truction8 to 
 report an ordinance hitherto referred to them, upon their reporting that they 
 are of the opinion that such proposed ordinances should not be made a part of 
 the Constitution ; Provided, that such report be received and adopted by this 
 Convention. And provided further, that this resolution shall not apply to any 
 proposed ordinance respecting the expenses of this Convention. 
 
 Mr. HOLLIS moved that' the resolutions be laid upon the table. 
 The question was taken upon the motion to lay the resolutions upon the 
 table. Before the announcement of the result, 
 ( 180 ) 
 
Jan. 18th.] AEKANSAS CONSTITUTIONAL CONVENTION. [lOth Day. 
 Powers and Duties of Convention.— OYPEET— HODGES of Pulaski— BEOOKS. 
 
 Mr, CYPERT said : I was up before the vote was called, and tried to 
 draw the attention of thei Chair, but could not obtain the notice of the 
 President. I certainly hope the Chair will rule that the voting is not 
 yet concluded. 
 
 The PRESIDENT : The Chair will suspend the announcement of the 
 result, until after th^ gentleman's remarks. 
 
 Mr. CYPERT. I suppose I injure my friends by advocating a meas- 
 ure; but I must still enter my protest against anything which may inter- 
 fere with the interests of my country. I do think, from a casual reading 
 of the resolution before us, that it defines clearly the true powers and 
 objects of this Convention. And it does seem to me remarkable that we 
 should table a resolution so expressive of the letter and spirit of that 
 authority which brought us into existence. We are certainly entitled to 
 an expression of the sense of the Convention, on a subject of such vital 
 importance. I desire that the vote be taken, upon this tabling, anew, 
 that each member may place himself upon the record, showing his opinion 
 on the subject. I want to know who it is that believes we have unlimited, 
 sovereign powers, and who believes we have only a limited scope within 
 which to act. This motion to table, it is true, is meant to kill the resolu- 
 tion. Its object is, to dodge the question, to lay it out of sight, and go on 
 loosely, without an expression of the sense of the Convention on the subject. 
 I want the vote to be taken direct. I could not get the attention of the 
 President, owing to the peculiar circumstances of my situation at the 
 time. 
 
 I now ask for the yeas and nays. 
 
 Mr. HODGES, of Pulaski. I would inquire what disposition has been 
 made of the resolution. 
 
 The PRESIDENT. The Chair did not observe the gentleman from 
 White (Mr. Cypert), who desired to take the floor ; and the motion was 
 put. In the noise of voting, the Chair did not perceive that the gentleman 
 desired the floor. It is with the Convention, under these circumstances, 
 to allow further discussion, by consent. 
 
 Mr. HODGES, of Pulaski. If I had had time, I intended myself to 
 present a different motion. It may be well to consider the matter a 
 little. I would not enter into discussion now, however. 
 
 The PRESIDENT. Discussion is not in order, as the vote is being 
 taken ; but as the vote has not been announced, the roll may be called, if 
 the Convention orders the yeas and nays. 
 
 The vote was then declared; and the motion to lay the resolution upon 
 the table was agreed to. 
 
 Mr. BROOKS. Having voted in the affirmative, I move to reconsider 
 the vote by which the resolution was laid upon the table. 
 
 ( 181 ) 
 
1868.] DEBATES AND PEOCEEDHSTGS OF THE • [Saturday, 
 
 — 1 , . 
 
 Powers tad Duties of Convention.— HODGES of Pulaski— BRADLEY— BEOOKS. 
 
 The question was taken upon the motion to reconsider the vote by 
 which the resolution was laid upon the table; and the motion was agreed to. 
 
 The question recurring upon the motion to lay the resolution upon the 
 table, 
 
 Mr. HODGES, of Pulaski, moved, as a substitute, that the resolution 
 be laid upon the table, and made the special order of the day for Satur- 
 day, February 1st. 
 
 Mr. BRADLEY. It is as well for us to decide to-day, as to postpone 
 it to some future time, whaf the prerogatives of this Convention are. 
 There seems to be a diversity of opinion, among the members, as to our 
 right to act upon anything other than the formation of a constitution and 
 the appropriation of funds for the payment of the necessary expenses of 
 the Convention ; and as this question will be involved, more or less, in 
 divers ordinances that may be introduced here, I am in favor of settling 
 it at once, so that we may understand exactly what we are here for, and 
 with what powers we are invested. I favored the reconsideration of the 
 motion to table the resolution, in order that we might discuss this ques- 
 tion. "We shall waste a great deal of time, unless we take the yeas and 
 nays, and ascertain the sentiment of the Convention, as to the relation 
 which we sustain to the people of Arkansas. 
 
 This Convention originated in an act of Congress; and, under the pro- 
 visions of that Act, a proposition was made, through the commanding 
 General, to the people of the State; which proposition embraced certain 
 conditions. And since the people of Arkansas have closed with that pro- 
 position, embracing all those conditions and contingencies, and since they 
 have called a convention, I, for one, insist that we are the people of 
 Arkansas, in Convention assembled, and that we have jurisdiction over 
 matters other than the mere formation of a constitution. 
 
 Mr. BROOKS. I have no disposition to enter lengthily into the merits 
 of the preamble and resolution offered. I have, however, this to say. 
 Upon this side of the hall— if we may speak thus " sectionally,"— we have 
 
 no disposition, whatever to hasten any matter through this body even the 
 
 simplest and most harmless resolution,— without affording to every gentle- 
 naan on this floor, who desires it, the most ample opportunity to deliver 
 himself. And least of all, sir, have we any disposition to " dodge." We 
 do not belong to the dodging dynasty. We are ready, at this or' any time 
 —at all times,— to meet, fairly, fully, and promptly, any measure that 
 may be introduced; and I, individually, and, I believe, in the main, those 
 who act with me, will assist gentlemen in securing the yeas and nays, on 
 any question that may be presented, 
 
 I do not desire to enter into a discussion of the merits of this question. 
 I may simply say that I concur, entirely, in the views presented by the 
 gentleman from Bradley [Mr. Bradley]. I do not see that there is any 
 
 ( 182 ) 
 
Jan. 18th.] AEKAISTSAS CONSTITUTIOJSTAL CONVENTION. [10th Day. 
 Powers and Duties of Convention.— BROOKS— MATTHEWS. 
 
 necessity for lumbering up this question, and seeing how many turns of 
 circumlocution we can accomplish here, or how far we can possibly suc- 
 ceed in befogging the question. I think it evident that we are assembled 
 here under the auspices of the General Government, acting through the 
 military; but when we have once assembled here, bj' vote of the people, 
 who by their ballots decided to call a convention, we have simply all the 
 prerogatives that any constitutional convention, assembled on behalf of 
 the people of any other State, may possess. I do not see that the situation 
 is at all complicated. I am readj', if you desire, to vote upon the proposi- 
 tion to postpone, and make the resolution the special order of the day for 
 a given time. That might perhaps be well. These matters have proba- 
 bly been touched upon, somewhat, in conversation among the members ; 
 but no elaborate and exhaustive discussion has been had ; and it may be 
 a matter upon which the younger members of the Convention, especially, 
 may desire to think, and secure information, before they are ready to act 
 upon a question of such great importance as is claimed for the doctrine of 
 the limited powers of the Convention. I do not wish to speak patroniz- 
 ingly, when I say there are young men on the floor, not now ready to 
 vote, aye or no ; and for this reason the postponement is moved. But I 
 am perfectly ready to face the music on the yeas and nays. 
 
 Mr. MATTHEWS. If the motion prevail, it will af course be tanta- 
 mount to voting down the resolutions; since all the evil will have occurred, 
 before their consideration is resumed, which they are desired to prevent. 
 An argument, I think, can scarcely be necessary, to show the truth of this 
 preamble, and the justness of the conclusions therefrom, enunciated in the 
 resolutions. That we are only here for a specific and well-defined pur- 
 pose, cannot, it seems to me,' admit of a doubt. We do not represent the 
 sovereign power of the people of the State, — if, indeed, they themselves 
 have or ever had such power. -We are not here even to make a constitu- 
 tion, but only to make a draft of one which will have to be submitted to, 
 and ratified by, the people, before even it can have any legal effect, or, in 
 other words, before it will be a constitution at all. We can no more make 
 a constitution for the people of the State, than a lawyer could sign, seal, 
 and deliver a deed for me, whom I had simply employed to write one. 
 But suppose I should employ a lawyer to write a deed for a piece of land 
 I designed to sell, and he, on no better authority than that, should set 
 himself up as the general manager of my business. Would not any one 
 say that he had flagrantly transcended his authority ? But certainly not 
 more so than we will transcend ours, if, simply because we are empowered 
 to frame a constitution, which may, or may never, be ratified by the people, 
 we assume to interfere in any other particular with the affairs of the State 
 or the people. Why, sir, if the simple adoption, by us, of an ordinance 
 or resolution, gives it legal force,— makes it binding upon the people,— 
 
 ( 183 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Saturday, 
 
 Committee to Prepare Memorial for Eemoval of Political Disabilities. 
 
 then we have the power to effectually forestall the option which the people 
 are supposed to have regarding the ratification of the constitution. For 
 if we think the people would not be likely to ratify such a constitution as 
 we would desire that they should, — instead of making a technical constitu- 
 tion, we have only to embody what wt think should be the organic law of 
 the land, in an ordinance, or series of ordinances. I subscribe, sir, to no 
 such doctrine. 
 
 Mr. -McCLURE. I object to the presentation of any such resolutions 
 before the Convention. This is not a judicial body. And if every mem- 
 , ber of this Convention should express the doctrine of these resolutions as 
 his sentiments, what would that decide ? Nothing — nothing whatever. 
 If this body assumes to pass ordinances, if it attempts to undertake busi- 
 ness, outside the mere act of submitting a constitution to the people, the 
 validity of such action will be a question for the courts — let the courts 
 decide it. We do not need to consume the time of the Convention, by 
 arguing such questions. 
 
 Mr. MATTHEWS asked for the yeas and nays, upon the motion to 
 lay the resolutions upon the table, and make them the special order for 
 Saturday, February 1st. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the affirmative, — Yeas 
 47, Nays IT, as follows: 
 
 Yeas: Messrs. Belden, Bell, Bradley, Brashear, Brooks, Coates, Dale, Exod, 
 Gray o^f Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, 
 Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchinson, John- 
 son, Kyle, Langley, Mallory, Mason, Merrick, Misner, Millsaps, Montgomery, 
 McClure, McCown, Murphy, Oliver, Poole, .Portis, Priddy, EawHngs, Eector, 
 Eounsaville, Samuels, Sarber, Smith, Snyder, Wilson, White, Williams, Wyatt 
 —47. 
 
 Nays : Messrs. Beasley, Corbell, Cypert, Duvall, Evans, Gantt, Hicks, Hoge, 
 Matthews, Owen, Puntney, Eeynolds, Shoppach, Sims, Van Hook, Walker, 
 Wright— 17. 
 
 So the resolutions were laid upon the table, and made the special order 
 for Saturday, February 1st. 
 
 COMMITTEE TO PREPAKE MEMORIAL FOR REMOVAL OF POLITICAL DISABILITIES. 
 
 The PRESIDENT announced the following Committee to prepare 
 Memorials to Congress, asking the Removal of the Political Disabilities 
 of certain person S.- 
 Messrs. Hinds, Sims, Dale, Brooks, and Hodges of Pulaski. 
 
 ( 184 ) 
 
Jan. ISth.J AEKANSAS CONSTITUTIONAL CONVENTION. [10th Day. 
 Sunday Religious Services by Chaplain — Homestead Exemption. 
 
 SUNDAY RELIGIOUS SERVICES BY THE CHAPLAIN. 
 
 Mr. BROOKS. I would ask permission of tlie Convention to offer a 
 resolution, out of the course of business. 
 E"o objection being made, 
 Mr. BROOKS offered the following resolution : 
 
 " Resolved: That the Chaplain of this Convention be and is hereby requested 
 to preach and conduct Divine Services in this Hall at lOJ o'clock on next Sab- 
 bath, and each succeeding Sabbath during the Session of the Convention. 
 That the announcement of these services be published in the city papers, and 
 the citizens at large be invited to unite with us in the service.^' 
 
 The question was taken; and the motion was unanimously agreed to. 
 
 HOMESTEAD EXEMPTION. 
 
 Mr. BELDE]^, by consent, offered the following Ordinance, which was 
 read a first time : 
 
 Be it ordained by the people of the State of Arkansas in Convention assembled : 
 That in addition to Ijhe homestead now exempt by law from execution, there 
 shall be exempt from sale under execution the further amount of personal 
 property of the sum of one thousand dollars, to be selected by the debtor, the 
 same to be appraised by three disinterested citizens of the township in which 
 the defendant in the execution resides. 
 
 Mr. VAN HOOK moved that the Ordinance be referred to the Com- 
 mittee on Exemption of Re§l and Personal Estate. 
 
 The question was taken ; and the motion was unanimously agreed to. 
 
 Mr. BRA8HEAR [Mr. Matthews in the chair'] moved that the Con- 
 vention adjourn. 
 
 The question was taken; and the motion was agreed to; 
 
 And thereupon, at 12.15, p.m., the Convention adjourned to 10, a.m., of 
 Monday, January 20th. 
 
 ELEVENTH DAY. 
 
 Monday, January 20th, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 Present : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Har- 
 
 ( 185 ) 
 
1868.] DEBATES AKD PROCBBDOGS OF THE [Monday, 
 
 Eeading Journal from Bound Book — Expenses of Convention. 
 
 j-ison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, HoUis, Hodges of Crittenden, 
 Hodges of Pulaski, Hoge, Houghton, Hutchinson, Kelly, Kyle, Mallory, Mason, 
 Matthews, Merrick, Misner, Millsaps, McClure, Montgomerj'-, Oliver, Owen, 
 Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, Eounsaville, 
 Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, Van Hook, Walker, 
 "Wilson, White, Williams, "Wright, Wyatt, and the President. 
 Sick and Excused : Messrs. Bradley and Johnson. 
 
 READING iOF JOURNAL FROM A BOUND BOOK — AGAIN. 
 
 The SECRETARY proceeded to read the Journal of Saturday; when 
 
 Mr. CYPERT moved that the reading be deferred until the minutes 
 should be copied into the book called for by the resolution adopted on 
 Saturday. 
 
 Mr. K"YLE opposed the motion. The plan proposed would in its prac- 
 tical working be likely, to occasion the disfigurement of the permanent 
 record. The Journalwas read to the Convention for correction: the 
 alterations called for must^be made before the final transcription in the 
 book, or interlineations and erasures must appear in the official copy. 
 
 Mr. CYPERT replied, that upon any other plan than that proposed, 
 oversights might frequently occur in transcription, after the minutes were 
 corrected, and it would at last become necessary to read the Journal from 
 the book. 
 
 The PRESIDENT. In accordance with the motion agreed to by the 
 Convention, be that right or wrong, the minutes should be read from the 
 book. 
 
 Mr. BROOKS moved that the reading oi't\e Journal, for the morning, 
 be dispensed with. 
 
 The question was taken ; and the motion was agreed to. 
 
 EXPENSES OF THE CONVENTION. 
 
 Mr. BROOKS moved that the Convention proceed to consider the spe- 
 cial order of the day; bping, the consideration of " Ordinance ISTo. 1," enti- 
 tled "An Ordinance Raising Revenue for the purpose of Defraying Ex- 
 penses of Constitutional Convention," reported from the Committee on 
 Finance, Taxation, Public Debt, and Expenditures; and the substitute 
 therefor, "Ordinance ISTo. 2," offered by Mr. Cypert, entitled "An Ordi- 
 nance to provide for the Payment of the Expenses of the Convention." 
 
 The question was taken ; and the motion was agreed to ; so the rules 
 were suspended, and the Convention proceeded to consider the special 
 order of the day. 
 
 Mr. HODGES, of Pulaski. Do I understand that the substitute is now 
 before the Convention ? 
 I 186 ) 
 
Jan. 20th.] AEKANSAS COlSTSTITUTieNAL CONVENTION. [11th Day. 
 Expenses of Convention.— HODGES of Pulaski— MONTGOMERY -HINDS— CYPERT. 
 
 The PRESIDENT. The substitute will be first taken up. ^ 
 
 The question being upon the second reading of the substitute, 
 
 Mr. HODGES, of Pulaski, asked for the yeas and nays. 
 
 Mr. MONTGOMERY moved that the consideration of the substitute 
 be indefinitely postponed.' • 
 
 Mr. HODGES, of Pulaski. I am entirely opposed to that. I want to 
 vote directly upon the question. The proposition now is, .to {ax a certain 
 class of people, by a poll-tax, to defray the expenses of this Convention. I 
 want the privilege of voting directly upon that proposition ; and when the 
 vote shall be reached, I shall call for the yeas and nays. 
 
 Mr. MONTGOMERY. My opinion is, that the gentleman can get him- 
 self upon the record, just as well, by voting upon the substitute; and by 
 postponing indefinitely we get rid of the consideration of the second and 
 third readings of the substitute, and consequently save considerable time 
 and expense to the State. It does appear to me, sir, that an indefinite 
 postponement affords more emphatically a record, than would a direct 
 vote upon the substitute. It is the only way that I know of, in legislative 
 bodies, in which a question which might at any time arise may be got rid 
 of entirely, for the whole session. I do not see why the gentleman desires 
 to get a direct vote, when the vote on the proposition immediately before 
 us is, in effect, a direct vote, and most emphatically so. 
 
 Mr. HINDS. This is a matter of considerable importance. It is pro- 
 posed, by an ordinance, to impose a tax upon a certain class of people of 
 this State. Eor one, I am desirous of placing myself upon the record, on 
 that subject; and I think that no gentleman should desire otherwise than 
 to vote squarely upon the question. If the gentlemen who present this 
 Ordinance wish its adoption, they ought to be willing to place themselves 
 on record. 
 
 Mr. MONTGOMERY asked for the yeas and nays. 
 
 The call for the yeas and nays was not sustained. 
 
 The question was then taken on the motion to postpone the subject 
 indefinitely; and the motion was not agreed to. 
 
 Mr. CYPERT. We have passed an ordinance providing for defraying 
 the expenses of the Convention. As I voted against the Ordinance, 
 and intend to vote against everything that looks to the pay of this Con- 
 vention, and taking money from the people of the State, I withdraw the 
 substitute. 
 
 Mr. HODGES, of Pulaski. I object. 
 
 The PRESIDENT. The gentleman cannot withdraw his substitute 
 unless by consent; and as objection is made, the substitute cannot be 
 withdrawn. The question is now upon the second reading of the substi- 
 tute, as an ordinance. 
 
 Mr. BROOKS. I rise to a point of order. Do I understand the Chair 
 
 (187 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Expenses of Convention.— BROOKS— BETNOLDS—CYPEET—GANTT. 
 
 ^to decide that the substitute is to be acted upon, by the Convention, as an 
 ordinance, and that it is not in the nature of an amendment? 
 
 The PRESIDEISTT. It is a substitute; and the Chair is of opinion that 
 the way to reach the question, in its present attitude, is tolet the substitute 
 take the same course with any other ordinance, and be adopted or rejected 
 on its final reading. It has been read once, and the question is upon its 
 second reading.. ' 
 
 Mr. BEOOKS. Then I appeal from the decision of the Chair. 
 
 Mr. EETNOLDS. I would inquire whether the substitute has an en- 
 acting clause, and a title. 
 
 The PRESIDENT. It-has. 
 
 Mr. CYPERT. I would ask whether there has been a motion to adopt 
 the proposition now before the Convention, as a substitute, or as an ordi- 
 nance ? Has there been a motion to adopt it in any way ? 
 
 The PRESIDENT. It went to its first reading, and the Chair therefore 
 assumed that it should take the course of ordinary ordinances. It was 
 understood, by the Chair, that these ordinances were to take the course 
 of bills. The Chair will read from the Manual : 
 
 " "When a bill is first presented, the Clerk reads it at the table, and hands it 
 to the Speaker, who rises, states to the House the title of the bill, that this is 
 the first time of reading it, and the question will be whether it shall be read a 
 second time. Then sitting down, to give an opening for objections. If none 
 be made; he rises again, and puts the question whether it shall be read a second 
 time." 
 
 Before that question was reached, it was moved to make it a special 
 order of the day. I profess to have no experience in these matters. I 
 simply take the Manual, and put the question in accordance with the .law 
 laid down there. 
 
 Mr. GANTT. I would inquire whether the original ordinance had been 
 read a second time. 
 
 The PRESIDENT. The first time only. 
 
 The vote was then taken upon the question, " Shall the decision of the 
 Chair be sustained ?" and it was decided in the negative. 
 
 So the decision of the Chair was not sustained. 
 
 Mr. BROOKS. I move (it being understood that I shall vote against my 
 own proposition) that the substitute be adopted, in place of " Ordinance 
 No. 1 ;" and upon that motion I call for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken on the adoption of the substitute; and it was 
 decided in the negative, — Yeas 8, Nays 52, as follows : 
 
 Yeas : Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Owen, Shoppach, and 
 Wright— 8. , 
 
 ( 188 ) 
 
Jan. 20th.J AEKANSAS CONSTITUTIONAL CONVBNTIOISr. [11th Day. 
 Expenses of Convention.— KETNOLDS—McCLUKE. 
 
 Nays: Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, Jlvans, 
 Bxon, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, 
 Hinkle, Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchin- 
 son, Johnson, Kyle, Langley, Mallory, Mason, Matthews, Merrick, Montgomery, 
 McCown, McClure, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, 
 Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, 
 Van Hook, Wilson, Wyatt, White, and the President — 52. 
 
 So the substitute was rejected. 
 Pending the' call of the roll, 
 
 Mr. REYlf OLDS (when his name was called) said : I would state that 
 I am opposed to taxation by this Convention, in any shape. 
 
 The vote having been declared, as above, 
 
 Mr. HODGES, of Pulaski, moved that the Ordinance, "No. 1," be re- 
 committed to the Committee on Finance, Taxation, Public Debt, and Ex- 
 penditures. 
 
 The question was taken ; and the motion was agreed to. 
 
 Whereupon, 
 
 Mr. McCLURE, from the Committee on Einance, etc., reported back the 
 Ordinance, with the following amendments : In line 2, of the Ordinance 
 as printed, strike out the words "one-half of one per cent.," and insert 
 the words " one-fourth of one per cent." In line 7, strike out the words 
 " eighteen hundred and sixty-eight," and insert the words " eighteen hun- 
 dred and sixty-nine." On line 16, strike out the words " placed upon the 
 Tax Books for the year eighteen hundred and sixty-seven," and insert the 
 words " placed upon the Tax Books for the year eighteen hundred and 
 sixty-eight." 
 
 By direction of the PRESIDENT, 
 
 The SECRETARY read the Ordinance, as amended. 
 
 Mr. BROOKS moved that the Ordinance, as reported back with amend- 
 ments, be Jaid upon the table, and made the special order for the next 
 day, Tuesday, January 21st. 
 
 The question was taken ; and the motion was agreed to. 
 
 Reports of standing committees being in order, 
 Mr. McCLURB presented the following 
 
 EEPOKT OP COMMITTEE ON EINANCE, TAXATION, PUBLIC DEBT, 
 AND EXPENDITUKES. 
 
 Section One. The levying of taxJes by the poll is grievous and oppressive ; 
 therefore the General Assembly shall never levy a poll tax for State or county 
 purposes.. 
 
 ( 189 ) 
 
1868.] DEBATES A:ND PEOCEEDINGS OP THE [Monday, 
 
 Eeport of Committee on Finance, Taxation, Public Debt, and Expenditures. 
 
 Section Two. Laws shall be passed taxing by a uniform rule all money credit, 
 investments in bonds, joint stock companies, or otherwise ; and also all real 
 and personal property, according to its true value in money; but burying- 
 grounds, public school-houses, houses used exclusively for public worship, in- 
 stitutions of purely public charity, public property used exclusively for any 
 public purpose, shall never be taxed. Real estate shall be appraised every five 
 years by an appraiser to be provided for by law, at its true value in money ; 
 and each owner of real estate shall be entitled to an exemption of five hundred 
 dollars. Personal property shall be appraised, in such manner as may be pro- 
 vided by law, at its true value in money, but the General Assembly may exempt 
 from taxation personal property to the value of five hundred dollars to each 
 tax-payer. 
 
 Section Thkee. The General Assembly shall provide by law for taxing the 
 notes and bills discounted or purchased, moneys loaned, and all other property, 
 effects, or dues of every description, without deduction, of all banks, now exist- 
 ing, or hereafter created, and of all bankers, so that all property employed in 
 banking shall always bear a burden of taxation equal to that imposed on other 
 property of individuals. , 
 
 Section Four. The General Assembly shall provide for raising revenue suf- 
 ficient to defray the expenses of the State, for each year; and also a sufficient 
 sum to pay the interest on the State debt. 
 
 Section Five. No tax shall be levied except in pursuance of law; and every 
 law imposing a tax, shall state distinctly the object of the same. 
 
 Section Six. The credit of the State, or counties, shall never be loaned for 
 any purpose without the consent of the people thereof; expressed through the 
 ballot box. 
 
 Section Seven. The General Assembly may require the exhibit of receipts 
 and expenditures of State and county officers, at such time and in such manner 
 as may be prescribed by law. 
 
 Section Eight. No money shall be paid out of the treasury, until the same 
 shall have been appropriated by law. 
 
 Section Nine. The State may contract debts to supply casual deficits or 
 failures in revenues, or to meet expenses not otherwise provided for ; and the 
 money arising from the creation of such debts shall be appropri*it'ed to the 
 purpose for which it was obtained, or to pay the debt so contracted, and to no 
 other. 
 
 Section Ten. In addition to the above power, the State may contract debts 
 to repel invasion, suppress insurrection, preserve the public peace, defend the 
 State in time of war, or to redeem the present outstanding indebtedness of the 
 State; but the money arising from the contracting of such debts shall be ap- 
 plied to the purpose for which it was raised, and no other; and all debts in- 
 curred to redeem the present outstanding indebtedness of the State, shall be so 
 contracted as to be payable by the sinking-fund, hereinafter provided for as 
 the same shall accumulate. ' 
 
 Section Eleven. The faith of the State being pledged for the payment of its 
 public debt, ni order to provide therefor there shall be created a sinking-fund ; 
 ( 190 ) 
 
Jan. 20th.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [11th Day. 
 Keport of Committee on Tinance, Taxation, Public Debt, and Expenditures. 
 
 which shall be suflQcient to pay the ac(iruing interest on such debt, and annu- 
 ally to reduce the same. The said sinking-fund shall consist of such net earn- 
 ings and profits, of public institutions, bonds, stocks, or other property of the 
 State, or of any other funds or resources, that are or niay be provided by 
 law. • 
 
 Section Twelve. The Governor, Secretary of State, and Attorney-G-eneral, 
 are hereby created a Board of Commissioners, to be styled " The Commissioners 
 of the Sinking-Fund." 
 
 Section Thirteen. The Commissioners of the Sinking-Pund shall, immedi- 
 ately preceding each regular session of the General Assembly, make an esti- 
 mate of the probable amount of the fund provided for by the eleventh section 
 of this article, from all sources, except from taxation, and report the same, 
 together with all their proceedings relative to said fand and the public debt, 
 and transmit the same to the General Assembly, and the General Assembly 
 shall make all necessary provision for raising and disbursing said sinking-fund, 
 in pursuance of the provisions of this article. 
 
 Section Fourteen. It shall be the duty of the said Commissioners, faithfully 
 to apply, in such manner as the General Assembly may by law direct, said 
 fund, together with all moneys that may be bj'- the General Assembly appro- 
 priated to that object, to the payment of the interest as it becomes due and the 
 redemption of the principal of the public debt of the State, excepting only 
 school and trust funds held by the State. 
 
 Section Fifteen. The principal arising from the sale of all lands donated to 
 the State for school purposes, shall be paid into the treasury, and the State 
 shall pay interest thereon for the support of schools, at the rate of six per cent, 
 per annum. 
 
 Section Sixteen. The State shall never assume the debts of county, town, 
 city, or other corporation, unless such debts have been created to repel invasion, 
 suppress insurrection, or to provide for the public welfare and defence. 
 
 Section Seventeen. The General Assembly shall tax all privileges, pursuits, 
 and occupations, that are of no real use to society; all others shall be exempt, 
 and the amount thus raised shall be paid into the treasury. 
 
 Mr. HIISTDS moved that the Report be laid upon the table, that one 
 hundred copies be printed for the use of members of the Convention, and 
 that the Report be made the special order of the day for Saturday, Janu- 
 ary 25th. 
 
 The question was taken ; and the motion was agreed to. 
 
 APPOINTMENT OF PUBLIC PRINTER. 
 
 Mr. McCLURE, from the Committee on Printing, presented the foUow- 
 mg Ordinance, which was read a first time : 
 
 ( 191 ) 
 
1868.] DEBATES AND PEOCEEDIKGS OF THE [Monday, 
 
 Appointment of Public Printer.— CTPEET—McOLUKE. 
 
 AN ORDINANCE DECLARING A PUBLIC PRINTER. 
 
 Be it ordained by the people of Arkansas in Convention assembled : That John 
 G. Price is hereby declared Public Printer of.this Convention, and also for the 
 State of Arkansas ; and that all printing of laws, journals, and other proceed- 
 ings and legal advertisements, which is by law made the duty of the State 
 printer, shall be transferred to him ; and that he shall receive therefor the 
 rates nOw prescribed by law. And it is hereby made the duty of the Secretary 
 of this Convention to notify all State and county ofBcials of the passage of 
 this Ordinance, which shall take effect from and after its passage. 
 
 Mr. CYPERT. I move to refer the pi-oposed Ordinance to a special 
 committee, with instructions to ascertain what are the lowest rates at which 
 the printing can be obtained. 
 
 Mr. McCLURE. I have only this to say; that some provision must be 
 made for the printing for this Convention ; and that at once. Matter for 
 printing is accumulating; the reports of the various committees having in 
 chai-ge the preparation of the different portions of the Constitution, are 
 daily submitted, l^o contract has been made for the printing, nor has 
 any provision been made by the Convention, authorizing such a contract. 
 For this reason, and in order to avoid the delay which must result from a 
 reference of the matter to a special committee, however prompt might be 
 its action, the Ordinance was introduced in the form in which it is pre- 
 sented. The rates fixed are those which were fixed by the gentlemen on 
 the other side of the house. If they are too high, any odium iixat there 
 may be, attaches to those who fixed the rates. We merely adopt their 
 action. It is to be presumed the rates are not too high ; and if they are 
 not so, I hope the proposition for a reference will be voted down. 
 
 The question was taken on the motion to refer, and it was not agreed to. 
 
 Mr. HODGES, of Pulaski. I move that the rules be suspended, and 
 that the Ordinance pass to its second and third readings. 
 
 The question was taken, the motion was agreed to; and the Ordinance 
 was read a second and third time. 
 
 Mr. MATTHEWS moved to amend the Ordinance by striking out all 
 except so much as declared John G. Price Public Printer of this Conven- 
 tion. 
 
 , Mr. BROOKS moved that the amendment lie upon the table. 
 Upon which motion 
 
 Mr. CYPERT called for the yeas and nays. 
 The yeas and nays were ordered. 
 ( 192) 
 
Jan. 20th.] AEKANSAS CONSTITUTIONAL CONVENTION. [11th Day. 
 Appointment of Public Printer.— BEOOKS—BEASLET—McCOWN. 
 
 The question was taken upon the motion to lay the amendment upon 
 the table; and it was decided in the affirmative, — Yeas 46, Nays 16, as 
 follows : 
 
 Yeas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, Exon, 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hin- 
 kle, Hollis, Hodges of Pulaski, Hodges of Crittenden, Houghton, Hutchinson, 
 Johnson, Kyle, Langley, Mallory, Mason, Merrick, Misner, Millsaps, Mont- 
 gomery, McClure, Oliver, Poole, Portis, Priddy, Eawlings, Eector, Sams, 
 Samuels, Sarber, Scott, Smith, Snyder, White, "Williams, Wyatt, and the Presi- 
 dent — 46. 
 
 Nays: Messrs. Beasley, Cypert, Duvall, Gantt, Hicks, Hoge, Matthews, 
 McCown, Owen, Puntney, Eeynolds, Shoppach, Yan Hook, Walker, Wilson, 
 and Wright— 16. 
 
 So the amendment was laid upon the table. 
 
 The Ordinance being upon its final passage, 
 
 Mr. BEOOKS said: I have only to say, that as the point aimed at by 
 our friends on the opposite side is economy, I take it for granted that the 
 compensation fixed by law was so fixed with deliberation, and after careful 
 inquiry into the necessary outlay; and is not extravagant. We presume 
 upon that. 
 
 Mr. BEASLEY. I wish to make a remark or two in regard to my 
 vote. I was in favor of the proposition to let out the printing to the 
 lowest bi*dder, thinking that such a course would be fairest to my constit- 
 uents. I am an honest man. I do not impeach others, by saying that I 
 am honest; but I want everything done fairly for my constituents. 
 
 The yeas and nays were asked, and ordered. 
 
 The question was then taken upon the final passage of the Ordinance ; 
 and it was decided in the affirmative, — Yeas, 45, ISTays, 14, as follows : 
 
 Yeas : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, 
 Hollis, Hodges of Crittenden, Houghton, Hutchinson, Johnson, Kyle, Langley, 
 Mallory, Mason, Merrick, Misner, Millsaps, Montgomery, McClure, Oliver, Poole, 
 Portis, Priddy, Eawlings, Eector, Samuels, Sarber, Scott, Smith, Snyder, 
 Wilson, White, Williams, Wyatt, and the President— 45. 
 
 Nays : Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Matthews, McCown, 
 Owen, Puntney, Eeynolds, Shoppach, Yan Hook, Walker, and Wright— 14. 
 
 So the Ordinance was passed. 
 Pending the callin-g pf the roll, 
 ' Mr. McCOWiN" (when his name was called), said : From the fact that I 
 
 13 ( 193 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Expenses of Convention.— GENERAL DEBATE. , 
 
 do not know what the rate of public printing is, and not intending to vote 
 upon any subject in the dark, I shall vote !N"o. 
 
 EXPENSES OP THE CONVENTION — AGAIN. 
 
 Mr. CYPERT" asked permission to send to the Secretary's desk an 
 explanation of his vote, upon the Ordinance to provide for the Payment 
 of the Expenses of this Convention, which explanation he requested to 
 have entered upon the Journal ; and which was read by the Secretary, as 
 follows, viz. : , 
 
 " I vote for the substitute, as a choice between the Ordinances ; but shall vote, 
 on the final vote, against all measures tending to tax the people for the expenses 
 of this Convention." 
 
 Mr. HOGrE requested to have his name added to the paper presented 
 by Mr. Cypbrt. 
 
 The word " I," in said paper, was accordingly changed to " We;" and 
 the paper was signed by Messrs. Cypert and Hoge. 
 
 Mr. GAJSTTT requested to have his name added to the explanation ; 
 which was done. 
 
 Mr. REYl^rOLDS asked permission to send to the Secretary's desk an 
 explanation of his ^^ote, which explanation he requested to have entered 
 upon the minutes ; and which was read by the Secretary, as follows : 
 
 " I vote No ; because I am opposed to taxation, in any shape, for the expenses 
 of this Convention." 
 
 Mr. CYPERT. I proposed, first, to withdraw it, so as to prevent a vote 
 at all : and was not allowed to do so. 
 
 Mr. BROOKS. I am certainly in favor of the largest liberty, in these 
 • respects, consistent with good order and parliamentary usage; and an 
 explanation given at the time of voting, is perfectly proper, I suppose, and 
 a note will be made of it. But unless these gentlemen want to come in 
 with a protest against the action which they themselves have chosen to 
 take, on their own measures, I am not disposed, for my own part, to con- 
 sent to have the Journal lumbered up with explanations which gentlemen 
 give after an hour or two's reflection, in which to get up such documents, 
 and prepare reasons for their course, to go on file. 
 
 Mr. CYPERT. My explanation is very short; and it is precisely that 
 which I gave before casting my vote. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order — whether it is in 
 order to have an explanation go upon the record. I suppose that a protest 
 could be spread upon the Journal, at large ; but whether a speech, in tjie 
 nature of an explanation, can properly appear there, I doubt. 
 ( 194 ) 
 
Jan. 20th.] AEKANSAS CONSTITUTIONAL CONYBNTION. [11th Day. 
 Purchase-money for Slaves. — SMITH. 
 
 The PRESIDENT. It is an ordinary occurrence to have gentlemen 
 give their explanations at the time of taking the vote, and have them 
 placed upon the minutes. Whether it can be done afterward, is question- 
 able. The Chair is of opinion that the explanations submitted cannot 
 properly be placed upon the Journal, unless by consent of the Convention. 
 
 Mr. CYPEE.T. I have no desire to cavil. I made the statement, and 
 presume the reporters will have it appear. I have never before, however, 
 in any deliberative body, heard any objection raised to any member put- 
 ting his reasons, in brief, upon the record. 
 
 In order that the Convention may decide the matter, I move that the 
 explanation be entered on the Journal. [Cries of "Leave."] 
 
 By unanimous consent of the Convention, the explanations were per- 
 mitted to be placed upon the Journal. 
 
 Mr. HODGES, of Pulaski. It may be well enough for these statements 
 to go upon the record. Hereafter, I shall be opposed to speeches or ex- 
 planations going upon the Journal. They can be reported in the oiBcial 
 report of the proceedings. 
 
 PURCHASE-MONEY FOR SLAVES. 
 
 Motions, resolutions, and notices being in order, 
 
 Mr. SMITH offered the following ordinance, which was read a first time : 
 
 AN ORDINANCE RESPECTING THE SALE OF SLAVES. 
 
 Be it ordained by the people of the State of Arkansas, in Convention now assembled : 
 
 First: That liberty is the natural right of all men. 
 
 Second: That slavery was a violation of that right, and could only exist by 
 positive law. 
 
 Third : That slavery, having been abolished by Act of the Convention held 
 in this State, A. D. 1864, it is hereby forever prohibited, "except as a punish- 
 ment for crimes, of which the party shall have been convicted by due process 
 of law. 
 
 Fourth: That the fiat of the sovereign power, having restored the slave to 
 freedom, did thereby release the vendor of slaves from his obligations of title 
 and warranty, and also absolved the vendee from all obligation of payment. 
 
 Fifth : That no court in this State shall take jurisdiction of any cause, the 
 object of which is to recover the price of slaves, or to enforce any contracts in 
 which the purchase of slaves was the consideration. 
 
 Sixth : That all suits now pending in the courts of this State, upon all such 
 obligations and contracts, shall be dismissed, and that all judgments and de- 
 crees, had on such obligations and contracts, since slavery was abolished in 
 this State, are hereby declared to be null and void. 
 
 { 195 ) 
 
1868.] DEBATES AND PEOCBEDIlSrGS'OP THE [Monday, 
 
 Engrossment — Payment of Deputy Sheriflfs — Eeduction in Number of Officers. 
 
 Mr. SMITH moved that the Ordinance be referred to the Committee 
 on Ordinances. 
 The question was taken ; and the motion was agreed to. 
 
 ENGROSSMENT. 
 
 Mr. POOLE. As it is necessary now to commence engrossing, I request 
 that the Committee on Engrossment be permitted to retire to their com- 
 mittee-room. 
 
 No objection being made, 
 
 The members of the Committee on Engrossment were excused. 
 
 PAYMENT OF DEPUTY SHERIFFS — AGAIN. 
 
 Mr. MoCLUEE, from the Committee on Finance, Taxation, Public 
 Debt, and Expenditures, presented, by consent, the following Eeport : 
 
 EEPOET OF COMMITTEE ON FINANCE, ETC., ON PAYMENT OF DEPUTY 
 
 SHEEIPES. 
 
 Tour Committee, to whom was referred the accounts of Deputy Sheriffs, by 
 the commanding General, beg leave to report that in their opinion this Con- 
 vention has no authority to provide for the payment of debts incurred prior to 
 the election of Delegates. Your Committee further report that the oath of 
 ofllce, required by the Eeconstruction Acts of Congress, does not appear with the 
 accounts submitted. — We therefore recommend that the accounts be referred 
 to the commanding General, by the Secretary of this Convention, with the 
 opinion herein expressed. 
 
 McClure, Chairman. 
 
 On motion, the Eeport was adopted. 
 
 REDUCTION IN NUMBER OF OFFICERS — AGAIN. 
 
 Mr. McCLUEE, from the Committee on Finance, Taxation, Public 
 Debt, and Expenditures, to whom were referred the resolution inquiring 
 into the practicability of dispensing with some of the officers of the Con- 
 vention, presented, by consent, the following Eeport: 
 
 Your Committee beg leave to report that, in their opinion, there are no more 
 officers elected for this Convention, than are required to transact the business. 
 
 (Signed) John C. MoClure, 
 
 James L. Hodges, 
 J. E. Montgomery, 
 Clifford Stanley Sims, 
 G. S. Scott. 
 On motion, the Eeport was adopted. 
 ( 196 ) 
 
Jan. 20th.J AEKANSAS CONSTITUTIONAL CONVENTION. [11th Day. 
 County-seat of Little Elver County — Committee on Correspondence. 
 
 COUNTY-SEAT OF LITTLE RIVER COUNTY. 
 
 Mr. SCOTT oiFered the following resolution : 
 
 Resolved : That Eichard S.tandal, Albert Fengler, and L. W. Davis, be, 
 and they are hereby, appointed Commissioners to locate the Countj-seat of 
 Little Eiver County. 
 
 Mr. REYNOLDS. I think that matter should be referred to some ap- 
 propriate committee. I move its reference to the Committee on Bound- 
 aries. 
 
 The question was taken on the motion to refer; and the motion was 
 agreed to. 
 
 COMMITTEE ON CORRESPONDENCE. 
 
 Mr. BROOKS offered the following resolution: 
 
 Besolved : That a special committee of three be appointed, to be denominated 
 a Committee on Correspondence. 
 
 Mr. CYPERT. I move to lay the resolution on the table. 
 
 I wish to make one remark only. I cannot see what correspondence 
 this Convention really wants to have, unless with its constituents. We 
 ought to look to nobody but the people of Arkansas, for what we are 
 doing here. Correspondence with the world might look big, and make 
 a show; but we are in Arkansas, and what others than our constituents 
 have to do with what we are doing here, — if we are doing anything, — I 
 don't know. 
 
 Mr. BROOKS. I hope the gentleman's mind will become clear, after 
 a time, upon questions of this kind, which we have had raised a second 
 time. A day or two since, he was very anxious to know whether we had 
 any authority, or not. Now he is in doubt whether we are doing any- 
 thing, here, or not. T am not quite clear, myself, as to the prerogatives 
 and accomplishments of the Convention; but perhaps it is as well to toler- 
 ate ourselves, at least. From the other side of the room, too, we have 
 had frequent reminders of the fact that we are not here as the represent- 
 atives of the pfeople of Arkansas, untrammelled, but that we are here under 
 military authority, and can proceed only as we may secure military ap- 
 proval. And as there are a number of points, with respect to the business 
 of this Convention, concerning which we desire to correspond with the 
 military commander of the District, and, perhaps, with the commander of 
 the 'Sub-District, it seemed to me desirable that we might have a formal 
 committee appointed for that purpose, to correspond officially with these 
 
 ( 19T ) 
 
1868.] DEBATES AISTD PEOCBEDHSTGS OF THE [Monday, 
 
 Committee on Ratification — Relief for the Suffering Poor. — BROOKS. 
 
 commanding Generals, respectively, and with any other person or power, 
 if there be any outside the boundaries of Arkansas, with whom we might 
 desire a correspondence. We have no tenacity whatever, on the subject. 
 As far as regards the correspondence with our constituents, if the gentle- 
 man on the other side of the house [Mr. Brooks] desires a clerk, to keep 
 up his correspondence with his constituency, we will, I doubt not, cheer- 
 fully vote to pay for one. 
 
 The question was taken on the motion to lay the resolution upon the 
 table; and the motion was not agreed to. 
 
 The question was then taken on the adoption of the resolution; and the 
 resolution was adopted. 
 
 COMMITTEE ON RATIFICATION. 
 
 Mr. HODGES, of Pulaski, offered the following resolution : 
 
 Resolved : That the President appoint a Select Committee, of three, upon 
 Eatification. 
 
 Mr. CYPEET. I fail to understand this. Has this Convention any 
 ratification to do ? I once heard an anecdote of a yoi^ng student of law, 
 who was examined by his preceptor, and in the course of the examination 
 upon the Law of ISTations, the question as to the nature of the ratification 
 of treaties came up. He replied that he supposed that if, in passing, by 
 sea, between the one government and the other, the treaty should be 
 destroyed by the rats in the ship, it would be ratified. When we get our 
 Committee on Correspondence, in passing their correspondence to differ- 
 ent localities it may become ratified in that way. But what else we can 
 have to do with ratification, I don't understand. 
 
 The PEESIDEJSTT put the question, when 
 
 Mr. WALKEE said : I move to amend the resolution, so as to provide 
 for submitting the result of our labors to a committee of sixty-six thou- 
 sand, for ratification. 
 
 The PEE8IDENT. The gentleman's amendment comes too late. 
 
 The question was then taken; and the resolution was adopted. 
 
 Mr. HIKKLE moved that the Convention adjourn, 
 
 RELIEF FOR THE POOR OF THE STATE. 
 
 Mr. BEOOKS. I would ask that the motion be withdrawn, to enable 
 me to ask the members of the Convention, and any others interested in 
 the matter of the relief of the poor, to meet in the hall at two o'ck)ck, 
 with the Committee on Eelief, that the Committee may obtain informa- 
 tion of the state of things in the different counties, and receive any sug- 
 ( 198 ) 
 
Jan. 20th.J AEKANSAS CONSTITUTIONAL CONVENTION, [lltb Day. 
 Appointment of Committees on Eatification and Correspondence — Adjournment. 
 
 gestions that might be offered. The Committee confess themselves quite 
 at a loss to know what measures to adopt for the relief of the poor. 
 
 APPOINTMENT OF COMMITTEES ON EATIFICATION AND COURBSPONDENCE. 
 
 Mr. HINKLE having withdrawn the motion for adjournment, 
 The PRESIDENT announced the following Standing Committees : 
 
 On Ratification : Messrs. Hodges of Pulaski, Smith, and Hutchinson. 
 On Correspondence : Messrs. Brooks, Sims, and Hod.ges of Crittenden. 
 
 READING JOURNAL FROM A BOUND BOOK — AGAIN. 
 
 Mr. HODGES, of Pulaski. I wish tg give a notice of reconsideration. 
 I understand there are many objections to placing the minutes upon the 
 record and reading from that, before they are corrected and approved; 
 and in view of these objections, and having voted for the resolution re- 
 quiring that method to be pursued, I move its reconsideration. 
 
 The PRESIDENT. The motion is out of order, as, under the rules, 
 notice is required. 
 
 Mr. HODGES, of Pulaski. Then I give notice that I shall present a 
 motion for reconsideration, on to-morrow. 
 
 ADJOURNMENT. 
 
 Mr. HINKLE renewed his motion that the Convention adjourn. 
 
 Mr. VAN HOOK moved to amend by adjourning to three o'clock, p.m. 
 
 The question was taken ; and the amendment was not agreed to. 
 
 The question was then taken on the motion to adjourn ; and it was 
 agreed to ; 
 
 And thereupon, at 12.15, p.m., the Convention adjourned to 10, a.m., 
 of Tuesday, January 21st. 
 
 TWELFTH DAY. 
 
 Tuesday, January 21st, 1868. 
 Convention met at 10, a.m. 
 Prayer M^as offered by the Chaplain. 
 The roll was called. 
 
 Present, Messrs. Beasley, Belden, Bell, Brashear, Brooks, Corbell, Cypert, 
 Dale, Duvall, Evans, Bxon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 
 ( 199 ) 
 
1868.] DEBATES AND PEOCEEDIJSTGS OP THE [Tuesday,- 
 
 Beading of Journal from a Bound Book.— CTPBET— HODGES of Pulaski. 
 
 son, Hatfield,, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, 
 Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Mat- 
 thews, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, 
 Oliver, Poole, Portis, Priddy, Puntney, Eawl'ings, Eeynolds, Eounsaville, Sams, 
 Samuels, Scott, Shoppach, Sims, Smith, Snyder, Van Hook, Walker, Wilson, 
 White, Williams, Wright, Wyatt, and the President. 
 Sick : Mr. Bradley 
 
 ETC. 
 
 The Journal of Saturday was read. 
 
 Mr. CYPERT called attention to the fact that a vote upon the motion 
 to lay upon the table the resolutions introduced by Mr. Matthews, re- 
 specting the powers and duties of the Convention, had been omitted, in 
 the reading of the minutes; and animadverted upon negligence displayed 
 in the omission. It was in the power of the Convention to replace officers 
 of the body, with others. This error now stood upon the permanent 
 record of the proceedings of the Convention. 
 
 The PEESIDENT remarked that the difficulty in rendering the Journal 
 uniformly accurate, arose out of the adoption of the motion recently sub- 
 mitted by the gentleman from White [Mr. Cypeet], requiring that the 
 Journal should each morning be read from a bound book. The rule 
 deprived the Secretaries of the opportunity of correcting the Journal by 
 the customary suggestions of members upon the reading of the minutes 
 for approval. 
 
 Mr. CYPERT. The occasion of my presenting that motion, was this. 
 When the President swore in the gentleman from Lafayette County [Mr. 
 Merrick], I discovered that he read the oath from a book; and that it 
 was not the oath which the rest of the members of the Convention had 
 taken. I walked to the desk and asked for the record ; and was shown 
 that book of record of the proceedings. I there discovered, upon the 
 record, that it was not the oath which we had taken. 
 
 The PRESIDENT. That book was what is called the " Blotter." 
 
 Mr. HODGES, of Pulaski. If this debate is in order, a motion may be 
 in order. 
 
 The PRESIDENT. If no objection be made, there may be a reply to 
 the remarks of the gentleman from White [Mr. Cypbrt]. 
 
 Mr. HODGES, of Pulaski. I voted for the motion of the gentleman 
 from White, on account of an error having occurred in the transcription of 
 the minutes; thinking, — probable as it is that such errors should occur in 
 the most careful labor of the kind,— that it would be better to have our 
 proceedings immediately placed upon the permanent record, and thus to 
 insure the correctness of the record. But I afterward became satisfied 
 ( 200 ) 
 
Jan. 2l8t.] AEKANSAS- CONSTITUTIONAL CONVENTION. [12tli Day. 
 
 Keading of Journal from a Bound Book.— HODGES of Pulaaki—CYPERT— BROOKS. 
 
 that we had ordered something which was impracticable. I disliked, as 
 much, probably, as any gentleman in this body, to have the records appear 
 incorrect. I am, however, fully satisfied, now, that we could better make 
 our corrections in the original manuscript, and then have them transferred 
 to the book; and of course our Secretaries can do that. I suppose they 
 can — I presume that they can.' I am willing, however, to allow a little 
 for error. I have known mistakes to happen in very good families. 
 
 If no objection be made, I move a reconsideration of the motion by 
 which the Secretary was instructed to read the minutes from a well-bound 
 book, etc. 
 
 No objection being made, the motion for reconsideration was received. 
 Mr. CTPERT asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 53, Nays 11, as follows : 
 
 Yeas: Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, 
 Bxon, Gray of Jefferson, Grey of Phillips, Harrison, Hawkins, Hinds, Hinkle, 
 Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchinson, John- 
 son, Kyle, Langley, Mallory, Mason, Matthews, Merrick, Misner, Millsaps, 
 Montgomery, Murphy, McCown, McCIure, Ohver, Poole, Portis, Priddy, Punt- 
 ney, Eawlings, Eector, Eounsaville, Sams, Samuels, Scott, Sims, Smith, Snyder, 
 Walker, Wilson, White, Williams, Wyatt, and the President — 53. 
 
 N"ays : Messrs. Corbell, Cypert, Duvall, Gantt, Hicks, Hoge, Owen, Eey- 
 nolds, Shoppach, Van Hook, and Wright — 11. 
 
 So the motion to reconsider prevailed. 
 
 The question then recurring upon the motion that the Sbcebtary tran- 
 scribe the minutes of the proceedings of the Convention into a well-bound 
 book, from which the Journal should be every morning read, 
 
 Mr. BROOKS moved that the motion lie upon the table. 
 
 The question was taken, upon the motion to lay upon the table; and 
 the motion was agreed to. 
 
 Mr. CYPERT desiring that the Journal be corrected so as to show the 
 vote upon the resolutions introduced by Mr. Matthews, 
 
 The PRESIDENT stated that the correction upon the official record 
 could be made by unanimous consent. 
 
 No objection being made. 
 
 The correction was ordered to appear upon the Journal. 
 
 The Journal of Saturday»was then approved. 
 
 The Journal of the day preceding was then read and approved. 
 
 During the reading of the Journal, 
 
 Mr. HODGES, of Pulaski [no objection being made], moved that in 
 
 ( 201 ) 
 
1868.] DEBATES AJSID PEOCEEDINGS OF THE [Tuesday, 
 
 Criminal and U. S. Court at Helena.— GENEEAL DEBATE. 
 
 reading the Journal, the Secretary thereafter omit such, portions thereof 
 as should be ordered printed. 
 
 The question was taken ; and the motion was agreed to. 
 
 CRIMINAL AND U. S. COURT AT HELENA. 
 
 Mr. SMITH. I have received a letter from Thomas B. Hanley, which I 
 desire to present to the Convention ; and move its reference to the Com- 
 mittee on the Judiciary. 
 
 Mr. G-AISTTT called for the reading of the letter. 
 
 The SECRETAEY read the letter, signed by Thomas B. Hanley, of 
 Phillips County, suggesting the necessity of establishing quarterly crimi- 
 nal courts at Helena, Phillips County, and also the propriety of memorial- 
 izing Congress to provide for sessions of the United States Circuit and 
 District Courts, at the same point. 
 
 Mr. KYLE. If the reference of the communication to the Committee 
 on the Judiciary, is proposed with a view to base legislation upon it, I 
 object to that course. If this Convention is to be converted into a legisla- 
 ture, and we are to stay here indefinitely, instead of coming up to the 
 work for which we are sent here, we may as well know it at once. I 
 cannot see the propriety of this Convention undertaking to legislate upon 
 subjects which properly belong to the Legislative Department of the State; 
 and I hope that all questions of that character will be given the go-by, at 
 once. Let us get to work in good time, to frame a constitution, a good 
 one, and submit it to the people for their ratification, — let us lessen our 
 expenses ; and we shall do the people of the State, and ourselves, more 
 good than by attempting what belongs to the State Legislature. A meet- 
 ing of the Legislature will take place as soon as the Convention shall rise 
 and the Constitution be approved. I do hope it will be settled, at once, 
 that these are subjects over which we have no proper jurisdiction. 
 
 Mr. SMITH. I moved the reference only since Mr. Hanley is known to 
 be one of the ablest lawyers in the State, and his suggestions 
 
 Mr. KYLE. I doubt not the ability of Mr. Hanley. I know him, as a 
 lawyer, by reputation. His suggestions may be perfectly correct; we 
 want criminal courts at the most populous places in the State ; and the 
 people, through their Legislature, may establish them — 
 
 The PEESIDENT. The Chair will remind gentlemen that the only 
 question is upon the reference. 
 
 Mr. MOI^TGOMEPY. The Committee on the Judiciary would be very 
 glad to have the suggestions of all the lawyeip in the State ; and if we do 
 not approve of the recommendations contained in this letter, we can bury 
 it, easily enough. 
 
 Mr. CYPEET. This is not a letter to the Convention, but to a member, 
 ( 202 ) 
 
Jan. 2l8t.] AEKANSAS CONSTITUTIONAL CONVENTION. [12tli Day. 
 • Memorial on Appointment of Judiciary. , ' 
 
 in his private character; and he can, if he sees proper, take it to the Com- 
 mittee on the Judiciary, and present it for their consideration. I cannot 
 see what we have to do with it. It is not addressed to us ; it is not before 
 us in any way whatever. 
 
 Mr. BROOKS. I am sorry to see gentlemen array themselves against 
 the right of petition. I think the proposed reference is perfectly legiti- 
 mate. There is matter contained here, which, though addressed to a 
 member, amounts to a memorial ; and I do not see that the mere techni- 
 cality of its being addressed to a member of the Convention, rather than, 
 with a great flourish of trumpets, to the Convention, makes any differ- 
 ence. If the Convention really desires the wisest counsel obtainable, in 
 regard to the organization of the judiciary, I can see no well-founded ob- 
 jections to our receiving all the light we can. And as this communication 
 comes from the east, the source of light, I hope we shall have it referred. 
 
 Mr. KYLE. This is neither a memorial nor a petition to this body. It 
 is a letter, addressed to a private individual ; and how can it be a memorial 
 or petition to the Convention ? It cannot be ; and although it may be 
 good in itself — I don't pretend to say it is not, — yet we have no right to 
 consume time, here, in considering a paper of that sort, if, in the beautiful 
 language of my friend from Phillips, it does emanate " from the east, the 
 source of light :" — it is not a matter for us to consider, — it is not at all ad- 
 dressed to us, nor by implication can we be made to understand that it is 
 our duty to take it into consideration, unless so addressed. 
 
 The question was taken on the motion to refer the letter to the Com- 
 mittee on the Judiciary ; and the motion was agreed to. 
 
 MEMORIAL ON APPOINTMENT OF JUDICIARY. 
 
 The PRESIDENT laid before the Convention the following memorial : 
 
 JoNKSBORO, Illinois, January 13th, 1868. 
 To the honorable members of the Constitutional Convention of the State of Arkansas, 
 assembled at Little Bock : . 
 Gentlemen: Although reared and educated in Eastern Pennsylvania and 
 New York, I am a citizen of Arkansas by adoption; but at present exiled from 
 my property and interests, — for what cause, you are no doubt abundantly able 
 to judge. In the meeting of your honorable body I £ee the day-star of hope 
 arise; and from your proceedings, and the consequent reconstruction of the 
 State, I can foresee its disenthralment from its present chaotic condition of re- 
 bellious anarchy. The deep interest I feel in the resurrection of the State, and 
 the development of its resources, must be my excuse for addressing you. My 
 property lies in the northern part of Greene County, in the judicial circuit com- 
 posed of Greene, Craighead, Poinsett, St. Praneis, Mississippi, and Monroe ; — 
 present Judge, Berry Mack. I cannot say for other circuits, but I do know 
 
 ( 203 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Tuesday, 
 
 Memorial on Appointment of Judiciary.— GEJSTEEAL DEBATE.- 
 
 that in it there has been no loyal judiciary tribunal since the war, and no Union 
 man could obtain impartial justice. I hope for better things, as the result of 
 your deliberations; and I hope you will pardon my boldness in making one 
 suggestion to your honorable body ; that is, that the new constitution shall pro- 
 vide that judges shall be appointed by the Executive of the State. This, in my 
 opinion, is the only means that will insure a ^^ loyal civil tribunal" in each cir- 
 cuit. When the reign of terror is over, and law and order shall be established, 
 and loyal men can live peaceably in the State, secured in their rights of person 
 and property, — and rebel machination, lawlessness, and crime shall no longer 
 rage rampant through the land, — I shall return to my property, and aid, to 
 the extent of my humble ability, in the development of the true interests of the 
 State, whether by the encouragement of loyal and enterprising emigration, or 
 by any other means that wise and good men may suggest. 
 
 With high hopes of the beneficent results of your deliberations, and of the 
 future of downtrodden Arkansas, I subscribe myself, gentlemen. 
 
 Your most obedient and humble servant, 
 
 L. Lamborn. 
 
 Mr. KYLE moved that the memorial be referred to the Committee on ' 
 the Judiciary. 
 
 Mr. DUVALL. I have but few remarks to make with regard to that 
 matter. Jam a loyal citizen, and hail from the northeastern portion of 
 the State. 
 
 Mr. CYPERT [m Ms seat.'] The same circuit. 
 
 Mr. DUVALL. From the same circuit with the gentleman who has 
 addressed this communication to the Convention. And I must, here, to- 
 day, with all honesty and candor, denounce the assertions made in that 
 paper, &a false. 
 
 Mr. DALE. If I know to what circuit the gentleman refers, I also am 
 from the same circuit. 
 
 Mr. CYPEET [m his seat.'] No. 
 
 Mr. DALE. I will go on, however, to say, that loyal men from my 
 circuit will fully endorse the sentiments expressed in that memorial. 
 
 Mr. McCOWE". I shall oppose any reference of the communication; 
 and my reason is this. I presume that the members from the various 
 counties in this State have a sufficient knowledge of their constituencies, 
 and their surroundings; and that we will not require any memorials from 
 other States, informing us as to the condition of Arkansas, when we have 
 upon this floor the representatives of every county in the State. I take 
 this course from principle. I know nothing of the facts stated in this 
 paper. But I think we are able to attend to our business ; and if we can- 
 not, we had better go home. 
 
 Mr. CYPEET. I have the honor of knowing the gentleman in ques- 
 tion. I know, also, the inhabitants of the District to which he refers. I 
 ( 204 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIONAL CONVENTION. [12th Day. 
 Asylum for Deaf Mutes — Eeport of Committee on Exemption. 
 
 kuow that all loyal men get justice there; but there are some men that 
 escape justice, by leaving the State; and they do not come back unless 
 they can be protected from what would be justice to them. I know that 
 in that District the laws are enforced as strictly as in any district in the 
 State. I know that in Greene County the law is enforced ; and I defy any 
 man to say that the people of that County are not as loyal, in sustaining 
 the laws of Arkansas, and of the United States, as in any county within 
 our borders. 
 
 I therefore move that the communication be laid upon the table. 
 
 Mr. BROOKS. The motion is not debatable; but I certainly hope that, 
 since gentlemen have chosen to make such suggestions, they will not, after 
 such thrusts have been made and such tirades indulged in, offer any mo- 
 tion with th§ intention to cut off debate. 
 
 Mr. HICKS [in his seat, — to Mr. Cypeet.J Withdraw it. 
 
 Mr. CYPEET. I will withdraw the motion, if the gentleman [Mr. 
 Brooks] wishes to make any remarks. 
 
 The PRESIDENT. It is too late to withdraw the motion. 
 
 The question was taken ; and the motion was not agreed to. 
 The question was then taken on the^ motion to refer the Memorial to 
 the Committee on the Judiciary; and the motion was agreed to. 
 
 ASYLUM FOR DBAS MUTES. 
 
 Mr. MONTGOMERY presented a communication addressed to the 
 Convention, by Professor Mount, Principal of the Asylum for Mutes, in 
 Little Rock, eulogizing the City of Little Rock for its assistance rendered 
 in opening that institution for the education of the deaf and dumb, and 
 asking the aid of the Convention in favor of the charity. 
 
 Mr. miSTDS moved that the communication be referred to the Com- 
 mittee on Education. 
 
 The communication was so referred. 
 
 EXEMPTION FROM EXECUTION. 
 
 Mr. BEASLEY presented the following 
 
 EEPOET OF COMMITTEE ON EXEMPTION OF EEAL AND 
 PEE80NAL ESTATE. 
 
 Tour Committee on Exemption of Eeal and Personal Estate, beg leave to 
 report the following : 
 
 Section One. The personal property of any resident of this State, to the 
 value of one thousand dollars, to be selected by such resident, shall be exempted 
 
 ( 205 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday, 
 
 Minority Eeport of Committee on Exemption. 
 
 from sale on execution, or other final process of any court, issued for the col- 
 lection of any debt contracted after the adoption of this Constitution. 
 
 Section Two. Every homestead, not exceeding one hundred and sixty acres 
 of land, and the dwellings and appurtenances thereon, to be selected by the 
 owner thereof, and not in any town, city, or village, or, in Jieu thereof, at the 
 option of the owner, any lot in a city, town or village, with the dwellings and 
 appurtenances therein, owned and occupied by any resident of this State, and 
 not exceeding the value of two thousand dollars, shall be exempted from sale on 
 execution, or any other final process from a court, from any debt contracted 
 after the adoption of this Constitution : such exemption, however, shall not 
 extend to any mortgage, lawfully obtained; but such mortgage or other alien- 
 ation of such homestead, by the owner thereof, if a married man, shall not 
 be valid without the signature and consent of the wife of the same. 
 
 Section Three. The homestead of a family, after the death "of the owner 
 thereof, shall be exempt from the payment of any debts contracted after the 
 adoption of this Constitution, unless he die childless. 
 
 Section.Pour. The provisions of Sections One, Two and Three, of this article, 
 shall not be so construed as to prevent a laborer's lien for work done and per- 
 formed, for the persons claiming such exemption, or a mechanic's lien for work 
 done on the premises, or as to interfere with claims for the purchase-money of 
 such real estate. 
 
 Section Five. If the owner of a household die, leaving a widow, but no 
 children, the home shall be exempt, and the rents and profits thereof shall 
 inure to her benefit. 
 
 Section Six. The real and personal property of any female in this State, ac- 
 quired before marriage, and all property, real and personal, to which she may 
 afterward be entitled by gift, grant, inheritance or devise, shall be, and may 
 remain, the separate estate and property of such female, and shall not be liable 
 for any debt, obligation or engagement of her husband, and may be devised 
 or bequeathed by the same as if she was a, feme sole. 
 
 Section Seven. The homestead shall not be bequeathed, by will or other- 
 wise, to any person other than the heirs of the body of the testator. 
 
 W. A. Beasley, Chairman, ") „ 
 
 G. W. McCoWN, I Co'nmittee. 
 
 Mr. HIFDS moved that the Report be laid upon the table, that a hun- 
 dred copies be printed for the use of members, and that it be made the 
 special order for Monday, January 27th. 
 
 Mr. OWEF submitted the following 
 
 MINOEITY EEPOET OF THE COMMITTEE ON EXEMPTION OF EEAL AND 
 
 PBESONAL ESTATE. 
 
 To the President and Members of the Constitutional Convention of the State of 
 Arkansas : 
 
 The undersigned, a minority of the committee to whom was referred the 
 ( 206 ) 
 
Jan. 21st.J AEKANSAS CONSTITUTIONAL CONVENTION. [12th Day. 
 
 Report of Committee on Boundaries. 
 
 Exemption of Real and Personal Estate, begs leave to submit the following 
 Report, viz. : 
 
 That although he is in favor of a judicious system of exemption laws, and 
 would not oppose such when emanating from the proper source, yet believing 
 it to be a subject of purely legislative cognizance, and that this Convention has 
 no jurisdiction of such matters, he -therefore recommends the passage of the 
 following resolution : 
 
 Resolved: That this Convention take no action upon the subject, and that 
 the committee be discharged from the further consideration thereof 
 
 Thomas Owen. 
 
 Mr. HODGES moved to amend the motion before the Convention, by 
 providing that the two Reports be laid upon the table, that a hundred 
 copies of each be printed, and that the two be made the special order for 
 Monday, January 27th. 
 
 The question' was taken ; and the motion was agreed to. 
 
 BOXINDARIES. 
 
 Mr. BROOKS moved that the rules be suspended, to enable the Con- 
 vention to take up the special order of the day ; but withdrew his motion 
 to allow 
 
 Mr. WILSOJSr to submit the following 
 
 EEPOET OF COMMITTEE ON BOTINDAEIES. 
 The Committee on Boundaries beg leave to report the following : 
 
 Section One. The boundaries of this State are established and declared to 
 be as follows — that is to say : Beginning in the middle of the Mississippi Eiver 
 on the parallel of thirty-six degrees north latitude, to St. Francis Eiver; thence 
 up the main channel of said river to the parallel of thirty-six degrees and thirty 
 minutes, north, from the -west to the southwest corner of the State of Missouri ; 
 and from thence to be bounded, on the west to the north bank of Eed Eiver, 
 as by Acts of Congress of the United States and the treaties heretofore defin- 
 ing the western limits of the Territory of Arkansas ; and to be bounded on the 
 side of Eed River by the boundary line of the State of Texas to the northwest 
 corner of the State of Louisiana; thence east with the Louisiana State line to 
 the middle of the main channel of the Mississippi Eiver'; thence up the middle 
 of the main channel of said river to the thirty-sixth degree of north latitude, 
 the point of beginning; these being the boundaries of the State of Arkansas as 
 defined by the Constitution thereof 
 
 Section Two. The General Assembly may by a vote of two-thirds of both 
 houses thereof, arrange and designate boundaries for the several counties of 
 this State, which boundaries shall not be altered except by a like vote; but no 
 new counties shall be hereafter formed of less extent than six hundred square 
 
 ( 207 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Tuesday, 
 
 Eeport of Committee on Organization of Government of Cities and Villages. 
 
 miles, and no existing county shall be reduced to less extent than six hundred 
 square miles. 
 
 Section Three. And no new county shall be formed which does not contain 
 a sufficient number of inhabitants to entitle it to one Eepresentative, under the 
 ratio of representation existing at the time of its formation, or unless the 
 county or counties from which it is taken shall be left with the required num- 
 ber of inhabitants entitling such county or counties to separate representation. 
 
 Iha L. Wilson, 
 Chairman Committee on Boundaries. 
 
 Mr. HIl*fDS moved that the Report be laid upon the table, that a hun- 
 dred copies be printed for the use of members, and that it be made the 
 special order for Tuesday, January 28th. 
 
 The question was taken ; and the motion was agreed to. 
 
 ORGANIZATION AND GOVERNMENT OF CITIES AND VILLAGES. 
 
 Mr. G-RE Y, of Phillips, submitted the following 
 
 EBPOET OF COMMITTEE ON" OEGANIZATION OF GOVEEISTMENT OF 
 CITIES AND VILLAGES. 
 
 Your Committee on the Organization of Government of Cities and Villages 
 beg leave to submit the following Eeport ; 
 
 The General Assembly shall provide for the organization of cities and incor- 
 porated villages, by general laws, and restrict their power of taxation, assess- 
 ment, borrowing money, contracting debts, and loaning their credit, so as to 
 prevent the abuse of such power. 
 
 The foregoing Section being the Forty-seventh Section of the Eeport on 
 Legislative Department, therefore, we, your Committee, respectfiilly submit, 
 that the organization and government of cities and villages shall continue 
 under their present charters and acts of incorporation, except so far as they 
 may conflict with the organic law that shall be formed by this Convention and 
 ratified by the people of the State of Arkansas. 
 
 And it is further provided: That said cities and villages shall be required to 
 hold elections to fill such offices as are provided under their charters or acts of 
 incorporation, at such times and places as may be specified for the submission 
 of, and vote upon, the new Constitution, by the people, for their ratification. 
 
 And that all registered voters qualified to vote on the ratification of the new 
 Constitution, shall be qualified to vote, in such elections, for officers of the 
 several cities and villages organized under any act or acts of the Legislatures 
 of the State of Arkansas. 
 
 W. H. Grey, 
 Chairman Committee on Organization of Government of Cities and Villages 
 ( 208 ) ^ 
 
Jan. 21st.J ARKANSAS CONSTITUTIOlSrAL CONVBNTIOlSr. [12th Day. 
 Expenses of Oonvention.— BEOOKS— McCLUKB. 
 
 Mr. HINDS moved that the Eeport be laid upon the table; that one 
 hundred copies be printed for the use of members ; and that it be made 
 the special order for Tuesday, January 28th. 
 
 The question was taken ; and the motion was agreed to. 
 
 EXPENSES OF THE CONVENTION. 
 
 Mr. BROOKS renewed his motion that the rules be suspended, to 
 enable the Convention to take up the special order of the day ; being the 
 consideration of " Ordinance No. 1," entitled "An Ordinance raising reve- 
 nue for the purpose of defraying Expenses of Constitutional Convention;" 
 which was read a second time. 
 
 Mr. MoCLURE. I desire to amend by striking out, in the 12th line of 
 the Ordinance, as printed, after the word " payable," the words " on the 
 first day of June, one thousand eight hundred and sixty-eight," and in- 
 serting, instead thereof, the words " out of any funds arising from taxes 
 collected on the assessment of eighteen hundred and sixty-eight." 
 
 The question was taken ; and the amendment was agreed to. 
 
 Mr. McCLURE. The Ordinance, as originally introduced, required an 
 assessment of one-half per cent, on the taxable property of the State ; but 
 the Committee, after examination, came to the conclusion that a tax of 
 one-fourth of one per cent.', upon the taxable property of the State, would 
 produce the amount necessary for the payment of the expenses of the 
 Convention. The taxable property of Arkansas for the year 1867, was a 
 little more than forty-three millions. The proposed assessment will take 
 place upon the value of taxable property for the year 1868. "We cannot 
 expect to base our levy of this year upon an estimate of value equal to 
 that of last year. The present financial condition of the country does not 
 warrant such an expectation. In 1867, — to give the figures more accu- 
 rately, — the valuation of real property in the State amounted to $28,897,- 
 893. I think it fair to suppose that, in the present year, the taxable real 
 property, alone, of the State, will be reduced one-fifth; which will leave 
 it $23,118,314. I think it fair to assume, the taxable personal property of 
 the same year having been $14,448,946, that there will be a falling off of 
 at least one-half that amount, if not more; which will leave $7,224,473, 
 as the personal property subject to assessment in the year 1868. The two 
 sums, added together, make a grand total, for the present year, of $30,342,- 
 787; which will afford, by a tax of one-fourth of one per cent., and pre- 
 suming there will be no delinquencies, the amount of $75,856.97. 
 
 I submit these figures. 1 insist that we pass the Ordinance to-day — that 
 it now take a second reading, and then receive at once its final passage ; 
 for there are gentlemen here, to-day, without money and without friends 
 
 14 ( 209 ) 
 
1868.] DEBATES AND PEOCEEDmGS OE THE [Tuesday, 
 
 Expenses of Convention.— HODGES of Pulaski— KYLE— CYPEKT. 
 
 at hand; and unless the Convention take some action, poverty itself would 
 compel these men to return to their homes, and thereby retard the action 
 of the Convention. 
 
 Mr. HODGES, of Pulaski. I move that the rules be suspended, and 
 that the Ordinance be placed upon its passage. 
 
 Mr. CYPERT. I desire to offer, as an amendment, an additional sec- 
 tion, as follows : 
 
 Provided : That the Auditor shall not be required to issue his warrant upon 
 the Treasury, for any expenses of this Convention, other than the per diem pay 
 of air members and officers of this Convention, until the same shall be specially 
 ordered paid by this Convention. 
 
 The PRESEDEITT. There is a motion before the Convention, to sus- 
 pend the rules. 
 
 Mr. HODGES, of Pulaski. I withdraw the motion for the suspension 
 of the rules. ' 
 
 The PEESIDENT. The motion to suspend the rules being withdrawn, 
 the amendment of the gentleman from White [Mr. Cypert] will be enter- 
 tained. 
 
 Mr. KYLE. I move to amend, by inserting before the words " per diem," 
 the words "mileage and;" so that that portion of the Ordinance will read, 
 mileage and per diem. 
 
 Mr. CYPEET. I accept the amendment. 
 
 Mr. HODGES, of Pulaski. I move to amend so as to cover all the 
 expenses of this Convention. 
 
 Mr. CYPEPT. The amendment places the matter exactly as it is in 
 the original Ordinance. I will state the object I have in view. There 
 will be accounts, no doubt, for stationery, and other materials, procured 
 for the use of the Convention ; and this Ordinance provides for the pay- 
 ment of all those accounts upon the mere certificate of the Secretary and 
 President. I think this Convention is capable of auditing all such claims,— 
 of ascertaining whether or not they are correct; and the Auditor should 
 not be required to issue warrants for fuel, stationery, and other materials 
 furnished, on the order of these two officers. The President and Secre- 
 tary may not know all the materials that have been furnished. Some 
 members may have procured materials, or had them procured for their 
 use, which are not within the knowledge of these gentlemen.' If the ac- 
 counts are audited by the Convention itself, there will be an opportunity 
 to include all these matters. The oflicers might not know of them and 
 consequently might not provide for the payment. 
 
 Mr. MoCLUEE. I would suggest that theVe is but one person in this 
 body, officer or member, that is authorized to incur any expenses of this 
 kind ; that person is the Secretary of the Convention. If any articles are 
 ( 210 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIOlsrAL CONVENTION. [12th Day. 
 Expenses of Convention.— McCLTJEE—CTPBET—BKOOKS. 
 
 necessary for the use of the Convention, those articles must come through 
 that officer's hands. He alone can certify. Members have no right to 
 purchase anything for the use of the Convention. Believing the Secre- 
 tary to be competent, faithful, and honest, I see no necessity for taking 
 up the time of the Convention in auditing accounts of which they have 
 no knowledge whatever. Suppose, sir, that the Secretary, under the in- 
 structions of the Convention, has contracted for his stationery, and brought 
 it in for the use of the members ; that his action be submitted to the Con- 
 vention, and they refuse to audit his account. The result is, that the 
 Secretary himself is made responsible, although his action was taken, in 
 good faith, upon the order of the Convention. I want to know if it is a 
 proper mode of proceeding, that a body like this shall turn itself into an 
 auditor's office, for the purpose of examining accounts, and spend in that 
 way a day's time of the Convention, the daily expenses of which are fifteen 
 hundred dollars. It might save four or five hundred dollars, possibly, and 
 spend fifteen hundred dollars in the operation. 
 
 Mr. CYPERT. I did not understand that the Secretary was the sole 
 purchaser for the Convention. I believe fuel is furnished by the Door- 
 keeper. 
 
 Mr. McCLTJRE. "Wood and gas are furnished by the State. That 
 expense is paid for already. 
 
 Mr. CYPERT. Still, if the Secretary had been ordered to furnish fuel, 
 there is no definite amount ordered. If the Secretary is indefinitely 
 authorized to purchase stationery, we ought to see what amount is 
 accounted for. 
 
 The PRESIDENT. The question is upon the amendment to the amend- 
 ment, viz., that the Ordinance shall provide for the payment of all other 
 legitimate expenses of the Convention. 
 
 The question was taken ; and, a division being called for, the amend- 
 ment to the amendment was agreed to, — Ayes 39, ISToes 13. 
 
 The question then recurring upon the, amendment as amended, 
 
 Mr. BROOKS moved that it be rejected. 
 
 After some discussion as to the attitude of the question before the 
 Convention, 
 
 Mr. BROOKS said,— Erom no disrespect to the mover of the amend- 
 ment, but because, as is apparent to all, the amendment as amended will 
 fail to reach the object proposed by its mover, I propose to reject it, as it 
 now stands. 
 
 The question was taken upon the motion to reject the amendment as 
 amended ; and the motion was agreed to. 
 
 Mr. HODGES, of Pulaski. I renew the motion that the rules be sus- 
 pended and the ordinance be passed to a third reading. 
 
 ( 211 ) 
 
1868.] DEBATES AND PEOCBBDmGS OP THE [Tuesday, 
 
 Expenses of Convention.— HODGES— DUVALL—GANTT—BBOOKS— SAMS. 
 
 The question was taken ; and the motion was agreed to. 
 So the rules were suspended, and the Ordinance was read a third time. 
 The question was then taken upon the final passage of the Ordinance ; 
 and it was decided in the affirmative — Yeas 56, JSTays 10, as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, 
 Evans, Bxon, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, 
 Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, 
 Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Matthews, Merrick, 
 Misner, Montgomery, Millsaps, Murphy, McCown, McClure, Oliver, Poole, 
 Portis, Priddy, Puntney, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, 
 Scott, Sims, Smith, Snyder, Yan Hook, Wilson, White, Williams, Wyatt, and' 
 the President — 56. 
 
 IsTats : Messrs. Cypert, Duvall, Gantt, Hicks, Hoge, Owen, Eeynolds, Shop- 
 pach, Walker, and Wright — 10. 
 
 - So the Ordinance was passed. 
 
 Pending the call of the roll : 
 
 Mr. DUVALL (when his name was called) said : An ordinance having 
 been introduced, asking another department of the Government of the 
 State to suspend the tax of 1868, 1 vote against this one, not wishing to 
 consent to the levying of any more taxes. 
 
 Mr. G-AISTTT (when his name was called) said : I desire to present my 
 reasons for voting against the Ordinance. [Mr. Oantt then sent to the 
 Secretary's desk the following, statement, which he asked to have entered 
 upon the Journal.] 
 
 I vote Nay, for the following reasons : 
 
 First, The people of the State of Arkansas are not able, in my opinion, to 
 pay an additional tax. 
 
 Second, There is now in the Treasury of the State a suflcient amount, 
 gathered by taxation, to defray the expenses of this Convention. 
 
 E. S. Gantt. 
 
 Mr. BROOKS. I hope the gentleman will be permitted to place himself 
 in that attitude; for he voted, the other day, against paying the expenses 
 of the Convention. 
 
 [Qries of "Leave."] 
 
 Mr. SAMS. Has the Convention taken into consideration the question 
 whether or not we can reach the means now in the State T^reasury ? Is 
 there any information upon that point ? 
 
 The PRESIDENT. So far as the Chair is concerned, he has no infor- 
 mation. 
 
 Mr. BROOKS. I do not know whether the gentleman was present, when 
 the resolution was offered, contemplating an effort to meet the expenses 
 ( 212 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIOlSrAL COISTVENTIOlSr. [12th Day. 
 Expenses of Convention.— BROOKS— GANTT— SAMS. 
 
 of the Convention from funds now in the Treasury. Subsequently, in 
 order to make the action authoritative, and to obtain, if possible, a deci- 
 sive response from the General commanding the District, an Ordinance 
 vras presented and adopted, providing for the payment of the expenses, 
 and the sum of seventy-five thousand dollars vras appropriated out of 
 funds now in the Treasury; and, as I understand it, that Ordinance needs 
 only the approval of the military commander of the District. With that 
 approval, we can go forward and meet these expenses from the Treasury. 
 It will be remembered that on the yeas and nays the Opposition voted 
 against the proposition. 
 
 The PRESIDENT. The Chair will further state that the Ordinance did 
 not provide for the levying of a tax. The Ordinance now before the Con- 
 vention provides for the levying of a tax, to reimburse the Treasury for 
 ^ the amount paid out. 
 
 Mr. BROOKS. The situation, as I understand it, is this. Suppose we 
 obtain the permission of the commanding General, and pay from the 
 Treasury the amount provided for by this Ordinance, for meeting the per 
 diem, mileage, and other expenses of the Convention. In case we shall 
 be able to reach the funds in the Treasury, this levy, to be made next 
 June, will come in to reimburse the Treasury for the amount thus drawn, 
 and will be collected, — as I understand the Ordinance, without having had 
 much time to pay attention to it — with the regular tax. It does not pre- 
 vent our defraying the expenses from the funds in the Treasury, provided 
 those funds can be reached. It provides, in case that can be done, that 
 the Treasury shall be reimbursed, at a time when the circumstances of 
 the people will render them better able to meet the tax. I must confess 
 I cannot see any animal with one head, much less a monster with seven 
 heads and ten horns, in this proposition. 
 
 Mr. GAlfTT. Reference has been made to the Opposition. I am one 
 of the two gentlemen who have been starred as belonging to the " Opposi- 
 tion ;" and I desire to set myself right. I am opposed to any — 
 
 The PRESIDENT. Gentlemen will remember that the calling of the 
 roll is begun. 
 
 Mr. GANTT. It has ; but remarks have been made and I certainly 
 have a right to reply. 
 
 The PRESIDElSTT. The gentleman's remarks may be in order, but they 
 would be more in order after the calling of the roll. 
 
 Mr. SAMS. I was not present when the Ordinance was presented, and 
 did not understand the matter. With the explanation that has been given, 
 I vote Aye. 
 
 Mr. GANTT. I would ask leave to- make a statement. [Cries of 
 "Leave."] I am opposed, on principle, to paying the expenses of the 
 Convention. When the proposition was before us to have the money 
 
 ( 21.-? ) 
 
1868.] DEBATES AND PEOCEEDINGS OE THE [Tuesday, 
 
 Expenses of Convention.— GANTT—BEASLET—McCLUBE— MATTHEWS. 
 
 taken from the Treasury, I opposed it. If, however, we are to be paid, I 
 desire that we should be paid from thatfuud, and not from taxation, which 
 the people are unable to bear. 
 
 Before the vote was announced: 
 
 Mr. BEASLEY said, — Before the result of the vote is announced, I 
 wish to set myself right before the Convention, upon that matter. . I voted 
 aye, and as you will discover, that is the way the majority has gone; and 
 I do not make these remarks to retard the progress of matters at all, but 
 simply to show where I stand. I am apprised of the fact that the Con- 
 vention must be paid, and its payment must be provided for in one way 
 orother; and therefore I voted Aye. But the question in my mind is that 
 of many of my colleagues here. Will it take seventy-five thousand dollars 
 out of the hands of the people, to reimburse the Treasury for the amount 
 consumed for the expenses of this Convention ? This has been a trouble ' 
 upon my mind. If it Will take this sum, I am willing to vote for it — and 
 I have voted for it ; but if not, I would like to have voted in some other 
 direction so as simply to raise the amount necessary. I see that other 
 Conventions are appropriating about the amount of forty thousand dollars 
 for the payment of their expenses, while here we are proposing to raise 
 seventy-five thousand, out of the hard earnings of the people. 
 
 Mr. CYPERT. One hundred and seven thousand, according to this 
 Ordinance. 
 
 Mr. BEASLEY. But as regards the expenses of the Convention, it is 
 only proposed to appropriate seventy-five thousand dollars. I think we 
 are trying to raise too much. I am afraid we will cause the Constitution 
 to be voted down. I am a reconstructionist all the way through. I am 
 only afraid that we shall load down our Constitution, in such a way that 
 it cannot well travel when it comes before the people. I don't know that 
 I could change my vote, satisfactorily to myself. I shall therefore let it 
 stand. But I am opposed to raising a dollar more than is necessary for 
 the payment of the expenses. 
 
 The PRESIDENT. It is understood that all these remarks of gentle- 
 men are permitted by consent of the Convention. They are out of order. 
 
 Mr. McCLURE. An explanation seems necessary. I profess to be a 
 law-abiding man. The Reconstruction Acts say, in positive terms, that 
 the tax shall be laid. I am not disposed to bring upon myself the odium 
 that might attach to a revolutionist; and I am, therefore, in favor of levy- 
 ing a tax. 
 
 Mr. MATTHEWS. I wish to adopt the explanation of the member 
 from Columbia [Mr. Beasley]; with this additional explanation, that I 
 shall probably desire to move a reconsideration. I have voted in the 
 affirmative with that view. 
 ( 214 ) 
 
Jan. 2l8t.] AEKANSAS CONSTITUTIONAL CONVENTION. [12th Day. 
 Pay of Members and Officers— MALLORY— HINDS— McOLUEE. 
 
 Mr. KYLE. It will be perfectly proper for this body, when we shall 
 bring our labors here to a close, to ascertain approximately the amount 
 which the Convention will cost the people of the State. We cannot get 
 at the sum precisely, but we can come very near it; and when we find 
 that seventy-five thousand dollars is too much, it will be a very easy mat- 
 ter for the Convention to pass a supplementary ordinance, appropriating 
 in the neighborhood of the actual amount which it will be necessary to 
 collect from the people, to defriay the expenses. Hence, I see no necessity 
 of consuming time, now, in the consideration of the subject. For if we 
 launch out in the open field of legislation, it may take a hundred 
 thousand. 
 
 The vote was then announced, as above. 
 
 PAY OF MEMBERS AND OFFICERS. 
 
 Mr. MALLORY, from the Committee on Salaries, reported the fol- 
 lowing ■ ■ 
 
 ORDINANCE REGULATING THE COMPENSATION OP MEMBERS AND OFFICERS OF 
 THE CONSTITUTIONAL CONVENTION. 
 
 Be it ordained by the people of Arkansas in Convention assembled : 
 
 Section 1. That the per diem of delegates to this Convention shall be eight 
 dollars per day, and mileage at the rate of one day's pay for each twenty miles 
 travel in coming to and returning from the Convention, the distance to be 
 computed on the shortest route furnishing public transportation. 
 
 Section 2. The President shall receive sixteen dollars per day, the Secretary 
 twelve dollars per day, the Assistant Secretaries eight dollars per day each, 
 the Chaplain eight dollars per day, the Sergeant-at-Arms eight dollars per day, 
 all Assistant Sergeants-at-Arms four dpllars per day, the Doorkeepers four dol- 
 lars per day each, the Postmaster four dollars per. day, and Pages two dollars 
 per day each ; and mileage at the rate above specified. 
 Section 3.* 
 
 "Which was read a first time. 
 
 Mr. HINDS moved that the Ordinance be referred to the Committee on 
 Ordinances and Memorials. 
 
 Mr. McCLURE. I hope the Convention will not defer this matter. 
 For the passage of the Ordinance providing for the levying of a tax is in- 
 dispensable, in order that the members of this Convention may be pro- 
 vided with some means by which they may pay their board-bills, — by 
 
 * Section 3 provided that the payment should be made in currency, or its equivalent in 
 Treasury warrants. 
 
 This section was stricken out, by vote of the Convention, before the passage of the Or- 
 dinance. 
 
 ( 215 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Tuesday, 
 
 Pay of Members and Officers.— GENEEAL DEBATE. 
 
 ■which they may subsist in this city. I know of no advantage to be 
 gained by this reference. Stern' necessity stares them in the face. The 
 Ordinance provides for payment : it is before the Convention, If mem- 
 bers regard the pay fixed, as too high, they can reduce it. If the Or- 
 dinance were sent to the Committee, and reported back, it would then 
 have to take the same course that it will have to take now. "Why not 
 take up the matter, and dispose of it at once ? 
 
 Mr. HINDS. Being informed that the Ordinance comes from the Com- 
 mittee on Salaries, I withdraw my motion. 
 
 Mr. MOIfTGOMERY. I move that the Ordinance be re-referred to 
 the Committee on Salaries. 
 
 Mr. HOLLIS. I move that the word " eight" be stricken out, and " ten " 
 inserted, so far as applies to the per diem of delegates. 
 
 The PEESIDENT. There is a question already before the Convention, 
 upon the motion to re-refer the Ordinance to the Committee on Salaries. 
 
 Mr. MONTGOMEEY. I will state the reasons for my course. I believe 
 it requires about as much to subsist an Assistant Sergeant-at-Arms as a 
 Sergeant-at-Arms ; and the idea of making the salary of an officer whom 
 the Conventiou has voted to be necessary to the transaction of our busi- 
 ness, at the pitiful sum of four dollars per day, at this time, I think is 
 entirely wrong. 
 A MEMBER [in his seaq. It can be amended here. 
 Mr. MONTGOMERY. It may be amended here, and it may not be 
 amended here. 
 
 The question was then taken on the motion to refer back the Ordinance 
 to the Committee on Salaries ; and the motion was not agreed to. 
 
 Mr. WILSON. I move to strike out the word " eight," wherever it 
 occurs, and insert " six." 
 
 The question was taken; and the amendment was rejected. 
 
 Mr. HOLLIS renewed his motion to amend by striking out " eight," so 
 far as related to the per diem of delegates, and inserting " ten." 
 
 Mr. MALLORY. As the Chairman of the Committee on Salaries, I 
 would say that the per diem named in the Ordinance was that adopted after 
 extensive consultation with difierent delegates. Some advocated' ten 
 dollars per day, on the ground that we might be paid in Treasury warrants, 
 and that these would have to be sold at a discount. On that account we 
 inserted the clause which provides for a payment in currency " or its 
 equivalent." The Committee, in making the Report, took into consider, 
 ation the fact that most of the Conventions which have assembled have 
 adopted eight dollars as the per diem pay of members ; while but one or 
 ( 216 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [12tli Day. 
 Pay of Members and Officers.— GENEBAL DEBATE. v 
 
 two have raised it as high as ten dollars. The curtailment of our expenses 
 has been so earnestly advocated, that the Committee believe, and I now 
 believe, that we can afibrd to perform our work at eight dollars per day. 
 
 The question was taken on the motion to amend by striking out 
 " eight," and inserting "ten," as the daily pay of delegates; and the amend- 
 ment was rejected'. 
 
 Mr. MONTGOMERY. I move that where "four" dollars occurs as the 
 daily pay of the Assistant 8ergeant-at-Arms and Doorkeepers, " eight dol- 
 lars " be inserted in its stead ; and where " two dollars per day" to the 
 Pages occurs, "four dollars" be inserted. 
 
 The question was taken ; and the amendment was adopted. 
 
 Mr. HODG-ES, of Pulaski. I move to amend the last clause by striking 
 out the words " or its equivalent." I prefer that plan, for this reason. 
 Members might take no pains whatever to dispose of their Treasury war- 
 rants upon the best terms; and the Ordinance, as now framed in that 
 respect, leaves an opening for any amount of claims for additional pay. 
 Who is to be a judge of this matter ? I am certain I do not know the value 
 of the warrants. I think it would be better to fix that value at some price 
 or other. If eight dollars is not enough, we might better put the pay at 
 ten; but if it is enough, say so, and done with it. 
 
 Mr. HOLLIS. If paid in Treasury warrants, we should not get more 
 than six dollars, or six and a half, at most. 
 
 Mr. BROOKS. Perhaps it is not necessary to enter into a discussion of 
 this question. I am thoroughly convinced that the amendment is very 
 necessary, and will be found so whenever we shall come to a practical 
 adjustment of the matter — indispensable, indeed, in order to prevent 
 occurrences which we hope may be avoided. I trust the amendment will 
 prevail. 
 
 The question was then taken upon the amendment striking out the 
 words "its equivalent;" and, a division being called for, the amendment 
 was rejected, — Ayes 28, Noes 31. 
 
 After the President had put the question, and before the vote was taken. 
 
 The yeas and nays were asked, 
 
 But, the vote proceeding, and the result having been announced, 
 
 Mr. HODGES, of Pulaski, renewed the call for the yeas and nays. 
 
 The PRESIDENT. The Chair is of opinion that the call comes too late. 
 
 Mr. GREY, of Phillips. Would the Treasury warrants be an equiva- 
 lent for currency ? 
 
 A MEMBER [in his seaf]. Not quite. 
 
 Mr. GREY, of Phillips. Then, we see it and we don't see it. If what 
 
 ( 217 ) 
 
1868.] DEBATES AND PEOOBEDINGS OP THE [Tuesday^ 
 
 Pay of Members and Officers.— GENERAL DEBATE. 
 
 we are to receive is the same as the currency of the country, let us know 
 it; if not, let us know it. 
 
 Mr. HODGrES, of Pulaski. We are simply in an unfortunate position, 
 if the pay does not come in currency. But to undertake to provide that 
 in that case we shall receive the " equivalent" in Treasury warrants, is 
 leaving open too wide a door. If eight dollars a day is, not enough, — and 
 " chance it," — let us raise the pay. I am in favor of eight dollars per day. 
 
 Mr. HOLLIS. I would like to hear a reason for the proposed amend- 
 ment. It seems to me that " too wide a door is left open" by striking out 
 the provision for an equivalent. , 
 
 Mr. LAFGLET. If that be stricken out, we might not get four dollars 
 per day. 
 
 Mr. HODGES, of Pulaski. I will talk a little more plainly. Leaving 
 the Ordinance as it stands, is a bid for fraud. A gentleman may go and 
 dispose of his warrants, and, without any intention of fraud, may be led 
 to sell them at so Iowa price that he shall return to the Treasurer and ask 
 for thirty dollars, for his eight. Who is to decide ? I believe the word of 
 every gentleman is good ; but this is rather too large a tenaptation to put 
 in the way of any man. 
 
 Mr. BE ABLE Y. For much the same reason for which the gentleman 
 on the other side of the hall [Mr. Hodges] argues in favor of the amend- 
 ment, I oppose the striking out of the words " or its equivalent." The 
 great reason for pressing forward this measure is, that members here can- 
 not be retained in their boarding-houses much longer, for want of means. 
 By the amendment as proposed, you give them eight dollars per day in 
 Treasury warrants, the worth of which is known to no gentleman here. 
 That affords an opportunity for speculation, to any man, to any extent he 
 may choose, upon the necessities of members of the Convention. Some 
 man may be here to-day, who intends to buy up these Treasury warrants. 
 You cannot buy me out ; I have enough money in my pocket to pay my 
 way, and go home. [Laughter.] But I think this plan opens a door for 
 quite as great a fraud as the retention of the words " or its equivalent." 
 
 Mr. CYPERT. I can only answer, by way of sustaining the gentleman 
 from Pulaski [Mr. Hodges], in a portion of the Lord's Prayer,—" Lead us 
 not into temptation!" 
 
 Mr. LANGLEY. Suppose we say, eight dollars per day in currency, or 
 ten dollars per day in Treasury warrants. I move that amendment. 
 
 Mr. HODGES, of Pulaski. I now rise to a point of order— whether the 
 amendment offered by the gentleman from Clark [Mr. Langley] is in 
 order. 
 
 The PRESIDENT. The Chair will observe that the amendment of the 
 gentleman from Clark will properly come in when the section relating to 
 the per diem of members shall come before the Convention. 
 { 218 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIONAL CONVENTION. [12th Day. 
 Pay of Members akd Officers.— MONTGOMEET—HOLLIS— BROOKS— "WILLIAMS. 
 
 Mr. HODGES, of Pulaski. The gentleman from Columbia [Mr. Beas- 
 lbt] and myself no doubt perfectly agree. You may take either horn of 
 the dilemma. Which will put us most in the hands of moneyed men ? If 
 we are to issue indiscriminately, it is a bid to them to stand aloof, and, 
 possibly, render the warrants worthless. But if only a reasonable amount 
 isSue, what every man has in his pocket will actually be worth more money 
 than if the plan of an " equivalent" had been followed. I think the gen- 
 tleman will perfectly agree with me, — if he will think of the question a 
 little, — that the amendment will not practically put into the hands of 
 members any more money, but, on the contrary, will have the effect of 
 depreciating their pay. Of one thing I am sure ; if we were going to issue 
 in accordance with the ordinary financial policy by which individuals gov- 
 ern their business action, we would take no such course; and I certainly 
 believe in doing for the Convention as we would do for ourselves. 
 
 The PRi^IDElSrT. The gentleman from Clark [Mr. Langley] will 
 understand that I did not decide his amendment as being out of order if 
 presented at the proper time. It is out of order at present. 
 
 Mr. MONTGOMERY. I am opposed to o-eceiving " equivalents." I 
 want the pay straight out, or not at all. I do not wish to have it charged 
 on me that I undertook any such operation. I propose to sustain the 
 motion to strike out. If any gentleman will move to make the pay nine 
 or ten dollars per day, I will vote for it. I do not propose to go to the 
 Treasurer to get the warrants shaved. I propose to take them at my own 
 risk ; and others may do the same. One man might claim that the equiv- 
 alent is twenty or fifty per cent, additional; and, without any settled per- 
 centage of increase upon the amount of currency, I would like to know 
 how the Auditor is going to know for what sum to issue his warrants. 
 
 Mr. HOLLIS. I move to amend by making the per diem ten dollars, 
 we taking the pay in whatever we can get. 
 
 Mr. BROOKS. I would simply say, on behalf of the proposed amend- 
 ment, and in response to gentlemen on the other side of the hall, that I 
 voted for eight dollars per diem, and am perfectly willing to abide by it, 
 and to take the amount in Treasury warrants. At the same time, if gen- 
 tlemen feel that that is not sufficient — if that be the judgment of members 
 of the Convention, after we shall have disposed of this amendment, — I am 
 ready to unite with them in increasing the amount per day. But I cer- 
 tainly think we ought so to arrange this matter as to shield our reputation 
 before the people — not so much to shield our own morals. I take it we 
 are all able to resist the temptation that would be oflFered by the plan 
 of " equivalents " (though it might be as well noi to run into it) — but let 
 us shield our reputation. 
 
 Mr. WILLIAMS. I move to substitute, by striking out " eight" dol- 
 lars, and inserting ■" ten." 
 
 ( 219 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday, 
 
 Pay of Members and Officers.— CYPBET—McCLUEB— HODGES of Pulaski— SMITH. 
 
 The PEESIDEIS'T. The geutleman's motion is not in prder at the 
 present stage of the question. 
 
 Mr. CYPEE,T. I wish to add one more remark, to what has been 
 stated. It does strike me that it is very important that the amendment 
 should be adopted. Otherwise, the brokers here might reduce the value 
 of the Treasury warrants to a very low ebb, and cost the State, really, two, 
 or three, or four hundred thousand dollars. For, in the present condition 
 of the finances, we would be thrown upon the brokers for the redemption 
 of paper, upon which they would themselves fix a value. 
 
 Mr. McOLURE. I believe there is but a single amendment now be- 
 fore the house. 
 
 The PRESEDEIsTT. The question is upon the amendment to the last 
 section of the Ordinance. 
 
 Mr. McCLURE. I propose to strike out the third section, entire, and 
 insert, after the word " specified," in the second section, "^nd that the 
 Secretary shall certify the per diem and mileage to the Auditor." 
 
 There is no means by which the anipunt per diem can be ascertained, as 
 the Ordinance now stands. • So far as the duties of the Secretary are con- 
 cerned, we now have this matter " terribly mixed up." The Ordinance 
 provides, simply, that the Secretary shall certify the amount due to the 
 respective person or persons, to the Auditor. The third section, which I 
 have moved to strike out, contemplates payment in currency, or its equiva- 
 lent in Treasury warrants. There is no one to determine the equivalent. 
 
 The PRESIDEIiJ'T. Does not the Ordinance adopted this morning, pro- 
 vide for that ? 
 
 Mr. McCLTJEE. It requires, merely, the payment of the amount certi- 
 fied by the Secretary — no more and no less. There is no way provided, 
 in the Ordinance itself, to ascertain the amount. 
 
 The PRESIDENT. Is not the Secretary already authorized to audit the 
 expenses ? 
 
 Mr. McCLURE. The Secretary certifies to the Auditor. The Auditor 
 issues his warrant for the amount certified by the Secretary. What au- 
 thority has the Treasurer, even under this provision, to compound, or to 
 establish the rates at which the warrants shall be received; if there is no 
 money in the Treasury? Certainly, he gets no such authority from this 
 Ordmance. There is no such provision there. Striking out words would 
 accomplish nothing; and I have therefore moved to amend by striking 
 vout the entire third section, since there is no officer who would have 
 authority to carry out the provisions of the section. 
 
 Mr. HODGES, of Pulaski. I withdraw my amendment, and accept that 
 of the gentleman from Arkansas [Mr. McClurb], as a substitute. 
 
 Mr. SMITH. I would like to inquire, of the Chairman of the Comniit- 
 
 ( 220 ) 
 
Jan. 21st.] AEKANSAS CONSTITUTIONAL CONYBNTIOlSr. [12th Day. 
 Pay of Members and Officers.— BEOOKS—DUVALL. 
 
 tee, who presented that Report, whether the mileage is to be collected 
 twice, or once. 
 
 The PEESIDENT. The Chair understands that the Ordinance con- 
 templates the payment of mileage each way. 
 
 The question was then taken upon the amendment striking out the 
 third section of the Ordinance as reported, and inserting, in the second 
 section, after the word " specified," the words " and that the Secretary 
 shall certify the per diem and mileage to the Auditor;" and the amend- 
 ment was agreed to. 
 
 Mr. BROOKS. I move to amend by striking out the words "by the 
 actual travelled route," and inserting the words, " on the shortest route 
 furnishing public transportation." 
 
 It is itsual to travel, by some modes, over very short routes, that would be 
 exceedingly rough work for gentlemen to travel, to reach this Convention. 
 
 A MEMBER [in his seaf]. Mileage for actual travel. 
 
 Mr. BROOKS. We have a delegate in this Convention, who travelled 
 hither by an exceedingly short route, — through the brush and over the 
 mountains, with his knapsack on his back. I think if a member chooses 
 to undergo that kind of privation and toil, to reach this place, in order to 
 save a few dollars, or for any other consideration, that is his own matter ; 
 but he is entitled to compensation for the usually travelled route. 
 
 Mr. DUVALL. I shall oppose that amendment, from the fact that there 
 are many members here, and myself for one, who, were we to take the 
 usual routes travelled by public conveyance, would charge mileage for 
 three, and in many instances four, times the distance we have actually 
 travelled. It is true, we have rough ways to go over. But we can come 
 by short ways, by travelling mountain roads. I did that, myself; and I 
 think it would be injustice to our constituents, to charge for four or five 
 times the distance we shall have to travel. 
 
 Mr. BROOKS. I appreciate the motives and the economy of the hon- 
 orable member. I would submit, however, that the amendment will not 
 coerce any one. The gentleman can present his bill as he may choose. 
 If he has travelled a shorter route, and is perfectly content with mileage 
 computed by the distance he has actually travelled across the country, on 
 his mule, on foot, or otherwise, he is under no necessity of charging more. 
 The amendment simply secures to members the privilege of collecting 
 ' mileage for the distance by which others have travelled, and which they 
 must have travelled had they consulted their reasonable convenience and 
 comfort. Our supposition was, that if the honorable member, or any other, 
 travelled on horseback, he would have his horse to provide for when he 
 reached the Capital, and that his expenses would be nearly or quite as 
 
 ( 221 ) 
 
1868.] DEBATES AND PEOCEEDmGS OF THE [Tuesday, 
 
 Pay of Members and Officers.— UENEEAL I>EBATE. 
 
 great, and in some cases greater, than if he availed himself of the public 
 means of transportation. 
 
 I am certainly in favor of the utmost economy consistent with the com- 
 fort and convenience of members in their journeys to the Capital, and 
 returning. Members who have selected routes shorter than the usual 
 ones, are under no necessity of charging further mileage than that of their 
 actual travel. But that a gentleman has, at his own option and to his own 
 inconvenience, adopted a direct route to Little Rock, from his home, 
 should not work him the further privation of a decreased mileage. The 
 member from Chicot County, for instance, who struck across the coun- 
 try — or the member from Fulton, from Independence, or Lawrence, — is 
 entitled, justly and honorably, and in all propriety, to his mileage com- 
 puted by the public highway, not over hills and mountains and through 
 the brush. So to charge, however, will be no necessity, but merely a 
 privilege. 
 
 Mr. HODGES, of Crittenden. I move to amend by adding the words, 
 " either by stage, steamboat, or railroad." 
 
 The PEESIDENT, Does the gentleman from Phillips accept the 
 amendment? 
 
 Mr. BROOKS. I must be excused from accepting that kind of lumber, 
 
 Mr. McCOWK We might arrange the matter by taking the distance as 
 computed by members of the Legislature, from each County, heretofore. 
 
 Mr. MONTGOMERY. I beg that we may take into consideration the 
 state of our means of internal communication, in the State of Arkansas. 
 I would have to go further, to get to a public conveyance, than to come to 
 Little Rock ; and I conceive that to be the case with a great many of our 
 members. 
 
 Mr. BEASLEY. I presume that every man has made choice of his own 
 mode of getting here, and will do the same in going back. And, under 
 those circumstances, no matter how he got here, or how he gets away, and 
 whether he brought his horse here, or not, is a matter immaterial to the 
 Convention. The eight dollars per twenty miles pays him very well, any 
 way, if he. went on foot. That is the way I came here, and that is the 
 way 1 am going back. 
 
 Mr. BROOKS. I have no objection to making the actual travel the basis 
 of mileage; and if no objection be made, I will change my amendment 
 by insertmg, mstead of the words stricken out, the words, "bv the actual 
 travelled route." '' 
 
 No objection being made to the modification of the amendment 
 
 The question was taken; and the amendment, as modified, was a<-reed to. 
 
 Mr. HODGES, of Pulaski, moved that the rules be suspended, and that 
 the Ordmance be passed to a third readino-, 
 ( 222 ) 
 
Jan. 21st.] ARKANSAS CONSTITUTIOlSrAL CONVENTIOK [12th Day. 
 Pay of Members and Officers.— GENERAL DEBATE. 
 
 By consent, the motion was temporarily withdrawn, to enable 
 
 Mr. HOLLIS to move to amend by striking out the word " eight," 
 where relating to the per diem of members, and that the word " ten " be 
 inserted instead. 
 
 The PRESIDEiN'T. The question upon the amendment striking out 
 " eight" and inserting " ten," having been lost, a motion to the same effect 
 is not in order. 
 
 Mr. "WILSOE" was understood to move that the word "sixteen" be 
 stricken out, and the word " ten" inserted. 
 
 The question was taken ; and the amendment was not agreed to. 
 
 Mr. EXO]^ was of recollection that the previously defeated amendment, 
 referred to by the President, as rendering Mr. "Wilson's amendment out 
 of order, referred merely to the question of payment in currency or its 
 equivalent in Treasurj'^ warrants. 
 
 Mr. SARBER expressed the same recollection. 
 
 Mr. BROOKS moved a reconsideration of the vote by which the amend- 
 ment striking out the word " eight," so far as related to the per diem of 
 members, and inserting in its stead the word " ten," was rejected. 
 
 The question was taken ; and the motion to reconsider was agreed to. 
 The question was then taken upon the adoption of the amendment; and 
 the amendment was agreed to. 
 
 Mr. EVAISTS moved to amend by striking out the word " eight," where 
 it applied to the per diem of the Sergeant-at-Arms, the Assistant Sergeants- 
 at-Arms, the Doorkeepers, Assistant Doorkeepers, and Postmaster, and 
 inserting, instead thereof, the word " six." 
 
 Mr. BRA8HEAR. It seems to me very strange that men who are here 
 under as heavy expense as we are, should receive but six dollars per day, 
 while we receive eight or ten. As far as labor goes, the Doorkeepers have 
 more to do than we have. 
 
 Mr, EVAN'S. I would state, that I voted against the proposition to raise 
 the pay from eight to ten dollars. 
 
 Mr. MONTGrOMERY. I would inquire of the gentleman whether he 
 would be satisfied with six dollars. 
 
 Mr. CYPERT. I favor the amendment, from this fact. I am satisfied 
 that one doorkeeper and one assistant would have done all the work that 
 all these officers have done. The Committee has reported that there are 
 no surplus officers. There is a difference upon that point. If there are 
 officers sitting idle, I should be in favor of paying them in proportion to 
 the work done. 
 
 Mr. MpNTGOMERY. I voted against the amendment to give the 
 members ten dollars per day. I claim that this Convention is pledged to 
 these gentlemen, officiating in the offices of the body, to do by them what 
 
 ( 223 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Tuesday, 
 
 Pay of Members and Officers.— MONTGOMERY— HOLLIS— BROOKS. 
 
 is right and just. The proposition to reduce the number of our officers 
 has been submitted to the Convention ; it wa^ duly referred to the appro- 
 priate Committee, and that Committee reported back that we had no more 
 officers than are absolutely necessary. The Report was adopted. Now; 
 sir, if it has been declared, by the vote of this Convention, that we have 
 no more officers than are absolutely necessary, we are under obligations 
 •to pay these officers a fair price for their services. If it requires a pay of 
 ten dollars per day for our compensation, then, for these officers who are 
 necessary for the transaction of our business it requires fully as much, for 
 the defrayment of their expenses. And for one, I feel obligated, in good 
 faith, to vote them a reasonable compensation. 
 
 Mr. HOLLIS. I have no objection to paying these gentlemen ten 
 dollars per day; but I wish to state that it was not understood, in my 
 County, that we would get less than ten dollars per day, and my constitu- 
 ents are willing that we should have it. 
 
 Mr. BEOOKS. As the matter now stands, if I am correct in my view 
 of it, we propose to give our Secretary twelve dollars per day, and the As- 
 sistant Secretaries eight. I simply submit this. I do not wish to institute 
 a comparison between the members of this Convention — as I am one of 
 that number, myself— and our Doorkeepers. I do not wish to detract from 
 the importance of the position, nor the estimate of the amount of labor 
 performed by those gentlemen. But I certainly do think this Convention 
 will act very strangely, if it should agree to pay our Doorkeeper, and hie 
 Assistants, the same salary with our Assistant Secretaries. I think a man's 
 brain, and culture, and an experience in business which would enable him 
 to take a position as First or Second Assistant Secretary, at this desk, and 
 perform the duty that these gentlemen have performed faithfully, and, I 
 think, satisfactorily, thus far— working all day and half the night, " right 
 straight through," with a prospect of having to increase the number of 
 hours' work, as the session progresses— I think that these qualifications 
 should bring to their possessors somewhat greater compensation than 
 comes to the Doorkeepers. It may be just to give the Doorkeepers eight 
 dollars per day; but then it is extremely unjust to give the Secretaries no 
 more. If we maintain the pay of the Doorkeepers at eight dollars, we 
 should certainly give the Assistant Secretaries at least the pay of members. 
 
 I am not aware that, hitherto, the Sergeant-at-Arms has been called 
 upon to do anything. It is not his fault. I concede that, of course. [A 
 MEMBER, in his seat, made a suggestion to the speaker.] I stand corrected. 
 I believe he has had some duties to perform. But I merely mean to say 
 that the position and responsibilities of men at this desk, to say nothing 
 of the members of this body, are of a character to demand, in all justice, 
 a quarter more pay, to say the least, than that of these other officfers of the 
 Convention. 
 ( 224 ) 
 
Jan. 2l8t.] AEKAlSrSAS CONSTITUTIOlSrAL CONVENTION. [12th Day. 
 Pay of Members and Officers.— HODGES— WILSON— KYLE. 
 
 Mr. HODGES, of Crittenden. I move to amend so that the Assistant 
 Secretaries shall receive ten dollars per day. 
 
 Mr. WILSON". As a member of the laboring class of mankind, I think 
 it my duty to say a word, in favor of those gentlemen, for the Doorkeepers. 
 W^ have a proposition urged, here, to reduce their pay; and, I think; too, 
 by gentlemen who spit in the spittoons which the Doorkeepers have to 
 wash up. I would rather do my labor all day, than to wash out one of these 
 spittoons. I think gentlemen who reduce the wages of those who clean 
 up after us, here, have a poor appreciation of labor. 
 
 Mr. HODGES, of Pulaski. I wish to withdraw my motion, and to sub- 
 mit another. I wish to recommit the whole subject to the same Com- 
 mittee, that they may report back again salaries to correspond with what 
 seem to be the views of the Convention, on the basis of a per diem pay- 
 ment, to members, of ten dollars. 
 
 The PRESIDEIlTT. The Chair will state, for the information of gentle- 
 men, the state of the question. There are two questions pending, in the 
 form of amendments ; one for reducing the salaries of certain officers, and 
 one for increasing the compensation of the Assistant Secretaries. 
 
 Mr. HODGES, of Pulaski. I wish to recommit the whole subject. 
 
 Mr. KYLE. I hope the Convention will not take the course indicated 
 by the gentleman from Pulaski [Mr. Hodges]. We have made some prog- 
 ress in this matter, I think ; and I desire to see it go on. 
 
 While on my feet, I will state, in regard to the pay of the principal 
 clerks, that, in such observatioa as I havehad of deliberative bodies, when 
 I have seen members of the body paid four dollars per day, the Chief 
 Clerk was paid six, and the Assistants the same as the members, four 
 dollars. I think, in view of the expenses of board, and the depreciation 
 of currency, these gentlemen should be paid ten dollars per day. Let the 
 Secretary receive twelve, the Assistants ten, the Doorkeepers eight — or 
 ten, if you please. I think the President should have double the pay of 
 the members. 
 
 But let us proceed with the consideration of the subject, now. I think 
 we have made some progress. 
 
 The question was taken on the motion to recommit the Ordinance to 
 the Committee ; and the motion was not agreed to. 
 
 The question was then taken upon the motion to amend by striking out 
 the word " eight," where applying to the per diem of the Sergeant-at- 
 Arms, the Assistant Sergeants-at-Arms, the Doorkeeper, the Assistaut 
 Doorkeepers, and Postmaster, and inserting, instead thereof, the word 
 " six;" and the amendment was not agreed to. 
 
 The question recurring upon the amendment striking out the word 
 
 15 ( 225 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Tuesday, 
 
 Pay of Members and Officers.— BROOKS— MALLOBY. 
 
 " eight," where it applied to the per diem of the Assistant Secretaries, and 
 inserting, instead thereof, the word " ten." 
 
 Mr. BROOKS moved to amend the amendment so as to make it appli- 
 cable to the per diem of the Chaplain also. 
 
 Mr. HODGES, of Crittenden, accepted the amendment to his amend- 
 ment. 
 
 The question was then taken; and the amendment, as amended, was 
 agreed to. 
 
 Mr. BROOKS moved that the rules be suspended, and that the Ordi- 
 nance, as amended, be passed to a third reading, and be placed upon its 
 final passage. 
 
 The question was taken ; and the motion was agreed to ; so the rules 
 were suspended, and 
 
 The Ordinance, as amended, was read a third time. 
 Upon the question of the final passage of the Ordinance, 
 Mr. CYPERT asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was then taken upon the final passage of the Ordinance, as 
 amended ; and it was decided in the afiirmative, — Yeas 47, Il^ays 18, as 
 follows : 
 
 Yeas : Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, Evans, 
 Bxon, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hollis, 
 Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchinson, Johnson, 
 Kyle, Langley, Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, 
 McClure, Oliver, Poole, Portis, Eawlings, Eector, Eounsaville, Sams, Samuels, 
 Sarber, Scott, Sims, Smith, Wilson, White, Williams, Wyatt, and the Presi- 
 dent — 47. 
 
 Nays. Messrs. Beasley, Cypert, Duvall, Gantt, Gray of Jefferson, Hicks, 
 Hoge, Mallory, Matthews, Owen, Priddy, Puntney, Eeynolds, Shoppach, Snyder, 
 Van Hook, Walker, and Wright — 18. 
 
 So the Ordinance was passed. 
 
 Pending the call of the roll: 
 
 Mr. MALLORY (when his name was called) said he must vote against 
 the Ordinance, for more than one reason. He deemed the allotment of 
 mileage too great, and unequal. He, did not think it right that the Door- 
 keepers should be paid as much as members sent here, by their con- 
 stituents, to perform an important duty. 
 
 The PRESIDENT. The Chair will remind the gentleman that the Door- 
 keepers, under the provisions of the Ordinance, are to be paid but eight 
 dollars per day; while the members of the Convention are to receive ten. 
 ( 226 ) 
 
Jan. 2l8t.] AEKANSAS CONSTITUTIONAL CONVENTION. [12th Day. 
 Little Rock and Port Smith Railroad.— GANTT. 
 
 Mr. WILLIAMS moved that the Convention adjourn. 
 The question was taken; and the motion was agreed to; 
 And thereupon, at 1.15, p.m., the Convention adjourned to 10, a.m., of 
 "Wednesday, January 22d. 
 
 THIRTEENTH DAY. 
 
 "Wednesday, January 22d, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Oorbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 son, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hodges of Crittenden, Hodges 
 of Pulaski, Hoge, HoUis,' Houghton, Hutchinson, Kyle, Langley, Mallory, Ma- 
 son, Matthews, Merrick, Misner, Millsaps, Montgomery, McCown, McClure, 
 Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, 
 Van Hook, "Walker, "Wilson, White, "Williams, "Wright, "Wyatt, and the Presi- 
 dent. 
 
 Sick and Excused : Messrs. Bradley and Johnson. 
 
 A quorum being present: 
 
 The Journal of the preceding day was read and approved. 
 
 LITTLE ROCK AND PORT SMITH RAILROAD — AGAIN. 
 
 The presentation of petitions and memorials being in order, 
 Mr, GrANTT presented the following communication, which was read 
 by the Secretary : 
 
 Little Rock and Fort Smith Railboad Company: 
 Secketary's Office, 
 Little Rock, Akk., Jan. 20th, 1868. 
 
 Sir: T notice in the published proceedings of the Convention on the 17th 
 inst., that a committee was appointed to investigate the affairs of this Com- 
 pany. The charge implied in this action of the Convention is calculated to 
 greatly embarrass, if it will not entirely defeat, the success of negotiations 
 now pending for the construction of the road. 
 
 The books of the Company are always open to the inspection of any of the 
 
 { 227 ) 
 
1868.] DEBATES AND PEOCBEDIKGS OP THE [Wednesday, 
 
 Little Eock and Fort Smith Eailroad.— GANTT— BEOOKS— CTHERT. 
 
 stockholders, and as the proposed manner of investigation will certainly be 
 attended with considerable expense to the already impoverished people of the 
 State, and as the Company has nothing to conceal from those who are sincerely 
 interested in its success, I would respectfully state, through you, to the Con- 
 vention, that any application for information as to the transactions of the 
 Company or any of its officers or agents, if made in the proper manner at the 
 Company's office in this city, will meet with prompt and courteous attention. 
 
 ,1 am, sir, very respectfully. 
 
 Tour obt. serv't, 
 
 J. H. Hanet, 
 
 i' - Secretary. 
 
 Hon. E. S. Gantt, 
 
 Member of the Convention, 
 Little Eock, Arkansas. 
 
 Mr. GANTT moved that the communication be referred to a special 
 committee, to consist of Messrs; Sarber, Brooks, and Reynolds. 
 
 Mr. BROOKS moved, as a substitute, to refer the communication to the 
 Committee on Internal Improvements. 
 
 Mr. CTPERT. It would seem out of the regular order, we having a 
 Committee on Internal Improvements, to refer this communication to a 
 special committee, were it not for the fact that a kind of commission has 
 been raised, by this Convention-^as seems to be indicated by the paper 
 just read, — thus implying a want of proper action upon the part of this 
 Road. As I understand, no question is now involved, nor was any urged 
 the other day, with reference to the value of this road as an internal im- 
 provement, but the investigation was called for simply on the ground of 
 the financial interest of the State in the project. I suppose the proposition, 
 now submitted, to refer the subject to a special committee, to be offered 
 with a view of investigating the question of the interest of the State— to see 
 if her funds are being squandered, in any manner whatever. It is but 
 just to the Road that its action should be properly examined into, upon a 
 preferred request, when the implication is raised that the Corporation is 
 in some way guilty of improper conduct. The proposed committee stands 
 in the nature of a court of inquiry. The Company ask to have their acts 
 properly put before this Convention. It cannot be more improper for a 
 special committee to investigate their doings, than to raise a commission 
 to sit at some future day— at their own leisure, not at any particular time, 
 —without power to notify any person to attend their sessions, and equally 
 without instructions, themselves, as to what duties they shall perform, or 
 authority to give notice to others of their intended performances. Under 
 the circumstances, therefore, it seems to me irregular to refer the com- 
 munication to a standing committee, and that it is rather proper that a 
 special committee should be raised. 
 ( 228 ) 
 
Jan. 22d.] AEKANSAS -CONSTITUTIOISrAL CONVENTION. [13th Day. 
 Little Kook and Fort Smith Eailroad.— MoCLUEE, 
 
 Mr. McCLURE. This is a somewhat peculiar communication. It dis- 
 plays a rather dictatorial spirit. The writer says : 
 
 "The charge implied in this action of the Convention" — 
 
 There is no such charge — no charge of fraud was made upon this floor — 
 
 " is calculated greatly to embarrass, if it will not entirely defeat, the success 
 of negotiations now pending for the construction of the road." 
 
 The proposition is, to embarrass the progress of this affair, until an in- 
 vestigation can be had. The State, with an interest in the road, of ten 
 thousand dollars per mile, and having paid into the treasury of this Com- 
 pany forty thousand dollars in gold, has no account of what has been done 
 with that money; and just at this time, when no legislature can assemble 
 here, it is our duty, as the only representatives of the people, having any 
 authority in the land, to prevent any further negotiations proceeding at 
 this particular period. The object is, to break them oft" at the present. If 
 the transactions of this Company are fair and honorable, the negotiations 
 will not be embarrassed, at all. But if fraud has entered — and the gentle- 
 man who signs this communication is the first who has suggested such a 
 thing, — then it is our bounden duty to protect the interest of the State, to 
 the extent which the resolution of inquiry proposes. 
 
 Listen to this language ! 
 
 " The books of the Company are always open to the inspection of any of 
 the stockholders.'* 
 
 Is not the State of Arkansas a stockholder in this Company — perhaps 
 to a greater extent than any other party ? In fact, has not the State of 
 Arkansas given to the Company by far the greater share of the resources 
 which the Company possesses ? Is private capital interested, in this mat- 
 ter, to the extent of one-fourth the amount of resoui'ces furnished by 
 the State? 
 
 " And aa the proposed manner of investigation will certainly be attended 
 with considerable expense" — 
 
 The resolution, as adopted, contains this express proviso : 
 
 " Provided, That no expense is hereby incurred by the State, by reason of 
 the attendance of witnesses, or otherwise." 
 
 I resume the reading of the communication. 
 
 — " will be attended with considerable expense to the already impoverished 
 people of the State ;" — 
 
 ( 229 ) 
 
1868.] DEBATES AI^D PEOCBEDINGS OF THE [Wednesday, 
 
 Little Boelaand Port Smith Eailroad.— McCLUKB— GREY— BEASLET. 
 
 That is. just what we propose to prevent — we propose, at least, to pre- 
 vent their being impoverished to the amount of forty thousand dollars i-n 
 gold. 
 
 " And as the Company has nothing to conceal from those who are sincerely 
 interested in i,ts success," — 
 
 The success of what ? of the road, or of the individuals who have dis- 
 posed of the State's donation ? 
 
 " I would respectfully state, through you, to the Convention, that any appli- 
 cation for information as to the transactions of the Company, or any of its 
 officers or agents, if made in the proper manner," — 
 
 In the proper manner ! A secretary of a " one-horse" railroad company, 
 that has been preying upon the industry of the State, and without any 
 capital but such as has been afforded by the State, informs the representa- 
 tives of the people of the State, that if their application shall be made in 
 a proper manner, the proposition will be considered ! 
 
 I now move you, sir, that instead of ordering a referenae, the commu- 
 nication be entirely rejected. 
 
 Mr. GANTT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was then taken on the motion to reject the communicar 
 tion ; and the motion was agreed to, — Yeas 43, !N'ays 18, as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, 
 Dale, Bxon, Gray of Jefferson, Hawkins, Hinds, Hinkle, HoUis, Houghton, 
 Hutchinson, Langley, Mallory, Merrick, Misner, Millsaps, Montgomery, Mur- 
 phy, McCown, McClure, Oliver, Poole, Portis, Priddy, Eawlings, Eector, Eoun- 
 saville, Sams, Samuels, Scott, Sims, Snyder, Van Hook, White, Wilson, Wil- 
 liams, Wyatt, and the President — 43. 
 
 Kays: Messrs. Cypert, Duvall, Evans, Gar^tt, Harrison, Hicks, Hodges of 
 Crittenden, Hodges of Pulaskij Hoge, Kyle, Matthews, Owen, Puntney, Eey- 
 nolds, Shoppach, Smith, Walker, and Wright — 18. 
 
 So the communication was rejected. 
 
 Pending the call of the roll : 
 
 Mr. GREY, of Phillips (when his name was called), said : AS I do not 
 understand the position of affairs in regard to this matter, and as I would 
 wish to vote, on a question of this kind, intelligently, I would like to be 
 excused. 
 
 No objection being made, 
 
 Mr. GREY was excused from voting. 
 
 Before the vote was announced, 
 
 Mr. BEASLEY said : I wish to make an explanation. The reason why 
 { 230 ) 
 
Jan. 22d.] AEKANSAS CONSTITUTIONAL CONVENTION. [13th Day. 
 
 Expenses of Convention. 
 
 I voted Aye, upon the question of rejecting the communication, was, that 
 I considered the resolution adopted by the Convention, for investigation, 
 as premature action, in a matter over which we have no jurisdiction ; <and 
 I would like to keep voting till I could vote the whole subject out of the 
 Convention. 
 
 The vote was then announced as above. 
 
 EXPENSES OF THE CONVENTION — AGAIN. 
 
 . The PRESIDEFT laid before the Convention the following communi- 
 cation from the Treasurer of the State : 
 
 TRBASrRT or THE STATE OF AbKAKSAS, 
 
 Little Rook, January 21st, 1868. 
 
 To the Honorable President and Members of the Constitutional Convention assembled : 
 I have the honor to forward, inclosed, for your information, copies of tele- 
 grams regarding payments of expenses of the Constitutional Convention. 
 
 Very respectfully, your ob't serv't, 
 
 Henry Page, 
 
 Treasurer. 
 
 Teeasttrt of the State of Arkansas, 
 
 Little Eock, January 20th , 1868. 
 
 To O. D. Greene, 
 
 A. A. G. Pourth Military District, Holly Springs, Mississippi : 
 
 Eesolution passed Convention directing payment, by Treasurer, of expenses 
 of Convention, from funds on hand. If paid, bonds deposited must be sold ; 
 cannot pay under existing military orders. 
 
 (Signed) Henry Page. 
 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 ViCKSBtTEG, January 21st, 1868. 
 To CoL. Henry Page, 
 
 state Treasurer : 
 
 Make no payments without special orders from the General commanding. 
 The subject will be decided when resolutions and all papers are properly before 
 him. 
 
 (Signed) John Tyler, 
 
 A. A. A. G. 
 True copy. 
 
 Henry Page, 
 
 Treasurer. 
 
 ( 231 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Pay of Members and Officers — Suspension of Collection of Debts — Committee on Journal. 
 
 Mr. MONTGrOMEEY moved that the communication be referred to 
 the Committee on Finance, Taxation, Public Debt, and Expenditures. 
 
 The question was taken ; and the motion was agreed to. 
 
 PAY OF MEMBERS AND OFFICERS — AGAIN. 
 
 Motions, resolutions, and notices being in order, 
 
 Mr. BELL gave notice that on the morrow he should, for the purpose 
 of proposing a reduction of the per diem of members and officers, move 
 a reconsideration of the vote whereby the Ordinance, entitled "An Ordi- 
 nance regulating the compensation of members and officers of the Con- 
 stitutional Convention," was passed. 
 
 SUSPENSION OF COLLECTION OF DEBTS — AGAIN. 
 
 Mr. MONTGOMERY offered the following Ordinance, which was read 
 a first time : 
 
 AN ORDINANCE TO STAT THE COLLECTION OF DEBTS. 
 
 Be it ordained by the People of the State of Arkansas, in Convention assenihled : 
 That all sales of property under execution or other final process, from any of 
 the Courts of this State, are hereby suspended. This Ordinance to be and 
 remain in full force until the twenty-fifth day of December, one thousand eight 
 hundred and sixty-nine : Provided, that in case the Constitution framed by this 
 Convention, when submitted to the people for ratification, is rejected, then this 
 Ordinance, from the date of said rejection, shall cease to operate. And pro- 
 vided further, that this Ordinance shall not apply to judgments in favor of 
 laborers or mechanics, for services rendered and materials furnished since June 
 first, one thousand eight hundred and sixty-five. 
 
 Mr. MONTGOMERY moved that the Ordinance be referred to the 
 Committee on the Judiciary. 
 
 The question was taken ; and the motion was agreed to. 
 
 COMMITTEE ON REVISION OF JOURNAL. 
 
 Mr. HODGES, of Crittenden, offered the following resolution : 
 
 Resolved : That a special committee of three members, consisting of Messrs. 
 Cypert, Brooks, and Beasley, be appointed by the Chair to examine the re- 
 cords, in order to avoid mistakes in copying the proceedings of the Convention. 
 
 The question was taken ; and the resolution was adopted. 
 ( 232 ) 
 
Jan. 22d.] AEKANSAS CONSTITUTIONAL CONVENTION. [13th Day. 
 Suspension of Collection of Debts — Expenses of Convention — Navigation of Arkansas Kiver. 
 
 SUSPENSION OP COLLECTION OF DEBTS — AGAIN. 
 
 Mr. BEASLEY offered the following Ordinance, which was read a first 
 time: 
 
 AN ORDINANCE FOR THE SUSPENSION OP THE COLLECTION OF DEBTS. 
 
 Be it ordained by the People of the State of Arkansas, in Convention assembled : 
 That from and after the ratification of the Constitution, framed under an act 
 entitled "An Act to provide for the more efficient government of the Eebel 
 States," passed March second, one thousand eight hundred and sixty-seven; 
 and the acts supplemental and amendatory thereto, that no debts shall be col- 
 lected by execution and sale under the same, prior to the first day of January, 
 one thousand eight hundred and seventy : Provided this Ordinance shall not 
 apply to judgments in favor of laborers and mechanics, for services rendered 
 since the first day of January, one thousand eight hundred and sixtj'-seven ; 
 nor shall it interfere with the present laws of attachment now existing in this 
 State. 
 
 Mr. MOISTTGOMERY moved that the Ordinance be referred to the Com- 
 mittee on the Judiciary. 
 
 The question was taken ; and the motion was agreed to. 
 
 EXPENSES OP THE CONVENTION — AGAIN. 
 
 Mr. MATTHEWS gave notice that on the morrow he should move a 
 reconsideration of the vote whereby the Ordinance entitled "An Ordi- 
 nance raising revenue for the purpose of defraying expenses of Constitu- 
 tional Convention " was passed. 
 
 He had voted for the Ordinance,, with the intention of moving a recon- 
 sideration. 
 
 ' NAVIGATION OF ARKANSAS RIVER. 
 
 Mr. HINDS, from the Special Committee appointed to draft a memorial 
 to Congress for the improvement of the navigation of the Arkansas Eiver, 
 reported the following : 
 
 A MEMORIAL TO CONGRESS FOR AN APPROPRIATION OP MONET FOR IMPROV- 
 ING THE ARKANSAS RIVER FROM ITS MOUTH TO FORT SMITH. 
 
 To the Honorable, the Senate and Souse of Representatives, in Congress assembled : 
 ' Your memorialists, the Constitutional Convention of the State of Arkansas, 
 respectfully represent that the Arkansas Eiver, during the season of low water, 
 is so obstructed by snags and sand-bars as to render the navigation difficult 
 and hazardous, but that by the appropriation and proper outlay of a small sum 
 
 { 233 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Wednesday, 
 
 Disfranchisement.— DALE— MONTGOMERY. 
 
 of money, the said river, between the points designated, could be rendered 
 navigable during the entire season, and would open a thoroughfare o'f inland 
 communication to a rich agricultural district, facilitate the transportation of 
 the mails, and afford to the settlements embraced in the country tributary to 
 the Arkansas, the speedy development of the various resources of that section 
 of the country, abounding in lumber, agricultural, and mineral wealth, besides 
 affording facilities for reaching the trade and exchange of the Indian countrj' 
 west, and affording to the Government a more speedy access to that region. 
 
 Tour memorialists, therefore, ask that an appropriation of one hundred 
 thousand dollars (100,000) be made for the improvement of said river. And your 
 memorialists will ever pray. 
 
 James Hinds, Chairman. W. G. Hollis, 
 
 G. H. Kyle, ' "Wm. A. Beasley, 
 
 N. E. Eawlings, O. p. Snydee. 
 
 Mr. GREY, of Phillips, moved that the Memorial be adopted. 
 Mr. MOISTTGOMERY moved to amend by referring the Memorial to 
 the Committee on Memorials and Ordinances. 
 
 The question was taken; and the amendment was agreed to. 
 
 The question was taken on the motion as amended ; and the Memorial 
 was referred to the Committee on Memorials and Ordinances. 
 
 DISFRANCHISEMENT. 
 
 Mr. DALE offered the following resolution : 
 
 Besolved : That the Committee on Franchise be, and are hereby, instructed 
 to inquire into the expediency of disfranchising the following classes of per- 
 sons, viz. : * 
 
 First, All those who are disfranchised in the present Eeconstruction Acts of 
 Congress. 
 
 Second. All those who, during the late war of the rebellion, by cruelty to 
 Union citizens or prisoners of war, or otherwise, violated the rules of civihzed 
 warfare. 
 
 Third. All those who, after the opening of the war, took and subscribed an 
 oath of allegiance to the United States Government, or oath of amnesty under 
 any order or proclamation of the President, and afterwards violated its pro- 
 visions. 
 
 Fourth. All those who, having been disfranchised for rebellion or armed hos- 
 tilities to the Government, in other States, have removed, or may hereafter 
 remove, to this State. • 
 
 Mr. MONTGOMERY moved to refer the resolution to the Committee 
 on the Elective Franchise. 
 ( 234 ) 
 
Jan. 22d.] AEKANSAS COlSrSTITUTIONAL COJ^YENTIOK [13th Day. 
 Disfranchisement.— MoCLURB— MATTHEWS— BROOKS. 
 
 Mr. EEYK"OLDS moved to lay the resolution on the table ; and T>pon 
 that motion asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 12, 
 Nays 49, as follows : 
 
 Yeas : Messrs. Cypert, Duvall, Evans, Gantt, Hicks, Hoge, Owen, Eeynolds, 
 Shoppach, Sims, Walker, and Wright — 12. 
 
 Nats: Messrs. Beasley,Belden,Bell,Brashear, Brooks, Coates, Corbell, Dale, 
 Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hawkins, Hinds, Hinkle, 
 Hodges of Crittenden, Hodges of Pulaski, Hollis, Houghton, Hutchinson, Kyle, 
 Langley, Mallory,. Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, 
 McCown, McClure, Oliver, Poole, Priddy, Puntney, Eawlings, Eector, Eoun- 
 saville, Sams, Samuels, Scott, Smith, Snyder, Van Hook, Wilson, White, Wil- 
 liams, Wyatt, and the President — 49. 
 
 So the Convention refused to lay the resolution on the table. 
 Mr. MATTHEWS offered the following as an amendment to the reso- 
 lution before the Convention : 
 
 Besolved : That the Committee on Elective Franchise be instructed to inquire 
 into the expediency of disfranchising no one for participation in any past 
 rfebellion. 
 
 Mr. KYLE moved to amend by striking out the word "one," and in- 
 serting, instead thereof, the word " citizen." 
 
 Mr. MATTHEWS accepted the amendment. 
 
 Mr. GREY, of Phillips, moved that the amendment, as amended, be 
 referred, with the original resolution, to the Committee on the Elective 
 Franchise. 
 
 Mr. McCLIJRE. The Act of Reconstruction, under which we assemble, 
 declares that certain persons shall be disfranchised. A resolution is intro- 
 duced, instructing the Committee on Franchise to report that no man 
 shall be disfranchised, thereby asking the Convention to violate the law of 
 the land. I am not able to make any such pledges as that ; and therefore 
 I move to reject the amendment. 
 
 Mr. MATTHE WS. I am certainly in favor of coming entirely up to the 
 requirements of Congress ; but I deny that the requirements of Congress, 
 as expressed in the Military Bill, will preclude us from framing a consti- 
 tution disfranchising no one. This is not a proper time, however, for the 
 discussion of that question. 
 
 Mr. BROOKS. I am opposed to the motion to reject. Not, how- 
 ever, upon the ground of the honorable gentleman from Drew [Mr. 
 Matthews]; because, according to my recollection, the Act of Con- 
 
 ( 235 ) 
 
1868.] DEBATES AND PEOCEBDmGS OF THE [Wednesday, 
 
 Disfranchisement.— BROOKS— CYPEKT. 
 
 gress under which we are proceeding, requires, if we are to succeed — if 
 we desire to succeed — in reconstruction, that the Constitution, which we 
 shall report to the people, for their acceptance, and to Congress if ratified 
 by the people, shall be conformed to the principles of the Reconstruction 
 Act ; and a part of the provisions of that Act certainly is, the disfranchise- 
 ment of certain individuals, or classes of persons. If the Constitution 
 which we shall adopt should disfranchise no person, surely it will not be 
 conformed to the requirements of the Act ; and to fail in so conforming 
 it, is, of course, to defeat reconstruction. Whether it be the object of the 
 honorable member, in presenting the motion, to secure that point in the 
 Constitution, for the purpose of defeating reconstruction, and keeping the 
 State out of the Union, and to retain it in its present attitude, I do not 
 presume to decide ; but certainly that will be the practical effect. I am 
 opposed, however, to the rejection, simply because I hold it right and 
 proper for the honorable member to have the attention of the Committee 
 drawn to any topic that he may desire, no matter how absurd, or how 
 foreign to all the purposes of the Conventiou. The simple fact that he is 
 a member here, ought to secure a hearing for any proposition, simply ask- 
 ing consideration, that he may make, so that it be not disrespectful to the 
 Convention. I say, the proposition ought to be considered. I am in favor 
 of the original motion, and I am in favor of the amendment — that is to 
 say, that the Committee on the Franchise shall be instructed to inquire 
 into the expediency of continuing in our present attitude before the coun- 
 try — broken all in pieces — every enterprise, every industrial movement, 
 perfectly lock-stopped. If gentlemen really deem it expedient to adopt a 
 constitution which shall preserve us in our isolated condition, and in direct 
 conflict with the Act of Reconstruction, let them call upon the Committee 
 so to report. We do not at all commit ourselves to either course ; we 
 merely refer the .matter to the Committee, for their consideration ; we im- 
 pose upon the Committee no obligation to any course of action. The 
 mere motion, however, will undoubtedly be sufficient for that purpose. 
 
 I cannot disguise the fact that this is a great practical question— one of 
 the vital questions before the Convention,— as to the extent and nature of 
 the disfranchisement to be determined upon by this body. That we shall 
 disfranchise somebody, there is no question— that is a foregone conclusion ; 
 so that the adoption of the proposed resolution will amount merely 
 to directing a committee to inquire into the propriety of doing what the 
 proposers know will be rejected by the Convention. I can see no ob- 
 jection. 
 
 Mr. CYPERT. The error in the minds of members of the Convention, 
 
 seems to be as to the powers with which we are clothed, here, and the 
 
 business we are to perform. The Reconstruction Act is divided into two 
 
 parts, the one declaratory, the other directory. There are two clauses 
 
 ( 236 ) 
 
Jan. 22d.] AEKANSAS COlSrSTITUTIONAL CONVENTION. [13th Day, 
 Disfranchisement.— CTPERT— DALE. 
 
 declaratory, viz., that declaring us to be in a state of rebellion, and that 
 placing us under military law. The appointment of the military com- 
 mander is also declaratory; but the remainder is directory as to the pow- 
 ers and duties of the commander of the District. The Supplemental Act, 
 also, is directory as to the manner of holding the election, and so forth. 
 But there is nothing obligatory, under any part of the Act, except that 
 portion which declares us under martial law, and appoints the commander. 
 There is no clause which says that this Convention shall disfranchise any 
 man. By way of directing the manner of holding the elections for the call 
 of this Convention, and for the ratification of the Constitution, it provides 
 that certain classes alone shall be competent voters upon those subjects. 
 But, sir, we are not required to disfranchise individuals. The contingen- 
 cies upon which we shall be relieved from military sway, are, the ratifica- 
 tion of a certain constitution, by the people and by Congress. There are, 
 in all, nine contingencies, upon the happening of which we shall be re- 
 lieved from our present condition. Three of these requisites are such as 
 this Convention, or the people of the State of Arkansas, can have no con- 
 trol over, whatever. One requirement of the Bill is, that we shall call a 
 Legislature, under our new Constitution, which shall ratify the Fourteenth 
 Amendment to the Constitution of the United States. In the adoption of 
 that amendment, we preclude the specified classes from holding office. It 
 does not preclude them from the exercise of the right to vote, but merely 
 from the right of holding office. Over that contingency, however, we can 
 have no control. The other contingencies outside of the control of this 
 body, or of the State, are : first, that a sufiicient number of States shall 
 ratify the proposed Fourteenth Amendment, to make it a part of the Con- 
 stitution; second, that Congress shall agree to and ratify the Constitution 
 which we present. There is still another, which I do not at this moment 
 call to mind. Now we are not to be led into error because gentlemen read 
 the Reconstruction Act incorrectly. Gentlemen construe the declaratory 
 portion of the Act as obligatory; whereas, though certain parts of the 
 Act are directory, others, upon which so much stress is laid here, are 
 merely declaratory. 
 
 Mr. DALE. I am exceedingly obliged to the gentleman from White 
 [Mr. Cypert] for the information he has just given us of the meaning of 
 plain English. A word or two in regard to my motive for having offered 
 this resolution, will be sufficient, as I did not come here to generate or 
 blow off gas — I came here to work. My motive in offering the resolution, 
 was, that I regarded this as a question of great interest and importance to 
 the country, and one upon which it behooved us to take action at the 
 earUest possible day, in order to its full, fair, and thorough investigation. 
 I was aware, sir, of the wormwood and gall that this proposition would 
 stir up. I have offered it, however, with a view to its thorough investi- 
 
 ( 237 ) 
 
1868.] DEBATES AND PEQCBEDINGS OP THE [Wednesday, 
 
 Disfranchisement.— DALE— McCLUEB—McCOWN—GRET. 
 
 gation, and a proper consequent report. If the Committee shall see 
 proper to disfranchise the parties included in the resolution, let them so 
 report. I have no objection to the proposition of -the gentleman from 
 Drew [Mr. Matthews], since it embodies merely the main features of the 
 investigation asked for by myself, in relation to the propriety of disfran- 
 chising the classes specified, or any classes. 
 
 Mr. McCLUEE. I will state my object, in presenting the motion to 
 reject these instructions. I do not pretend, at all, to answer the argu- 
 ment presented on the other side of the hfcuse — I do not deem any answer 
 necessary, But I will say a word in regard to the assertion that one part 
 of the Law is directory, and the other is not. It is a fact well known to 
 every loyal man in the United States, that the elective franchise gannot 
 safely be restored to those now disfranchised under the Acts of Congress. 
 I say, sir, that is a fact well known to the loyal men of all this country, 
 I propose now to ask this Convention to place itself upon record^ on the 
 question whether they are willing, by their yeas and nays, to direct that 
 a. committee of this body shall so much as take into consideration such a 
 question as is proposed. If they desire it to go back to their constituency 
 that they instructed their committee to inquire into the propriety of such 
 action, I have no objection; but as for mySelf, I propose to send to my 
 constituents no such record for their perusal. 
 
 Mr. McCOWIsT. I can see no reason why this whole question should not 
 be investigated by the proper committee. The gentleman offering the 
 original resolution, makes no objection to the investigation; and the ques- 
 tion is one that should be investigated to the fullest extent, in order that 
 we may get the benefit of the united wisdom of the Convention, upon the 
 subject. The question is one of great interest; it is one upon which some 
 of us, who harmonize upon everything else, may not be disposed to har- 
 monize. I admit— I frankly declare— that I am in favor of the most liberal 
 Constitution that can be framed. The most liberal— and for the reason 
 that I know many men, now disfranchised, that are among the best citi- 
 zens of our community — men that are among those who, in common with 
 myself, long most for peace. There can be no harm in submitting the 
 subject to investigation. As regards the final adjustment of the question, 
 —this is not the time for that. That will come up after the Committee 
 shall have made their report. 
 
 Mr. GEEY, of Phillips. I must differ from the gentleman from Ar- 
 kansas [Mr. McClurb], in his desire to reject the amendment. If I 
 correctly understood the object of the amendment, it was simply to direct 
 an inquiry into the expediency of a certain measure. I am disposed to 
 afford this question the largest investigation, and to afford every facility 
 for concentrating upon it all the reflection and wisdom of the members of 
 this Convention, so far as possible. It is one of vital importance ; and in 
 ( 238 ) 
 
Jan. 22d.] ARKANSAS CONSTITUTIONAL CONVENTION. [13th Day. 
 Disfranchisement.— GKBY—MONTGOMBKY— KYLE. 
 
 order that we may reach the soundest conclusiou upon it, I desire that the 
 ideas of every gentleman may be submitted for the consideration of our 
 Committee, that they may afford us all possible light. 
 
 As to the declaratory portion of the Acts of Reconstruction, I am glad 
 to see a disposition to consider them in their true light. One of those 
 provisions declares 
 
 " That until the people of said rebel States shall be by law admitted to rep- 
 resentation in the Congress of the United States, any civil government which 
 may exist therein shall be deemed provisional only, and in all respects subject 
 to the paramount authority of the United States at any time to abolish, modify, 
 control, or supersede the same." 
 
 I am glad, I v^as about to remark, that gentlemen are willing to abide 
 by the Acts of Congress. It was asserted, here, that these declarations 
 were false in fact, and that we possessed a government de facto and dejure. 
 But it seems we have come to the conclusion that such is not exactly the 
 case ; and in organizing a government I hope that the views of every gen- 
 tleman on this floor will be considered in committee, and the best consti- 
 tution matured that can be produced by the brains of this Convention ; 
 and I believe there are sufficient here to produce a constitution that shall 
 bring peace and prosperity to the State of Arkansas. 
 
 I shall vote in favor of the motion to refer the amendment to the Com- 
 mittee on the Elective Franchise. 
 
 The question was then taken on the motion to reject the amendment 
 offered by Mr. Matthews ; and, a division being called for, the motion was 
 not agreed to, — Ayes 12, ISToes not counted. * 
 
 The PEESIDEI^^T. The question recurs upon the motion to refer the 
 resolution and amendment to the Committee on the Elective Franchise. 
 
 Mr. MON"TGOMERY. Does the Convention understand that the 
 resolution offered by the gentleman from Drew [Mr. Matthews] is an 
 amendment to the resolution offered by the gentleman from Independence 
 [Mr. Dale] ? 
 
 Mr. MATTHEWS. Yes, sir; mine is not a resolution; it is simply an 
 amendment. 
 
 Mr. KYLE rose to a point of order, viz. : that the question upon the 
 adoption of the amendment must be taken, and the amendment be adopted, 
 before the question upon the reference of the amendment. 
 
 The PRESIDENT, The Chair is of opinion that the point of order is 
 well taken. The question will be upon the adoption of the amendment. 
 
 Mr. MONTGOMERY. For one, I shall be opposed to the amendment 
 instructing the Committee on the Elective Franchise to inquire into the 
 
 ( 239 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Wednesday, 
 
 Disfranchisement— PUNTNBT— BROOKS— McCLUEB— HODGES of Pulaski. 
 
 expediency of enfranchising every citizen of the State; and from the 
 reason given by the gentleman from Phillips [Mr. Brooks], — that the 
 proposition is simply an absurdity. I cannot see the sense of referring to 
 the Committee an absurdity, for the purpose of an inquiry into its ex- 
 pediency. I am opposed to cumbering the tables of the committees with 
 absurdities, in the shape of requests for inquiries into the expediency into 
 this or that preposterous measure. 
 
 Mr. PUi^TNEY. I seriously object to this method of choking doVn 
 the opinions and propositions of members, on any subject. I think all 
 have equal rights, here ; and I think any member has the right to present 
 his views, and ask for an investigation. I can see no propriety in reject- 
 ing the proposed amendment. It is onlj' asked that the Committee shall 
 inquire into the expediency of adopting certain propositions, and shall 
 submit to the Convention their report thereupon. It is not proper, as I 
 conceive, now to discuss the merits of the question at issue. The ques- 
 tion now is, simply upon the question of reference. It does seem to me 
 that that Committee ought to have all the light that can be given them. 
 And I do hope that the members of the Convention will evince a disposi- 
 tion to receive information and suggestion from all sources, and will not 
 attempt to choke down propositions made from any quarter. 
 
 Mr. BROOKS. I think we are consuming time unnecessarily. There 
 can be no necessity of argument on the question of submitting to the 
 Committee any suggestions offered for their consideration. Let the Com- 
 mittee receive and digest these considerations submitted for their action. 
 Let them maturely reflect upon the propositions submitted, and then let 
 their action be reported back to the Convention, for its final action. 
 
 Mr. McCLUEE. We have just got to the point, now, that I saw before. 
 The gentleman from Independence [Mr. Dale] makes his proposition ; 
 and the gentleman from Drew [Mr. Matthews] proposes an amendment 
 , which, if adopted by the Convention, destroys the original proposition. 
 He struck out everything that was in it. For that reason I before pro- 
 posed to reject the amendment of the gentleman from Drew. 
 
 Mr. HODGES, of Pulaski. I have listened attentively, and have heard 
 the resolution, and moved its reference. I do not understand that it in- 
 structs the Committee, at all, — that is, so far as to govern their action. It 
 simply instructs them to inquire into the expediency of doing such and such 
 things. The amendment simply instructs them., in like manner, to inquire 
 into the expediency of doing something else in connection with it, which 
 they should inquire into in any case,— whether the amendment goes to 
 them or not. It is their duty to. inquire into the expediency of " disfran- 
 chising no citizen;" and I think the resolution and amendment indicate 
 the wishes of the gentleman by whom it was offered. We must of course 
 take into consideration the wishes of every gentleman in this body— 
 ( 240 ) 
 
Jan. 22d.] AEKAlyTSAS CONSTITUTIOlSrAL CONVENTIOlSr. [13th Day. 
 Disfranchisement.— HODGES of Pulaski— BROOKS— MONTGOMEKT—GEET. 
 
 sooner or later, we must do that ; and if our own wishes prove not to be 
 in accordance with those of the majority, we must quietly yield to the 
 decision. I can see no possible reason why the resolution and amendment 
 should not be referred. 
 
 Mr. BROOKS. Be it observed, that the amendment does not take the 
 form of authoritative action. We are not proposing to defeat the resolu- 
 tion of the gentleman from Independence [Mr. Dale]. Were that the 
 case,' then the position taken by the gentleman from Arkansas [Mr. Mc- 
 Clxjrb] would be correct. But, really, as the matter now stands before 
 the Convention, it is substantially in the form of a memorial from the 
 gentleman from Independence, and a counter-memorial of the gentleman 
 from Drew [Mr. Matthews]. I concur with the gentleman from Pulaski 
 [Mr. Hodges], that it is perfectly in order to refer both to the appropriate 
 Committee; and furthermore, that in so doing we neither reject the one 
 proposition nor adopt the other. 
 
 Mr. MONTGOMERY. I understand it to have been decided by the 
 Chair that the motion to refer was out of ord^r until after the adoption of 
 the amendment. In that case the position of the gentleman from Arkansas 
 [Mr. McCltjrb] is correct, — that the amendment strikes out all the gist of 
 the original resolution, and leaves the Committee directed merely to in- 
 quire into the expediency of disfranchising no citizen in the State. N'ow, 
 sir, I do not propose to request this Committee to inquire into the expedi- 
 ency of any such thing — to inquire, in other words, into the expediency 
 of opposition to the Reconstruction Laws ; for it seems to me that every 
 gentleman should have come here for the purpose of obeying those laws, 
 and acting in accordance with their requirements. If any gentlemen did 
 not come here with that purpose, they have no business here, since they 
 are not law-abiding citizens. 
 
 Mr. GREY, of Phillips, dissented from the view expressed by Mr. 
 Montgomery, as to the effect of the proposed action upon the amendment. 
 
 The PRESIDEI^T. The gentleman from Independence [Mr. Dale] 
 offered a resolution directing the Committee on the Elective Franchise to 
 inquire into the expediency of disfranchising certain classes of persons. 
 The gentleman from Drew [Mr. Matthews] offered an amendment to 
 that resolution, directing the Committee to inquire into the expediency of 
 disfranchising no one. The Chair was about to put the motion, which 
 was submitted, for the reference of both resolution and amendment. But 
 the gentleman from Dallas [Mr. Ktlb] raised a point of order, which the 
 Chair decided to have been well taken,— that the question arose— imme- 
 diately on the presentation and seconding of the amendment — upon the 
 adoption of the amendment, before the question of reference should beput. 
 
 Mr. HODGES, of Pulaski. If in voting for this amendment we are to 
 give assent to its doctrine, I shall vote against it. But I suppose the in- 
 
 16 ( 241 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Wedaesday, 
 
 Disfranchisement.— SNYDEK—GEEY—BKOOKS. 
 
 tention is, to refer the whole subject to the Committee. Now, if it is proper 
 to refer the one resolution, without adopting its propositions, it must, I 
 take it, be equally proper so to refer the other. 
 
 Mr. SlfYDER. I would inquire of the Chair the precise attitude of the 
 question now before the Convention. 
 
 The PRESIDEISTT. The question is upon the adoption of the amend- 
 ment to the resolution of the gentleman from Independence [Mr. Dale]. 
 !But the resolution of the gentleman from Independence is, simply, to tefer, 
 to the Committee on the Elective Franchise, an inquiry into the expe- 
 diency of certain measures. 
 
 Mr. SNYDER. If I understood the phraseology of the amendment, it 
 proposes to inquire into the expediency of disfranchising no one. If that 
 amendment is adopted, we adopt a difterent proposition from that of the 
 gentleman from Independeoice. 
 
 The PRESIDENT Precisely. 
 
 Mr. SNYDER. Then the duty imposed upon the Committee, is, to de- 
 cide upon the expediency of disfranchising no one. I will ask the Con- 
 vention whether they are prepared, at this time, to inquire into the expe- 
 diency of female and infant suffrage. I did not think that, even with the 
 advanced ideas of the age, we were ready to consider that subject — and I 
 suppose the phraseology implies that much. 
 
 The PRESIDENT. The amendment of fhe gentleman from Dallas [Mr. 
 Kyle], striking out, after " no," the word " one," and inserting, instead 
 thereof, the word " citizen," was accepted. 
 
 Mr. SNYDER. Take it thus, then. The question is, in the present 
 attitude of the laws under which we are acting, and in view of all the 
 facts, who are citizens ? I, for one, have endeavored to be quiet on these 
 subjects, and to say but little about them ; but, as the gentleman from 
 Arkansas [Mr. McClurb] remarked, I am not willing to have it go upon 
 record that I either endorse, or am willing to enter upon the consideration 
 of, a proposition looking to a direct conflict with the provisions of the laws 
 under which we are acting. Neither do I believe that the Committee has 
 the disposition to take into consideration any such proposition. I was 
 therefore in favor of the rejection of the amendment. I still think, too, 
 that the Committee would find it very difficult to define the term " citizen," 
 at present; and even if that word was inserted as an amendment, the 
 phraseology would certainly devolve upon that Committee the duty of de- 
 ciding upon the question of female and infant suffrage in the State— a 
 duty with which I am not disposed to charge them. 
 
 Messrs. GREY, of Phillips, and BROOKS, inquired whether the amend- 
 ment operated as an amendment to the motion to refer 
 
 The PRESIDENT. It does. 
 
 Mr. BROOKS. In that attitude of the matter, I think we should not 
 ( 242 ) 
 
Jan. 22d.] AEKANSAS CONSTITUTIONAL CONVENTION. [13th Day. 
 
 Disfranchisement.— GEJ^EEAL DEBATE. 
 
 vote for its adoption. I understand the idea of the gentleman from Drew 
 [Mr. Matthews] is, to amend the resolution. If it is not, then the subject 
 before us for amendment is the motion to refer, — not this document upon 
 the table. The motion before the Convention, as I understand it, is, to 
 refer. Then there is a motion to amend that motion — not to amend this 
 document, at all. 
 
 The PRESIDENT. The Chair is of opinion that the point of order 
 raised by the gentleman from Phillips [Mr. Brooks], is well taken. The 
 form in which the question was permitted to arise, rendered its attitude 
 before the Convention somewhat anomalous. The Chair has been glad 
 to -listen to the suggestions of members upon the point; and upon the 
 views presented, now overrules its previous decision. 
 
 Mr. MATTHEWS then withdrew his amendment. 
 
 The question was then taken on the motion to refer the resolution, offered 
 by Mr. Dale, to the Committee on the Elective Franchise ; and the motion 
 was agreed to. 
 
 Mr. HATFIELD offered the following resolution : 
 
 Resolved : That the Committee on Elective Franchise be instructed to dis- 
 franchise all men who were engaged in rebellion up to 4th July, 1864. 
 
 Mr. BROOKS moved that the resolution be referred to the Committee 
 on the Elective Franchise. 
 
 Mr. MATTHEWS offered the following, as an amendment to the reso- 
 lution : 
 
 Resolved : That the Committee on Elective Franchise he instructed to in- 
 quire into the expediency of disfranchising no citizen for participation in any 
 past rebellion. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. The motion was 
 made, to refer. 
 
 Mr. MATTHEWS. Was that the case ? 
 
 The PRESIDENT. That was the case. 
 
 Mr. MATTHEWS. Then I withdraw my amendment. 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. HINDS moved to amend the resolution by inserting, after the 
 words " instructed to," the words " inquire into the propriety of," and to 
 strike out the word " disfranchise," and insert, instead thereof, the word 
 " disfranchising." 
 
 The PRESIDENT did not entertain the amendment. 
 
 Mr. BEA8LE Y. Would it be in order to move to lay the resolution 
 upon the table ? If so, I offer that motion. 
 
 ( 243 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Wednesdayi 
 
 Disfranchisement.— GBNEEAL DEBATE. 
 
 The PEESIDENT. The question is upon the reference of the resolu- 
 tion to the Committee on Elective Franchise. 
 
 Mr. CYPERT. I rise to call the attention of some gentlemen to re- 
 marks made, heretofore, upon this floor. I hope there is no gentleman 
 very proscriptive. Some have claimed they were not proscriptive. I hope 
 there are not many men in this Convention, willing to proscribe citizens 
 of the United States. 
 
 Jklr. KYLE. Does the gentleman from Columbia [Mr. Bbaslby] pro- 
 pose to lay on the table the motion to refer, or the resolution ? 
 
 Mr. BEASLEY. I see I was misunderstood. I did not understand, 
 from the fact that the gentleman [Mr. Brooks] spoke in a low tone, that 
 he made a motion to refer the resolution. I did move to table the reso- 
 lution. 
 
 Mr. McCOWK". I move to lay on the table the motion to refer. 
 
 Mr. BROOKS, by consent, withdrew the motion to refer the resolution 
 to the Cqmmittee on the Elective Franchise. 
 
 Mr. BEASLEY. There can, then, I suppose, be no question as to the 
 motion to lay upon the table being in order ? 
 
 Mr. BROOKS. That motion is not debatable. But I do not like to 
 see any proposition of this kind tabled. It should go to the Committee, 
 for their action. 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken on the motion to lay the resolution on the 
 table; and it was decided in the negative,— Yeas 25, IsTays 35, as follows; 
 
 Yeas : Messrs. Beasley, Cypert, Davall, Evans, Gantt, Hicks, Hoge, Hollis. 
 Houghton, Kyle, Mason, Matthews, Merrick, McCown, Owen, Eector, Eey- 
 nolds, Eounsaville, Sarber, Shoppach, Snyder, Yan Hook, "Walker, Wilson and 
 Wright— 25. 
 
 Nays: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Gray of Jeffer- 
 son, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hodges of 
 Crittenden, Hodges of Pulaski, Hutchinson, Langley, Mallory, Misner, Mill- 
 saps, Montgomery, Murphy, McOlure, Oliver, Poole, Portis, Priddy 'Eaw- 
 lings, Sams, Scott, Smith, White, WiUiams, Wyatt, and the President— 35. 
 
 So the Convention refused to lay the resolution upon the table. 
 
 Mr. HATFIELD asked unanimous consent to withdraw his resolution. 
 'Ho objection being made, 
 
 Mr. HATFIELD withdrew the resolution, and offered the following: 
 
 JResolved: That the Committee on Elective Franchise be instructed to in- 
 quire mto the expediency of disfranchising all men who were engaged in 
 rebellion up to 4th of April, 1864. • ' 
 
 ( 244 ) 
 
Jan. 22d.] AEKANSAS COlSrSTITUTIOlSrAL CONVENTION. [13lh Day. 
 Boundary Line of Ouachita and Calhoun Counties — Days of Absence. 
 
 Mr. HODGES, of Pulaski, moved that the resolution be referred to the 
 Committee on the Elective Franchise. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. BEASHEAR offered the following resolution : 
 
 Resolved : That the Committee on Elective Franchise be instructed to inquire 
 into the expediency of disfranchising all men that opposed reconstruction. 
 
 Mr. HODGES, of Pulaski, moved that the resolution be referred to the 
 Committee on the Elective Franchise. 
 
 The question was taken; and the motion was agreed to. 
 
 BOUNDARY LINE 0¥ OUACHITA AND CALHOUN COUNTIES. 
 
 Mr. HOLLIS offered the following resolution : 
 
 Resolved : That the Committee on Boundaries be instructed to report an 
 ordinance to change the line between Ouachita and Calhoun Counties for the 
 distance of about twelve miles, and place it on the range line between 15 and 
 16, which will make the latter County of constitutional dimensions, and better 
 define the boundary. 
 
 Mr. SMITH moved that the resolution be referred to the Committee on 
 Boundaries. 
 
 Mr. HINDS moved to amend the resolution by inserting, after the words 
 "instructed to," the words " inquire into the expediency of," and to strike 
 out the word "report," and insert, instead thereof, the word "reporting." 
 
 Mr. HOLLIS accepted the amendment. 
 
 Mr. WILSOIlT moved to amend by adding the following: 
 
 Resolved, further : That Messrs. Hollis and Portis be added to the Commit- 
 tee on Boundaries. 
 
 Mr. HODGES, of Pulaski, understood the Chair to have decided that 
 the Committees were already full. 
 
 The PEESIDEII^T. Under the rules, no additions will be made to the 
 Committees. 
 
 The question was then taken on the resolution as amended ; and the 
 resolution was adopted. 
 
 DATS OF ABSENCE. 
 
 Mr. HINDS offered the following resolution : 
 
 Resolved : That no member of this Convention shall receive per diem for 
 days of absence (except when absent sick.) 
 
 The question was taken; and the resolution was adopted. 
 
 ( 245 ) 
 
1868.] DEBATES AISTD PEOCBEDINGS OP THE [Thursday, 
 
 ' Leave of Absence. 
 
 LEAVE OF ABSENCE. 
 
 Mr. CYPEET asked leave of absence for Mr. Bradley, who was con- 
 fined to his room by sickness. 
 
 The SECEETAEY stated that Mr. Bradley had appeared on the 
 Journal, throughout his absence, as absent, sick. 
 
 1^0 objection being made. 
 
 Leave of absence, during illness, was granted Mr. Bradley. 
 
 Mr. BROOKS moved that the Convention adjourn. 
 
 The question was taken; and the motion was agreed to; 
 
 And thereupon, at 12.30, p.m., the Convention adjourned to 10, a.m., of 
 Thursday, January 23d. 
 
 FOURTEENTH DAY. 
 
 Thursday, January 2Sd, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names: 
 
 Messrs. Beasley, Belden, Bell, Brashear, Brooks, Ooates, Corbell, Cypert, 
 Duvall, Dale, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 son, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, 
 Hodges of Pulaski, Hoge, Houghton, Hutchinson, Kyle, Langley, Mallory, 
 Mason, Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, 
 McClure, Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawlings, Eector, 
 Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, 
 Snyder, Yan Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the 
 President. 
 
 Sick. — Messrs. Bradley and Johnson. 
 
 A quorum being present : 
 
 The Journal of the preceding day was read and approved. 
 
 The PRESIDENT. The Chair would remark, for the information of 
 gentlemen, that such members as are not present at the calling of the roll, 
 to answer to their names, are marked as absent, and, under the operation 
 of the rule adopted by the Convention, will probably lose their per diem. 
 
 A MEMBER. What may be the effect of that resolution,— whether or 
 not it is to operate ex post facto,—! do not know. Another gentleman and 
 myself were absent, on the morning of the 16th, when the roll was called, 
 { 246 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIOlSrAL CONVBNTIOJSr. [14th Day. 
 Asylum for Deaf Mutes. — Impeachment and Kemoval from Office. 
 
 and afterward came in. I am not aware, and would like to be informed, 
 whether or not the resolution applies to a case of that kind. 
 The PEESIDENT. The resolution was not then adopted. 
 
 ASYLUM FOR DEAF MTJTES — AGAIN. 
 
 The presentation of petitions and memorials being in order, 
 
 Mr. CORBELL laid before the Convention a communication received 
 by him from Mr. Joseph Mount, Principal of the School for the Educa- 
 tion of Deaf Mutes, in the city of Little Rock, relative to State aid for 
 the education of the deaf and dumb; which was read by the Secretaky. 
 
 Mr. CORBELL moved that the communication be referred to the Com- 
 mittee on Education. 
 
 The question was taken; and the motion was agreed to. 
 
 impeachment and removal from office. ■ 
 
 The reports of standing committees being in order. 
 The following Report was presented : 
 
 KEPOKT OP COMMITTEE ON IMPEACHMENT AND EEMOVAL EEOM 
 
 OPPICE. 
 
 Section One. The House of Eepresentatives shall have the sole power of 
 impeachment. 
 
 Section Two. The Senate shall have the sole power to try impeachments. 
 When sitting for that purpose they shall be on oath or afiSrmation to do jus- 
 tice according to law and evidence. When th6 Governor shall be tried, the 
 Chief Justice of the Supreme Court shall preside; and no person shall be con- 
 victed without the concurrence of two-thirds of all the Senators elected ; and 
 for reasonable cause which shall not be sufficient ground for impeachment, the 
 Governor shall, on the joint address of two-thirds of each bran6h of the legis- 
 lature, remove from office the Judges of Supreme and inferior Courts; Provided, 
 the cause or causes of removal be spread on the journals, and the party charged 
 be notified of the same, and heard by himself and counsel before the vote is 
 finally taken and decided. 
 
 Section Three. Judgments in cases of impeachment shall not extend further 
 than to removal from office and to disqualification to hold and enjoy any office 
 of honor, profit, or trust under this State; but the party, convicted shall never- 
 theless be liable to indictment, trial, and punishment, according to law. 
 
 Section Pour. The Governor, and all civil officers of the State, shall be re- 
 moved from office, on impeachment for, and conviction of, treason, bribery, or 
 other high crimes and misdemeanors. 
 
 Section Five. The Secretary of State shall be the clerk of this court. 
 
 By THE Committee. 
 ( 247 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Keport of Committee on Banking, and Corporations other than Civil. 
 
 Mr. HIN'DS moved that the Report be laid upon the table, that one 
 hundred copies be printed for the use of the members of the Convention, 
 and that it be made the special order of the day for Tuesday, January 28th. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. McOOWN', from the Committee on Banking, and Corporations 
 other than Municipal, presented the following Report : 
 
 EEPOET OP COMMITTEE ON BANKING, AND COEPOEATIONS OTHEE 
 
 THAN MUNICIPAL. 
 
 The Committee on Banking, and Corporations other than Municipal, beg 
 leave to present the following report : 
 
 Be it ordained by the people of the State of Arkansas, in Gonverition assembled : 
 
 Section One. Corporations may be formed under general laws, but shall 
 not be created by special act, except for municipal purposes, and in cases where, 
 in the judgment of the Legislature, the object of the corporation cannot be 
 attained under general laws. All general laws and special acts passed pur- 
 suant to this section, may be altered from time to time, or repealed. 
 
 Section Two. Dues from corporations shall be secured by such individual 
 liability of the corporators, and other means, as may be prescribed by law. 
 
 Section Three. The term corporation, as used in this article, shall be con- 
 strued to include all associations and joint stock companies having any of the 
 powers and privileges of corporations, not possessed by individuals, or partner- 
 ships. And all corporations shall have the right to sue, and shall be subject 
 to be sued, in all courts, in like cases as natural persons. 
 
 Section Fouk. The Legislature shall have no power to pass any act grant- 
 ing any special charter for banking purposes ; but corporations or associations 
 may be formed for such purposes under general laws. 
 
 Section Five. The Legislature shall have no power to pass any act sanc- 
 tioning in any manner, directly or indirectly, the suspension of lawful money 
 of the United States of America payments, by any person, association or cor- 
 poration, issuing bank notes of any description. 
 
 Section Six. The Legislature shall provide by law for the registry of all 
 bills or notes issued or put in circulation as money, and shall require ample 
 security, deposited in'the Treasury of the State, for the redemption of the same 
 in the lawful money of the United States of America. 
 
 Section Seven. The stockholders in every corporation and joint stock as. 
 
 sociation for banking purposes, issuing bank notes, or any kind of paper credits, 
 
 to circulate as money, after the adoption of this Constitution by the people, 
 
 shall be individually and collectively responsible for all its debts and liabilities 
 
 ( 248 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Keport on Izard County Election. 
 
 ' of every kind, contracted after the said adoption, by the people, of this Con- 
 stitution. 
 
 S.ECTiON Bight. Id the case of the insolvency of any bank or banking as- 
 sociation, the bill-holders thereof shall be entitled to preference in payment, 
 over all other creditors of such bank or association. 
 
 G. W. McCowN, 
 
 Chairman Committee. 
 
 Mr. HODGES, of Pulaski, moved that the Report be laid upon the 
 table, that one hundred copies be printed for the use of members, and 
 that it be made the special order of the day for "Wednesday, January 29th. 
 
 The question was taken ; and the motion was agreed to. 
 
 IZARD COUNTY ELECTION. 
 
 Mr. SARBER, on behalf of the Committee, presented the following 
 
 EEPOKT OP COMMITTEE ON ELECTIONS, 
 
 On the claim of Mr. L. D. Tonby, to a seat in the Convention as delegate from 
 
 IzAED County. 
 
 To the Constitutional Convention of the State 'of Arkansas : 
 
 Tour Committee on Elections, to whom was referred the application of L. 
 D. ToNEY for a seat in this Convention as a delegate from the County of Izard, 
 have had the same under consideration, and beg leave to report : That it ap- 
 pears from the testimony and papers submitted to the Committee, that one W. 
 W. Adams is the delegate elect to this Convention from said County of Izard ; 
 that, while the said Toney had reasonable grounds for believing that he had 
 been duly elected as delegate for said County, the returns of said County show 
 a different result; and in view of the fact that the said L. D. Toney came here 
 believing that he had been duly elected, and that it was his duty to be here, in 
 the opinion of your Committee he is entitled to mileage in coming to and return- 
 ing from this City. Tour Committee, therefore, beg leave to submit and recom- 
 mend the adoption of the subjoined resolution, and ask to be discharged from 
 the further consideration of the subject. All of which is respectfdly submitted . 
 
 Jno. N. Sarbee, 
 
 Chairman. 
 
 Resolved : First, That W. W. Adams, having been duly elected as delegate 
 to this Convention from the County of Izard, is entitled to a seat in this body, 
 and that, on his taking the oath heretofore prescribed, he be admitted to the 
 same. 
 
 Resolved : Second, That L. D. Toney be, and is hereby, declared to be en- 
 titled to mileage in coming to and returning from the City of Little Eock, and 
 
 ( 249 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Thursday, 
 
 Kep,ort of Committee on Belief for Poor of the State.^BEOOKS. 
 
 that the Secretary of this Convention be, and is hereby, instructed to issue to 
 him the certificate necessary to enable him to collect the same. 
 
 Mr. SAEBEE, in presenting the Eeport, asked that the Committee 
 might be discharged from the further consideration of the subject. 
 By consent, the Committee was so discharged. 
 Mr. GAISTTT moved that the Eeport be adopted. 
 The question was taken, and the motion was agreed to. 
 
 RELIEF FOR THE POOR OF THE STATE. 
 
 The reports of select committees being in order, '- 
 
 Mr. BEOOKS, from the Select Committee appointed to devise measures 
 for the relief of the suffering poor of Arkansas, presented the following 
 
 EEPORT OP COMMITTEE ON BELIEF. 
 
 Your Committee have elicited the following facts. In many of the counties 
 large numbers of persons are severely pressed for food, being well-nigh desti- 
 tute of meat. In other counties, where the crop of the last season consisted 
 chiefly of cotton, startling destitution prevails. Gaunt famine stalks abroad ! 
 the people are crying out for bread. They are ready and willing to labor, but 
 employment cannot be obtained. The usual agencies, county courts and public 
 benevolence, seem quite insufficient to meet this crying demand for the neces- 
 saries of life. 
 
 Your Committee have thus far been unable to reach any satisfactory conclu- 
 sion as to the more efficient scheme for meeting this exigency. They there- 
 fore ask that this brief statement of the situation be submitted to the consid- 
 eration of the Convention, in Committee of the Whole. 
 
 Joseph Brooks, 
 
 Chairman. 
 
 Mr. BEOOKS, in presenting the Eeport, said: I would be gratified by 
 the privilege of saying that we have taken pains to elicit, to the utmost 
 extent practicable, information from all parts of the State. The remarks 
 which appear in the Eeport are not applicable to all portions of the State; 
 but the picture presented is perhaps under-drawn as respects some coun- 
 ties. Various suggestions have been submitted, by members of the Con- 
 vention and benevolent citizens who have by request met with the Com- 
 mittee ; but we have been utterly unable to satisfy ourselves in regard to 
 the line of policy to be pursued : and believing that every member of the 
 Convention, and inhabitant of the country, can but feel a lively interest 
 in this subject, we thought it, upoi> consultation, advisable, for the pur- 
 pose of eliciting the greatest possible amount of information, and secur- 
 ( 250 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Public Conveyances — Permanent Location of Freedmen. 
 
 ing the most deliberate and efficient action, that we should ask the Con- 
 vention to consider the subject in Committee of the Whole, in order that, 
 if possible, some satisfactory scheme might be marked out. 
 
 Mr. CYPERT. As one of the Committee, I would state that we have 
 investigated, as the Chairman has stated, as far as we were able ; and have 
 been unable to arrive at any practicable mode of affijrding relief; and that 
 for this reason, as mentioned by the Chairman, we propose to present the 
 subject to the members of the Convention, for general consultation. With 
 a view to that end, I move that the Report lie upon the table until the 
 regular order of business shall be disposed of, then to be taken up. 
 
 The question was taken, on the motion that the Report be laid upon the 
 table till after the regular order of business should be disposed of; and 
 the motion was agreed to. 
 
 PUBLIC CONVETANCBS. 
 
 Motions! resolutions, and notices being in order, 
 Mr. WHITE offered the following resolution : 
 
 Resolved : That, whereas the public carriers and owners of public convey- 
 ances in the State of Arkansas, persistently refuse the ordinary accommodations 
 to citizens of said State, 
 
 Therefore he it resolved : That the public carriers are the public servants, and 
 that a refusal to perform their duties in carrying or transporting all citizens 
 upon the same terms, and subject to the same rules and regulations, is an out- 
 rage upon the citizens of this State : 
 
 And be it resolved : That this body recommend that the Legislature pass an 
 act making such refusal to carry or transport citizens over the public high- 
 ways of travel, subject only to the general rules governing all others on the 
 various routes or modes of carrying, conveying, or transporting passengers, a 
 penal offence. 
 
 Mr. SMITH moved that the resolution be referred to the Committee ou 
 Memorials and Ordinances. 
 
 The question was taken ; and the motion was agreed to. 
 
 PERMANENT LOCATION OE EEEBDMEN. 
 
 Mr. GRET, of Phillips, offered the following resolution : 
 
 Resolved: That the Committee appointed to examine into the condition of 
 the suffering poor of the State, and to report a memorial to Congress asking 
 aid for the same, be instructed to consider a plan by which Government aid 
 may assist in the permanent location of the freedmen, in the counties or dis- 
 
 ( 251 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thnrsday, 
 
 Eeport on Ashley County Election. 
 
 tricts where there are tracts of Government lands subject to entry, under the 
 Homestead laws of Congress, for settlement, and make said lands, and improve- 
 ments made thereon, security for the amount of six months' provisions, advanced 
 to the actual settler thereon, payable to the Government two years after date 
 of receipt. 
 
 Mr. CYPERT. Is the resolution one calling for inquiry into the expe- 
 diency of the proposed action, or is it a direct instruction ? 
 
 The SECRETARY read the resolution, 
 
 Mr. HEsTDS moved that the resolution be referred to the Committee on 
 Memorials and Ordinances. 
 
 The resolution was so referred. 
 
 ASHLEY COUNTT ELECTION — AGAIN. 
 
 Mr. SARBER, from the Committee on Elections, asked leave to present 
 the Report of said Committee on the claims of Messrs. Norman and 
 Moore to seats in the Convention as delegates from Ashley County. 
 
 No objection being made, . 
 
 Mr. SARBER submitted the following 
 
 REPORT OP COMMITTEE ON ELECTIONS, UPON THE ASHLEY COUNTY ELECTION. 
 
 To the Constitutional Convention of the State of Arkansas : 
 
 Your Committee on Elections, to wh9m was referred the cases of Messrs. 
 Norman and Moore, holding certificates of election from the military Com- 
 mander, as delegates from Ashley County, and whose right to their seats in 
 this Convention is contested, beg leave to submit the following Eeport : 
 
 As the right and power of this Convention to investigate the facts involved 
 in the contest in these cases have been questioned, your Committee would say 
 that they entertain no doubt of the power and competency of the Convention 
 to decide as to the qualifications of its own members, and consequently of its 
 power and duty to inquire into the facts connected with their election. 
 
 A certificate of election being merely prima facie evidence of title to a seat, 
 is not conclusive upon the Convention ; but its regularity and validity may be 
 inquired into ; and if, upon examination, fraud, violence, or mistake, have 
 occurred in the election, it may be set aside or disregarded, and the member 
 whose case is thus affected be refused a seat ; or if he has already obtained a 
 seat on this prima facie evidence, it may be contested, and he be rejected. 
 
 This power of inquiring into the regularity of the election and qualifications 
 of their own members is no new doctrine, but is a power necessarily inherent 
 in all such bodies as this Convention. This power is repeatedly exercised by 
 the National Congress, and is necessary to the security and protection of this 
 and all similar bodies. 
 
 Your Committee have had several witnesses sworn before them, whose testi- 
 mony very clearly discloses that not only fraud, but violence, threats, and 
 intimidation, took place at the election for delegates in Ashley County. While 
 ( 252 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [14th Day. 
 Minority Report on Ashley County Election. 
 
 the election was conducted fairly in some precincts, in others manifest fraud, 
 violence, and intimidation, were used toward voters, in which the military sub- 
 ordinates and Deputy Sheriffs seem to have been participants. Colored voters, 
 in some of the precincts, were threatened and intimidated in various ways. 
 Some were threatened that they would be killed and left in the swamps, and 
 others that they would be discharged by their employers, and should not receive 
 the wages due them, if they voted for a Convention ; and others still more 
 purposely deceived, by statements calculated to impose upon them or prevent 
 them from voting. This fear or intimidation was not confined alone to the 
 colored voters, for white men complained that because of threats, and exhibitions 
 of violence, on the part of certain parties, they were "deterred from going to the 
 polls to vote. 
 
 While, therefore, there is no doubt in the minds of your Committee as to the 
 truth of these general facts, and that the election for delegates in Ashley County 
 was conducted in the lawless and reprehensible manner described, yet, in view 
 of the time required, and the expense and difSculty of sending for additional 
 witnesses and papers, they recommend that Messrs. Nokman and Moore be 
 admitted to seats as delegates in this Convention, and the contestant, Mr. Hak- 
 BISON, allowed mileage for his attendance; and beg to be discharged from the 
 further consideration of this subject. 
 
 Yery respectfully, 
 
 John N. Sarber, Chairman. 
 
 James Hinds, 
 
 J. W. Hutchinson, 
 
 S. W. Mallory, 
 
 [I concur in this Eeport except so far as 
 regards the recommendation of allowing 
 mileage to the contestant.] 
 
 EoBERT Hatfield, 
 G. W. Dale. 
 
 [For the testim'ony appended to this Keport, see Appendix.] 
 Mr. GAFTT, from the same Committee, submitted the following 
 
 REPORT OF THE MINORITY OP THE COMMITTEE ON ELECTIONS, ON THE ASHLEY 
 
 COUNTY ELECTION. 
 
 To the Constitutional Convention of the State of Arkansas : 
 
 The undersigned, a minority of the Committee on Elections, to whom was 
 referred the credentials of W. D. Moore and G. W. Norman, as delegates to 
 the Convention from the County of Ashley, beg leave to submit the followin-^ 
 Eeport : 
 
 The Act of Congress of 2d March, 1867, " to provide for the more efficient 
 government of the Eebel States," commonly called the " Eeconstruction Act,'' 
 provides for the formation of " a constitution of government " in said Eebel 
 States, and prescribes the mode in which that shall be done. The Act supple- 
 mentary thereto enacts that before the 1st day of September, 1867, the com- 
 
 ( 253 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Minority Report on Ashley County Election. 
 
 manding General of each district defined by said original Act of 2d March, 1867, 
 shall cause a registration to be made of the male citizens of the United States, 
 twenty-one years of age and upwards, resident in each parish or county in the 
 State or States included in his district, possessing certain qualifications pre- 
 scribed by said Act ; that after the completion of such registration at such times 
 and places as the commanding General shall appoint and direct — 'Of which at 
 least thirty days' previous notice shall be given — an election shall be held for 
 delegates to a convention for the purpose of establishing a constitution and 
 civil government for such State; that if a majority of the votes given on that 
 question shall be for a convention, such convention shall be held as thereinafter 
 provided; that if a majority of the votes given on that question shall be for a 
 convention, the commanding General, within sixty days from the date of elec- 
 tion, shall notify the delegates to assemble in convention at a time and place 
 to be mentioned in the notification ; and said convention, when organized, shall 
 proceed to frame a constitution and civil government, according to the provis- 
 ions of said Act and the Act, to which it is supplementary. 
 
 Brev. Maj. Gen. B. O. 0. Ord, commanding the 4th Military District, desig- 
 nated by said Eeconstruction Act, composed of the States of Arkansas and 
 Mississippi, by General Orders, dated September 26, 1867, announced that the 
 registration of legal voters in said District had been completed, and ordered 
 that an election be held in the States composing said District, commencing on 
 the first Tuesday in N"ovember thereafter. In obedience to said General Orders 
 No. 31, an election was held in said County of Ashley, commencing on Tuesday, 
 the 5th day of November, 1867, and ending on the 11th of said month. A 
 majority of the votes given at said election were cast for the said W. D. Moore 
 and G. "W. Norman for delegates to the Convention, which was duly reported 
 by the Eegistrars appointed for said County. 
 
 Immediately after the election, complaint was made to the commanding 
 General, that frauds and irregularities had occurred in holding said election, 
 evidence of which, in the shape of affidavits, was forwarded to said<^mmand- 
 ing Generarby the President of the Board of Eegistrars for said County. 
 
 By General Orders No. 37, dated December 5, 1867, it was announced, by the 
 General commanding said District, that a majority of the registered voters in 
 the State of Arkansas had voted on the question of convention, and that a 
 majority of all the votes cast were for a convention, and ordered the delegates 
 elected to assemble in the hall of the House of Eepresentatives, in the city of 
 Little Eock, at 11 o'clock, a.m., on Tuesday, January 7, 1868. 
 
 In General Orders No. 48, dated December 21, 1867,' a list of the delegates 
 elected to said Convention was published, from which it appears that the elec- 
 tion in said County of Ashley was invalid, and that a new election had been 
 ordered. 
 
 On the 6th day of January, 1868, the General commanding said District 
 issued the following order: 
 
 "Upon the investigation of the complaint of irregularities in the conduct of the recent 
 election in Ashley County, Arkansas, it appears that said irregularities were confined to Union 
 ( 254) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION [14th Day. 
 
 Minority Report on Ashley County Election. 
 
 Precinct alone | and further, that if all the registered voters in that Precinct were to cast 
 their votes as a unit on either side, the main result of the election in the County would not 
 thereby be changed. The previous declaration in General Orders No. 43, series of 1867, from 
 these Headquarters, invalidating said election, is hereby revoked, and the election in that 
 County is declared valid (Union Precinct thrown out). The delegates elected in that County 
 are hereby announced as Gborgb W. Norman and "W. D. Mooke, and they are notified to 
 attend the Constitutional Convention in Arkansas, at the time and place specified in General 
 Orders No. 37, from these Headquarters, dated December 5th, 1867. An official copy of this 
 order will constitute their certificate of election.'' 
 
 On the 6th January, 1868, Brev. Brig. Gen. C. H. Smith commanding the 
 Sub-District of Arkansas, issued the following special order: 
 
 " Pursuant to telegraphic instructions Veceived from Headquarters 4th Military District, 
 dated Holly Springs, January 6, 1868, the election of Geoeqb W. Norman and W. D. Moorb 
 as delegates to the Constitutional Convention for Ashley County, is hereby declared valid. 
 They will obtain their certificates of election by calling at these Headquarters." 
 
 » 
 
 In compliance with said last recited orders, the said Norman and Moore 
 called at said Sub-District Headquarters, and were furnished with copies of said 
 orders, which they tendered as evidence of their election as delegates from the 
 County of Ashley, and which have been referred to your Committee on Elections. 
 
 No one seems to be contesting the seats of Messrs. Norman and Moore; and 
 it is respectfully submitted that the only duty, in the premises, with which the 
 Committee on Elections is charged, is an inquiry into the regularity of their 
 credentials; that until their right to seats is regularly contested, the manner 
 in which the election was held and the supposed frauds committed, should not 
 be made the subjects of investigation, if, indeed, this Convention possessed the 
 power under the Reconstruction Acts to determine the legality of the election 
 of delegates; in other words, that it is to be presumed that they were duly and 
 legally elected, until that issue is raised in the mode pointed out for contesting 
 their right to seats in this body. 
 
 A mass of testimony has been taken by the Committee, to establish frauds 
 in the matter of said election in said County of Ashley, — that registered voters, 
 both white and colored, had been intimidated by threats of personal violence; 
 and that they through fear had voted contrary to their convictions and wishes. 
 
 It is apparent, from the testimony taken, that all these facts were before the 
 commanding General at the issuance of the order announcing that Messrs. 
 MoORE and Norman had been legally elected delegates to said Convention. 
 The Registrars testify that the evidence of these frauds, intimidations, and 
 threats, were forwarded to the Headquarters of said District, immediately after 
 the election ; and as an evidence that the same was received at said Headquar- 
 ters, the order declaring said election invalid, refers specifically to the frauds 
 said to have been practised at said election. 
 
 The undersigned is of the opinion that under the Reconstruction Act and 
 the Acts supplementary and supplemental thereto, the Commanding General 
 is the judge of the election and qualification of the members of the Conven- 
 tion; that this Convention cannot contravene the order of the General com- 
 manding, by excluding an individual declared by the military authorities to 
 
 ( 255 ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE ^[Thul-sday, 
 
 Ashley County Election.— GENERAL DEBATE. 
 
 have been duly and legally elected, and admitting another whose name does 
 not appear in the published list of delegates ; that this Convention possesses 
 neither the right or power to determine a contest for a seat herein ; that any 
 one returned as a delegate to this Convention, and so announced by the mili- 
 tary oflScer commanding the District, is entitled to his seat; in other words, 
 that the General, commanding determines the ' qualification, as well as the 
 legality, of the election of the delegates, and that his decision is final and con- 
 clusive. The undersigned, entertaining these views of the questions involved, 
 does not conceive it to be necessary to refer at length to the testimony taken, 
 before the Committee. 
 
 Eegarding the credentials of Messrs. Moore and Norman as regular, and that 
 they are entitled to their seats in this botJy as delegates from the County of 
 Ashley, the undersigned begs leave to submit and recommend the adoption of 
 the following resolution : 
 
 Resolved : That "W. D. Moore and G. W. Norman be, and they are hereby, 
 declared entitled to seats in this Convention as delegates from the County of 
 Ashley, and that on taking the oath heretofore prescribed, they be admitted 
 to the same. 
 
 All of which is respectfully submitted. E. S. Gantt. 
 
 Mr. ETTLE moved that both Reports be received and adopted. 
 
 Before the motion was seconded, 
 
 Mr. HODGES, of Pulaski, said : I rise to a privileged question. The 
 Eeports recommend the admission of the gentlemen claiming the seats. 
 I move that the gentlemen come forward and be sworn in. 
 
 Before the motion was seconded, 
 
 Mr. CYPERT said : The Reports come to the same conclusion. The 
 first action in order, I understand to be that upon these Reports. In order 
 to bring the question before the Convention, I move the adoption of the 
 Minority Report. 
 
 Mr. BROOKS moved to amend by striking out all of the Minority Re- 
 port, preceding the resolution, and adopting the resolution. 
 
 Mr. GANTT. The Report of the majority contains a resolution which 
 reaches the same end with that which is affixed to the Report of the mi- 
 nority. It is certainly unparliamentary and irregular to strike out a por- 
 tion of a report, whether that of the majority or minority. The regular 
 method will be, to move to amend the motion by substituting the Majority 
 Report for that of the minority. 
 
 As far as the question of the right to the seats was concerned, I believe 
 the opinion of the Committee was unanimous. There was, however, one 
 question raised; and with reference to putting myself right upon that 
 question, and with reference to that alone, I submitted the Minority Re- 
 port. 
 
 Mr. WILSON. I beg leave to declare my dissent from that last Report, 
 in regard to the commanding General having entire power to decide upon 
 ( 256 ) 
 
■Jan. 23d.J AEKANSAS CONSTITUTIONAL CONVENTIOIS". [14th Day. 
 Ashley County Election.— WILSON— HODGES of Pulaski— KYLE— OYPERT. 
 
 the validity of the election of delegates to this Convention. The Law of 
 Reconstruction has the entire power to decide who is entitled to a seat in 
 this body. No man forbidden by that Law to vote, is entitled to a seat 
 here. If the commanding General knew of the fact that a man was here 
 in violation of that Law, I am satisfied he would regard it as his duty to 
 arrest such a man, and remove him from this body, as a violator of the 
 law. It is as plain as it can be written, that a man must have taken the 
 oath, and have been registered, in order to become a member of the Con- 
 vention ; and otherwise, he cannot become a member without violating the 
 law. These men who present themselves here this morning, being lawyers, 
 know that fact; and in the event of their being able to take the oath of 
 registration, and the oath required of us here, I contend that the question 
 is settled. That is a question which we have a right to determine. 
 
 Mr. HODGES, of Pulaski. I insist upon my question of order. These 
 gentlemen have prima facie evidence of their title to their seats; and I 
 claim that the first thing in order is their admission to their seats. 
 
 The PRESIDENT. Does the gentleman claim that to be their right 
 before the Reports are acted upon ? 
 
 Mr. HODGES, of Pulaski. I do. Any gentleman having his creden-" 
 tials, is entitled to his seat at once, unless some sufficient reason is adduced 
 why it should be withheld. 
 
 The PRESIDENT. Does the gentleman propose to swear them in be- 
 fore acting upon the Reports submitted from the Committee ? 
 
 Mr. HODGES, of Pulaski. I do. Then, I propose to have both Reports 
 printed, and to take action upon them at a future day. 
 
 Mr. ETYLE. That course seems to me a very peculiar one. The first 
 question, I take it, is upon the adoption of the Reports. The majority 
 and minority have reached the same conclusion as to the legality of the 
 election of these delegates. Different matters connected with the elec- 
 tion are recited, — some of these facts arguing informality, and some argu- 
 ing intimidation. But all the members of the Committee arrive at the 
 same conclusion, namely, that these parties are entitled to their seats. 
 I insist upon my motion — I do not know whether or not it was seconded 
 — that the Reports be received and adopted, and that the claimants, there- 
 fore, be sworn in. 
 
 The PRESIDENT. The Chair heard no second to that motion. 
 
 Mr. CYPERT. "With a view of meeting the views of the gentleman 
 from Pulaski [Mr. Hodges], — as I think our ideas concur in the matter, 
 
 I hope the gentleman will allow me to modify his motion, and that he 
 
 will accept, as an amendment, the proposition that we adopt the resolution 
 appended to the Minority Report, admit the claimants to their seats, and 
 make the Reports a special order for some other day. 
 
 Mr. HINDS. On the part of the Committee which had this matter in 
 
 17 ( 257 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Thursday, 
 
 Ashley County Election.— HINDS— CTPEET— HODGES of Pulaski. 
 
 charge, I will say, that the evidence was pretty thoroxighly examined. 
 There is a Minority Eeport, presented by one member of the Committee, 
 The Majority Report is concurred in by the remainder of the Committee. 
 It sets forth certain facts, and arrives at a certain conclusion. So far as I, 
 as a member of the Committee, am concerned, I desire that the Conven- 
 tion shall act upon the Majority Report, and adopt it as the Majority Re- 
 port. It is true that the same point is arrived at by the Minority and 
 Majority Report. In adopting either, we admit the right of the parties to 
 their seats. But still, there are objections to allowing them their seats by 
 virtue of an acquiescence of the Convention in the Minority Report. "We 
 desire that the Report of the majority should be adopted as the action of 
 the Convention, and that these parties should be admitted to their seats by 
 virtue of the adoption of that Report. 
 
 If a substitute will be in order, I move, as a substitute for the motion 
 before the Convention, that the Majority Report be adopted, and that 
 these parties be admitted to their seats by virtue of the adoption of that 
 Report. 
 
 If this be not in order at the present time, I shall certainly vote against 
 •the other proposition. The adoption of the Majority Report is necessary 
 in order to show fully the condition of the matter before the Conven- 
 tion. 
 
 The PRESIDENT. The only two motions seconded, so far as the Chair 
 heard, were, the motion of the gentleman from White [Mr. Cypbet], and 
 the amendment thereto, of the gentleman from Phillips [Mr. Brooks]. 
 
 Mr. HIISTDS. I offer, then, as a substitute, a motion that the Majority 
 Report of the Committee be adopted by the Convention. 
 
 Mr. CYPERT. I rise to a point of order. My understanding is, that 
 on the submission of a minority report it takes precedence. The motion 
 now offered would be exactly the converse of that, and would consequently 
 amount to the same thing. The Minority Report claims precedence of 
 action over that .of the majority; the Minority Report being in the nature 
 of an amendment. 
 
 Mr. HODGES, of Pulaski. That is my understanding; aUd the sup- 
 position that there might perhaps be a long discussion upou the subject, 
 was my reason for having the delegates admitted at once, as I believe they 
 are entitled to be; and then, even if the question is passed upon now, it 
 can be taken up again in a day or two. But for the sake of having the 
 matter fully understood, I am in favor of having the Report printed. 
 
 The, PRESIDENT. The Chair has some hesitation in passing upon the 
 points of order which have been raised. Suppose both Reports should be 
 rejected? The Chair does not understand it to be conclusive, that be- 
 cause the Committee has agreed upon a conclusion, the Convention will 
 necessarily adopt the same conclusion. If both Reports should be rejected 
 ( 258 ) 
 
Jan. 28d.] ARKANSAS COISTSTITUTIONAL CONVENTION. [14th Day. 
 Ashley County Election.— HODGES of Pulaski— HINDS— McCLUEE—BEOOKS. 
 
 — the Chair offers the suggestion for the consideration of memhers whose 
 opinions may enlighten him, — what would be the effect upon the claims 
 of the gentlemen maldng application for seats ? 
 
 Mr. HODGrES, of Pulaski. It is my understanding that there is no 
 longer a contestant, and that the evidence which these gentlemen hold in 
 their hand, is sufficient to entitle them to their seats, in the absence of 
 the contestant. 
 
 The PRESIDEJSTT. Has the contestant withdrawn his claim ? 
 
 A MEMBER [in his seat.'] There is no report upon that question. 
 
 Mr. HINDS. There is no question before the Convention, now, as to 
 the admission of the gentlemen claiming seats; but it is very necessary 
 that the Convention take action, here and now, as to which report they 
 will adopt. I am opposed to allowing these parties to come in otherwise 
 than upon the Report of the Committee. One or the other report should 
 be adopted as the action of the Convention ; and for that reason move a 
 substitute. The gentleman from White [Mr. Cypert] moves that the 
 Minority Report be adopted. 
 
 The PRESIDENT. An amendment is ottered, — to strike out the Mi- 
 nority Report proper, and adopt only the appended resolution. 
 
 Mr. HINDS. My motion, then, is, to substitute the Majority Report of 
 the Committee. 
 
 Mr. HODGES, of Pulaski, proposed that the Convention reject the mo- 
 tion for the adoption of the Minority Report, and then adopt that of the 
 majority. 
 
 The PRESIDENT. The question will be upon the substitute, adopting 
 the Majority, instead of the Minority Report. 
 
 Mr. McCLURE suggested that the adoption of the Minority Report, or 
 even the appended resolution, would preclude the consideration of the 
 Report of the majority of the Committee; since the claimants wouldthus 
 be admitted to their seats. The adoption of the resolution would admit 
 them without taking into consideration the reasons given by either party. 
 
 Mr. WILSON. If in order, I would move an amendment. 
 
 The PRESIDENT. No further amendments are now in order. 
 
 After some further discussion on the parliamentary attitude of the 
 
 question, 
 
 Mr. BROOKS stated that he entertained nonobjection to the resolution 
 submitted by the minority of the Committee, and the substance of the 
 resolution should, in his opinion, be adopted, from whatever quarter 
 coming. But the argument of the Majority Report he desired to have 
 submitted for the judgment of the Convention. The argument by which 
 the Minority Report reached its conclusion, he considered entirely falla- 
 cious. His object in moving the amendment, striking out all of the Mi- 
 nority Report except the resolution, and leaving the question upon the 
 
 ( 259 ) 
 
1868.] ' DEBATES AND PEOCBEDINGS OF THE [Thursday, 
 
 Qualification of Messrs. Norman and Moore — Penitentiary. 
 
 adoption of the resolution, had been to get rid of the argument of the 
 minority, while adopting its conclusions. 
 
 As objections had been made to this course, however, be asked permis- 
 sion to withdraw the amendment. 
 
 No objection being made, 
 
 Mr. BROOKS withdrew the amendment. 
 
 Mr. "WILSON moved to amend by laying both Reports upon the table, 
 and inviting the claimants to take the oath and occupy their seats. 
 
 Mr. HODGtES, of Pulaski, asked for a division of the question. 
 
 Mr. MALLOEY. It is evident, from the Report of the majority, that the 
 point aimed at by the majority of the Committee is, a public reprimand — 
 
 Mr. BROOKS. I rise to a point of order. The motion is not debatable. 
 
 The PRESrDEKT. The point of order is well taken. 
 
 Mr. MONTGOMERY moved to amend, by adding to the motion of the 
 gentleman from Union- [Mr. Wilson], that the consideration of the two 
 Reports be made the special order of the day for the morrow, Friday, 
 January 24th. 
 
 Mr. WILSON accepted the amendment. 
 
 Mr. HODGtES, of Pulaski, withdrew the call for a division of the ques- 
 tion. 
 
 The question was then taken on the motion, as amended, viz. : that both 
 Reports be laid upon the table ; that the claimants [Messrs. Norman and 
 Moore] of seats in the Convention, as delegates from Ashley County, be 
 admitted to take the oath of office and occupy their seats ; and that the 
 consideration of the two Reports be made the special order of the day for 
 Friday, January 24th ; and the motion was agreed to. 
 
 . QUALIFICATION OF MESSRS. NORMAN AND MOORE. 
 
 Messrs. George W. Norman and W. D. Moore, delegates from Ashley 
 County, then appeared in their seats, and the oath of office was duly ad- 
 ministered to them by the President. 
 
 penitentiary. 
 
 Mr. HOLLIS asked permission to introduce a resolution. 
 
 No objection being made, 
 
 Mr. HOLLIS offisred the following resolution : 
 
 Whereas, It has been represented that a contract for the lease of the Peni- 
 
 tentiary House of the State of Arkansas for a long term of years, to wit : for 
 
 the term of fifteen years, was recently pretended to be made by and from an 
 
 illegal body of men, styling themselves the General Assembly of the State of 
 
 ( 260 ) 
 
Jan. 23d.] AEKAIS'SAS CONSTITUTIONAL CONYBNTION. [14th Day. 
 Penitentiary.— HODGES of Pulaski. 
 
 Arkansas, to and with divers persons; said to be then opposed to the recon- 
 struction measures of Congress, and hostile in feeling and sentiment to the 
 Federal Government, which said pretended lease is said to have been accompa- 
 nied with a loan of forty or fifty thousand dollars, taken, under some pretext, 
 from the Public Treasury, and with a grant of other and further extraordinary 
 and unheard-of privileges, immunities, and franchises: 
 
 And whereas, It is asserted by released prisoners and others that these pre- 
 tended lessees, or some of them, being in possession of said Penitentiary 
 Building as aforesaid, are accustomed to use, in the infliction of corporal pun- 
 ishment, especially upon colored convicts, an instrument of torture said to be 
 found only on a few plantations in the darkest days of slavery : 
 
 Therefore, be it resolved : That a Committee of nine, two of whom shall be 
 colored delegates, be appointed, whose duty it shall be to collect facts and 
 proof, and to procure papers and persons, to be brought before the Committee 
 on the Penitentiary, which Committee shall at once proceed to hear, investi- 
 gate, and reduce to writing, the whole testimony in the case, and make their 
 report for the further action of this Convention, which said j-eport shall show 
 how said Penitentiary was leased, by whom or to whom; in. whose possession 
 the same is, and how they came by it; and all other matters touching its man- 
 agement, the treatment of prisoners, &c. — which said report shall be accom- 
 panied by the testimony so reduced to writing. 
 
 Mr. MONTGOMERY moved that the resolution be referred to the 
 Committee on the Penitentiary. 
 
 Mr. HODGES, of Pulaski. I might, perhaps, be silent ; but would 
 like at this time to say a word or two; and it may do no harm I have 
 frequently heard of legislative bombshells, and Tsuppose we have one now. 
 [Laughter.] It may be that the resolution is intended as a personal mat- 
 ter to me. I can say, to start out, that, the investigation being called for, 
 if by persons duly qualified, and understanding, practically, questions of 
 this kind, there exists not the slightest objection, on my part, to the inves- 
 tigation. If there are persons whose business it is to attend to these mat- 
 ters, and if they have failed to do their duty, the fact ought certainly to be 
 made known. 
 
 The " unconstitutionality " of the Act, or of the body enacting it, I do 
 not wish to say anything about. That matter, I suppose, can be tested, 
 when it is desirable. I desire, however, with the permission of the Con- 
 vention, to read, from the Act before me, being Chapter 27 of the Statutes 
 of 1866-7, " To provide for the erection of additional buildings upon the 
 Penitentiary grounds, and for other purposes," 
 
 " Section Four. Be it further enacted, That the auditor, treasurer, and secretary 
 of state are hereby authorized to appoint one competent inspector of the work 
 done under the contract provided for by this act." 
 
 The appointment so provided for, was duly made. But as the point of 
 
 ( 261 ) 
 
1868.] DEBATES AND PEOCBBDHSTGS OP THE [Thursday, 
 
 Penitentiary.— HODGES of Pulaski. 
 
 the proposed inquiry has more particular reference to another section, I 
 will read that : 
 
 " Section Five. Be it further enacted, That said inspector shall be ex-officio 
 supervisor of convicts of the penitentiary, and shall make quarterly reports 
 to the Governor, of the health, treatmeiit, and conduct of the convicts, and shall 
 receive for his services, five hundred dollars per annum, to be paid quarterly, 
 as other officers, and for cause shall be subject to removal." 
 
 That appointment was made by the proper otScers; and the appointee 
 is a gentleman very well known to the honorable members of this Con- 
 vention, — Col. B. F. Danley. He has from time to time visited the Insti- 
 tution ; he has certainly drawn his salary ; he has made his reports as 
 directed by the law; and it has been his duty to inform me, if anything 
 was out of order, and to report the facts to the proper authority, the Gov- 
 ernor. If anything of the kind has been reported, I want to know it. 
 The shaft may be aimed at myself, but it flies off from me, and strikes 
 directly at the Inspector. Gentlemen had better ascertain whether the 
 agents appointed to stand between the contractors and the State, and to 
 see that justice is done to all parties, have done their duty. Under the 
 circumstances these are the proper inquiries to make. If such things 
 have taken place as are alleged, the facts should be made known. My 
 attention has never been called to them; and if such things have ever oc- 
 curred, they should at once have been reported to the Governor. 
 
 But the law still further provides: 
 
 "Section Six. Be it further enacted, That there shall be, and the auditor, 
 treasurer, and secretary of state are hereby authorized to appoint, an attend- 
 ant physician for said penitentiary, who shall make quarterly reports to the 
 Governor, of the penitentiary, cleanliness of cells or apartments, health of 
 convicts, treatment received in health and sickness." 
 
 Here is another officer whose duty it is to have a similar supervision. 
 That officer, unless detained by sickness, visits the Institution every day, 
 and goes through it at will. So may the Inspector, whenever he chooses. 
 They have access at will to every employee and every appointee, and to every 
 convict, of the penitentiary. If these gentlemen have not done their duty, 
 the matter certainly calls for inquiry. The physician receives a salary of 
 one thousand dollars per year. But I rise to say that I believe they have 
 done their duty; and have properly examined into all these matters. I 
 believe them, though differing from me politically, to be gentlemen of 
 honor, character, and capability, and better able to judge of these matters 
 than men who stand outside and bark, like little dogs. 
 
 I do not mean to say that I have Christians confined in that Peniten- 
 ( 262 ) 
 
Jan. 23cl.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [14th Day. 
 Penitentiary.— HODGES of Pulaski. 
 
 tiary. If they were such they should be at large, and enjoy the same 
 privileges as we do. I have the lowest men in the land to deal with. I 
 have to control them, or they will control me. Different men are con- 
 trolled in different ways. Some may be governed by kindness. Some 
 require severe discipline. There must be a code of discipline for such. 
 The code of discipline adopted in different States, varies. I have been in 
 doubt as to whether we have any act, in Arkansas, upon the subject. It 
 has been the opinion of some, that a law passed by a former Legislature 
 was a valid one, and is now in force. Some have said that we have no 
 statute, at present, upon the subject, and must act upon our own best 
 judgment until another Legislature shall pass a law making rules by which 
 we may be governed. Thus far, we have been in the hands of two In- 
 spectors. If they have not done their duty, it is for the Convention to 
 inquire into it. 
 
 So far as regards receiving money from the State, I cannot get a single 
 dollar from the State, except upon the Inspector's certificate. It his duty 
 to see that we do not get a dollar that does not belong to us. It is our 
 privilege to get every dollar that belongs to us. If gentlemen make these 
 charges against these officers, let them do so; I will not be a party to it. 
 
 Many gentlemen think that because the Penitentiary is a "big thing" 
 in itself, all that the contractor has to do is, to squeeze a little, and gold, 
 silver, and greenbacks will run out. There is a gentleman on this floor, 
 who was in the Legislature of Arkansas, last winter. He is an honorable 
 man, and I believe will say now, as he said then, that the measure was 
 the best, relating to this subject, ever presented to the people of the State. 
 The principle of the law is, to make the Institution self-sustaining. We 
 received it with nothing but the walls, and the bodies of the men. We 
 have had to purchase everything, from spoons up. We had not a single 
 mechanic in the Institution. We received it in every respect as it were in 
 an embryo state. Two months elapsed during the consideration of the 
 measure by which the contract was given to us; and the honorable gen- 
 tleman to whom I have referred said that this plan proposed was the only 
 feasible one before the Legislature. Men came from the southern and 
 the northern portions of the State, and from every quarter, to examine 
 into the matter and see what could be done. The proposition upon which 
 we received it was printed and before the public, and the whole matter 
 thoroughly canvassed ; and nothing better was offered. The Committee 
 of both Houses, by a large majority, reported that the proposed plan was 
 the best possible one for the interests of the State. I repeat, that the 
 principle of this Act is, to make the Penitentiary self-sustaining. T have 
 the Reports, on this subject, from twenty-one of the JSTorthern States; 
 which show the condition of penitentiary affairs in those States respec- 
 tively, and afford a ground of comparison between the practical working 
 
 ( 263 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Penitentiary.— HODGES of Pulaski. 
 
 of the system here and elsewhere. There are gentlemen on this floor, 
 who will sustain me in the statements I now make. There is not a single 
 penitentiary, in all these twenty-one States, that is self-sustaining. Some 
 of them have been in operation for twenty-one years, and are in the best 
 working condition. I recollect the statistics on this subject in some of 
 these States. The Penitentiary of New York, for example, last year, was 
 $125,000 short of self-sustaining. That of Pennsylvania about $60,000. 
 That of Ohio, about $18,000. That of Michigan $67,000 short. And so 
 of them all; not one of them is self-sustaining; while the system adopted 
 in this State will make her Penitentiary self-sustaining, and something 
 more. 
 
 By the permission of the Convention, I will read briefly from the Re- 
 port on the Penitentiary of Ohio. From another report 1 could still 
 better illustrate my statements ; but it is not at hand at this moment. 
 
 " Whether the Penitentiary can be made to support itself, is' a problem which 
 has often been discussed. It is very clear that the receipts and expenses will 
 not equal each other until the contract price for convict labor is increased. 
 That cannot be done to any great extent before the present contracts expire. 
 Whether the Institution can be made self-sustaining when that time arrives, 
 we consider very questionable. The Directors and OflScers are necessarily re- 
 strained, in making their contracts, and transacting their business, by legisla- 
 tive provisions, and deprived of the exercise of any considerable discretion. 
 Their purchases are all made in pursuance of statutory directions, and are 
 principally confined to a single locality. They cannot have buyers in different 
 markets. They cannot avail themselves of fortunate opportunities. They 
 cannot anticipate a scarcity, or make temporary arrangements until there is a 
 full market, as those do who have the charge of private enterprises of equal 
 magnitude. This is not only the fact in regard to the Penitentiary, but it is 
 the case with all institutions which are managed directly by the State; audit 
 always will be, until public officers can be trusted to the same extent as private 
 agents. In addition to this it should be borne in mind, that ordinary laborers 
 generally require only a superintendent; convicts require a large number of 
 guards and other officers, and complicated and expensive arrangements to keep 
 and control them, irrespective of any labor they may perform. In answer to 
 the Eesolution of the Legislature on the subject, we can only make these sug- 
 gestions, and leave the problem where we found it, unsettled." 
 
 That is an extract from the Report of the "Warden of the • Ohio Peni- 
 tentiary, submitted in compliance with a resolution calling for his opinion 
 upon these subjects. 
 
 I have already said more than I intended ; and I will ask pardon for 
 trespassing so long upon your valuable time. 
 
 The question was taken on the motion to refer the resolution to the 
 Committee on the Penitentiary; and the motion was agreed to. 
 { 264 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day, 
 
 Disfranchisement.— SCOTT. 
 
 Mr, BKOOKS moved that Messrs. White and Mason be a^ded to the 
 Committee on the Penitentiary, 
 
 Mr. ETTLE. I thought the committees were full. I heard it so stated 
 from the Chair, and that no additions could be made. 
 
 Mr. BROOKS. This is a special, not a standing, committee. 
 
 Mr. KYLE. I did all in my power to catch the eye of the Speaker and 
 obtain the floor, before the vote was taken, upon this question. As to 
 the merits of the question, I profess to know but little ; but as the resolu- 
 tion proposes to raise a select committee, to look into this subject, and thus 
 to provide for an investigation, I cannot see the propriety of its reference 
 to a standing committee. 
 
 The PRESIDEN'T. The gentleman from Dallas [Mr. Kyle] is in error. 
 
 Mr. KYLE. I think there was a standing committee appointed, on the 
 Penitentiary, 
 
 Mr. BEOOKS. We have voted to refer the resolution to the Committee 
 on the Penitentiary. That, of course, is equivalent to an adoption of the 
 instructions. Without any specific, authoritative instructions, it has the 
 moral force of instruction. Then, as the Committee on the Penitentiary 
 is a select committee, raised for the express purpose of inquiring into the 
 subject of the Penitentiary, and is directed to report to this body, of course 
 it is appropriate to make the reference, instead of raising an additional 
 select committee, to make an investigation and report to a select committee. 
 I made the motion to add these colored members to the Committee, only 
 with a view to meet the views of the gentleman submitting the resolution. 
 If there is anything demanding our attention, and for which any corrective 
 appliance may be needed, we of course intend to take such action as may 
 be called for. Let the Committee, as augmented in number by the mo- 
 tion just agreed to, take the question, with all the information at their 
 command, sift it to the bottom, and, if they have anything worthy of our 
 attention, report it to the Convention. 
 
 The question was taken, on the motion to add, to the Committee on the 
 Penitentiary, Messrs. White and Mason; and the motion was agreed to. 
 
 DISFEANdHISBMENT — AGAIN. 
 
 Mr, SCOTT ofltered the following resolution : 
 
 Resolved-: That the Committee on Franchise be instructed to inquire into the 
 propriety of disfranchising all persons who have taken an oath known as the 
 "Iron-clad" oath for the purpose of accepting oflSce, and who have, or may 
 hereafter, oppose reconstruction, 
 
 ( 265 ) 
 
1868.] DEBATES AND PEOCEBDHSTGS OP THE [Thursday, 
 
 Stay of Execution — Disfranchisement. 
 
 Mr. BROOKS moved that the resolution be referred to the Committee 
 on the Elective Franchise. 
 
 The question was taken ; and the motion was agreed to. 
 
 STAT OF EXECUTION. 
 
 Mr. MON'TGOMEEY offered the following Ordinance, which was read 
 a first time : 
 
 AN ORDINANCE PROHIBITING JUDICIAL PROCEEDINGS IN CERTAIN CASES, AND 
 
 FOR OTHER PURPOSES. 
 
 Be it ordained by the people of the State of Arkansas, in Convention assembled : 
 That no suit shall be brought upon any verbal or written contract maturing 
 before the first day of June in the year of our Lord one thousand eight hun- 
 dred and sixty-five, and that no executions shall be issued upon any judgment 
 heretofore recovered on any such demands of any nature, name, or description; 
 and that all executions heretofore issued on any such judgments and not re- 
 turned or otherwise disposed of, shall be returned, by the ofiicer to whom the 
 same are directed, endorsed, " Eeturned by operation of law," and the ratifica- 
 tion of this Ordinance relate back to the date of its passage by this Convention. 
 Provided, that the parties purchasing may have the option of rescinding sales 
 of real estate made up to June 1st, 1865, or of submitting to enforcement of 
 payment of purchase-money by law, 
 
 Mr. HD^DS moved that the Ordinance be referred to the Committee 
 on Memorials and Ordinances. 
 
 Mr. MOISTTGOMEEY moved, as a substitute, that the Ordinance be re- 
 ferred to the Committee on the Judiciary. \ 
 / 
 
 The question was taken on the adoption of the substitute ; and the sub- 
 stitute was adopted. 
 
 DISFRANCHISEMENT — AGAIN. 
 
 Mr. BELL offered the following resolution : 
 
 Resolved: That the Committee on Elective Franchise are requested to take 
 into consideration the propriety of disfranchising no citizen who aided in re- 
 construction. 
 
 Mr. BROOKS moved that the resolution be referred to the Committee 
 on the Elective Franchise. 
 
 The question was taken ; and the motion was agreed to. 
 ( 266 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Adjournment — Pay of Members and Officers. 
 
 ADJOURNMENT. 
 
 Mr. BEOOKS moved that wheii the Convention should adjourn, it 
 adjourn to meet at two o'clock, p.m. 
 
 Mr. MONTGOMERY. I rise to a point of order. Under our rules we 
 cannot adjourn to two o'clock. We can take a recess till that hour. 
 
 Mr. BROOKS. I move you, then, sir, that the Convention take a recess 
 to two o'clock, this afternoon. 
 
 I would state to the Convention, that the object M'hich I have in view 
 is, to procure a consideration, if possible, in Committee of the "Whole, of 
 the subject of relief to the suffering poor of the State. It seems impossible 
 to reach the subject in the morning session. If we take a recess until 
 two, and then reassemble, we may reach that question this afternoon. 
 
 The PRESIDENT. The Convention will be able to finish the regular 
 order of proceedings, in a few minutes. 
 
 Mr. BROOKS. For that purpose, I withdraw my motion. 
 
 PAY OF MEMBERS AND OFFICERS — ASAIN. 
 
 Mr. BELL, in accordance with previous notice, moved to reconsider the 
 vote by which the Ordinance establishing the Per Diem of Members and 
 Officers of this Convention was passed. 
 
 Mr. MONTGOMERY moved that the motion for reconsideration be 
 laid upon the table. 
 
 Mr. GANTT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the negative, — Yeas, 11, 
 Nays 53, as follows : 
 
 Yeas: Messrs. Belden, Harrison, Montgomery, Eawlings, Eector, Eounsa- 
 ville, Saras, Samuels, Scott, White, and Williams— 11. 
 
 Nats: Messrs. Beasley, Bell, Brashear, Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Bxon, Gantt, Gray of Jefferson, Grey of Phillips, Hatfield, 
 Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of 
 Pulaski, Hoge, Houghton, Hutchinson, Kyle, Mallory, Mason, Matthews, Mer- 
 rick, Misner, Millsaps, Murphy, McCown, MeClure, Moore, Norman, Oliver, 
 Owen, Poole, Portia, Priddy, Puntney, Eeynolds, Shoppach, Sims, Smith, 
 Snyder, Van Hook, Walker, Wilson, Wright, and the President— 53. 
 
 So the Convention refused to lay the motion for reconsideration upon 
 the table. 
 
 The question recurring upon the motion to reconsider the vote by which 
 
 (267) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Thursday, 
 
 Pay of Members and Officers.— GENEEAL DEBATE. 
 
 the Ordinance establishing the Per Diem of Members and Officers of this 
 Convention was passed, 
 
 Mr. CYPEET asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 40, N'ays, 26, as follows : 
 
 Teas : Messrs. Beasley, Bell, Brashear, Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Gantt, Gray of Jefferson, Hatfield, Hicks, Hinds, Hinkle, 
 Hodges of Crittenden, Hodges of Pulaski, Hoge, Houghton, Hutchinson, Kyle, 
 Mallory, Mason, Matthews, Millsaps, Misner, McCown, Mo'ore, Norman, Owen, 
 Priddy, Puntney, Eeynolds, Shoppach, Smith, Snyder, Walker, "Wright, and 
 Wyatt— 40. 
 
 Nays : Messrs. Belden, Exon, Grey of Phillips, Harrison, Hawkins, HoUis, 
 Langley, Merrick, Montgomery, Murphy, McClure, Oliver, Poole, Portis, Eawl- 
 ings, Eector, Eounsaville, Sams, Samuels, Scott, Sims, Yan Hook, Wilson, White, 
 Wilhams, and the President — 26. 
 
 So the vote by which the Ordinance was passed, was reconsidered. 
 
 Pending the call of the roll, ^ 
 
 Mr. McCLUEE said : I vote E"o, unless I learn something about what 
 
 I am voting for. If the gentleman [Mr. Bell] gives any reason for the 
 
 reconsideration, I will change my vote. 
 
 Mr. SNYDEE having declined to vote, 
 
 Mr. MOFTOOMEEY (before the vote was announced) said : I think 
 it necessary that every gentleman in the Convention should vote, unless 
 excused. I believe the rules require every member to vote. 
 
 The PEE8IDENT. Under the rules, every gentleman within the bar of ■ 
 the Convention must vote. 
 
 Mr. SJSnrDEE. I declined to vote ; but submit to the sense of the Con- 
 vention. 
 
 Mr. BEOOKS. I suggest that if, when the roll is called, gentlemen do 
 not desire to vote, it is an easy matter for them to retire without the bar. 
 That relieves them from the necessity of voting ; but if they remain within 
 the bar, they must vote, unless excused by the Convention 
 
 The PEESIDENT. The rule is imperative. 
 
 Mr. SNTDEE. That is what I supposed. And I suppose, also, that gen- 
 tlemen having objection to my not voting, should object. I vote Aye. 
 
 The vote was then announced, as above. 
 
 Mr. BEOOKS moved that the Ordinance be recommitted to the Com- 
 mittee on Finance, Taxation, Public Debt, and Expenditures. 
 
 Mr. HICKS moved, as an amendment, that the Committee report to 
 ( 268 ) 
 
Jan. 23d.] ARKANSAS COlSrSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers.— BEOOKS—McGLUEE. 
 
 the Convention the distances which the members, respectively, might 
 travel, in reaching the place of session of the Convention. 
 
 Mr. BROOKS. I submit that the motion is not subject to any amend- 
 ment, except it be in the form of a specific instruction. It is a very extra- 
 ordinary motion, to move to refer that kind of work to the Committee. 
 
 The PRESIDENT, The question will be upon the motion to refer to 
 the Committee. 
 
 Mr. McCLURE. "What will become of that class of cases in which the 
 pay and mileage have already been certified under this Ordinance ? 
 
 The PRESIDENT. The Chair would state, that certificates have been 
 issued under the Ordinance. 
 
 Mr. BROOKS. G-entlemen who have been in hot haste upon that sub- 
 ject, will have to take the consequences. The notice of reconsideration 
 was given, according to rule, on the day following the passage of the 
 Ordinance. "We know not that there will be any change ; but if any 
 change should occur, of course the Convention will not be responsible in 
 such cases. I suppose that any irregularities of that kind will be very 
 easily adjusted. Of course, if there should be a reduction, honorable 
 members who have had certificates passed will return the certificates to 
 the Auditor of the State, and have them adjusted in accordance with the 
 final order of the Convention — I am sure they will. 
 
 The PRESIDENT. The Chair will remark, that it was necessary to make 
 a test case of this matter of per diem. A certificate was issued in order 
 to test the question as to whether the proper ofiicers would duly recognize 
 the action of the Convention. 
 
 Mr. McCLURE. This Ordinance, I believe, was passed yesterday. 
 
 The PRESIDENT. Day before yesterday. 
 
 Mr. McCLURE. It is sufficient to say, that it has passed. Gentlemen 
 are becoming clamorous, here, for money ; and in their clamor have lost 
 sight of one point. This Ordinance was passed two days ago. Gentlemen 
 are claiming pay, and coming to the Finance Committee, wanting to know 
 what to do in order to obtain funds ; and yet no man has taken out a cer- 
 tificate of the amount due him, until this morning. I obtained that cer- 
 tificate, myself, in order to furnish a test case, to ascertain whether the 
 Auditor would issue, upon a certificate presented. It was contemplated, 
 this morning, among our first proceedings, to pass an order, delegating 
 some one of the members of the Convention to wait, in person, upon the 
 General commanding, with a certified copy of the Ordinance providing 
 for the levy of a tax, of that appropriating seventy-five thousand dollars 
 for defraying the expenses of the Convention, and of that fixing the per 
 diem and mileage of members and officers, together with a statement from 
 the Treasurer of the State, showing the amount of money in the Treas- 
 ury, the amount of bonds, belonging to the State, deposited in the City 
 
 ( 269 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Pay of MembeVs and Officers.— McCLURE— BROOKS. 
 
 of "Washington, and the amount, of the sum in the Treasury, appropriated 
 by the last Legislature. With these papers, it was proposed that he should 
 present himself to General Gillem, It was hoped that we should have 
 this delegate at Vicksburg on Monday night, so that on Tuesday we could 
 ascertain what disposition had been made of this money, and whether or 
 not it could be obtained. If the Ordinance is to be recommitted, the Com- 
 mittee may hold it I don't know how long. I do not know in whose 
 interest this Committee are, nor do I charge that they are in anybody's in- 
 terest. But there is a question as to what causes all this delay. It may 
 be the Committee; it may be the ignorance of ourselves ; or it may be still 
 other causes. The Convention, after the report of the Committee shall 
 have been brought back, will take up the whole matter, digest it, and 
 tear it to pieces, as was done day before yesterday. If there were any 
 reason for the reference, — if the Committee were endowed, by their Divine 
 Creator, with more intelligence than the rest of the Convention, — there 
 might be some good reason for sending back the Ordinance to them, for 
 their revision and amendment; but as it is, let us amend it here. We 
 shall not be concluded by the report of the Committee. The object of 
 sovie member, in this Convention, is, a delay; and that at a time when 
 many gentlemen, in the situation in which they find themselves here, are 
 pressed for money, and are being dunned to pay their bills. If it is desired 
 to reduce the pay of certain parties, I have no objection to that. Let the 
 reduction be proposed, and let whatever may be deemed advisable in the 
 premises, be effected by thp action of members, upon the floor. Let us 
 deal with the question just now, and have the delegate in Vicksburg on 
 Monday night. 
 
 Mr. BROOKS. I hoped that the motion would be adopted without any 
 delay. Such a remark as is made in regard to a disposition to delay and 
 embarrass, has no application to those who offered the motion to refer. 
 
 That does not hit here, at all. But a portion of the Convention whether 
 
 a majority, or not, will be determined hereafter — are dissatisfied with 
 the adjustment of compensation made in the Ordinance; and whether I 
 belong to that portion of the Convention, or not, there is, as I have heard, 
 so large a number of members expressing dissatisfaction, that I shall cer- 
 tainly concur in a motion to reconsider, in order that they may have an 
 opportunity to bring forward their objections. I thongjit, myself, that the 
 more expeditious mode would be, for gentlemen who wish a change, to 
 bring their views, and the considerations which induced those views, before 
 the Committee. They may " run" all night, if they choose, and 'let the 
 Committee receive all the light possible, upon this subject, and report back 
 to-morrow morning : but let us act upon the matter. It is true, the report 
 of the Committee will undergo revision, and we may have motions to 
 amend, and many other motions for all I know; but nevertheless, we 
 (270) 
 
Jan. 23d.] AEKANSAS COlSrSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers— Eecess.—McCLUKE— HODGES of Pulaski. 
 
 shall save time by a recommittal. I am not prepared to move any special 
 instructions. I prefer that the Committee take up the question, consult 
 with members, and submit their report on full consideration of the views 
 presented to them. I am sure there are sufficient members to meet with 
 the Committee at any time, if opportunity should be ofl'ered, and lay before 
 it the reasons which have influenced them in moving this reconsideration. 
 We are not prepared, if we take the recess as contemplated, to return at 
 two o'clock, to investigate the whole subject, in debate, upon this floor. I 
 think I should prefer the despatch of a messenger, as contemplated — parr 
 ticularly if we should determine, this afternoon, who the messenger shall 
 be, in order that he may be prepared to leave as soon as the papers, etc., 
 shall be ready. The question can be fully acted upon, to-morrow, in the 
 morning or afternoon session. If we cannot do that, we can then meet in 
 the evening, and sit till midnight, if necessary, and " grind it out." 
 
 RECESS. 
 
 Mr. McCLURE. I now move you, sir, that the Convention take a re- 
 cess till two o'clock, and that this subject be made the special order for 
 the consideration of the Convention at that time. 
 
 Mr. HODGES, of Pulaski. I will ask if that motion carries with it,' 
 over the recess, the motion to refer. If it is an amendment, it does not, 
 as I understand, strike out that portion of the original motion. 
 
 The PRESIDENT. If the Convention shall vote to take a recess until 
 the hour specified, and make the subject now before the Convention a 
 special order for that hour, the effect of that action will be, to kill the 
 motion for reference, now directly before the Convention. It would of 
 course be improper to anticipate any action which the Convention, may 
 take when it shall reassemble. 
 
 The question was then taken on the motion that the Convention take 
 a recess to two o'clock, p.m., and that the consideration of the Ordinance 
 establishing the per diem of members and officers of the Convention be 
 made the special order for that hour; and, a division being called for, the 
 motion was agreed to, — Ayes, 44, E"oes not counted. 
 
 Before the result of the vote was announced, 
 
 Mr. BROOKS said : I should like to have a division of the question. 
 The recess, I am in favor of. 
 
 The PRESIDENT. The call for a division of the question comes too 
 late; as the vote is in progress. 
 
 The result of the vote was'then announced, as above. 
 The Convention thereupon took a recess to 2, p.m. 
 
 ( 271 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Pay of Members and Officers.— McCLUEE—McCOWN—MONTGOMEKT. 
 
 AFTEIlN"OON" SESSION 
 
 At 2, P.M., the Convention was called to order. 
 
 The roll was called; and a quorum of the members of the Convention 
 answered to their names. 
 
 The PRESIDENT stated the special order of the day to be the- con- 
 sideration of the Ordinance to provide for the Per Diem of Members and 
 Officers of this Convention ; which Ordinance (the vote by which it was 
 passed having been reconsidered) was now upon its final passage. 
 
 Mr. McCLURE. I would propose to amend by striking out all in Sec- 
 tion 1, after the words " per day," and inserting, instead thereof, the fol- 
 lowing : 
 
 That for each day necessarily spent in coming to and returning from this 
 Convention, delegates shall receive the per diem now established in lieu of 
 mileage. Provided, that nothing in this Ordinance shall be so construed as to 
 compel delegates who have doubts as to the legality, constitutionality, or just- 
 ness, of the Ordinance, to accept the amount hereby established and declared. 
 
 Mr. McCOWI^ offered the following substitute for the amendment, viz. : 
 that the words "actual travelled route" be stricken out, and that the 
 words " usual travelled route" be inserted instead thereof. 
 
 Mr. MONTGOMERY seconded the adoption of the substitute. 
 
 Mr. McCLURE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. MONTG-OMERY. I cannot conceive why these gentlemen who 
 come up the Arkansas River, and lie on a sand-bank for several days, 
 desire those of us who ride in the stage, to receive ten dollars per day for 
 the actual time consumed in travelling. These gentlemen who travel on 
 steamboats, can, on the basis of actual time consumed, receive pay for 
 forty days' travel, if they happen to have the good luck to stick on a sand- 
 bar. There is no justness or fairness in the proposition. 
 
 Mr. McCLURE. There seem to be a great many gentlemen, here, who 
 consider themselves engaged in campaigning. Now, sir, I propose to put 
 every man on the record. If this talk is Buncombe, let us have Bun- 
 combe—let us have it understood— let it go to the people as Buncombe. 
 
 So far as the proposed amendment is concerned, it in no way alters th^ 
 effect of the Ordinance as it now stands. It.will not make one cent's dif- 
 ference with any man in this Convention, whether we say " actual," or 
 " usual." The insertion of the word " usual" does not affect the class of 
 men whpm it is proposed to hit by this amendment. So, as this is a matter 
 { 272 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers.— McCOWN. 
 
 of economy, and the interest of the people is at stake, I propose to place 
 every man npon the secord, and enable him to show that he voted for a 
 proposition fair, honorable, and just. 
 
 Mr. McCOWN". I had hoped we should have no further trouble with 
 this matter. If economy is the only point to be considered, this mere 
 motion for reconsideration has cost more, almost, than the mileage would 
 have amounted to had the Ordinance been left to stand as it was. As to 
 " the dear people," I suppose I have as much respect and love for them, 
 as the gentleman from Arkansas [Mr. McClxjre]. But I have, as I think, 
 many reasons which I will be able to give myconstituents, if 1 shall so 
 desire, for interference with the Ordinance which was passed by the Con- 
 vention. One of those reasons, is this. It seems that we have a full 
 Treasury. We have enough money to put out at interest. It is lying, 
 dead capital, in the hands of other parties, instead of going out among the 
 people, as it should. We learn from nature, that the rain falls, gathers in 
 rivulets, and goes to the ocean. The clouds gather it back, and it falls 
 upon the wasted fields and fertilizes them again. Now, sir, I have no 
 objection to being a disbursing officer. I have no objection to the gentle- 
 men of this Convention gathering up some of the waters out of this lake, 
 and carrying them back to the people. The constituency whom I represent 
 do not expect me to come here to work for nothing and pay for my own 
 board. Whatever other gentlemen may be willing to do, I certainly am 
 not willing to do that. I am not ashamed, or afraid, to put myself upon 
 the record. I will not hesitate to say that, in matters of this kind, the 
 course of many gentlemen is governed by the fact that they want office 
 again. Sir, the people are not such " terrible " fools as gentlemen think 
 for. They have been appealed to for the last thirty odd years, before the 
 assembling of every Legislature and Congress ; and all these matters have 
 been gone over before them, — of mileage and pay. They know it is the 
 same old song. They know it is all done for political and demagogical pur- 
 poses, and not from any desire to protect them. There are divers persons 
 to be protected here. While we hold paramount the interests of the 
 people, we should hold the interests of our own families in our minds. 
 Some gentlemen live close by the Capital; and others can reach their 
 homes, by steamboat, for two or three dollars; but we "gentlemen from 
 the rural districts," as we have been called — and I am not ashamed of it, 
 
 who have gone through snow and rain and mud, in the most expensive 
 
 (and the meanest) conveyances in the world, ai'e expected to come here, 
 ifend return, for less than will reimburse our actual outlay in travelling. 
 And this, as I said, by gentlemen who travel, at their ease, in a steam- 
 boat and for a nominal price. ISTo rule can be made which will not be 
 hard in particular instances; but we must adopt the Fule which, upon the 
 whole, will occasion the least hardship. For myself, I have no fear of 
 
 18 ( 2Y3 ) 
 
1868.] DEBATES AND PEOCBBDmGS OP THE [Thursday, 
 
 Pay of Members and Officers.— McCOWN— BELL— KYLE. 
 
 putting myself upon the record : I desire to do it, and I want every other 
 man to do the same. I want to protect the interests of the people, and I 
 want to protect myself at the same time. I speak frankly; and so far as 
 that is concerned, the people are not so great fools as not to know that 
 every one of these gentlemen wants to protect himself. 
 
 Suppose we adopt the proposition before the Convention; — what can be 
 said, provided we dispatch the business as we should do ? We can say, 
 and say truthfully, that our Doorkeepers have not kept groceries in our 
 committee-rooms, for the convenience of the members — other legislative 
 bodies here have done it. We are working, and working to the point; 
 and I hold that a good and faithful laborer is worthy of his hire, — more 
 so than a mean one is. 
 
 Mr. BELL. I would remark, that I moved a reconsideration 6f this 
 matter, from the fact that I considered that we were taking too much from 
 our people, — that our per diem and mileage was actually too much ; not too 
 much to defray expenses of gentlemen of this Convention — they prob- 
 ably could use more — but our people are poor — they have been reduced 
 to poverty — they are now toiling, and contending with poverty, at home. 
 It was my opinion at the time, and it is my opinion yet, that it would 
 be well for us to learn to economize a little at the Capital, as well as at 
 home. I am of the opinion that eight dollars per day is sufficient for the 
 members of this Convention to live upon. I am of the opinion that it ia 
 enough for the Secretaries and Chaplain; and I think that the per diem 
 of the whole body, members and officers, might be reduced, say one-fourth. 
 And then, if in order, to economize still further, and yet without doing 
 any gentleman in this house injustice, I would move that we amend the 
 substitute by inserting the most 
 
 The PRESIDENT. The Chair will interrupt the gentleman, to state 
 that the amendment is already in the nature of a substitute. The substi- 
 tute offered by the gentleman yvill be in order when that now before the 
 Convention shall be disposed of. 
 
 Mr. McCOWJSr. By way of answering the argument of the gentleman 
 who. has just spoken [Mr. Bull], I would say this. What the gentleman has 
 said, is true. I appreciate it as much as any man. But whether the Con- 
 vention shall decide our pay to be eight, or ten dollars, or one dollar, per 
 day, does not interfere in the least with the tax that is to be exacted from 
 the people ; for that has already been voted. The only difference is this : 
 if we vote ourselves any of the money raised by the tax, we carry some of 
 it home; if we do not, we leave it in this maelstrom of Little Rock, where,/ 
 if once cast, it is extremely hard to get it out. [Laughter.] 
 
 Mr. KYLE. I cannot see much difference betweeifthe amendment and 
 the original proposition. I presume the object of my friend from Colum- 
 bia [Mr. McCowN] is, that the members shall receive mileage by the most 
 ( 274 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Ofllcers.— KYLE— POOLE— McCLUEE. 
 
 direct route, from their residence to the Capital. The intention is, that 
 a member from Mississippi County, in the northern portion of the State, 
 shall not be permitted to take a steamboat there, travel by way of Memphis 
 and Napoleon, and charge mileage for travel by that route. ]S"ow, it cer- 
 tainly is practicable to carry out that resolution. There may be some 
 mountain ridges, between some counties and the Capital, which it is diffi- 
 cult to pass. But, certainly, there are roads, of one sort or another. The 
 object to be attained seems to be, to get the distance from the actual 
 residence of the member, to this place, on the most practicable route. 
 Hence, I move to amend the amendment by inserting before the word 
 "route," the word "land." 
 
 The PRESIDENT. The Chair would observe that it has already been 
 decided that' there are as many amendments before the Convention as can 
 be entertained at one time. Eurther amendments are not at present in 
 order. 
 
 Mr. POOLE. I am a member from Mississippi County. I came down 
 the Mississippi, it is true; but I did not come to the mouth of the Arkan- 
 sas, at Napoleon. I came to White Eiver, and came up that river. It is 
 the nearest practicable route. I cannot go across the country. I am a 
 very timid young man [Laughter], and the route across the country is a 
 very difficult one, and there are some of Jeff". Thompson's old guerillas 
 there, and that would be reason enough for my going by steamboat, if 
 there were no other. I thought it the safest way of coming; and it was 
 also the only way by which I could come. 
 
 The PRESIDENT stated the question before the Convention to be upon 
 the adoption of the amendment striking out the word " actual," and in- 
 serting, instead thereof, the word " usual." 
 
 Mr. McCLURE stated that he had moved a substitute for the amend- 
 ment. 
 
 The PRESIDENT declared the substitute to be out of order. 
 
 Mr, McCLURE. Then I renew my proposition, as an amendment to the 
 amendment. 
 
 The PRESIDENT decided the amendment to the amendment to be out 
 of order. 
 
 The yeas and nays were asked and ordered. 
 
 The question was then taken upon the amendment striking out the 
 word "actual," and inserting, instead thereof, the word "usual;" and it 
 ■^as decided in the affirmative, — Yeas 50, Nays 17, as follows: 
 
 Yeas : Messrs. Beasley, Belden, Brashear, Brooks, Coates, Cypert, Dale, Du- 
 vall, Evans, BxoB, Gantt, Grey of Phillips, Harrison, Hicks, HoUiS; Hodges of 
 Crittenden, Hoge, Houghton, Hutchinson, Kyle, Langiey, Mason, Matthews, 
 Millsaps, Montgomerj-, McClure, McCown, Moore, Norman, Owen, Poole, Portis, 
 
 ( 275 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Thursday, 
 
 Pay of Members and Officers.— BKOOKS— HINDS. 
 
 Priddy, Puntney, Eawlings, Eeynolds, Eounsaville, Samuels, Sarber, Scott, 
 Shoppach, Sims, Smith, Yan Hook, Walker, White, Williams, Wright, Wyatt, 
 and the President — 50. 
 
 Nays : Messrs. Bell, Gray of Jefferson, Hatfield, Hawkins, Hinds, Hinkle, 
 Hodges of Pulaski, Mallo»y, Merrick, Misner, Murphy, MeClure,. Oliver, Eec- 
 tor, Sams, Snyder, and Wilson — 17. 
 
 So the amendment was agreed to. '■ 
 
 After some inquiry and discussion as to the effect of the adoption of the 
 amendment, 
 
 Mr. HINDS moved to strike out, before the word " spent," the word 
 " necessarily," and to insert, instead thereof, the word " actually ;" and 
 announced his intention to say a few words upon the subject of the amend- 
 ment. 
 
 Mr. BROOKS. I rise to a point of order. And in so doing, I wish it 
 to be understood that I have not the slightest repugnance to the amend- 
 ment; I must, however, be allowed to insist that we proceed in accord- 
 ance with the rules of order. An amendment having been rejected, it is 
 not competent to move it again in substance, changing only a solitary word. 
 
 The PRESIDENT. The Chair is of opinion that the point of order is 
 well taken. 
 
 Mr. HIJSTDS. I contend, however, that the amendment which I offer ^^a 
 not the same that has been acted upon, as I believe I can show to the 
 Chair. 
 
 The PRESIDENT. The Chair has decided, simply, upon the point of 
 order as stated. If substantially the same as before offered, the amend- 
 ment is not in order. ' 
 
 Mr. HINDS was understood to move an amendment providing that 
 members should receive eleven dollars per day for each day actually con- 
 sumed in travelling to and from the session of the Convention. He re- 
 marked : 
 
 Now, sir, I have a word to say upon this subject. It is not supposed, 
 by any gentleman a delegate to this Convention, that he is going to make 
 anything out of his travel, or that he could expect to receive any profit 
 for his services in this body. I do not think it right or proper that a 
 gentleman who travels three hundred or seven hundred miles, to attend 
 the session of this Convention, and occupie's three or four days in coming 
 here, should receive five hundred dollars for his travel. If a gentleman 
 is necessarily travelling upon a certain route, he is, of course, entitled to 
 pay based upon the. length of that route. But we should have some 
 reason in this matter. We should so average the mileage as not to allow 
 gentlemen who spend three or four days in coming here, to be paid at the 
 rate of fifty or sixty dollars per day for that service; and I would like to 
 put the matter in such shape that the gentlemen so situated shall receive 
 ( 276 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIOlJirAL CONVENTIOlSr. [14th Day. 
 Pay of Members and Officers.— HINDS— McCOWN— MONTGOMERY. 
 
 no more, or only a little more, for the time consumed by them in travelling, 
 over and above their actual expense, than we receive for the time spent in 
 the actual duties of the Convention. 
 
 Mr. McCOWN, I rise to a point of order. The amendment submitted 
 by the gentleman from Pulaski [Mr. Hinds] is substantially the one that 
 has been defeated. It is the same pig, with its tail cut off to disguise it. 
 [Laughter. J It is the same individual ; and if you will analyze it, you will 
 see it is the same. 
 
 Mr. HEN"DS. It is substantially the same. 
 
 Mr. McCOWlsr. It is a mere change of the sum of money, and not a 
 change of the spirit or intent. 
 
 The PEESIDEFT. The question seems to be, in regard to the basis of 
 mileage. The Chair will hear any explanation the gentleman from Pu- 
 laski [Mr. Hinds] may offer, relative to the point of order raised. 
 
 Mr. HINDS. When there is a difference in money, I take it there is a 
 substantial difference — money is a substantial thing, and when you change 
 from one figure to another, the change is a substantial one. 
 
 After some further remarks upon the point of order raised, 
 
 Mr. HEISTDS was permitted to proceed, and remarked: I am not dis- 
 posed to take such action, here, as will allow gentlemen the sura which it 
 is proposed shall be realized in the form of mileage. If, for instance, a gen- 
 tleman from Hempstead County occupies four days in coming to the Con- 
 vention, he would receive, by the plan proposed, four times eleven — forty- 
 four — dollars per day, for the time consumed in his travel. Now, suppose 
 a gentleman from Mississippi County is five or six days, or ten days, in 
 coming, he would receive ten times that amount — say, one hundred and 
 twenty dollars. That will pay any man's travelling expenses in coming 
 here and a per diem besides. And that, I think, is the desire of the 
 members of this Convention. I think it the desire of those gentlemen 
 who live near the Capital, that those from a distance shall be paid a fair 
 sum, but not an exorbitant one. One hundred or one hundred and twenty 
 dollars will pay the travelling expenses of any gentleman in the Conven- 
 tion, — and will pay him very well. 
 
 Mr. McCOWN. I am not surprised that the gentleman from Pulaski 
 [Mr. Hinds] is not disposed to allow much mileage, inasmuch as he lives 
 here, and it is very convenient for him to stay here. I think it possible 
 that he oan stay here a good deal cheaper than we can. 
 
 I move to lay the gentleman's amendment on the table. 
 
 Mr. MONTGOMEEY. I am not in favor of laying the proposition upon 
 the table. Should that be established as a precedent 
 
 Mr. BEOOKS. I rise to a point of order. A motion to lay upon the 
 
 table is not debatable. 
 
 ( 2V7 ) 
 
1868.] DEBATES AISTD PEOCEEDINGS OP THE [Thursday, 
 
 Pay of Members and Officers.— MONTGOMERY— BROOKS— HINDS. 
 
 Mr. McCOWN" withdrew the motion. 
 
 Mr. MON'TGOMERY. The gentleman desires to amend so that mem- 
 bers of the Convention shall receive eleven dollars per day for the time 
 occupied in coming to this Convention. For all that I know some mem- 
 bers may have started a nionth before the opening of the session of this 
 body, and have gone round to visit their friends, and still have actually 
 been upon their way hither during that time. Gentlemen come by some 
 conveyances more quickly than by others, and they have to pay a high 
 price for the privilege. I have never yet known, in any legislative body — 
 and I have examined the proceedings of some — I have never known of a 
 case where mileage was fixed in that way. I have always known, and I 
 believe every gentleman here has always known, that mileage is always 
 fixed at so much for every mile's travel, — computing it by the rate per 
 diem ; and I shall insist, so far as I am concerned, that the rule be fixed 
 in that way. I think the proposition is good enough as it now stands, 
 without further amendment. 
 
 Mr. BROOKS. I very much regret to seem to be in the attitude of 
 opposing a movement looking toward economy; and yet the amendment 
 of the gentleman from Pulaski [Mi-. Hinds] economizes a little too closely 
 for our comfort. If that amendment prevail, we shall not be able to cover 
 expenses and return home. By taking the most expeditious and economi- 
 cal route, we can take the figuring as closely as is really practicable, unless, 
 indeed, we can walk — and I am not sure even of that, as, for my own 
 part, I am not a good walker. If we are to make sacrifices for recon- 
 struction, then the gentleman's amendment will be a very good one; but 
 if we are to cover our expenses, we cannot figure more closely upon the 
 question of mileage than we have already done. 
 
 The PRESIDENT. The Chair has permitted the discussion upon the 
 amendment of the gentleman from Pulaski [Mr. Hinds] to proceed, in 
 order that the Chair might meanwhile be enabled to examine the point of 
 order which has been raised in regard to the admissibility of the amend- 
 ment. The Chair will not take the responsibility of deciding that the 
 amendment is out of order. 
 
 Mr. McCOWIsr moved that the amendment be rejected. 
 
 Mr. MONTGOMERY. My stage fare is twenty dollars. My additional 
 travelling expenses were about twenty dollars. Upon the basis of the 
 amendment offered by the gentleman from Pulaski [Mr. Hinds], I shall 
 receive twenty-two dollars ; and I shall be eighteen dollars out of pocket. 
 
 Mr. HINDS. I am willing to say twenty dollars a day. It is not pro- 
 posed by me, or, I think, by any gentleman in the Convention, to do other 
 than justice. 
 
 I wish, further, to call attention to a proviso which I regard as desirable. 
 I understand there are certain gentlemen who are disposed to doubt the 
 ( 278 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers.— GENERAL DEBATE. 
 
 coustitutionality of this Convention. Those gentlemen of course will be 
 disposed to refuse any per diem — in fact, I notice that those gentlemen 
 vote against every proposition for pay. 
 
 Mr. MONTGOMERY. I rise to a point of order. The gentleman is 
 not speaking to the question. 
 
 Mr. REYNOLDS. We will not receive pay, provided our people are 
 not taxed. If the gentleman will accept an amendment to the effect that 
 our counties shall not be taxed, we will take no pay for our services. 
 
 Mr. HINDS. I suppose, of course, every gentleman who votes against 
 taxation will vote against, and refuse to receive, any pay. If that class of 
 gentlemen think. ten dollars per day is too much, let them receive as much 
 as their services are worth. If they object to the Constitutionality of the 
 whole proceeding, they will of course object to receiving any sum what- 
 ever. ' 
 
 I withdraw the amendment, so far as the amount is concerned, and 
 propose to increase the amount to twenty dollars per day. 
 
 After some discussion as to the parliamentary aspect of the question 
 before the Convention, 
 
 Mr. HINDS withdrew the proposition to fix the per diem of members 
 during actual travel at twenty dollars per day, and renewed his amend- 
 ment fixing the same at eleven dollars. 
 
 Mr. MONTGOMERY moved to amend the amendment by striking out 
 the word "eleven," and.inserting, instead thereof, the words "two and a 
 half." [Laughter.] 
 
 Mr. SMITH offered the following substitute : 
 
 Resolved by this Convention : That members of this body be allowed eight 
 dollars per day, including the time necessarily spent in coming to and return- 
 ing from the place of meeting; that the Seci-etarj' be allowed twelve dollars 
 per day, the Assistant Secretaries, Chaplain, and Sergeant-at-Arms, be allowed 
 eight dollars per day; that the Assistant Sergeants-at-Arms, Doorkeepers, and 
 Postmaster, shall receive six dollars per day; that the Pages be allowed three 
 dollars per day, and that the President receive double the per diem of mem- 
 bers. The mileage to be that established by law for members of Congress, the 
 distance to be computed by the usually travelled route. 
 
 Mr. McCOWN moved that the substitute be rejected. [Merriment.] 
 Mr. BROOKS. I hope that we are through with our music, now, and 
 that we will settle down to sober business. I think the substitute is sub- 
 stantially what should be adopted. When the Ordinance was before the 
 Convention, I, with another member, voted constantly, as long as we had 
 
 the opportunity of voting 
 
 Mr, McCLURE rose to a point of order. An amendment being already 
 
 ( 279 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Thursday, 
 
 Pay of Members and Officers.— BROOKS. 
 
 before the Convention, and an amendment to that amendment having 
 been submitted, the substitute was not in order. 
 
 The PEESIDENT decided the proposition of the gentleman from Phil- 
 lips [Mr. Smith] to be in order, as a substitute for the amendment pend- 
 ing. 
 
 Mr. BROOKS continued, in substance as follows : I was about to say, 
 sir, that when the question was pending, before the Convention, upon the 
 adoption of the Ordinance, two of us voted for what is, in substance, pre- 
 sented in the present substitute, — eight dollars per day for members, and^ 
 as nearly as we could get at it, mileage to correspond with what is now 
 proposed, namely, a per diem for members, covering their time from the 
 date of leaving their homes to that of their return to their business, and 
 twenty cents per mile for expenses, the amount established by law for 
 members of Congress, and about what is usually appropriated for such 
 purposes in all well-regulated legislative bodies throughout the country. 
 It is wholly unnecessary for us to be fastidious, or morbidly sensitive, in 
 regard to these questions. We have to meet and dispose of them as busi- 
 ness. I think that the amount now proposed is about what we should 
 vote ourselves. Then, wilfti respect to the officers of the Convention. 
 While we cannot propose to adjust with the nice accuracy that we should 
 use in a private business transaction, the compensation of these gentlemen, 
 1 think the sum proposed about corresponds with that proposed for our- 
 selves. And whatever may be said with respect to Buncombe, or bom- 
 bast, or electioneering — all of which, I suppose, eijter more or less into the 
 discussion of every matter of this kind, — I hope that no gentleman will 
 allow such considerations in any manner to control his vote. Let us deal 
 with the question calmly and soberly, and facing all the facts. If the 
 country were in a prosperous condition, if the crops of the last season had 
 been abundant, if they had commanded an ordinary price, we should have 
 been justified, without regard to what captious persons among our constit- 
 uents would say, in voting ourselves ten dollars per diem. That would not 
 be very extravagant, and, under any circumstances, only fair pay. We may 
 not receive pay in current funds, but may have to pay a small discount 
 upon the Treasury warrants, or whatever we may receive. I believe, how- 
 ever, that if we pursue a prudent, economical course, we shall, in a few days, 
 receive our pay from the Treasury. But suppose we should be compelled 
 to take paper and discount it at a small percentage. I submit whether 
 we cannot well afltbrd to pay a small discount on eight dollars per day, 
 including the time spent in coming to and returning from the Conven- 
 tion,— we drawing, at 'the same time, mileage at the rate of twenty cents 
 per mile. I think I am quite disposed to do as well for myself and my 
 family, at all times and under all circumstances, as I can with honor and 
 consistency; and I subscribe to the doctrine taught in Holy Scripture, 
 { 280 ) 
 
Jan. 23d.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers.— BKOOKS— SMITH. 
 
 that the laborer is worthy of his hire. I would gladly see these honorable 
 gentlemen — whose services are valuable — well paid for their labors. But I 
 say, honestly, sincerely, and conscientiously, before G-od and before my 
 constituents, I think we ought to be content with eight dollars per day, 
 and twenty cents per mile. Of course, if this and similar amendments 
 shall be defeated, and we are shut up to the necessity of voting for or 
 against the Ordinance, and either voting for a larger sum than I have 
 named, or depriving of all pay these honorable gentlemen, many of whom 
 are sorely pressed for funds, we shall vote for the Ordinance. We are not 
 factious. I am not. I know many gentlemen who think with myself, 
 and who will vote with me in favor of that substitute; and that not for 
 Buncombe, or for any purpose of faction, but for purposes of economy, of 
 the public good, — for the interests of the tax-payers of Arkansas. AVe do 
 it in the interests of the Constitution which we propose to submit to the 
 people; we do it in the interest of reconstruction, of civil government, of 
 good order, and of the peace and prosperity of the State. I love money 
 as well as any man can love it consistently with duty; but I do not love it 
 well enough to accept more than is consistent with duty. I do not mean 
 that I have such a sensitive conscience upon the subject that I cannot 
 accept ten dollars per day in case the judgment of the Convention, thor- 
 oughly elaborated and matured, shall be that ten dollars per day is the 
 proper compensation for our services. Of course I shall accept that de- 
 cision ; I have not that morbid kind of conscience which would lead me 
 to do otherwise. But I think we ought to be content with eight dollars. 
 If we do suffer a little " shave," we shall still get along very comfortably. 
 There are many gentlemen here who have planted cotton in Arkansas 
 during the last two or three years; and eight dollars per day is a very 
 gentle " shave " to men who have lost forty or fifty thousand dollars per 
 year. I do not mean to advocate any proposition which will not, under 
 all circumstances, afford a fair compensation. But, gentlemen, — breth- 
 ren ! — let us, in the interests of our constituents, in the interests of our 
 State, in the interests of reconstruction — let us be consistent with our duty 
 to the people, when our constituents are crying for bread ! Let us be con- 
 tent with eight dollars per day and twenty cents mileage. 
 
 After some discussion upon the parliamentary aspect of the question 
 before the Convention, 
 
 The PEESIDEliTT stated the question before the Convention to be upon 
 the rejection of the substitute offered by the gentleman from Phillips [Mr. 
 Smith]. 
 
 Mr. SMITH. The gentleman from Desha [Mr. Sims] suggests to me 
 that the substitute be amended, by providing that none but members of 
 the Convention receive mileage. 
 
 ( 281 ) 
 
1868.] DEBATES AISTD PEOCEEDINGS OF THE [Thursday, 
 
 Pay of Members and Officers.— MONTGOMERY— McCOWN—CTPEET— HODGES. 
 
 The PRESIDEN'T. The question is upon the rejection of the substi- 
 tute; and no amendment relating back to the substitute will be in order. 
 
 Mr. MO]!«J'TGrOMERY favored the motion for rejection. Some mem- 
 bers might be able to attend the session of the Convention and paj' their 
 own expenses ; he could not. If, however, the members were to be paid 
 for the time actually consumed in travel, he wished to state that he had 
 started from home about two weeks before the Convention met. [Laugh- 
 ter.] 
 
 Mr. McCOWI^ suggested that, should the substitute be adopted, there 
 was nothing to prevent a member, so that he started from home, taking a 
 circuit of five thousand miles to reach the Convention, and charging for 
 his time accordingly. He did not question the entire sincerity of the gen- 
 tleman from Phillips [Mr. Brooks], in his expressed views upon the sub- 
 ject; but that gentleman was very differently situated, in regard to his 
 facilities for travel, from meinbers who came from the interior of the State. 
 As to the idea thrown out by other gentlemen, that their people must be 
 taxed for the payment of compensation to members of the Convention, he 
 would remark that the tax was already levied, and the reception, by mem- 
 bers, of their per diem, would be carrying the money back to their constit- 
 uents. If to reduce the per diem would reduce the tax, he would be in 
 favor of the measure ; but it would have no such effect. The tax would 
 be levied in any event, and he wanted to carry some of it home with him. 
 Besides, under the peculiar surrounding circumstances, the scrip that 
 might be received might be brought down to fifty cents on the dollar, or 
 twenty-five. If the Convention should succeed in obtaining money from 
 the Treasury, the matter could be reconsidered, and the per diem re- 
 duced. 
 
 Mr. CYPERT. I have no motion or proposition to offer. The remarks 
 of the gentleman from Pulaski [Mr. Hinds] seem to me very remarkable; 
 and it occurred tome, from what he said, that it had probably been in the 
 minds of this Convention to ravish us with some money, — since he thought 
 it necessary to provide that we should not be ravished with it, against our 
 wills. When it comes to poking money upon me, I think I shall be like 
 the ancient ladies in the storming of the city, who, after a sufficient time, 
 in their apprehensions, had elapsed, for outrages to commence, asked when 
 the ravishing would begin. Whenever you undertake to ravish me with 
 money, I expect I shall take it ! [Much laughter.] 
 
 Mr. HODGES, of Pulaski. So far, I have had jiothing to say upon this 
 subject. But this matter may be of more importance than some of us 
 think. ' I am in favor of the substitute. I believe there is no gentleman 
 here, who, upon that basis, will not have his expenses paid, and something 
 more ; and I think the mileage proposed is quite equal to any ever paid,— 
 that is, when you take into consideration that you are paid, from the day 
 
 ( 282 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 Pay of Members and Officers.— LANGLET—MALLOET— BROOKS— HINDS. 
 
 you start from home, for the whole time necessarily occupied in travel. 
 The substitute would certainly not permit any gentleman who needs but 
 three days to come here, to occupy two weeks in the journey, unless his 
 conscience is very greatly stretched. 
 
 Mr. LANG-LEY. I am honestly of the opinion that eight dollars a day 
 is not too much. I am as conscientious as any man in this house. I 
 believe my constituents are willing to pay me for my expenses here. 
 Millions of dollars have been spent; and I believe that we have a just 
 right, now, to be paid our dues from the Treasury. We have already 
 been at considerable expense. We have canvassed our counties, and have 
 done so at our own cost. It does seem to me that ten dollars a day is 
 little enough. I do not consider it anything like extortion; nor do I 
 believe that it will injure us with the people. I make these remarks only 
 to let people know that I conscientiously believe we should be paid. I 
 shall vote against the substitute. 
 
 Mr. MALLOEY. I am in favor of the substitute, except so far as mileage 
 is concerned. I start out on this broad proposition — that ten dollars a 
 day will pay the expenses of any man in this Convention. The honorable 
 member from Lafayette comes here in four days. He travelled night and 
 day to reach this city ; and the wording of this substitute is such that it 
 allows him one day for every ten hours that he may travel — such being 
 the law of the State. I am not in favor of any measure which proposes 
 to pay to any one member of this Convention four hundred, three hundred, 
 or two hundred and fifty dollars more than to any other member. By the 
 Ordinance, as it was originally drawn, gentlemen could take any route 
 they saw fit, and be paid for it. As the substitute now stands, a member 
 is paid enough, for his per diem alone, to reimburse his entire expenses of 
 travel. 
 
 Mr. BROOKS. The amount per diem, as proposed by the substitute, is 
 eight dollars. 
 
 Mr. MALLORY. I am in favor of the substitute; but I would say that 
 the probability is, that we cannot unite, in one Ordinance, provisions 
 which will accord with the personal feelings of all of us. This is, probably, 
 as near as we can get at it, and constitutes a kind of compromise between 
 the various views entertained by gentlemen on this floor. I hope, there- 
 fore, that the Ordinance will be voted down, and that the substitute will 
 pass. 
 
 Mr. HINDS. I think I can make the substitute proposed rather popular, 
 by adding to it a proviso— if the gentleman [Mr. Smith] will allow me 
 
 The PRESIDENT. It is not in order to ofl:er a proviso, at this time. 
 
 Mr. HIKDS. I asked the consent of the gentleman. 
 
 The PRESIDENT. It is not in order, even with his consent, at this time. 
 
 Mr, BROOKS asked for the yeas and nays. 
 
 ( 283 ) 
 
1868.] DEBATES AND PEOOEEDHSTGS OP THE [Thursday, 
 
 Pay of Members and Officers.— GENERAL DEBATE. 
 
 The yeas and nays were ordered. 
 
 The question was then taken upofi the motion to reject the substitute; 
 and it was decided in the negative, — Yeas 29, Nays 37, as follows : 
 
 Teas: Messrs. Belden, Coates, Cypert, Duvall, Bxon, Harrison, Hawkins, 
 Hinkle, HoUis, Hoge, Houghton, Langley, Mason, Matthews, Merrick, Mont- 
 gomery, McCown, McClure, Moore, Oliver, Eawlings, Samuels, Scott, Walker, 
 "Wilson, "White, "Williams, "Wyatt, and the President — 29. 
 
 Nats: Messrs. Beasley, Bell, Brashear, Brooks, Corbell, Dale, Evans, Gantt, 
 Gray of Jeiferson, Grey of Phillips, Hatfield, Hicks, Hinds, Hodges of Critten- 
 den, Hodges of Pulaski, Hutchinson, Kyle, Mallory, Misner, Millsaps, Murphy, 
 Norman, Owen, Poole, Portis, Priddy, Puntney, Rector, Eeynolds, Eounsaville, 
 Sams, Shoppaeh, Sims, Smith, Snyder, Van Hook, and "Wright — 37. 
 
 So the Convention refused to reject the substitute. 
 
 Pending the call of the roll, 
 
 Mr. HATFIELD asked to be excused from voting. 
 
 Objection being made, 
 
 Mr. HATFIELD voted No. 
 
 The vote was then announced, as above. 
 
 *) 
 
 Mr. HINDS then moved, as an amendment to the substitute, the addi- 
 tion of the following: 
 
 Provided, No member be required to take his pay or mileage if he is in doubt 
 as to the constitutionality or legality of the proceedings of the Convention. 
 
 Mr. COATES. I move, as an amendment to the amendment, that we 
 compel these gentlemen to take the money. [Much laughter.] 
 
 Mr. WILSON moved that both the amendment, and the amendment to 
 the amendment, be rejected. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. WILSON. I move to amend by substituting, for the whole propo- 
 sition before the Convention, the Ordinance adopted yesterday. 
 
 The PRESIDENT. The motion cannot be entertained. That question 
 has been settled. The question before the Convention is upon the adop- 
 tion of the substitute for that Ordinance. 
 
 Mr. MALLORY moved the previous question. 
 
 The vote was taken on the question, " Shall the main question be now 
 put?" and the motion was not agreed to, — Ayes 28, Noes 30. 
 
 Mr. McCLURE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. KYLE. I have heard it suggested that the Reporter is not provided 
 for. Is he provided for in that substitute ? 
 ( 284 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIOI^AL CONVENTION". [14th Day. 
 Pay of Members and Officers.— GENERAL DEBATE. 
 
 The PEESIDEJSTT. It is too late, now, to modify the proposition before 
 the Convention. 
 
 Mr. McCLURE. I find this is not an ordinance, but a resolution. 
 
 The PEESIDEN'T. It was passed with the understanding that it was 
 an ordinance. 
 
 The question was taken ; and it was decided in the negative, — Yeas 29, 
 l^ays 37, as follows : 
 
 Yeas: Messrs. Beasley, Bell, Brooks, Corbell, Dale, Evans, Gantt, Gray of 
 Jeiferson, Grey of Phillips, Hatfield, Hicks, Hinds, Hinkle, Hodges of Crit- 
 tenden, Hodges of Pulaski, Mallory, Misner, Moore, Norman, Owen, Priddy, 
 Reynolds, Eounsaville, Shoppach, Smith, Van Hook, Walker, White, , and 
 Wright*— 29. 
 
 Nays: Messrs. Belden, Brashear, Coates, Cypert, Duvall, Bxon, Harrison, 
 Hawkins, HoUis, Hoge, Houghton, Hutchinson, Kyle, Langley, Mason, Mat- 
 thews, Merrick, Millsaps, Montgomery, Murphy, McCown, McClure, Oliver, 
 Poole, Portis, Puntney, Eawlings, Eector, Sams, Samuels, Sarber, Scott, Sims, 
 Snyder, Wilson, Williams, and Wright* — 37. 
 
 So the Convention refused to sustain the call for the previous question. 
 
 Mr. MONTGOMERY obtained the floor, to speak to the question of 
 the adoption of the Ordinance. 
 
 The PRESIDENT. The Convention has decided that the main question 
 shall not now be put, which disposes of the Ordinance for this day. 
 
 Mr. HODGES, of Pulaski, questioned the correctness of the decision 
 of the Chair. 
 
 The PRESIDENT. The Chair will refer the gentleman to the author- 
 ities. 
 
 Mr. HODGES, of Pulaski. I would respectfully insist that there are 
 plenty of precedents to the effect that the decision of the Convention, 
 upon the motion for the previous question, leaves the main question still 
 before us. The rule, as stated by the President, held formerly. 
 
 Mr. MONTGOMERY. I call the attention of the Convention to the 
 fact that the proposition submitted in no way provided for the compensa- 
 tion of our services ; it only provided for our pay in coming and returning. 
 
 Mr. SMITH. If that be the true construction, then I know nothing 
 about language. 
 
 ADJOURNMENT. 
 
 Mr. MALLORY moved that the Convention adjourn. 
 
 Mr. BROOKS. I hope we may not adjourn. I should very much like 
 
 * By manifest inadyertence, Mr. Wright's name is in the Journal recorded and counted 
 both among the Teas and the Nays. It may, In one or the other instance, have been con- 
 founded, in making up the record, with the name of the President. — Eeportbe. 
 
 ( 285 ) 
 
1868.] DEBATES AND PEOCEBDmGS OF THE [Thursday, 
 
 COMMITTEE OP THE WHOLE— Belief for Poor of the State— CYPBET. 
 
 it if the Conveotion would consider the subject which was brought for- 
 ward in the Report of the Committee on the Relief of the Poor. 
 
 Mr. CYPERT moved that the Convention resolve itself into Committee 
 of the "Whole, to take into consideration the Report of the Special Com- 
 mittee appointed to prepare and present a memorial to the Congress of 
 the United States, asking relief for the suffering poor of the State of 
 Arkansas. 
 
 The question was taken ; and the motion was agreed to. 
 
 COMMITTEE OF THE! 'WHOLE. 
 
 The Convention accordingly resolved itself into Committee of the 
 "Whole [Mr. Mallory in the Chair], and proceeded to the consideration 
 of the Report of the Special Committee appointed to prepare and present 
 a memorial to the Congress of the United States, asking relief for the suf- 
 fering poor of the State of Arkansas. 
 
 Mr. BEASLEY. If I am not out of order, I would simply urge the 
 necessity of settling this question of compensation, to-day. 
 
 Mr. GANTT rose to a point of order. Under the decision of the Pres- 
 ident, that question could not be further acted upon during the day. 
 
 The CHAIRMAK' The point is well taken. The matter is disposed of. 
 
 Mr. BROOKS. I would ask to have the Report on Relief presented to 
 the Committee of the "Whole, as a basis for our reflections and action. 
 
 The SECRETARY read the Report, as follows : 
 
 EEPOET OP COMMITTEE ON EELIEP. 
 
 Your Committee have elicited the following facts. In many of the counties 
 large numbers of persons are severely pressed for food, being well-nigh desti- 
 tute of meat. In other counties, where the crop of the last season consisted 
 chiefly of cotton, startling destitution prevails. Gaunt famine stalks abroad ! 
 the people are crying out for bread. They are ready and willing to labor, but 
 employment cannot be obtained. The usual agencies, county courts and public 
 benevolence, seem quite insufficient to meet this crying demand for the neces- 
 saries of life. 
 
 Your Committee have thus far been unable to reach any satisfactory conclu- 
 sion as to the most efficient scheme for meeting this exigency. They there- 
 fore ask that this brief statement of the situation be submitted to the consid- 
 eration of the Convention, in Committee of the Whole. 
 
 Joseph Brooks, 
 
 Chairman. 
 
 Mr. CYPERT. The Committee, in investigating the question of relief 
 for the suffering poor, had before them a number of persons, from different 
 parts of the State, giving information in regard to the destitution in their 
 ( 286 ) 
 
Jan. 23d.] ARKANSAS CONSTITUTIONAL CONVENTION. [14tli Bay. 
 COMMITTEE OF THE WHOLE— Belief for Poor of the State— CTPEET—BOWEN. 
 
 particular localities; and we attempted, amongst oxirselves, to arrive at 
 some practicable plan of relief. We found it, as the Report indicates, very 
 difficult to reach any conclusion generally satisfactory ; and we desire to 
 have the assistance of all the members of the Convention, in order to the 
 selection of a practical plan for the accomplishment of the object. Many 
 plans might be adopted, looking to the future ; but we could hit upon none 
 affording immediate relief. Several were suggested, looking to the con- 
 struction of some permanent public work in the State, to supply such as 
 may be able to labor, with labor, and to afford them necessary provisions. 
 But these plans, as I have intimated, were calculated to afford no imme- 
 diate relief — it would take too long to get a plan of that kind in operation. 
 Another suggestion was made, — which occurs to me as the most feasible, — 
 that we issue an address to the people of the several counties, requesting 
 the county courts, under the provisions of our statutes as they now stand, 
 to provide, by lease or purchase, quarters sufficient, contiguous to farms, 
 and put an overseer, or commissioner, of the poor, upon the farm, to re- 
 ceive all such as have no means of subsistence, yet are able to work, — 
 furnish them, upon that farm, with such labor as may be necessary to 
 carry on the farm, — the farms being managed under the supervision of 
 the counties respectively. Our statute, as it now stands, would warrant 
 this proceeding, including the purchase or lease of a farm or farms, and 
 quarters, sufficient to supply the wants of the poor of each county; it being 
 attempted to make each of these establishments, as far as possible, a self- 
 sustaining institution. "We have ascertained that there are some little 
 means belonging to the Freedmen's Bureau in this Division ; but these 
 are not, alone, sufficient for more than a short time. What funds there 
 are. miffht be distributed, under the direction of the Assistant Commis- 
 sioner of the Bureau, to the counties most destitute, in. order to enable 
 them to get into operation the plan I have suggested. 
 
 These different plans were discussed; but none of them were entirely 
 satisfactory to the Committee. I offer this as the most feasible one that, 
 in conversation on the subject, has occurred to me. 
 
 Mr. BOWEN. I do not believe it would be possible for the Committee 
 of the Whole to fix upon any plan that will arrange this matter properly, 
 without the intervention of some other committee. I think the adoption 
 of the proposition of the gentleman from White [Mr. Ctpert] would be 
 inexpedient ; for I do not believe the plan to be available at this time. I 
 do not believe anything can be done, in that way, that would keep people 
 from starving to death. It would take some weeks to put the plan in 
 operation ; and I am clearly of opinion that there is but one practicable 
 method of achieving the object sought, and that is, to put our hands in the 
 Treasury, lift out the money, and appoint suitable agents to relieve the 
 wants of people. I therefore propose this resolution: 
 
 ( 287 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF TmE [Thursday,' 
 
 COMMITTEE OP THE WHOLE.— Belief for Poor of the State.— CTPERT— WILSON. 
 
 Resolved: That the Committee recommend that the Committee on Finance 
 be instructed to report measures for giving State aid for the immediate relief 
 of the poor, without regard to color. 
 
 If there is any hesitation whatever, these people are lost. Any delay 
 will be ruinous to them, — and to ourselves, for they constitute the laborers 
 of the State. I hope the matter will be referred to the appropriate com- 
 mittee, and acted upon immediately. We ought not to be unwilling to 
 spend a few dollars of the State's money, at this time, to relieve the wants 
 of its starving people. 
 
 Mr.'CYPEE,T. I hope gentlemen will afford us a general expression of 
 their views. A part of the particular motive which the Committee on 
 Relief had in bringing this matter to the consideration of the Committee 
 of the Whole, was, to elicit, from all members present, all the plans that 
 might suggest themselves. The question is an urgent one, and ought to 
 be met in some way. It was urged upon the Committee, that should a 
 provision be made for the support of able-bodied persons in destitute con- 
 dition, unless through the proceeds of their own labor, we should encourage 
 idleness. Consequently, the plan that I have just rehearsed, suggested 
 itself to me, — that each county should lease a farm, and place upon it such 
 able-bodied persons as would be required to till it, — retaining their labor 
 for the next year, as a security for the expenditure required in the pur- 
 chase of necessary provisions. Scrip can be issued, and the county would 
 be good for it, — at some time. It is only at the present time that money is 
 needed. It was, as I have said, suggested that able-bodied persons would 
 take advantage of any charity which might be bestowed, to obtain an 
 indolent living. That many able-bodied persons are now suffering be- 
 cause they cannot get work, is certain ; and they must be provided for ; but " 
 they should be so provided for that they may labor. There are others 
 who are not able to work. Let the course which I have indicated be taken ; 
 and then the means necessary may be advanced, until a crop can be made. 
 
 Mr. WILSON. I was in the committee-room, a little while, the other 
 evening, and, from the suggestions which I then heard, I adopted, in my 
 own mind, pretty much the views which have been suggested by the gen- 
 tleman from White [Mr. Cypbrt.] I was much pleased with the sugges- 
 tion of Mr. Gordon, of Iowa, who said that all appropriated here would ' 
 go, actually, to the benefit of the poor, and that the system of establishing 
 farms, in each county where the indigent and helpless are congregated, 
 would be establishing, depots where provisions could be directed, and 
 where they would be properly distributed and used-, instead of being 
 squandered by worthless persons loafing there and doing nothing. I 
 think the idea suggested by the gentleman from White [Mr. Ctpert] is 
 an excellent one, and could be carried out in every county. 
 
 { 288 ) 
 
Jan. 23d.] AEKAFSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 COMMITTEE OP THE WHOLE.— Relief for Poor of the State.— BOWEN—DUVALL. 
 
 Mr. BOWEN". I have serious objections to the plan proposed by the 
 gentleman from White [Mr. Cypbrt.J As I understand it, he proposes 
 that his plan shall be carried out by the issue of county scrip, and that the 
 counties shall pay the requisite expense. Now, there are counties where 
 none of the parties who are in need of assistance live. There is no dis- 
 guising the fact that the freedmen are the parties chiefly to be relieved. 
 Upon the plan proposed, the counties which the freedmen have abandoned 
 will be relieved of all expense, and the whole charge, nearly, will come 
 upon the loyal men of Arkansas. (Not that I design to place the charge 
 of disloyalty upon any party ; but it is understood that at this time parties 
 are divided upon the question of reconstruction ; and one party is con- 
 sidered as disloyal, because they oppose the reconstruction of the South..) 
 The man who dances ought to pay the fiddler; and my proposition is, to 
 accomplish the end, not through tlie action of the counties, but by that 
 of the whole State ; and then those counties where the freedmen do not live 
 will be compelled to pay their just proportion. I suppose there is no gen- 
 tleman in the State, even of those who do not belong to the Eepublicau 
 Party, who will undertake to say that its opponents are not to some extent 
 responsible for the present necessities of the State; and it is only just 
 that this money should be taken from the State Treasury. For instance, 
 in Sebastian, Crawford, Franklin, and one or two other counties, the 
 mass of the Republican Party — or the Union Party, if you particularly 
 desire to keep politics out of the question — reside. They will be called 
 upon to pay the whole bill. Now, the simple fact that gentlemen do not 
 consider this question of freedmen in the same light that we do, consti- 
 tutes no reason why they should be relieved from part of the expense. I 
 hope that no such plan will be adopted. I hope, on the contrary, that the 
 money will come from the State Treasury. I, for one, am prepared to 
 take up my line of march in that direction; for there is money in the 
 Treasury, and I would not hesitate to run my hand into the Treasury, for 
 this purpose. It is like casting bread upon the waters, which will return 
 after many days. 
 
 Mr. DUVALL. We have, already, laws which require the counties to 
 assist their poor; and if we can do that, let the State assist. But I am 
 entirely unwilling to go into the State Treasury and take out money to 
 present to any man that is able to labor. Should we do this — I don't 
 think anything about it, — I know, — human nature is such that it will shrink 
 from work when it can get a living without work. I am fully satisfied 
 that the course proposed would encourage idleness. There is labor enough 
 for every man to do, if he will go at it, and labor for a fair compensation. 
 It is no excuse for" not laboring, that he cannot get three, four, or five 
 dollars a day. I have labored, many a day, for twenty-five cents a day. 
 I would do it now, rather than be thrown on the County or State. I wish 
 
 19 ( 289 ) 
 
1868.] . DEBATES AKD PEOCEEDINGS OP THE [Thursday, 
 
 COMMITTEE OF THE WHOLE.— Belief for Poor of the State.— DUVALL—BEOOKS. 
 
 to see all supported by the County or by the State, who are not able to 
 support -themselves; but I am utterly opposed to supporting any man, 
 white or black, that is able to support himself. 
 
 Mr. BROOKS. I have been very anxious that we should avoid any 
 friction of any kind, upon this subject,'and that we should, by our united 
 counsel and labors, be able to reach something in the way of practical and 
 immediate relief for those that are suffering for bread. I fully appreciate 
 the views, and concur in the sentiments, of the gentleman from Lawrence 
 [Mr. Duvall], so far as the general proposition of the necessity of men 
 working for bread is concerned. I subscribe to that declaration of the 
 Bible, that in the sweat of man's brow shall he eat his bread. But, sir, of 
 course, the fact is not known to the honorable gentleman from Lawrence 
 — I suppose the fact does not exist in bis section of the State — but in many 
 of the large-planting counties, where cotton has been grown almost.solely, 
 there are hundreds and thousands of persons that cannot procure labor, 
 anywhere within reach, or procure subsistence for their labor — industrious 
 men — good men — as good working men as there are in the State, of 
 Arkansas, or any other State, to my certain, personal knowledge — ready 
 to work, and to work twelve hours', and, if that will not do, fourteen hours, 
 of the twenty-four, for simple food, and shelter and clothing enough to 
 keep them from the storm. 
 
 l^ow, without dwelling elaborately upon the subject, these are the facts 
 — facts known to gentlemen and citizens of the Convention, here, from a 
 number of Eiver counties. In some places greater suffering exists than 
 in others ; perhaps, in Arkansas County is the most pressing demand for 
 reUef. I know that in other counties men are reduced to the situation I 
 have described. Men were turned out, at the close of 1867, without being 
 able to pay, out of their part of the crop, their necessary current expenses ; 
 and this in cases where the best energy and skill was brought to bear in 
 superintending the plantations, and where the hands worked faithfully 
 and honorably— and I think I am. a good judge of what is good work 
 on a farm, or a plantation, as my friend from Lawrence doubtless is. I 
 know what an honest, earnest, faithful, laborious day's work is. And I 
 know that there are men, white and black, in the Eiver counties, who 
 have worked hard, and lived with the most rigid economy, that are in 
 the condition I have described. I know of cases where the entire bill 
 of the hands, on a plantation, has not ranged above one dollar, or one 
 dollar and a quarter, a month, each, throughout the year, for the sub- 
 sistence of their families; and where their clothing-bill has' been exceed- 
 ingly small, if it amounted to anything whatever: and yet the crop was 
 sold at the present price of cotton. This, too, in cases where they have 
 been honestly settled with, and have been superintended by the best 
 skill m the country. This state of things has not been peculiar to men 
 ( 290 ) 
 
Jan. 23d.] ARKANSAS CONSTITUTIONAL CONVENTION. [14th Day. 
 COMMITTEE OP THE WHOLE.— Relief for Poor of the State.— BEOOKS—WALKEE. 
 
 from the North. It has been said that we do not understand the raising 
 of cotton, and cannot bring up crops. Having, myself, personally super- 
 intended a plantation of fifteen hundred acres, and made, myself, eleven 
 bales of cotton, just for an experiment (I did not pick it, of course, but did 
 all the remainder of the work), I think we can make pretty good hands at 
 the business, after all. But in many cases where the superintendents have 
 been Southern men, and faithful work has been done, the rains, the ex- 
 treme cold, the destruction of the crop by insects, — all these apparent 
 providences against the crop — and then the fall in the price of cotton, 
 down to six, eight, or nine cents per pound, have more than taken away 
 all the profits of the labor. I know a man who planted seventy-five acres, 
 worked four mules and employed eleven hands — he made seven bales! • 
 
 The first, in Phillips County, to cry for bread, of whom I had any 
 knowledge, were white laborers. Under such circumstances, working 
 for one-half the crop, men could but come out unable to pay for their 
 rations and their very scant clothing for the season past, to enter upon 
 this new year, with the storm, and snow, and pelting sleet, and cold, 
 without one week's rations, or a comfortable suit of clothes. Men that I 
 know will work — I know they have worked, for three years, on a planta- 
 tion, with us — and as good and true men, in those respects, as ever took 
 hold of a plough or hoe, or tended' a cotton-gin — hundreds of these men 
 are in the condition I have described. I know there are portions of the 
 .State where, if theyvwere there, these men could get good and comfort- 
 able homes, and subsistence, with small wages. But they are not there; 
 and it is very diflicult to induce many of them to move away and go to 
 those places, even if they had transportation. Still, these objections might 
 be overcome; but where is their transportation? And whilst we are cast- 
 ing about for the transportation — whilst we are taking preliminary steps, 
 and seeking ways and means, — they are starving to death. 
 
 Mr. "WALKEE. I must enter my protest against the plan proposed by 
 the gentleman from Crawford [Mr. Bowen.] I am opposed to holding out 
 a bid to idleness. I am opposed to encouraging idleness in any class. I 
 have been in this room, in my seat, every day since the organization of 
 this body : I have noticed, in that gallery, negroes, as many as there are 
 to-day. They are here every day, while white men are out on the streets, 
 and attending to their usual business matters. It may be that these col- 
 ored men can afibrd this. Certainly they can afford it if we are to dive 
 into the Treasury, and, as the gentleman says, pull out greenbacks, to 
 support them. They can then afford to crowd those galleries, in idleness. 
 Look at the poor p.eople of the North — ^working at three, four, and five 
 "bits" a day — yes, four "bits" per day is high wages. So can these peo- 
 ple do. I am not more in favor of oppressing the negro than the white 
 man. It is time for all men to go to work — white or black. I am opposed 
 
 ( 291 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 COMMITTEE OP THE WHOLE.— Belief for Poor of the State.— HODGES— GEET. 
 
 to any premium on idleness ; and I think that will be the only effect of 
 the adoption of the proposition of the gentleman from Crawford. 
 
 Mr. HODGES, of Pulaski. I am not fully aware of the precise ques- 
 tion before the Committee, but feel it necessary to say a few words ia 
 reference to the remarks of the gentleman last upon the floor [Mr. 
 Walker.] I suppose that the gentlemen who choose to visit our gal- 
 leries are not asking us for assistance ; and I suppose that any citizen has 
 the right and the privilege of couiing to our gallery and looking on, — 
 whether he be white or black, — to see what the servants of the people are 
 doing; especially where they have interests at stake, and feel an interest 
 in the proceedings. 
 
 Mr. "WALKEE. Will the gentleman allow me to interrupt him? I 
 did not say that the colored gentlemen in the galleries had not the right 
 to be there. They have the same right as any white man, to come here. 
 You misunderstood me,- sir. 
 
 Mr. HODGES, of Pulaski. I was going to say that it may be that some 
 of those colored gentlemen in the galleries are better able to sit there than 
 we are, for what I know. Some of them have money in the bank, and do 
 not ask us for assistance. But there are men, both white and blacky in 
 the State, who need assistance. There may be such in the gallery; but 
 if they cannot get work, I presume they can spend their time there as 
 profitably as anywhere. 
 
 Mr. GREY, of Phillips. I have a word to say upon this subject; it is 
 one which I deem of importance to the interests of the people at large. 
 There are two things necessary, in any country, — capital and labor. The 
 capital of this portion of the country has vanished like the baseless fabric 
 of a dream; there is little of it left. Hence, there is now a surplus of 
 labor. Under the old Roman Law, I believe, it was held that all men 
 belonged to the State, to a certain extent, and were needful to the State; 
 and I think the idea is not yet extinct, in this Republic. JSTo matter what 
 may be a man's color; every man knows that if he is to work a farm or 
 plantation, he needs labor, and must have it. I understood the object of 
 our consultation this afternoon, to be, to give relief to men actually starv- 
 ing. It is said that able-bodied men are in a starving condition; and that, 
 not by their own fault. There is no chance that these men will not be 
 able to repay what may be advanced to them for their subsistence. If there , 
 were a class of idlers to be provided for, there would be some excuse for. 
 hesitation. I was desirous that some plan might be devised for imme- 
 diate relief But for assistance in the future, I expect that application will 
 eventually be made to the Government of the United States, for charity; 
 and I was going to protest against the payment of one cent from the Gov- 
 ernment of the United States, unless it should go to locate every man. We 
 want to be "harnessed to the soil," and, like the races who have fancied 
 ( 292 ) 
 
Jan. 23d.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [14th Day. 
 COMMITTEE OF THE WHOLE.— Relief for Poor of the State.— GKET. 
 
 themselves sprung from the soil, to feel ourselves a permanent belonging 
 of it. I hope there is sufficient generosity and humanity in the people of 
 Arkansas, if it be possible to do anything — and I believe there are brains 
 enough, here, to do it, and that is one reason why I did not wish to par- 
 ticipate in the debate — I hope there is sufficient humanity to induce them 
 to provide some means for the subsistence of the suffering. I think the 
 matter is in their hands. They hold the real estate in their hands;, and I 
 think it at once a duty, and feasible, for them to step in between these 
 people and starvation. I think the voice of humanity, the voice of relig- 
 ion, the voice of God, call upon the State to do this, and to do it promptly. 
 If we do not, this page of our country's history will be written against 
 us — against these gentlemen who had it ia their power to assist, but who, 
 in the language of Scripture, when they were asked for bread, gave a 
 stone. I admit there is not so great an abundance in the State. But if 
 any organized action shall be taken, on the part of the people of Arkan- 
 sas, I doubt not that assistance can be had from other quarters. There 
 are men, in this country, of large hearts and abundant means; and they 
 can make themselves a noble record — if not written on earth, at least it 
 will be written in heaven. The suffering is confined to no one class. 
 I know that it is shared by all classes. I have seen suffering, among 
 white men, that has made my heart bleed. I have seen men, in my own 
 County of Phillips, who were too proud to ask for help, but had not eaten 
 for days. I make no peculiar appeal in favor of my own race. ISTegroes 
 can live upon as little as any one else; they can come as near being 
 chameleons, and living on air, as any set of men on God's earth. 
 
 I think this charity should not be distributed in Little Rock, only — 
 perhaps not here at all. There may be some suffering here; but I think 
 the municipal authorities can take care of the City. But in the- country, 
 where the planters have no need of hands, and do not wish to begin em- 
 ploying them until the season for commencing the crop of next year, — 
 there is the place of distress. If we can do anything immediately, I would 
 be glad to see it done; and I would be glad that all should participate. 
 But I repeat, that I do not want one cent from the government of the 
 United States, unless it comes to locate the parties, under the Homestead 
 Law. This principle of asking black men to work, to put money in other 
 men's pockets, I want no more of. I have seen men fed, here, by the 
 charity of the Government, who had raised crops from which they had 
 never received a cent. If we are to have mofiey, let it come in such a 
 shape that we can pay it back, promptly and' honestly, and that the Gov- 
 ernment may by that means be reimbursed for all it advances. 
 
 Mr. PORTIS moved that the Committee now rise. 
 
 The question was taken ; and the motion was agreed to ; 
 
 So the Committee rose, 
 
 ( 293 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Friday, 
 
 Navigation of Arkansas Kiver. 
 
 IN CONVENTION. 
 
 And, the President having resumed the chair, 
 
 [JSTo report being received of proceedings in Coihmittee of the "Whole] ' 
 
 Mr. MEEEICK moved that the Convention adjourn. 
 
 The question was taken; and the motion was agreed to; 
 And thereupon, at 5, p.m., the Convention adjourned to 10, a. m., of 
 Friday, January 24th. 
 
 I FIFTEENTH DAY. 
 
 Friday, January Mth, 1868. 
 Convention met at 10, a.m. 
 Prayer was oftered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names: 
 
 Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 son, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hodges of Crittenden, Hodges 
 of Pulaski, Hoge, Hollis, Houghton, Hutchinson, Kyle, Langley, Mallory, Ma- 
 son, Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, 
 McClure, Moore, ISTorman, Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawl- 
 ings, Eector, Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, 
 Sims, Smith, Snyder, Van Hook, "Walker, "Wilson, White, "Williams, "Wright, 
 "Wyatt, and the President. 
 
 Sick : Messrs. Bradley and Johnson. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 NAVIGATION OF ARKANSAS RIVER. 
 
 No petitions, memorials, or notices being presented, and 
 
 Eeports of Committees t>eiiig in order, 
 
 Mr. HINDS, from the Committee on Memorials and Ordinances, to 
 whom was referred the Memorial to Congress for the improvement of the 
 navigation of the Arkansas Eiver, reported by the Special Committee ap- 
 pointed to draft the same, reported back the Memorial, without amend- 
 ment, as follows : 
 ( 294 ) 
 
Jan. 24th.] ARKANSAS CONSTITUTIOlSrAL CONVENTIOK [15th Day. 
 Navigation of Arkansas Eiver.— BEOOKS— PORTIS— McCOWN. 
 
 A MEMORIAL TO CONGRESS FOR AN APPROPRIATION OF MONEY FOR IMPROV- 
 ING THE ARKANSAS RIVER, FROM ITS MOUTH TO FORT SMITH. 
 
 To the Honorable, the Senate and House of Representatives, in Congress assembled : 
 Your memorialists, the Constitutional Convention of the State of Arkansas, 
 respectfully represent that the Arkansas Eiver, during the season of low water, 
 is so obstructed by snags and sand-bars as to render the navigation difficult 
 and hazardous, but that by the appropriation and proper outlay of a small sum 
 of money, the said river, between the points designated, could be rendered 
 navigable during the entire season, and would open a thoroughfare of inland 
 communication to a rich agricultural district, facilitate the transportation of 
 the mails, and afford to the settlements embraced in the country tributary to 
 the Arkansas, the speedy development of the various resources of that section 
 of the country, abounding in lumber, agricultural, and mineral wealth, besides 
 atfording facilities for reaching the trade and exchange of the Indian country 
 west, and affording to the Government a more speedy access to that region. 
 
 Your memorialists, therefore, ask that an appropriation of one hundred 
 thousand dollars (100,000) be made for the improvement of said river. And 
 your memorialists will ever pray. 
 
 Mr. BROOKS moved that the Report be adopted. 
 
 Mr. PORTIS moved to amend by iiisertiijg in the Memorial a prayer 
 for the improvement of the navigation of the Ouachita River. 
 
 Mr. BROOKS. I hope we will not "tinker" this Report. There are a 
 number of rivers, in this State, that.we would like to see improved. But if 
 we start out with amendments, we shall, of course, amend so as to include, 
 in turn, all rivers. The result will be, that we might just as well not 
 memorialize at all. If we coniine ourselves, as is contemplated in this 
 Report, to a single river, traversing the State from east to west, through 
 its centre, and passing its Capital, we shall have a reasonable prospect of 
 success. If we proceed to attach, to the Memorial, amendments embrac- 
 ing the Ouachita, and all the other rivers of the State, navigable in high 
 water, the practical effect of such amendments will be, to ride down, and 
 ride out of the halls of Congress, the whole memorial, without producing 
 a ripple upon the surface. If we confine ourselves to this single river, in 
 which all portions of the State are interested, — rest the application there, 
 and back it up as we may do,— we shall probably succeed. I hope, sir, we 
 shall not lumber the Memorial. 
 
 Mr. McCOWISr. If the gentleman from Ouachita [Mr. Portis] will per- 
 mit me, I will suggest an amendment to his proposition. Inasmuch as 
 the gentleman from Phillips [Mr. Brooks] wants only one river mentioned 
 in the Memorial, I will move to amend by striking out the words " Arkan- 
 sas River," wjierever they occur, and substituting, instead thereof, the 
 
 ( 295 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Friday, 
 
 Navigation of Arkansas Eiver.— POKTIS— BKOOKS— HIKDS. 
 
 words " Ouacliita River." The gentleman from Phillips seems to think 
 there is but one river, that amounts to anything, in this State. 
 
 Mr. POETIS. I hope that this motion will not disturb the action of the 
 Convention. If there is any river that needs such an appropriation as is 
 asked, it is the Ouachita. We in the southern part of the State raise more 
 of the great staple, and we have more need of navigation, there, than any 
 portion of Arkansas, or as much. We have been in the habit of ship- 
 ping forty-five to fiftj" thousand dollars' worth of cotton. It would not 
 require a large appropriation to assist us, so as to make the river naviga- 
 ble. We are dependent upon that river. We have no railroads, and we 
 have no means of access to markets, except one hundred and ten miles of 
 the river. We have failed in our whole supply of provisions from other 
 parts, by reason of the low stage of the river. My amendment is not 
 intended to ride down the Memorial. 
 
 Mr. BROOKS. I hope I was not understood as indicating that the 
 gentleman from Ouachita [Mr. Portis] designed to weigh down the Me- 
 morial. I did not intend any such reflection, nor did I intend to say we did 
 not desire the improvement of the Ouachita River, and of all other rivers. 
 I simply meant to take a practical, business view of the subject. Of course 
 we should very much like to have the St. Francis River improved. In that 
 river I am more locally interested than in the Arkansas. I have no local 
 interest, whatever, in the improvement of the Arkansas River, more than 
 has the gentleman from the southern portion of the State. I am interested 
 in the St. Francis, and the Languille, and other streams in the same sec- 
 tion. Other gentlemen are interested in the improvement of the upper 
 White River, et cmtera. I only meant that in the incipiency of a matter 
 of this kind, it was better to try to do one thing at a time, — to undertake 
 something that we have some prospect of accomplishing, and not to 
 undertake that in which we must, of necessity, utterly fail, and destroy, at 
 the same time, all hopes of success in that which, not thus encumbered, 
 would produce some practical benefit. If we can now proceed to secure 
 the improvement of this river, in which there are no local interests be- 
 yond what exist in connection with every river, but in the improvement 
 of which the whole State is interested, and equally interested, then we can 
 hereafter proceed to improve the navigation of other streams. If we now 
 attempt to accommodate sections, and endeavor to secure the improvement 
 of all the rivers in the State, we shall certainly fail in accomplishing any- 
 thing. I meant to raise no factious opposition to the efforts of the gentle- 
 man on behalf of the improvement of the Ouachita — none whatever. 
 
 Mr. HINDS. One word in relation to the remarks of the gentleman 
 
 from Ouachita [Mr. Portis.] It will be readily seen, from a perusal of 
 
 the draft of the Memorial, that his amendment is not applicable. We set 
 
 forth, in the Memorial, certain reasons why the navigation of the Arkansas 
 
 { 296 ) 
 
Jan. 24th.] AEKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 Navigation of Arkansas Kiver.— HINDS— PORTIS— HODGES— MONTGOMERY. 
 
 River should be improved, and why it is the interest of the General 
 Government to have that improvement effected, at the expense of the 
 Government; to wit, the facilities thus to be afforded for the transporta- 
 tion of the mails, and for reaching the Indian country. The reasons as- 
 signed, most cei'tainlj', would not be applicable to the case of the Ouachita 
 River. We have no objection to the gentleman offering a memorial, ad- 
 dressed to Congress, for the improvement of the Ouachita River. But it 
 will certainly have the effect of defeating the very object which we seek. 
 If we shall succeed in getting from Congress an appropriation for the im- 
 provement of the Arkansas River, — which certainlj' very much needs it, — 
 if we can show that it is for the interest of the United States to secure 
 such steady navigation that the carriage of the mails can be made speedy 
 and sure, and communication with the Indian country more readily had, 
 I think it is for the interest of every gentleman here, to advocate the 
 measure. 
 
 Mr. PORTIS. I would say, in reference to the remarks of the gentle- 
 man [Mr. Hinds], that I conceive the proposition which I make, to be for 
 the interest of the General Government. "We are cut off, in our section 
 of the State, as I have remarked, fi'om all means of easy communication, 
 except by the Ouachita; and the Government is now getting all its sup- 
 plies, there, from Little Rock, or some other point too far off to afford a 
 convenient or regular supply. They are almost suffering, from the cut- 
 ting off of supplies, there. The mails, too, are carried on that river. I do 
 not wish to interfere with the movement in regard to the Arkansas ; I 
 merely wish to add to it the Ouachita, in order to protect the interests of 
 all that country. 
 
 Mr. McCOWlST withdrew his amendment. 
 . Mr. PORTIS. I desire to add to my amendment, so that the Memorial 
 shall include, the Arkansas River, and the Ouachita River " from the Louisi- 
 ana line to Camden." 
 
 Mr. HODGES, of Pulaski. I wish to say a word in explanation of my 
 intended vote. I must vote against the amendment; but I shall be glad 
 to vote for a memorial drawn up to cover the case of the Ouachita River. 
 The reasons set forth here, would not be applicable, in all their parts, to 
 the case of that river. 
 
 Mr. MONTGOMERY. I do not know that an amendment for the im- 
 provement of the Ouachita is going to damage the Memorial. I would 
 like to see all of our rivers improved ; and if I had my way, they would 
 be all improved by being dried up and crossed by railroads. But the 
 rivers in the southern part of the State have as much need of improve- 
 ment as any in the State. I cannot see what objection there cain be to 
 adding a prayer for the improvement of the navigation of the Ouachita ; 
 and I shall vote for the amendment. 
 
 { 297 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF TUB [Friday, 
 
 Navigation of Arkansas Rivor.-IIINDS-KYLE-POBTIS-OYPMET. 
 
 Mr. I-IDSTDS. We have no objection to pursuing the course of asking 
 from Congress an appropriation for the improvement of the Ouucliita. 
 But there are certain reasons assigned, in this Monioriiil, why the Arkansas 
 should be improved. If the gentleman [Mr. PoiiTis] will preiiurc a me- 
 morial setting forth the reasons for that improvement, we mny properly 
 consider it; but to add the case of the Oiiachita to ihis Memorial, would 
 involve confusion. The reasons set forth in tlie ono case arc not appli- 
 cable to the other; and if we place tlio i)aper before ContrrcHs, the roasons 
 in favor of an appropriation for the Ouachita aro not iucludwl. It is for 
 the interest of the whole State to see this river improved. I huvo no 
 doubt that when any gentleman shall submit a memorial pra.ying an ap- 
 propi-iation for the improvement of the Ouachita, I shall, at least, have no 
 objections, to asking that, too, from the Oeneral Oovenmiont. 
 
 Mr. KYLE. I regret to see so much time taken up in the discussion of 
 this question. It certainly appears scarcely advisable, in the present im- 
 poverished condition of the country, to be asking for money for improvo- 
 ineilts in the navigation of rivei's. But as an amendment has boon offered 
 to include Ouachita River, I propose to amend the amendment, by asking 
 one hundred thousand dollars for Ouachita liivor. We'shall then be ask- 
 ing one hundred thousand for each of the two rivers. The amendment, 
 by including Ouachita Eiver, leaves but one hundred thousand to bo 
 appropriated to the two, — which would amount to nothing. 
 
 Mr. PORTIS accepted the amendment. 
 
 Mr. HINDS. I think we may perhaps be able to settle this matter — if 
 the gentleman v?ill withdraw his amendment — by such a resolution as the 
 following. We can then vote upon the proposition, in an iiitolligiblo 
 way. It certainly would not be a very intelligent memorial, as it stands, 
 should it be amended as now proposed. 
 
 Besolved : That a committee of three, of whom Mr. J'miTis shall bn Oliair- 
 man, be appointed to draft a memorial to CoiigTOHs for l.hu improvoinuiit oi' 
 the Ouachita Eiver. 
 
 I think that will satisfy the gentleman from Ouachita [Mr. Pohtis], and 
 at the same time relieve both propositions IVom the ombarraHsment which 
 must be occasioned by their being joined in one paper. 
 
 Mr. PORTIS. I accept the proposition, and, wilh the consent of the 
 gentleman from Dallas [Mr. Kylk] withdraw my amendment. 
 
 No objection being made, 
 
 The amendment was accordingly withdrawn. 
 
 Mr. CYPEUT moved, as an amendment to the motion I'or the adoption 
 of the Report, that the Report be recommitted, with instructions to in<iuire 
 ( 298 ) 
 
Jan. 24th.J AliKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 Navigation of Arkansas River.— GENERAL DEBATE. 
 
 into the expediency of memorializing Congress for Government aid in the 
 improvement of the navigation of the Arkansas, White, and Ouachita 
 Rivers. 
 
 Mr. HINDS. I would again suggest, that reasons are stated, in the 
 Memorial reported, which are applicable to the Arkansas, and not to other 
 rivers ; and I think the bettor plan will be, to adopt the Report of the 
 Committee as the action of the Convention in regard to the Arkansas 
 River, and then let gentlemen propose such further memorials to Congress, 
 in relation to improvements in the navigation of other rivers, as they may 
 see proper. I think the Convention will be disposed to act in such a way 
 as to attain the objects desired. 
 
 Mr. CYPERT. I wish to add, to the rivers named in my amendment, 
 the St. Francis. I wish to include all the principal rivers in the State, 
 and let the Memorial be reported back to the Convention, in proper form 
 for the attainment of the object. If there is to be any special legislation 
 here, if we are to favor one portion of the State, I want it in the shape 
 of a report from that Committee. 
 
 Mr. BROOKS. I had hoped we might adhere to the policy wisely in- 
 dicated, I think, by the honorable gentleman from Ouachita [Mr. Portis], 
 in withdrawing his proposed amendments. Let each one of these enter- 
 prises be brought before the Convention, and placed before Congress, on 
 its specific merits. Certainly, a very limited acquaintance with the politi- 
 cal history of the "West, will satisfy any gentleman that this kind of om- 
 nibus arrangement is just as certain to be defeated as that the attempt is 
 made. That is the history, without a solitary exception, of movements of 
 this kind in the Western States. If we really desire to defeat the entire 
 scheme, let us pile on the Ouachita and the St. Francis, the Black and 
 the Languille — for we have, absolutely, eight miles of navigation on the 
 Languille, especially when the Mississippi is high, and' backs it up. Let 
 us pile on amendments, and make an omnibus matter of the proposition, 
 and we will kill it " deader than Csesar." Let each proposition stand upon 
 its merits, and we may succeed. That is the way business men would act. 
 If we want to deal with business matters in a business way, let us take 
 that course. If we want to make political capital out of these business 
 matters, let us go at it, and make all the Buncombe we can. 
 
 Mr. HODGES, of Pulaski. This Committee may not be familiar with 
 the interests of each of these rivers. I am in favor of having a separate 
 committee on the subject of each. We may then obtain such information 
 as we need, upon each; and for one, I pledge myself to vote for the me-. 
 
 morial. 
 
 Mr. DUVALL. I would like to have Black River included. I have a 
 reason. If the people of this State can be benefited by the improvement 
 of any river, it is Black River. That river is navigable to Pocahontas. 
 
 ( 299 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Friday, 
 
 County-seat of Little Eiver County.— OYPERT—McOLUKE. 
 
 "With a little improvement, it can be navigated much further. That 
 country abounds with provisions and could greatly relieve the distress 
 of the State if practicable means of communication were once opened. 
 There is a plenty there, now, at low prices, if it could only be reaphed. 
 
 I move to amend by adding "Black Eiver" to the list. 
 
 The question was taken on the amendment; and the amendment was 
 not agreed to. 
 
 The question was then taken upon the amendment offered by Mr. Cy- 
 PERT, that the Eeport be recommitted, with instructions to inquire into the 
 expediency of memorializing Congress for Government aid in the improve- 
 ment of the navigation of the Arkansas, "White, and Ouachita Rivers; and 
 the motion was not agreed to. 
 
 Mr. MERRICK moved to amend by inserting "Red River." 
 
 The question was taken; and the amendment was not agreed to. 
 
 Mr. McCOWK I move to amend by inserting " Big Creek." [Laugh- 
 ter.! It runs through Columbia County, makes an outlet into some lakes 
 there, and at last finds its way into Red River. I think it highly impor- 
 tant that it should be inserted. [Laughter.] ' 
 
 Mr. BROOKS. Does the gentleman mean that Big Creek is a tribu- 
 tary of the 
 
 The PRESIDENT. The Chair does not know what the gentleman 
 means. 
 
 The question was taken; and the amendment was not agreed to. 
 The question was then taken upon the adoption of the Report; and the 
 motion was agreed to. 
 
 COUNTY-SEAT OP LITTLE RIVER COUNTY. 
 
 Mr. BEASLEY, on behalf of the Committee, submitted the following 
 
 EBPOET OF COMMITTEE ON BOUNDARIES 
 UPON THE LOCATION OP OOUNTY-SEAT OP LITTLE RIVER COUNTY. 
 
 The Committee on Boundaries report back the resolution appointing Cora- 
 missioners to locate the County-seat of Little Eiver County, and recommend 
 its passage. 
 
 Mr. CYPERT. I do not wish to oppose the gentleman's project; but; 
 the statute does amply provide for this whole subject; and if we are to 
 enter upon such business, it does seem to me we are frittering away the 
 time of the State. The County Commissioners are empowered to appoint 
 Commissioners for this very purpose. 
 
 Mr. McCLURE. I am informed that this County is in a somewhat pe- 
 culiar position— though I do not know how the case may stand with other 
 
 ( 300 ) 
 
Jan. 24th.J AEKANSAS CONSTITUTIONAL CONVENTION". [15tli Day. 
 County-seat of Little Kiver County.— BROOKS— MONTGOMERY— OTPERT. 
 
 counties. This one was formed by the last Legislature. Its people have 
 no court; they are attached to no judicial district. They are, practically, 
 without a government at all. For these reasons, I shall favor the action 
 proposed. 
 
 Mr. BROOKS, I suppose the honorable gentleman from Arkansas 
 [Mr. McClure] was correctly informed. If they are without organiza- 
 tion, without courts, without government, I do not think they need any 
 county-seat. I think that we shall do well to go quietly, and with as much 
 sobriety as may be, with regard to these matters. I am not fastidious, as 
 is well known, with regard to the prerogatives of this Convention ; but I 
 think we ought to see a clear necessity before taking action of this kind. 
 The question is a purely local one; and evidently, from the statements of 
 gentlemen here, there is no pressing necessity for action upon the subject. 
 We hope it will be but a few short weeks before the General Assembly,* 
 under the Constitution which we shall frame here, will be within these 
 halls ; and I do think the people of this County will be able to struggle 
 through, during this starvation period, until we can organize the proper 
 tribunal to attend to the matter. 
 
 Mr. MONTGOMERY. I happen to know something, personally, of this 
 Little River County. The Act of the last Legislature, to which reference 
 is made, is partially unconstitutional. The Act placed that County in the 
 Ninth Judicial Circuit. The existing Constitution of the State of Arkan- 
 sas declares, I believe, that no circuit shall include over seven counties. 
 Little River made the eighth county in that Circuit. It is entirely " out in 
 the cold," as far as judicial proceedings of this State are concerned; belong- 
 ing, as it does, to no circuit. Through mismanagement, fraud, and every 
 conceivable trick, it has been undertaken to locate the County-seat in a 
 pine-swamp. The desire of the citizens of that County, to-day, is, that 
 the C(1tinty-seat may be temporarily located at some point where there are 
 some buildings. The County-seat, to-day, is placed five miles from any 
 house; and nothing has been done, or undertaken, toward holding courts, 
 or anything of the kind. Administration business, orphans' business, and 
 everything of that nature, is going by the board, in that County ; and the 
 people have no way, unless through this. Convention, of procuring any 
 remedy for these evils. This project was organized by a set of tricksters 
 opposed to the organization of the new County, and who desired to render 
 null and void the action of the last Legislature. "We are the only body to 
 which the people of the County can resort for assistance in this matter; 
 and I do not believe that we are transcending the powers of the people of 
 Arkansas, when we direct that three men shall locate the County-seat, to 
 remain as such until a regular organization of the County shall be effected. 
 
 Mr. CYPERT. Just as I expected. There is a local feeling; and it is 
 deemed desirable to bring the matter, for decision, before people who have 
 
 ( 301 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Friday, 
 
 County-seat of Little Eiver County.— MONTGOMERY— CYPERT—GANTT— GREY. 
 
 no knowledge of the facts. If there is no county court, what do they 
 want with a couuty-seat ? 
 
 Mr. MOISTTGO^MEEY. If the gentleman will allow me, I will correct 
 that impression. It is an erroneous one. An election of County officers 
 was held, on the first of this month, after the passage of the Reconstruc- 
 tion Act, — by the people of the County ; and every person voted, whether, 
 under the recoustrijction measures, he had a right to vote, or not. That 
 election was set aside by the military authorities, and a new election had. 
 The result of that election we have not received. TJie County officers 
 have no place for the transaction of business. 
 
 Mr. CYPERT. They have power to call for the election of Commis- 
 sioners to locate a county-seat. The matter is a purely local one. If we 
 are to legislate for the domestic affiiirs of that County, it has no need of a 
 •county-seat. There has been inaugurated, in our government, a system 
 of that kind, that may be popular, and may strike the tancy of gentlemen 
 on this floor ; but I have not been used to it, and do not like it. 
 
 Mr. GANTT. I desire, only, to say, that if true, as stated on the floor 
 yesterday, that the last Legislature was an unconstitutional and illegal 
 body, the act, creating this County is null and void, and there is no county 
 of Little River. If there is no county, there is no necessity of establishing 
 a county-seat. 
 
 Mr. MONTGOMERY. I will say one word further, in regard to this 
 matter of the appointment of Commissioners by the County. That was 
 done in violation of the Reconstruction Laws ; and this is the reason why 
 we think we have as much authority in this matter, as General Ord, or 
 any one else. 
 
 Mr. GREY, of PhiUips. It was under the representations made by 
 gentlemen here, that I signed that Report. I was under the impression 
 that the matter was one which belonged especially to the peoplaof the 
 County ; but in the onerous position in which they were placed, the Chair- 
 man of the Committee informed me, it was necessary that something 
 should be done. Presuming that to be the best means of getting at the 
 desired result, I signed the Report to that effect. 
 
 The question being upon the* adoption of the Report, 
 Mr. HICKS asked for the yeas and nays, 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative,— Yeas, 32, 
 Nays, 33, as follows : 
 
 Yeas : Messrs. Beasley, Belden, Brashear, Coates, Corbell, Exon Gray of 
 
 Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Houghton, Hutchinson, 
 
 Langley, Mallory, Merriclc, Montgomery, Murphy, McClure, Oliver, Priddy, 
 
 ( 302 ) > > J, 
 
Jan. 24th.] ARKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 Report of Committee on Executive Department. 
 
 Eawlings, Rector, Rounsaville, Samuels, Sarber, Scott, Snyder, White, Williams, 
 Wyatt, and the President— 32. 
 
 Nays : Messrs. Bell, Brooks, Cypert, Dale, Duvall, Evans, Gantt, Hicks, 
 Ilinklo, Ilollis, Hodges of Crittenden, Hodges of Pulaski, Hogo, Kyle, Mason, 
 Matthews, Misner, Millsaps, Moore, Norman, Owen, Poole, Portis, Puntney, 
 Reynolds, Saras, Shoppach, Sims, Smith, Van Hook, Walker, Wilson, and 
 Wright— 33. 
 
 So the Report was rejected. 
 
 EXECUTIVE DEPARTMENT. 
 
 Mr. SNYDER, on behalf of the Committee, presented the following 
 
 REPORT OP COJEMITTEB ON EXECUTIVE DEPARTMENT. 
 
 The Executive Committee of the Constitutional Convention of the State of 
 Arkansas, bog leave to report the following : 
 
 Section One. The Executive Department of this State shall consist of a 
 Govex-nor, Lieutenant Governor, Secretary of State, Auditor, Treasui'er, and 
 Attornojr-General, all of whom shall hold their several offices for the term of 
 four 3'ears, and until their successors are elected and qualified. They shall be 
 chosen by the qualified electors of this State, at the times and places of choos- 
 ing the members of the General Assembly. 
 
 Section Two. The supreme executive power of this State shall be vested in 
 the Governor. 
 
 Section Three. No person shall be eligible to the office of Governor or Lieu- 
 tenant Governor, who shall not have attained the age of twenty-five years, who 
 shall not have been five years a citizen of the United States, who shall not, at 
 the time of his eioetion, have had an actual residence in this State for two 
 years n«xt preceding his election, and who shall not be a qualified elector as 
 prescribed in this Constitution. 
 
 Section Pour. In elections for Governor and Lieutenant Governor, the per- 
 son having the highest number of votes shall be declared elected. But in case 
 that two or more persons shall have an equal, and the highest, number of votes, 
 for Governor or Lieutenant Governor, the General Assembly shall by joint 
 vote choose one of such persons. The Governor shall be Commander-in-Chief 
 of the military and naval forces of the State, and may call out such forces to 
 execute the laws, suppress insurrections, repel invasions, or preserve the public 
 peace. He shall transact all necessary business with other officers of the 
 State Government, and may require information, in writing, of the officers of 
 the Executive Department, upon any subject pertaining to the duties of their 
 respective offices. 
 
 Section Five. It shall be the duty of the Governor to see that the laws are 
 faithfully executed. 
 
 Section Six. He may convene the Legislature on extraordinaiy occasions. 
 
 ( 303 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Friday, 
 
 Report of Committee on Executive Department. 
 
 Section Seven. He shall give to the General Assembly, and, at the close of 
 his official term, to the next General Assembly, information, by Message, con- 
 cerning the condition of the State, and recommend such means, to their con- 
 sideration, as he may deem expedient. 
 
 Section Eight. He may convene the General Assembly at some other place, 
 when the seat of government becomes dangerous from the prevalence of dis- 
 ease, or the presence of a common enemy. 
 
 Section ]N"ine. He may grant reprieves, pardons, and commutations, after 
 conviction, for all offences, except treason and cases of impeachment, upon such 
 conditions, and with such restrictions and limitations, as he may think proper; 
 subject, however, to such regulations as may be prescribed by law, relative to 
 the manner of applying for pardons. Upon conviction for treason he may 
 suspend execution of the sentence until the matter shall be reported to the 
 General Assembly at its next session, when the General Assembly shall either 
 pardon, commute the sentence, direct the execution of the same, or grant a 
 further reprieve. The Governor shall communicate to the General Assembly, 
 at each session, information concerning each case of pardon, reprieve, or com- 
 mutation, granted, and the reasons therefor. 
 
 Section Ten. In case of the impeachment of the Governor, his removal from 
 office, death, resignation, inability, or removal from the State, the powers and 
 duties of the Governor shall devolve upon the Lieutenant Governor, during the 
 residue of the term, or until the disabilities of the Governor are removed. 
 
 Section Eleven. During a vacancy in the office of Governor, if the Lieu- 
 tenant Governor resign, be impeached, displaced, absent from the State, or 
 incapable of acting, the President pro tempore of the Senate shall act as Gov- 
 ernor, until the vacancy be filled, or the disability cease. 
 
 Section Twelve. The Lieutenant Governor shall, by virtue of his office, be 
 President of the Senate ; and when there is an equal division he shall give the 
 casting vote. 
 
 Section Tiiiiiteen. No member of Congress, or any person,holding any office 
 under the United States, or this State, shall execute the office of Governor. 
 
 Section Eoueteen. The Lieutenant Governor and the President of the 
 Senate pro tempore, while performing the office of Governor, shall receive the 
 same compensation as the Governor. 
 
 Section Fifteen. All official acts of the Governor— his approval of the laws 
 excepted— shall be authenticated by the great Seal of the State, which Seal 
 shall be kept by the Secretary of State. 
 
 Section Sixteen. The Governor shall, by and with the advice and consent 
 of the Senate, appoint a convenient number of Notaries Public, not to exceed 
 six for each county, who shall discharge such duties as are now, or as may 
 hereafter, be prescribed by law. 
 
 Section Seventeen. All commissions issued to persons holding office under 
 the provisions of this Constitution, shall be in the name, and by the authority, 
 of the people of the State of Arkansas,— sealed with the Great Seal of the State, 
 signed by the Governor, and countersigned by the Secretary of State 
 
 Section Eighteen. The Secretary of State, State Treasurer, Auditor of 
 ( 304 ) 
 
Jan. 24th.J AEKANSAS CONSTITUTIONAL CONYBNTION. [15th Day. 
 
 Eeport of Committee on Executiva Department. 
 
 State and Attorney-General shall severally reside, and keep all public records, 
 books, papers, and documents, which may pertain to their respective offices, at 
 the seat of government. 
 
 Section Nineteen. The returns of every election for Governor, Lieutenant 
 Governor, Secretary of State, State Treasurer, Auditor of State, and Attorney- 
 General, shall be sealed up and transmitted to the seat of Government by the 
 returning officers, and directed to the presiding officer of the Senate, who dur- 
 ing the first week of the session shall open and publish the same in presence 
 of the members then assembled. The person having the highest number of 
 votes shall be declared elected; but if two or more shall have the highest and 
 equal number of votes for the same office, one of them shall be chosen by a 
 joint vote of both houses. Contested elections shall likewise be determined 
 by both houses of the General Assembly, in such manner as is or may hereafter 
 be prescribed by law. 
 
 Section Twenty. The Secretary of State shall keep a fair record of all offi- 
 cial acts and proceedings of the Governor, and shall, when required, lay the 
 .same, and all papers, minutes, and vouchers, relative thereto, before the General 
 Assembly, and shall perform such other duties as are now, or may hereafter 
 be, prescribed by law. 
 
 Section Twenty-one. The Auditor of State, State Treasure^ , and Attorney- 
 Genera:l, shall perform such duties as are now, or may hereafter be, prescribed 
 by law. 
 
 Section Twenty-two. In case of the death, impeachment, removal from the 
 State, or other disability, of the Secretary of State, State Treasurer, Auditor 
 of State, or Attorney-General, the vacancies in their several offices, thus occa- 
 sioned, shall be filled by appointment of the Governor, which appointment 
 shall be made for the unexpired terms of said officers, or until said disabilities 
 are removed, or until elections are held to fill said vacancies. 
 
 Section Twenty-three. The officers of the Executive Department, men- 
 tioned in this article, shall, at stated times, receive for their services a compen- 
 sation to be established by law; which shall not be diminished during the period 
 for which they shall have been elected. 
 
 Section Twenty-eour. The officers of the Executive Department shall not 
 be eligible, during the period for which they may be elected or appointed to 
 their respective offices, to any position in the gift of the qualified electors, or 
 of the General Assembly of this State. 
 
 O. P. Snyder, 
 Chairman of Executive Committee. 
 
 Mr. HODGES, of Pulaski, moved that the Eeport be laid upon the 
 table, that one hundred copies be printed for the use of the members of 
 the Convention, and that it be made the special order of the day for 
 Thursday, January 30th. 
 
 The question was taken, and the motion was .agreed to. 
 
 20 ( 305 ) 
 
1868.] DEBATES AND PEOOEBDINGS^ OF THE [Friday, 
 
 Sale of Arkansas Hot Springs — Kemoval of Papers from Secretary's Desk. 
 
 SALE OF ARKANSAS HOT SPRINGS. 
 
 Motions and resolutions being in order, 
 
 Mr. HIISTDS presented the following resolution : 
 
 Mesolved: That a committee of three be appointed by the Chair, to draft a 
 memorial to Congress, setting forth the necessity for, and asking the public 
 sale of, the Arkansas Hot Springs. 
 
 Mr. BEOOKS. I hope we will not take that kind of action hastily. 
 From all I know with respect to the subject — and I am not wholly with- 
 out information, — I think, perhaps, the action indicated is a correct one; 
 but I greatly prefer that we refer the resolution to a committee, to inves- 
 tigate and report upon the subject, rather than to adopt a resolution direct- 
 ing a committee to take so important a step, of this nature, without having 
 the facts previously placed before the Convention. I think it far better 
 that we take measures to secure a full understanding. If we shall then 
 come to the conclusion to adopt the resolution, we shall be able to satisfy 
 our own minds, and to satisfy others, with regard to the action to be taken. 
 
 I therefore move to refer the resolution to a committee of three, with 
 instructions to consider and report upon the propriety of memorializing 
 Congress upon the subject. 
 
 The question was taken ; and the motion was agreed to. 
 
 REMOVAL OF PAPERS FROM THE SECRETARY'S DESK.- 
 
 Mr. McCLUEE presented the following resolution: 
 
 Eesolved : That hereafter no record, resolution, or other paper, shall be re- 
 moved from the Secretary's desk, for any purpose, without the order of the 
 President of the Convention. 
 
 Mr. BEOOKS. I would suggest to the honorable member, to amend by 
 adding, "without the consent of the Secretary." The Secretary might 
 be perfectly willing to entrust to a member, for a few moments, without 
 the order of the President, a paper lying upon the desk. If, however, the 
 Secretary does not feel that he can assume the responsibility of denying 
 members that privilege, I have no objection to the resolution as it stands. 
 I should prefer, if I were at the desk myself, to have that kind of dis- 
 cretion. 
 
 Mr. CYPEET said he presumed the resolution originated from the fact 
 of his having taken a paper from the desk, for the purpose of examination. 
 He had done so as one of the Committee on the Eevision of the Journal, 
 ( 306 ) 
 
Jan. 24th.] AEKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 
 Committee on Arkansas Hot Springs. 
 
 and with a view of making a report. The privilege of thus examining 
 papers was indispensable to the performance of the duty assigned the 
 Committee. If a member engaged in that duty should mutilate the 
 paper, he would be responsible. 
 
 Mr. McCLURE disavowed, on his own part, any such motive in the 
 introduction of the resolution. On the preceding day, members had gone 
 to the Secretary's desk, had taken from it a resolution then under con- 
 sideration of the Convention, had left untouched as much of it as they 
 wanted, torn the paper in two, and thrown away what they considered the 
 surplus. When the Secretaries came to make up the record, they found 
 themselves embarrassed by the discovery that one-half the original resolu- 
 tion was taissing; and, this morning, he [Mr. McClure] had to supply, 
 from memory, an amendment to the resolution which he had introduced. 
 
 Mr. BROOKS. I have to say, as far as I am concerned, as an individual 
 member of the Convention, that if there is any member here who pursues a 
 course of that kind, I am for having charges preferred, putting him around 
 the ring on the double-quick, and having the 8ergeant-at-Arms show him 
 the hole that the carpenters made. The act is an outrage — it is criminal. 
 I did not suppose it necessary that we should protect ourselves against 
 that kind of raiding. I supposed the days of raids were over, here. I 
 regard the resolution, in the light of this explanation, as not so much a 
 movement to protect the Secretaries, as to protect the honor, the common 
 honesty, and respectability, of the body, against the acts of thoughtless, 
 criminally thoughtless members of the Convention. If the mutilation has 
 been inadvertent, that is a different matter. Of course, such inadvertence 
 would be pardoned. 
 
 Mr. McCLXJIiE. I do not think it was intentional. 
 
 Mr. BROOKS. I should hope not, certainly. 
 
 I move to amend the resolution by adding, " without the consent of the 
 Secretary." 
 
 The question was taken; and the amendment was agreed to. 
 The question was then taken on the resolution as amended; and the 
 resolution was adopted, 
 
 COMMITTEE ON THE ARKANSAS HOT SPRINGS. 
 
 The PRESIDENT announced the Special Comtnittee on the Hot 
 Sppngs of Arkansas, as follows : 
 Messrs. Hinds, Brooks, and McClubb.* 
 
 — « — ■ — 
 
 * Messrs. Snyder and Coatbs, also, were appointed upon this Committee; but the reso- 
 lution having called for a committee of three only, the names of .those gentlemen were 
 stricken out before the making up of the day's journal,;^EBPOKTKE. 
 
 ( 307 ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Friday, 
 
 Navigation of Ouachita and Ked Rivers — Continuance of Preedmen's Bureau. 
 
 NAVIGATION OF OUACHITA AND RED RIVERS. 
 
 Besolved : That a Committee of three, of whom Mr. Portis shall be Chair- 
 man, be appointed, to draft a memorial to Congress for the improvement of the 
 Ouachita Eivcr. 
 
 Mr. MONTGOMERY moved to amend by adding the following : 
 
 Eesolved : That the Committee on Memorials be instructed to report a memo- 
 rial to Congress, asking for an appropriation for the purpose of improving the 
 navigation of Eed Eiver, to facilitate government transportation of mails and 
 government stores to the Indian country. 
 
 Mr. HINDS moved to amend the amendment by striking out the word 
 " report," and inserting, instead thereof, the words, " inquire into the 
 expediency of reporting." 
 
 The question was taken ; and the amendment was agreed to. 
 
 Mr. MONTGOMERY. I think the resolution was ri^cht as it stood oriffi- 
 nally. I would like to state the reasons why I desired it in that form. 
 Red River, although probably not as navigable, in some parts of the year, 
 as some others, is one of the most important rivers of the State. 
 
 Mr. HINDS. I rise to a point of order. The amendment has already 
 been declared by the Chair as adopted. 
 
 The PRESIDENT. The point of order is well taken. 
 
 The question was then taken on the resolution as amended ; and the 
 resolution was adopted. 
 
 CONTINUANCE OF THE FREEDMEN's BUREAU. 
 
 Mr. SCOTT presented the following resolution : 
 
 . Eesolved: That a special committee be appointed, to memorialize Congress 
 to continue the Freedmen'a Bureau until the State is reconstructed ; and that 
 the Committee to ^vhom this resolution is referred be instructed to report by 
 Monday morning, January 27th. 
 
 Mr. CYPERT asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative,— Yeas 
 47, Nays 18, as follows : 
 
 Yeas: Messrs. Beasley, Belden, Bell, Brashear, .Brooks, Coates, Dale, Bxon, 
 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, 
 
 Hollis, Hodges of Pulaski, Houghton, Hutchinson, Kyle, Langley, Mallory, 
 
 Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Oliver, 
 
 ( 308 ) 
 
Jan. 24th.] AEKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 Per Diem of Delegates from Ashley County.— KYLE— MATTHEWS— BKOOKS. 
 
 Portis, Priddy, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, 
 Smith, Snyder, Yan Hook, Wilson, White, Williams, Wyatt, and the Presi- 
 dent— 47. 
 
 Nays : Messrs. Cypert, Duvall, Evans, Gantt, Hicks, Hodges of Crittenden, 
 Hoge, Mason, Matthews, Moore, Norman, Owen, Puntney, Eeynolds, Shoppach, 
 Sims, Walker, and Wright — 18. 
 
 So the resolution was adopted. 
 
 PER DIEM OF THE DELEGATES FROM ASHLEY COUNTY. 
 
 Mr. KYLE presented the following resolution : 
 
 Whereas, Messrs. George Norman and W. D. Moore, delegates from the 
 County of Ashley, would have appeared in their seats on the day of the or- 
 ganization of this Convention, and by no fault of theirs were prevented froni 
 so doing. 
 
 And whereas, it is but just that they should receive per diem from said first 
 day of the Convention. 
 
 Therefore be it resolved : That the Secretary of this Convention do issue to 
 them the necessary certificates to enable them to draw said pay. 
 
 Mr. MATTHEWS said, in support of the resolution, that these gentle- 
 men were in his town, on the morning of his departure to attend the ses- 
 sion of the Convention, and had there met the order revoking the election. 
 They could have been home but a day or two, before the order was re- 
 scinded; so that, in consequence of their election, they had been absent 
 from their home and business as much as any other members of this Con- 
 vention. The resolution was an eminently proper one. 
 
 Mr. BROOKS inquired whether the gentlemen in question were in 
 Little Rock at the opening of the Convention, ready to, take their seats. 
 
 Mr. MATTHEWS replied, that they had started in due time, and at 
 Monticello had met the order revoking their election. 
 
 Mr. BROOKS. I move to insert the words, "from the time of their 
 arrival here." I offer this amendment, with this view ; that while, doubt- 
 less, it was not the fault of the honorable members that they were not 
 here, neither was it the fault of the Convention. If the gentlemen were 
 prevented, by military orders respecting the Election, from being present 
 at the opening of the Convention, that was their misfortune. But, sir, 
 I take it that we would not be justified in voting members their per diem 
 for time when they were not here. It may not have been, and was not, 
 their fault. But a railroad train might have run off the track, or a steam- 
 boat sunk, with some of the rest of us, and we might, in consequence, have 
 failed to arrive until this period. Such an event might have been a mis- 
 fortune to us; but the State ought not to be required to pay us unless we 
 were actually here to enter upon our duties, no matter what detained us. 
 
 ( 309 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Friday, 
 
 Per Diem of Delegates from Ashley County.— GENERAL DEBATE. 
 
 Mr. MALLORY. I do not think the Convention, which has been so 
 liberal respecting pay and mileage, — giving fifty cents a mile and ten dol- 
 lars a day, — should be so tenacious as to the pay of a couple of members. 
 After the statement of the gentleman from Drew [Mr. Matthews], I can- 
 not, being in favor of obedience to the military authorities, think other-: 
 wise than that these gentlemen came here as soon as they in propriety 
 could. I advocate the amendment, from the fact that they started, the 
 first time, without orders. 
 
 Mr. MATTHEWS [in his seaf] They did, sir. 
 
 Mr. HOLLIS. I arrived here three days after the Convention met, and 
 on account of a second election. I want to know if I will be entitled to 
 per diem from the time the Convention met. I ask for information. 
 
 Mr. SARBER moved to amend by inserting, after the names of Messrs. 
 Moore and Norman, the name of Mr. Merrick. 
 
 Mr. BROOKS. Upon the development of these facts, I would, if it 
 would meet the views of the Convention, greatly prefer, since it appears 
 that there are other gentlemen in similar situation, to refer this whole 
 matter to a prudent committee, to settle the whole question. I have, cer- 
 tainly, nothing of a personal or political character influencing me with 
 reference to the amendment which I ofier. I would not wish to be an 
 agent in preventing any gentleman*from receiving honorable and ample 
 compensation for his services. There seem to be more cases, of this kind, 
 than one; and I think we had better refer the question to a prudent com- 
 mittee. We can then have no personal or political motive assigned to our 
 action, whatever may be determined. I would say, to my friend on the 
 right [Mr. Mallory] that I was not of the number who voted for ten dol- 
 lars per day and fifty cents mileage, until it came to a final vote on the 
 question. That matter is not now under consideration, it is not a question 
 of a trifle on the balance-sheet of the State, one way or the other, but 
 simply that of doing these things in a business way, no matter who is 
 interested. I hold it scarcely well that we should establish a precedent of 
 the kind proposed. ISTo matter what was the occasion of the detention of 
 these gentlemen, that was their misfortune. 
 
 If it be in order, I would move that this subject — I mean, the resolution, 
 and the general subject embraced "in this or any other resolution of the 
 kind— be referred to a select committee of three, with instructions to report. 
 
 Mr. KYLE. I would like to see the rule enforced, which requires that 
 members shall not address the Chair more than once upon the same sub- 
 ject, when there are others who wish to speak. 
 
 Mr. BROOKS. I would wish to explain. If there is anything I desire, 
 
 in deliberative bodies, it is that I should myself be in order. I cast my 
 
 eye around to see if there was any one desiring the floor. If I made an 
 
 error in my observation, I ask pardon of the Chair, and of the Convention. 
 
 ( 310 ) 
 
Jan. 24th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [15th Da3^ 
 Per Diem of Delegates from Ashley County.— KYLE— McCLUiRE. 
 
 The PEESIDENT. The Chair understood the gentleman from Phillips 
 [Mr. Brooks], in any event, to introduce a new proposition. 
 
 Mr. KYLE. I rose, three times, to catch the eye of the President, and 
 did not succeed. As my friend [Mr. Brooks] had spoken before, and, 
 under the rules, was not again entitled to the floor until all others had 
 spoken who might so desire, I felt at liberty to offer the remark which I 
 made. His apology is good. 
 
 I hold that these gentlemen, according to all the rules of deliberative 
 bodies, are entitled to their pay. They were members elect, for the fact 
 has been so proven ; and it is not their fault that they were not here when 
 the Convention first assembled. They made their arrangements, left their 
 homes, and were on their way to attend to the people's business. They 
 met with the order remanding the election in their County back to the 
 people. Of course, it became their duty to attend to their interests before 
 their constituents. They did so. It turns out, however, upon examina- 
 tion by the commanding G-eneral, that they were legally elected, and en- 
 titled to their seats. They are duly notified to appear here as members 
 from Ashley County; and they accordingly coihe here. They have been 
 at as much expense, in coming here, as the rest of us. It is the custom 
 of deliberative bodies, when a member is prevented, by no fault of his, — 
 by injustice done, or anything else that may detain him, — from attendance 
 at the opening of the session, to place him, in the matter of pay, upon an 
 equal footing with the rest of the members, and allow him his compensa- 
 tion from the commencement of the session. 
 
 As regards those members whose elections were declared informal, and 
 in whose cases new elections actually took place, and they were re-elected 
 to this body, — as in the case of my honorable friend from Lafayette County 
 [Mr. Merrick], — an entirely different question is presented. In that in- 
 stance, there was an entirely new election. The gentleman was elected, 
 to be sure; but it is for the Convention to say whether he shall receive 
 his pay from the beginning. 
 
 I hope the amendment of the gentleman from Phillips [Mr. Brooks], 
 so far as it regards the case of the gentlemen from Ashley, will not prevail. 
 
 Mr. MoCLUEE. I believe this now stands before the Convention as a 
 question of reference. 
 
 The PPESIDEITT. It is a question of reference. 
 
 Mr. McCLURE advocated the passage of the original resolution. A 
 case of clear justice was to be treated purely upon its merits; and no 
 personal or political motive should be allowed to disturb the judgment 
 of the Convention. Two reports had been submitted by the Committee 
 on Elections, both of which acknowledged the right of these gentlemen 
 to their seats. There seemed to be no reason to doubt that they were 
 on their road, to attend the session of the Convention, at such time as 
 
 (311 ) 
 
1868.] DEBATES AND PEOCEEDHSTGS OF THE [Friday, 
 
 Expenses of Convention.— MATTHEWS— McCLUBE. 
 
 would have brought them to Little Eock at the date of assembly. En- 
 countered by an order revoking their election, they had returned home, 
 clearly in accordance with their duty, only to receive a counter-order de- 
 claring the validity of their election. He would submit, to the Conven- 
 tion, the simple principle of justice. Is not the laborer worthy of his 
 hire ? The expense attending the circumstances in which these gentlemen 
 had been placed by the orders of the commanding General of the District, 
 was of a character that entitled them to compensation. He insisted that 
 if these members had started from home, been taken sick on the road, 
 and brought to the Cajjital on the last day of the session, they were en- 
 titled to their pay, for the obvious reason that they had started, in good 
 faith, to perform a public duty. If they had neglected their duty, the ease 
 would have presented a different aspect. He would therefore insist that 
 they should be paid from the date of the assembling of the Convention. 
 
 Mr. MONTGOMERY said he should favor the reference to a commit- 
 tee, in order that some general rule might be adopted, which should meet 
 all cases of the kind that might come before the Convention. 
 
 The question was taken on the amendment, to refer the entire subject ' 
 to a special committee of three ; and the motion was not agreed to. 
 
 The question was then taken on the amendment to insert the name of 
 Mr. Mbrbick ; and the amendment was agreed to. 
 
 The question was then taken on the amendment to insert the name of 
 Mr. HoLLis ; and the motion was agreed to. 
 
 The question was then taken upon the resolution as amended ; and the 
 resolution was adopted. 
 
 EXPENSES OF THE CONVENTION AGAIN. 
 
 Mr. MATTHEWS. I gave notice, the other day, of my intention to 
 move a reconsideration of the " Ordinance raising revenue for the pur- 
 pose of defraying expenses of Constitutional Convention." I had not then 
 determined whether or not I should do so, but wished not to be precluded 
 from so doing, from want of notice ; and I am not yet satisfied of the 
 propriety of the action ; yet, as there are some gentlemen here who would 
 have given the notice if I had not, I now move the reconsideration. 
 
 Mr. McCLURE. If in order, I desire to give a reason why I shall vote 
 in favor of the reconsideration. As this Ordinance now stands, it pro- 
 vides that the Treasurer shall issue his warrant, payable from any amount 
 collected by the taxes of 1868. I think, sir, that this would be a better 
 ordinance, if the words " out of any funds arising from taxes collected on 
 the assessment of 1868," were stricken out, and the following words in- 
 serted : " out of any funds arising from taxes that may come into the 
 Treasury after the passage of this Ordinance." The object of the amend- 
 ( 312 ) 
 
Jaa. 24th.J AEKANSAS CONSTITUTIONAL CONVBNTIOlSr. [15th Day. 
 Expenses of Convention.— GENERAL DEBATE. 
 
 ment is, to take the money assessed and collected upon the property of 
 1867, to be paid into the Treasury between now and the first of June next, 
 and make it applicable to the payment of such warrants as maybe issued 
 by the Treasurer; so that, instead of the warrant running eighteen months 
 for payment, it shall run but six, without in the least affecting the taxation 
 of the people. The tax levied by this Ordinance remains as it is, and will 
 be collected in eighteen months, but takes the money which will be paid 
 into the Treasury, by the sheriffs, between this time and the first day of 
 June, to pay this scrip. As the Ordinance now stands, the scrip is pay- 
 able only fi'bm taxes arising uilder the levy of 1868. 
 
 Mr. POETIS. I am in favor of the amendment, for the reason that it 
 puts our warrants in better shape, and makes them more valuable ; and, 
 further, that by this plan the tax will not press so heavily upon the people. 
 Many gentlemen here are averse to seeing the people pressed with taxes ; 
 and I, for one, entertain that feeling ; but this tax must necessarily be paid, 
 by them, by 1869. I shall therefore vote for the amendment. 
 
 The question was taken on the motion for reconsideration; and the 
 motion was agreed to. 
 
 The PRESIDEIiT. The Ordinance is upon its third reading, and the 
 question is, — Shall the Ordinance pass? 
 
 Mr. HICKS. I rise to a point of order. Our rules require that all 
 Ordinances shall be passed on a call of the yeas and nays. Can they be 
 reconsidered without a call of the yeas and nays ? 
 
 The PRESEDEISTT. The Chair thinks it competent. It seems, at all 
 events, to go by unanimous consent, which is substantially the same thing 
 as a unanimous vote upon a call of the yeas and nays. 
 
 Mr. GANTT rising to the point of order that if, by the reconsideration, 
 carried back to the third reading, the Ordinance was not a subject of 
 amendment, 
 
 After some discussion on the point of order, 
 
 Mr. HODGES, of Pulaski, moved that the subject be recommitted to 
 the Committee on Finance, Taxation, Public Debt, and Expenditures. 
 
 The question was taken; and the motion was agreed to. 
 
 Mr. McCLURE. If in order, I submit, as the report of the Committee, 
 the following recommendation : To amend the Ordinance, by inserting, 
 in the twelfth line, as printed, after the word "payable," the words " out 
 of any funds, arising from taxation, that may come into the Treasury after 
 the passage of this Ordinance." 
 
 Mr. HODGES, of Pulaski, moved that the Report be adopted, and the 
 amendment accepted. 
 
 ( 313 ) 
 
1868.] DEBATES AKD PEOCEEDINGS OF THE [Friday, 
 
 Expenses of Convention.— HINDS— McCLUKE. 
 
 The question was taken ; and the amendment was agreed to. 
 The Ordinance being upon its third reading, 
 
 Mr. HINDS said: There are some matters contained in this Ordinance, 
 which are, really, surplusage. On the eighth line, we find this passage : 
 
 "And be it further ordained: That the Auditor of said State is hereby directed 
 to issue his warrant upon the Treasurer of said State, for such amounts as the 
 President and Secretary of the Convention may certify to he due to any per- 
 son or persons, for expenses or services incurred under the provisions of the 
 aforesaid Act, upon the receipt of the warrant aforesaid, the Treasurer will 
 issue his warrant." 
 
 In the first case the Auditor of the State issues his warrant. It seems 
 that the Ordinance should be corrected, by striking out, after the word 
 "Act," in the eleventh line, 
 
 Mr. MoCLURE. I beg leave to interrupt the gentleman, to say, that 
 the Ordinance provides that upon the issue of the Audi^r's warrant, the 
 Treasurer shall issue another warrant, payable as further provided. I 
 would state that that portion of the law was drawn by the Treasurer him- 
 self; and if he does not know how we are to get money from the State, 
 he does not understand his business. I presume he does, 
 
 Mr. HINDS. All the matter embraced in the eleventh line, after the 
 word "Act," and to the word "payable," may, in my opinion, be just as 
 well dispensed with. Or, if the gentleman desires to have it there, let us 
 say " certificate," instead of " warrant." The Auditor is the party issuing 
 the warrant, and the Treasurer issues a certificate. The term employed is 
 not the proper one. We should certainly know what is the proper one, 
 if the Treasurer does not. 
 
 I move to strike out, after the words " the Treasurer will issue his," the 
 word " warrant," and to insert, instead thereof, the word " certificate." 
 
 The question was taken ; and the amendment was agreed to. 
 
 The question was then taken on the passage of the Ordinance as 
 amended; and it was decided in the affirmative, — Yeas 63, Nays 12, as 
 follows : ^ 
 
 Yeas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, 
 Evans, Exon, Gray of Jefferson* Grey of Phillips, Harrison, Hatfield, Hawkins, 
 Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, 
 Hutchinson, Kyle, Langley, Mallory, Mason, Merrick, Misner, Millsaps, Mont- 
 gomery, Murphy, McClure, Oliver, Poole, Portis, Priddy, Punl^ney, Eawlings, 
 Eeetor, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Van 
 Hook, "Wilson, White, Williams, Wyatt, and the President— 53. 
 
 Nays : Messrs. Duvall, Gantt, Hicks, Hoge, Matthews, Moore, Norman, Owen, 
 Eeynolds, Shoppach, Walker, and Wright— 12. 
 (314) 
 
Jan. 24th.J AEKANSAS CONSTITUTIONAL CONVENTION. [15th Day. 
 
 Adjournment. — KYLE. 
 
 So the Ordinance, as amended, was passed. 
 
 Mr. McCLUEE. In order to determine definitely the action of the Con- 
 vention on this subject, I move to reconsider the vote by which the Ordi- 
 nance has just been passed. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. Rule XVIII 
 forbids the taking of the question upon a motion for reconsideration, on 
 the same day with the vote which it is proposed to reconsider, unless 
 unanimous consent shall be giveh. 
 
 Mr. REYNOLDS. I object. 
 
 Mr. BROOKS. The object of the gentleman from Arkansas [Mr. 
 McClurb] is, to lock-stop any further opposition in this matter. I there- 
 fore move the suspension of the rules, in order to a reconsideration of 
 the vote. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. McCLURE then renewed his motion for the reconsideration of the 
 vote whereby the Ordinance was passed. 
 
 Mr. BROOKS moved that the motion for reconsideration lie upon the 
 table. 
 
 The question was taken; and the motion was agreed to. 
 
 ADJOURNMENT. 
 
 Mr. BRASHEAR moved that the Convention adjourn. 
 
 Ml'. KYLE moved to amend the motion, so that the Convention ad- 
 journ until two o'clock, p.m. 
 
 The PRESIDENT. The motion is not the subject of amendment. The 
 only way in which the gentleman can reach his object, will be to procure 
 the defeat of the motion for adjournment, and then to move that when 
 the Convention adjourn it be to a certain hour. 
 
 Mr. KYLE. I ask leave to say that I desire the question of salary to be 
 settled. I do not wish to take the time which should be devoted to the 
 regular business of the Convention, in the forenoon, to attend to that 
 matter. 
 
 The PRESIDENT. The motion to adjourn is not the subject of re- 
 marks. 
 
 The question was then taken ; and the motion was agreed to ; 
 
 And thereupon, at 12.30, p.m., the Convention adjourned to 10, a.m., of 
 Saturday, January 25th. 
 
 ( 315 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Saturday, 
 
 Appointment of Special Committees — Pay of Members and Officers. 
 
 SIXTEENTH DAY. 
 
 Saturday, January 2bth, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 The roll was called, and the following nrtenibers answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 son, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, 
 Hodges of Pulaski, Hoge, Houghton, Hutchinson, Kyle, Langley, Mallory, 
 Mason, Matthews, Merrick, Misnor, Millsaps, Murphy, McCown, McClure, 
 Moore, JSTorman, Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawlings, Eec- 
 tor, Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, 
 Smith, Snyder, Van Hook, Walker, Wilson, White, Williams, Wright, Wyatt, 
 and the President. 
 
 Sick : Messrs. Bradley, Johnson, and Montgomery. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 APPOINTMENT OF SPECIAL COMMITTEES. 
 
 The PEESIDEISTT announced the following Committees : On memorial- 
 izing Congress for an appropriation for the improvement of Ouachita 
 Eiver : Messrs. Portis, Hollis, and Van Hook : 
 
 To draft memorial to Congress for the continuance of the Fre^dmen's 
 Bureau :■ Messrs. Scott, Corbell, Dale, Hatfield, Sams, Langley, and 
 "Williams. 
 
 PAY OF members AND OFFICERS — AGAIN. 
 
 ISo petitions being presented, 
 And reports of committees being in order : 
 
 Mr. HIl^fDS, from the Committee on Memorials and Ordinances, re- 
 ported the following Ordinance : 
 
 AN ORDINANCE PROVIDING FOR THE PER DIEM AND MILEAGE OF THE MEM- 
 BERS, AND THE PER DIEM OF THE OFFICERS, OP THE CONSTITUTIONAL 
 CONVENTION OF THE STATE OF ARKANSAS. 
 
 Be it Ordained by the people of the State of Arkansas in Constitutional Con- 
 vention assembled : 
 
 First, That the compensation of the members of this Convention shall be 
 ( 316 ) 
 
Jan. 25th.J AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 Pay of Members and OflBcers.— HOGE— DUVALL— HINKLE— BEOOKS. 
 
 eight dollars per diem during the actual sitting of the Convention, and the 
 same amount per diem for each day's travel in coming to and returning from 
 the said Convention, estimating thirty miles to be a day's travel, and com- 
 puting the same by the nearest and most practicable route furnishing public 
 transportation. Also, mileage each way, at the rate of twenty cents per mile, 
 by the same route : 
 
 Second, The compensation of*the Chaplain shall be eight dollars per diem, 
 with the same mileage as allowed to members : 
 
 Third, The compensation of the Secretary shall be twelve dollars per diem; 
 that of the Assistant Secretaries, Sergeant-at-Arms, Assistant Sergeant-at- 
 Arms, Doorkeeper, Assistant Doorkeepers, and Postmaster, eight dollars per 
 diem, and that of the Pages, three dollars per diem : 
 
 Fourth, The compensation of the President shall be double that received by 
 the members, with the same mileage as allowed to them. 
 
 (Signed) James Hinds, 
 
 25th January, 1868. Chairman of Committee. 
 
 The Ordinance was read a first time. 
 
 Mr. HOGE. I intend to vote against that Ordinance; and lest there 
 may be some misconception of my motives in so doing, I would like to 
 explain my vote. I must vote against any compensation to the Conven- 
 tion, from the fact that only about nine-tenths of the property which we 
 propose to tax is represented upon this floor. I desire that this explana- 
 tion shall go upon the Journals. 
 
 Mr. DUVALL. I would vote for the substitute, in lieu of the original 
 Ordinance, with the exception of one feature, — the mileage by the "route 
 furnishing public transportation." I have to repeat my former expression 
 of opinion against that measure. I could vote for the substitute in' lieu of 
 the other Ordinance ; but I cannot vote in favor of that portion of it. 
 
 Mr. HINKLE. I shall vote for the substitute, because I think it just 
 and equitable. 
 
 After some inquiry, from Messrs. Cypebt and Brooks, as to ' the par- 
 liamentary aspect of the question before the Convention, 
 
 The PEESIDEISTT decided the substitute to be in the nature of an 
 original ordinance, and that, as such, it was upon its first reading. 
 
 Mr. BROOKS moved that the rules be suspended, and that the Ordi- 
 nance be read a second and third time, and put upon its final passage. 
 
 The question was taken ; and the motion was agreed to. 
 
 So the Ordinance was read a second and third time ; andj 
 
 The question being upon the final passage of the Ordinance, as reported 
 
 by the Committee, 
 
 (317 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Memorial for Amendment of the Bankrupt Law. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 49, Nays 13, as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbell, 
 Dale, Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, 
 Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, Hutchinson, Kyle, ' 
 Langley, Mallory, Mason, Matthews, Merric^, Misner, Millsaps, Murphy, Mc- 
 Cown, McClure, Oliver, Poole, Portis, Priddy, Puntney, Eector, Eawlings, 
 Sams, Samuels, Sarber, Scott, Sims, Snyder, Van Hook, Wilson, White, Wil- 
 liams, Wyatt, and the President — 49. 
 
 JfAYS : Messrs. Gypert, Duvall, Evans, Exon, Gantt, Hicks, Hoge, Moore, 
 Norman, ©wen, Eeynolds, Shoppach, and Wright — 13. 
 
 So the Ordinance was passed. 
 
 Pending the call of the roll, 
 
 Mr. DIVAN'S (when his name was called) said : I do not think we have 
 a right to vote ourselves mileage twice, and therefore I shall vote against 
 the Ordinance. 
 
 Before the vote was announced, 
 
 Mr. BEASLEY said : I voted for this measure, from the simple fact 
 that I thought that under all the circumstances it was best to do it. I wish 
 it distinctly understood, by all this Convention, however, that notwithstand- 
 ing that I have voted for the Ordinance, it contains two or three items 
 against which I solemnly protest. One was, the payment of mileage 
 twice._ Another, the number of officers, — believing, as I do, that some are 
 superfluous. Especially do I object to allowing the mindi- officers the 
 same pay as members. I voted Aye ; and with that explanation, I shall 
 let the vote stand. 
 
 The vote was then announced as above. 
 
 Mr. BEOOKS moved to reconsider the vote by which the Ordinance 
 was passed, and to lay upon the table the motion to reconsider. 
 
 The question was taken ; and the moti6n was ao-reed to. 
 
 MEMORIAL FOR AMENDMENT OP THE BANKRUPT LAW. 
 
 Mr. HnSTDS, from the Committee on Memorials and Ordinances, re- 
 ported the following 
 
 MEMORIAL TO CONGRESS, ASKING FOR THE AMENDMENT OF THE 
 
 BANKRUPT LAWS. 
 
 To the Honorable the. Senate and House of Representatives of the United States, 
 in Congress assembled : 
 
 The Constitutional Convention of the State of Arkansas would respectfully 
 represent, that there are a large number of citizens of the State who are unable 
 to avail themselves of the benefits of the 'general Bankrupt Act,' for the 
 ( 318 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 Messenger to District Headquarters.— BROOKS— CYPEKT. 
 
 reason of the expenses attendant on obtaining the same. Your memorialists 
 would, therefore, ask that the general Bankrupt Law be so amended as to 
 provide, in cases where there are no assets, that the person desiring to avail 
 himself of the benefits thereof, may go before the clerk or other proper officer, 
 and, having rendered his schedule, be relieved from all debts and liabilities 
 without further cost or expenses. 
 
 (Signed) James Hinds, 
 
 Chairman of Committee. 
 
 Mr. BROOKS movied that the Report be laid upon the table, that one 
 hundred copies be printed for the use of the members of the Convention, 
 and that it be made the special order of the day for Tuesday, January 28th. 
 
 Mr. CYPERT. I see no necessity, whatever, for laying the Report upon 
 the table and making it a special order. The printing of these occasional 
 papers causes a great deal of expense. I want to take up the Report and 
 dispose of it at once. I do not wish to accumulate such an amount of 
 printing. The Report is a very short one, and I suppose there is no gen- 
 tleman upon this floor who does not understand it, or who cannot vote upon 
 it as intelligently, now, as he ever can. 
 
 The question was taken ; and the motion was not agreed to. 
 
 Mr. BROOKS moved that the Report be adopted. 
 The question was taken; and the motion was agreed to. 
 
 MESSENGER TO DISTRICT HEADQUARTERS. 
 
 Mr. BROOKS presented the following resolution : 
 
 Resolved : That the Honorable Asa Hodges, of Crittenden Coijnty, be, and is 
 hereby, appointed a messenger of this Convention, with instructions to proceed 
 to Headquarters of the Commander of the Fourth Military District, for the 
 purpose of laying before the General commanding, the account of expenses 
 incurred by this Convention : 
 
 Second, That the President and Secretary are hereby instructed to furnish 
 to said messenger certified copies of all ordinances, estimates, resolutions, or 
 other documents necessary to the discharge of the duties of the position : 
 
 Third, That our messenger be directed to receive, if possible, the approval 
 of said accounts, by the commanding General, and an order for their payment 
 by the State Treasui^er ; and that he report to the President of this Conven- 
 tion by telegraph : 
 
 Fourth, That^the President and Secretary be directed to furnish the. neces- 
 sary credentials. 
 
 Mr. CYPERT moved to strike out the name of Asa Hodges, and to in- 
 sert, instead thereof, the name of Mr. Beasley. 
 
 The question was taken; and the motion was not agreed to. 
 
 ( 319 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Saturday, 
 
 Finances of the State — Ashley County Election. 
 
 Mr. GrAFTT moved to strike out the name of Asa Hodges, and to in- 
 sert, instead thereof, the name of Henry Page, Treasurer of the State of 
 Arkansas. 
 
 Mr. BROOKS. I would suggest that we have no jurisdiction over 
 Colonel Page. 
 
 The question was taken ; and the amendment was not agreed to. 
 The question was then taken on the adoption of the resolution ; and the 
 resolution was adopted. 
 
 FINANCES OF THE STATE. 
 
 Mr. BROOKS offered the following resolution : 
 
 Resolved: That the Committee on Finance be instructed to ascertain and 
 report the amount of the present indebtedness of this State : 
 
 Second, Where and by whom the notes, bonds, or other promises to pay, are 
 held, and what interest they bear: 
 
 Third, What is the present market value of our State Bonds : 
 
 Fourth, For what purpose these obligations were created, and what dispo- 
 sition has been made of the funds thus obtained : 
 
 Fifth, The present assets at command, with which to liquidate such claims : 
 
 Sixth, What general financial scheme has been devised and put in operation 
 for the purpose of meeting said claims and maintaining the public credit : 
 
 Seventh, The present condition of the School Fund of the State; together with 
 any other information elicited respecting the financial condition of the State, 
 that may be deemed of value to the Convention and the people. 
 
 Mr. McCLURE. I ^vould suggest that the Committee on Finance be 
 clothed with authority to send for persons and papers. 
 Mr. BROOKS. I accept the amendment. 
 
 The question was taken on the resolution as amended ; and the resolu- 
 tion was adopted. 
 
 ASHLEY COUNTY ELECTION — AGAIN. 
 
 No resolutions, motions, or notices, being presented, and the considera- 
 tion of 
 
 Unfinished business being in order. 
 
 The PRESIDENT announced, as the unfinished business before the 
 Convention, the consideration of the Report of the Committee on Elec- 
 tions, upon the election in Ashley County. 
 
 Mr. HINDS moved that the Report of the majority of the Committee 
 be adopted. 
 
 Mr. NORMAN. I shall say nothing in support of the able and couclu- 
 ( 320 ) 
 
Jan. 25th.] AEKANSAS CONSTITTJTlOlSrAL CONVENTION. [16th Day. 
 Ashley County Election.— NOEMAN. 
 
 sive arguments of the Minority Report, but simply touching the powers of 
 this Convention. 
 
 Mr. President, I desire to protest in the most emphatic manner against 
 that portion of the Report of the Committee that reflects so unjustly upon 
 the people of my County. "With all due deference to Mr. GtAntt, of the 
 Committee, I must say that the Report does the people of Ashley County 
 the grossest injustice. I believe I can confidently say, that they are as 
 obedient to the laws, as loyal (if that suits best), as the constituency of any 
 member upon this floor. We have all heard it said, " Give a dog a bad 
 name, and hang him." So it is with Ashley; she is, without just cause, 
 in bad repute with certain parties in these quarters, and it will be difficult 
 to secure for her that impartial consideration which counties and people, 
 who are not in such bad odor, are accustomed and entitled to receive. 
 That there have been acts committed in our County, not chargeable to our 
 people, and which they most deeply deplore, is most true. That there 
 have been some acts committed by citizens thereof, that could not be 
 justified, is also true. But, sir, I can say, if they have done wrong, they 
 have been most grievously and wantonly provoked. Sir, when our late 
 great war closed, the people of Ashley County were among th^ first to 
 assemble in convention and renew their allegiance to the Union ; and de- 
 puted my colleague and myself to make our politest bow to his Excellency 
 Governor Murphy, and ask to be admitted into the amiable family of his 
 reconstructed counties. The Governor and his officers (the honorable 
 Secretary of State among them) received us with open arms. They were 
 glad to see us, for two reasons. Tirst, because they rejoiced to witness 
 symptoms of our returning repentance ; and because, secondly (as they 
 assured us), the extreme men in Congress were anxious to have Arkansas 
 put into a Territorial condition, which they thought could be avoided by 
 the prompt acquiescence of the people of the State in the present State 
 Government. Sir, from that day to this moment, the people of Ashley 
 County, in despite of many petty annoyances, and sundry outrages, 
 which if collected would fill a volume, that have been inflicted upon them 
 by officers of our once revered Government, have endeavored to live 
 soberly, quietly, decently, before God and their country, faithful citizens. 
 These things have never reached the ears of those who ought to protect 
 us ; whilst whenever the few who were not willing to lick the hand that 
 smote them, imprudently, possibly, kicked against the pricks, their acts 
 were grossly exaggerated, their motives misunderstood, their conduct tra- 
 duced. Sir, I say now, with the utmost truth, that a gentleman, as long 
 as he remains such, be he white or be he black, will be as kindly and 
 respectfully treated in Ashley County as in Pulaski, or Phillips, or any 
 other county in the State of Arkansas. 
 
 But to come now more directly to this late election, which has re- 
 
 21 ( 321 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Saturday, 
 
 Ashley County Election.— NOEMAN. 
 
 ceived such severe animadversions from the majority of the Committee. 
 Sir, if the gentlemen composing that Committee have come to just and 
 correct conclusions therein, then there are some, most remarkable and 
 significant facts, connected therewith, to which I desire to call the special 
 attention of this country and this Convention. 
 
 Mrst. The only witnesses who have been examined before this Investi- 
 gating Committee, were the Registrars, who conducted that election, and 
 a late Agent of the Bureau, all of whom have been in this city for fifty or 
 sixty days since the election, — who could have had hourly and daily access 
 (if they desired itj to the General commanding this District, and to whom, 
 by the wonderful powers of the telegraph, even the ears of the Department 
 Commander could have been every moment open. Yet this Committee 
 alone have discovered the violences, the frauds, the outrages, which they 
 desire to record as a perpetual memorial against my people. Either Gen- 
 erals Ord and Smith are singularly stupid, or vilely corrupt, or else this 
 Committee have found a mare's nest! 
 
 Secondly. It was in proof, before this very Committee, that all the evi- . 
 dence before them had been submitted to the Generals commanding this 
 District and this Department; and that they regarded it as utterly futile and 
 worthless, their late orders conclusively show. In fact, it is remarkable 
 that the only evidence offered, discovered by the Commanding General, 
 was that against us, and not by us or our friends. 
 
 It is again true, that a much larger proportion of negroes voted than of 
 whites. They polled pretty well their entire strength ; whilst the white 
 vote fell off two or three hundred. In fact, sir, the whites were wholly 
 indifferent until the last day's election ; and then only took an active part 
 at one precinct. Sir, if the truth could be unfolded, the frauds and in- 
 timidations, almost altogether, were on the other side. It is capable of 
 the amplest proof that, at the close of the election, deluded negroes with 
 bridles in hand, came to our town in search of the mules which had been 
 promised them (as they alleged) by the candidates opposed to us, as rich 
 Government donations for loyal voting. But like the illustrious Japhet 
 in search of a father, their labors have hitherto proved fruitless. More- ' 
 over, sir, in the mysterious vocabulary of the League, they were assured 
 that if they did not vote for a convention, " night ha.d no eyes," and that 
 they would be spotted for vengeance. Sir, it give's me no pleasure to 
 allude to these things; but I should be false to the people I represent, if 
 I did not attempt, by the pencil of truth, to erase or relieve some of the 
 dark tints and shades which the Committee have given to these matters. 
 
 One other point, sir, and I have done. The Committee failed to ex- 
 culpate my colleague and myself from participation in the frauds and in- 
 timidations alleged to have been perpetrated in our election. I can say 
 that I am as innocent of any wrong in that matter as it is possible for 
 ( 322 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 
 Ashley County Election.— HODGES of Pulaski— WILSON— SAEBER—CYPEET. 
 
 mortal man to be. I did not seek this position ; it was thrust upon me. 
 I took no part in the election. The people of my County, against my ex- 
 pressed wishes and desires, elected me a delegate to this Convention; and 
 in obedience thereto, and to the mandates of the Commanding General, I 
 am here to-day. I came, entertaining no feelings of bitterness or hos- 
 tility to any man on account of political differences, but simply, in accord- 
 ance with my sincere convictions, to do my duty to my constituents, myself, 
 my County, and posterity. Whilst I, together with my constituency, am 
 unalterably opposed to incorporating negro suffrage in our fundamental 
 law, yet I and they are willing to allow to all the fullest protection for life, 
 liberty, and property. "We are desirous that all, of every race and of 
 every color, should participate in the blessings of a Republican Govern- 
 ment. God grant, that the day may be not distant when all these petty 
 criminations and recriminations may be "in the deep bosom of the ocean 
 buried," and that our great and glorious America, from the Aroostook to 
 the Rio Grande, from the distant Pacific to the stormy Atlantic, wjth a 
 free, united, and happy people, may start anew on her grand career of 
 prosperity and universal empire. 
 
 Mr. HODGES, of Pulaski. In order that we may understand our vote, 
 I move, as a substitute for the motion to adopt the Report, that it be 
 pi'inted, with the testimony, and made the special order of the day for 
 next Tuesday [Jan. 28th.] 
 
 Mr. WILSON. If in order, I move, as an amendment, to lay the whole ■ 
 matter upon the table, and make it the special order of the day for the 
 Fourth of July. 
 
 Mr. SARBER. I move that the amendment of the gentleman from 
 Union [Mr. Wilson] be rejected. 
 
 Mr. CYPERT, I rise to inquire the condition of the question, before 
 the Convention. The first motion was for the adoption of the Minority 
 Report. That motion stood over, and was made the order for to-day. 
 Now there comes up another motion, by way of substitute, to adopt the 
 Majority Report. Then follow two or three amendments. I desire to 
 know in what position the question stands. 
 
 The PRESIDENT. The question is upon the motion of the gentleman 
 from Johnson [Mr. Sarber.] 
 
 The question was taken ; and the motion to reject was agreed to. 
 
 Mr. SARBER. I think, as the gentleman [Mr. Norman] has called this 
 matter up before the Convention, it should be placed before the people. 
 He claims that we have reflected upon his action, and that of his col-, 
 league, in the late election. The gentleman is mistaken. I will state 
 that there was no evidence, before the Committee, tending in any manner 
 
 ( 323 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Saturday, 
 
 Ashley County Election.— SAKBBE—OTPBRT— MOORE. 
 
 to charge the gentleman with participation in any lawlessness or disorder 
 ccyinected with the election. But I will say, and .the evidence will hear 
 me out in the statement, that the testimony showed a most reprehensihle 
 state of affairs. It shows that registered colored voters were driven away 
 from the polls; that they were intimidated, and threatened that they would 
 be killed and left in the swamps, if they voted for a convention. It shows 
 that white men declared that they would not go to the polls to vote, that 
 day, for what they were worth. 
 
 As to the character of the testimony brought before us, — we did take 
 the testimony of the Registrars, because it was available. We took, also, 
 that of the Agent of the Freedmen's Bureau, who is a resident of Little 
 Rock, or was staying here. Furthermore, we notified Messrs. Norman 
 and Moore, that if they had any to produce, they should bring it in.. 
 They replied that they had none. We afforded them every opportunity 
 of introducing rebutting evi-dence. It is true, they asked for the names of 
 some white men, who had been mentioned as being afraid to go to the 
 polls ; but the witnesses were unwilling to give the names, and the Com- 
 mittee did not think it expedient to compel them to do so, since the 
 testimony showed that in that County the property and lives of the parties 
 would be endangered, if they were known. 
 
 Mr. CYPERT. The evidence, going before the world as it now appears, 
 would be a very extraordinary batch of stuff. The witnesses, I am 
 • informed, directly refused to testify, until Messrs. Norman and Moore 
 were expelled frorn the room. These gentlemen had no opportunity of 
 cross-examination. The whole testimony is ex ^arfe. It could not, under 
 such circumstances, be rebutted. How could they produce witnesses to 
 rebut testimony to which they were not permitted to listen ? It is true, 
 they received information from the Committee; but the witnesses had 
 refused to testify until the gentlemen whose case was under consideration 
 had been driven from the committee-room. 
 
 Mr. BARBER. I will say that these gentlemen did know the evidence 
 of these witnesses ; for one of the gentlemen himself showed me a written 
 statement of the testimony of one of the witnesses, before the Committee. 
 Furthermore, the reason why these men would not testify before the 
 gentlemen, was, their fear, not of their own personal safety, but of their 
 friends in the country, upon whose evidence they relied. 
 
 Mr. MOORE. I had no thought of intrudiffg myself upon this Conven- 
 tion, with anything like an extended speech. Nor do I intend to do bo 
 now. I believe my colleague has sufficiently vindicated my County. 
 But take the Report of that Committee on ^Elections, and read it in . 
 connection with the Reconstruction Laws, and every man on this floor is 
 bound to admit that the officers who testified before the Committee wil- 
 fully swore falsely, and have acted in dereliction of their duty. 
 ( 324 ) 
 
Jan. 25th.] AEKANSAS COlSrSTITUTIOKAL CONVENTION. [16th Day. 
 Ashley County Election.— BEOOtS—MOOEE. 
 
 Mr. BROOKS. I rise to a point of order. The accusations might be in 
 order before a grand jury ; but they are not quite so here. ^ 
 
 The PRESrOElSTT. The Chair will ask the gentleman to desist from any 
 reflections of that kind. 
 
 Mr. MOOEE. The Sheriffs of the counties, by the Eeconstruction 
 Orders, were required to furnish a deputy to each precinct, that the 
 election might be held fairly; and the Registrars were clothed with 
 civil jurisdiction to arrest any party interfering with the execution of the 
 law. If these frauds were perpetrated, and intimidations used, who is 
 responsible? "Why were not the parties arrested? why not brought to 
 the bar of justice, and punished, in accordance with the Reconstruction 
 Acts, and the orders of General Ord ? 'Not only so, but the Sheriff of our 
 County, — that County in such exceedingly bad repute, — that County where 
 murder stalks abroad, — was furnished with a body of soldiers, under the 
 command of an oflacer of the United States Army, to assist him in pre- 
 serving order and carrying out the provisions of the law. And jet these 
 men are not produced here to prove any of these alleged outrages. If 
 these frauds were perpetrated, if these intimidations were used, why is not 
 this Lieutenant brought here, who commanded that party of soldiers? 
 Bring him before the bar of justice, if he stood by and permitted these 
 things to take place — let him be punished by a court-martial. ISTot one 
 word of remonstrance proceeded from any of these officers, civil or mili- 
 tary; nor did we hear one word of all these charges, until we arrived with- 
 our credentials here. We came in the utmost good faith. I came here 
 as loyal as the most loyal ; I came to obey the laws of the land ; and came 
 to perform the duties required of me in accordance with the wishes of the 
 people of the County. I did not come here to force myself upon the Con- 
 vention ; but now that I am come, I am here to do my duty. I am tired 
 of hearing my County aspersed. There have been no murders com- 
 mitted ; no man has been tried by military commission. And I say, sir, 
 that no man, be he old or young, white or black, I care not where he 
 comes from — he may be from Massachusetts or from Europe, — who de- 
 mands justice from the courts of our County, but will have it meted out 
 to him amply. But alas ! there are many who when they do get justice, 
 get what they don't want ! Compare the number of the convicts from 
 that County with that of the convicts of " loyal " Phillips ; and what is 
 the result of the comparison ? I say, sir, men can get justice in Ashley 
 County. I say I have stood up, in its court-house, and defended the 
 colored race, with all the ability I possessed, without hope of fee or re- 
 ward. I would do it again. I hold that they should have justice under 
 the law. I hold that they are not entitled, under any law of the United 
 States, to the privilege of suffrage. I hold that they are not citizens, 
 under the Constitution under which we live, and are not entitled to exer- 
 
 ( 325 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Ashley County Election.— MOORE. 
 
 cise rights which belong only to citizens. But I am willing, and my peo- 
 ple are willing, to let them have all that belongs to them, to secure to them 
 justice ; and I think that to be sufficient. I do hope that this report of 
 the majority of the Committee will be laid upon the table ; that no asper- 
 sion will be cast upon my County ; and that my people will not be re- 
 garded in any worse light than they deserve. I trust this Convention 
 will not put a blot, a stain, upon the County I represent. I hope they 
 will reflect that there are at least six hundred and four loyal men in that 
 County. Five hundred and thirty voted for a Convention. Of course 
 they are loyal. Are those who voted against a Convention to be - con- 
 sidered disloyal ? I hope not. If so, there are five hundred and fifty dis- 
 loyal men in my County. But, sir, they are not to be regarded as dis- 
 loyal because they so cast their votes. It is merely a dift'erence of opinion, 
 — a diflferent way proposed for arriving at the same result. We came 
 here as Delegates from our County, in July, 1865, desirous of reconstruc- 
 tion. W.e met the venerable Governor of our State. He urged us to 
 organize, in the counties, because, he said, there would be an effort 
 made, if we did not organize, to place us in a Territorial condition. Such 
 a result we should greatly deplore. We went to work, earnestly, to as- 
 sist in organizing, with a view to reconstruction. I myself filled out the 
 commissions of officers in my County. I took upon myself the honorable 
 office of Justice of the Peace, that I might swear in the clerk of the Cir- 
 cuit Court. This I did at the suggestion of our esteemed Governor, who 
 will bear me out in my assertions. I say I went to work earnestly, and 
 honestly. We have lived loyally; we have acted loyally; we are as loyal, 
 to-day, to our Government, as any people under h§aven. We love the 
 Stars and Stripes, although we were once estranged from them. We 
 came back in the utmost good faith. We are disposed to live in accord 
 and harmony with all loyal men. But alas ! we difter from some others 
 in our views of what is loyal. We hold that to live in accordance with 
 the Constitution of the United States, is loyal ; to violate that sacred in- 
 strument, which embodies those principles of liberty and law for which 
 Washington fought, for which freemen died, we hold to be disloyal. We 
 hope gentlemen will meet us in the same spirit in which we come here, 
 and that we may, in all sincerity and earnestness, unite in a common 
 eflTort to secure the best interests of the State. If we will, we shall dis- 
 charge our duties, we shall frame a Constitution of which we shall not be 
 ashamed when we grow old, one that our children shall not be ashamed 
 of when we are gone. Then we can go back to our families with a good 
 conscience. If we will all act in this spirit, there will be no more of this 
 bickering, no more of these thrusts, at this side of the house, of the charge 
 of disloyalty, so long as we continue to live up to the very letter of the 
 
 ( .^26 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONYBNTION. [16th Day. 
 Ashley County Election.— WILSON— BROOKS. 
 
 Constitution, and do no act that is not in accordance with it — and of that 
 we claim as full right as others, to judge. 
 
 Mr. WILSON. I feel it due that I should give my reasons for my mo- 
 tion to lay this matter upon the table. The Convention has pulled back- 
 ward and forward. There seemed to be a question, in the minds of 
 members, as to whether they ought to admit the gentlemen, who I thought 
 had the same title, to be here, with the rest of us. I thought that to refer 
 the matter to a Committee would probably close the discussion at once. I 
 regretted that the Committee thought it necessary to inquire into all the 
 matters which they reported back to the Convention. 
 
 I thought that there was but a single question into which the Committee 
 had to look, and that was, at the Reconstruction Law, to find whether 
 thesfe gentlemen were competent to take the oath of reconstruction, and 
 so to become voters, and be qualified to hold seats in this body. It was 
 General Ord's province, as I hold, to determine upon the legality of the 
 election. The only question that the Committee was required to report 
 on to the Convention, was that of these gentlemen's title to their seats. 
 And I was mortified, astonished, and made to blush with shame, when the 
 Majority Report came in — enough manuscript to fill a newspaper. They 
 had gone clear out of their province. They had nothing to do with this 
 matter which they went and hunted up. I do not mean that they intended 
 any wrong. They differed, honestly, in their views, from me. Then 
 comes a Minority Report, as long as the moral law, and lour times as long, 
 and with a preamble on matters with which they had nothing to do. I 
 voted to lay the whole subject upon the table. I wanted, then, to defer 
 the matter to the Fourth of July. You see where these things are running 
 to. There is none of us but could bring up a whole host of ghost stories 
 to tell about, and get up any number of humbugs, and all this sort of 
 thing. [Laughter.] I know there were all kinds of lies told in my 
 County— there were no lies that could be got up, but what were told. 
 pLaughter.] I know these two men, against whom no one living can 
 bring any reflection. I would bring none; and if I did, it would only 
 recoil upon me. I know them to be honorable men, who would not be 
 involved in anything improper or dishonorable. I do think we are travel- 
 ling too far out of the line of our duty, to make capital at home. "We 
 have heard the gentlemen's defence of themselves and their county. I 
 think it is time for us to come to good common sense. [Applause.] Let 
 us do our duty, and go home. I am tired of our going and hunting up 
 matters a hundred miles oft', that have nothing to do with the subject; 
 and I want to defer them to the Fourth of July, and if we are bound to 
 talk about them for capital, it will be a good time to take them up then, 
 and have a Fourth of July frolic over them. [Laughter and applause.] 
 Mr, BROOKS. I am very. much surprised that my patriotic old friend 
 
 { 327 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Saturday, 
 
 Ashley County Election.— BEOOKS. 
 
 would attempt that kind of a raid on the Fourth of July. I have more 
 reverence for the day, than to defer such a bundle of humbugs as he 
 charges these Reports are, to the anniversary of our independence. 
 
 I do not desire a prolonged discussion. I think there is no such disposi- 
 tion upon the part of those who have voted to support the motion made on 
 this side, to print these Reports. We did not open any discussion. "We 
 do not propose to enter into any debate. And I will say that I have not 
 regarded the motion made on this side of the room, as any reflecti6n, 
 whatever, upon the honorable members from Ashley, personally or politi- 
 cally. I do not think it has any such bearings. I am very sure that, I 
 have no knowledge of such an intention. JSTor have I heard any such 
 "flings" as have been referred to, charging the other side of the house 
 with disloyalty. I have not heard the term employed, so far as my recol- 
 lection goes, in the debate upon this floor. I was gratified on my intro- 
 duction to the gentleman [Mr. Moore], to perceive that he was honestly 
 desirous to enter into this work of reconstruction — not, perhaps con- 
 forming exactly to my ideas, or the ideas of either side of the house, but 
 to his own ideas, to which, of course, every honorable gentleman is en- 
 titled. I think we are not disposed to be fastidious in that regard. We 
 have not charged disloyalty upon men who dijffer with regard to the details 
 of reconstruction. We have not charged it at all, that I remember. We 
 reciprocate the gentleman's deprecation of strife and discord, and cuts and 
 flings. I think we have not made any at Ashley County. My friends on 
 this side have not proposed to make any, unless there be cuts in the testi- 
 mony ; and if so, we are not to blame for it, I am sure. 
 
 But I am sorry that one deprecating such flings should himself become 
 the chief flinger, and attempt to institute a comparison — comparisons are 
 said to be always invidious, I believe — between Ashley County and "loyal 
 Phillips." Of course, as respects the loyalty of Phillips, that is of a 
 character to challenge the world, and to challenge the admiration of this 
 State, and of the people at large. I have not examined the state of things 
 as regards the number of convicts from Phillips County. We have, doubt- 
 less, men who vote right and do not always act right, and some who do 
 not even vote right; and I suppose there are some men from both Coun- 
 ties, in the public boarding-house across the ravine. But in the first place, 
 Ashley County numbers perhaps less than one-third the population of 
 Phillips. It has no principal town or city within its borders. It is an 
 interior county. We have the second city in the State — its only town or 
 city of any note upon the Mississippi River ; and the presumption always 
 is tlfat on such great thoroughfares, and in larger towns and cities, there 
 will be aggregated, from time to time, more bad men than are- generally 
 found in interior districts. I will simply say that I am not aware that the 
 tendency of loyalty to the United States flag and Government philosophi- 
 ( 328 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONVENTION. [IGth Day. 
 Ashley County Election.— BEOOKS—MALLOKT. 
 
 cally tend8 to make thieves and convicts. If, however, that theory he 
 established, then there is some apology, perhaps, for those who were 
 formerly true to that flag and country, and proved unfaithful to them. 
 
 But it may be that there is an explanation, with regard to the number 
 of convicts that we have from " loyal" Phillips, in the State Penitentiary. 
 I believe the last car-load came, very nicely made to time and transported 
 here simultaneously, or very nearly so, with the proposed meeting of the 
 Democratic State Convention in Little Rock. I do not suppose, Mr. Presi- 
 dent, that they were sent as delegates to that Convention. I do suppose, 
 however, that a very remarkable coincidence exists, — that such a batch 
 of colored, and, consequently, of course, loyal voters, should be sent to 
 the State's Prison just at this time, and that for a small squad of petty 
 convicts should be sent over here twenty-two Democratic guards to pro- 
 tect them on the way, at the very neat little expense of fifteen hundred 
 dollars to the State of Arkansas. Perhaps the Democratic party in Ashley 
 County have not grown so sharp as in Phillips. We have whetted them 
 up, over there ; we have, as the Yankees say, kept them to the grind- 
 stone, ever since last May, when we started in; and they have grown ex- 
 ceedingly sharp. It is certainly very convenient to have their mileage 
 met; and a very nice squad there was, to take care of a few prisoners 
 whom one man with a revolver could have guarded without any trouble 
 whatever ! 
 
 Mr. MALLOEY. As a member of the Committee on Elections, I wish 
 to offer a few remarks. I consider that all committees are servants of this 
 body. Whatever evidence is referred to a committee, is usually ex parte. 
 It is their duty to report back to this Convention what comes before them. 
 And I will state that as this seemed to be an interesting case, I have taken 
 some measures to inform myself upon the matter. I will say that so far 
 as the gentlemen representing Ashley County on this floor are concerned, 
 they are entirely exonerated from any blame that may be laid to the door 
 of the County. I desire, however, to submit a brief statement in regard 
 to the facts of the case. It seems that, as in other counties, the Registrars 
 were separated, and that each Registrar held an election in a certain number 
 of towns — three or four each. We have evidence, before the Committee, 
 that in the precincts of De Bastrop, Extra, and Egypt, the elections passed 
 oft' fairly; and there, no complaint was made, on the days of election. It 
 will also be remembered that in the order published in regard to this 
 matter, Union Precinct was the only precinct named, and that it was 
 stated that that precinct being thrown out, there was still a majority for 
 the candidates returned. We find, upon investigation, that in Carter 
 Precinct, also, of that County, colored men were deterred from voting, by 
 threats of being thrown out of their homes if they voted " the damned 
 Radical ticket." We find that in that Precinct there were about seventy- 
 
 ( 329 ) 
 
1868.] DEBATES AND PEOCEEDIKGS OP THE [Saturday, 
 
 Ashley County Election.— MALLOKT. 
 
 six colored, and ninety-seven white voters. Men came in, after the election 
 in that Precinct, and made affidavits to the fact that they were threatened, 
 and deterred from voting ; and fifteen men in that Precinct made oath 
 that they were not allowed to vote. Two white men were intimidated' by 
 threats that if they attempted to vote, they would be driven away from 
 the polls. All said they would have voted for a convention, and for 
 Eeconstruction candidates. It is in evidence that a certain young man 
 named Joseph Bell went to the Precinct-capital — Hamburg, I think, — 
 and told a white man 
 
 " he belonged to the Union League, and if he thought he did he would kill 
 him now. Again, on the morning of election, said Bell went into the store, and 
 told the same man, if he went to the polls to vote he would kill him there." 
 
 The witness said he ordered the Sheriff, whose name is Tinor, to arrest 
 said Bell; that Bell had just opened the door and left the room; that the 
 Sheriff went out, and in a little while returned, stating that he could not 
 find Bell. 
 
 " In Carter precinct eight colored men voted against a convention and for 
 Moore and Norman, which was done under threats that if they voted for a 
 convention and for Harbison and Currie, they would not receive any pay for 
 what they had done during the year, and would also be driven from their homes 
 without anything to eat. They wanted to vote for both the Convention and 
 for Harbison and Currie." 
 
 " Abner Piles, Clerk of the County Court, turned "Wesley David (colored) out of 
 his house, for voting the Convention ticket. James Willis also turned a colored 
 man out of his house for voting for a convention and Harbison and Currie." 
 
 " Colored men from all parts of the County came in, reporting this state of 
 facts to exist." 
 
 There were informalities in Portland Precinct. One George Wash- 
 ington, colored, was threatened, by his ehiployer, that if he votedlie would 
 be turned out of his house and home. 
 
 It is also stated, in evidence before us, that after th-e election, when the 
 Democratic victory was announced, " Soldiers clothed as soldiers of the 
 United States, did fire volleys in honor of the victory." TApplause from 
 the left.] 
 
 At Hamburg, 
 
 " Abe, a colored man, was assaulted with a bowie-knife, by a man by the 
 name of Herron, for voting for a convention. Nine colored men came to the 
 witness, and stated that they had been driven from their homes because they 
 had attempted to vote for a convention— eight of them were registered voters. 
 Parties notified them, as they started to the polls, that if they voted for a con- 
 ( 3,S0 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 Ashley County Election.— MALLORT— WILSON— HINDS. 
 
 vention they would be killed and left in the swamp. At least three cases in 
 Carter Precinct came to me and said they did not vote, for fear of bodily injury, 
 when, if they had voted, they would have voted for a Convention, and Harbison 
 and Currie. This was upon their oaths, and the next day after the election in 
 Carter Precinct. One man was warned before he voted that if he voted he 
 would be turned out of his house, and be killed. After he voted, they gave him 
 two hours to leave his house, or he and his family would be burned in it. 
 This threat was made by a mob headed by James "Willis, Town Constable, and 
 others. I caused the man to leave his house, and camp on the common, near 
 my office, all night, with his family." — 
 
 This is the evidence of the Agent of the Freedmen's Bureau. — 
 
 " A white man doing business in Hamburg, told me he would not go across 
 the plaza to vote, for all the debts that were due him and his stock of goods, 
 which amounted to $20,000. I heard threats made for weeks before the elec- 
 tion, that the negroes should not vote in Ashley County; if they did they 
 would be exterminated." 
 
 I merely wish to place these facts before the Convention. I do it, in 
 the capacity of a member of the Committee on Elections, as a duty. I 
 have no personal feeling in this matter, and submit these facts to the Con- 
 vention, merely as a member of the Committee. 
 
 Mr. WILSOIST. I would just remark that I regret that the gentleman 
 has presented the summing up of that evidence ; for if that practice should 
 be carried out, it would break the election in our County, sure ! Many 
 men there threatened that after the election they would turn off the 
 freedmen employed by them, because they voted against the Convention 
 ticket ; and we made no fuss about it, — because, we were elected. Some 
 even threatened to cut their freedmen's throats on that account; and we 
 made no fuss about it, — because, we were elected. [Laughter.] 
 
 Mr. HINDS. As it seems, from the evidence, that this state of things 
 exists in Ashley County, I j;hink the testimony elicited before the Com- 
 mittee should go to the world, so that the constituency of those gentlemen 
 from that County who have seats upon this floor may know fully what 
 testimony has been given, and how matters are represented as existing 
 among them. If it Is true that such a state of facts exists as is represented, 
 it must be to the interest of every gentleman occupying a seat upon this 
 floor, that the whole evidence should go to the world, so that it may be 
 known that there are such things occurring in the State of Arkansas. 
 And did I represent Ashley County here, I should certainly 'desire that 
 course to be pursued. As I do not, but occupy a seat in this body, I am 
 very desirous, as a representative of a portion of the people of this State, 
 that this testimony may be printed to accompany the Report, so that the 
 matter may be fully represented to the people of Ashley County, to the 
 State of Arkansas, and to the people of this Eepublic. 
 
 ( 331 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Saturday, 
 
 Ashley County Election.— OTPEKT—SAKBEE—DUYALL. 
 
 Mr. CYPERT. I have no objections — I desire — that the whole facts 
 should go before the country. But the synopsis of the testimony, as read 
 by the gentleman from Jefferson [Mr. Mallory], is not the whole testi- 
 mony. I wish to call the gentleman's attention to one particular fact; 
 and he will bear me out in the statement. The whole testimony was hear- 
 say. These witnesses stated, before the Committee, that individuals had 
 told them that these things occurred. As to the man cut with a bowie- 
 knife, the statement was this : A. B. came to me, a day or two after the 
 election and showed me a cut upon his breast, and told me that a certain 
 individual had cut him because he voted the Convention ticket ! — Is that 
 the testimony to come before a court ? 
 
 Mr. SARBEE. The witness testified that he was acting officially, as 
 Agent of the Freedmen's Bureau in that District; and the man came 
 before him and made affidavit to the facts. 
 
 Mr. CYPERT. My understanding is that the witness said that he took 
 depositions to these facts, and forwarded them to the commander of the 
 Military District, General Ord. But he did say just as I have stated, that 
 the individual came to him and told him he had been cut in the breast, 
 and for that reason. Now, this only shows, if it were true, this state of 
 facts. It did not interfere with the election. The election was over. The 
 mere synopsis read indicates that these witnesses made these statements 
 upon their own knowledge ; whereas, it was all hearsay. If it was within 
 their own knowledge, they were themselves culpable, for not having, before 
 the elections, taken the precautionary measures necessary to prevent such 
 occurrences in the County. These witnesses did not thus exhibit them- 
 selves as culpable, before the Committee. They said the information came 
 before them through other parties, and that they took affidavits and for- 
 warded them to General Ord. If these facts were properly recorded, I 
 would be glad to publish the Reports to the world, and show what kind of 
 testimony was elicited before the Committee. 
 
 Mr. BARBER. Inasmuch as the action o*f the Committee has been 
 called into question, by the gentleman from Ashley, and others, we wish 
 to introduce this testimony only in order to show upon what evidence we 
 based our report. I think there is nothing wrong in that. 
 
 With regard to the statement of the gentleman from White [Mr. Cy- 
 pert], I will say that the evidence we have taken was given by the Regis- 
 trars, and by the Agent of the Freedmen's Bureau in that County. These 
 parties came before the Agent, and made affidavits to the facts. He 
 merely testifies to these general matters ; and, as we have stated in our 
 Report, owing to the lateness of the day at which the investigation was 
 entered upon, we had not the necessary time, and did not wish'to incur 
 the necessary expense, of sending for these witnesses; and we only re- 
 ported upon the general facts which had come before us. 
 ( 332 ) 
 
Jan. 25th.J AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 Ashley County Election.— DUVALL—SAEBER—McCLUEB—CYPEKT. 
 
 Mr. DUVALL. I can see no good growing out of all this talk. It is 
 not tending to create harmony, union, and good feeling, here. Our con- 
 stituents will not be benefited by it; and I think we should certainly cut 
 this discussion short. I move to amend the motion to have the Reports 
 laid on the table and printed, so as to strike out all of both Reports, 
 except the resolutions admitting the delegates to their seats. 
 
 Mr. SARBER. I do not think that the proposed amendment is fair. It 
 places the majority of the Committee in rather a peculiar position before 
 this Convention. The action of the Committee has been criticized, by 
 gentlemen here, upon the question of the facts being as reported ; and the 
 course of the Committee has been reflected upon, as being influenced by 
 motives of a partisan nature. For that reason we desire to have the facts 
 before the Convention. 
 
 Mr. DUVALL. I do not ofl'er my amendment from any bad feeling, or 
 any prejudice ^against anybody; but such discussions and debates as these 
 are not tending to harmonize, or to create good feeling. No constituency 
 in the State can be benefited by the discussion. I desire to drop the whole 
 matter, and let it fall where it is. 
 
 Mr. McCLURE. I do not know that I understand what is meant. Every 
 gentleman has succeeded in speaking his piece — he has manufactured all the 
 capital, out of this question, that he will ever want. That is all that this 
 discussion is for. These members are already admitted, and sworn in. A 
 resolution admitting them would not place them in any better position 
 than they are in now. An adoption or rejection of the Reports, or either . 
 of them, would not afi'ect the parties. The discussion is entirely irregu- 
 lar ; for it afiects nothing, and the discussion of a question which affects 
 no person or thing seems to me entirely out of order. There is no neces- 
 sity for it ; and it matters very little to the other fifty-seven counties out- 
 side of Ashley, whether there were frauds committed in the election there, 
 or not. I cannot conceive that it makes any difference whatever. These 
 gentlemen, I repeat, have- their seats, under the resolution, already. It 
 looks to me like perpetuating testimony after a conviction or acquittal ; 
 and I see no useful purpose to be subserved by it. 
 
 Mr. CYPERT. The motion of the gentleman from Lawrence [Mr. 
 Duvall], proposes what I conceive to be just. The gentleman from Union 
 [Mr. Wilson] had the same idea in his mind, and very forcibly expressed 
 it. This matter was referred to the Committee, with instructions to do a 
 certain thing. They failed to do that thing, and have done something 
 else. Their instructions were, to inquire into the qualifications of the 
 members, and liot into their election. They have gone outside of their 
 instructions, and have investigated an entirely diflferent matter. I call for 
 the reading of the instructions. 
 
 The SECRETARY read, from the Journal, of January 16th, the motion 
 
 ( 333 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Ashley County Election.— GENEEAL DEBATE. 
 
 instructing the Committee on Elections, in the matter, and the amendment 
 offered thereto, and adopted, as follows : 
 
 Mr. MATTHEWS, of Drew, presented the credentials of Messrs. Moore and 
 Norman of Ashley County. 
 
 Mr. BEOOKS, of Phillips, moved to refer said credentials to the Committee 
 on Elections. 
 
 Mr. McCLUEE, of Arkansas, moved to amend by instructing the Committea 
 on Elections to inquire into the qualifications of the members in question. 
 
 Mr. CYPERT. That is the point I made. It was argued, by the gen- 
 tleman from Arkansas [Mr. McCldre], that we had a precedent for 
 examining into the qualifications of members elect. Some contended 
 that we could examine into the question of their election ; others that 
 that point was determined by the General commanding, and that we 
 could determine only the qualification. It was added, on motion from 
 the gentleman from Arkansas, to instruct the Committee to inquire into 
 the qualifications. The question raised was as to the loyalty of the mem- 
 bers elect. 
 
 Mr. BROOKS. The gentleman is perhaps correct in part; but, cer- 
 tainly, not entirely. Whether the record shows the entire sense, or not, 
 may be a question of interpretation. The simple fact of the motion to 
 refer to the Committee on Elections the credentials, and so forth, was a 
 reference of the entire subject of the election; and the motion of the . 
 gentleman from Arkansas [Mr. McClure] was understood, at least, what- 
 ever may have been its design, to be simply an addition. He added, to 
 the instructions already proposed, that they should also examine into the 
 qualifications of the members. On the theory of the gentleman from 
 White County [Mr. Cypert], what was the Committee to examine ? K 
 the examination was simply an inquiry into the qualifications of the 
 members,, what did we intend in the first place ? It will be remembered 
 that in the discussion of the subject we claimed the authority of the Con- 
 vention to examine, by Committee, the credentials, and to investigate, 
 and take testimony, with respect to the election of the members; and 
 then the honorable gentleman from Arkansas moved his addition to the 
 instructions. 
 
 Mr. MALLORY. With regard to the charge that the Committee went 
 outside of their province, I have to say that the Committee did what they 
 considered to be their duty, and reported back the result of their labors, 
 for the action of the Convention. 
 
 Mr. MISNER rose to a point of order. The gentleman's remarks were 
 out of order. 
 
 The PRESIDENT overruled the point of order. 
 
 Mr. MALLORY. The Committee have done what they considered their 
 (334 ) 
 
Jan. 25th.J AEKANSAS CON^STITUTIONAL CONVENTION. [16th Day. 
 Ashley County Election.— GANTT. 
 
 duty. They have reported to the Convention. It is for the Convention 
 to accept or reject their report. It makes no difference to the Committee 
 vi^hat action the Convention shall take. We acted vrithout personal feel- 
 ing in the matter. 
 
 Mr. HICKS. I move that the entire subject be postponed; and on that 
 motion I call for the yeas and nays. 
 
 The yeas and nays w^ere ordered. 
 
 Mr. GANTT. I believe every member of the Committee on Elections 
 has addressed the Convention on this matter. As is known to the Con- 
 vention, I was the minority of that Committee. In the discharge, of my 
 duty as a member of that Committee, I considered it requisite to inquire 
 specifically into the legality of the credentials. And I will say, just here, 
 that in the deliberations of the Committee there was no partisan feeling 
 manifested by the majority, towards the gentlemen, individually, who 
 claimed seats as representatives from Ashley County. The largest lati- 
 tude was given me in the cross-examination of the witnesses introduced, 
 except in one or two instances, already referred to, when one of the wit- 
 nesses stated that two white men had been intimidated by threats of per- 
 sonal violence. I asked the witness to give me the names of those citizens. 
 He declined doing so; and I appealed to the Committee to compel him to 
 answer. The Committee declined, but asked him to state the reason of 
 his unwillingness to answer, which he did give; and the reason has been 
 stated, very fairly and correctly, by the Chairman of the Committee. 
 
 When the testimony was concluded, the Chairman of the Committee, 
 and, I believe, every member, expressed entire willingness to receive any 
 testimony which the gentlemen claiming the seats, and whose credentials 
 were in our hands, might desire to introduce. I asked the gentlemen if 
 they desired to produce any testimony. They declined to do so; and it was 
 at my suggestion, too, that they declined, on the ground that it would in- 
 volve an unnecessary expenditure of tiine. They positively asserted that 
 they could contradict all the testimony that had gone before the Com- 
 mittee; but to delay the matter until witnesses could be obtained, would 
 do them or us no good. And after I told them, as I did, that the majority 
 of the Committee was in favor of giving them their seats, and that if in 
 future they could disprove testimony given before the Committee, the 
 press was open to them, and the evidence could thus be published as fully 
 and completely as if it were put into the Report of the Committee, they 
 had no disposition to offer any rebutting testimony at the present time. 
 
 Well, sir, when we came to deliberate upon the report which was to be 
 made, I stated that, to my mind, there was only a legal question involved, 
 and that if I was correct in my conception of the question before us, a state- 
 ment of the facts was unnecessary. I took the position, in opposition to 
 
 I 335 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Saturday, 
 
 Ashley County Election.— GANTT— WILSON. 
 
 the remainder of the Committee, that the right and power to determine 
 the election and qualification of the members of this Convention, was 
 vested in the General commanding the District, and not in this body. If 
 I was correct in that, the facts amounted to nothing. There was the dif- 
 ference between us; and on that difference hinges the difference between 
 the two Eeports. So far as the conclusion was concerned, there was no 
 difference. 
 
 I regret that some acrimony has crept into this matter. I regretted, 
 exceedingly, to hear the insinuation of the gentleman from Phillips 
 [Mr. Brooks], that any of the party of convicts just brought to the Peni- 
 tentiary, had any connection with the Democratic State Convention. 
 
 Mr. BROOKS. I wish to explain. I made no such insinuation. The 
 gentleman is entirely mistaken. 
 
 Mr. GANTT. Well, sir, I understood the gentleman to say that it was 
 a strange coincidence, and so forth ; and he certainly did go on to speak 
 at length of the numerous guards sent here as members of that Conven- 
 tion. I will state, and for the purpose of correction, that not one of those 
 guards was a delegate to the Democratic Convention, and that they have 
 all returned to their homes. The delegates to that Convention are in the 
 City, with their credentials in their pockets, and had nothing to do with 
 that guard. These insinuations and recriminations are unkind, to say the 
 least of it. I am not disposed to indulge in recrimination ; it is not my 
 mode of sustaining or advocating a political principle. I am not disposed 
 to enter into a canvass in this Convention. There will be, perhaps, a time 
 when these things can be said upon the stump ; but at this time they are 
 out of place. I make these remarks merely in vindication of those gen- 
 tlemen who came here as referred to, and of the Sheriff who came in charge 
 of those prisoners. 
 
 If I understood the honorable member from Union [Mr. Wilson], he 
 takes the same view of this matter that I do. He says this Committee 
 was only charged with the duty of ascertaining whether these gentlemen 
 from Ashley are furnished with proper credentials from the commanding 
 General of the District, entitling them to seats in this body. If that is his 
 opinion, he and I agree. And yet he jumped into my Eeport, and called it 
 humbug, and said it was as long as the moral law, and four times as long. 
 I may have had the misfortune not to make that Report as terse as I might 
 have done ; but because it is long, he ought not to reject the principle. If 
 the report is correct in principle, its faults of style should not condemn it. 
 
 Mr. WILSON [Mr. Gantt retaining the floor.'] If I understood the Re- 
 port, the gentleman differs, very materially, from me. I contend that the 
 Committee had a right to ascertain whether those gentlemen could take 
 the oath. We have failed to prescribe, or to take, the oath which the Law 
 anticipates. The Law declares that no person shall be eligible to a seat 
 ( 336 ) 
 
Jan. 25th.] AEKAKSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 
 Ashley County Election.— GANTT. 
 
 upon this floor, who is not able to take the oath of registration. And I 
 said this body had a right, and has still a right, if there is any man here 
 who cannot take that oath, to have him expelled. Of the result of the 
 election, General Ord, as I hold, is the sole judge. Of the qualification to 
 take the oath, I contend that we are the judges. I expected, when I came 
 here, to have to take the "iron-clad" oath. General Ord has not deter- 
 mined upon the personal competency of these gentlemen. 
 
 Mr. GAISTTT. I would like to know how much more the gentleman is 
 going to inject into my speech. [Laughter.] I have but little more to 
 say; and after the voluminous statement of the gentleman, there remains 
 just that diflference between us that there is between tweedle-dum and 
 tweedle-dee. [Laughter.] He says General' Ord settles th,e question of 
 these credentials ; and that position is the basis of my report. General 
 Ord has exercised that power; and the papers show it, — that he has passed 
 upon- the election held, as indicated by the returns made by the Registrars 
 of that County, upon which returns the commanding General has declared 
 these gentlemen duly and legally elected, and entitled to their seats, and 
 has summoned them here, by their names, by express order. In my 
 judgment, the duties of this Convention, in respect of the title of members 
 to their seats, cease when the members appear, submit the order constitut- 
 ing their credentials, and take the oath. As to the right of the Conven- 
 tion to require the members to do their duty, — that is, to be sworn, — no- 
 body questions. The Reconstruction Act gives the Convention the power. 
 The Reconstruction Acts limit our powers ; and the Convention can ex- 
 ercise only such powers as are delegated by the original Act, and by the 
 Acts supplementary and explanatory thereof. 
 
 As remarked by the honoi-able member from White [Mr. Cypbrt], it is 
 apparent, from even a casual examination of this matter, that all of the 
 testimony before the Committee was hearsay testimony. The honorable 
 member from Johnson [Mr. Saebee] undertook to avoid that objection, 
 by saying that the evidence came in the shape of testimony taken before 
 the Bureap Agent. That still leaves it hearsay. We had before the 
 Committee only the statement taken under the oath administered to the 
 Registrar, and to the Freedmen's Bureau Agent, that these parties had 
 made these affidavits before the witness, and that he had forwarded them 
 to General Ord, after the forwarding of the returns of the election. It is 
 still hearsay testimony ; give it its utmost limit, regard it most favorably, 
 and it is still mere hearsay, a species of testimony upon which the courts 
 never look with allowance. 
 
 Another point has been raised, in regard to the conduct of even the 
 United States soldiers in the County of Ashley. It is not absolutely 
 asserted that they took an active part in any outrages ; but at all events 
 they were lawless. That has nothing in God's world to do with the result 
 
 22 ( 337 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Saturday, 
 
 Ashley County Election.— GANTT. 
 
 of the election. If those soldiers were untrue to their flag, if they demeaned 
 themselves in such a way as to make themselves objectionable to their 
 Government, the officers, or |he privates themselves, should have been 
 punished, and punished promptly. But if it becomes necessary for the 
 Convention to enter into a consideration of that testimony, let us look at 
 it, and see what it amounts to. Of course, when we come to consider that 
 testimony, it is our privilege to look at all the circumstances that will 
 throw a doubt or question, as to truth, around it. These witnesses testify 
 that the voters were intimidated in open day. It is stated that a man in 
 a store, — in the presence, and hearing, too, of the Registrar, who, under 
 the Reconstruction Act, had the power to arrest him, — declared that 
 if another man present belonged to the Union League, he would kill 
 him, and if he should vote the Radical ticket, he would kill him any- 
 how. He was not arrested. There was a company, or more, of United 
 States soldiers quartered in the town, and sent there for the express pur- 
 pose of protecting the people and enforcing the Reconstruction Acts. 
 Still no arrests were made ; all this intimidation went on; all these threats 
 continued to be published. Men were driven from the polls, men were 
 attacked with bowie-knives, menaced with being driven from their homes, 
 without meat or bread, and threatened that they would receive no employ- 
 ment for the future. With all this protection around them, with soldiers 
 to guard them, this intimidation of citizens entitled to the elective fran- 
 chise, under the Reconstruction Acts, went on without let or hindrance. 
 It is unreasonable — it is unreasonable under any other hypothesis than 
 that of a wilful disregard of duty by the officers there, military and civil. 
 Well, if they take this to themselves, if they wish to publish to the world 
 tha,t they have been remiss in their duty, that they have sat still and seen 
 the law violated, that they have held their peace and held their hands, 
 while they have seen justice murdered, and citizens driven from the polls, 
 by threats— if they want to take that to themselves, let them take it ! 
 The testimony, taken as it stands, shows a wilful, gross, and, I will say, 
 criminal neglect of duty, on the part of the officers, civil and military. 
 
 But there is another side to this question of threats and intimidations 
 and lawlessness and outrage. And I desire that the facts, as they appear 
 in this Report of the Committee, shall go to the country and to the world. 
 If the parties feel that they or their County are involved in the matter, 
 the good people of Ashley County can publish to the world the reverse of 
 that question, and show the other side of the picture. It is asserted, by 
 men of unquestionable truth, that the testimony taken before the Com- 
 mittee can be contradicted, in general and in particular. Let the facts go 
 to the world ; and then let the good people of Ashley vindicate themselves 
 by the publication of the other side of those facts. I have no disposition 
 in the world to avoid, for the people of Ashley County, or that portion of 
 ( .338 ) 
 
Jan. 25th.J AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day, 
 Ashley County Election.— GANTT— DALE. 
 
 them who agree with me in politics, any odium, if odium should justly 
 attach to them. I am certain that the representatives of that constituency, 
 upon this floor have no desire to shield their constituents from odium, if 
 entitled to it by frauds and intimidations in the election. 
 
 General Ord says that if the entire vote cast in Union Precinct were 
 thrown out, or placed as a unit on either side, it would not alter the 
 result. Here seems to be another discrepancy. There were seventy-five 
 voters, white and black, in Union Precinct, and at least fifty voted. Yet 
 the Registrars say the majority in that County was only eighteen. Of 
 course, if that was the case, and we put the vote of Union Precinct as a 
 unit upon the other side, the result would be changed. Either General 
 Ord is wrong or the Registrars are wrong. There is an error somewhere. 
 The Registrars say there was a difference of only eighteen votes. I can- 
 not reconcile the two statements. It is not my right or privilege, under 
 the Reconstruction Acts, to question the soundness of General Ord's posi- 
 tion. He has had the returns before him; he has solemnly declared that 
 Messrs. Nokman and Mookb were duly elected, and are entitled to seats in 
 this body. If the testimony before the Committee is true, it contradicts 
 the official announcement of the commanding General. 
 
 I intended to say nothing ; and when this discussion commenced, I deter- 
 mined, in my own mind, not to open my mouth ; but the discussion has taken 
 such a broad scope, that I felt it, and feel it now, to be justice to myself 
 to make these statements. My report was based upon the theory that we 
 had nothing to do with the legality of the election; that the only question 
 was whether Messrs, Norman and Moore had a right to their seats; and I 
 so reported, and concurred with the majority in the recommendation that 
 they be permitted to assume their seats. But whilst the testimony taken 
 did not affect the question of their right to admission, still the majority 
 felt it proper and necessary to report the facts to the Convention. I had 
 no objection to that; I did not object to their embodying in their Report 
 the facts, if they had adopted my principle, and added the facts to it. I 
 wanted the facts to go to the world; and I still so desire. 
 
 Mr. DALE. I did not intend to say one word in regard to this matter, 
 and do not now intend to say many. But I wish to set myself right, as 
 well as the majority of the Committee, As I understand the question 
 now, it stands about thus. There is a motion, before the Convention, to 
 lay the Repor't on the table, and have it printed. The gentleman from 
 Lawrence [Mr. Duvall] introduces a motion for an indefinite postpone- 
 ment of the whole matter, Now, sir, I hope the motion of the gentleman 
 from Lawrence will not prevail; and for this reason. The gist of the 
 speech of the gentleman from Ashley County, as I regard it, is, that he 
 not only questions the legal right of the Committee on Elections to take 
 
 ( .S,S9 ) 
 
1868.] DEBATES AJSTD PROCEEDINGS OP THE [Saturday, 
 
 Ashley County Election.— GENBEAL DEBATE. 
 
 the testimony, as heard before the Committee, but brings in question the 
 motives actuating the Committee. 
 
 Mr. NORMAN". I beg leave to correct the gentleman, as far as my 
 remarks are concerned. I had no such intention. 
 
 Mr. MOORE. J certainly had no intention of questioning the motives 
 of the Committee, in the least. 
 
 Mr. DALE. I stand corrected, then. That was my understanding of 
 the gist of the speech ; that it brought in question not only the right, but 
 the motives, of the Committee. So far as I am concerned, I wish to say 
 that it makes little difference to me, what men think about my motives. 
 I did what I believed to be right in the premises; and my reason for 
 hoping that the motion of the gentleman from Lawrence will not succeed, 
 is 
 
 Mr. DUVALL. I wish to correct the gentleman in regard to my mo- 
 tion. It was, to amend the motion proposing to print, by striking out all 
 of the Reports of both the majority and minority of the Committee, except 
 the resolution. 
 
 Mr. DALE. At any rate, iliy earnest desire is that the testimony and 
 Report shall be printed, and go to the world. I do not propose to permit 
 any man to sit here as a jury, to decide whether my motives are correct 
 or incorrect. I am willing that the people of the State shall judge as to 
 the right of the matter, when it shall be laid before them. 
 
 Mr. BROOKS. I desire to explain, very briefly. I have not participated 
 in the discussion, and do not propose to do so. My response with refer- 
 ence to the comparison between the Counties of Ashley and Phillips, was 
 simply to offset the reflections of the honorable member from Ashley [Mr. 
 Moore], respecting my " loyal" constituency. I did not, in my remarks, 
 allege either that the convicts were members of the Democratic Conven- 
 tion to be assembled here on the 27th instant, or that the guard who 
 came with them were miembers. I simply said, as the honorable gentle- 
 man from Prairie [Mr. Gantt] finally stated it, that it was a remarkable 
 coincidence, and that it was a singular fact that it should require thirty- 
 two men, at an expense of fifteen hundred dollars, to guard a small squad 
 of colored convicts from Helena here. 
 
 Not having participated, at all, in the discussion of the question upon 
 its merits, I feel at liberty, especially after so long a time has been con- 
 sumed in the debate upon the subject, to move, as I do, the previous ques- 
 tion. 
 
 Mr. GREY, of Phillips. As we all have to vote conscientiously in this 
 matter, I wish to state my reasons 
 
 Mr. BROOKS. I must insist upon the motion for the previous question 
 being put. 
 
 Mr. GREY. I dq n6t think it fair to cut off debate in this way. 
 ( 340 ) 
 
Jan. 25th.] AEKANSAS CONSTITUTIONAL CONVENTION. [16th Day. 
 Ashley County Election.— BEOOKS— KYLE. 
 
 Mr. BROOKS. I would say, notwithstanding the remark of my col- 
 league, that I have no desire to treat any gentleman with unfairness. 
 
 Mr. KYLE. I hope the Convention will not sustain the call ; be- 
 cause 
 
 The PRESIDENT. Debate is out of order. 
 
 The question was taken on the call for the previous question ; and, a 
 division being asked, the call was sustained, — Ayes 37, Noes 17 ; so it 
 was ordered that the main question be put. 
 
 The PRESIDENT ruled that the question before the Convention, under 
 the operation of the previous question, was the motion that the Report of 
 the majority of the Committee on Elections lie upon the table, that one 
 hundred copies be printed, and that the same be made the special order 
 of the day for Tuesday, January 28th. 
 
 The question was taken upon that motion, and, a division being called 
 for, it was decided in the negative, — Ayes 22, Noes 25. 
 
 Mr. BROOKS. I move that the Convention now adjourn. 
 
 Mr. KYLE. I ask that the motion be withdrawn, to enable me to move 
 that when the Convention adjourns, it adjourn to Tuesday morning. It is 
 understood that there is a meeting of the Democracy on the 
 
 The PRESIDENT. The motion to adjourn not being withdrawn, the 
 gentleman's remarks are out of order. The Chair regrets that motions of 
 this nature are not made in time. The Chair endeavors to state fairly the 
 question before the Convention; and when the vote has been begun, or 
 when motions not admitting of debate are pending, the rules must be 
 strictly enforced. 
 
 Mr. BROOKS moved that the Convention adjourn. 
 
 The question was taken on the motion to adjourn ; and the motion was 
 agreed to ; 
 
 And thereupon, at 12.30, p.m., the Convention adjourned to 10, a.m., of 
 Monday, January 27th. 
 
 SEVENTEENTH DAY. 
 
 Monday, January 27th, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 The roll was called ; and the following members answered to their names : 
 
 Messrs. Beasley, Balden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 
 ( 341 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Adjournment— Ashley County Election.— HINDS— BBADLET. 
 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crit- 
 tenden, Hodges of Pulaski, Hoge, Houghton, Hutchinson, Johnson, Kyle, 
 Ijangley, Mallory, Mason, Matthews, Merrick, Misner, Millsaps, Montgomery, 
 Murphy, McCown, McClure, Moore, Norman, Oliver, Owen, Poole, Portis, 
 Priddy, Puntney, Eawlings, Eector, Eeynolds, Eounsaville, Samuels, Sarber, 
 Scott, Shoppach, Sims, Smith, Snyder, Van Hook, Walker, Wilson, White, 
 Williams, Wright, Wyatt, and the President. 
 Sick. — Mr. Sams. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 The Journal of the preceding day was read and approved. 
 
 ADJOURNMENT. 
 
 Mr. MOE"TGOMERr moved that the Convention adjourn until the 
 morrow morning at ten o'clock. 
 
 Mr. CYPERT asked to make an explanation. He was aware of the 
 object of the motion ; but the supposed necessity for it did not exist. He 
 hoped that when the Convention should adjourn, it would be to the day 
 after the morrow ; but there was no reason why the Convention should 
 not at the present proceed with business. The Convention which was to 
 meet in the City, would on this day do nothing more than to make pre- 
 liminary arrangements. 
 
 ASHLEY COUNTY ELECTION — RESUMED. 
 
 The PRESIDENT announced, as the unfinished business before the 
 Convention, the consideration of the Reports from the Committee on 
 Elections, on the Ashley County Election, 
 
 And, by consent, that question was taken up, to the exclusion of the 
 regular order of business. 
 
 Mr. HINDS. I do not understand the actual situation of the subject 
 before the Convention. For the purpose, however, of getting the matter 
 before the Convention, I shall move that the Majority Report be adopted, 
 and that the accompanying evidence be printed. 
 
 Mr. BRADLEY. I move, as a substitute for that motion, that both Re- 
 ports be laid upon the table. 
 
 Mr. BROOKS inquired of the Chair the attitude of the question before 
 the Convention. 
 
 The PRESIDENT. The Chair understands that the Reports were 
 left in the same attitude as when first presented to the Convention, and 
 that they are now subject to any motion. The question on motions 
 entertained by the Chair, on Saturday, was not put, from the fact that 
 the Chair believed the motions to have been in the first instance erro- 
 neously e^tertained. The Chair does not understand a motion to lay upoji 
 ( 342 ) 
 
Jan. 27th.J AEKANSAS CONSTITUTIONAL CONVENTION. [17tli Day. 
 
 Ashley County Election.— MOOEE. 
 
 the table, print a certain number of copies, and make the subject the 
 special order of the day for a day named, to be capable of amendment, 
 except in regard to the last two particulars. The Chair, having improp- 
 erly entertained the amendments, ignored them. The Convention refused 
 to lay the Reports upon the table and order them printed. The Chair 
 erroneously, — as, upon investigation of the authorities, he is convinced, — 
 entertained certain motions which should in the first instance have been 
 ruled out of order. The Chair does not desire that the decision made 
 on Saturday, as to the effect of an order of the previous question, should 
 be taken as a precedent. The question should, properly, have been taken 
 first upon the motion for indefinite postponement, and then upon such 
 other legitimate amendments, if any, as M'ere before the Convention. 
 
 The gentleman from Pulaski [Mr. Hinds] now moves that the Majority 
 Report be adopted, and be printed, together with the accompanying evi- 
 dence. The gentleman from Bradley [Mr. Bradley] moves, as a substi- 
 tute, that the consideration of both Reports be indefinitely postponed. 
 The question will be upon the substitute. 
 
 Mr. PUCKS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. HINDS. I desire to say a word before the question is put. 
 
 The PRESIDENT. The question is not debatable. 
 
 The question was taken ; and it was decided in the negative, — Yeas 33, 
 Nays 35, as follows : 
 
 Yeas: Messrs. Beasley, Bradley, Coates, Corbell, Cypert, Duvall, Evans, 
 Gantt, Hicks, Hollis, IIod£;es of Crittenden, Hoge, Kyle, Mason, Matthews, 
 Merrick, Misner, MeCown,* Moore, Norman, Owen, Portis, Puntney, Eawlings, 
 Eeynolds, Eounsaville, Samuels, Shoppach, Sims, Van Hook, Walker, Wilson, 
 and Wright— 33. 
 
 Nays: Messrs. Belden, Bell, Brashear, Brooks, Dale, Exon, Gray of Jeifer- 
 son. Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hodges of 
 Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Millsaps, Mont- 
 gomery, Murphy, McCown,* Oliver, Poole, Priddy, Eeetor, Sarber, Scott, Smith, 
 Snyder, White, Williams, Wyatt, and the President — 35. 
 
 So the Convention refused to indefinitely postpone the consideration of 
 the Reports. 
 
 The question recurring upon the motion that the Majority Report be 
 adopted, and be printed, with the accompanying evidence, 
 
 Mr. MOORE said : I move to amend that motion, by adding the Mi- 
 nority Report. 
 
 * By manifest inadvertence, the name of Mr. McCoWN is in the Journal recorded and 
 counted both among the Teas and the Nays. — Ekpoeter. 
 
 ( 343 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Monday, 
 
 Ashley County Election.— MOOKB—CTPEET—McCOWN— HINDS. 
 
 Mr. WILSOJST [in his seat.'] I propose to add to that, Mr. Norman's de- 
 fence. 
 
 After some discussion as to the parliamentary aspect of the question, 
 
 Mr. MOORE explained that his intention was, not merely to add, to the 
 motion of the gentleman from Pulaski [Mr. Hinds] a provision for the 
 printing of the Minority Report, but to renew the motion of Mr. Cypeet 
 that the Minority Report be adopted, and that it be printed with the evi- 
 dence. 
 
 Mr. CYPERT contended that the Minority Report necessarily took 
 precedence of that of the majority. 
 
 The PRESIDE]N'T. The books treat the Minority Report as only some- 
 thing to be tolerated. Whatever may be the opinion of the Chair as to 
 the parliamentary propriety of a proposition to substitute a majority re- 
 port for that of a minority, the Chair will, since it is now renewed and 
 insisted upon, consider the motion of the gentleman from White [Mr. 
 Cypeet], — made when the Reports were first presented to the Conven- 
 tion, — for the adoption of the Minority Report, as the question primarily 
 before the Convention, and will consider the motion of the gentleman 
 from Pulaski [Mr. Hinds], to adopt the Majority Report, and print it, 
 together with the accompanying evidence, as a substitute therefor. The 
 question will be upon the adoption of the substitute. 
 
 Mr. McCOWjN". I shall oppose the motion, for this reason. When the 
 claims of the gentlemen from Ashley were presented to this body, they 
 were referred to the Committee on Elections. The business of that Com- 
 mittee was, to inquire whether these gentlemen were entitled to their seats. 
 That was their only business. I do not think that question should be 
 cumbered with facts irrelevant to the particular issue. If gentlemen want 
 a report of the evidence in regard to the general conduct of the election 
 in Ashley County, fhere is a legitimate way in which it can be reached. 
 In the proper shape, I should be willing and. anxious to obtain informar 
 tion, from any part of the State, in regard to the conduct of elections; but 
 to encumber this special question of the right of these gentlemen to their 
 seats in this body, with evidence which does not affect the matter at all, 
 I consider improper ; and I shall oppose it. 
 
 Mr. HESTDS. As a member of the Committee on Elections, I wish to 
 say a word. I understand the gentleman from Ashley [Mr. Noeman] to 
 say that the statements of the Majority Report of that Committee are not 
 borne out by the facts elicited in evidence. The object of this motion is, 
 to exculpate the Committee from that charge. I desire, particularly, that 
 the evidence heard shall be published to the world. It should be to the 
 interest of the gentlemen who represent Ashley Coun^, to see that this 
 is done. If the people of Ashley County claim that the evidence is un- 
 
 ( 344 ) 
 
Jan. 27th.J AEKANSAS CONSTITUTIONAL CONVENTION. [17th Day. 
 Ashley County Election.— HINDS— CTPEET—MOOEE. 
 
 true, they have abundance of opportunity to rebut it. In justice to the 
 gentlemen representing that County, that should be the action of this 
 Convention. The gentleman from Prairie [Mr. GtANTt], who presents the 
 Minority Report, is in favor of the publication of the testimony taken be- 
 fore the Committee. I particularly desire it; and that the Majority Re- 
 port shall be accompanied by the evidence taken before the Committee. 
 It is but justice, also, to the Registrars of thg,t County, upon whom some 
 reflections have been cast by one of the representatives of Ashley, that this 
 evidence should go before the world, and that names, dates, places, and 
 all, should be published, in order that we may know what action to take 
 hereafter, in cases where such outrages may take place as are here charged. 
 
 Mr. CYPERT. I shall certainly call for a division of the question, when 
 the vote shall be taken ; meantime, I would offer these remarks. I am 
 opposed to this Convention paying for the printing of that testimony. I 
 am desirous, however, that it be printed, and go before the world, in order 
 that these gentlemen may have an opportunity to refute it. I feel con- 
 fident that they can do so. But for this body to pay the expense of print- 
 ing a batch of trash — of political documents, — for the purpose of pander- 
 ing to petty political influences, I take to be out of the purview of the 
 Convention. I do say, however, that I wish the whole matter to go be- 
 fore the world, that these gentlemen may be afforded the chance to con- 
 tradict the batch of stuff which is offered here as testimony. The result 
 which I desire can be arrived at only by a division of the question, so that 
 we may vote separately upon the questions of the printing of the testimony 
 and of the adoption of the Report. Some gentlemen may wish to adopt 
 the Report, who would not be in favor of expending the money of the State 
 in printing this trash. At the same time, I want to see how gentlemen 
 propose to vote upon the subject; and I shall call for the yeas and nays on. 
 the question of the adoption of that Report — I want to see whether gentle- 
 men are going, by adopting the Report, to assume as facts, statements 
 " proven " by testimony that could never have been introduced before any 
 court of record in the world — altogether hearsay — mere rumors — testi- 
 mony, also, which, if true, shows that the witnesses have been derelict in 
 their duty as sworn officers of the country. If gentlemen are ready solemnly 
 to declare that report to be true, I want to see their names. 
 
 Mr. MOORE. I desire to say but little. I will state that neither Ashley 
 County, nor Ashley County delegates, at any time shrink from the publi- 
 cation of this testimony. At the same time, the publication of one report, 
 without the other, does us injustice. I hope, then, the gentleman from 
 Pulaski [Mr. Hinds] will amend his motion, so as to provide that both 
 Reports shall be printed, and that no action shall be taken until they are 
 printed, together with the testimony. I hope the gentleman will be 
 magnanimous enough for that. I believe he has some feelings of magna- 
 
 ( 345 ) 
 
1868.] DEBATES AND PEOOEBDINGS OP THE [Monday, 
 
 Ashley County Election.— MOOEE— HINDS— HODGES of Pulaski, 
 
 nimity about him; and I believe he will come up to the rescue of my 
 people, in that way, if he expects to travel among them. He expects to 
 visit us, to associate with us ; and of course he would wish that Ashley 
 County should have justice. We do not shrink, at all, from the printing 
 of the testimony. We are willing to be held up before the world in just 
 the attitude in which we ought to stand. All that we want is, to have 
 the facts before the world ; -and I do hope that the gentlemen on the other 
 side will consent to the publication of the whole matter. Let the world 
 read it — let Ashley read it — let Benton read it — let Crittenden read it — 
 let it be read all over Arkansas. 
 
 We come here for one common purpose. Ashley County has already 
 cost the State of Arkansas three thousand dollars, in order that my col- 
 league [Mr. Norman] and myself might take a seat in this body. I want 
 this question disposed of. I am tired of hearing of the " Ashley County 
 case " — it worries me — it worries me exceedingly. I hope that all that 
 has been said upon this floor, and all that has been elicited as testimony 
 in the committee-room, will be published, and that the whole matter will 
 then be laid upon the Secretary's table, and never referred to again. Let 
 the world know that there are some reckless boys in Ashley County. 
 There are such in every county in Arkansas, and in every county in the 
 United States. I am not confined, in my observations, to Arkansas; I 
 have been in other parts of the United States. I know that there are 
 reckless and foolish young men in every part of the country. I know 
 that all parties, everywhere, at elections, use their most vehement energy, 
 in working for their friends. They do so in Arkansas ; and they will con- 
 tinue to do so; for a man in Arkansas, when he is a friend to another, 
 sticks as close as a brother. I am glad it is so. 
 
 I repeat the expression of my hope that gentlemen will consent that 
 both Eeports, with the accompanying evidence, be printed, and that 
 until that time no action shall be taken. There are many gentlemen here 
 who have not read the testimony. They have only heard it read. They 
 do not know all the facts. I want them to read it carefully— to take it 
 with them to their retirement, and to look at it just as would a jury who 
 had retired to their jury-room to make up a verdict. 
 
 Mr. HINDS. I think there is no disposition, upon the part of any gen- 
 tleman, to exclude the publication of the Minority Report. It is but justice 
 to the other party that that Report should accompany the Report of the 
 majority. We have no objection to that. Wo desire that the Majorit/ 
 Report be adopted, and shall insist upon its adoption ; and we think it 
 but just and proper that the evidence should accompany it, in answer to 
 the reflections which have been cast upon the Committee. 
 
 Mr. HODGES, of Pulaski. I did not intend to say any more on this 
 subject. I ofiered a motion, the other day, that the entire matter be 
 ( 346 ) 
 
Jan. 27th.J AEKANSAS CONSTITUTIOlSrAL CONVENTION. [17th Day. 
 Ashley County Election.— HODGES of Pulaski— BKADLET—SAEBEK. 
 
 printed, and made a special order. I think it is unusual to adopt and then 
 print. For if we adopt a report, that ends the matter. I do not know 
 that we then need any printing. It was in order that we might vote in- 
 telligently, that I oft'ered my motion, the other day, that hoth Reports he 
 laid upon the table and be made the special order for another day, — in 
 order that we might read, digest, understand, and vote accordingly. I 
 have no objections, now, to the immediate adoption of the Majority Report; 
 but if we are to take that course, we do not need the Report printed. 
 
 Mr. BRADLEY. I do not see, sir, for my life, how this Convention has 
 cognizance of that Report, otherwise than as it involves the contest as to 
 a title to seats upon this floor. If so much of that Report as recommended 
 Messrs. Noeman and Moorb to take their seats as delegates from Ashley 
 County was adopted, we certainly adopted as much of the Report as we 
 had any occasion, or any right, to adopt. If there is any outside testi- 
 mony, having relation to political parties and political aspirations, it cer- 
 tainly is matter on which the State is not to go to any expense. I do not 
 think any man here wants, when he goes home, to find himself placed 
 upon the record as voting to take the time and money of the State for the 
 purpose of circulating a political document. We have attended to all 
 over which we -have jurisdiction ; and here we are wasting time and 
 money, merely to gratify political ambition, on one side or another. I 
 regard such a course as simply ridiculous. If there is anything, in either 
 of these Reports, involving the political character and standing of either 
 of the parties, it behooves them, in their own vindication, to see that it is 
 published. It behooves not us, as a convention, after the only legitimate 
 question, that in regard to the title to seats, has been settled, and the gen- 
 tlemen are actually occupying their places, to be making speeches for and 
 against a measure upon which we have already passed, and simply because 
 it will have an outside influence in this direction or in that, and bolster 
 up this, that, or the other party. This Convention is to be considered a 
 body separate and apart from political influences, — to legislate for the 
 good of the country, and not to compromise its dignity by delving down 
 into the low places of political contest, and spending the hard earnings of 
 the people in the mere interest of party. I protest against this proceeding. 
 "We have indulged in enough of this kind of legislation. In the name of 
 God, let us have done with it ! let us wash our hands of it, and no longer 
 turn aside to dabble in the muddy waters of personal political conflict ! 
 When we have decided the question legitimately before us, we have de- 
 cided all that the civilized and intelligent world will recognize as our 
 affair. The main issue has been settled ; and we are fooling away our 
 time, and robbing the Treasury of the hard earnings of the people. 
 
 Mr. SARBBR. From the remarks of the gentleman, I do not think he 
 has heard the Report of the Committee. 
 
 ( 347 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Ashley County Election.— SAEBEE—BEASLET. 
 
 Mr. BEADLEY [in his seaf] Better posted than you think I am. 
 
 Mr. SARBER. Probably better. The question at issue between the 
 Majority and Minority Reports is, whether we have the right to determine 
 the qualifications of members. We ask that the matter may come before 
 the Convention. We have said nothing, to the world, to bolster up any 
 political party, or set of men ; we have asked only that the whole matter 
 go to the Convention, since gentlemen upon this floor have represented 
 the Committee as actuated by partisan motives, and have also character- 
 ized the testimony of the witnesses as false, and wilfully false. We ask 
 only that the Convention shall decide the question for themselves, and 
 take the onus from the shoulders of the Committee. That is all we ask. 
 We shall insist upon the adoption of the Majority Report. 
 
 Mr. BEASLEY. I stand here as one of the representatives of twenty- 
 one hundred registered voters, and as one of the representatives of the 
 tax-payers on a million of property. I conceive, sir, that the mere refer- 
 ence of the matter under discussion, to the Committee on Elections, was 
 not, perhaps, inappropriate ; and I conceive that when that Committee 
 reported that the gentlemen in question were entitled to their seats, that 
 was all we had to do with the matter. With evidence outside of that, 
 we have nothing to do ; and I am determined, when I go home, to show 
 to the people of Columbia Countythat I opposed the lugging in of any 
 measures, whatever, that would tax the people to the extent of three days' 
 labor of this Convention, for a matter wholly irrelevant to the object for 
 which we assembled. I must therefore cast my vote against the proposi- 
 tion. Three days have now been expended, here, about nothing. The 
 Committee has reported that the gentlemen were entitled to their seats. 
 That Report precludes all testimony outside of the particular question 
 involved. Suppose we undertake to ferret out all the frauds, and look up 
 all the threats, that have been used, in this wretched canvass through which 
 we have all passed. If that is to be done, you may go to Columbia 
 County, and find that men were threatened and intimidated, to keep them 
 from the polls. You will find the same state of facts in any county in the 
 State. But we have succeeded, and the commanding General has decided 
 that we are entitled to our seats. He has decided that these gentlemen 
 are entitled to their seats; the Committee has decided that they are so 
 entitled : and what more do we care for ? Do we care to publish rumors, 
 in regard to this election, that may result in the taking of lives in that 
 County ? We should be peacemakers. I am a peacemaker; and in being 
 so I am happy in the knowledge that happy is the man who will strive to 
 cover the faults and foibles of his fellow-beings. They have done wrong, 
 perhaps, ia Ashley County ; but these gentlemen have their seats, under 
 the decision of the military commander, and of your honorable Commit- 
 tee. What more do we care to know? 
 ( 348 ) 
 
Jan. 27th.] AEKANSAS CONSTITUTIONAL CONVENTION. [17th Day. 
 Ashley County Election.— KTLE— GREY. 
 
 I shall oppose the motion to print the Report. 
 
 Mr. KTYLE. I did not propose to have anything to say upon this ques- 
 tion, for the express reason that I did not desire to consume the time of 
 the Convention in the discussion of so unimportant a matter. I regard 
 it as unimportant, for the reason that the members from Ashley County 
 were admitted to their seats, and that both the Majority and Minority Re- 
 ports reach the same conclusion. I did hope V7e would not spend so much 
 time in a discussion of the propriety of publishing these Reports, after a 
 conclusion had been reached. If, however, the Majority Report is to be 
 published, most assuredly the Minority Report should be published also. 
 Let those who may be interested in the question, see both sides. I see no 
 great unfairness in either of the Reports. That the Committee had a 
 right to come to the conclusion that informalities, and illegal acts, had 
 taken place in Ashley County is undoubtedly true. The testimony so 
 states. I shall not undertake, at all, to decide upon the credibility of that 
 testimony. I take it to be true, as I would in the case of any other testi- 
 mony, until it is impeached and disgraced. The Minority Report simply 
 recites the course prescribed by the Reconstruction Acts, with regard to 
 the election and admission of members. For the very reason that nothing 
 can be practically accomplished by pursuing this matter, I voted for its 
 postponement. If, however, the Convention desires the publication of 
 the Majority Report, why then, in the name of common sense, publish 
 the other with it. 
 
 With these views, I move to amend the motion of the gentleman from 
 Pulaski [Mr. Hinds], by including, in the order of publication, both Re- 
 ports. Then, everybody who wishes to make capital out of them, here- 
 after, may examine them, if they so desire. For my own part, I have no 
 use for them. 
 
 Mr. GrREY, of Phillips. It will be remembered that when the creden- 
 tials were presented, I voted for the admission of these gentlemen to their • 
 seats ; and as the two Reports start from different sources, to reach the 
 same point, it will be difficult for me to vote upon this question, unless 
 both Reports shall be included. I suppose all deliberative bodies in this 
 country set out from the principles laid down in the Constitution of the 
 United States. In Article I, Section 5, of that article, it is provided, 
 in regard to the Congress, that 
 
 "Each house shall he the judge of the elections, returns, and qualifications 
 of its own members." 
 
 In this case, these two propositions, in my opinion, have been divided, 
 from the simple fact that the supplementary Reconstruction Act, Section 
 4, contains the following provisions : 
 
 " And be it further enacted, That the commanding general of each district 
 
 (349) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 Ashley County Election.— GREY— McCOWN. 
 
 shall appoint as many boards of registration as may be necessary, consisting 
 of three loyal officers or persons, to make and complete the registration, super- 
 intend the election, and make return to him of the votes, list of voters, and of 
 the persons elected as delegates by a plurality of the votes cast at said elec- 
 tion ; and upon receiving said returns he shall open the same, ascertain the 
 persons elected as delegates, according to the returns of the officers who con- 
 ducted said election, and make proclamation thereof; and if a majority of the 
 votes given on that question shall be for a convention, the commanding general, 
 within sixty days from the date of election, shall notify the delegates to as- 
 semble in convention, at a time and place to be mentioned in the notification." 
 
 Now, sir, according to my idea, this section of the Eeconstruction Act, 
 as I have before remarked, divides itself into these two grand propositions. 
 It malces the commanding General, in the first place, the judge of the elec- 
 tion returns; and under that idea I voted that these gentlemen might take 
 their seats. As regards the qualifications necessary, I make no doubt that 
 this body retains the power to examine, if necessary, into those qualifica- 
 tions, or into any irregularities that may come to their knowledge. That 
 is a dift'erent matter, and may be investigated, upon proper information, 
 after delegates have taken their seats. I presume the Majority Keport 
 assumes the right to examine the qualifications of the members. The 
 Minority Report speaks simply in regard to the right of these gentlemen 
 to their seats, on the ground of the validity of their elections. Under the 
 decision of the commanding General, I must vote to allow them to take 
 their seats. As to their qualifications, I might have my own opinion. 
 But as both Reports come to the same conclusion, I am willing that both 
 be printed, and that the matter rest there. 
 
 Mr. McCOWN'. I am opposed to printing either. I think it wholly 
 unnecessary. The gentleman from Pulaski [Mr. Hinds], who followed 
 me when I was on my feet before, misunderstood me. I have no dispo- 
 sition to keep any of these facts from the world. I think it is out of time, 
 to print them in this connection, and that it is out of order. N'othing is 
 more clear to my mind than that the only fact which the Committee had 
 to report upon was as to the eligibility of the gentlemen from Ashley, to 
 their seats. That question has been determined; and the gentlemen 
 occupy their seats. The gentleman from Johnson County [Mr. Sarber] 
 says it is a matter of justice to the witnesses, who have been discredited, 
 upon this floor, by the gentlemen from Ashley. We do not sit here as a 
 jury, to try a question of veracity between the witnesses and the gentle- 
 men from Ashley County. That, they may settle upon some other field, 
 and in some other form. 
 
 It would not be improper for the Committee to lay these facts, in a 
 separate report, before this Convention, for its action ; and I have no ob- 
 jection to their so doing, 
 { 350 ) 
 
Jan. 27th.J AEKANSAS CONSTITUTIONAL CONVENTION. [17th Day. 
 Ashley County Election.— GENEKAL DEBATE. 
 
 Mr. SARBER. The gentleman must, manifestly, have misunderstood 
 me. I said that, as a committee, we had no right to examine into the 
 credibility of these witnesses, until they were impeached; and that we' 
 wished permission, merely, to introduce the evidence upon which we 
 acted, in order to show the Convention the basis of the Report which we 
 submitted. 
 
 Mr. McCOWN. That does not materially change the attitude of the 
 question. The main question for that Committee to decide, was upon 
 the eligibility of the gentlemen from Ashley County, to take their seats. 
 if it is necessary to carry out the object which the gentleman names, the 
 proper method of attaining the object is by a separate report. 
 
 The PRESIDENT. The Chair will state the question. The gentleman 
 from White [Mr. Cypert] moves the adoption of the Minority Report. 
 The gentleman from Pulaski [Mr. Hinds] moves, as a substitute, the 
 adoption of the Majority Report, and that it be printed, with the accom- 
 panying evidence. The gentleman from Dallas [Mr. Kyle] moves that 
 both the Reports, together with the evidence, be printed. 
 
 After some inquiry as to the attitude of the question before the Con- 
 vention, 
 
 Mr. KYLE stated that he would greatly prefer that neither report 
 should be printed, but that if either was to appear in that form before the 
 Convention, both should so appear. 
 
 Mr. MATTHEWS asked whether a substitute for the entire proposition 
 would be in order. 
 
 The PRESIDENT. An additional amendment, in the nature of a sub- 
 stitute, would be in order. 
 
 Mr. MATTHEWS. I move that the Majority Report be respectfully 
 referred to the Republican State Central Committee, and the Minority 
 Report to the Democratic State Convention now in session. [Laughter.] 
 
 Mr. SMITH called for a division of the question, first upon the adop- 
 tion of the Majority Report, and then upon the order to print. 
 
 The PRESIDENT. The call will be in order after the Convention shall 
 have decided upon the substitute, and upon the last amendment. 
 
 Mr. WILSON. I wish to know why, if the Report is adopted, we pro- 
 pose to make it a special order of the day. If the Report is adopted, what 
 more do we want of it? 
 
 The PRESIDENT. The only province of the Chair, is, to state the 
 question before the Convention. The question is upon the substitute 
 offered by the gentleman from Drew [Mr. Matthews.] 
 
 Mr. HODGES, of Pulaski, asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. CYPERT. I apprehend that the gentleman's substitute was offered 
 merely in levity. 
 
 ( 351 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Ashley County Election.— OYPEET—McCOWN—MOOEE—SAKBBE. 
 
 Mr. MATTHEWS [in his sead.] N'o, sir. 
 
 Mr. CYPERT. It seems to me, however, that the substitute is not in 
 order. "We cannot refer a proposition, brought before the Convention, to 
 any body outside of this. It might be very proper, in itself, to take the 
 course which the gentleman indicates; but I do Bot see that it is in order. 
 
 The PRESn)EN"T. The motion is in order. 
 
 The SECRETARY began the calling of the roll, when 
 
 Mr. CYPERT appealed from the decision of the Chair. 
 
 The PRESIDENT. It is too late to raise the point of order, as the 
 Secretary has already called one name. 
 
 The vote was then taken [amid much laughter] upon the adoption 
 of the substitute; and it was decided in the, negative, — Yeas 10, K'aya 
 51, as follows : 
 
 Teas : Messrs. Beasley, Bradley, Hicks, Kyle, Matthews, Puntney, Eounsa- 
 ville, Walker, Wilson, and Wyatt — 10. 
 
 KxYs: Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Har- 
 rison, Hatfield, Hawkins, Hinds, HoUis, Hodges of Crittenden, Hodges of 
 Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, 
 Misner, Millsaps, Montgomery, Murphy, McClure, Owen, Poole, Portis, Priddy, 
 Eawlings, Eector, Samuels, Sarber, Scott, Shoppaeh, Sims, Smith, Snyder, Van 
 Hook, White, Williams, Wright, and the President — 51. 
 
 So the substitute was rejected. 
 
 Pending the call of the roll : 
 
 Mr. CYPERT (when his name was called) said : I ask to be excused 
 from voting upon this question, because I look upon it as wholly out of 
 order, and as seeking an object which, of course, we cannot reach. 
 
 Mr. HODGES, of Pulaski, objected. 
 
 Mr. CYPERT. I vote ITo. 
 
 Mr. McCOWN" (when his name was called) said : I think there is where 
 both papers should go ; yet, knowing that we have no right to send them 
 there, or any means of so doing, I vote No. 
 
 Mr. MOORE (when his name was called) said: I would like to he 
 excused from voting. [Cries of "No!" "Face the music!"] [Renewed 
 merriment.] It is so ridiculous, to go to the world ' 
 ' The SECRETARY. Mr. Moore ! 
 
 Mr. MOORE. No! [Fresh laughter.] 
 
 Mr. SARBER (when his name was called) said : I think this proceeding 
 is very frivolous, unbecoming, and out of place. I shall vote No. 
 
 The vote was then announced, as above. 
 
 The question was then taken on the amendment providing that both 
 ( 352 ) 
 
Jan. 27th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [17th Day. 
 Report of Committee on Amending and Revising Constitution. 
 
 Reports, with the accompanying evidence, be printed ; and the motion 
 was agreed to. 
 
 The PEE8IDENT announced the question to be upon the substitute, 
 for the adoption of the Majority Report, in lieu of that of the minority. 
 
 Mr. MOifTGOMERY desired to see the Reports printed, together with 
 the testimony, before he should be called to act upon either ; and with a 
 view to vote understandingly would move to defer the consideration of the 
 question upon the adoption of the Report, until Monday, February 3d. 
 
 The question was taken ; and the motion was agreed to. 
 
 AMENDMENT AND REVISION OF CONSTITUTION. 
 
 Mr. HODGES, of Pulaski, moved that the rules be suspended, in order 
 to allow the presentation of reports of committees. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. KYLE, on behalf of the Committee, presented the following 
 
 REPORT OP COMMITTEE ON AMENDING AND REVISING CONSTITUTION. 
 
 To the President and Members of the Constitutional Convention : 
 
 The Committee on Amending and Eevising the Constitution, have had the 
 same under consideration, and beg leave to report : 
 
 The General Assembly may, at any time, after the year eighteen hundred and 
 seventy-three, propose such amendments to this Constitution as two-thirds 
 of each house shall deem expedient, which shall be published in all the news- 
 papers 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. 
 
 G. H. Kyle, 
 
 Chairman Committee. 
 
 Mr. HODGES, of Pulaski, moved that the Report be laid upon the 
 table, that one hundred copies be printed for the use of the members of 
 the Convention, and that it be made the special order of the day for 
 Friday, January 31st. 
 
 The question was taken ; and the motion was agreed to. 
 
 23 ( 353 ) 
 
1868.] DEBATES AND PEOCBEDmGS OP THE [Monday, 
 
 Eeport of Committee on Preamble and Bill of Eights. 
 
 PREAMBLE TO CONSTITUTION, AND BILL OF EIGHTS, 
 
 Mr. BEOOKS, on behalf of the Committee, presented the following 
 
 EEPOET OF COMMITTEE ON PEEAMBLE AND BILL OF EIGHTS. 
 OONSTITUTIOir or AEKANSAS.-1868. 
 
 PEEAMBLE. 
 
 We, the people of the State of Arkansas, grateful to God for our civil and 
 religious liberty, and desiring to perpetuate its blessings and secure the same 
 to ourselves and our posterity, do ordain and establish this Constitution : 
 
 AETICLB I. 
 
 BILL OF EIGHTS. 
 
 Section One. All political power is inherent in the people. Government is 
 instituted for the protection, security, and benefit of the people ; and they have 
 the right to alter or reform the same whenever the public good may require 
 it. But the paramount allegiance of every citizen is due to the Federal Gov- 
 ernment, in the exercise of all its Constitutional powers, as the same have been 
 or may be defined by the Supreme Court of the'United States: and no power 
 exists in the people of this or any other State of the Federal Union to dissolve 
 their connection therewith, or perform any act tending to impair, subvert, or 
 resist, the supreme authority of the United States. The Constitution of the 
 United States confers full powers on the Federal Government to maintain and 
 perpetuate its existence, and whensoever any portion of the States, or the 
 people thereof, attempt to secede from the Federal Union, or forcibly resist the 
 execution of its laws, the Federal Government may, by warrant of the Consti- 
 tution, employ armed force in compelling obedience to its authority. 
 
 Section Two. The liberty of the press shall forever remain inviolate. The 
 free communication of thoughts and opinions is one of the invaluable rights of 
 man, and all persons may freely speak, write, and publish, their sentiments on 
 all subjects, being responsible for the abuse of such right. In prosecutions for 
 the publication of papers investigating the official conduct of officers, or men in 
 public capacity, or where the matter published is proper for public information, 
 the truth thereof may be given in evidence. 
 
 Section Three. The citizens have a right, in a peaceable manner, to assemble 
 together for their common good, to instruct their representatives, and to petition 
 for the redress Of grievances, and other proper purposes. 
 
 Section Four. The citizens of this State shall have the right to keep and 
 bear arms for their common defence. ,^ 
 
 Section Five. The right of trial by jury shall remain inviolate, and shall 
 extend to all cases at law without regard to the amount in controversy; but a 
 jury trial may be waived by the parties in all cases, in the manner prescribed 
 by law. 
 (364 ) 
 
Jan. 27th.] AEKANSAS CONSTITUTIOlSrAL COlSTVENTIOISr. [17th Day. 
 Eeport of Committee on Preamble and Bill of Eights. 
 
 Section Six. Excessive bail shall not be required, nor shall excessive fines 
 be imposed, nor shall cruel nor unusual punishments be inflicted, nor witnesses 
 be unreasonably detained. 
 
 Section Seven. In all criminal prosecutions the accused shall enjoy the right 
 to a speedy and public trial by an impartial jury of the county or judicial dis- 
 trict wherein the crime shall have been committed — which county or district 
 shall have been previously ascertained by law — and to be informed of the 
 nature and cause of the accusation against him, to have compulsory process 
 for obtaining witnesses in his favor, and to have the assistance of counsel in 
 his defence. 
 
 Section Bight. ISTo person shall be held to answer a criminal offence unless 
 on the presentment or indictment of a grand jury, except in cases of impeach- 
 ment, or in cases of petit larceny, assault, assault and battery, affray, vagrancy, 
 and such other minor cases as the General Assembly shall make cognizable by 
 Justices of the Peace, or arising in the army or navy of the United States, or 
 in the militia when in actual service in time of war or public danger: and no 
 person after having been once acquitted by a jury, cafi, for the same offence, be 
 again put in jeopardy of life ©r liberty ; but if, in any criminal prosecution, the 
 jury be divided in opinion, the court before which the trial shall be had may 
 in its discretion discharge the juiy and commit or bail the accused for trial at 
 the same or the next term of said court ; nor shall any person be compelled 
 in any criminal ease to be witness against himself, nor be deprived of life, 
 liberty, or property, without due process of law. All persons shall, before 
 conviction, be bailable by sufficient sureties, except for capital offences — murder 
 and treason — when the proof is evident or the presumption great; and the 
 privilege of the writ of habeas corpus shall not be suspended unless when, in 
 cases of rebellion or invasion, the public safety may require. 
 
 Section Nine. Every person is entitled to a certain remedy, in the laws, for 
 all injuries or wrongs which he may receive in his person, property, or char- 
 acter; he ought to obtain justice freely and without purchase, completely and 
 without denial, promptly and without delay, conformably to the laws. 
 
 Section Ten. Treason against the State shall only consist in levying war 
 against the same, or in adhering to its enemies, giving them aid and comfort. 
 No person shall be convicted of treason unless on the testimony of two witnesses 
 to the same overt act, or on confession in open court. 
 
 Section Eleven. The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable searches and seizures, shall not 
 be violated; and no warrant shall issue but upon probable cause, supported by 
 oath or affirmation, and particularly describing the place to be searched and 
 the person or things to be seized. 
 
 Section Twelve. No bill of attainder, ex post facto law, nor any law impair- 
 ing the obligation of contracts, shall ever be passed; and no conviction shall 
 work corruption of blood or forfeiture of estate. 
 
 Section Thirteen. No person shall be imprisoned for debt in this State ; 
 but this shall not prevent the General Assembly from providing for imprison- 
 ment or holding to bail persons charged with fraud in contracting said debt. 
 
 ( 355 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Monday, 
 
 Eeport of Committee on Preamble and Bill of Rights. 
 
 A reasonable amount of property shall be exempt from seizure or sale for the 
 payment of debts or liabilities. The amount of such exemption shall be 
 determ.ined by law. 
 
 Section Fourteen. Private property shall not be taken for public use with- 
 out just compensation therefor. 
 
 Section Fifteen. The military shall be subordinate to the civil power, No 
 standing army shall be kept up in this State in time of peace ; and no soldier 
 shall in time of peace be quartered in any house, without the consent of the 
 owner, nor in time of war but in a manner prescribed by law. 
 
 Section Sixteen. Suits may be brought by or against the State, in such 
 manner and in such courts as may be by law provided. 
 
 Section Seventeen. The General Assembly shall not grant, to any citizen 
 or class of citizens, privileges or immunities which upon the same terms shall 
 not equally belong to all citizens. 
 
 Section Eighteen. The right of suffrage shall be protected by laws regu- 
 lating elections, and prohibiting, under adequate penalties, all undue influence 
 from bribery, tumult, or other improper conduct. 
 
 Section Nineteen. Foreigners who are or may become bona fide residents 
 of this State, shall be secured the same rights in respect to the acquisition, 
 possession, enjoyment, and descent, of property as are secured to native-born 
 citizens. 
 
 Section Twenty. No religious test or amount of propei'ty shall ever be 
 required as a qualification for any ofiice of public trust under the State. No 
 religious test or amount of property shall ever be required as a qualification 
 of any voter at any election in this State ; nor shall any person be rendered 
 incompetent to give evidence in any court of law or equity, in consequence of 
 his. opinion upon the subject of religion; and the mode of administering an 
 oath or aifirmation shall be such as shall be most consistent with and binding 
 upon the conscience of the person to whom such oath or affirmation may be 
 administered. 
 
 Section Twenty-one. Any person who shall, after the adoption of this Con- 
 stitution, fight a duel, or send or accept a challenge for that purpose, or be 
 aider or abettor in fighting a duel, either within this State or elsewhere, shall 
 thereby be deprived of the right of holding any office of honor or profit in 
 this State, and shall be forever disqualified from voting at any election, and 
 shall be punished otherwise in such manner as may be prescribed by law. 
 
 Section Twenty-two. Eeligion, morality, and knowledge, being essential to 
 good government, the General Assembly shall pass suitable laws to protect 
 every religious denomination in the peaceable enjoyment of its own mode of 
 public worship ; and to encourage schools, and the means of instruction. 
 
 Section Twenty-three. All lands in this State are declared to be allodial, 
 and feudal tenures of every description, with all their incidents, are prohibited. 
 Leases and grants of land for a longer period than twenty-one years, hereafter 
 made, in which shall be reserved any rent or service of any kind, shall be held 
 a conveyance in fee to the lessee. 
 
 Section Twenty-four. The action of the Convention of the State of 
 ( 356 ) 
 
Jan. 27th.J AEKANSAS CONSTITUTIONAL CONVENTION. [17th Day. 
 Amendment to Eules of Order — Legislative Department. 
 
 Arkansas, which assembled in the city of Little Eock on the 5th day of March, 
 1861, was, and is, null and void. All the action of the State of Arkansas under 
 the authority of said Convention, of its Ordinances or its Constitution, whether 
 legislative, executive, judicial, or military, was, and is hereby declared, null and 
 void I and no debt or liability of the State of Arkansas incurred by the action 
 of said Convention, or of the General Assembly, or any department of the 
 Government under the authority of either, shall ever be recognized as obliga- 
 tory. Provided, That this ordinance shall not be so construed as to atfect the 
 rights of individuals arising under contracts, or to change county boundaries 
 or count}' -seats, or to make invalid the acts of Justices of the Peace, or other 
 officers, in their authority to administer oaths or take and certify the acknowl- 
 edgments of deeds of conveyances or other instruments of writing, or in the 
 solemnization of marriage. I 
 
 Mr. HODGES, of Pulaski, moved that the Report be laid upon the 
 table, that one hundred copies be printed for the use of the members of 
 the Convention, and that it be made the special order of the day for Fri- 
 day, January 31st. 
 
 The question was taken ; and the motion was agreed to. 
 
 AMENDMENT TO RULES OF ORDER. 
 
 Mr. McCLURE asked the consent of the'Convention, to give notice of 
 a motion to amend Rule XXIII, so as to make the consideration of the 
 special order of the day the first business in order after the correction of 
 the Journal of the preceding day. He said : 
 
 The time is come when the regular order of business should not be 
 interfered with. 
 
 LEGISLATIVE DEPARTMENT — AGAIN. 
 
 Mr. BROOKS moved that the Report of the Committee on the Legisla- 
 tive Department be referred to the Committee on the Constitution, its Ar- 
 rangement and Phraseology. 
 
 Mr. MoCOWISr. Before that disposition is made of the Report, I desire 
 to offer certain amendments to it. I think the reports of committees 
 should be acted upon, before a reference to that Committee. 
 
 The PRESIDENT. The Chair understands the object in the appoint- 
 ment of that Committee to have been, to so arrange the different depart- 
 ments of the Constitution, that one shall not, so to speak, lap upon the 
 other. 
 
 Mr. McCOWN. And to make no other change? 
 
 The PRESIDENT. To embody the ideas presented in the various 
 reports, and to embody them in proper form. 
 
 ( 35? ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Exemption ofEeal and Personal Estate.— CYPERT—McCOWN. 
 
 Mr. McCO'Wl*^". I desire to present several amendments to the Eeport 
 of the Committee on the Judiciary. 
 
 The question was then taken ; and the motion was agreed to. 
 
 EXEMPTION OE REAL AND PERSONAL ESTATE. 
 
 Mr. MALLORY called for the special order of the day, being the 
 Report of the Committee on Exemption of Real and Personal Estate. 
 
 The PRESIDEIJfT announced the question before the Convention to 
 be, the consideration of the respective Reports of the majority and minority 
 of that Committee. 
 
 Mr. CYPERT moved the adoption of the Minority Report. 
 
 Mr. HODGES, of Pulaski, moved as a substitute, the adoption of the 
 Report of the majority of the Committee. 
 
 Mr. CYPERT. I do not desire to offer any argument upon this subject. 
 I merely call the attention of the Convention to the-fact that it is impolitic 
 to entrammel the Legislature with such restrictions as are proposed. Times 
 will occur when a change in the amount of exemption will be necessary; 
 and of that time the Legislature should be the judge. If you incorporate 
 in the Constitution a requirement of a certain amount of exemption, an 
 alteration in the Constitution will be required whenever it may be neces- 
 sary to accommodate the provisions of the law to changed circumstances of 
 the times. It would imply, at least, that the Legislature is not empowered 
 to give a greater amount of exemption ; and it is evidently prohibited from 
 giving a less. "We cannot tell what the condition of the country may be in 
 years to come. The time may arrive when a necessity for a change shall 
 present itself. Hence, while we are all in favor of a reasonable exemption, 
 some of us think it a matter entirely cognizable by the Legislature, and a 
 fit subject of change, as the condition of the country may demand. For this 
 .reason, it should not be made a portion of the organic law of the State. 
 
 Mr. McCOWN spoke, in substance, as follows : The very reason which 
 the gentleman assigns in favor of the Minority Report, is that which 
 induced the report of the majority of the Committee. We desire to incor- 
 porate into this Constitution an exemption that cannot be changed by any 
 future legislation. The rich can take care of themselves, and require no 
 special Constitutional protection. It is for the middle and poorer classes 
 of men, that Constitutional provisions should be made, with the view to 
 ^prevent capital from exercising an undue influence in our legislative halls, 
 ;and operating for its own increase, to the detriment of honest industry, 
 AH persons who are at all familiar with the past history of our country, 
 will at once admit that such provisions should be made. The means of 
 .alluring individual members are far beyond the poor man's reach, when 
 ( 358 ) 
 
Jan. STth.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [17th Day. 
 Exemption of Keal and Personal Estate. — McCOWN. 
 
 they are most desirable to secure his protection against a moneyed 
 monopoly. Hence we desire to give, by an article in the Constitution, a 
 homestead to every head of a family — one that cannot be taken from him 
 while he lives, nor from his widow while she lives, nor from his children 
 until the last one of them shall have arrived at the age of twenty-one 
 years. A homestead to which he can retire, secure from molestation, in 
 the darkest hour of misfortune, poverty, and sorrow, and one that, when 
 death comes to close the final scene of life on earth, and raise the curtain 
 of immortality, he can feel will be secure, beyond peradventure, to his 
 weeping wife and helpless children. The one spot on earth where no 
 Sheriff or other officer of the law can enter unbidden. 
 
 We have just passed through the bloodiest war of modern times, a war 
 that employed, in one capacity or another, almost the entire male popu- 
 lation of the South. "We have been the greatest sufferers in the conflict; 
 poverty, desolation, and grief sit brooding at every fireside; our fields 
 laid waste ; our former slaves liberated ; our time lost, with all the means 
 upon the faith of which we contracted debts, the payment of which would 
 have been easy in our former, but in our present condition are of huge 
 and insupportable proportions, and under which the great majority of our 
 people lie prostrate and helpless, and are being pressed, by creditors, almost 
 to hopelessness and desperation. But for the timely interference of Gen- 
 eral Ord, in suspending, for a time, sales under execution, I verily believe 
 that, tired as our people are of destruction and bloodshed, there would 
 have been a collision between the civil authorities and the people, in many 
 parts of the State. 
 
 I know, and am frank to admit, that some creditors are induced by their 
 own necessities to urge the collection of their debts; but uineteen-twen- 
 tieths of the number who are pressing the people, are men who, while 
 others fought the battles, staid at home, content with encouraging the 
 soldiers and speculating off the necessities of their families. Not the least 
 of them are merchants, who at the conclusion of the war paid oft' their 
 own liabilities at twenty-five cents on the dollar, and now want the poor 
 man to pay them to the uttermost farthing, for goods for which a tithe only 
 of the original purchase-money has been paid. 
 
 It is due, however, that I should say, that among our merchants and 
 other creditors, there are many honorable exceptions, — men who, although 
 greatly in need themselves, have pressed no one, but, on the co'ntrary, 
 have accepted any compromise offered. 
 
 Thousands of our people who have labored earnestly and incessantly 
 beneath the summer's sun, and through the storms of winter, ever since 
 the surrender of our armies, have not been able to procure, at all times, for 
 their families, the absolute necessaries of life; and at no time more, owing 
 to the constantly recurring visits of officers of the law. And now, dis- 
 
 ( 359 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Exemption of Real and Personal Estate. — MoCOWN. 
 
 pirited and toil-worn, they look, with the Hmallest spark of hope still 
 lingering in their hearts, for relief — for the liberty to feed, clothe, and 
 educate those of whom God has said a man is worse than an infidel unless 
 he provides for them. 
 
 We are directed to the Bankrupt Law, for a remedy. It is no remedy at 
 all. Few men of moderate means can procure sufficient money to file 
 their petition in bankruptcy, much less to follow it to a final discharge. 
 The Bankrupt Law is a rich man's law. 
 
 The exemption we desire to incorporate in the organic law, is designed 
 to answer the purpose of a bankrupt law for the poor man, and men of 
 mpderate means, — one which will enable him to provide for his family, 
 bring up his children in such way that they may bcuseful men and women 
 in society, and one which it will be beyond the power of corrupt legisla- 
 tion to repeal. 
 
 We are told that such an article in the Constitution will not only im- 
 pair, but strike a death-blow to credit. If such should be the eft'ect, I am 
 almost prepared to say that it would be an additional argument in favor of 
 it; for instead of creating new debts, while we are unable to pay the old 
 ones, we should go to work, and provide with our hands for our present 
 and future wants, and not encumber our estates with debts we could never 
 hope to liquidate, and which might be the means of leaving our children 
 homeless as well as helpless. 
 
 I do not admit, however, that such would be the eflrect; for no man sells 
 his goods, wares, or merchandise, who, at the time of sale, believes he will 
 have to resort to the courts of the country for the price thereof; for any 
 man of sense must certainly know that the concomitant expenses in a suc- 
 cessful suit at law will far exceed the profits of his sale. There are few 
 men secured, as we propose, with the means to labor uninterruptedly for 
 their own support, who would not have sufficient pride of character to pay, 
 as fast as they could, all their indebtedness. And that policy which takes 
 from the debtor the means of future labor, is only a new version of the old 
 fable of the boy that killed the goose that laid the golden egg. 
 
 There is another and paramount reason in favor of the proposed exemp- 
 tions. They will increase our love of country; for what man will not love 
 and venerate the government that secures to him a home which he may 
 improve and embellish, with the absolute certainty that when he is gone, 
 his children, and children's children, will enjoy the fruits thereof; and the 
 son, however far from the paternal roof he may stray, — with what pride 
 and fondness would his mind revert to the old homestead, and to the old 
 fireside around which he knew were gathered those who love him best on 
 earth; where often, in his early boyhood years, he had heard his father, on- 
 bended knees, thank the Giver of all good lor the privilege of living in a 
 government where he could worship under his own vine and fig tree, and 
 ( 360 ) 
 
Jan. 27tli.] ARKANSAS CONSTITUTIONAL CONVENTION. [17tli Day. 
 Finance, Taxation, Public Debt, and Expenditures — Use of Hall for Democratic Convention. 
 
 none dare to molest or make Mm afraid (not even a Sheriff) ; and to which 
 he could return, and would find a mother's welcome, should disaster over- 
 take him in the battle of life. 
 
 We have a committee appointed to devise means for the relief of our 
 sufffering people, and have some assurance that other States, more fortu- 
 nately situated, will contribute to our immediate wants. How can we ask 
 their charities when we have no charity for one another ? Can we, with- 
 out a blush, represent the great and urgent necessities of our people, and 
 ask relief for them from others, when we refuse to grant them, in the 
 winter of their misfortunes, protection, from the officers of the law, suf- 
 ficient, only, to guarantee to them a home and the means to provide for their 
 ow{n wants, and to save to them the proud privilege of making their own 
 bread by the sweat of their face, instead of receiving it at the hands of 
 strangers. Public policy requires that we should give it them ; humanity 
 desires it ; necessity demands it; charity pleads for it; and the teachings of 
 our Lord and Saviour command it. 
 
 I hope the amendment of the gentleman from Pulaski [Mr. Hodges] 
 will be adopted. 
 
 Mr. SARBER. To facilitate business, I move, as a substitute for the 
 motions before the Convention, that both Reports be referred to the Com- 
 mittee on the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 FINANCE, TAXATION, PUBLIC DEBT, AND BXPENDITOKES — AGAIN. 
 
 The PRESIDENT announced, as the business next in order, the con- 
 sideration of the Report of the Committee on Finance, Taxation, Public 
 Debt, and Expenditures. 
 
 Mr. MALLORY moved that the Report be referred to the Committee 
 on the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 USE OF HALL FOR DEMOCRATIC CONVENTION. 
 
 Mr. MALLORY offered the following resolution : 
 
 Besolved : That the use of this Hall be tendered to the Democratic Party, for 
 Convention purposes, and that a committee of three be appointed to inform 
 the Chairman of the Democratic State Central Committee of the fact. 
 
 The question was taken ; and the motion was agreed to. 
 
 The PRESLDENT appointed, as such Committee, Messrs. Mallory, 
 Grey of Phillips, and Walker. 
 
 (361 ) 
 
1868.]. DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Addition to Committee on Relief — Committee on Arkansas Hot Springs. 
 
 Mr, MALLORY moved that the Conventiou adjourn to 10, a.m., of 
 Wednesday, January 29th. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And, thereupon, at 12 o'clock, m., the Convention adjourned to 10, A.M., 
 of Wednesday, January 29th. 
 
 EIGHTEENTH DAY. 
 
 Wednesday, January 22th, 1868*. 
 Convention met at 10, a.m. 
 Prayer wais offered by the Chaplain. 
 
 The roll was called ; and the following members answered to their 
 names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brasliear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hodges of Crittenden, 
 Hodges of Pulaski, Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, 
 Mallory, Mason, Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, 
 McCown, McClure, Moore, Norman, Oliver, Owen, Poole, Portis, Priddy, 
 Puntney, Eawlings, Eector, Eeynolds, Eounsaville, Samuels, Sarber, Scott, 
 Shoppach, Sims, Smith, Snyder, Va(n Hook, Walker, Wilson, White, Williams, 
 Wright, Wyatt, and the President. 
 
 Sick and Excused : Messrs. Hollis, Hodges of Crittenden, and Sams. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 ADDITION TO COMMITTEE ON RELIEF. 
 
 No petitions, and 
 
 No reports of committees, being presented, and 
 Motions, resolutions, and notices being in order, 
 
 Mr. BROOKS moved that Mr. Grey, of Phillips, be added to the Com- 
 mittee on E.elief. 
 
 The question was taken ; and the motion was agreed to. 
 
 COMMITTEE ON ARKANSAS HOT SPRINGS — ASAIN. 
 
 Mr. HINDS. I desire to call the attention of the Chair to the fact, that 
 ( 362 ) 
 
Jan. 29th.J AEKANSA8 CONSTITUTIONAL CONTENTION. [18th Day. 
 Intermarriage of the Kaces.— BRADLEY— HODGES of Pulaski— GEET. 
 
 five gentlemen were appointed upon the Committee on the Hot Springs. 
 The resolution called for the appointment of a committee of three. 
 
 The PRESIDENT. The change was made, in accordance with the pro- 
 visions of the resolution, before the Journal of the day was made up. 
 
 INTERMARRIAGE OF THE RACES. 
 
 Mr. BRADLEY offered the following resolution : 
 
 Resolved: That the Committee on Arrangement and Phraseology of the 
 Constitution be, and they are hereby, instructed to insert a clause in the Con- 
 stitution, forbidding any officer, either civil or ecclesiastical, to solemnize the 
 rites of matrimony between a white person and a person of African descent, 
 within the limits of this State. 
 
 Mr. HOGE asked for the yeas and nays. 
 
 Mr. HODGES, of Pulaski. I cannot see any use of legislating, or of 
 inserting anything in the Constitution, upon that subject. If persons 
 want to intermarry in this way, they ought certainly to have the privilege. 
 And the fact that such a barrier is raised up as is here proposed, will prob- 
 ably make more difficulty than if the whole matter were left entirely open. 
 I, for one, am entirely opposed to legislation, or Constitutional enactment, 
 upon any such subject. , 
 
 Mr. GREY, of Phillips. As far as we are concerned, I have no particu- 
 lar objection to the resolution. But I think that in order to make the law 
 binding, there should be some penalty attached to its violation — kill them, 
 quarter them, or something of that kind. I think, however, the proposed 
 provision is superfluous, for this reason. In the constitutions of the 
 Northern States, where such liberty is extended to men of all classes and 
 colors, such outrages upon society are seldom committed. We hear 
 nothing of them. Among the white people of the North, such provisions 
 are never considered necessary. I cannot see why we should encumber 
 our Constitution with such provisions. 1 scarcely think, that, with the 
 intelligence and wealth of the white people of the country, they are going 
 to make any overtures to us ; and I am pretty sure our condition entirely 
 prevents us from making any such overtures to them. It results, that the 
 provision is superfluous. I know that such provisions have heretofore 
 more or less obtained; but while the contract has been kept on our part, 
 it has not been kept upon the part of our friends ; and I propose, if such 
 an enactment is to be inserted in the Constitution, to insist, also, that if 
 any white man shall be fqund cohabiting with a negro woman, the penalty 
 shall be death. [Laughter and applause.] 
 
 Mr. HODGES, of Pulaski. I fully accord with the views of the gentle- 
 man last upon the floor, and hope, if the resolution shall be adopted, that 
 
 his proposition will be added to it. 
 
 ( 363 ) 
 
ISOS.] DEBATES AXD PEOCEEDINGS OF THE [Wodnesday, 
 
 Intermarriage of the Kaoes.—McCLITRE— BRADLEY. 
 
 Mr. ^[oCLrEE. If hi order, I would move a rofereuco of tlie subject 
 to the Committee ou the PeniteutiarT. 
 
 The PEESIPENT. The question is upou the motion for roforonoo. Are 
 gentlemeu ready for the question ? 
 
 Mr. BRADLEY. I am not ready for the question, Mr. President. I 
 did not expeet, sir, wlien I introduced tliis resohition. to stir up in this 
 Convention anything like a, spirited discussion. I did not expect, even, 
 to accompany that resolution, pointed as it is, with any speech of my own. 
 I do not feel that it is nocessarj- for me to accompany it with an argument. 
 The resolution carries with it an argument sufficient to sustain itself. 1 
 am well aware that there is a kind of vulgar idea abroad in the world, 
 that we do not need land-lines between ns. The presumption is that I 
 and my neighbor are both honest — neither of us will cut timber on the 
 other's land; and you say, when I desire to have the line established be- 
 tween us, — " Either one or the other is a thief." Sir, that does not follow. 
 I meet the gentleman with his own argument. If such a provision as I 
 propose is not necessary, if you do not me;1n to rush into these practices, 
 I ask, in all candor, why, in the name of Cod, do you object to having a 
 line established, and to saying, to the white race and to the black, — " Thus 
 far shalt thou go, and no farther?" 
 
 As to the idea that no such difficulty exists in the Northern States, lam 
 only able to use tliis argument in reply, — that there is no negro suffrage 
 in the Northern States. There is no proposition to force negro suffrage 
 upon the Xorthern States. But, sir, we are here with our chicken's mouth 
 gagged wide open, expecting to swallow it; and declarations have been 
 made upon this floor, but recently, that social equality was the boon held 
 in reservation for the citizens of Arkansas. 
 
 I am here, sii-, to enter my protest, with indignation, against the foul 
 insinuations which have been thrown out, reflecting upou the inteo-rity, the 
 honor, and the nobility of the people of my countiy ! [Applause from the 
 left.] I am here, intending to give the negro every right that God iu 
 heaven, upon His throne, has assigned him. I am readyto recognize liis 
 civil and political rights. No man will go further, no man will dig 
 deeper— to quote from a gentleman who preceded me [Mr. Grey, of Phil- 
 lips.] I am ready to dig to the substratum, and build the rights of the 
 black man upon a foundation which nothing but the fiat of Cod shall dis- 
 solve, until the thunders of the last great day. But, sir, I am a white 
 man; and I do not mean to infringe upon the pure blood of the African 
 race, that has been so exalted and eulogized in every speech delivered, by 
 certain gentlemen, in this hall. I do not want it adulterated with the 
 blood of the white man. Let it stand in its monumental glory, until 
 inspiration shall reflect back the declaration that it is equal to the blood 
 of the white man. Give the white man a chance to run by himself, as 
 ( 364) 
 
Jan. 29th.J AEKANSAS CO^^STITUTIOXAL CONVENTION. [18th Day. 
 Intermarriage of the Eaces. — BEADLE Y. 
 
 he has for six thousand years; let him march on with the rapidity of 
 lightning, developing and being developed, proving himself the master of 
 creation, that fell from Grod's hand, on the sixth day, when He finished 
 His work. 
 
 This, sir, is the great question that is stirring up these ring-streaked 
 and striped menageries all over the country. This is the great question 
 that caused fair-handed and warm-hearted women to decorate, as they 
 did, that hall near this eapitol. This is the great question that is agitating 
 Arkansas from centre to circumference. It is supposed that the doctrine 
 of "equality before the law" is not to stop until it goes further. I want 
 that resolution voted upon. I want the yeas and nays upon it. I expect 
 every black man on that side of the house to vote for it. These rights 
 have been infringed long enough — if any man crosses the line and tres- 
 passes, let a statute be enacted, based upon this feature of our Constitution, 
 that shall fix the crime and the penalty; and if the penalty be death, as 
 the gentleman [Mr. Gkey of Phillips] suggests, let it be death !-^I care 
 nothing about that. I can say, sir, it will not circumscribe me in any of 
 my social enjoyments or privileges. Thank God, I have no seed, to-day, 
 that has germinated in human form, but is of my own color. I have never 
 belonged to a bleaching-machinery, and do not advocate the bleaching 
 process. That is just what I want put down. I am astonished that gen- 
 tlemen get up and say, — "Let it be a' matter of taste!" It shows me a 
 man's taste, when he wants no distinction, no partition, but wants the two 
 races mixed in one common amalgamation. It shows me a taste that 
 makes Heaven frown, and stinks in the nostrils of man! 
 
 I do not want to encumber the pure virtue of that resolution with an 
 argument. It is an argument, itself. Let us have the yeas and nays. And 
 if men are so much alarmed about having a barrier in the way — why, if 
 you want to, scratch under, and get to the other race ; but for God's sake 
 let us build a wall! let it be understood as the organic law of the land 
 that a white man shall be a white man, and a black man a black man, and 
 that each shall have their rights in their respective spheres. You can't get 
 me to vote for any of these sugar-coated pills, such as I see in the Georgia 
 Constitution, — " all rights and privileges guaranteed to one class guaranteed 
 to every other." I want to understand what I am swallowing. I don't want 
 a black man, in two years, coming to me and saying, — " That is a privi- 
 lege granted to the white man ; you must grant it to me ;" and the white 
 man saying, — " This is the privilege of the black man ; I must have it 
 too :" and oif goes the white man to the cabin, and the black man, I sup- 
 pose, somewhere else in a like manner. And so, this thing, humiliating 
 as it may seem, will be a Constitutional question ; and there will be more 
 Constitutional lawyers slipping around in the night, than were ever before 
 seen in this country. I want every man to vote upon this proposition, in 
 
 ( 365 ) 
 
1868.] DEBATES AND P^OCBEDmGS OP THE [Wednesday, 
 
 Intermarriage of the Races.— COBBELL—GKEY. 
 
 the way his own heart and natural impulses guide him ; and let the record 
 be spread across the heavens, and let future generations read it ! 
 
 Mr. QORBELL recommended the adoption of the resolution. 
 
 Mr. GREY, of Phillips. As I have before remarked, I have no objection 
 to the proposition. I believe, sir, as I have often heard asserted by 
 statesmen, 
 
 The PRESIDENT. The Chair will state that a motion to commit is not 
 debatable; but latitude has already been given, and, by consent, will be 
 extended. [Cries of" Go on !"] 
 
 Mr. GREY. I have but few remarks to make. I desire simply to state 
 that I have no objection to the proposition; but I have so often heard it 
 stated, by some of the grandest minds of America, that such things were 
 utterly impossible, that they were so abhorrent to the feelings, that I 
 thought with Nasby, who says that if you were to put him in a dark room, 
 at twelve o'clock at night, were there the least taint of black blood about 
 a man, he could smell it. I could see, therefore, no necessity for any 
 such provision. In North Carolina, it is declared, by statute, that the 
 issue of negroes, even where one ancestor in each generation, to the fourth 
 inclusive, is white, shall be deemed persons of color. If we are to adopt 
 this proposition, the Legislature will have to pass an act creating a board 
 of scientific physicians, or professors of anatomy, to discover who is a 
 negro. There is the trouble. The purity of blood, of which the gentleman 
 [Mr. Bradley] speaks, has already been somewhat interfered with, in this 
 country. When acts of the Legislature must be passed, making such a 
 distinction as this, to define M'ho is a negro, who is a mulatto, and so on, 
 ad libitum and ad infinitum, legislation becomes a farce. The insertion of a 
 clause prohibiting negroes and whites from marrying, will not cover the 
 case. You will have to define the point of intermixture of blood which 
 shall constitute a mulatto, and so prevent him or her from intermarrying 
 with the white race ; and in the case of an octoroon, or of still further 
 admixture of blood, I take it the distinction will grow very shadowy. The 
 census of the United States shows that forty per cent, of us, already, havfe 
 crossed the line. It is no fault of ours. No gentleman will lay it to our 
 door. The intermixture has taken place illegitimately. Those gentlemen 
 who so place themselves upon a pedestal of virtue, will not deny that this 
 was wrong. Their own race has thus created the difficulty. I see no 
 way, in the world, of putting an end to the evil by legislation. If you can 
 show where the line can be drawn, I am perfectly willing. But I do not 
 accept the gentleman's idea, that if you raise a fence of legislative prohi- 
 bition, and a man chooses to crawl under it, it is right enough for him to 
 do so. I propose that we shall stop this crawling under the fence. I 
 propose that if persons desire intermarriage with the other race, it shall be 
 done honorably and above-board. 
 ( 366 ) 
 
Jan. 29th.] ARKANSAS CONSTITUTIONAL CONVENTION. [ISth Day. 
 Intermarriage of the Races.— BEADLEY—MONTGOMEKY— HINDS. 
 
 Mr. BEADLET. I hope the gentleman [Mr. Hodges, of Pulaski] will, 
 with the consent of the Convention, withdraw the motion for reference, 
 and let the resolution be voted upon, squarely, 
 
 The PRESIDENT. Much latitude has already been given; one speech 
 has been made upon each side ; and the Chair must now enforce the rules. 
 
 The question being upon the reference of the resolution to the Com- 
 mittee on the Penitentiary, 
 
 Mr. EEYNOLDS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the negative, — Yeas 32, 
 Nays 34, as follows : 
 
 Teas; Messrs. Belden, Bell, Brashear, Brooks, Dale, Gray of Jefferson, 
 Grey of Phillips, Hawkins, Hinds, Hinkle, Hodges of Pulaski, Houghton, 
 Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, Misner, Montgom- 
 ery, Murphy, McClure, Eawlings, Rector, Sarber, Scott, Smith, Snyder, White, 
 "Williams, Wyatt, and the President — 32. 
 
 Nays: Messrs. Beasley, Bradley, Coates, Corbell, Cypert, Duvall, Evans, 
 Exon, Gantt, Harrison, Hatfield, Hicks, Hoge, Kyle, Matthews, Millsaps, 
 McCown, Moore, Norman, Oliver, Owen, Poole, Portis, Priddy, Puntney, Rey- 
 nolds, Eounsaville, Samuels, Shoppach, Sims, Van Hook, Walker, Wilson, and 
 Wright— 34. 
 
 So the Convention refused to refer the resolution to the Committee on 
 the Penitentiary. 
 
 Mr. MONTGOMERY offered the following, as a substitute for the 
 resolution before the Convention : , 
 
 Resolved: That the Committee on the Constitution, its Arrangement and 
 Phraseology, be, and it is hereby, instructed to insert a clause in the Constitu- 
 tion, requiring the General Assembly to enact laws to more effectually prevent 
 miscegenation, and thereby inaugurate a great reform in the State of Ar- 
 kansas. 
 
 Mr. HINDS moved a reference to the Committee on Boundaries. 
 [Laughter.] 
 
 Mr" BRADLEY [m his seat] objecting to the motion, as out of order. 
 
 The PRESIDENT decided that the motion to refer embraced both the 
 original motion and the substitute. 
 
 Mr. HINDS, by consent, withdrew the motion for reference to the 
 Committee on Boundaries, and moved to refer the entire subject to the 
 Committee on the Constitution, its Arrangement and Phraseology. 
 
 The question was taken; and the motion was not agreed to. 
 
 ( 367 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Eaces.—MONTGOMEET— BRADLEY. 
 
 Mr. MONTGOMERY. My object in introducing the substitute was, 
 to get the question in form, before a committee and before the Conven- 
 tion. It appears to me that neither the original resolution nor the 
 amendment reaches the whole subject, or includes everything that ought 
 to be included. The resolution offered by myself covers the whole sub- 
 ject, both of marriage and of illicit intercourse — and I suppose some of 
 the gentlemen here think, in accordance with St. Paul, that it is better 
 to marry than burn, and might, therefore, vote against the proposition in 
 any other shape. I hope the substitute will be adopted. 
 
 Mr. BRADLEY. I think it will require but a word, of explanation, to 
 answer any suggestion in favor of that substitute. It seems to me that 
 the idea of the 'Convention memorializing some future Legislature to pass 
 certain laws, for which there will be no Constitutional basis, is a very 
 novel one. Suppose we incorporate nothing in the fundamental law of 
 the State, upon that subject, and the Legislature enacts a statute in regard 
 to it ; it will only be required to carry that statute before the • Supreme 
 Court, to show that the legislative action is unconstitutional. 
 
 Mr. MONTGOMERY. If the gentleman will allow me to interrupt him, 
 I would remind him that the substitute instructs the Committee to place 
 in the Constitution a clause requiring that legislation. 
 
 Mr. BRADLEY. I do not see why we should not face the music, and 
 come squarely up to the question, at once. I cannot see any reason for 
 this evasion. I want to know where I stand, and what I am doing. When 
 sailing at sea, I want to examine my chart and compass, especially in 
 stormy times. I want to know what port I am driving to. I think it well 
 for us -all to know ; and I would like to obtain a direct vote upon this 
 question. I am exceedingly sorry to see efforts to tap it on this and on 
 that side, so as to drain out the strength of the resolution, and thereby 
 prevent a fair and square vote upon it upon its merits. I do not see why 
 any man should be afraid to march up and vote for or against that resolu- 
 tion, as the case may be. I do not see any good reason for its rejection, 
 or for referring it to this or that committee. Suppose you had referred it 
 to the Committee on Boundaries ; it would have come back worse than 
 ever, for I am the Chairman of the Committee on Boundaries. Why not 
 take it squarely, vote upon it right out, and show the world where we 
 stand? "If the Lord be Gt)d, serve him; if Baal, serve him." If you 
 intend nothing but political and civil equality, let us know it. Burst the 
 sugar shell, and let me taste the very medicine I take. I do not want to 
 deceive myself. I do not want to trifle away two months, and make a 
 Constitution, here, which will place myself and the Convention in an atti- 
 tude that I know will so arouse the indignation of the citizens of Arkansas 
 that they will vote the Constitution down. We have been here for weeks, 
 wasting the funds of the State; and our action has amounted to naught. 
 ( 368 ) 
 
Jan. 29th.] AEKANSAS CON"STITUTIO]SrAL CONVENTION". [18th Day. 
 Intermarriage of the Kaoes. — BRADLEY. 
 
 I came here, in good faith, to make a Constitution, and build a State 
 Government upon the sovereignty of the people of Arkansas. I did not 
 come to build a government upon a mere idea. I came under the orders 
 of the General commanding, and under the Act of Congress, and under 
 the will of the people, to lay a foundation upon which a State Government 
 should be reared that will endure the test of ages, and stand unscathed 
 by the thunders of all future time. *ut to be skipping over, and slipping 
 around, these vexed questions, that are irrepressible, and that will come 
 up in future time in spite of heaven and hell, is unworthy of ourselves and 
 of the position in which the people have placed us. We are digging the 
 place to plant the tree : let us set it out right ; let us form a Constitution 
 which the people can read from a to izzard, and understand when they 
 have read. When the Constitution goes before them, let us not leave 
 them in doubt whether that Constitution is susceptible of the interpreta- 
 tion of social equality and amalgamation. Let us plant it upon the ground 
 that each race shall move in its own sphere ; let not the sun come in con- 
 tact with the moon at midnight, nor the moon jostle the sun from his place 
 at noon. There is no better time than now, to provide for this ; and if 
 you dodge that question, gentlemen, you dodge the ratification of the 
 Constitution. 
 
 Mr. BEASLEY {in his seat.} That is so ! 
 
 Mr. BRADLEY. Do not trifle away your time ; do not trifle with your 
 position, with your relations to God and your country, and trifle away the 
 Constitution, and the eight dollars a day that we are receiving from the 
 people as the remuneration for our services. 
 
 I tell you again — and if I had the voice of seven-fold thunders I would 
 almost give you congestion of the brain with it [Laughter], — that if you 
 dodge this question, the Constitution will be voted to naught — the people 
 will rush upon it, and gnash their teeth, and trample it under their feet! 
 They will spurn it, as they have the right to do. And I say that unless I 
 know whither my ship is drifting, I will anchor fast to the port ; I will not 
 raise my sails until I know where lie the rocks that I may run upon. If 
 I thought the attitude and relation of each race was not to be fixed by the 
 organic law of the State, — when we are launching out upon a new era, 
 when we are forming a government which may stand until God dissolves 
 the world,— I would stand upon the stump and say to the people,— If this 
 Constitution does not settle that question, let us, if it costs ten millions of 
 dollars, wait until we can form a Constitution that will settle it. 
 
 The black people of my County ask me for tliis, as well as the white. It 
 is astonishing to me, at this late age, to see gentlemen thus out-Herod Herod 
 himself. Let us tell to all the world where we stand on this question. 
 Then, when we go out, and your ring-tailed "coons" tell you we are a 
 conglomerated mass, we will say,—" No, sir ; here is where the black 
 
 24 ( 369 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Wednesday, 
 
 Intermarriage of the Races. — BRADLEY. 
 
 man stands, and here is where I stand, and I recognize the limitation be- 
 tween us." There is no limitation and distinction, there is no fixed, deter- 
 mined meaning, to " ciyil rights," and " equality before the law;" and so 
 long as these terms stand undefined and uninterpreted, so long will this 
 remain a vexed question for future generations to fight and war over; and 
 when you and I are slumbering in the tomb, our children, perhaps, will 
 meet in this hall and fight over the iifterpretation of the enactment which 
 we make here to-daj'. 
 
 I make no war against the black man. I want no black man to under- 
 stand me as warring against him. I am defending him. I am his friend; 
 and they know it, where! live. I am, as I have said, a man that will go 
 as far for their rights as any other man. Let them be wronged and op- 
 pressed, in my County; you will see my little office swarming with them. 
 They come to the man who they know would stand against earth and hell, 
 in vindication of what he believes to be right. A few days before I left 
 home, I sent a white man to jail for abusing a negro ; and he is in jail now, 
 at Pine Bluff— notwithstanding that he had four lawyers to defend him. 
 I would have sent the black man to jail as quickly, had he abused the 
 white man. 
 
 What I desire is, to settle this question, that has raised the tombstones 
 where four hundred thousand heroes sleep ; a question that has wrought 
 the shedding of blood that has not yet grown cold ; a question that has 
 dissolved the American Government ; a question that to-day shakes the 
 mightiest intellects that move upon the American coutinent. And yet it 
 is trifled with, here, by such substitutes, and such motions to refer, as we 
 have had presented to us. I am astonished. This is no insignificant ques- 
 tion. This is the great original question. This is the " irrepressible con- 
 flict." We are fighting, to-day, the fight that has been on hand ever 
 since the difficulty arose concerning the Compromise Line. And I say, 
 for God's sake, let us establish the compromise line, not of Missouri, but 
 a line between the races, — one that shall be recognized by all future gen- 
 erations. 
 
 I do not propose to colonize the black man, or to banish hira from the 
 earth. God has placed hira here. He has learned our habits; he has 
 lived his life among us. He knows nothing but domestic and agricultural 
 pursuits. I propose to give him a chance, and let him live--uot make 
 him an elephant, or a mouse, but let him be just what he is, and let the 
 great Government roll on, and not scatter itself to destruction because he 
 is free. I do not see why we are to halt, or have the country ruined, be- 
 cause the negroes are set free. If anybody is hurt by their emancipation, 
 they are hurt. ^ I want this question settled, I repeat, and settled now. I 
 want no dodging. Let every gentleman come up, if he wants to vote 
 against that resolution, vote against it, and record his vote; and let the 
 ( 370 ) 
 
Jan. 29th.] AEKANSAS CONSTITUTIONAL CONVENTIOK. [18th Day. 
 Intermarriage of the Kaces.— BKADL^Y— MONTGOMEKY. 
 
 record fly, like a blazing comet — let it fly through future generations, 
 to show where he stood xipon this great question, — upon the idea of 
 keeping his own blood and race pui-e and unadulterated from an inferior 
 race. 
 
 I hope I shall not be misunderstood. I told some of my friends I did 
 not intend to open my mouth. I did not propose to support by a single 
 word the resolution which I offered-; knowing that if you quibbled over 
 it, if you insulted it, the people of Arkansas would rise in their majesty, 
 and resent the insult at the polls. And remember, you cannot make a 
 Constitution without their doing half the work. You can draw it up, but 
 the}' must seal and stamp it. Some men seem to have an idea that if they 
 can only get a measure through, here, the whole business is done; that 
 we in this house can do everything that we want. 'No, sir; if you adopt 
 extreme measures, it will overbalance the majority which was given for a 
 Constitutional Convention. I do not propose to mock my position in any 
 such manner ; I do not propose to trifle with serious questions, in any such 
 way. And I hope every man will come up, fairly and squarely, and meet 
 this question upon its merits, by a direct and manly vote. 
 
 Mr. MONTGOMERY called for the reading of the resolution. 
 
 The SECRETARY read the resolution, together with the amendments 
 proposed. 
 
 Mr. MONTGOMERY was recognized as entitled to the floor, when 
 
 Mr. BRADLEY rose to a point of order. He said: The amendment 
 proposing to fix a penalty for crime, is certainly out of order in this Con- 
 vention. We cannot afiix penalties. 
 
 The PRESIDENT. The Chair is of opinion that the point of order is 
 not well taken. The gentleman from Hempstead [Mr. Montgomery] will 
 proceed. 
 
 • Mr. MONTGOMERY. I am not much surprised at the position of the 
 gentleman from Bradley [Mr. Bradley.] I am not much surprised to 
 hear him ask, of this Convention, special legislation, in the form of Con- 
 stitutional enactment. My substitute covers the whole ground, and 
 covers all the evils of this nature which have existed in Arkansas for the 
 last two hundred and fifty years. Why, sir, down here in the "Hippo- 
 drome," the other night, we heard a gentleman attempt to show that a 
 line of demarcation has been drawn, in this State, between the whites 
 and the blacks. There was a marked difference. Now, the object of this 
 resolution is, to keep these gentlemen from rubbing out that mark. They 
 have been rubbing it out for the last two and a half centuries; and if you 
 look at this crowd [turning to the galleries] you will not find a full- 
 blooded African, nor will you find one in the State of Arkansas. We 
 merely desire that there shall be inserted in this Constitution a clause 
 making it obligatory upon the Legislature to prevent this miscegenation. 
 
 { 371 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Wednesday, 
 
 Intermarriage of the Kaces.— MONTGOMEET— McCLUKB. 
 
 The colored people desire it, and we desire it. But we do not desire the 
 insertion of a clause which shall declare that no man shall marry a black 
 woman, but which says, in effect, that a man may cohabit with a black 
 woman, illegitimately, and at his will. For this reason, I desire that the 
 substitute shall be placed before the Convention. This is not a question 
 of social equality, entirely. The question before the Convention, and the 
 question which will be before the people, is that of political equality 
 merely. The people will arrange the question of social equality for them- 
 selves, irrespective of anything that we may do. 
 
 The gentleman [Mr. JBeadley] accuses us of trifling. 'Vte have, since 
 the question of reconstruction has arisen, seen, in South Carolina, the en- 
 actment of laws which declare that a black man shall not marry a white 
 woman, and that if found in cohabitation with her, he shall stand in the 
 pilloi'y — and so on ; but not a single enactment forbidding a white man 
 to cohabit with a black woman, save under the ban of marriage [Applause 
 on the right.] This is the kind of legislation that has taken place in this 
 State. Why not put the two races on an equality in this respect, and, if 
 you interpose a prohibition against the one, do the same against the other ? 
 Let the rule work equally, and be so framed as to cover the whole ground. 
 When the gentleman accuses us of trifling, he had better look to home. 
 We do not propose to trifle about this matter. The Republican Party 
 does not propose to trifle with this matter. They propose to make their 
 ■record, and that for the purposes of the coming canvass; and they do not 
 propose to be that conglomerated set of political apes, and aspirants, 
 which a certain "hippodrome" accuses them of being. 
 
 Mr. McCLURE. For the life of me, sir, I could never account for the dis- 
 position manifested by some individuals, to imagine that their rights and 
 privileges depend altogether upon Constitutional provisions, and legisla- 
 tion. It is generally supposed that men are entitled, by nature, to certail 
 political and social rights, the claim to which cannot be disturbed by 
 legitimate legislation, and which have no need of legislation in order to 
 their definition. But it seems that men's rights, in this country, have to 
 be defined by the limits and privileges appointed by law. There may, sir, 
 be some reason for this. The system of society that has been in vogue in 
 this portion of the country, siuce its organization as a^ State, has been of 
 this kind. There may be men who are unable to resist the temptation to 
 intermarry with an inferior race. But if so, there is a proper tribunal 
 before which such men can appear, and select guardians for themselves. 
 If these men have not the intelligence to protect themselves, the law pro- 
 vides a means for obtaining them guardians, without whose consent they 
 cannot marry. 
 
 As to what has been said in regard to the defeat of the Constitution, 
 unless the line of demarcation between the races shall be distinctly 
 ( 372 ) 
 
Jan. 29th.J ARKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Eaces.— McOLUEE— CYPERT. 
 
 marked therein, I have to say, as a member of the Committee on the 
 Constitution, its Arrangement, and Phraseology, that I desire no such 
 instruction as is by this resolution proposed. I ara willing, sir, to let 
 these people take their chance; and if, in the race, with the majoi'ity of 
 two to one against them in the State, with the intelligence, and expe- 
 rience, and superior wisdom that is claimed for the whites of the State, 
 the blacks shall be overridden, I am not disposed to interfere. So far as 
 I am individually interested in the resolution, I must frankly state that I 
 cannot conscientiously, — nor would I, — report any such provision in the 
 Constitution of the State of Arkansas. There are men in all communities 
 whose judgment I respect; but in looking over the history of this country 
 for thirty years past, I cannot but observe that the ideas advocated by 
 gentlemen upon this floor have never been prevalent in this country; and 
 it is but safe to say, that their judgment is not worth that! [Snapping his 
 fingers.J The people of Arkansas, about whom I have heard so much 
 talk, — this great and glorious people who have been " harnessed to the 
 soil," — have been accustomed to the institution, to its vices, and to the 
 odium that attaches to it. I have learned this; that in legislating upon 
 the heels of a revolution, it is not safe to disturb the ancient and fixed 
 landmarks of society. For that reason, I propose to let this matter stand 
 where it is. If the citizens are accustomed to it, it seems' to me that to 
 invade the established line of social privileges, would create a prejudice 
 against those who did so. If the line which it is now sought to create 
 has never been observed, we begin to create a revolution, the moment we 
 attempt to establish the line. And if these men must have protection, let 
 them seek it through the agency of their guardians. 
 
 Mr. CYPERT. I am sorry that the gentleman did not come to this con- 
 clusion a few days ago. I have always been of the opinion that legisla- 
 tion, of a disturbing character, "upon the heels of a revolution," was not 
 very safe. Hence, I proposed the Ordinance adopting the old Constitu- 
 tion, and leaving the old landmarks where they stood. If the gentle- 
 man, and his friends, had then agreed with me, he might have gone home 
 long ago ; and the people would not be paying us eight dollars a day for 
 staying here. 
 
 I do not propose to discuss this question. It has been sufficiently dis- 
 cussed, upon both sides. But I must allude to one remark of the gentle- 
 man from Hempstead [Mr. Montgomeky.J I think his comparisons were 
 really unjust. He desired gentlemen to look at the gallery. I do not 
 think the gallery of this hall presents a fair specimen of the negro race in 
 this community. I see, there, what I can account for only as traces of the 
 Yankee blood — of curiosity— of prying into other people's afl:airs. I can 
 in no other way account for the phenomena presented in the daily gather- 
 ings in that gallery; and I cannot regard it as presenting a fair specimen 
 
 { 373 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Eaces. — GKEY. 
 
 of the negroes of Arkansas. The gentleman might have turned to his 
 colleague [Mr. Samuels], and seen a different type, and a fair specimen, 
 I suppose, of that race, in this community. 
 
 Mr. GEEY, of Phillips. I may simply say, in regard to this matter, that 
 the gentleman's remarks call to my mind one reason for objection to the 
 proposition, in the form in which it now stands before the Convention. 
 A gentleman [Mr. Bradley] remarked, a while ago, that the reason why 
 there was no necessity' in the North for such provisions as this, was, that 
 there is no negro sutFrage there. If the gentlemagi will permit me, I will 
 correct him, by saying that there is, and has been, more or less of negro 
 suffrage, in the States of the Union, without exception, from the time 
 that they passed from the condition of colonies, and the organization under 
 the Articles of Confederation. To-day, in Massachusetts, and even in 
 Ohio, negroes vote. In Massachusetts, they sit in the Legislature. The 
 "solid men of Boston" have elected a negro lawyer to represent them 
 in that Legislature — elected him, not by negro votes, but by the votes of 
 white men. I have to admit, to-day, that among these gentlemen com- 
 monly called the Yankees, I have found more prejudice against the negro, 
 than in the South. Where they had occasion to do a kind act, they had 
 not the same generous impulses. They looked upon us as men, politically 
 entitled to certain rights; but we could never get as close to a Yankee as 
 to a Southern man. Z never could. It has always been a sorrow to me 
 that the men among whom I grew up, and with whose children I was 
 raised, when it came to giving me my rights, refused them. In every 
 other respect, I had always looked upon them as my friends. For this 
 reason, there is no* fear of miscegenation in the Ifoi'th. I have seen, within 
 fifty miles of St. Louis, the little children crowding the fence-rails, to look 
 at a negro, and examining him with as much curiosity as if he had been a 
 wild beast. They know nothing about the negro, in that country, except 
 through the newspapers, and the descriptions given by their friends, who 
 had been down South and seen the animal. E'ow, if there is no danger 
 there, and if, as I have heard remarked on this floor, gentlemen wish to 
 make a Constitution such as the JSTorthern States have, I cannot see how 
 this project can be accomplished under present circumstances. 
 
 The resolution will lead to a legislation of this kind. A clause of the same 
 nature appears in the Constitution of Kentucky; and the legislation whiclf 
 it originates, is this. ' Not only is a negro forbidden to marry into the 
 Saxon race, but for the crime of rape, he is burned to death ; yet that same 
 law does not contemplate it as possible for a white man to commit a rape 
 upon, or even to cohabit with, a negro woman. I hold it as an act of 
 justice, that we should have the same rules prescribed for us which you 
 .prescribe for yourselves. Make the law equal on both sides of the house. 
 There lies my objection to the present proposition. For hereafter, as in 
 
 ( 374 ) 
 
Jan. 29th.] ARKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Kaces.— GREY— "WILSON. 
 
 tlie past, I propose that this shall remain a white man's government. 
 Gentlemen seem to be afraid that it is not to be so. I want them to legis- 
 late, and to carry on the machinery of the government. I admit that they 
 have the talent and the wealth of the country; at the same time, I wish 
 to hold up before them the scales of justice — and like the ancient statue 
 of Justice, let them be blind — let them know no man's color, or previous 
 position. When you place in your Constitution a provision of this nature, 
 you at once create an inequality. Personally, I have no objection to the 
 proposition, provided that no ulterior wrong will arise from its acceptance; 
 but the seed you plant will, in spite of yourselves, produce that sort of 
 vegetable. If we plant, in our organic law, seeds that will bring forth 
 fruits of injustice, we must expect these fruits to appear in our legislation. 
 If you can so arrange that proposed clause of the Constitution as to make 
 it equal, and to make its restrictions as binding upon others as upon me, 
 I have no objections in the world to its adoption. 
 
 Mr. "WILSON. I have been very much astonished, to hear any gentle- 
 man upon this floor ofl^er to intimate an idea in opposition to the introduc- 
 tion, into our organic law, of a regulation of the marriage state. It is 
 true, they have an illustrious example for neglecting it; for in the Alabama 
 Constitution there is nothing upon the subject, and no provision, indeed, 
 that anybody shall marry. I presume that will suit the taste of some gen- 
 tlemen, better than anything whieb will regulate the marriage relation. 
 I promised, for one, that I would exert my influence in favor of an oi-ganic 
 law upon that subject, to create a foundation upon which future legislation 
 might be based, for the protection, not only of my oftspring, but of the 
 ofl'spring of the other race. And to see gentlemen rising up here and 
 speaking about this all being a matter of taste — gentlemen belonging to 
 the Republican Party, with which I am acting ! They are sneered at, at 
 every corner, and charged with being amalgamatiouists ; and they come 
 here this morning and say they want no legislation upon the subject — it's 
 all a matter of taste ! I am astonished that any man will think such a 
 thing, much less speak it ! I tell you, the coon and the cock, the emblems 
 which ornamented the hall where the Democratic Convention sat to-day, 
 found their best consolation and hope in the charge that we were for social 
 equality of the races. We see it charged upon us, in every Copperhead 
 sheet. And here we are told, it is all a matter of taste ! Where are we 
 drifting to, gentlemen ? Are we not disposed to make any law upon a 
 subject like this, touching the very vitals of our existence, and of the 
 existence of society ? Give us an organic law on the subject, and make, 
 as the gentleman from Bradley [Mr. Bradley] said, a line of demarcation. 
 I have promised the black people that I would give them suffrage, but 
 never that I would give them my daughter. I told my constituency I 
 would indorse nothing that looked to social equality of the races, their 
 
 ( .SY5 ) 
 
1868.] DEBATES AND PEOOEEDINGS OF THE [Wednesday, 
 
 Intermarriage of the Kaceg.— WILSON— LANGLJEY. 
 
 intermarriage, or anything of the kind ; and it does chagrin me, and fill 
 me with supreme contempt, for any man to talk'of this being a matter of 
 taste. 
 
 It is true that my friend from White County [Mr. Cypert] did offer us 
 an instrument which contained nothing on the subject of marriage, and 
 now condemns, us, and holds us to responsibility, for not receiving the 
 pretty thing which he presented us for acceptance as the organic law of 
 the State — a Constitution which contained not a word upon this point. He 
 has pledged himself to help to defeat any constitution that may do so — 
 pledged to oppose whatever we may do. And we hear gentlemen, of his 
 political opponents and my political friends, say that this is a matter of 
 choice — a matter of taste — nothing to do with the law ! My voice will 
 always be against it. I say, give us a prohibition in the organic law of 
 the State. I should have had no objection to the reference to the Commit- 
 tee on Boundaries ; for I am on that Committee, myself. My friend from 
 Bradley [Mr. Bradley], the gentleman from Columbia [Mr. Bkasley], 
 and myself, could, and would, have done something, on our part at least, 
 in favor of the niieasure. 
 
 Mr. LANGLEY. This is an age of improvement. Eeform is the order 
 of the day. I think we may get ourselves into a difficulty, by inserting 
 in the organic law of the State something that will show to after ages that 
 we acted in violation of the inalienable rights of man. I consider a reso- 
 lution of this kind as unnecessary, from the fact that society regulates 
 itself. It requires no law, to regulate this subject. I am unwilling that 
 anything of the kind should go into the Constitution ; and I am 'willing 
 that my record should be so made. Six years ago, if a man said he was 
 in favor of universal freedom, he was thrown into a cell as noisome as 
 the Black Hole of Calcutta, — as close, and apparently as hopeless, as the 
 Bastile. I was called non compos mentis, at that time', because I said that 
 all men ought to be free. I say, now, when all men in this country are 
 free, that if, under the law, a man is free, he has the right to marry as he 
 pleases. Some gentlemen talk as if we were going to force men to marry 
 negroes. Let society regulate itself, on such matters. 
 
 This is an argument addressed to our prejudices. There is no scientific 
 knowledge in such an argument. I say, as a scientific man, you cannot 
 draw a line between the races. In many cases there is not one drop of 
 negro blood in ten. The blood of almost the entire negro race is inter- 
 mixed with that of the white. Perhaps there are not five hundred full- 
 blooded negroes in the State of Arkansas ; and when you come to draw 
 a line, you will have a very nice question to settle. Prohibit the Ameri- 
 can froni marrying the Irish, the Dutch, or any other foreign race, and 
 you will be justified in such a prohibition, just as much as you are in that 
 which is now proposed., l^ow, while I prefer to marry a white lady, and 
 ( 376 ) 
 
Jan. 29th.J ARKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Kaces. — LANGLEY. 
 
 am not in favor of forcing a man to marry a negress, yet, if he wishes to 
 do so, let him enjoy the privilege of selecting his own wife. Such a law 
 as is proposed would not hinder illicit intercourse. I say, sir, as a phre- 
 nologist and anatomist, it is a fact that illicit intercourse has taken place, 
 that the two races have amalgamated ; and we cannot regulate such mat- 
 ters by law. It is contrary to the doctrine of the inalienable rights of 
 man ; it is contrary to the doctrines of the Declaration of Independence. 
 This is my first objection. In the second place, the proposition is uncon- 
 stitutional. I read from the Fourteenth Article of Amendment to the 
 Constitution of the United States : 
 
 "All persons born or naturalized in the United States, and subject to the 
 jurisdiction thereof, are citizeiia of. the United States and the State wherein 
 they reside. No State shall make or enforce any law which shall abridge the 
 privileges or immunities of citizens of the United States; nor shall any State 
 deprive any person of life, liberty, or property, without due process of law, 
 nor deny to any person within its jurisdiction the equal protection of its laws." 
 
 Mr. CYPEET. Is that a part of the Constitution, now ? 
 
 Mr. LANGLEY. It is part of the condition precedent to our admission 
 into the Union. Congress will reject any constitution, containing such a 
 provision. Congress has virtually declared that we must allow all men 
 the free exercise of their rights. Talk about social equality! Sir, if I 
 attempt to force myself into your society, or that of your family, you can 
 kick me out of your house ; I cannot say that you must take me into your 
 parlor, to converse with your wife or daughters. That is a matter of 
 agreement — it is a matter of courtesy. No law is required upon the sub- 
 ject. We will only display our ignorance. I shall record my vote against 
 the proposition, if every other man in this Convention votes otherwise. I 
 am willing to record my vote. I can vindicate my course afterwards. It 
 may make me unpopular now, just as it made me unpopular, in '62 and 
 '64, to say that all mankind ought to be free. I tell you, again, that 
 we cannot draw the line of distinction, to show where we shall stop. 
 You say it is wrong for the white man to marry the colored woman. 
 Admit it is: but who is to be the judge? Who made you the judge? 
 Suppose I, or some other man, differs from you, how can you decide the 
 matter ? Some gentlemen speak as if, if we fail to prohibit intermarriage 
 between the races, we should compel it. There is no force in such an 
 argument. I did not rise to " gas," but merely to state, in simple form, 
 my objection to such legislation upon the subject. I hope we will vote 
 upon it with discretion. I hope the colored people will not be caught in 
 a trap of this sort. I hope they will all vote against any proposition of 
 the. kind. Not that I would in the least encourage intermarriage between 
 the colored and the white people. I think it wrong, and inexpedient; but 
 
 ( sn ) 
 
1868.] DEBATES AND PEOCBEDmGS OP THE [Wednesday^ 
 
 Intermarriage of the Eaces.— L ANGLE Y—SARBEE— EVANS. 
 
 I say that when we undertake to legislate upon such points, we act in 
 violation of a principle that is, or should be, dear to us — we strike at the 
 very fundamental principle of liberty itself. When you declare that, in 
 such a matter as that of marriage, I shall not choose for myself, — when 
 you begin to limit me here, you may as well say I should not marry 
 an English lady, a Dutch lady, a French lady. And indeed, people did 
 think, a few years ago, it was very wrong to marry a foreign lady. They 
 would have been just as much opposed to the social equality of the Dutch, 
 pr of the Yankees, as they now are to that of the negroes. This is simply 
 a matter of prejudice. I contend that it has no solid foundation. It may 
 be a very good thing for an electioneering scheme. The object of the 
 proposition is simply, I verily believe, to make political capital. 
 
 Mr. SARBER. As this seems to be a very important matter, and many 
 learned and intelligent legal gentlemen have given us opinions upon it, 
 and as a difference seems to exist, in the minds of gentlemen, upon the 
 subject, I think the proper course will be to refer the entire question to 
 the Committee on the Judiciary. 
 
 I therefore move to refer the entire subject to that Committee. 
 
 Mr. BRADLEY asl^d for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 
 18, If ays 48, as follows : 
 
 Yeas: Messrs. Belden, Exon, Gray of, Jefferson, Hinds, Hodges of Pulaski, 
 Langley, Merrick, Montgomery, Murphy, McCIure, Eawlings, Eector, Eounsa- 
 ville, Sarber, ,Scott, Williams, Wyatt, and the President — 18. 
 
 Nays : Messrs. Beasley, Bell,- Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Gantt, Grey of Phillips, Harrison, Hatfield, 
 Hawkins, Hicks, Hinkle, Hoge, Houghton, Hutchinson, Johnson, Kyle, Mal- 
 lory. Mason, Matthews, Misner, Millsaps, MeCown, Moore, Norman, Oliver, 
 Owens, Poole, Portis, Priddy, Puntney, Eeynclds, Samuels, Shoppach, Smith, 
 Sims, Snyder, Van Hook, Walker, Wilson, White, and Wright — 48.- 
 
 So the Convention refused to refer the resolution to the Committee on 
 the Judiciary. 
 
 Pending the call of the roll, \ 
 
 Mr. EVANS (when his name was called) said : I want to put myself 
 squarely upon the record. I shall vote against the adoption of the resolu- 
 tion, and against anything that will hinder a direct vote upon the resolu- 
 tion. 
 
 The vote was then annpunced, as above. 
 
 The question recurring upon the adoption of the substitute, 
 Mr. GANTT asked for the yeas and nays. 
 ( 378 ) 
 
Jan. 29th.] AEKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Kaces. — BEOOKS. 
 
 The yeas and nays were ordered. 
 
 Mr. BROOKS. I hoped, when this matter was first introduced, that not 
 much time would he occupied upon the subject. I did not, really, suppose 
 that it was a subject on M'hich we could need, now, to consume time. But 
 a wider range has been taken than 1 anticipated. I must say, sir, that, 
 under the circumstances, and considering the latitude which has been 
 given to the discussion, I think it very desirable that we should vote directlj' 
 upon the proposition which has been presented. I think there is no dis- 
 position, upon the part of any, to dodge the encounter; and I think the 
 motions which have been presented, to refer to committees, have not 
 been designed as dodges. I think no such interpretation can legitimately 
 be placed upon the votes which have been given. As between the sub- 
 stitute and the original motion, I should, most decidedly, give my pref- 
 erence to the substitute. 
 
 I do* not think it desirable that we should attempt, by Constitutional 
 provision, or by legislation, enactments to regulate the subject of marriage, 
 as between races or classes. I do not think, sir, that by enactment, in. the 
 Constitution, securing to every person, irrespective of race, color, or con- 
 dition, equality with others before the law, and ignoring the question of 
 legislation upon social and conjugal relations, we at all put ourselves upon 
 the record in favor of social and conjugal relations between different races 
 or classes. I think that by doing the one we but do what the civilization 
 of the age demands, we but do what the laws of Congress, under which we 
 are assembled, require of us — to reconstruct civil government, and restore 
 peace, and order, and quiet, in the State of Arkansas. When we shall 
 have reached the period when legislative eiiactment shall be necessary, as 
 to the arrangements of my parlor, or my bed-chamber, I hold that the Con- 
 vention, or the Legislature, will have passed beyond their legitimate do- 
 main. I hold that while we may, in protection of public morals and in con- 
 formity with the declarations of Grod's Word, make regulations respecting 
 the number of wives that men may take to themselves, and so forth, there 
 is nothing in God's law, the Constitution of the United States, the philoso- 
 phy of human society, or the political history of this country, that would 
 indicate it as an omission to perform an important duty, and discharge a 
 weighty responsibility, for us to simply leave the question of men's love 
 and courtship and marriage and conjugal life, — so that they keep within the 
 boundaries prescribed by God's law, and the organic laws of the country, — 
 to their own preferences, tastes, and habits. 
 
 I can well understand how honorable gentlemen, concurring, substan- 
 tially, with others of us, upon the questions of human freedom and of civil 
 equality, from their standpoint feel somewhat tender and sensitive respect- 
 ing this question. I know, full well, what it is to be twitted with these 
 things. I understand the force, morally, socially, and politically, of these 
 
 ( 379 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Kaces. — BROOKS. 
 
 taunts and goads and thrusts, from men prompted by prejudice, and having 
 regard to an ulterior object. We have been, some of us, for years accus- 
 tomed to all this — it is no new thing. And our friends who have espoused, 
 justly and righteously, the cause of human freedom and equality of rights 
 before the law, are but now entering upon that interesting period' of per- 
 sonal, and, perhaps, of political history, through which others have passed 
 years ago. They are now being brought to the contemplation of some of 
 the beauties, and to taste some of the sweets, of inbred, century-grown 
 prejudice, a prejudice against the equal rights of men of all colors and 
 conditions. Having been driven — I do not speak with harshness or ill- 
 temper — but the enemies of equal rights, or equal, even-handed justice, 
 having been regularly driven from their fortifications and strongholds, from- 
 point to point, from stage to stage, by the invincible force of truth and 
 logic, and the history and philosophy of the period, are now clinging, as 
 their last, final hope, to this, worn, tattered, ragged relic of the prejudices of 
 ages, and striving to stir up some feeling by an appeal to the family pride, 
 and prejudice of race and education, of jnany of our noble-hearted and 
 true friends upon this floor, in order, if possible, to insert an entering 
 wedge into this consolidated party here, and to raise a great hue and cry, 
 from one end of the State to the other, over a question of this kind, which 
 has been discussed, worn out, exhausted, and dismissed from discussion, 
 by the more intelligent portion of the American people, long since. I am 
 sorry. And yet I explain it in this way; that it is the prejudice of educa- 
 tion, and the indisposition to confront the known views, tastes, and preju- 
 dices, of neighbors, and old friends, and family relations, with regard to 
 this question. Sir, I have this to say. Not as against the people of 
 Arkansas, — the old citizens or the young citizens, the native-born or those 
 that have subsequently selected their home upon this soil : I have to say, 
 on behalf of the morals of the people of Arkansas, if this be regarded 
 as a question of morals, — I have to say upon the ground of an apprecia- 
 tion of their taste, if it be put as a question of taste, — I am willing to say, 
 on their behalf, as respects the opinions and social feelings, — the social 
 standards established in Arkansas, — if it be tested by such a standard as 
 that, — that I think such a provision in the organic law of the State wholly 
 unnecessary. I have to say for myself, however I may sympathize with the 
 prejudiced feelings of gentlemen who, in regard to other interests, are as true 
 to ihe flag, and the main principles upon which these views are being sepa- 
 rated and crystallized, as it were, as any men,— that they under-estimate the 
 taste and cultivation, to say nothing of the prejudices, of themselves, even, 
 and of their families and children. I have to say that upon this subject 
 I have no wish that there should be placed in the organic law of the State 
 of Arkansas, anything to hinder me from giving my daughter to any one, 
 of a;ny race or color, that does not fill my bill. While I have my tastes 
 ( 380 ) 
 
Jan. 29th. J AEKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Races. — BEOOKS. 
 
 and prejudices of race, and family, and all that, as other persons have, I 
 suppose I feel myself, and my daughters, and my only remaining son, per- 
 fectly competent to control and govern these matters for ourselves. I do 
 not ask this Convention to legislate my daughter from the arms of a gross 
 colored man, — or a " lager-beer Dutchman," if you choose, sir. I do not 
 ask the Legislature of Arkansas to put up a barrier to prevent my son or 
 daughter from perpetrating social monstrosities — if they be regarded as 
 monstrosities. I v?ould do anything that I might consistently, to accom- 
 modate any gentlemen, or party, that may feel it necessary to have legis- 
 lation upon the subject, to prevent their intermarriage or miscegenation 
 with any race. I w^ould be ready to go into even that kind of special 
 legislation, if I could do it consistently with the essential principles that 
 should enter into the organic law of a great, majestic State. But I do 
 trust we shall not come down and incorporate, here, in the organic law of 
 the State, a rule to govern each man's house and family. I do not want 
 the Constitutional Convention to legislate some man into or out of my 
 parlor, or to legislate me into or out of his. These are questions, not of 
 politics, but of the philosophy, of the social history, of the world. They 
 regulate themselves, and gather society into classes, which cling around 
 their great central ideas, rules, and principles. You never can regulate 
 social and conjugal intercourse by law. I grant, of course, you may erect 
 a barrier to legal intercourse ; and when you shall have done that, then, 
 if men's tastes, or women's either, run counter to the rule which you estab- 
 lish, they will find ways and means, as remarked by the honorable gentle- 
 man'on the other side of th% hall [Mr. Langlby], for the accomplishment 
 and gratification of their tastes, socially and sexually. It is utterly im- 
 possible t® control by any such barrier. I take it for granted, that as I do, 
 gentlemen honestly deprecate conjugal relations between the two races. 
 If I should raise a daughter or son so totally destitute of education or 
 taste, that, when they shall have passed beyond the control of the parental 
 roof, they should form improper and ill-advised connections of a matrimo- 
 nial character, with this down-trodden and degraded race, or any other 
 that shall be obnoxious to my tastes, views, and feelings, I do not ask any 
 legislation on the subject. Let them confront the tastes and views and 
 habits of society, with regard to all these social questions. And if gen- 
 tlemen are sincere in desiring to prevent this intercourse of the races, 
 either by marriage or illicitly, except as you may enact laws for the regu- 
 lation of the morals of society with regard to intercourse between the 
 sexes, then do nothing upon this subject. There is a more powerful regu- 
 lation, to control these matters, if you leave them wholly to society. Let 
 the philosophy of society, let the.fitness of things, let the proprieties of 
 Hfe, let the social standard fixed by the people, without regard to race, 
 color, or party, regulate this question. 
 
 ( 381 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Wednesday, 
 
 Intermarriage of the Eaoes. — BROOKS. 
 
 "Why, sir, are we ready, now, and, most of all, are we, as Republicans, 
 ready to enter upon a system of class legislation ? Are we ready to break 
 over all the great cardinal principles upon which the policy of the country 
 is founded ? I speak not of them as the principles of a mere partj'. In 
 that respect, as regards a mere political agitation, I have no anxieties, in 
 regard to this, that, or the other party. But I look at those great principles 
 which lie at the base of the organization of the Republica.n Party, as 
 cardinal principles, — the principle of the inalienable character of human 
 rights. Are we ready to sanction such a principle, in the enactment, in 
 the organic law of Arkansas, by Republican votes ? For we understand 
 perfectly well that these honorable gentlemen who represent the Opposi- 
 tion are bound, by their views — certainly by the position of their party, — 
 to antagonize any and all enactments that may pass this body. If a con- 
 stitution be framed here, sent out to the people, and ratified by the people, 
 and this State restored to her practical relations with the General Govern- 
 ment, it must be done, here and outside, by the votes of friends of recon- 
 struction, which is but another term for Republican votes. "We have now 
 no longer a hope to the contrary — ^that, we see clearly. We did hope, at 
 an earlier period of the session, that we might have had the co-operatiou 
 of these gentlemen. I can say, without reflection upon any gentleman, 
 we have had the personal pledges of gentlemen of the Opposition, that 
 they would assist us in framing a proper organic law for the State, and 
 advocate, before the people, its adoption. But now we understand dis- 
 tinctly that their position has been changed by the official action of the 
 party, and they are placed under obligation to oppose everything which 
 we may adopt. Suppose we had adopted the Constitution proposed by 
 the honorable gentleman from White [Mr. Cypbrt], which ignores this 
 question entirely. It would have been opposed, upon the stump, and, I 
 submit, even here, by the votes of these honorable gentlemen themselves, 
 upon the final vote. If we should adopt the Constitution of Ohio or Penn- 
 sylvania, are not these honorable gentlemen pledged to oppose reconstruc- 
 tion upon any and every basis ? With an utter absence of feeling, with 
 an utter absence of everything that could possibly be distasteful to an 
 honorable man, I say the issue is made up ; and I ask honorable gentle- 
 men of the Republican Party, in this hall and throughout the State,— will 
 we allow ourselves to be thus thrown into confusion by the introduction of 
 this tail-end, this worn-out argument of the old institution that cursed the 
 country and drenched it in blood ? Will we cater to this prejudice of igno- 
 rance, superstition, and slavery, and allow ourselves to be thus distracted 
 from the pursuit of the great end which we, in common, have before us? 
 That is the object of this movement here. I charge it not upon any indi- 
 vidual specifically ; but I charge upon this movement, to-day, in this Con- 
 vention, that ultimate purpose— that is the object and aim. When you 
 { 382 ) 
 
Jan. 29th.] AEKANSAS CONSTITUTIONAL CONVENTION. [18tli Day. 
 Intermarriage of the Races.— BKOOKS—CYPEKT. 
 
 come to simmer it down, it is simply a movement, by an appeal to the 
 prejudices of the people of Arkansas, to defeat reconstruction, and con- 
 tinue this state of disorganization, anarchy, and starvation, in our State. I 
 do not believe that we are ready for class legislation. We are sent here 
 as the representatives of the principle of anti-class, anti-sectional legis- 
 lation. 
 
 Mr. CYPEET. I rise to a point of order. If the debate is to take this 
 course, and all this harangue is to continue, I call upon the gentleman 
 to stop. 
 
 Mr. BEOOKS. Let the gentleman state his point of order. 
 
 Mr. CYPEET. The gentleman is alluding to political affairs outside 
 this body. If that course of debate is to continue, we would like to reply 
 to it; but we do not desire to take up the time of the Convention in such 
 discussion, at all. 
 
 The PEESIDENT. The gentleman [Mr. Cypert] is out of order, in the 
 iirst place, in characterizing the speech of the gentleman from Phillips 
 [Mr. Brooks] as an " harangue." 
 
 Mr. CYPEET. It is a matter of taste. 
 
 The PEESIDENT. The Chair furthermore understands that the gentle- 
 man from Phillips is speaking directly in favor of the substitute. The 
 gentleman from Phillips will proceed. 
 
 Mr. BEOOKS. I should perhaps have been through by this time, if the 
 gentleman had refrained from the interruption. Of course, it is his privi- 
 lege to rise to a point of order. And I will only say this, in addition to 
 what has been presented. 
 
 To declare who shall be permitted to intermarry, to forbid the inter- 
 marriage of the white with the black, the mulatto, or any grade in the 
 infinite shades of color, I think beneath the dignity of this body. I think 
 it ill-timed ; and I say, on behalf of myself and my more intimate friends 
 and acquaintances, in this Convention and in the State, as far as I under- 
 stand the matter I believe it to be wholly gratuitous. I know, as regards 
 the friends who stand firmly with us upon the great issues of the party, 
 it is entirely needless. I think we shall receive no harm in the canvass — 
 certainly, we shall not be injured in the opinion of the intelligent, who 
 share the light of the nineteenth century, if we refrain from special class- 
 legislation against persons of African, of German, of French descent, or 
 mixed up in whatever way they may be. 
 
 I hope, sir, that we may come to a direct vote upon this question. I 
 had not designed any speech, at all, and should not have addressed the 
 Convention at such length, but for the latitude given to the debate, and 
 the evident drift of purpose I i3ave already indicated. I am opposed to 
 ■any such specific legislation, as such. I am opposed to any class-legisla- 
 tion here. I hope we may be able to clear the entire coast, and leave this 
 
 ( 383 ) 
 
1868.] DEBATES AND PEOCEBDIKGS OP THE [Wednesday, 
 
 Intermarriage of the Kaces. — C YPEKT. 
 
 question of legislation to the General Assembly, for its action, when it 
 shall meet. And I therefore move to reject the whole matter. 
 
 Mr. CYPERT. I am not about to discuss, particularly, the merits of 
 the question before the Convention ; but I claim the right to reply to the 
 allusion just made to the position in which I placed myself by the Ordi- 
 nance which I proposed a few days ago. 
 
 The PRESIDENT. The gentleman may be permitted to proceed in his 
 remarks, as a matter of explanation. He has spoken once upon the main 
 question. 
 
 Mr. CYPERT. I know the attitude in which the gentlemafa [Mr. 
 Brooks] intends to try to place those whom he styles the Opposition. I 
 know, full well, that his ingenuity and chicanery would be sufficient to 
 create a false impression upon the minds of those who heard him. It will 
 be remembered, by every gentleman upon this floor, that I assumed the 
 position, in offering, for adoption here, a Constitution which was acqui- 
 esced in by the people of Arkansas, and approved by the General Govern- 
 ment, that I did so for the sole reason that the adoption of that instrument 
 would disorganize no part of our Government. I gave it, as my individual 
 opinion — ignoring, as I do to-day, the question of our right to carry the 
 proposition into practical effect— that no particular branch of the Govern- 
 ment had the right to prescribe what our action should be. We will 
 assume that if the proposition had been accepted, we should, upon the 
 final vote, have voted against it. Does the gentleman see our hearts? I 
 urged it with as much zeal and sincerity as I could. The gentleman's 
 remarks contain an implication that I was dishonest in my advocacy of 
 the proposition. A plain implication. If the gentleman be honest in his 
 position, it is his own views that now seem to be so obnoxious to him. 
 However much he has advocated, here, the adoption of certain measures 
 that were prescriptive, however he has favored " class-legislation " upon 
 this floor,— when it comes to dealing with another class, whose relations 
 affect him in a diflrerent way, he sees from a different stand-point. It will 
 be remembered that I notified the gentleman, a few days ago, that he was 
 mistaken in himself,— that he was really a proscriptionist, and did not 
 know himself. While he is liberal in one way, he is excessively illiberal 
 in another. 
 
 As to the question before the Convention, it is immaterial what is done 
 with it here. It is not for me to discuss it. I did not introduce the prop- 
 osition, and had nothing to do with its introduction. I shall vote upon 
 It in accordance with my individual views, without any regard to what 
 may be the final action of the Convention. I consider myself responsible 
 only for my individual choice as between the substitute and the original 
 proposition. The question is now on the insertion, in the Constitution, 
 of a certain clause. When the question shall arise upon the adoption of 
 ( 384) 
 
Jafi. 29th.] AEKANSAS CONSTITUTIONAL CONVBNTIOJST. [18th Day. 
 Intermarriage of the Eaces.— CYPERT— GANTT. 
 
 a Constitution, containing this or other certain clauses, it will be time 
 enough for me to say yea or nay upon the final passage.' In the discus- 
 sion of these preliminary motions, I offer only my own individual views 
 as to the preference between the questions directly before the Conven- 
 tion, at the time. I commit myself to no particular line of action upon 
 the final vote. Upon the only final vote that will be taken in this body, 
 I shall be upon the record; and I am willing to stand by it, and will stand 
 by it before the coiintry. 
 
 The gentleman alludes to the party, which we represent, as having fixed 
 our status, and bound us to oppose the final measures of the Convention. 
 That party endorsed, the gentleman well remembers, the Constitution of 
 Arkansas, and endorsed it as the organic law of the State. Is that more 
 than I did here^ — more than I have a right, as an individual, to do any- 
 where ? The pai'ty to which the gentleman attaches me, has endorsed 
 and is willing to abide by the Constitution of Arkansas. They have 
 published their declaration to the world, and they will stand by it before 
 the world. 
 
 Mr. GANTT. I desire to set mj'self right upon this question. "When 
 the discussion commenced, I had not the most distant idea of participating 
 in it. Some remarks, however, have been made, to which I conceive it 
 due to myself at least, that I make some reply. I will state, in the outset, 
 that I do not conceive a Constitutional provision of this description to be 
 necessary ; nor am I prepared to admit that the incorporation of such a 
 provision into the Constitution is desirable. But whilst I might not have 
 introduced a proposition of the sort, before this body, and whilst I am com- 
 pelled to say that such a proposition is unusual and unnecessary in a Con- 
 stitution, yet, when that question is presented to me, I must act upon it 
 with reference to its merits. As this Convention well knows, I have been 
 a silent member. I have not generally indulged in discussion. I have 
 chosen, always, to indicate my sentiments, on all questions, by my vote, 
 rather than by what I might say upon this floor. 
 
 Starting out with the admission that such a provision in a State Con- 
 stitution is unusual, still, when the question is presented, I desire to act in 
 accordance with the dictates of my best judgment. And I desire to re- 
 cord my vote upon that question directly. I am very much gratified that 
 the Convention has seen fit to refuse all references to committees. The 
 object of all propositions for a reference, if there was any object at all, 
 was to prevent a direct vote upon the question, in Cpnvention. I say, 
 further than that, that I am opposed to the substitute oflered ; not because 
 I am unwilling to give my vote or my voice against miscegenation, but 
 because I desire to vote upon the original proposition, as introduced by 
 the gentleman from Bradley [Mr. Bkadlby], and as amended by the 
 member from Phillips [Mr. Grey.] I shall vote for both the amendment 
 
 25 { 385 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE •[Wednesdtof, 
 
 Intermarriage of the Eaces. — GANTT. 
 
 and the original resolution ; and I want the vote to be taken directly. I 
 shall vote upon it, and vote cheerfully. Let us make the record, if a 
 record is desired. 
 
 It is not my purpose to indulge in stump speeches upon this floor. 
 Allusions have been made to conventions of political parties, which have 
 recently assembled. The action of those party conventions will go to the 
 country ; and they have to abide the verdict of the people. We have 
 heard of "Hippodrome^." I desire to say, now, that no sneers, no flings, 
 of that kind, have been made upon this floor, by gentlemen on this side 
 of the house. The other party in politics, in Arkansas, assembled in. con- 
 vention, as they had a right to do under a free government; they an- 
 nounced their principles, they put their platform before the country ; and 
 I have yet to hear any gentleman on the other side of the question cast 
 any fling at that party, by the use of such terms as "Menagerie" or 
 "Hippodrome." The gentleman [Mr. Montgomery,] was unfortunate 
 in his clioice of epithets; for it is said that the horse, next to the ele- 
 phant, is the most intelligent of all animals known to man. A hippo- 
 drome is an exhibition of horses ; and if I must associate myself with ani- 
 mals, I prefer to go where the animals are the most intelligent. [Laughter.] 
 
 I would reply to another remark. I may have misunderstood the gen- 
 tleman; and I hope I did. I refer to the statement of the gentleman from 
 Clark [Mr. Langlet.] I understood him to assume the position that no 
 constitution, under the Reconstruction Acts, could be accepted, or so much 
 as received, by Congress, — that Arkansas could come into the Union 
 under no constitution, — that did not recognize the right of marriage, be- 
 tween the white and black races, and even the right o^ illicit intercourse 
 if they desired it. If I am wrong, I will give way to the gentleman, to 
 allow him to correct me. 
 
 A MEMBER [in his seat.'] That was it. 
 
 Mr. GANTT. I subscribe to no such doctrine as that. I do not believe 
 that there rests upon us the obligation — that we are charged with the duty 
 — of making a constitution which contains a solitary one of the conditions 
 mentioned in the Reconstruction Acts. We make a constitution to suit 
 ourselves ; and if Congress chooses to accept us under that constitution, we 
 come in. If Congress does not so choose, we will remain out in the cold. 
 But I do not believe that I am under an obligation to assist in making a 
 particular constitution, and none other. If the proposition were true in 
 point of fact, there was no necessity for this Convention ; Congress should 
 have made the constitution, and admitted the State under that constitu- 
 tion. And whenever the assertion is made that this Convention, called, 
 ' under the Reconstruction Acts, to frame a constitution for Arkansas, is 
 compelled, under those Acts, to make a constitution containing those pro- 
 visions, you deny to the people, and to the State, all rights ; you make the 
 ( 386 ) 
 
Jan. 29th.] AEKANSAS COlSrSTITUTIONAL CONVENTION. [18th Day. 
 Intermarriage of the Eaces.—GANTT— BROOKS. 
 
 Federal Government supreme : and if she can dictate now, if she can make 
 a constitution for us, she can change our constitution at will, and the peo- 
 ple in the States have no rights. To such a proposition I never have sub- 
 scribed, nor do I intend to now. Neither do I believe that the honorable 
 gentleman from Clark, in his heart, believes that the Reconstruction Acts 
 require the framing of such a constitution as will legalize marriage and 
 justify illicit intercourse between the white and black races. But such was 
 bis statement, and I take it as he made it. 
 
 The gentleman from Phillips [Mr. Brooks] opposed this action, because, 
 he said, it constituted an interference with one's household, and it was 
 unusual, impolitic, and unjust to undertake the regulation of household 
 afi'airs — the regulation of marriage. In other words, that the law could 
 not put its foot upon affection — that affection might spring up between 
 the opposite sexes of different colors, and the law could not step in and 
 crush that affection, separate the parties, and prevent their union as hus- 
 band and wife. But the law does undertake to regulate households. The 
 law does undertake to prevent, and does prevent, the marriage of particu- 
 lar persons. The gentleman well knows that the marriage of persons re- 
 lated within certain degrees, is prohibited. According to bis rule, there 
 could be no law against incest. According to his rule, the law could not 
 step in to say, that father and daughter, brother and sister, may not marry. 
 According to his theory, the law has nothing to do with marriage rela- 
 tions, and, without regard to blood, race, or other circumstances, all men 
 and women have a right to intermarry. 
 
 Mr. BROOKS. I would be glad to correct the gentleman. It will be re- 
 membered, I think, by the gentlemen of the Convention, that while making 
 the point which the gentleman has now under consideration, I explicitly 
 stated that it was not competent for legislation to take hold of the question 
 of affection, courtship, and marriage, as between classes; that the boun- 
 daries in that respect were fixed by the Word of God, as received among 
 civilized and Christian nations, and that the question of marriage and 
 sexual intercourse might be regulated to the extent covered by the teach- 
 ings of Holy Scripture. 
 
 ■ Mr. GAJSTTT. I understood the gentleman ; and I do not see that his 
 statement varies substantially from the position I had attributed to him. 
 Certainly, when he speaks of " classes," he must have reference not only 
 to those classes distinguished by color and sex, but by relationship and by 
 blood. If I understand him, his proposition now is, that the law has no 
 right to step into a man's household and regulate intercourse, under the 
 sanction of marriage, between persons of particular classes, — that the law 
 has no right to prevent marriage between the white and black races. Has* 
 it, then, a right to step in and say there shall be no marriage between the 
 father and daughter ? I admit, cheerfully, that the Word of God forbids 
 
 ( 387 ) 
 
1868.] DEBATES AISTD PEOCBBDINGS OP THE [Wednesday, 
 
 Intermarriage of the Eaces. — G-ANTT. 
 
 incestuous marriage and intercourse ; but does the Word of God prevent 
 it ? It has not done it; and it has become necessary, in the administration 
 of the affairs of government, to enact laws prohibitory of such outrages 
 upon morality. The legislative power, not only of Arkansas, and of every 
 American State, but of every civilized community upon the globe, has 
 enacted such prohibitions. They interfere between the two classes, and 
 prevent the marriage. "Sow, so far as intercourse between the races is 
 concerned, it is unfortunately true, that there has been illicit intercourse. 
 Such intercourse does occur; and I doubt whether even an ordinance 
 framed under the amendment proposed, which affixes the penalty of death 
 to such cohabitation, would prevent it. It might lessen, but would not 
 entirely prevent it. 
 
 I take it for granted that that black man whose blood is pure, desires to 
 preserve it pure, and that that black man who loves virtue, desires to be 
 virtuous. I take it that the white man and the white woman so feel. If 
 they love their race — if either white or black love their race, — they desire 
 to preserve it pure ; and if they love virtue "they will keep apart, and not 
 engage in illicit intercourse. If this proposition had not been tendered to 
 the Convention, I should never have introduced it; for say what we will, 
 I know it is a question dealing to some extent with the affections which 
 find their way into the human heart. Men and women differ in taste; 
 and whilst I sincerely and honestly believe that the virtuous and upright 
 black woman should never consent to cohabit with a white man, such 
 intercourse does take place, and affections may grow up between the two, 
 without regard to color, that would bring them together. But I believe a 
 direct prohibition of such a marriage would be best alike for both. I 
 believe it would be better for both, and for the country at large, that the 
 law should put its condemnation upon such marriages, even if it thus 
 sacrifice an individual affection. 
 
 I repeat now, in conclusion, that I regard the introduction of this reso- 
 lution as unfortunate. I do not see the necessity for it; for, as it has been 
 remarked by the gentleman on the other side of the hall [Mr. Brooks], 
 such a provision, in the organic law of a State, is unusual. But as the 
 question is before me, I shall vote upon the proposition, with reference to 
 its intrinsic merits. And while I would not have introduced it myself, I 
 shall certainly record my vote in accordance with my sentiments on the 
 ■subject. 
 
 Mr. MALLORT moved that the Convention adjourn. 
 
 The question was taken, and the motion was agreed to ; 
 _ And thereupon, at 12.30, p.m., the Convention adjourned to 10, a.m., of 
 'Thursday, January 30th. 
 
 ( 388 ) 
 
Jan. 29th.] AEKANSAS CONSTITUTIONAL CONVENTION. [18th Day. 
 Keport of Committee on Education. 
 
 NINETEENTH DAY. 
 
 Thuesday, January 30iA, 1868. 
 Convention met at 10, a.m. 
 
 Prayer was offered by the Eev. Enoch K. Miller. 
 
 The roll was called, and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hodges of Pulaski, Hoge, 
 Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Matthews, 
 Merrick, Misner, Montgomery, Murphy, McCown, McCIure, Moore, Norman, 
 Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, 
 Yan Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the Presi- 
 dent. 
 
 SiOK AND Excused : Messrs. Hollis, and Hodges of Crittenden. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 EDUCATION. 
 
 No petitions being presented, and 
 Eeports of standing committees being in order, 
 
 Mr. HUTCHESrSON, on behalf of the Committee, presented the fol- 
 lowing 
 
 EEPOET.OP COMMITTEE ON EDUCATION. 
 
 Section One. A general diffusion of knowledge and intelligence among all 
 classes being essential to the preservation of the rights and the liberties of the 
 people, the General Assembly shall establish and maintain a system of free 
 schools for the gratuitous instruction of all persons in this State between the 
 ages of five and twenty-one years; and the funds appropriated for the support 
 of common schools, shall be distributed to the several counties, in proportion 
 to the number of children and youths therein contained (between the ages of 
 five and twenty-one years) in such manner as shall be prescribed by law. But 
 no religious or other sect or sects, shall ever have any exclusive right to, or 
 control of, any part of the school fund of this State. 
 
 Section Two. The supervision of public instruction shall be vested in a Su- 
 perintendent of Public Schools and such other oflicers as the General Assembly 
 shall provide. The Superintendent shall be elected by the qualified voters of 
 
 ( 389 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thursday, 
 
 Eeport of Committee on Education. 
 
 the State, and shall hold his oflBce for the term of four years, and receive such 
 salary, and perform such duties, as shall be prescribed by law. 
 
 Section Three. The General Assembly shall also establish and maintain a 
 State University, with departments for instruction in teaching, in agriculturej 
 and in natural science, as sot)n as the public-school-fund will permit. 
 
 Section Pour. The proceeds of all lands that have been, or hereafter may be, 
 granted by the United States to this State, and not otherwise appropriated by 
 this State or the United States ; also all moneys, stocks, bonds^ lands, and other 
 property now belonging to any fund for purposes of education ; also the net 
 proceeds of all sales of lands and other property and effects that may accrue 
 to the State by escheat, or from sales of estrays, or from unclaimed dividends 
 or distribution shares of the estates of deceased persons, or from fines, penal- 
 ties, and forfeitures ; also any proceeds of the sales of public lands which may 
 have been, or hereafter may be, paid over to this State (if Congress will con- 
 sent to such appropriation); also all the grants, gifts, or demises, that have been, 
 or hereafter may be, made to this State, and not otherwise appropriated by the 
 terms of the grant, gift, or demise, shall be securely invested and sacredly pre- 
 served as a public-school-fund, which shall be the common property of the State; 
 the annual income of which fund, together with one dollar per capita assessed 
 on every male inhabitant over the age of twenty-one years, and so much of the 
 ordinary annual revenue of the State as may be necessary, shall be faithfully ap- 
 propriated for establishing and maintaining the free schools and the university 
 in this article provided for, and for no other uses or purposes whatsoever. 
 
 Section Five. No part of the public-school-fund shall be invested in the stocks 
 or bonds or other obligations of any State .or corporation. The stocks belong- 
 ing to any school or university-fund, shall be sold in such manner and at such 
 time as the General Assembly shall prescribe, and the proceeds thereof, and the 
 proceeds of the sales of any lands or other property which now belongs, or 
 may hereafter belong, to said school-fund, may be invested in the bonds of the 
 United States. All county-school-funds shall be loaned upon good and sufficient 
 unincumbered real estate security, with personal security in addition thereto. 
 Section Six. No township or school district shall receive any portion of the 
 public-school-fund, unless a free school shall have been kept therein for noljless 
 than three months during the year for which distribution thereof is made. The 
 General Assembly shall require, by law, that every child of sufficient mental 
 and physical ability shall attend the public schools during the period between 
 the ages of five and eighteen years, for a term equivalent to three years, unless 
 educated by other means. 
 
 Section Seven. In ease the public-school-fund shall be insufficient to sustain 
 a free school at least five months in every year, in each school district in this 
 State, the General Assembly shall provide, by law, for the raising of such de- 
 ficiency, by levying such a tax on all the taxable property in each county, 
 township, or school district, as may be deemed proper. 
 
 Section Eight. The General Assembly shall, as far as it can be done with- 
 out infringing upon vested rights, reduce all lands, moneys, and other property, 
 used or held for school purposes, in the various counties in this State, into the 
 ( 390 ) 
 
Jan. SOtli.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Debts Due to School Funds — Intermarriage of the Kaces. 
 
 public-school-fund herein provided for; and the distribution of the annual in- 
 come of said fund shall be so made as to equalize the amount appropriated for 
 common schools, among those entitled to the benefits of the school-fund, through- 
 out the State. 
 
 J. H. Hutchinson, 
 
 Chairman of Committee. 
 
 Mr. HINDS moved that the Eeport be laid upon the table, that one 
 hundred copies be printed for the use of the members of the Convention, 
 and that it be made the special order of the day for Monday, February 3d. 
 
 The question was taken ; and the motion was agreed to. 
 
 DEBTS DUB TO SCHOOL-FUNDS. 
 
 No reports of select committees being presented, and 
 Motions, resolutions, and notices, being in order, 
 Mr. MATTHEWS presented the following resolution : 
 
 Resolved : .That in any action of this Convention regulating the relations of 
 debtor and creditor, an exception should be made regarding debts owing to 
 the school-fund of any County of the State. 
 
 He said : This resolution has been offered in consequence of the receipt 
 of a letter from the School Commissioner of my own County. I have not 
 thought on the subject, at all, and do not care that any other action shall 
 be taken upon it, at present, than a reference to the proper committee. I 
 suppose the Committee on the Judiciary to be the proper one to take 
 cognizance of the subject; and I move that the resolution be referred to 
 that Committee. 
 
 The question was taken ; and the motion was agreed to. 
 
 INTERMARRIAGE OF THE RACES — AGAIN, 
 
 The unfinished business, next in order, being 
 
 The consideration of the substitute offered by Mr. Montgomery, for the 
 following resolution offered by Mr. Bradley, viz. : 
 
 Besolved : That the Committee on Arrangement and Phraseology of the Con- 
 stitution be, and they are hereby, instructed to insert a clause in the Constitu- 
 tion, forbidding any officer, either civil or ecclesiastical, to solemnize the rites 
 of matrimony between a white person and a person of African descent, within 
 the limits of this State : 
 
 Which substitute was as follows : 
 
 Besolved: That the Committee on the Constitution, its Arrangement and 
 
 { 391 ) 
 
1868.] DEBATES AND PEOCEEDIJSTGS OF THE [Thursday, 
 
 Intermarriage of the Eaces.— MONTGOMEEY— BEADLEY— McCOWN. 
 
 Phraseology, be, and it is hereby, instructed to insert a clause in the Constitu- 
 tion, requiring the General Assembly to enact laws to more effectually prevent 
 miscegenation, and thereby inaugurate a great reform in the State of Arkansas. 
 
 Mr. MONTGOMEEY moved that the whole subject be referred to the 
 Committee on the Preamble and Bill of Rights. 
 
 Mr. BRADLEY obtained the floor, when 
 
 Mr. MONTGOMERY rose to a point of order. The question was not 
 debatable. 
 
 Mr. BRADLEY. You needn't be alarmed — I am not going to make a 
 speech ; but I know what my rights are. I wish to make an explanation 
 in regard to this matter. • 
 
 The PRESIDENT. Any personal explanation is in order, but no dis- 
 cussion. 
 
 Mr. BRADLEY. I do not wish to make a speech. But various represen- 
 tations have been made as to my motives in introducing the resolution — 
 
 The PRESIDENT. The remarks of the gentleman will be out of order 
 at the present time. 
 
 Mr. BRADLEY. I understood that, as the introducer of the resolution, 
 I had the right to a final answer to the speeches which have been made 
 upon it. 
 
 The PRESIDENT. The gentleman is correct; but a motion to refer is 
 not debatable. Should that motion be lost, the gentleman will have a 
 right to close the debate ; and if agreed to, he will have the right of closing, 
 when the resolution shall have been reported upon by the Committee. 
 
 Mr. BRADLEY. I did not propose to occupy the time for ten minutes. 
 
 Mr. MOORE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. MoCO WN. Is that motion amendable ? 
 
 The PRESIDENT. It may be amended by changing the reference to 
 another committee, but in no other way. 
 
 Mr, McCOWN. Perhaps the gentleman [Mr. Montgomery] will himself 
 so amend as to require that, if referred, the Committee shall be direpted 
 to report back the resolution to the Convention, to-morrow morning. 
 
 Mr. MONTGOMERY. I will not accept the amendment. 
 
 Mr. McCOWN. I present it as an amendment. 
 
 My object is, to have the resolution before the Convention, and have it 
 disposed of fully and fairly. 
 
 After some remarks, by diflerent members, upon the parliamentary 
 aspect of the question before, the Convention, 
 
 Mr. MOORE asked for the yeas and nays. 
 The yeas and nays were ordered. 
 ( 392 ) 
 
Jan. SOth.J AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 
 Executive Department — Intermarriage of the Eaces. 
 
 The question was taken ; and it was decided in the negative, — Yeas 21, 
 Nays 45, as follows : 
 
 Yeas : Messrs. Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, Hoge, Kyle, 
 Matthews, McOown, Moore, Norman, Owen, Poole, Portis, Puntney, Eeynolds, 
 Shoppach, Walker, Wilson, and Wright — 21. 
 
 Nats : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hicks, Hinds, Hinkle, 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, 
 Merrick, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Priddy, 
 Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, 
 Snyder, Van Hook, White, Williams, Wyatt, and the President — 45. 
 
 So the amendment was rejected. 
 
 The question was then taken on the motion to refer the whole subject 
 to the Committee on Preamble and Bill of Rights ; and it was decided in 
 the affirmative, — Yeas 43, Nays 23, as follows : 
 
 Teas: Messrs. BeMen, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges, 
 of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, 
 Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Priddy, Eawlings, 
 Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder,- White, 
 Williams, Wyatt, and the President — 43. 
 
 Nays : Messrs. Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, Hicks, Hoge, 
 Kyle, Matthews, McCown, Moore, Norman, Owen, Poole, Portis, Puntney, 
 Eeynolds, Shoppach, Van Hook, Walker, Wilson, and Wright — 23. 
 
 So the whole subject was referred to the Committee on Preamble and 
 Bill of Rights. 
 
 EXECUTIVE DEPARTMENT — AGAIN. 
 
 The PRESIDENT announced as the business next in order, the special 
 orders of the day, being, first, the consideration of the Report of the Com- 
 mittee on the Executive Department. 
 
 Mr. SARBER moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 INTERMARRIAGE OF THE RACKS — AGAIN. 
 
 Mr. MoCOWJSr offered the following 
 
 OEDINANCH. 
 
 Be it ordained, by the -people of the State of Arkansas in Convention assembled : 
 That all marriages of white persons with negroes or mulattoes are declared 
 
 ( 393 ) 
 
1868.] DEBATES AND PEOCBBDIJSTGS OF THE [Thursday, 
 
 Pinal Adjournment.— CYPBET— HODGES of Pulaski— MOOEB. 
 
 to be illegal and void : and it is hereby made the duty of the General Assem- 
 bly to enact such laws as will prevent miscegenation in this State. 
 
 The Ordinance was read a first time. 
 
 Mr. HINDS moved that the Ordinance be referred to the Committee on 
 Memorials and Ordinances. 
 
 Mr. McCOWIST. This is a subject on which we ought to come to a direct 
 vote. A motion of that sort is simply a motion in avoidance. The motive 
 is, to avoid coming to an issue; and the question is one upon which we 
 must come to an issue, sooner or later. 
 
 Mr. SiryDEE rose to a point of order. "Was the motion to refer, de- 
 batable ? 
 
 The PRESIDEJSTT. It is not ; but gentlemen have been permitted, in 
 submitting resolutions, etc., of this nature, to accompany them with a 
 remark. The Chair hopes that gentlemen will refrain, henceforth, from 
 such remarks, without imposing upon the Chair the necessity of calling 
 them to order. 
 
 Mr. HICKS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the.affirmatiye, — ^Yeas 
 46, ISTays 20, as follows : 
 
 Teas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges 
 of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Mer- 
 rick, Misner, Millsaps, Montgomery, Murphy, MeClure, Oliver, Priddy, Eawl- 
 ings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, 
 White, Williams, Wyatt, and the President — 43. 
 
 Nays: Messrs. Beasley, Bradley, Corbell, Oypert, Duvall, Gantt, Hicks, 
 Hoge, Eyle, Matthews, McCown, Moore, Norman, Owen, Poole, Priddy, Punt- 
 ney, Eeynolds, Shoppach, Van Hook, Walker, Wilson, and Wright— 23. 
 
 So the Ordinance was referred to the Committee on Memorials and 
 Ordinances, 
 
 FINAL ADJOURNMENT. 
 
 Mr. CYPERT. I move that Saturday next be fixed as the day for the 
 final adjournment of the Convention, sine die. 
 
 Mr. HODGES, of Pulaski. I move to amend so that when we adjourn 
 we adjourn subject to the call of the President of this Convention. 
 
 Mr. CYPERT asked for a division of the question. 
 
 Mr. MOORE moved, as a substitute for the motions before the Conven- 
 tion, that the Convention now'adjourn, sine die. 
 
 The question was taken ; and the substitute was not agreed to. 
 (394) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 rinal Adjournment.— KYLE-r-HODGES.of Pulaski— McCLUEE. 
 
 The question recurring upon the amendment providing that when the 
 Convention should adjourn, it adjourn subject to the call of the President 
 of the Convention, 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. KYLE. The motion to adjourn sine die is debatable, is it not? 
 
 The PEESIDENT. The question is upon the amendment. 
 
 Mr. KYLE. What is implied by the words, " subject to the call of the 
 President?" 
 
 The PRESIDEISTT. That when the Convention shall adjourn, it will 
 remain subject to be called together at any time when the President may 
 see fit. 
 
 Mr. KYLE. There is a rule requiring us to meet at ten o'clock in the 
 morning. — 
 
 Mr. HODGES, of Pulaski, rose to a point of order. The question was 
 not debatable. 
 
 The PRESIDENT. The Chair does not understand the point of order 
 to be relevant. The gentleman from Dallas [Mr. Kyle] the Chair under- 
 stands to be asking for information. 
 
 Mr. McCLURE. Is the amendment of the gentleman from Pulaski [Mr. 
 Hodges] intended to repeal the standing order that the Convention ad- 
 journ to meet at ten o'clock in the morning ? 
 
 The PRESIDENT. It is not. There is a motion that next Saturday be 
 fixed as the day for the final adjournment. The amendment proposed is, 
 that when we do finally adjourn we adjourn subject to the call of the 
 President of the Convention. 
 
 The question was taken upon the amendment; and it was decided in 
 the affirmative, — ^Yeas 46, Nays 20, as follows : 
 
 Teas: Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, 
 Exon, Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, 
 Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, MeClure, Oliver, 
 Priddy, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, 
 Smith, Snyder, Wilson, White, Williams, Wyatt, and the President — 46. 
 
 Nays : Messrs. Bradley, Corbell, Cypert, Duvall, Gantt, Hicks", Hoge, Kyle, 
 Matthews, Moore, Norman, Owen, Poole, Portis, Puntney, Eeynolds, Shop- 
 pach, Van Hook, Walker, and Wright — 20. 
 
 So the amendment was agreed to. 
 
 The question recurring upon the motion as amended. 
 After an explanation, by the President, in answer to queries by Messrs. 
 Kyle, Dale, and Cypert, of the parliamentary aspect of the question, 
 
 ( 395 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Thursday, 
 
 JPinal Adjournment.— HODGES of Pulaski— KYLE— CTPBET. 
 
 Mr. HODGES, of Pulaski, moved, as a substitute for the amended 
 proposition before the Convention, the following : 
 
 Resolved : That when the Convention finally adjourns it shall be at the call 
 of the President, whose duty it shall be to convoke the Convention, in case the 
 Constitution should not be ratified, for the purpose of taking such steps as may 
 be necessary, for the formation of civil government for the State of Arkansas. 
 He shall also, in that case, call upon the proper officer of the State to cause 
 elections to be held to fill any vacancies that may exist in the Convention. 
 
 Mr. KYLE. I have an opinion with regard to the duties which we came 
 here to perform ; and I believe I may as well express it now as at any 
 other time. 
 
 A MEMBER [in his seat.'] Now is the time. 
 
 Mr. KYLE. I came here, in good faith, to assist with the delegates of 
 the people in making a Constitution — as I hope we shall be able to do, — 
 and make it acceptably to the people of the State, so that we might in- 
 augurate civil government, and rid ourselves of military rule. That was 
 the object which induced me to encounter a canvass for a seat in this 
 Convention. And I am opposed to adjourning sine die on next Saturday, 
 or at any very early period, short of accomplishing the objects for which 
 we assembled. — 
 
 The PRESIDENT. The Chair would state that no motion to adjourn 
 sine die is now before the "Convention. 
 
 Mr. KYLE. I understand the question to be upon the adoption of the 
 substitute. 
 
 The PRESIDENT. It is. 
 
 Mr. KYLE. The substitute proposed is, that when we adjourn we ad- 
 journ subject to the call of the President. I shall vote against that propo- 
 sition, for the reason that I think we have time enough to determine, after 
 a while, whether or not there will be any exigency requiring such a call. 
 If we will set to work to frame a Constitution — one that will commend 
 itself to the people,— there will be no necessity of any provision for a call 
 by the President ; for in that case there is little or no doubt that the people 
 will adopt the Constitution. 
 
 The PRESIDENT. The gentleman is discussing a question which the 
 Chair understands to have been already decided. The Convention has 
 determined that when it adjourns, it shall adjourn subject to the call of 
 the President. This was an amendment to the original motion, which 
 then came before the Convention, as amended. A substitute for the 
 amended motion was then offered; and the question first arises upon the 
 adoption of the substitute. 
 
 Mr. CYPERT. The substitute, if adopted, presents a very remarkable 
 state of things for the people of Arkansas. If perpetual rule over the 
 ( 396 ) 
 
Jan. Both.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 
 Pinal Adjournment.— CYPEET. 
 
 people of this State is to be established, vested in any one body, I must 
 here announce that I want that body to be restrainedin some way, and that 
 I would prefer, if it is to be unrestrained, that we should have a one-man 
 power. For no one man can think of as much deviltry as seventy-five. If 
 this Convention is going to perpetuate its existence, and govern Arkansas 
 for the future, I much prefer that the military commander should be our 
 ruler. As I before remarked, I am sure, however corrupt — I do not im- 
 pute to the military commander anything of the kind — but you may 
 assume that he is ever so corrupt, and he could not think of so much 
 mischief as seventy-five bad men. As a choice of two evils, I would prefer 
 to be governed by the military commander, rather than by seventy-five 
 irresponsible men. To whom is this Convention responsible ? It seems 
 to be a peculiar convocation of individuals ; and I would like to know 
 what power we do possess, and whether we have the authority to per- 
 petuate our existence. If we are, I must say I do not wish to perpetuate 
 my own existence as a member of this body, any longer. [Slight applause 
 from the right.] I did not come here to help establish a junto to rule the 
 people of Arkansas. I did not come here to help make any government 
 that should be unchangeable by the people when it should cease to be 
 what.the.people desired, — when it should cease to perform the functions of 
 a wholesome government ; nor would I consent to the establishment of 
 any political system which the people should not have power to change, 
 to meet the exigencies that might from time to time surround them. 
 Human capacity is not so perfect as to be able to devise a government that 
 may not need change at some time. 
 
 If I understand this substitute, it places within the power of the Presi- 
 dent to convoke or reassemble this Convention, at 'any time, upon his own 
 judgment and at his own discretion ; and provides that, when so convened, 
 upon the happening of a certain contingency, the Convention shall then have 
 supreme power in the State, and may establish such government as they 
 may see fit. It seems to me a very remarkable power, to be conferred on 
 this or any body of men. It reminds me of some of the arguments urged 
 by gentlemen a few days ago, when I observed that it was a very remark- 
 able circumstance, in the history of our country, that a class of individuals 
 who were not citizens of the United States should be used as instruments 
 to make themselves citizens. I now say it is equally remarkable that this 
 body should possess the power to make itself perpetual. I may say that 
 men have lost sight of the principle of limited government. All govern- 
 ments made for the protection of the people have limited powers, and 
 unless so limited, they become despotisms; and we have all been educated 
 to resist despotism. There is such a thing, I must tell you, as the last 
 feather upon the camel's back. And let me tell you, — do not goad the 
 people of Arkansas into any further resistance ! Do not do it! Let us 
 
 { 397 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thursday, 
 
 Final Adjournment— WILSON— MOORE— HINDS— CYPEET. 
 
 have a government that we can all acquiesce in. Do not goad them into 
 resistance ! They are tired of strife. They desire peace. They desire 
 quietude. The country is devastated and ruined ; we want peace again, 
 to build up the country. Do not, I say, take a step that will goad them 
 into further strife ! 
 
 Mr. WILSOISr. I move to lay the whole matter upon the table, indefi- 
 nitely. 
 
 Mr. HIISTDS. The gentleman from White [Mr. Ctpert] seems to have 
 arrived at the conclusion that this is a very remarkable proposition. The 
 substitute offered by the gentleman from Pulaski [Mr. Hodges] 
 
 Mr. MOORE rose to a point of order. A motion to lay upon the table 
 was not debatable. 
 
 The PEESIDENT. The Chair heard no second to the motion, until 
 after the gentleman from Pulaski [Mr. Hinds] had obtained the floor : con- 
 sequently, the Chair did not announce the question. 
 
 Mr. MOOEE. It was seconded. 
 
 The PRESn)EK"T. The Chair did not hear the second. The gentleman 
 from Pulaski [Mr. Hinds] will proceed. 
 
 Mr. HINDS. If the gentleman [Mr. Cypbrt] will look back for a short 
 period, to the time when the Convention of 1861 — of which, I believe, he 
 was a member — sat in this hall, it will perhaps come to his recollection that 
 the same action proposed for this Convention was thea adopted by that 
 body. 
 
 Mr. CYPERT. I desire to correct the gentleman [Mr. Hinds] in Ms 
 reasoning. The Convention adjourned to a day certain, and provided for 
 a contingency that might arise between the day of adjournment and that 
 time. It adjourned to a particular time, and made that adjournment final. 
 If, however, it were not called between the adjournment and that par- 
 ticular time, it was to be adjourned sine die. 
 
 Mr. lilKDS. The amendment is to that effect. When that Convention 
 adjourned, it did adjourn ; and was called together by the President of 
 the Convention ; and in the first half day after the assembling of the Con- 
 vention, if I am not mistaken, they passed an ordinance of secession. 
 
 Here, also, is a possible contingency, to call for the reassembling of this 
 Convention. If the Constitution submitted to the people shall not be 
 adopted by the people, then the Convention ought to be enabled to meet 
 again, in order that the objects for the attainment of which we are met 
 shall not be defeated, but that civil government may be estabUshed in 
 Arkansas, under the terms proposed by the Reconstruction Act. I under- 
 stand that to be the object of the motion of the gentleman from Pulaski, 
 [Mr. Hodges], viz. : that when the Convention shall adjourn, it may re- 
 assemble at the call of its President ; and that if reconstruction should fail, 
 if a constitution submitted to the people should be defeated, it shall be in 
 ( 398 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Pinal Adjournment.— HINDS— BRADLEY. 
 
 the power of the Convention, by so reassembling, to establish, within the 
 limits of the State of Arkansas, civil government, as contemplated by the 
 Reconstruction Act. I think we have a precedent, established by the Con- 
 vention of 1861, of which the gentleman [Mr. Cyeert] was an honorable 
 member ; and I consider it fally competent for us to follow the precedent. 
 
 Mr. BRADLEY. It occurs to me that we would not be justified in 
 following any wild precedent of any former convention, and that in this 
 proposed acjtion we are going beyond the provisions of the Military Bill, 
 under which we came into existence. Gentlemen seem to forget that 
 Congress is still in existence, and in session, and has charge of the whole 
 question of reconstruction. Congress nowhere provides or proposes that 
 we may adjoujrn from time to time, and make, one after another, a dozen 
 constitutions. If the people vote the Constitution down, we are not 
 authorized, by the Military Bill, to usurp the government of this State, 
 and set ourselves up as a reigning dynasty, to overrule the people of the 
 State. Congress will never acquiesce in such action, though there may be 
 bad and designing men in Congress. We are overleaping the length of 
 our cable-tow. When we adjourn, we adjourn. We have no power to 
 exceed the provisions of the Military Bill. 
 
 Sir, I wish to enter a protest, and I may as well do it now as at any 
 time. I came here under the provisions of the Reconstruction Acts, to 
 help build a government upon the broad basis of the will of the people. 
 But I did not come to build a government upon the basis of the dynasty of 
 a few men, who propose to assert the right, at their own caprice, to control 
 the destinies, to absorb all the powers, and to grasp all the emoluments, 
 of the State — everything, — Penitentiary, railroads, Hot Springs, and every- 
 thing else ! I will not longer, as a representative of the people, sit here 
 and suffer this usurpation to pass in silence. I will enter a protest; and I 
 will inscribe it indelibly upon the skies, that every man and woman, white 
 or black, in the State of Arkansas, shall read, that we are going beyond 
 the provisions of the Military Bill, that we are exceeding the bounds of 
 reason, that we are to-day placing ourselves before the world in the attitude 
 of a kind of oligarchy, to take into our own hands the charge of the affairs 
 of Arkansas, and constituting ourselves the civil government of the State. 
 We, sir! Great God! What a government it would be! If Barnum 
 would fall back upon his old enterprises, and take ifto London, for exhibi- 
 tion in his Museum, he would make a fortune out of the show ! 
 
 Sir, while the blood runs through my veins, as a freeman and a citizen 
 of this State, I will oppose to the end all such monstrous usurpation of 
 power. I am not here to sow firebrands. A man who has spent his 
 muscle, and bone, and life, upon the soil of his beloved State, who now 
 pays taxes on land in three Counties, and whose ties of blood, of family, 
 of interest, of patriotism, are all with Arkansas,— charged with throwing 
 
 ( 399 ) 
 
1868.] DEBATES AND PEOCBEDIlSrGS OF THE [Thursday^ 
 
 Final Adjournment.— BRADLEY— BEASLBY—BEOOKS. 
 
 firebrands in the Republican Party ! There are men, I am told, who have 
 said that they did not care a curse whether the Constitution was ratified, 
 or not; for if it were rejected, they could seize the reins of government 
 and establish a despotism. I have acted in good faith. I have kept on 
 my way, until I came to the fork of the road, and saw I must- decide my 
 course, and take my choice of the two paths. Then I said to gentlemen 
 here, from whom I had differed : — " Gentlemen, I will stick by my coun- 
 try. I shake hands with you. My heart is for her; and I wo;ild sacrifice 
 every political party in the United States, before I would sacrifice my 
 country, and the women and children who look to you and me for protec- 
 tion." 
 
 I enter my solemn protest against such damnable heresies as we have 
 heard here. I do it at the peril of everything ! 
 
 Mr. BEASLEY stated that he had voted for the amendment providing 
 that when the Convention should adjourn it adjourn subject to the call of 
 the President; and would now move a reconsideration of the vote by 
 which the amendment was agreed to. 
 
 Mr. McCLURE moved to lay upon the table the motion for reconsid- 
 eration. 
 
 Mr. BEASLEY asked for the yeas and nays. 
 
 The yeas and nayfe were ordered. 
 
 The question was taken; and it was decided in the affirmative, — ^Yeas 
 43, Nays 20, as follows : 
 
 Teas : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Bxon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges 
 of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Mer- 
 rick, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Priddy, Eaw- 
 lings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, 
 White, Williams, Wyatt, and the President — 43. 
 
 Nays: Messrs. Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, Hicks, 
 Hoge, Xyle, Moore, Norman, Owen, Portis, Puntney, Eeynolds, Shoppach, 
 Van Hook, Walker, Wilson, and Wright — 20. 
 
 So the motion to reconsider the vote by which the amendment was 
 passed, was laid upon the table. 
 
 Mr. BROOKS. I do not propose to occupy the time of the Convention. 
 I have encountered, in this movement, this morning, an important measure, 
 in its bearings and in the results proposed. It is understood, of course, 
 that the movement has .originated with the Opposition members of the 
 Convention. The motion of the gentleman from "White [Mr. Cypert], 
 who endeavored to precipitate an adjournment sine die, without, as is appar- 
 ent to every intelligent member of the Convention, the completion of any 
 ( 400 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [19th Day. 
 Final Adjournment— BEOOKS—OTPEET. 
 
 considerable poi-tion, and, indeed, without the ultim'ate adoption of any 
 portion, of the work for which the loyal people of Arkansas sent us to 
 this Capitol. The object of that motion will be understood, of course, sir. 
 
 Mr. CYPERT. A word has been frequently used, in debate, which I 
 desire to have explained : — " The loyal people of Arkansas." 
 
 The PRESIDENT. The gentleman from Phillips [Mr. Bkooks] will 
 explain. 
 
 Mr. BROOKS. I am not heavy on definitions, Mr. President. I sup- 
 posed we had had the definition of that term within the last few years, 
 dating from the time the gentleman [Mr. Cypert] was in the Convention, 
 here, in '61. I had supposed that term to have been pretty well defined — 
 its meaning and bounds. And I will say that if it be designed, by that 
 remark, to make a cut or cast a slur — I will repeat, — the loyal people of 
 Arkansas are ready and willing to give a ta«^i6^e. definition of what the 
 term "loyalty" means, and, if the exigency should arise, to repeat the 
 definition ! [Applause.] 
 
 With respect to the precedent that is spoken of, and the allegation that 
 the proposition contained in the substitute is an unusual thing, — unwar- 
 rantable and unjustifiable, — I would be gratified to add, to what the hon- 
 orable gentleman from Pulaski [Mr. Hinds] has said with respect to the 
 Convention assembled in '61, that though I should be very sorry to quote 
 it as an example, it is, perhaps, at the same time, worthy of consideration 
 as a precedent on this point. I mean no disrespect, no reflection, at all, 
 upon the action of the Convention of 1861, whatever may be my estimate 
 of that action, but speak simply with reference to the proposition, now 
 before us, of adjourning subject to the call of the President. The Cou- 
 vention of '61 did so adjourn, and was afterward convened by the call of 
 the President, who, I believe, is now Chief Justice of the State ; and the 
 honorable member, of this Convention, for White, was a member of that 
 Convention also, and, met with other members at that call, and voted to 
 take the State out of the Union of States. 
 
 Mr. CYPERT. I ask to correct the gentleman again. As I am sitting 
 here, and am alluded to personally, I want the gentleman's statement to 
 be correct. I know I state the facts correctly. That Convention ad- 
 journed to a particular date, with the proviso that if anything should 
 intervene during the recess, which might require the reassembling of the 
 Convention, it could be convened again by its President; but if not con- 
 vened prior to that time, it stood adjourned sine die. I state that as the 
 fact; and I wish gentlemen to incorporate that fact in their speeches, when 
 they make reference to the subject. 
 
 Mr. BROOKS. I think that has been sufficiently answered by the hon- 
 orable gentleman from Pulaski [Mr. Hinds.] I do not think it necessary 
 for me to reply to it. 
 
 26 ( 401 ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Thui-sday, 
 
 Final Adjournment.— CVPERT— BROOKS. 
 
 Mr. CYPEET [Jb Jlr. Brooks.] Just incorporate a statement of the 
 fact in your spoocli. 
 
 Mr. BROOKS. I M'ill. I read from page 102, of the Proceedings of the 
 Arkansas Convention of 1861 : 
 
 '■Skction 1. Be it onlahied by the people of the State of Arkansas in Coinrntion 
 assembled : That tlio President of this Convention be, and he is hereby author- 
 ized .and ompowerod, by proclamation or otherwise, to convene (his Conven- 
 tion at any time botwoon this and the 19th day of Augus(, A.D. 1861, it' in his 
 opinion an oxigoncy should arise within the time intervening- between the ad- 
 journment and said 19th day of August, A.D. 1861. 
 
 "Section 2. Be it further ordained by the authority aforesaid: That it shall be 
 the duty of the members of this Convention, to reassemble in this hall at the 
 time that may be appointed by the President under this ordinance, and in 
 such event, tlie dek^gates shall be entitled to the same mileage and per diem 
 as now provided by law" 
 
 I suppose that states the case as it was stated by the honorable gentle- 
 man from White. 
 
 Mr. CYPERT. Read further, and you will see that the Convention 
 stands adjonrned sine die. 
 
 Mr. BROOKS. That is one precedent. Another is afforded by the 
 Louisiana Convention, which adjourned subject to the call of its Presi- 
 dent. But, sir, I desire partieuhirly to call attention to the history of this 
 Convention question in the State of IMissouri. A convention was, on tlie 
 recommendation of the Governor of that State, Mr. Jacksou, authorized 
 and provided for by the Legislature, and subsequently assembled, with 
 Mr. Price as its President, and adjonnied sKhJeet to the eall of the Fresideid. 
 When the attitude assumed by the individual who had presided over it at 
 its first session, was so altered as to render it inexpedient to proceed fur- 
 ther under his leadership, it was changed, and a provisional government 
 was appointed, with its proper officers, to remain in operation for three 
 years. The forces of Missouri were levied under the auspices of that 
 Convention, and under the direction of the lion. Hamilton Gamble, as 
 the Governor of the State of Missouri. I remember that very serious ob- 
 jections were urged, especially to the perpetuity of the Convention ; but it 
 proceeded to ordain and establish a provisional government, and to place 
 that government in the hands of loyal men, for administration. And these 
 objections were urged notwithstanding that the Convention had been pro- 
 vided for on the recommendation of Governor Jacksou, and had been 
 called in accordance with the enactment of a Legislature overwhelmingly 
 Democratic,— and although presided over by s'terling Price, and at its 
 first session regularly adjourned, subject to the call of the presidiu!,' 
 officer— all of which was held in perfect order and, harmony with law, 
 (402 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 
 Final Adjournment.— BROOKS. 
 
 precedent, and constitution, and all that, until the Convention was placed in 
 other hands. Another class of men took hold of the reins and drew the 
 car, and then we heard an outcry, from one end of the State to the other, 
 and kept up through the three years of perpetuated existence of the Con- 
 vention and Provisional Government, that it was a despotism — an awful 
 despotism ! In that Convention there were not only " seventy-five men," 
 but about twice that number, — ^who could, of course, " think of more 
 deviltry" than we could here, — and not only because there were more 
 heads, but because they were old stagers, and had, some of them, thirty 
 years' experience, — particularly in South Carolina. But when Gamble 
 began to act, and continued to act, as Governor, in the stead of Jackson, 
 the Convention suddenly became a despotism., That was the matter, sir! 
 As to the reassembling of the Convention, and what we may do, and 
 what we may not do, there may be difference of opinion. I allege nothing 
 whatever, as to the motives of honorable gentlemen who differ from the 
 rest of us upon that subject. I must say, however, that there is, to my 
 mind, a vast amount of bombast and bluster, and awful, solemn protest, 
 that I think has very little of argument in it. The first Supplementary 
 Reconstruction Act provides that 
 
 " After the completion of the registration hereby provided for in any State, 
 at such times and places therein as the conjmanding general shall appoint and 
 direct, of which at least thirty days' public notice shall be given, an election 
 shall be held of delegates to a convention for the purpose of establishing a con- 
 stitution." 
 
 Tiat is, say certain honorable members of this body, to frame, and 
 send out to the people of the State, a constitution which in none of its 
 parts or parcels shall have any force, bearing, or authority, either directly 
 or remotely, until it shall have been passed upon by the people of the 
 State. I submit that such is not quite the language of the law upon that 
 subject. The language of the law is, " to establish a constitution." And 
 I suppose that it is not only competent for this Convention to frame a con- 
 stitution, but to do such acts authoritative, under the Law of Congress, 
 which is the supreme law of the land, as may be necessary in order to 
 carry out the design of the Law under which we are assembled. And 
 certainly, that language, "to establish a constitution," might, I think, be 
 legitimately construed to mean something more than merely to frame 
 something which we are to propose as the organic law of the State, but 
 which has no force or validity, even in its Ordinances or Schedule, or any 
 enactment of that nature, until it is, in all these respects, approved by the 
 people. I submit that, being assembled, with authority to establish a con- 
 stitution, and do such other things as may be legitimately done by the 
 Convention of the people, assembled by the votes of the people, we may, 
 
 ( 403 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Final Adjournment.— BROOKS. 
 
 in these acts, establish something in the way of authoritative legislation, in 
 our ordinances. I suppose it may be found that " Jordan is a hard road 
 to travel," in case a dift'erent interpretation be given, and gentlemen 
 attempt, here or elsewhere, to overthrow the authoritative, Constitutional, 
 and lawful enactment of this Convention of the people of Arkansas. I 
 submit that it may be found to be rough work ! 
 
 But the passage which I have quoted is not all, relevant to this subject, 
 that is contained in the Act under which we are assembled, and proceed. 
 We are convened for the purpose of " establishing" " a civil government." 
 "Where, now, is the solemn protest, — where, now, is the " despotism," — 
 when the Act of Congress declares expressly that we are assembled to 
 establish a civil government for the State of Arkansas ? And yet honor- 
 able gentlemen take it terribly to heart if there be an intimation that 
 this Convention may, in certain contingencies which might possibly arise, 
 perpetuate its existence, if practicable, to carry out the wishes of the 
 people of the State of Arkansas, and of the Congress of the United States, 
 for the establishment of civil government. As to whether we shall meet 
 the approval of the people of Arkansas, in the Constitutiorr which we 
 shall frame and submit to their consideration, and in such other acts 
 and proceedings as we claim we have authority to perform here, we are 
 perfectly willing to submit that question to the people, and ascertain 
 whether we meet their endorsement, or not. Perfectly willing, sir. But, 
 unlike the honorable gentleman from White, we claim that there are some 
 other people in this country beside the old ruling class of the inhabitants 
 of this State. We are disposed to claim that the twenty-two thousand 
 men in this State, legally registered, qualified electors, under the Law 
 of Congress, who, with their wives and families, represent more than one 
 hundred thousand of its inhabitants, and fully one-half of the whole pro- 
 ducing population, constitute one class of the people. We hold that they 
 have a right to say something on this question of government. 
 
 The honorable gentleman very earnestly deprecates any atterupt to 
 establish a despotism. I am sorry that the gentleman gets frightened at 
 the presentation of the idea of a permanent oligarchy. I think there must 
 be some Banquo in his mind's eye. There must be an old, bony, long- 
 armed, bloody-handed ghost, that he sees in the distance. I think there 
 must be some association connected with this question of despotism, of oli- 
 garchy, of rule without law or authority, — some unhallowed vision rising 
 up at the mention of that word ; and we might well ask them if we have 
 no power to raze out this " damned spot," and " with some sweet oblivious 
 antidote" to relieve these stuffed bosoms. I trust, sir, that gentlemen 
 who have, in time past, been enabled to confront, not the spectres, but the 
 realities, will not be frightened before anybody is hurt. I think, if they 
 will consent to go easy, and keep their nerves steady, that so far as oligar- 
 ( 404 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Pinal Adjournment.— BEOOKS-rCYPEET. 
 
 ehies and despotisms, even of brainless and "bad men," to the number 
 of seventj'-five — including, of course, the honorable gentleman himself, 
 for we have not the count without him — seventy-five " bad men " will 
 not do worse for the State, than some similar number did in '61. And 
 if the honorable gentleman could not only stand up to the scratch in '61, 
 with the '" bad men" assembled in this capitol then, but, as one of 
 the number, could aid, with fratricidal hands, to seize that old flag and 
 trail it in the dust, drench this State with fraternal blood, and desolate 
 these homes through all this fair land, I think he need not be greatly 
 frightened, to-day, at the substitute of ray friend from Pulaski. 
 
 We propose, by the substitute, simply, to retain, and perpetuate to such 
 a length of time as the exigencies of the occasion may demand, the exist- 
 ence of this Constitutional Convention, holding oui'selves, cheerfully hold- 
 ing ourselves, responsible to the Congress of the United States, under 
 whose authority we are here assembled, and responsible to the authorities 
 of the United States Government, military as well as civil. 
 
 But there is something still further, in this Act, which declares not only 
 that we are to establish a constitution, establish a civil government, but 
 that we shall establish a constitution and civil government, for the State 
 of Arkansas, " loyal to the union." And that is where the rub is — 
 that is where the friction comes in — that is where the nerves become irri- 
 tated, and gentlemen occasionally get alarmed. 
 
 I do not suppose, Mr. President, that there is anything very dreadful in 
 the substitute. I do not suppose that any very serious results will accrue 
 to the people of the State of Arkansas, or to the members of this Conven- 
 tion, if we should, when we adjourn, adjourn to meet at the call of the 
 President, for the purpose of considering the situation of the country, in 
 case any exigency requiring such action should arise, and to ascertain, what 
 if anything, further, it may be lawful and Constitutional to perform, on 
 behalf of the people with whose interests we are charged. I see nothing 
 terrific there, nothing, with the precedents before us, to alarm any of us, 
 except there be some sensitiveness on the points I have indicated. I can 
 readily understand, if such sensitiveness does exist, whence comes all this 
 stir. Otherwise, I can see no occasion for it; on the contrary, I see a 
 plain, sraightforward, business proposition, to perpetuate the lawful and 
 Constitutional existence of a lawful and Constitutional Convention of the 
 State, " for the purpose of establishing a Constitution and civil govern- 
 ment," "loyal to the Union." 
 
 Mr. CYPERT. "Will the gentleman allow me to reply at this particular 
 tnoment? I do not wish to speak out of order. 
 
 The PRESIDENT. If the gentleman desires to make a speech, the 
 proper course will be to inquire if all other gentlemen who desire to speak 
 have spoken. 
 
 ( 405 ) 
 
1868.] DEBATES AND PEOOEEDINGS OP THE [Tharsdaj, 
 
 Final Adjournment.— CTPEET— HODGES of Pulaski— BEADLEY—DUVALL. 
 
 Mr. CYPEET. If the Convention will give me leave, I desire to speak 
 at this particular moment. 
 
 The PRESIDENT. Are there any other gentlemen who desire to 
 speak ? 
 
 Mr. HODGES, of Pulaski, obtained the floor. 
 
 Mr. DUVALL. I wish to make a few remarks — I do not desire to make 
 a speech. 
 
 The PRESIDENT. The gentleman from Pulaski [Mr. Hodges] has the 
 floor. 
 
 Mr. HODGES, of Pulaski. Here is a little despatch, which I wish to 
 read from the Proceedings of the Convention of 1861. 
 
 " [By Teleqbaph trom Pine Bltjit.] 
 
 " May 9th, 1861. 
 " To Governor H. M. Eectoe : 
 
 " Steamboat Arago is owned, by her papers, in Pittsburg, Pennsylvania, and 
 has one hundred tons provisions belonging to owners. Shall we confiscate her 
 here? Plenty of good Southern steamboatmen here to take her»where you 
 want her, free of charge. 
 
 " Capt. Jno. M. Bradley." 
 
 Mr. BRADLEY. I sent the dispatch. 
 
 Mr. HODGES. That is all. 
 
 Mr. BRADLEY. This is a personal matter ; and, in justice to myself, 
 I wish the gentleman would turn back a few pages, where he will find 
 that Brigadier General Thomas James [The Reporter did not hear clearly 
 this name] announced that he had arrested the steamer ; and he will per- 
 ceive that I was simply a Captain, acting under the instructions of that 
 officer. He had ordered me to go aboard ; and under his orders I ex- 
 amined the schedules and clearance papers, and despatched, as I was told 
 to do. 1 am a great hand to obey orders. I am now obeying orders. 
 My whole course here has been in obedience to orders. I obeyed orders 
 when I sent that despatch. And in my opinion, Governor Rector, and 
 the Convention, acted very foolishly. For though the steamer was re- 
 leased on the promise of, travelling in the South, the moment she was 
 released she went straight to the North. If they had taken my advice, 
 they would have been a steamboat better off". 
 
 Mr. HODGES, of Pulaski. Yes, sir ; one more steamer would have 
 been taken from the North ! 
 
 Mr. DUVALL. I rise for the purpose of entering my protest against 
 the waste of time and money, going on in this body. I understand, fronf 
 the Law, that this Convention was called together to frame a Constitution. 
 If that is the business, I would like gentlemen to come to their right 
 senses, and come to the work. We are not here for the purpose of turning 
 
 ( 406 ) 
 
Jan. 30tli.] AEKANSAS CONSTITUTIONAL CONVENTIOlSr. [19th Day. 
 Pinal Adjournment.— DUVALL—BKOOKS. 
 
 back and seeing what men have been doing heretofore. Could our con- 
 stituents of Arkansas be assembled here to-day, look upon this body, and 
 hear what is said and done, they certainly would be disgusted. Here we 
 have motion after motion, to do one thing and to do another, to no purpose. 
 It is accomplishing no good, it will effect none ; and I ask the gentlemen 
 of this Convention to co.me to their senses and go to work in good earnest. 
 If that is what you have assembled for, — to frame a Constitution, — do it ! 
 As regards adjourning the Convention subject to a call of the Presi- 
 dent, I do not understand that to be compatible with the Reconstruction 
 Laws. Those laws have made provision for the call of a Convention to 
 frame a Constitution. That Constitution is to be submitted to the people 
 for their ratification. If rejected, I understand that we are to remain a 
 provisional government. Section 6 of the Reconstruction Act declares : 
 
 "■And he it further enacted, That until the people of said Rebel States shall be 
 by law admitted to representation in the Congress of the United States, any 
 civil government which may exist therein shall be deemed provisional only, 
 and in all respects subject to the paramount authority of the United States." 
 
 Are we to resolve ourselves into a body holding the supreme power of 
 the State, and adjourning from time to time, subject only to the call of 
 the Convention? I appeal to you in good earnest, as an honest man, — 
 come squarely up to the work, let us, accomplish it, and let us go home 
 and submit that work to the people. 
 
 If in order, I wish to say another word; and that is, in reference to the 
 word " loyal." I hear it from almost every member that rises upon the 
 floor. I claim to be loyal, though I differ from other gentlemen in re- 
 gard to the powers which they attribute to Congress. 
 
 Mr. BROOKS. I would be glad of an opportunity of explanation. I 
 was last on the floor; and that term " loyal" was handed about, somewhat. 
 I wish to make this explanation. The connection in which the term was 
 employed, was this: that the members of the Convention here assembled 
 are the representatives elected by the loyal people of Arkansas. . Now, if 
 there are gentlemen elected hy the disloyal people, I confess I should have 
 some misgivings about the propriety of their remaining. But I spoke of 
 the delegates here, all, as being elected by the loyal citizens of the State 
 of Arkansas. 
 
 Mr. DUVALL. I claim to be one of those delegates elected by loyal 
 citizens. I do not attribute any disrespect, in the remarks of the gentle- 
 man from Phillips [Mr. Bbooks.] But I am commonly met, outside this 
 hall and in the hall, with reproaches and insinuations of being disloyal. 
 I wish to place myself right upon this subject. I take the' position 
 that there are three branches of this government, — legislative, judicial, 
 and executive. The legislative body enacts the laws. There is, in the 
 
 ( 407 ) 
 
1868.] DEBATES AND PEOOEEDINGS OP THE [Thursday, 
 
 Final Adjournment. — DUVALL. 
 
 Judicial Department of the Government, a Supreme Court; and those 
 laws, as regards their Constitutionality, and consequent validity, are suh- 
 ject to the decisions of the Supreme Court. I hold that there is no legal 
 gentleman, honest enough to come up to the point, v^ho vrill for one 
 moment contend that these Reconstruction Acts are Constitutional, or that, 
 not being Constitutional, they are valid. It is admitted, by the knowing 
 portion of the party in power, that these Acts are not Constitutional. Thad. 
 Stevens himself says they are not. When I approach the more honest 
 members of that party, and talk to them on the question, they admit, to 
 me, that they do hot contend for the Constitutionality of those laws ; but 
 that circumstances have rendered it necessary for Congress to step a little 
 qutside the limits of the Constitution. I will take the same ground which 
 the honorable gentlemen from Phillips took, here, with reference to the 
 resolution respecting the intermingling of the two races. He took, and very 
 correctly, the ground that it is very dangerous for any legislative body to 
 go outside the powers with which they are invested. I take the same 
 position ; that it is always dangerous ; and I hold that it is especially dan- 
 gerous for the Congress of the United States to transcend its powers. It 
 has done so ; it has gone out outside of its authority, one step after another, 
 until, at length, it has arrived at the capping climax of the whole, and has 
 undertaken to put the Supreme Court under its foot. If these things are 
 to be. suffered, I ask you where is our Government ? Its very foundations 
 are swept away ; and it will go, as governmemts have gone before. 
 
 One word more, while I am on my feet. We hear much talk of preju- 
 dice against the negro. I am not prejudiced against the negro. I am 
 willing that he shall have all the rights that belong to him, as an indi- 
 vidual under the protection of the law. I differ from you in regard to the 
 elective franchise. There is not a negro in my County that is an enemy 
 to me— not one. They know where I have stood all the time. I really 
 do not believe that the extension of the elective franchise to the colored 
 race will redound to their benefit. 
 
 But I leave that question. I again appeal to you to go to your work, 
 faithfully, to finish it in the shortest time, submit it to the people, and go 
 home, that we mdy lessen the expenses cast upott them. They are heavily 
 taxed and hard pressed. 
 
 If in order, I would move to reconsider the vote by which the Conven- 
 tion refused to lay the substitute upon the table; and this with a view to 
 get rid of the whole matter, and come back to the work we have to do. 
 
 Mr. ROUJSrSAVILLJ] moved that the Convention take a recess until 
 two o'clock, P.M. 
 
 The question was taken ; and the motion was not agreed to, 
 
 Mr. MATTHEWS moved that the Convention adjourn. 
 ( 408 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Pinal Adjournment.— HODGES— CYPEET—DUVALL—ROUNSAVILLE. 
 
 The question was taken ; and the motion was not agreed to. " 
 
 Mr. EEYNOLDS moved to lay upon the table the whole subject 
 pending. 
 
 Mr. HODGES, of Pulaski, asked for the yeas and n^ys. 
 
 The yeas and nays were ordered. 
 
 Mr. CYPERT. I ask for information. I understand that this motion 
 to lay upon the table cuts off debate. I wish to know if it is the desire 
 of the Convention to allow the personal allusions to the position which I 
 personally occupy, to pass without a reply. 
 
 Mr. HODGrES, of Pulaski. We propose; on this side of the house, to 
 vote against the motion. It was upon the gentleman's side of the house, 
 that the motion to lay upon the table was made. 
 
 Mr. CYPERT. If lost, I shall of course reply to the allusions which 
 have been made. 
 
 The question was taken; and it was decided in the negative, — Yeas 16, 
 l!^"ays 46, as follows : 
 
 Teas : Messrs. Beasley, Corbell, Duvall, Gantt, Hicks, Kyle, Matthews, Moore, 
 Owen, Puntney, Eeynolds, Shoppach, Van Hook, Walker, "Wilson, and Wright 
 —16. 
 
 Nays : Messrs. Belden, Bell, Bradley, Brashear, Brooks, Coates, Cypert, Dale, 
 Evans, Exon, Gray of Jeiferson, Grey of Phillips, Hatfield, Hawkins, Hinds, 
 Hinkle, Hodges of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, 
 Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Por- 
 tis, Priddy, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, 
 Smith, Snyder, White, Williams, Wyatt, and the President — 46. 
 
 So the .Convention i-efiised to lay the subject upon the table. 
 
 Pending the call of the roll : 
 
 Mr. DUVALL (when his name was called) asked to be excused from 
 voting. 
 
 Objection being made, 
 
 Mr. DUVALL said : I vote Aye. I want to get rid of this whole matter. 
 
 Before the vote was announced, 
 
 Mr. ROUISTSAVILLE said : I voted JSTo; not that I was opposed to the 
 proposition to lay on the table, but that the gentleman from White [Mr. 
 Cypert] might have an opportunity to discuss the subject. 
 
 The vote was then announced as above. 
 
 Mr. CYPERT. It is not my purpose to detain the Convention in this 
 discussion. I did not introduce the motion to adjourn, with any view of 
 bringing up such a discussion as followed. If the gentlemen in the ma- 
 jority had voted directly upon the question, they could, had they so chosen, 
 
 ( 409 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 rinalPostponement.—CYPEET— BROOKS. 
 
 have voted the proposition directly down. My object in introducing it 
 was, to precipitate work, and in some way secure our going to work. 
 We have been here four weeks, and have done, we may say, nothing. 
 My object was, to. precipitate work. It is the substitutes and amend- 
 ments which have brought forth discussion. They have caused all the 
 delay. I introduced none of the substitutes or amendments, upon what I 
 conceive to be the preposterous questions which have been introduced 
 before the Convention. 
 
 "But to come at once to the question as presented to myself. I asked 
 what gentlemen meant by " loyalty," and did so with the bona fide pur- 
 pose of ascertaining what they meant. I was answered in an evasive way. 
 But now I understand, from the argument of the gentleman [Mr. Bkooks], 
 what these gentlemen mean by " loyalty." "When they desire to find a 
 precedent for what they propose, where do they go to seek it? Do they 
 seek a precedent in the actions of any loyal people, of those who desire to 
 perpetuate our form of government, to preserve the Constitution and the 
 Union ? Do they seek a precedent, I ask, for their course, in any body 
 that was for the perpetuation of the Union, or the enforcement of the laws, 
 or the Constitution of the United States ? ISTot one ! 
 
 Mr. BEOOKS. I would ask to be allowed an explanation. I think I 
 quoted a precedent from the Convention of Louisiana, which, it was sup- 
 posed, in this part of the country, — I mean, in my part of the country, — 
 was designed to assist in the perpetuation of the Union. I quoted the 
 precedent of the action of the Missouri Convention in the hands and 
 under the auspices of Union men, headed by Governor Gramble, — which, 
 we in Missouri understood, was laboring, — and which did labor, — for the 
 perpetuation of the Union, and for the vindication of the flag. I con- 
 cede, of course, that we did quote the gentleman's precedent of 1861, 
 merely for the sake of more ample illustration. 
 
 Mr. CYPEET. I will come to that instance. Sir, the gentleman is 
 unfortunate in the selection of his precedent from the proceedings of the 
 " loyal " body in Louisiana. To-day, there is another Convention there, 
 similar to this, seeking to undo what that " loyal" Convention did. Is the 
 gentleman more fortunate in thaj precedent ? I say, he seeks precedents 
 only among those who wished to set aside the Constitution of the United 
 States, those who wished to destroy the Government of our fathers, those 
 who wished to inaugurate a new system of government. I admit that the 
 precedent taken from Louisiana might do very well, were it not that we 
 have there a Convention, to-day, of the same order as this, seeking to 
 destroy the work of that very body. 
 
 I contended, I still contend, that the history of the country bears me out 
 in the assertion that the Eadical Party is but the counterpart of Secession. 
 They have fought against i-econstruction upon anything like an equal basis 
 ( 410 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Pinal Adjournment.— CTPEET—BEOOKS. 
 
 with that of the government of other States, ever since the rehels laid 
 down their arms. I repeat, they are but the counterpart of Secession. I 
 have heard disloyal sentiments spoken, in the City of Little Rock, from 
 both sides, the two extremes. They have laid hold of the garments of the 
 Government at each end, and are trying to tear it in two; and, unfortu- 
 nately, they have torn so great a rent in that garment, that ten States are 
 yet unsheltered, and " left out in the cold." I say that if there is any dis- 
 loyalty, it is in that party which openly professes to be travelling outside 
 the Constitution of the United States. What is loyalty ? It is obedience 
 to the laws of the country. The paramount law is, the Constitution of 
 the United States. The acts of any legislative body, not in consonance 
 with the Constitution, are not laws. There is the difference between an 
 act and a law. Acts not in conformity with the Constitution, are mere 
 acts of Congress, or of the Legislature ; but they fail to become laws. I 
 say, then, obedience to the Constitution of the United States, obedience to 
 the laws passed in accordance therewith, is the only test of loyalty known 
 to American citizens. 
 
 Mr. BROOKS. Will the gentleman allow me a question ? 
 
 Mr. CYPERT. Yes, sir. 
 
 Mr. BROOKS. It is this : on his theory of the unconstitutionality, and 
 consequent nullity, of the Acts of Congress called the Reconstruction Acts, 
 by what pro9ess of logic and philosophy does he propose to hold us, here, 
 in our actions, to strict conformity with these unconstitutional and unlawful 
 Acts of Congress — he quoting them as authority ? 
 
 Mr. CYPERT. The gentleman will bear me out in sti^ing, that I have 
 not tried to hold this body to anything in particular. We have tried to 
 prevent the passage of preposterous measures ; but I have not endeavored 
 to hold the Convention to any particular course of conduct. 
 
 Mr. BROOKS. The gentleman has been continually reading from those 
 Acts, which he holds unconstitutional and void. 
 
 Mr. CYPERT. I have read those Acts for the purpose of showing their 
 unconstitutionality. 
 
 But I now come to this point. The gentleman referred to my antece- 
 dents. Sir, in 1861 I stood in this hall and appealed, as warmly as I do to 
 these gentlemen, against the violation of the Constitution of the United 
 States. I did it, sir. I was in the majority of the first Convention ; and we 
 voted down the proposition to violate the Constitution of the United States. 
 When the second Convention met, what was the state of the country ? 
 War had commenced : and I assert to-day, as I have always asserted, — and 
 every man in my neighborhood knows it to be true, — that I denied the right 
 of secession, that I protested against the war, that I told them it would 
 devastate the country, that we were ruined if we passed the Ordinance of 
 Secession. But what was left me ? I again declare, — and I believe the 
 
 (411 ) 
 
1868.1 DEBATES AND PEOCEEDINGS OP THE [Thursday,. 
 
 Pinal Adjournment.— CTPEKT— HODGES of Pulaski— BEOOKS. 
 
 venerable Executive of the State will bear me out iu so saying, — that I 
 denied the right of secession : but we were all compelled to go one way or 
 the other, and if we voted against secession at that time, we would be 
 divided among ourselves. We had to float with the current as it went, 
 till we could hang to the willows. 
 
 I have ever acted upon that principle. I have always denied that a 
 State could withdraw from the Union, or that the Union could expel a 
 State. I have always denied that Secession was anything but rebeUion. 
 Where do I find my Radical friends? T find them cheek by jowl with 
 whom ? A gentleman who, in this State, took the initiatory in secession. A 
 man who boasts that he drafted the Ordinance of Secession, is now quoted, 
 and patted upon the back, by the leading members of this Convention. 
 
 A MEMBER [in his seat.'] He has repented. 
 
 Mr. HODGES, of Pulaski. "Will the gentleman state the name ? I 
 have heard of nothing of the kind. 
 
 Mr. CYPERT. He is not a member of this Convention. [A few words 
 of the speaker were here inaudible to the Reporter.] It is known that 
 that man stood in this hall, while calling upon the State to secede, and 
 asserted that he would be the man that would take the torch and put it to 
 the City of E'ew York, and burn that city to ashes, over its inhabitants. 
 [Turning to Mr. Brooks.] That is your " loyalty," is it? 
 
 Mr. BROOKS. I know nothing about that gentleman. I have never 
 been associated with the burners of cities, and the poisoners of waters, 
 and the diffusers of disease, and of death in that style, in any way what- 
 ever. That is n»t my breed of loyalty, at all. They didn't have any loy- 
 alty of that kind, where I come from. 
 
 Mr. CYPERT. The gentleman is not engaged, I admit, in the poison- 
 ing of springs. But there is a worse species of poisoning; and I charge 
 the gentleman with that. It is, poisoning the ignorant; it is, attempting 
 to induce the ignorant to deeds to which the poisoning of springs would 
 hardly be equal. 
 
 Mr. BROOKS. I demand a specification. 
 
 Mr. CYPERT. I will give it. 
 
 Mr. BROOKS. That I instigate parties in this State to deeds compared 
 with which the poisoning of springs and burning of cities is virtuous. — I 
 ask a specification. 
 
 Mr. CYPERT. I correct myself, as far as the language could have the 
 construction which the gentleman seems to put upon it. I do not attrib- 
 ute to him the intentional effect of his poison ; but the deeds to which I 
 referred are the legitimate result of the doctrine propagated by the gen- 
 tleman. I contend that the legitimate result of the Radical doctrine is, 
 to bring about a war between the races, which will inevitably produce the 
 destrjiction of our country. That is my explanation, 
 (412 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day, 
 Pinal Adjournment.— BROOKS— CTPERT— KYLE. 
 
 Mr. BROOKS. That is, — if the gentleman will allow me (well, the 
 gentleman drinks — I should think a man would get thirsty over the like 
 of that) — that is, the equality of all men before the law, without respect 
 to race, color, or previous condition, and the advocacy of that doctrine, 
 is worse than the poisoning of Springs or the burning of cities. 
 
 Mr. CYPERT. I did not understand that to be the legitimate conclu- 
 sion to be drawn from my language. 
 
 Mr. BROOKS. That is the issue. 
 
 Mr. CYPERT. I know that is what the gentleman claims. He talks 
 about the equality of the races ; but he straightway declares that I shall 
 not, nor shall any man who has ever held an office in the State of Ar- 
 kansas — for it amounts, practically, to about that, — ever hold office in the 
 State, under the new Government; and he proposes to deny the right of 
 suffrage to I know not how large or numerous classes of the inhabitants * 
 of the State. Is that " equality before the law?" God save me from the 
 "equality!" 
 
 Mr. BROOKS. Permit me to continue this running fire. That is to 
 say, sir, — and I wish to be corrected if I am wrong, — that because we hold 
 and advocate the doctrine of equality before the law, for all men, — equality 
 of civil rights, regardless of race, color, or previous condition, — therefore, 
 for us, in the ease of men who, for the sake of opposing the United States 
 Government, the Union of these States, and the honor of the flag of the 
 country, perjured themselves, to attach any disability to such perjury and 
 such treason, is in defiance of the equality of rights before the law. 
 
 Mr. KYLE. I rise to a point of order. We have under consideration 
 a certain substitute. I do not understand that in debating the question 
 arising under that substitute, a discussion of the doctrine of secession, 
 and all this kind of slang-whang, that we have gone over in the last six 
 years, amounts to anything at all. If we are to be kept here, from day 
 to day, to engage in this idle controversy, we had better adjourn, and go 
 home at once. A while ago, I wanted to have something to say upon this 
 substitute before the Convention ; but was ruled out on the point of order 
 that my remarks were not relevant to the question, and took my seat. I 
 do hope that this course of debate will come to an end — that it will be 
 ■put to an end. If gentlemen have anything to say upon the question of 
 the substitute, let them argue that, and not go over the whole ground of 
 secession, that every man, woman, and child, in the country, has talked 
 of for the last six years, and that everybody is tired' of. Let us confine 
 our attention, now, to seeing a better state of things inaugurated. 
 
 The PRESIDENT. The point of order raised against the gentleman 
 from Dallas [Mr. Kyle] was, that the question before the Convention 
 was upon a motion to refer, which was not debatable. The Chair 
 believes, however, that the present point of order is well taken, if we 
 
 ( 413 ) 
 
1868.] DEBATES A]S"D PEOCEEDINGS OP THE [Thursday, 
 
 Pinal Adjournment.— POETIS—BEOOKS—CTPERT. 
 
 should apply a strict rule ; but as considerable latitude has been given, 
 the gentleman will proceed with his remarks. 
 
 Mr. PORTIS. I move that we now adjourn. 
 
 Mr. BEOOKS. I hope not, if the gentleman [Mr. Cypert] has not 
 finished. 
 
 Mr. CYPERT. I believe I have nearly finished. I should have finished, 
 if the gentleman [Mr. Brooks] had not pumped a speech into me, from 
 the other side of the house. 
 
 Mr. PORTIS. I withdraw the motion to adjourn. 
 
 Mr. CYPERT. The gentleman [Mr. Brooks] talks of " equality before 
 the law." The gentleman assumes that equality before the law means 
 the protection of the law, and so forth. I have always advocated that. I 
 think the gentleman and I have got together. But he does not practice 
 what he preaches. By his practice he proposes not to permit certain per- 
 sons equality with the rest of the community, before the law; for he as- 
 sumes that they have been guilty of crime. No court of the country has 
 ever convicted these persons. I might -assume that the gentleman had 
 committed a crime. But my assumption of the fact does not make it 
 so. If I were to assume that he was guilty of a violation of the law of 
 felony, for instance, and should upon that assumption come here and vote 
 for his disfranchisement, individually, I would be travelling outside the 
 Constitution to which I am loyal. But the gentleman's loyalty is such as 
 will not allow me to be loyal where he is loyal. He is loyal to a certain 
 party, to a certain system of politics, that blinds him to every principle of 
 the Constitution of the United States, and every principle of a free and 
 republican form of government. I maintain that this substitute is nothing 
 more than a stroke at the very foundation of a republican government. It 
 proposes to perpetuate this body, at the call of an individual officer, as 
 a junto to make laws and rule the State of Arkansas. I admit that the 
 gentleman has a precedent for that. We have, in the United States, a 
 body that is styled Congress, which seeks to place itself in a similar atti- 
 tude. It seeks to destroy the Executive Department of the Government; 
 it seeks to destroy the Judiciary of the Government, and to render itself 
 the perpetual and sole power of the Government of the United States. 
 The gentleman is loyal only to a particular class of politicians. He is 
 loyal to Congress only.. He does not profess that he will obey the supreme 
 law of the land; he denies that the Supreme Court had any right to decide 
 that a negro was not a citizen of the United States, and he characterizes 
 the Chief Justice of the United States as the Jefiries of America. 
 
 Mr. BROOKS. I beg the gentleman's pardon ; I never made any such 
 remarks, on this floor or anywhere else on the earth. 
 
 Mr. CYPERT. The remark came from that side of the house, the other 
 day. I may be mistaken in attributing it to the gentleman. 
 
 ( 414 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Pinal Adjournment.— CTPBRT— SMITH— GEET—BEOOKS. 
 
 A MEMBER [in his seaf] It was made by his colleague. 
 
 Mr. CYPERT. I am told that it came from the gentleman's colleague. 
 
 The PRESIDEN'T. These remarks are not to the point before the Con- 
 vention. 
 
 Mr. CYPERT. As I have been ridden, I would like to ride a while. 
 
 Mr. SMITH. I would like the gentleman to specify which colleague. 
 
 Mr. CYPERT. I exonerate Mr. Smith. 
 
 A MEMBER [in his seat.'] It was Grey. ' 
 
 Mr. BROOKS. My colleague is modest: and I will say that the Chief 
 Justice referred to was not Chief Justice Chase. 
 
 Mr. CYPERT. No, sir. 
 
 Mr. GrREY, of Phillips. I made a remark of that kind; and I have the 
 evidence upon which I made it, and when you get through I will give it 
 you. 
 
 Mr. CYPERT.- That decision is the law of the land ; and it so remains 
 until it is reversed. It has never been reversed by the Supreme Court ; but 
 it has been attempted, by Congress, to reverse it; and to Congress it is that 
 the gentleman [Mr. Brooks] is loyal, not to the Constitution, or to the 
 G-overnment. I contend that I am a more loyal man than he is ; for I am 
 loyal to the Constitution, loyal to my country, and disloyal to all particu- 
 lar cliques and parties. I hold myself, as a politician, independent in all 
 things, and neutral in nothing; I assume to judge for myself, of my course. 
 "What I see good in a party, I accept ; what I see bad in a party, I reject. 
 And when I see a party organized for the purpose of subverting the Con- 
 stitution of the United States, perpetuating anarchy, and out of anarchy 
 producing despotism, I confess I cannot go with it — I confess I cannot be 
 loyal to such a party. 
 
 I return to the point from which I set out. I am sorry to find that 
 gentlemen are allying themselves with those who were the originators 
 and perpetrators of secession. I am sorry they endorse them. I am 
 sorry that they go to them for precedents ; though I deny that the action 
 of the Convention of '61 formed a precedent for the course here proposed. 
 I stated, before, that in that case there was a limit — they adjourned to a 
 particular day; and I say that in this case there is no limit. This irre- 
 sponsible body — responsible to nobody but the military — inaugurates a 
 perpetual rule of its own, and, supported by the military arm of the Gen- 
 eral Government, usurps the supreme power of the State. It makes you, 
 sir, a dictator over everything, for a little while. It places an awful respon- 
 sibility solely upon you. If this Convention is going to permit you, sir, 
 to call it together, at any time, at your own discretion, to act as the su- 
 preme power of this State, it is an awful responsibility, and I am sure you 
 would not assume it. I was sorry to see the President's name in the 
 affirmative, in the vote upon the amendment. It seemed to me he was 
 
 ( 415 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Thursday, 
 
 Pinal Adjournment.— GENERAL DEBATE. 
 
 seeking such a power; and I am sorry to see that there is a gentleman 
 here who seeks so supreme a power in the republic. If there is any man 
 in Arkansas who seeks a position of that kind, he is disloyal to a repub- 
 lican form of government, and is not a loyal man. For I still contend that 
 we have the germ left, of the old republican form of government. 
 
 I have dejBned loyalty and disloyalty, as loyalty and disloyalty to the 
 Constitution of the United States. I have 'defined my position. If gen- 
 tlemen do not endorse that position, they Surely are disloyal. 
 
 Mr. BEASLEY. The amount of time which we allot ourselves is not 
 sufficient to admit of all the speaking that it seems must necessarily take 
 place. I therefore move that we take a recess until two, or half-past two, 
 o'clock, and then meet again, so that we may be able to transact some 
 business. 
 
 The PRESIDENT. The Chair will state that the debate upon this ques- 
 tion is closed. The question will be (either now or when the Convention 
 shall reassemble after the recess, according to what may be the action of 
 the Convention on the motion for a recess) upon the adoption of the sub- 
 stitute. 
 
 Mr. KYLE. I hope the vote will be taken now. 
 
 Mr. BEASLEY. I urge a recess. We are not prepared to vote now. 
 
 Mr. McCLXmE. Would an amendment to the motion to take a recess, 
 be in order? 
 
 The PRESIDENT. An amendment changing the hour to which the 
 recess shall be taken, would be in order. 
 
 Mr. McCLURE. I would desire that the members of the committees 
 should be excused from attendance. 
 
 Mr. HODGES, of Pulaski. There are decided objections to meeting in 
 the afternoon. 
 
 The PRESIDENT. The Chair presumes there would be serious objec- 
 tions to excusing the committees, as we should hardly have a quorum. 
 
 Mr. BEASLEY withdrew the motion for a recess. 
 
 Mr. HODGES, of Pulaski. I wish to make an explanation. It has been 
 stated that no limit is fixed by this substitute. I read from the substitute, 
 to show that there is a limit. 
 
 "Eesolved: That when the Convention finally adjourns, it shall be at the call 
 of the President, whose duty it shall be to convoke the Convention in case the 
 Constitution Bhould not be ratified, for the purpose of taking such steps as may be 
 necessary," etc. 
 
 Mr. GREY, of Phillips. I do not wish to take the time of the Conven- 
 tion ; but I would ask leave simply to read a few extracts, to show why I 
 made the remark which has been referred to. 
 
 The PRESIDENT. The gentleman can make any explanation ; but, the 
 ( 416 ) 
 
Jan. SOth.] AEKAISTSAS COlirSTITUTIONAL CONVBNTIOlSr. [19th Day. 
 
 Pinal Adjournment.— G-EEY. 
 
 debate having, under the rules, been closed, it is out of order to debate 
 
 the question before the Convention. 
 
 Mr, CYPERT [in his seaf] Out of order. [Cries of " Leave."] 
 
 The PRESIDEI^T. It was distinctly understood that the gentleman 
 
 [Mr. Gkby] confines himself to an explanation. 
 • Mr. GREY, of Phillips. I wish to read on but one point. I quote from 
 
 the decision of Chief Justice. Taney, in the Dred Scott case : 
 
 " It is difficult at this day to realize the state of public opinion in relation 
 to that unfortunate race, which prevailed in the civilized and enlightened por- 
 tions of the world at the time of the Declaration of Independence, and when 
 the Constitution of the United States was framed and adopted. But the public 
 history of every European nation displays it, in a manner too plain to be mis- 
 taken. 
 
 " They had, for more than a century before, been regarded as beings of an 
 inferior order, and altogether uniit to associate with the white race, either in 
 social or political relations; and so far inferior that they had no rights the white 
 man was bound to respect." 
 
 Now, sir, in connection with that, I read from an opinion delivered in 
 the same case, by Justice Curtis; and I submit that both gentlemen were 
 intelligent, both wise, both should have understood the history of their 
 country. 
 
 " To determine whether any free persons, descended from Africans held in 
 slavery, were citizens of the United States under the Confederation, and con- 
 sequently at the time of the adoption of the Constitution of the United States, 
 it is only necessary to know whether such persons were citizens of either of 
 the States under the Confederation, at the time of the adoption of the Consti- 
 tution. 
 
 "Of this, there can be no doubt. At the time of the ratification of the 
 Articles of Confederation, all free native-born inhabitants of the States of New 
 Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though 
 descended from African slaves, were not only citizens of those States, but such 
 of them as had the other necessary qualifications possessed the franchise of 
 electors, on equal ternis with other citizens.'' 
 
 It will be remembered that in. the decision of Judge Taney he denied 
 the Constitutionality of the Act of Congress, the power and authority 
 of Congress over the Territories. A gentleman then sitting upon the 
 bench. Justice Catron, who was disposed to agree with the Chief Justice, 
 as far as his decision went regarding the case before the court, was forced 
 to enter his protest against the idea that negroes were not citizens of the 
 United States, and, therefore, could be prohibited by Congress from en- 
 tering the Territories of the United States. Justice Catron says : 
 
 27 - ( 417 ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Thursday, 
 
 Pinal Adjournment.— GENERAL DEBATE. 
 
 " It is due to myself to say, that it is asking much of a judge, who has for 
 nearly twenty years been exercising jurisdiction from the western Missouri 
 line to the Eocky Mountains, and, on^this understanding of the Constitution, 
 inflicting the extreme penalty of death for crimes committed where the direct 
 legislation of Congress was the only rule, to agree that he had all the while 
 been acting in mistake, and as an usurper." 
 
 And he might have added, that that decision made a Judge of the Su- 
 preme Court of the United States an illegal homicide, a murderer. 
 
 The question was taken upon the adoption of the substitute ; and it was 
 decided in the affirmative, Yeas 41, 'Sa.ya 18, as follows : 
 
 Teas : Messrs. Belden, Bell, Brashear, Coates, Dale, Evans, Exon, Gray of 
 Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges of Pu- 
 laski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, 
 Misner, .Millsaps, Montgomery, Murphy, McClure, Oliver, Priddy, Rawlings, 
 Eector, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, White, Williams, 
 Wyatt, and the President — 41. 
 
 Nays : Messrs. Beasley, Bradley, Duvall, Hicks, Hoge, Kyle, Matthews, Moore, 
 Norman, Oliver, Portis, Puntney, Reynolds, Shoppach, Van Hook, Walker, Wil- 
 son, and Wright — 18. 
 
 So the substitute was adopted. 
 
 Pending the call of the roll : 
 
 Mr. KYLE (when his name was called) said : I vote ISTo, upon this ques- 
 tion. I wish to state, however, that, when the proper time shall come, if 
 I shall think there is any exigency that may require the reassembling of 
 the Convention, I shall feel that I have the privilege of voting in favor of 
 such action. 
 
 Mr. BROOKS. I would desire to know whether the honorable gentle- 
 man from Dallas desires that explanation recorded with the vote. 
 
 Mr. KYLE. K'o ; I want my vote understood, however. 
 
 The vote was then announced, as above. 
 
 Mr. BROOKS. I move to reconsider the vote, and to lay the motion to 
 reconsider, upon the table. 
 
 Mr. HINKLE. I move that we adjourn. 
 
 Mr. BROOKS. I submit that a motion to adjourn is not in order when 
 a motion is pending. 
 
 Mr. HODGES. I move a call of the house. 
 
 The PRESIDENT. The Sergeant at Arms will secure the doors, and 
 see that no member passes out. 
 
 Mr. REYNOLDS [in his seat.-] The call of the house has not been 
 ordered, yet. 
 (418 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTION^AL CONYBNTIOlSr. [19th Day. 
 Knal Adjournment.— GENERAL DEBATE. 
 
 The PRESIDEJSTT. The roll will be called. 
 
 The SECRETARY commenced the call of the roll. When two names 
 had been called: ^ 
 
 Mr. BEASLEY, rising by consent, said : I think we had better ad- 
 journ. I cannot vote for a measure that I think is wrong ; and I will not 
 do it. 
 " The PRESIDEISTT. Gentlemen in favor of the motion will say Aye.— 
 
 Mr. HENKLE. I withdraw my motion to adjourn. 
 
 Mr. REYJS'OLDS. I renew the motion. 
 
 The PRESIDENT. The Chair is stating the question before the Con- 
 vention. The question is on the motion of the gentleman from Phillips 
 [Mr. Brooks.] 
 
 Mr. REYNOLDS. Does the Chair decide that the motion to adjourn is 
 not in order ? 
 
 The PRESIDENT. The roll is being called : during the calling of the 
 roll, no motion can be entertained. 
 
 Mr. REYNOLDS. I rise to a point of order. A motion to adjourn is 
 in order at any time. If the decision of the Chair is otherwise, I appeal 
 from the decision. 
 
 The PRESIDENT. The gentleman is correct in his position. The 
 question before the Convention will be upon the motion to adjourn. 
 
 Mr. REYNOLDS. Upon that motion, I call for the yeas and nays. 
 
 Mr. McCLURE. I rise to a point of order : that during the call of the 
 house a motion to adjourn is not in order. 
 
 The PRESIDENT. The point is not well taken. 
 
 The yeas and nays are called for. Let the call of the roll proceed. 
 
 The SECRETARY proceeded to call the roll on the motion to adjourn; 
 and the question was decided in the negative, — Yeas 20, Nays 41, as fol- 
 lows : 
 
 Yeas : Messrs. Beasley, Bradley, Corbel!, Cypert, Hicks, Hoge, Houghton, 
 Matthews, Moore, Norman, Owen, Portia, Puntney, Eawlings, Eeynolds, Shop- 
 pach, "Van Hook, Walker, Wilson, and Wright — 20. 
 
 Nats: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges 
 of Pulaski, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Merrick, 
 Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Priddy, Eector, Sams, 
 Samuels, Sarber, Scott, Sims, Smith, Snyder, White, Williams, Wyatt, and the 
 President — 41. 
 
 So the Convention refused to adjourn. 
 
 Mr. HODGES, of Pulaski, withdrew his motion for a call of the house. 
 Mr. CYPERT. I move that the Convention take a recess until three 
 o'clock this afternoon ; and on that motion I ask for the yeas and nays. 
 
 (419 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Thursday, 
 
 Final Adjournment.— GENERAL DEBATE. 
 
 Mr. BEOOKS. I wish to say, that we can go hungry just as long as any 
 men in this market. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 15, 
 Nays 46, as follows^: 
 
 Yeas : Messrs. Beasley, Bradley, Corbell, Cypert, Hoge, Matthews, Moore, 
 Norman, Owen, Puntney, Eeynolds, Shoppach, Walker, "Wilson, and Wright 
 —15. 
 
 Nats: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 G-ray of Jeiferson, Grey of Phillips, Hatfield, Hawkins, Hicks, Hinds, Hinkle, 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, 
 Portis, Priddy, Eawlings, Eector, Sams, Samuels, Sarber, Scott, Sims, Smith, 
 Snyder, Van Hook, White, Williams, Wyatt, and the President — 46. 
 
 So the Convention refused to take a recess till three o'clock, p.m. 
 
 Mr. HODGES, of Pulaski, moved that further proceedings under the 
 call of the house be dispensed with. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. MOOEE. I move that the Convention take a recess till seven 
 o'clock ; and on that motion I ask for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the negative, — Yeas 11, 
 Kays 50, as follows : 
 
 Yeas : Messrs. Bradley, Corbell, 'Cypert, Hoge, Matthews, Moore, Norman, 
 Owen, Eeynolds, Shoppach, and Walker — 11. 
 
 Nays : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, 
 Exon, Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hicks, Hinds, 
 Hinkle, Hodges of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, 
 Mallory, Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, McClure,' 
 Oliver, Portis, Priddy, Puntney, Eawlings, Eector, Sams, Samuels, Sarber, 
 Scott, Sims, Smith, Snyder, Van Hook, Wilson, White, Williams, Wright, 
 Wyatt, and the President — 50. 
 
 So the Convention refused to take a recess to seven o'clock. 
 
 Mr. HODGES, of Pulaski, moved the previous question. 
 
 Mr. EEYlSrOLDS moved that the Convention adjourn to ten o'clock of 
 the next morning. 
 
 Mr. SAEBEE moved that the motion to adjourn lie upon the table. 
 
 The PEESIDENT. It is a question, with the Chair, whether a call for 
 the previous question does not cut off the right to move an adjournment. 
 ( 420 ) 
 
Jan. 30th.] AEKANSAS CONSTITUTIONAL CONVENTION. [19th Day. 
 Final Adjournment.— GENERAL DEBATE. . 
 
 Mr. REYNOLDS. If the Chair overrules the former decision of the 
 Chair, I appeal from the decision. Upon the question of appeal, I ask 
 thte yeas and nays. « 
 
 The PRESIDENT. The Chair places the decision principally upon the 
 ground that there seems to he some captiousness displayed by some gen- 
 tlemen, in the matter ; and there seems to be some levity. 
 
 Mr. CYlPERTr I vrill state, in answer to the remarks of the Chair, that 
 ten o'clock is the usual hour of adjournment; and, however captious 
 
 The PRESIDENT. The yeas and nays will be called. The question 
 is, — Shall the decision of the Chair he sustained? 
 
 The question was taken, afld it was decided in the affirmative, — Yeas 47, 
 Nays 12, as follows : 
 
 Yeas : Messrs. Balden, Bell, Brashear, Brooks, Coates, Dale, Evans, Bxon, 
 Gray of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hicks, Hinds, Hinkle, 
 Hodges o^ Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, 
 Portis, Priddy, Puntney, Eawlings, Eector, Samuels, Sams, Sarber, Scott, Sims, 
 Smith, Snyder, Van Hook, Wilson, White, Williams, and Wyatt — 47. 
 
 Nats: Messrs. Beasley, Bradley, Corbell, Cypert, Hoge, Moore, Norman, 
 Owen, Eeynolds, Shoppaeh, Walker, and Wright — 12. 
 
 So the decision of the Chair was sustained. 
 
 Pending the call of the roll : 
 
 Mr. BROOKS said : I understand the decision of the Chair to be upon 
 this case : the previous question having been moved and seconded, and 
 being put to the Convention, a member rises, during the putting of the 
 question, and offers a motion to adjourn. 
 
 The PRESIDENT. That is the state of the question. 
 
 Mr. BROOKS. I hold that an honorable member must secure the .floor 
 in a regular way, before he can make a motion to adjourn. 
 
 The PRESIDENT. Let the call of the roll proceed. 
 
 Mr. CYPERT. When the President allows of one explanation 
 
 The PRESIDENT. The gentleman's remarks are out of order. 
 
 Mr. HICKS (when his name was called) said : I do not care how quickly 
 the Convention puts itself on record on this question 
 
 The PRESIDENT. The gentleman will come to order. 
 
 Mr. MATTHEWS (when his name was called) said : I ask to be excused 
 from voting. I have not a copy of the Rules, to which to refer. 
 
 No objection being made, 
 
 Mr. MATTHEWS was excused from voting.* 
 
 * The Reporter understood objection to be made, and Mr. Matthews thereupon to vote 
 No. The record of the vote is, as in all cases, taken from the Journal. 
 
 (421 ) 
 
18ff8.] DEBATES AND PROCEEDINGS OF THE [Friday, 
 
 • Pinal Adjournment.— GENERAL DEBATE. 
 
 Mr. 8ARBER. As I am equally desirous- witli the gentleman from 
 Prairie [Mr. Hicks] of putting myself upon the record, I vote Aye. 
 The vote was then announced, as above. 
 
 The question was then taken, — Shall the main question be now put; and 
 the Convention ordered the main question to be put. 
 
 The question recurring upon the motion to reconsider.the vote by which 
 the Convention adopted the substitute offered by Mr. Hodges, of Pulaski, 
 and to lay upon the table the motion to reconsider, and 
 
 The PRESIDENT announcing the question, 
 
 Mr. MATTHEWS asked: Is a motion to amend in order? 
 
 The PRESIDENT. Not while the vote is being taken. 
 
 Mr. MOORE. I wish, to ask, what is the object of this motion ? Is it to 
 rivet the matter, and preclude us from considering it on another day ? 
 
 Mr. BROOKS. I will very cheerfully answer the gentleman's question. 
 
 The PRESIDENT. The Chair will not submit to these interruptions 
 any longer. The Chair desires it to be distinctly understood that when 
 the Chair is putting the question, he wishes gentlemen to keep their seats. 
 
 The question was then taken ; and the motion was agreed to. 
 
 Mr. HODGES, of Pulaski, moved that the Convention adjourn to ten 
 o'clock, A. M., of the morrow. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 1, p.m., the Convention adjourned to 10, a.m., of 
 Friday, January 31st. 
 
 TWENTIETH DAY. 
 
 Friday, January SlsiJ, 1868. 
 Convention met at 10, a.m. 
 
 Prayer was offered by the Chaplain. 
 
 The roll was called ; and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips^ 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski^ 
 Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Mat- 
 thews, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, MoCIure, 
 { 422 ) 
 
Jan. 31st.J AEKANSAS CONSTITUTIONAL CONVENTION. [20tli Day. 
 Final Adjournment— HODGES of Pulaski— HICKS— BEOOKS—McCLTJRE. 
 
 Moore, Norman, Oliver, Owen, Poole, Portis,Priddy, Puntney, Eawlings, Eector, 
 Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Smith, Snyder, 
 Sims, Van Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the 
 President. 
 Absent by Leave: Mr. Hodges of Crittenden. 
 
 A quorum of the members of the Convention having answered to their 
 names: 
 
 FINAL ADJOURNMENT — AGAIN.. 
 
 The Journal of the pi-eceding day was read. 
 
 Mr. HODGES, of Pulaski. I suppose there could be no objection to the 
 insertion of the word " finally," in the Journal, in the substitute oifered 
 by myself, on yesterday. If there is no objection, I would like to have 
 the resolution so altered. 
 
 Mr. HICKS. I object. 
 
 Mr. BROOKS. I suppose it is a mere clerical error, which, in the pro- 
 ceedings of any deliberative body, may be corrected. I think that is well 
 established. 
 
 Mr. CYPERT. I think it is clearly understood, as a general thing, what 
 was meant. I clearly understood it; and I suppose gentlemen all did. I 
 am willing that the amendment should be made; and suppose the point 
 is raised only for a little amusement. 
 
 Mr. HICKS said that the gentleman from Phillips [Mr. Bkooks] had 
 moved a reconsideration of the vote by which the resolution was adopted, 
 and, in the same breath, moved to lay upon the table the motion to re- 
 consider. This was done for the express purpose of clinching the matter, 
 and putting it out of the power of the Convention, to modify its action. 
 He had so voted, with the majority; and he did not suppose himself any 
 more astute than any other gentleman. Let the Convention abide by its 
 action. 
 
 The PRESIDENT. The Convention seems to understand the matter. 
 The members are all here this morning. 
 
 Mr. HICKS. I do not object to correcting the minutes; but I object to 
 the correction of a resolution passed by the Convention — to a change of 
 phraseology, after the resolution becomes the law. 
 
 The PRESIDENT. The Chair understands the gentleman to object. 
 The question will be, whether the Convention will allow the correction of 
 the minutes. 
 
 Mr. McCLURE. If there was a clerical error, it can be easily corrected. 
 I agree with the gentleman from Prairie [Mr. Hicks], that if the word was 
 left out intentionally, or otherwise than by evident inadvertence, the alter- 
 ation cannot be made. 
 
 ( 42.3 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday, 
 
 Memorial to Congress, for Bebuilding of Levees. 
 
 But the simple subsequent action of the Convention, in adjoarning to 
 ten o'clock this morning, is all that is necessary ; and if from this time 
 on, the Convention shall adjourn to a specific hour, there is no correction of 
 the Journal necessary. When the (Convention adjourns subject to the call 
 of the President, it will say nothing about the time. It adjourns to ten 
 o'clock; and when we do not adjourn to ten o'clock, we adjourn subject 
 to the call of the President. 
 
 The question was taken; and, upon division, the motion was agreed to. 
 So the Convention allowed the minutes to be so corrected that the (sub- 
 stitute) resolution, adopted by the Convention, read as follows : 
 
 Resolved : That when the Convention finally adjourns it shall be at the call . 
 of the President, whose duty it shall be to convoke the Convention in case the 
 Constitution shall not be ratified, for the purpose of taking such steps as may 
 be necessary, for the formation of civil government for the State of Arkansas. 
 He shall also, in that case, call upon the proper oflicer of the State to cause 
 elections to be held, to fill any vacancies that may exist in the Convention. 
 
 REBUILDING OF LEVEES — AGAIN. 
 
 No petitions being presented, and 
 Reports of Standing Committees being in order : 
 Mr. HLNDS, from the Committee on Memorials and Ordinances, re- 
 ported the following 
 
 ft 
 
 MEMOEIAL TO CONGRESS, FOR THE REBUILDING OP LEVEES ON THE 
 MISSISSIPPI AND ARKANSAS RIVERS. 
 
 To the Honorable the Senate and House of Representatives in Congress assembled: 
 
 Tour memorialists, the Constitutional Convention of the State of Arkansas, 
 respectfully represent that the Mississippi and Arkansas Eivers, during the 
 season, inundata the lands along their course, rendering a vast extent of 
 country almost entirely useless and valueless for purposes of agriculture, but 
 which, otherwise, would be as productive as any lands in the world. 
 
 That by the appropriation and proper outlay of three million nine hundred 
 thousand dollars, the levees along the Mississippi and Arkansas Eivers, in the 
 States of Arkansas, Mississippi, and Louisiana, could be rebuilt ; thus effectu- 
 ally preventing inundation, and rendering valuable and susceptible of cultiva- 
 tion the entire region lying along the same. 
 
 The cotton crop of 1860, grown in that portion of the alluvial region above 
 the mouth of Eed Eiver, and where it is proposed to make the repairs, exceeded 
 six hundred thousand bales, which, at the present average price, would pro- 
 duce thirty million dollars. 
 
 The sugar crop of 1860, grown in that portion of the alluvial region below 
 the mouth of the Eed Eiver, and where it is proposed to make the repairs, 
 ( 424 ) 
 
Jan. 3l8t.] AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day. 
 Kebuilding of Levees.— SNYDER— CYPEET. 
 
 amounted to two hundred and forty thousand hogsheads, with the addition of 
 three hundred and seventeen thousand barrels of molasses, which, at present 
 prices, would produce fifty million dollars. A tax of twenty-five cents per acre 
 on the lands to be benefited by the proposed levees, would, it is estimated, pay 
 the incurred expense, and the future value of the property be quadrupled. 
 
 The tax could, to render it secure, be declared a preferred lien on all prop- 
 erty on which it might be levied. 
 
 Tour memorialists would further represent that thousands of laborers are 
 now needing employment, and that their labor could be used in this work with 
 great advantage to the country; though nothing but National co-operation could 
 accomplish it. 
 
 Your memorialists therefore ask that an appropriation of three million nine 
 hundred thousand dollars may be made for the rebuilding of the levees in the 
 States of Arkansas, Mississippi, and Louisiana. 
 
 James Hinds, 
 
 Chairman. 
 
 Mr. SNYDER moved that the Memorial be adopted. 
 ' Mr. CYPERT. I am willing to ask Congress to do anything that is 
 ■within their legitimate sphere. As an individual, or as a member of a 
 public body of any kind, I would willingly petition Congress to do any 
 act that would be for the good of the country, — with the proviso that I 
 have made. • But, sir, to ask Congress to specifically create a lien upon 
 the property of individuals, for the purpose of carrying out a National 
 measure, it occurs to me would be asking a stretch of their power. 
 This Memorial asks Congress to levy a tax, specifically, of twenty-five 
 cents per acre, regardless of the ownership of the land; thereby making 
 the tax, therein specifically laid, a specific lien to reimburse the Govern- 
 ment for the money laid out. I presume there is no lawyer that would 
 contend, for one moment, that any legislation can mortgage my lands for 
 any particular fund. It is true that the Government would have a right, 
 under the Constitution, to levy a direct tax, and apportion it among the 
 States, upon lauds. But I am of opinion that even in that case they 
 have no right to specifically lay it Upon the acre, but must levy a direct 
 tax, and apportion it among the States, who may collect it in any way 
 they may see fit. That Congress could levy a direct tax upon any par- 
 ticular locality, for the purpose of carrying out a National project, for the 
 improvement of a National thoroughfare, or the benefit of a particular 
 locality, I submit, is beyond their power. If this can be done, no property 
 is safe from being mqrtgaged. And it seems to me the most remarkable 
 proposition I have ever heard, to ask a legislative body to mortgage pri- 
 vate property ! It proposes to force all individuals within certain bounds 
 to have their property mortgaged, and to submit to the lien whether they 
 are willing or not. It is an absolute absurdity; Such a thing is unknown 
 
 ( 425 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Friday, 
 
 Eebuilding of Levees.— CYPEET— HINDS. 
 
 to the history of the country, — such a thing is unknown to law, — that a 
 man can be forced to mortgage his lands, without his own consent. 
 
 Mr. HINDS. The gentleman is mistaken in his assumption as to what is 
 embraced in the Eeport. It is only put forth, in the Report, as a suggestion, 
 that if a tax of twenty-five cents per acre were to be levied upon the 
 lands, it would defray the cost to the Government — that that amount of 
 tax upon the lands benefited, would repay the Government for the ad- 
 vances made. 
 
 This matter has been under advisement. The question has been sub- 
 mitted to Congress heretofore. The Government has sent out an en- 
 gineer, Gen. Humphrey, who has made a report upon the subject. This 
 Memorial is substantially based upon the Report of the Engineer; and if 
 some action can be taken, showing the necessity of co-operation on the 
 part of the General Government, in this work, we may perhaps accom- 
 plish the desired object, the rebuilding of the levees. There is certainly 
 great necessity for it; and in the condition in which the country at present 
 is, it will be impossible for individual effort to accomplish this great work, 
 which is, really, a National one. If one State takes hold of the matter, 
 without the concurrence of other States, the result would not be as valu- 
 able as if it were the work of the Government, and concurred in by the 
 different States. So far as the repayment of this amount to the General 
 Government, by the States, is concerned, it may be proper and just that 
 it should be effected as suggested by the gentleman from White [Mr. 
 Cypbrt]; and there will be no objections. The statement of the Eeport, 
 that a tax of that amount, levied upon the. lands benefited, would repay 
 the General Government, does not in any way indicate that that is the 
 course to be pursued. It does not even recommend that. There is no 
 doubt that the statement is correct. For the rebuildinff of the levees in 
 these three different States, it is very clear that the amount of tax spoken 
 of, upon the lands to be benefited, would be sufficient to repay the sum 
 asked for. 
 
 Mr. CYPERT. I wish to call the gentleman's attention to the section 
 I have referred to. 
 
 "A tax of twenty-five cents per acre on the lands to be benefited by the 
 proposed levees, would, it is estiftiated, pay the incurred expense, and the 
 future value of the property be quadrupled. 
 
 " The tax could, to render it secure, be declared a preferred lien on all prop- 
 erty on which it might be levied." 
 
 That is the very point. It suggests our view that that course should 
 be taken. I would not Uke to suggest a thing that would be illegal. 
 
 Mr. HESTDS. Th^re is no question that this proposition appeals to the 
 justice and sense of right of every party. The party is to be benefited, 
 { 426 ) 
 
Jan. 31st.] AEKANSAS CONSTlTUTIOlSrAL CONYBNTIOlSr. [20th Day. 
 Continuance of Freedmen's Bureau. 
 
 the holders of the lands to be benefited are the ones that should pay 
 the expense. If they are benefited to the amount of four times the sum 
 appropriated by the General Government, they can well afford to pay one- 
 fourth the amount of their gain, and have it declared a preferred lien upon 
 the lands ; and I cannot see why gentlemen should object to it. 
 
 Mr. CYPERT. The gentleman does not seem, yet, to apprehend my 
 view of the matter. I admit that if the individuals owning this property 
 would consent to a contract of that kind, and create their individual liens, 
 they could borrow the money from the United States, and mortgage their 
 lands so as to make a specific lien. But we are suggesting to Congress 
 this plan, which cannot be eff"ected without the consent of the owners. If 
 the Report suggested that a company be formed for the purpose proposed, 
 and that each individual owning land to be benefited, might contract to 
 pay twenty-five per cent, on the improved value of his lands, that would 
 be well enough; but I continue to insist that there must be consent upon 
 the part of the owner of the land, before a specific lien can be created. 
 The Memorial suggests that this can be done; I suggest that it cannot be 
 done, in accordance with any law known to our Government. 
 
 Mr. MONTGOMERY called for the reading of the Memorial. 
 
 The SECRETARY re-read the Memorial. 
 
 The question was taken upon the motion for the adoption of the Re- 
 port; and, a division being called for, the motion was agreed to, — Ayes 
 26, ISToes 17. 
 
 CONTINUANCE OF THE FRBEDMEN S BUREAU — AGAIN. 
 
 Reports of select committees being in order, 
 
 Mr. SCOTT, on behalf of the Committee, presented the following 
 
 BEPOKT OF COMMITTEE TO DRAFT A MEMORIAL TO CONGRESS, FOR 
 CONTINUANCE OF THE FREEDMEN'S BUREAU. 
 
 Your Committee appointed to draft a memorial to Congress for the continu- 
 ance of the Freedmen's Bureau, beg leave to report the following memorial 
 and resolution : 
 
 The condition of the Freedmen's Bureau of the State was never before more 
 insecure; for the following reasons, to wit : 
 
 Ist. In the contest for the right of the ballot, the freedmen have incurred 
 the malignity and hatred of many of the citizens of the State, who are using 
 every conceivable means to reduce them to dependence and want, thereby 
 reducing them to virtual slavery. 
 
 2d. Freedmen cannot obtain justice in the Courts of ?aany sections Of the 
 State, in consequence of the prejudice incurred against them in their attempts 
 to exercise the rights of citizens. 
 
 ( 42t ) 
 
1868.] DEBATES AND PEOOEEDINGS OF THE [Friday, 
 
 Continuance of Freedmen's Bureau.— KYLE— DUVALL—MONTGOMEET. 
 
 Resolved, therefore : That Congress is hereby petitioned to continue the 
 Freedmen's Bureau until reconstruction is accomplished. 
 
 GrEORQE S. SCOTT, 
 Chairman Committee. 
 
 Mr. KYLE. I have but one objection to that Report. I am not aware 
 that justice has been withheld from thff freedmen, in any portion of the 
 State, in the courts of justice. I have heard of no instance of the kind, in 
 the courts; and hence I do not concur in that portion of the Report. It 
 may be true, in some localities, that a prejudice has been excited against 
 the freedmen, on account of their exercising the elective franchise. I 
 think it most likely that is the case. 
 
 "With these views, I move to strike out so much of the Report as declares 
 that justice has been denied to freedmen, in the courts. 
 
 Mr. DUVALL. I have one objection to that Report. It states that the 
 freedmen have incurred malignity and hatred, in the exercise of the elec- 
 tive franchise. I do not think that statement correct. The opposition 
 which has been raised to their exercise of the franchise, I do not think to 
 be malignity and hatred to the blacks. - I do not think or believe there is 
 any sensible man, any thinking man, in the State of Arkansas, that pre- 
 tends to blame the colored race for their position to-day. I do not charge 
 them with it ; and I repeat, I am not of the opinion that any sensible or 
 thinking man does so. 
 
 Mr. HODGES, of Pulaski. I call for the yeas and nays, on the motion 
 to strike out. 
 
 Mr. BEASLEY. I am with the gentleman from Dallas [Mr. Kyle], on 
 that subject. I am not apprised of the fact — and, indeed, I can contradict 
 the assertion — that justice before the law has ever been denied the freedmen, 
 in my County. At the same time, I have voted in favor of the continuation 
 of the Freedmen's Bureau, until reconstruction ; and I believe that to be a 
 good measure. I believe it more than likely that the freedmen will not, 
 in all sections — even, to some extent, in my own County, — without some 
 kind of protection, be able to exercise freely the elective franchise. But 
 that justice before the law, in the way of obtaining their rights in matters 
 of contract, and so on, has been refused them, I deny, so far as my County 
 is concerned. 
 
 Mr. MONTGOMERY. I am here as one who can personally bear wit- 
 ness to the truth of the statement contained in the Memorial. I am one 
 who does know that in certain portions of this State, justice is denied to 
 the colored man, merely because he has voted the Radical ticket. I hope 
 that the motion to strike out that statement, will not prevail. I have 
 known cases of the kind, notwithstanding they may be isolated cases. 
 But if the Freedmen's Bureau is withdrawn from protecting the colored 
 people of Arkansas, these cases will undoubtedly be multiplied. Sir, in 
 (428 ) 
 
Jan. 31st.] AEKANSAS COKSTlTUTIOlSrAL COJSTYENTION. [20th Day, 
 Continuance of Preedmen's Bureau.— MONTGOMEEY. 
 
 my County, on the day of election, a colored man rode a mule, in which he 
 shared an equal interest with a white farmer, — he paying half the rent of 
 a farm, and half the hire of the mule. I wrote the contract, myself, and 
 know the facts. The man rode that mule to the election ; and while he 
 was at the election, they waited till they had seen him vote the Radical 
 ticket, and then went before a Justice of the Peace and swore out a war- 
 rant for the sale of that mule. His friends came to me, I made a report 
 to the Freedmen's Bureau. The man who swore out the warrant, and the 
 Justice of the Peace who issued the warrant, were both arrested, as they 
 should have been. And, to-day, that Justice no longer holds office. Such 
 cases as these are frequent in the State of Arkansas; and if the gentleman 
 [Mr. Cypekt] desires individual instances, I can give him half a dozen 
 more of the same kind, 
 
 I am here as an " ex-Negro Agent," and here for the purpose of stating 
 facts that I know, for the purpose of advocating the principles of the 
 Republican Party, and to ask the protection of the Congress of the United 
 States for men whom I represent in this Convention. And I know it to 
 be the fact that in south-western Arkansas, not only the colored men, but 
 the Union men, of the County, are, on account of their principles, denied, 
 justice in the courts. Here is an individual instance. When I was mob- 
 bed on the stree'ts of Washington, — when I had pistols presented at me, — 
 and after that time carried my revolver for the purpose of self-protection, — 
 at the next term of the court I was the only man in Hempstead County, 
 where, at the same time, a hundred and fifty men, carrying concealed 
 weapons, were in the court-house — I was the only man indicted, and 
 brought before a Rebel court, for carrying concealed weapons. This is 
 prejudice; it is injustice; and I am here, for one, to try to place the power 
 of the country, and the power of the courts, in the hands of loyal Union 
 men. 
 
 I hope nothing will be stricken out of that Report. It is not expressed 
 as strongly as I would like to see it. I care not what they call me. I 
 know what justice is. I have had practice in the civil courts of the 
 country, in four of these United States, since 1854; and I have a right to 
 know in what justice consists. You see this want of justice in more of 
 our courts than one, sir. A man was charged with having stolen some 
 hens and chickens, /twenty-two in number; and the only testimony, in 
 that case, which was tried before Judge Bearden, was, that a certain man 
 told a woman who owned the chickens, that her chickens were gone, and 
 he didn't know the chickens ; while the woman herself was not in court 
 to testify ! What kind of testimony is that, to send a man to the Peni- 
 tentiary ? What was the purpose ? It was, to get the man in the Peni- 
 tentiary in order that others might obtain his property. That is the 
 course of matters in our courts. I am opposed to having the Freedmen's 
 
 ( 429 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau.— MONTGOMERY— BE ASLiET— MOORE. 
 
 Bureau abolished, until the power of the country shall be placed in the 
 hands of Union men, so that there may be justice for both parties. I am 
 not prejudiced. I can stand here and give justice to any gentleman, no 
 matter what his political opinions. But I desire that no man shall be 
 convicted of crime but upon competent testimony. 
 
 Mr. BEASLEY. I wish to correct myself before the Convention. I am 
 in favor of the continuance of the Bureau, but not upon a false basis. I 
 believe the Bureau to be essentially necessary; I believe it to have been 
 a blessing to both white and black in the State of Arkansas. But, so far 
 as Columbia County is concerned, I am not willing to indorse its continu- 
 ance by basing our plea for its continuance upon the bare fact that the 
 people will not do the black man justice. I therefore wish to strike out 
 that portion of the Report. The people of Columbia County are appar- 
 ently anxious to secure the rights of the black man, before the law; for, 
 as far as I find, all parties are anxious to get him into law, and get his ] 
 money out of him. [Laughter.] But on the suffrage question, they 
 entertain great prejudice against the blacks, voting, and on that ground I 
 believe it will be necessary, in order to^ secure to the colored people the 
 iree exercise of the elective franchise, to have the Bureau continued. 
 
 Mr. MOORE. I am not here for precisely the same purpose as the gen- 
 tleman from Hempstead [Mr. Montgombky.] I am not here for the pur- 
 pose of representing the interest of any party, the Radical or the Con- 
 servative. I have, I think, a higher and nobler object than that, in being 
 here. I am here to do my duty, as I understand it. I am here for the 
 purpose of acting in obedience to the solemn obligation that you admin- 
 istered to me from that stand, that I would obey the Constitution of the 
 United States, and demean myself faithfully as a delegate to this Conven- 
 tion. I am here for no other purpose. I do not come to subserve party. 
 Nor do I think tha't any other gentleman, that is honest at heart, ought 
 to come here to subserve the interests of a party. 
 
 I think the gentleman misunderstood the motion of the gentleman from 
 Dallas [Mr. Kyle], or he would not have made the long and boisterous 
 discourse you have just heard, in vindication of " class legislation." I would 
 be willing, to-day, to continue the Ereedmen's Bureau ad infinitum, but 
 for the fact that I believe, and in the presence of this assembly assert, 
 that there was never a greater curse heaped upon the unfortunate freed- 
 men, than that same Ereedmen's Bureau. I believe, and assert it boldly, 
 without the fear of successful contradiction, that they have been robbed of 
 their rights— of their " dear-bought rights," as they are termed on the 
 othe? side of this house, by Agents of the Ereedmen's Bureau. It is sus- 
 ceptible of certain proof, that in my County [Ashley] one of these Agents 
 did defraud a certain plantation out of fifteen bales of cotton,— that he 
 took the cotton, shipped it, and the negroes never received a solitary dol- 
 
 ( 430 ) 
 
Jan. Slst.J AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day, 
 Continuance of Freedmen's Bureau. — MOOEE. 
 
 lar. I say that can be proved in this City, and by the General command- 
 ing the Sub-District of Arkansas. That is one instance. I have only to 
 travel in Chicot County, represented, on this floor, by a colored gentle- 
 man [Mr. Mason], and I can prove that there, too, frauds were perpetrated 
 by the Agent of the Freedmen's Bureau. I repeat, that I would be wil- 
 ling to continue the institution, but that it is a curse to the colored man. 
 
 But the gentleman descends to questions of little chickens, and shows, 
 fully, the position he occupies in that matter. Little chickens !— a small 
 matter, sir ! The whole tenor of the gentleman's speech was such as to 
 show you just -where he stood, — that he represented, not the interest of 
 his County, but only of a portion of the County, — that he came here only 
 to represent a certain class of the people of Hempstead. I come here to 
 represent all the people of Ashley County, I care not how black the 
 man may be, I care not in how abject slavery he may once have lived, I 
 care not how degraded may once have been his position in my County, 
 about which you have heard so much,— where, it is said, neither Union 
 man nor freedman can get justice. I beg to say, sir, that our County 
 Court is presided over by a Judge of the gentleman's own party ; and the 
 freedmen do get justice. I say, too, that the Freedmen's Bureau is the 
 greatest curse ever inflicted upon the black man, except that of removing 
 him from his former condition. [Laughter and ironical cheers.] I say 
 that twenty years from to-day will prove the assertion I make, — that the 
 Freedmen's Bureau has been a curse to the freedmen, ever since it has 
 been established. It is a curse in my section of the country, and in 
 others. 
 
 The gentleman tells you that freedmen are denied justice in the courts, 
 because they vote the Radical ticket. Pie informs us that the Justice of 
 the Peace who issued the warrant, in the case which he mentions, acts as 
 Justice of the Peace no more.* I ask the gentleman, was that magistrate 
 deprived of the right of exercising the functions of his office, by a trial 
 for misdemeanor, or malfeasance in office ? I imagine not^ I imagine 
 not. I imagine that the gentleman would not rise here, before the re- 
 spectable body assembled in this hall, and assert that that Justice was de- 
 prived of his office upon trial and conviction for malfeasance. 
 
 But I am tired — or I would not have obtruded myself upon the Con- 
 vention just now — I am tired of such resolutions as those now before us. 
 We came here for a specific purpose. We did not come here to legislate 
 for Arkansas. We came under the Reconstruction Laws. Those laws 
 clearly define the office we are to perform. We are engulphing the State 
 in ruin. We have no more right or authority to legislate for the people 
 of Arkansas, than for the angels in heaven. Our duty is a specific one. 
 It is clearly marked out. There is a sign-board, so clearly pointing out 
 our functions, that the wayfaring man, though a fool, cannot err therein. 
 
 ( 431 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau.— MOORE— MONTGOMEKT— WILSON. 
 
 Yet we are here spending the hard-earned dollars of the people, when we 
 should perform our prescribed duty, and go home. 
 
 IsTor is this all. We hear of distress, all over the country. This Conven- 
 tion has been in Committee of the Whole on the subject of relief for the 
 poor of the State. It has been said it was right for us to thrust our hands into 
 the public treasury, and draw out greenbacks for the relief of the distress of 
 the country. Will not the condition of the country be more distressing 
 still, if we continue to sit here and spend all the money of the treasury ? 
 We cannot stay here without pay to meet our expenses. Great God ! will 
 this ever end? Is it not probable that it will continue until May or June? 
 Look at the discussion of yesterday, — of the day before : — and at the final 
 close of this discussion, what conclusion do you reach ? There is already 
 enough legislation laid out, here, to take up two or three months, and 
 nothing done toward the accomplishment of the object for which we came. 
 I do hope we will end this kind of procedure, and pass on to our legiti- 
 mate duties. I am tired of this " class legislation," of which we hear so 
 much, every day, from the other side of the house. If this is not class 
 legislation, I do not know what class legislation is. 
 
 Mr. MONTGOMERY endeavored-to obtain the floor. 
 
 The PRESIDENT. The gentleman has spoken; and is not again en- 
 titled to the floor if any other gentleman wishes to speak. 
 
 Mr. WILSON. I do not mean to make any speech on this occasion. I 
 cannot approve of the position occupied by the gentleman on the other 
 side of the hall [Mr. Montgombky.] I do not think he is assuming the 
 part of a peacemaker. I again ask the Convention to proceed to the 
 performance of their proper duties, and to be in earnest about it. I am 
 tired, and fairly tired, of such proceedings as those in which we are in- 
 volving ourselves. 
 
 The gentleman from Ashley [Mr. Moore} says he did not come here for 
 certain purposes. Neither did I come here for any such purpose. We 
 know what he was elected here for. We know what the party that elected 
 him sent him here for. He was elected against convention, and against 
 reconstruction upon the Congressional plan. That is a plain case. The 
 party convention down the street settled that question, again, the other 
 day — that is a matter that is settled. [Laughter and applause.] But we are 
 not here to squander time unnecessarily. I regret that the statement im- 
 mediately under discussion was set forth in that Report. I regret the 
 entering upon record, here, of anything that is inflammatory. If the Re- 
 port had been drawn up, in terms strong enough to present the case as it 
 stands, we could, without such reflections as these, have respectfully peti- 
 tioned Congress for the continuance of the Bureau. Every one that knows 
 the history of the country, knows that there are great and good men with 
 all parties. There is honesty and virtue on both sides. I am perfectly 
 ( 432 ) 
 
Jan. Slst.J AEKAKSAS COJSTSTITUTIOlSrAL CONVENTIOlir. [20th Day. 
 Continuance of Freedmen'a Bureau.— MASON— HODGES of Pulaski— MOOEE. 
 
 tired of this crimination and recrimination. Let us go forward, in a con- 
 servative spirit, to the performance of the task before us. I have no ob- 
 jection to the continuance of the Freedmen's Bureau. I know many 
 gentlemen who get most of their living by pleading, in the courts, for 
 negroes, and filling their own pockets. We all know what kind of justice 
 negroes get at law. The lawyer gets the fee; and the negro pays the costs, 
 or goes to jail, as the case may be. The lawyers tell us they are the negro's 
 friends. I like a dollar as well as anybody, but I prefer to get my dollars 
 in some other way. 
 
 Mr. MASON offered, as an amendment to the resolution presented in 
 the Report, the following resolution : 
 
 Resolved: That Congress is hereby requested to instruct General Howard, 
 Chief of the Freedmen's Bureau, to officer it with more holiest and efficient 
 men. 
 
 [Laughter and applause on the left] 
 
 Mr. REYNOLDS. I second that amendment. 
 
 Mr. HODGES, of Pulaski. I do not intend to make a speech. I merely 
 wish to say a word in reference to the witty arguments adduced upon this 
 question, by the gentleman from Ashley [Mr. Moorb.J He spoke of de- 
 lays, arid so on, in the proceedings of the Convention. "With reference to 
 the delays of yesterday, I would just ask how it happened that ten votes 
 held this Convention in session for a long time, so as to prevent it from 
 voting upon the main proposition — w]iether the majority, or the minority 
 of which he is a member, was to blame for that delay. 
 
 He has said that in his County, and in some other counties, there have 
 l)een dishonest Bureau agents. We suppose that to be true — we are will- 
 ing to take his word for it ; but supposing it to be true, is that an argu- 
 ment against the existence of a necessity for the Bureau ? We have in- 
 stances in this State, I believe, of judges conducting themselves improperly; 
 and some of them are now under impeacfkment, awaiting trial. Is that a 
 reason for dispensing with circuit judges? And I ask, with equal justice, 
 is it a reason for dispensing with Bureau agents, that there have been some 
 dishonest officers of the Bureau, and that the officer who has had super- 
 vision over them has failed to ascertain the fact, and to discharge them in 
 due time ? ^ 
 
 Mr. MOORE. I wish to make an explanation in regard to what has 
 been said as to the unnecessary consumption of time by this Convention. 
 The gentlemen holds that the ten were the cause of the delay which took 
 place yesterday. All he has to do, to ascertain that the fact is otherwise, 
 is to refer to his very great desire to correct the proceedings of yesterday, 
 against which we were voting. All that is necessary, in order to ascer- 
 tain why we were opposing the proposition yesterday before the Conven- 
 
 28 . ( 433 ) 
 
1868.] DEBATES AKD PEOCBBDmGS OP THE [Friday^ 
 
 Continuance of Freedmen's Bureau.— MOOEE— HODGES of Pulaski— CTPEET. 
 
 tion, is to advert to the fact that he comes here to-day and endeavors to 
 correct the very action against which we were voting. He has no right 
 to say that if he had put the proposition in a tangible and intelligent form, 
 we would have voted against it. It was the odious light in which the 
 matter was presented to the Convention, which occasioned our opposition. 
 
 Mr. HODGES. I am happy to hear that the opposition was only upon 
 the simple question of words. I had supposed the gentlemen opposed the 
 proposition from principle, and not merely on account of the phraseology. 
 
 JSlr. MOORE. "Odious" was my word. 
 
 Mr. HODGES. It appears that this Eeport sets forth facts that exist 
 only in certain parts of the State. What Congress wants to know, is, 
 facts ; and I understand the Committee to be setting forth facts which in dif- 
 ferent parts of the State do exist. It is not necessary, for that purpose, to 
 state these facts as existing in the counties represented by my venerable 
 friend from Dallas [Mr. Kyle], or from Columbia [Mr. Beasley.] But 
 in regard to Phillips, Pulaski, Prairie, and other counties, it may be nec- 
 essary to state the facts as existing. Perhaps, in those counties, they have 
 had honest Bureau Agents. And I appeal to the gentleman whether even 
 white people did not, in the spi'ing of last year, get help from the Bureau. 
 But for the provisions distributed by that agency, would there not have 
 been starvation, even, in that portion of our fair State? That is all I have 
 to say upon the subject. 
 
 Mr. CYPERT. I concur, to some extent, with the gentleman from 
 Hempstead [Mr. Montsomery], and to some extent, with the Report. But 
 it fails to present the facts in a manner that I should wish to concur in. 
 I admit that the courts of the country do not mete out justice to all classes. 
 And I admit that if all classes had justice done them, more, of all parties, 
 would board with my friend from Pulaski [Mr. Hodges.] While I would 
 in no way detract from that gentleman's argument, I would like to con- 
 tribute somewhat to his welfare, by contributing to his boarding-house 
 some men, in our country, that deserve the just punishment of their con- 
 duct. It is not altogether from political considerations, however, that 
 they fail to meet justice. It is a misfortune that we all labor under; it is 
 a misfortune of our system of government, it is a misfortune of all gov- 
 ernments, that they cannot always punish criminals. But, sir, I think the 
 gentleman from Hempstead places the reasons of the imperfection of jus- 
 tice upon very different grounds from that warranted by the facts. I do 
 not believe the Bureau Agency to be the means of correcting the errors 
 to which the gentleman has referred; and I place my opposition to it upon 
 different and higher ground than that of any party feeling whatever. I 
 oppose it upon the ground that it has power, if it has any power, to 
 destroy the very foundation of our Government, since it can arrest any 
 man, be he a justice of the peace or a member of the Supreme Bench, and 
 ( 434 ) 
 
Jan. 31st.J AEKANSAS CONSTITUTIONAL CONVBNTIOK. [20th Day. 
 Continuance of Preedmen's Bureau. — CTPEET. 
 
 try him by a military commission — a body responsible neither to law nor 
 to God, if their acts are to be taken as an indication of their responsibility. 
 The gentleman says thait a justice of the peace in his County was impris- 
 oned by the Bureau — for what? For performing his duty under the Con- 
 stitution of the United States. What was his duty in the premises? When 
 a proper affidavit was made before him, that a crime had been committed, 
 it was his sworn duty to issue a warrant. 
 
 A MEMBER \in his seatJ] He was bound to do it. 
 
 Mr. CYPEE.T. Bound to do it. The party swearing out the warrant 
 might have been corrupt; but the Justice did not know that, and when 
 the affidavit is filed before him, he thereupon issues his warrant as of 
 course. For performing the very act which the law required of him, this 
 irresponsible officer arrests him, and deprives him. of his office, without 
 trial ! Is that the kind of institution we wish to perpetuate in our coun- 
 try, — one that strikes at the very foundations of the country ? It is a 
 kind of mongrel, — civil and military ; — I suppose it was got by the Mili- 
 tary, out of the Civil. It was conceived by Congress ; and I suppose Con- 
 gress was ravished by the Military, and that was the result. It is enough 
 to say of it, that it is an institution that seizes, and displaces from the bench, 
 the Judiciary of our State. Why, sir, what was it that that law declared ? 
 — that any judge, or any officer, civil or judicial, preventing the enforce- 
 ment of that Law, should be amenable to arrest, and trial by commission, 
 —or something to that effect. Sir, I oppose the perpetuation of such a 
 system as that, because it is in open violation of a declaration that you 
 now propose to incorporate into the Constitution of the State. In that 
 instrument you propose to incorporate a declaration which says, in effect, 
 that this institution violates every principle of our Government,— when 
 you provide that the trial by jury shall be inviolate, and that no man shall 
 be put upon trial but upon presentment or indictment. Do you ac- 
 complish that, by this Bureau ? Are the prisoners whom it tries, duly 
 indicted ? ISTo, sir ; and mere statements, from any individual, will war- 
 rant the Agent in arresting any person. I believe the gentleman was once 
 a Bureau Agent. I have a fellow-feeling for that class of men. I was once 
 one of that class, myself. But I learned, in that position, different rules 
 from those which the gentleman seems to have learned. I learned that 
 it was my duty to conciliate all the different feelings of the community. 
 It seems the gentleman learned it was his duty to stir up strife, and har- 
 row up the discordant feelings of the community. 
 
 And I must say, right here, that as a class, the freedmen are docile 
 and improvident, but all the evils they have been prompted to do in the 
 South, if they have ever done any, I charge to the bad influence that 
 white men have exerted over them. I say, without fear of successful con- 
 tradiction, that, as a race, they are the most docile, quiet people in the 
 
 (435 ) 
 
1868.] DEBATES AND PEOCBBDIIirGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau.— CYPERT— BRADLEY. 
 
 world. Docility, and improvidence growing out of that docility, are their 
 characteristics. And the source of all the evil they perform, is in the fact 
 that they are docile, and can be easily guided and controlled by the white 
 race. They can be made tools in the hands of bad men. They are mere' 
 clay in the hands of the potter, under the domination of the minds of men 
 of the white race ; and the evils they do, if they do any, are generally 
 prompted by the counsels of evil advisers. 
 
 I place my opposition to the perpetuity of this Bureau, on the grounds 
 that it is unconstitutional, that it is in violation of every principle of our 
 Government, and that it creates a despotic power in our Government, 
 scarcely amenable to any one or anything. Its agents report to General 
 Howard — or somebody, — the great " Gyascutus" of the institution — I do not 
 recollect his name. He appoints his Agents, on the advice of individuals, 
 and knows nothing about them ; and as the gentleman from Chicot [Mr. 
 Mason] has indicated, bad men have been made Agents, and, instead of 
 harmonizing the two races, and allaying all the prejudices of either party, 
 they have stirred up those prejudices, and kept alive the worst passions of 
 men. 1 believe this Freedmen's Bureau, if managed in the proper spirit, 
 affords a means of harmonizing these elements. But it is a deviation 
 from the principles of our Government, and should be ventured on with 
 great care. And because it is a deviation from our ancient landmarks, I 
 oppose it. I wish to adhere to the old principles of our Government. It 
 is because it is in open violation of the declarations of the Bill of Eights, 
 and of the Constitution of the. United States, and because it gives so 
 much power to irresponsible parties, that I oppose it. 
 
 Mr. BEADLEZ. I do not wish to make a speech. I desire only to 
 say that the negroes in my County [Bradley] became very sick of the 
 Freedmen's Bureau. We had an Agency of the Bureau there, the first 
 year after the war ; and the negroes found themselves sold out by it. "We 
 have now had no Agency there for eighteen months or two years. Since 
 we have been without the Bureau, we get along more peaceably and 
 quietly than before. And so far as regards justice, the freedmen can cer- 
 tainly obtain it in that part of the country. They may meet with injus- 
 tice somewhere else— I know nothing about that. But I know that the 
 argument of the gentleman on the other side of the house [Mr. Mont- 
 gomery] is against himself; and it seems to me that his argument is a 
 sufficient one to refute the proposition which he set out to establish. 
 You have it, now, in your power to remove from office all the disloyal 
 magistrates, as you term them ; and the Civil Eights Bills have placed all 
 these matters before the magistrates. As regards the disputes, between 
 the races, which grow out of the crop system, as most of them do, Gen- 
 eral Ord has fixed a law taking the matter out of the hands of magistrates, 
 and giving the negro the right to select one man, the white man another, 
 (436 ) 
 
Jan. Slst.J AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day. 
 Continuance of Freedmen's Bureau.— BKADLET— HODGES of Pulaski. 
 
 and those two a third, for the settlement of the controversy. That plan 
 "has been tried in my County, and is believed, by both races, to aflbrd the 
 best tribunal for the determination of that class of questions. 
 
 If we are to fix, in the Constitution of the State, provisions to protect 
 the civil rights of the negro, and give him a Bureau, we ought to have a 
 Bureau for the white man too. I do not see the necessity, unless the 
 United States Grovernraent has more money than it wants, and needs 
 some chance to spend it. The passion that was burning on the altar of 
 the country's heart, is in great measure burned out. The people are 
 learning that it is necessary for them to be kind to the negro; the negro 
 is learning that it is necessary for him to comply with his contracts; and 
 anything that would tend to interfere with the arrangement of these 
 disputes, would tend seriously to the disadvantage, of both. 
 
 We have, upon the bench, in my own County, a Union man, one who 
 was persecuted, all through the country, for his loyalty; and he does not 
 fail to mete out justice. I do not suppose there are more than one or two 
 disloyal judges in the State, if that number. The negro can and does ob- 
 tain justice; and if he failed to obtain it, there are appellate courts, to 
 which he can take his case up; and there are lawyers, plenty of them, to 
 take up his case without a fee, if the man has no money. I have, since 
 their emancipation, defended many a one, without receiving a cent; and 
 I would defend them as cheerfully without a cent, as if they had a mint 
 of money, provided they come to me in the right way. I believe the tri- 
 bunals of Arkansas are as ready, as a general thing, to mete out justice, as 
 those of any other State or country in the world. 
 
 I can see no necessity 1 beg pardon — I apologize for my whole 
 
 speech — I retract it all. There are not offices enough for all hands, 
 and we must procure a continuance of the Bureau, to aflbrd places. !N"o 
 plant must be transferred from the ISTorth, but must have its place to run; 
 and I think it likely somebody might fail to get his position, if this scheme 
 should fail. — I take it all back. 
 
 Mr. HODGES, of Pulaski. I wish to ask a question of the honorable 
 gentleman from Bradley [Mr. Bradley] : whether he did not, within two 
 months, urge upon Gleneral Smith the necessity of continuing the Bu- 
 reau ? 
 
 Mr. BRADLEY. ISTo, sir — no ! I was requested, by a citizen of my 
 own County, to apply to General Smith for his appointment as Agent of 
 the Bureau. I spoke to General Bennett, last Fall, and asked him if they 
 wanted a Bureau Agent in my section. I did not memorialize or petition. 
 He replied that there were not enough negroes there to make it necessary. 
 I did not urge the matter, at all. I only made the personal application, 
 for an old gentleman, not able to work, and very loyal. He expressed a 
 desire for the position. That is all I had to do with the matter. 
 
 ( 437 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Friday, 
 
 Continuance of Preedmen's Bureau. — GBET. 
 
 Mr. GREY, of Phillips. I am sorry to have to say, that I think the 
 continuance of the Bureau necessary, at least for a time. I am not here 
 to eulogize its officers, or in any way to defend their course. They are 
 sufficiently able to do that for themselves. At the head of the Bureau 
 stands one of the most distinguished Americans of the age. But a reso- 
 lution has been adopted by the House of Representatives of the United 
 States, and sent in the form of a circular, to various quarters, which reads 
 as follows : 
 
 Resolved : That the Committee on Freedmen's Affairs be directed to ascertain 
 what reasons there are, if any, why the Freedmen's Bureau should be con- 
 tinued beyond the time now limited by law, and report by bill or otherwise, 
 with power to send for persons and papers, and examine witnesses under 
 oath. 
 
 The Chairman of that Committee desires information upon the subject 
 of the resolution. The appeals that have, to ray knowledge, come to 
 them, from men of my own race, indicate the fact that there is a lack of 
 justice, somewhere, and that there is some necessity for throwing around 
 this class of the citizens of Arkansas, all the protection we possibly can, until 
 the State shall resunie its relations to the Federal Government, and shine 
 forth in the galaxy of stars, — until the wheels of government shall be put 
 in motion, again, according to the laws of the country, and some means 
 shall be by law established by which the citizens of the State may receive 
 their rights and privileges in the courts of justice. "We certainly need the 
 assistance at present. As I have often remarked, it is not a matter of 
 surprise to me that where prejudices exist, it is beyond the power of 
 mortal man to eradicate those prejudices in a brief period of time. That 
 has been exemplified upon this floor. While gentlemen have expressed 
 the kindest feelings, they have said they believed the organization of the 
 Freedmen's Bureau to be the greatest curse that has been inflicted upon 
 our race, except our emancipation ! I believe there are many honorable 
 exceptions to the prejudices that blind the minds of men in this age of 
 the world ; yet, while such antagonistic feelings still remain in the breasts 
 of the leading men of our country, do you think it would be wrong on our 
 part to ask the Government to continue the only practical means by which 
 we obtain a shadow of justice? I am willing to bear the ills I have, rather 
 than fly to others that I know not of Take away the Freedmen's Bureau, 
 and it is beyond the power of mortal man to predict what would be the 
 consequence. It has been declared by some of the greatest minds in Ar- 
 kansas, that Arkansas is to-day in a state of revolution. Men who differ 
 from me in political opinions dare to declare boldly that Arkansas is still 
 in a state of revolution ; and if that be the case, the helpless, the down- 
 trodden, those who are, as it were, between the upper and the nether 
 (438 ) 
 
Jan. 31et.] AEKANSAS COISrSTITUTIONAL CONVENTION. [20th Day. 
 Continuance of Preedmen's Bureau. — GREY. 
 
 mill-stone, need the assistance of all the power of the Government, to 
 defend them from utter annihilation. To say men can obtain justice 
 while this unsettled state of things continues, is asking us to believe more 
 than, under the circumstances, mortal man can accept. If I could have 
 found, in the history of the world, an instance where men have in a 
 moment given up the prejudice of centuries, interwoven in their very 
 natures, transmitted to them from long generations past, then I might 
 accept these statements, in their full meaning. But under the cix'cum- 
 stances, we must act cautiously, and with regard to our own best interests- 
 As to the Bureau being a benefit to the negroes, it is not only a benefit 
 to us, but to the white people of this country, to the poorer classes of 
 both races. I do not look upon this as class legislation, nor as an attempt 
 to attach any provision to the organic law of the State, but simply as an 
 eflbrt to secure the continuance of a certain state of things until civil 
 government shall be established in Arkansas, and the courts can resume 
 the exercise of their proper functions, — until, in a word, prejudice can 
 give way to reason, — until men, declared by the laws of the United States, 
 and, in some cases, by their own admission, to be in a state of rebellion, 
 shall be so far rid of prejudice as to do us justice as they would to others, 
 under the law. I have always looked upon what is Said of justice under 
 our laws, as a perfect farce. The laws of this country declare that a man 
 shall be entitled to an impartial trial by his peers. Now, to declare that 
 negroes can receive justice in a court, anywhere in this country, JSTorth or 
 South, under present cii'cumstances, is to violate both probability and truth. 
 If these gentlemen would adopt this rule for themselves, govern their own 
 line of conduct by it, and submit to it, I would be willing to submit to it. 
 But the law of England, on which the law of America is based, provides 
 that when a man on trial is a foreigner, the jury shall be de medietaie, in 
 order that he may be afforded an impartial hearing. Show me an instance, 
 in a county represented by any gentleman on this floor, where we have 
 had a fair and impartial trial by a jury of our peers ! We have never 
 had it; and we never will have it until civil government shall have been 
 established upon the firm foundations of justice and truth. For that we 
 contend. As I have before remarked, I have no eulogies of the Freed- 
 men's Bureau to make ; that can protect itself. It is under the charge of 
 white men. I do not complain of them because they do not give me the 
 full meed of justice. How can I expect it? Have they not been raised 
 in prejudice, and taught to believe that I was immeasurably their inferior, 
 and, under the teachings of the Dred Scott decision, that I have no rights 
 which a white man is bound to respect? When they do me impartial 
 justice, — when there is an infinitesimal grain of justice in their decisions, 
 — I am content. I would not impugn the motives of the judge, of the 
 jury, or of the lawyers, — not the least in the world. But, sir, under the 
 
 (439 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Friday, 
 
 Continuance of Preedmen's Bureau. — GEET. 
 
 circumstances, it is impossible that they should do me impartial justice ; 
 it could not be, and more especially could it not be when no protection 
 was thrown around my rights by the law of the land. 
 
 I remarked, sir, a while ago, that the Bureau was beneficial to the white 
 as well as to the colored people; and I believe it is susceptible of proof 
 that in the State of Arkansas alone, three thousand white men and women 
 have been fed upon the charities of Government, and of the Freedmen's 
 Bureau, beside what has been done for the negroes. We have shared 
 together the charities of the Grovernraent. I have stood in court, sir — to 
 refer to ray former idea, — and heard lawyers whom, as I believed, the 
 pride of their profession incited to do their best for the negro, yet who, in 
 their argument, would sneeringly point at the Freedmen's Bureau, and 
 represent their client, who was giving them his hard-earned money to de- 
 fend his case, as the " pet of the Government." ISTo, sir; I do not expect 
 full justice. But I do believe that we may, as the best means of justice 
 we can now obtain, continue the Freedmen's Bureau until civil govern- 
 ment shall be established. "When that shall have been done, I shall be 
 willing to take my chance with the rest. Give me the right of the ballot, 
 by which to hold an influence over men in office, and I am willing to take 
 my chance. E'ot iu'the present disorganized state of the country. I have 
 seen too many instances of the grossest injustice. I have seen it in our 
 own County, where six murders were committed in a single month, where 
 two men were shot down right in the sanctum, sanctorum of justice, in the 
 office of the magistrate, where some fifty men or more stood armed ; and 
 the murderer went out of the office and went about his business ; and men 
 rode twenty-five miles to tell the Bureau Agent that they deplored such 
 conduct ! Under such circumstances, I appeal to your sense of justice, to 
 say if we do not need some protection. If nothing more, the moral influ- 
 ence of the mere fact that the Bureau Agent is abroad in the land, and is 
 the representative of the United States, is something. 
 
 This prejudice to which I have referred, can be annihilated only by time. 
 See what have been the workings of this prejudice of race, among men 
 who stood upon the same platform in point of birth, education, and intel- 
 lect. Look at what Macaulay says of Ireland. 
 
 " When the historian of this troubled reign turns to Ireland, his task be- 
 comes peculiarly difacult and delicate. His steps — to borrow the fine image 
 used on a similar occasion by a Eoman poet — are on the thin crust of ashes, 
 beneath which the lava is still glowing. The seventeenth century has, in that 
 unhappy country, left to the nineteenth a fatal heritage of maUgnant passions. 
 No amnesty for the mutual wrongs inflicted by the Saxon defenders of Lon- 
 donderry, and by the Celtic defenders of Limerick, has ever been granted from 
 the heart by either race." 
 
 ( 440 ) 
 
Jan. 3lBt.J AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day. 
 Continuance of Freedmen's Bureau. — GEET. 
 
 Now, can you, who hold such prejudices among yourselves, expect me 
 to consent to place in the hands of any man or any set of men, for me, all 
 that makes life worth living for ? With all its faults, I desire to retain 
 the Bureau until civil government shall be established. In my own 
 County, I was informed, by a gentleman who acted as a juror, — who seemed 
 by some mistake to have been placed in the jury-box, in a prominent case, — 
 that when the case was submitted, they proposed to him, — " Let us take 
 back a verdict of guilty." "But hold on: is the man guilty?" "0, 
 it doesn't make any difference — it's a nigger — it's a nigger — and it's near 
 dinner-time !" [Laughter.] I remark that that clause of the Report which 
 states that we cannot get justice in the courts, is literally true. I am 
 sorry ; because I believe there are many men exceptions to the general 
 rule. But so long as this state of facts continues, just so long all influ- 
 ences, malignant and otherwise, will be exerted to crush us out, so that 
 we may not exercise our rights and privileges as American citizens. 
 
 Again, there are gentlemen who really believe I have no rights, in this 
 country, that white men are bound to respect. Even they, in our rebel- 
 lious State, I believe, have generous feelings toward us; but gentlemen 
 who quote that dictum as the measure of my right,. and honor that de- 
 cision, must logically proceed to say that I have no right to bring a case 
 in the courts of the United States. How, in the name of God, am I to 
 obtain justice, if I am denied that privilege ? The gentleman's generous 
 feelings go beyond his reason, in that case. He could not carry out his 
 impulses, however generous they might be. 
 
 I claim that freedom, thus far, has not proved a curse to the negro. I 
 claim that the Freedmen's Bureau is not the greatest curse that ever 
 befell the negro. But I do claim, and I go before the congregated world 
 and ask for the verdict, that slavery, in its American type, was the greatest 
 curse ever hatched in Pandemonium, or that was begotten in hell and 
 went forth to afflict mankind. [Applause.] And, not being a prophet 
 or the son of a prophet, I predict that before the time given us, by the 
 gentleman, to return to our normal condition, shall arrive, we will be so 
 far beyond the reach of mortal man, that nothing but the arm of God 
 himself shall be able to take from us these American liberties which we 
 are here, to-day, endeavoring to obtain. We have a right to live, and to 
 enjoy the fruits of life, in the United States. I do not think that to give 
 the right of citizenship to the negro, will hurt the country, in the least. 
 I think I have already, upon this floor, proven that we have been citizens. 
 Congress is not making citizens, — except, perhaps, in the point of increas- 
 ing their numbers. When the Articles of Confederation were adopted — 
 when we passed from under the British yoke,— free men, free-born men, 
 black as well as white, when the shackles fell from their limbs, stood forth 
 clothed with the full rights to which they before were entitled, of BritisK 
 
 (441 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau. — GKET. 
 
 freemen. In that condition, Judge Curtis tells me, in five States of this 
 American Union we voted for that old, time-honored instrument, the Con- 
 stitution of the United States. Talk about making us citizens ! we have 
 been made citizens, sir, not only by that right, not only by the admission 
 of the founders of the American Republic, but by performing the highest 
 duty that the citizen owes to his government, that of bearing arms in its 
 defence, and supporting it in its hour of trouble. Judge Curtis, in his 
 opinion on the citizenship of negroes, says the argument reduces itself to 
 two points, first, the true allegiance of the citizen to the government, and 
 second, protection, by the government, for the citizen. We have paid 
 that allegiance, we have paid it in blood. Upon the soil of the country 
 lie the bones of forty thousand negroes, that have fallen in this great 
 struggle. In the Revolution, we were there. When Jackson fought at 
 New Orleans, we were there ; and it is written, in letters that never will 
 be blurred or blotted out, that General Jackson asked the Congress of the 
 United States to pass a resolution of thanks for our patriotic conduct. 
 Then talk about our not being citizens I The gentleman holds up the 
 Dred Scott decision as the measure of our rights. He says that decision 
 has never been overruled. K"o wonder ! Why not, sir ? It was made 
 for a particular purpose. It was made for the purpose of expatriating us, 
 of driving us out of the protection of the country. That decision cost 
 the contestants seventy-five thousand dollars ; and we have been too poor 
 to pay the expenses of a suit which should result in its reversal. That 
 judgment made a Justice of the Supreme Court a murderer. Judge 
 Catron said that he had sat as a judge in Territories of the United States, 
 in capital cases, sentencing men to death, for twenty years; and could he 
 say the United States had no jurisdiction in the Territories, when the fact 
 of such jurisdiction could alone constitute his authority for sitting upon 
 the bench and pronouncing sentence ? The gentleman can take either 
 horn of the dilemma he pleases. I prefer to say the decision was wrong, 
 and to maintain the honor of the American bench. 
 
 I have before asserted that the Government owes us its protection. In 
 the plenitude of its power, in the fulness of its magnanimity towards the 
 South, three times has that Government made propositions which would 
 have overthrown all my rights and privileges, and cast to the ground all 
 my hopes of future preference. My prospects of citizenship would have 
 vanished like the baseless fabric of a dream, had the people of the South 
 accepted the terms offered them. From these very halls these proposi- 
 tions were kicked out. The Thirteenth Amendment permitted the South 
 to make the negro a voter, and, whenever they would, do with him just 
 what they pleased. Now we have been given the right to assist in the 
 reorganization of the State. IS'or do I thank the Government, specially, 
 ■for doing that. I know the purpose. It was for the purpose of creating, 
 (442 ) 
 
Jan. 3l8t.] AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day. 
 Continuance of Preedmen's Bureau.— GEET— BROOKS. 
 
 at one stroke, a substratum upon which the loyal men of the South could 
 build loyal governments for the States of the South. It was for that, and 
 not for any particular benefit of mine ; but through their necessity for 
 reorganization in the South, I receive my right. And I want every jot 
 and tittle. I want you to pay the bill in full. Give me the right of citi- 
 zenship, give me perfect equality before the law ; I will receipt the bill in 
 full, and ask no more. But until then, I must continue asking for it, till, 
 like the unjust judge, you will be so sorely importuned, that you will have 
 to grant us our rights. 
 
 To return to the question immediately before the Convention. I can- 
 not vote to have the passage stricken from the Report. "While there are 
 many honorable exceptions to the statements of the Report, they are in the 
 main correct. Let these facts go before the Congressional Committee, and 
 let them determine whether or not they will continue the Bureau until 
 civil government shall have been established in this laud. When a civil 
 government shall have been established upon a firm foundation, under the 
 Reconstruction Acts of Congress, recognizing the rights of all men before 
 the law, we can swing loose in the galaxy of stars, and take care of our- 
 selves. 
 
 Mr, McCLURE. I now move the previous question. 
 
 Some question being raised as to the right of the mover of the proposi- 
 tion before the Convention, under the rules, to address the Convention, 
 in conclusion of the debate, 
 
 Mr. BROOKS asked the consent of the Convention to make a personal 
 explanation. 
 
 By unanimous consent, 
 
 Mr. BROOKS proceeded : I find that in the report of yesterday's pro- 
 ceedings, in the Gazette, I am represented as saying that I did not wish 
 my family protected either against the gross African or the lager beer 
 German. I wish to state that I do not suppose I am intentionally 
 reported erroneously. The report is, of course, merely an abridgment. 
 And in the confusion that prevailed in the hall at the time, and with the 
 hurried manner in which I spoke, I can very readily see how I might have 
 been innocently misreported. My own remembrance on the subject is very 
 distinct, as to the precise words employed with reference to the Germans. 
 I followed the train of remarks indicated by my friend on the extreme op- 
 posite side of the hall, the honorable gentleman from Clark [Mr. Lang- 
 lbt], in which he introduced Germans, French, and other nationalities 
 that might with propriety be included in this kind of legislation. In fol- 
 lowing that train of remarks, — as I remember the expression, I spoke 
 thus of the Germans : — I asked no legislation, at any time, to protect my 
 family against gross persons of any class, — a gross negro,. or such persons 
 
 ( 443 ) 
 
1868.] DEBATES AND PEOCBEDmGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau.— BEOOKS—COEBELL— HODGES— GANTT. 
 
 as some gentlemen were accustomed te designate as "lager-beer Dutch." 
 I did not present the language as original. I can simply say, it is a term 
 that I am not accustomed to employ in the most familiar intercourse, 
 anywhere, or at any time. And I certainly intended no indignity to any 
 one, black or white, and merely employed the term as quoting the lan- 
 guage of others, to which I might have added a very forcible adjective 
 very frequently employed by the opponents of Republicanism through the 
 country; but I chose to omit the adjective, and employ the phrase gener- 
 ally employed by those parties, — as it is well known that the German 
 citizens of the country, like the colored citizens of the country, were, 
 almost without exception, true to the country's interests, and faithful to 
 its flag, throughout our great struggle. As those who have been famil- 
 iarly acquainted with me for years past, and my neighbors at the present, 
 as well as when the war broke out, well know, no one can have a more 
 exalted opinion of the political character and private and public virtue of 
 the Germans of the country, than I, unless he has more heart to appre- 
 ciate it. I did not employ those words as original remarks, but as quoting 
 from other parties, and simply for the purpose of making the point, — fol- 
 lowing out the remarks of my friend on the other side of the hall, — that 
 the proposition before us involved the same principle which would be pre- 
 sented in a prohibition of marriage with those of any other race or nation- 
 ality, and that, of course, if we might make a distinction against those 
 called negroes, we might as well make a distinction against those called 
 Yankees, and so forth. 
 
 The vote was then taken upon the call for the previous question ; and 
 the Convention refused to order the main question. 
 
 Mr. COEBELL. I desire to say that, as far as my County [Sevier] is con- 
 cerned, I do not know but the freedmen have always had justice. I am 
 informed that the case has been otherwise in other portions of the State; 
 but I can deny the truth of the statement so far as my own County is con- 
 cerned. 
 
 Mr. G-AISTTT. I do not care to discuss the whole question before the 
 Convention. The debate has taken a wide range. Some allusions, how- 
 ever, have been made, to which I wish briefly to reply. The first fell 
 from the honorable gentleman from Pulaski [Mr. Hodges.] I understood 
 him as intimating, if not charging directly, that injustice was done to 
 freedmen in the County of Prairie. 
 
 Mr. HODGES, of Pulaski. I spoke without any advice, and said, 
 "perhaps." 
 
 Mr. GAISTTT. I am gratified that I misunderstood the gentleman; for 
 I am certain that if injustice has been done the freedmen in that County, 
 ( 444 ) 
 
Jan. 31st.] ARKANSAS CONSTITUTIONAL CONVENTION. [20th Da}'. 
 Continuance of Freedmen's Bureau.— &ANTT— WILSON. 
 
 the fact has not reached my ears. There has been manifested, by the 
 people of that County, without regard to political sentiment, an honest 
 and ample desire to do justice to all men. And as an evidence of that 
 fact, I desire to state that the Agent of the Freedmen's Bureau of that 
 County has taken occasion, whenever it was possible to do so, to refer 
 matters of controversy arising between a white man and a freedman, to 
 the courts of the country, and has always expressed a sincere conviction 
 that those courts would do the freedmen justice. Oftentimes, such mat- 
 ters have been taken from the Freedmen's Bureau, and committed to the 
 courts, at the earnest instance of the freedmen. 
 
 Another allusion was that of the honorable gentleman from Union [Mr. 
 Wilson] — and we seem fated, I believe, always to " hitch," in argument. 
 The allusion was to lawyers. It is my good fortune, or my misfortune, to 
 belong to that class; and I believe that, as a profession, it is honest and 
 honorable. The intimation which the gentleman made was, that the law- 
 yers were growing rich upon the energies of the freedmen; that lawyers 
 were feasting, and gaining fatness, upon the spoils of the freedmen of the 
 State. I cannot believe on"e word of that. 
 
 Mr. WILSON. I do not think the gentleman represents me properly. I 
 said they were willing to give the freedmen justice, by filling their own 
 pockets out of what they can make by pleading the cause of the freed- 
 men, before the courts. 
 
 Mr. GANTT. That is just what I understood the gentleman to say 
 originally, — that the lawyers were filching from their neighbors, putting 
 money in their own pockets, and growing rich. I will make a personal 
 explanation, for myself; and I do not think I am an exception to the 
 general rule among lawyers. Since the close of the rebellion, I have de- 
 fended at least a hundred freedmen ; and I have obtained but one fee from 
 the whole number. There were but two who expressed an ability to pay; 
 and I was prepared to admit, and believe, that, owing to all the circum- 
 stances surrounding, them, they were not able to pay. When they ap- 
 pealed to me for my services in their defence, they received them. One 
 of them gave me an order on a man who had been an intense rebel; and 
 it was paid. Another gave me an order upon one of the leaders of the 
 opposite faction, in the County, — and who, to a great extent, " runs the 
 machine," — and it was not paid. I have defended these people cheerfully, 
 and, I may say, with a great deal of success, as, of the numbers I have 
 defended, not one has been convicted. As regards the Judicial Circuit in 
 which I reside, I have never seen, in this State or elsewhere, more im- 
 partial, more straightforward, unmingled justice done, as between freed- 
 men and white men, or between any other classes of men, than there. I 
 see upon the floor the honorable, the worthy, the exemplary Judge of the 
 Circuit Court ; and I say, and say it that it may go before the country, 
 
 ( 445 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Friday, 
 
 Continuance of Preedmen'a Bureau.— GANTT—MALLOKY—WALKEE— HODGES. 
 
 that upon all occasions he has meted out even-handed justice. Juries have 
 done the freedmen justice, in my. Circuit. They have never manifested 
 any disposition to award, to a freedman put upon his trial, other than ample 
 justice. If he was guilty, they convicted him ; if innocent, they cleared 
 him. I believe that from my County we have but one boarder vyith the 
 gentleman from Pulaski [Mr. Hodges], and he was fresh from the rebel 
 service when he was sent to the Penitentiary. So far as I know, the freed- 
 men of my County are willing to submit their cases to the juries and courts 
 of the County. The Agent of the Ereedmen's Bureau has always mani- 
 fested that willingness. I make these explanations in answer to remarks 
 which have been made upon the floor, because in one instance injustice 
 was done to the profession to which I belong, and of which I am proud, 
 and in the other I felt that injustice was done to my constituents. 
 
 Mr. MALLOE.Y, The argument for the necessity of the continuance of 
 the Freedmen's Bureau, it seems to me, has not been met, upon this floor. 
 In my County, the office of the Bureau Agent is thronged, daily, with 
 applicants for justice — and I do not speak, now, as an outsider. It has been 
 mentioned by some gentlemen on this floor, that they are ex- Agents of the 
 Bureau. I claim to have held that position longer than any man in the 
 State of Arkansas, and over a more populous district than any other man. 
 And for days previous to my starting for this place, the office of the Freed- 
 men's Bureau, in Jefferson County, was thronged with applicants asking 
 justice in the matter of their contracts. 
 
 It seems to me that although this resolution is the main question before 
 the Convention, it is only a side issue with regard to the main question 
 before the people. If these gentlemen, so opposed to the resolution, would 
 with their might and main act and vote so as not to retard the progress of 
 the proceedings of the Convention, — if they would help us in our efforts 
 to frame a Constitution that should bring Arkansas back again into the 
 Union, — it is not presumable that the Freedmen's Bureau would bother us 
 much. And I will say that a pertinacity has been displayed, with regard 
 to the business of this Convention, which seems to indicate that the pur- 
 pose entertained by gentlemen is, to retard its action. I came here for a 
 purpose ; and I do not consider that I am acting outside that purpose when 
 I vote to endorse a memorial of this nature, addressed to Congress. I 
 shall, therefore, vote for the resolution. 
 
 Mr. WALKEK. I rise to enter my protest against the continuance of 
 the Freedmen's Bureau. I regard it as unnecessary. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. I frequently hear 
 gentlemen " entering their protest." I wish to know what it means. 
 
 The PRESIDENT. The Chair does not understand it to be a formal 
 protest, but made simply by way of a speech. 
 
 Mr. WALKER. I consider that the continuance of the Bureau is un- 
 ( 446 ) 
 
Jan. 31st.] AEKANSAS CONSTITUTIOlSrAL CONVElSTTIOlSr. [20th Day. 
 Continuance of Preedmen's Bureau.— WALKBK— JOHNSON. 
 
 necessary, and that it is a heavy and useless expense to the country, to 
 maintain the institution, unless it be necessary. So far as regards the alle- 
 gation that the negroes are unable to obtain justice without the aid of the 
 Bureau, I have this to say, in regard to the people whom I represent; 
 that in no case which has come under my observation, has there been a 
 failure on the part of the courts, or of any of the authorities, of my 
 County, to mete out ample justice. I will instance one case; in which a 
 white man was fined twenty-five dollars, for throwing a stone at a negro. 
 The old negro testified that the stone weighed seventy-five pounds, and 
 that the man threw it eighty yards, at him, and had like to have taken his 
 head off. [Laughter.] In another instance, where a freedman was in- 
 dicted for larceny, and in which he was acquitted, he was allowed a jury 
 partly composed of negroes, and of which the foreman was a negro. I do 
 not say he got justice in that case — I don't think he did ; — but he was 
 acquitted, and I suppose the advocates of this Bureau will say he had jus- 
 tice. I have been one, in my County, to protect the rights of the negro. 
 I will say that in one instance a freedman came to me, to have me trans- 
 act a little business for him. He told me that a gentleman of fine legal 
 attainments, — and a pretty good loyal man, by the way, — had charged 
 him ten dollars to attend to that business, and it was a little more than he 
 could stand. I attended to it for him, and did not charge him a cent for 
 it ; for really, it was not worth anything — it did not require more than 
 three minutes, and I did not feel that I ought to charge anything for it. 
 That same negro afterward came to me and told me he knew who his 
 friends were. I repeat, that in no case that has come under my observa- 
 tion, has there been a failure to mete out justice to all, regardless of r^ce, 
 color, or previous condition. I desire to make this statement, because I 
 think it due to the people whom I represent. 
 
 Mr. JOHIfSOK I would say to the gentlemen who are opposed to the 
 Freedmen's Bureau, that it seems that, with all the power of the military, 
 and with all that the Bureau can do, it does not give justice to the colored 
 population, after all. The Freedmen's Bureau travels all over the State, 
 in every County, and its agents go-there for the purpose of doing justice; 
 and yet, if gentlemen will look over the history of the past year, right 
 around where I am living, they will find, as my friend Mr. Mallort says, 
 that the freedmen are crowding the office of the Bureau, to get justice. 
 I think we had better add, to the Bureau Agents here, fifty more than 
 we now have in the State, that justice may be done. I do not think I 
 ever would vote for the Freedmen's Bureau to be done away with, until 
 the country is reconstructed. We need reconstruction— universal suffrage. 
 Give us that, and we don't ask any more— give us that, and we will not 
 need the Freedmen's Bureau. I am willing; and every man in the house 
 is willing, I think, that wants to give justice. 
 
 ( 447 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Friday, 
 
 Continuance of Preedmen's Bureau.— MONTGOMERY— MOOEB. 
 
 Mr. MOlSTTGrOMEEY. I do not desire to occupy the atteDtion of the 
 Convention for any length of time ; and I shall not offer any further argu- 
 ment as to the merits of the resolution, or of the amendment. I desire to 
 notice some insinuations thrown out by gentlemen on the other side of 
 the house, and to "say that, as far as the amendment of the gentleman 
 from Chicot [Mr. Mason] is concerned, I myself think, from what I have 
 heard, in conversation, of the course of ex-officers of the Freedmen's Bu- 
 reau, the idea would be a good one. 
 
 One gentleman [Mr. Moore] accuses me of being here only for the 
 interests of a party, 
 
 Mr. MOORE. I made no accusation. It was a declaration from the 
 gentleman's own lips. He said he was here in the service of the Radical 
 Party. 
 
 Mr. MONTGOMERY. I can say I am here for the service of the Rad- 
 ical Party, but not for that alone ; and I did not say I was here for that 
 alone. The gentleman has so stated ; and it is a mistake. I am here for 
 the benefit of the State of Arkansas, so far as it is in my power to benefit 
 it. And when the gentleman places me in that light, he presents me in a 
 false light before this Convention. I am glad, however, that the gentleman 
 has placed me in a proper position so far as faithfulness to my people is 
 concerned. I do not desire to be held up here as a conservative, or a man 
 of half-way measures. I desire to be shown as one Avho desires to keep 
 every inch of ground we have gained, so far as party is concerned ; and I 
 think that if the gentleman could see the question as I see it, or see it in 
 its true light, he would perceive that he is not representing his constituents 
 as he claims to be. I think that if even Ashley County were truly can- 
 vassed,— I think that if men were permitted, in that County, to vote as 
 their conscience dictates,— even Ashley would be Radical. And I think 
 that when the gentleman is occupying the time of this Convention with 
 all his dilatory movements,— when he is fillibustering and skirmishing, 
 here, for the purpose of preventing action upon the Constitution, he is 
 misleading his constituents. The . gentleman proposes, of course, to rep- 
 resent the views of those who voted for him ; and in that respect he has 
 been a more strenuous party man than even I myself. And it does not 
 come with very good grace, from his lips, to say that the colored men of 
 the State are like clay in the potter's hands ; for I conceive there are men 
 in this Convention who are clay in the potter's bauds,— men willing to 
 subserve the interests of old party leaders who have ruined this State, and 
 are here, to-day, for that purpose, instead of for the purpose of carrying 
 out the reconstruction measures of Congress. That is the position which 
 the gentleman occupies. 
 
 The gentleman from White [Mr. Ctpert], who occupied the position of 
 Agent of the Freedmen's Bureau, when they couldn't get anybody else in 
 ( 448 ) 
 
Jan. 31st.] AEKANSAS CONSTITUTIONAL CONVENTION. [20th Day. 
 Continuance of Preedmen's Bureau.— MONTGOMERY— CYPERT. 
 
 White County, says that while holding that position he took a conciliatory 
 course ; and he makes the broad assertion that I, when occupying the 
 position of Provost Marshal of Freedmen in the County of Hempstead, 
 instead of taking that course, adopted an opposite one, and tried to stir 
 up strife and prejudice. Sir, I pronounce the assertion false. 
 
 Mr. CYPERT. I hold myself responsible for the remark; and will prove 
 the assertion true. That is what I will do ! 
 
 Mr. MOi^TGOMERY. Very well, sir; we propose to be responsible, too. 
 
 I never have tried to stir up strife. I have my constituents, I have 
 my colleagues, who know my course, who witnessed my course while I 
 was occupying a position in the Freedmen's Bureau. If the gentleman 
 will permit me to make a personal explanation — when, contrary to my 
 wishes, I took the office, when General Reynolds told me, personally, — 
 " Sir, you have got your orders — go !" — I went. I took the subject under 
 consideration ; and, reviewing and examining it in all its aspects, I came 
 to the conclusion that the interest of the white men of this country was 
 with that of the colored men, and that of the colored men with the whites; 
 and that just as soon as these two interests should be separated, just so soon 
 the whole community was ruined. And all my operations in the Freed- 
 men's Bureau have been on that line, and undertaken, not for the purpose 
 of " conciliating " the authors of frauds perpetrated upon freedmen, not for 
 the purpose of " conciliating " idleness and roguery in freedmen, but for the 
 purpose of inducing these colored men, who knew not, at that time, the 
 meaning of freedom, to do their duty; and I talked to them earnestly, to 
 teach them to be industrious and honest, and prove to the country that 
 the United States Government had not committed a mistake in making 
 them free. They have carried out my advice. I was not one of those 
 spoken of. who took fees from white men to perpetrate frauds upon freed- 
 men. There have been men of that kind in the State of Arkansas. 
 
 I take it, sir, that we have sometimes to submit to smaller evils, in order 
 to avoid greater ones. One gentleman [Mr. Bradley] says the intention 
 in perpetuating the Freedmen's Bureau is, to supply places for disap- 
 pointed aspirants; and that he is willing. "Well, I do not blame the gen- 
 tleman for being willing. And I pledge him, that if the resolution shall 
 be adopted, and Congress shall continue the Freedmen's Bureau, he shall 
 have my interest for a position. 
 
 Mr. BRADLEY [in his seat.'] Thank you ! I know I shall get it if you 
 recommend me. 
 
 Mr. SARBER moved that the Convention adjourn to 10 o'clock, a.m., 
 of Saturday, February Ist. 
 
 The question was taken.; and the motion was agreed to; 
 
 And thereupon, at 1.20, p.m., the Convention adjourned to 10, a.m., of 
 
 Saturday, February 1st. 
 
 29 ( 449 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Report of Committee on County and Township Organization. 
 
 TWENTY-FIRST DAY. 
 
 Saturday, February 1st, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Beasley, Bell, Bradley, Brashear,- Brooks, Coates, Corbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harrison, 
 Hatfield, Hawkins, Hinds, Hinkle, Hodges of Pulaski, Hoge, Houghton, Hutch- 
 inson, Johnson, Kyle, Langley, Mallory, Mason, Matthews, Merrick, Misner, 
 Millsaps, Montgomery, Murphy, McCown, McGlure, Moore, Norman, Oliver, 
 Owen, Portis, Priddy, Puntney, Eawlings, Eector, Reynolds, Rounsaville, 
 Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, Van Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 Sick : Messrs. Belden, Hollis, and Poole. 
 
 Granted leave of absence : Messrs. Hicks,* and Hodges of Crittenden. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 The Journal of the preceding day was read and approved. 
 
 COUNTIES AND TOWNSHIPS. 
 
 'So petitions being presented, and 
 
 Eeports of standing committees being in order, ■ 
 
 Mr. OLIVER, on behalf of the Committee, submitted the following 
 
 EEPOET OP COMMITTEE ON COUNTIES AND TOWNSHIPS. 
 
 Section One. All counties and county-seats shall remain as they now are, 
 until otherwise provided by law. Provided, no county shall have more than 
 one county-seat, at which all circuit, county and probate courts, shall be 
 held. 
 
 Section Two. The Legislature may provide for organizing new counties, 
 locating county-seats and changing county lines, but no county-seat shall be 
 changed without the consent of a majority of the electors jof the county, nor 
 any county organized, nor the lines of any county be so changed, as to include 
 an area of less than six hundred square "miles. 
 
 * By consent. 
 ( 450 ) 
 
Feb. Ist.] AEKANSAS CONSTITUTIONAL CONVENTION. [2lBt Day. 
 Report of Committee on State Officers other than Executive. 
 
 Section Three. The Legislature shall provide for such county and township 
 officers as may be necessary. 
 
 Section Four. All county and township officers shall hold their offices for 
 the term of two years, and until their successors shall be qualified ; but no per- 
 son shall hold the office of Sheriff or County Treasurer for more than two con- 
 secutive terms. 
 
 Section Five. All county and township officers may be removed from office, 
 in such manner and for such cause as may be prescribed by law. 
 
 C. H. Oliver, 
 Chairman Committee on County and Township Organizations. 
 
 Mr. SARBER moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 STATE OFFICERS OTHER THAN EXECUTIVE. 
 
 Mr. BRASHEAR, on behalf of the Committee, submitted the following 
 
 E:EP0ET of COMMITTEE ON STATE OEEICBES OTHER THAN EXECTTTIVE. 
 
 Section One. There shall be elected, by the qualified electors of this State, a 
 Superintendent of Education, who shall hold his office for the term of four 
 years. He shall have the general supervision of the Common-School-Fund 
 and educational interest of the State, and perform such other duties as may be 
 prescribed by law. He shall communicate to the General Assembly, through 
 the Governor, annually, the condition and progress of the common Schools in 
 the State, and recommend such measures as, in his opinion, the educational 
 interest of the State may require. 
 
 He shall receive such compensation as may, from time to time, be fixed by 
 law, but which shall not be increased or diminished during the term for which 
 he may have been elected, or appointed to fill an existing vacancy. 
 
 Section Two. There shall be appointed, by the Governor of this State, a 
 Commissioner of Internal Improvements, who shall hold his office for the term 
 of four years. He shall have the general superintendence and direction of all 
 public works in which the State may be interested, and perform such other 
 duties as may be prescribed by law. 
 
 He shall communicate to the General Assembly, through the Governor, annu- 
 ally, the condition of the public works in progress, his views concerning the 
 same, and recommeud such measures as, in his opinion, the public interest of 
 the State may require. 
 
 He shall receive such compensation as may, from time to time, be fixed by 
 law, but which shall not be, increased or diminished during the term for which 
 he may have been appointed. 
 
 (451 ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Saturday, 
 
 Bules of Order. — Disfi-anchisement. — ^Duties of Committee on Ratification. 
 
 Mr. BROOKS moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 RULES OF ORDER — AGAIN. 
 
 Motions, resolutions, and notices, being in order, 
 
 Mr. HINDS gave notice that on Monday, February 3d, he would move 
 to amend Rule I, by striking out the words " two-thirds," and inserting, 
 instead thereof, the word " one-half" 
 
 DISFRANCHISEMENT — AGAIN. 
 
 Mr. McCLURE presented the following resolution : 
 
 Resolved: That the Committee on the Constitution, its Arrangement and 
 Phraseology, be, and are hereby, instructed to report an article to the Con- 
 stitution, disfranchising all persons who oppose roconstruction; and that the 
 act of voting against the adoption of the Constitution shall be conclusive evi- 
 dence of the fact of such opposition. 
 
 Mr. BRADLEY presented the following resolution, as a substitute : 
 
 Whereas, It is understood that the resolution originated in an intention to 
 embrace one man, who threatened to oppose the ratification of the Constitu- 
 tion, provided the door to amalgamation was left open ; and 
 
 Whereas, For the good of the country, it would be better that one suffer 
 than many : 
 
 Therefore, resolved : That the resolution be so amended as to disfranchise 
 John M. Bradley, and nobody else. 
 
 Mr. McCLURE. I accept the amendment, so far as it applies to Mr. 
 Bradley. I have no objection to his being made a special case; but I 
 wish to have the resolution so expressed as to embrace all others in that 
 class. 
 
 Mr. MONTGOMERY moved that the resolution and substitute be 
 referred to the Committee on the Judiciary. 
 
 The question was taken; and the motion was agreed to. 
 
 DDTIES OF COMMITTEE ON RATIFICATION. 
 
 Mr. HOGE presented the following resolution : 
 
 Resolved : That the Committee on Ratification be, and they are hereby, in- 
 structed to report to the Convention, instanter, what action they have had, 
 (452 ) 
 
Feb. Ist.] ARKAI<rSAS CONSTITUTIONAL CONVENTION. [21st Day. 
 Continuance of Preedmen's Bureau. — Rules of Order. — MuCLUEB. 
 
 and what they understand to be their duties as such Committee, and for what 
 purpose such Committee was created, if within their knowledge. 
 
 Mr. MONTGOMERY moved that the resolution be referred to the 
 Committee on Ratification. 
 
 Mr. HOGE. I hope that action will not be taken upon this resolution ; 
 for I am tired 
 
 The PRESIDENT. The motion to refer is not debatable. 
 
 Mr. CYPERT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. SARBER. I ask for information: would not the reference to that 
 Committee be equivalent to an adoption of the' resolution? 
 
 The PRESIDENT. There is a considerable difference between the 
 adoption and the reference. 
 
 The question was taken; and it was decided in the affirmative, — Yeas 
 45, Nays 18, as follows: 
 
 Yeas : Messrs. Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, Gray of 
 Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Houghton, 
 Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, Misner, Millsaps, 
 Montgomery, Murphy, McCown, McClure, Oliver, Portis, Priddy, Eawlings, 
 Rector, Rounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Van 
 Hook, Wilson, "White, "Williams, Wyatt, and the President — 45. 
 
 Nays: Messrs. Beasley, Bradley, Corbell, Cypert, Davall, Gantt, Harrison, 
 Hoge, Kyle, Matthews, Moore, Norman, Owen, Puntney, Reynolds, Shoppach, 
 Walker, and Wright— 18. 
 
 So the resolution was referred to the Committee on Ratification. 
 
 CONTINUANCE OF THE FBBBDMEN'S BUREAU — AGAIN. 
 
 The unfinished business of the previous day, viz. : the consideration of 
 the Report of the Committee appointed to memorialize Congress to con- 
 tinue the Freedmen's Bureau, until the State should be reconstructed, 
 being in order, 
 
 Mr. MONTGOMERY said: As the Convention adjourned pending the 
 few remarks which I was at the time making, on this subject, I desire, 
 this morning, merely to occupy the attention of the Convention for a brief 
 space, in order to review the statements and assertions made by gentle- 
 men upon this floor, in the discussion on the motion to strike out of the 
 resolutions submitted by the Committee, that part which 
 
 RULES OF ORDER — AGAIN. 
 
 Mr. McCLURE. Some days ago, I gave notice of a motion to so amend 
 the Rules as to change the order of business. I believe the proper time 
 
 ( 453 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Continuance of Preedmen's Bureau.— MONTGOMEET. 
 
 to introduce that motion, to be, at present. I wish to do that before the 
 unfinished business is taken up. 
 
 The PEESIDEJS'T. Does the gentleman from Hempstead [Mr. Mont- 
 gomeky] give way? 
 
 Mr. MOJSTTG-OMERY yielded the floor, 
 
 Mr. McCLURE. I move that Rule XXIII be so amended that the spe- 
 cial order of the day be made the first business after the reading of the 
 Journal. 
 
 My object is, that the discussion of outside issues shall not take pre- 
 cedence when we have business to do. I have no objection to our turning 
 ourselves into a lyceum, when we have nothing else to do. • 
 
 The question was taken ; and the motion was agreed to. 
 
 CONTINUANCE OF THE FREBDMEN'S BUREAU — RESUMED. 
 
 Mr. MOJSTTGOMERT. As I was remarking, to the resolution intro- 
 duced by the Committee an amendment was introduced, to strike out the 
 declaration that in some portions of the State the freedmen could not ob- 
 tain justice in the courts. It has been denied, on the floor, that there is 
 any place in Arkansas where freedmen cannot obtain the same justice 
 that can be obtained by white men. I might, if I would deal in individual 
 instances, refer you to a case now under consideration in the Freedmen's 
 Bureau, in this State, — a case occurring in Pulaski County, — where a 
 freedman is now in durance vile, on the charge of stealing three bushels 
 of potatoes. The bail-bonds, as the papers show, were fixed at one 
 thousand dollars; and on the back of the paper was endorsed,— "Not 
 to be bailed." Is that an instance of the justice meted out to freedmen 
 in the State of Arkansas? Where is there a white man who would or 
 could be dealt with in that manner? And during the litigation of that 
 case, — or rather, during the recess between the preliminary examination 
 and the court to which he is bound over to appear, and before his trial 
 comes off' in the court of final jurisdiction, — this man's property is seized 
 to pay the costs — an unheard-of proceeding! For there is no judgment 
 against him for costs, he is convicted of no crime, and the presumption of 
 law is that he did not commit the theft. I need not say that under the 
 law his property cannot possibly be sold to pay costs, until after the final 
 conviction. Yet the horse which is his only means of making a livelihood, 
 is seized, and his whole earthly possessions are sold for twenty-seven 
 dollars ! Is that the kind of justice that the courts of Arkansas are meting 
 out to freedmen ? 
 
 I happen to have further authority on this question, in the 24th volume 
 of Arkansas Reports. It has been stated on this floor, that the citizens of 
 ( 454 ) 
 
Feb. Ist.] ARKANSAS CONSTITUTIONAL CONVENTION. [2l8t Day. 
 Continuance of Preedmen's Bureau.— MONTGOMEKT—CYPBET. 
 
 a certain County in this State mete out, to all its inhabitants, justice, alike. 
 I do not think that from that County there has been a case, of the same 
 significance and importance, reported, where a white man was concerned, 
 as that of a freedman, from the report of which I am about to quote. 
 The case is that of Milan vs. The State. [So understood. The volume of 
 Reports is not at hand when this sheet goes to the press. — Reporter.] The 
 gentleman from White [Mr. Cypbrt] may possibly recollect the case, as I 
 see, from the record, his name appears on the part of the prosecution, in 
 one or two instances. 
 
 Mr. CYPERT. If my name appears on the part of the prosecution, it is 
 an error, in some way. I was a witness for the defendant, in the case. 
 
 Mr. MONTGOMERY. The gentleman's name appears there, also:^I 
 have read the whole record, in the Supreme Court. 
 
 Mr. CYPERT. I call upon the gentleman to show where I was con- 
 nected, in any way, with the prosecution. I denounce the statement as 
 untrue. 
 
 Mr. MONTGOMERY. I undertake to say it is true. [Mr. Mont- 
 gomery read from the i-ecord of the case, to show the fact of Mr. Ctpbrt's 
 appearance as prosecuting attorney.] 
 
 Mr. CYPERT. That is entirely a mistake. I never was attorney for 
 the State, in that District. There was one case, that of Isaac, a negro, in 
 which I was appointed special State prosecuting attorney; but the case 
 was never disposed of. Isaac's recognizance was taken by me, as special 
 prosecuting attorney. I never acted as prosecuting attorney, in the Dis- 
 trict, in any other capacity. 
 
 Mr. MONTGOMERY. I do not desire to do injustice to the gentleman, 
 or to any other gentleman. His name does not appear throughout the case, 
 but in only one or two instances. Mr. Moody's name [so understood], ap- 
 pears as prosecuting attorney. It is in one or two instances during the pre- 
 liminary proceedings, and not in the trial, that Mr. Cypert's name appears. 
 
 I desire to read from the Report. The offence charged was one of 
 assault with intent to kill, as created by our statute. I read, at present, 
 from the syllabus : 
 
 "An assault, with intent to kill, as created by our statute (Gould's Dig., Ch. 
 51, part 3, art. 5, sec. 1; part 10, sec. 5), is a felony; and an indictment for such 
 offence must charge that the assault was made feloniously, etc., and also that 
 the intent was felonious, etc. 
 
 "The record should also show the impanelling of the grand jury that 
 found the indictment ; and that the indictment had been returned into court 
 by the grand jury. (13 Ark., 720; 19 Ark., 178.) 
 
 " By the common law, challenges to the polls for cause, are for principal 
 cause, or to the favor. If for principal cause— as where the matter imports 
 absolute bias or favor— it is tried by the court on the testimony of the juror 
 
 ( 455 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Continuance of Preedmen's Bureau.— MONTGOMEET—CTPEET. 
 
 to the exclusion of other evidence, and if found true, the law per se pronounces 
 the juror incompetent. If to the favor, — as where it is supposed the juror is 
 under undue influence or prejudice, — it is tried, under the direction of the 
 court, by triers, on other testimony, to the exclusion of the oath of the juror; 
 and the finding is conclusive unless the triers are improperly directed. 
 
 " The practice, as modified by our statute, is, that challenges to the polls, 
 whether for principal cause or to the favor, may be tried by the Court, or by 
 triers, at the election of the party challenging j if tried by the court, then on 
 the oath of the person challenged; if by triers, then on other testimony; and 
 if the challenge be for favor, then the finding of the court is as conclusive as 
 if it had been determined by triers. (13 Ark., 720.) 
 
 " In view of the constitutional provision which guarantees to the accused a 
 trial by an impartial jury, and of that purity and sense of justice which should 
 characterize the administration of the law, a person who states that he would 
 convict a colored man on less evidence than he would a white man for the 
 same offence, should be rejected as a juror, on an indictment against a colored 
 man." 
 
 Mr. CYPERT. I wish, on reflection, to correct myself. I remember 
 that when this man M'as first indicted, Mr. Paget [so understood], of In- 
 dependence County, was the prosecuting attorney. He was in attend- 
 ance on our Court. The defendant's recognizance was taken, to appear. 
 He was never in jail. Mr. Paget drew the indictment, and, before the 
 close of the term, asked me to represent hira, in case anything demanding 
 his attention should come up. It is possible I may have taken the re- 
 cognizance, and that my name may appear in that connection, but in no 
 way as prosecutor, further than that. 
 
 Mr. MONTGOMERY. I believe, sir, that is the instance in which the 
 gentleman's name does appear. 
 
 I proceed with the reading of the syllabus : 
 
 "A witness, who had given evidence before the examining court in a criminal 
 case, may be interrogated, on the trial, in relation to such evidence, for the 
 purpose of laying a foundation to contradict him. 
 
 "Although an attorney is bound to withhold, and will never be compelled 
 to disclose, any information, which he knows only through professional rela- 
 tions to his client, he may be compelled to testify against his client as to other 
 matters." 
 
 [Mr. MONTGOMERY proceeded to read, from the bHef filed by the 
 plaintiff in error.] 
 
 These points are decided by the Court, and appear upon the written 
 record of the case, in the Supreme Court. I should like to go over more 
 of the case ; but I will merely, for the purpose of showing how the jury 
 was impanelled, read a- portion, which exhibits a glaring violation of the 
 law: 
 
 ( 456 ) 
 
Feb. Ist.] AEKANSAS CONSTITUTIONAL CONVENTION. [2l8t Day. 
 Continuance of Freedmen's Bureau.— MONTGOMERY— MOOEE. 
 
 "It appears from the bill of exceptions, that in impanelling the jury who 
 tried the ease, the following jurors, namely : Henry Blevins, Henry Martin, 
 Prank Gill, Samuel Neeley, Luke T. Hutchinson, Green Wright, Laban C. Elli- 
 ott, Harrison Blevins, Charles Gillam, and Benjamin Bolton, were called; and 
 who, after having been sworn on their voir dire, and examined by the Attorney 
 for the State, were severally put to the defendant, who propounded to each of 
 them the following interrogatory : 'Do you feel that you can act as a juror in 
 this case, and decide it, according to the law and the evidence, with the same 
 impartiality and want of prejudice toward the defendant, that you would if a 
 white man were on trial?' To which they each answered: 'I don't think I 
 CAN.' The Attorney for the State then put the following question : ' Don't you 
 believe that you can go into the jury-box and do the defendant impartial justice, 
 according to the law and the evidence?' To which each answered: 'I do.' 
 Whereupon, the defendant's interrogatory was repeated, and answered as be- 
 fore. The defendant then propounded to the said Laban C. Elliott, Charles 
 Gillam, and Harrison Blevins, the following interrogatories: ' Would you acquit 
 a negro charged with an assault with intent to kill a white man, upon the same ^ 
 evidence that you would acquit a white man on a like charge ?' To which, 
 each ansM'ered: 'I don't think I could.' The juror, Benjamin Bolton, on 
 farther examination, was asked whether he had formed and expressed an 
 opinion as to the guilt or innocence of the accused; and answered that he had, 
 from rumor, but that the opinion so formed was not such as to prejudice his 
 mind, though it would require evidence to remove it." 
 
 Yet, sir, these men, every one of them, were directed, by the loyal 
 Court 
 
 Mr. MOORE. Let ns know how the Supreme Court disposed of that case. 
 
 Mr. MOIJI'TGOMERY. Yes, sir ; I did so, in reading the syllabus, if 
 the gentleman recollects it. 
 
 Mr. MOORE. I want the conclusion of the opinion of the court. 
 
 Mr. MONTGOMERY proceeded to read, from the opinion of the Su- 
 preme Court, in the case : 
 
 "The testimony of Haywood Branch, taken before the Examining Court 
 and reduced to writing, was competent evidence on the trial, for the purpose of 
 contradicting him — a foundation for the introduction of such evidence having 
 been first laid as to that witness;— and the Court erred in excluding it. At- 
 kins V. The State, 16 Ark., 868." 
 
 " Let the judgment be reversed, and the cause remanded for further pro- 
 ceedings." 
 
 Mr. MOORE [in his seat.2 H'm ! 
 
 Mr. MONTGOMERY. Some person, sir, has stated, upon this floor, 
 that all the Judges of the State of Arkansas, especially those in the north- 
 ern portion of the State, are entirely impartial. You will recollect that, 
 upon the reading of the communication of a gentleman [Mr. L. Lamborn] 
 
 (457 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Continuance of Preedmen's Bureau.— MONTGOMEEY. 
 
 exiled from this State to Illinois, this statement was put forth. Kovf, 
 whether the Judge who sat upon the bench in this case was a lawyer, I 
 do not know. Whether he erred from want of knowledge of the law, or 
 from the prejudice he entertained, I do not pretend to say. I do not under- 
 take to say that he had a prejudice. But I propose that the members of 
 the Convention take this case, examine it, and decide for themselves that 
 question. The jurors who tried the case, however, themselves admitted 
 their prejudice to be such that they could not d^ide impartially — that they 
 would not acquit a negro on the same evidence on which they would acquit 
 a white man, upon the same charge ; and yet the Court permitted a preju- 
 diced jury, self-acknowledged to be such, to sit upon the case, in violation 
 of law. Yet gentlemen can say a negro may obtain justice in all the courts 
 of Arkansas! 
 
 So far as that branch of the subject is concerned, I do not desire to 
 occupy the attention of the Convention longer. But some gentleman 
 says the Bureau is in contravention of the principles of the Government, 
 and in violation of the Constitution. It is singular, sir, and in revolving 
 this question in my own mind I have often been puzzled to ascertain, how 
 gentlemen so suddenly became in love with the Constitution. Like many 
 of the acts during the war, this, whether Constitutional or unconstitu- 
 tional, was an extraordinary measure, made necessary by the changed 
 condition of the people of the South. I say, made necessary; and whether 
 Constitutional or not, it was an absolute necessity to the people of the 
 State. I well recollect that when I was detailed as Superintendent and 
 Provost Marshal of Ifreedmen for the southwestern portion of the State, 
 the people were glad to meet me ; and during the time that I occupied 
 the position, no man in the country knew that I had any politics, except 
 that I was a Federal officer. Politics was not my game, in those times. 
 Some gentleman says that if there must be a Bureau for colored people, 
 it is absolutely necessary that there must be one for the whites, — or words 
 to that effect. I do not object to a bureau for some of the white people 
 in this country, provided that bureau has a sufficiently strong -lock. I do 
 not advocate this plan, so far as the majority of the people of my section 
 of the State is concerned ; for we do have people, there, who differ from 
 me in politics, that can entirely divest themselves of prejudice. IJfor do 
 I accuse the majority of the people there, — even of the "White Man's 
 Party," — of an inability so to divest themselves of prejudice as to assist 
 in meting out impartial justice. But there have always been a few out- 
 laws, whose character, whose antecedents, and whose present lives, will 
 not permit them to do justice either to the colored man or the white. So 
 long as we have courts who will decide as in the reported case which I 
 have read, so long must we have a Freedmen's Bureau, to protect the 
 rights of the colored people. * 
 
 ( 458 ) 
 
Feb. Ist.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [21st Day. 
 Continuance of Freedmen's Bureau.— MONTGOMEET— KYLE. 
 
 Another gentleman [Mr. Moore] says the Freedmen's Bureau is the 
 worst calamity that ever befell the freedmen, except the fact of their 
 emancipation. It is strange there are a few men left (I could not go 
 among the " White Man's Party," to-day, and find one-third of its mem- 
 bers, who are of that mind) who would vote for the re-establishment of 
 slavery. But there are gentlemen, who, despite the admission of the vast 
 majority even of their own party, will claim that emancipation was a ca- 
 lamity, — that because men are now given their rights, because they are 
 now assured, by the Government of the United States, of the opportunity 
 to pursue thei« callings, without molestation, for their own benefit, be- 
 cause they are assured of the enjoyment of life, liberty, and the pursuit of 
 happiness, think they have encountered a great misfortune. 
 
 Mr. KYLE. I rise to a point of order. I submit the question whether 
 the gentleman's remarks are in order. The question of slavery is not now 
 under discussion ; and I think the gentleman is out of order. 
 
 Mr. MONTGOMERY [Mr. McClure in the chair.'] I think so, Mr. 
 President. 
 
 The PRESIDING OFFICER. The gentleman will proceed, then. 
 
 Mr. MONTGOMERY. As we have more important business to attend 
 to, I desire only to submit these few remarks on the question of the con- 
 tinuance of the Freedmen's Bureau. I will not detain the Convention 
 any longer. 
 
 Mr. KYLE. Yesterday evening, I did desire to submit to the Conven- 
 tion a few woi'ds on the question then under consideration. This morn- 
 ing, however, I feel too feeble to make any extended remarks. The dis- 
 cussion that has taken place has been upon my motion to strike out so 
 much of the Report as declared that the freedmen could not obtain jus- 
 tice in the State. Now, it will be observed that the whole discussion has 
 ' proceeded as though the motion were for non-concurrence. That was 
 not my motion. It was, to strike out that portion of the Report which 
 declared that freedmen could not obtain justice in the State — in the 
 courts of the State — that was the language. The Bureau, it will be re- 
 membered, is to be continued, under the present law, until the first of 
 July; and I did not propose to vote, and would not vote, against the con- 
 tinuance of the Bureau, provided it be thought necessary for the pro- 
 tection of the people of the State. But I do hold that, so far as my obser- 
 vation goes, in Southwestern Arkansas there is no complaint, and could 
 be none, with respect to a denial of justice, to freedmen, by the courts. 
 Justice has been administered to them. I grant there may be a few iso- 
 lated cases— or, rather, hen-and-chickens cases, if you please, — that may 
 be adduced, to show that at Washington, in Hempstead County, — or in 
 this place, where a negro has been charged with stealing a few sweet 
 potatoes,— -justice has been denied. But where is that array of talent and 
 
 ( 459) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday^ 
 
 Continuance of Freedmen's Bureau. — KTLE— HINDS. 
 
 influence that is always ready, here, to defend the unfortunate freedman ? 
 Where is it ? They could not come to the rescue of a poor negfo who had 
 stolen two or three bushels of potatoes, — or was charged with so doing, — 
 to see that he should receive justice ! It seems to me he might, and ought, 
 to have had that assistance. As to the case from White County, adduced 
 from the books, the decision of the Supreme Court, as read by the gen- 
 tleman from Hempstead [Mr. MoNTaoMBRT], shows, most conclusively, 
 that the Court reversed the erroneous decisions of the court below, and 
 did mete out justice. I say, they did give justice. These jurors whose 
 answer to the interrogatory put to them has been read, vs^re most culpa* 
 ble. I do not think they were capable of being good jurors. I cannot 
 speak for the State. It may be that it is necessary that this statement 
 should appear in the Eeport; but I do not know it to be so, and I do not 
 really believe it to be so, for I have knowledge of the transaction of the 
 courts in the region of the State where I live, and I know there is no com- 
 plaint on that score. My amendment went ,no further than to vpropose 
 the striking out of that passage of the Report — not to oppose the continu- 
 ance of the Freedmen's Bureau. 
 
 So far as regards the amendment of the gentleman from Chicot [Mr. 
 Mason], who wants a more efficient set of oflicers in the Freedmen's 
 Bureau, I accept that. I think that is well enough. I know that, where 
 I live, the negroes complain they do not get justice in the court of the 
 Freedmen's Bureau. Some of them thought, when I was elected to this 
 Convention, that I was going to Washington City, and said to me, plainly, 
 — " I wish you would get us rid of this Freedmen's Bureau." I was told 
 so by many. The most intelligent, there, desire to get rid of the Freed- 
 men's Bureau, and think they can stand alone. I told them it could 
 not be done until after reconstruction. The Bureau may be necessary — 
 I think it is necessary ; and Congress will surely continue it until the 
 State is reconstructed. I have only to say, in reference to the amendment 
 which I proposed, that while I am not fully informed in reference to the 
 manner in which justice has been administered, throughout the State, I 
 know that the freedmen in my part of the country have had no occasion 
 for complaint, and have made none. Hence, I submitted the amendment. 
 
 Mr. HINDS [^The President in the chair.'] I did not intend to have 
 anything more to say on this subject. But as the gentleman from Dallas 
 [Mr. Kyle] takes the position that the freedmen are not denied justice'in 
 the courts of this State, and as I have had some experience in that way, 
 in this County, in which, perhaps, as little prejudice is manifested as in 
 any county of the State, I desire to say so much as this. Many gentlemen 
 are aware that negro testimony was excluded from the courts of the State, 
 until a few months since. Right in the face of the Acts of Congress, re- 
 quiring them to receive such testimony, the Courts of this County 
 
 ( 460 ) 
 
Feb. 1st.] ARKANSAS CONSTITUTIOKAL CONVEKTION. [21st Day. 
 Continuance of Preedmen's Bureau.— CYPEET— HINDS. 
 
 Mr. CYPERT. In order that the gentleman may have the opportunity 
 of answering the suggestion, I call his attention to the fact that the laws 
 of Arkansas, ever since it has been a State, have allowed negro testimony 
 in a case where a negro was defendant and the State the prosecutor. 
 
 Mr. HUSTDS. I was speaking of the matter with reference to the ques- 
 tion of giving the colored population equal justice with others. 
 
 I resume my statement, sir. Right here, at the Capital of the State, 
 negro testimony was refused in the courts, but a few months since; and 
 not until the Justice of the City Court was arrested for refusal to receive 
 such testimony, brought before the United States Commissioner, and 
 bound over to answer at the next term of the United States Court, has such 
 testimony been received. Such was the public sentiment in this County, 
 I may say, and the sentiment of the courts, certainly up to a very recent 
 period. 
 
 Sir, it has been said that juries are prepared to give justice to the colored 
 people, equally with the whites. I say there is a great mistake in that 
 assertion. Such a prejudice exists, in the minds of the people, right here, 
 at the Capital of the State, that they can not do justice to the colored popu- 
 lation; and, the more effeotually to prove this, I will recite the history of 
 a case, as it actually occurred, before our City Court. An old woman, 
 nearly seventy years of age, brought a civil suit against one of the citi- 
 zens of this County, for seventeen months' labor performed. The case 
 was submitted to a jury. There was no oifset, and no discount. There 
 was nothing in the case, but the naked question of an account for labor 
 done. The evidence, given by three or four witnesses, was directly in 
 favor of the plaintiff's claim. The testimony of all the witnesses corre- 
 sponded, in every particular. The witnesses were not impeached. Their 
 testimony went before the jury; the jury retired, and failed to agree. The 
 case was re-submitted, to another jury, and with the same result; and still 
 to a third jury. I will say, here, that the fourth jury did reach a result, 
 upon that question, on which there was no ground for difference of opinion, 
 by any man willing to do justice to the colored woman. And what was 
 the result ? The verdict brought in by that jury was,— ISTo cause of action ! 
 That is the kind of justice that is meted out by juries in the Capital of the 
 
 State ! 
 
 Sir, I undertake to say that such a prejudice exists toward the colored 
 population, that justice cannot be done to that unfortunate race. There 
 is a necessity of having a power competent, to some extent, to meet cases 
 where the people of the State are unwilling to do justice, or have no de- 
 sire to do it. Prejudice ! It is an incontestable fact, that in this County 
 men have been turned out of house and home, simply for the reason that 
 they voted the Radical ticket, as they call it. Many instances of that kind 
 have occurred. Will the gentleman, with these facts staring us in the 
 
 ( 461 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Continuance of Freedmeu'a Bureau.— HINDS— OTPERT. 
 
 face, pretend to say that justice is meted out alike to the colored man and 
 to the white, as it should be ? No,. sir; such a prejudice exists in the minds 
 of the people, here, and, I believe, elsewhere in the State, that the colored 
 population cannot have justice done them — at least, they do not. And 
 until civil government is restored, until such government is established in 
 this State, as will clothe the freedmen with the panoply of power, I under- 
 take to say that justice cannot be administered to that people, in our courts. 
 That alone can be the saving power. If this Convention shall give to 
 them the same rights with those exercised by any other men, there will 
 be no ditEculty. But unless that is done, I undertake to say that such a 
 prejudice will continue to exist, that these people cannot receive their just 
 rights, before the courts. 
 
 The gentleman from Hempstead. [Mr. Montqombey] has referred to a 
 case which occurred before a Justice of the Peace, a mile or two distant 
 from this City, upon the other side of the river. I am informed that the 
 facts are as the gentleman states them, — that the party placed under 
 arrest, a colored man, was bound over, to the Court, for his appearance, 
 in the sum of a thousand dollars, on the charge of stealing three bushels 
 of potatoes ! An execution has been issued against his property; and the 
 property has been sold. It may be that some explanation can be presented, 
 in that matter; but I have heard of none. I know the matter was brought 
 before the Bureau, and that it still remains the subject of examination 
 there. I know there are courts here, I know there are judges, before whom 
 freedmen can receive justice. I undertake to say, however, that that is 
 an exception to the general rule. Before the juries of this State, the same 
 justice is not meted out to the colored population, that is given to other 
 citizens. l>5"or can there be, in this country, with the prejudice that exists 
 in the minds of the people, unless that population shall be clothed with 
 the panoply of power and sovereignty, indispensable to that end. 
 
 Mr. CYPERT. I am sorry that such is the condition of our country, 
 that prejudice, — I mean political prejudice, — sways the minds of men, to 
 a very great extent. One of the great bulwarks against prejudice, that 
 was established by the founders of our government, was that of the Judi- 
 ciary. It was supposed that that branch of the Government could be kept 
 apart from political strife and political prejudice, and that from it would 
 emanate a purer essence of justice. But, unfortunately for our country, 
 we have to some extent corrupted that branch of the Government, with 
 politics; and whenever we travel outside of the Constitution, to establish 
 a political Judiciary, we are sapping the foundations of civil government. 
 If a political party is to constitute itself the judge of the law, if a political 
 party is expected to mete out unbiassed justice to its opponents, it is a 
 mistake. Human nature, under such circumstances, inevitably leads us 
 astray. Just here is my serious objection to the continuation of the Bu- 
 ( 462 ) 
 
Feb. iBt.] AEKANSAS CONSTITUTIONAL CONVENTION. [21st Day. 
 Continuance of the Freedmen'a Bureau.— OTPEET— HINDS. 
 
 reau. That Bureau emanated from a political party. It is administered 
 by officers of a political party, alone. And those officers are selected, and 
 can be selected only, in a majority of cases, from the members of a single 
 party. Hence, I might charge upon the Bureau an utter incompetency 
 to mete out unbiassed justice to the white people of the Southern States. 
 But I will not charge it, though I might do so with the same degree of 
 propriety with which the gentleman [Mr. Hinds] makes his charge. It 
 is unfortunate, I say, that these prejudices should creep into our courts of 
 justice. But, sir, I will assert that the Bureau Agents can no more be 
 divested of such prejudices, than can our courts. It is assuming that all 
 the honesty of Arkansas, or of the Southern States, is embodied in a single 
 political party, to say that the courts of the country are incapable of doing 
 justice to any class. To say that any political party is alone capable of 
 divesting itself of political prejudice, is to assume for themselves more 
 honesty than the rest of the world. Now, sir, what kind of honesty do we 
 find in all political parties ? We find all parties, to some extent, using 
 illegitimate means, for the promotion of their own prosperity. Possibly, 
 sir, the gentlemaij from Pulaski, who last spoke [Mr. Hinds], may be to 
 some' extent possessed of this party prejudice. He may not be able to do 
 his political enemy full justice. He, probably, like myself, does not know 
 to what extent his political bias leads his mind. liowever, whether from 
 political prejudice or not, there is a rumor, in this country — 1 am not 
 responsible for the truth of it,— that a poor negro, who had been sen- 
 tenced to the Penitentiarj', in the State of Arkansas, was pardoned by the 
 Governor, and that that pardon was kept, for weeks, in the pocket of the 
 gentleman from Pulaski, without the release of the man. If I am incor- 
 rect, the gentleman will correct me — such is the rumor. 
 
 Mr. HINDS. I will correct the gentleman. The facts to which he 
 makes allusion, are these. I procured a pardon for two parties, residents 
 of Drew County,— an old man of seventy years of age, and his wife. After 
 procuring the pardons, I sent for the man (who, it seems, had been given 
 the limits of the City) several times, to have him come to my office and 
 get his papers. He did not come, for several weeks ; and when he did 
 come (ray friend Grey, I believe, was in the room at the time), I handed 
 him his papers, and told him that when he felt able to pay me, he could 
 do so. Those are the facts. My friend from Phillips [Mr. Grey], who 
 was present at the time, is here, and, I believe, can substantiate my state- 
 ment. I sent for the man, several times, before he came. It seems he 
 was inclined to like the Penitentiary, and had received such favors that he 
 was not disposed to leave the Institution, during the inclement season of 
 the year. [Laughter.] 
 
 Mr. CYPERT. Will the gentleman answer, at the same time, another 
 rumor, coupled with the first;— that when the paper was obtained, the 
 
 ( 463 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Continuance of Freedmen's Bureau.— HINDS— CTPEKT. 
 
 man was informed that if he would bring ten dollars, he could have the 
 pardon ? 
 
 Mr. HIFDS. No, sir; I am not in the habit of charging ten dollars — 
 that is a very small fee. [Laughter.] 
 
 Mr. CYPEET. "Well, sir, the gentleman does not answer the question. 
 
 But, to return to the discussion of the subject before us, I do maintain 
 that the courts of the country are the proper sources of justice, arid that 
 when they fail to mete it out, we need not expect to attain it from politi- 
 cal organizations. I believe the courts of our country are yet pure enough 
 to mete out equal justice to every man. And I say that there are, among 
 the people, prejudices, growing out of the political affairs of our country, 
 that, but for the courts, would prevent the meting out of equal justice. 
 Hence the necessity of giving to the courts entire jurisdiction of these 
 matters. 
 
 The case tried in "White County, referred to by the gentleman from 
 Hempstead [Mr. Montgomery], affords evidence of the truth of my state- 
 ment. But for the interference of the Supreme Court of the State, in all 
 probability, justice could not have been rendered, in that instance. But 
 I will refer to some facts, in connection with that case; for I had a con- 
 nection with it to some extent, though not as a prosecutor, further than 
 as I have explained. I assisted in the examination of the witnesses for 
 the defendant. I advised with the principal counsel for the defendant, as 
 to the best course to be pursued in the defence. The defendant's attorney 
 — the leading attorney in the case — who was one of the best lawyers in 
 our County, saved every point in the case, in order to its determination 
 before the higher tribunal. "When those jurors showed themselves pos- 
 sessed of the prejudices which they admitted, they were, of course, dis- 
 qualified. The error was, in a want of legal knowledge. That error was 
 properly corrected, by taking the case to the proper Court of appeal, 
 where the case was remanded back, for a new hearing. The result was, 
 the discharge of the prisoner. But what was the condition, of the prisoner, 
 during all this time? Hayward Branch was the prosecutor. Dr. Branch, 
 his brother, when the prisoner was committed before the magistrate, gave 
 bail for him, and continued responsible during two terms of the court, for 
 his appearance; when the case was finally tried, the prisoner found guilty, 
 and sentenced to ten years in the Penitentiary. He was still bailed, never- 
 theless, for his appearance before the Supreme Court ; where he was ably 
 defended, the decision reversed, the man got justice, and was discharged. 
 I see nothing in the history of this case, certainly, to indicate that the 
 courts of the country are not more competent than any political party, to 
 decide questions of this nature. • 
 
 Patrick Henry, once, by way of deriding the great populace, when 
 looking at a crowd said,—" Behold the expounders of the Constitution !" 
 ( 464 ) 
 
Feb. Ist.] AEKANSAS CONSTITUTIONAL CONVENTION. [2l8t Day. 
 Continuance of I'reedmen'B Bureau.— CTPBRT— HINDS. 
 
 In the new era that is dawning upon our Government, I might say, of 
 many whom we find placed in quasi-judicial positions over us, — " Behold 
 the expounders of the Constitution !" If these be the expounders of the 
 Constitution, I say we have no Constitution ; for ignorance and vice are 
 never capable of expounding a Constitution which was meant to be 
 founded in justice. It is our duty to keep the courts as far as possible re- 
 moved from political prejudices, to keep them as far as possible from the 
 reach of the populace; for, as I have intimated, ignorance and vice in- 
 evitably creep into whatever has to do with political party. I am satis- 
 fied, from the remarks of gentlemen, that this is merely a political 
 measure. Justice is not its object. "What arguments are used in favor 
 of the perpetuation of this Bureau ? 
 
 Mr. HIISTDS. If the gentleman will allow me 
 
 Mr. CYPERT. Yes, sir. 
 
 Mr. IIESTDS. I do not think any gentleman has referred to this prej- 
 udice as a political one, but as existing among the people — not as ap- 
 plicable to any political party. I do not think anything of t]iat kind was 
 said. I did not say it. 
 
 Mr. CYPERT. If the accusation strikes at the body of the people of 
 Arkansas, I have to say that they certainly form a political party. It 
 strikes at the masses of the people of Arkansas, and declares that they 
 will not give equal justice. I contend that the courts of the country are 
 the proper tribunals to mete out justice to individuals. And I contend 
 that it has been urged, here, and so stated,— not in these words, however,— 
 that it was for a particular purpose, and to satisfy a particular necessity, 
 that this movement was desirable. What was that purpose ? Until when 
 do you propose to continue this Bureau? All the arguments have speci- 
 fied a particular time : — when ? — until the ratification of the Constitution, 
 and when a certain political party shall be inaugurated in power. " We 
 expect," say gentlemen, "when the Constitution shall be inaugurated, 
 that a particular political party shall be placed in power ; and we want 
 this Bureau, to aid us." I think that is the argument. A political party, 
 then, is seeking to create a tribunal which will be a power in their hands, 
 for political purposes. I assert that to be the case. 
 
 Sir, if I know myself, I would not ask the courts of the country to be 
 of my political party. I may not know myself; but if T do, I would not 
 ask that because men belong to my political party they should be made 
 members of the courts of the country. I know we have, in this Circuit, 
 a judge of my political faith ; and he is esteemed by all parties ; he strives, 
 when upon the bench, to keep politics apart. I know such to be the case 
 in other circuits. And I must say that gentlemen have not done the 
 Judge of this Circuit justice; or else, they are very ignorant of their 
 rio-hts under the law, or they would have applied, in the case which has 
 
 30 ( 465 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Continuance of Preedmen's Bureau. — CYPEET. 
 
 been mentioned, for bail for the prisoner, fixed at a reasonable amount. 
 Justices of the Peace do not always understand what their rights are ; 
 and they sometimes commit errors. But there is a remedy. If a magis- 
 trate commits a party to jail, in default of an unreasonable amount of 
 bail demanded, I, certainly, should petition for a writ of habeas corpus, and 
 have him bailed in a reasonable amount, or, if wrongfully detained, re- 
 leased. If the statement be true, the parties have mistaken their remedy. 
 All the delay that has takeu place, has resulted from the application to 
 the Bureau. A gentleman complains that a man, arrested for larceny, is 
 to be held in durance vile, because he is not allowed bail. Why cannot 
 the bail be had ? Why, sir, owing, simply, to the delay resulting from 
 the applica,tion to this new tribunal called the Freedmen's Bureau. Had 
 you sued out a habeas corpus, you would have had your remedy imme- 
 "diately, and would have had justice meted out, by a man above all con- 
 siderations of political party. 
 
 Why do I say that these Bureau Agents must necessarily come from a 
 political party ? Because, sir, they have to take oaths that not many of 
 the citizens of Arkansas are able to take. Hence, they have to be im- 
 ported, or to be selected from those who have always belonged to a partic- 
 ular political party in the State. The oath prescribed prevented me from 
 acting any longer in that capacity. When the oath was sent me, I in- 
 formed General Sprague that I could not take the oath, and that, of course, 
 my connection with the Bureau would cease. And I repeat that not many 
 men, not belonging to a certain political party in Arkansas, could take 
 that oath. 
 
 I will ask if all these Bureau Agents do not in fact, belong, to a certain 
 political party, and if they are not engaged as agents in the work of that 
 political party in Arkansas. I think every one of them is in the service, 
 and active agency, of that party. It would be very hard for me to say 
 they were corruptly so. But I say that men do not know to what extent 
 their political prejudices influence them. And for that reason I wish to 
 keep these cases before the courts of the country, which are supposed to be 
 more pure. The very case referred to by the gentleman from Hempstead, 
 is the only argument I need, in order to bring before you the fact of the 
 purity of the courts of the country, and that they offer the best oppor- 
 tunity, to all classes, to obtain justice. I have known cases of men being 
 arrested by the Bureau, denied the writ of habeas corpus, and thrown into 
 prison.' I have known men to be put in the Penitentiary, and kept there 
 for some months, by the Military Agency here, on conviction of a crime 
 not known to the laws of the land, — of offences unknown to the statute- 
 book, and unknown to the Common Law, For this new-fangled offence, 
 a man was convicted, and sentenced to many months' labor in the Peni- 
 tentiary; and it was not until a few days ago that he was' released. I will 
 ( 466 ) 
 
Feb. l8t.] AEKAlSrSAS CONSTITUTIOISrAL CONVENTION.- [2l8t Day'. 
 Continuance of Freedmen's Bureau.— CTPEKT— HODGES of Pulaski. 
 
 refer to the offence charged. It was a great wrong, and a very foolish 
 act, — a thing which, as a man, I would not tolerate; hut unknown, as an 
 offence, to the laws of the land. The man had an old United States flag, 
 of his own. The Registration officers took that old flag, and hung it from 
 their own window, to show the location of the office. The owner came 
 along, took down the flag, and tore it up. Did you ever know that to he a 
 crime, on the statute-books ? Yet the man had to serve a term of months, 
 in the Penitentiary, with hard labor, for that offence. I 'say, then, 
 that these military tribunals do not always administer the law. They are 
 arbitrary. The man to whom I have referred, not only suffered this pun- 
 ishment under. the decision of the tribunals before which he was tried, 
 but before his trial, was held, for months, in a guard-house, before he was 
 tried. I opine that no man will say that these proceedings were in ac- 
 cordance with the law of our land. If law is to be overridden by political 
 party, or by a particular branch of the Government, without regard to the 
 power vested in co-ordinate departments, we might as well cease all efforts 
 at free government, and agree that we have no law, — that we ai^e either 
 in the hands of a mob, a junto, or a despot. 
 
 Mr. HODGrES, of Pulaski. I rise to request an explanation. If I 
 understand the gentleman, he was unable to take the oath required of 
 officers of the Bureau, and thus to be qualified to perform the duties of 
 his office. 
 
 Mr. CYPEPT. Yes, sir. 
 
 Mr. HODGES. Now, I would like to know how the gentleman could 
 take the oath as a registered voter. 
 
 Mr. GYPERT. I will explain that. The oath required by the Bureau, 
 was, that I had never sought, expected, or exercised the functions of, an 
 office in any government inimical to the Government of the United States, 
 and had given no aid or comfort to the rebellion. But the oath prescribed 
 by the Registrars was, that I had never held an office under an oath to 
 support the Constitution of the United States, and afterward violated it by 
 going into rebellion. Do you see the difference ? 
 
 Mr. HODGES. I would like to ask a question in regard to the Consti- 
 tutional Convention of '61. Were the members of that body required 
 to take any oath ? 
 
 Mr. CYPERT. No, sir. 
 
 A MEMBER [in Ms seat'] Was it not an office ? 
 
 Mr. CYPERT. They took no oath. It was not considered an office 
 under the Constitution. 
 
 Mr. HODGES. Was it considered an office ? 
 
 Mr. CYPERT. I do not know whether it was considered an office. 
 
 Mr. HODGES. I think that in the oath prescribed by the Reconstruction 
 Acts, a man must swear that he has not held an office, and afterwards 
 
 (467 ) 
 
1868.] DEBATES AND PEOCBEDIlSrGS OF THE [Saturday, 
 
 Continuance of Freedmen's Bureau.— CYPEKT— HODGES of Pulaski. 
 
 engaged in insurrection or rebellion against the United States, or given 
 aid or comfort to its enemies. . 
 
 Mr. CYPERT. I know what the oath was. That is a question to be 
 discussed elsewhere. I am responsible for -what I did swear, at any timet 
 I will state, to show every gentleman that I did not dodge the question, 
 that I went before the Registrars, and stated the case fully. They hesi- 
 tated, and asked time for advisement. I then made out my statement in 
 writing, to be forwarded to General Ord, — setting forth that I had not 
 held any office disqualifying me from voting, unless the fact of my having 
 held the position of member of the State Convention which passed the 
 Ordinance of Secession, could be construed as having constituted me a 
 member of a State Legislature. It was decided, that that Convention was 
 not a State Legislature, since the " Legislature " was a term distinctly 
 deiined by our Constitution, was a body composed of two houses, and 
 requiring, as a condition of membership, certain qualifications. The Con- 
 vention was a legislative body, I will admit; but the language of the 
 oath was, a " State legislature." 
 
 Mr. HODGES, of Pulaski. I would like to ask whether the opinion of 
 General Ord is better authority than that of Attorney-General Stanbery? 
 
 Mr. CYPERT. I do not know whether it is or not, sir. I presume that 
 Congress left the determination of the question, upon information of the 
 facts, entirely in the minds of the Registrars; and upon my statement of 
 the facts, they decided that I was entitled to registration. I understand 
 that to be the meaning of Congress. I did not wish to mislead the Regis- 
 trars; and hence I filed my statement in writing, setting forth the facts. 
 
 Mr.' HINDS. I would like to hear General Ord's opinion upon the 
 subject. 
 
 Mr. CYPERT. I did not know what General Ord's opinion was. I 
 know I was informed, by the Registrars, that I could register. I was 
 told, however, by a gentleman, that General Ord, in reply to the question 
 propounded"to him, answei'ed that the Registrars were competent judges 
 — that they were their own judges on that subject. 
 
 But that is getting a great way off' the question ; — and, indeed, gentle- 
 men have pumped a great many things into me, that I would not otherwise 
 have let out; and if an unnecessary delay has been caused, the fault is not 
 mine, but theirs ! 
 
 I have but one more remark to make ; and that by way of summing up 
 my objections to the whole Memorial. ' That the Freedmen's Bureau, in_ 
 my opinion, is not a proper tribunal to mete out justice, to any class: that 
 the courts of the country are in every respect superior : and if, in advocating 
 the continuance of the Bureau, gentlemen are seeking the attainment of 
 political ends, then for that reason alone, if for no other, it ought never to 
 
 ( 468 ) 
 
Yeh. Ist.] ARKANSAS CONSTITUTIONAL CONVENTION. [21st Day. 
 Continuance of Preedmen's Bureau.— MALLORT— KYLE— BBASLBY—MOOEE. 
 
 be perpetuated by law. No measure ought to be forced on any people, 
 that is merely to serve the purpose of a political party. 
 Mr. MALLORY. I move the previous question. 
 
 The vote was taken ; and the Convention ordered the main question to 
 be put. 
 
 Mr. KYLE. The Chair understands that the amendment of the gentle- 
 man from Chicot [Mr. Mason] has been accepted by myself? 
 
 The PRESIDENT. The question will be upon the amendment as 
 amended. 
 
 Mr. MALLORY asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 24, 
 Nays 37, as follows : 
 
 Teas : Messrs. Beasley, Bradley, Cypert, Duvall, Gantt, Harrison, Hawkins, 
 Hoge, Kyle, Matthews, Merrick, Misner, Mason, Moore, Norman, Owen, 
 Puntney, Eeynolds, Eounsaville, Shoppach, Van Hook, Walker, Wilson, and 
 Wright— 24. 
 
 Nays : Messrs. B.ell, Brashear, Brooks, Dale, Evans, Bxon, Gray of Jeffer- 
 son, Grey of Phillips, Hatfield, Hinds, Hinkle, Hodges of Pulaski, Houghton, 
 Hutchinson, Johnson, Langley, Mallory, Millsaps, Montgomery, Murphy, Mc- 
 Clure, Oliver, Portis, Priddy, Eawlings, Eector, Sams, Samuels, Sarber, Scott, 
 Sims, Smith, Snyder, White, Williams, Wyatt, and the President — 37. 
 
 So the amendment was rejected. 
 
 Pending the call of the roll : 
 
 Mr. BEASLEY "asked if a further amendment would be out of order. 
 
 The PRESIDENT. It would. ' 
 
 Mr. BEASLEY. I wish to except, from the operation of the amend- 
 ment, the Frgedmen's Bureau Agent in our County [Columbia.] He is a 
 very gentlemanly man, and, I believe, metes out justice to all parties. 
 
 Mr. MOORE (when his name was called) was understood to say: I wish 
 to ask if voting down the amendment will have the effect of representing, 
 to the United States Government, that we do not want the officers of the 
 Bureau to be honest and efficient men. 
 
 The PRESIDENT'S reply was not heard by the Reporter. 
 
 Mr. MOORE rejoined : Then I vote aye. 
 
 The vote was then announced as above. 
 
 The question recurring upon the adoption of the Report and Memorial, 
 Mr. MONTGOMERY asked for the yeas and nays. 
 
 ( 469 ) 
 
1868.] DEBATES AND PEOCBBDIKGS OP THE [Saturday, 
 
 Continuance of Freedmen's Bureau.— GENERAL DEBATE. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 43, Nays 17, as follows : 
 
 Teas : Messrs. Bell, Brashear, Brooks, Dale, Evans, Exon, Gray of Jefferson, 
 Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hodges of 
 Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Mer- 
 rick, Millsaps, Montgomery, Murphy, McClure, Oliver, Portis, Priddy, Eawlings, 
 Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, White, 
 Williams, Wyatt, and the President — 43. 
 
 Nays : Messrs. Beasley, Bradley, Cypert, Duvall, Gantt, Hoge, Matthews, 
 Misner, Moore, Norman, Puntney, Eeynolds, Shoppach, Van Hook, Walker, 
 Wilson, and Wright — 17. 
 
 So the Eeport and Memorial were adopted. 
 
 Pending the call of the roll : i 
 
 Mr. BEASLEY (when his name was called) said : A word, before I 
 vote, sir. I hate to be dissected, in this style, before my friends. I am 
 anxious to vote for the continuance of the Freedmen's Bureau ; but I can- 
 not vote for the Memorial, with the clause in it relating to the denial of 
 justice to freedmen. 
 
 The SECRETARY. Mr. Beasley. 
 
 Mr. BEASLEY. ISTo ! That is Beaslet's vote! 
 
 Mr. BRADLEY (when his name was called) said : Since we have voted 
 that we do not want honest Bureau Agents, I shall vote ]S"o. 
 
 Mr. DUVALL. As we have the Bureau, now, and there seems to be a 
 general complaint that the freedmen cannot get justice, I shall vote No, 
 to see if they will not be able to obtain it in the civil courts. 
 
 Mr. GREY, of Phillips (when his name was called), said : I will simply 
 state that I have no objection to the resolution calling for honest and 
 efficient Bureau Agents ; for God knows we want more of them ; but as 
 to the continuance of the Bureau, I am in favor of it; and hence I vote 
 Aye. 
 
 Mr. HODGES, of Pulaski (when his name was called), said : As ex- 
 planation is the order, I will say, that in order that colored men through- 
 out the State may have ample justice, I shall vote Aye ; and by-and-by I 
 shall vote for the ratification of the' Constitution, that they may have jus- 
 tice done them before the civil authorities. 
 
 Mr. HOGE (when his name was called) said : I wish to denounce that 
 preamble as false, so far as regards my County [Washington.]— ISTo. 
 
 Mr. MASON (when his name was called) said : I shall have to vote No. 
 I am in favor of the continuation of the Bureau ; but the Convention has 
 decided that it does not want anymore honesty in it; and under those 
 circumstances I must vote against the Memorial. 
 ( 470 ) 
 
Feb. Ist.] AEKANSAS CONSTITUTIONAL CONVENTION. [2l8t Day. 
 Impeachment and Removal from Office — Organization of Government of Cities and Villages. 
 
 The PRESIDENT. The Chair will state that that point has not been 
 decided by the Convention. 
 
 Mr. HODGES, of Pulaski. I hope nobody has so little conception of 
 the nature of the action which has been taken, as to understand the Con- 
 vention to have voted that they did not want honest and efficient officers 
 in the Bureau. It has been decided, simply, to pass upon the merits of 
 the main proposition. 
 
 Mr. SARBER (when his name was called) said : I do not know that I 
 can speak from a practical knowledge of the action of the Bureau in our 
 State, as we have had no Agency in my own section ; but having confidence 
 in the ability and integrity of the Committee which has reported the facts, 
 I will vote Aye. 
 
 Mr. VAN HOOK (when his name was called) said : As I know that 
 the freedmen have had justice in the courts of my County, I shall vote No. 
 
 Mr. MASON. I believe I will change my vote, and vote Aye. [Ap- 
 plause.] 
 
 The vote was then announced as above. 
 
 IMPEACHMENT, AND REMOVAL FROM OEEICE — AGAIN. 
 
 The PRESIDENT announced as the business next in order, a special 
 order of the day, .being the consideration of the Report of the Committee 
 on Impeachment, and Removal from Office. 
 
 Mr. SMITH moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 BOUNDARIES — AGAIN. 
 
 The PRESIDENT announced as the business next in order, the con- 
 sideration of a special order of the day, being the consideration of the 
 Report of the Committee on Boundaries. 
 
 Mr. SARBER moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 ORGANIZATION OF GOVERNMENT OP CITIES AND VILLAGES — AGAIN. 
 
 The«PRESIDENT announced as the business next in order, a special 
 order of the day, being the consideration of the Report of the Committee 
 on Organization of Oovernment of Cities and Villages. 
 
 (471 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Amendment and Eevision of Constitution — Freedmen's Bureau — Limitation of Debate. 
 
 Mr. MOlfTGOMEEY moved that the Eeport be referred to the Com- 
 mittee oa the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 AMENDMENT AND REVISION OF CONSTITUTION — AGAIN. 
 
 The PRESIDENT announced as the business next in order, the con- 
 sideration of the Report of the Committee on Amending and Revising 
 Constitution. 
 
 Mr. MONTGOMERY moved that the Report be referred to the Com- 
 mittee on the Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 CONTINUANCE OF FREEDMEN'S" BUREAU — AGAIN. 
 
 Mr. HINDS. I desire to say one word in explanation, in regard to the 
 Freedmen's Bureau. So far as the Court of this Circuit is concerned, I 
 wish to say that at no time has colored testimony been refused. Other 
 courts, however, have persistently refused that class of testimony. I say 
 this in justice to the Court of this Circuit. 
 
 ADJOURNMENT. 
 
 Mr. MONTGOMERY moved that the Convention adjourn to 10 o'clock, 
 A.M., of Monday, February 3d. 
 
 Mr. CYPERT. I wish to give notice that, with a view to expedite busi- 
 ness, I shall, on Monday morning, move that the Convention adjourn, 
 sine die, on the following Saturday. 
 
 LEAVE OF ABSENCE. 
 
 By consent, 
 
 Mr. GANTT asked leave of absence for Monday, February 3d. 
 
 No objection being made, 
 Leave was granted. 
 
 LIMITATION OF DEBATE — AGAIN. 
 
 By consent, 
 
 Mr. WILSON gave notice that on Monday following he should move 
 to restrict speeches to ten minutes each. 
 
 ( 472 ) 
 
Feb. iBt.J AEKANSAS CONSTITUTIOlsrAL CONVENTIOK [21st Day. 
 
 Leaves of Absence. 
 
 LEAVES OF ABSENCE. 
 
 By consent : 
 
 Mr. HUTCHINSON asked leave of absence for Monday, February 3d, 
 
 No objection being made, 
 Leave was granted. 
 
 Messrs. MONTGOMEET, EVANS, BROOKS, and DALE, respectively, 
 asked leave of absence. 
 
 No objection being made, 
 Leave was in each case granted. 
 
 Mr. MOORE asked leave of absence for Mr. Hicks. 
 
 No objection being made, 
 Leave was granted. 
 
 ADJOURNMENT — RESUMED. 
 
 Mr. SARBER. As several gentlemen wish to be absent from the city, 
 on Monday, I move, as an amendment, that we adjourn to 10 o'clock a.m., 
 of Tuesday morning next. 
 
 Mr. CYPERT [in his seat.'] No : let us meet, and try to go on with our 
 business. 
 
 Mr. KYLE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 14, 
 Nays 43, as follows : 
 
 Teas : Messrs. Brashear, Gantt, Mason, Montgomery, McClure, IS'orman, 
 Eector, Sarber, Shoppach, Sims, Snyder, Whit^, Wyatt, and the President — 14. 
 
 Nays : Messrs. Beasley, Bell, Bradley, Brooks, Corbell, Cypert, Dale, Duvall 
 Exon, Gray of Jefferson, Grey of Phillips, Harrisoii, Hatfield, Hawkins, Hinds, 
 Hinkle, Hodges of Pulaski, Hoge, Houghton, Hutchinson, Johnson, K.yle, Lang- 
 ley, Matthews, Misner, Millsaps, Moore, Oliver, Owen, Portis, Priddy, Puntney, 
 Eawlings, Reynolds, Eounsaville, Sams, Samuels, Smith, Scott, Van Hook, 
 "Walker, Wilson, and Wright — 43. 
 
 So the Convention refused to adjourn to Tuesday morning. 
 
 leaves op absence. 
 
 Before the vote was announced : 
 
 Mr. MALLORY inquired of the President whether, after the number 
 of leaves of absence granted, a quorum would remain, for the transaction 
 of business, 
 
 ( 473 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Leaves of Absence. 
 
 The PRESIDENT. If not, the Convention will not hold a session. 
 Mr. SMITH. I may be here on Monday; but it is possible I may 
 not; and I therefore ask leave of absence. 
 'No objection being made, 
 Leave was granted. 
 
 Messrs. SAEBER, DALE, and SIMS, respectively, asked leave of 
 absence for Monday. 
 
 No objection being made, 
 Leave was granted. 
 
 Mr. MATTHEWS. I give notice that I shall object, if any other gentle- 
 man shall ask leave of absence. 
 Mr. WILLIAMS asked leave of absence for Monday. 
 
 The question was taken on granting leave of absence to Mr. Williams ; 
 and, a majority voting in the affirmative, leave was granted. 
 
 Mr. WYATT asked leave of absence for Monday. 
 
 Objection being made. 
 
 The question was taken on granting leave of absence to Mr. Wtatt ; 
 and, a majority voting in the affirmative, leave was granted. 
 
 Mr. RECTOR asked leave of absence for Monday. 
 
 Objection being made. 
 
 The question was taken on granting leave of absence to Mr. Rector ; 
 and, a majority voting in the affirmative, leave was granted. 
 
 Mr. HIlsTDS. It is now evident, from the number of leaves of absence 
 granted, that there will hardly be a quorum present, on Monday: and I 
 move that all the leaves granted be revoked. 
 
 The question was taken ; and the motion was agreed to. 
 
 The question recurring upon the motion to adjourn to 10, a.m., of Mon- 
 day, February 3d, 
 
 The PRESIDENT announced the question, and called for the vote, when 
 Mr. BROOKS asked for a division of the question. 
 Mr. BRADLEY asked for the yeas and nays. 
 The PRESIDENT. The calls come too late. 
 
 The question was then taken ; and the motion was agreed to ; 
 And thereupon, at 12.45, p.m., the Convention adjourned to 10, a.m., of 
 Monday, February 3d. 
 ( 474) 
 
Feb. 1st.] AEKANSAS CONSTITUTIONAL CONVENTION. [21st Day. 
 Leave of Absence — Messenger to District Headquarters — Adjournment. 
 
 TWENTY- SECOND DAY. 
 
 Monday, February %d, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 The roll was called, and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Philliijs, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, HoUis, Hodges of Pulaski, 
 Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, 
 Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, Mc- 
 Clure, Moore, Norman, Oliver, Owen, Poole, Portis, Priddy, Puntney, Eawl- 
 ings, Eector, Eeynolds, Eouneaville, Sams, Samuels, Sarber, Scott, Shoppach, 
 Sims, Smith, Snyder, Van Hook, Walker, Wilson, White, Wihiams, Wright, 
 Wyatt, and the President. 
 
 Absent with leave : Mr. Hodges of Crittenden. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 The Journal of the preceding day was read and approved. 
 
 LEAVE OF ABSENCE. 
 
 Mr. DUVALL asked leave of absence till Thursday, February 6th. 
 
 !N'o objection being made, 
 Leave was granted. 
 
 MESSENGER TO DISTRICT HEADQUARTERS — AGAIN. 
 
 The PEESIDEITT laid before the Convention a telegram from Mr. 
 Hodges, of Crittenden, dated Vicksburgh, Mississippi, announcing his 
 arrival, in the capacity of messenger of the Convention, at Headquarters 
 Fourth Military District, with a statement of the progress of his mission 
 to the General commanding, respecting the payment, from the Treasury, 
 of the sum appropriated to defray the expenses of the Convention. 
 
 ADJOURNMENT. 
 
 Mr. MALLQRY presented the following resolution : 
 
 Resolved : That this Convention do adjourn until next Wednesday morning 
 at ten o'clock, for the purpose of giving the Committees time to complete their 
 work and report to this Convention. 
 
 (4V5 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Banking, and Corporations other than Municipal. 
 
 The question wa^ taken ; and the resolution was adopted ; 
 And thereupon, at 11, a.m., the Convention adjourned to 10, a.m., of 
 Wednesday, February 5th.* 
 
 TWENTY-THIRD DAY. 
 
 "Wednesday, February 6th, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbel!, 
 Cypert, Dale, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harri- 
 son, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski, Hoge, 
 Houghton, Hutchinson, Johnson, Eyle, Langley, Mailory, Mason, Matthews, 
 Merrick, Misner, Millsaps, Montgomery, McCown, McClure, Moore, Norman, 
 Oliver, Owen, Poole, Portis, Priddy,, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Van Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 Sick : Mr. Shoppach. 
 
 Absent with lejvve : Messrs. Duvall, and Hodges of Crittenden. 
 
 A quorum of tbe members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 BANKING, AND CORPORATIONS OTHER THAN MUNICIPAL — AGAIN. 
 
 The special orders of the day, being, first, the consideration of the 
 Report of the Committee on Banking, and Corporations other than Muni- 
 cipal, being in order, 
 
 Mr. HnSTDS moved that the Report be referred to the Committee on the 
 Constitution, its Arrangement and Phraseology. 
 
 The question was taken ; and the motion was agreed to. 
 
 * NoTB. A colloquy ensued (the Pkbsidbnt remaining in the Chair), after the announce- 
 ment of the vote of adjournment, — between Messrs, Ctpekt and Wilson, and the President, 
 respecting a proposition of Mr. Cypebt, for afternoon meetings of committees, and cessation 
 of debate, with a view to the dispatch of business ; Mr. Ctpeet stating that he-had endeavored , 
 to obtain the floor before the announcement of the vote. — Bbporteb. 
 ( 4V6 ) 
 
Feb. 6th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Education — Beport of Committee on Penitentiary. 
 
 EDUCATION. 
 
 The special order of the day, next in order, being the consideration of 
 the Report of the Committee on Education, 
 
 Mr. HINDS moved that the Report be referred to the Committee on 
 the Constitution, its Arrangement and Phraseology. 
 
 The question was taken; and the motion was agreed to. 
 
 PENITENTIARY — AGAIN . 
 
 No petitions, and 
 
 No reports of standing committees being presented, and 
 
 Reports of select committees being in order, 
 
 Mr. McCLURE, on behalf of the Committee, presented the following 
 
 EEPOET OP COMMITTEE ON PENITENTIARY. 
 
 Your Committee, after thorough examination, beg leave to submit the fol- 
 lowing Eeport in relation to the Penitentiary: 
 
 In the year IS.'iO tlfe Penitentiary of the State of Arkansas was a non-paying 
 institution — a thing that the State knew not what to do with. The General 
 Assembly, at that time, when all articles of food and clothing were an hundred 
 per cent, lower than they are now, by a joint resolution contracted as follows : 
 " That the Governor be authorized to pay the said Alexander George and John 
 Eobins the sum of thirty-five cents per day for keeping the State convicts from 
 the 25th day of January, 1859, until another contract be entered into, and that 
 the Governor be authorized to draw such amount from the State Treasury." 
 
 This same act provided " That .the Governor of this State be and is hereby 
 authorized and required to contract with some suitable person, or persons, 
 upon the terms hereinafter stated, until the year 1862, upon the best terms, to 
 be paid annually into the State Treasury." The contractors were to give bond 
 in the sum of $100,000, conditioned "that the said convicts shall be safely kept, 
 subsisted, comfortably clothed, humanely treated, and, when sick, to be furnished 
 with all necessary medicines and medical attendance and suitable diet for sick 
 persons," from the date of the contract until the close of the session of the General 
 Assembly of 18G2, free from all expense to the State. This, from all your Committee 
 bun ascertain, was the first attempt to make the convict labor sustain the expense 
 of subsistence. The General Assembly, in its arrogated wisdom, presumed that 
 fortunes were being made* by the contractors, and authorized the Governor to 
 advertise for sealed proposals. The Governor advertised in every paper then 
 in the State, for proposals, under the restrictions above recited; and, in the lan- 
 guage of that official, "not one single bid was made by any person or persons." 
 Thul, it seems that in 1859 no person or persons could be found in the State, 
 who would support and take charge of the convicts for their labor. The State, 
 
 ( 477 ) 
 
1868.] DEBATES A]S"D PEOCBBDINGS OE THE [Wednesday, 
 
 Report of Conjmittee on Penitentiary. 
 
 therefore, was compelled to pay the contractors about $17,000 per annum, to 
 take charge of and safely keep the Penitentiary. This question, then, naturally 
 arises : How can the present contractor, at the advanced rates now paid for 
 everything, take a contract similar to that of 1859, and live ? We confess our- 
 selves unable to answer, unless the progress of invention, and economy in ex- 
 penditures, are relied upon by the present contractor. , 
 
 Your Committee, in reply to the interrogatories, state that the lease is for 
 fifteen years. That it was a legal assemblage of men, called a General Assem- 
 bly, your Committee have no doubt. Whether the General Assembly was op- 
 posed to reconstruction, is a question that may be answered by a recital of the 
 following facts: Ist. They spent $10,000 in drunkenness and debauchery with 
 Andrew Johnson at the city of Washington; which transaction your Committee 
 regards with suspicion. 2d. .They attempted by legislation to legalize " Confed- 
 erate money" and "war bonds," that the poor of the State should be defrauded of 
 their interest in the school lands. 3d. They squandered $269,000 of the money 
 belonging to the State, in an extravagant and lascivious manner. 4th. They 
 refused to adopt the proposed amendment to the Constitution, known as the 
 XIV Article to the Constitution; and, in a manner better becoming brigands 
 than legislators, treated the same with contempt. 5th. That they passed many 
 enactments that, in the opinion of your Committee, no loyal body of men would 
 do. 6th. That General Ord forbade them assembling, and thereby saved to the 
 State an unknown amount of money, of which it would Jiave been defrauded. 
 
 In the opinion of your Committee, the State of Arkansas have not loaned 
 any money to the firm of Hodges, Peay, & Aliff. The sum of $38,275, that the 
 State authorized the Auditor, Treasurer, and Secretary of State, to pay said 
 Hodges, Peay, & Aliff is for work done under the provisions of the first section 
 of the Act, and is not, and of right cannot be, called a loan ; because the work 
 and improvements are of a permanent nature and character, which revert to 
 the State at the expiration of their lease. 
 
 As before stated, the sum of $38,275 above referred to, is to be paid to the 
 said Hodges, Peay, & Aliff on the completion and repairs of certain unfinished 
 buildings in the Penitentiary enclosure. 
 
 Your Committee find that the said contractors now have all the materials 
 ready for finishing this, and that part of the work is already completed. 
 
 The work, so far as done, has been executed in a substantial and workman- 
 like manner. 
 
 In the. condition the Penitentiary was when they took possession, prisoners 
 were not safe, health and comfort could not be provided for, and shops in which 
 to e^iploy the necessary labor were not erected. This expenditure, in the opin- 
 ion of your Committee, the State ought to have made. In addition to the sum 
 of $38,275, said Hodges, Peay, & Aliff get $26 per cell for iron bedsteads, mat- 
 tresses, and the necessary amount of clothing. At the time they took posses- 
 sion the State had no material of this kind on hand. By the terms of the lease 
 these thmgs belong to the State, and at the expiration of the lease are to be 
 delivered to the State in good condition. The probable cost of this item will be 
 about $5000 or $6000. Your Committee are therefore of opinion that this is 
 ( 478 ) 
 
Feb. 5th.J ARKANSAS CONSTITIJTIOlSrAL CONVENTION. [23d Day. 
 Keport of Committee on Penitentiary. 
 
 not a loan, but, on the contrary, an advance by Hodges, Peay, & Aliff. In ad- 
 dition to the amounts heretofore enumerated, said Hodges, Peay, & AlifF are 
 allowed seventy-five cents per foot for steam-piping furnished and used in 
 heating the prison. The piping thus put up, after the expiration of the lease, 
 belongs to the State, without further charge. The probable cost of this item 
 will be about $8000. 
 
 Tour Committee, after an examination of the prison, find that the building 
 is of brick, and not well ventilated; that, in a country like this, where the at- 
 mosphere is damp, the prison would necessarily be injurious to the health of the 
 convicts; dampness gathers to such an extent, in the prison, that heavy iron 
 grates of the cell doors have actually rusted off. Therefore, your Committee 
 is of opinion that the proposed heating apparatus will remove this state of 
 dampness, and contribute to the health and comfort of the convicts, who, 
 during all the cold and inclement weather, find themselves confined in cells, 
 and without fire. The heat necessary to warm the building is furnished to the 
 State by Hodges, Peay, & Aliff, free of charge. 
 
 For three years from the 7th day of February, 1867, Hodges, Peay, & Aliff 
 receive thirty-five cents per day for guarding, subsisting, clothing, furnishing 
 medicines, and all other expense not otherwise provided for. Your Committee 
 do not regard the price paid for subsistence as extravagant; because, as before 
 stated, the State paid, in 1859, the same price, for the same service, to George & 
 Eobins — at a time, too, when they had disciplined labor, and tools and ma- 
 chinery to employ it. 
 
 From the language of the law, and the terms of the contract, your Commit- 
 tee are of opinion that they have recited the only things that the State has 
 in any manner agreed to become responsible, or pay for, to Hodges, Peay, & 
 Aliff. Said contractors receive no other allowance, under the law or their con- 
 tract. The sum of $38,275 for repairing and erecting new buildings for the 
 State— and the sum of $5000 for bedsteads, etc., and the amount paid for steam- 
 piping, estimated at $8000, and the entire amount paid for subsistence, by the 
 State, to Hodges, Peay, & Aliff— is to be paid back to the State, by said Hodges, 
 Peay,' & Aliff, in five equal payments, commencing in the eleventh year of the 
 contract, and ending on the fifteenth : thus, the State receives the buildings 
 erected and repaired, the beds and bedding, etc., the heating apparatus and all 
 moneys she may have expended, at the expiration of fifteen years; which, in 
 the opinion of your Committee, is a saving to the State of about one hundred 
 thousand dollars ; we basing our opinion upon the cost of fifteen years before 
 
 the war. 
 
 In the manufacturing now carried on, the Penitentiary is aided by the best 
 and latest-improved machinery ; and the articles made— chiefly boots and shoes 
 —are of a kind and quality .that will compare favorably with any in the United 
 States ; and the general result reflects great credit on the skill and enterprise 
 of the contractors. . 
 
 In the year 1866, in accordance with the report of the Board of Charities 
 for the State of Massachusetts, we find the expenses stated for the manage- 
 ment and sustenance of prisons in twenty-one States in the United States, 
 
 ( 479 ) 
 
1868.] DEBATES AND PEOCEEDHSTGS OP THE [Wednesday, 
 
 Report of Committee on Penitentiary. 
 
 none of which were self-sustaining. What the other States may have done, 
 we have no knowledge ; as the Board of Charities state that the reports of the 
 other States could not be obtained for that year. 
 
 Said Penitentiary is in the possession of James L. Hodges, by purchase of 
 the interests of Peay & Aliflf, clothed with a full power of attorney to do and 
 transact all business that of right ought to be done in compliance with the 
 contract. 
 
 The mode of enforcing discipline in prisons, is one that has elicited much 
 discussion, and without coming to any definite plan. The contractor engages 
 the use of the labor for the purpose of deriving profit therefrom. Confinement 
 in dark and badly-ventilated cells injures and destroys health, occasions loss 
 to the contractor during the confinement, and does not always accomplish the 
 desired end. All manner of punishment is to be deplored; but when we take 
 into consideration that humane treatment is only due to those who deserve it, 
 and that all others must be controlled by such means as will not result in loss 
 to the State, or the contractor, and that discipline is necessary in all institu- 
 tions of this kind, we are of opinion that the manner and mode of enforcing 
 discipline, as practised in the Penitentiary at Little Eoek, Arkansas, is not too 
 severe. The means of enforcing discipline in many of the States of the Union, 
 is — "dark cell, lash, iron jacket, shower bath, shaving the head, whipping, iron 
 cap, bucking and yoke, crucifix, and confinement on short rations in a dungeon," 
 which is but another mode of saying that convicts are starved into submission. 
 Whipping has been resorted to, but, so far as we can ascertain, only to the ex- 
 tent that was deemed necessary to enforce discipline, compel obedience, and 
 protect the interest of the State and contractors. The evidence of all parties 
 agrees, that they have never known an instance in which a convict was pun- 
 ished unmercifully, or to such an extent as in any manner unfitted him for 
 labor. 
 
 The kind and quality of food furnished is described in the evidence taken; 
 which, summed up, amounts to about five and a-half pounds of wholesome food 
 per day. The labor is not tiresome; and all evidence that we could procure 
 does not show an instance of punishment for not laboring enough. The con- 
 victs were all warmly and comfortably clothed, cells and building clean, and 
 apparently in good healthy condition. 
 
 Your Committee are of opinion that, so far as distinction on account of race, 
 color, or previous condition is concerned, no such thing exists; but, on the 
 contrary, believe that social equality and the rights of all parties are ascer- 
 tained and determined by their action. Prisons are for the confinement and 
 punishment of those who prey upon society and violate the laws ; and as such, 
 oijght never to be made an expense to the State, that crime and its executors 
 might revel in indolence and ease. 
 
 Your Committee herewith submit the evidence of Thomas Lindsay, W. E. 
 McPherson, James Ard, George E. Weeks, Ealph Wilson; Andrew Matthews, 
 Thomas Chappell, W. P. Ayres, John G. Halliburton, John B. Yoest, David 
 Hill, W. T. McCullough, A. L. E. Noah, and D. H. Woodard; all of whom 
 were duly sworn ; also, a copy of the Inspection Eeport made by order of the 
 ( 4*80 ) 
 
Feb. 5th.J AEKAISTSAS CONSTITUTIOlSrAL CONVBNTIOlSr. [23d Day. 
 Penitentiary.— BEOOKS— BRADLEY— CTPEKT—GANTT. 
 
 Commanding G-eneral of the 4th Military District; and an abstract of the num- 
 ber of prisoners on hand, received, and deceased, since 7th February, 1867. 
 
 [Here follows the testimony taken before the Committee; for which, see 
 Appendix.] 
 
 John McClure, 
 Pebruary 3, 1868. s Chairman. 
 
 Mr. BROOKS requested to have read the Report, regarding the Peni- 
 tentiary, made to the General commanding the Fourth JSlilitary District. 
 
 The SECRETARY read the paper [for which, see Report of Testimony, 
 in Appendix.] 
 
 Mr. BRADLEY. I notice that it is stated, in the Report, that in the 
 condition of the Penitentiary in '59, it was impossible for parties to keep 
 the contract and live. I suppose the Institution is in about the same con- 
 dition now — that was the idea which it was intended to convey. There 
 seem to have been two other contracting parties. I suppose they are dead, 
 in consequence of having kept the contract, and that Mr. Hodges has sur- 
 vived. It seems everywhere, in this Report, to be implied that because 
 the law has placed the convict in the Penitentiary, he is subject to the 
 lash. When the punishment of the lash was inflicted on the negro, it 
 was thought to be a great outrage ; and I do not see why the convicts in 
 the Penitentiary are liable to that punishment, because they are there by 
 operation of the law, any more than the negro, wKo was in slavery by the 
 operation of the law. 
 
 It seems to me, under all the circumstances, that the Report fails to 
 meet the exigency of the case ; and I move to refer it to a Committee 
 on the last session of the Legislature of Arkansas. 
 
 The motion not being seconded, 
 
 Mr. BROOKS moved that the Report be adopted, and spread upon the 
 Journals of the Convention. * 
 
 Mr. CYPERT. I move to amend b> striking out the title, and inserting 
 instead, the words, " Report of the Committee on the Last Legislature." 
 I wish to show that to be, — as it is, — the character of the document. 
 
 Mr. GANTT. I will ask the gentleman from White [Mr. Cypbrt] to 
 withdraw his motion. 
 
 Mr. CYPERT. I withdraw it. 
 
 Mr. GANTT. I move to make the consideration of the Report the 
 special order of the day for Friday next; and I bespeak at the hands of 
 this Convention, some opportunity for consideration of this question. I 
 ask them not to hurry it through without discussion. It is right and 
 proper that the Report should be considered in this Convention; and a 
 little time would be serviceable to some of us who desire to address our- 
 
 31 ( 481 ) 
 
1868.] DEBATES AI^D PEOOEEDINGS OP THE [Wednesday, 
 
 Penitentiary.— McCLUKE. 
 
 selves to the subject. I would ask it as a personal favor, independent of the 
 . fact that the careful consideration of this matter requires some little time. 
 
 I therefore move it be made the special order of the day for Friday next, 
 at 10 o'clock, A.M. 
 
 Mr. McCLURE. The action of the Committee vs^as all had under special 
 instruction of the resolution. "We have reported upon no fact not based 
 in the requirements of the resolution itself; and in fact, if we had had 
 time we might have elaborated a great many subjects on which we have 
 only touched, in the Report. In compliance with one requirement of the 
 resolution; the evidence was taken. We were further required to report 
 to whom, by whom, and for' what term of years, the contract was let, and 
 if the original parties were opposed to reconstruction. I will ask the 
 Secretary to read the instructions contained in the original resolution. 
 
 The SECEETARY read the resolution, as follows: 
 
 " Whereas, It has been represented that a contract for the lease of the Peni- 
 tentiary House of the State of Arkansas for a long term of years, to wit: for 
 the term of fifteen years, was recently pretended to be made by and from an 
 illegal body of men, styling themselves the General Assembly of the State of 
 Arkansas, to and with divers persons, said to be then opposed to the recon- 
 struction measures of Congress, and hostile in feeling and sentiment to the 
 Federal Government, which said pretended lease is said to have been accom- 
 panied with a loan of forty or fifty thousand dollars, taken, under some pre- 
 text, from the public Treasury, and with a grant of other and further extra- 
 ordinary and unheard-of privileges, immunities, and franchises: 
 
 "And whereas, It is asserted by released prisoners and others that these 
 pretended lessees, or some of them, being in possession of said Penitentiary 
 building as aforesaid, are accustomed to use, in the infliction of corporal pun- 
 ishment, especially upon colored convicts, an instrument of torture said to be 
 found only on a few plantations in the darkest days of slavery: 
 
 " Therefore, be it resolved: That a Committee of nine, two of whom shall be 
 jcolored delegates, be appointed, whose duty it shall be to collect facts and 
 proof, and to procure papers and persons, to be brought before the Committee 
 on the Penitentiary, which Committee shall at once proceed to bear, investi- 
 gate, and reduce to writing, the whole testimony in the case, and make their 
 report for the further action of this Convention; which said report shall show 
 how said Penitentiary was leased, by whom or to whom; in whose possession 
 the same is, and how they came by it; and all other matters touching its man- 
 agement, the treatment of prisoners, &c.: — which said report shall be accom- 
 panied by the testimony so reduced to writing." 
 
 [Which resolution, on motion of Mr. Montgomery, was referred to the Com- 
 mittee on the Penitentiary.] 
 
 Mr. MoCLURE. It will be observed, from the language of the resolu- 
 tion, and the instructions received by the Committee, that they were ex- 
 ( 482 ) 
 
Feb. 5th.J AEKANSAS COISTSTITUTIONAL CONVENTION. [23d Day. 
 Penitentiary.— McCLUKB— HODGES ef Pulaski— SARBEE—GANTT—CTPEET. 
 
 pected to take cognizance of a great many things beside the Penitentiary, 
 — the character and action of the last Legislature, — the nature of the 
 lease, — and any other facts relevant'to this, contract. The Committee, in 
 taking this evidence, was anxious to invite all parties who had or seemed 
 to feel any interest in the matter, to produce witnesses; and no evidence 
 was rejected that would anywhere have beenipsteemed competent. 
 
 So far as the adoption of the Report is concerned, I do not insist upon 
 that. I am perfectly willing that it lie over until such time as any gentle- 
 man may wish, to enable him to discuss the question. We are not, on 
 our part, in any haste. If it is desired to'enter into any discussion of the 
 action of the last Legislature, or the authority of the individuals then as- 
 sembled here as a body of legislators, I am perfectly willing to £nter upon 
 that discussion, and, if necessary, to elaborate the Report in that respect. 
 
 Mr. HODGES, of Pulaski. I have no question that it will be pi-oper to 
 make the consideration of the Report the special order foranother day, as 
 suggested. I have, as being an interested party, carefully examined the 
 questions propounded. I do not understand the Report to answer those 
 questions. They recite certain things which, in their opinion, were done. 
 "Whether the opinion of the Committee, in regard to those facts, is correct, 
 may, of course, be made the subject of question. They do not undertake 
 to answer all the inquiries raised; claiming, I suppose, that they were 
 unable to answer them — ^^I do not understand that they took steps toward 
 obtaining information, or forming a judgment, on all the queries suggested. 
 Of course, however, it is well to afford an opportunity for the examination 
 of all these matters; and I hope the subject will be made the special order 
 for another day. 
 
 Mr. SARBER. I move, as an amendment to the motion of the gentle- 
 man from Prairie [Mr. Gantt], that the consideration of the Report be 
 made the special order for Friday, February 7th, and that a hundred 
 copies be printed for the use of members. 
 
 Mr. GrAlSTTT. I accept the amendment. 
 
 Mr. BROOKS. I most cheerfully withdraw my motion. 
 
 1^0 objection being made. 
 
 The motion for the adoption of the Report was withdrawn. 
 
 Mr. McCLURE. Will that include the evidence, as well as the Report? 
 
 Mr. SARBER. Both. 
 
 Mr. GANTT. With the papers connected with the Report. 
 
 Mr. CYPERT. I presume that is the proper course to take. From the 
 gentleman's [Mr. McClurb's] request for the reading of the resolution 
 referred to the Committee, coupled with remarks subsequently made, it 
 seems to have been assumed that all the matters mentioned in the pre- 
 amble to the resolution were in the nature of instructions to the Com- 
 
 ^ ( 483 ) 
 
1868.] DEBATES AND PEOOEBDINGS OP THE [Wednesday, 
 
 Penitentiary.— Rulesof Order— CTPEET— WILSON— BKOOKS—McCLUKE— WHITE. 
 
 mittee. There were no such instructions. The preanable gave no instruc- 
 tions whatever. It recited certain matters with a view -to subsequently 
 giving instructions ; a report in the matter of which instructions, was to he 
 presented by the Committee. The several items submitted to them for 
 their investigation, were specifically set forth. 
 
 The PEBSIDEISTT. Gentkmen will bear in mind that the motion to 
 adopt is withdrawn, and that the question is upon the resolution to print 
 one hundred copies of the Report, and make it the special order of the 
 day for Friday, the 7th inst. 
 
 Mr. CYPERT. I know that t'o be the question before the Convention. 
 I only wish to give an explanation, in answer to the remarks which have 
 been madei There was nothing, in the instructions, that indicated a desire, 
 on the part of the Convention, for any report on the subject of drunken- 
 ness on the part of jnembers of the Legislature, or others, or their con- 
 duct, or association with other parties, — even with the President of the 
 United States. The Report, in that portion, struck me, when I was read- 
 ing it, as a very poor attempt at wit, — alluding to gentlemen having " spent 
 money" "in riotous conduct" with the President of the United States ! 
 
 ' The question was then taken ; and the motion was agreed to. 
 
 LIMITATION OP DEBATE AGAIN. 
 
 Motions, resolutions, and notices being in order, 
 
 Mr. WILSON', in accordance with previous notice, moved that Rule 
 XVII be amended, by adding thereto the words, 
 
 "iNor shall any member speak more than ten minutes." 
 
 Mr. BROOKS. I suppose the honorable member designs that no mem- 
 ber shall speak more than ten minutes, without leave of the Convention. 
 Mr. WILSON. I have no objection to that. 
 
 Mr. McCLURE desiring to present a report from the Committee on 
 Finance, Taxation, Public Debt, and Expenditures, 
 
 The PRESIDENT stated that, by consent, the Report would be submit- 
 ted after the motion pending before the Convention should be disposed of. 
 
 After some inquiry as to previous notice of the motion offered by Mr. 
 Wilson, 
 
 The question was taken on the motion as amended; and the motion was 
 not agreed to. 
 
 PENITENTIARY — AGAIN. 
 
 Mr. WHITE. I would say, as a member of the Committee on the Peni- 
 tentiary, that Mr. Mason and myself have never heard that Report, be- 
 fore; and it contains some things which do not accord with our feelings, 
 I [Applause on the left.] 
 ( 484 .) 
 
Feb. 5th.] AEKAISTSAS CONSTITUTIOISrAL CONVENTION. [23d Day. 
 
 Report on Finances of the State. 
 
 Mr. GANTT. I suppose the gentlemen will have time to prepare a 
 minority report ; and in order to enable them to do so, it might be made 
 a special order for a subsequent day. 
 
 The PEESIDENT. The Chair would suggest, that it will be easy enough 
 to attend to that when Friday shall arrive. 
 
 Mr. MOORE. Would it not be in order to move to have the minority 
 report printed ? 
 
 Mr. SAEBER. I do not understand that there is any minority report 
 before the Convention. 
 
 Mr. MOORE. There is an intimation that there will be one. 
 
 Mr. SARBER. It will be time enough, to attend to that, when it shall 
 come up. 
 
 Mr. MASOK The gentleman from Phillips [Mr. White] and myself 
 do not know exactly when the Report should be presented. 
 
 The PRESIDENT. The gentlemen can present it whenever they think 
 proper. 
 
 Mr. BROOKS. I suppose, if the minority wish to make a report, or 
 present their views in'any manner whatever, and if they desire further 
 time for that purpose, that on Eriday, further time will be given, of course. 
 
 FINANCES OF THE STATE — AGAIN. 
 
 Mr. McCLURE, on behalf of the Committee, presented the following 
 
 EBPOKT OP COMMITTEE ON FINANCE, ETC. 
 ON THE FINANCES OF THE STATE. 
 
 Tour Committe on Finance, who were instructed to ascertain and report the 
 amount of the present indebtedness of the State, and other facts embodied in 
 the resolution, beg leave to report as follows : 
 
 25 State Bonds, of $1000 each, due January 1, 1887, 
 
 Interest on same to January 31, 1868, . 
 532 State Bonds, of $1000 each, due January 1, 1868, 
 
 Interest on same to January 31, 1868, . , . 
 886 Eeal Estate Bank Bonds, outstanding, due October 26 
 
 Interest on same to January 31, 1868, . 
 500 State Bonds, of $1000 each, due 26th October, 1861, 
 
 Interest on same to 81st January, 1868, 
 United States money seized, — estimated at . 
 
 Interest on same to 31st January, 1868, 
 
 Swamp Land Fund, 
 
 Internal Improvement Fund, 
 
 Seminary Fund, 
 
 Saline Fund, 
 
 186L 
 
 $25,000 00 
 
 33,854 16 
 
 532,000 00 
 
 864,500 00 
 
 886,000 00 
 
 1,440,750 00 
 
 500,000 00 
 
 822,500 00 
 
 250,000 00 
 
 102,500 00 
 
 91,938 96 
 
 37,347 09 
 
 7,260 81 
 
 4,633 13 
 
 $5,598,284*15 
 { 485 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Wednesday, 
 
 Eeport on Finances of the State. 
 
 The bonds thus issued are held as follows : 
 
 38 in trust for Smithsonian Institute by U. S. Treasury ; 90 in trust for Chero- 
 kee Indians by U. S. Treasury; 116 deposited in the State Treasury by the 
 Receiver of the Real Estate Bank; 500 in trust for Smithsonian Institute by 
 U. S. Treasury ; 52 in the U. S. Tiieasury to meet liabilities on land mortgaged 
 to the State ; 2 in the possession of the Receiver of the Real Estate Bank; 500 
 held by Holford & Co., bankers, London, England. The balance of the bonds 
 are supposed to be held by parties in the State of New York. 
 
 " What is the present market value of our State bonds?" 
 
 In reply to this question, your Committee beg leave to state that the bonds 
 of the State of Arkansas are not quoted in the market of any city in the civil- 
 ized world. This is attributable to the fact, that in a period of nearly thirty 
 years the State authorities have not provided for the payment of interest on 
 her bonds. A system of financiering known only to thieves and robbers with- 
 out conscience, prevailed to such an extent that their operations now cost the 
 State the neat little sum of $5,104,604.16. Not content with impoverishing 
 the State, desolating the country, and causing mourning at every hearthstone, 
 we find these self-same men arrayed in hostilityto the present reconstruction 
 measures, hoping thereby to hide from public gSzeand investigation the plunder 
 and thefts of thirty years. 
 
 It is said that the North American Trust and Banking Company acted in 
 bad faith toward the State, in selling $500,000 of the bonds to Holford & Co., of 
 London, for which the State got $121,336.91. It may be true that the State 
 did not receive a greater amount than the sum stated; but it does not follow 
 that the agents or individuals who had these bonds in their possession received 
 no more. Your Committee are of opinion that, if the truth ever should be 
 known, it would appear that the expenses of the agents of the State, about that 
 time, were much greater than their account sales of cotton would warrant. 
 
 "For what purpose these obligations were created, and what disposition has been 
 made of the funds thus obtained ? " 
 
 The bank was created for the benefit of certain individuals without capital, 
 for the purpose of making large fortunes at the expense of the State: and in 
 this respect we are of opinion that the bank was a success. It was of no use 
 or benefit to the State ; but, on the contrary, an injury, whereby she loses the 
 sum of $5,104,604.16. The funds obtained for the bonds of the State, in the 
 opinion of your Committee, were spent in rioting, debauchery, plantations, 
 slaves, and secession. 
 
 "What are the present assets at command, with which to liquidate said claims?" 
 
 The State Bank has no assets. Two hundred and eighty persons mortgaged 
 to the State 187,810 acres of land, to secure the State from loss by reason of 
 the Real Estate Bank ; but little or nothing has been realized, by the State, 
 upon or from these mortgages. The settlement of the two banks has cost the 
 State, for receivers, accountants, attorney fees, and the time of the Legislature, 
 at least $500,000. By. a report from the Receiver of the Real Estate Bank, it 
 appears that there is, in his hands claims, property, and other property classified 
 as ." good," $507,020.91. If the process of indulgence and favoritism that has 
 ( 486 ) 
 
Feb. 5th.] AEKANSAS COXSTITUTlOlSrAL CONVBNTIOISr. [23d Day. 
 
 EepOTt on Finances of the State. 
 
 characterized collections for the past twenty years is continued, as a matter of 
 economy the State had better receipt in full, and thereby save further expense. 
 The State ought to institute vigorous collection laws for her own protection, and 
 authorize the purchase of the lands by the State, provided the price paid did 
 not exceed the amount of her mortgage. The lands mortgaged to the State 
 are said to be valuable, and the greater portion improved ; and if she held the 
 title in fee, these lands could be appraised, and resold to actual settlers in small 
 tracts, thereby allowing small capitalists to become freeholders in healthy and 
 well-improved localities. This would invite immigration, increase the wealth 
 of the State, and do much toward settling the unhappy condition of the coun- 
 try. Men are not coming here to buy the poor, uncultivated, lands, that now 
 belong to the State; because, they can buy improved lands in other States. 
 The fact that a majority of the fine lands in the State cannot be sold, even by 
 the owners, because of liens they cannot remove, retards immigration, and 
 drives it to other States. These valuable mortgaged lands are held by men 
 who robbed the State of millions of dollars, and who are largely indebted to 
 her to-day. Then, let the State pursue such a course as will compel them to 
 disgorge their ill-gotten gains ! Force this land into market, and you have 
 accomplished a thing that will entitle you to the gratitude of the State for all 
 time to come. 
 
 "What general financial scheme has been devised and put in operation for the pur- 
 pose of meeting said claims, and maintaining the public credit?" 
 
 In 1861, the bonds then due, were held by the Treasury of the United States, 
 and the only "financial scheme" devised or put in operation for their payment, 
 was, secession. 
 
 The maturity of these bonds,' and the fact that not one cent of interest had 
 been paid for twenty years, was a thing that could no longer be kept from the 
 people who had been so long deluded. 
 
 Having misappropriated and squandered the liberal donations given the State 
 by the General Government, and having ruined and involved the State, it re- 
 quired no sacrifice of conscience to involve the people in civil war, if it would 
 but divert the odium to which the leaders of the secession movement in the 
 State were so justly entitled. 
 
 To-day we find the men who have been guilty of these most atrocious 
 crimes, with the insidious smile of an lago appearing before the public as the 
 advocates and defenders of the "White Man's Party;" appealing to the preju- 
 dice of two and a-half centuries, to perpetuate the concealment of robberies, 
 seldom seen, and never excelled, in the history of the world ! 
 
 For years the levy of the State tax was light ; the people thought that the 
 government was well and economically managed. 
 
 By letting the bonds run for twenty years without paying any interest, and 
 the people not seeing any appropriation for payment of interest on these 
 bonds, in the disbursement of the public funds, it is not strange that they for- 
 got the indebtedness of a prior generation. This delusive system, and the con- 
 tinual boast of gold in the Treasury, lulled all suspicion or inquiry until the 
 
 ( 487 ) 
 
1868.] DEBATES AND PEOCEEDIKGS OF THE [Wednesday, 
 
 Invitation to Ladies.— SMITH— GEBT. 
 
 fatal day ; and then came rebellion, and the disasters that are being felt through- 
 out the land. 
 
 Crime may prosper and riot for a time, but the avenging hand of a just God 
 has now overtaken them ; and the retribution of sorrow and suffering visited 
 upon the people, is a lesson all should heed. 
 
 In relation to the school-fund, we refer to the Eeport of the Auditor^of 
 State, hereto annexed : 
 
 Atjditok's Office, 
 Little Rock, Ark., February 1, 1868. 
 To THE Chairman of the FiNAifCE Committee — Sir; 
 
 *« * * * « * * * *'*'* 
 
 The only school-fund the State ever had, was, the proceeds of the sales of the Saline lands, 
 and the seventy-two sections of Seminary land. This fund was distributed, from time to time, 
 among the counties, for common school purposes, under Acts of 5th January, 1849, and the 11th 
 January, 1853. In April, 1861, there was belonging to that fund, in the hands of the State 
 Treasurer, the sum of $4573.24, of which the sum of $1348.50 was distributed among the 
 counties, and the balance, $3224.74, was placed in the hands of W. H. Etter, as agent of the 
 State, with which to purchase medicines, etc. The goods purchased were lost between Browns- 
 ville and Ban Antonio, Texas, in May or June, 1865. 
 
 ************ 
 
 Respectfully, "W. R. Miller, 
 
 Auditor of Arltansas. 
 
 Mr. MALLORY moved that the Report be laid upon the table, that 
 one hundred copies be printed for the use of the members of the Conven- 
 tion, and that it be made the special order of the day for Saturday, Feb- 
 ruary 8th. 
 
 The question was taken ; and the motion was agreed to. 
 
 INVITATION TO LADIES. 
 
 Mr. SMITH offered the following resolution : 
 
 Whereas, It has been customary heretofore for the ladies to attend the ses- 
 sions of deliberative bodies in this Capitol; 
 
 Therefore resolved: That the Convention cordially invite them to favor this 
 body with their presence. 
 
 Mr. GREY, of Phillips, moved that the resolution be further amended 
 by the addition of a provision that the necessary arrangements be made 
 for their reception. 
 
 The question was taken ; and the amendment was agreed to. 
 The question was then taken on the resolution as amended; and the 
 motion was adopted. 
 
 ( 488 ) 
 
Feb. 5th.J AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Mileage — The Keports of Standing Committees — Intermarriage of the Kaces. 
 
 MILEAGE — AGAIN. 
 
 Mr. SIMS offered the following resolution : 
 
 Besolved : That each member of this Convention shall certify, on honor, to 
 the Secretary, the actual number of miles travelled by the most- practicable 
 route furnishing public transportation in coming to the Convention. 
 
 The question was taken ; and the resolution was adopted. 
 
 THE REPORTS OP STANDING COMMITTEES. 
 
 Mr. EVANS offered the following resolution : 
 
 Besolved: That all standing Committees not having heretofore reported to 
 this Convention, be, and they are hereby, severally-instructed to hand in their 
 respective reports to the Committee on the Constitution, its Arrangement 
 and Phraseology, at the earliest possible moment. 
 
 Mr. CYPERT. I want to understand that resolution. Does it require 
 the various committees to hand their reports directly to the Committee 
 on the Constitution, its Arrangement and Phraseology, before referring 
 them to the Convention ? 
 
 The PRESIDENT. Such as are not already handed in. 
 
 Mr. CYPEET. I desire to have the proposition distinctly placed before 
 the Convention, for the reason that in the case of one committee it is 
 understood that there will be two reports. 
 
 The PRESIDENT. To which committee does the gentleman refer ? 
 
 Mr. CYPERT. That on the Elective Franchise. I would not like to 
 have the Minority Report go to a committee where it could never be prop- 
 erly disposed of in any way. 
 
 The question was taken ; and the resolution was not agreed to. 
 
 INTERMARRIAGE OF THE RACES — AGAIN. 
 
 Mr. HINDS offered the following resolution : 
 
 Besolved: That this Convention is utterly opposed to all amalgamation 
 between the white and colored races, whether the same is legitimate or illegit- 
 imate. We would therefore recommend that the next General Assembly enact 
 such laws as may effectually govern the same. 
 
 Mr. BRADLEY. I shall certainly oppose the adoption of that resolu- 
 tion. I do not want to say any more, on that subject, than we have already 
 
 ( 489 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Races.— BEADLE Y— HODGES of Pulaski— HINDS— BROOKS. 
 
 said. But I am very unwilling to have a wad of raw cotton placed in my 
 mouth, to chew on, while the people are swindled with false pretences. 
 What have we to do with instructing the future Legislatures ? We have 
 nothing to do with them, except to insert in the fundamental law of the 
 land a basis upon which they may predicate their action. There is no 
 other earthly reason for our being here to-day, except to settle every part 
 and particle, every word and syllable, of the negro question. But for 
 that, we would never have been here. There never would have been a 
 Military Bill passed, but for this question. And if the Convention is 
 unwilling to fix the true status of the two races, I will vote against re- 
 questing the Legislature to pass such a law as is here contemplated. It is 
 just as likely as not, that the Legislature to which it is proposed to refer 
 the consideration of this subject, will emanate from as extreme a Radical 
 source as this Convention. I here enter my protest against the resolution, 
 as another species of the demagogism that constantly emanates from that 
 inexhaustible source. 
 
 Mr. HODGES, of Pulaski, asked for the yeas and nays. 
 
 Mr. HINDS. I wish to say a word on the resolution offered. I ex- 
 pected, as a matter of course, that the gentlemen on the other side of the 
 house would unite with us in at least one proposition before the close of 
 the session ; and I must say that I am very much surprised that the gentle- 
 man from Bradley [Mr. Bkadley] should oppose a measure which I sup- 
 posed him, a few days ago, to be defending. The resolution declares, 
 simply, that the Convention, as such, is opposed to the amalgamation of 
 the races, whether the same be legitimate or illegitimate, and that we 
 recommend the enactment of such laws as will more effectually prevent the 
 same. I am surprised, I repeat, that the gentleman should place himself 
 in opposition to the resolution. So far as this side of the house is con- 
 cerned, they favor a resolution of that kind, I am satisfied ; and I supposed 
 it would not be opposed, at least by the gentlemen opposite. 
 
 Mr. BRADLEY. I wish to set myself right. I am not contradicting, 
 at all, the position that I took the other day. If the gentleman [Mr. 
 Hinds], and the other gentlemen on that side of the house, are opposed 
 to miscegenation and amalgamation, as is asserted, I would like to know 
 why it is that they cannot lay down a plank on that subject, now, instead 
 of leaving it to future legislation. If he were sincere in his opposition to 
 miscegenation, he would not propose to make the Legislature, over which 
 we have no jurisdiction, 
 
 Mr. BROOKS. I rise to a point of order. It is not in order for any 
 gentleman to reflect upon any other gentleman's motives — his sincerity or 
 insincerity. 
 
 Mr. BRADLEY. The gentleman accused me, the other day, when I 
 introduced a certain resolution, of coming here to throw a firebrand into 
 ( 490 ) 
 
Feb. 5th.] AEKANSAS COlSrSTITUTIONAL CONVENTIOlSr. [23d Day. 
 Intermarriage of the Eaoes.—COKBELL— KYLE— HODGES— CYPEET—GEET. 
 
 the Convention ; and he now calls me to order for questioning gentlemen's 
 motives. "Was not that questioning motives? 
 
 Mr. CORBELL offered the following resolution, as a substitute for that 
 before the Convention : 
 
 Resolved : That this Convention do insert a clause in the Constitution, which 
 will forever prohibit intermarriage between the white persons and negroes or, 
 persons of African- descent; and that they vote instanter, and the adoption or 
 rejection of this resolution, as- the case may be, be called for by yeas or nays of 
 the members of this Convention. 
 
 Mr. KYLE. I propose, in lieu of both the original resolution and the 
 substitute, the following 
 
 OEDINANCE. 
 
 Be it Ordained by the people of the State of Arkansas in Convention assembled .- 
 That the amalgamation of the white and African races is contrary to nature 
 and the law of God. 
 
 Therefore, The Legislature shall pass such laws, with suitable penalties, pro- 
 hibiting and punishing persons solemnizing such marriages, as well as those 
 persons contracting them, in this State. 
 
 "Which was read a first time. 
 
 Mr. HODGES, of Pulaski. I do not know but that would be a very 
 good ordinance ;'but it seems that its doctrines must admit of some excep- 
 tions ; for I think, from some appearances, that the practices denounced 
 have been in accordance with nature. 
 
 Mr. CYPERT inquired if the substitute was amendable. 
 
 The PRESIDENT replying that the Chair so considered it, 
 
 Mr. CYPERT said : In lieu, then, of the direction or command to a 
 future Legislature, I move that the Committee on the Constitution be 
 hereby instructed to incorporate into the Constitution a clause prohibiting 
 amalgamation of the races. 
 
 "We can have no control over a Legislature, except through the provisions 
 of the Constitution which we may frame. Our instructions to them would 
 be nothing. 
 
 Mr. GREY, of Phillips. I did'think I would offer a substitute for the 
 whole of the propositions before the Convention. In looking at the matter 
 from my point of view, I am sorry to find that the question seems to be 
 one of so much importance to gentlemen, that it should become a bugbear 
 at this late day, after the history of the past two hundred and fifty years. 
 It seems that some of our sages have made some extraordinary discoveries, 
 in their investigations of the last few years, in regard to the laws of God 
 on this subject; and having broken those laws, I should think they ought 
 first to repent, before proposing any amendments ! 
 
 ( 491 ) 
 
1868.] DEBATES AND PEOOEEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Eaces. — GEET. 
 
 As far as the intercourse between the races is concerned, there is no 
 gentleman here, whatever may be his opinions, that objects to it more 
 strenuously than I. I am willing that you shall make any enactment on 
 the subject, outside of the organic law; but, sir, let that be, equality before 
 the law. Do not touch that sacred instrument, by inserting anything that 
 indicates class legislation, anything that puts in an entering wedge that 
 may hereafter split the whole concern into a thousand pieces. (I pre- 
 sume I saw an indication of it, the other day, in the papers.) You 
 find nothing of the kind in the constitutions of the Northern States; and 
 yet their legislatures enact laws against such evils, and those laws are 
 carried out, and executed. I cannot see how it is possible that what does, 
 for other States, whose experience in this matter, I suppose, is as good as 
 our own, cannot be taken as precedents, by us. Why is it necessary that 
 the organic law of the land should contradict the very purpose for which 
 we are assembled? If this Convention means to come up to "the stand- 
 point of the people that they represent, if they intend to be true to their 
 constituents, in giving equal I'ights to all, before the law, let that be done 
 in the organic law of the State. Let that law give freemen perfect equal- 
 ity, before itself; and if it is necessary, — ^if the danger is so imminent, 
 that the two races will collide and come together, that the one will lose 
 its beautiful color (or, rather,' that the two extremes shall be turned into 
 some color — for I hold, with some philosophers, that neither black nor 
 white are colors, but the extremes of all colors), — the Legislature, meeting 
 here from time to time, may enact such laws as may be requisite. In re- 
 gard to laying down the line of demarcation, as proposed in the resolution 
 offered by the gentleman from Pulaski [Mr. Hinds], expressing our dis- 
 approval of miscegenation, and declaring that the Legislature here as- 
 sembled after the ratification of the Constitution, shall make such laws as 
 they see necessary, for its prevention, be it legitimate or illegitimate, I 
 am willing that such should be the case. But I am utterly opposed to the 
 insertion, into the Constitution, of any piece of prejudice that shall give 
 evidence that men have not outgrown their swaddling-clothes. The pride 
 of race has been sufficient heretofore. In twenty-six States of the Union, 
 they see no necessity of incorporating any such provision in the organic 
 law. How is it possible, with these examples before them, for gentlemen 
 to see the necessity of the adoption of the proposed feature in our Con- 
 stitution ? If equality before the law is such a bugbear, if gentlemeti 
 think it includes social equality, and if no amount of reading or logic can 
 separate the two things, in their minds, why then I have to say, as I 
 have said before,— if I get anything, I want the full bill paid, and I will 
 give a receipt in full. I want equality before the law ; and I do not pro- 
 pose to abate one jot or tittle of that. If gentlemen do not think it time 
 to pay the debt, then postpone the payment until we can get it. I think 
 ( 492 ) 
 
Feb. 5th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Intermarriage of the Kaoes. — GEET. 
 
 this is a side issue; and we have been misused and abused by these side 
 issues, North and South. They may serve a purpose, for the production 
 of campaign documents ; but I do not think they come up to the measure 
 of statesmanship. If we propose to make an organic law upon the solid 
 adamantine foundations of justice, upon the basis of equality before the 
 law, and rights for all men, let us do so. If we are to higgle upon the 
 forty-ninth corner of a Constitutional hair, and to pander to the prejudices 
 of a few voters who have not been educated up to the present point of 
 enlightenment, these gentlemen have a right to wait — they have a right to 
 vote for or against the Constitution. If they can see anything, in the Con- 
 stitution, that encroaches upon their privileges, as honest men they have 
 the right to vote against it. It seems to me that at this day it is not an 
 argument that should be brought before a body like this, by men repre- 
 senting the talent of the people of Arkansas, men of proved valor, and 
 patriotisnl, approved on many a well-contested field, and in the forum as 
 well. Yet such men as these are now afraid of miscegenation from four 
 millions of negro slaves ! When those people were in their houses, enjoy- 
 ing the privileges of the inner courts of their temples, as it were, then 
 there was no danger of miscegenation ; but now, because, in the progress 
 of the nineteenth century, the negro has come up from the substratum, 
 and claims, in the sentiment of the world, a place among men, we propose 
 to lop off, little by little, here and there, those rights which they have at 
 length obtained ! I do not believe there is any more danger of social in- 
 tercourse between the two races, than between the nobility and peas- 
 antry of monarchical governments. There is no more danger of such a 
 thing taking place here, than of a noble of Russia marrying one of his 
 serfs. And I believe, to-day, that it is simply prejudice that can induce 
 the fear; I believe it is a hobgobhn, that is held up before gentlemen's 
 minds, that if they stand up and maintain the equal rights of all men 
 before the law, and fail to insert in the organic law of the land a line of 
 demarcation, to tell where one man's privileges shall cease and where 
 another's shall begin, — their people, their constituents, will not support 
 them. I am willing to trust to the good sense of the American people. I 
 believe there is sufficient intelligence among them, to discriminate prop- 
 erly. And if the Legislature, of whatever element it may be composed, 
 shall be largely composed, as it will be, of white men, at least, and your 
 own people,— however radical its members may be, I do not believe that 
 body will contain white men who will in any way favor the amalgamation 
 of the races. Blood is thicker than water— the tie of consanguinity may 
 be depended upon, I think. Whatever may be gentlemen's opinion, they 
 can at least trust their interests, in this regard, in the hands of white men. 
 Let the Legislature make such a law as is desired : let it not be incorpo- 
 
 (493 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Wednesday, 
 
 Intermarriage of the Kaces.—GBEY— KYLE— HODGES of Pulaski. 
 
 rated with the organic law of the land, for that would at once deny the 
 assertion that you give equal rights, before the law, to all men. 
 
 Entertaining these views, I shall vote against the insertion, in the Con- 
 stitution, of any such clause. Make your recommendation to your Legis- 
 lature — you have a right to do so; but do not encumber your Constitu- 
 tion with any such provision. 
 
 Mr. KYLE. I wish to hear the amendment of the gentleman from 
 White [Mr. Cypert] read. 
 
 The SECRETARY read the amendment offered by Mr. Cypert. 
 
 Mr. KYLE. I do not see much to object to, in the amendment. 
 
 But, sir, whilst on my feet, I must be allowed to controvert, to some 
 extent, the position assumed by the gentleman from Phillips [Mr. Grey] 
 in assuming that there is no necessity for inserting in the organic law any 
 provision upon this subject, but that any Legislature may take the ques- 
 tion into consideration, and may legislate properly in regard to it, so as 
 to prevent the intermarriage of the races. The latter proposition, I hold 
 to be true. I believe the Legislature will have the power that all legisla- 
 tures have, the power of legislating upon questions of that nature, looking 
 to the better organization of society, and the correction of the evils that 
 exist in society. But whilst I believe that, I do believe, also, that it is 
 necessary for us to do something here, in this connection, requiring the 
 Legislature to take the subject into consideration, and to pass such laws, 
 with suitable penalties attached, as may be necessary in order to prevent 
 the amalgamation of the races. 
 
 Gentlepen suppose amalgamation to be a thing so repulsive in its 
 nature, that it will take place but very rarely ; and some gentleman I heard 
 assert, here — 
 
 Mr. HODGES, of Pulaski. I wish to ask the gentleman a question. 
 Supposing we pass such a law, in this State, as he desires ; will that reach 
 other States ? 
 
 Mr. KYLE. No, sir. 
 
 Mr. HODGES. Suppose a person should go to another State, marry, 
 and return here— what shall we do? Shall we prohibit immigration to 
 the State ? 
 
 Mr. KYLE. Yes, sir; such persons ought to be so prohibited. 
 
 A MEMBER [in his seat.'] You are right ! [Applause.] 
 
 Mr. HODGES. Would such a Constitution be republican in form ? 
 
 Mr. KYLE. Yes, sir; it would be republican in form, in my estimation. 
 
 Sir, a great deal has been done for this race of people. They have been 
 taken from the bonds of servitude, and made free. I myself say Amen to 
 it. I am in favor of all that; and I would do nothing in the world that 
 would re-enslave them. I have said and done everything looking to pre- 
 serve their peace and rights. I have said it was right to make them equal 
 ( 494 ) 
 
Feb. 5th.J AEKANSAS CONSTITUTIONAL CONTENTION. [23d Day. 
 Intermarriage of the Eaces. — KYLE. 
 
 in the courts of the country. I have said, — Give them their political 
 rights. I will vote to give them their political rights ; v^ith suitable quali- 
 fications on their vote, as vi^ell as on that of white men, hereafter, if they 
 are not properly qualified to vote. I have a proposition prepared, which I 
 propose, at a suitable'time, to ofter. But as for saying that they must be 
 brought up upon an equality, socially, with the white race, I never will 
 give my assent to it. And to say that there is no danger of that, is going 
 a little too far; for my own observation has been, within the short time 
 that they have had their liberty, that it is the highest climax of their 
 aspiration, to come up, socially, on an equal footing with the white race. 
 To use their own language, which I have myself heard from some of 
 them, — " the bottom rail has got to the top." I have myself heard that sort 
 of language, among them; and although they were ignorant, and I knew 
 they were liable to run into excess, and make mistakes, and I could there- 
 fore well overlook things of that kind, yet it is true that this state of 
 feeling exists. Gentlemen have asserted, upon this fioor, that they had no 
 fear of their parlors being coarsely intruded upon by gross citizens of a 
 different race. Neither have I any fear of mine being intruded upon. 
 None at all ; for I hope I have raised my family in such a way that an 
 intrusion from one of those colored persons would be repelled at once. 
 And the very circumstances that surround some families, and the society 
 in which they have walked, and the tone of which characterizes them, 
 repels, at once, any approach on the part of such individuals. But, sir, 
 where are the unfortunate — where are the helpless creatures, the inhabi- 
 tants of the hovels scattered about over the country — the " poor white 
 trash," if you please, as they have been styled by some ? Who is it that 
 is to protect them from further social degradation. They are unprotected. 
 And we know that fortune is fickle. These colored people will acquire 
 popularity, they will acquire money, they will acquire lands, after a while, 
 and position in society. The very fact of the first-named acquisitions will 
 give them position in society; and they can insidiously make their advances 
 to these unfortunate and helpless persons, and, by the use of their power, 
 can mislead and misguide them, into error and folly; and, indeed, such an 
 occurrence did take place in my own neighborhood, last Fall, within eight 
 miles of my present home. A negro who had been in the employment of 
 a certain man, misled an unfortunate step-daughter of his employer, a girl 
 who had been raised not as my daughters, I trust, have been, or the daugh- 
 ters of gentlemen whose parlors would repel such associations. This negro 
 started to run away with the unhappy girl, and did actually take her from 
 her father's home; but he was pursued by a dozen men, and his bones lie 
 bleaching, to-day, in Leaufraite Bottom. [Applause on the left] Sir, if the 
 doctrines which we have heard advocated here, of antagonism to any such 
 prohibition as is asked, shall prevail, it will lead to occurrences of this sort. 
 
 ( 495 ) 
 
.1868.] DEBATES AND PEOCBBDINGS OF THE [Wednesday, 
 
 Intermarriage of the Eaces.— KTLE— YPBBT. 
 
 / 
 
 The people expect this Constitutional Convention to take some direct 
 action on the subject. They expect the question to be referred to the 
 proper legislative authority, with a binding injunction, upon that body, to 
 provide for the punishment of all persons entering into such marriages, 
 and of those who shall solemnize the contract. The public mind is agi- 
 tated upon this subject. Why, sirs, do we want our Constitution adopted? 
 I hope we do. We want to go out before the country as having done 
 our duty, and framed the best instrument that we could, — one that should 
 commend itself to the good sense of the people, one that should so recom- 
 mend itself as to secure its adoption by the people, and secure to us a 
 State government that will possess some permanency; for in all govern- 
 ments, it is their permanency that gives security to life, liberty, and prop- 
 erty. And unless we shall place ourselves upon the basis of these princi- 
 ples, where can this element of perpetuity be found? Can we secure 
 the ratification of any constitution that shall disappoint these expectations 
 of the people. No, sir; we cannot. And for the sake of obtaining the 
 ratification, by the people, of the Constitution, we ought to cease quibbling 
 ahout this and that measure being essentially desirable, and, especially on 
 a subject where the people believe, and, as I think, rightfully believe, 
 there is danger, insisting upon it that there is no danger. 
 
 Sir, human nature is the same to-day as it was six thousand years ago 
 — the very same. Arouse the passions of men, and what are they ? Why, 
 sir, look back at the late rebellion, and see what enormities have been 
 perpetrated by mankind. I say, to-day, fearless of contradiction, that man, 
 possessing reason, is. the most unreasonable creature of which we have 
 any knowledge. Brutes are true to instinct and nature; but man, when 
 his passions are aroused, and unrestrained by the grace of God, is the 
 meanest creature that walks the face of the earth. There must, be some 
 •restraining influence thrown around men, both black and white. I say I 
 believe -it is contrary to nature, and to the laws of God, that an amalgama- 
 tion of races should take place.^ I do not wish to consume the time of the 
 Convention in an argument to show the grounds of this belief; that is a 
 species of arg'iiment that I do not wish to introduce here. But I repeat, 
 that while I am willing to give the black man his rights, civilly and politi- 
 cally, I say there is a line of demarcation — to use the language of the 
 gentleman from Phillips,— that sufiiciently separates the races; and they 
 should be kept separate and apart, so far as the restraining influences of 
 law will go. And whilst I have not a great deal of objection to the amend- 
 ment of the gentleman from White [Mr. Cypbrt], I would rather have 
 adopted the Ordinance which I offered; and I shall insist upon a vote on 
 its adoption. 
 
 Mr. CYPEET. I do not wish to present any argument in addition to 
 what the gentleman [Mr. Kyle] has said. He has elaborated the subject 
 ( 496 ) 
 
Feb. 5th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Intermarriage of the Eaces.— CTPEET— GEBT. 
 
 more ably than I can ; but for the satisfaction of his mind, I will show the 
 effect which I wish to produce by the adoption of the amendment I have 
 proposed. The Constitution will provide that marriages between the 
 parties shall be illegal. It follows, as a necessary consequence, that the 
 Legislature shall provide the necessary penalties for enforcing the prohibi- 
 tion. It is not proposed that the Constitution shall provide penalties. 
 That instrument will declare the cohabitation illegal ; the penalties will 
 thereupon be provided by the Legislature. 
 
 Mr. GrREY, of Phillips. Allow me just one word, in answer to the 
 remarks of the gentleman from Dallas [Mr. Kyle.] As usual, I j&nd 
 the whole sentiment upon the subject to turn upon one point. The gen- 
 tleman himself admits he is entirely out of the reach of any such influences 
 as those which he deprecates ; and all intelligent men are in the same 
 situation. He claims this proposed provision of the Constitution for the 
 poorer class of white men. Let me read from a little memorandum that 
 I have here, in regard to the legislation of Virginia, respecting this class 
 of people. About the year 1836, the United States had more money than 
 she knew what to do with. She proposed to divide it among the States. 
 Nothing was said about the share of Virginia, until 1850, when it was 
 proposed, by the House of Representatives, that the fund should be ac- 
 cepted, and used to establish schools for the poor white people. The Hon. 
 Mr. Garland rose in his place, and said he would rather see the children 
 of Virginia rot, than to take that money for the purpose of a school-fund. 
 
 The gentleman uses an illustration to show that some damage is to re- 
 sult from an omission to incorporate in the Constitution a provision on 
 this subject, and that such transactions meet their just deserts. That is 
 all right enough. And when, — as he himself remarks, — a man attains 
 wealth, knowledge, and social position in the world, can he, or any other 
 man, prevent that man associating with any other whom he chooses to 
 accept as his associate ? I have a little anecdote, to relate here, of an inci- 
 dent that took place in ISTew York. A New York merchant held commer- 
 cial intercourse with Honduras. A merchant there had shipped to him 
 large quantities of dye-stuff. Trade had been going on between the two, 
 by the medium of letters, for a number of years. The Honduras merchant 
 at length determined to go to New York and see his correspondent, 
 taking with him letters from his mercantile friends. He entered the 
 office of the gentleman, who stood for some time perfectly astounded, at 
 the visit, ignorant of the fact that this was his Honduras correspondent. 
 At last he turned down his spectacles, and asked the visitor what he 
 wanted. The letters were produced ; and he was profoundly surprised to 
 find that this was the gentleman who had shipped him stuff to the amount 
 of a hundred and fifty thousand dollars a year, from his house. " Take a 
 seat." The visitor sat down; and after some conversation the merchant 
 
 32 { 497 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Kaces. — GKEY-. 
 
 accompanied him back to the hotel, and found it almost impossible to 
 avoid asking him to call at his house. He " did the courteous," and pro- 
 posed that his visitor should go to church with him on Sunday — I presume 
 they were Episcopalians. He took the gentleman to church with him, 
 on the Sabbath. Now, he and a neighbor occupied a pew together, for 
 which the two paid ; and the latter, entering the church and seeing in the 
 pew this gentleman of dark complexion, became very indignant. At the 
 close of the services, he stood waiting outside the church-door, to ask 
 an explanation. ■ " Look here, sir ! you have had a nigger in my pew, 
 to-day !" " Well, friend, it was imposible to get along without it — he is 
 doing a large amount of business with me ; and as he is a stranger in the 
 city, and brought letters, I couldn't avoid inviting him." " It makes no 
 difierence — he's a nigger!" "But he is an ecjucated man, and a perfect 
 gentleman." "It makes no difierence — he's a nigger!" "He is worth 
 five hundred thousand dollars, and does a business of many hundreds of 
 thousands of dollars a year. I was going to bring him around, to-morrow, 
 and introduce him," "Is that so? — You must bring him around." 
 [Laughter.] 
 
 I have seen the workings of the same principle, right in this country. 
 I can take you, in this country, where there are negroes, — somewhat 
 bleached out, — worth from one hundred to five hundred thousand dollars; 
 and since they have been free they have never allowed their blood to be 
 tainted any more. These facts go to show, as the gentleman asserts, and 
 as I will admit, that a repugnance exists. There is no means of direction 
 except that of giving an interest. When I do a day's work for a man, and 
 he pays me for it, our connection ceases. Give our children education, 
 and yours. And if there are laws of God, that cannot be violated without 
 injury to both, — if there are laws of God, and this repugnance exists, — 
 that fact should itself be sufficient, to keep up the line of demarcation. 
 
 As far as regards putting the negro upon an equality with anybody,— 
 that is an impossibility. White men are not on a social equality with 
 each other. There are hundreds of thousands of white men of as good 
 Saxon lineage as any in this house, that never dare attempt to cross your 
 threshold. And I have seen negroes as black as Erebus having perfect 
 access to the house, when white men stood in the entry, with their hats 
 in their hands. There is no social equality between yourselves : how can 
 we expect it? 
 
 I do not argue thus because I am not utterly opposed to amalgamation. 
 But it does seem strange to me that gentlemen oppose it only when it 
 takes place in a legitimate form. They make no opposition to it when 
 manifesting itself in an illegitimate form. They do not propose to punish 
 anybody for illegitimate intercourse. Is that fair ? If we are to have in- 
 serted in the Constitution a clause forbidding legitimate connections be- 
 ( 498 ) 
 
Eeb. 5th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Intermarriage of the Eaces. — GEEY. 
 
 tween members of the two racevS, ought we not also to forbid the illegiti- 
 mate intercourse? Surely the latter is just as vicious and harmful. 
 
 There is another difficulty. As before remarked, the great trouble, in 
 settling this question, has been with regard to the question of State sover- 
 eignty. Shall the great central Government of this country be indeed the 
 centre, the sun, of this solar system of States? In a word, shall a citizeu 
 of the iTuited States be a citizen, also, in the State in which he resides, 
 and enjoy all^ the privileges and immunities secured, by the National 
 Constitution, to a citizen of the United States ? That is the question — 
 not the difl'ereuce between the races — that is a sanitary idea, and sinks 
 into insignificance, in comparison with this great question of equal and 
 impartial citizenship, in accordance with the principles of the Constitution 
 of the United States. Take the case of North Carolina, where, when a 
 man is one-sixteenth black and fifteen-sixteenths white, he is a white 
 man, and, under the laws of the State, has a right to marry whom he 
 pleases. According to the laws of Virginia, before the war, a man 
 seven-eighths white could go before any court, prove that fact, obtain his 
 papers witnessing the fact, and pass out, into the world, in equality with 
 the white man, in all social and political rights. That was in a slave 
 State, when slavery was at its height and bloom. Has a negro a vote, in 
 the State of Ohio ? According to the laws of the State of Ohio, to-day, it 
 is held that a man must be either white or black : if he is more white than 
 black, then he is a white man; if he has more of black blood than of white, 
 then he is a negro. The law of Louisiana, before the war, was, that a child 
 born of a white mother follows the condition of the mother. No matter 
 what the color of the child, in that case, it became a free white man or 
 woman. I have known hundreds and thousands of black men, in the 
 State of Lousiana, — right in the city of New Orleans,— to get their papers, 
 before the law, with the great seal of the State thereon, testifying to that 
 fact. They passed out in the world, and had the right to circulate and 
 associate in any company they chose. 
 
 I do not propose to favor any regulation requiring that,there shall be 
 fifteen-sixteenths, or sixteen-sixteenths, of white blood — that makes no dif- 
 ference to me — no diflference in the world. As I before remarked, I am 
 opposed to miscegenation; but at the same time, the difficulty arises here: 
 — will we pander to prejudice, and insert in our Constitution a clause that 
 will come in conflict with the Constitution of the United States, with the 
 spirit of the age, and the rights of humanity, and this simply for the sake of 
 pandering to the prejudices of a few, for the time being? This course will 
 not protect the white man. Education, wealth, and political prejudices, con- 
 stitute the protection of the white man. He has the right of the ballot; and 
 if he has that, that protects him, and not any side issue with regard to the 
 races. Let me say to the gentleman, that with the public-schools all over 
 
 ( 499 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Wednesday, 
 
 Intermarriage of the Kaees.—GEET— MATTHEWS— CTPERT— KYLE. • 
 
 the land, with the growth of intelligence, such prejudices and ideas will 
 vanish like the baseless fabric of a dream. It is my desire, simply, that the 
 Constitution that we make may not, in any short period, need amendment, 
 and require the people of the State, through their representatives, to be 
 again called together to form a new constitution. Let it be built upon 
 the solid foundation of justice and right; and if these prejudices must be 
 pandered to for the time being, let it be by the enactment of the Legisla- 
 ture, — I say, the enactment of the Legislature; for as for giving such action 
 the title of law, I have never had sufficient patience to do it — I believe, with 
 Socrates, that law is an entity, a part of the Deity — I believe that when 
 it ceases to accord with the eternal and unchangeable truth, it is "not law, 
 but only Latin." Keep the organic law of the land clear, and we can 
 strip it of these side issues, and I have no doubt of the result before the 
 people. The white people of this country have always protected them- 
 selves against these encroachments; and indeed, as far as that is con- 
 cerned, it has been attempted, and in a great measure with success, to 
 engender, between the poor white people of the State and the negro, a 
 bitter prejudice. That flame has been fostered and blown. Li real truth, 
 their interests and ours are united. For their hopes of wealth, intelli- 
 gence, and influence, for their power, both of those classes must depend 
 on the organic law of the State. If that organic law places within their 
 reach the means of education for their children, the opportunities for the 
 development of their intellect, the opportunity to "work their way up" 
 in the world, they may soon come to take their place among the races of 
 men, and among the leaders of their people. 
 
 Mr. MATTHEWS. With the consent of the gentleman from Dallas 
 [Mr. Kyle], I oflfer the following as a substitute for both his proposition 
 and that of the gentleman from White [Mr. Ctpbet.] 
 
 The PEESIDENT. A substitute will be out of order. As many amend- 
 ments are already before the Convention, as can be entertained at one 
 time. 
 
 Mr. CYPERT. We are willing to withdraw. 
 
 The PRESIDElsTT. In that case the gentleman's [Mr. Matthews'] 
 substitute will be in order. Is the substitute offered by the gentleman 
 from Dallas [Mr. Kyle] withdrawn ? 
 
 Mr. KYLE. Yes, sir. 
 
 Mr. MATTHEWS then offered the following substitute for the resolu- 
 tion before the Convention : 
 
 Besolved : That the Committee on the Constitution be directed to report the 
 following ordinance, as a part of the Constitution : 
 
 Be it ordained : That any marriage between a white person and one of negro 
 or mixed blood shall be void in this State, without regard to where the same 
 ( 500 ) 
 
Feb. 5th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 
 Intermarriage of the Eaces. — BROOKS — WHITE. 
 
 was consummated; and that it is hereby made the duty of the Legislature to 
 enact such laws as will prevent miscegenation. 
 
 Mr. BEOOKS. I would like to inquire the state of the question. 
 
 The PEESIDENT. The gentleman from Sevier [Mr. Corbell] offers 
 a resolution as an amendment to the resolution of the gentleman from 
 Pulaski [Mr.» Hinds.] The substitute thereto offered, and the amend- 
 ment to the substitute, having been withdrawn, this resolution is now 
 offered as a substitute for the whole. 
 
 Mr. WHITE.* — I did not think that I would have anything to say upon 
 this subject — that of amalgamation ; — but the gentlemen on the other side 
 of the house have forced me to say a few words in defence of my position. 
 I shall try, however, to avoid a superfluous consumption of the people's 
 time. < 
 
 I desire to say that the resolution of the gentleman from Pulaski [Mr. 
 Hinds] meets the entire approbation of the colored people. Mr. President 
 and gentlemen of the Convention, I sincerely hope that some plan will 
 be put in operation that will effectually prevent all illicit intercourse; but 
 I cannot agi-ee with the gentleman from Dallas [Mr. Kyle], in the idea 
 that he has set forth, for I would not so underrate the virtue of the white 
 women of this State. 
 
 I cannot think that the extension of the right of suffrage to colored 
 men could be construed as opening the parlors of white people to a forcible 
 entrance of colored men; but, on the contrary, their virtue and pride of 
 race will be, as it has ever been, a sufficient safeguard to protect them 
 from anything like social intercourse. Mr. President, allow me to ask the 
 gentleman from Dallas who is to blame for the present state of affairs ? 
 When I look around, I see an innumerable company of mulattoes, not 
 one of them the heir of a white woman. This is satisfactory evidence of 
 the virtue of white women, if we be allowed to judge the future by tjie 
 past. In the late bloody war these gentlemen left their wives and daugh- 
 ters in the care of colored men for four years, and I defy the gentleman 
 to cite me a single instance where they have failed to live up. to their 
 integrity. G-entlemen, the shoe pinches on the other foot. The white 
 men of the South have been for years indulging in illicit intercourse with 
 colored women, and in the dark days of slavery this intercourse was in a 
 great majority of cases forced upon the innocent victims ; and I think the 
 time has come when such a course should end. 
 
 * Note. — It may be desirable that somewhere in the course of the Eeport should appear 
 this statement: that (in accordance with custom), in the few cases where a member has 
 thought proper himself to write out, or to revise, his remarks, not substantially modifying 
 the ideas, omitting no interpolations of others, and changing no expression which has given 
 rise to subsequent remark, such revised speech has been substituted for the transcript from 
 the short-hand notes. — Eepoetee. 
 
 (501 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Wednesday, 
 
 Intermarriage of the Races.— WHITE— HODGES of Pulaski. 
 
 When we look around us we see the bad results of this course, when 
 two families, one colored and one white, with the same blood coursing 
 through their veins, are taught to disregard the family relation ; and yet 
 it is common through all the Southern States. Can this be anything else 
 than an evil growing out of human slavery? I think not. We are free 
 in the liTorth, and have been for many years; and there is as little prospect 
 now as there ever was of the two races becoming socially identified. The 
 Yankees will preach with us, pray with us, sing with us, and advise us to 
 vote, the Republican ticket; but they are by no means prepared for social 
 equality. So far as the IsTorthern ladies are concerned, they are like the 
 sensitive plant, — they shrink from the most distant allusion to it. 
 
 But, Mr. President, this argument serves to arouse the prejudice of the 
 ignorant conservative element; for I do not believe that such argument is 
 sufficient to convince the more intelligent portion of that party. There 
 is one thing that I desire at the present time above all others, and that is 
 that this honorable body may strip the question of negro suffrage of all 
 outside issues, and present the subject of equal rights with all its bearings, 
 to the people of Arkansas; and, my soul for it, we will triumph, for the 
 principle is eternal. He that liveth forever hath said that He is on the 
 side of the oppressed. 
 
 Mr. HODGES, of Pulaski. I shall not detain the Convention long. 
 But this resolution looks, to me, a little like State Eights, secession, or 
 something of that kind. I will briefly explain my reasons for so thinking. 
 
 Be it ordained : That any marriage between a white person and one of negro 
 or mixed blood shall be void in this State, without regard to where the same 
 was consummated ; and that it is hereby made the duty of the Legislature to 
 enact such laws as will prevent miscegenation. 
 
 I must say, sir, I think there is a little of State Rights, or secession, 
 h*re. I wish to read a few words from an article in the Constitution of 
 the United States, of which our friends, as well as ourselves, think so 
 highly. I read from Article IV, Section 2. 
 
 " The citizens of each State shall be entitled to all privileges and immunities 
 of citizens in the s'everal States." 
 
 It is very plain that the desire is to violate, directly, that article of the 
 Constitution ; and that we cannot incorporate in our organic act any pro- 
 vision of that kind, but our government fails to be republican in form, 
 and therefore fails to be in accordance with the provisions of the Consti- 
 tution of the United States, as it now stands. 
 
 I wish to read, also, Section 1 of the Article known as the Fourteenth 
 Article of Amendment, which we, as Republicans, expect may some time 
 be ratified, even in this State : 
 ( 502 ) 
 
Feb. 5th.] AEKANSAS CONSTITUTIONAL CONVENTION. [23d Day. 
 Intermarriage of the Races.— HODGES of Pulaski— KYLE. 
 
 "All persons born or naturalized in the United States, and subject to the 
 jurisdiction thereof, are citizens of the United States and the State wherein 
 they reside. No State shall make or enforce any law which shall abridge the 
 privileges or immunities of citizens of the United States; nor shall any State 
 deprive any person of life, liberty, or property, without due pi-ocess of law, 
 nor deny to any person within its jurisdiction the equal protection of its laws." 
 
 I appeal to the Convention if this proposed action does not savor a little 
 of secession and State Rights, — something which I supposed was played 
 out, here, in the Spring of some two or three years ago. 
 
 K the purpose is to prevent crime, we are with our friends. But we 
 appeal to the Convention to say whether by prohibiting legal intercourse, 
 we prevent crime. If anything is to be done, I think the Republicans can 
 join in something like this; — and if this matter is pushed, I propose to 
 introduce this resolution, and I believe we will carry it. It expresses the 
 sentiments of myself, of one or two gentlemen, I think, on this side of the 
 house, and, it may be, on the other. I have no doubt, at all, that it will, 
 if gentlemen are honest in their intention, prevent amalgamation. 
 
 Resolved: That the Committee on the Constitution, its Arrangement and 
 Phraseology, be instructed to frame an organic Act, so as to effectually pre- 
 vent amalgamation by all illicit intercourse. Also, that all persons cohabiting 
 with females, without regard to color, shall be declared and considered in law 
 as man and wife. 
 
 I appeal to every man here, whether, if such a law were enacted, we 
 should not have less cohabitation of the two races. If every man and 
 woman cohabiting together should be declared man and wife, and the 
 children of such illegitimate intercourse should inherit in like manner as 
 if the parties had been regularly married, we should remedy the fault. 
 
 Mr. KYLE. I will ask the gentleman if he does not think that rule 
 would facilitate amalgamation. I think it would very decidedly facili- 
 tate it. 
 
 Mr. HODGES. No, sir. Well, we will read the rest, and see. 
 
 And that all persons, without regard to color or previous condition— and 
 upon this point, the evidence of the mother shall be conclusive— shall in- 
 herit estates of their ancestors, the same as though legitimately born. Also, 
 that should it appear that, under such construction of law, citizens of this 
 State are guilty of the crime of bigamy, they shall be punishable in accordance 
 with the provisions of law. 
 
 Also : That there be an organic law preventing citizens of this State from 
 disposing of their property by will, or otherwise, only to the heirs to such 
 estates, as contemplated by the foregoing organic Act. 
 
 ( 503 ) 
 
1868.] DEBATES AND PEOCEEDHSTGS OF THE [Wednesday, 
 
 Intermarriage of the Eaces.— HODGES— MATTHEWS— MALLOEY—CTPEET. 
 
 l^ow, then, gentlemen, if you want to prevent this crime of amalgama- 
 tion, this plan, or some similar one, will do it more effectually than any 
 law you may pass preventing legal intercourse. I think that there are 
 others who agree with me in this opinion. Moreover, the system would 
 be fair to all : there would be no distinctions in reference to race and 
 color — it would be in accordance with a republican form of government, 
 and with the Constitution of the United States. ' 
 
 Mr. MATTHEWS. Suppose citizens had rights in other States, in con- 
 travention of the provisions of that resolution, or ordinance, whichever it 
 is : why would not that plan conflict with the Constitution of the United 
 States, as much as any other proposed? 
 
 Mr. HODGES. So far as that goes, it would be unrepublican. 
 
 Mr. MATTHEWS. It certainly would, on the gentleman's theory : 
 there is no such law in any other State. 
 
 Mr. MALLOEY moved the previous question. 
 
 Mr. KYLE. I ask the gentleman, as a matter of courtesy, to withdraw, 
 for a moment, at least, the call for the previous question. 
 
 Mr. SAEBER called for the reading of the resolution. 
 
 The SECEETAEY read the (substitute) resolution offered by Mr. Mat- 
 thews. 
 
 Mr. JOHNSOl!^. I move to vote that question out of the house. 
 
 The PEE8IDENT. The question before the Convention, and which 
 takes precedence, is, — Shall the main question be now put? 
 
 Mr. MALLOEY. I did not intend to move the previous question upon 
 that resolution. I thought the gentleman from Pulaski [Mr. Hodges] had 
 offered his proposition as a substitute for the whole. 
 
 Mr. HODGES, of Pulaski. I did not offer it ; but stated that if the 
 matter should occupy more time, I would offer it, with a view to settle the 
 whole question — and I think it would settle it effectually. 
 
 The question was taken; and, a division being called for, the motion . 
 was agreed to,— Ayes 33, Noes 17 : so the main question was. ordered. 
 
 The question recurring upon the adoption of the substitute (offered by 
 Mr. Matthews), 
 
 Mr. CYPEET asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — ^Yeas 19, 
 JSTays 43, as follows : 
 
 Yeas : Messrs. Beasley, Bradley, Corbell, Cypert, Harrison, Hicks, Hollis, 
 Hoge, Kyle, Matthews, MeCown, Norman, Owen, Portis, Puntney, Eeynolds, 
 Shoppach, Walker, and Wright — 19. 
 
 Nays: Messrs. Bell, Braehear, Brooks, Coates, Dale, Evans, Exon, Gray of 
 ( 504 ) 
 
Feb. 5th.] AEKANSAS CONSTITUTIONAL CONVBNTIOlSr. [23d Day. 
 Intermarriage of the Eaces.—GEET— WILSON. 
 
 Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges of Pu- 
 laski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, Mis- 
 ner, Millsaps, Murphy, McClure, Oliver, Poole, Priddy, Eawlings, Rector, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Wilson, White, 
 Williams, Wyatt, and the President — 43. 
 
 So the substitute was rejected. 
 
 Pending the call of the roll : 
 
 Mr. GREY, of Phillips (when his name was called), said : I vote against 
 the clause that comes in conflict with the Constitution of the United States, 
 which gives me the same rights and privileges with any citizen of the 
 United States. As far as miscegenation is concerned, I am opposed to 
 that. I vote No. 
 
 Mr. WILSON" (when his name was called) said: I wish to make a re- 
 mark. I shall have to be considered as changing my reckoning, slightly, 
 upon this subject. It appears there are two great parties, the "White Man's 
 Party and the Negro Party. I belong to the ISTegro Party, and not to the 
 White Man's Party. I therefore vote against the substitute, and to give 
 the white men part of the advantage of the bleaching process. [Laughter.] 
 I shall have to vote No. 
 
 The vote was then announced as above. 
 
 The question recurring on the amendment (proposed by Mr. Corbell), 
 The vote was taken ; and the question was decided in the negative, — 
 Yeas 17, ISTays 42, as follows : 
 
 Teas : Messrs. Beasley, Bradley, Corbell, Harrison, Hicks, Hoge, Kyle, Mc- 
 Cown, Moore, Norman, Owen, Portis, Puntney, Reynolds,* Shoppach, Walker, 
 and Wilson — 17. 
 
 Nats : Messrs. Bell, Brashear, Brooks, Coates, Duvall, Evans, Bxon, Gray 
 of Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, HoUis, Hodges 
 of Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Mer- 
 rick, Misner, Millsaps, Murphy, McClure, Oliver, Poole, Eawlings; Rector, 
 Rounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, White, Wil- 
 liams, Wyatt, and the President — 42. 
 
 So the amendment was rejected. 
 
 Pending the call of the roll : 
 
 Messrs. GANTT and WRIG-HT asked to be excused from voting; they 
 having just entered the hall, and not understanding the question. 
 
 No objection being made, 
 
 Messrs. GANTT and WRIGHT were excused from voting. 
 
 The vote was then announced as above, 
 
 ( 505 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Wednesday, 
 
 Intermarriage of the Kaces.— McCO WN— BE ASLE Y— McCLUEE— C YPERT— BEOOKS. 
 
 The question recurring upon the resolution: 
 
 Mr. McCOWE" asked : Would it be in oi-der to move an adjournment ? 
 
 The PRESIDENT. It would not. The previous question has been 
 ordered. 
 
 Mr. BEASLEY. In order to make myself appear consistent and correct 
 in my vote, I shall make a few remarks. 
 
 The PRESIDENT. The gentleman will have an opportunity to make 
 his explanation when the roll shall be called. 
 
 . Mr. McCLURE. I move a call of the house. I observe that some gen- 
 tlemen are absenting themselves : and I want to have a full vote. 
 
 The question was taken on the motion for a call of the house; and the 
 motion was agreed to, and a call of the house ordered. 
 The SECRETARY proceeded to call the roll. 
 
 Pending the call : 
 
 Mr. BEASLEY said : Mr. Van Hook is sick, at home; he did not dodge 
 the question. 
 
 All the members of the Conveution, except Messrs. Montgomery and 
 Van Hook, answering to their names, 
 
 Mr. BROOKS moved that further proceeding under the call be dis- 
 pensed with. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. McCOWlSr. I read from Rule XV : 
 
 "A motion to adjourn shall always be in order, and shall be decided with- 
 out debate." 
 
 The PRESIDENT. The gentleman states the rule correctly. But the 
 previous question has been ordered ; the vote is now being taken, on the 
 main question ; and it is the opinion of the Chair that while the vote is 
 being taken, a motion to adjourn is not in order. 
 
 Mr. CYPERT. I ask a division of the question. I am willing to vote 
 for a resolution setting forth that I am opposed to miscegenation; but I 
 do not wish to be offering recommendations, to future Legislatures, as to 
 what laws they shall pass. 
 
 Mr. BROOKS. Do I understand the gentleman to object to recom- 
 mending his views to the next Legislature — as a recommendation ? Jam 
 willing to recommend my views to their notice. 
 
 Mr. CYPERT. I think it futile to do so. 
 
 The PRESIDENT. A division of the question is called for. The ques- 
 tion will first be taken upon the first clause of the resolution. 
 ( 606 ) 
 
Feb. 5th.] ARKANSAS COISTSTITUTIONAL CONYBNTIOlSr. [23d Day. 
 Intermarriage of the Eaces.—HIifDS— WILSON— BEASLET. 
 
 Mr. G-ANTT asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The vote was then taken on the adoption of the first clause of the reso- 
 lution, to wit : 
 
 Resolved: That this Convention is utterly opposed to all amalgamation be- 
 tween the white and colored races, whether the same is legitimate or illegiti- 
 mate ; 
 
 And the question was unanimously decided in the affirmative. 
 
 Pending the call of the roll : 
 
 Mr. RECTOR (when his name was called) asked to be excused from 
 voting. 
 
 Mr. G-ANTT, and others, objected; whereupon, 
 Mr. RECTOR voted Aye. 
 
 The vote was then announced as above. 
 
 Mr. HIISTDS. I think we should congratulate ourselves, that we have 
 agreed upon one point. 
 
 Mr. "WILSON. I hope the gentlemar^ [Mr. Hinds] will withdraw the 
 remainder of the resolution, and let it pass. 
 
 The vote was then taken on the adoption of the remaining portion of 
 the resolution, to wit: 
 
 We would therefore recommend that the next General Assembly enact such 
 laws as may effectually govern the same ; 
 
 And the question was decided in the affirmative, — Teas 56, Nays 9, as 
 follows: 
 
 Yeas; Messrs-. Beasley, Balden, Bell, Brashear, Brooks, Coates, Corbell, Dale, 
 Evans, Bxon, Gantt, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, 
 Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski, Houghton, Hutch- 
 inson, Johnson, Kyle, Mallory, Mason, Matthews, Merrick, Millsaps, Murphy, ' 
 McCown, McGlure, Norman, Oliver, Owen, Poole, Portis, Priddy, Puntney, 
 Eawlings, Eector, Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, 
 Smith, Snyder, Walker, White, Williams, Wyatt, and the President— 56. 
 
 Nays : Messrs. Bradley, Cypert, Hoge, Langley, Misner, Moore, Shoppach, 
 Wilson, and Wright — 9. 
 
 So the resolution was adopted. 
 
 Pending the call of the roll : 
 
 Mr. BEASLEY (when his name was called) said : The time has come, 
 now, for me to make my remarks. I voted for the substitute, because I 
 preferred that; but since this is proposed, and is the best we can get, I 
 shall vote for that. And I will now suggest an amendment. Will this 
 
 ( 507 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Wednesday, 
 
 Intermarriage of the Eaces.— EXPLANATIONS. 
 
 resolution accompany the Constitution? [Cries of" Certainly."] That is 
 the point : is it to be connected with, or inserted in, the Constitution, in 
 some sense, so that the next Legislature may get hold of it tangibly, and 
 so that it may go before the people ? I ask for information. 
 
 The PE,ESIDEN"T. That will depend upon the action of the Convention. 
 
 Mr. BROOKS. I suppose it will be all-sufficient for it to go upon the 
 Journal, and be published in the proceedings of. the Convention. It will 
 be perfectly accessible, among the public documents. 
 
 Mr. GREY, of Phillips. I move that it be put in pamphlet form. 
 
 The PEESIDEN'T. All these amendments are out of order. 
 
 Mr. BEASLEY. This being the best we can get, I shall vote for it. 
 I vote Aye. I wish to have the Legislature instructed to the best purpose 
 we can. " 
 
 Mr. BRADLEY (when his name was called) said : Let me explain my 
 vote. I am in favor of some action by the Legislature, to the accomplish- 
 ment of that end ; but when I am called upon to vote upon this part of 
 the resolution, with the understanding that I am referring the question to 
 the Legislature, I vote No. 
 
 Mr. Bradley s.ubsequently sent to the Secretary's desk the following 
 written explanation, which he asTced to have spread upon the Journal : 
 
 I am in favor of Legislative action on this subject. As a mere matter of re- 
 ferring the question, to avoid action by this Convention, I vote I^ay. 
 
 Mr. CORBELL (when his name was called) read, in substance, the fol- 
 lowing explanation, which he subsequently sent to the Secretary's desk, 
 and asked to have spread upon the Journal. 
 
 I would rather have a clause inserted in the Constitution, forbidding amal- 
 gamation ; but as I cannot get that clause inserted, I vote T'ea, but have no 
 idea that the Legislature will take cognizance of it. 
 
 Mr. CYPERT (when his name was called) voted ISTo, and read the fol- 
 lowing explanation, which he sent to the Secretary's desk, and asked to 
 have spread upon the Journal. 
 
 I deem any recommendation of this Convention to the future Legislators 
 of the State, by resolution, as futile and arrogant in the extreme. 
 
 Mr. G-AJ^TT (when his name was called) said : I record my vote in the 
 affirmative ; and I do so because, from principle, I am opposed to the inter- 
 mixture of the races, and think the Legislature ought to be instructed, sofar 
 as it is in our power, to prevent such connections, if possible. I vote Aye. 
 
 Mr. GREY, of Phillips (when his name was called), said : Let me ex- 
 plain my vote. Erom the honest conviction that the people will elect such 
 ( 608 ) 
 
Feb. 5th. J AEKAISTSAS CONSTITUTIOlSrAL CONVEISTTION. [23d Day. 
 
 Intermarriage of the Kaces.— EXPLANATIONS. 
 
 a Legislature as will take hold of this matter, and because this Constitu- 
 tional Convention has already referred resolutions for action by that Legis- 
 lature, T vote Aye. 
 
 Mr. HICKS (when his name was called) said : I am not heavy on ex- 
 planations. But, if our recomoiendation will be of any advantage to the 
 next Legislature, I will vote Aye. 
 
 Mr. HODGES, of Pulaski (when his name was called), said : In order 
 that the next Legislature may not be deceived with regard to our opinions 
 as to how this should be corrected, I vote Aye, and will soon move the 
 resolution which I have read. 
 
 Mr. HOGrE (when his name was called) said : I am opposed to political 
 Buncombe; and vote No. 
 
 Mr. HUTCHIlSrSON (when his name was called) said : It seems to be 
 fashionable to make explanatory remarks upon the votes. I have been all 
 the time silent, during the discussion ; and I therefore take this manner of 
 expressing my own sentiments upon the subject. It appears to me that 
 this resolution asks more, of the Legislature, than it is competent for any 
 body of men to grant. It asks that they shall provide that such a thing 
 shall be forever prevented — a result which, in my opinion, it is impossible 
 for any body of men to accomplish. Notwithstanding ,this, however, I 
 record my vote in the affirmative. 
 
 Mr. LANGrLEY (when his name was called) said : As gentlemen are 
 making explanations, I will have to make an explanation, by asking to be 
 excused from voting. I beg to be excused. 
 
 Objection being made, 
 
 Mr. LANGLE Y said : If not excused, I shall vote against the proposi- 
 tion, and explain myself in this way: I am opposed to amalgamation; but 
 I am also opposed to prohibiting marriage between any persons, on account 
 of color, as I consider it would be contrary to the doctrine of equal rights 
 before the law, and not strictly republican. [Laughter and applause.] 
 
 Mr. MALLORY. I vote Aye, for this reason. I believe that the course 
 proposed is the only legitimate way of getting rid of this question, and 
 sends it to the only place where it can be handled. I do not believe the 
 Constitutional Convention has anything to do with it. 
 
 Mr. McCOWN (when his name was called) said: I will follow suit, in 
 the way of giving a reason for my vote. That resolution does not come 
 up to what I think it should be. It does not accomplish all that I desire, 
 or all that I hope for. But, not being a spoiled child, I will take a half- 
 loaf rather than no bread at all, hoping I may get the whole before we 
 are done. I shall vote in the affirmative. 
 
 Mr. McCowN subsequently sent to the Secretary's desk the following 
 explanation, which he asked to have spread upon the Journal. 
 
 ( 509 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 The Eeports of Standing Committees. — MA.LLORT. 
 
 The resolution is not all I wish or hope for, or the occasion demands. I 
 vote in favor of it — half a loaf is better than no bread at all. 
 
 Mr. MOOEE (wlien his name was called) said ; While I am opposed to 
 amalgamation of the races, I hold that we have no right, here, to instruct 
 any subsequent Legislature that mnj assemble. To do so is asking more 
 than we have a right to ask. Being, at the same time, opposed to our 
 making political campaign documents, I shall vote So. 
 
 Mr. 8ARBEE (when his name was called) remarked : I would say that 
 I believe the people of this or any State, have a right to instruct their 
 representatives, on any subject; and I have full confidence that the coming 
 Legislature will pay proper respect to the will of the people, thus expressed. 
 I vote Aye. 
 
 Mr. WILSON" (when his name was called) said : If an explanation is 
 necessary, I have to say that I am opposed to the passage, here, of any 
 recommendation to a Legislature, to do any act not founded upon organic 
 law; on the ground that such a provision ought not to appear in our organic 
 law. I am opposed to our Legislature being instructed to enact laws 
 which can only by implication be considered Constitutional. 
 
 Mr. WHITE (when his name was called) said : As I am in favor of the 
 Legislature doing right to the colored people as well as to the white, I 
 vote Aye. 
 
 Before the vote was announced : 
 
 Mr. HIN"DS said :, Some explanations were made, during the call, that 
 were not fully understood. I would like to understand them. I see that 
 several parties have sent up written explanations. The inquiry has been 
 suggested, whether the gentleman from Bradley [Mr. Bradley] objected 
 to the measure on account of the word " usage" being omitted from the 
 resolution. 
 
 Mr. BEADLEY. I sent up a written explanation, setting forth, exactly 
 as I stated verbally, that I was in favor of Legislative action, but that, as 
 a mere matter of evasion on the part of this body, to get rid of the ques- 
 tion, I voted against the resolution. [To the Secretary.] Eead my expla- 
 nation, if you please, for the satisfaction of the gentleman. [The Secrk- 
 TARY read the explanation of Mr. Bradley, as before given.] 
 
 The vote was then announcfed as above. 
 
 THE REPORTS OF STANDING COMMITTEES. 
 
 Mr. MALLOEY offered the following resolution : 
 ( 510 ) 
 
Feb. 5th.J AEKAISTSAS CONSTITUTIOlSrAL CONVENTION. [23d Day. 
 
 Intermarriage of the Races. — CYPBRT. 
 
 Mesolved : That all standing Committees, except the Committee on Elective 
 Franchise, be instructed to report, at the earliest practicable moment, to the 
 Committee on the Constitution. 
 
 A MEMBER. I would like to have an exception made in the case of 
 the Minority Report of the Committee on Penitentiary. 
 
 The PRESIDENT. That is not one of the standing committees, to 
 which, alone, the resolution applies. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. WILSOjS" moved that the Convention adjourn to 10 o'clock, a.m., 
 of Thursday, February 6th. 
 
 The question was taken ; and the motion was agreed to ; 
 
 And thereupon, at 1.15, p.m., the Convention adjourned to 10, a.m., of 
 Thursday, February 6th. 
 
 T WENT Y-IOURTH DAY. 
 
 Thursday, February 6th, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 The roll was called ; and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Corbell, Cypert, 
 Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, Harrison, 
 Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski, Hoge, 
 Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Matthjews, 
 Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Moore, 
 Norman, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, 
 Van Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 Sick: Mr. Coates. 
 
 Excused : Messrs. Hodges of Crittenden, and Owen. 
 
 A quorum of the members of the Convention having answered to their 
 names: 
 
 intermarriage ot the races— again. 
 
 The Journal of the preceding day was read. 
 
 Mr. CYPERT. I observe that the explanation of the gentleman from 
 Clark [Mr. Langley] is not inserted in the minutes. It was written out, 
 and it was asked that it be inserted in the Journal. 
 
 ( 511 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Thursday, 
 
 Payment of Deputy Sheriffs. — Report of Committee on Elective Franchise. 
 
 Mr. LANGLET. I do not care whether it is or not. 
 Mr. CYPERT. It is of no consequence, if the gentleman does not 
 desire it inserted. 
 
 After some further discussion in regard to correction of the minutes, 
 The Journal of the preceding day was approved. 
 
 PAYMENT OP DEPUTY SHERIFFS — AGAIN. 
 
 The PRESIDEN'T laid before the Convention a communication from 
 Brevet Brigadier-General C. H. Smith, commanding Sub-District of Ar- 
 kansas, in relation to the pay of Deputy Sheriffs, etc., for services rendered 
 at the election upon the question of calling a convention, and for the choice 
 of delegates; requesting that the Convention should take measures for 
 the payment of such services, or should afford a statement of the grounds 
 of their action in declining so to do. 
 
 Mr. BEOOKS moved that the communication be referred to the Com- 
 mittee on Finance, Taxation, Public Debt, and Expenditures. 
 
 The question was taken ; and the motion was agreed to. 
 
 ELECTIVE FRANCHISE. 
 
 Mr. HINDS, on behalf of the Committee, submitted the following 
 
 EBPOKT OF COMMITTEE ON THE ELECTIVE FEANCHISE. 
 
 The Committee to whom was referred the matter of Elective Franchise, beg 
 leave to submit the following Eeport : 
 
 ARTICLE . 
 
 Section One. Every male person born in the United States, and every per- 
 son who has been naturalized, or who has legally declared his intention to be- 
 come a citizen of the United States, twenty-one years old, or upward, who 
 shall have resided in this State six months next preceding the election, and 
 ten days in the county in which he offers to vote, except as hereinafter pro- 
 vided, shall be deemed an elector. 
 
 Section Two. It shall be the duty of the General Assembly to provide from 
 time to time for the registration of all electors; but the following classes of per- 
 sons shall not be permitted to register, vote, or hold oflSce : 
 
 Ist— Those who shall have been or may be convicted of treason, embezzle- 
 ment of the public funds, bribery, or perjury. 
 
 2d — Those who during the late rebellion inflicted or caused to be inflicted, 
 any cruel or unusual punishment upon any soldier, sailor, marine, employee, or 
 citizen of the United States, or who in any other way violated the rules of 
 (612 ) 
 
Feb. eth.J AEKANSAS CONSTITUTIONAL CONVENTION. [24th Day. 
 Eeport of Committee on Elective Franchise. 
 
 civilized warfare, or engaged in that system of warfare known as bushwhack- 
 ing, or guerilla. 
 
 3d — Those who may be disqualified from holding office by the proposed 
 Amendment to the Constitution of the United States, known as Article XIV, 
 and those who have been disqualified from registering to vote for Delegates to 
 the Convention to frame a Constitution for the State of Arkansas, under the 
 Act of Congress " To provide for the more Efficient Government of the Eebel 
 States," passed March 2d, 1867, and the Acts supplementary thereto. All per- 
 sons who during the late rebellion took an oath of allegiance or amnesty, undfir 
 any Proclamation of the President, or General Order, to the United States 
 Government, and afterwards violated it. All persons who have been disfran- 
 chised in other States, for participation in rebellion, and have or may hereafter, 
 remove to this State ; Provided, That the General Assembly shall have power, 
 by a two-thirds vote of each house, to remove the disabilities incurred under this 
 clause, upon the recommendation of two-thirds of the registered voters of the 
 'township where the applicant resides. 
 
 4th — All those who are idiots or insane. 
 
 Section Three. No soldier, seaman, or marine, in the army or navy of the 
 United States, shall be deemed a resident of this State in consequence of being 
 stationed within the same. 
 
 Section Four. For the purpose of voting, no person shall be deemed to have 
 lost a residence by reason of his absence while employed in the service of the 
 United States, nor while engaged upon the waters of this State, or of the United 
 States, nor while a student of any seminary of learning. 
 
 Section Five. In all elections by the people, the electors shall vote by ballot 
 
 Section Six. All persons before registering, must take and subscribe the 
 followin g oath : 
 
 " Ij , do solemnly swear (or affirm) that I will support and maintain the 
 
 Constitution and laws of the United States, and the Constitution and laws of 
 the State of Arkansas; that I am not excluded from registering by any of the 
 clauses in Section II, Article — of the Constitution of the State of Arkansas ; that 
 I will never countenance or aid in the secession of this State from the Uifited 
 States; that I accept the civil and political equality of all men before the law; 
 agree not to attempt to deprive any person or persons, on account of race, color, 
 or previous condition, of any political or civil right, privilege or immunity en- 
 joyed by any other class of men." 
 
 Provided, That if any person shall knowingly and falsely take any oath in 
 this Constitution, such person so offending, and being duly convicted, shall be 
 subject to the pains, penalties and disabilities which by law are provided for 
 the crime of wilful and corrupt perjury. 
 
 Section Seven. Electors shall in all cases, except treason, felony or breach 
 of the peace, be privileged from arrest and civil process, during their attendance 
 at elections, and in going to and returning from the same. 
 
 Section Eight. Every person who by the provisions of this Article shall be 
 entitled to vpte at any election, shall be eligible to any office which now is or 
 
 33 ( 513 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Thursday, 
 
 Minority Eeport of Committee on Elective Franchise. 
 
 hereafter shall be elective by the people, except as otherwise provided in this 
 Constitution and laws of the United States. 
 
 Section N'ine. No person who ever voluntarily aided and abetted the rebel- 
 lion against the United States, shall ever be eligible to fill the office of either 
 Governor or Lieutenant Governor, nor become a Member of Congress. 
 
 [* No person who has openly advocated or voted for the reconstruction pro- 
 posed by Congress, and accepts the equality of all men before»the law, shall be 
 deemed disqualified as an elector.] 
 
 Provided, That nothing herein contained shall be so construed, as to prevent 
 any person who has been honorably discharged from the United States service, 
 never thereafter participating in the rebellion against the United States, from 
 
 voting or holding office. 
 
 James Hinds, Chairman of Committee. 
 
 W. H. Gray, 
 
 Solomon Exon, 
 
 J. H. Hutchinson, 
 
 George W. Dale, 
 
 Walter W. Brashear. 
 
 Mr. CYPEE.T, on behalf of the minority of the Committee, submitted 
 the following 
 
 MINORITY EEPOET OF COMMITTEE ON ELECTIVE FKANCHISE. 
 
 To the President and Members of the Constitutional Convention of the State of 
 Arkansas : 
 
 The undersigned, a member* of the Committee on Elective Franchise, begs 
 leave to dissent from the conclusions arrived at by a majority of said Com- 
 mittee, and submits the following minority report : 
 
 First, The Article reported by the said majority of your Committee proposes 
 to disfranchise a large class of citizens of the United States, and of the State of 
 Arkansas, who have heretofore been invested with the sacred right of suffrage. 
 
 The article reported by the said majority of the Committee effects such dis- 
 franchisement in a manner unknown to all the established principles of our 
 Government, in this, that it presumes that said class, proposed to be deprived 
 of the elective franchise, has been guilty of disloyalty or treason against the 
 Constitution and Government of the United States. It is a well-established 
 principle of our laws and government that all are presumed innocent till the 
 guilt is shown before some judicial tribunal having cognizance of the crime. 
 In spite of this acknowledged right of the meanest criminal, a majority of your 
 Committee pronounce a large number of their fellow-citizens guilty of crime 
 without a trial or conviction, and essay to strip them of vested and indisputable 
 franchises. To so monstrous a proposition the undersigned can never assent. 
 
 Second, The majority of said Committee again propose to require of every 
 
 * Note. — This clause was accidentally omitted from the Eeport of the Committee, as pre- 
 sented, and was, by vote of the Convention (February 6th, p. 633), ordered printed with the 
 Eeport. 
 (514 ) 
 
Feb. 6th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [24th Day. 
 Minority Eeport of Committee on Elective franchise. 
 
 person before he can exercise the privilege of voting, to take an oath purging 
 himself from certain crimes and misdemeanors, and to accept for the future 
 the civil and political equality of all the races of men. The undersigned sin- 
 cerely believes said oath to be not only wicked, but futile. Posterity has never 
 been bound by the oaths of their ancestors, and a change of circumstances 
 always affords, not only pretext, but justifiable excuse for violating obligations, 
 reluctantly and unwillingly taken to avert a threatened present evil. 
 
 Third, The majority of your said Committee, by their said report, further 
 propose to enfranchise a class of persons hitherto denied this inestimable privi- 
 lege ; — persons declared, by the highest tribunals of our country, not to be 
 citizens of the United States ; — the inevitable result of which would be, the over- 
 throw of the white man's government of our fathers, and an erection of an 
 Africanized government in its Stead. 
 
 The negro is not the equal of the white man. In mind and body the differ- 
 ences are striking, numerous, and insurmountable. Four thousand years ago, 
 he was exactly what he is to-day. All history demonstrates his utter inca- 
 pacity for self-government, and his utter want of appreciation of free institu- 
 tions. But, beyond all this, our own experience, and the teachings of history, 
 inexorably point to this dreadful result. The investing of an inferior race with 
 social and political equality, is the stepping stone to miscegenation, and the 
 consequent utter deterioration and degeneracy of the dominant race. It can- 
 not be denied that political equality (politically that equality resulting from 
 the indiscriminate exercise of the elective franchise) will result in social equality, 
 unless in the throes and conflicts which will inevitably precede the new order 
 of thino-s, one or the other of the races does not perish from the earth. So 
 marked and odious a change can be only effected after the natural and God- 
 given prejudices of our race have ceased to exist. 
 
 Peace and prosperity can never result from measures so utterly at war with 
 the instincts and fears of the white people of this State. 
 
 Whilst the investing the negro with the elective franchise is attended with 
 so many dangers and objections, the undersigned cannot believe that it will be 
 the means of shielding the colored man from oppression or wrong, but will 
 only aggravate and increase the prejudices of race, and precipitate a civil and 
 social war. 
 
 The undersigned will not slander the people of Arkansas so grossly, as to 
 assert or believe, that impartial justice will not be accorded to the negro race, 
 or that they will not enjoy all the requisite protection for person, property, and 
 reputation, unless invested with the elective franchise; the contrary he believes 
 and asserts to be the truth. 
 
 The undersigned is not influenced by ill will or hatred to the negro popula- 
 tion, but sincerely desires their social, intellectual, and religious improvement. 
 If in the course of years, they should demonstrate their fitness for the exercise 
 of a, right (which in many highly civilized and well-governed countries is de- 
 nied to large classes of citizens) it will then be time enough to discuss the pro- 
 priety of putting the ballot in his hands. They are now only fitted to be the 
 facile tool of wicked and designing superiors, and if permitted to embark on 
 
 ( 515 ) 
 
1868.] DEBATES AND PEOCBBDIlirGS OF THE [Thursday, 
 
 Minority Eeport of Committee on Elective PrancWse.— CYPEET— BKOOKS. 
 
 the stormy sea of politics, it will greatly retard their progress in civilization, 
 in moral and intellectual improvement. It is, therefore, manifestly to the in- 
 terest of the people of this State, white and black, to make no. changes in its 
 fundamental law, touching the elective franchise. 
 
 He therefore recommends the adoption of the following as the article upoji 
 said :franchise : 
 
 ARTICLE. 
 
 Section One. All white male citizens of the United States over the age of 
 twenty-one years, having resided in this State one year next preceding any 
 election, and three months in the county or district where he may offer to vote, 
 shall be deemed a qualified elector. Provided, That no soldier or marine in the 
 service of the United States shall be deemed to have acquired a residence in 
 the State by reason of being stationed on duty herein. 
 
 Section Two. All elections in this State shall be by ballot, and all persons 
 possessing the qualifications of an elector shall be entitled to vote for all officers 
 now elective by the Constitution of the United States, and by the Constitution 
 of this State ; Provided, That no person who has been or may hereafter be con- 
 victed of felony or other infamous crimes, shall ever exercise the right to vote 
 in this State. Eespectfully submitted, 
 
 J. N. Cypert, of "White. 
 
 Mr. CYPERT moved that the Report of the Minority be adopted; and 
 upon that motion called for the previous question, subject to withdrawal 
 for the purposes of debate, but for no other purpose. 
 
 The PRESIDENT. The question is,— Shall the main question be now 
 put? 
 
 Mr. CYPERT. I propose to withdraw the demand, only for the purpose 
 of debate. 
 
 Mr. BROOKS. It is the usual call for the previous question; it is, 
 " shall," or it is, " shall not." 
 
 The PRESIDE]:^"!. The Chair has already decided that question. 
 
 Mr. BROOKS asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative,— Yeas 
 56, Nays 6, as follows : 
 
 Teas : Messrs. Belden, Bell, Brashear, Brooks, Corbell, Cypert, Dale, Duvall, 
 Evans, Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, 
 Hinds, Hinkle, Hollis, Hodges of Pulaski, Hoge, Houghton, Johnson, Langley, 
 Mallory, Mason, Matthews, Merrick, Misner, Millsaps, Murphy, McClure, Nor- 
 man, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarhfer, Shoppach, Sims, Smith, Snyder, Van 
 
 ■ ( 516 ) 
 
Feb. 6th.J AEKANSAS CONSTITUTIOlSrAL CONYBNTION. [24th Day. 
 ElectiveFranchise.—COKBELL— MONTGOMERY— MOOEE. 
 
 Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the President 
 —56. 
 Nats : Messrs. Gantt, Hicks, Kyle, Montgomery, McCown, and Moore — 6. 
 
 So the main question was ordered. 
 
 The question being upon the adoption of the Report of the minority of 
 the Committee, 
 
 Mr. BEOOKS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Teas 13, 
 Ifays 50, as follows : 
 
 Yeas : Messrs. Bradley, Corbell", Cypert, Duvall, Gantt, Hicks, Hoge, Moore, 
 Norman, Eeynolds, Shoppach, Walker, and Wright — 13. 
 
 Nays : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Dale, Evans, Bxon, 
 Gray of Jeffefson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, 
 Hinkle, Hollis, Hodges of Pujaski, Houghton, Johnson, Kyle, Langley, Mal- 
 lory, Mason, Matthews, Merrick, Misner, Millsaps, Montgomery, Murphy, 
 McClure, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eounsaville, 
 Sams, Samuels, Sarber, Scott, Smith, Snyder, Van Hook, Wilson, White, 
 Williams, Wyatt, and the President — 50. 
 
 So the Convention refused to adopt the Report of the minority of the 
 Committee. 
 
 Pending the call of the roll : 
 
 Mr. CORBELL (when his name was called) said : I shall vote in the 
 affirmative,' and will give my reasons, for so doing, in writing. 
 
 Mr. CORBELL sent to the Secretary's desk, the following explanation, 
 which he asked to have spread upon the Journal. 
 
 I vote in favor of the Minority Eeport for the reason that I am unwilling to 
 confer the right of suffrage on the colored population, coupled with, as I believe, 
 the privilege and probability of its leading to amalgamation, which would be, 
 in my opinion, ruinous to the colored race, for various reasons. 
 
 The vote was then announced as above. 
 
 Mr. MONTGOMERY moved that the Report of the Committee be re- 
 ferred to the Committee on the Constitution, its Arrangement and Phrase- 
 ology, and that one hundred copies be printed for the use of the members 
 of the Convention. 
 
 Mr. MOORE moved as an amendment, that the Minority Report be 
 added, and that two hundred copies, instead of one hundred, be printed. 
 
 The PRESIDENT. The motion is out of order, so far as regards the 
 Minority Report. 
 
 (517.) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Sale of Arkansas Hot Springs.— HINDS— GANTT—McOLUKE. 
 
 Mr. MOORE. Then I move that four hundred copies be printed. 
 Mr. MATTHEWS. I move, as a substitute, that the Majority Report be 
 made the special order of the day for Friday, February 7th. 
 
 The question was taken ; and the substitute was not agreed to. 
 
 The question was then taken on the motion that the Report be referred 
 to the Committee on the Constitution, etc., and that one hundred copies be 
 printed for the use of the members of the Convention ; and the motion 
 was agreed to. 
 
 SALE OF THE ARKANSAS HOT SPRINGS — AGAIN. 
 
 Mr. HINDS, on behalf of the Committee to whom was referred the 
 resolution concerning the public sale of the Arkansas Hot Springs, with 
 instructions to consider and report upon the propriety of memorializing 
 Congress upon the subject, reported the following 
 
 MEMORIAL TO CONGRESS EOE THE PUBLIC SALE OP THE HOT SPRING 
 RESERVATION IN THE STATE 0¥ ARKANSAS. 
 
 To the Honorable, the Senate and House of Representatives, of the United States, 
 in Congress assembled: 
 
 Tour memorialists, the Constitutional Convention of the State of Arkansas, 
 respectfully represent, that the public reservation known as the Hot Spring 
 reservation, comprising all that portion of the public domain situated in Sec. 
 28, 29, 32, 33, in Township 2, south ; and 4 and 5, in Township 8, south of 
 Eange 19, west, in the State of Arkansas, is now held and occupied without 
 color of title, by various persons, whose claims have never been acknowledged 
 by the United States Government. That the public interest and humanity 
 require that said Springs be made available for public use, and the welfare and 
 settlement of the State is in a great measure dependent upon it. We would, 
 therefore, ask that the same be sold under the direction of the Secretary of 
 the Interior, to the highest bidder or bidders, for cash, after having been laid 
 out into streets, blocks, and lots or parcels of ground of such form and area as 
 will best facilitate the construction of a town. 
 
 That the proceeds arising from the sale of the same, be invested in United 
 States securities, and held in trust until otherwise provided by law, and that 
 the accruing interest upon said securities, be applied to the Common School 
 Eund for the education of all the children of the State. And your memorial- 
 ists will ever pray. 
 
 James Hinds, 
 
 Chairman. 
 
 Mr. GAISTTT moved that the consideration of the Report be made the 
 special order of the day for Monday, February 10th. 
 Mr. McCLURE. I hope the motion will not prevail. The time of the 
 (518) 
 
Feb. 6th.] AEKANSAS CONSTITUTIONAL CONVElSTTIOlSr. [24th Day. 
 Sale of Arkansas Hot Springs.— HINDS— GANTT. 
 
 Convention is needed for other purposes; and this is a question which 
 may as well be disposed of now as at any other time. I suppose the Me- 
 morial will have no more effect upon Congress than would the Memorial 
 of any other body of individuals in the State. 
 
 Mr. HIEDS said, in substance : The parties now occupying the property 
 in question are occupying it without any legal title. The Government, at 
 the time of the survey, had the property set apart as a reservation, to be 
 retained in its own possession. Since that time, the Government has 
 never parted with the title to the land; and it remains a reservation. 
 What is now asked is, that the sale take place under the direction of the 
 Secretary of the Interior, and that the property be sold, for cash, to the 
 highest bidder, and that the moneys arising from the sale be invested in 
 United States securities, which securities shall be set apart for the pur- 
 poses of education in this State. If any parties have any right to the 
 lands in question, it will certainly be made to appear. If the Govern- 
 ment has never parted with its title to the land, then the parties now 
 holding the property are trespassers on the public domain. If they have 
 any rightful claim to the lands, let them make it good: if they have not, 
 they certainly cannot object to the Government disposing of it in the man- 
 ner proposed, with the view of increasing the educational facilities of the 
 State. 
 
 Ifow, although we do not desire any haste in the consideration of this 
 matter, we are still anxious to have it disposed of. The Committee have 
 had the question under careful advisement. They have investigated the 
 condition of the alleged title to that reservation. They ask, merely, that 
 no course shall be pursued that shall be disadvantageous to the interests 
 of the State, or of the Government. There is no question as to the medi- 
 cinal qualities of the Springs, and their consequent value. When the 
 matter is properly understood, it will be found extremely advantageous 
 to have such action taken, in the premises, as will, without injuring the 
 just rights of any person, redound to the permanent interest of the State. 
 The Memorial will certainly serve the purpose of inviting the attention of 
 the General Government to the question whether it has ever parted with 
 its title; and, if it has not, it may induce such action as will, without 
 entrenching upon the genuine rights of any individual, essentially sub- 
 serve the cause of education in this State. 
 
 Mr. GANTT. I conceive that this question should receive a careful 
 consideration. It is certainly a grave one. The proposition is, that the 
 Convention shall administer upon the estate of Messrs. Hale, Gaines, and 
 Eector. The property which it is proposed to sell, has, in fact, been paid 
 for, three times over. Yet the proposition now is, to deliberately dispos- 
 sess the owners who have paid their money for the property, and to con- 
 tribute the proceeds to the School Fund. The property is certainly a 
 
 (519 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Thursday, 
 
 Sale of Arkansas Hot Springs.— GANTT. 
 
 valuable one. The Convention has precisely the same right thus to dis- 
 pose of this property, that any private citizen has to walk up to me and 
 help himself to my hat or my pocket-book. 
 
 The precedent which we are about to set is surely one to require some 
 consideration, before committing ourselves to Inch action. If it is justi- 
 fiable for this body thus to interfere with private property, the purchase- 
 money of which is in the coffers of the Government, then it is right and 
 proper that you should administer upon the estates of all of us. Why, 
 sir, let us consider what we are about to do ! The proposition is to take 
 away, from citizens of the State, property for which they have paid three 
 times over; the only question being, as between Messrs. Hale, Gaines, and 
 Rector, who paid for it first. The question, I say, is not as to who paid 
 for the property, but simply who has the first title. Is it justice, is it com- 
 mon honesty, that we should memorialize Congress to seize upon this in- 
 dividual property, sell it, and appropriate the proceeds to the School 
 Fund, or to any other purpose? Sir, I protest against committing our- 
 selves to rush a measure of this sort through this body ! ISlo man who 
 has a spark of common honesty in his bosom will lay his hand upon his 
 heart, and declare his belief that we have any moral or legal right thus to 
 encroach upon the individual i-ights of property. Are we to rush such a 
 measure through, without any investigation ? The property is certainly 
 valuable. But that is not the consideration that is to influence our action. 
 Because a citizen possesses valuable property, are we therefore to seize 
 upon it? I do not hesitate to say, sir, that the course proposed is unfair 
 — it is more than unfair, it is dishonest; and it is certainly to be hoped, 
 by all honest Americans, that the United States Government will refuse 
 to lend itself to any such scheme. What assurance, what security, has 
 any of us for his property; — what security will the purchaser of this very 
 property, under the scheme proposed in the memorial, have, for his title, 
 when land paid for, to the United States, three times over, can thus be 
 confiscated ? 
 
 I did not proJ)ose, when this matter was referred, to say one word in 
 reference to it. But surely we will not hurry through a proposition of 
 this kind, without investigation. There must be some point, sir, in all 
 this hurry. Gentlemen who desire to deal fairly with the question, surely 
 cannot refuse to give the opportunity ample investigation and discussion. 
 I say that no honest man can be desirous of any other course. 
 
 Mr. BRADLEY [m his seat.'] Ditto! 
 
 Mr. GANTT [to Mr. Bradley.] Sir? 
 
 Mr. BRADLEY [in Ms seat.] I say the same. ^ 
 
 Mr. GAiTTT. Yes,, sir; it is true; and the proposition will be supported 
 by every honest man. If my neighbor hold property which he has fairly 
 bought and paid for, it is neither right or proper, it is unjustified in law 
 ( 520 ) 
 
Feb. 6th.J AEKANSA8 CONSTITUTIONAL CONVENTIOISr. [24th Day. 
 
 Sale of Arkansas Hot Springs.— GANTT—McCLTJKE—MOOKE— BRADLEY. 
 
 or in fact, for me, because I happen to stand behind bayonets, to seize his 
 estate, sell it, and appropriate the proceeds to any purpose whatever, I 
 care not how high the object may be. I admit, freely and frankly, that 
 no higher benefit can be bestowed upon the people of Arkansas, than a 
 school system. I have no desire to depreciate the advantages of such a 
 system. But I do say it is wrong for us to attempt to build up that sys- 
 tem by any course pursued in defiance of common honesty. 
 
 I ask that this subject be made a special order for a particular day, in 
 order that the membSrs of the Convention may be enabled to vote intelli- 
 gently upon it. There can be no objection to our voting upon the facts 
 as they are. And when those facts can be laid before this body, I pledge 
 myself that it shall be conclusively shown that the United States Govern- 
 ment has received pay for this land, three times over. 
 
 Mr. McCLURE. A word as to the question of title. I do not suppose 
 that any gentleman will argue that this Convention has any jurisdiction 
 over that subject. All the Courts of Arkansas, for three years past, have 
 decided nothing that binds the Government of the United States. The 
 decision of this Convention would establish no single fact. I regret to 
 hear the statement, upon this fioor, that the United States Government 
 has received pay three times over, for this property. I am here to say 
 that I do not believe that to be true. The evidence does not in my 
 opinion, sustain the statement. "Who paid for this land I neither know nor 
 care. I presume there is sufficient honesty and integrity in the Congress 
 of the United States to ascertain to whom this property properly belongs, 
 and to award it accordingly. If it belongs to the people of the United 
 States, it is subject to the action of Congress. If it does not belong 
 ' to the United States, there is an end to the matter. A bill was introduced 
 into Congress by Mr. Schenck, looking to the similar disposition of this 
 property, to that which is now proposed. This was to some extent a 
 recognition of the fact that it belonged to the United States, and to nobody 
 else. The only proposition before us is, to memoi-ialize Congress. Our 
 action affects the rights and interests of the parties, neither one way nor 
 the other. This is not the tribunal for the adjudication of claims. For 
 my own part, I have no' interest in the matter one way or another. The 
 only point that I insist upon is, an objection that next Monday or any 
 other day, shall be spent in the discussion of this subject. Therefore, for 
 the purpose of disposing of this question, and preventing any further waste 
 of time in this discussion, I move the previous question. 
 
 Mr. MOORE. I am not ready to act without some further investigation 
 upon the subject. 
 
 Mr. BRADLEY. This seems to me a very unfair way of disposing of 
 questions. I do not want to rush the thing, one way or another. 
 
 ( 621 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Thursday, 
 
 Sale of Arkansas Hot Springs.— CTPEET— HOUGHTON. 
 
 The question was taken; and, a division being called for, the motion 
 was agreed to, — Ayes 34, IToes 19, — and the main question was ordered. 
 
 The question was then taken on the motion to make the consideration of 
 the Eeport the special order of the day, for Monday, February 10th, at 10, 
 A.M. ; and it was decided in the negative, — Yeas 22, ISTays 35, as follows: 
 
 Yeas: Messrs. Bradley, Cypert, Duvall, Gantt, Grey of Phillips, Hicks, Hollis, 
 Hoge, Kyle, Mason, Matthews, Moore, Norman, Portis, Puntney, Eawlings, 
 Eeynolds, Shoppach, Yan Hook, "Walker, Wilson, and Wright — 22. 
 
 Nats : Messrs. Belden, Bell, Brashear, Brooks, Coates, Corbell, Dale, Evans, 
 Exon, Gray of Jefferson, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hough- 
 ton, Johnson, Langley, Misner, Millsaps, Montgomery, Murphy, MeClure, 
 Oliver, Poole, Priddy, Eector, Samuels, Sarber, Smith, Snyder, White, Wil- 
 liams, Wyatt, and the President — 35. 
 
 So the Convention refused to make the consideration of the Eeport the 
 special order of the day for Mondaiy, February 10th, at 10, a.m. 
 
 Pending the call of the roll : 
 
 Mr. SAMS (when his name was called) asked to be excused from voting. 
 
 No objection being offered, 
 
 Mr. SAMS was excused. 
 
 The vote was then announced as above. 
 
 The question was then taken on the motion for the adoption of the 
 Report and Memorial ; and it was decided in the affirmative, — Yeas 29, 
 Nays 28, as follows : 
 
 Yeas : Messrs. Belden, Bell, Brashear, brooks, Coates, Dale, Exon, Gray of 
 Jefferson, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Johnson, Langley, 
 Mallory, Millsaps, Montgomery, Murphy, MeClure, Oliver, Poole, Priddy, 
 Eector,, Samuels, Scott, Smith, Snyder, and the President — 29. 
 
 Nays : Messrs. Bradley, Corbell, Cypert, Duvall, Evans, Gantt, Grey of Phil- 
 lips, Hicks, Hollis, Hoge, Kyle, Misner, Matthews, Merrick, Mason, Moore, 
 Norman, Portis, Puntney, Eawlings, Eeynolds, Shoppach, Van Hook, Walker, 
 Wilson, White, Wright, and Wyatt— 28. 
 
 So the Eeport and Memorial were adopted. 
 
 Pending the call of the roll : 
 
 Mr. CYPEET (when his name was called) said : I am satisfied that 
 there are some extraordinary facts connected with this matter; and I do 
 not know the truth of any of the facts stated in the Memorial. I must, 
 consequently, vote No, unless I could endorse the statements as true. 
 
 Mr. HOUGHTON (when his name was called) wished to be excused 
 from voting. 
 { 622 ) 
 
Feb. 6th.J AEKANSAS CONSTITUTIONAL CONVENTION. [24th Day. 
 
 Sale of Arkansas Hot Springs — Penitentiary. — "WHITE. 
 
 No objection being made, 
 
 Mr. HOUGHTOlSr was excused. 
 
 Mr. KYLE (when his name was called) said : I have no knowledge of 
 the facts contained in the Memorial ; and I therefore vote ISo. 
 
 Mr. MOORE (when his name was called) said : I know nothing about 
 the facts set forth in that Memorial, and have not had time to examine 
 the question, I believe it to be an interference with private rights. I 
 vote No ; and desire that my explanation be spread upon the record. 
 
 Mr. MOOEE sent to the Secretary's desk, the following written expla- 
 nation of his vote : 
 
 I vote Nay, because I believe it wrong for this Convention to interfere with 
 private rights. 
 
 Mr. SAMS (when his name was called) asked to be excused from voting. 
 
 No objection being offered, 
 - Mr. SAMS was excused. 
 
 . Mr. HOLLIS (when his name was called) asked to be excused from 
 voting. 
 
 No objection being offered, 
 
 Mr. HOLLIS was excused. 
 
 The vote was then announced as above. 
 
 PENITENTIARY — AGAIN. 
 
 Mr. 'WHITE, on behalf of a minority of the select Committee on the 
 Penitentiary, presented a Minority Report (which appears, at the point of 
 the proceedings where it was read to the Convention, in the report of the 
 following day.)* 
 
 * Note. A discussion arose in the Convention, on the succeeding day, respecting the correct- 
 ness of the Journal, in omitting mention of the presentation, at this stage of the proceedings, 
 of a report from the minority of the select Committee on the Penitentiary. It has occurred 
 to the Eeporfer that an informal note, setting forth the facts as observed by himself, may be 
 of service in explaining the contradictory recollections expressed. 
 
 After the announcement of the result of the vote upon the adoption of the Memorial on 
 the Hot Springs, Mr. White rose, with a paper in his hand. He was not recognized by the 
 Chair, however, did not obtain the floor, and made no remark ; but sent the paper, by the hands 
 of a page, to the Secretary's desk. Mr. Brooks obtained the floor, and offered the motion 
 for adjournment. Mr. Gantt, in his seat, and in a low voice, called for the reading of the 
 Eeport. Messrs. Puktnet and Cypbrt, while the vote was being taken upon the motion for 
 adjournment, made the remarks which appear in the text. 
 
 The Journal of the day, as amended, contains the Eeport ; but its appearance has here been 
 deferred to the point in the proceedings when it was actually read. — Ebporter. 
 
 ( 523 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Thursday, 
 
 Adjournment.— BEOOKS—CTPBET—PUNTNET—BEADLEY—CTPBET. 
 
 ADJOURNMENT. 
 
 Mr. BEOOKS moved that the Convention adjourn to 10, a.m., of the 
 morrow. 
 
 Mr. CYPEET asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 33, Nays 27, as follows : 
 
 Yeas: Messrs. Belden, Bell, Brashear, Brooks, Ooates, Dale, Exon, Gray of 
 Jeiferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinkle, Houghton, 
 Johnson, Langley, Mallory, Mason, Millsaps, Montgomery, Murphy, McClure, 
 Poole, Priddy, Eateliff, .Sams, Samuels, Sarber, Scott, Snyder, "Williams, Wyatt, 
 and the President — 33. "" 
 
 Nays : Messrs. Bradley, Corbell, Cypert, Duvall, Evans, Exon, Gantt, Hicks, 
 Hinds, Hoge, Kyle, Matthews, Misner, Moore, Norman, Portis, Puntney, 
 Eawlings, Eector, Eeynolds, Shoppach, Smith, Yan Hook, Walker, Wilson, 
 White, and Wyatt— 27. 
 
 So the motion to adjourn to 10, a.m., of the morrow, was agreed to. 
 
 Pending the call of the roll : 
 
 Mr. PUNTJSTEY said : I want to give the gentlemen a chance to hring 
 in their Minority Eeport. 
 
 Before the result was announced : 
 
 Mr. BEADLEY said: I have not heard all the names called. I have 
 not heard the name of Mr. Mason. 
 
 The SECEETAEY called the name of Mr. Mason ; and 
 
 Mr. MASOK" voted Aye. 
 
 Messrs. MILLSAPS, and GEEY, of Phillips, who had voted in the 
 negative, changed their votes, and recorded them in the affimative. 
 
 Mr. CYPEET. Did I understand that a minority report was sent to the 
 table, and has not been acted upon ? 
 
 [Mr. BEOOKS rose to reply, when] 
 
 The PEESIDENT announced the vote, as above ; 
 
 And thereupon, at 12 M., the Convention adjourned to 10, a.m., of 
 Friday, February 7th, 1868. 
 
 { 524 ) 
 
Feb. 6th.] AEKANSAS CONSTITUTIONAL CONVENTION. [24th Day. 
 Penitentiary.— CTPEKT— MASON— BEASLEY— HINDS— MOORE— HODGES. 
 
 TWENTY-FIFTH DAY. 
 
 Friday, February 7th, 1868. 
 Convention met at 10, a.m. 
 
 Prayer was offered by the Chaplain. 
 
 The roll was called ; and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, HoUis, Hodges of Pulaski, 
 Hoge, Houghton, Hutchinson, Kyle, Langley, Mallory, Mason, Matthews, Mer- 
 rick, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Moore, Nor- 
 man, Oliver, Poole, Portis, Puntney, Eawlings, Eector, Eeynolds, Eounsaville, 
 Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, Van Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 Sick, and Excused : Messrs. Hodges of Crittenden, Priddy,- and Owen. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 penitentiary — AGAIN. 
 
 The Journal of the preceding day was read. 
 
 Mr. CYPERT. A minoi'ity report was sent to the Secretary's table. 
 There is no note of that in the minutes as read. 
 
 The EIRST ASSISTANT SECRETARY replied : The gentleman said 
 he withdrew the Report. 
 
 Mr. CYPERT. I state the facts ; and I call upon the gentleman from 
 Chicot [Mr. Mason] to sustain me. 
 
 Mr. MASON. The Report was sent up before the motion to adjourn 
 was made. 
 
 Mr. BEASLEY. Is my vote recorded, on the Hot Springs question ? 
 
 The FIRST ASSISTANT SECRETARY replied: It is not. 
 
 Mt. BEASLEY. That is right. I should have voted against the prop- 
 osition, had I been here. 
 
 Mr. HINDS. If there is no objection, the Committee would desire to 
 have these words embodied in the Report of the Committee on the Elec- 
 tive Franchise. 
 
 No person who has openly advocated or voted for the reconstruction pro- 
 posed by Congress, and accepts the equality of all men before the law, shall be 
 deemed disqualified as an elector. 
 
 Mr. MOORE objected. - 
 
 Mr. HODGES, of Pulaski. I move that the amendment be permitted to 
 go into the Report, and upon that motion I call for the yeas and nays. 
 Mr. CYPERT. I ask to know whether the correction of the minutes 
 
 ( 525 ) 
 
1868.] DEBATES AND PEOCBEDIN-GS OP THE [Friday, 
 
 Penitentiary.— CTPBET— BROOKS— BRADLEY. 
 
 has been made, in accordance with my suggestion. That was the first 
 matter under consideration. Were the minutes corrected, in regard to 
 the Eeport of the Minority of the Committee on the Penitentiary ? 
 
 The FIEST ASSISTANT SECEETARY replied : There was no order 
 for the correction. 
 
 Mr. CYPEET. I have stated the facts in a certain way, and there seems 
 to be no statement to the contrary. I ask that the minutes be corrected 
 in accordance with my statement. 
 
 The PEESIDEE^T. The Chair has no recollection upon the subject. 
 
 Mr. CYPEET. "When the Eeport was sent to the Secretary's table, it 
 lay there until the question was taken upon the adjournment. After that, 
 parties insisted that it should be taken from the Secretary's table. I 
 do not know by whom, but the gentleman who presented the Eeport was 
 urged not to do so — after the adjournment. 
 
 Mr. BEOOKS. The gentleman's statement, I think, is calculated to 
 involve some member of this Convention in a charge of serious misde- 
 meanor; and I hope we shall have no general accusations of that character, 
 without a specification. It is charged that some person took a document 
 from the desk of the Secretary, without the Secretary's consent. I am not 
 disposed to participate in any wrangle with respect to the minutes. My 
 own recollection is to this effect, that the gentlemen on both sides are 
 partially correct. A motion to adjourn was made somewhere in that 
 quarter of the house [the left] before the presentation of the Eeport pf the 
 Committee on the Penitentiary. 
 
 Mr. BEADLEY [in his seat.'] Half an hour before, 
 
 Mr. BEOOKS. I cannot state the time. 
 
 Mr. MOOEE. I will explain to the gentleman from Phillips [Mr. 
 Bkooks] 
 
 Mr. BEOOKS. I cannot consent to be interrupted now. 
 
 Mr. MOOEE. I merely wish to explain 
 
 The PEESIDEISTT. The gentleman from Phillips declines to yield the 
 floor. 
 
 . Mr. BEOOKS. I do not give way to an explanation now. [To Mr. 
 MooEB.J You can make your explanation after I have finished. 
 
 The motion to adjourn was made. The Eeport of the Committee on 
 the Penitentiary was made. The Minority Eeport was announced, and 
 was passed forward— probably by one of the pages. Subsequently to 
 the announcement, I arose, and moved an adjournment. This was while 
 the Minority Eeport was being transmitted to the table. I did not do it 
 hastily, or in any flurry, or with any design *to run into anybody's wheel- 
 house, but moved to adjourn; and the motion, upon the yeas and nays, 
 was carried. 
 
 The PEESIDENT. The Chair will make an obs-ervation. If gentle- 
 
 { 526 ) 
 
Feb. 7tli.] AEKANSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 Penitentiary.— GANTT—CYPEET—BKOOKS. 
 
 men will inform the Chair how long it was, before the motion to adjourn, 
 that they suppose the Minority Report to have been handed in, the Chair 
 can tell whether that Report was actually presented. 
 
 Mr. GANTT. The Minority Report was put in just before the motion 
 to adjourn was made. 
 
 The PRESIDEITT. The recollection of the Chair is, that the motion to 
 adjourn was made some time before it was put. 
 
 Mr. GANTT. The motion to adjourn was withdrawn; and we went on 
 to discuss the subject of the proposed memorial on the Hot Springs. 
 During that discussion, the Minority Report was put in ; and I, in my 
 seat, asked that it should be read. I went to the Clerk's desk, after- 
 wards, to read that Report, and asked to have it, that I might so read it. • 
 That right was denied me; which denial I suppose to have been an 
 abridgment of my rights as a Delegate upon this floor. 
 
 Mr. CYPERT. I ask the gentleman from Phillips [Mr. Brooks] if he 
 did not insist upon the Minority Report being withdrawn ? 
 
 Mr. BROOKS. I answer positively, 'No; and challenge the world, the 
 flesh, and the Devil, upon the subject! [Laughter.] 
 
 Mr. CYPERT. I don't want to introduce the Devil here. I may be 
 wrongly informed; but that was my understanding. 
 
 Mr. BROOKS. You are wrongly informed. 
 
 Mr. CYPERT, I am wrongly informed. But I saw the gentleman in 
 conversation with the gentleman fi-om Chicot [Mr. Mason] — the Minority 
 Report was sent up, the motion to adjourn was made, and I afterwards 
 saw the gentleman in very close conversation with the gentleman from 
 Chicot. If the gentleman says it is not so, I can say it is so. 
 
 Mr. BROOKS. I would like to know of the gentleman, in the first 
 place, at what period of the proceedings he observed that we were in very 
 close conversation? 
 
 Mr. CYPERT. After the adjournment. 
 
 Mr. BROOKS. I would ask, in the second place, if the gentleman 
 wishes to abridge my right to converse closely with my colleagues? 
 
 Mr. CYPERT. By no means. 
 
 Mr. BROOKS. I didn't know but that the gentleman proposed to deny 
 me the privilege of conversing with my colleagues. 
 
 Mr. GAJSTTT. I would like to know whether a majority, or a minority, 
 of a committee, after their report has been tendered, and put upon the 
 Secretary's desk, can withdraw the report from the Convention; and 
 second, whether I, as a delegate, cannot have the privilege of examining 
 any paper upon the desk of the Secretary. 
 
 The PRESIDENT. A resolution has been adopted declaring that no 
 paper shall be taken from the desk, without either the order of the Presi- 
 dent, or consent of the Secretary. 
 
 ( 527 ) 
 
1868.] DEBATES AND PEOOEEDmGS OP THE [Friday, 
 
 Penitentiary.— GANTT—BKOOKS—CYPEKT. 
 
 Mr. GANTT. I did not propose to take the Eeport from the Secretary's 
 desk, I proposed to read it only upon the desk, and my right to do so 
 was abridged. 
 
 Mr. BROOKS. The gentleman is out of order. I understand the 
 question for consideration now to be upon the point raised by the gentle- 
 man from White [Mr. Cypert], — which is perfectly competent and proper, 
 — upon the correction of the Journal. The question raised by the gentle- 
 man from Prairie [Mr. GtANTt] is entirely another matter — it is a matter 
 of personal privilege. 
 
 So far as I recollect, the motion to adjourn, made by myself, was 
 seconded, not by the gentleman from Chicot [Mr. Mason], but by the 
 ■ gentleman from Phillips, my colleague. That, however, is not material. 
 But my recollection is, with the gentleman from White, that my motion to 
 adjourn was made after the Report had been handed to the Page, for trans- 
 mission to the Secretary's table. I claim that it was perfectly competent 
 for me to make the motion, and for the Convention to decide the motion, 
 to adjourn or not to adjourn. It was decided, by the yeas and nays ; and 
 we adjourned. While gentlemen may entertain their private opinions as 
 to the motives for adjournment, that is a matter of opinion, to which gen- 
 tlemen are perfectly entitled. But I submit that it is not in order, to say 
 nothing of courtesy and good fellowship, to attribute motives for adjourn- 
 ment, especially when such motion was made at dinner-time, and gentle- 
 men had made the same motion, half an hour before, on the other side. 
 So far as regards the attempt at a fling at me for my " close conversation," 
 and all that, — I converse when I choose, and with whom I choose, so I 
 converse respectfully, and as a gentleman ; and I do not allow the privi- 
 lege, to the gentleman from White, or any other honorable, or dishonor- 
 able, gentleman, to prescribe to me when, how, or with whom, I shall 
 hold my conversations. 
 
 Mr. CYPERT. Explanations go a certain way, always ; but if the gen- 
 tleman wants to make any such issue, I will bring him to the point. I 
 will ask him another question. 
 
 Mr. BRQOKS. The gentleman has a perfect right to ask any questions 
 he may choose, concerning the adjournment; but he has not a right to 
 indulge in criticisms on my private conversations. 
 
 Mr. CYPERT. ISTo one has asked in regard to the adjournment. But 
 as the gentleman seems to be writhing under the lash, I will go a little , 
 further. [To Mr. Brooks.] After the adjournment, did you not meet with 
 the minority of the Committee on the Penitentiary, and urge them to 
 withdraw their Report ? 
 
 Mr. BROOKS. I will answer, and ask the privilege of having it put 
 upon the Journal. \_Turning to Mr. White.] Did I urge you to withdraw 
 the Report ? 
 ( 528 ) 
 
Peb. 7th.] AEKANSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 
 Penitentiary.— GANTT. 
 
 Mr. WHITE [in his seat.'] ISTo. 
 
 Mr. GANTT. I do not desire to make any unnecessary complaint; but 
 I do feel, and I say here now, that my rights as a delegate upon this floor 
 have been abridged, and without authority. I went to the Secretary's desk, 
 as I had a right to do, and asked the privilege of reading this Report. 
 That privilege was denied me. I say now, and I want it to go to the 
 country, that my rights as a delegate in this body have been abridged. I 
 am here as the representative of an honest constituency ; when I am de- 
 nied a right or privilege due me in that capacity, they are abridged of their 
 rights. I have been so denied, and for some purpose. There could have 
 been no reason for the denial, unless it was intended as a personal dis- 
 courtesy. My relations with the Secretary were kind and cordial. I can- 
 not regard his action as personal to me ; and therefore I must conclude 
 there was some other object. The Report was taken from my hand, and 
 put in the drawer ; and I wish that fact to go to the world. 
 
 So far as the gentleman from Phillips [Mr. Brooks] is concerned, his 
 motion was in order ; and I, and no man, can have a right to question his 
 motives for submitting it. I make no complaint, at all, upon that score. 
 
 The PRESIDENT. The question is upon the amendment of the minutes 
 of yesterday, in accordance with the suggestion of the gentleman from 
 "White [Mr. Cypert], so that the Journal shall show that the Minority Re- 
 port of the Committee on the Penitentiary was presented. The Chair 
 conceives that the remarks in regard to the privileges of members, and 
 so forth, are out of order in this connection. 
 
 The SECRETARY, by consent, said : I desire, right here, to make an 
 explanation ; for I feel that I have done no more than was proper and legiti- 
 mate in the premises. When the Report was handed in, the question 
 before the Convention was upon a motion to adjourn. Mr. Jones [reporter 
 of the "Republican"] had slipped out the paper to look it over: he had 
 not had it a minute before the reporter of the " Gazette" had it. Seeing 
 still three or four other gentlemen making a headlong rush for this Re- 
 port, I placed it in a drawer, to prevent, — what seemed very probable, — 
 its loss. Then the gentleman from Chicot [Mr. Mason] asked for the 
 Report, saying he "desired that Report which he had sent in here." 
 There was no intention, on my part", to injure the feelings of any gentle- 
 man on this floor. 
 
 Mr. GANTT. Let me ask one question. Has the Secretary of this Con- 
 vention the right, after the report of a minority, or of the majority, of a 
 committee has been placed upon the table,— to return that Report, or 
 permit it to be withdrawn, without the consent of the Convention ? 
 
 The SECRETARY, as before, remarked :— I claim that after adjourn- 
 ment no gentleman has any business with any paper upon the desk, apper- 
 taining to the business of the Convention. 
 
 34 ( 529 ) 
 
I 
 
 1868.] DEBATES AISTD PEOOBEDINGS OF THE [Friday, 
 
 Penitentiary.— MOOEE— MASON— GANTT—BJROOKS. 
 
 Mr. MOOEE. I have just to say this, and upon the uniform principle, 
 as I understand, of parliamentary decisions : that when a document is filed 
 with the Secretary, and on his desk, nohody can take it from this Conven- 
 tion without the consent of the Convention — that such document is then 
 the property of the Convention, and that neither the gentleman offering 
 it, nor anybody else, can withdraw it without the consent of the body. 
 I know not what this Report says, nor do I care; neither would I im- 
 pugn the motives of any gentleman upon this floor. But the Report is 
 a part of our record; it belongs here. Parliamentary usage is, that it is 
 to be considered as belonging to the House, and cannot be withdrawn but 
 by permission of the House. I therefore say that the document ought to 
 be replaced upon the table, and should be read. If it was slipped in the 
 
 drawer 
 
 Mr. MASO^N" here presented the Report in question, being that of a 
 minority of the Select Committee on the subject of the Penitentiary. 
 Mr. GANTT. Is it the same Report ? 
 Mr. MASOK Yes, sir. 
 Mr. GANTT. Unchanged ? 
 ■Mr. MASOK Yes, sir. 
 Mr. GANTT. Let it be read. 
 
 Mr. BROOKS. There is a rule of this body, requiring that no docu- 
 ment shall be removed from the table without the consent of the Secre- 
 tary. Now I submit that under such a rule it is competent for the Secre- 
 tary, in his discretion, to allow a temporary removal, from the table, of 
 any document; the Secretary holding himself responsible to the Conven- 
 tion. 
 
 Mi;, GAISTTT. I do not question that right of the Secretary at all ; but 
 I understood that the removal of the Report from the table was intended 
 as a withdrawal of the paper from the Convention ; and the minutes do 
 not show, this morning, that it was presented, at all. 
 
 Mr. BROOKS. I do not refer to the remarks of the gentleman from 
 Prairie [Mr. Gantt], but of the gentleman on the other side of the house 
 [Mr. Moore.] I stated to the gentleman [Mr. Gantt] at the time, yes- 
 terday, in private conversation, that I made no point as against him. Mj 
 remark was not intended as responsive to anything from him, but to the 
 gentleman from Ashley, which was to the effect, whether so intended or 
 not, that it was not within the prerogative of the Secretary to allow a tem- 
 porary removal of papers from his desk. I contend that the Secretary 
 did not violate any rule of this body, when, in the exercise, under au- 
 thority expressly conferred upon him by the Convention, of discretion as 
 an officer of the Convention, he allowed the Committee the temporary 
 use of a document, holding himself responsible to this body, as its officer. 
 Mr. MOORE. It was not my intention to convey the idea that the Secre- 
 ( 530 ) 
 
Feb. 7th.J AEKANSAS COlSrSTITUTIONAL CONVENTION". [25th Day. 
 Penitentiary.— MOOKB—GANTT— HICKS. 
 
 tary had transcended his duty, in permitting the withdrawal of that docu- 
 ment. I hold, however, that it is the property of this Convention, and 
 ought to be properly placed upon its records. Any member can, with the 
 consent of the Secretary, withdraw any paper; but it had piifiperly be- 
 come, and is now, the property of this body; and its presentation should 
 be duly noted. 
 
 The PRESIDENT. There is no question upon this subject. The Chair 
 is of the opinion that, under the circumstances, the Secretary had the 
 right to permit the gentleman from Chicot [Mr. Mason] to take the paper. 
 There seemed to be several gentlemen very desirous of getting hold of the 
 Report, — among others, the gentleman from Chicot. The Secretary could 
 not deliver the paper to all ; and if any preference was to be given in the 
 matter,- as would appear to have been indispensable if anybody was to 
 have it, the gentleman from Chicot, as a member of the Committee, and 
 one of those members who presented the Report in question, would be 
 first entitled to its possession. 
 
 Mr. G-ANTT. I will ask whether the Secretary could deny me the 
 privilege of reading the Report at the desk. 
 
 The PRESIDENT. The Chair understands that the demands were 
 made close together. 
 
 The SECRETARY, as before, remarked :— There were three persons 
 at the same time endeavoring to obtain possession of the paper. 
 
 Mr. GANTT. It was put in the drawer. 
 
 The SECRETARY. It was not put in the drawer until after the time of 
 which I speak. 
 
 The PRESIDENT. The Chair'regards the question as settled. 
 
 Mr. HICKS. I desire to make an explanation. Some little asperity has 
 been manifested, in regard to a remark which I heard the gentleman from 
 Phillips [Mr. Brooks] make gse of 
 
 The PRESIDENT. The gentleman's remarks are out of order. It has 
 already been stated that the Chair regards the question before the Con- 
 vention as settled. 
 
 Mr. HICKS. But I rise to a personal explanation. This is a matter of 
 veracity. I wish to make a statement; as neither of the gentlemen have 
 understood this matter. After the adjournment of the Convention, I stood 
 there [pointing to a position in the aisle], and heard the gentleman from 
 Phillips [Mr. Brooks] remark to the minority of this Committee [Messrs. 
 Mason and White] that they ought to confide in those who had been 
 always their. friends, and had always proved their fidelity. [Laughter on 
 the left.] -They had the Report in their hands; and I presume the refer- 
 ence was to the Report. 
 
 So far as the other statement is concerned, it is a misapprehension, on 
 the part of the gentleman from White [Mr. Cyperx.] 
 
 ( 531 ) 
 
1868.] DEBATES AND PEOCEEDESTGS OP THE [Friday, 
 
 Penitentiary — Elective Franchise. — HINDS. 
 
 The PRESIDENT. The Chair understands the gentleman from "White 
 [Mr. Cypert] to ask that the minutes be so amended as to show that the 
 Minority Report was presented on yesterday. 
 
 Mr. CIPPERT. Yes, sir. 
 
 The PRESIDENT. If there is no further objections the minutes will be 
 so amended. 
 
 Mr. HINDS. It is the desire of the Committee that the Minority Report 
 shall be printed with the Report of the majority. It was intended to 
 accompany the Majority Report. 
 
 The PRESIDENT. If there is no objection, this Report, which the gen- 
 tleman says was intended to accompany that of the Report of the majority, 
 will be referred to the same Coriimittee, and printed with the Majority 
 Report. 
 
 Mr. KYLE. I call for the reading of the Minority Report of the Com- 
 mittee on the Penitentiary. 
 
 The PRESIDENT inquired of the Secretary whether there was any 
 special order of the day. 
 
 The SECRETARY informed the Chair that it was impossible to procure, 
 from the printer, copies of the Report which had been made the subject of 
 the special order of the day. 
 
 The PRESIDENT. If the gentleman from Dallas [Mr. Kyle] will wait 
 a few moments, — the Report the consideration of which forms the special 
 order of the day, not being attainable, — the paper which he calls for' will 
 "be read. 
 
 Mr. G-ANTT. I rise to a personal explanation. The discussion in regard 
 to the reception, and so forth, of the Minority Report of the Penitentiary, 
 having been somewhat heated, I desire to add a single remark. I desire 
 to say that the Secretary, I am entirely certain, intended nothing personal 
 to me. And I take this occasion to say that thus far, he has been a com- 
 petent and faithful officer of the Convention. Our relations are kind; and 
 I am very much gratified to express my conviction that nothing unfair was 
 intended by him, in the matter referred to. 
 
 ELECTIVE FRANCHISE — AGAIN. 
 
 Mr. HINDS, from the Committee on the Elective Franchise, submitted 
 the following clause, accidentally omitted from the Report of the Commit- 
 tee, and which he now desired to have inserted. 
 
 No person who has openly advocated or voted for the reconstruction pro- 
 posed by Congress, and accepts the equality of all men before the law, shall be 
 deemed disqualified as an elector. 
 
 Objection being made, 
 
 The question was taken upon the proposition that the omitted clause be 
 ( 532 ) 
 
Feb. 7th.J ARKANSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 Minority Eeport of Committee on Penitentiary. 
 
 printed, and take the same course with the Majority Report of the Com- 
 mittee ; and the proposition was agreed to. 
 
 [For convenience of reference, this clause has been inserted in brackets, 
 in the Report of the Committee, as originally presented. The clause' ap- 
 peared in the Report, as printed for the use of the Convention.] 
 
 The Journal of the preceding day was then appproved. 
 
 PENITENTIARY — AGAIN. 
 
 No reports of standing committees being presented, and 
 Reports of select committees being in order. 
 The SECRETARY then read the following 
 
 MINOKITT EEPOET OF COMMITTEE ON THE PENITENTIAEY. 
 
 Having been added to the Committee on Penitentiary, by the Constitutional 
 Convention, and having participated in the labors of investigation of the eon- 
 tract under which the same is now held, and also in the examination of wit- 
 nesses, in regard to treatment, discipline of prisoners, etc., as a natural result 
 we have formed some opinion, upon the various subjects under consideration. 
 Those opinions we expected to have an opportunity of expressing to the Com- 
 mittee of which we formed a part, before final action was taken, or the Eeport 
 submitted ; not doubting but that in all probability the few differences that 
 might exist between ourselves and the majority, on a comparison of views, 
 could be harmonized so as to obviate the necessity of presenting a minority 
 report. 
 
 We regret the fact that the Committee, reporting, has not extended that 
 courtesy toius that we claim was our due. 
 
 1st. It appears, on investigation, that the contract was awarded to Messrs. 
 Hodges, Peay, & AliflF, by the action of the last General Assembly of the State 
 of Arkansas. As to the legality of said action, we do not feel ourselves com- 
 petent to determine. 
 
 2d. It appears that the lease is for the term of fifteen years; also, that the 
 contracting parties receive the aid of the State funds, — first in the sum Of thirty- 
 eight thousand two hundred and seventy-five dollars ($38,275) ; in addition) 
 twenty- five dollars for each iron bedstead, mattress, and bed clothing ; seventy- 
 five cents per foot for piping for heating cells and main building : the probable 
 cost of the last two items, as estimated by Messrs. Hodges, Peay, & Aliff, is 
 thirteen thousand dollars ($13,000). Taking these sums together, they make 
 in the aggregate, fifty-one thousand two hundred and seventy-five dollars 
 (151,275), to start on, to be drawn out of the State treasury, for the purpose 
 of putting the institution in running order; and the State supplies this amount 
 of capital, without interest, for eleven years ; and as much more as may be 
 necessary for completing the arrangements of said contract, and for the first . 
 three years, adds thirty-five (35) cents per day for the subsistence of each pris- 
 oner. For these and other franchises secured, the State expects at the end of 
 fifteen years to have solved the problem, as to whether the institution can be 
 
 ( 533 ) 
 
1868.] DEBATES AISTD PEOCEEDINGS OP THE [Friday,* 
 
 Minority Report of Committee on Penitentiary. 
 
 made self-supporting or not; and for the privilege of having tried the experi- 
 ment, reserves to herself the right to purchase machinery, etc., at its appraised 
 value, if she should be able. The labor and mechanical skill of prisoners, in 
 the taeantime, simply and solely contributing to the benefit of the contractors; 
 they agreeing, after the term of three years, to pay for such labor in provisions, 
 to the amount necessary for subsistence and clothing for each convict laborer. 
 Perhaps, in the judgment of the General Assembly, this may have been con- 
 sidered the best and cheapest arrangement possible to be made, after com- 
 paring this contract with the management of other State institutions of this 
 kind. Be that as it may, it is evident that the Governor dissented to the 
 action of the General Assembly, and, it is fair to suppose, for good and suffi- 
 cient reasons ; as men of all shades of political opinion admit his integrity of 
 purpose, and honesty of intent, in public life. "We conclude, that at the present 
 time, but little harm may result from the continuance of the contract under its 
 present form, but we hold that it is impossible to estimate the influence that 
 it may exert over the destinies of the State, when fostered by fifteen years of 
 growth. It arises into a colossal monopoly, overshadowing and perhaps con- 
 trolling the whole mechanical industry of the State. This, we think, is a sub- 
 ject for the deepest consideration ; and while we do not feel willing to offer 
 , positive advi(je we would commend it to your serious consideration. 
 
 3d. The infliction of corporeal punishment. 
 
 This species of punishment, by the use of a strap some eighteen inches in 
 length, and three inches in width, upon the naked person of the prisoner, we 
 find to be in common use. Although aware of the necessity of strict discipline 
 in all institutions of this kind, knowing also that the lash is countenanced, 
 though rarely if ever used, in a few of the States composing the American 
 Union; that this prototype of the Eussian knout, — this semblance of the 
 cato'-nine-tails, — this relic of barbarism, — this unnecessary degradation of men 
 already sufftciently lowered in human estimation, we consider to be abhorrent 
 to every feeling of humanity, and to every dictate of Christianity. The or- 
 ganic law of the State guarantees the full protection of the person of the pris- 
 oner. Has this guarantee been sustained? To this point we would also call 
 your attention, and would respectfully recommend the incorporation of an 
 article into the organic law, abolishing this species of punishment. 
 
 4th. As to the mode of investigation. 
 
 We must say, in justice to ourselves, that we were not entirely satisfied with 
 the course pursued in the examination of witnesses; the party representing 
 those charged with the infliction of cruelty, although having disclaimed all 
 personal interest in the matter, being chief examiner. 
 
 5th. The inquiry is made as to who were the original contractors, and by 
 whom the lease is now held. It appears that but one of the first parties is 
 known in the lease at this time. 
 
 6th. It seems to us that an inquiry would then naturally arise as to the effect 
 that this action would have upon the original security bond — whether that 
 bond was and is sufficient. 
 
 7th. That portion of the Majority Eeport severely animadverting upon the 
 
 ( 534 ) 
 
Feb. 7th.] AEKANSAS CONSTITUTIONAL CONVENTION. [25lh Day. 
 Penitentiary.— BEADLET— BROOKS— GANTT— HODGES— MASON— McCLUKB. 
 
 conduct of the last General Assembly of the State of Arkansas, in charging 
 upon them the expenditure of ten thousand dollars of the State funds in 
 drunkenness, riot, and debauchery with Andrew Johnson. 
 
 We think this irrelevant to the subject, and foreign to the resolution passed 
 by this body as a basis for our action. While we hold it to be the right of the 
 representatives of the people to investigate the conduct of public servants, 
 yet, however unworthy they may have conducted themselves in the discharge 
 of their public duties, we cannot agree in the use of otBer than temperate and 
 respectful language. 
 
 Jas. W. Mason, 
 J. T. White. 
 
 Mr. BRADLEY moved that one hundred copies of the Report be 
 printed. 
 
 Mr. BROOKS moved to amend by adding that the entire subject be 
 made the special order of the day for Tuesday, February 11th. 
 
 Mr. GAISTTT. I hope the gentleman [Mr. Bradley] will accept the 
 amendment. 
 
 Mr. BRADLEY. I accept the amendment. 
 
 Mr. HODGES, of Pulaski. Perhaps I might say a word more. I may 
 not have another opportunity of saying a word upon this subject. If, in 
 this Report, there is any idea that the parties now holding the contract 
 had any influence over the Committee empowered to make this examina- 
 tion and Report, I would like to have them state the facts of the case. 
 
 Mr. BRADLEY. I object to this discussion. The merits of this Re- 
 port will be discussed at the proper time, and in a regular manner. 
 
 Mr. HODGES. I am much obliged to the gentleman, for his objection. 
 I have a right to personal explanation. • 
 
 Mr. MASOJSr. I do not understand that there is any such charge in the 
 Report. 
 
 Mr. HODGES. I mean to say that if there is any charge of undue 
 influence exerted, in this matter, on the part of any persons connected 
 with the contract, I wish to have that corrected. I thought, from a first 
 hearing of the Report, that it did indicate something of the kind; and I 
 would like to have the matter made clear. 
 
 Mr. McCLURE. The gentlemen who have presented this Report, seem 
 to think that they were overlooked and slighted, in the fact that the Ma- 
 jority Report was not submitted for their consideration. I have this to 
 say, in respect to that point. A consultation was had with the entire Com- 
 mittee, after the evidence had been reduced to writing, and the material 
 facts contained in the Report were agreed upon. At that time there was 
 no such discrepancy of views expressed, as now. The gentlenien then ob- 
 jected to the infliction of a certain class of punishment recognized as in 
 use in the Penitentiary. That was no part of our investigation; we were 
 
 ( 535 ) 
 
1868.] DEBATES AND PEOCBEDmGS OF THE [Frida/, 
 
 Eules of Order.— HINDS— CTPEBT. 
 
 not required to investigate the question, whether the punishment used iu 
 the Penitentiary, was, or was not, too severe. It was objected, that an un- 
 heard-of mode of punishment was adopted. There was a unanimity, I 
 say, on all parts of the subject except that. They had no more right 
 
 Mr. MOORE. I rise to a point of order. I would inquire whether the 
 gentleman is in order. 
 
 Mr. McCLTJRE. I|^m making a personal explanation. 
 
 Mr. MOOEE. I suppose no argument is pertinent, except upon the 
 question of reference. 
 
 The PRESIDENT. Personal explanation seems to be in order this 
 morning; and the Chair is disposed to allow the gentleman a reasonable 
 latitude in his remarks. 
 
 Mr. McCLURE. I have, then, to say that, the views of the Committee 
 being thus ascertained, I sat down, with the gentleman from Desha [Mr. 
 Sims], to draw up the Report. There were several members of the Com- 
 mittee; but no member of the Committee except the gentleman from 
 Desha and myself saw the Report. These gentlemen have not been 
 treated with more disrespect than any other members of it. I am the 
 Chairman of the Committee ; I am not its clerk. If I make out the Re- 
 port, after discussing it with the members present at the meeting of the 
 Committee, I embody in the Report my feelings and sentiments on the 
 subject. Every individual member of the Committee had the right to 
 make his report ; but when I write a report, I write what I think, and not 
 what others think. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. MOISTTGOMERY. Are both Reports to be made the special order 
 for Tuesday next? 
 
 The PRESIDENT. The Chair intended to state the question in that 
 form. It will so stand, unless objected to. 
 
 RULES OF ORDER — AGAIN. 
 
 Motions, resolutions, and notices being in order, 
 
 Mr. HINDS said: I gave notice that I should introduce 'a motion to 
 amend Rule I, so that it shall require one-half the members of the Con- 
 vention, instead of two-thirds, to constitute a quorum. 
 
 I now move to amend Rule I, by striking out the word "two-thirds," 
 and inserting, instead thereof, the word "one-half." 
 
 Mr. CYPERT. I ask for the yeas and nays, on that motion. Of course, 
 I shall oppose it. * 
 
 The yeas and nays were ordered. 
 ( 536 ) 
 
' Feb. 7th.J AEKANSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 Public Printing — Penitentiary — Sale of Hot Springs — Erection of a new Co. (" Magazine.") 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 40, N"ays 23, as follows : 
 
 Yeas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Bxon, Gray of 
 Jefferson, Grey of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hollis, Hodges 
 of Pulaski, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, Misner, 
 Millsaps, Montgomery, Murphy, MeClure, Oliver, Poole, Portis, Eawlings, 
 Eector, Samuels, Sarber, Scott, Smith, Snyder, White, Williams, Wyatt, and 
 the President — 40. 
 
 Nats : Messrs. Beasley, Bradley, Corbell, Cypert, Duvall, Evans, Gantt, Har- 
 rison, Hicks, Hoge, Houghton, Kyle, Matthews, Moore, Norman, Puntney, Eey- 
 nolds, Eounsaville, Shoppach, Tan Hook, Walker, Wilson, and Wright — 23. 
 
 So the amendment was agreed to. 
 
 PUBLIC PRINTING — AGAIN. 
 
 Mr. KYLE. I desire to give notice that on to-morrow, I shall move to 
 reconsider the vote by which the public printing was taken from the 
 parties executing it under a contract made by the last Legislature ; and 
 for making that motion, I will give my reasons when the question shall 
 come before the Convention. 
 
 PENITENTIARY — AGAIN. 
 
 Mr. HODGES, of Pulaski, extended an invitation to the members of 
 the Convention, to visit the Penitentiary, at half-past-two o'clock on the 
 following afternoon. He expressed a hope that the investigation in the 
 matter of the Penitentiary might proceed, and the question be settled. 
 
 Mr. GANTT moved that the invitation be accepted, for Monday fol- 
 lowing. 
 
 Mr. HODGES. I said, Saturday, at half-past-two o'clock. 
 
 Mr. G AN TT. I move, then, that the invitation be accepted. 
 
 The question was taken ; and the motion was agreed to. 
 
 SALE OF ARKANSAS HOT SPRINGS — AGAIN. 
 
 Mr. HOLLIS, gave notice that on the morrow he should move a re- 
 consideration of the vote by which the Memorial to Congress in relation 
 to the sale of the Arkansas Hot Springs, was adopted. 
 
 ERECTION OF A NEW COUNTY (" MAGAZINE,") 
 
 Mr. SCOTT offered the following resolution : 
 
 Besolved : That all that portion of the Counties of Franklin and Scott included 
 
 ( 537 ) . 
 
1868.] DEBATES AND PEOCEBDINGS OE THE [Friday, 
 
 Eemoval of Political Disabilities — Office of Postmaster of Convention. 
 
 in the following boundaries, viz. : Beginning at the northwest corner of Scott 
 County, where the 'township line dividing Townships 6 and 7 crosses range 
 line dividing 25 and 26, running west, on said township line, to range line 
 dividing ranges 28 and 29 ; thence south, on the boundary line between Scott 
 and Sebastian, to township line dividing Townships 3 and 4; thence east, on 
 said line, to the point of beginning ; — be, and the same is hereby, formed into 
 a separate and distinct County, to be called and known by the name of " Maga- 
 zine," to have, enjoy, and exercise, as a body politic and corporate, all the 
 rights, privileges, and immunities of an independent County. 
 
 Second, The first Legislature shall enact laws for the carrying into effect 
 the objects of the resolution. 
 
 Mr. SAE.BEE moved that the resolution be referred to the Committee 
 on the Judiciary. 
 
 The question was taken ; and the motion was not agreed to. 
 
 KEJIOVAL OP POLITICAL DISABILITIES — AGAIN. 
 
 Mr. HENDS announced that the select Committee appointed to draft a 
 memorial to Congress in relation to the removal of political disabilities, 
 would be ready to receive the names of such persons as might be entitled, 
 under the resolution, to the recommendation. 
 
 The PRESIDENT asked when the Committee would be ready to re- 
 ceive such names. 
 
 Mr. HINDS replied : At any time. The Chairman, or any member of 
 the Committee, would receive them. 
 
 OFFICE OF POSTMASTEE OF CONVENTION. 
 
 Mr. WILSON. I offer the following resolution, declaring vacant the 
 office of Postmaster of the- Convention. I represent the laboring class. I 
 find that, in fact, we have no Postmaster now. 
 
 Resolved: That the office of Postmaster of this Convention be, and the same 
 is hereby, declared vacant. 
 
 Mr. BEOOKS moved that the resolution be amended by striking out 
 the word " vacant," and inserting, instead thereof, the word " abolished." 
 
 Mr. "WILSON accepted the amendment. 
 
 Mr. REYNOLDS asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the affirmative,— Teas 
 61, Naj'B 2, as follows : 
 ( 638 ) 
 
Feb. 7th.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 Illegitimate Children.— MASON. 
 
 Yeas: Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, 
 Corbell, Oypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of 
 Phillips, Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of 
 Pulaski, Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Matthews, Misner, Millsaps, Montgomery, Murphy, McClure, Moore, 
 Norman, Oliver, Portis, Puntney, Eawlings, Eector, Eeynolds, Eounsaville, 
 Samuels, Sarber, Scott, Shoppach, Smith, Snyder, Van Hook, Walker, Williams, 
 White, Wilson, Wright, Wyatt, and the President — 61. 
 
 Nats : Messrs. Merrick and Poole — 2. 
 
 So the resolution was adopted. 
 
 Pending the call : 
 
 Mr. LANGLEY asked to be excused from voting. 
 
 Mr. GAE"TT. I object. 
 
 Mr. LANGLEY. I would state my reasons. The Postmaster is an old 
 friend of mine ; and I would regret to participate in any action which 
 might wound his feelings. [Cries of " Excuse him."] 
 
 Mr. GANTT. I object. 
 
 Mr. LANGLEY. Aye. 
 
 The vote was then announced as above. 
 
 Mr. BROOKS moved that Mr. Mtjstain, Third Assistant Doorkeep.er, 
 be instructed to attend to the mail matter of the Convention. 
 
 Mr. CYPEET moved, as an amendment, that the Pages might be called 
 upon to assist in the performance of the duty. 
 
 The question was taken on the motion as amended ; and the motion was 
 agreed to. 
 
 ILLEGITIMATE CHILDREN. 
 
 Mr. MASON presented the following 
 
 ORDINANCE. 
 
 Be it ordained by the people of the State of Arkansas, in Convention assembled : 
 That all Illegitimate children shall inherit from the mother, and the mother 
 from the children. They shall also inherit from the father, whenever th0y shall 
 be recognized by him as his children. 
 
 But such recognition must have been general and notorious ; or, otherwise, in 
 writing. If the recognition of relationship has been mutual, the father may 
 inherit from his illegitimate child; but in such cases the ordinary rule of inherit- 
 ance shall be inverted, so that the mother and her heirs shall take preference 
 of the father and his heirs. 
 
 ( 539 ) 
 
1868.] DEBATES AND PEOCEEDIlSrGS OP THE [Friday, 
 
 Adjournment..— CYPERT— MOORE— HODGES of Pulaski. 
 
 "Which was read a first time. 
 
 Mr. HINDS moved that the Report be referred to the Committee on 
 the Judiciary. 
 
 ADJOURNMENT. 
 
 Mr. MOJSTTGOMEEY moved that the Convention adjourn to 10, a.m., 
 of Saturday, February 8th. 
 
 Mr. CYPERT, by consent, said: It is not yet the regular hour of ad- 
 journment; it is not twelve o'clock. I ask for the yeas and nays. 
 
 The yeas and "nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas, 
 37, lifays 26, as follows : 
 
 Teas : Messrs. Belden, Brooks, Dale, EvaBS, Gantt, Gray of Jefferson, Grey 
 of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hollis, Hodges of 
 Pulaski, Houghton, Hutchinson, Johnson, Langley, Mallory, Mason, Merrick, 
 Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Poole, Eaw lings, 
 Eector, Samuels, Sarher, Smith, Snyder, "White, "Williams, and "Wyatt — 37. 
 
 Ways : Messrs. Beasley, Bell, Bradley, Brashear, Coates, Corbell, Cypert, 
 Duvall, Exon, Hicks, Hoge, Kyle, Matthews, Moore, Norman, Portis, Puntney, 
 Reynolds, Eounsaville, Scott, Shoppach, Van Hook, Walker, Wilson, Wright, 
 and the President — 26. 
 
 So the motion was agreed to. 
 
 Pending the call of the roll : 
 
 Mr. MOORE (when his name was called) said : In order that I may vote 
 understandingly, I would like to inquire if there is any business, before 
 the Convention, that we eould dispose of to-day, so that we may not be 
 spending the people's money foolishly, idly, and in "riotous and lascivious 
 living," around this town. 
 
 Mr. HODGES, of Pulaski. I move that a committee be appointed, to 
 keep the gentleman from living in the manner specified. 
 
 Mr. MOORE [to Mr. Hodses.] I don't ask you for any protection. 
 
 The PRESIDENT. Let the call of the roll proceed. 
 
 Mr. MOORE. I vote No. 
 
 The vote was then announced as above; 
 
 And thereupon, at 11.25, a.m., the Convention adjourned to 10, a.m., of 
 Saturday, February 8th. 
 
 ( 540 ) 
 
Feb. Tth.J AEKANSAS CONSTITUTIONAL CONVENTION. [25th Day. 
 rinances of the State.— MALLOKT—GANTT—CTPERT. 
 
 TWENTY-SIXTH DAY. 
 
 Saturday, February 8th, 1868. 
 Convention met at 10, a.m. 
 Prayer was oflered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Bxon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski, 
 Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, Mat- 
 thews, Merrick, Misner, Millsaps, Montgomery, Murphy, MoCown, MeClure, 
 Moore, Norman, Oliver, Poole, Portis, Priddy, Puntney, Ea-vylings, Eector, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, Van 
 Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 Excused : Messrs. Hodges of Crittenden, and Owen. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 FINANCES OF THE STATE — AGAIN. 
 
 The special order of the day, being the consideration of the Report of 
 the Committee on Finance, etc., upon the condition of the finances of the 
 State, being first in order, 
 
 Mr. MALLORY moved that the Report be adopted. 
 
 Mr. GANTT. I would ask,— which Report? The Committee have 
 submitted a number. 
 
 The PRESIDENT, That made the special order of the day ;— the Report 
 in answer to the resolution submitted by Mr. Brooks, of Phillips. 
 
 Mr. CYPERT. The one in relation to the Real Estate Bank, etc. ? 
 
 The PRESIDENT. Yes, sir. 
 
 Mr. GANTT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. CYPERT. I desire to make a few remarks, in regard to the Re- 
 port. I do not object so materially to the conclusions arrived at by the 
 Committee ; but the verbiage of the Report I consider discourteous in the 
 extreme. I could not consent to have it go out to the world that I had 
 voted for the adoption of the language used, in this Report, toward any 
 class of citizens of the State, or of the United States. If the facts are as 
 
 { 541 ) 
 
 \ 
 
1868.] DEBATES AND PEOCBEDHSTGS OP THE [Saturday, 
 
 Finances of the State.— HODGES of Pulaski— (JAiTTT— BRADLEY— CTPEET. 
 
 stated, the parties would properly be amenable to the courts, for the com- 
 mission of some of the highest crimes known to the law. If untrue, the 
 Committee are liable to prosecution for libel. 1. do not wish to place 
 myself upon the record, here, as voting to say that individuals in the State 
 of Arkansas have committed robbery, or constitute a body of thieves. If 
 I were a juryman, and the proof sustained the accusation, I should of 
 course say so; but as an individual, and as a member of this Convention, 
 I am not permitted to say so. If I were to say so, I am amenable to the 
 laws of the country, if I could not, in a prosecution for slander or libel, 
 sustain the truth of the allegation. I cannot, then, in the absence of proof 
 of the facts stated in the Report, vote for the adoption of any such report. 
 It charges parties with robbery, with being thieves, with adopting plans, 
 in the conduct of the finances of the country, known only to thieves and 
 robbers. I wish to know if there is any gentleman here who desires to 
 place himself upon the record as asserting the truth of such statements, 
 when he may be held, before the courts of the country, to the proof. For 
 I do not hesitate to say that were I one of the citizens referred to, I would 
 hold that Committee responsible, before the courts of the country, for a 
 libel. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. I wish to know 
 whether members of this body are responsible, outside this body, for their 
 acts here ? 
 
 Mr. CYPERT. Of course they are. 
 
 Mr. GANTT [in his seat.] Unquestionably. 
 
 Mr. BRADLEY [in his seat.^ Certainly they are. 
 
 Mr. HODGES. I understand that for what they may here say, members 
 are not elsewhere to be questioned. 
 
 Mr. BRADLEY [in his seat.} We take a different view, on this side of 
 the house. 
 
 Mr. CYPERT. I await the decision of the Chair, on the point of order 
 raised. 
 
 The PRESIDENT. The gentleman from White [Mr. Ctpert] can pro- 
 ceed with his remarks. 
 
 Mr. CYPERT. Whatever is published of an individual, whether by a 
 corporate body or by an individual, or by a Committee,— if it be false and 
 libellous, the parties giving it publicity are responsible before the law. I 
 say, then, the Report is a public document, and goes before the world as 
 a public statement, respecting citizens of the State of Arkansas. I say 
 it is libellous ; and that the party publishing it to the world is answerable 
 to these individuals, and can be prosecuted, for the libel, before a court of 
 justice. I say, then, I am not willing, in the absence of proof, to vote 
 that these statements are true. If true, and proven before a court of jus- 
 tice, I should certainly, were I a juryman, pronounce the parties accused, 
 ( 542 ) 
 
Feb. 8th.J AEKAISTSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Finances of the State.— McCLUEE—MOOKE. 
 
 to be guilty of crime. But when they are not so proven by any testimony 
 before this body, and the statements are merely those of a number of 
 individuals styling themselves a. committee for investigation, and unsub- 
 stantiated by proof, I cannot vote for them. I will not pronounce any of 
 my fellow-citizens guilty of such crimes as are charged against these per- 
 sons, unless I shall have proof of the truth of the charges; and then I am 
 not permitted so to pronounce them, unless as a juryman. 
 
 I do not wish to say anything further. 
 
 Mr. McCLURE. The Committee are aware of their legal responsi- 
 bility, and have made these statements in the entire conviction that they 
 can substantiate, by ample proof, everything charged in the Report. The 
 history and condition of this State may be proved like the Common 
 Law — the custom of the country proves it. It requires no individual 
 proof, to substantiate these statements. They are statements of facts noto- 
 rious, — apparent to every man. 
 
 I observe that, in this Convention, every reference to these and some 
 kindred facts seems to touch upon a tender spot, with some individuals ; 
 and every time we touch the tender spot, it winces. I say, sir, that no 
 State in the Union ever permitted, that the citizens of no State were ever 
 subjected to, such debauchery and corruption, on the part of its public 
 officials, as the State of Arkansas. So far as the State is concerned, she 
 stands unparelleled in the history of crime ; and if this Report touches a 
 tender spot, it is only because it reflects upon, and may expose, those who 
 were engaged in such transactions. 
 
 Mr. MOORE. When the report of this Committee was laid upon my 
 desk, this morning, and after I had read it over, I could but look upon it 
 as a monstrous document. It was astonishing, to me, that the Committee 
 on Finance should have made such a wonderful discovery, a discovery 
 which, if true as set forth, ought to consign the whole State of Arkansas 
 to tlie Penitentiary. It revealed to me a state of facts of which I had no 
 knowledge before. I had not supposed, I had not believed, that I lived 
 amid a band of robbers and thieves. I had not believed that my lot had 
 been cast in a State where all the great men, all the leading men, of the 
 State, were banded together for the purpose of robbery and theft. I do 
 not believe it to-day. 
 
 But if I was surprised when I read these charges, I am yet more aston- 
 ished when the learned gentleman from Arkansas [Mr. McClukbJ rises 
 here to say that they need no proof! I must believe, from his declaration, 
 then, that he is willing and disposed to take the bare assertion, or vague 
 report, for positive and incontestable proof, even to condemn parties to 
 the Penitentiary, for felony. If that is to be the kind of law that is to be 
 inaugurated in our State, I say, for the sake of high Heaven, let me leave 
 the State, and find a country where there are some honest men. For 
 
 (543 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Saturday, 
 
 Finances of the State.— MOOKE. 
 
 does the country show any better men, to-day, than were here before? 
 Do the more recent developments of our history promise any better state 
 of honesty and moral rectitude than was displayed by the residents of 
 Arkansas heretofore ? Are the characters of those who were to the manor 
 born, to be thus impugned without any shadow of proof? Are they, without 
 a particle of testimony, to be held up, not only before us and before this 
 country, but before the civilized world, as a parcel of thieves and robbers, 
 and no means allowed them of vindicating their reputation for honesty 
 and integrity ? I hope this Convention will spurn this paper from its 
 presence. They talk of the public debt that has been heaped upon Arkan- 
 sas. Great Grod ! if we take up the history of all the States, if we take up 
 the history of the United States, for the last four years, what an immense 
 debt do we see has been heaped upon this country — and by what party? 
 By what class of legislation ? Then in what comparison does Arkansas 
 stand with that ? Sir, it was the party now in power, that engulphed the 
 United States in debt; and, to-day, if the whole la.nded estate of the coun- 
 try were sold, the proceeds would not pay the interest on that debt for 
 one year. Yet gentlemen tell us, upon this floor, that all Arkansas was 
 made up of robbers a,nd thieves, before the war ; and that the only means 
 for payment of this debt was to inaugurate secession. Sir, what is the 
 meaning of that statement? It is simply a taunt and a jeer at Arkansas. 
 Who pays the taxes of Arkansas ? Go, look up your records — go to the 
 Auditor's office, and investigate the taxes of' the present year; and find 
 who pays the taxes of Arkansas, who supports the State Government of 
 Arkansas. Does the money come from those who are striving to wield 
 the power, to grasp the reins of government, in the State ? Sir, the facts 
 stand out in bold rehef ; and every one that has an eye to see and an ear 
 to hear, can know them by applying at the State Auditor's office. And 
 in the light of these facts all the more did these charges strike me as mon- 
 strous, as wonderful — exceedingly wonderful. When I first read them I 
 was shocked — I shuddered — I felt inclined to regret that my lot had ever 
 been cast in this country ; for .had I come here to-day and found such a state 
 of things in truth to exist, and had had a thousand dollars in my pocket, I ' 
 would have " got out of" here, as rapidly as possible. Would yoii feel safe, 
 Mr. President, if Arkansas were composed of a set of thieves and rob- 
 bers, organized for the purpose of plunder ? Would you feel safe among 
 such people ? Are our Executive officers safe, is our treasury safe, is any- 
 body safe, when they are surrounded by such a band. of miscreants? I 
 imagine that no gentleman upon this floor, that no sane man, would con- 
 sider himself secure in Arkansas, if he would read this Report, and give 
 credit to its statements. 
 
 I suppose the gentleman looked at only one side of the question. I 
 cannot suppose that the Committee made a thorough investigation of 
 { 644 ) 
 
Feb. 8th.] ARKANSAS CONSTITUTION'AL CONVBNTIOJST. [26th Day. 
 rinances of the State.— McCLURE—MOOEB. 
 
 their subject. For they were determined — thej' went into that committee- 
 room determined, beforehand — to make just the report they did make. 
 
 Mr. McCLURE. I desire to correct the gentleman there. I happen, 
 myself, to be the Chairman of the Committee ; and I have to say that the 
 gentleman is entirely mistaken in his statement. 
 
 Mr. MOORE. I do not know, Mr. President, that the members of that 
 Committee were together — I do not know that the Committee ever met. 
 I do not know that a majority of them were together when this Report 
 was made. I do not know where it came from. It may have been con- 
 ceived in the brain of the Chairman of that Committee, and have come 
 forth from its embryonic state without any other gentleman of the Commit- 
 tee so much as seeing it ; for I undei-stand from a declaration made by the 
 gentleman himself, on the floor of the Convention, that he considers the 
 Chairman of a Committee to be, ex officio, a majority of that Committee. 
 
 Mr. McCLURE [in his seat.'] No, sir; no such thing. 
 
 Mr. MOORE. If that is the case, then I don't know whether the Com- 
 mittee has reported upop this subject, or not. I don't know whether any- 
 body has reported, except the Chairman. I do not care, however, if the 
 whole Committee had reported. I should exceedingly regret to send to 
 the country my endorsement of this statement ; for I should thus endorse 
 the proposition that Arkansas has but a very few honest men within her 
 borders, and that they have not been here long. Sir, I do not believe it ! 
 I do not believe the gentleman believed it. I do not believe that when he 
 penned that document, he thought all Arkansas was composed of thieves 
 and robbers. If so, might I not well ask him this question: Bo you 
 think you can stand your hand with such a pack of thieves and robbers? 
 Do you think you can become their co-equal? Do you think you can 
 compete with them in a race for theft and robbery? Do you think you 
 have studied the art and science of robbery, theft, and rapine, sufficiently, 
 to be able to cope with the citizens of Arkansas ? If not, then you would 
 do well to flee to the banks of the Ohio. I say the gentleman does not 
 believe this statement. If he is the same gentleman I imagine him to be, 
 he is an aspirant to the highest judicial oftice of the State. And if he is 
 an intelligent, sane man, lea:rned in the law, he cannot believe the state- 
 ment which he has presented to the Convention ; for no sane man would, 
 deliberately, with the world before him, settle among such a people as he 
 represents us to be. No sane man would be willing to rear his children 
 in a land where the pirate would be esteemed a better man than the best 
 citizen in the land. I say the gentleman did not believe the statement 
 when he penned it ; for if he did, he is not a tit person for the high office 
 to which he to-day aspires. He has children ; he has a life of his own to 
 live; he proposes to become a citizen here — if he can get to be a Supreme 
 Judge; and he prdposes to settle here, and devote himself to the adjudica- 
 
 35 ( 545 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Finances of the State.— MOORE— BRADLEY. 
 
 tion of the rights of thieves and robbers ! Great Heaven ! if this is the 
 case, and he succeeds in getting upon the bench, the last one of us will 
 be in the Penitentiary! [Laughter.] The last one of the old citizens of 
 Arkansas will be incarcerated in the Penitentiary; and the Convention 
 will not get to see them all in a week, if Mr. Hodges invites us up to visit 
 the institution. [Renewed laughter.] 
 
 Mr. BEADLEY [in his seat.} They can't believe it ! 
 
 Mr. MOORE. ISTo, sir; they do not believe it, though they preach it to 
 doomsday. There is another purpose in all this. There is a power be- 
 hind the throne, that induces this Report. It is patent to any man who 
 will reflect for a moment. It is a scheme attempted to be carried out at 
 the expense of the people of Arkansas. The plan is, to divest of influence 
 and power all who are capable of administering the affairs of the State, 
 and to import men learned in honesty and integrity, profoundly skilled 
 in the science of right, men who have traversed the paths of virtue and 
 probity, all their lives, to administer those affairs, for the good of these 
 poor devils who have been all their lives engaged in robbing the State! 
 I rejoice, for myself, that I live close to the line of honest Louisiana, 
 where I can escape out of this thievish country — slip over the line without 
 delay or inconvenience, and divorce myself forever from this community 
 of robbers, thieves, and murderers! Everything that has been done since 
 1836, when Arkansas was inducted into the Union, under a constitution 
 then "republican in form," has, according to the Report of the learned 
 Chairman of the Committee on Finance, been part of a system of theft' 
 and robbery. If that is the case, Arkansas ought not to be permitted to 
 come back into the Union. Her union with the great family of thirty-six 
 States, would be an insult to the American flag. The star that indicates 
 her place in the constellation of the Union, ought to be blotted from the 
 banner. I say, it is an insult to the country, to propose the admission of 
 a State that contains such a band of thieves and robbers. They ought to 
 be arrested and hung; and after that was done we would no longer have 
 the requisite population for a State. We ought to remain in our Terri- 
 torial condition! We ought to be taken under the protection of some 
 other and honest power. 
 
 Mr. President, I desire to say, in this connection, that I love the Union 
 —the Nation— the Government of the United States. I do not love it 
 with that affiectionate devotion with which a lovesick swain adores his 
 beloved; but I do love republican institutions. I do love a government 
 " republican in form." Were your Governors, your Auditors, your 
 Treasurers, all thieves and robbers ? Is your Governor, to-day, a thief 
 and a robber ? He surely has not looked to this matter. He has endeav- 
 ored to carry on the government of the State just as it was begun in '36 ; 
 and he finds himself, in consequence, classed with thieves and robbers. 
 
 ( &46 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 rinances of the State.— MOOEE— HODGES of Pulaski. 
 
 Sir, this is a monstrous doctrine. I do hope that when gentlemen come 
 to open their eyes upon the subject, when they see the documents that are 
 promulgated to the country, without a shadow, without a scintilla of proof, 
 and publishing to the world such a deplorable condition of a State which 
 many of us desire to claim, with affection and pride, as the great State of 
 Arkansas, — I do hope that gentlemen will well weigh the sanction which 
 they may give to such statements, by their votes. If I thought the proof 
 of these statements could be adduced, I would say, let us have instituted 
 here one great tribunal of criminal justice — let us have the biggest grand 
 jury that ever was impanelled, for the indictment of the whole people of 
 the State. 
 
 Mr. HODGES, of Pulaski. I wish to ask the gentleman if he did not act 
 as a witness, a little, for that grand jury — if he did not, a few years ago, 
 in Ashley County, make statements that the " Bob Johnson Party " were 
 thieves and robbers. 
 
 Mr. MOORE. I answer, emphatically, No. I never made a speech for 
 " Bob Johnson," in my life. I wish to keep a reputation, in Arkansas. 
 
 Mr. HODGES, of Pulaski. The gentleman misunderstands my question, 
 I said, — against the "Bob Johnson Party." 
 
 Mr. MOORE. I never made a speech for or against that party. 
 
 Mr. HODGES, of Pulaski. I am so informed. 
 
 Mr. MOORE. Then your informant tells you something that is not true. 
 I never saw " Bob Johnson," until 1863 or '4. I came here only on the 
 24th of October, 1860 — not supposing, I may say, that I was coming to a 
 nest of thieves and robbers, and if the people of the country turn out to 
 be such, I shall leave it again. If our lands are to be sold out, as this nice 
 and beautiful " Investigating Committee " reports to this body, and we 
 can get a set of honest men to come here and buy them, I may stay. But 
 I want to know that they are at least as honest as I am. I don't want, when 
 I ride out in the country, to be robbed — for if a man will rob the State, he 
 will rob an individual, if a man will steal money, he will steal it any- 
 where he can get his hands upon it. 
 
 I had hoped that the gentleman who asks the adoption of this Report, 
 would, at least, have declined to vote for its adoption, as it is, in point of 
 fact, simply ridiculous. It is a burning shame to the country, to send out 
 such a monstrous production. I repeat the expression of my hope, that 
 gentlemen will reflect well before they commit themselves to its sanction. 
 If they are going to stay in Arkansas, if they are going to become identified 
 with us, for God's sake let us Wipe out the past, and do our present and 
 pressing duty! 
 
 But, sir, the course of procedure which we seem to be adopting, is a 
 ridiculous thing in another aspect. It is assuming that we have the power, 
 'in Arkansas at least, if not "all power in heaven and on earth," to un- 
 
 (547 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Saturday, 
 
 Finances of the State.— MOOBB—BEOOKS. 
 
 make men — that we can divest them of their vested rights, — that we can 
 administer on their estates, — that we can sell them out, — that a man can 
 be a living, walking individual, and yet be dead to the law. The records 
 say he is dead ; and records cannot lie. Sir, we are taking upon our 
 shoulders a little more than we have undertaken to do. We did not come 
 here to investigate matters of that sort. "We did not come here to impugn 
 the motives and characters of old citizens of Arkansas. We did not come 
 here to slander the whole State. We were called together for another 
 purpose, and under peculiar and extraordinary circumstances. In the ten 
 Southern States in which conventions have been called, those bodies have 
 assembled under circumstances different from those under which such 
 conventions have ever assembled before. They had a peculiar duty, and 
 only a certain and peculiar duty, to perform. But this Convention assumes 
 to have the power to do more than any other, — ^^more than the Congress 
 of the United States thought proper to invest them with. This Conven- 
 tion is assuming the right to legislate for the people of Arkansas ; whereas. 
 Congress has given them no such power. Gentlemen have sworn, "as mem- 
 bers of this Convention, to support the Constitution of the United States. 
 Are we doing this, when we are travelling outside the law under which ^ 
 we are convened ? I ask gentlemen, in all good conscience, to reflect 
 upon the solemn oath they have taken. I ask them to come up and put 
 their shoulders to the wheel, and do their whole duty. Do not transcend 
 the powers conferred upon us by the Act which called us into being. Let 
 us attend to our legitimate business, leave this matter where it properly 
 belongs, and vote down the motion for the adoption of this Report. 
 
 Mr. BROOKS. I do not wish to appear in vindication of the Committee ; 
 that, in my opinion, is wholly unnecessary. I do not wish unnecessarily 
 to consume the time of the Convention. I desire simply to call attention 
 to one or two points in the remarks of the gentleman on the other side of 
 the hall [Mr. Mooke.j 
 
 I will say, in confirmation of the statement of the Chairman of the Com- 
 mittee on Finance [Mr. McCluke], that, so far forth as my information 
 extends, upon the subject embraced in this Report, neither the Chairman 
 nor any of the members of the Committee, nor any member of the Con- 
 vention, had any knowledge or idea of the presentation of such a resolu- 
 tion as that offered by myself upon the subject of the finances of the State, 
 until I rose in my seat and presented it to the Convention. I can say, 
 certainly, it never was the subject of conversation between myself and any 
 gentleman connected with the Convention, or any citizen, or .other person, 
 within the boundaries of the State, after my appearance here. I regret, 
 sir, the necessity which exists, of very briefly calling attention to the fact, 
 that it were better, perhaps, if honorable gentleman desiring to contest 
 this question, instead of employing time in denunciation of the Committee, ' 
 ( 548 ) 
 
Feb. 8th.] ARKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Pinances of the State.— BROOKS. 
 
 and the friends of investigation, and financial integrity, would omit their 
 denunciations and long-winded speeches, and grapple the facts and figures 
 of the financial history, and of the official management of the financial in- 
 terests, of the State of Arkansas — I will not say of thirty years, but of the 
 past ten years, for example. The restriction to that period will enable the 
 matter to be more easily reached — it will require less effort to unfold, 
 analyze, and present to the public, the financial management of the State, 
 by those who have been in authority for the space of ten years, dating 
 backward from the organization of the present Provisional Government. 
 Why not, instead of trying to draw the attention of the Convention, and 
 of the country, to a simple sentence here, which is only the expression of 
 a conclusion drawn, or the presentation of a reflection, merely, of the 
 Committee, based upon the facts and figures of the financial history of the 
 State during the period to which I have referred, — why not talce up these 
 latter, and show us where the Committee are in error, in alleging that the 
 system of finance during that period has been one known only to thieves 
 and robbers ? I do not come forward to say that that remark is justified 
 — I have not myself investigated the matter. We asked the Committee to 
 investigate it. They have presented us, here, partial results of their labors 
 — labors of necessity very brief and imperfect. I must say that I regard 
 these figures as far more formidable — and if I may quote the phrase of 
 the gentleman on the other side, — far more monstrous, than the refiections 
 of the Committee, based upon them. The monstrosity of the case is not 
 in the passing remarks of the Committee, but in the facts and figures, in 
 the corruption, in the peculation, of the financial officials of the State, for 
 ten years, embracing the period of the rebellion and dating backward 
 from its close. And if gentlemen are anxious to exculpate those who are 
 charged with want of integrity in the management of the public funds, as 
 here set forth, let them take up the financial history of the State, and give 
 it to us more perfectly. I know nothing of the previous opinions or course 
 of the gentleman. I simply say there are honorable gentlemen, and some 
 of them in this chamber, too, who did, in days gone by, unless history 
 belies them most egregiously, use language, with regard to the financial 
 history of the State, as vindictive, as sweeping, as that implied in the Re- 
 port vsrhich has been submitted to this Convention. 
 
 A laborious effort is made, here, to represent that certain parts of this 
 Report, and some remarks of honorable members of this body, are de- 
 signed as charges, loosely made, against the people of Arkansas. Of 
 course, these representations are made' for effect upon the public mind, 
 only ; it surely is not presumed that by such a course of remark any im- 
 pression can be produced upon the minds of the 'gentlemen who comprise 
 this Convention, familiar as they are with the public history, and with the 
 subject of the past financial management of the State. They are made solely 
 
 ( 549 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE . [Saturday; 
 
 Finances of the State.— BEOOKS—BKADLEY. 
 
 for consumption outside this hall. And so we have gentlemen here cham- 
 pioning the cause of the people of Arkansas, and laboring to produce the 
 impression that the masses of the people are charged, in this Report, with 
 being thieves and robbers. >[ have to say, sir, that I do not so understand, 
 
 Mr. BRADLEY [in his seaf] I do. 
 
 Mr. BROOKS. I have not so understood gentlemen in any quarter of 
 this hall, in the remarks which have been made. It is simply alleged, in 
 substance, that the system of financial management with respect to the 
 School Fund, and other funds of the State, embracing that of the public 
 lands donated for the purposes of internal improvement, ei cceiera, for a 
 space of fifteen years, beginning prior to the rebellion and embracing the 
 period of its duration, was a corrupt system. It is intended to show that 
 the financial course pursued, during that period, on the part of those who 
 labored to carry the State beyond the domination of the Federal Govern- 
 ment, and to crush out the Union men of Arkansas, was corrupt, and 
 was such as would properly entitle individuals, in private life, to be char- 
 acterized as thieves and robbers. I can say, on behalf of a portion, at 
 least, of the people of Arkansas, that it is not designed to make this a 
 sweeping charge — that no such accusation is preferred, no such view enter- 
 tained ; but that it is simply meant to show that the official handling of the 
 funds of the State, during the years referred to, was not characterized by 
 integrity, public virtue, and fidelity to the public interests and financial 
 welfare of the State. And if that be true, sir, do not rest the responsi- 
 bility of these charges exclusively upon those who have recently become 
 citizens of this State ; — for I can s.ay, that the most sweeping accusations 
 I have ever heard made upon the State, have been made, and brought home 
 by facts and figures, to the officials of this State, by men who have been 
 quite as long residents of this State, as those honorable gentlemen on the 
 other side of the hall, who have made these remarks this morning. 
 
 We.also, if we were disposed to deal in exclamations, might express 
 astonishment that gentlemen, in attacking this Report, have asked the 
 question, who— what party— brought upon the State of Arkansas, and 
 upon the country at large, the enormous national debt that is now weigh- 
 ing so heavily upon the American people ? Were.it admissible here, sir, 
 to employ the name of Deity so frequently as has been done upon the 
 opposite side, we, too, might say,— Great God ! that a man has the brass- 
 not the copper, merely, sir— not the copper head and copper face alone, 
 but the brass,— to stand up in this hall and ask what party precipitated this 
 debt upon the country— what portion of the people desolated the land. 
 Who drenched it in blood? Who desolated these homes? Who destroyed 
 this property, public and private. Who Jjurned railroad bridges ? Who 
 consumed the heart, who ate out the vitals, of the material interests of 
 this country ? Was it the Union men of Arkansas ? Are they the ^arty 
 
 ( 550 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Finances of the State.— BEOOKS. 
 
 chargeable with all this ruin — new citizens or old citizens, "carpet-sack 
 men," or "brush-breakers" — are they the men who precipitated this con- 
 dition of affairs? Sir, on the only occasion when the^eopfe of Arkansas 
 were permitted to vote, either dii-ectly or indirectly, upon the question of 
 the secession of the State, with all its consequences of war, of blood and 
 desolation, what was their vote? By a majority of more than eleven 
 thousand, they declared against secession, and against war, and ruin, and 
 national debt. And had that question been finally submitted to the de- 
 cision of the vote of the people of Arkansas, — without the " carpet-sack 
 men" that are here to-day to sustain and co-operate with the other Union 
 men of the State in restoring the peace and prosperity of the country, — 
 even without our aid, the State would never, upon a submission of the 
 Ordinance of Secession for the popular ratification, have been carried out 
 of the Union. The people were not allowed to vote upon the subject. 
 Men elected by Union votes, sent to this capital with instructions to resist 
 the passage of the Ordinance of Secession, to the last, came here, and, 
 through some influence, — let the world judge what, — betrayed their con- 
 stituency and the country, and united with the Secessionists in voting for 
 that Ordinance, which they did not dare submit to the people. Then 
 came war; and desolation followed in its track. And now we hear 
 the responsibility of all this cliarged upon us, by men who assisted 
 in instigating the firing on the flag at Fort Sumter, and who, indeed, 
 according to the statements, not of Republicans, not of the " Radi- 
 cals," but of their own men in their State Conventions, of their own 
 representatives in Congress, of their own United States Senators, had 
 been preparing the way for secession, had been engaged in this con- 
 spiracy against the country and its flag, against freedom, against the 
 Union men of the South, the peace of the nation, and the civilization of 
 the world, in a series of labors dating back for thirty years. IS'ow, when 
 they have at length reached the culmination of their efforts, when, by 
 inflammatory speeches upon the floor of Congress, by all the chicanery 
 they could bring to bear upon the country for the purpose of firing the 
 Southern heart, they have finally succeeded in precipitating war, in deso- 
 lating the land, in drenching it in blood, in impoverishing these Union 
 men, as well as themselves, they come here and ask " what party created 
 the National debt," bemoan their cruel condition, in having to pay such 
 heavy taxes, and inquire who has defrayed the taxation of the State ! 
 Well, sir, we are perfectly willing that they shall go and examine the tax- 
 books ; and I undertake to say, that in a number of sections of the State 
 (I merely make the remark, in passing, in answer to the gentleman from 
 Ashley), our tax-rolls will compare with the gentleman's — if they do not, 
 we will take our hats and carpet-sacks, and respectfully retire. " If we 
 propose to become identified with the people of Arkansas ! " We are iden- 
 
 ( 551 ) 
 
1868.] DEBATES AND PEOOEBDINGS OF THE [Saturday, 
 
 Finances of the State.— BROOKS. 
 
 tified, sir, with the interests of the State, and with the Union men of the 
 State. But identified, — politically, I mean, not personally, or socially — to 
 introduce political feeling into those relations of life is in conflict with our 
 teachings, our principles and our practices, — to be identified politically 
 with the men who have precipitated this war, and carried the State out of 
 the Union ? — no, sir ! by the help of Almighty God, we never will be, no 
 matt^r what consequences may come! "We stand by the men that stood 
 by the country, — we stand by the men that stood by the flag. We vindicate 
 the rights and interests of the people that were down-trodden and oppressed 
 by the process of secession in Arkansas, — men that were overridden by the 
 military despotism of secession. Those are the men with whom, politically, 
 'we are identified in Arkansas, and propose to remain identified. We 
 claim, sir, that the majority of the citizens of Arkansas, at the time of 
 secession, were for the Union. Whether at the present time a majority, 
 white and black, all put together, is for the Union, for the recovery of the 
 State from its condition of bankruptcy and almost hopeless degradation 
 and ruin, — whether we have a majority in favor of the restoration of civil 
 government, and the rescue of Arkansas from this slough and slum of 
 despotism and ruin, financially as well as otherwise, is a question still to 
 be determined. We are not afraid, sir, to submit our work to the people 
 of Arkansas, in Ashley or anywhere else. And we are not afraid that this 
 document shall go out; and if the gentleman desires it, probably we will 
 furnish him his saddle-bags full of copies, as he doesn't use a carpet-sack 
 [Laughter], and he may distribute them all over Ashley. 
 
 We charge that there has been unparalleled corruption, on the part of 
 these vultures, if I may so express myself, that have preyed upon the State 
 of Arkansas. We do not allege that that honorable gentleman, or his 
 constituents, or the people of Arkansas, as a body, managed these banks, 
 or controlled the finances of the State. We make no such allegation. 
 We simply allege that there has been a want of financial fidelity to the 
 interests of the State ; and if that charge be not sustained by these figures, 
 and others that can, and in due time will, be produced, and exhibited to 
 the people, then we shall admit that we have been mistaken, and that our 
 charges are not well founded; and, when thus convinced, if we ever shall 
 become convinced, that such is indeed the case, we will make the honorable- 
 acknowledgments necessary among gentlemen, in expiation of our error. 
 We have, to-day, no such acknowledgments to make. If the honorable 
 gentleman, and all the Opposition, wish to go before the people of Ar- 
 kansas, and attempt a vindication of the financial management of the State 
 during the period we have specified, we accept the issue. Let them go 
 to the people ; to the people, we also, appeal : let them answer the ques- 
 tion whether they wish to foot these bills, and make up these deficiencies, 
 incurred by the class of men alluded to in this Eeport— whether they 
 ( 552 ) . 
 
Feb. 8th.J AEKANSAS CONSTITUTIONAL CONVENTION. [26tli Day. 
 Finances of the State.— BEOOKS— BEADLE Y. 
 
 want to pay for secession, and meet the rebel war-debt of Arkansas, as 
 well as help to pay the debt incurred by the Government in the suppres- 
 sion of the rebellion. If gentlemen wish to vindicate, financially as well 
 as politically, the dynasty that brought this debt upon the State, we have 
 no objection whatever. I think it bad tactics, sir. I must say that were 
 I on the opposite side of this question, politically, I should greatly prefer 
 to have that stable as nearly closed as possible, lest it be cleaned out when 
 thoroughly investigated. But if they persist in an attempt at raising polit- 
 ical revenue out of the financial management of the State heretofore, as set 
 forth in this Report, we bid them all good speed in the enterprise, and hope 
 they will have a good time in its execution. [Laughter.] As to whether ' 
 the Republican Party in Arkansas, or elsewhere — the Union Party — the 
 Union men of Arkansas, — precipitated the national debt, and brought this 
 condition of financial ruin upon the State, let the people themselves 
 answer. We have not so understood it. If the people decide that those 
 are the responsible parties, that aided, abetted, and sustained the corrup- 
 tion, the peculation, the dissolute courses, that brought about the financial 
 desolation of the State, or if these gentlemen here now want to assume 
 this load and attempt to carry it, — if they now, at this late period, desire 
 to come to the rescue and do up the dirty work of the old, defunct dynasty 
 of secession, rebellion, and civil war, I welcome them to the task, give 
 them good cheer of their new affiliations, and hope they will have a 
 happy honeymoon ! [Laughter and applause.] 
 
 Mr. BRADLEY. I will detain the Convention but a few moments. I 
 would remark at the outset, that the financial history of Arkansas has 
 not been, during the twenty years for which I have been a citizen of 
 the State, all that could have been desired. I regret, exceedingly, that 
 there has not been greater financial success, in the State, than there has 
 been. We have done but little. In our thirty-two years of existence as a 
 State, we have certainly not kept pace with the improvements of the age. 
 All this I am willing to admit. I have never felt a disposition to justify 
 everything that has been done in the State. But it does seem to me, sir, 
 that the truth generally lies between the two extremes; and I always think 
 it safe to be moderate. I am willing, also, to admit that it might have 
 been more pertinent for gentlemen upon this side of the house, to have 
 discussed, directly, the merits of the question, than to have indulged in so 
 much personality. It seems to me, however, at the same time, that it 
 might have been well for the Committee to have discussed the question pre- 
 sented for their consideration, in a more moderate and respectful manner. 
 And it occurs to my mind, that it would not have been presuming too 
 much upon the intelligence of Arkansas, had they contented themselves 
 with setting forth the facts, and leaving it to our judgment, when we 
 should read the Report, to determine whether or not the people of the 
 
 ( 553 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Saturday, 
 
 Finances of the State.— BEADLE Y. 
 
 State have shown themselves to be a band of " thieves and robbers." But, 
 sir, not satisfied with this, they must inform us that the people with whom 
 we have lived for all these years, have been a band of thieves and robbers, 
 and we didn't know it. Thank you, gentlemen, for the intelligence ! It 
 occurs to my mind that when a man thinks that he is advocating a just 
 cause, and that there is merit surcharging the cause which he espouses, 
 he is willing and content to set forth the facts, and let intelligent people 
 judge for themselves of the conclusions to be drawn from those statements. 
 The gentleman [Mr. Brooks] says that we labor, on this side of the 
 house, to lug in, under the charges of this Report, the whole people of the 
 ' State. No, sir; they are lugged in already. When you say that the whole 
 people of the State, for thirty-two years, have elected, and re-elected, to 
 office, men that were thieves and robbers, and who stole, session after 
 session, and term after term, I challenge you to deny that you have charged 
 the common people, at the ballot-box, with theft and robbery, in repeatedly 
 elevating these men to office and power. And they will appreciate the 
 compliment which these gentlemen pay them, — obtuse and stupid as the 
 masses of Arkansas are ! Sir, there is a brilliant intellect, that is found 
 in the mountain gorge, or in the valley low, or in the desert waste. And 
 the unlettered boy, whose eyes sparkle with the native genius that God 
 Himself has poured into his brain, can read the truth, as the great 
 theatre of the world passes it in review before him, without his being 
 carried to Ohio and New England, and to all your learned institutions, in 
 order to enable him to understand practical, common-sense facts. You 
 can't humbug the people of Arkansas. There is more native power, there 
 is more gigantic intellect, in this nest of " thieves and robbers," than you 
 can boast in the region that borders the waters beyond the Mississippi. 
 They came here thirty-six years ago, — left their fathers and their mothers, 
 and all the comforts of home, to settle these Western wilds ; — these men 
 that have grasped the helm of government, and have guided the ship of 
 state through sea and storm, are the intellects who have deserted their 
 Eastern homes, to cast their fortunes with those of Arkansas. Go back to 
 those older States, to-day ; and on the Sabbath go to the church. Let 
 your eyes scan the crowd. See the old veterans, that came there in early 
 days — their noses like skillet-handles, their chins like pan-handles, their 
 heads like sugar-loaves! [Laughter.]^ See your young men who have 
 been raised on the pap suppUed them by their Pa and Ma, — with their 
 puny frames and smooth faces and sleek heads — no intelligence, no energy! 
 And when we have come here and cut the roads, and built the bridges 
 that you burned when you came, when we have built cities and towns, 
 when we have established civil institutions and State government, when 
 we have taken the Arkansas toothpick and driven it into the earth,— then 
 you come here and tell us that we are a herd of thieves and robbers ! I 
 ( 554 ) 
 
Feb. 8th.] ARKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 
 Finances of the State.— BKADLBY— HODGES of Pulaski. 
 
 could take it much better from some other men. I remember an incident 
 that took place at Paraclifta. 
 
 Mr. HODGES, of Pulaski. I would like to ask the gentleman a ques- 
 tion. Who burned the only railroad bridge in the State of Arkansas? 
 
 Mr. BRADLEY. I don't know anything about the burning of bridges. 
 I have passed that. [Laughter from the right.] 
 
 Mr. HODGES. I would like to ask the gentleman another question. 
 Has he ever attended church in the Northern States ? 
 
 Mr. BRADLEY. I am telling an anecdote. I remember that, one day, 
 at Paraclifta, I happened to look out upon the street, and saw two very 
 drunken men. Presently, one of them staggered up to the other, and, ' 
 
 taking him by the arm, addressed him thus: "Look here, you d d 
 
 drunken scoundrel, you ! you go home to your wife! you're drunk ! you 
 oughtn't to be here in town !" " I know I'm drunk," returned the first; 
 
 " but another d d drunken thief shan't tell me of it !" and with that 
 
 he pitched into him. [Loud laughter.] I want when I hear these denun- 
 ciations, to quote Paul, and say : " Thou that preaehest a man should not 
 steal, dost thou steal ?" I know that Arkansas has not dealt with its 
 financial matters as it migbt have done; but my God! when the pic- 
 ture of the actions of this Convention, and of the stupendous propositions 
 which it has entertained, is brought in the comparison, I see the financial 
 career of thirty-six years blush and hide, and dwindle into insignificance! 
 [Laughter, and applause from the left.] Memorials to appropriate Hot 
 Springs ! and other enterprises that I might refer to, — and the gerryman- 
 dering projects that propose to destroy a representative system of govern- 
 ment, — and efibrts made to smuggle and smother the Minority Report, 
 are among a few of their acts that ought to make devils blush. They 
 talk about theft and robbery in Arkansas ! 
 
 I have been here for twenty years; and the people have not stolen anything 
 I had. I came here on foot, with |1.40 in my pocket, and a pair of saddle- 
 bags on my shoulders. I have revisited my native State, and have met a 
 hearty welcome ; and were I to go back to-day, to that deserted land over 
 which the besom of destruction has swept like a storm, I believe the people 
 would be glad to see me. But I am a citizen, and a friend, of Arkansas — 
 with all her faults, I love her people still.- They may have seceded, and, 
 in so doing have done wrong ; they may have fought upon the wrong side 
 of the question ; but God in heaven, upon His throne, bears witness to 
 the sincerity of their intentions, wrong though they may have been iu 
 choosing their side. We do not intend to rob this country. We want to 
 establish a system of finance, here, — to use the gentleman's own lan- 
 guage, — that will redeem, and, in point of financial health, elevate her, 
 and place her higher than ever. But, O, the prospect ! The cloud that 
 rises in the West is dark, and the Eastern horizon promises nothing. 
 
 ( 555 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Saturday, 
 
 Finances of the State.— BBADLET— HODGES of Pulaski. 
 
 "When I look out upon the sea on which we are launching, when I con- 
 teaiplate the boisterous billows over which you propose to drive the ship 
 of state, I read nothing but shipwreck, and devastation, and ruin. But, if 
 on board a ship, in a storm, and a piratical commander and crew should 
 seize the ship's company, I would risk my chances by jumping overboard, 
 and fighting with wind and wave, alone, risking the hopes of my cause in 
 the providence of God, rather than sell out to the piratical commander 
 and crew of a vessel. I am a citizen of Arkansas, with a wife and six 
 children; and I am interested in the success of this country. I cannot back 
 out of it. I am a tax-pa^'cr on six thousand acres of land, situated in three 
 different counties of this State. I came here with nothing; I have in? 
 herited nothing; I have wrought out for myself all that I have and all 
 that I am. My bone and muscle has been spent upon the soil of this my 
 adopted State, has scaled every hill and mountain, and battled with the 
 waves of every stream, within her borders; and I am to-day but the wreck 
 of the man who once came to the State of Arkansas and di'ove his Jacob's 
 staff into the soil. I am here ; and, let the question end as it may, I can- 
 not leave ; I must stay here ; and it is the interest I feel in these issues 
 before the country, that induces me to stand. here and expose my igno- 
 rance, speaking as I do to-day. 
 
 But, sir, I scorn, with indignation and contempt, in the Report of this 
 beautiful Committee or elsewhere, any insinuation upon the honor, the 
 intelligence, the integrity, of the people who live — who have lived — in 
 the State of Arkansas. Ah, sirs! what citizen of Arkansas feels other 
 emotion than that of pride, in recalling the name that is found first 
 upon the annals of your Supreme Bench [turning to Judge Eingo, who 
 stood in the lobby], or of the present occupants, or of all the intermediate 
 list of its honored Judges ? But ah! that bench in the future! when I 
 gaze upon its prospects, I blush ! When I see that audacity that does not 
 hesitate to come forward, and denounce the judicial proceedings of the 
 State for thirty-two years, I ask, — Modesty, modesty ! art thou banished? 
 hast thou left the land? art thou a spectator in the Convention hall?— 
 Echo answers, No I pLaughter.J I like to see things done modestly. In 
 the name of Heaven, in the name of your own honor and integrity [turn- 
 ing to the right of the hall], if you will not take the rebuke which that 
 Minority Report upon the Penitentiary gives you, I give you up as hope- 
 less, and as gone cases ! [Laughter and applause on the left.] For God's 
 sake be more modest and more respectful, and show that your strength 
 lies in the force of facts, and not in your terms and expressions. You 
 cannot make me, you cannot make Arkansas, a thief, by saying so. Law- 
 yers rise and argue cases for hours; but you do not expect that the lawyer 
 who argues the case will give the verdict. 
 
 Mr. HODGES, of Pulaski. Did not the gentleman state, upon the floor, 
 ( 556 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Finances of the State.— HODGES of Pulaski— BKADLET—BBOOKS. 
 
 that if the Confederate Government had taken his advice, they would 
 have stolen another Northern steamboat ? 
 
 Mr. BRADLEY. Yes; I said that Governor Rector and the Conven- 
 tion had acted very foolishly ; that if they had taken my advice they would 
 have been a steamboat better off. 
 
 But what figure does that cut in the case? If such taunts as that are 
 taken for argument, 
 
 Mr. HODGES, of Pulaski. It was a suggestion that came to my mind, — 
 hearing so much said about 
 
 Mr. BRADLEY. I would hate to be responsible for all the suggestions 
 that come to your mind ! [Laughter.] 
 
 I resume my proper course of remark. I had spoken of the character 
 of the people of Arkansas, and of the scorn with which I meet all such im- 
 putations upon their honor. Sir, I have travelled over the northern moun- 
 tains of Arkansas; I know her people — the most generous, hospitable, 
 noble-hearted, warm-hearted people I ever saw in any country lived within 
 her borders, twenty years ago, and live here to-day. Society has been 
 slightly adulterated, I confess ; but we cannot help that. [Laughter.] 
 
 "We are told, sir, in this Report, that the system of financiering pursued 
 in this State has been one that could be " known only to thieves and rob- 
 bers." Well, it never was known until that Committee found it out. 
 That is all I have to say on that point. [Laughter.] 
 
 I have almost given up my hopes for this country. As I have sat here 
 and listened t9 the debates and witnessed the proceedings, I have some- 
 times been ready to go by the water's edge— my friend Gantt is missing — 
 as the Gazette said of him, I have felt like exclaiming, "Oh that tny head 
 were waters, and mine eyes a fountain of tears, that I might weep day 
 and night for the slain of the daughter of my people !" 
 
 Mr. BROOKS. Who slew them? As the gentleman is going to weep 
 for the slain, I would ask him, who slew them ? 
 
 Mr. BRADLEY. They were slain by the instrument that the Philistines 
 fell by. [Great laughter.] And, sir, their ranks to-day, are falling as the 
 weapon sweeps. 
 
 Sir, I want respectable action. I want decency observedr^" let all 
 things be done decently and in order," and " let us have charity one for 
 another." I am a sort of apostatized minister of the Gospel [Laughter], 
 and expected to have been reinstated by the association of the gentleman 
 from Phillips [Mr. Brooks.] But the way he gnashes his teeth, does not 
 harmonize with the thirteenth chapter of Corinthians. [Renewed laugh- 
 ter.] It does not manifest the same charity that, Paul says, " suffereth 
 long, and is kind, envieth not, vaunteth not itself, is not pufied up, doth 
 not behave itself unseemly, seeketh not her own, is not easily provoked, 
 thinketh no evil ; rejoiceth not in iniquity, but rejoiceth in the truth." 
 
 ( 557 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Saturday, 
 
 Finances of the State.— BEADLE Y. 
 
 O, sir, give us that charity ! it will overspread the foibles of our enemies; 
 it will not insult, before the world, the misfertunes of a few honest men, 
 who thought they had a right to vindicate their manhood, and fight for 
 their hearthstones, their wives, and their children. If they were wrong, 
 they were honest in their wrong; and charity bids us spread a mantle over 
 their foibles, and " rejoice not in iniquity, " but in the ^ruth. " Let each 
 esteem other better than themselves." "Be kindly aft'ectioned one to 
 another with brotherly love; in honor preferring one another; not slothful 
 in business; fervent in spirit; serving the Lord." "When the Chaplain 
 prayed, this morning, that everything be done according to the will of 
 God, I entered a long Amen, that I hope went to heaven. [Laughter.] 
 
 In the first speech I made here, — for which I have been hung and 
 burned in effigy, almost, — I said that I stood in this Convention like a 
 witness on the stand, — that I was neither a Republican nor a Democrat; 
 and I was taken up, because I had not prostrated ray sacred position, 
 assumed under oath, and become a Republican, and a Radical, upon this 
 floor. If I wer^ a witness in a case where my brother was involved, I 
 would not be a brother of the defendant in that case, — I would be a witness 
 under oath. [Applause from the left.] If you intend to do what is right, 
 while here under an oath which binds you truly to represent your con- 
 stituents, and to do your unbiassed duty to your State and your country, 
 you are not to know your brother in the flesh, any more than does the 
 judge upon the bench. If you do, you are recreant to the trust the people 
 have reposed in you, and belie your position before the cwilized world. 
 Sir, let us not legislate for party. "When the question comes up for decis- 
 ion, to Slave the party or the country, I would send the party to hell, if 
 necessary, to save the country and save my people. My affections are 
 with them. I never can occupy my seat quietly, when^the least insinua- 
 tion or reflection comes, from strange lips, upon "the slain of the daughter 
 of my people." 
 
 Let me inform you, sir, that at the coming day the prophet may shake 
 his rod over the valley of dry bones, may yet say to these dry bones, live. 
 And a voice from the North, — from Ohio and Connecticut, from Pennsyl- 
 vania and New York, — may come rushing like the peals of thunder, and 
 say, " Son of man, can these bones live?" And the dry bones shall stand 
 forth, and be covered with flesh, and shall breathe and speak! I antici- 
 pate, sir, that these extreme measures, this radical policy, shall arouse a 
 feeling of sympathy, in the North, for people of their own race, flesh of 
 their flesh, and bone of their bone, that shall come to our rescue; and that, 
 in the morning of the resurrection of the just, Arkansas — thievish Arkan- 
 sas, robbing Arkansas— will rise and come forth, clothed with the garment 
 of righteousness,— when she shall have been purged and purified from the 
 political invaders who have desecrated the Sta,te, and poured infamy and 
 ( 558 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Finances of the State.— BRADLEY— KYLE. 
 
 condemnation on her own citizens, her sons and her daughters. I tell 
 you, sir, that when you slur the women of Arkansas, when you slur their 
 sons, when you insinuate and reflect upon their hushands and fathers, you 
 insult Heaven — there is a recording angel that frowns and writes, and 
 writes and frowns; and you will remember, when you come to judgment, 
 that Scripture which says: "All things whatsoever that ye would that men 
 should do to you, do ye even so to them; for this is the law and the pro- 
 phets." I say I cannot sit still and hear these things, and be silent. I do 
 not think there is silence in heaven, this morning, about them. [Some 
 laughter on the right.] No, sir ! the guardian angel that hovers over the 
 graves of the sacred dead, whose ashes are slandered and insulted with 
 baseless and foul insinuations, carries back the tidings to the upper skies, 
 and proclaims that darkness still pervades the deep, and sinners inhabit 
 the earth! [General laughter.] But Arkansas is destined to' rise superior 
 to her misfortunes. She will oust the Radical wiug. She is destined, sir, 
 to another and a more glorious career. God has intended it. He has 
 filled her bowels with boundless wealth ; He has striped her with rivers ; 
 He will check her with railroads ; and He has peopled her with noble 
 spirits, who will represent and vindicate her honor, her integrity, and her 
 intelligence. And if strangers, and pilgrims, and aliens, that know not 
 God and obey not His Gospel, shall desecrate her soil, shall insult her sons 
 and daughters, her legitimate children, I believe that in the resurrection 
 of the just she shall yet, reassert herself, and stand forth, purged of their 
 slanders, a brilliant and honored bride. 
 
 \_To Mr. Hodges, of Pulaski.'] Anything more "suggested" to you 
 about that steamboat? You have had it up, now, three times — have it up 
 again. — 
 
 Well, if the gentleman has no more to offer upon that subject, I will 
 close by saying that I hope this is the last time such a report as this will 
 be brought in here. [7b the Chairman of the Committee on Finance.'] For 
 Heaven's sake, never bring in one, if you can't make it a better report — let 
 Mason, and White of Phillips, make it out for you ! [Laughter.] They 
 can do it — they have displayed statesmanship,they have displayed dignity, 
 they have shown a promptitude, in that Minority Report on the Peni- 
 tentiary, that commends them to all good men. And if they had had the 
 subject of finance under consideration, I believe we would have had a 
 report which would not have consumed all this morning in discussion. I 
 say that, with all due respect. 
 
 Mr. KYLE. I have listened to the very able and warm speeches we 
 have had from the two clerical gentletnen who have last addressed the 
 Convention [Messrs. Brooks and Bradley] [Laughter]; and I think it 
 mio-ht have been well for them to have called for mourners [Renewed 
 
 laughter.] 
 
 ( 559 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Pinances of the State. — KYLE. 
 
 Mr. BRADLEY [in his seat.'] I will call yet, if you say so. 
 
 Mr. KYLE. I think we would have had a happy time, sir ! [Fresh 
 laughter.] 
 
 I do not intend to enter into any elaborate discussion of this Report. 
 But whilst I do not endorse the strong language used by the Committee, 
 I must be permitted to say that unless the people of Arkansas — and I have 
 had my residence among them for ten years, and know that they have had 
 nothing to do with the direct management of the finances of the State, 
 but, unfortunately, committed that management to the hands of political 
 tricksters — unless the people belie the records of the country, there has 
 been an unwarrantable, an utterly indefensible misapplication of the pub- 
 lic funds. That fact cannot be denied. Where is the magnificent School- 
 Fund, that this State ought to have had to-day, for the education of the 
 poor and unfortunate children of the country ? Where is it ? And by 
 whose management has it been squandered, till now, as the Report states, 
 it is gone ? I hold that the conclusions, at which the Committee have 
 arrived, are true ; though, whilst endorsing the truthfulness of the Report, 
 I do not endorse the strong language they have used, in characterizing 
 these parties as thieves and robbers. I have no knowledge that they were 
 such. But, as I before remarked, unless history is greatly mistaken and 
 belied, there was a party that controlled the destinies of this country from 
 1836, when the beautiful, young, and growing State of Arkansas was 
 admitted into the Union of States — there was then, and there has continu- 
 ously existed since, a party, ruling the destinies of this State, that has 
 finally succeeded in utterly squandering its means, and engulphing it in 
 ruin. 
 
 I know and feel, Mr. President, that I must suffer disparagement when 
 I follow the distinguished and eloquent gentlemen from Bradley [Mr. 
 Bradley] and from Phillips [Mr. Brooks.] But when I am called upon 
 to give my vote, I must vote in accordance with my understanding of the 
 facts of the case ; and I feel it a duty, in this instance, to express to the 
 Convention the grounds of my vote. I would not have introduced this 
 subject before this body ; for I believe the peculiar business of the Con- 
 vention, to which its time and labor should have been devoted, to be the 
 framing of a Constitution, for submission to the people of the State; and 
 this subject is one of a legislative character, and properly belongs to the 
 Legislature of the State, for investigation, and publication of the facts 
 before the people. But as the matter has been brought up, and the Re- 
 port is now before us, and as I am satisfied that the facts set forth in the 
 Report are true, I must, as an individual member of the Convention, take 
 my action in accordance with that belief, notwithstanding my opinion 
 that those facts might have been set forth in better selected language. 
 
 I asked what had become of the School-Fund? What has become of 
 ( 560 ) 
 
Feb. 8th.] AEKiANSAS CONSTITtJTIONAL CONVENTION. [26tii Day. 
 rinances of the State.— KYLE— HODGES of Pulaski— CTPERT— BRADLEY. 
 
 the Internal Improvement Fund of the State? That, too, is gone. Gone ! 
 And, as has been very emphatically inquired, who wrought this ruin ? 
 "Who did it ? "Why, sirs, the very men who stood at the head — the party- 
 leaders, if you please — of the State of Arkansas, and who inaugurated 
 this Bank, for which the bonds of the State have been issued, and the 
 money accruing from their sales squandered. They are the parties re- 
 sponsible for the misapplication of those funds. And who inaugurated 
 the state of things that we have been tauntQd with here ? Those very 
 leaders who have always had the control of this State, — who inaugurated 
 secession. [Applause.] Sirs, I stood up and resisted secession — as a 
 celebrated man once said, " Solitary and alone I set the ball in motion" 
 — in Southwestern Arkansas, and battled, all over my County, against 
 distinguished men, and against odds ; and was beaten by only some thirty 
 or forty votes, with all the appliances and iijjBluences brought to bear upon 
 the question. I have suffered all, at the hands of that party. I suffered a 
 loss of not less that ten thousand dollars, by the burning up of cotton, and 
 stealing of horses and mules, and pillaging of my house, — trunks and all, — 
 at the hands of rebels. And now I am told that the party that inaugu- 
 rated that state of things in the country, is to be whitewashed, here, and 
 is not to blame for the squandering of the public money ! [Applause.] 
 
 I am not able to enter into this discussion as I would wish. I have 
 simply aimed to state my reasons for the vote which I shall give. My con- 
 science will not allow me to do wrong. In what little I have ever done 
 or said in public life, humble and unpretending as it may have been, I 
 would always give a quietus to my conscience. I never would suffer 
 party, and the affiliations of party, to govern me, and induce me to do 
 what I believed and knew to be positively wrong. Whether appropriately 
 or inappropriately introduced here, this Report has been, made: I know, 
 and we all must know, that the facts set forth and the conclusions arrived 
 at are true : and, notwithstanding that the language employed is intem- 
 perate, and I do not endorse it, I must vote to sustain the Report. 
 
 Mr. HODGES, of Pulaski. I remarked that I had no speech to make ; 
 but, by consent of the Convention, I wish to read from a speech reported 
 as having been made in thd City of Little Rock, in September last, by the 
 honorable gentleman Jrom Bradley [Mr. Bradley.] It is all the speech I 
 wish to make upon the subject. 
 
 Mr. CYPERT. I will just ask the gentleman if he knows whether the 
 editor of the paper from which he reads, was at home when the paper con- 
 taining the report of the speech was published. I do not want newspapej- 
 articles read here, unless the feditor is here to endorse them;. 
 
 Mr BRADLEY. I will simply call the gentleman's attention to the fact 
 that i went to Mr. Price [editor of the Little Rock "Evening Repub- 
 lican "] when I came to see the speech as it appeared in the "Republican," 
 
 36 
 
 ( 561 ) 
 
1868.] DB;pATES AND PEOCEBDINGS OP THE [Saturday, 
 
 Finances of the State.— BEADLEY— HODGES of Pulaski— CYPEET. - 
 
 and told him my speech had not been correctly reported. I never signed 
 that speech as my own, and never gave a copy to the editor, for publica- 
 tion. As an instance of the errors contained in the report, — I had said 
 that I was opposed-to disfranchising anybody — that was not published. 
 Again, I was represented as saying that this Republican Party was a great 
 party, because its principles ma'de it great. I said nothing, whatever, of 
 that kind. I told the editor, the speech, as published, looked more like a 
 Hard-Shell Baptist sermon, than a speech of John M. Bradley. I deny 
 the right of the gentleman to read the report, upon this floor. 
 
 Mr. HODGES. I beg leave to read a few remarks, from that speech. 
 [Cries, on the right, of " Leave ;" on the left, cries of " Object."] 
 
 The PRESIDENT. ISTo leave is necessary. There is no reason why the 
 gentleman should not proceed, if he desires. 
 
 Mr. HODGES. I would like, to call on Mr. Price, to state to the Conven- 
 tion whether or not that is a correct report. 
 
 Mr. BRADLEY. He is an interested party, and therefore not a com- 
 petent witness. I have charged him with misrepresentation. 
 
 Mr. CYPERT. I rise to a point of order. This cannot be pertinent to 
 the question, I respectfully submit. 
 
 Mr. HODGES. It is pertinent to the question — it is immediately upon 
 the question. I could never make a more pertinent speech, in my life. 
 
 The PRESIDENT. The gentleman from Pulaski [Mr. Hodges] will 
 proceed. It cannot be determined whether it is pertinent or not, until it 
 is heard. 
 
 Mr. HODGES proceeded to read, from the " Arkansas Weekly Re- 
 publican," of September 25th, 1867, the following extracts from a report 
 presenting a " synopsis of Col. J. M. Bradley's speech at the State House." 
 
 "We are, to-day, my friends, surrounded by many political difficulties, charge- 
 able to ourselves as a people and State. In 1860 no people on the face of God's 
 green earth were enjoying greater prosperity, or a more profound peace, than 
 the citizens of this State. Not content with this, but chating under imaginary 
 wrongs, and the fear that our ' rights under the Constitution ' might some 
 time be interfered with, we sought to withdraw from a Government which, up 
 to that time, had protected us in the rights of property and' person, and had 
 ruled us with a mildness and leniency unparalleled in the history of any gov- 
 ernment under the sun. I could enumerate blessings showered upon the people 
 of the South by the United States Government, during our existence as a por- 
 tion of the Union, and especially upon this State, but deem it unnecessary at 
 this time." 
 
 Again : 
 
 " Now, my friends, the great question of all others, in this campaign, is,— what 
 shall we do ? There is but one thing we can do, and that is, to reconstruct ; and 
 ( 562 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIOlSrAL CONVENTIOlSr. [26th Day. 
 Finances of the State.— HODGES of Pulaski— BKADLBY. 
 
 there is but one way we can do this, — that is, under the present Congressional 
 plan, and that, too, in a way to assure Congress, and the loyal people of this 
 nation,' that we mean just what we doand say. We must cast oif the old leaders 
 who ruled the State until they plunged it into the whirlpool of secession. I 
 say, listen to their counsels no longer, but act as your judgment dictates. We 
 must reconstruct the State ourselves, and not leave it to politicians — especially 
 to those who have reduced the State to its present unhappy condition. Say, 
 friends, do you ever stop and think over what the newspapers and old-time 
 politicians offer you, in lieu of the present Eeconstruction Acts? If you have 
 not, just do so. I think you will discover that they offer no remedies whatever 
 for the amelioration of our bankrupt and impoverished condition. I wish, right 
 here, to say another word to you upon this point ; and it is this ; that when you 
 hear the unreconstructed men and newspapers, through the country, telling the 
 people to beware of the party favoring the Congressional plan of reconstruction, 
 and charging upon them the desire to hold office as the only incentive for a 
 restoration of the State, and that their leaders are men not identified with the 
 interests of the country, but adventurers wishing to get control of the State to 
 enrich themselves at the expense of the people — I say, when you see or hear 
 this, just ask these men what they did, when controlling the destinies of the 
 State. Ask them what they did with the munificent grants made this State, 
 by the General Government, for schools and internal improvements^? Ask them 
 how many school-houses, levees, railroads, wagon-roads, and other improve- 
 ments, they have given the State, out of all the land donated to the State by the 
 General Government for this purpose. My friends, neVer was a people or State 
 so badly ruled and governed as this was, while in the hands of the old politi- 
 cians. What has become of all the taxes levied upon you, and put into the 
 State Treasury for your good ? I can tell you— in the pockets of the men who 
 satin the Legislature, last winter. This body squandered your hard earnings,— 
 over 1200,000,— during their short session; and what do you see in return for 
 it ? Nothing but a lot of useless laws upon your statute-books. 
 
 "Eeconstruction would be an easy thing, were it not for these men who, not 
 content with having involved their State in a bloody and causeless war, filled 
 the land with widows and orphans, laying waste and making desolate the 
 richest places of the State, wish to continue on in their opposition to the Gov- * 
 ernment, and thus perpetuate military rule here, in place of civil government, 
 because they cannot longer rule. It was rule or ruin with them before the war, 
 and this is still their motto. I tell you, in all frankness, that I am satisfied that 
 Congress never intends to place this State, or any Southern State which east 
 its fortune with the Confederacy, into the hands of the men who, by their coun- 
 sels and deeds, brought on the late conflict of arms between the two sections of 
 the country: much less will they do so, knowing, as they do, that the old 
 leaders here are as rebellious in their hearts, and as much opposed to the prin- 
 ciples handed down to us by the blood of our Eevolutionary fathers, as they 
 were in 1861." 
 
 \ 
 
 / 
 
 Mr. BRADLEY. Allow me one word of explanation, as this passes. 
 
 ( 563 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Saturday, 
 
 Finances of the State.— BEADLET—HODG-BS— DUV ALL.— MOISTTGOMEKT. 
 
 The squandering of the public funds, by the Legislature, that I alluded 
 to, was of the money they appropriated to the Penitentiary, [Great 
 laughter.] 
 
 Mr. HODGES. There is a great deal more, of the same sort, which I 
 will read, if it is agreeable. 
 
 Mr. DUVALL. I think this is all out of order, certainly — hunting up 
 the speeches of gentlemen 
 
 Mr. HODGES. I think so, too, and particularly of speeches reflecting 
 so seriously upon the people of the State. 
 
 Mr. MOISTTGOMEEY. I desire that the reading may proceed. I belong 
 to the Committee on Finance; and I desire that this precedent for the 
 statements of the Committee maybe read. 
 
 Mr. BRADLEY [in his seat.'] Let him go on. 
 
 A MEMBEE [in his seat.} That is no precedent. 
 
 Mr. HODGES continued his reading of the report of Mr. Bradley's 
 speech, as follows : 
 
 " Terms are submitted to us for our acceptance or rejection ; we are left to 
 do as we please in this matter, and the results are with us. Let us, then, 
 accept them in good faith, and get back into the old Union. Let us form a 
 constitution which will in every way prove acceptable to Congress, and elect 
 men to fill our vacant places in the councils of the nation, who will be received 
 and admitted'to seats. If we do not, then God only knows what will be our 
 future lot. The old leaders in this State tell us'to vote No Convention. Why 
 do they do so ? What do they offer the people, as a means of bettering their 
 present condition? Nothing. Then why listen to such counsels? I have 
 failed to see anything offered by them, as yet, which can in the least help the 
 people. The questions now presented to us are grave and important ones, 
 ones involving the future weal or woe of this people. I therefore beseech of 
 you, my fellow-citizens, to pause and reflect before you go too far in this mat- 
 ter. Take not false steps. Think calmly and dispassionately, and as rational 
 reasoning men act well your part. Discard old political hacks, who will try 
 every way to control you, and have you vote in their interests,— which from 
 the bottom of my heart I feel are not the interests of the people. I say that 
 the men who. are opposed to reconstruction, to-day, have not the interests of 
 this State or nation at heart, and care nothing for the. people. 
 
 " Times have changed, and we are expected to keep up with them, or pass 
 out of existence. I am glad that the time has come, in this country, when a 
 man can and will be appreciated for his moral and mental worth, and not for 
 his property or negroes. Eeconstruet, and we will no longer have the Military 
 Bill, or an army quartered in our midst. Nothing but this will relieve us from 
 the present rule. Place no faith in stories that a great conservative party is 
 springing up in the nation. North and South, which will soon sweep the Rad- 
 ical Party from political control." — 
 
 [Laughter.] 
 ( 564 ) 
 
Feb. 8th.] AEKANSAS CONSTITUTIONAL COlSTYENTIOlSr. [26th Day. 
 Finances of the State.— HODGES— MOOKB—BKOOKS— HINDS— McCLTJEE. 
 
 " It will not be until after we are in some way reconstructed, if such a thing 
 ever happens. 
 
 " What promises were given you in 1860, by this great Conservative or Demo- 
 cratic Party ? Were they fulfilled ? — They were not ; and those who told you 
 they would be, knew better, and are telling you the same trash now. Vote a 
 convention, and see if we can't restore our State to her old prosperity. Do 
 not be afraid of names, but do your duty, regardless of what may be said of you 
 politically. My friends, I have talked longer than I had intended, — etc. 
 
 " At the conclusion of this very able speech, which was frequently cheered 
 by the assembled audience, the band struck up an enlivening air, and the crowd 
 slowly dispersed." 
 
 [Laughter.] 
 
 Mr. MOORE. I have no right to make a speech 
 
 Mr. BROOKS. I rise to a point of order. ISTo member has a right to 
 speak twice upon the same subject, until every other member wishing to 
 speak shall have spoken. 
 
 Mr. MOORE. I rise merely to make inquiries, that I may be enabled 
 to give an intelligent vote upon this question. I desire to ask the Chair- 
 man of the Committee, from what source they derive their information of 
 the amount of " United States money seized," — $250,000 ? I want to vote 
 intelligently ; hence I ask the question of the gentleman from Arkansas 
 [Mr. MoClure.] 
 
 Mr. HINDS. I rise to' a point of order. We have already had two 
 speeches from the gentleman from Bradley [Mr. Bradley],— one of them 
 very ably read, but a few minutes since, by the gentleman from Pulaski 
 [Mr. Hodges], the other delivered by the gentleman himself, upon the 
 floor. That was undoubtedly out of order. I have allowed the matter to 
 go on ; but now the gentleman from Ashley [Mr. Moore] rises, before an 
 opportunity has been given to others to speak. I think our rules should 
 not be further infringed. 
 
 Mr. MOORE. I am only asking for information. 
 
 The^PRESIDElsTT. The Chair would suggest that the gentleman from 
 Ashley had better desist from his remarks until other gentlemen, who 
 have not had the floor, are through speaking. 
 
 Mr, McCLURE. I will answer the question of the gentleman from 
 Ashley. It appears that there were, in the City of Little Rock, in one 
 office alone, at the breaking out of the rebelhon, $100,000 of money be- 
 longing to the United States. The sum stated in the Report is, as there 
 appears, a mere estimate, which has been placed at $250,000. It is sup- 
 posed that at Fort Smith, and other points where there were ISTational 
 funds, there was a sufficient anaount to make the total run to $250,000. 
 
 { 565 ) 
 
1868.] DEBATES AND PEOOBEDINGS OP THE [Saturday, 
 
 Finances of the State.— McCLUEE—MOOEE. 
 
 I have been informed that there was a party here who had ascertained 
 the exact amount — some agent of the Government, — at the session of the 
 last Legislative Assembly ; but what that amount was, I have not been 
 able to learn. It appears merely as a matter of estimate. If the sura was 
 not really so large, the people are so much the better off. 
 
 Mr. MOOEE. I suppose the gentleman will not object to my asking 
 another question. From what source did the Committee derive their 
 information that there was a School Fund of $11,893.94 ? I have the facts 
 and figures before me ; and I know what I am saying. 
 - Mr. McCLURE. Of how much ? 
 
 Mr. MOOEE. The Seminary and Saline Funds amount to $11,893.94. 
 
 Mr. McCLUEE. On the 1st day of May, 1861, about the time when 
 secession commenced, this money was in the hands of the State ; and the 
 State was, of course, responsible for it, if it was illegally spent. If it was 
 spent in opposition to the United States forces, the State itself was re- 
 sponsible, or the parties who spent it. The amount specified was the 
 balance in the Treasury at that time. 
 
 Mr. MOOEE. All I desire to say — and it is not a speech, at all — in 
 reply to that statement is, that it is in conflict with the sworn Eeport of 
 the Auditor, who makes the amount only $3224.77. 
 
 If the Eeport of the Committee is wrong in one point, perhaps it is 
 wrong in all. 
 
 Mr. McCLUEE. The Auditor made no sworn statement upon that sub- 
 ject, at all, or of anything from which such an inference is to be drawn. 
 
 Mr. MOOEE. I understand that every statement given in by an official, 
 in the discharge of his official duties, is given in under his official oath. 
 
 Mr. McCLUEE. I will say, in the first place, that the Committee starts 
 out with a statement of a School Fund of something over eleven thou- 
 sand dollars. That, I say, is the statement of our Eeport. The amount 
 
 for which the Auditor accounts, is, some four thousand dollars. I find I 
 
 ■I . ' 
 
 have not the exact figures of his statement now before me. He says that 
 all the School Fund the State ever had, consisted of the proceeds of Saline 
 Lands, and seventy-two sections of Seminary land. The proceeds of the 
 Seminary lands, as shown by the printed exhibits in the office of the 
 Secretary of State, which I take to be correct, are those stated in the Ee- 
 port of the Committee. The Committee's Eeport is based upon the re- 
 port made to the first Legislature — or the last Legislature, for what I now 
 remember — the report made to the Legislature of the State, upon this 
 subject; and according to the report so made, the balance, as we have 
 stated it, is the amount for which the State is responsible. If the books 
 are wrong, we cannot help it. That was the only means I had of obtain- 
 ing information. The Auditor, however, in his Eeport which exhibits 
 this discrepancy with that presented to the Legislature, gives, instead of 
 ( 566 ) 
 
Feb. Sth.J AEKANSAS CONSTITUTIONAL CONVENTION. [26th Day. 
 Finances of the State— Question of Privilege.— BROOKS— BRADLEY— CYPEET. 
 
 something over three thousand dollars, as represented by the gentleman, 
 $1344.58, as the amount distributed among the counties ; the balance 
 having been placed in the hands of some one, who went for medicines, 
 and lost it somewhere. 
 
 Mr. MOOEE. W. H. Etter. 
 
 Mr. McCLTJRE. Yes — down near Brownsville. A curious use of school 
 funds — to spend them for medicine. 
 
 QUESTION OF PRIVILESB. 
 
 Mr. BROOKS. I rise to a question of privilege. As Major Price, the 
 editor of the " Republican," has been severely criticized, in connection 
 with the repoi't, which has been read, of a speech of the gentleman from 
 Bradley [Mr. Bradley], I think he should be allowed to make a state- 
 ment, to the Convention, in his own defence. [Cries of " Leave," and of 
 " Object."] 
 
 Mr. BRADLEY. One word of explanation. In the report of my speech, 
 which has been read, I was represented as saying that we rebelled at a 
 time when the United States was protecting us. I suppose no gentleman 
 will deny that fact. The United States had been protecting us for thirty 
 years. I was truly represented, so fiar as that goes. I hold that if we 
 wereengaged, for the thirty-two years of our State existence previous to 
 the war, in theft and robbery, the United States was all that time protect- 
 ing us in theft and robbery. 
 
 Mr. BROOKS. I rise to a point of order. I do not object to any gen- 
 tleman making an explanation. I do not object to the gentleman from 
 Bradley doing so. But I do object to his gobbling a privilege of that kind, 
 and preventing anybody else from sharing it. 
 
 Mr. BRADLEY. The United States, I say, had been protecting us in 
 the legitimate exercise of our functions as a State, and certainly not in 
 theft and robbery. 
 
 The PRESIDEE'T. The gentleman from Phillips [Mr. Bkooks] asks 
 leave for the editor of the paper which published the speech that has been 
 read to the Convention by the gentleman from Pulaski [Mr. Hodsbs], to 
 make an explanation. Will the Convention give the gentleman leave ? 
 [Cries of " Leave."] 
 
 Mr. CYPERT [m his seaf]. I object. 
 
 The PRESIDENT. The Chair hears no objection.— 
 
 Mr. CYPERT. I just objected. I presume a precedent of that kind 
 has never been known in any deliberative body. Mr. Price has his remedy, 
 if any injustice has been done him. He is not a member upon this floor. 
 
 ( 567 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 Question of Privilege.— CYPERT— BROOKS. 
 
 I object not to a controversy of the kind proposed, outside the Conven- 
 tion ; but I certainly do in this house. It is unprecedented. 
 
 Mr. BROOKS. I have only to say that Major Price is an officer of this 
 body. He is charged, by a member of the House, with publishing an 
 erroneous report of a public speech delivered by that member. I claim 
 it is not unprecedented ; but that he ought, in all honor, to be allowed 
 the privilege of an explanation before the body where the accusation is 
 made, and at the time it is made. 
 
 I am not disposed, however, to press the request. I do not think he 
 needs any vindication, either by his own explanation or otherwise; and as 
 the gentleman and his friends object to an officer of the Convention, 
 charged as he has been upon this floor, returning an explanation to the 
 Convention, I withdraw the application. 
 
 Mr. HINKLE. I move to adjourn to Monday next, at ten o'clock. 
 
 Mr. CYPEET. I hope the Convention will not adjourn. 
 
 The PRESIDENT : The gentleman from White [Mr. Cypeet] will 
 come to order. 
 
 The question was then taken upon the motion to adjourn, and, a division 
 being had, the motion was agreed to. Ayes 33, !N"oe8 24 ; 
 
 And thereupon, at 12.15, p.m., the Convention adjourned to 10, a.m., 
 of Monday, February 10th. 
 
 TWENTY-SEVENTH DAY. 
 
 Monday, February IQth, 1868. 
 Convention met at 10, a.m. 
 Prayer was offered by the Chaplain. 
 The roll was called ; and the following members answered to their names : 
 
 Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, Corbell, 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Pulaski, 
 Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, 
 Matthews, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Moore, 
 Norman, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Samuels, Sarber, Scott, Shoppach, Sims, Smith, Snyder, 
 ( 568 ) 
 
Feb. 10th.] AEKANSAS COlSrSTITUTIOISrAL CONVENTION. [27th Day. 
 Izard County Election.— GENEKAL DEBATE. 
 
 Van Hook, Walker, Wilson, White, Williams, Wright, Wyatt, and the Presi- 
 dent. 
 
 Sick : Mr. Merrick. 
 
 Excused: Messrs. Hodges of Crittenden, and Owen. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 The Journal of the preceding day was read and approved. 
 
 IZARD COUNTY ELECTION. 
 
 Mr. REYNOLDS. Mr. Adams, member from Izard County, is present, 
 and desires to be qualified. 
 
 Mr. McCLURE. I move that the gentleman's credentials be referred to 
 the Committee on Elections. 
 
 Mr. MOORE. The case has already been acted upon. 
 
 Mr. OAISTTT. It has been referred to the Committee, once before ; and 
 a report was made, entitling the gentleman to his seat. 
 
 The PRESIDENT. The minutes have not been read. 
 
 Mr. REYNOLDS. I believe this is a privileged question, and entitled 
 to be heard at any time. 
 
 The PRESIDENT. What is the motion before the Convention ? 
 
 Mr. REYNOLDS. I move that he be permitted to take his seat, and be 
 qualified. 
 
 Mr. SARBER. I have understood, since I have been here, that the gen- 
 tleman in question is not a resident of that County. 
 
 Mr. DALE. I do not exactly remember, at this time, what the report 
 of the Committee on Elections was, in regard to the title of this gentle- 
 man from Izard, to a seat. However, I do remember what was the action 
 of the Committee in regard to the first claimant, at the timfe. But I 
 understand, from what I regard as a reliable source, that the gentleman 
 who presents himself here for admission, is not a resident of Izard, and 
 was not at the time he claimed his seat. Therefore, I think it would be 
 proper, under the circumstances, to refer the matter to the Committee on 
 Elections, that they may investigate the question, and ascertain whether or 
 not the gentleman is a resident of the County which he claims to represent. 
 
 The PRESIDENT. The Committee, as the Chair understands, has 
 alfeady reported that the gentleman is entitled to his seat. 
 
 Mr. HODGES, of Pulaski. That being the case, I move a re-reference 
 of the matter, to the Committee on Elections. 
 
 Mr. REYNOLDS. I wish to state that the gentleman was born in the 
 County, and has lived there ever since. These statements are made, here, 
 for I know not what purpose. It may be, to procure a reference to the 
 Committee, and so to place the question again before the Convention. 
 
 ( 569 ) 
 
1868.] ■ DEBATES AND PEOCBBDINGS OP THE [Monday, 
 
 Izard County Election.— GENERAL DEBATE. 
 
 But the statements are not founded upon facts. I ask that such proposi- 
 tions should be at least founded upon some authority. 
 
 Mr. SARBER. Do you claim that the gentleman is a resident of the 
 County ? 
 
 Mr. C YPERT. I know that to be true. I have known the gentleman 
 for fifteen years, have known his residence, and know that he has always 
 lived in the County. 
 
 The PRESTDEJSTT. The question is upon the motion to recommit. 
 
 Mr. MOORE. Mr. President 
 
 The PRESIDENT. The question is not debatable,— although these 
 explanations have been permitted. 
 
 Mr. MOORE. I wish to ask a question. "Will it, after a resolution has 
 been passed, admitting the gentleman to his seat, be in order to recommit, 
 without a previous reconsideration of that resolution ? It is only for 
 information that I ask. 
 
 Mr. C YPERT [in his seat.'] It is in order, too. 
 
 The PRESIDEIS'T. The Chair is not clear upon the subject, but is 
 inclined to think that the motion to recommit is in order. 
 
 Mr. CYPERT. I understand that a motion to recommit, under ordinary 
 circumstances, before the adoption, by the house, of a report or resolu- 
 tion presented by a committee, is in order ; but after the adoption of the 
 resolution admitting the geatleman to his seat, he is certainly entitled to 
 it, and his claim cannot be recommitted, without rescinding the resolution 
 already passed. 
 
 Mr. MOORE. If I understand the situation of the question, the Com- 
 mittee on Elections reported the gentleman from Izard entitled to his 
 seat, and that the contestant, Mr. Toney, be allowed his mileage, inasmuch 
 as he had a reasonable ground to believe himself a duly elected delegate, 
 having a certificate of election from one of the Registrars of the County. 
 That resolution was adopted by the Convention, and is a part of the 
 records of the Convention. All, then, that is necessary, is, that Mr. 
 Adams be sworn in. 
 
 Mr. McCLURE. I desire that reference may be made to the Journal of 
 the proceedings, that we may know the present state of the case. 
 
 The PRESIDENT. The Chair has already directed the Secretary to refer 
 to the Journal, that the Convention may know the state of the question. 
 
 Mr. HODGES, of Pulaski. Does the Chair rule the motion out of 
 order ? If so, I will move to reconsider the vote. 
 
 The PRESIDENT. If the Report of the Committee has been properly 
 stated, and the claimant has been by resolution declared entitled to his 
 seat, the motion to recommit will be out of order. The Chair wishes to 
 see the facts of the case, before making that decision. That portion of 
 the Report, referred to, if such a report was indeed made, had escaped 
 { 570 ) 
 
Feb. 10th. J AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 Izard County Election.— McOLUEB—BEASLEY—SAEBER—EETKOLDS. 
 
 the recollection of the Chair, when the regularity of the motion to recom- 
 mit was spoken of. 
 
 [Pending the time consumed in the Sbceetaet's search for the record 
 in question :] 
 
 The PRESIDENT remarked :— If there is no question as to the facts, 
 the statement made to the Convention will be considered as correct, 
 
 Mr. McCLURE. I beg that we may have the best evidence. I prefer 
 to see it. 
 
 Mr. BEASLEY. I am satisfied that it was declared, and acted upon 
 by the Convention, that Mr. Adams was entitled to his seat. 
 
 The PRESIDENT. The gentleman from Arkansas [Mr. McClurb] 
 calls for the record. 
 
 Mr. SARBER. I think I can satisfy the gentleman as to the point, as I 
 proposed the resolution. 
 
 Mr. REYNOLDS. I presume the only question is, whether the Chair 
 is sufficiently satisfied with the statement offered, to make a decision 
 
 The PRESIDENT. The Chair has no recollection as to what disposi- 
 tion was made of the matter. The Chair merely recollects that the mat- 
 ter was before the Convention. 
 
 Mr. BRADLEY. Has the other claimant from Izard been occupying 
 his seat, all the time ? , 
 
 The PRESIDENT. He has not. 
 
 Mr. BRADLEY. By what decision was he debarred of his seat ? 
 
 The PRESIDENT. By the report of the Committee on Elections. 
 Mr. BRADLEY. The Committee must have so reported, and the Con- 
 vention taken action accordingly, or that gentleman would have occupied 
 his seat all the time. 
 The PRESIDENT. The Secretary is engaged in searching the record. 
 The EIRST ^ASSISTANT SECRETARY read, from the Journal of 
 January 23d, as follows : 
 
 Mr. SAEBEE, from the Committee on Elections, reported the following in 
 relation to a seat claimed in this Convention by L. D. Tonet, and asked that 
 the Committee be discharged from the further consideration of the case, which 
 was granted. 
 
 Mr. GANTT moved its adoption ; which prevailed.* 
 
 Mr. SARBER. Where is the Report ? 
 
 * Note. In the making up of the Journal, the record of the action taken upon the Eeport 
 of the Committee, was made to precede the entry of the Eeport itself. The Assistant Secre- 
 tary, in reading the record, consequently failed to observe the subsequent insertion of the Ee- 
 port : hence arose the discussion that follows ; which, however, having given rise to a call of 
 the yeas and nays, the Eeporter has not felt at liberty to omit. 
 
 (sn ) 
 
1868.] DEBATES AND PEOCBEDmGS OP THE [Monday, 
 
 Izard County Election.— SAEBBE—CYPEET— HODGES of Pulaski— MOOEE. 
 
 The FIRST ASSISTANT SECRETARY replied : It would appear 
 that there was a verbal statement 6nly. 
 
 Mr. SARBER. I handed in, myself, the Report, in writing; and attached 
 to that Report was the resolution, declaring that this gentleman was en- 
 titled to his seat; and, if I remember rightly, it was passed upon by the 
 Convention and adopted. The Report must have been mislaid.' 
 
 Mr. CYPERT. I will make this remark in regard to the minutes. It 
 is proper that all reports be spread upon the minutes; if it is not done, we 
 will have to have the proceedings recorded again. " Reporting the fol- 
 lowing," without presenting upon the minutes that which is reported, is 
 an absurdity. " The following," is following it into a pigeon-hole. The 
 Report ought to go upon the records. And as one of the Committee ap- 
 pointed to revise the final copy of the record, I must confess that I am not 
 really attending to it, not supposing the interference of the Committee 
 habitually necessary. But if that great error has happened in one ihing, 
 it will put me to the necessity of locking over the books. I hope I shall 
 not be put to that necessity. The minutes should at least be correct, and 
 incorporate "the following," so as to show what "the following" was. 
 
 The SECRETARY, by direction of the President, read, for the in- 
 formation of the Convention, from the Little Rock Daily G-azette : 
 
 " Mr. Sarber, Chairman of Committee on Elections, submitted a report as- 
 signing the seat for Izard to W. W. Adams, but declaring L. D. Toney, the 
 . other claimant, entitled to mileage from his home and back. Adopted." 
 
 Mr. CYPERT. That is not the record ? 
 
 The SECRETARY. 'Eo, sir; that is from a newspaper report of the 
 proceedings. 
 
 Mr. CYPERT. I want the records to show the fact. 
 
 The SECRETARY. The records shall show it, if gentlemen will only 
 give us time. 
 
 Mr. HODGES, of Pulaski. I move that the records be made to show 
 that the fact was as stated. 
 
 The PRESIDENT. If there is no objection, the record will be so 
 amended. 
 
 Mr. McCLURE. I object. I have no recollection of any such trans- 
 action. 
 
 Messrs. CYPERT and HICKS \in their seats.} The Committee so 
 state it. 
 
 Mr. MOORE. The whole Convention is not to be overruled by the rec- 
 ollection, or want of recollection, of the gentleman from Arkansas [Mr. 
 McCluke.J 
 
 The PRESIDENT. If the Convention is to proceed with business, either 
 (572 ) 
 
Feb. lOth.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Izard County Election.— MOOKE—MONTaOMEET—CYPBRT— BROOKS. 
 
 the record must be corrected, or the matter must be deferred, in order to 
 afford the Secretary opportunity to refer to the files of Reports. 
 
 Mr. MOORE. I ask, then, that the gentleman may be sworn in. 
 
 The PRESIDENT. The gentleman from Pulaski [Mr. Hodges] moves 
 that the records be so amended as to show that the Committee on Elec- 
 tions reported Mr. Abams entitled to a seat, as delegate from Izard County. 
 
 Mr. MONTGOMERY. I am opposed to having the minutes amended 
 upon this authority. If we can have the Report itself spread upon the 
 minutes, I would agree to it. I move a postponement of the considera- 
 tion of the subject, until to-morrow morning. 
 
 Mr. CYPERT. I call for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the negative, — Yeas 30, 
 Nays 32, as follows : 
 
 Teas : Messrs. Belden, Brashear, Brooks, Coates, Bxon, Gray of Jefferson, 
 Grey of Phillips, Hatfield, Hawkins, Hinds, Hodges of Pulaski, Hutchinson, 
 Johnson, Langley, Mallory, Mason, Montgomery, Murphy, McOlure, Oliver, 
 Poole, Priddy, Eector, Samuels, Scott, Sims, Snyder, White, Williams, and the 
 President— 30. 
 
 Nats : Messrs. Corbell, Cypert, Dale, Duvall, Evans, Gantt, Harrison, Hicks, 
 Hinkle, Hollis, Hoge, Houghton, Kyle, Matthews, Misner, Millsaps, McCown, 
 Moore, Norman, Portis, Puntney, Eawlings, Rounsaville, Sams, Sarber, Shop- 
 pach. Smith, Van Hook, Walker, Wilson, Wright, and Wyatt— 32. 
 
 So the Convention refused to amend the record. 
 
 Pending the call of the roll : 
 
 The name of Mr. Adams being called by the Secretary, and he having 
 
 answered " No," 
 
 Mr. CYPERT said : The gentleman's name has been called, he has 
 answered to it ; and his vote has not been counted. 
 
 The PRESIDENT. The gentleman [Mr. Adams] has not been sworn in; 
 and his vote cannot be counted until he has qualified. ^ 
 
 Mr. BROOKS (when his name was called) said : I have not asked to 
 explain a vote, since I have been here. I do not regard this matter as at 
 all important ; yet I wish to vote for the postponement, and to explain that 
 I do this, not to dodge this question, in any form whatever, but in order 
 that the Secretary may have time allowed him to look up the Report, 
 which, no doubt, is on file. And I will state that it is not a universal 
 custom, at all, for Secretaries to spread upon the Journal everything of 
 this kind. It is usual, under such circumstances, if documents of this 
 character are not spread upon the Journal, to refer to them, by number 
 or letter of file, that they may appear upon the Journal. I vote Aye, in 
 order that the Secretary may have time to^ search his files. 
 
 ( 573 ) 
 
1868.] DEBATES AISTD PEOOBBDINGS OF THE [Monday, 
 
 Izard County Election.— EXPLANATIONS OF VOTES. 
 
 Mr. CYPERT (when his name was called) said : I know it is usual for 
 the minutes to show reports of committees. When a report is referred 
 to as " the following," it should appear upon the minutes. If it was 
 adopted, or rejected, by 
 
 Mr. MOJSTTGOMEET. I rise to a point of order. 
 
 Mr. CYPERT. Why didn't you rise before, when the gentleman from 
 Phillips [Mr. Brooks] was up ?■ 
 
 [Mr. Montgomery not insisting upon the point of order,] 
 
 The PRESIDENT permitted Mr. Cypert to proceed. 
 
 Mr. CYPERT. I believe every gentleman in this house is fully satisfied 
 that the action of the Convention was as has been represented ; and I do 
 not wish to postpone, the granting of a right already awarded by the 
 Convention. I vote l^o. 
 
 Mr. DUVALL (when his name was called) said : I vote No; because, 
 I know that the Report which has been read [from the "Gazette"] is 
 correct. 
 
 Mr. HATFIELD (when his name was called) said : I was a member of 
 that Committee ; and I ask to be excused from voting. 
 
 Mr. CYPERT [in his seat.'] I object : we can't excuse you.^ 
 
 Mr. HATFIELD. Aye. I now wish to explain my vote. I will state, 
 that in my recollection, that Report was handed in, and action of the Con- 
 vention was taken in regard to the cases of Messrs. Moore and Ii^orman, 
 but that in regard to the gentleman from Izard County, there was no vote 
 taken. Consequently, I have voted Aye. 
 
 Mr. SARBER (when his name was called) said: I was Chairman of the 
 Committee on Elections, at the time ; and I have already stated that I am 
 satisfied the gentleman [Mr. Cypert] is correct in his recollection of the 
 fact of the presentation of the Report ; and to the best of my recollection, 
 it was adopted — I am not positive. As charges, however, have been made, 
 since that time, that this gentleman is a non-resident, and in order that 
 we may have time to ascertain the truth of those charges, I should favor 
 postponing our action. Yet I think we have no right to go behind the 
 record ; and I therefore vote No. 
 
 The vote, as above stated, having been announced : 
 
 Mr. MOORE said : I now move that the gentleman from Izard [Mr. 
 Adams] be sworn in and take his seat. 
 
 Mr. REYNOLDS. Upon that I demand the previous question. 
 
 Mr. MONTGOMERY was recognized by the Chair. 
 
 Several MEMBERS [in their seats.] He is out of order. The previous 
 question was moved. 
 
 The PRESIDENT. The call was not seconded before the gentleman 
 from Hempstead [Mr. Montgomery] was recognized. 
 ( 574 ) 
 
Feb. 10th.] AEKANSAS COISTSTITUTIONAL CONVENTION. [27th Daj'. 
 Izard County Election.— GEKEKAL DEBATE. 
 
 Mr. McCLURE. I rise to a point of order. I have not heard the ques- 
 tion stated by the Chair. 
 
 The PRESIDENT. The gentleman is correct. The Chair will now 
 state the question. The motion before the Convention is that of the gen- 
 tleman from Ashley [Mr. Moorb]^ to swear in the delegate from Izard 
 County. 
 
 Mr. REYNOLDS. I demand the previous question upon that motion. 
 
 The question being taken upon the demand for the main question, and 
 a division being called for, the number (which was not announced) of 
 those voting in the affirmative and in the negative was found to be equal. 
 Before the consequent result was declared, 
 
 Mr. HODGES, of Pulaski, called for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the affirmative, — Yeas 
 35, Nays 29, as follows : 
 
 Yeas : Messrs. Beasley, Bell, Bradley, Brashear, Corbell, Cypert, Dale, 
 Duvall, Evans, Gantt, Harrison, Hicks, Hinkle, Hollis, Hoge, Houghton, Kyle, 
 Matthews, Misner, Millsaps, McCown, Moore, Norman, Portis, Puutney, Eawl- 
 ings, Eeynolds, Eounsaville, Sams, Shoppach, Van Hook, Walker, Wilson, 
 Wright, and Wyatt— 35. 
 
 Nays: Messrs. Belden, Brooks, Coates, Exon, Gray of Jefferson, Grey of 
 Phillips, Hatfield, Hawkins, Hinds, Hodges of Pulaski, Hutchinson, Johnson, 
 Langley, Mason, Montgomery, Murphy, McClure, Poole, Priddy, Eeetor, 
 Samuels, Sarber, Scott, Sims, Smith, Snyder, White, Williams, and the Presi- 
 dent— 29. 
 
 The question recurring on the motion that the oath of office be admin- 
 istered to Mr. Adams, 
 
 Mr. HODGES, of Pulaski, asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. CYPERT said : I understand that the gentleman has been already 
 admitted to his seat, as 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. I say the records 
 
 show nothing of the kind. 
 
 Mr. CYPERT. I know that the facts state it, whether the records do 
 or not; and I cannot be responsible for the record's not showing it. I 
 know it is there ; and I defy any man to deny it. 
 
 Mr. BELL. Does the record show that the gentleman is entitled to the 
 
 seat? 
 
 The PRESIDENT. That is a question on which the Chair does not 
 
 propose to decide, as it is disputed. 
 
 Mr, BROOKS. I call for the re-reading of the resolution, upon that 
 
 point. 
 
 . ( 5Y5 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Izard County Election.— BELL— BRASHBAE—BEOOKS. 
 
 The PRESIDENT. The re-reading is out of order, unless by consent. 
 The previous question has been ordered ; and the main question must now 
 be put. 
 
 After some remarks on the parliamentary aspect of the question before 
 the Convention, 
 
 The question w^as taken ; and it vpas decided in the affirmative, — Teas 
 40, Nays 25, as follows : 
 
 Yeas : Messrs. Beasley, Bradley, Brashear, Coates, Corbel!, Cypert, Duvall, 
 Evans, Gantt, Grey of Phillips, Hoge, Harrison, Hicks, Hinkle, HoUis, Hough- 
 ton, Kyle, Mallory, Matthews, Misner, Millsaps, McCown, Moore, Iforman, 
 Poole, Portis, Priddy, Puntney, Eawlings, Eeynolds, Eounsaville, Samuels, 
 Sarber, Scott, Shoppaeh, Van Hook, Walker, Wilson, Wright, and Wyatt — 40. 
 
 Nays: Messrs. Balden, Bell, Brooks, Dale, Exon, Gray of Jefferson, Hatfield, 
 Hawkins, Hinds, Hodges of Pulaski, Hutchinson, Johnson, Langley, Mason, 
 Montgomery, Murphy, McOlure, Oliver, Eector, Sims, Smith, Snyder, White, 
 Williams, and the President — 25. 
 
 Pending the call of the roll : 
 
 Mr. BELL (when his name was called), insisting that, if within the 
 knowledge of the Chair, it should be stated whether the Convention had 
 declared the claimant from Izard entitled to a seat, 
 
 The PRESIDENT stated that, from the reading of the Journal, two 
 opinions prevailed upon the subject. 
 
 After further remarks, 
 
 Mr. BELL asked to be excused from voting. 
 
 Objection being made, 
 
 Mr. BELL voted No. 
 
 Mr. BRASHEAR (when his name was called) said: I believe this is the 
 first time I ever rose to state a reason for my vote. The understanding I 
 had from the Chairman of the Committee was, that Mr. Adams was 
 entitled to a seat. The record has been read. My recollection, in the 
 matter, has been confirmed by the reading of an extract from some news- 
 paper. The records do not show the fact; yet I am satisfied of it; and I 
 am, therefore, compelled to vote Aye. 
 
 Mr. BROOKS (when his name was called) said : I, also, wish to explain. 
 I never pretend to rely upon my remembrance, or the remembrance of any 
 other gentleman, with respect to official proceedings of this character. "We 
 have referred to the Journal ; and, as I recollect the reference, the Journal 
 does not show the fact which some gentlemen recollect., I have asked for 
 the reading of the Journal, on the point, simply as a matter of informa- 
 tion, in order that we might be enabled to vote intelligently, taking the 
 record as a basis. That is declined. We tried to get a postponement of 
 ( 676 ) ^ 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Izard County Election.— EXPLANATIONS OP VOTES. 
 
 the matter, with the object of obtaining, from the files of the Secretary, 
 the information.' That has been denied. In view of these facts, I vote No. 
 
 Mr. DALE (when his name was called) said : Having acted as a mem- 
 ber of the Committee in this case, and having, as I remember, after read- 
 ing the Journal, become convinced that the seat was declared properly 
 to belong to a gentleman of the name of Adams, and as there seems to be 
 so much tenacity exhibited, about the matter, by certain gentlemen, I pro- 
 pose to do what I think is right, in this case as in all such cases, regardless 
 of what other people think. I have never so much as thought of explain- 
 ing my vote, on any other occasion. Inasmuch as there may be difference 
 of opinion in .regard to this matter, and inasmuch as gentlemen have 
 pushed the thing with such tenacity, I think there may possibly be some- 
 thing rotten in Denmark, and I cannot vote for any man unless I know 
 he is the man, whether he has credentials or not. 
 
 A MEMBER [in his seaf] Here are his credentials. 
 
 Mr. DTJYALL (when his name was called) expressed his belief that Mr. 
 Adams had been entitled to his seat; and accordingly voted Aye. 
 
 Mr. EXON (when his name was called) said : To the best of my recol- 
 lection, the resolution declaring Mr. Adams entitled to a seat, was never 
 adopted; and I therefore vote No. 
 
 Mr. GANTT (when his name was called) said : I was a member of the 
 Committee on Elections. The matter was deliberated upon in the com- 
 mittee-room. There was not a solitary member of the Committee that 
 was not of opinion that Mr. Adams was the duly elected delegate to this 
 Convention, from the County of Izard. The question was then raised 
 whether, in view of all the circumstances in reference to Mr. Toney's 
 attendance at Little Eock, he was entitled to mileage. The Committee 
 was of opinion that he was so entitled. 
 
 Mr. Gantt proceeded with a further statement of facts in reference to 
 the presentation of the Eeport, and the adoption of the resolution declar- 
 ing Mr. Adams entitled to a seat; and recorded his vote in the affirmative. 
 
 Mr. GREY, of Phillips (when his name was called) said : I dislike the 
 idea of degenerating into a voting machine ; and I would like to know 
 what I am voting upon. I have understood that Mr. Adams' name has 
 been called, more or less, as a member of the Convention. 
 
 Mr. BRADLEY [in his seat.'] Every day. 
 
 Mr. GREY. Under the circumstances, I cannot, in accordance with my 
 conscientious opinions, vote otherwise than Aye. 
 
 Mr. HATEEELD (when his name was called) said : As gentlemen of the 
 Committee have positively declared that they do know so and so, and that 
 the resolution was passed, I, as a member of that Committee, will say that 
 I have no such recollection, and do not believe that the resolution was 
 voted on in the Convention, I therefore vote No. 
 
 37 ( 511 ) 
 
186S.] iJJK±5A'±.K« AiNi> li-JiUUJilliJJiJN US VF TUm LMonday, 
 
 Izard County Election.— EXPLANATIONS OP VOTES. 
 
 Mr. HODGES, of Pulaaki (when his name was called), said: Let me 
 explain my vote, this time. Having discovered that thaf^eport was pre- 
 sented, and acted upon, I endeavored to have the decision of this question 
 put off, until it could be placed in shape. I also, before the present motion 
 came up, endeavored, by motion, to put the matter in shape. But the 
 gentlemen on the other side have refused to do anything of that kind, and 
 have sprung the question upon us in its present form. Mr. Toney, who 
 waited until the Report was made, went away without even asking a cer- 
 tificate for his mileage, understanding that the Committee had not voted 
 upon it, in any shape or manner. I therefore vote No. 
 
 Mr. HOGE (when his name was called) said : I remember distinctly, 
 and would be sworn now, that that Report was acted upon by this Con- 
 vention. I vote Aye. 
 
 Mr. HUTCHIl^SOS" (when his name was called) said : I was one of the 
 members of the Committee ; and my recollection is, that the conclusion 
 reached was that Mr. Toney should have his mileage, and that Mr. Adams 
 was entitled to a seat. But inasmuch as that Report has not gone regu- 
 lai-ly upon the Journal, and a difference of opinion seems to exist, it would 
 seem to me desirable that the matter should be deferred, the question 
 thoroughly analyzed, and all parties more generally satisfied, in regard to 
 it, than at present. I feel that Mr. Adams is entitled to his seat ; but, with 
 the views which I entertain of the propriety of further investigation of the 
 subject, I preferred postponing its consideration until to-morrow morning. 
 I therefore vote JSTo. 
 
 Mr. MALLORY (when his name was called) said: I believe this is the 
 only time I have ever asked to be excused from a vote in this body. 
 
 Mr. CYPERT. Here is the record, as stated,— the full report and reso- 
 lution adopted by the Convention. As gentlemen have disputed my word, 
 I call for the reading of the record. 
 
 Mr. MALLORY. I submit a point of order. The reading of the record 
 has been refused. 
 
 Mr. CYPERT. I don't care if it has : my veracity has been questioned, 
 and I demand that the record be read. 
 
 Mr. BROOKS. I call for the enforcement of order. If the Sergeant- 
 at-Arms has to do it, let it be done. 
 
 The PRESIDENT. The Chair proposes to keep order, himself. The 
 Chair has already refused the reading of anything in connection with the 
 previous question, and decides that, in accordance with parliamentary law, 
 the refusal will be adhered to. 
 
 Mr. MALLORY. I rose to explain my vote, and still propose to do so. 
 Whatever the Committee may have reported, I wish to know if the cre- 
 dentials of the gentleman from Izard [Mr. Adams] have been presented. 
 
 Mr. REYNOLDS. Yes, sir ; I have them in my possession. 
 (5T8) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Izard County Election.— MALLdKY—MONTGOMEKY—MUEPHT—McCLURB. 
 
 Mr. MALLORY. I am not asking of any gentleman, but of the au- 
 thority from which 
 
 [Mr. Reynolds sent to the Secretary's desk the credentials of Mr. 
 Adams.] 
 
 Mr. MALLORY asked to he excused from voting. 
 
 Objection being made, 
 
 Mr. MALLORY said : Then I vote Aye. [Some applause from the left.] 
 
 Mr. MONTGOMERY (when his name was called) said : I have never 
 ■ taken occasion' to explain a vote ; but have always, until now, taken for 
 granted that my vote would be understood. My reason for voting as I 
 shall, is, merely, in the fact that the gentlemen desiring the admission of 
 the gentleman from Izard, called for the reading of the records, stating, 
 at the time, that they did so in order to base their vote upon the reading 
 of the record. I propose, now, to base my vote upon the record ; and 
 unless there is something upon the official records of the Convention to 
 show that this gentleman is entitled to his seat, we cannot possibly, until 
 the record shall be changed, vote to admit him. I do not desire any in- 
 justice to the gentleman ; for I presume he will be entitled to his pay, from 
 the time he arrives here, at all events. I shall vote ISTo. 
 
 Mr. MURPHY (when his name was called) said : I beg to be excused 
 from voting. 
 
 Mr. CYPERT [in his seat.'] Let him be excused. 
 
 Objection being made, 
 
 Mr. MURPHY voted No. 
 
 Mr. McCLURE (when his name was called) said : The records were 
 read before this vote was taken. It appears that there is no record of the 
 Report of the Comnnittee, or any accompanying resolution. I submit that 
 gentlemen are proceeding rather too hastily. There is no record of the 
 J presentation of this gentleman's credentials, or of any application, on his 
 .part,for'.adraission. The motion is, simply, that the gentleman be sworn 
 ■in. In that state of affairs, we have but one thing to which to appeal; 
 •and that is not the recollection of individuals, whole recollection, perhaps, 
 may happen to be in accordance with their partisan views. The record, so 
 far as it has been read, does not sustain the statement that the Convention 
 has passed any resolution declaring this gentleman entitled to a seat. If 
 the credentials had been presented-' ^"^ ^^^^'^ been then asked that the 
 gentleman be sworn in,' we would have been in a different position. But 
 as the matter stands, I desire to enter upon the record my protest that no 
 credentials have been presented. 
 
 ( 5V9 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Izard County Election.— MOOKE— SAMS— SAMUELS— SAEBBE— SMITH. 
 
 Mr. CYPERT. I wish to ask the gentleman [Mr, McClurb] one ques- 
 tion. It is true, he is explaining 
 
 The PRESIDElSrT, The gentleman from White [Mr. Cypekt] is out of 
 order. Let the call of the roll proceed. 
 
 Mr. MOOEE (when his name was called) said : I offered the motion 
 that Mr. Adams be admitted to his seat, and be qualified. I knew, when 
 I made the motion, what the action of this Convention had been. I knew 
 that the Committee had reported a resolution, recommending the admis- 
 sion of Mr. Adams to his seat. I did not then know that any statement 
 of that fact was upon the minutes. I now know that it is upon the records, 
 of this Convention. I am not voting on the strength of memory. My 
 memory was good, however; and after a reference to the record it is no 
 better than when I made the motion. I know the Convention allowed 
 the gentleman his seat ; and I am not responsible for the want of memory 
 of gentlemen on the other side of the house, who do not desire to remem- 
 ber facts that are not in accordance with their wishes. I shall therefore 
 vote Aye. 
 
 Mr. SAMS (when his name was called) said : As I cannot appeal to the 
 minutes, I desire to be excused from voting. 
 
 The PRESIDENT. The Chair has already stated that^ under parlia- 
 mentary law, it is improper, after the call for the previous question, even 
 to read a paper; and the decision is final, unless appealed from. 
 
 No objection being made, 
 
 Mr. SAMS was excused from voting. 
 
 Mr. SAMUELS (when his name was called) said : I do not know that 
 I can vote on this question, and give an honest vote, unless I know what 
 I am doing. 
 
 Mr. CYPERT. Let him be excused from voting. 
 
 Mr. JOHNSON [m Ms seat.'] No excuses. 
 
 Mr. SAMUELS voted Aye. 
 
 Mr. SARBER (when his name was called) said : I have no particular 
 desire to explain my vote ; but as I was a member of the Committee, and 
 as I rely principally upon my memory, in opposition to the records, and . 
 am perfectly satisfied, in my own mind, that we did make that report, 
 though I am not satisfied as to whether the Convention adopted it or not, 
 — under these circumstances I think, since the simple admission of the 
 gentleman to his seat cannot prejudice our right, at any time, to refer to 
 any committee, for investigation, the subject of any other disqualification 
 that may be alleged against him, I will vote Aye. 
 
 Mr. SMITH (when his name was called) said : I believe I have not 
 asked to explain my vote in this body, on any occasion. I will not do 
 ( 580 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Izard County Election. — Qualification of Mr. Adams. 
 
 this gentleman [Mr. Adams] any injustice. If he is entitled to his seat, 
 I will vote that it shall be accorded him. But inasmuch as the records, 
 so far as read, do not show him to be so entitled, and from the fact that 
 his credentials are not before the Convention, I vote No. 
 
 Mr, SNYDER (when his name was called) said : I have no disposition 
 to do any one injustice ; but as this matter seems to be involved in uncer- 
 tainty, and as the gentleman will certainly suffer no injustice from our 
 allowing sufficient time for investigation, I vote No. 
 
 The PRESIDENT (when his name was called) said: Gentlemen of the 
 Convention : As an individual, I am now aware of the state of this ques- 
 tion ; but as a member of the Convention I am not supposed to know any- 
 thing more of it than any one who has voted. With that understanding, 
 I vote No : but had I, in my official capacity, known the state of affairs as 
 I do as an individual, I should have voted Aye. Although I can see the 
 record, I have no right to know it as an officer. 
 
 The vote was then announced as above. 
 
 QUALIFICATION OF MR. ADAMS. 
 
 The credentials of Mr. "W. W. Adams, member from Izard County, 
 were then presented ; he appeared in his seat, and the prescribed oath of 
 office was administered to him by the President. 
 
 IZARD COUNTY ELECTION — AGAIN. 
 
 Mr. GANTT. -It has been positively asserted, here, that the Report of 
 the Committee on Elections, in the case of Mr. Adams, was not adopted 
 by the Convention. I now move that the record be read. 
 
 Mr. McCLURE. I object to the motion, as out of order. The minutes 
 of the Convention have been read and approved. The question has been 
 already settled. The reading of the record is foreign, now, to any issue 
 before the Convention. I move that the Convention now take up the 
 regular order of the day. 
 
 Mr. GANTT. I insist upon my motion. 
 
 Mr. MOORE. The question has been passed upon by the Convention. 
 I desire that the record be now read, in order that the actual state of the 
 case, in the matter of the Report of the Committee, may appear. 
 
 The PRESIDENT. The Chair does not understand that, in the discus- 
 sion upon that matter, gentlemen did not do more than to state various 
 opinions. They have not stated the fact positively. 
 
 Mr. OYPERT. I stated the fact positively ; which was denied by the 
 gentleman from Pulaski [Mr. Hodges] ; and I desire that the record be 
 
 now read, to decide between us. 
 
 (581 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Monday, 
 
 Izard County Election — The Constitution. 
 
 The PRESIDENT. It was stated as matter of opinion, merely. 
 
 Mr. CYPERT. I stated the fact to be true, and defied any gentleman 
 to deny it. 
 
 Mr. DUVALL. In my explanation, I asserted the facts to be as I stated, 
 to my certain knowledge. 
 
 Mr. HICKS. If gentlemen on the other side do not wish to be set right 
 upon this question, and contend that they shall remain in ignorance, I 
 have no objection. 
 
 The PRESIDENT. The gentleman will come to order. 
 
 Mr. HODGES, of Pulaski. "We are willing to abide by the .showing of 
 the Journals. If they do show the fact as stated, it is all right. I was 
 of that opinion from the first. 
 
 The PRESIDENT. The whole matter is out of order. Gentlemen 
 must come to order. The Secretary will read the Journal of Saturday's 
 proceedings. 
 
 The Journal of Saturday was read and approved. 
 
 Mr. HINDS moved that the Convention take a recess until 7 o'clock, p.m. 
 
 The question was taken ; and the motion was agreed to ; 
 And thereupon the Convention took a recess till 7, p.m. 
 
 EVENING SESSION. 
 
 At 7, P.M., the Convention was called to order. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Adams, Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, 
 Corbell, Oypert, Dale, Duvall, Exon, Evans, Gantt, Gray of Jefferson, G-rey of 
 •Fhillips, Harrison, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hodges of Pu- 
 laski, Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, 
 Matthews, Misner, Millsaps, Montgomery, Murphy, MeCown, McClure, Moore, 
 Norman, Oliver, Poole, Portis, Priddy, Puntney, Eawlings, Eector, Eeynolds, 
 Eounsaville, Sams, Sarber, Scott, Shoppaeh, Sims, Smith, Snyder, Yan Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 A quorum of the members of the Convention having answered to their 
 names : 
 
 THE CONSTITUTION. 
 
 Mr. BROOKS said : The Committee on the Constitution, its Arrange- 
 ( 582 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 ment and Phraseology, is, I believe, ready to report; and I move you, 
 therefore, that the rales be suspended, for the purpose of hearing and 
 acting upon the Report of said Committee. 
 
 The question was taken; and the motion was agreed to. 
 
 Mr. HODGrES, of Pulaski, on behalf of the Committee, submitted the 
 following 
 
 EEPOET 0¥ COMMITTEE ON THE CONSTITUTION, ITS ARRANGEMENT 
 
 AND PHRASEOLOGY. 
 
 OONSTITUTIOIf or THE STATE OE AEKAUSAS. 
 
 PREAMBLE. 
 
 We, the people of the State of Arkansas, grateful to God for our civil and 
 rehgiouB liberties, and desiring to perpetuate its blessings and secure the same 
 to ourselves and our posterity, do ordain and establish this Constitution. 
 
 ARTICLE I. 
 
 BILL OF RIGHTS. 
 
 Section One. All political power is inherent in the people. G-overnment is 
 instituted for the protection, security, and benefit of the people; and they 
 have the right to alter or reform the same whenever the public good may 
 require it. But the paramount allegiance of every citizen is due to the Federal 
 Government, in the exercise of all its Constitutional powers, as the same may 
 have been or may be defined by the Supreme Court of the United States; and 
 no power exists in the people of this or any other State of the Federal Union, 
 to dissolve their connection therewith, or perform any act tending to impair, 
 subvert, or resist the supreme authority of the United States. 
 
 The Constitution of the United States confers full powers on the Federal 
 Government, to maintain and perpetuate its existence; and whensoever any 
 portion of the States, or the people thereof, attempt to secede from the Federal 
 Union, or forcibly resist the execution of its laws, the Federal Government 
 may, by warrant of the Constitution, employ armed force in cojnpelling obedi- 
 ence to its authority. 
 
 Section Two. The liberty of the press shall forever remain inviolate. The 
 free communication of thoughts and opinions is one of the invaluable rights of 
 man ; and all persons may freely speak, write, and publish, their sentiments on 
 all subjects, being responsible for the abuse of such right. 
 
 In all criminal prosecutions for libel, the truth may be given in evidence to 
 the jury ; and if it shall appear to the jury that the'matter charged as libellous 
 is true, and was published with good motives and for justifiable ends, the party 
 shall be acquitted. 
 
 ( 583 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Monday, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Section Three. The equality of all persons before the law is recognized and 
 shall ever remain inviolate j nor shiall any person ever be deprived of any right, 
 privilege, or immunity, nor exempted from any burden or duty, on account of 
 race, color, or previous condition. 
 
 Section Four. The citizens have a right, in a peaceable manner, to assemble 
 together for their common good, to instruct their representatives, and to peti- 
 tion for the redress of grievances, and other proper purposes. 
 
 Section Five. The citizens of this State shall have the right to keep and 
 bear arms, for their common defence. 
 
 Section Six. The right of trial by jury shall remain inviolate, and shall 
 extend to all cases at law, without regard to the amount in controversy ; but 
 a jury trial may be waived by the parties, in all cases, in the manner prescribed 
 by law. 
 
 Sectioji Seven. Excessive bail shall not be required, nor shall excessive 
 fines be imposed, nor shall cruel or unusual punishments be inflicted, nor wit- 
 nesses be unreasonably detained. 
 
 Section Eight. In all criminal prosecutions, the accused shall enjoy the 
 right to a speedy and public trial, by an impartial jury of the county, or judi- 
 cial district, wherein the crime shall have been committed, — which county, or 
 district, shall have been previously ascertained bylaw, — and to be informed of 
 the nature and cause of the accusation against him, to have compulsory pro- 
 cess for obtaining witnesses in his favor, and to have the assistance of counsel 
 in his defence. 
 
 Section Nine. No person shall be held to answer a criminal offence unless 
 on the presentment or indictment of a grand jury, except in cases of impeach- 
 ment, or in cases of petit larceny, assault, assault and battery, affray, vagrancy, 
 and such other minor cases as the General Assembly shall make cognizable 
 by Justices of the Peace, or arising in the army or navy of the United States, or 
 in the militia when in actual service, in time of war or public danger; and no 
 person, after having been once acquitted by a jury, for the same offence, shall 
 be again put in jeopardy of life or liberty : but if, in any criminal prosecution, 
 the jury shall be divided in opinion, 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 satae or the next term of said court : nor shall any person be 
 compelled, in any criminal case, to be witness against himself, nor be deprived 
 of life, liberty, or property, without due process of law. All persons shall, 
 before conviction, be bailable by sufficient sureties, except for capital offences 
 — murder and treason, — when the proof is evident or the presumption great ; 
 and the privilege of the writ of habeas corpus shall not be suspended, unless 
 when, in cases of rebellion or invasion, the public safety may require. 
 
 Section Ten. Every person is entitled to a certain remedy, in the laws, 
 for all injuries or wrongs which he may receive in his person, property, or char- 
 acter : he ought to obtain justice freely and without purchase, completely and 
 without denial, promptly and without delay ; conformably to the laws. 
 
 Section Eleven. Treason against the State shall only consist in levying 
 war against the same, or in adhering to its enemies, giving them aid and com- 
 ( 584 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 fort. No person shall be convicted of treason, unless on the testimony of two 
 witnesses to the same overt act, or on confession in open court. 
 
 Section Twelve. The right of the people to be secure in their persons, 
 houses, papers, and effects, against unreasonable searches and seizures, shall 
 not be violated ; and no warrant shall issue but upon probable cause, supported 
 by oath or affirmation, and particularly describing the place to be searched 
 and the persons or things to be seized. 
 
 Section Thirteen. No bill of attainder, or ex post facto law, nor any law 
 impairing the obligation of contracts, shall ever be passed ; and no conviction 
 shall work corruption of blood or forfeiture of estate. 
 
 Section Fourteen. No person shall be imprisoned for debt in this State ; 
 but this shall not prevent the General Assembly from providing for imprison- 
 ment or holding to bail persons charged with fraud in contracting said debt. 
 A reasonable amount of property shall be exempt from seizure, or sale, for 
 the payments of debts or liabilities. 
 
 Section Fifteen. Private property shall not be taken for public use with- 
 out just compensation therefor. 
 
 Section Sixteen. The military shall be subordinate to the civil power. No 
 standing army shall be kept up in this State in time of peace; and no soldier 
 shall, in time of peace, be quartered in any house without the consent of the 
 owner, nor in time of war but in a manner prescribed by law. 
 
 Section Seventeen. Suits may be brought by or against the State, in such 
 manner and in such court as may be by law provided. 
 
 Section Eighteen. The G-eneral Assembly shall not grant to any citizen or 
 class of citizens, privileges or immunities which upon the same terms shall not 
 equally belong to all citizens. 
 
 Section Nineteen. The right of suffrage shall be protected by laws regu- 
 lating elections, and prohibiting, under adequate penalties, all undue influence 
 from bribery, tumult, or other improper conduct. 
 
 Section Twenty. Foreigners who are or may become bona fide residents of 
 this State, shall be secured the same rights, in respect to the acquisition, pos- 
 session, enjoyment, and descent, of property, as are secured by native-born 
 citizens. 
 
 Section Twenty-one. No religious test or amount of property shall ever be 
 required as a qualification for any office of public trust under the State. No 
 religious test or amount of property shall ever be required as a qualification of 
 any voter at any election in this State. Nor shall any person be rendered 
 incompetent to give evidence in any court of law or equity in consequence of 
 his opinion upon the subject of religion. And the moSe of administering an 
 oath or affirmation shall be such as shall be most consistent with and binding 
 upon the conscience of the person to whom such oath or affirmation may bo 
 administered. 
 
 Section Twenty-two. Any person who shall, after the adoption of this Con- 
 stitution, fight a duel, or send or accept a challenge for that purpose, or be 
 aider or abettor in fighting & duel, either within this State or elsewhere, shall 
 thereby be deprived of the right of holding any office of honor or profit in this 
 
 ( 585 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 Keport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 State, and shall be forever disqualified from voting at any election, and shall 
 be punished otherwise in such manner as may be prescribed by law. 
 
 Section Twenty-three. Eeligion, morality, and knowledge, being essen- 
 tial to good government, the General Assembly shall pass suitable laws to pro- 
 tect every religious denomination in the peaceable enjoyment of its own mode 
 of public worship, and to encourage schools, and the means of instruction. 
 
 Section Twenty-four. All lands in this State are declared to be allodial; 
 and feudal tenures of every description, with all their incidents, are prohibited. 
 Leases and grants of land for a longer period than twenty-one years, hereafter 
 made, in which shall be reserved any rent or service of any kind, shall be held 
 a conveyance in fee to the lessee. 
 
 Section Twenty-five. The action of the Convention of the State of Ar- 
 kansas, which assembled in the City of Little Eock on the fourth day of March, 
 A.D. one thousand eight hundred and sixty-one (1861), was, and is, null and 
 void. All the action of the State of Arkansas under the authority of said Con- 
 vention, of its Ordinances or its Constitution, whether legislative, executive, 
 judicial, or military, was, and is hereby, declared null and void. And no debt 
 or liability of the State of Arkansas, incurred by the action of said Conven- 
 tion, or of the General Assembly, or any department of the Government, under 
 the authority of either, shall ever be recognized as obligatory. 
 
 Provided: That this Ordinance shall not be so construed as to affect the 
 rights of private individuals, arising under contracts between the parties, or to 
 change county boundaries or county-seats, or to make invalid the acts of jus- 
 tices of the peace, or other officers in their authority, to administer oaths, or 
 take and certify the acknowledgment of deeds of conveyance, or other instru- 
 ments of writing, or in the solemnization of marriage. 
 
 ARTICLE II. 
 
 BOUNDARIES. 
 
 We do declare and establish, ratify and confirm, the following, as the perma- 
 nent boundaries of said State of Arkansas : that is to say, beginning at the 
 middle of the main channel of the Mississippi Eiver, on the parallel of thirty- 
 six degrees north latitude; running from thence west with the said parallel to 
 the St. Francis Eiver; thence up the middle of the main channel of said river, 
 to the parallel of thirty-six degrees, thirty minutes, north ; from thence west 
 with the boundary line of the State of Missouri, to the south-west corner of the 
 State; and thence to be bounded on the west to the north bank of Eed Eiver, 
 as by acts of Congress and treaties heretofore defining the western limits of 
 the Territory of Arkansas ; and to be bounded on the south side of Eed Eiver 
 by the boundary line of the State of Texas, to the north-west corner of the 
 State of Louisiana ; thence east with the Louisiana State line, to the middle of 
 the main channel of the Mississippi Eiver ; thence up the main channel of said 
 river, including an island in said Eiver known as '' Belle Point Island," to the 
 thirty-sixth degree of north latitude, the place of beginning. 
 ( 686 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Keport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 ARTICLE III. 
 The seat of government shall be at Little Eock, where it is now established. 
 
 ARTICLE IV. 
 
 Section One. The powers of government are divided into three depart- 
 ments, — the Legislative, the Executive, and the Judicial. 
 
 Section Two. No person belonging to one department shall exercise the 
 powers properly belonging to another, excepting in the cases expressly pro- 
 vided in this Constitution. 
 
 ARTICLE V. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section One. The legislative power in this State shall be vested in a Gen- 
 eral Assembly, which shall consist of a Senate and House of Representatives. 
 
 Section Two. The General Assembly shall meet every two years, on the 
 first Monday of January, at the seat of Government, until altered by law; but 
 the first General Assembly elected after the adoption of this Constitution shall 
 meet on the second day of April, A.D. one thousand eight hundred and sixty- 
 eight (1868). 
 
 Section Three. The House of Eepresentatives shall consist of members 
 chosen every second year by the qualified electors of the several districts. 
 
 Section Four. No person shall be a member of the House of Representatives 
 who shall not have attained the age of twenty-one years, and have been one 
 year a resident of this State; who shall not be a male citizen of the United 
 States ; who shall not, at the time of his election, have an actual residence in 
 the district he may be chosen to represent, and who shall not be a qualified 
 elector as provided in this Constitution. 
 
 Section Five. The Senate shall consist of members chosen every fourth 
 year by the qualified electors of the several districts. 
 
 Section Six. No person shall be a member of the Senate, who shall not have 
 attained the age of twenty-five years, and have been one year a resident of this 
 State; who shall not be a male citizen of the United States ; who shall not, at 
 the time of his election, have an actual residence in the district he may be 
 chosen to represent; and who shall not be a qualified elector as provided in this 
 Constitution. 
 
 Section Seven. The number of members comprising the Senate shall be 
 twenty-six ; and of the House of Eepresentatives eighty-two. 
 
 Section Eight. The General Assembly shall provide by law for an enumer- 
 ation of the inhabitants of this State in the year one thousand eight hundred 
 and seventy-five, and every tenth year thereafter; and the first General As- 
 sembly elected after each enumeration made by the authority of the United 
 States may re-arrange the Senatorial and Eepresentative districts, according to 
 
 ( 587 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 the number of the inhabitants, as ascertained by such enumeration : Provided, 
 That there shall be no apportionment other than that made in this Constitu- 
 tion, until after the enumeration to be made in the year one thousand eight 
 hundred and seventy-five. 
 
 Section Nine. Senators shall be chosen at the same time and in the same 
 manner that members of the House of Eepresentatives are required to be. 
 Senatorial districts shall be composed of convenient contiguous territory, and 
 no Representative district shall be divided in the formation of a Senatorial one. 
 The Senatorial districts shall be numbered in regular series, and the term of 
 Senators chosen for the districts designated by odd numbers, shall expire in 
 two years; and the term of Senators chosen for the districts designated by 
 even numbers, shall expire in four years; but thereafter Senators shall be 
 chosen for the term of four years, excepting when an enumeration of the in- 
 habitants of the State is made, in which case, if a rearrangement of the Sena- 
 torial districts is made, the regulation above stated shall govern the term of 
 office. 
 
 Section Ten. Removals of Senators and Eepresentatives from their respect- 
 ive districts, shall be deemed a vacation of their office. 
 
 Section Eleven. No person holding any office under the United States, or 
 this State, or any county office, excepting Postmasters, Notaries Public, Of-' 
 ficers of the Militia, and Township Officers, shall be eligible to, or have a seat 
 in, either branch of the General Assembly; and all votes given for any such 
 person shall be void. 
 
 Section Twelve. Senators and Eepresentatives shall in all cases (treason, 
 felony, or a breach of the peace, excepted) be privileged from arrest during the 
 session of the General Assembly. They shall not be subject to any civil pro- 
 cess during the session of the General Assembly, or for fifteen days next before 
 the commencement and next after the termination of each session. And they 
 shall not be questioned, in any other place, for remarks made in either House. 
 
 Section Thirteen. A majority of the members of each House shall consti- 
 tute a quorum to transact business ; but a smaller number may adjourn from 
 day to day, and compel the attendance of absent members 'in such manner and 
 under such penalties as each House may prescribe. 
 
 SEOTio*f Fourteen. Each House shall choose its own officers, determine the 
 rules of its proceedings, judge of the qualifications, election, and return of its 
 members, and may, 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, or for any cause known to his constituents at the time of his 
 election. The reasons for any such expulsion shall be entered upon the Journal, 
 with the names of the members voting thereon. 
 
 Section Fifteen. The General Assembly shall prescribe by law.the manner 
 in which the State printing shall be executed, and the account rendered there- 
 for, and shall prohibit all charges for constructive labor. They shall not 
 rescind or alter any contract for such printing, or release the person or per- 
 sons taking the same, or his or their securities, from the performance of any of 
 the provisions of such contract. 
 ( 588 ) 
 
Feb. lOth.J AEKANSAS CONSTITUTIONAL CONVENTION.- [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Section Sixteen. Each House shall keep a Journal of its proceedings, and 
 publish the same, excepting such parts as may require secrecy. The yeas and 
 nays of the members of either House, upon any question, shall be entered on the 
 Journal, at the request of five members. Any member of either House may 
 dissent and protest against any act, proceeding, or resolution, which he may 
 deem injurious to any person or the public, and have the reason of his dissent 
 entered on the Journal. 
 
 Section Seventeen. In all elections by either House, or in joint convention, 
 the votes shall be given viva voce. All votes on nominations to the Senate 
 shall be taken by yeas and nays, and published in the Journal of its proceedings. 
 
 Section Eighteen. The doors of each House shall be open, unless the public 
 welfare requires secresy. Neither House shall, without the consent of the 
 other, adjourn for more than -three days, nor to any other place than where 
 the General Assembly may then be in session. 
 
 Section Nineteen. Bills may originate in either House of the General 
 Assembly : but all bills for raising revenue shall originate in the House of 
 Eepresentatives ; though the Senate may propose amendments as on other 
 
 bills. 
 
 Section Twenty. No portion of the public funds or property shall ever be 
 appropriated by virtue of any resolution. No appropriation shall be made 
 except by a bill duly passed for that purpose. 
 
 Section Twenty-one. Every bill and joint resolution shall be read three 
 times, on different days, in each House, before the final passage thereof, unless 
 two-thirds of the House where the same is pending shall dispense with the 
 rules. No bill or joint resolution shall become a law without the concurrence 
 of a majority of all the members voting. On the final passage of all bills, the 
 vote shall be taken by yeas and nays, and entered on the Journal. 
 
 Section Twenty-two. No act shall embrace more than one subject, which 
 shall be embraced in its title. No public act shall take effect or be in force 
 until ninety days from the expiration of the session at which the same is 
 passed, unless it is otherwise provided in the act. 
 
 Section Twenty-three. No law shall be revised, altered, or amended, by 
 reference to its title only: but the act revised, and the section or sections of 
 the act as altered or amended, shall be enacted and published at length. 
 
 Section Twenty-four. No new bill shall be introduced into either House 
 during the last three days of the session, without the unanimous consent of 
 the House in which it originated. _ 
 
 Section Twenty-five. The General Assembly, at its first session, shall pro- 
 vide suitable laws for the registration of qualified electors, and for the preven- 
 tion of frauds in elections. ., „ ., J 
 
 Section Twenty-six. The General Assembly shall provide for the speedy 
 publication of all statute laws of a public nature, and of such judicial decisions 
 as it may deem expedient. All laws and decisions shall be free for publication 
 
 ^^SECTiorTwENTY-SEVEN. The Style of the laws of the State shall be, " Be it 
 enacted by the General Assembly of the State of Arkansas." 
 
 ( 589 ) 
 
Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Section Twenty-eight. The General Assembly may enact laws providing 
 for county, township, or precinct governments. 
 
 Section Twenty-nine. It shall be the duty of the General Assembly, from 
 time to time, as circumstances may require, to form and adopt a penal code, 
 formed on principles of reformation. 
 
 Section Thirty. The General Assembly shall not change the venue in any 
 criminal or penal prosecution ; but shall provide for the same by general laws. 
 
 Section Thirty-one. The General Assembly may pass laws authorizing ap- 
 peals in criminal or penal cases, and regulating the right of challenge of jurors 
 therein. 
 " Section Thirty-two. The General Assembly shall direct, by law, when and 
 how juries shall be selected from judicial districts, in criminal and civil cases. 
 
 Section Thirty-three. The General Assembly shall regulate, by law, by 
 whom, and in what manner, writs of elections shall be issued to fill the vacan- 
 cies which may happen in either branch thereof. 
 
 Section Thirty-eour. The General Assembly may declare the eases in which 
 any office shall be deemed vacant, and also for the manner of filling the va- 
 cancy, where no provision is made for that purpose in this Constitution. 
 
 Section Thirty-five. Every bill and concurrent resolution, except of ad- 
 journment, passed by the General Assembly, shall be presented to the Governor 
 for approval before it becomes a law. If he approve, he shall sign it; if not, 
 he shall return it, with his objections, to the House in which it originated; which 
 shall enter the objections at large upon its Journal, and reconsider it. On such 
 reconsideration, if a majority of the members elected agree to pass the bill; it 
 shall be sent, with the objections, to the other House, by which it shall be recon- 
 sidered. If approved by a majority of the members elected to that House, it 
 shall become a law. In such cases the vote of both Houses shall be determined 
 by yeas and nays; and the names of the members voting for and against the 
 bill shall be entered on the Journal of each House respectively. If any bill 
 be not returned by the Governor within three days (Sundays excepted) after 
 it has been presented to him, the same shall become a law in like manner as if 
 he had signed it, unless the General Assembly, by their adjournment, prevent 
 its return, in which case it shall not become a law. The Governor may ap- 
 prove, sign, and file a bill in the office of the Secretary of State, within three 
 days after the adjournment of the General Assembly, any Act passed during 
 the last three days of the session, and the same shall become a law. 
 
 Section Thirty-six. Bach House may punish, by imprisonment^ during its 
 session, any person, not a nlember, who shall be guilty of any disorderly or 
 .contemptuous behavior in their presence; but no imprisonment shall at any 
 time exceed twenty-four hours. ■ ' ^ 
 
 Section Thirty-seven. No citizen of this State shall be disfranchised, or 
 deprived of any of the rights or privileges secured to any citizen thereof, unless 
 ,the same is done by the law of the land, or the judgment of his peers, except 
 as hereinafter provided. There shall be neither slavery nor involuntary servi- 
 tude, .either by indentures, apprenticeships, or otherwise, in the State, except 
 
 .( 590 ) 
 
Feb. lOtt.] AEKANSAS COIsrSTITUTIONAL CONVENTIOlSr. [27th Day 
 Keport of Committee- on the Constitution, its Arrangement and Phraseology. 
 
 for the punishment of crime, whereof the party shall have been duly con- 
 victed. 
 
 Section Thirty-eight. The General Assembly shall have no power to make 
 compensation for emancipated slaves. 
 
 Section Thirty-nine. The General Assembly shall have no power to grant 
 divorces, to change the names of individuals, or to direct the sale of estates 
 belonging to infants or other persons laboring under legal disabilities, by 
 special legislation; but, by general laws, shall confer such powers on the 
 courts of justice. 
 
 Section Forty. The General Assembly shall not authorize, by private or 
 special law, the sale or conveyance of any real estate belonging to any person, 
 or vacate or alter any road land but by legal authority, or any street in any 
 city or village, or in any recorded town plot ; but shall provide for the same 
 by general laws. 
 
 Section Forty-one. The General Assembly shall not authorize any lottery, 
 and shall prohibit the sale of lottery tickets. 
 
 Section Forty-two. In case of a contested election, only the claimant de- 
 cided eiititled to the seat, in either House in which the contest may take place, 
 shall receive, from the State, per di§m compensation, and mileage. 
 
 Section Forty-three. No collector, holder, or disburser, of public moneys, 
 shall have a seat in the General Assembly, or be eligible to any office of trust 
 or profit under this State, until he shall have accounted for, and paid over, as 
 provided by law, all sums for which he is liable. 
 
 Section Forty-four. The General Assembly shall have power to alter and 
 regulate the jurisdiction and proceedings in law and equity, subject to the pro- 
 visions of this Constitution. 
 
 Section Forty-five. The General Assembly shall direct, by law, in what 
 manner, and in what courts, suits may be brought by and against the State. 
 
 Section Forty-six. It shall be the duty of the General Assembly to make 
 adequate provision for the maintenance of paupers throughout the State. 
 
 Section Forty-seven. The General -Assembly shall not have power to au- 
 thorize any municipal corporation to pass any laws contrary to the general laws 
 of the State, or to levy any tax, on real or personal property, to a greater ex- 
 tent than two per centum of the assessed value of the same. 
 
 Section Forty-eight. The General Assembly shall pass no special act con- 
 ferring corporate powers. Corporations may be formed under general laws ; 
 but all such laws may, from time to time, be altered or repealed. Dues from 
 corporations shall be secured by such individual liability of the stockholders, 
 and other means, as may be prescribed by law ; but in all cases each stock- 
 holder shall be liable, over and above the stock by him or her owned, and any 
 amount unpaid thereon, to a further sum at least equal in amount to such stock. 
 The property of corporations, now existing or hereafter created, shall forever 
 be subject to taxation, the same as the property of individuals, m right of 
 way shall be appropriated to the use of any corporation until full compensa- 
 tion therefor shall be first made in money, or first secured by a deposit of 
 money to the owner, irrespective of any benefit from any improvement pro- 
 
 (591) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 posed by such corporation; which compensation shall be ascertained by a jury 
 of twelve men, in a court of record, as shall be prescribed by law. 
 
 Section Forty-nine. The General Assembly shall provide for the organiza- 
 tion of cities and incorporated villages, by general laws, and restrict their power 
 of taxation, assessment, borrowing money, contracting debts, and loaning their 
 credit, so as to prevent the abuse of such power. 
 
 Section Fifty. All corporations with banking and discounting privileges 
 shall, preparatory to issuing bills as currency, deposit the bonds of this State, 
 equal in amount to the capital stock of such corporation, with the Auditor of 
 State, who shall not permit an issue of circulation exceeding eighty ^er centum 
 of the amount of bonds so deposited, such circulation being receivable for all 
 taxes and dues to the State ; and the individual liability of stockholders shall 
 be as hereinbefore directed : Provided, That corporations chartered or existing 
 under any act of the Congress of the United States, shall be exempted from 
 these provisions. 
 
 Section Fifty-one. The General Assembly, on the day of final adjournment, 
 shall adjourn at 12 o'clock, at noon. 
 
 AETICLE VI. 
 
 o EXECUTIVE DEPARTMENT. 
 
 Section One. The Executive Department of this State shall consist of a 
 Governor, Lieutenant-Governor, Secretary of State, Auditor, Treasurer, At- 
 torney-General, and Superintendent of Public Instruction; all of whom shall 
 hold their several offices for the term of four years, and until their successors 
 are elected and qualified. They shall be chosen by the qualified electors of 
 this State, at the time and places of choosing the members of the General As- 
 sembly. 
 
 Section Two. The Supreme executive power of this State shall be vested 
 in the Governor. 
 
 Section Three. No person shall be eligible to the office of Governor or 
 Lieutenant-Governor, who shall not h^ave attained the age of twenty-five years, 
 who shall not have been five years a citizen of the United States, who shall 
 not, at the time of his election, have had an actual residence in this State for 
 one year next preceding his election, and who shall not be a qualified elector 
 as prescribed in this Constitution. 
 
 Section Four. In elections for Governor and Lieutenant-Governor, the per- 
 son having the highest number of votes shall be declared elected. But in case 
 that two or more persons shall have an equal, and the highest, number of votes 
 for Governor or Lieutenant-Governor, the General Assembly shall, by joint 
 vote, choose one of such persons. The Governor shall be Commander-in-Chief 
 of the military and naval forces of the State, and may call out such forces to 
 execute the laws, suppress insurrections, repel invasions, or preserve the public 
 peace. He shall transact all necessary business with other officers of the State 
 Government, and may require information, in writing, of the officers of the 
 ( 592 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Executive Department, upon any subject pertaining to the duties of their re- 
 spective offices. 
 
 Section Five. It shall be the duty of the Governor to see that the laws are 
 faithfully executed. 
 
 Section Six. He may convene the Legislature on extraordinary occasions. 
 
 Section Seven. He shall give to the General Assembly, and, at the close of 
 his official term, to the next General Assembly, information, by message, con- 
 cerning the condition of the State, and recommend such measures to their con- 
 sideration as he may deem expedient. 
 
 Section Eight. He may convene the General Assembly at some other place 
 when the seat of government becomes dangerous from the prevalence of dis- 
 ease, or the presence of a common enemy. 
 
 Section Nine. He may grant reprieves, pardons, and commutations, after 
 conviction, for all offences, except treason and cases of impeachment, upon such 
 conditions and with such restrictions and limitations as he may think proper ; 
 subject, however, to such regulations as may be prescribed by law relative to 
 the manner of applying for pardons. Upon conviction for treason he may 
 suspend execution of the sentence until the matter shall be reported to the 
 General Assembly at its next session, when the General Assembly shall either 
 pardon, commute the sentence, direct the execution of the same, or grant a 
 further reprieve. The Governor shall communicate to the General Assembly, 
 at each session, information concerning each case of pardon, reprieve, or com- 
 mutation, granted, and the reasons therefor. 
 
 Section Ten. In case of the impeachment of the Governor, his removal 
 from office, death, resignation, inability, or removal from the State, the powers 
 and duties of the Governor shall devolve upon the Lieutenant-Governor during 
 the residue of the term, or until the disabilities of the Governor are removed. 
 
 Section Eleven. During a vacancy in the office of Governor, if the Lieu- 
 tenant-Governor resign, be impeached, displaced, absent from the State, or in- 
 capable of acting, the President ;pro tempore of the Senate shall act as Gov- 
 ernor until the vacancy be filled, or the disability cease. 
 
 Section Twelve. The Lieutenant-Governor shall, by virtue of his office, be 
 President of the Senate; and when there is an equal division he shall give the 
 casting vote. 
 
 Section Thirteen. No member of Congress, or any person holding any 
 office under the United States or this State, shall execute the office of Gov- 
 ernor. 
 
 Section Fourteen. The Lieutenant-Governor, and the President of the Sen- 
 ate pro tempore, while performing the office of Governor shall receive the same 
 compensation as the Governor. 
 
 Section Fifteen. All official acts of the Governor— his approval of the 
 laws excepted— shall be authenticated by the Great Seal of the State, which 
 seal shall be kept by the Secretary of State. 
 
 "Section Sixteen. The Governor shall, by and with the advice and consent 
 of the Senate, appoint a convenient number of Notaries Public, not to exceed 
 
 38 . ( 593 ) 
 
istjs.j jJJitiATJiJS AJND i'KUUJii^JUlJNtJS U-b' TJtiJi [monaay, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 six for each county, who shall discharge such duties as are now, or as may 
 hereafter be, prescribed by law. 
 
 Section Seventeen. All commissions issued to persons holding office under 
 the provisions of this Constitution, shall be in the name and by the authority 
 of the people of the State of Arkansas, sealed with the great seal of the State, 
 signed by the Governor, and countersigned by the Secretary of State. 
 
 Section Eighteen. The Governor, Chief Justice, Secretary of State, Treasur- 
 er, Auditor, Attorney-General, and Superintendent of Public Instruction, shall 
 severally reside, and keep all public records, books, papers, and documents, 
 which may pertain to their respective ofSces, at the seat of government. 
 
 Section Nineteen. The returns of every election for Governor, Lieutenant- 
 Governor, Secretary of State, Treasurer, Auditor, Attorney-General, and Super- 
 intendent of Public Instruction, shall be sealed up and transmitted to the seat 
 of Government, by the returning officers, and directed to the presiding oflcer 
 of the Senate, who, during the first week of the session, shall open and publish 
 the same in presence of the members there assembled. The person having the 
 highest number of votes shall be declared elected; but if two or more shall 
 have the highest and equal number of votes for the same office, one of them 
 shall be chosen by a joint vote of both Houses. Contested elections shall 
 likewise be determined by both Houses of the General Assembly, in such man- 
 ner as is or may hereafter be prescribed by law. 
 
 Section Twenty. The Secretary of State shall keep a fair record of all official 
 acts and proceedings of the Governor, and shall, when required, lay the same, 
 and all papers, minutes, and vouchers, relating thereto, before the General As- 
 sembly, and shall perform such other duties as are now or may hereafter be 
 prescribed by law. 
 
 Section Twenty-one. The Auditor, Treasurer, Attorney-General, and Sup- 
 erintendent of Public Instruction, shall perform such duties as are now or may 
 hereafter be prescribed by law. 
 
 Section Twenty-two. In the case of the death. Impeachment, removal from 
 the State, or other disability, of the Secretary of State, Treasurer, Auditor, 
 Attorney-General, and Superintendent of Public Instruction, the vacancies in 
 their several offices, thus occasioned, shall be filled by appointment by the 
 Governor, which appointment shall be made for the unexpired terms of said 
 officers, or until said disabilities are removed, or until elections are held to fill 
 said vacancies. 
 
 Section Twenty-three. Until the General Assembly shall otherwise pro- 
 vide, the Governor shall appoint a suitable person, who shall be styled Com- 
 missioner of Public Works and Internal Improvements, to superintend all pub- 
 lic works which may be carried on by the State, and have a supervising control 
 over all internal improvements in which the State is interested; and, until other- 
 wise provided by the General Assembly, he shall be ex officio Commissioner of 
 Immigration and of State Lands, and shall perform such other duties as may 
 be prescribed by law. He shall receive for his services the same salary as pro- 
 vided by law for the Auditor of State. 
 
 Section Twenty-pour. The officers of the Executive Department, mentioned 
 ( 594 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 Report of Committee on the Constitution, Its Arrangement and Phraseology. 
 
 in this article, shall, at stated times, receive for their services a compensation 
 to be established by law, which shall not be diminished during the period for 
 which they shall have been elected or appointed. 
 
 Section Twenty-five. The officers of the Executive Department and Judges 
 of the Supreme Court shall not be eligible, during the period for which they 
 shall have been elected or appointed to their respective offices, to any position 
 in the gift of the qualified electors, or of the General Assembly, of this State. 
 
 Section Twenty-six. The returns of every election for State, County, and 
 Judicial Officers, not herein provided for, shall be sealed up and transmitted to 
 the seat of Government, by the returning officers, and directed to the Secretary 
 of State, who shall open and publish the same ; and the persons so elected shall 
 be duly commissioned by the Governor. 
 
 AETICLB VII. 
 judiciary. 
 
 Section One. The judicial power of the State shall be vested in the Senate 
 sitting as a Court of Impeachment, a Supreme Court, Circuit Courts, and such 
 other Courts inferior to the Supreme Court as the General Assembly may from 
 time to time establish. 
 
 Section Two. The House of Eepresentatives shall have the sole power of 
 impeachment. All impeachments shall be tried by the Senate. When sitting 
 for that purpose, the Senators shall be upon oath or affirmation ; and no person 
 shall be convicted without the concurrence of two-thirds of the members 
 thereof The Chief Justice shall preside, and the Secretary of S^ate shall act 
 as clerk of this Court : Provided, that in case of the trial of either of them, the 
 person appointed temporarily to perform the duties of the office shall act. The 
 Governor, and all other civil officers under this State, shall be liable to im- 
 peachment for any misconduct or mal-administration of their respective offices; 
 but judgment in such cases shall not extend further than to removal from 
 office and disqualification to hold any office of honor, trust, or profit, under this 
 State. The party, whether convicted or acquitted, shall nevertheless be liable 
 to indictment, trial, and judgment, according to law. 
 
 Section Three. Two terms of the Supreme Court shall be held at the seat 
 of government, annually : Provided, that the General Assembly may provide 
 by law for holding said Court at three other places. The Supreme Court shall 
 consist of one Chief Justice, who shall be appointed by the Governor, by and 
 with the advice and consent of the Senate, for the term of eight years, and 
 four Associate Justices, who shall be chosen by the qualified electors of the 
 State at large, for the term of eight years: Provided, that two of the Associate 
 Justices first chosen under this Constitution shall serve for four years after 
 the next general election ; and two of them for eight years after said election, — 
 said times to be determined by lot, — but thereafter the Associate Justices shall 
 be chosen for the full term. 
 
 Section Pour. The Supreme Court shall have general supervision and con- 
 
 ( 595 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Monday, 
 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 trol over all inferior courts of law and equity. It shall have power to issue 
 writs of error, supersedeas, certiorari, habeas corpus, mandamus, quo warranto, and 
 other remedial writs, and to hear and determine the same. Final judgments 
 in the inferior courts may be brought, by writ of error, or by appeal, into the 
 Supreme Court, in such manner as may be prescribed by law. 
 
 Section Five. The inferior courts of the State, as now constituted by law, 
 except as hereinafter provided, shall remain with the same jurisdiction as they 
 now possess : Provided, that the General Assembly may provide for the estab- 
 lishment of such inferior courts, changes of jurisdiction, or abolition of exist- 
 ing inferior courts, as may be deemed requisite. The judges of the inferior 
 courts herein provided for, or of such as may hereafter be established by law, 
 shall be appointed by the Governor, by and with the advice and consent of the 
 Senate, for the term of six years, and until such time as the General Assembly 
 may otherwise direct : Provided, that the General Assembly shall not interfere 
 with the term of office of any judge. 
 
 Section Six. All writs and other processes shall run in the name of the 
 State of Arkansas, and bear teste and be signed by the clerks of the respective 
 courts from which they issue. Indictments shall conclude, — "Against the peace 
 and dignity of the State of Arkansas." 
 
 Section Seven. • No judge shall preside on the trial of any cause in the 
 event of which he may be interested, or where either of the parties shall be 
 connected with him by affinity or consanguinity, within such degree as may 
 be prescribed by law, or in which he may have been counsel, or have presided 
 in any inferior court. 
 
 Section Eight. In case all or any of the Judges of the Supreme Court shall 
 be disqualified from presiding on any cause or causes, the court or judges 
 thereof shall certify the same to the Governor of the State, and he shall 
 immediately commission specially the required number of men, learned in the 
 law, for the trial and determination thereof. 
 
 Section Nine. "Whenever, at ten o'clock, a.m., of the second day of any term 
 of the inferior courts of this State, the judge thereof is not present, or if pres- 
 ent, and he cannot for any cause properly preside at the trial of any case then 
 pending therein, the attorneys of said courts, then present, may elect a special 
 judge, who shall preside during the trial of such ease or cases, or shall hold 
 said court until the appearance of the regular judge thereof. The proceedings 
 in such cases shall be entered at large upon the Journal. 
 
 Section Ten. The judges of the inferior' courts may temporarily exchange 
 circuits, or hold courts for each other, under such regulations as may be pre- 
 scribed by law. 
 
 Section Eleven. Judges shall not charge juries with regard to matters of 
 fact, but shall declare the law. In all trials by jury the judges shall give their 
 instructions and charges in writing; and if the trial is by the court, he shall 
 reduce to writing his findings upon the facts in the case, and shall declare the 
 law in the same manner he is required to do when instructing juries. 
 
 Section Twelve. Any judge whose appointment or election is herein pro- 
 vided for, shall be at least twenty-five years of age, a qualified elector of this 
 ( 596 ) 
 
Feb. lOth.j AEKANSAS COlSrSTITUTIOI^AL COJSTVBlSrTION". [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 State, and shall have been for one year an actual resident of the State, and shall 
 reside in the circuit or district to which he may be appointed or elected. 
 
 Section Thirteen. The Judges of the Supreme and inferior courts shall, at 
 stated times, receive a compensation for their services, as is now or may here- 
 after be provided by law, and which shall not be diminished during the re- 
 spective terms for which they may be elected or appointed. 
 
 Section Fourteen. The inferior courts shall hold annually such terms as the 
 G-eneral Assembly may direct. 
 
 Section Fifteen. All appeals from inferior courts shall be taken in such 
 manner and to such courts as may be provided by law: appeals may be taken 
 from courts of Justices of the Peace, to such courts, and in such manner, as may 
 be prescribed by law. 
 
 Section Sixteen. When a vacancy occurs in the office of Judge of the Su- 
 preme or any of the inferior courts, it shall be filled by appointment of the 
 Governor ; which appointee shall hold his office the residue of the unexpired 
 term, and until his successor is elected and qualified. 
 
 Section Seventeen. The Supreme Court, and such other courts as may be 
 established by law, shall be courts of record, and shall each have a common 
 seal. 
 
 Section Eighteen. The Supreme Court shall appoint a Clerk of such Court, 
 and also a Eeporter of its decisions. The decisions of the Supreme Court shall 
 be in writing, and signed by the Judges concurring therein : any Judge dis- 
 senting therefrom shall give the reasons of such dissent in writing, under his 
 signature : all such decisions shall be filed in the office of the Clerk of the Su- 
 preme Court, and be published in such manner as the General Assembly may 
 direct. The Clerk and Eeporter shall hold their respective offices for the term 
 of six years, subject to removal by the Court, for cause. 
 
 Section Nineteen. A County Clerk shall be elected by the qualified electors 
 in each organized county in this State, for the term of four years, and shall per- 
 form such duties and receive such fees as are now or may hereafter be pre- 
 scribed hy law. 
 
 Section Twenty. In each township in this State there shall be elected, by 
 the qualified electors thereof, two Justices of the Peace, who shall hold their 
 offices for the term of four years. Provided, that in such townships as may 
 contain more than two hundred qualified electors, an additional Justice of the 
 Peace may be chosen. Justices of the Peace shall have exclusive original juris- 
 diction in all actions of contract and replevin where the amount in controversy 
 does not exceed two hundred dollars, and concurrent jurisdiction with the Cir- 
 cuit Court when the amount in controversy does not exceed five hundred dol- 
 lars. In criminal cases the jurisdiction of Justices of the Peace shall extend 
 to all matters less than felony, for final determination and judgment. 
 
 Section Twenty-one. Any suitor in any court in this State shall have the 
 right to prosecute or defend his suit in his own proper person, or by attorney. 
 
 Section Twenty-two. In the courts of this State there shall be no exclusion 
 of anj' witness, in civil actions, because he is a party to or is interested in th e issue 
 to be tried ; and no person convicted of infamous crime shall be a competent 
 
 { 597 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 witness in any case, without the consent of both parties to the controversy. 
 Provided, that in actions by or against executors, administrators, or guardians, 
 in which judgment may be rendered for or against them, neither party shall be 
 allowed to testify against the other as to any transactions with, or statements 
 to, the testator, intestate, or ward, unless called to testify thereto by the oppo- 
 site party, or required to testify thereto by the court. The Judges of the Su- 
 preme and all inferior courts shall be conservators of the peace throughout 
 their respective jurisdictions. 
 
 ARTICLE VIII. 
 
 FRANCHISE. 
 
 Section One. In all elections by the people the electors shall vote by ballot. 
 
 Section Two. Every male person born in the United States, and every male 
 person who has been naturalized, or has legally declared his intentions to be- 
 come a citizen of the United States, who is twenty-one years old or upwards, 
 and who shall have resided in this State six months next preceding the elec- 
 tion, and who, at the time, is an actual resident of the county in which he offers 
 to vote, except as hereinafter provided, shall be deemed an elector. Provided, 
 no soldier, or sailor, or marine, in the military or naval service of the United 
 States, shall acquire a residence by reason of being stationed on duty in this 
 State. 
 
 Section Three. The following classes shall not be permitted to register or 
 vote or hold offices, viz. 
 
 First. Those who, during the rebellion, took the oath of allegiance, or gave 
 bonds for loyalty and good behavior to the United States Government, and 
 afterwards gave aid, comfort, or countenance, to those engaged in armed hos- 
 tility to the Government of the United States, either by becoming a soldier in 
 the rebel army, or by entering the lines of said army, or adhering in any way 
 to the cause of rebellion, or by accompanying any armed force belonging to 
 the rebel army, or by furnishing supplies of any kind to the same. 
 
 Second. Those who are disqualified as electors, or from holding office, in the 
 State or States from which they came. 
 
 Third. Those persons who during the late rebellion violated the rules of 
 civilized warfare. 
 
 Fourth. Those who may be disqualified by the proposed amendment to the 
 Constitution of the United States, known as Article XIV, and those who have 
 been disqualified from registering to vote for delegates to the Convention 
 to frame a Constitution for the State of Arkansas, under the Act of Congress 
 entitled " An Act to provide for the more efficient government of the Eebel 
 States," passed by Congress March 2d, 1867, and the Acts supplementary 
 thereto. 
 
 Fifth. Those who shall have been convicted of treason, embezzlement of 
 public funds, malfeasance in office, crimes punishable by law with imprison- 
 ment in the penitentiary, or bribery. 
 
 Sixth. Those who are idiots or insane. 
 ( 598 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Provided, that all persons included in the first, second, third, and fourth sub- 
 divisions of this section, who have openly advocated, or have voted for, the 
 reconstruction proposed by Congress, and accept the equality of all men before 
 the law, shall be deemed qualified electors under this Constitution. 
 
 Section Four. The General Assembly shall have the power, by a two-thirds 
 vote of each House, approved by the Governor, to remove the disabilities in- 
 cluded in the first, second, third, and fourth subdivisions of Section Three of 
 this Article, when it appears that such person applying for relief from such 
 disabilities has, in good faith, returned to his allegiance to the Government of 
 the United States. Provided, the General Assembly shall have no power to 
 remove the disabilities of any person embraced in the aforesaid subdivisions, 
 who, after the. adoption of this Constitution by this Convention, persists in 
 opposing the Acts of Congress, and reconstruction thereunder. 
 
 Section Five. All persons before registering or voting must take and sub- 
 scribe the following oath : " I do solemnly swear (or affirm) that I will support 
 and maintain the Constitution and laws of the United States, and the Consti- 
 tution and laws of the State of Arkansas: that I am not excluded from 
 registering or voting by any of the clauses in the first, second, third, or fourth 
 subdivisions of Article VIII of the Constitution of the State of Arkansas; that 
 I will never countenance or aid in the secession of this State from the United 
 States; that I accept the civil and political equality of all men, and agree not 
 to attempt to deprive any person, or persons, on account of race, color, or pre- 
 vious condition, of any political or civil right, privileges, or immunity, enjoyed 
 by any other class of men : and furthermore, that I will not in any way in- 
 jure, countenance in others any attempt to injure, any person or persons, on 
 account of past or present support of the Government of the United States, 
 the laws of the United States, or the principle of the political and civil equality 
 of all men, or for affiliating with any political party." Provided . That if any 
 person shall knowingly and falsely take any oath in the Constitution pre- 
 scribed, such person so offending, and being thereof duly convicted, shall be 
 subject to the pains, penalties, and disabilities, which by law are provided for 
 the punishment of the crime of wilful and corrupt perjury. 
 
 Section Six. Electors shall in all cases except treason, felony, or breach of 
 the'peace, be privileged from arrest and civil process during their attendance 
 at elections, and in going to and returning from the same. 
 
 Section Seven. It shall be the duty of the General Assembly to enact ade- 
 quate laws giving protection against the evils arising from the use of intoxi- 
 cating liquors at elections. 
 
 ARTICLE IX. 
 EDUCATION. 
 
 Section One. A general diffusion of knowledge and intelligence, among all 
 classes, being essential to the preservation of the rights and liberties of the 
 people the General Assembly shall establish and maintain a system of free 
 ' { 599 ) 
 
1868.] DEBATES AIsTD PEOCEEDIlirGS OF THE [Monday, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 schools, for the gratuitous instruction of all persons in this State between the 
 ages of five and twenty-one years ; and the funds appropriated for the support 
 for common schools shall be distributed to the several counties, in proportion 
 to the number of children and youths therein, between the ages of five and 
 twenty-one years, in such manner as shall be prescribed by law; but no relig- 
 ious or other sect, or sects, shall ever have any exclusive right to, or control 
 of, any part of the school-fund of the State, 
 
 Section Two. The supervision of public schools shall be vested in a super- 
 intendent of Public Instrilction and such other officers as the General Assembly 
 shall provide. The Superintendent of Public Instruction shall receive such 
 salary, and perform such duties, as shall be prescribed by law. 
 
 Section Three. The General Assembly shall establish and maintain a State 
 University, with departments for instruction in Teaching, in Agriculture, and 
 the Natural Sciences, as soon as the public-school-fund wilf permit. 
 
 Section Four. The proceeds of all lands that have been or hereafter may 
 be granted by the United States to this State, and not otherwise appropriated 
 by the United States or this State, also all mines, stocks, bonds, lands, and 
 other property, now belonging to any fund for purposes of education, also the 
 net proceeds of all sales of land and other property and effects that may accrue 
 to this State by escheat, or from sales of estrays, or from unclaimed dividends 
 or distribution shares of the estates of deceased persons, or from fines, penal- 
 ties, or forfeitures, also any proceeds of the sales of public lands, which may 
 have been or may be hereafter paid over to the State (Congress consenting), 
 also all the grants, gifts, or devises, that have been or hereafter may be made 
 to this State, and not otherwise appropriated by the terms of the grant, gift, 
 or devise, shall be securely invested and sacredly preserved as a publie-^chool- 
 fund, which shall be the common property of the State. The annual income 
 of which fund, together with one dollar per, capita, to be annually assessed on 
 everj^ male inhabitant of this State over the age of twenty-one years, and so 
 much of the ordinary annual revenue of the State as may be necessary, shall 
 be faithfully appropriated for establishing and maintaining the free schools and 
 the University, in this article provided for, and for no other uses or purposes 
 whatever. 
 
 Section Five. No part of the public-school-fund shall be invested in the 
 stocks, or bonds, or other obligations, of any State, or any county, city, town, 
 or corporation. The stocks belonging to any school-fund, or University-fund, 
 shall be sold, in such manner and at such times as the General Assembly shall 
 prescribe. And the proceeds thereof, and the proceeds of the sales of any 
 lands or other property which now belong or may hereafter belong to said 
 school-fund, may be invested in the bonds of the United States. 
 
 Section Six. No township or school district shall receive any portion of 
 the public-school-fund unless a free school shall have been kept therein for not 
 less than three months, d'uring the year for which distribution thereof is made. 
 The General Assembly shall require by law that every' child of sufficient 
 mental and physical ability shall attend the public schools, during the period 
 
 { 600 ) 
 
Feb. 10th.] AEKANSAS COlSrSTITUTIONAL CONVENTION. [27th Day. , 
 Keport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 between the ages of five and eighteen years, for a term equivalent to three 
 years, unless educated by other means. 
 
 Section Seven. In case the public-school-fund shall be insufficient to sustain 
 a free school at least three months in every year in each school district in the 
 State, the General Assembly shall provide by law for raising such deficiency, 
 by levying such tax, upon all taxable property in each county, township, or 
 school district, as may be deemed proper. 
 
 Section Eight. The General Assembly shall, as far as it can be done with- 
 out infringing upon vested rights, reduce all lands, moneys, or other property^ 
 used or held for school purposes in the various counties of this State, into the 
 public-school-fund herein provided for. 
 
 Section Nine. Provision shall also be made, by general laws, for raising 
 such sum or sums of money, by taxation or otherwise, in each school district, 
 as may be necessary for the building and furnishing of a sufficient number of 
 suitable school-houses for the accommodation of all the pupils within the limits 
 of the several school districts. 
 
 ARTICLE X. 
 finances, taxation, public debt, and expenditures. 
 
 Section One. The levying of taxes by the poll is grievous and oppressive ; 
 therefore the General Assembly shall never levy a poll tax, excepting for 
 school purposes. 
 
 Section Two. Laws shall be passed taxing by a uniform rule all money- 
 credit, 'investments in bonds, joint-stock companies, or otherwise, and also all 
 real and personal property, according to its true value in money; but burying- 
 grounds, public-school-houses, houses used exclusively for public worship, 
 institutions of purely public charity, public property used exclusively for any 
 public purpose, shall never be taxed. Eeal estate shall be appraised, at least 
 once every five years, by an appraiser to be provided for by law, at its true 
 value in money. Personal property shall be appraised, in such manner as may 
 be provided by law, at its true value in money; but the General Assembly 
 may exempt from taxation personal property to the value of five hundred 
 dollars to each tax-payer. , « .1. 
 
 Section Three. The General Assembly shall provide by law for taxing the 
 notes and bills discounted or purchased, moneys loaned, and all other prop- 
 erty efi-ects or dues of every description, without deduction, of all banks, 
 now' existing or hereafter created, and of all bankers, so that all property 
 employed in banking shall always bear a burden of taxation equal to that 
 imposed on other property of individuals. 
 
 Section Four The General Assembly shall provide for raising a revenue 
 sufficient to defray the expenses of the State for each year; and also a suffi- 
 cient sum to pay the interest on the State debt. 
 
 Section Five. No tax shall be levied except in pursuance of law; and every 
 law imposing a tax shall state distinctly the object of the same. 
 
 ^ ( 601 ) 
 
1868.] DEBATES AND PROCEEDINGS OP THE [Monday, 
 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 g 
 
 Section Six. The credit of the State or counties shall never be loaned, for 
 any purpose, without the consent of the people thereof, expressed through the 
 ballot-box. 
 
 Section Seven. The General Assembly may require the exhibit of receipts 
 and expenditures of State and county officers, at such times and manner as 
 may be prescribed by law. 
 
 Section Bight. No money shall be paid out of the treasury until the same 
 shall have been appropriated by law. 
 
 Section Nine. The State may contract debts to supply casual deficits or 
 failures in revenue, or to meet expenses not otherwise provided for; and the 
 money arising from the creation of such debts shall be appropriated to the 
 purpose for which it was obtained, or to pay the debt so contracted, and to no 
 other. 
 
 Section Ten. In addition to the above power, the State may contract debts 
 to repel invasion, suppress insurrections, preserve the public peace, defend the 
 State in time of war, or to redeem the present outstanding indebtedness of the 
 State; but the money arising from the contracting of such debts shall be ap- 
 plied to the purpose for which it was raised, and no other ; and all debts in- 
 curred to redeem the present outstanding indebtedness of the State shall be 
 so contracted as to be payable by the sinking-fund hereinafter provided for, 
 as the same shall accumulate. 
 
 Section Eleven. The faith of the State being pledged for the payment of 
 its public debt, in order to provide therefor there shall be created a sinking- 
 fund, which shall be sufficient to pay the accruing interest on such debt, and 
 annually to reduce the same. The said sinking-fund shall consist of such net 
 earnings and profits of public institutions, bonds, stocks, or other property of 
 the State, or of any. other funds or resources, that are or may be provided 
 by law. 
 
 Section Twelve. The Governor, Secretary of State, and Attorney-General, 
 are hereby created a Board of Commissioners, to be styled the Commissioners 
 of the Sinking-Pund. 
 
 Section Thirteen. The Commissioners of the Sinking-Pund shall, imme- 
 diately preceding each regular session of the General Assembly, make an 
 estimate of the probable amount of the fund provided for by the Eleventh 
 Section of this Article, from all sources, except from taxation, and report the 
 same, together with all their proceedings relative to said fund, and the public 
 debt, and transmit the same, to the General Assembly; and the General As- 
 sembly shall make all necessary provisions for raising and disbursing said 
 sinking-fund, in pursuance of the provisions of this Article. 
 
 Section Pourteen. It shall be the duty of the said Commissioners, faithfully 
 to apply, in such manner as the General Assembly may by law direct, said fund, 
 together with all the moneys that may be, by the General Assembly, appro- 
 priated to that object, to the payment of the interest as it becomes due, and 
 the redemption of the principal of the public debt of the State, excepting only 
 school and trust funds held by the State. 
 
 Section Pifteen. The principal arising from the sale of all lands donated to 
 ( 602 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 the State for school purposes, shall be paid into the Treasury; and the State 
 shall pay interest thereon, for the support of schools, at the rate of six per 
 cent, per annum. 
 
 Section Sixteen. The State shall never assume the debts of the county, 
 town, city, or other corporations, unless such debts have been created to 
 repel invasion, suppress insurrection, or to provide for the public welfare and 
 defence. 
 
 Section Seventeen. The General Assembly shall tax all privileges, pursuits, 
 and occupations, tha,t are of no real use to society; all others shall be exempt, 
 and the amount thus raised shall be paid into the treasury. 
 
 ARTICLE XI. 
 militia. 
 
 Section One. All able-bodied electors in this State shall be liable to military 
 duty in the militia of this State; but all citizens, of any denomination what- 
 ever, who, from scruples of conscience, may be adverse to bearing arms, shall 
 be exempted therefrom upon such conditions as may be prescribed by law. 
 
 Section Two. The General Assembly shall provide for organizing, equip- 
 ping, and disciplining the militia, in such manner as it shall deem expedient, 
 and not incompatible with the laws of the United States. 
 
 Section Three. The Governor shall be Commander-in-Chief, and shall have 
 power to call out the militia to execute the laws, to suppress insurrection, and 
 to repel invasion, and preserve the public peace. 
 
 ARTICLE XII. 
 exempted property. 
 
 Section One. The personal property of any resident of this State, to the value 
 of two thousand dollars, to be selected by such resident, shall be exempted 
 from sale or execution or other final process of any court, issued for the collec- 
 tion of any debt contracted after the adoption of this Constitution. 
 
 Section Two. Hereafter, the homestead of any resident of this State who is 
 a married man, or head of a family, shall not be encumbered in any manner, 
 while owned by him, except for taxes, laborers' and mechanics' liens, and 
 securities for the purchase-money thereof. 
 
 Section Three. Every homestead, not exceeding one hundred and sixty 
 acres of land, and the dwelling and appurtenances thereon, to be selected by 
 the owner thereof, and not in any town, city, or village, or, in lieu thereof, at 
 the option of the owner, any lot in a city, town, or village, with the dwelling 
 and appurtenances thereon, owned and occupied by any resident of this State, 
 and not exceeding the value of five thousand dollars, shall be exempted from 
 sale on execution or any other final process from any court; but no property 
 shall be exempted from sale for taxes, for the payment of obligations con- 
 tracted for the purchase of said premises, for the erection of improvements 
 
 ( 603 ) 
 
1868.] DEBATES AISTD PEOOEEDIJSrGS OF THE [Monday, 
 
 Report of Committee on tbe Constitution, its Arrangement and Phraseology. 
 
 thereon, or for labor performed for the owner thereof Provided, that the 
 benefit of the homestead herein provided for shall not be extended to persons 
 who may be indebted for dues to the State, county, township, school, or other 
 trust fund. 
 
 Section Pour. If the owner of a homestead die, leaving a widow, but no 
 children, the same shall be exempt, and the rents and profits thereof shall 
 accrue to her benefit during the tinie of her widowhood, unless she be the 
 owner of a homestead in her own right. 
 
 . Section Five. The homestead of a family, after the death of the owner 
 thereof,'shall be exempt from the payment of his debts, in all cases, during the 
 minority of his children, and also so long as his widow shall remain unmarried, 
 unless she be the owner of a homestead in her own right. 
 
 Section Six. The real and personal property of any female in this State, 
 acquired either before or after marriage, whether by gift, grant, inheritance, 
 or devise, or otherwise, shall, so long as she may choose, be and remain separate 
 estate and property of such female, and may be devised or bequeathed by her 
 the same as if she were a feme sole. ' Laws shall be passed providing for the 
 registration of the wife's separate property ; and when so registered, and so 
 long as it is not entrusted to the management or control of her husband, other- 
 wise than as an agent, it shall not be liable for any of his debts, engagements, 
 or obligations. 
 
 ARTICLE XIII. 
 amendments to the constitution. 
 
 Section One. Any amendments to this Constitution may be proposed in 
 either House of the General Assembly ; and if the same shall be agreed to by 
 a majority of the members elected to each of the two Houses, such proposed 
 amendment shall be entered on their Journal, with the yeas and nays taken 
 thereon, and referred to the Legislature to be chosen at the next general elec- 
 tion; and shall be published, as provided by law, for three months previous to 
 the time of making such choice ; and if in the General Assembly so next chosen 
 as aforesaid, such proposed amendment or amendments shall be agreed to by 
 a majority of all the members elected to each House, then it shall be the duty 
 of the General Assembly to submit such proposed amendment or amendments 
 lo the people, in such manner and at such time as the General Assembly shall 
 provide ; and if the people shall approve and ratify such amendment or amend- 
 ments, by a majority of the electors qualified to vote for members of the 
 General Assembly voting thereon, such amendment or amendments shall 
 become a part of the Constitution of this State. 
 
 Section Two. If two or more amendments shall be submitted at the same 
 time, they shall be submitted in such manner that the electors shall vote for 
 or against each of said amendments separately. 
 
 ( 604 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVBNTIOlSr. [27th Day. 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 AETIOLE XIV. 
 APPORTIONMENT. 
 
 Section One. The Congressional districts shall remain as they now are : 
 Provided, that the General Assembly may, at the first session held after the 
 adoption of this Constitution, re-district the State for Congressional purposes. 
 
 Section Two. Until after the apportionment as herein provided for, the 
 Senatorial and Representative districts shall be composed of the following 
 counties, to wit: the first, of Jackson, Craighead, Poinsett, Cross, and Mis- 
 sissippi; second, of Lawrence, Randolph, and Green ; third, of Madison, Marion, 
 Carroll, Fulton, and Izard; fourth, of Independence and Van Buren; fifth, of 
 Searcy, Pope, and Conway; sixth, of Newton, Johnson, and Yell; seventh, of 
 Washington and Benton; eighth, of Crawford, Franklin, and Sebastian; ninth, 
 of Crittenden, St. Francis, and Woodruff; tenth, of Pulaski and White; 
 eleventh, of Phillips and Monroe ; twelfth, of Prairie and Arkansas ; thirteenth, 
 of Scott, Polk, Montgomery, and Hot Spring; fourteenth, of Hempstead; 
 fifteenth, of Lafayette and Little Eiver ; sixteenth, of Union and Calhoun ; 
 seventeenth, of Clark, Pike, and Sevier; eighteenth, of Columbia; nineteenth, 
 of Ouachita; twentieth, of Jefferson and Bradley; twenty-first, of Dallas, 
 Saline, and Perry ; twenty-second, of Ashley, Chicot, Drew, and Desha. The 
 Senators and Representatives shall be apportioned among the several Senatorial 
 and Representative Districts, as follows, to wit : 
 
 1st District, one (1) Senator and four (4) Representatives, 
 
 2d 
 
 (( 
 
 one (1) 
 
 ft 
 
 three (3) 
 
 3d 
 
 u 
 
 one (1) 
 
 ff 
 
 four (4) 
 
 4th 
 
 II 
 
 one (1) 
 
 If 
 
 three (3) 
 
 5th 
 
 (1 
 
 one (1) 
 
 ff 
 
 three (3) 
 
 6th 
 
 fC 
 
 one (1) 
 
 If 
 
 three (3) 
 
 7th 
 
 u 
 
 one (1) 
 
 ff 
 
 four (4) 
 
 8th 
 
 (I 
 
 one (1) 
 
 ff 
 
 four (4) 
 
 9th 
 
 u 
 
 one (1) 
 
 ff 
 
 four (4) 
 
 10th 
 
 11 
 
 two (2) 
 
 ff 
 
 six (6) 
 
 11th 
 
 1( 
 
 two (2) 
 
 If 
 
 six (6) 
 
 12th 
 
 a 
 
 one (1) 
 
 fi 
 
 four (4) 
 
 13th 
 
 tL 
 
 'one (1) 
 
 II 
 
 three (3) 
 
 14th 
 
 If 
 
 one (1) 
 
 fi 
 
 three (3) 
 
 15th 
 
 fi 
 
 one (1) 
 
 If 
 
 three (3) 
 
 16th 
 
 (I 
 
 one (1) 
 
 II 
 
 two (2) 
 
 17th 
 
 II 
 
 one (1) 
 
 If 
 
 four (4) 
 
 18th 
 
 II 
 
 one (1) 
 
 fi 
 
 three (3) 
 
 19th 
 
 11 
 
 one (1) 
 
 If 
 
 two (2) 
 
 20th 
 
 If 
 
 two (2) 
 
 II 
 
 six (6) 
 
 2l8t 
 
 II 
 
 one (1) 
 
 If 
 
 two (2) 
 
 22d 
 
 fi 
 
 two (2) 
 
 ff 
 
 six (6) 
 
 ( 605 ) 
 
1868.] DEBATES AISTD PEOOEEDmGS OP THE [Monday, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 ARTICLE XV. 
 MISCELLANEOUS PROVISIONS. 
 
 Section One. The President of the Convention shall, immediately after the 
 
 : adjournment thereof, cause this Constitution to be deposited in the office of 
 
 the Secretary of State, and shall transmit a copy of the same to the President 
 
 of the United States, to be by him laid before the Congress of the United States. 
 
 Section Two. In all cases not otherwise provided for in this Constitution, 
 the General Assembly may determine the mode of filling all vacancies in all 
 offices, and of choosing all necessary officers, and shall define their respective 
 powers and duties, and provide suitable compensation for all officers. 
 
 Section Theee. All -general elections shall be held on the Tuesday succeeding 
 the first Monday in November, and shall be biennial, commencing at the 
 general election of A.D. 1868; but all officers elected under the provisions of 
 this Constitution and Schedule, except members of Congress, at the election 
 commencing on the 13th day of March, 1868, shall hold and continue in office 
 in accordance with provisions of this Constitution, the same as though elected 
 at the general election to be held on the Tuesday succeeding the first Monday 
 in November, 1868 ; and no election shall be had for such officers at the general 
 election of 1868. 
 
 Section Pour. All chartered cities and villages under the laws of this State 
 shall hold their municipal elections, for the year 1868, at Such times and places 
 as may be provided in this Constitution and the Schedule to the same. 
 
 Section Pive. The term of office of all township and precinct officers shall 
 ■ expire thirty days after this Constitution goes into effect; and the Governor 
 shall thereafter appoint such officers, whose term of office shall continue until 
 the General Assembly shall provide by law for an election of said officers. 
 
 Section Six. Until the General Assembly shall otherwise provide, a Prose- 
 cuting Attorney for each judicial circuit shall be appointed by the Governor, by 
 and with the advice and consent of the Senate, who shall hold his office for the 
 term of four years, and until his successor is chosen and qualified. Provided, 
 that the General Assembly shall not interfere with the term of any appointed 
 Prosecuting Attorney. 
 
 Section Seven. The compensation of Senators and Eepresentatives shall be 
 six dollars per diem during the first session after the adoption* of this Consti- 
 tution, but may afterwards be prescribed by law. Provided, no increase of 
 compensation shall be prescribed which shall take effect until the period for 
 which the members of the House of Eepresentatives, then existing, shall have 
 expired. 
 
 Section Bight. Senators and Eepresentatives shall receive twenty cents for 
 each mile necessarily travelled in going to and returning from the seat of gov- 
 ernment, in attending each session of the General Assembly, until otherwise 
 provided by law. 
 
 Section Nine. All salaries, fees, and per diem, or other compensation, of all 
 
 { 606 ) 
 
Feb. lOth.J AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 
 Keport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 w ■ ' ■ 
 
 State, county, town, or other officers within the State, shall be payable in such 
 funds as by law may be receivable for taxes. 
 
 Section Ten. Any public fund set apart by the General Assembly for one 
 purpose, shall not be used for another, unless in such case otherwise specially 
 authorized by law. 
 
 Section Eleven. This Convention shall appoint not more than three per-' 
 sons, learned in the law, whose duty it shall be to revise and rearrange the 
 statute laws of this State, both civil and criminal, so as to have but one law 
 on any one subject; and also three other persons, learned in the law, whose 
 duty it shall be to prepare a code of practice for the courts, both civil and 
 criminal, in this State, by abridging and simplifying the rules of practice and 
 laws in relation thereto; all of whom shall, at as early a day as ])racticable, 
 report the result of their labors to the General Assembly, for their adoption or 
 modification. The General Assembly shall provide suitable compensation for 
 said persons appointed as aforesaid. 
 
 Section Twelve. No county now established by law shall ever be reduced, 
 by the establishment of any new county or counties, to less than six hundred 
 square miles ; nor shall any county be hereafter established which shall contain 
 less than six hundred square miles. 
 
 Section Thirteen. No indenture of any person, heretofore made and exe- 
 cuted out of this State, or, if made in this State, where the term of service 
 exceeds one year, shall be of the least validity, except those given in cases 
 of apprenticeships, which shall not be for a longer time than until the appren- 
 tice shall arrive at the age of twenty-one years, if a male, or eighteen years, 
 if a female. 
 
 Section Fourteen. All contracts for the sale or purchase of slaves are null 
 and void, and no court of this State shall take cognizance of any suit founded 
 on such contract; nor shall any amount ever be collected or recovered on any 
 judgment or decree which shall have been, or which hereafter may be, rendered, 
 on account of any such contract or obligation, on any pretext, legal or otherwise. 
 
 Section Fifteen. There shall be a Great Seal of the State, which shall be 
 keot, and used officially, by the Secretary of State ; and the seal heretofore in 
 use in this State shall continue to be the Great Seal of the State, until another 
 shall have been adopted by the General Assembly. 
 
 Section Sixteen. Private seals are hereby abolished, and hereafter no dis- 
 tinction ^hall exist between sealed and unsealed instruments, concerning eon- 
 tracts between individuals. All laws of this State, not in conflict with this 
 Constitution, shall remain in full force until otherwise provided by the General 
 Assembly, or until they expire by their own limitation. Nothing herein shall 
 be construed to impair vested rights under provisions of existing laws. 
 
 Section Seventeen. All officers of this State, executive, legislative, and 
 judicial, before they enter upon the duties of their respective offices, shall take 
 
 the following oath : " I , do solemnly swear (or affirm) that I am 
 
 not disfranchised by the Constitution or laws of the United States, or the 
 Constitution of the State of Arkansas; that I will honestly and faithfully sup- 
 port and defend the Constitution and laws of the United States, the Union of 
 
 ( 607 ) 
 
1868.] DEBATES AND PEOCBBDmGS OP THE [Monday, 
 
 Keport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 the States, and the Constitution and laws of the State of Arkansas ; and that 
 I will honestly and faithfully discharge the duties of the office on which I am 
 about to enter, to the beet of my ability : so help me God." 
 
 Section Eighteen. The term of all officers elected or appointed under the 
 provisions of this Constitution, shall expire on the first day of January, 1873, 
 .unless herein otherwise provided. 
 
 Section Nineteen. No one shall be precluded from being elected or ap- 
 pointed to any office, by reason of having been a delegate to this Convention, 
 or an officer of the same. 
 
 Section Twenty. No person shall be allowed, or be qualified, to sit on any 
 jury, who is not a qualified elector. 
 
 Section Twenty-one. The General Assembly may by general law declare 
 the legal rate of interest upon contracts in which no rate of interest is specified ; 
 but no law limiting the rate of interest for which individuals may contract in 
 this State ghall ever be passed. 
 
 Section Twenty-two. All Judges and Clerks of Election, appointed under 
 provisions of this Constitution, shall take, and subscribe to, the oath of an 
 elector, as provided in Section 5 of Article VIII, before they enter upon the 
 duties of said offices ; and said judges are hereby authorized to administer the 
 oath to each other, and to the clerks, also to administer the same to all electors 
 offering to vote. Said judges and clerks shall also swear to discharge their 
 respective duties to the best of their ability according to law. Judges of Elec- 
 . tion may appoint a suitable number of persons who shall, with themselves, be 
 conservators of the peace ; and they are hereby empowered to arrest all offend- 
 ers. Any one refusing to act as such, when called on by the Judges, shall be 
 subject to a fine of at least one hundred dollars, or imprisonment not less than 
 six months, or both. 
 
 SCHEDULE. 
 
 On the 13th day of March, A.D. 1868, and such successive days as herein- 
 after provided, an election shall be held for members of the House of Eepre- 
 sentatives of the United States, Governor, Lieutenant-Governor, Secretary of 
 State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruc- 
 tion, Judges of the Supreme Court, members of the General Assembly, and all 
 county officers; and also for the submission of this Constitution to the people, 
 for their adoption or rejection. 
 
 Section Two. Upon the days designated as aforesaid, every qualified elector, 
 under the provisions of this Constitution, may vote for all officers to be elected 
 under this Constitution at such election^ and also for or against the adoption 
 of this Constitution. 
 
 Section Three. In voting for or against the adoption of this Constitution, 
 the words "For Constitution" or ''Against Constitution," shall be written or 
 printed on the ballot of each voter; but no voter shall vote for or against this 
 Constitution on a separate ballot from that cast by him for officers to be 
 elected at said election under this Constitution. 
 ( 608 ) 
 
Feb. 10th.] AEKAlSrSAS CONSTITUTIONAL CONYENTION. [27th Day 
 Report of Committee on tlie Constitution, its Arrangement and Phraseology. 
 
 Section Poue. A Board of Commissioners is hereby appointed, to consist of 
 James L. Hodges, Joseph Brooks, and the President of this Convention, any 
 two of whom shall constitute a quorum to transact business, who shall keep 
 an oflSce for the transaction of business at Little Eock, and who may employ 
 such clerical force as may be necessary. Said clerks not to receive more per 
 day for each day actually employed, than the per diem paid the Assistant - 
 Secretaries of this Convention; and who are empowered and authorized to 
 appoint, or cause to be appointed, suitable persons for Judges and Clerks of 
 Election, in each county in this State, to hold the elections therein, for all State 
 and County officers, and for members of the General Assembly, and of the 
 House of Eepresentatives of the United States, and also for the ratification of 
 this Constitution. Said election shall be held at such times *and places in each 
 county, commencing on the 13th day of March, and continuing on such suc- 
 cessive days as the Commissioners may direct, to secure a full and fair vote at 
 such election. 
 
 Section Five. The Judges of Election, appointed as aforesaid, shall make 
 returns of the same, to said Commissioners, in such manner and under such 
 regulations as said Commissioners may prescribe ; which returns shall show the 
 number of votes cast at said election for and against the Constitution, and the 
 number cast for each candidate for the oflaces provided for in this Constitution 
 
 and Schedule. 
 
 Section Six. Any person contesting the election under this Constitution, for 
 any State office or member of the General Assembly, shall do so before said 
 Board of Commissioners, who shall have power to decide and declare the right 
 to any office contested, and give the candidate, legally elected, a certificate of 
 the same : Provided, said Commissioners may, in the cases of members of the 
 General Assembly, whose rights to seats may be contested, refer the same to 
 the General Assembly, for their determination. Said Board of Commissioners 
 \ shall appoint the Judges and Clerks of the municipal elections to be held under 
 the provisions of this Constitution. Said Judges shall conduct and make re- 
 turns of said elections, in the manner prescribed by the charter of the city or 
 village in which said municipal election shall be held. 
 
 Section Seven. Said Commissioners shall appoint suitable persons, as Boards, 
 in every county, to hear and decide all cases of contested county elections. 
 
 Section Eight. The said Commissioners shall have power to inquire into 
 the fairness or validity of the voting upon the ratification of this 'Constitution, 
 and to count the vote given at said election, and shall reject all fraudulent or 
 illegal votes cast at said election. And said Commissioners shall also have 
 power whenever it is made to appear that fraud, fear, violence, improper influ- 
 ence or restraint, were used, or persons were prevented or intimidated from 
 voting at such election, to take such steps, either by setting aside the election 
 and ordering a new one, or rejecting votes, or correcting the result, m any 
 county or precinct, as may in such cases be just aud equitable. 
 
 Section Nine That said Commissioners shall declare the result of the elec- 
 tion upon the ratification of this Constitution; and if adopted, the President 
 of this Convention shall transmit a certified copy of the same, together with 
 
 39 { 609 ) 
 
1868.] DEBATES AND PEOOEBDHSTGS OF THE [Monday, 
 
 Eeport of Committee on the Constitution, its Arrangement and Phraseology. 
 
 an abstract of the votes cast, to the President of the United States, to be by 
 him laid before the Congress of the United States for their approval or rejec- 
 tion, and shall also declare the of&cers elected thereunder; and if declared 
 ratified, the Constitution shall, from and after that date, be in full force and 
 effect. 
 
 Section Ten. No person disqualified from voting or registering under this 
 Constitution, shall vote for candidates for any office, nor shall be permitted to 
 vote for the ratification or rejection of this Constitution at the polls herein 
 authorized. 
 
 Section .Eleven. The Governor, and all other officers elected under this 
 Constitution, shall enter upon the duties of their offices when they shall have 
 been declared duly elected by said Board of Commissioners, and shall have been 
 duly qualified. All officers shall qualify and enter upon the discharge of the 
 duties of their offices within fifteen days after they have been duly notified of 
 their election or appointment. 
 
 Section Twelve. Upon notice of the election, or appointment, and qualifica- 
 tion, of the officers elected or appointed under this Constitution, the present 
 incumbents of all State, county, and city offices shall vacate the same, and 
 turn over to the officers so elected or appointed, and qualified hereunder, all 
 books, papers, records, moneys, and documents, belonging or pertaining to said 
 offices, on application made by the officers elected or appointed, and qualified, 
 under this Constitution. 
 
 Section Thirteen. Any person may vote at the polls herein authorized, for 
 the election of officers and ratification of this Constitution, whom the Judges 
 of said election shall be satisfied, by oath of the person offering to vote, and 
 such other satisfactory evidence as they may require, is a legally qualified 
 elector under this Constitution: Provided,- the Judges of Election shall admin- 
 ister to every person offering to vote at said election, the oath prescribed in 
 this Constitution. 
 
 Section Fourteen. In the event that either of the three Commissioners ap- 
 pointed by Section Four hereof, should be a candidate for any office, the other 
 two Commissioners' shall canvass the vote so far as relates to that office, and 
 i-s8ue the certificate to the person elected. 
 
 Section Fifteen. In case of death or any disability of any member or mem- 
 bers of said Board of Commissioners, the remaining Commissioner or Com- 
 missioners sball have power to fill such vacancy ; and said Commissioner or 
 Commissioners so appointed shall have full power to act, as though originally 
 appointed. 
 
 Section Sixteen. Any person selling or giving away intoxicating liquor, 
 during the time of the election herein provided for, shall be punished by a fine 
 not less than two hundred dollars for each and every offence, or imprisonment 
 not less than six months, or both. \ 
 
 Section Seventeen. Said Commissioners shall provide suitable poll-books 
 
 for each county, and such instructions as may be necessary to carry into effect 
 
 the provisions of this Schedule. Judges and Clerks of Election, thus appointed, 
 
 shall receive the same per diem as the Boards of Eegistrars provided for in the 
 
 ( 610 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th D^ay. 
 Report of Committee on the Constitution, its Arrangement and Phraseology. 
 
 Act entitled " An Act to provide for the more efficient government of the Eebel 
 States," passed March 2d, A.D. 1867, and Acts supplementary thereto. 
 
 Section Eighteen. The Commissioners herein appointed shall receive for 
 their services, for each day actually employed, such compensation per day, and 
 allowances, and in such manner, as are now provided for members of this Con- 
 vention. All expenses incurred under this Schedule, not otherwise provided 
 for, shall be paid out of the appropriation for defraying the expenses of this 
 Convention. 
 
 AN ORDINANCE 
 
 to pkotide rob an hlbction" by thb voters, begistbred in this state, under an 
 Act of Congress entitled "An Act to provide fob the more efficient govern- 
 ment OF the Ebbbl States," passed March 2d, 1867, and the Acts supplementary 
 thereto. 
 
 Section One. Be it ordained : That any voter registered under the provisions 
 of an Act of Congress entitled an " Act to provide for the more efScient govern- 
 ment of the Rebel States," passed March 2d, 1867, and the supplepaentary Acts 
 thereto, shall be permitted to vote in any county in this State where he may 
 be at the time of the election, upon the ratification of the Constitution framed 
 by this Convention. 
 
 Section Two. That, in voting foji; or against the ratification of said Consti- 
 tution, the words "For Constitution," or ''Against Constitution," shall be written 
 or printed on each ballot; but no person shall vote, at the polls provided for by 
 this Ordinance, for any State or county officer prescribed in said Constitution. 
 Section Three. Said election shall be held at such times and places as may 
 be designated by the Board of Commissioners appointed under the provisions 
 of the Schedule to the Constitution subniitted by this Convention to the people. 
 Section Four. The secresy of the ballot shall be preserved inviolate. No 
 Judge, Inspector, or other election officer, shall mark or deface, or furnish to 
 be marked or defaced, any ballot cast at the poll at which he is acting, whereby 
 may be ascertained the manner any elector voted. 
 
 (Signed) J- L. Hodges, Chairman, 
 
 Clifford Stanley Sims, 
 John MoClure, 
 Joseph Brooks, 
 John N. Sarber. 
 
 Mr. MALLORY. I move you, sir, that the Constitution, its Schedule, 
 and Ordinance, be now adopted as a whole, and without division; pro- 
 vided, that any member may explain his vote on any point or points, and 
 have such explanations entered on the Journal; provided that no member 
 shall occupy more than five minutes in such explanation, except by con- 
 sent of the house. I move the previous question. 
 
 Mr. GANTT. I call for the yeas and nays. 
 
 Mr. CYPERT. I rise to a point of. order. There is, upon our minutes, 
 a resolution that no final action shall be taken by the Convention, upon 
 
 ( 611) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Monday, 
 
 The Constitution.— GENERAL DEBATE. 
 
 any ordinance, without the yeas and nays. The motion cannot be enter- 
 tained, unless that shall be rescinded. 
 
 The PRESIDENT. The yeas and nays were ordered. 
 
 Mr. MATTHEWS. I would ask if there is not a rule that every ordi- 
 nance shall be read three times. 
 
 The PRESIDEM'T. The rules have been suspended, as the Chair under- 
 stands, upon the motion of the gentleman from Phillips [Mr. Brooks.] 
 
 Mr, MATTHEWS. On this question ? 
 
 The PRESn>ENT. The Chair so understands it. 
 
 Mr. BROOKS. The motion was, that the rules be suspended, for the 
 purpose of hearing and acting upon the Report of the Committee. 
 
 Mh CYPERT. Perhaps I am not understood. The demand has been 
 made for the previous question, it is true; but before calling the previous 
 question, the previous question must be in order. I contend that the mo- 
 tion of the gentleman from Jefferson [Mr. Malloey] is out of order, from 
 the fact that- it violates the provisions of a resolution which we have 
 already adopted concerning the yeas and nays upon the final passage of 
 every ordinance. That is the point I make. 
 
 The PRESIDENT. The Chair is of opinion that the motion is in order. 
 
 Mr. HODGES, of Pulaski. The motion now before the Convention is 
 such an one as the honorable gentleman from White [Mr. Cypbrt] sub- 
 mitted upon the franchise question. , 
 
 Mr. MOORE. I call the gentleman from Pulaski [Mr. Hodges] to order. 
 
 The question being, — Shall the main question be now put ? 
 The SECRETARY proceeded to call the roll. 
 
 Pending the call of the roll : 
 
 Mr. CYPERT said : I move a call of the house. I desire every man to 
 be here. 
 
 Mr. HODGES, of Pulaski. I second the call. 
 
 The demand for a call of the house was sustained. 
 The PRESIDENT. The Sergeant-at-Arms will prevent any member 
 froEj leaving the hall. 
 
 The SECRETARY proceeded to call the roll. 
 
 Pending the call of the roll : 
 
 Mr. MONTGOMERY said : I move that the proceedings under the call 
 be suspended. [Cries of "Object."] 
 
 The vote was taken ; and, 
 Mr, GANTT calling for a division.. 
 
 The question was decided in the affirmative,— Ayes 43, Noes 20. 
 ( 612 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIOlf AL CONVENTION. [27tli Day. 
 AdjournBient.— GENBEAL DEBATE— EXPLANATIONS OP VOTES. 
 
 ADJOURNMENT. 
 
 Mr. HUsTKLE. I move that the Convention adjourn. 
 
 Mr. SARBER. I move that the motion to adjourn lie upon the table. 
 
 Mr. GrAlSTTT. I ask for the yeas and nays. 
 
 Mr. PIODGES, of Pulaski. }. rise to a point of order. Is a motion to 
 adjourn in order, while we are taking a vote? 
 
 The PRESIDENT. Where the previous question is called for, and the 
 question is being taken, no motion is in order. 
 
 Mr. HIISTKLE. I understand a motion to adjourn to be always in order. 
 
 The PRESIDENT. Under most circumstances, it is; but under the cir- 
 cumstances stated by the Chair, it is out of order. 
 
 Mr. GANTT. I appeal from the decision of the Chair; and upon the 
 appeal I call for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The vote was taken upon the question, — Shall the decision of the Chair 
 be sustained ? and it was decided in the affirmative, — Teas 46, Nays 19, 
 as follows : 
 
 Yeas : Messrs. Belden, Bell, Braehear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, Hodges 
 of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, Mason, 
 Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Oliver, Poole, 
 Priddy, Eawlings, Eector, Eeynolds, Eounsaville, Sams, Samuels, Sarber, Scott, 
 Sims, Smith, Snyder, Yan Hook, White, Williams, and Wyatt— 46. 
 
 Nats: Messrs. Adams, Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, 
 Hicks, Hinkle, Hoge, Matthews, Moore, Norman, Portis, Puntney, Shoppach, 
 Walker, Wilson, and Wright — 19. 
 
 So the decision of the 'Chair was sustained. 
 
 Pending the call of the roll : 
 
 Mr. BEASLEY (when his name was called) said : I do not know upon 
 what I am voting. 
 
 The PRESIDENT. The question is,— Shall the decision of the Chair 
 be sustained? The Chair has decided that during the taking of the vote 
 upon the previous question, the motion to adjourn was not in order." 
 
 Mr. BEASLEY.' My understanding is, that a motion to adjourn is 
 always in order. I shall therefore vote No. 
 
 Mr. MoCO WN (when his name was called) said : That same question 
 came up in a similar case, when, the other day, I moved an adjournment; 
 and it was then-determined that it was not in order, hence, I vote Aye; 
 though that decision was against myself. 
 
 Mr. REYNOLDS (when his name was called) said : I believe the mo- 
 tion to adjourn was made while the roll was being called, and after a 
 
 { 613 ) 
 
.1868.] DEBATES AND PEOCEBDINGS OF THE [Monday, 
 
 The Constitution.— "VAN HOOK— McCOWN— McCLUKE. 
 
 member had answered to his name. I do not believe that a motion to 
 adjourn was in order at that time. I therefore vote Aye. 
 
 The vote was then announced as above. • 
 
 THE CONSTITUTION — KBSUMED. 
 
 The vote was then taken upon the question, — Shall the main question 
 be now put ? and it was decided in the affirmative, — Yeas 45, Nays 21, as 
 follows : 
 
 Yeas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon, 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Misner, Millsaps, Montgomery, Murphy, McCown, McClure, Oliver, 
 Poole, Portis, Priddy, Eawlings, Eector, Sams, Samuels, Sarber, Scott, Sims, 
 Smith, Snyder, White, Williams, Wyatt, and the President — 45. 
 
 l^ATS: Messrs. Adams, Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, 
 Hicks, Hinkle, Hoge, Matthews, Moore, Norman, Puntney, Eeynolds, Eounsa- 
 ville, Shoppach, Van Hook, Walker, Wilson, and Wright — 21. 
 
 So the main question was ordered. 
 
 Pending the call of the roll : 
 
 Mr. VAN HOOK said: I do not think that I can vote advisedly, upon 
 the main question, now. I therefore vote No. 
 
 Mr. McCOWN (not having answered to his name, and his name being 
 called a second time, at the close of the call of the roll) said : I was neces- 
 sarily out of the hall, and do not know what the main question is. 
 
 The PEESEDENT. The question is upon the adoption of the motion of 
 the gentleman from Jefferson [Mr. Malloky], that — '■ — 
 
 Mr. McCLUEE was understood to rise to the point of order that the 
 gentleman from Columbia [Mr. McCown], was not entitled to a statement 
 of the question. 
 
 Mr. McCOWN said: I must, then, beg to be excused. I cannot vote 
 without knowing what the question is. 
 
 The PEESIDENT. The Chair will state the question, for the gentle- 
 man's information. The question is, — Shall the main question be now 
 put ? and the main question to be put, if so ordered by the Convention, is 
 upon the motion that the Constitution, its ScTiedule, and Ordinance, be 
 now adopted as a whole, and without division ; provided that any member 
 may explain his vote on any point or points, and have such explanation 
 entered on the Journal ; provided that no member shall occupy more than 
 five minutes in such explanation, except by consent of the house. 
 
 Mr. McCOWN. I see no use of staying here any longer. I think the 
 Constitution presented is about what it will be. I have, given me, in that 
 motion, the right to protest, and to explain anything, in regard to the 
 ( 614) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27lh Day. 
 The Constitution— Kecess.—GENEKAL DEBATE. 
 
 Constitution, that I see fit. I see no sense in staying here any longer, at 
 the expense of the people. I shall vote Aye. 
 
 The vote was then announced as above. 
 
 Mr. CYPBRT. I still rise to a point of order. The question before the 
 Convention, now, is, I contend, out of order ; and I call for the reading 
 of the resolution, passed at an early day in the session of this Conven- 
 tion — no ; I will show it by the rules. 
 
 The PRESIDEISTT, The Chair will again state, for the information of 
 the gentleman, that the rules have been suspended. 
 
 Mr. CYPERT. Not so far as this point is concerned. The rule that 
 the yeas and nays shall be called upon the final passage of every ordi- 
 nance, is peremptory. 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. As I understand 
 it, explanation is now allowed, but anything foreign to the subject directly 
 before the Convention is out of order. 
 
 Mr. CYPERT. I can see no difference, if each gentleman can call for 
 the yeas and nays 
 
 The PRESEDEISTT. The motion is perfectly in order. 
 
 Mr. CYPERT. I understand the motion to prescribe that the vote shall 
 be taken without division. 
 
 The PRESIDENT. Division of what? The Chair understands the 
 division mentioned in the motion to be, a division of the question; while 
 it is provided that each member shall have a right to explain his own vote. 
 
 Mr. CYPERT. Oh ! I didn't understand it in that way. [Laughter.] 
 
 KBCESS. 
 
 Mr. GANTT. I suppose a motion to adjourn is now in order. 
 
 The PRESIDENT. The Chair is of opinion that the proper motion 
 would be, to take a recess. The motion made is now pending. The main 
 question has been ordered. The Chair is, however, inclined to the opinion 
 that a motion for recess would be in order. 
 
 Mr. GANTT. I then move that the Convention take a recess until to- 
 morrow morning at eight o'clock. [Applause.] 
 
 Mr. "WILSON. I move to amend by substituting ten o'clock. 
 
 Mr. McCLURE. I submit, sir, and shall insist, that after a call for the pre- 
 vious question has been sustained, no motion can be entertained by the Chair 
 until the main question itself is put. Had the demand for the previous ques- 
 tion not been sustained, that action of the Convention would have carried 
 this business over, until to-morrow, or some other day. On the other hand, 
 the effect of the action of the Convention in ordering that the main ques- 
 tion be now put, is to place that question before the Convention; and that, 
 too, when no other motion can be entertained, except a call of the house. 
 
 ( 615 ) 
 
1868.] DEBATES AND PEOOBEDINGS OP THE [Monday, 
 
 Recess— The Constitution.— aENEKAL DEBATE. 
 
 The PRESIDElfT. The Chair will be glad to hear suggestions from 
 any gentlemen that are better informed, upon the point, than the Chair. 
 
 ikr. HINKLE. I have always understood a motion to adjourn to be in or- 
 der at aw?/ time. If this is not some time, I know nothing about it. [Laughter.] 
 
 The PKESIDElsTT. The Chair has already stated that in general that is 
 the rule, but that, in the opinion of the Chair, the present status of the 
 question before the Convention constitutes an exception to the rule. 
 
 Mr. McCLTJEE. It seems to me that this proposition does not admit of 
 discussion. The question upon which the Convention has acted was, — 
 Shall the main question be now put ? The Convention has decided that 
 question in the afl&rmative. It means " now," and no other time. 
 
 The PEESIDENT. The Chair is inclined, as already stated, to doubt 
 the propriety of a motion, either to adjourn or for a recess. The Chair 
 had hoped to have the further suggestions of gentlemen, upon the subject. 
 
 Mr. McCOWN. I am not familiar with parliamentary usages ; at the 
 same time, after hearing the Constitution read, — of as great length as it is; — 
 we should have some little time granted, certainly enough to read th« docu- 
 ment over, by ourselves. So far as any unnecessary haste is concerned, I 
 am utterly opposed to it ; and I believe it is right and proper that we should 
 now take a recess. Whether or.,not it is right and proper that we should 
 adjourn, I do not know. As regards the submission of explanations of 
 votes, of course w"e are not now prepared to present those to the Secretary. 
 Some gentlemen may not be prepared to cast their vote; and I think it is 
 but fair and right that we should have a recess. 
 
 THE CONSTITUTION — KBSUMBD. 
 
 The PEESIDENT. The main question has been called for ; and debate 
 is out of order except by consent. 
 
 Mr. GAISTTT. I call for the reading of the Constitution. 
 
 Mr. MOOEE. I second the call. 
 
 The PEESIDENT. The Chair has decided that when the main question 
 has been ordered, the reading of any paper, connected with the question, 
 is out of order. — Unless some authority is shown, to establish the propriety 
 of the Chair entertaining a motion for an adjournment or recess, the main 
 question will be put. 
 
 Mr. MOOEE. Do I understand that we have to vote upon that instru- 
 ment, one way or the other, whether we may understand it or not? 
 
 Mr. McCLTJEE. I would suggest that a motion to reconsider this vote 
 may be taken. That is the only way to get out of it. 
 
 Mr. MOOEE. I know that would not do any good. 
 
 Mr. BEOOKS. I have no motion to make, and no debate to offer. I 
 only wish to ask whether gentlemen desire to debate the Constitution, or 
 ( 616 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— GENERAL DEBATE. 
 
 any portion of it ; and whether we will not, by unanimous consent, allow 
 remarks, beyond mere explanations of votes. 
 
 The PRESIDENT. The Chair has already stated that the Convention 
 may, by consent, permit debate. 
 
 Mr. HTNDS. I hope that unanimous consent will be given, to those 
 gentlemen who have intimated a desire to discuss the subject. They have 
 before expressed themselves in favor of the adoption of the Constitution 
 of '64. Perhaps, after hearing this, they may like it better. 
 
 The PRESIDENT. By unanimous consent, leave may be given to any 
 gentleman who desires to speak. [Cries of " Leave."] 
 
 Mr. CYPERT. I believe the main question has not yet been voted upon. 
 I understand the question to be upon the adoption of the resolution. 
 
 The PRESIDENT. Yes, sir ; the question is upon the motion of the 
 gentleman from Jefferson [Mr. Mallory.J 
 
 Mr. CYPERT. When that shall pass, I suppose the question will be 
 upon the adoption of the Constitution. 
 
 The PRESIDENT. The question has been more than once stated by 
 the Chair. The question is upon the adoption of the Constitution, its 
 Schedule, and Ordinance. 
 
 The SECRETARY began the call of the roll. 
 
 Mr. BEASLEY (when his name was called) said : Are we voting upon 
 the Constitution ? 
 
 The PRESIDENT. Yes, sir. Unanimous consent has been given, to 
 such gentlemen as may so desire, to speak. If no gentleman desires to 
 speak, the question will now be taken. 
 
 Mr. BEASLEY. Are we to vote upon the Constitution as a whole ? 
 
 The PRESIDENT.- Yes, sir. 
 
 Mr. MATTHEWS. I have some objections to the Constitution ; but I 
 wish, in any remarks I may make in debate, to-night, to confine myself to 
 the subject of the elective franchise. 
 
 Mr. McCLURE, I would suggest that gentlemen make their speeches 
 in the order in which their names come upon the roll. Further consent 
 than that, I am not willing to give. 
 
 Mr. McCOWN [in his seat.'] Consent is already given. 
 
 The PRESIDENT. Unanimous consent was given by the Convention. 
 Will the gentleman [Mr. McCluee] be kind enough to inform the Con- 
 vention what was his intention— that gentiemen should speak as their 
 names are called , or as they may see fit ? 
 
 Mr. BROOKS. no ! I think gentiemen ought to have an opportunity 
 to speak when the spirit moves. 
 
 Mr. HINKLE [to Mr. Brooks.] L thank you, very kindly— the com- 
 parison being that you have had the whole time to speak, and grant us a 
 
 morsel, now ! 
 
 { 617 ) 
 
1868.] DEBATES AND PEOCBBDIKGS OP THE [Monday, 
 
 The Constitution.— MATTHEWS. 
 
 Mr. MATTHEWS. So far as I am able to judge from having just heard 
 that proposed Constitution read, for the first time, the objections to it are 
 numerous and enormous. But as, under the rule adopted to-night, I can 
 speak only during the pleasure of the Convention, I vfill merely occupy 
 its time to discuss what I conceive to be the most salient of those objec- 
 tions, — that is to say, the provision regarding the elective franchise. 
 
 Sir, the considerations which influence, or should influence, our action 
 upon the question of the elective franchise, are so numerous and so con- 
 flicting, and it is so difficult to determine which of them is entitled to 
 precedence the one of the other, that in submitting, as I am about to do, 
 my views upon this subject, if I should do so with the least degree of 
 arrogance or dogmatism, or, indeed, without some distrust even of their 
 entire correctness, I would discover but a poor appreciation of the diffi- 
 culty and delicacy of the task before us. 
 
 While, therefore, the conclusions at which I have arrived, upon this 
 question, are the result of the most earnest and patient reflection of 
 which I am capable, they constitute no obstacle to that respectful and 
 candid consideration of the opinions of others, which, at their hands, I 
 would bespeak for my own. 
 
 It is scarcely necessary to observe that the circumstances under which 
 we are here, devolve upon us the duty of framing a constitution, if it be 
 possible to frame such a one, that will be tolerable to the people of the 
 State, which will be acceptable to Congress, and such as will be ratified 
 by the registered voters of the State. Unless we can frame a Constitution 
 coming up to every one of these requirements, we might better not have 
 met here, and the sooner we return to our homes the better for the inter- 
 ests of the State. 
 
 I believe it possible for us to frame such a Constitution. But I also 
 believe that in framing a Constitution, there is but one path upon which 
 the requirements I have mentioned can be met, and that all others lead to 
 inevitable failure of the present plan of reconstruction. 
 
 I believe that if we frame a Constitution, in other respects not particu- 
 larly objectionable, and if, in the provision regarding the elective franchise, 
 we fully and unequivocally, but at the same time simply and only, com- 
 ply with the conditions which Congress has prescribed in the Reconstruc- 
 tion Acts, we may reasonably hope for the State's restoration to her 
 wonted relations with the General Government, by the present effort. 
 But if we fail to comply with the conditions, or if we shall go any further 
 than a compliance therewith, we will have no just grounds for such a 
 hope. This is not the place to argue that a Constitution complying with 
 the conditions named, would or would not be tolerable to the people of 
 the State. 
 
 It was well understood in the late election, that the only need of a Con- 
 ( 618 ) 
 
Feb. 10th.]' ARKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— MATTHEWS. 
 
 vention was, to frame a Constitution in conformance with the requirements 
 of the Reconstruction Acts. Therefore, when the people voted to have a 
 convention, they in effect voted to have a constitution framed in accord- 
 ance with those acts. It is not the province of this Convention, therefore, 
 to consider whether such a constitution would promote the happiness of, 
 or be tolerable to, the people, or not. If this question is to be further con- 
 sidered, it must be by the people themselves, between this and the time 
 they shall vote upon the ratification of the Constitution. 
 
 While, then, we may exercise a discretion with respect to the Constitu- 
 tion, in other particulars, and consider how, in other respects, it might or 
 might not conduce to the happiness of the people, we are bound to make 
 the Constitution we shall frame, meet the requirements of the Recon- 
 struction Acts — otherwise, we violate the trust which the decision of the 
 issues in the late election has devolved upon us. 
 
 I deem it unnecessary, also, to occupy the time of the Convention in 
 arguing so plain a proposition as that Congress is at least as likely to 
 accept of our Constitution, if it fully but only comes up to the require- 
 ments of the Reconstruction Acts, a.s if it undertook to go beyond them ; 
 but will proceed at once to point out what are and what are not the 
 requirements of the Reconstruction Acts, with respect to the elective fran- 
 chise, and afterwards to show the probable result of this Convention either 
 failing to meet, or going beyond, these requirements. 
 
 The 5th Section of the Act of Congress " to provide for the more efficient 
 government of the rebel States," which is the only law I know of in point, 
 reads as follows: (I invite particular attention to that clause of the law 
 which reads — ) 
 
 "And when such Constitution shall provide thai the elective franchise shall be 
 ENJOYED BY ALL SUCH PERSONS as havc the qualifications herein stated for electors 
 of delegates." 
 
 Who are the persons, I would inquire, that have the qualifications stated 
 in that Act, for electors of delegates ? They are, sir, all the male citizens 
 of the State, twenty-one years old and upwards, of whatever race, color, or 
 previous condition, who were resident in the State for one year previous 
 to the day of the late election, except such as were disfranchised /or parfecz- 
 paiim in the rebellion, or for felony at common law. 
 
 But who are disfranchised for participation in the rebellion ? Not a 
 single individual, white or black, except those excluded from the privilege 
 of holding office by the proposed amendment to the Constitution of the 
 United States. Not a single registered voter, who rightfully registered. 
 
 Then how, sir, can this Convention, which has no business on earth 
 except to frame a Constitution in accordance with the requirements of the 
 Reconstruction Acts, undertake by that constitution to disfranchise just 
 such persons or classes as it deems proper to disfranchise ? 
 
 ( 619 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Monday, 
 
 The Constitution.— MATTHEWS. 
 
 Every gentleman on this floor will admit that if we were to fail to confer 
 the elective franchise upon the negroes, we would fail to meet the re- 
 quirements of the Reconstruction Acts : why, then, will we not equally fail 
 to meet those requirements if we deny, by the constitution we shall frame, 
 the elective franchise to white men,' to whom Congress has not denied it? 
 
 Surely gentlemen who are favoring this extensive disfranchisement have 
 not read, certainly have not critically examined, the Reconstruction Acts. 
 And I do beg that they will do so before voting upon this question. And 
 when they see, as I think they are bound to see, that to deny the elective 
 franchise to any who were rightfully electors of delegates to this Conven- 
 tion, would be as much a failure to meet the requirements laid down by 
 Congress, as a condition precedent, to reconstruction, as though we were 
 to deny it to the negroes, or to any other class which Congress in that act 
 provides must enjoy it, they will not favor sach denial. 
 
 Sir, for my own part, being fully convinced that such a disfranchising 
 provision as is proposed would not be in consonance with the require- 
 ments of the Reconstruction Acts, and being likewise fully convinced that 
 to frame a Constitution coming fully up to those requirements is our 
 highest duty as delegates here, and having solemnly sworn faithfully to 
 discharge my duty as a delegate, I could not possibly favor it, even if other 
 considerations did not forbid. 
 
 But while we cannot, without disregarding the requirements of the Re- 
 construction Acts, withhold the elective franchise from any man possessing 
 the qualification of elector of delegates to this Convention, we are not 
 bound by those acts to disfranchise any man who does not possess those 
 qualifications. We, sir, can fully meet every requirement of Congress, 
 without disfranchising any class or any man. 
 
 I know of nothing under the sun upon which the argument of those 
 who claim that we are bound to disfranchise certain classes for participa- 
 tion in the rebellion is, or can be, based, other than the clause in the law 
 I have read, which is as follows — ''except such as may be disfranchised far 
 participation in the rebellion." 
 
 'Sow, as to this clause, it is hardly necessary to point out, to any one at 
 all conversant with the English language, that the clause has reference 
 exclusively to the qualifications of electors of delegates to the Constitu- 
 tional Convention. And though Congress has, by the Reconstruction Acts, 
 required that every one, having the qualification of an elector of delegates 
 to this Convention, shall have the elective franchise under the Constitution 
 we shall frame, there is not, sir, a single requirement, hint, or intimation, 
 in any Act of Congress upon the subject of reconstruction-, making it our 
 duty to disfranchise any one for not possessing those qualifications. And 
 nothing has surprised me more, in this Convention, than did the animad- 
 versions of honorable gentlemen on this floor, against a resolution of mine, 
 ( 620 ) 
 
Feb. 10th.] ARKANSAS COlSrSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— MATTHEWS. 
 
 proposing an instruction to the appropriate committee, to simply inquire 
 into the expediency of disfranchising no one for participation in the re- 
 bellion — and the assertion by them that the resolution contemplated a 
 failure, on the part of the Convention, to meet the requirements of Con- 
 gress. Sir, as I have said before, there is no requirement that the Con- 
 stitution should withhold from any one the elective franchise. And if we 
 disfranchise any class for participation in the rebellion, it will have to be 
 for some other reason than that it is necessary in order to make the Con- 
 stitution acceptable to Congress. 
 
 I come next to speak of the chances of ratification which a constitution 
 coming fully, but only, up to the requirements of the Reconstruction Acts, 
 compared with those of a proscriptive one, or of one disfranchising any 
 class for participating in rebellion. 
 
 Sir, I am not prepared to assert that if we frame a constitution the 
 least objectionable to the white voters of the State it is possible for us to 
 do, and yet make it conform to the Reconstruction Acts, it will be ratified. 
 
 As I have said before, I believe it will, but am not entirely certain it 
 will. And I do not believe it will be ratified by anything like so large a 
 majority as there was in favor of a convenlion, in the late election. A 
 few weeks only before the late election you could scarcely hear of a man 
 in this State, who did not believe that the best that could be done was to 
 come forward and reconstruct upon the Congressional plan. But about 
 that time, for causes it is not necessary to recur to, a reaction set in upon 
 this subject, and there grew strengthened an opposition to reconstruction 
 so considerable, that at the election there were 13,558 votes against a Con- 
 vention, out of 41,134 votes polled ; and some 25,000 voters had become so 
 doubtful of the propriety of voting for a Convention that they did not vote 
 at all. 
 
 Fow, sir, the indications are that this reaction had not reached its culmi- 
 nating point at the date of the election, if indeed it has yet. Since then 
 the most herculean efforts have been made, and indeed are now being 
 made, by the opponents of reconstruction. Their forces are mustered and 
 disciplined, their organization is complete and in full operation ; and, sir, 
 if those who favor reconstruction by the present effort would succeed, 
 they will require every advantage of the situation it is possible for them 
 to take. If, sir, we give our opponents the arguments that we have 
 denied to and withheld the elective franchise from citizens, without any 
 requirement, therefor, by Congress, — in a word, sir, if we shall enter the 
 contest in support of a constitution loaded down with innovations upon 
 American and common-sense republicanism, in my humble judgment 
 inevitable defeat awaits us. 
 
 Some gentlemen seem to think that a majority of the registered voters 
 of this State are abstractly and enthusiastically in favor of the Congressional 
 
 ( 621 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Monday, 
 
 The Constitution.— MATTHEWS. 
 
 plan of recon8tructi(^n. They will permit me to warn them that if such an 
 opinion is founded at all upon the vote at the late election, in my portion 
 of the State, it is, at least to that extent, erroneous, and, I believe, entirely 
 erroneous. 
 
 The white men who voted for a Convention in my County, did not 
 prefer the Congressional plan to the President's plan of reconstruction ; 
 but they voted as they did, because they saw little or no hope of recon- 
 struction in any other direction, and many of them, indeed, voted for a 
 convention without having determined even that they would vote for a 
 constitution framed in accordance with the requirements of the Reconstruc- 
 tion Acts, however unobjectionable in other respects it might be. They 
 thought there would be no particular harm in having such a constitution 
 framed, and submitted to the people for ratification, and that they would, 
 consider further as to whether they would finally vote for its ratification. 
 They thought that to peremptorily vote down a convention would be con- 
 strued as a defiance of Congress, and therefore, in some sort, of the General 
 Government, and would in other respects be susceptible of misinterpre- 
 tation by the people of the North. They were not willing to have it said 
 that the people of the State -would not entertain even the most remarkable 
 proposition looking to reconstruction. But they had not made up their 
 minds that it was best to accede to the terms oflered. Others, again, who 
 have concluded that it is best, upon the whole, to reconstruct upon the 
 Congressional plan, and who will vote and work for a constitution grant- 
 ing universal manhood sufirage, will vote and work against a constitution 
 which denies suffrage to any class, for participation in the rebellion. 
 
 The white people-of Arkansas, with but inconsiderable exception, I thinK, 
 do not want negro suflFrage ; they do not believe in the justness or pro- 
 priety even of having it forced upon them ; but a goofl portion of them 
 have not felt that we could afford to neglect the conditions which Congress 
 has prescribed for our rehabilitation. But, sir, I apprehend that few of 
 these will perceive a necessity for compliance with whatever additional 
 conditions this Convention shall take upon itself to interpose. 
 
 And I tell you^sir, if this Convention shall frame a constitution which, 
 after enfranchising the negroes, shall deny to white men the elective fran- 
 chise, for no offence of which they have been convicted, it will most 
 assuredly be defeated. Thousands who voted for a convention will vote 
 against the Constitution ; nearly every registered voter who failed to vote 
 m the late election will be on hand, and in opposition to the Constitution. 
 
 Nor, sir, can the negroes be counted on, to support with unanimity a 
 constitution against which a large portion of the white men with whom 
 they voted in the recent election shall be arrayed. 
 
 In counties where the negroes are largely in the ascendant, numerically, 
 I admit that they are likely to vote any way their party managers require. 
 ( 622 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 
 The Constitution.— MATTHEWS. 
 
 But in districts where they are equalled or outnumbered by the whites, 
 where every negro has for his friends, neighbors, advisers, and patrons, two, 
 three, or half a dozen white men, they voted for a Convention because, 
 in part, at least, those white men voted that way or were indifferent upon 
 the subject, and therefore did nothing to counteract the eflbrt of those sent 
 to manipulate the negroes. And if, sir, when all the white men, in whose 
 midst they are, shall be earnestly and actively opposed to the ratification 
 of the Constitution, the negroes will to a great extent be carried along 
 with them, in spite of all the tactics and enterprise that can be used to 
 prevent it. 
 
 The point that I wish to make, then, is that the ratification of a constitu- 
 tion, coming up to the requirements of the Eeconstruction Acts, is by no 
 means a foregone conclusion, and that if we frame a constitution still 
 more objectionable to the white people of the State, it is almost certain to 
 fail of being ratified. 
 
 ' But some gentlemen have said that if they cannot get a constitution 
 which shall disfranchise the rebels, or a particular class of the rebels, they 
 don't want any. That is to say, if they cannot have reconstruction upon 
 their own terms, they do not want it at all. And yet these very gentlemen 
 say that I, and those with whom I concur, are unsound upon the subject of 
 reconstruction. (It was in reference to a resolution ofiered by myself, that 
 these remarks were called out.) We desire reconstruction for its own sake 
 — nay, sir, we want reconstruction in spite of the fact that we have to take 
 it mixed with what we regard as an evil ; and yet, sir, we are called un- 
 sound, by men who are unwilling to have reconstruction, unless it is such 
 reconstruction as will put the success of their party beyond peradventure ! 
 How much sounder reconstructionists are these gentlemen themselves, than 
 are even the Democrats ? 
 
 They desire reconstruction if it will secure the success of the Republican 
 party, but not without — the Democrats, also, are anxious to have recon- 
 struction, provided they can have it upon a basis entirely safe to the Demo- 
 cratic party. 
 
 N"ow, sir, we, the few of us here, whose devotion to the best interests of 
 the State and the country is not circumscribed by any party lines, are 
 willing and anxious to have reconstruction for its own sake. We are will- 
 ins to take reconstruction, even if thereby neither Republican nor Demo- 
 crat ever holds office again. 
 
 But some, who are in favor of a proscriptive Constitution, claim that if 
 it is not ratified by those who are now qualified to vote, another law of 
 Congress will soon be enacted, confining the question of ratification to such 
 classes as will not fail to ratify it. But I do not think that those who are 
 earnest in their professions of a desire to have full political rights con- 
 ferred upon the negro, because they believe them due him, and not because 
 
 ( 623 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Monday, 
 
 The Constitution.— MATTHEWS— NOEMAN. 
 
 of any mere party purpose, will trade the chances which Congress has 
 already given them of effecting that object, for a chance that Congress will 
 enable them to effect a further and different object. 
 
 Evidently, the masses at the H'orth are beginning to suspect that others, 
 as well as those lately in rebellion, may be to blame for the postponement 
 of reconstruction. They, it is certain, are not abstractly in favor of negro 
 suffrage ; but they have thus far acquiesced in its being forced upon the 
 South, because led to believe that it was ah essential means of recon- 
 struction. 
 
 But when the State of Arkansas has said, as she has by the late election, 
 that she desires reconstruction, even though she has to take it upon terms 
 which are repugnant to white men, North and South, and everywhere, I 
 think the people of the Worth will be ready to say, — " 'Tis enough." And, 
 sir, when a party shall, for its own ends, still further outrage the instincts, 
 heartrpromptings, memories, and teaching, of the American people, by 
 other innovations upon American and common-sense republicanism, and 
 when the people of our State shall refuse to endorse those further innova- 
 tions, the people of the North will say Amen ! to that refusal ; they will 
 perceive that the more there is yielded to the demands of Radicalism, the 
 more there is demanded, and, in their disgust, will declare, — " We have 
 already gone too far — let us return to the old landmarks, to the old original 
 time-tested pi'inciples of our fathers." 
 
 Sir, I took the ground, in the late contest upon the question of conven- 
 tion or no convention, that the public sentiment of the country was in 
 such a state of incertitude, impatience, and, indeed, exasperation, regard- 
 ing and on account of the postponement of reconstruction, that the South- 
 ern people could not afford to peremptorily reject the Congressional plan 
 of reconstruction. 
 
 And I will now and here say and proclaim, that for the very same 
 reason, those who desire the political equality of the two races, not for 
 any ulterior object, but because of what they believe to be right, cannot 
 afford to practically reject the Congressional plan of reconstruction by the 
 interposition of further and other conditions, tp which the people will not, 
 ought not, and cannot accede. 
 
 Mr. NORMAN. Nothing so pointedly distinguishes us from the brute, 
 as the desire to live in favorable memory of those who are to come after 
 us. The man of noble instincts feels that " it is not all of life to live, nor 
 all of death to die." How forcibly this truth ought to impress itself upon 
 the mind of every member of this Convention ! The work which we are 
 doing is not for a party, nor for the fleeting life of a day. Possibly our 
 children's children will bless us for our patriotic, wise, prudent, far-seeing 
 statesmanship; or mayhap they will damn us through all the coming 
 years of time, for our folly, our partisanship, our wilful disregard of the 
 ( 624 ) 
 
Feb. lOth.J AEKANSAS COlSrSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— NO KM AN. 
 
 teachings of history, and the lessons of our Creator; inscribing upon our 
 humble tombstones — "They gave to party what was meant for mankind." 
 An intelligent and observing stranger from a remote country, would be 
 utterly astonished at the excitement, the turmoil, the angry and bitter 
 contentions, which agitate the public mind. The great rebellion has long 
 since ceased to affright us from our propriety. Every man is vying with 
 his neighbor in protestations of loyalty to the government of our fathers. 
 Governors, judges, sheriffs, officers legislative, executive, and judicial, 
 abound everywhere as of yore; yet the republic rocks and reels as a 
 drunken man. Uncertainty, despair, forebodings, and " chimeras dire," 
 hold their unwelcome revellings in all our bosoms, and, like Banquo's 
 ghost, will not down at our bidding. 
 
 " "WTiy," asks the uninformed stranger, " all this ? "Why is business pros- 
 trated? Why this great financial crisis, while the issues of 'greenbacks' 
 are as thick as the 'leaves that strew the vale of Vallambrosa.' Why does 
 a general bankruptcy, like a gloomy cloud, hang over all the land ? Why 
 is the laborer and the landlord alike impoverished and hopeless ? Why 
 are Jeremiahs and prophets of evil abounding everywhere, weeping over 
 our disasters, or warning us of the future?" 
 
 I assert, sir, and the solemn verdict of history will as surely sustain my 
 assertion, as the night will follow the day, that it is the assumed, but false 
 and wicked position, that the Southern States need reconstruction. From 
 the wide and placid waters of the Potomac, to the Mexican Rio Grande, 
 the people, in every legitimate sense of the word, are loyal to the Govern- 
 ment and the Union. Over all that boundless region State governments 
 exist. Over all this vast Southern country, peace, prosperity, and plenty, 
 would this day be hovering with angel wings, and we could grasp the hand 
 of every man as a brother, but for the fell spirit of party, but for this in- 
 sane purpose to rule or ruin. Party, the love of power and of spoils, by 
 a devilish incubation, have hatched a brood that are bringing woes un- 
 numbered upon our afflicted country. If I did not think, like the patriotic 
 old Eoman, that the city was eternal, I should be ready to say: "We 
 perish." But the great God of our fathers will be with us even in these 
 desperate days ; and when the storm has ceased, how pure will be the atmos- 
 phere it will have cleared ! 
 
 Our unsophisticated stranger, who makes all these pertinent inquiries, 
 will be astonished to know that the now dominant party, fishing in the 
 broad ocean of chance for a new lease of power and plunder, should have 
 hooked a scheme so falsely named, and so fatally pregnant with mischief. 
 Reconstruction is the word — which is only to be effected by the aid of Afri- 
 can votes. This is the great sun, before which all other issues and matters, 
 political and social, " pale their ineffectual light." The broad and startling 
 proposition is announced to the world, that no government can be made 
 
 40 ( 625 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 The Constitution.— NORMAN. 
 
 in these Southern States, loyal and true, without the aid of negro votes. 
 Every white man who puts his fist to that clause of the proposed Constitu- 
 tion, signs a libel upon his race, and sanctions a wrong which he must 
 know is unwarranted and unwarrantable. 
 
 When we protest against this, in the name of our blood and our country, 
 our Republican friends sing the same unvarying song — " Reconstruction — 
 we must reconstruct the State." When they themselves know, as well as 
 they know that God is in heaven and the Devil in hell, that if there had 
 been no negro votes in the South to help lift to office and to plunder, 
 we would have been long ago, without any aid of theirs, the most beauti- 
 fully reconstructed political fabric under the broad cerulean canopy. [Ap- 
 plause on the left.] how fatal is the spirit of party ! It is now seeking 
 to tear down a beautiful Corinthian temple, and erect in its stead a rude 
 and disfigured fabric, with unhewn and shapeless material from Dahomey 
 and the Nile ! 
 
 The political doctors are reducing all to chaos — are making the body 
 politic sick, because they claim special skill in curing, when they them- 
 selves do the destructive work ; upon the same principle that the notorious 
 quack operated with all his patients — whatever might be their disease or 
 sickness, he asserted that he always threw them into fits — as he was hell on 
 Jits. [Laughter.] The country is thrown into_^te, political, social, andjinandal, 
 that Thad. Stevens, et id omne genus, may demonstrate to the world that 
 they are hell on Reconstruction ! [General laughter.] 
 
 This fact is certainly apparent to every student of history, that no two 
 dissimilar races have occupied the same territory, and maintained am- 
 icable relations, except in case one was subordinate to the other. The 
 Moors and Spaniards warred for ages, and there was no peace till the 
 Crescent gave way to the Cross. Celt and- German, Norman and Saxon, 
 never ceased to hate, and spill blood, till one or the other was anni- 
 hilated, or the discordant elements were mingled in the grdat river 
 of life. 
 
 By giving the colored man the elective franchise, you at once strengthen 
 and intensify class and race feelings and prejudices. It will be but to- 
 morrovs^ when all the blacks will constitute one party, and all the whites 
 the other party. Where, then, the safety to either, or peace and prosperity 
 for our country ? 
 
 Education and Christianity may modify the character, but prejudices of 
 race and color are almost as unchanging and unchangeable as the God who 
 gave them. The more highly civilized the people, the stronger and more 
 intense the race-prejudices and sympathies. 
 
 Tou, then, who love peace, you, who are willing to trust to the justice, 
 the impartiality, the virtue, of your own white race, should at once lift your 
 hands against this precipitate enfranchisement of an inferior, ignorant, 
 ( 626 ) 
 
Feb. lOth.J AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— NORMAN. 
 
 and dissimilar people. As a laborer, and in a subordinate political posi- 
 tion, the negro will be protected, courted; as a politician, despised, 
 detested, destroyed. 
 
 Is not the colored man fully protected in life, in property, and reputa- 
 tion, in Ohio, in Kansas, in Minnesota? "Where, then, is the Arkansan 
 base enough to assert that the people of these States are better than we ? 
 If any, speak, for him have I oftended! Away then with this slander, 
 that the negro must vote, to shield himself from oppression and wrong' 
 
 Again, you are investing him with the elective franchise at the point of 
 the bayonet, against the expressed wish of the millions of white people of 
 the Southern States. This opposition is almost unanimous. Those whites 
 favoring it, are of recent importation, or those desiring offices, or the few, 
 honest, timid few, who have been frightened with the shadowy ghosts of 
 confiscation, and other dire threats from a Jacobinical Congress. Can 
 you hope to build a lasting fabric, when millions of hands are ready, and 
 millions of hearts willing, at the first favorable opportunity, to pull it 
 down and trample it in the dust? 
 
 I tell you, to-day, Mr. President, this opposition will grow stronger and 
 stouter, with the developments of each returning day, and the time is not 
 distant when all those who have thus attempted to degrade their own race, 
 will call upon the rocks and mountains to fall upon them, to hide them 
 from the wi-ath and indignation of an injured people. 
 
 By accident, we are in a minority here now. But there are twenty 
 thousand majority of the registered voters, and the uncounted thousands 
 disfranchised, of this State, at our backs; and we may safely say, we can 
 follow them and fear no evil. 
 
 It must be wrong; it must be dangerous; it must ultimately fail, and 
 fail signally, when it meets at every step, in spite of threats, and bully- 
 ings, and cajolings, such stern and relentless opposition. In every aspect 
 in which it can be viewed, the giving the elective franchise to the negro, 
 is fraught with evil, and evil continually. It will engender and precipitate 
 race-conflicts; it will force the negro from his true sphere; and you might 
 as well expect harmony in the starry heavens with the planets out of their 
 orbits It will plant the seeds that will germinate into political corrup- 
 tions that would shame Catiline or Dauton. If successful, the greatness 
 and glory of our country are gone forever! Washington, Madison, Jef- 
 ferson, and Marshall, will have lived in vain. The young star of Arkan- 
 sas, but lately so brightly shining in the political firmament, will, like the 
 lost Pleiad, wander back into utter night. 
 
 I appeal, then, to all who love Arkansas, who expect to make her people 
 their people, and her God their Q-od, to touch not, taste not, handle not, 
 
 the unclean thing ! .. . j xi, ^ 
 
 We are hourly told that the State must have reconstruction, in order that 
 
 { 627 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Monday, 
 
 The Constitution.— NORMAN. 
 
 peace, prosperity, and quiet, should follow in its wake. Is there any sen- 
 sible, honest Arkansas Republican, longer to be deceived by so gross and 
 patent a falsehood ? Look at the horrid and wicked oath which the pro- 
 posed Constitution requires to be taken, and do you believe that there is 
 any honest desire to reconstruct the State Government upon honorable 
 and just terms ? Do you not see that every decent white, who " fears God 
 or regards man," is forever debarred the right and privilege of participating 
 ii^the government of a State which is to tax him, to rule him, to guide 
 his daily life and walk? 
 
 They have not the courage, like Robespierre, to cut off heads, with the 
 actual guillotine, till their enemies are reduced to a minority, but with an 
 ingenuity hardly less cruel than that of the great Jacobin, they fetter all 
 the good and noble of the State, that they may torture and degrade, that 
 license and plunder may go unwhipped of justice, that all who love their 
 country may stand like chained martyrs, helpless witnesses to public ruin 
 and public plunder. May we not exclaim, with the indignant old Roman, 
 "0 tempora, mores!" 
 
 How basely have the Union men of Arkansas been betrayed ! How 
 have all their assertions been belied and falsified. How have all their 
 
 hopes been disappointed ! We believed that Arkansas could not secede, 
 
 that Arkansas once a State was always a State, — that rebellion had abol- 
 ished slavery, but not all the rights and privileges of American citizens— 
 that to have been a slave and an African did not fit men for the high duties 
 of statesmanship. Yet such are the dreadful teachings of the hour. Yet 
 such are the solemn declarations sought to be incorporated in the funda- 
 mental law of one of the once proud States of the American Union. 
 
 I never was a last-ditch man. Blood and thunder declarations were 
 never regarded by me as tests of manhood or evidences of fearless deter- 
 mination. But I can say to you now (and I feel it as an inspiration) that 
 the people of this State will never submit to so monstrous, so cruel so 
 degrading terms, as you are this night attempting to rivet upon them. 
 Never! Never! If this be treason, make the most of it. When you 
 have bound every man hand and foot, and placed a guard at every door, 
 then and then only can you hope to carry measures so fraught with ruin 
 and degradation ! 
 
 You claim that the people were betrayed into secession by their leaders — 
 that their hearts were all right,— that they were misled. An honorable 
 member asserted, the other day, upon this floor, that if the Ordinance of 
 Secession had been submitted to the people of this State, they would have 
 indignantly voted it down. Yet the same misled, honest, deceived Union 
 men of Arkansas are turned over to the tender mercies of a negro gov- 
 ernment, run by " carpet-sack" politicians, who are breathing out slaugh- 
 
 ( 628 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— NOKMAN—MUEPHY. 
 
 ter and vengeance ! Is this a specimen of the charity of the " Grod and 
 Morality" Party? 
 
 I must appeal to you again, men of Arkansas, — men whose destinies, 
 whose all, are identified with our young and noble State. Will you let 
 passion, and prejudice, and the bitter memories of the past, warp your 
 better judgment, and blind your minds ? " "Whom the gods wish to destroy 
 they first make mad." Grentlemen complain of rebel outrages and plun- 
 derings. These cannot be justified. Civil war is the fruitful womb from 
 which they spring. The wonder is, that the outrages and wrongs on both 
 sides were not tenfold greater. But we are not here to punish treason or 
 to convict felons. The ostensible object is to establish a civil constitution 
 and government for the State of Arkansas. 
 
 By oaths, by gerrymandering, by means as detestable as they are unjust, 
 three-fourths of the white people of Arkansas are deprived of voice in 
 their own government. And this, too, by the party claiming to be the 
 Eepublican party. 
 
 You who can endorse that iniquity have stouter hearts than he who 
 leads the forlorn hope or faces the booming cannon. For, I assure you, 
 the indignation, the frowns, the curses, the just and damning denunciations 
 of a betrayed, hopeless, despairing people, will haunt you to dishonored 
 graves. 
 
 Come out from among them, then, my brothers of Arkansas! 
 
 "For whilst the lamp holds out to burn, 
 The vilest sinner may return." 
 
 [Laughter.] 
 
 The angry passions of the day must soon give place to reason, and the 
 wicked purpose to plunder, wither before the sunlight of truth. The 
 people of the United States, and a coming Congress, will yet do us justice, 
 and strike the manacles from our limbs. That the day may speedily come, 
 let us hope, let us ever pray. I glory in a just and constitutional Union. 
 I can grasp in all this great country, in my love and admiration. I want 
 us all to be brothers. I want that glorious old banner to be again the 
 emblem of our national unity and brotherhood. 
 
 But, sir, if that Constitution upon your table becomes the law of the 
 land, erase forever from the fiag the star of Arkansas, and widen, and 
 deepen, and lengthen the stripe, as a perpetual memorial of her degrada- 
 tion and her sorrows ! 
 
 Mr. MURPHY. I had not intended to have anything to say, in this 
 Convention; and I have waited, long and patiently, in silence. But as 
 some gentlemen upon the other side glory in fiinging a firebrand upon 
 the colored man,— the negro votes,— and boasting of their great intelli- 
 
 ( 629 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Monday, 
 
 The Constitution.— MURPHY. 
 
 gence, though they may have obtained the means of education by the 
 black man's sweat, it is enough to fill any man with the inspiration to 
 rise and express the sentiments of his mind. They are boasting, upon 
 the other side of the house, about their great intelligence. Though I 
 believe there are some good gentlemen there, they cannot find where the 
 colored man has a right to vote. They have traced the histories of Amer- 
 ica; they have traced the histories of the nations of the world; and they 
 cannot find where the colored man has the right of suffrage. They have 
 traced back the history of the world, for thousands of years ; and in it all 
 they cannot find where the colored man has the right of suffrage. He is 
 represented as a brute ; he is called everything except a human being. 
 But if you will only fly to the supreme law of nations, the supreme law of 
 God, you will find that the colored man has not only the right to liberty, 
 but to every privilege of an American citizen. When lifted up by the 
 hand of an all-wise G-od and an overruling Providence, — when the late 
 war resulted in the issuing of the Emancipation Proclamation by Abraham 
 Lincoln, — four millions of our enslaved brethren were called to aid in the 
 establishment of this Union of loyalty. Por the colored troops have made 
 full proof of their loyalty, they have made full proof of their capabilities; 
 they have marched to the field, and they have stood upon the field; they 
 have protected the Union cau5e, when the flag was insulted by the boast 
 of South Carolina, that she intended to make African slavery universal in 
 the country ; they have stood amidst the storms of iron hail, when thun- 
 dering cannons roared around them, when thousands fell both right and 
 left — they still stood fast and protected that Union flag. So they stood; 
 and while gentlemen have been compelled to surrender the sword, at the 
 same time they will rise here, now, under the flag of the Union, after they 
 have dropped their swords and their bayonets, and seek to limit our privi- 
 leges! I would never have spoken, here, but to say this to the men that 
 have been our masters, men whom we have brought to the very condition 
 they are in, and have not only fed them, but have clothed them, have 
 tied their shoes, and finally have fought until they were obliged to sur- 
 render. Yet, now that they have surrendered, they say we have no rights ! 
 Has not the man who conquers upon the field of battle, gained any rights? 
 Have we gained none by the sacrifice of our brethren ? And not only so, 
 but we are united with the Republican Party. I have longed to see the 
 line of separation withdrawn. And every time these gentlemen come to 
 this hall, they represent the negro as a goat — a goat! They have for- 
 gotten that we have tied their shoesy that we have clothed them, that we 
 have driven them in their carriages, we have reared them, in their castles, 
 we have furnished them all the means they now possess in the world, and 
 we have furnished them money to employ the overseers to drive us in 
 the field, where they have driven us all the day and half the night, and 
 ( 630 ) 
 
Feb. 10th. J AEKANSAS CONSTITUTIONAL CONYBNTION. [27th Day. 
 " The Constitution.— MOOBE— HODGES of Pulaski. 
 
 then again before the morning light. And now, when we are free, they 
 say that we have no right ! no-right! [Applause on the right of the hall.] 
 
 Mr. MOORE. This is a monstrous thing ! We are the representatives 
 of a great people. "We have assembled here under extraordinary circum- 
 stances. We have come together for a specific purpose, for the purpose 
 of framing an organic law for the government of the people of Arkansas, — 
 a great, a noble, and, I believe, an honest people. But I must say, I have 
 felt a great deal of astonishment, to-night, at what I have heard. When 
 I sat in my seat, to-night, and listened to the remarks of gentlemen on 
 the opposite side of the hall, — remarks which I regarded as trespassing 
 upon the rights, the interests, and the feelings of the people of Arkansas, 
 I must say that my poor heart was almost ready to bleed, to think that 
 such men as those from whom these remarks proceeded, had ever polluted 
 the soil of Arkansas. I must say that I was sorry that they had not staid 
 upon a different soil — I must say that I wished they had never set their 
 foot upon that of Arkansas. 
 
 But, sir, — to leave that subject, — I am called upon, in a very brief 
 space of time, to vote upon the instrument that lies upon the table of 
 this Convention. That instrument is to be the organic law of Arkan- 
 sas. It is to be the law under which I expect to live ; it is to be the law 
 by which my children are to be governed. I desire, sir, to express some 
 views, regarding that instrument, here, to-night, in a very humble way. 
 I desire to take no grand position — for I feel very simple in this con- 
 cern. This instrument is one that all heaven, I believe, must blush, 
 to-night, to see put forth to the people, — an instrument which I feel 
 ashamed that anybody should come upon the soil of Arkansas and 
 attempt to stuff down the throats of the people of the State. It proposes, 
 sir, to disfranchise a large portion of the people of Arkansas. It proposes 
 to disfranchise me. It proposes to disfranchise my neighbor, over there — 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. 
 
 Mr. MOORE. I expected that. [Laughter.] [To Mr. Hodges.] I ex- 
 pected your ears would be tickled a little, before I should get through. 
 Just keep your seat, and I will tickle you, before I have done, worse than 
 I yet have. 
 
 Mr. HODGES. I wish to correct the gentleman. That instrument pro- 
 vides for your disfranchisement, only in case you should disfranchise your- 
 selves. 
 
 Mr. MOORE. [7b Mr. Hodges.] Take your seat. If gentlemen are 
 going to interrupt me, I wish they would do it all at once. 
 
 I repeat, that instrument proposes to disfranchise a large portion of the 
 people of Arkansas. It ought to disfranchise the gentleman who has just 
 spoken. If he is as good a man as I am, it will disfranchise him. But I 
 must say, as a man who hopes and expects to live and die under the same 
 
 ( 631 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Monday, 
 
 The Constitution.— MpOEE. 
 
 government under which I was born, that no constitution can afford to 
 disfranchise the intelligence of the countny. The instrument which lies 
 upon the Secretary's table does propose to disfranchise the people of 
 Arkansas; and it goes further, — its provisions would disfranchise the 
 people of the Southern States ; and I say no republican government can 
 afford to do that. Sir, whenever you disfranchise the intelligence of the 
 country, you organize, in your own land, an enemy. Wor does the effect 
 stop there. The influence of the intelligent classes is disfranchised — and 
 their influence is double, in proportion to their numerical strength. I 
 say that no republic under the heavens can sustain the burden of a dis- 
 franchisement of the intelligence of that republic. Sir, is there any pre- 
 tense that this is not proposed by the instrument which we here have 
 submitted to us ? And if it is, I say that it comes before the people as a 
 bastard, without a name — and a bastard that never will receive a name, in 
 Arkansas. 
 
 We did not come here to send out to the people an instrument of that 
 sort, telling them to disfranchise the intelligence and respectability of the 
 country. "We came for a nobler and higher purpose. With what purpose 
 did the men assemble, who met, in this hall or elsewhere, in 1836, to frame 
 a government, " republican in form," for the State of Arkansas ? Did they 
 come with that kind of spirit shown here to-night ? Did they come to 
 force upon the people an instrument thus odious in the extreme ? 
 
 A MEMBER. I would ask the gentleman what kind of Convention 
 assembled here in '61. 
 
 Mr. MOORE. Take your seat, if you please. 
 
 The PRESIDENT. The gentleman from Pulaski is not entitled to the 
 floor without the consent of the gentleman from Ashley [Mr. Mookb.J 
 
 Mr. MOORE. I do not wish to be disturbed in my remarks. If the 
 gentleman wishes to say anything more, while I am speaking, I hope he 
 will fi.nish now. 
 
 This insti'ument, I say, disfranchises a large class of citizens; and I 
 stood up, upon this floor, holding up my hand, while you, sir, administered 
 to me an oath which implied that I would consent to do nothing of the 
 kind. I felt, sir, when I took that oath, that I was going to do my 
 whole duty to the people of Arkansas. I believed that you acted in all 
 good conscience, and I believed that you had the right to administer 
 that obligation. I meant to live up to it. And yet, now, sir, I am 
 called upon to vote for that instrument, when by so doing I would be 
 violating the sacred obligation which you administered to me. I should 
 be recreant to all the feelings that ever palpitated in this bosom of mine, 
 if I were to prove false to that sacred obligation. I would not swear to a 
 lie, for all Arkansas ; I would not swear to a lie, for the benefit of all the 
 members of the Republican Party, in the world. I would not swear to a 
 ( 6.S2 ) 
 
Feb. lOth.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— MOOKE—BEOOKS. 
 
 lie, for all the world itself. T do not think I would. That sacred instru- 
 ment which you swore me to support, the Constitution of the United 
 States, declares, in the Second Section of the Fourth Article, that 
 
 " The citizens of each State shall be entitled to all the privileges and immu- 
 nities of the citizens of the several States." 
 
 Now, Mr. President, the Constitution that lies upon the Secretary's desk, 
 proposes to enfranchise all Africa ; while, if, to-night, the negro of Arkan- 
 sas, who by this instrument is to be awarded the right of suffrage, were 
 to go into Iowa, into Kansas, into Connecticut, or any of those States, 
 he could not enjoy the immunities which it is proposed to give him here. 
 
 Mr. COATES [in his sm<.] He can go to Ohio. 
 
 Mr. MOOEE. He could not do it, a few days ago. — He cannot do it to- 
 night. 
 
 Mr- COATES [in his seat.^ He can go there at any time he chooses. 
 
 Mr. MOORE. Fifty thousand white men, good and true, a majority 
 of the State, said he could not. Yet you call upon me to vote for an instru- 
 ment that endows him with such privileges in Arkansas ! 
 
 Let me turn to my apostolic friends, who propose to live under the 
 Bible — to take the Bible as the man of their counsel. Let me ask them, 
 in all good conscience, if they can do this thing. I imagine they would 
 shirk it, unless they are the sort of people who do not know the Bible, 
 nor its teachings. 
 
 Mr. BROOKS. Does the gentleman refer to that part of the Bible which 
 says, " An eye for an eye, and a tooth for a tooth ?" [Laughter.] 
 
 Mr. MOORE. Yes, sir; I mean to refer to that part of the Bible — "An 
 eye for an eye, and a tooth for a tooth !" and I mean to refer, too, to that 
 other part of the Bible which forbids a lie. That is another part of the 
 Bible, to which I desire to refer. I would refer to the whole Bible — I like 
 it, from the first of Genesis to the last of Revelation. I do not know 
 whether the gentleman can stand it all, or not — I don't know whether or 
 not it would suit him. I desire to take the whole ; if he wants a different 
 Bible from the one made by G-od, through inspired men, I cannot go with 
 that gentleman. 
 
 But, sir, we are told that we ought to adopt this Constitution, because it 
 offers equal rights to all parties. Sir, you know that is not so. You know 
 it, sir! I say that you, as President of this Convention, know that is a 
 libel upon its face. I say it is a libel, too, upon common sense. Take the 
 latter part of the Constitution— take the apportionment which it fixes; 
 and is it not an insult to Heaven ? Is it not an insult to common sense? 
 Is it not an insult to every member of this Convention ? Do not the gentle- 
 men who introduced that Article here, feel ashamed that they should 
 attempt to force upon the^eople of this State a measure of that kind ? I 
 
 ( G33 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 The Constitution.— MOOEE. 
 
 tell them now, aud I tell them in bold and emphatic language,- that Ar- 
 kansas will not swallow any such instrument as that. Arkansas is too free, 
 too intelligent, and, — as that Committee on Finance said, a few days ago, — 
 has "stolen" too much, ever to suft'er such a thing to go down its throat. 
 Nor can these recent importations compel the State to swallow it. Look 
 at my own little district — Ashley, Chicot, Drew, and Desha! "Why is such 
 an apportionment as that. made? Great Heaven! look down upon this 
 work! The object of this apportionment is, that little Ashley County 
 shall be forced to hover under the black wing of the negro majority in the 
 counties with which she is joined. Sir, it is a burning shame, an outrage 
 upon honesty; and no honest man would offer such a proposition in a de- 
 liberative body. This is pretty bold language. It comes from me — ^I am 
 responsible for it, here or elsewhere. I say it is an insult to honesty ; I 
 say it is an insult to my rights ; I say it is an insult to the people I have 
 the honor to represent, who are a bold and chivalric people. Tell me 
 that we are to have, from that district, six Eepresentatives and two Sena- 
 tors ! Why, I know the gentleman blushed, if anything like shame could 
 have been written upon him ; and if the mark of Cain had not been written 
 upon their brow, others, of his associates, would have blushed. I feel 
 ashamed — I feel ashamed ! that men with so little moral integrity could 
 ever have stepped upon the soil of my adopted State. I love Arkansas, I 
 love the people here ; but I do not love a want of moral integrity. I do 
 not love that anywhere, or in any people. 
 
 Sir, the people of my County, and the people of Arkansas, will say that 
 this Convention was conceived in sin and brought forth in iniquity; they 
 will say that hell never produced anything like it ; that it is a shame to 
 the moral sense and moral decency of a respectable community; and yet 
 gentlemen will have the boldness to rise here and move the previous ques- 
 tion upon a motion that the whole instrument here presented to us be 
 adopted, without division, at once ! Great God ! Do you not feel ashamed, 
 Mr. President? — does not that whole concern, over there, feel ashamed? 
 [Laughter.] Is it not a disgrace to the very bystanders, here, that such a 
 thing should be sent out to honorable old Arkansas, that has for thirty- 
 two years been living, moving, and having her being, in the great family 
 of States, and that is now called upon to adopt, as her organic law, such 
 an instrument as this ? 
 
 I propose, sir, to refer, in a very slight way, to the principles taught by 
 Washington, Madison, Jefferson, the great Adams, and all the other illus- 
 trious exponents of the fundamental doctrines of the Constitution of the 
 United States. I wish to refer, more especially, to their views in refer- 
 ence to the representative system in a republican government. Look at 
 the instrument presented to us this evening, and say how the system of 
 representation is there arranged. See whether it is a representative sys- 
 ( 634 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION". [27th Day. 
 
 The Constitution.— MOOEE— HODGES of Pulaski. 
 
 tern. I cannot tell whether, under the provisions of that instrument, I 
 have or have not any rights. I think a man who votes for it, ought to be 
 ashamed that lie ever was in Arkansas. Ask yourselves, whether the 
 people have any rights, whether any gentleman upon this floor has any 
 essential rights, under that representative system. There is no gentleman 
 here, of common honesty — that is the word I desire to use, to use in its 
 broadest sense, and desire that it should be understood in its broadest 
 sense, — that can approve of such a thing. I know that there are, here, 
 venerable men of Arkansas, — of Southern Arkansas, — men whom I like, 
 men of piety and devotion, men who revere the teachings of the Bible — 
 under whose wings I am glad to be gathered. They cannot swallow any 
 such thing as this; for an acquiescence in it, as they well know, must de- 
 prive them of everything like common honesty. Sir, I am ashamed, 
 to-night, that I ever occupied a position in this mongrel Convention. I 
 wish I had never occupied my seat — that you had shoved me out of the 
 seat. For I am degraded, before the eyes of the people, — unless, indeed, 
 I enter, upon the records of this Convention, my solemn protest against 
 its proceedings ; and that I will do. 
 
 Another question arises, after this, 
 
 Mr. HODGrES, of Pulaski. I would ask the gentleman, what was his 
 account for mileage ? 
 
 Mr. MOORE [to Mr. Hodges.] Take your seat. Have you any more 
 prisoners to kill ? If you have no more negroes to kill, let me go on, now. 
 [Laughter.] 
 
 The next point that strikes my mind, in the discussion of this question, 
 is that of the test-oaths required.— If, however, the gentleman from Pulaski 
 [Mr. Hodges] has any other prisoner of the Penitentiary to kill, or any other 
 matter to attend to, if he will let me know it I will suspend my remarks. 
 
 Mr. HESTDS. I would like to know how many miles it is from this City 
 to Ashley County. 
 
 Mr. MOORE [to Mr. Hinds.] Nine thousand miles, if you please. It is 
 a great many more miles there than you will ever get votes there. 
 
 Mr. President, whenever that party gets through with his remarks, I 
 will proceed. • 
 
 The PRESIDENT. Let the gentleman proceed. 
 
 Mr. MOORE. I pay no regard to remarks of that kind. If there is 
 any more yelping to be done, I trust it will be done at once, and that I' 
 may then be permitted to go on. 
 
 Now as to the question of test-oaths. Sir, what is required, in order to 
 disfranchise a man, in the Tuited States of America ? Can you disfran- 
 chise a citizen, under the Constitution of the United States— that law 
 under which we live, which was penned by the greatest intellects that 
 America has ever produced— under that Constitution can you disfranchise 
 
 ( 635 ) 
 
1868.] DEBATES AND PEOCEEDIJSTGS OF THE [Monday, 
 
 The Constitution.— MOOKE. 
 
 him otherwise than hy trying him, and convicting him of crime ? If you 
 cannot, then I must say that the test-oath required of voters, in Arkansas, 
 is in violation of the Constitution of the United States, and of the oath 
 we took when we entered upon our duties as delegates in this body. Is 
 it, then, expected that we are to break our oaths, by fixing a test-oath in 
 violation of the great principles of republican government ? I say, sir, 
 that the attempt to require such an oath, is an unconstitutional proceed- 
 ing, and one that ought to raise a blush upon the face of any man who 
 should propose it here. 
 
 This is not all. Let us go on a little further, and inquire how men are 
 to be enfranchised, in Arkansas, and in the United States. What is re- 
 quired, in order to make a man a citizen bf the United States? If a 
 foreigner, he has to become naturalized, before he has the full privileges 
 of citizenship. I would ask any gentleman whether, if, during the days 
 of slavery, I had emancipated my negro, that would have constituted him 
 a citizen ? I ask the question of every candid man of common sense. I 
 have had a few negroes, in my life, and lost them honestly, by the war, 
 and gave them up willingly. I ask whether, if I had freed them before 
 the war, that act of emancipation would have made them citizens, in any 
 of the United States? ISTow, if that act would not have made them citi- 
 zens, would a bare proclamation of the President of the United States, 
 freeing them, as a war measure, make them citizens of the United States? 
 I appeal to every sane man to take that question to himself, and ask him- 
 self whether a bare proclamation of emancipation made negroes citizens. 
 If it did, then such a proclamation would make an Indian a citizen. 
 Under the instrument presented to us to-night, if every Indian in the 
 Choctaw Nation were to come to Arkansas, he w,ould be allowed to vote 
 — if every Indian in the Cherokee I^ation were to come, he could vote — 
 if the Snakes, and all the other Indians that ever lived, were to come 
 here, they would all be entitfed to vote. You propose to enfranchise the 
 last one of them. If all Africa were to move into Arkansas, under that 
 instrument they would be enfranchised to-morrow! Are you willing to 
 do that ? That instrument surrenders manhood suffrage. It takes the 
 right from us, and confers it upon an»ignorant class, not citizens of the 
 United States, under the Constitution. I ask every reflecting man 
 whether that class are citizens of the United States. Sir, if they were 
 citizens, they would have been entitled to vote; and they had no such 
 right. Then, too, if they are citizens, why, in the name of reason and 
 common sense, why, in the name of all that is just and right, should 
 Congress ask us to adopt the proposed Fourteenth Amendment to the 
 Constitution of the United States? That, of itself, carries with it the fact 
 that the Congress of the United States, the people of the United States, 
 do not regard them as citizens, or we should never be asked to assent to 
 ( 636 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— MOOKB. 
 
 the incorporation, in the Constitution, of an amendment the purpose of 
 which is to declare them citizens. It would be preposterous, in a body of 
 as sensible men as the Congress of the United States pretend to be, and 
 ought to be, to ask the people to adopt an amendment declaring the citizen- 
 ship of a class already citizens. And yet, because we are a downtrodden 
 and oppressed people, we are asked to make them citizens. Sir, there is 
 but one object in making them citizens, and giving them the right of suf- 
 frage, and that is, to propagate, and maintain in power, the Radical Party, 
 That party know, to-day, that their death-knell is sounded, unless they 
 can succeed in making the poor, deluded African a voter. They know it. 
 It is as patent to them as that the noonday sun will shine when this snow- 
 storm shall pass off. They know they have held their last office in Ar- 
 kansas, unless they can succeed in this attempt to enfranchise the negro, 
 get him under their thumb, and make him an instrument of power. Has 
 it not been said, in my hearing, — " We don't care a curse for the nigger, 
 unless we can use him for political purposes, and for the benefit of the 
 Radical Party !" And so the poor, deluded African is permitted to be 
 estranged from his old friends, to follow after new gods, and uncertain 
 ones, to hold to new and uncertain friends, who only want to use him for 
 the attainment of party ends, and as instruments of political power. They 
 care no more for him than I do for the man in the moon, no more than 
 they do for the Devil, except as they can use him for their own advan- 
 tage. Is there one man in this body, belonging to the extreme wing of 
 this concern, who will come up to me, and say he believes the negroes to 
 be capable of exercising, intelligently, the right of suffrage ? There are, 
 indeed, some of their fanatical preachers and others, who have imbibed 
 the idea that black is white and white is black ; but when you come to 
 the honest. members of the party, the last one of them will acknowledge 
 that it is only for political purposes that they want the negro enfranchised. 
 I have lived in the South all my life ; I was suckled by a negro woman, 
 and her milk was as good as that of anybody else. But I do not believe 
 that her offspring were competent to take upon themselves the govern- 
 ment of this country. 
 
 Nor do we stop there. In enfranchising the negro, you make him your 
 political and social equal. It is to invite him into your house, and make 
 him the companion of your social hours. In my opinion, if he should be 
 enfranchised, he would be taken into the parlors of all that vote for him 
 —to marry their daughters, and, if necessary, hug their wives ! If you 
 enfranchise him, give him all those rights. I stand here, to-night, will- 
 ing, cheerfully willing, to give him all his rights before the law, willing 
 that he should enjoy liberty of person and property; but when it comes 
 to doing violence to my obligations as a member of this body, I must stop. 
 I did not come here to swear a lie. And were I to assist in proposing, to 
 
 (637 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 The Constitution.— MOOEE— HODGES of Pulaski. 
 
 the people of Arkansas, a Constitution .that should enfranchise the Afri- 
 can, — or the emancipated descendant of Africans, in these Southern States, 
 if you will have it that way, — I would be doing violence to the obliga- 
 tion that I took; and every other honest man would be doing violence to 
 that obligation, by taking such a course. We swore that we would faith- 
 fully support the Constitution of the United States, and would impartially 
 discharge the duties incumbent upon us as delegates to the Constitutional 
 Convention of Arkansas, according to the best of our ability. If we vote 
 for the enfranchisement of the negro, we violate that sacred oath, for we 
 violate the Constitution of the United States. And if the enfranchised 
 negro of Arkansas should, to-day, go to Illinois, — possessing, here, all the 
 rights and blessings' that I possess, having the privilege of walking^up to 
 the polls and voting, — ^he could, according to the laws of Illinois, be ex- 
 pelled from that State. And I have before me, sir, the decision to sustain 
 my statement. Sir, I do not wish, by such action as is here proposed, to 
 bring this country into confusion, or to precipitate another rebellion. I 
 have seen as much war and fighting as I wish to see. I have seen enough ! 
 I have stood by and witnessed scenes that would make the blood curdle 
 in the veins of any man possessed of any feeling. I want to see no more 
 such. Do not rob the people of their inestimable rights. Do not strip 
 them of those rights which they have enjoyed for the last ninety years. 
 Let us enjoy them as was intended by the great framers of that instru- 
 ment, now daily insulted throughout the country. Let us live up to that 
 instrument, not oppose it — it is one which, faithfully observed, should ' 
 make us, as a people, respected and beloved of all the world. 
 
 I have been sitting, now, in this Convention, for several days; and, as 
 I have reflected upon what I have seen, I have thought of what I have 
 read in the Bible, — that when the great Son of Man was placed upon the 
 cross, the sun in Heaven refused to shine, because of the iniquities of the 
 people. Sir, the sun of heaven has now refused, for several days, to shine 
 upon this assembly. I can hardly but believe that it is the iniquities of 
 this body that have thus dimmed the face of nature itself. We are ruin- 
 ing the people ; we are robbing them of their rights. I say, take that 
 instrument back, and make it what it should be. We do not propose to 
 vote upon it ; but let them take it back, and make it what it should be, so 
 that the people shall not be ashamed of it, and that God in heaven may 
 not frown in wrath at so shameful an enactment. Y"ou, gentlemen, the 
 last one of you, ought to be ashamed to let such an instrument go before 
 the people of Arkansas. It is an insult to the intelligence of Arkansas; 
 it is an insult to their manhood ; it is an insult to every decent gentleman 
 in the State. 
 
 Mr. HODGES, of Pulaski. My speeches are always short; and I feel 
 an inclination to answer the gentleman, so far as regards his exceedingly 
 ( 638 ) 
 
Feb. lOtb.J AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day, 
 The Constitution.— HODGES of Pulaski— MOORE. 
 
 great shame. The reason why I asked him the question which I just now 
 propounded, was, that I happened to see, upon the Secretary's table, a 
 little note, which I will read. 
 
 [Mr. HoDaBS here read a certificate, on honor, of Mr. Moore, calling 
 for mileage for about nine hundred miles' travel.] 
 
 Mr. MOORE. That is just eight hundred and eighty-eight miles less 
 than to the Penitentiary. 
 
 Mr. HODGES. I understand the distance, really, to be, instead of some 
 four hundred and fifty miles, one hundred and thirty or one hundred and 
 forty. 
 
 Mr. MOORE. That is a personal matter, and I wish to reply to it. 
 
 Mr. HODGES. I will give the gentleman permission. 
 
 Mr. MOORE. I desire, in replying, to show the number of prisoners 
 the gentleman has killed. 
 
 Mr. HODGES. An oflicial report of a Committee, upon that subject, 
 has been presented, and lies upon the table. 
 
 The Senator from the gentleman's County, last winter, drew mileage 
 for two hundred and seventy miles. Enough of this. I desire to say a 
 word or two in reference to the apportionment fixed by the Constitution. 
 It is similar to that of various other States, among which I will mention 
 Illinois and Minnesota; and, with opportunity of reference, I could men- 
 tion several others. I think it is, also, the practice of the State of Georgia. 
 It may, or it may not, be a "carpet-sack" arrangement. 
 • Upon the subject of the franchise, I will merely say a word or two in 
 explanation. Section Three of the Article on that subject, to which the 
 gentleman objects, provides, first, for disfranchising persons who, duriug 
 the war, took the oath of allegiance, or gave bonds for their loyalty, and 
 good behavior, and who afterwards violated their oaths, or subjected them- 
 selves to forfeiture of their bonds. The next subdivision disfranchises 
 those who were already disfranchised in the States from which they came. 
 The next subdivision disfranchises those persons who were guilty of acts 
 in violation of the rules of civilized warfare. The subdivision which fol- 
 lows disfranchises those who are disfranchised, or prevented from holding 
 office, by the Fourteenth Article of Amendment to the Constitution, and 
 those' also, disfranchised by the Registration Law. A provision is made, 
 in the Constitution, enfranchising all who have faithfully supported the 
 plan of reconstruction put forth by Congress, and voted for the same; and 
 under that provision, men are enfranchised who were not permitted, duriug 
 the last election, to register— this on the ground of their repentance, and 
 return to loyalty. They are enfranchised because they have ceased fight- 
 ing the Government, hiring men to kill Union officers, and all that sort of 
 
 thing. 
 Mr. CYPERT [«n his seat.'] If they were ever guilty of any crime which 
 
 ( 639 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 Eecess— The Constitution.— MOOEE— HODGES of Pulaski. 
 
 would justly entitle them to disfranchisement, they certainly ought not 
 now to be enfranchised. 
 
 Mr. HODGES. Those who have ceased firing upon voters, ceased in- 
 timidating voters, ceased threatening Registrars, and all that, and have re- 
 turned to their loyalty, honestly and faithfully, are enfranchised, by the 
 provisions of the Constitution. Another provision is, that the General 
 Assembly may, by a two-thirds vote, enfranchise any one who, from this 
 time forward, shall commence to be loyal, and shall cease to contend 
 against the General Government. The Constitution then goes on to pro- 
 vide that such as shall persist in opposing reconstruction, and the Govern- 
 ment, shall never be enfranchised. That means, that, after five years of 
 rebellion, and two or three years of fight in time of peace, the day of pro- 
 bation is at an end, and that if you continue shooting Union officers, if 
 you continue threatening voters, if you continue threatening Registrars 
 and Judges of Election, if you continue shooting men on account of their 
 principles, you shall never be enfranchised. I have now given you, Mr. 
 President, the spirit of the disfranchising clauses. 
 
 RECESS. 
 
 Mr. KYLE. I move that the Convention now take a recess until to- 
 morrow morning at ten o'clock. 
 
 Mr. MOORE. I hope the gentleman will withdraw his motion for just a 
 moment, in order to allow me to make an explanation, as the gentleman 
 from Pulaski [Mr. Hodges] has said several things personal to myself, and 
 I wish to answer them. 
 
 Mr. GANTT. I move to lay upon the table the motion to adjourn. , 
 
 Mr. KYLE. I withdraw my motion, for the present, to enable the gentle- 
 man [Mr. Moore] to make a personal explanation. 
 
 THE CONSTITUTION — RESUMED. 
 
 Mr. MOORE. I hoped I would not have been driven to the necessity of 
 referring to this matter ; and I hoped no gentleman who did not have a 
 better record than the gentleman from Pulaski [Mr. Hodges] would have 
 risen here to impugn the motives of any honest man in this house. And 
 I hope, moreover, that he will not stultify himself any more, by making 
 any declaration, unless he is able to prove it. He says . I have certified 
 upon honor, that the most practicable route from this city to my town 
 
 Mr. HODGES, of Pulaski. I rise to an explanation. I have not said 
 any such thing. I have read the gentleman's own handwriting. 
 
 Mr. MOORE. It is not any such thing. I know what I am saying. The 
 { 640 ) 
 
Peb. lOth.jAEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 TheConstitution—Eecesa.—GANTT— MONTGOMERY— HODGES— McCOWN. 
 
 gentleman represents me as stating, upon honor, that the distance from this 
 place to Hamburg is four hundred and fifty miles, and that, counting the 
 distance both ways, the sum is nine hundred miles. If called upon for 
 proof, I will introduce that of the gentleman from Chicot [Mr. Mason], 
 to say whether I have made any misrepresentation ; and then the gentle- 
 man from Pulaski will be ashamed of himself, if he has any shame, — which 
 I think, from the way in which he has acted for the last two months, is ex- 
 ceedingly doubtful. 
 
 RECESS — AGAIN. 
 
 The PRESIDENT. If there is no objection, the motion of the gentle- 
 man from Dallas [Mr. Kyle] may now be entertained. 
 
 Mr. GANTT. There is objection. If we are to go- through this thing, 
 in the way proposed, let it be done at once. 
 
 Mr. DUVALL [in his seat.'] Let us have it out in full. 
 
 Mr. MONTGrOMERY. I move to amend, by substituting, for ten o'clock, 
 half-past nine o'clock. [Cries of " No." " Let us go on."] 
 
 Mr. GANTT. Let us go through. 
 
 The PRESIDENT. If gentlemen insist upon the objection, the motion 
 for a recess cannot be entertained. 
 
 Several MEMBERS favoring and opposing, respectively, the proposition 
 for a recess, 
 
 Mr. HODGES, of Pulaski, said : If the call of the roll ha^ begun, any 
 motion is evidently out of order. ^ 
 
 The PRESIDENT stated that no such motion could be entertained if 
 any gentleman should object. 
 
 Mr. GANTT. I do object, very seriously, even if we do not get through 
 until daylight. 
 
 Mr. MOORE. I object, also. We can sit here as long as anybody.' 
 
 Mr. McCOWN. As I have before supported the motion, thinking it in 
 order, I advocate it again, for the same reason,— for myself and for the 
 
 rest of us. 
 Mr. GANTT. I rise to a point of order. There is no motion before the 
 
 Convention. 
 
 Mr. McCOWN. There is a motion before the Convention. 
 
 The PRESIDENT. The motion is withdrawn. 
 
 Mr. GANTT. I submit that, even were a motion to adjourn before the 
 Convention, such a motion is not debatable. 
 
 Mr. McCOWN. I move that we take a recess. 
 
 Mr. GANTT. The motion is not in order, in any way. 
 
 A MEMBER [to Mr. McCowN.] If you want to make a speech, go ahead. 
 
 Mr. McCOWN, Well, I do. 
 
 Mr. GANTT. I object. 
 
 41 ( 641 ) 
 
1868.] DEBATES AND PEOCEBDIKaS OF THE [Mondaj 
 
 TheConstitution.—GANTT—McCOWN— BRADLEY— HINKLB. 
 
 The PRESIDEIS'T. The Chair is of opinion that as two names hav( 
 been called upon the roll, not even a recess can be taken, unless by unani 
 mous consent. 
 
 . Mr. McCOWJST. I appeal from the decision of the Chair. The utmosi 
 latitude has been allowed, here ; and if we have any right to express ar 
 opinion, or to inform ourselves, we ought to be allowed it. 
 
 The PEESIDEISTT said : The Chair would be inclined to favor a recess ; 
 but the rule of parliamentary law does not permit the motion to be enter- 
 tained. 
 
 Mr. McCOWN not insisting upon his appeal, 
 
 THE CONSTITUTION — AGAIN, 
 
 Mr. GANTT said ■: I make no objection to the gentleman [Mr. McCown] 
 ventilating hi? opinions upon the Constitution. 
 
 Mr. MoCOWN. I want to have an opportunity to inform myself upon 
 the subject. 
 
 Mr. GAN'TT [to Mr. McCown.] You have been in the caucus that ma- 
 tured it ; and you ought to know it. 
 
 Mr. BRADLEY. I hope gentlemen will all be patient, while the Con- 
 vention is in labor, and that the pains will not cease until that thing is 
 born. 
 
 Mr. HINKLE. I do not present myself for the purpose of making a 
 regular set speech ; for I am one of those " old Arkansans," and, of course, 
 you couldn't expect one of them to make a regular set speech. I was in 
 hopes that the gentlemen who have occupied the time of the Conven- 
 tion, in .debate, for the last three or four weeks, would have sat still, this 
 evening, and allowed the few old Arkansans here to have had a word ot 
 two to say. The course that has been taken, here,- has been frittering 
 away the time, and the "dear people's" money, and to to advantage. [A 
 pause.] 
 
 MEMBERS [in their seats.] Go on, 
 
 Mr. HIKKLE. Whenever Mr. President gets done caucusing, I will, 
 [Laughter.] 
 
 The PRESlDEisTT. Proceed with your remarks. Sir, 
 
 Mr, HENXLE. As I have said, you couldn't expect an Arkansan tc 
 make a set speech ; but there is one thing that I assure you of,— whenevei 
 I get my glasses on, I can see just as far into a millstone as the man thai 
 picks the eye. [Laughter,] My constituents, of Conway County, elected 
 me to defend their rights in this Convention. They expected me to have 
 some hand in the framing of this Constitution, How much have I had tc 
 do in it ? Who, sir, have been put on all the Committees ? K"ew-comers 
 It was due to the old Arkansans, It was due to them. Have any o 
 them — with small exception — had any hand in the formation of this Con 
 ( 642 ) 
 
Feb. lOth.J AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— HINKLB. 
 
 stitution ? We who have broken the cane in Arkansas, know what suits 
 the people. We know exactly. 
 
 I can tell you more than that. I am an old practitioner of medicine. I 
 have been at the birth of many a child; and I never knew force-work to 
 do any good, yet ; it is always attended with danger, and has never failed, 
 in anj' instance in my experience, to do mischief. [Laughter and applause.] 
 Assist nature, and you will get along well, and procure an easy delivery 
 and a happy and quick recovery. 
 
 I tell you, sir, in all candor, that with the weight that is hung to that Con- 
 stitution, you never can carry it through. I know it; and you will find it 
 out. You know, very well, the objections I have to it. I have not kept 
 them a secret from you. I could not do it. I was promised that it should 
 be made to appear all right. But now that it has come to light, does it 
 appear as I wanted it ? 'Eo, it does not; and it lacks a good deal of it. 
 In the first place, I want to know why these five Judges of the Supreme 
 Court are appointed, for this little State of Arkansas. [Applause.] Three 
 have always attended to the business, and are amply able to do it now. / 
 can tell you the reason — as big a fool as I am ; — there is some one who 
 wants a position, and there is no room for hinx.! [Much laughter and ap- 
 plause.] That is one of the features of this Constitution, to which I enter- 
 tain a great objection. I warrant that but for the object of making room 
 for two more office-holders, the three Judges would have satisfied you ! 
 
 The next point to which I object, is, prohibiting the Governor, the 
 Lieutenant-Governor, and all the officers of the Executive Department, 
 from ever holding any other office until the term for which they were 
 elected shall have expired. JSTo diflference how much the people want them, 
 or how much the people call on them, they cannot take the new position. 
 Even if they resign, they cannot take another office. What is the reason 
 for this, sir ? I can tell you, very well — as big a fool as I am ; — I see into 
 the trick, in a minute ! [Xaughter and applause.] There is a certain man, 
 up North, that might be in the way of a certain other man's getting into 
 the United States Senate. [Laughter.] That is the reason for this clause 
 of the proposed organic law of Arkansas. And that clause is another of 
 those to which I object, and seriously, too. 
 
 Another objection which I find, is to the six years' term for the Circuit 
 Judges. Now, if the " old Arkaneans " had set to frame this Constitution, 
 I could have selected three common old ordinary, illiterate Arkansans, 
 who in one week could have arranged that matter quite as well as all the 
 wisdom that has been here. I think the four years' term plenty long 
 enough for a Circuit Judge. If he does not perform the duties of his 
 position well, we want to have some opportunity of getting him removed; 
 if he does, we are willing to re-elect him, and keep him there as long as 
 he does well. 
 
 ( 643 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 The Constitution.— HINKLE—DUV ALL. 
 
 My next objection is to the provision on the subject of the poll-tax. You 
 prohibit us, nearly, from raising any revenue. Many have nothing upon 
 vi^hich to pay taxes, unless it be a poll-tax; and it may be, probably, that 
 some of those who are running for high position, pay no other, — if they 
 pay that. We must have a revenue. Government has to be supported; 
 and under this system of taxation, those who have a little will soon have 
 nothing to exempt. You exempt their homesteads from taxation. Why, 
 sir, exempt from execution what sum you will, and under this system of 
 taxation the property of those who own but a moderate amount, will.soon 
 be so eaten up by taxes that the exemption will be futile. 
 
 The great objection that I have to the apportionment, is this. The citi- 
 zens of the State have not been consulted on it. The citizens are here, 
 through their representatives. Men who know the condition of the coun- 
 try have not been consulted. Certain men have made this apportionment 
 to their notions, without consulting those sent here to represent the inter- 
 ests of the people. I am inclined to think that I represent as loyal a 
 county as there is in the State. I can vouch for Conway County. The 
 people of that County look to me for protection ; and if I cannot give 
 them any privileges, how can / protect them ? They will protect them- 
 selves, when they come to the ballot-box, just as certain as the day comes 
 round. 
 
 Mr. DUVALL. I do not propose to detain this Convention long. Ifor 
 had I intended to say anything. But, sir, I have serious objections to 
 this Constitution. If I know myself, I desire the interest of my country. 
 I am satisfied that the Constitution here proposed will never lead to the 
 good of the people of Arkansas. I feel somewhat like the gentleman on 
 the opposite side of the house. I claim to have some few rights, myself. 
 I am an American-born citizen. I have been loyal to my country. I 
 have supported her in her trials. But we have presented to us, here, to- 
 night, a Constitution, under which, I say conscientiously, as a man, I can- 
 not exercise the right of an American citizen. I am unwilling, and I 
 believe every honest white man in the State of Arkansas is unwilling, to 
 swear universal equality, political and social, as that oath will compel us 
 to do as a condition precedent to registration and suffrage. Is this justice, 
 is this honorable, — that any body of men, for political purposes, should 
 attempt to force upon men whose loyalty is undoubted, an oath which 
 they cannot conscientiously take, and at the same time to enfranchise a 
 class or race of people, who are not capable of exercising the elective 
 franchise ? They are not capable of making their own contracts. You 
 have a Bureau established, here, and all over the country, to make their 
 contracts and effect their settlements. Is any race of people capable of 
 exercising the elective franchise, that is not capable of making its con- 
 tracts ? It certainly is not ; and, I repeat what I have said before, they 
 ( 644 ) 
 
Fob. 10th.] ARKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 TheConvention.—DUVALL—GKEY—JOHJSISON— MONTGOMERY. 
 
 are not citizens of the United States. They claim the elective franchise 
 as their right. They talk of their bones bleaching upon the field ! If 
 they were citizens, I ask them, why did not the Government draft them 
 into the service, as it did with white men ? They were not recognized as 
 citizens. 
 
 Mr. GREY, of Phillips. They did draft us, in the Northern States. 
 
 Mr. DUVALL [to Mr. Grey.] I would like you to show me the proof. 
 I was in the service; and I do not suppose any of you were. 
 
 A [colored] MEMBER. I served for three years. 
 
 Mr. DUVALL. How many more of you ? 
 
 Mr. JOHlSrSOE'. I am an old soldier; and I expect to stick to it. 
 
 Mr. DUVALL. If you were in the Army, you were not in the same 
 sort of troops with whom I served, and were not placed with them on 
 duty. 
 
 Mr. JOHKSOiN'. I have soldiered among them, and slept among them, 
 and fought among them. 
 
 Mr. DUVALL. I know how it was where I served. 
 
 Mr. MONTGOMERY. I desire to state to the gentleman 
 
 Mr. DUVALL. If the gentleman desires to speak, I will yield the floor. 
 
 Mr. MONTGOMERY. I was myself a soldier ; and I have made a hun- 
 dred details of negro troops, for provost duty. 
 
 Mr. DUVALL. I know they were on provost duty — and how the thing 
 ran. 
 
 Sir, I want these men to have protection. They are not responsible for 
 their position; and I know I am honest when I ask that protection for 
 them. I feel a sympathy for the race. But I have seen manifested here, 
 to-night, upon this floor, coming from that side of the house, the very 
 spirit that will wage a war of extermination between the two races. Was 
 there a man so blind that could not see the vindictive spirit that boiled in 
 the heart of the gentleman [Mr. Murphy], when he stood upon the floor, 
 here, before ? None could fail to see it. Sirs, when the white race is to 
 be disfranchised, and put beneath the other, how will the plan work? It 
 lis for the interest of the black race that I say, they should be protected, 
 but not put above my own. 
 
 This Constitution, sir, proposes to tax me and my children to educate 
 that race, while but few of them are to pay any taxes. I cannot support 
 such a provision. 
 
 Mr. JOHNSON. I rise to a point of order. 
 
 Mr. DUVALL [to Mr. Johnson.] I yield the floor to you, if you want 
 to talk awhile. 
 
 Mr. JOHNSON. You forget how long we worked for you, in a state of 
 slavery, to give you the means by which you have been educated ; and 
 now we want to come upon a level with you. 
 
 ( 645 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Monday, 
 
 The Constitution.— DUV ALL— HINDS. 
 
 [Mr. DuvALL having taken his seat,] 
 
 The PEESEDENT asked: Does the gentleman from Lawrence [Mr. 
 DuvallJ wish to proceed with his speech ? 
 
 Mr. DUVALL. No, sir ;• i don't propose to have anything more to say 
 in this body. 
 
 The PRESIDENT. Do any more gentlemen wish to speak ? 
 
 Mr. HDfDS. The Constitution submitted to the Convention by the 
 Committee, is one which should claim the support of every person who 
 desires the preservation, the advancement, and the renown of the State. 
 It is a Constitution which guarantees to all the citizens of this State equal 
 rights. It is a Constitution that secures no rights, privileges, or immuni- 
 ties, to any one individual, that are not equally secured to all persons within 
 the State. It seems as though no gentleman who desires that security 
 and protection which can but result from a restoration of the State, and 
 establishment of a loyal government, should object to the adoption of this 
 instrument. The Constitution under which the people of this State have 
 lived for the last thirty years, and under which the gentleman upon the 
 left [Mr. Moore] seems willing still to live, does not guarantee those equal 
 rights that are secured by the provisions of this Constitution. For forty 
 years Arkansas has been in the hands and under the control of a set of 
 political vampires, who have robbed the people of this State of the mu- 
 nificent donations made the State, by the General Government, for school 
 purposes. As a result there is scarcely a public-school-house within the 
 broad limits of the State. "With all the means at their command, no pro- 
 vision has ever been made for the education of the masses. 
 
 Mr. DUVALL. I call the gentleman to order. I wish him to confine 
 himself to the discussion of this Constitution, and not go back and rake 
 up the ashes of the history of the State for thirty years past. 
 
 Mr. HINDS. I desire, in calling attention to the past history of Ar- 
 kansas, to show that its political and financial managers have been enabled 
 under the old Constitution to reduce the State well-nigh to a condition of 
 bankruptcy and ruin. I wish to show that should we adopt this Consti- 
 tution, which not only enumerates great principles, and guards and re- 
 stricts those clothed with power thereunder, but guarantees to every per- 
 son within the limits of the State the equal protection of the law, we shall 
 be doing our duty to the people whom we represent, and "shall be consult- 
 ing their best interest. 
 
 The gentleman objects mainly to the provision which disfranchises cer- 
 tain classes of the citizens of the State. Sir, no man is disfranchised by 
 the provisions of this Constitution, unless he disfranchised himself. The 
 Constitution only provides thus : that those who have sought to destroy 
 the Government, and still seek to destroy it, and stab at itsvitals, shall be 
 disfranchised. It is not safe to allow this State to be ruled by men who 
 ( 646 ) 
 
Feb. 10th.] AEKANSAS OOlSrSTITUTIOlSrAL CONVENTION. [27th Day. 
 The Constitution.— HINDS— MOORE. 
 
 have, by their past action and by their present course, evinced themselves 
 the enemies of the Government. It is not safe for the people ; it is not 
 safe for the Republic. This Constitution provides that the ballot — a 
 mighty power in the hands of the people — shall be wielded for the protec- 
 tion of the loyal people of this State. Under this Constitution the ballot, 
 a weapon firmer set and better than the bayonet, a weapon that 
 
 " Comes down as still 
 
 As snow-flakes fall upon the sod, 
 But executes a freeman's will, 
 As lightning does the will of God," 
 
 is placed in the hands of the ' 
 
 Mr. MOORE [in his seat.'] Colored men. 
 
 Mr. HINDS. — Of the loyal, honest men of the State of Arkansas — those 
 who seek not to destroy the State by treason, but seek to preserve rather 
 than destroy it. 
 
 We are told that the negro would be protected in his rights, even were 
 he not allowed the ballot. Yes, indeed ! but it would be such protection 
 as is given to the lamb when in the jaws of the wolf! The protection 
 which he gets will be that which the ballot gives him. The rich man, 
 the man of influence in society, can well get along without the power 
 which the ballot gives. But, sir, it is the only protection of the weak ; 
 and it should be given to him as an instrument for his self-protection. It 
 is indispensable, to the safety of the rights and interests of these people, 
 formerly enslaved, but now made free, .that they should be clothed with 
 ' this power. 
 
 Mr. MOORE. I desire to ask the gentleman a question. I do not desire 
 to interrupt any gentleman ; but I was myself several times interrupted 
 in the remarks that I made, and I hope the gentleman will not think hard 
 if I interpose a question. I wish to ask him if he does not think the ballot 
 in the hands of the colored people is his only means of riding into the 
 United States Congress? 
 
 Mr. HINDS. E'o, sir; not the only means. We expect the loyal white 
 men of the State to come up to our support. 
 
 Mr. DUVALL [in his seat.} There will not many of them do it. 
 
 Mr. HINDS. We expect those men who have fought by our side,— 
 who have come up to our help before to-day,— to stand by us now as here- 
 tofore. 
 
 Mr. MOORE. There is another question which I want to ask the gentle- 
 man—I wish to ask him if he has ever done any fighting? 
 
 Mr. HINDS. Yes, sir. I will give the gentleman an answer. 
 
 Mr. MOORE. Got any scars? 
 
 Mr. COATES [in his seat.] He probably paid some one else to do it, if 
 
 he didn't. 
 
 I 647 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Monday, 
 
 The Constitution.— HINDS. 
 
 Mr. JOHFSON" [in his seat.'] And we'll do it for him again. 
 
 Mr. HINDS. Yes, sir; we served our time out in the United States 
 Army, as a soldier, were honorably mustered out, and have our discharge, 
 dated 1864. [Applause.] 
 
 Sir, I say these men who fought by our side, and came up to the sup- 
 port of our Government in her days of peril, are asking nothing more 
 than their right ; and we expect that they will not only support us, but 
 they will support the Government now as strongly as they did when these 
 men sought to overthrow it by armed force. 
 
 The gentleman from Ashley*[Mr. Moore] says that the country would 
 have been reconstructed long ago, had it not been thought that the col- 
 ored men could wield the ballot, and thereby contribute to throw the po- 
 litical control of this country into the_ hands of the Eepublicans. Yes, 
 indeed; it would have been a fine reconstruction! The spirit that was 
 alive in this State the last winter, when the Legislature met in these halls, 
 would have been ^he spirit that would have animated the people of this 
 State, in the matter of reconstruction — such reconstruction as I think 
 no loyal, honest man in the State could desire. 
 
 The gentleman says that to give the ballot to the negro will be the 
 engendering of strife. !Now, sir, during the history of this war, and since 
 the war, we think no event has transpired that could warrant such an 
 assertion. We think it necessary for the protection of this Government — 
 not only of the colored man but of the Government, — that the colored 
 man should have the right of suffrage. Other nations, in other times, have 
 found it dangerous to their peace and preservation to permit a large class 
 of their people to be disfranchised, and denied a voice in the afl:'airs of 
 government. That formed one of the causes of revolution in the Old 
 World. That marked the close of the last century, when revolution fol- 
 lowed revolution, like the successive waves of the ocean, in France, — 
 when violence and horror reigned triumphant on her vine-clad hills, when 
 every home was made the home of wretchedness, and every heart the seat 
 of woe — that was one of the main sources of the fearful disturbance of 
 society and government. That to-day forms one pf the reasons why Eng- 
 land, in her capital, calls to her aid twenty thousand special police, for the 
 protection of her citizens — it is because a large portion of her people are 
 excluded from those rights which every people and all men should be 
 allowed to exercise. Congress saw this — the statesmen of this country 
 saw it, and saw the necessity of giving into the hands of these men, num- 
 bered by millions, the power to protect themselves and at the same time 
 to protect the Government. 
 
 The gentleman asks,— will your old citizens allow " carpet-sack men " 
 to ruin our young and noble State? Well, it would be a pity for carpet- 
 sack men to come down here and ruin Arkansas ! I do not think it would 
 
 ( 648 ) 
 
Feb. lOth.J AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— HINDS— MOOEE. 
 
 be possible for any community to have any worse rulers than we have 
 had. The State of Arkansas was admitted into the Union in 1836. She 
 is not to-day as far advanced, in civilization, in population, in wealth, in 
 power, as territories which were admitted into the Union in 1849. And 
 why is it? Why is it that there is universal bankruptcy and ruin prevail- 
 ing in the State ? Perhaps the gentleman can inform me. It is the con- 
 sequence of the folicy that has been pursued in this State, The soil is as 
 rich, the rivers are as large, the mines are as productive, as those of any 
 other State. The State has had an equal advantage, so far as donations 
 of public lands are concerned, the Grovernment has as bountifully provided 
 for the setting apart of lands for school purposes, as in the case of other 
 States; yet while, to-day, we find, in other States, fifty-two school-houses 
 built to every one hundred square miles, in Arkansas there is scarcely a 
 single house built specially for school purposes, within the State limits. 
 Why is all this, I ask. It is because the men who have controlled her 
 destinies ruined the State. One of the provisions of this new Constitution 
 which is submitted by the Committee, is, that the Legislature shall pro- 
 vide, by setting apart a suflicient amount of the revenue of the State, for 
 the education of the children of the State. Not black children — not 
 white children — but the children of this State are to be provided for, so far 
 as regards the attainment of an education. Gentlemen, surely, can hardly 
 object to this new provision — and it certainly is new. 
 
 The gentleman from Ashley complains as to the apportionment. He is 
 inclined to believe that Ashley should not be put alongside of Chicot, 
 Desha, and Drew. We are inclined|to believe that the apportionment is 
 made in such a way as to give representation, in the next Legislature, of 
 loyal men. Those are the men for whom we propose to legislate. 
 
 Mr. MOORE. I desire to ask the gentleman another question. I would 
 like to ask him if by his system of apportionment he will not send a dark 
 cloud over Ashley County. 
 
 Mr. HINDS. We think it would be impossible to send a darker cloud 
 over the County of Ashley, than is over it at present. 
 
 Mr. MOORE [/« Ms seat.'] That merely shows that the gentleman has 
 never been out of Pulaski County. 
 
 Mr. HESTDS. I understand the County of Ashley to be in about the 
 same condition with other counties in the State. I understand that she 
 has not many school-houses, that ruin and bankruptcy is prevalent there ; 
 and we desire to improve the condition of that County, by providing a 
 loyal government for her as well as for other counties of the State. 
 
 The gentleman says it is proposed to disfranchise the intelligence of the 
 country. What shall we consider as the intelligence of the country? Is 
 it not proper and right, in or'der to determine what intelligence there hag 
 been in the country, to ask what is the condition of the country ? Is not 
 
 { 649 ) 
 
1868.] DEBATES AND PEOCBEDIJSrGS OF THE [Monday, 
 
 TheConstitution.— HINDS— HINKLE— MOORE— CTPEET. 
 
 that a very good criterion to go by? If the intelligence of the country 
 has for the last thirty years had the control of Arkansas, for God's sake 
 keep us from any more such intelligence ! [Laughter and applause.] Let 
 us have no more intelligence of that kind ! 
 
 Mr. HINBLE. Let me explain one word, as respects my County 
 [Conway.J I wish to let you know that there are but two men in Con- 
 way County that are bankrupt. 
 
 Mr. MOORE. And I desire to say that there are but four men in Ash- 
 ley County that are bankrupt; and they are able to pay their debts, and 
 are quite as good men as any others in the County. 
 
 Mr. HINDS. In Conway I understand that the people are thoroughly 
 loyal; and that is probably the reason why they have no bankrupts'there. 
 [Laughter and applause.] 
 
 Mr. CYPEET. How is it with Pulaski? [Laughter.] 
 
 Mr. HINDS. Pulaski is in a bad fix and she knows how to get out of 
 it. Four-fifths of the votes cast at the recent election were given for the 
 Convention, and nearly a unanimous vote will be given for the ratifica- 
 tion of the Constitution. The gentlemen say they are willing to give the 
 negro his civil rights,— the right to testify, to sue, and to be sued. How 
 long have they been in favor of extending to them these rights even ? Is 
 it not a somewhat new thing ? — has it not occurred since the passage of the 
 law giving them those rights by Act of Congress ? 
 
 Mr. MOORE. That is a question addressed directly to me, I imagine. 
 
 Mr. HINDS. Yes, sir. 
 
 Mr. MOORE. Then I answer, — $To, sir ; the moment the negro was 
 turned loose upon the country, I, and my people, were willing to give 
 him all his rights. My people 'are as loyal, they are as honest, they 
 have as many school-houses, as any people in Arkansas; and they do 
 not expect any apostle from a distant land, like the gentleman upon the 
 floor, to come around and enlighten them. If he thinks so, and shall 
 come there and attempt to enlighten them, they will look upon him aa 
 the ancients did upon Judas Iscariot! 
 
 Mr. HINDS. The gentleman don't want his people to be enlightened 
 more than at present ? 
 
 Mr. MOORE. Not from you, sir. 
 
 Mr. HINDS. I was about to say, that they were in a pretty enlightened 
 state, if they didn't wish any more knowledge. 
 
 As regards the rights of the colored man, of which I was speaking, I 
 think the gentleman may be an exception— if his doctrine is as expressed 
 — to most of the gentlemen with whom he associates; for I think it has 
 been the disposition of gentlemen occupying the same side, on this ques- 
 tion of reconstruction, with himself, to oppose the grant of any civil 
 rights to the negro. 
 ( 650 ) 
 
Feb. 10th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27tli Day. 
 The Constitution.— GANTT— HINDS. 
 
 Mr. GANTT. I will interpose an objection, there, for myself at least. 
 I was a member of the last General Assembly of the State of Arkansas. 
 I made a canvass, involving that very question ; and upon that question, 
 mainly, in the canvass, I was elected. In the last General Assembly, I 
 voted, and labored, for the passage of a law now upon the statute-book of 
 Arkansas, which gives to the people of color all their rights before the 
 law. 
 
 Mr. HIN"DS. Perhaps the gentleman, then, was one of those who, when 
 the bill first came up, before that Legislature, for passage, voted with the 
 majority. The gentleman will recollect that upon the first vote, it was 
 defeated; and, if my recollection is correct, no reconsideration of that 
 vote was had until after the Judge of the City Court had been arrested 
 for violation of the provisions of the Civil Eights Law, in refusing the 
 •testimony of colored persons ; and that the vote, which had stood, thirty- 
 two in favor, and thirty-eight against the measure, until the occurrence 
 of that event, was then reconsidered, and thereupon stood, thirty-eight in 
 favor to thirty-two against. 
 
 Mr. GANTT. I do not remember how the vote stood. I can only 
 speak of myself. I voted, persistently, from beginning to end, for the 
 extension, to that class, of all their rights before the law. Prior to that 
 time, when a large majority — almost the entire black population of the 
 State — were slaves, I was disposed, and the law was disposed, to extend 
 to those of them who were free, all their rights before the law. Prior to 
 the time of which I speak, a black man who was a freeman was entitled 
 to bring suits in the courts of the country. And when the mass of that 
 class of inhabitants, who had previously been held as slaves, were emanci- 
 pated, I was willing to extend to them all those rights; and there has 
 never been a time, since the surrender, that I have been unwilling to give 
 them those rights. 
 
 Mr. HINDS. Are those not the facts — that the Legislature persistently 
 refused to pass the bill awarding the negro the right to testify in the 
 courts, at all, until after the 'Judge of the City Court was arrested for 
 violation of .the Civil Rights Act ; and that after that event reconsideration 
 was had, and the bill finally passed, and became a law ? 
 
 Mr. GAJSTTT. I will answer the gentleman, in all candor. I do not 
 remember the occurrence of the arrest ; but I will state this : that, in the 
 first instance, the bill was defeated in the Legislature; and that it after- 
 wards passed. The state of the vote, upon either occasion, I am not now 
 able to give; nor do I remember that the fact of the occurrence of the 
 arrest, for any reason, at all controlled the action of the Legislature. 
 
 Mr. HINDS. The gentleman 'can perhaps answer the question why it 
 is that those opposing reconstruction, to-day, are opposed to giving the 
 colored man the right to sit upon juries. Gentlemen say they are in 
 
 ( 651 ) 
 
1868.] DEBATES A]!fD PEOCBBDINGS OF THE [Tuesday, 
 
 The Constitution.— HINDS— GANTT—CYPEET-BEADLBT. 
 
 favor of giving him civil rights. I would ask the gentleman if he is in 
 favor of giving the colored man the right to sit upon juries. 
 
 Mr. G Al^TT. If the gentleman desires my answer, I will give it. I am 
 not in favor of putting the colored man in the jury-box; and for this 
 f eason : that where you will find one of intelligence qualifying him to 
 pass in judgment upon the questions involved in a jury trial, you will find 
 a thousand who are not. 
 
 Mr. HIJSTDS. I thought that some, at least, objected to giving the col- 
 ored people their civil rights! 
 
 Mr. CYPERT. Does the gentleman regard it as a right, to sit upon a 
 jury? 
 
 Mr. HINDS. Yes, I do. 
 
 Mr. CYPERT. Has it not always been imposed as a duty, or a burden, 
 to d6 military duty or sit upon a jury? I ask the gentleman if to seek to 
 be placed on a jury would not disqualify a juryman for his position. It is 
 a duty, not a right. 
 
 Mb. hinds. That might be, so far as a special jury, for the trial of a 
 particular case, is concerned. It probably is. But so far as the great 
 right of being a juryman is concerned, we say, no class should be de- 
 prived of its exercise who have not forfeited it for crimes committed. 
 
 Mr. MOORE. I ask the gentleman if he regards it as the right of every 
 man to sit upon a jury. 
 
 Mr. HINDS. Yes, sir — every honest loyal man. 
 
 Mr. BRADLEY. I think the debate is pi-oceeding too slowly. I hope 
 the gentleman will be allowed to proceed without interruption. 
 
 Mr. HINDS. If the gentleman from Bradley [Mr. Bradley] does not 
 wish me to be interrupted, I hope he will persuade his friends to desist 
 from interruption. 
 
 Mr. BRADLEY. I will have to hasten the birth, directly, if 
 
 Mr. GANTT. I hope the gentleman [Mr. Hinds] does not apply his 
 remarks to me. 
 
 Mr. HINDS. No, sir. 
 
 Mr. MOORE [in his seat.'] Nor to me. [Laughter.] 
 
 Mr. HINDS. So far as civil rights are concerned, I believe every Re- 
 publican is in favor of giving the colored man the right, not only to vote, 
 but to sit on a jury, and every other right that man claims to exercise. I 
 say that that man who is excluded from the right of sitting upon a jury, 
 and of giving evidence in court, is not allowed those rights which should 
 be given to every citizen in the State, not prohibited, in consequence of 
 crime, from their exercise. The power that is given by the ballot, will 
 enable him to protect himself— he will need no other protection. If the 
 judge who sits upon the bench does not deal justly by him, then, if it be 
 within his power to effect, by due course of the ballot, the removal of that' 
 ( 652 ) 
 
Feb. 11th*] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution— Eeceas.— BROOKS— BRADLEY— GANTT. 
 
 judge, he is secured in his rights; if not, then I say he is not in possession 
 of the rights that every citizen should enjoy. 
 
 The Constitution which has been submitted, is a live Constitution, 
 
 The PRESIDENT here interrupted the speaker, to say, in substance, 
 that the short-hand Reporter of. the Convention being vi^ithout assistance^ 
 and the debate having now, in addition to the session of the morning' 
 continued, without intermission, through the evening, till past midnight,' 
 the physical endurance of the Reporter must soon be exhausted, unless 
 a short recess should be taken. He therefore desired merely to notify 
 gentlemen who might wish to speak, that, unless a recess should be had, 
 their remarks might not be fully reported. 
 
 Mr. PIINDS. I was about to say, that the Constitution which has been 
 submitted, is a live Constitution. It is one which provides for the rights 
 of every citizen within the geographical limits of Arkansas; and I desire 
 to see it adopted, because it does insure and guarantee the rights of all the 
 people of this State. 
 
 Mr. BRADLEY. I would like to make a few remarks. I do not wish 
 to impose upon the Reporter. I wish to speak to this question, and speak 
 directly to it; and if the Reporter has physical strength to hold out for a 
 short time, I will proceed. 
 
 The PRESIDENT. The Chair will state, on behalf of the Reporter, that 
 it will probably be impossible for him to proceed with his duties much 
 longer, unless a brief recess shall be had. 
 
 RECESS — AGAIN. 
 
 Mr. BROOKS. I suppose the gentleman [Mr. Bradley] desires the 
 same privilege which others have had. Perhaps, when he enters upon 
 his subject, and becomes interested and animated, as he, and, doubtless, 
 otkers, will be, he will consume more time than he now expects. There 
 may be other gentlemen who desire to speak. I would say, that I think 
 it might be not amiss, and, perhaps, to the interest of all concerned, for 
 us to take a recess, and finish up tliis matter to-morrow morning. 
 
 Mr. BRADLEY. I am perfectly willing. 
 
 Mr. BROOKS. I think it is desirable, since this is a matter in which we 
 are all interested — the great crisis of the Convention, of the State, and of 
 the country-. I do not think we ought to drive it through. It is now after 
 midnight; the Reporter is exhausted; the gentleman from Bradley [Mr. 
 Bradley], and other gentlemen, desire their remarks reported. 
 
 Mr. GANTT. I understand, from the Secretary, that if the Reporter 
 
 * The twenty -seventh day's session of the Convention having here extended beyond mid- 
 night, the date at head of the page is changed accordingly. 
 
 ( 653 ) 
 
1868.] DEBATES AKD PEOCEEDINGS OF THE [Tuesday, 
 
 Eecesa.— GENERAL DEBATE. 
 
 could have a little rest, of ten, or fifteen, or twenty minutes, he could go 
 on with the reports. For one,. I should object to an adjournment ; and I 
 understand, from the decision of the Chair, that that single objection will 
 continue the session. I want this matter brought to a head to-night. 
 
 The PEESIDENT. These remarks are out of order. 
 
 Mr. MOORE suggested a recess of ten minutes. 
 
 Mr. BRADLEY said that ten minutes' recess, with opportunities of fresh 
 air and refreshment for the Reporter, would be desirable in every respect. 
 
 The PRESIDENT. By unanimous consent, a recess may be taken. 
 The calling of the roll has been commenced. The Chair knows no other 
 way in which the result may be reached. 
 
 Mr. HODGES, of Pulaski, favored a recess of fifteen minutes. 
 
 Mr. McCLURE. I now object to any more speeches. 
 
 The PRESIDENT. The Chair will state that if no objection shall be 
 made, gentlemen will be allowed to resume this debate, to-morrow, even 
 after the vote shall have been taken. 
 
 Mr. BRADLEY. I claim the fioor, to-morrow morning, unless the 
 gentleman from Phillips [Mr. Brooks] desires to speak, in which case I 
 wish to follow him. I don't want to shoot at small birds — I wish to shoot 
 at a big turkey. 
 
 Mr. BROOKS. The gentleman will undoubtedly be entitled to succeed 
 me in debate if he chooses. 
 
 The PRESIDENT. As gentlemen do not seem to be desirous of con- 
 tinuing the debate, the roll will be called. 
 
 Mr. MOORE. I hold this, then ; that if there is to be no more speaking 
 now, the roll is to te called, and no more speeches are to be made. 
 
 Mr. BRADLEY. I ask permission to speak briefly. I do not desire 
 that my speech shall be reported — I would not impose upon the Reporter. 
 
 Mr. McCLURE. I object. 
 
 Mr. SARBER. I suppose that no debate can be carried on except *y 
 unanimous consent. 
 
 The PRESIDENT. The gentleman [Mr. Sarbbr] is correct. 'The Chair 
 hopes, however, that gentlemen will be allowed to proceed. 
 
 Mr. BRADLEY. This is an important question. That is a peculiar 
 Con stitution 
 
 A MEMBER [Mr. Bradley retaining the floor'] suggested that the Con- 
 vention take a recess until the morrow morning at ten o'clock. [Cries of 
 "Object."] 
 
 Mr. McCOWN. Will the Convention hear me for one moment ? I have 
 not been a talking man 
 
 Mr. GANTT. I rise to a point of order. 
 
 Mr. McCOWN. I say, I have not been a talking man. I ask, injustice to 
 the gentleman from Bradley [Mr. Bradley], the Reporter, and ourselves, 
 ( 654 ) 
 
Feb. nth.] AEKANSAS COISTSTITUTIOKAL CONVENTION. [27th Day. 
 Kecess.— GENBEAL DEBATE. 
 
 that we take a recess. I, in common with others, want the gentleman's 
 speech reported. 
 
 The PRESIDENT. The difficulty arises from the fact that objection 
 has been made to further speeches. 
 
 Mr. GANTT. I rise to a point of order. The gentleman from Bradley 
 [Mr. Bradley] has the floor. The gentleman from Columbia — or Cal- 
 houn — I don't remember where he is from 
 
 Mr. McCOWlsT \_io Mr. Gantt.J I would like to ask you where you are 
 from. 
 
 Mr. BRADLEY. I cannot consent to be interrupted any further. 
 
 Mr. GAJSTTT. I will state, with due respect to the gentleman [Mr. 
 McCown], that I really do not know where he comes from. 
 
 Mr. McCOWN [to Mr. Gantt.] I really don't remember where you 
 come from. 
 
 Mr. KYLE. I must ask leave to say a word, here. 
 
 The PRESIDENT. There is objection to any further remarks. 
 
 Mr. GREY, of Phillips. I move a recess to half-past nine o'clock, to- 
 morrow morning. 
 
 Mr. BRADLEY \_to Mr. Grey.J You are an honorable man, sir, de- 
 spite your color, and your kinky hair; and I have found you such. I 
 wish to speak upon this subject. 
 
 The PRESIDENT. The gentleman from Bradley [Mr. Bradley] will 
 come to order. The Chair is very anxious to listen to the gentleman's re- 
 marks ; but the point of order must be settled. Gentlemen object; and the 
 Chair must adhere to well-recognized rules of parliamentary proceedings. 
 
 Mr. MoCLURE. I have no objections to this matter going over till to- 
 morrow morning; but otherwise, I must object to any further debate. 
 
 Mr. REYNOLDS. The gentleman from Bradley [Mr. Bradley] had 
 the floor, and had commenced speaking before any objections were made. 
 
 Mr. SARBER. I call the gentleman's attention to the motion that was 
 made. 
 
 The PRESIDENT. The Chair has no recollection of any motion pre- 
 sented. 
 
 Mr. MoCOWN. This matter has been opened for debate ; and it will 
 not be proper to crush any man out. 
 
 Mr. MONTGOMERY. The gentleman has five minutes, in which to 
 speak, when he votes. 
 
 The PRESIDENT. The Chair repeats that the debate is open by unani- 
 mous consent, and that without unanimous consent, it cannot go on. 
 
 Mr. GANTT. I object to any further debate. 
 
 The PRESIDENT. The gentleman from Prairie [Mr. Gantt] objects: 
 neither debate nor a motion for recess, therefore, is allowable. The roll 
 will be called. 
 
 ( 655 ) 
 
1868.] DEBATES AND PEOOEEDIKGS OF THE [Tuesday, 
 
 The Constitution.— the" VOTE. 
 
 THE CONSTITUTION — EBSUMBD. 
 
 Mr. BRADLEY. Will I be allowed to explain my vote, when the roll 
 is called? 
 
 The PRESIDENT. Yes, sir. 
 
 Mr. MOISTTGOMERY. I move a call of the house. 
 
 Mr. BRADLEY. I rise to a privileged question. Men who are in favor 
 of " equal rights before the law," certainly will not suffer some men to 
 speak half an hour, and then choke others down. 
 
 Mr. HODGES, of Pulaski. I know the two gentlemen who object, — the 
 one is the gentleman from Arkansas [Mr. McClure], and the other is the 
 gentleman from Prairie [Mr. Gantt]; and, knowing them, I do still hope 
 that the greatest latitude will be given. I wish to clear myself of this matter. 
 
 Mr. GANTT. I desire to read Rule XXI : 
 
 "Any member may move a call of the Convention, and if sustained by one- 
 third of the members present, the roll shall be called, and absent members 
 sent for. After the roll is called, no member shall be permitted to leave the 
 room until the report of the Sergeant-at-Arms be received, or further proceed- 
 ings in the call be suspended by a vote of the majority of the members present." 
 
 A call of the house was ordered. 
 
 The SECRETARY proceeded to call the roll. 
 Pending the call of the roll, ' 
 
 A quorum of the members of the Convention having answered to their 
 names. 
 
 The PRESIDENT directed that the call of the house be discontinued. 
 
 The PRESIDENT then directed the Secretary to proceed with the 
 call of the roll upon the question of the adoption of the Constitution, its 
 Schedule, and Ordinance, as reported by the Committee on the Constitu- 
 tion, its Arrangement and Phraseology. 
 
 The question was taken ; and it was decided in the affirmative, — ^Yeas 
 45, Nays 21, as follows : 
 
 YEAS: 
 
 Solomon D. Belden, William H. Geey, of Phillips, 
 
 Moses Bell, John "W. Harrison, 
 
 Walter W. Brashear, Eobert HiATriELD, 
 
 Joseph Brooks, Monroe Hawkins, 
 
 Daniel Coates, James Hinds, 
 George W. Dale, ■ James L. Hodges, of Pulaski, 
 
 Amos H. Evans, J. A. Houghton, 
 
 Solomon Exon, . John H. Hutchinson, 
 
 James M. Gray, of Jefferson, Thomas P. Johnson, 
 ( 656 ) 
 
Feb. llth.J AEKANSAS CONSTITUTIONAL CONVENTION. [27tli Day. 
 
 The Constitution.— THE VOTE.— ADAMS. 
 
 Gatle H. Kyle, 
 Miles Ledpord Langley, 
 Samuel W. Malloey, 
 James W. Mason, 
 Peter G. Misner, 
 Jesse Millsaps, 
 John E. Montgomery, 
 William Murphy, 
 George W. MoCown, 
 John McClure, 
 Charles H. Oliver, 
 Frederick E. Poole, 
 John C. Priddy, 
 Nathan N. Eawlings, 
 
 Henry Eector, 
 
 Franklin Monroe Eounsaville, 
 F. M. Sams, 
 Eichard Samuels, 
 John N. Sarber, 
 George S. Scott, 
 Clifford Stanley Sims, 
 Thomas Smith, 
 O. P. Snyder, 
 James T. White, 
 Parley A. Williams, 
 William A. Wyatt, 
 The President (Thomas M. Bowen.) 
 Total. 45. 
 
 NAYS: 
 
 W. W. Adams, 
 William A. Beasley, 
 John M. Bradley, 
 Joseph H. Corbell, 
 J. N. Cypert, 
 
 BOULDIN DuVALL, 
 EOBERT S. GaNTT, 
 
 WiLHiAM F. Hicks, 
 Anthony Hinkle,* 
 James M. Hoge, 
 Samuel J. Matthews, 
 
 W. D. Moore, 
 George W. Norman, 
 James P. Portis, 
 
 E. G. PUNTNEY, 
 
 W. W. Eeynolds, 
 James H. Shoppach, 
 E. C. Van Hook, 
 Charles W. Walker, 
 Ira L. Wilson, 
 Joseph Wright. 
 
 Total, 21. 
 
 ABSENT AND NOT VOTING: 
 
 Hampton T. ALLEN,f 
 W. H. Gray, of Woodruff,t 
 Asa Hodges, of Crittenden,J 
 William G. Hollis,§ 
 
 Elijah KELLY,f 
 Thomas OwEN,f 
 W. H. Pickett, f 
 Ham. W. Eatclipfe.I 
 
 Total, 8. 
 
 So the Constitution, its Schedule, and Ordinance, were adopted. 
 
 * 
 Pending the call of the roll : 
 
 [Mr. ADAMS appended his name to a written explanaition filed by Mr. 
 
 Gantt, and which was spread upon the Journal.j 
 
 * Subsequently changed his vote to Aye. 
 
 t Never appeared in the Convention. 
 
 J Absent as messenger of the Convention to Hdqrs. 4th Military Dist. 
 
 I Sick. 
 
 II Had not yet taken his seat in the Convention. 
 
 42 { 657 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 The Constitution.— BEASLET. 
 
 Mr. BEASLET (when his name was called) said : I have ever been a 
 Union man* I was elected here as a reconstructionist, upon the Congres- 
 sional plan ; and I am still in favor of reconstruction upon that plan. I 
 have labored for it, and have voted for every measure that did not go 
 beyond that. But I am obliged, in the conscientious performance of my 
 duty as a member of this body, to say, that I consider the Constitution 
 now suddenly proposed for our summary action, and which, by a vote of 
 the Convention, we are compelled at once to approve or reject, in all its 
 features, unfair in its provisions, and oppressive beyond the expecta- 
 tions of my people. I was sent here to give all the people equality before 
 the law. I was sent to give that equality to the black man. I have not 
 attempted, in any instance, to withhold from him that right. But, at the 
 same time, it was not expected that I would disfranchise the people of Ar- 
 kansas, or help to lay the foundations of their disfranchisement, so generally 
 as I conceive to be eftected by the Constitution which we are about to 
 adopt. Under these circumstances I have labored hard for the purpose of 
 modifying it in some respects. In every instance I have failed. In every 
 instance I have failed ! Nothing has been conceded to me, or to the ex- 
 pectations of my people ; and I would prove recreant to the trust reposed 
 in me, if I should accept this Constitution (as I must, if I accept it at all), 
 as a whole. 
 
 The establishment of two new offices created by the Constitution — those 
 of two additional Judges of the Supreme Bench, — which I have fabored 
 hard to prevent, I look upon »as a monstrous thing. The Constitution 
 proposes to tax my people heavily for the support of two superfluous offi- 
 cers, to say the least, and, I think, in reality, four — an Attorney-General, 
 a Lieutenant-Governor, and two additional Supreme Judges — four offices 
 which could well be dispensed with on the ground of economy. The peo- 
 ple will not expect me to vote for such a measure. 
 
 The system of taxation provided, it is known I have opposed. The 
 Constitution proposes to tax one-third of the citizens of Arkansas. And, 
 to make the tax more galling than it would otherwise be, it proposes to 
 disfranchise them, and then to tax them for the support of this extravagant 
 government — measures for which, I am confident, my people will not allow 
 me to vote, and see their faces in peace again. I have labored for a poll- 
 tax for revenue, as well as for school purposes. 
 
 Mr. HEsTKLE [in his seat.} That is right. 
 
 Mr. BEASLET. I desired to set apart a portion of the tax raised from 
 the people generally, both by the poll and from property, for school funds. 
 
 Mr. HINKLE [in his seat.} That is right. 
 
 Mr. BEASLET. All this has been denied. 
 
 Again, it is provided that all the people shall be taxed to school every 
 
 ( 658 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVBNTIOlSr. [27th Day. 
 
 The Constitution.— BEASLEY. 
 
 child between the ages of five and twenty-one years, in the State of Arkan- 
 sas, and it is then denied that any county, after paying that tax, shall draw 
 one cent of the fund, unless a free school shall have been kept therein for 
 not lees than three months during the year ; thus taxing my people, in case 
 they should not come readily into the system of free schools, to educate 
 the children of other counties, and denying them their -pro rata portion of 
 the money paid out of their own pockets. This constitutes another 
 reason why I could not support the Constitution. 
 
 Then, although no injury has been done my section of the country, in 
 the apportionment under that system of gerrymandering which has been 
 resoi'ted to, yet that system embodies such a multitude of frauds, that I 
 cannot, as an hpnest man, in the fear of God, and in the face of the people 
 I represent, ever put my signature to it, and appear before that people 
 again. 
 
 I must, therefore, say Ifo. 
 
 Mr. Bbasley subsequently sent to the Secretary's desk the following 
 explanation, which he asked to have spread upon the Journal : 
 
 Mr. President. I desire to enter my protest against certain sections con- 
 tained in said Constitution. 
 
 1st. My objection is found in the Judiciary, Section 3, which provides for five 
 Supreme Judges, which I think oppressive to the impoverished and down- 
 trodden people, when there is, in my judgment, fall sufficient for the business 
 of this State at the present period. 
 
 2d. My next objection is found in the elective franchise particularly, or 
 covering clause, which declares that the General Assembly shall not have power 
 to remove the disabilities of persons embraced in the Ist, 2d, 3d, and 4th sub- 
 divisions of the 3d Section of said Article. 
 
 3d. My next objection is found in Section Six (6) of Article Nine (9), in the 
 educational provisions, which say that no township nor school district shall 
 have any part of the general school-fund, unless that a free school has been 
 kept in said district at least three months during the past year. If my people 
 are taxed for school purposes, I want them to have a portion of said public 
 moneys, whether we have had schools or not. 
 
 4th. My next, and most serious objection, is found in the financial depart- 
 ment. Section One (1), which declares that there shall be no poll-tax in this 
 State except for schools. Which Article proposes to relieve or exempt about 
 two-thirds of the voters of this State, from taxation, except for schools, or 
 school purposes, throwing the burden of taxation for revenue upon but little 
 more than one-third of the citizens of this State; which I regard as an outrage 
 upon a helpless and defenceless people, many of whom are, by said Constitu- 
 tion, disfranchised. 
 
 These are my principal objections to the Constitution. In most of its phra- 
 seology and arrangement, it cannot be excelled; but the objections I have 
 
 ( 659 ) 
 
1868.] DEBATES AND PEOCEBDINGS OF THE [Tuesday, 
 
 The Constitution.— BELL— BEADLEY. 
 
 referred to are insurmountable, and will be the means of its final defeat when 
 
 it goes before the people. I vote Nay. 
 
 William A. Beasley. 
 
 [Mr. BELL sent to the Secretary's desk, at a later stage of the vote, 
 an explanation, which appears in its place, where oflFered.] 
 
 Mr. BRADLEY (when his name was called) said : How much time 
 shall I be allowed, to explain ray vote ? 
 
 The PRESIDENT. Under the resolution, five minutes. 
 
 [Cries of " Leave."] 
 
 Mr. McCLURE [in his seat.'] No. 
 
 [Cries of " Leave."] 
 
 Mr. McCLURE [m his seat.'] No. 
 
 Mr. BRADLEY. I will remark, in the outset, that I expect to vote No; 
 but if the Constitution shall be voted down to-night, I am willing, to- 
 morfow, to move to reconsider the vote, and thus re-open the subject. 
 
 I must, as a inan who has spent his time, his influence, and everything 
 he had and was, in favoring the plan of reconstruction under the Military 
 Bill, and who came here in good faith, expecting to assist in the compro- 
 mise of all these great questions growing out of the proposition for negro 
 suffrage, say, that now, when I come to the last extremity, and find myself 
 engorged with monstrosities, — when I find a document which, if one could 
 put it on public exhibition, throughout the United States, would make his 
 fortune, as the rarest specimen of human production ever known or heard 
 of in all Christendom, — I am compelled to oppose its adoption. Yes, sir; 
 this monstrosity is great enough even to shroud the aspirant for Congress; 
 and I expect he intends to wrap himself up in it, when he makes his can- 
 vass for the position. God and angels know I am not trifling with this 
 question ! I came to assist in making a Constitution ; and I want to do it. 
 I know how I have been treated — how I have been spurned, and my 
 honest}', and honest intentions, insulted. Gentlemen came here to form 
 an organic law, for the State of Arkansas, — the best, under the circum- 
 stances, that we could do, under the provisions of the Military Bill. I have 
 faithfully and steadily directed my energies to the accomplishment of that 
 identical point. But, gentlemen, after all this, — in the name of God, in 
 the name of your fathers and mothers, and of your sons who sleep in the 
 graves of heroes, in the name of your children, and those of your neigh- 
 bors, I ask you if you propose to thrust into the same common school 
 with your child and mine, the children of the negro. Will you endorse 
 that monstrous enactment which proposes to take advantage of the neces- 
 sities of widows, and of poverty-stricken men, who cannot afford to send 
 their children elsewhere, to compel them to thrust those children, for three 
 months in the year, among the offspring of a race whom God, by writing 
 an indelible mark upon their head and foot and brain, has pronounced the 
 ( 660 ) 
 
Feb. 11th.] AEKANSAS COlSrSTITUTIOlSrAL CONVENTION. [27th Day. 
 The Constitution.— BKADLEY—BKASHEAR. 
 
 social inferiors of your sons and daughters ? You insult the unfortunate 
 •people of Arkansas ! I say, it insults Heaven ; and I say, to-nigbt, before 
 my Q-od, that no honest man, be he black or white, advocates such a meas- 
 ure : and I am responsible for what I say. I want, before I leave Little 
 Rock, to make a Constitution ; and I cannot vote for that thing. I ask no 
 greater boon than to record my vote against that damnable instrument of 
 ruin, that proposes to crush my race, w^om Grod has made, and upon 
 whom he has stamped the image of Himself that sat upon the brow of 
 Adam when he fell from the hands of his Creator, in Paradise. 
 
 I ask the gentleman [Mr. Brooks] who moved, this evening, the sus- 
 pension of the rules, that this instrument might be introduced here,— have 
 you ever read those passages of Holy Writ which say, — "Love your ene- 
 mies, bless them that curse you, do good to them that hate you, and pray 
 for them which despitefully use you, and persecute you — " " Whosoever 
 shall smite thee on thy right cheek, turn to him the other also ?" Do you 
 propose to trample under your feet the bone of your bone and flesh of your 
 flesh? Can you look upon the burning throne before which you shall 
 stand, not only as a minister of the G-ospel, but as a representative of your 
 race, and face the record you make in this hall? I blush — ^your wife 
 and children will blush — to see your record, and read it in the face of 
 future generations. I claim to be a Christian map. I was born in a Chris- 
 tian land; I have read the Bible, and subscribe to its doctrines. I love it; 
 
 I bind it, with its teachings, to my bosom 
 
 Mr. WELLIAMS. I call the gentleman to time. [Cries of " Leave."] 
 Mr. BEOOKS. I hope the gentleman will be allowed, by consent, to 
 proceed. 
 
 Objection being made, 
 
 Mr. BEADLEY presented the following explanation of his vote, which 
 he asked to have spread upon the Journal. 
 
 I ask to bequeath to my posterity no greater boon, than to record my vote 
 against that damnable engine of oppression and ruin. I ask my language to 
 be cut in a rock, and lead poured into* the letters, to stand forever. I vote 
 
 John M. Bradley. 
 
 Mr. BRASHEAE (when his name was called) said : I claim the same 
 right with the gentleman from Bradley [Mr. Bradley], to explain my 
 vote. He appeals to the oracles of Divine truth, to show that he is sin- 
 cere in his belief that the Africans are an inferior race, and not our equals. 
 And I, while I shall record my vote in the affirmative, appeal to the Scrip- 
 ture, for the truth of my belief that God has created in one image all the 
 nations of men. And not only so, but I appeal to the great authority of 
 
 ( 6fil ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Tuesday, 
 
 The Constitution.— BBASHEAE—BEOOKS—CYPBRT. 
 
 Thomas Jefferson, that all men are created equal. And I say it in all can- 
 dor. I am perfectly willing to appeal to God for the purity of my intentions; 
 I profess to be an honest man. I say that the Almighty has never made 
 a more honest man than I am. I claimed my liberty at the point of the 
 bayonet; and I stand, to-night, in the hall whither I was dragged, as a 
 prisoner, for my attachment to the same cause for which I vote to-night. 
 I studied these same lessons of loyalty and liberty, in Benton Barracks. 
 That is all I have to say. I vote Aye, upon this question ; calling upon 
 the same authority to which the gentleman from Bradley [Mr. Bradley] 
 appealed, for the purity of my motives. I claim that to be a privilege 
 that belongs to me, in common with the rest of the human family. 
 
 Mr. Beashbar subsequently sent to the Secretary's desk the following 
 statement; which he asked to have spread upon the Journal: 
 
 I am opposed to five Judges instead of three. 
 
 W. W. Brashear. 
 
 Mr. BROOKS (when his name was called) said r I shall vote Aye. I 
 regret that the Constitution is not, in all its details respecting the Judi- 
 ciary, and the common-school system, and in other regards, such as to 
 conform to the views and feelings of all the loyal members of this Con- 
 vention. 
 
 Mr. CYPERT. Do I understand the gentleman to impugn the loyalty 
 of any man in this Convention ? 
 
 Mr. BROOKS. Will the time which I may occupy in replying to the 
 gentleman, be counted in my five minutes? 
 
 The PRESIDENT. The Chair hopes that the gentleman [Mr. Brooks] 
 will not be interrupted, during the five minutes allowed him for expla- 
 nation. 
 
 Mr. BROOKS. I regret, and many gentlemen regret, that we were 
 unable to reconcile all the conditions, and conflicting views, of the friends 
 of reconstruction. But I hope the country at large will understand the 
 position assumed, on this floor, during the progress of the Convention, and 
 especially this evening, by the members of the Opposition in this body. 
 The assaults which they have made, they have made simply because they 
 are opposed to all reconstruction; as I might amply prove by the docu- 
 ment which I hold in my hand, and from which, did time allow, I would 
 be gratified to read,, — the official proceedings of the Convention which 
 met in the hall below us, — in which document that Convention declares 
 positively, in advance of our work, and before even the general principles 
 of the Constitution had been announced, that they would vote against 
 everything which we might put forth, and that on the ground of the un- 
 constitutionality of this Convention; while they appeal' to the people 
 against the civil and political equality of the colored race with the white, 
 ( 662 ) 
 
Feb. lltb.] AEKANSAS CONSTITUTIOlSrAL CONYBNTIOlSr. [27th Day. 
 TheConstitution.— BROOKS— CO ATES—COKBELL. 
 
 with all the eloquence of the gentleman from Bradley [Mr. Bradley], who 
 has given in his recent adherence, in toto, to the Opposition, and declared 
 that he had been all the time with the "White Man's Party," the funda- 
 mental principle of whose doctrine is, opposition to reconstruction, and who 
 make such opposition obligatory upon all the members of their party. 
 
 Mr. BRADLEY. I never said any such thing. 
 
 The PRESIDENT. The Chair insists that gentlemen must not be in- 
 terrupted. 
 
 Mr. BROOKS. I hope that every Republican member of the Convention 
 will vote with a distinct understanding, and with the issue distinctly pre- 
 sented to their minds, that gentlemen, — a portion of them, — who vote 
 against this Constitution, whatever may have been their professions, will 
 vote as they have pledged themselves to vote, simply because they are op- 
 posed to all reconstruction. The position of other gentlemen, we of course 
 understand, is taken on principle. They are opposed to the great cardinal 
 principle upon which reconstruction, and this Constitution, are based, — 
 namely, the equality ofall men before the law. They have so declared pub- 
 . licly, in conventions. They believe that colored men ought not to have 
 the right of citizenship. We, the great Republican Party, hold that they 
 should have the ballot; and we intend that they shall have it: and we will 
 sustain the Government based upon the principles of universal franchise 
 and universal equality. I have not had any opportunity to address myself 
 to that question; and I regret that none of us have had the opportunity to 
 do so. But I do not blush to face ray wife and daughters, nor the great 
 judgment-seat, for my vote to-night, in favor of the freedom and equal 
 privileges of all men. I vote Aye. [Applause.] 
 
 Mr. COATES (when his name was called) said ; I have some objections 
 to the Constitution ; but I will vote Aye, and make no apology. 
 
 Mr. CoATES subsequently sent to the Secretary's desk the following 
 explanation of his vote; which he asked to have spread upon the Journal : 
 
 I have some objections to the Constitution as a whole, the principal one 
 being the creation of two or three unnecessary oflSces in the Judiciary, etc., which 
 will tend to tax to a greater extent the people of the State; bat I vote Tea, as 
 we may not be able to better it. 
 
 CoATES. 
 
 Mr. CORBELL (when his name was called) said : I belong to no party 
 opposed to reconstruction; but, taking the Constitution as a whole, I feel 
 bound to vote in the negative, believing it to be revolutionary in its 
 
 nature. 
 
 Mr. CoRBELL subsequently sent to the Secretary's desk the follow- 
 ing explanation of his vote; which he asked to have spread upon the 
 Journal : 
 
 ( 663 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 The Constitution.— COKBBLL—CYPEET— DALE— DUVALL. 
 
 On the adoption of the present proposed Constitution I vote in the nega- 
 tive, believing it to be in violation of the Eeconstruction Acts, and tending to 
 be revolutionary in several respects. 
 
 COUBELL. 
 
 Mr. CYPEET (when his name was called) said : I do not wish to ex- 
 plain my vote at any length — and upon this principle, — that I do not wish 
 to cast my pearls before swine. I have written my objections, to be spread 
 upon the minutes. I vote No. 
 
 Mr. CypERT joined with Mr. Gantt in a written explanation ; which was 
 subsequently sent to the Secretary's desk, and spread upon the Journal. 
 
 Mr. DALE (when his name was called) said : I am a man of slow speech, 
 and shall not be expected to say much in five minutes. There are some 
 features of this Constitution, which, if I had had the making of the whole, 
 myself, I should have made different. This is particularly the case in 
 regard to the Judiciary. I should have been in favor of having not more 
 than three judges on the Supreme Bench. I attempted, throughout, to 
 have that section so framed ; and only conceded the point because I be- 
 came satisfied that it was, as it stands, the best that I could get. I might 
 find, and would have found, perhaps, if I had had the decision of the whole 
 mfitter to myself, some fault with the Article on the franchise. That 
 Article does not exactly suit me, though it was the best I could do. I got 
 it in pretty strong, in the start; but what with all the cuttings and slicings 
 that it has undei'gone, it has come out nothing more than the mere shadow 
 of a skeleton ; — and that clause, I thought, almost anybody could accept, 
 leaving, as it does, the door wide open for every disloyal gentleman to 
 come in whenever he should be ready. I thought no opposition would be 
 made to that. However, I have no apologies to make, here or elsewhere, 
 for my action iij the matter. I am responsible to myself and my constitu- 
 ents ; and I am not afraid to go home, before the TJnion men, upon that • 
 subject. I do not expect to be frightened about it, or to be alarmed by 
 any denunciations from gentlemen here, of those who oppose this Consti- 
 tution. I would first say, however, for the information of those who choose 
 to differ from me, that I do not claim that degree of honesty which seems 
 to be claimed by some gentlemen. I notice that some gentlemen scarcely 
 ever rise upon the fioor, but they declare and reiterate their honesty. So 
 far as I am concerned, I leave the world to judge, for themselves, of my 
 action. I do not propose to be held responsible to any man, or set of men, 
 for my action here. I vote Aye. 
 
 Mr. DUVALL (when his name was called) said : 
 
 My explanation is very short; but I would ask that it go upon the 
 records. 
 
 Mr. DxJVALL read the following explanation of his vote, which was 
 spread upon the Journal : 
 { 664 ) 
 
Feb. 11th.] AEKANSAS CON"STITUTIOIsrAL CONYENTION. [27th Day. 
 TheConstitution.—DUVALL— EVANS— EXON—GANTT. 
 
 I was loyal to my country through the rebellion, and am yet; therefore, I 
 will not vote for a Constitution that will exclude me from the right of an 
 American citizen, together with many others that I might name. I vote Nay, 
 and regard it as the proudest act of my life. 
 
 DUVALL. 
 
 Mr. EVANS (when his name was called) said : I vote Aye, asking that 
 my explanation may be spread upon the record, as those of others have 
 been. 
 
 Mr.. Evans sent to the Secretary's desk the following explanation of his 
 vote ; which was spread upon the Journal : 
 
 In explanation of my vote on the Constitution, I wish to say that I think 
 three Supreme Judges sufflcient to adjudicate all cases coming before that 
 Court. In my opinion, the qualifying vote of an elector contains much that is 
 superfluous, and I would prefer a more liberal franchise. I am not satisfied 
 that the impression shall prevail that my County will not do justice to all con- 
 cerned while sitting as jurors, though on political questions they may entertain 
 ' difference of opinion. However, for the sake of harmony and unity, I waive 
 my own views and wishes, and record my vote. Yea. 
 
 A. H. Evans, of Monroe County. 
 
 Mr. EXOE" (when his name was called) said : I consider that I have 
 always been loyal, too. I came here representing the loyal portion of the 
 people of Clark County. The Constitution does not suit me in every 
 feature. Like my friend from Independence [Mr. Dale], I think there is 
 a little too much milk-and-water about it ; but I vote Aye, and consider 
 it as proud an act as ever I performed in my life. 
 
 Mr. GAISTTT (when his name was called) read the following explana- 
 tion of his vote ; which explanation he asked to have spread upon the Jour- 
 nal, and to which were subsequently appended the names of Messrs. 
 Cypert, Adams, Ebynolds, Hogb, Walker, Wright, Hicks, and Moore : 
 
 Having been denied, by the action of the Convention, sufficient time to 
 express at length our objections to the Constitution, we are content to vote 
 Wo, for the following reasons : 
 
 1st. The Constitution is not republican in form. 
 
 2d. It is proscriptive. 
 
 3d. It is destructive of the dearest rights of the people of the State. 
 
 4th. It disfranchises a large number of the best white citizens of the State. 
 
 5th. It enfranchises a class of inhabitants totally incapable of self-govern- 
 ment. 
 
 6th. If adopted and ratified by the people, it will deliver over to stolid and 
 brutish ignorance the political control of the State. 
 ' 7th. It encourages the social equality of the white and black races. 
 
 ( 665 ) 
 « 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday, 
 
 The Cpnstitution.— GKAY of Jefferson— GEEY of Phillips. 
 
 8th. It annuls and declares void a large class of debts contracted upon a 
 valuable consideration, prior to the late rebellion. 
 
 9th. It imposes the entire burden of taxation upon the white inhabitants of 
 the State, many of whom are, by its terms, disfranchised; and relieves from 
 taxation almost the entire negro population — not one of whom, who has at- 
 tained the age of twenty-one years, is, by said Constitution, denied the right 
 of suffrage. 
 
 10th. It compels the white citizens of the State to contribute, by taxation, 
 to the support of public schools, from which their children will be effectually 
 excluded. 
 
 11th. "We regard the acts of Congress, under which this Convention is being 
 held, as unconstitutional. 
 
 12th. In our opinion, the State of Arkansas is in the Union under a Consti- 
 tution, republican in form, entitled to all the rights of a constituent part thereof, 
 including representation in the National Legislature; and consequently, that a 
 new Constitution is not necessary. 
 
 E. S. Gantt, delegate from Prairie County. 
 
 J. N. Cypert, 
 
 C( 
 
 White 
 
 W. W. Adams, 
 
 a 
 
 Izard " 
 
 W. W. EEYN0LD.S, 
 
 it 
 
 Benton " 
 
 James M. Hoqe, 
 
 a 
 
 Washington County, 
 
 C. W. Walker, 
 
 a 
 
 (C ({ 
 
 Joseph Wright, 
 
 ti 
 
 Carroll « 
 
 W. P. Hicks, 
 
 it 
 
 Prairie " 
 
 W. D. Moore, 
 
 li 
 
 Ashley 
 
 Mr. GEAY, of Jefferson (when his name was called), said : I vote Aye, 
 considering the Constitution good enough for me. 
 
 Mr. GREY, of Phillips (when his name was called), said : I did not 
 come here to make a Constitution, but to see one made. I have heard 
 some expressions of reasons for the course which gentlemen have pursued 
 in voting upon the adoption of the Constitution. I shall vote Aye, because 
 the Constitution gives the negro the right of suffrage. I will just remark, 
 with one gentleman who has already voted, that the Constitution is not, 
 in every particular, perhaps, such as I would have wished it ; but I fancy 
 that there have been other similar instruments which have met with the 
 same objections, and yet which have proved beneficial, in the highest 
 degree, to the communities for which they have been framed. I find that 
 such objections were made to the Constitution of the United States. Many 
 men who assisted in the framing of that Constitution objected to many of 
 its features ; yet I find the great authority of George Washington urging 
 its acceptance, on the ground that men must not expect, in such a case, to 
 obtain all that they wanted. 
 
 I would have liked to have had time to reply to some remarks which 
 gentlemen have made upon the floor, this evening. One thing I will say, 
 ( 666 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONYBNTIOK [27th Day. 
 The Constitution.— &EEY—HATPIELD. 
 
 however, in the brief time allowed me. I am sorry, to some extent, to have 
 seen the feeling that has been exhibited, between gentlemen here, upon this 
 great question, a question of so much importance to themselves and to their 
 children. I was in hopes, when I came to Little Rock, that the time had 
 dawned, so beautifully illustrated by the ladies in Columbia, Mississippi, 
 some months ago, when, in strewing flowers upon the graves of the dead 
 heroes of the war, they made no distinctions between those who had 
 fought in the two opposing ranks. 
 
 " Prom the silence of sorrowful hours 
 
 The desolate mourners go, 
 Lovingly laden with flowers 
 Alike for the friend and the foe. 
 Under the sod and the dew, 
 
 Waiting the Judgment Day, — 
 Under the roses, the Blue ; 
 Under the lilies, the Gray. 
 
 "Sadly, but not with upbraiding, 
 The generous deed was done; 
 In the storm of the years that are fading, 
 No braver battle was won. 
 
 Under the sod and the dew; 
 
 Waiting the Judgment Day, — 
 Under the blossoms, the Blue, 
 Under the garlands, the Gray." 
 
 Having seen assembled, here, gentlemen from all portions of the State, 
 representing these different ideas, I had hoped more harmony would have 
 existed on the subject of the organic law of the land. But as that cannot 
 
 be, as the circumstances amid which we have been cast, for the last few 
 
 years, have created these discordant opinions as to what the organic law 
 should have been,— then, as, by this Constitution, you of the majority give 
 me my rights, as you give me equality before the law, and enable me to 
 protect myself, by the only efficient means, I certainly accept it, joyfully 
 and thankfully. I vote Aye. 
 
 Mr. HATFIELD (when his name was called) said : The Constitution is 
 not exactly what I would have liked to have; it is not the best we could 
 have made, especially in the particular of the franchise. I wish to make 
 a record for myself, and for my wife and children and family. When I 
 do so by voting for the adoption of this Constitution, I think it one of the 
 best acts of my life. I have, however, especially opposed the disfranchise- 
 ment clause, and have contended that all the men who have been enemies 
 to the country, who have deserted the interests of their country, and 
 brought misery and destruction upon the land, and who, yet are setting 
 
 ( 667 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE- [Tuesday, 
 
 TheConstitution.— HATFIELD— HICKS— HINDS— HINKLE. 
 
 themselves up to control the loyal element of the State, ought to have been 
 disfranchised. I want my record to go before the world. I think it will 
 stand higher than that of those who declare that we shall not have suffrage, 
 throughout the land, for all men. I am willing, sir, that my record should 
 go — as has been remarked — before my wife and children. I think that, in 
 every sense of the word, it will be well pleasing to them, and to every 
 loyal man in the State of Arkansas, that we should oppose these murderers 
 and cut-throats, to the bitter end. I would have framed the Constitution 
 differently. I would have exiled many of them from the United States, 
 and have placed many of them in the Penitentiary, for swearing lies. I 
 do not profess to be a very honest man ; but when I witness such acts I 
 desire to see them punished as they deserve. I say these things in regard ' " 
 to lies, meaning all I say; and I am responsible, for this or anything else 
 that I may say. I have written an explanation of my vote ; which I de- 
 sire to have placed upon the record, — to the effect that I vote Aye, though 
 taking some httle exception to the Constitution, as regard its variations 
 from what I proposed to have it. 
 
 Mr. Hatfield sent to the Seoketaky's desk the following explanation of 
 his vote : 
 
 I vote Yea; but I am opposed to Section Three, Article Seven, believing that 
 three Supreme Judges are sufficient to perform the duties of the Supreme Court 
 for many years. I ask that this explanation be placed upon the Journal of 
 this Convention. 
 
 EoBERT Hatfield. 
 
 Mr. HICKS (when his name was called) read the following explanation 
 of his vote ; which he asked to have spread upon the Journal : 
 
 I vote Nay, for the reason that this Constitution is made for a class of citizens 
 not known to the Constitution of the United States ; that it disqualifies a large 
 portion of those who have exercised the elective franchise ; that it was con- 
 cocted in secret, and brought forth between two days. 
 
 W. P. Hicks, of Prairie County. 
 
 Mr. Hicks subsequently appended his name, also, to the explanation filed 
 by Mr. Gantt, and which, also, was spread upon the Journal. 
 
 Mr. HnirDS (when his name was called) said : Believing the Constitu- 
 tipn to be a good one, equal to that of any State in the American Union, 
 I vote Aye. 
 
 Mr. HINKLE (when his name was called) said : This is the first time 
 tha,t I have risen to explain, or give a reason for my vote. I have to ex- 
 claim, at this time,— Great God! is there no help for the widow's son? 
 [Laughter.] I was elected by as loyal a body of constituents, as ever 
 ( 668 ) 
 
Feb. llth.J AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— HINKLE. 
 
 breathed the breath of life. They have proved their faith by their works; 
 and I have led them in proving that faith. I went into the Federal ser- 
 vice, in as good faith as any man ever entertained. I recruited more sol- 
 diers than any man in this section of the country ever did in the same 
 time; and it was when the country was destitute of men; and no other 
 man, I do believe, could have made a company, but myself; and I 
 recruited a hundred and forty, and that in about three weeks. I went 
 out to make a record for myself; but we were led by a set of men that, 
 from the beginning to the end, sought our overthrow, and who made a 
 record for me. My people have not lost confidence in me yet; they have 
 sent me here to make 'a record for myself; and all the devils in hell can- 
 not keep me from it! [Laughter and applause.] 
 
 I was elected under the Reconstruction Act. I am in favor of it. I 
 support it. I am for the rights, liberties, and privileges, of the negro. 
 But when the Constitution, which we were sent to form, is loaded down 
 with unjust side issues, as this is, and by a set of the same class of men 
 that have made a record for me, I cannot and will not follow them. I am 
 M'ith the loyal people of Arkansas. I expect to live and die with them. 
 It cost everything I had, to be a loyal man; and I offered my life a sacri- 
 fice for loyalty. These men now trying to take advantage of me— what 
 have they to sacrifice? They have everything to gain, and nothing to 
 lose, but their lives. I have fought my way through at the point of the 
 bayonet. I did not hide myself under any little office that kept me 
 secured from the bullets— I was out after the bullets— I was not Commis- 
 sary or Quartermaster— I took my sword in my hand, to suppress the 
 jayhawkers and bushwhackers, as an honest man ; and I fought it out. 
 
 What do I now see ? A set of men comes here, destitute of office, and 
 hungering after it. We must needs create new offices, for their benefit. 
 Every man of common sense knows there is no possible kind of need for 
 five Judges upon the Supreme Bench. I protest against it, from begin- 
 ning to end! 
 
 Mr. BRADLEY \in his seaf] Amen! 
 
 Mr. HINKLE. The next feature against which I protest, is that of the 
 disqualification of men whom we hold sacred to our hearts, for the pur- 
 pose of getting another man into the United States Senate. When I have 
 my glasses on, I can see as far in a millstone, as those that picked the 
 eye ! [Laughter.] 
 
 Mr. BRAD.LEY [m his seat.'] When there is a hole in it. 
 
 Mr. HINKLE. Sir, the question of apportionment belonged to the old 
 citizens of Arkansas. They should have had an .opportunity to say what 
 apportionment they wanted. EvSry county should have its representative : 
 but have they got it ? Conway has got hers— if she can get it ! 
 
 Sir, I am in favor of reconstruction, on just, on equitable principles. 
 
 ( 669 ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Tuesday, 
 
 TheConstitution.—HINKLE—HOGE— JOHNSON— KYLE. 
 
 The features of this Constitution, to which I have referred, I do most em- 
 phatically object to. 
 
 A MEMBEE [m his seaf] Time ! 
 
 Messrs. DXJVALL and MOORE [in their seats.'\ He has a minute, yet. 
 
 The PRESIDENT. Not by my watch. 
 
 Mr. HINKLE. I have the time before me ; and I have as good time as 
 any gentleman. I vote No, if that will suit you. [Laughter and applause 
 from the left] 
 
 Mr. HiNKLB subsequently sent to the Secebtaby's desk the following 
 explanation, which he asked to have spread upon the Journal: 
 
 Mr. Presideno? : I vote Nay, for the reason that I consider five Judicial Judges 
 is taxing the people unnecessarily, and can do no other good than make room 
 for more officers. 
 
 2d. I consider prohibition of the Governor and Lieutenant-Governor to aspire 
 to a higher office, cannot result in any other good only to deprive the people of 
 this State from their first choice for a Senator. 
 
 3d. I consider every male citizen between the ages of twenty-one and sixty 
 years, should pay a poll-tax for the support of the government in which he 
 lives. 
 
 4th. I consider the voting on the Constitution, on the whole, as unjust and 
 unfair, and done for the express purpose to take the advantage, and force me 
 to vote against my honest convictions ; for it is well known, so far as the general 
 principles are concerned, i. e., the disfranchisement, I am for it, heart and soul, — 
 and also the enfranchising of blacks. 
 
 HiNKLE. 
 
 [Mr. HOGE appended his name to the written explanation filed by Mr. 
 Gantt, and which was spread upon the Journal.] 
 
 Mr. JOHNSON (when hjs name was called) said: I vote Aye. I am of 
 the Radical Party, to the bone. I believe this Constitution to be the best 
 one that Arka'nsas ever had. 
 
 The gentleman from Ashley [Mr. Moore] has undertaken to show us 
 that the class of men of whom he is a representative, are our" best friends. 
 My God ! I hope he will put his hand over his mouth, and never speak 
 that word again. "We are very much inclined to believe that the men who 
 are trying to secure equal rights for us, are our best friends. 
 
 If you are not ready for us to have the right of voting, according to the 
 true Republican doctrine of the equal rights of all men, you do not want 
 us to have any rights, but just let us stay in slavery, as we were before the 
 war. 
 
 Mr. KYLE (when his name was called) said : I shall vote for the Con- 
 stitution, upon the same principle with that expressed by some other mem- 
 bers of the Convention. I desire that this paper may be entered upon the 
 Journal. 
 ( 6V0 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 TheConstitution.— KYLE— LANGLEY—MALLORY— MASON. 
 
 Mr. Kyle read the following explanation of his vote, which he asked to 
 have spread upon the Journal. 
 
 Mr. President : I desire the following, as my protest, to be entered on the 
 Journal of the Convention : 
 
 Ist. I am opposed to fastening on the people, in their impoverished condi- 
 tion, five, instead of three, Judges of the Supreme Court, when the latter num- 
 ber would be amply sufficient to decide all cases in said Court as correctly, and 
 with as little delay, as the five ; and further, as it is a departure from the pro- 
 visions contained in the Constitutions of a majority of the States of the Union. 
 
 2d. I am opposed to that clause of the Article on the franchise, which denies 
 to the Legislature the power to remove the disabilities of citizens, who, in the 
 exercise of a discretion given them by Congress, oppose the ratification of the 
 Coastitution from its adoption by the Convention, instead of after it becomes 
 effective by the ratification of the people. 
 
 3d. I am opposed to the system of apportionment, which provides that Eep- 
 resentatives shall be elected by the voters comprising a Senatorial District, in- 
 stead of by the voters of the several counties. But, as a whole, I think there 
 is in the Constitution more to commend than to condemn. I therefore vote 
 
 for it. 
 
 Gayle H. Kyle. 
 
 [Applause.] 
 
 Mr. LAITGLEY (when his name was called) said : I want it understood 
 that I am a Radical. I believe in universal freedom, impartial suffrage, 
 and equal rights. I will vote for the Constitution as a whole, thinking it 
 is a good thing, for the men that made it. 
 
 Mr. MOORE [in his seat.'] I think so, myself. 
 
 Mr. LAE"Gi-LEY. It is a good thing, to come from the brain of a " me- 
 nagerie." It is not all that I wish it to be ; but I will vote for it, with the 
 right to reserve an amendment providing for female suffrage, — with the 
 expectation of presenting my reasons. I am a consistent man, and wish 
 to make the right of suffrage really universal. 
 
 Mr. MAL'LORY (when his name was called) said : As it seems to be in 
 order to recite the exploits of the past, and compare them with those of 
 the present, I will say this. I thought that on the battle-field of Shiloh 
 I had helped to do a good deed— at Corinth the same— at Hatchie River 
 the same— at Vicksburg the same : but I say now that it is the proudest 
 act of my life, that I can hand down this vote of Aye to my posterity ! 
 [Applause.] 
 
 Mr. MOORE [in his seat.'] Glory ! 
 
 Mr. HINKLE [in his seat] Hallelujah ! 
 
 Mr. MASOE" (when his name was called) read the following explanation 
 of his vote ; which he asked to have spread upon the Journal : 
 
 ( 671 ) 
 
1868.] DEBATES AKD PEOCEBDINGS OF THE [Tuesday, 
 
 The Constitution.— MASON— MATTHE WS— MISNER. 
 
 1st. In the present impoverished condition of our State, I consider it un- 
 necessary, and entirely wrong, to have five judges upon the Supreme bench. 
 
 2d. I object to the clause disfranchising those who oppose reconstruction, 
 after the adoption of this Constitution, by this Convention, for the reason that 
 I regard it as being contrary to a republican form of governmbnt, and as being 
 arbitrary and unjust. 
 
 3d. I object to the continued disfranchisement of all persons who are now 
 disfranchised by the present Eeconstruction Acts of Congress, as I believe 
 many are now disfranchised who ought not to be; but, in the face of the re- 
 iterated assertions of gentlemen of the Conservative Party, that they are not 
 willing to give us the right of suffrage under any circumstances, I am forced 
 to accept this Constitution as being good as a whole, and as being the best that 
 I can get under the circumstances, and give up my ideas of limited disfranchise- 
 ment and qualified suffrage. 
 
 J. W. Mason. 
 
 Mr. MATTHEWS (when his name was called) read the following ex- 
 planation of his vote ; which he asked to have spread upon the Journal : 
 
 I vote Nay, because the proposed Constitution fails to provide that the elec- 
 tive franchise shall be enjoyed by all such persons as have the qualifications 
 prescribed in the Act of Congress entitled " An Act to provide for the more 
 efficient government of the Eebel States," as said Act requires ; because the 
 proposed Schedule to said Constitution is, in its terms, violative of the Eecon- 
 struction Act, and revolutionary; because the districting of the State, and the 
 apportionment of the Eepresentatives in the Senate and House of the General 
 Assembly, is unequal, unjust, and is made without regard to the wishes, rights, 
 or convenience o^ the people, but solely, and confessedly, for party purposes; 
 because said Constitution will create two Supreme Judges, a Lieutenant-Gov- 
 ernor, and other officers, at an increased expense to the people of the State, 
 for no other reason than that certain political aspirants may have places ; be- 
 cause the common-school system it proposes, is an abomination to every white 
 man true to the well-being of his race. And for many other reasons ; not the 
 least of which is the unexampled manner in which this proposed. Constitution 
 is being hastened through, without berng printed, and at its first reading, with- 
 out any necessity being shown for such a course. 
 
 S. T. Matthews. 
 
 Mr. MISN'ER (when his name was called) said : I have nothing to say; 
 I will occupy the five minutes, however, to keep the measure. Except as 
 to the Judges, I approve the Constitution ; — as regards that feature, I have 
 done all I could do, in opposition, since it taxes unnecessarily the people 
 of the State. I don't know but we can bear it, so that we can obtain a 
 support, some way or another — we have always done so, I believe. I 
 have been very much opposed to making new teats to this' old sow, because 
 some men want to suck them. [Laughter.] I vote Aye, particularly on 
 ( 672 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.— :^UEPHT—McCOWN. 
 
 account of the provisions respecting the franchise — what there is here — it 
 might, to advantage, have been a little worse on the Rebels. [Laughter.] 
 I would have disfranchised every one of them. I have suffered too much 
 at their hands. They robbed me of my home, ran my wife from home, 
 and robbed her on the way. Every man of them, here, now claiming the 
 franchise, was doing the very same thing. Sir, I know that my constitu- 
 ents will applaud me for votiiig for this Constitution, as the best deed I 
 could do for the interests of the State. 
 
 Mr. MUEPHY (when his name was called) said : As this Constitution 
 is based upon the platform of the Declaration of Independence, which 
 declares that all men are free and equal, and by their Creator are end9wed 
 with certain inalienable rights, I shall vote Aye. 
 
 Mr. MoCOWN (when his name was called) said: It may not be im- 
 proper, perhaps, that I should explain my vote. I am not prepared to 
 hand my explanation to the Secretary in writing, to-night; but I shall 
 ask that privilege at a future time. 
 
 There are many features in this Constitution, that I do not a;pprove. 
 
 First, I do not approve the legislative system. I believe that every 
 county should have a separate Representative. 
 
 I do not approve the banking system. 
 
 The franchise is far from what I would have liked— far from what I 
 hoped. I could never, without my most solemn and earnest protest, agree 
 to disfranchise any m'an who went honestly into the late rebellion, as I 
 went, myself, and is no more guilty than myself, and perhaps no less 
 repentant to-day. 
 
 I would have been glad, — I believe it would have been proper, — to have 
 had separate schools for the two races. 
 
 I think the poll-tax should have extended farther ; for every man who 
 enjoys the protection of the law should help support it. 
 
 I believe that every male citizen of the age of twenty-one years, who 
 pays a tax, shoul'd have been a competent juryman. 
 
 It would be useless for me to elab(?rate these objections. I shall do so 
 more fully in the paper which I shall hand in to the Secretary. But we 
 have been here for nearly six weeks, at an expense, to our people, of fifty 
 thousand dollars or more. I am unwilling to tear our work to pieces 
 again, and entail upon them the expense of another fifty thousand dollars, 
 to re-frame it, when I have no hope that it could or would be made less 
 objectionable. I am willing to let this Constitution go to the people; and 
 if they do not like it, let them put their foot upon it. I do not like it, 
 
 myself. 
 
 [Mr. McCowN on a subsequent day read an explanation of his vote, 
 which was spread upon the Journal, and which appears in its proper place 
 
 in the Report,] 
 
 • 43 ( 6^3 ) 
 
1868.] DEBATES AND PEOOEEDIJSTGS OF THE [Tuesday, 
 
 TheConstitution.— MOORE— POOLE— POETIS—PUNTNEY. 
 
 * 
 
 . ft 
 
 Mr. MOORE (when his name was called) said: I shall vote No, for the 
 same reasons, and desire my name to be placed upon the same document, 
 presented by Messrs. Gantt and Ctpbut. I do so, also, for other reasons, 
 which to me appear good and substantial. I believe the instrument pre- 
 sented as an organic law for the State of Arkansas, to be a monstrosity, 
 an outrage upon the rights of the people of Arkansas, and an insult to 
 honesty and moral integrity. My MOte, therefore, is, No. 
 
 [Mr. MOORE placed his name upon the explanation filed with Mr. 
 GrANTT, and which was spread upon the Journal.] 
 
 Mr. POOLE (when his name was called) said: As it is deemed fashion- 
 able to make an explanation, I will merely state that as I consider the 
 Constitution submitted, to be about as perfect as imperfect man can pro- 
 duce, under the circumstances, I will vote Aj'e. , 
 
 Mr. PORTIS (when his name was called) said: I have to object to this 
 Constitution, and have sent to the Secretary's desk a paper containing my 
 objections. I have there stated that I came here in good faith, to assist 
 in framing a Constitution for the State. I am desirous of seeing that 
 accomplished. And I think we could have accomplished it, to the good 
 of the State and the satisfaction of the people. But to accept this instru- 
 ment, as it is, with all its details, I cannot consent. I cannot approve it. 
 T therefore vote No. 
 
 Mr. PoKTis subsequently sent to the Secretary's desk the following ex- 
 planation of his vote; which he asked to have spread upon the Journal: 
 
 I am opposed to the franchise clause in the Constitution; also to thfe clause 
 in the Constitution requiring the collection of tax, for the reason that it reUeves 
 a great portion of the people from paying any tax for revenue ijurposes : also, 
 I am opposed to more than three Supreme Judges : also, I am opposed to the 
 registration oath prescribed in the Constitution : also, I am opposed to the dis- 
 tricting of the State for Senators and Eepresentatives, in the manner as 
 arranged in the Constitution, for the General Assembly. 
 
 P. PORTIS, 
 
 Of Ouachita County. 
 
 Mr. PUNTNEY (when bis name was called) said : It is common for 
 gentlemen to give explanations of their votes; but as I came here a recon- 
 structionist, though belonging to no party — no party responsible for what 
 I might do, nor I responsible to any party,— I have felt under no obliga- 
 tions to explain any vote that I might give. For the satisfaction, however, 
 of those whose acquaintance I have made since I came here, who know 
 that I came as a reconstructionist, and hoping that we could frame a Con- 
 stitution which we should be able to support, both- here and at home, I 
 will in this instance deviate from the rule which! had formed for myself. 
 
 I am sorry to say that I cannot support the Constitution now proposed; 
 ( 674 ) ■ 
 
Feb. 11th.] AEKANSAS COlSrSTITTTTIOlSrAL CONVENTION. [27th Day. 
 
 • 
 
 The Constitution.— PUNTNEY—EAWLINGS. 
 
 and that for several reasons. The manner in which the representation is 
 apportioned, for one thing. The organization of the Supreme Court for 
 another. The franchise for another. The taxes are so distributed that 
 one class of our citizens— and they — a great many of them — disfranchised, 
 will have to pay the great burden of the tax of the State. I object to the 
 Schedule, in the matter of the apportionment of the Senate. I am like 
 my old friend over here [Mr. Hinkle^— I think I, too, can see into a mill- 
 stone, a little, when I have my spectacles on. [Laughter.] It does seem to 
 me, sir, that this measure is not designed for the good of the people, or cal- 
 culated to advance it. Gentlemen may talk about who is and who is not 
 loyal, and all that sort of thing. I do not boast of my loyalty ; but my con- 
 stituents know it. It does seem to me, I say, that this apportionment is 
 so unjust, so contrary to the principles of representative government, that 
 there must have been a design in it. Here are four counties thrown into 
 one District, and allowed two Senators. Whereas, you could have thrown 
 two counties into a district, and so have had two districts, and secured to 
 the people of those counties a fair representation. 
 
 Then as to the qualification required of members of the Senate and 
 House of Eepresentatives. They need have resided within their district 
 only ten days. The requirements are such, too, that the whole six Repre- 
 sentatives and two Senators of my own District may reside in the town of 
 !N"apoleon, and still represent the entire District. What is the principle of 
 representation, unless it be that counties and districts shall be represented 
 by men residing withiu their limits, who will know the local wants and 
 interests, and represent those wants and intei'ests in the Legislature? 
 
 The Sixth Section of the Schedule, I consider to be contrary to the Law 
 under which we are acting, — in this respect. Any man can see, who will 
 read that Law, that the Provisional Government is under the control of 
 the Federal Government, and is to remain in action until this State is 
 legally admitted into the Union. I conceive, then, that this whole scheme 
 is nothing more nor less than a revolutionary movement, to oust the 
 present Provisional Governnient and establish a negro oligarchy.^ 
 
 For these reasons, and for various others, I shall vote No. 
 
 Mr. RAWLINGS (when his name was called) said : I have objections 
 to the Constitution presented ; but believing it to be the best we can ob- 
 tain under the circumstances, I vote Aye. [Applause.] 
 
 Mr. Rawlings subsequently sent to the Secretary's desk the following 
 explanation of his vote; which he asked to have spread upon the Journal: 
 
 I am opposed to the extension of the disfranchiseijent beyond the classes 
 disfranchised by the " Eeconstruction Acts," believing this Constitution has no 
 power to make such extension : also, to more than three Supreme judges, be- 
 lieving that number suflScient to transact the business of the Supreme Court. 
 
 N. N. Eawlings. 
 ( "5 ) 
 
1868.] DEBATES AISTD PEOCBEDmGS OP THE [Tuesday, 
 
 The Constitution.— HECTOR— EEYNOLDS—ROTJNSAVILLE. 
 
 « 
 
 Mr. EECTOR (when his name was called) said : I am not well satisfied 
 with the Constitution in ail respects. The disfranchisement clause is not 
 strong enough for me. Looking upon the merits of the instrument as a 
 whole, however, I vote Aye. 
 
 [Mr. REYNOLDS, before the vote was announced, appended his name 
 to the explanation filed by Mr. Gtantt, and which was spread upon the 
 Journal.] 
 
 Mr. EOUNS AVLLLE (when his name was called) said : I have nothing 
 to say upon the various subjects that have occupied the attention of this 
 assembly. It 'had been my intention, upon reaching certain topics, to 
 claim the attention of the Convention for a short time. But the busi- 
 ness is far advanced ; and I will simply give my reasons for excepting to 
 certain parts of the proposed Constitution; or, rather, will note those parts 
 of it to which I make exception. 
 
 I do not approve of tl^e arrangements with respect to the Judiciary. I 
 would greatly prefer three, instead of five, Judges of the Supreme Bench. 
 
 With the franchise, also, I am not satisfied, so far as regards two or 
 three of the clauses on that subject. But as I have reduced to writing the 
 objections which I make, I will leave the paper with the Secretary, asking 
 that it may be spread upon the record, and will not now detain the Con- 
 vention by stating my objections more particularly. 
 
 But, sir, I have to say of the vote that I cast for the Constitution, and, 
 as regards the elective franchise, — more particularly of that clause which 
 elevates the negro race to the privilege of the ballot, — that I am not 
 ashamed of that vote. I am not ashamed of the principle which 
 prompts it. I am not ashamed of it, for the reason given by my 
 friends on the opposite side of the house. They have assigned, as a 
 prominent reason for their opposition to the enfranchisement of the 
 negro, that his race is not' equal with our own. That, sir, is one of the 
 prominent reasons in my mind for supporting the measure. If they 
 are a weak race — which I admit, — not equal with us, and, indeed, incapa- 
 ble of e-«er being rendered our equals, I hold that to constitute one of the 
 strongest reasons under heaven why we should give them the ballot. Eor 
 the party opposed to the majority of this Convention have shown a dis- 
 ' position to withhold from the negro his rights. -You need not tell me that 
 under these circumstances the negro has no need of the ballot, for the pro- 
 tection of his rights — that I, who am strong, if you please, need the ballot, 
 and he, who is weak, needs not its protection. I know better. I am told 
 that because I favor afibrding to the negro the protection of the ballot, I 
 am in favor of the social equality of the races. I challenge the world to 
 show a single instance where an act or a word of mine has ever been to 
 that effect. I have often said that the best policy for the two races would 
 be a separation, and a colonization of the black race, for the reason that 
 the black man is not equal to us or able to compete with us ; and as such 
 
 ( 676 ) 
 
Feb. llth.J AEKANSAS CONSTITUTIOlSrAL CONVENTION. [27th Day. 
 The Constitution.— EO UNS AVILLE— SAMS— SAKBEK. 
 
 he would be better situated in a country of his own. I speak conscien- 
 tiously, and, as I would anywhere else, express my sympathies, without 
 restraint, on so momentous a question. I repeat, then, that the prominent 
 reason given by the opponents of the proposed Constitution, against the 
 disfranchisement of the negro, is my reason for his enfranchisement. That 
 weakness, in conjunction with his past services, and with the efforts he 
 has made to place our Government on a basis of something like dura- 
 bility, should, in my opinion, constitute a claim upon our attention and 
 entitle him to all the protection which it is in our power to afford him. I 
 do hope — I do hope — that instead of the bickering that has too much 
 characterized the course of debate, here, as of action elsewhere, on the 
 part of the two opposing parties, we will now let that pass by, and that as 
 we go along we will learn more of one another, learn to think better of 
 each other, and learn to admire, with cordial unanimity, that Government 
 which, as I believe, has been the best government on earth. I vote Aye. 
 Mr. RouNSAViLLB subsequently sent to the Secretary's desk the follow- 
 ing explanation of his vote, which he asked to have spread upon the 
 Journal : 
 
 I am in favor of three Justices of the Supreme Court, instead of five. I am 
 also opposed to disfranchising any person but those who were disfranchised by 
 Congress, and those who are disfranchised in other States and come here. 
 
 I am opposed to any other party than that instituted by the General Gov- 
 ernment. 
 
 I am in favor of striking Section Bight (8) out of the Article on Franchise. 
 
 I am in favor of levying a poll-tax. 
 
 EOUNSAVILLB, of Yell. 
 
 Mr. SAMS, in explanation of his vote, sent to the Secretary's desk the 
 following paper ; which he asked to have spread upon the Journal : 
 
 I vote for the Constitution as a whole, but explain said vote as follows, to 
 wit: 
 
 I am opposed to Section 25 in Article Six, believing the General Assembly 
 should consider the interest of the State in preference to the promotion of indi- 
 viduals. Also Section 3, Article 7, believing the Supreme Judges sufficient to 
 transact the business in the Supreme Court for many years to come. 
 
 I am also opposed to the proposed apportionment, believing each county 
 
 should be allowed at least one member in the House of Eepresentatives, and 
 
 in case of excesses, then a member at large, for the Senatorial district in which 
 
 such excesses exist, should be chosen. 
 
 Sams, of Madison. 
 
 Mr. SARBER. (when his name was called) said : In voting for this Con- 
 stitution I do not deem it necessary to either apologize or explain my 
 vote. I was sent here to frame a Constitution that would guarantee equal 
 
 { 677 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 TheConstitution.—SAEBEE— SCOTT— SHOPPAOH— SIMS. 
 
 rights to all loyal, law-abiding citizens; and although I might say that in 
 some of its details it is not all my fancy wished it, yet I would be loath to 
 arrogate to myself the privilege of setting my ipse dixit, or my personal, 
 preferences, against the wisdom and judgment of the members of the 
 various committees, believing they were actuated by patriotism, and a 
 sincere desire for the well-being and prosperity of rtie State : and, hon- 
 estly believing that in casting my vote for this Constitution I am voting 
 peace, harmony, and prosperity, for our bankrupt State and impoverished 
 people, and that I am conscientiously fulfilling the trust confided to me 
 by my constituents as far as I can do^ I do not hesitate to record my 
 vote. Aye. 
 
 Mr. SCOTT (when his name was called) said : I vote Aye. I entertain 
 a slight objection, a statement of which I send to the desk. 
 
 Mr. Scott sent to the Secretary's desk the following explanation of his 
 vote ; which he asked to have spread upon the Journal : 
 
 I am opposed to the suffrage clause in so far as it goes beyond the Eeeon- 
 struction Act ; but as a whole, I vote Tea. 
 
 Scott. 
 
 Mr. SHOPPACH (when his name was called) said: I vote JSTo; and 
 wish my explanation to be placed upon the Journal. 
 
 Mr. Shoppach sent to the Secretary's desk the following explanation 
 of his vote : 
 
 I vote Nay, for this reason, with many others, viz. : This Constitution pro- 
 poses to disfranchise a large portion of the citizens of the State, and enfranchise 
 a class who are not recognized as citizens by the Constitution of the United 
 States. 
 
 Jas. H. Shoppach, of Saline County. 
 
 Mr. SIMS (when his name was called) sent to the Secretary's desk the 
 followmg explanation of his vote; which he asked to have spread upon 
 the Journal : 
 
 I vote Yea. Like many other gentlemen here, I had certain views of my 
 own regarding the various parts of this Constitution. Of course it does not 
 in every respect agree with my fancies or prejudices ; but, taking it as a whole, 
 I believe it will compare generally with the organic law of any of the other 
 States, and I know it is a better Constitution than ever this State had before. 
 Eegarding the Judiciary I would say that, as it is provided that the Supreme 
 Court shall be held .at four places in the State, I was of the opinion that five 
 judges were not more than the increased labor required. In the matter of 
 franchise, I favored the doctrine commonly known as "universal suffrage and 
 universal amnesty;" but, after an examination of all the circumstances, 1 
 ( 6?8 ) 
 
Feb. 11th.] ARKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The Constitution.-SMITH— SNYDER— BKADLET. 
 
 believe the Constitution presented confers the right of suffrage on all to whom 
 it would be safe to give it. 
 
 In conclusion, I would say that I feel assured that my constituents, both 
 white and black, will approve of my action here as a delegate to this Conven- 
 tion. 
 
 Sims, of Desha County. 
 • 
 
 Mr. SMITH (when his name was called) said : I, too, might urge some 
 objections to the Constitution. It does not, in all its details, exactly meet 
 my views. But yet, inasmuch as it is so much better than anything that 
 we ever had in the State, and inasmuch as it rests upon the broad basis 
 of the rights of all men,, I voje Aye. 
 
 Mr. SNYDER (when his name was called) said: I feel\inder no neces- 
 sity of explaining my vote. I would say, however, that if my individual pref- 
 erences were alone to be consulted, I might object to some of the details 
 of the Constitution. But as I believe it to be the result of the combined 
 labors of earnest, honest, and patriotic men, and superior to, and far in 
 advance of, anything with which the people of this State have ever been 
 blessed, I shall not only vote for it, but I shall endeavor to contribute my 
 humble efforts toward giving it vitality and permanency, as the organic 
 law of this State. It has been denounced, by gentlemen here, as a " damna- 
 ble instrument of oppression," and gentlemen have desired to record their 
 votes against it, upon that ground. If I thought this, sir, I should be far 
 from giving the Constitution my approval. For I well remember the 
 galling effects of an instrument promulgated from this hall in '61, which 
 was thrust upon me, and upon the loyal people of this State, with bayo- 
 nets, — without our ever having been consulted, at the ballot-box, as to 
 whether we would or would not be governed by it: and in connec- 
 tion with that bastard instrument, a despotism was established here, 
 in our midst, subverting by force of arms all lawful authority, — which 
 caused patriotism and humanity to pale and tremble, our wives and chil- 
 dren to hide in terror, and decency and love of liberty to seek the moun- 
 tain gorges for safety. With this dark and bloody tyranny yet fresh in 
 my memory, I could not, and would not, vote for an instrument which I 
 conceived to partake, in the least degree, of tlfe character which gentle- 
 men on the other side of the hall have attributed to the Constitution now 
 before us. I believe, sir, that all who know me will accord to me a spirit 
 of charity and kindness for my fellow-mortals; and I desire the proscrip- 
 tion or oppression of no man. But there is a point beyond which for- 
 bearance ceases to be a virtue ; and as Scripture has been freely quoted 
 upon this floor, I would say that men should not always " cast their pearls 
 before swine." 
 
 Mr. BRADLEY. I arise in defence of the Scripture. That is not a 
 
 Scriptural quotation. [Laughter.] 
 
 ^ { 679 ) 
 
1868.] DEBATES AND PEOCEEDINGS O^ THE [Tuesday, 
 
 TheConstitution:— SNYDEK— BEADLBT— VAN HOOK— WALKEE. y 
 
 Mr. SNYDER. I have not violated the sense of the Scripture ; my quo- 
 tation is sound. 
 
 Mr. BRADLEY. " Give not that which is holy untothe dogs, neither 
 cast ye your pearls before swine." 
 
 Mr. SNYDER. I do not wish to be disturbed in my short explanation. 
 
 It has been said that gentlemen should be ashamed to.vote for negro 
 suffrage. I would say that, upon the floor of this hall, in 1865, I moved 
 the adoption of a resolution for the ratification of the Constitutional 
 Amendment declaring the black man free. At that time I was hissed, 
 and twitted, from that lobby and gallery, with the remark, that I would 
 see the day when I and my posterity would blush for the act I had that 
 day performed.* But I thank God I have not yet had cause to be ashamed 
 of that act. On the contrary, I feel proud that I then contributed my 
 humble aid to the cause of humanity. I know gentlemen will cry out, 
 "Shame!" But, sir, let them cry; the spirit of progress is abroad in the 
 world ; and men who ride in the car of conservatism, will, in future years, 
 be the ones whose cheeks will burn with shame, when they see themselves 
 and their barbarous theories demolished by the mighty tide of enlight- 
 ened sentiment which is now sweeping down from the luminous heights 
 of civilization. 
 
 MEMBERS [in their seats.] Time is up. 
 
 Mr. SNYDER. I will say, Mr. President, that gentlemen here have 
 labored honestly and patriotically, so far as I know, and have had the 
 good of the State and of the people at heart, in what they have done ; and 
 I believe there is a principle of justice pervading the Constitution, which 
 will carry it on triumphantly, to success. I believe, sir, the people of this 
 State will accept it, that they will adopt it, that it will become the organic 
 law of the State of Arkansas. I vote Aye. 
 
 Mr. VAN HOOK (when his name was called) said: When, on the 18th 
 of February, 1861, I deposited my ballot against secession, I thought that 
 the noblest deed of my life. I have looked back to that day with pride, 
 ever since. During four years of darkness and strife, I perilled my life 
 and lost my fortune in vindication of the old flag — hunted down, and 
 threatened with annihilati<)n because I was a Union man. I was elected 
 to this Convention as a Union man; and came up to make a constitution 
 acceptable to the people, such a one as they and I could reflect on with 
 satisfaction, hereafter. I am sorry — I do regret — to say, that I honestly 
 differ from those who regard this Constitution as protecting the interests 
 of the people. "With all due deference to the opinions of others, I must 
 say it does appear to me that the interests of the masses have been ignored 
 in some respects. With much regret, I vote No. [Applause on the left] 
 Mr. WALKER (when his name was called) said : Were I to enumecate 
 all the objectionable features in that instrument, I should consume all the 
 
 ( 680 ) 
 
Feb. 11th.] AEKANSAS COJSTSTITUTIOlSrAL CONVENTION. [27th Day. 
 The Constitution.— WALKEE— "WILSON. 
 
 rest of the night — it is already too far spent. I do not feel that any expla- 
 nation of my vote is necessary — not, at least, to this body. My constitu- 
 ents will demand no explanation from me, why I voted against that Con- 
 stitution ; for I .consider it such a thing as no respectable white man could 
 vote for. *I shall therefore vote N"o. [Applause on the left.] 
 
 [Mr. Walker subsequently appended his name to the explanation filed 
 by Mr. Gantt, and which was spread upon the Journal.] 
 
 Mr. WILSOlSr (when his name was called) said : In the course of the 
 debates and discussions of the Convention, the Sacred Book has been fre- 
 quently referred to. My mind has been directed to a matter of history 
 thei-e recorded, in the story of the children of Israel, passing out of their 
 Egyptian bondage, and crossing the Red Sea, and singing the song of 
 triumphant thanksgiving to their G-reat Deliverer. But, as we go on with 
 them a little further, a dai'k picture presents itself. Moses had an Ethi- 
 opian along with him; and his sister Miriam murmured, and made a great 
 fuss about it ; and unfortunately for that poor woman, so nice-tasted, who 
 couldn't bear a darkey in the camp, she was smitten with leprosy. 
 [Laughter.] Moses had to pray to God, and the leprosy was healed. 
 
 We have just passed through a sea of blood, that flowed from Sharps- 
 bure to Arizona; and when Lee and Johnson and Smith surrendered their 
 swords, we, and all the Union men of the country, were ready to sing, 
 politically, the song of triumph and thanksgiving that was raised by the 
 children of Israel over their deliverance. We marched ofl", expecting 
 quickly and honorably to find again our place under the stars and stripes. 
 But there is a murmuring in the camp— there is a darkey along ! [Laugh- 
 ter.] Gentlemen, I was elected to this position by the negroes; and I 
 came here promising them, and the white people, that the darkeys should 
 have their vote, if I could help get it for them in the Constitution. I 
 am not afraid of the leprosy, myself; but I am afraid some persons will have 
 to have the leprosy healed on them, yet. [Renewed laughter.] 
 
 I believe I am the most humble man here, except one or two. I came 
 here with extremely honest purposes, to effect some good for my country, 
 and to get a constitution i^publican in form, and in the hopes that .we 
 might pass over Jordan. But it is a hard road to travel, to get into the 
 Promised Land. [Laughter.] Gentlemen, we are not yet over. I agree 
 with my friend from Ashley [Mr. Norman], that if it had not been for the 
 negro, we would have been the most beautifully reconstructed State that 
 could.be desired. It is also true that but for the negro we would never 
 have been rfe-structed. [Laughter and applause,] The blacks were sunk 
 in seemingly hopeless slavery. They had to be plucked up. They are 
 plucked up; and thank God for it! It was the negro that brought a 
 bloody war among us,— that brought us, and has kept us, in this disor- 
 
 ( 681 ) 
 
1868.] DEBATES AND PEOCEEDmGS OF THE [Tuesday, 
 
 • The Constitution.— WILSON— WHITE. 
 
 ganized condition. And I, for one, have not been willing to grumble 
 about Moses' Ethiopian wife. , 
 
 But I have now to say that there are objectionable features in the Con- 
 stitution which has been submitted — that I cannot but regard it as objec- 
 tionable in the main. The objection^ which I would have raised have 
 already been raised by others. But the Schedule I cannot subscribe to, 
 from the fact that, in my opinion, every man who is to vote at the elec- 
 tion of next March, as in this Schedule proposed to be held for members 
 of the Legislature, has to vote in direct violation of the oath administered 
 to every man who registered and cast his vote for reconstruction, or this 
 Convention. All such men are sworn to support the Constitution of the 
 United States, to obey the laws, and to encourage others so to do, to the 
 best of their ability, "so help them Grod;" and, in my judgment, the con- 
 ditions imposed upon voters in the coming election, are in direct violation 
 of the law. 
 
 Mr. MOORE [in his seaf] You are right. 
 
 Mr. BEASHEAR [in his seat.'] Come to time ! 
 
 Mr. WILSOK Is the time out? — I vote No. [Applause on the left] 
 
 Mr. "WHITE (when his name was called) said : I vote Aye, for this 
 reason. My race having waited with patience, and endured the afflictions 
 of slavery of the most inhuman kind, for two hundred and fifty years, to- 
 day I find a majority of a Constitutional Convention, that is willing to 
 confer upon me what God intended that I should have. I contend, friends, 
 that the elective franchise is a God-given right, which comes to every man 
 born into the world — be he black or white, green or gray, little or big, it 
 is his right. I desire the elective franchise for another reason. The 
 colored people of these Southern States have cast their lot with the Govern- 
 ment, with the great Republican Party that succeeded in putting down the 
 rebellion. They cast their lot with that party, fought with that party, and 
 died with that party; and they have, in consequence, incurred the hatred of 
 the entire Southern people, the Union men excepted. So the ballot is our 
 only means of protection, friends. If you have brought us thus far, if you 
 have brought our wives and families thus far,tvill you stop here ? We are 
 between the upper and lower millstone, and shall be crushed by the preju- 
 dice that we perceive exhibited in this hall. I remember that the gentleman 
 from Bradley County [Mr. Bkadley] said, in this hall, " as loud as seven 
 thunders," almost, that he was willing the negro should be tried by a jury 
 of his peers. And I hear him say, to-night, he is not willing that the 
 negro shall have any rights! How are we to live, unless we are to have a 
 power that will shove base men from the offices of the State? I thank 
 God, to-day, that I may cast my vote with a Convention willing to accord 
 equal rights to all. 
 
 As regards the franchise, I am exceedingly gratified to see the position 
 ( 6B2 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 The OonstHution.— WHITE— WILLIAMS— WEIGHT— WYATT— BELL. 
 
 that has been taken. Sir, I have been studying the question, and I knew 
 there were a set of men, in this country, that ought to have their heads 
 cut off. And from this night, the man that opposes reconstruction is 
 politically dead forever ! [Applause.] 
 
 These are the great reasons why I vote for the Constitution. Another 
 reason why I shall vote, and why if I had ten thousand votes I would give 
 them all for the Constitution, is, that I see in it a principle that is intended 
 to elevate our families — the principle of schools — of education. That is 
 the only way that these Southern people can be elevated. Were they 
 properly educated 'they would not be led, from prejudice, to oppress other 
 men. Were they educated, they would not hate us because we have been 
 slaves; but, like these gentlemen, if they would puzzle their brains and 
 risk their lives upon the battle-field, for the Union, they would stand up 
 for our rights. Away with Union men that will not give all men their 
 rights! Talk about friendship ! Hell is full of such friendship ! The 
 Devil has such friends locked up, and hell is full of them ! 
 
 Mr. DUVALL. I call the gentleman to time. 
 
 Mr. WHITE. I vote Aye. 
 
 Mr. BRADLEY here rose to a question of privilege, but was ruled out 
 of order. 
 
 Mr. WILLIAMS (when his name was called) said : With many more, I 
 vote for the first republican Constitution ever framed in this State, that 
 the people have had an opportunity to vote upon. I vote Aye. 
 
 Mr. WEIGrHT (when his name was called) said : I suppose it will be 
 unnecessary for me to make an explanation. I have been quite silent 
 during the session. I look upon that Constitution, however, as being 
 revolutionary in its character, destructive of the State of Arkansas, and 
 calculated only to subserve political ends.' I shall vote No. 
 
 [Mr. Wright subsequently appended his name to the explanation filed 
 by Mr. Cantt, and which was spread upon the Journal.] 
 
 Mr. WYATT (when his name was called) said : Some gentlemen say 
 no decent man will vote for that Constitution. I am as decent a man as 
 there is here. I think no decent man will vote against it. I vote Aye.- 
 
 Before the vote was announced, 
 
 Mr. BELL said : I made no explanation. I now wish to hand mine in. 
 Mr. Bell accordingly sent to the Secretary's desk the following ex- 
 planation of his vote ; which he asked to have spread upon the Journal : 
 
 Mr. President : As explanations are in order, I offer the following : 
 I regard this Constitution as a compromise. I am of opinion that there is 
 not a member of this Convention who would not make some change or alter- 
 ation in this Constitution if he had the power to do so. I would, myself, prefer 
 
 ( 683 ) . 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Tuesday 
 
 TheConstitution.—GANTT— WALKER— HINKLE— BROOKS. 
 
 some changes, but being unable to make them, and believing that other mem 
 
 bers have conceded as'mueh as myself, and believing that this Constitution, ir 
 
 whole, is such as the good people of Arkansas can live, flourish, and prospei 
 
 under, I vote Yea. 
 
 Moses Bell. 
 
 Mr. GAl^TT. Mr. Wright desires that his name be appended to the 
 explanation which I give of my vote. Also, Mr. Reynolds. 
 
 Mr. WALKER. Please put my name there, also. 
 
 Mr. HINKLE. I was stopped a minute before my time was out. Would 
 you permit me to add a word ? [Cries of " Leave," and of " l!^o."] 
 
 Mr. BROOKS. I ask that the gentleman may have leave to present the 
 remarks in writing. 
 
 • The PRESIDENT. There will be no objection to the gentleman [Mr. 
 Hinkle] placing in writing any remarks which he may desire to submit, 
 and taking time to place them in form, if that will be agreeable to him. 
 
 [The written explanation of Mr. Hinkle, subsequently submitted, ia 
 appended to the report of Ms verbal explanation, on page 670.] 
 
 The vote was then announced as above. 
 
 The PRESIDENT stating : The Ayes have it. The Constitution, its 
 Schedule, and Ordinance, are adopted. 
 
 [The announcement of the result of the vote was received with loud 
 applause upon the floor, and vehement and prolonged expressions of ap- 
 probation from the spectators in the lobbies and galleries.] 
 
 [Mr. KYLE endeavored to obtain the floor, for the purpose of moving 
 an adjournment.] 
 
 Mr. BROOKS obtained the floor, and said : I move that the vote by 
 which the Convention has adopted the Constitution, its Schedule, and Or- 
 dinance, be reconsidered ; and move that that motion lie upon the table. 
 
 Mr. MOORE asked for the yeas and nays. 
 
 Mr. BROOKS. I have no objection. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeaa 
 46, Nays 20, as follows : 
 
 Teas: Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Exon. 
 Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hinds, 
 Hodges of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Misner, Millsaps, Montgomery, Murphy, McClure, Oliver, Poole, Priddy, 
 Eaw lings, Eector, Eounsaville, Sams, Samuels, Sarber, Scott, Sims, Smith, Sny- 
 der, Van Hook, Wilson, White, Williams, Wyatt, and the President— 46. 
 
 Nats: Messrs. Adams, Beasley, Bradley, Corbell, Cypert, Duvall, Gantt, 
 
 . ( 684 ) 
 
Feb. 11th.] ARKA]SrSAS CONSTITUTIONAL CONVENTION. [27th Day. 
 
 The Constitution.— VAN HOOK— HINDS— CTPEKT—BKOOKS. 
 
 • 
 Hicks, Hinkle, Hoge, Matthews, McCown, Moore, Norman, Portis, Puntney, 
 Eeynolds, Shoppach, Walker, and Wright' — 20. 
 
 Absent and not voting: Messrs. Allen, Gray of Woodruff, Hodges of Crit- 
 tenden,* Hollis,t Kelly, Merrick, Owen, Pickett, and Eatcliffe. 
 
 So the motion to reconsider the vote whereby the Constitution, its 
 Schedule and Ordinance, were adopted, was laid upon the table. 
 
 Pending the call of the roll : 
 
 Mr. MOORE said : I move a call of the house. 
 
 The PRESIDENT. There is evidently a quorum present. 
 
 Mr. "VAN HOOK (when his name was called) said : I vote Aye ; be- 
 cause I think that by our reconsidering the vote we may be able to knock 
 off, from the Constitution as presentecJ, some excrescences, and I may 
 thus have an opportunity to vote for its adoption. 
 
 The vote was then announced as above, 
 
 Mr. HESTDS. I move that seventy-five* thousand copies of the Constitu- 
 tion be printed, for the use of the Convention. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. CYPERT remarked : I have had a little experience in revolution- 
 ary movements. Six years ago, I heard just such a clamor, from those 
 galleries, as I heard awhile ago. It shocked me then — it shocks me now. 
 
 Mr. BROOKS. I am sorry for the gentleman's nerves ; but I think he 
 will feel bettei*, pretty shortly. [Laughter.] 
 
 Mr. SARBER. I move that the Convention now adjourn to eleven 
 
 o'clock. 
 
 Mr. COATES. I move to amend, by substituting three o'clock, of the 
 
 afternoon. 
 
 The amendment was accepted, and, 
 
 The question being taken, the motion was agreed to ; 
 And thereupon at 1.40, a.m., of Tuesday, February 11th, the Convention 
 adjourned to 3, p.m., of the same day. 
 
 * Excused. t Si°^- 
 
 ( 685 ) 
 
1868.J DEBATES AND PEOCEBDINGS OP THE [Tuesday, 
 
 Expenses of the Convention — Pay of Members and Officers. 
 
 TWENTY-EIGHTH DAY. 
 
 Tuesday, February IWi, 1868. 
 
 Convention met, pursuant to adjournment, at 3, p.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and a quorum of the members of the Convention 
 answered to their names. 
 
 EXPENSES OF THE CONVENTION — PAT OF MEMBERS AND OFFICERS — AGAIN. 
 
 The PEESIDENT. Before th6 Convention proceeds to business, the 
 Chair desires to lay before it a corariiunication, of some importance, re- 
 ceived from Headquarters Fourth Military District. , 
 
 The following communication was then read : 
 
 Headquarters PotrRTH Military District, 
 (Mississippi and Arkansas) 
 ViCKSBURG, Mississippi, February 1st, 1868. 
 Honorable Thomas M. Bowen, 
 
 President Arkansas Constitutional Convention, Little Eock, Arkansas, — 
 
 Sir: I am directed by the Brevet Major-General commanding the District 
 to acknowledge the receipt of your communication of the 27th ult., with the en- 
 closures therein enumerated, from the hands of your messenger, Honorable Asa 
 Hodges, and in reply thereto to say, that the Ordinances entitled "An Ordinance 
 raising revenue for the purpose of defraying the expenses of the Constitutional 
 Convention," and " An Ordinance providing for the per diem and mileage of the 
 members, and the per diem of the officers of the Constitutional Convention of 
 the Stat^of Arkansas," are, in his opinion, in conformity with the Eeconsti-uc- 
 tion Laws. 
 
 Referring to the Ordinance providing and making appropriation for the per 
 diem and mileage of members of the Constitutional Convention, the General 
 commanding District has to inform you that the Hon. Treasurer of the State 
 has been instructed to pay accounts to the amount of fifty thousand dollars 
 ($50,000.00), in the manner therein provided, from funds to be obtained by sale 
 of United States bonds, now deposited to the credit of the State of Arkansas in 
 the United States Treasury at Washington, D. C. 
 
 I am, sir. 
 
 Very respectfully, 
 _ Your obed't serv't, 
 
 Jno. Tyler, • 
 • Brevet Major IT. S. A., Acting Assistant Adjutant General. 
 
 The PRESID^KT added : The Chair will state that the Merchants' 
 ( 686 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [28th Day. 
 Expenses of Convention— Pay of Members and Officers.— HODGES of Pulaski— CYPERT. 
 
 National Bank, of this City, proposes to advance, without any charge, 
 two-thirds of the amount due to members, in raonejs ; and on the remain- 
 ing one-third, will accept any orders which gentlemen may draw upon the 
 Bank for the payment of any bills ; so that, substantially, it will be the 
 same as if the members received all the money at once. The Bank charges 
 nothing, but will pay dollar for dollar, and will wait, for their money, 
 until the proceeds of the bonds shall arrive here. It is simply a matter of 
 accommodation ; and the President of the Bank wishes it distinctly under- 
 stood that no percentage will be charged. 
 
 After some inquiry, from Mr. Hinklb, which elicited, from the Presi- 
 dent, further explanation, 
 
 Mr. HODGES, of Pulaski, said: Appreciating our condition, a few of 
 us have called upon the President of the Bank [Mr. Alexander McDon- 
 ald], asking if he could not do something for us. He knows how much 
 money he has ou hand and can spare, and to what extent he is willing to 
 accommodate us; and he has informed us that he is willing to pay an 
 advance of two-thirds, out of the funds of the Bank, and wait, for the 
 pay, until the proceeds of the bonds sold shajl arrive here. It would not 
 be convenient to the Bank to advance, from its own funds, at the present 
 time, more than two-thirds of the amount due each one of us. 
 
 Mr. HICKS. What about the expenses of the Convention ? 
 
 The PRESIDENT. The Chair does not understand that the Bank pro- 
 poses to pay the expenses of the Convention. 
 
 After further explanation, from Mr. HODGES, of Pulaski, 
 
 Mr. CYPERT said : I understand, fully, the nature of the accommoda- 
 tion offered ; and I appreciate it. I understand that the money is not 
 here; and the Banker proposes, for the purpose of accommodating the 
 members of the Convention, to advance them, upon their certificates, two- 
 thirds of the amount for which the certificates call, and will a*ume, to 
 the extent of the remaining one-third, any bills due, from members, in 
 
 the City. 
 The PRESIDENT further illustrated the nature of the accommodation 
 
 oftered, when 
 
 Mr. CYPERT said: I propose that each member who has drawn his 
 certificate, furnish it to the Secretary, and let it be so modified that drafts 
 may be drawn in the manner indicated by the banker— two-thirds and 
 
 one- third. 
 The PRESIDENT. That is, in the opinion of the Chair, the proper 
 
 course. 
 
 Mr. HODGES, of Pulaski. I was just now talking with the Auditor; 
 and he says he cannot himself divide the certificate, but if the Secretary will 
 
 { 687 ) 
 
1868.] DEBATES AND ' PEOCEEDIlSrGS OP THE [Tuesday, 
 
 Expenses of Convention— Pay of Members and Officers.— OYPBET— HUTCHINSON; 
 
 issue them in the way suggested by the gentleman from "White [Mr. Cy- 
 peet], he will issue his warrant, and the Treasurer will endorse the war- 
 rants in the manner requisite to enable members to obtain the accommo- 
 dation offered. 
 
 The PRESIDEJ^T. An additional reason exists for some such arrange- 
 ment. Many members have drawn their certificates to include to-day 
 only, and the Convention will, as the Chair understands, scarcely adjourn 
 to-day. 
 
 Mr. CYPEfi,T. The certificates are filled for to-morrow. 
 
 The PEESIDENT. The Convention may possibly not adjourn until to- 
 morrow. Does the gentleman [Mr. Ctpert] make his proposition a mo- 
 tion, in order to take the sense of the Convention? 
 
 Mr. CYPEET. Yes, sir. 
 
 The question was taken ; and the motion was agreed to. 
 
 Mr. CYPEET. I will now move, further, that we tender the thanks of 
 the Convention to the President of the Bank, for his courtesy and kind- 
 ness in this matter. 
 
 « 
 
 The question was taken; and the motion was unanimously agreed to. 
 
 Mr. HUTCHIIsrSON' moved that a committee of three be appointed to 
 communicate to the President of the Bank the vote of thanks passed by 
 the Convention. 
 
 The question was taken; and the motion was unanimously agreed to. . 
 
 The PEESIDEKT announced, as such Committee, Messrs. Hutchin- 
 son, Cypbrt, and Dale. 
 
 The PEESIDENT. Gentlemen who now have certificates, will hand 
 them in to the Secretary; and as they are handed in, the minute of their 
 issue will be cancelled, and a new issue of certificates made, in accordance 
 with the action of the Convention. 
 
 Mr. CYPEET called attention to the case of a gentleman who had, 
 upon certificate drawn, advanced, to a Member, who had left the Conven- 
 tion, the full amount due; and requested that the certificate might remain 
 unchanged, and the gentleman be allowed to draw the full amount which 
 he had advanced. 
 
 The PEESIDENT. If there is no objection, that course may be pur- 
 sued. 
 
 Mr. GAFTT. Will the Bank check on Few York foV the full amount? 
 
 The PEESIDENT. The probability is that the Banker would make an 
 arrangement of that kind. 
 
 { 688 ) 
 
Feb. 11th. J AEKANSAS CONSTITUTIONAL CONVENTION". [28th Day. 
 Boundaries of Little Kiver County.— SIMS— BEOOKS. 
 
 Mr. GrANTT. I prefer taking a certificate in whole, because I cannot 
 use it, with the Sheriff, in paying taxes. ' 
 
 The PRESIDENT. For those who do not desire to carry the money in 
 their pockets, the Chair understands that the Bank is prepared to give 
 drafts on l^ew York, as also on ISTew Orleans, and Eort Smith. That will be 
 optional. Members can have the cash, or checks on banks at those places. 
 
 The Chair will now state that the Secretaries have not yet had time to 
 write up the Journal ; and the Secretary desires, as a privilege, a little 
 more time. The Secretaries have, thus far, since the adjournment of this 
 morning, been engaged in completing the record, and now ask till to- 
 morrow morning, to finish it. A number of matters probably remain to 
 be closed up, by the Convention. 
 
 BOUNDARIES OF LITTLE RIVER COUNTY — AGAIN. 
 
 Mr. SIMS, by consent, offered the following 
 
 OKDINANCE: 
 
 Be it Ordained by the Constitutional Convention of the State of Arkansas.: 
 
 Ist. That Little Elver County be,- and the same is hereby, attached to the 
 Sixth -Judicial Circuit of this State. 
 
 2d. That Eocky Comfort be, and the same is hereby, declared the county- 
 seat of said County. This Ordinance to remain in, and have, full force and 
 effect, until otherwise directed, by the General Assembly of this State. 
 *.■ 
 
 Which was read the first time. 
 
 [The proposition being taken, by a misunderstanding, to be in the form 
 of a resolution, the question was submitted in that form, and the resolu- 
 tion was declared adopted. 
 
 Mr. BROOKS calling the attention of the Chair to the fact that the 
 proposition was submitted in the form of an ordinance, and the Ordinance 
 being read by the Secretary,] 
 
 Mr. BROOKS expressed the hope that the Convention would be ena- 
 bled to proceed, quietly and steadily, to the task of rounding up its busi- 
 ness, without the haste and excitement often incident to the close of the 
 session of a deliberative body. 
 
 The PRESIDENT. It appearing that the proposition of the gentleman 
 from Little River [Mr. Scott], was submitted as an ordinance, and not as 
 a resolution, as was understood upon its reading, the Ordinance has now 
 been read a first time. For the facilitation of business, it will be read a 
 second time, unless there shall be objection. 
 
 No objection being made. 
 
 The Ordinance was read a second time. 
 
 44 ( 689 ) 
 
1868.] DEBATES ANT) PEOCBBDINGS OF THE [Tuesday, 
 
 Messenger of the Convention. — CYPBRT. 
 
 Mr. BEOOKS moved that the rules be suspended, that the Ordinance 
 receive a third reading,*and be placed upon its final, passage. 
 
 The question was taken; and the motion vras agreed to. 
 
 The Ordinance was accordingly read a third time ; and, the question 
 being upon its final passage, 
 
 Mr. HICKS moved that the Ordinance be amended, by striking out so 
 much as related to the selection of Rocky Comfort as the county-seat. 
 
 The motion not being seconded, 
 
 The question was taken; and it was decided in the affirmative, — Yeas 
 51, Nays 7, as follows : 
 
 Yeas : Messrs. Beasley, Belden, Bell, Bradley, Brashear, Brooks, Coates, 
 Corbell, Dale, Evans, Exon, Gray of Jefferson, Grey of Phillips, Harrison, Hat- 
 field, Hawkins, Hinds, Hollis, Hodges of Crittenden, Houghton, Hutchinson, 
 Johnson, Kyle, Langley, Mallory, Mason, Misner, Millsaps, Montgomery, Mur- 
 phy, McCown, McClure, Oliver, Priddy, Puntney, Eawlings, Eector, Bounsa- 
 ville, Sams, Samuels, Sarber, Scott, Sims, Smith, Snyder, Van Hook, Wilson, 
 "White, Williams, Wyatt, and the President — 51. 
 
 Nays : Messrs. Adams, Cypert, Duvall, Hicks, Eeynolds, Shoppach, and 
 Wright— 7. 
 
 So the Ordinance was passed. 
 
 Pending the call : 
 
 Mr. BROOKS asked : Is there a quorum present ? ^■ 
 
 Mr. VAN HOOK. The members are here, but are not voting. 
 
 Mr. MONTGOMERY. I move a call of the house. 
 
 The PRESIDENT. It is apparent that a quorum is present. The Chair 
 is inclined to the opinion that under those circumstances, while a vote is 
 being taken, a call of the house is not in order. 
 
 Mr. MONTGOMERY contended that a call of the house was in order 
 at any time; but he not insisting upon his motion. 
 
 The vote was announced as above. 
 
 MESSENGER OF THE CONVENTION — AGAIN. 
 
 No petitions, or reports of Committees, being presented, and 
 Motions, resolutions, and notices, being in order, 
 Mr. CYPERT offered the following resolution: 
 
 Resolved : That Asa Hodges be allowed twenty cents per mile for bis travel- 
 ling expenses as messenger for this Convention to Vicksburg. 
 
 The question was taken ; and the resolution was agreed to. 
 ( 690 ) 
 
Feb. nth.] AEKANSAS CONSTITUTIONAL CONVENTION. [28th Day. 
 
 Per Diem of Delegate from Izard Co.— MASON— McCLUKE—CYPERT— HUTCHINSON. 
 
 PER BIEM OF DELEGATE FROM IZARD COUNTY. 
 
 Mr. MASON offered the following resolution : 
 
 Whereas : W. W. Adams, a paember of this Convention from Izard County, 
 was led to believe, from the publication of the names of the delegates in the 
 Arkansas Republican, that said election was decided against him, and his oppo- 
 nent, Mr. ToNEY, was also led to believe that he was the member elect from 
 said County, and that said Adams did not receive notice of his election until 
 . the 20th of January, and that his wife was so sick that he did not feel safe to 
 leave her, so that he could get here at an earlier day than the 8th instant : 
 
 Therefore, Resolved: That W. W. Adams be allowed his per diem the same as 
 other members of this Convention. 
 
 Mr. McCLUEE objected. He said the Convention had ordered that, 
 members not present in their seats at the roll-call of any day, should not 
 receive their pay for that day. He protested against a member making 
 his appearance in the Convention one day before the vote upon the Con- 
 stitution, and claiming his full pay. It was an outrage; and the man who 
 penned the resolution knew better than to do it. 
 
 The PEESIDENT. There is a resolution of the Convention, providing 
 that members absent without leave shall not be entitled to mileage. 
 Mr. CYPERT. Unless excused on account of sickness. 
 The PRESIDENT. Yes, sir. 
 
 Mr. CYPERT said he understood that to be the case in this ijistance, 
 and had made the suggestion in order to find what were the feelings of 
 the members generally. It would be remembered that a publication in 
 the " Republican " had led Mr. Toney to believe himself a member of the 
 Convention : he came, and was allowed his mileage. The same publica- 
 tion misled Mr. Adams; and he failed to learn of the fact that he was as- 
 signed a seat, until about January 20th; after which time, by reason of 
 his wife's sickness, he was unable to leave his home earlier than he did. 
 It was thus by no fault of his that he did not appear earlier. No objection 
 had been offered to the award of mileage to Mr. Toney, who came to the 
 Convention through the same error, and by no fault of his. Mr. Adams 
 did not know, until the' return of Mr. Toney, of the fact of his own title 
 to the seat. 
 
 The PRESIDENT stated that, under the order of the Convention, an 
 expression of the sense of the Convention, as to the sufficiency of Mr. 
 Adams' excuse for absence, would be requisite. 
 
 Mr. HUTCHINSON moved, as an amendment to the resolution, that 
 Mr. Adams be allowed per diem for such days as his name might appear 
 upon the roll, and mileage the same as other members. 
 
 ( 691 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Tuesday, 
 
 Per Diem of Delegate from Izard County.— GENERAL DEBATE. 
 
 Mr. DALE expressed the opinion that both Mr. Tonet and Mr. Adams 
 had acted in perfect good faith, and suggested that each take his due pro- 
 portion — one-half — of the pay for the time occupied by the session. He 
 would therefore offer an amendment to the amendment, to the effect that 
 one-half the per diem and mileage due a delegate from Izard County,- be 
 allowed to each. 
 
 The PRESIDENT. Mr. Tonbt's per diem has already been allowed him. 
 
 Mr. DALE. I have no objection to allowing Mr. Adams the same with 
 Mr. ToNBT. 
 
 The PRESIDENT. The Chair then understands the gentleman's objec- 
 tion to relate only to the per diem. 
 
 Mr. DALE. Yes, sir. It is only fair that the two should divide it be- 
 tween them. 
 
 Mr. CYPERT suggested that under the rule fixed by the Convention, 
 each gentleman was already entitled to pay for the time he had actually 
 sat in the Convention, without any further resolution on the subject. 
 
 Mr. MONTGOMERY moved, as an amendment, that the name of Hon. 
 Mr. Kelly be inserted in the resolution. Judge Kelly had himself been 
 sick, and on that account unable to attend the Convention, and was not 
 detained by the sickness of his wife. If Mr. Adams was to receive pay for 
 time during which he was detained from the Convention by the sickness 
 of his wife, Judge Kelly, whose name had been called, upon the rolls, 
 every day, was surely as well entitled to compensation for time of absence 
 occasioned by his own illness. 
 
 The question was taken upon the amendment inserting the name of 
 Judge Kelly ; and the amendment was not agreed to. 
 
 Mr. WILLIAMS moved that the whole subject be indefinitely post- 
 poned. 
 
 Before the motion was seconded, 
 
 Mr. McCLURE said he hoped the resolution would not be adopted. 
 The majority would have enough to answer for on the stump, without 
 voting the gentleman this amount of money. Why had not some of the 
 gentleman's friends offered the proposition ? The responsibility of such 
 disregard of the people's interests, which would be shown by such a squan- 
 dering of the public money, in thirty-five days' pay to a man who had not 
 done a single dollar's worth of service, should be made to rest where it 
 belonged. 
 
 Mr. WILSON moved that the resolution lie upon the table. ' 
 
 The question was taken ; and the motion was agreed to. 
 
 ( 692 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [28tli Day. 
 Impeachment of Judges Harrell and Hargrove.— SNYDER— BELL— BEOOKS—HINKLE. 
 
 IMPEACHMENT OF JUDGES HARRELL AND HARGROVE. 
 
 Mr. SNYDEE, offered the following resolution : 
 
 Whereas, a body of men, styling themselves the Legislature of Arkansas, 
 assembled at the City of Little Eock, in the years A.D. 1866 and 1867, pre- 
 ferred charges against and attempted to impeach the Hon. Elias Haeeell, 
 Judge of the Eighth Judicial Circuit, and also A. N. Haegrove, Judge of tb^i 
 Ninth Judicial Circuit, of this State : 
 
 And whereas, it is believed that said charges are malicious, and foundi?d in 
 prejudice to loyalty : 
 
 Therefore, Resolved : That it is the sense of this Convention that the n^jxt Gen- 
 eral Assembly, upon its assembling and without delay, take measure§/to relieve 
 said Haeeell and Hargrove of the disabilities imposed by said charges. 
 
 Mr. BELL expressed the hope that the resolution would )>& adopted. 
 
 Mr. BROOKS. I should like to hear something about chis case. I do 
 not like to vote altogether blindly upon such matters. J hope the friends 
 of the measure will give us a statement of their rea^oiis for its introduc- 
 tion. / 
 
 Mr. HIISXLE. I have never heard a great deaL4bout the matter; but 
 I have probably learned enough to enable me to/ive the gentleman from 
 Phillips [Mr. Brooks] an idea of it. I am iirformed that the impeach- 
 ment to which the resolution refers, arose fro/prejudice. The Judge to 
 whom I more particularly refer, I know, frc^ personal acquaintance, to 
 be a loyal man. As my information leads )fte to believe, it was from that 
 cause that he was impeached, and stands sfrispended from the functions of 
 Ms office. I presume these are the fact^that have given rise to the reso- 
 lution. 
 
 Mr. SNYDER. I am not acquainte/with the testimony elicited in con- 
 nection with the cases referred to in t^e resolution ; but I have good reason 
 to believe that there was a great deal of malice connected with the prose- 
 cution against these gentlemen. And knowing them to be loyal men, and 
 knowing that, ordinarily, prejudice dotes lie against that class of men, I am 
 inclined to believe that the chargew'preferred could not be supported by 
 testimony, and have not been. IM informed that one of the charges 
 against these gentlemen Was thi?: that they expelled from their juries, 
 after those juries had been raad^up, certain gentlemen who had not taken 
 the oath of allegiance to the United States Government, and who cer- 
 tainly, under those circumstances, were not citizens of the United States, 
 and were no more qualified to sit upon those juries than an individual 
 from India. I have good reason to believe that there is prejudice' at the 
 bottom of these charges. And I have only asked, m this resolution, that 
 
 ( 693 ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Tuesday, 
 
 Impeachment of Judges Harrell and Hargrove.— SNTDEK—BKOOKS—GANTT. 
 
 the next General Assembly, without delay, and as early as may be, look 
 into the matter, and discharge these men from the disabilities which have 
 been imposed upon them by the Legislature. As a matter of course, if 
 the General Assembly should find those charges well-founded, they would 
 not object to the prosecution of them. We ask the passage of the resolu- 
 tion, simply with a view to urge the matter upon the attention of the next 
 General Assembly ; and we hope gentlemen will not hesitate to vote for 
 its adoption, as there is nothing unfair in it. 
 
 Mr. BROOKS. I am content with the ^atement offered by the gentle- 
 ma?i. 
 
 Ml. GAN"TT. The articles of impeachment against these Judges were 
 preferi°d by the House of Representatives of the last General Assembly. 
 At that time I was a member of that branch of the General Assembly 
 which was charged, under the Constitution and laws of the State, with 
 the trial of officers impeached. I think that it is going too far, to assert 
 that the articles preferred against either of the two were the result of 
 prejudice against them as loyal men', or on account of their political sen- 
 timents. Were '.t not true in point of fact, that, by the action of the 
 General commanding this District, and the Executive of the State, that 
 Legislature has been dissolved, and that there is no probability of its 
 reassembling, I would not take this occasion to express my views with 
 reference to the facts chirged in these cases. I feel, however, that I vio- 
 late no rule of propriety, md do not compromise myself, by saying what 
 I believe to be the facts of the cases, and stating, now, what I am perfectly 
 satisfied would have been mj judgment as a Senator, if they had been put 
 upon their trial. It is due, however, to that branch of the General As- 
 sembly which preferred* the charges, to say that I do not believe, for one 
 moment, that they were for an instant actuated by a prejudice against 
 these gentlemen on account of thtir political sentiments. The judges in 
 question were notoriously incompetent for the positions which they occu- 
 pied, on account of their ignorance, on account of their destitution of legal 
 information. They were regarded as common nuisances, upon the bench; 
 and the course which was pursued was adopted in order to reUeve the 
 bench of incompetent men. I do no", believe that the charges which were 
 
 preferred against them would have been sustained in other words— 
 
 I might better qualify that expression,— I do not believe that if sustained, 
 the charges would have amounted to cavise of ihipeachment. The charges 
 preferred involved simply a want of knowledge of the law ; and, after 
 having investigated, to some extent, the facts connected with the two 
 cases, I am now satisfied that all the testimony which would have been 
 introduced would noi have changed my impression, or altered my convic- 
 tion, that the head and front of their offending, was their superlative igno- 
 rance of law, and total incompetency to discharge the functions of the 
 ( 694 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIONAL CONVENTION. [28th Day. 
 Per Diem and Mileage of Contestant from Ashley County. 
 
 office of Circuit Judge. That, however, is not a crime ; and, if that mat- 
 ter had come to me, acting as Senator, I should certainly not have voted 
 for the conviction of those gentlemen on account of their ignorance of law. 
 or their general ignorance. I do not believe, and I think it an injustice 
 to the last General Assembly, to assert, that they were actuated by preju- 
 dice against these gentlemen, on account of political sentiments. It 
 occurs to me that there is not a gentleman here, who knows either of 
 these men, who will assert that they are now, or were ever, competent to 
 discharge the duties of their office. They were unknown as lawyers, 
 entirely ignorant of the law, and did not deserve places upon thei bench. 
 True, admitting all that, it did not justify their impeachment; and I do 
 not suppose that, if their trials had taken place, they would have been 
 removed. That there may not have been some personal prejudice, on the 
 part of those who suggested the impeachment, I am not prepared to say. 
 There were, in the case of Judge Hargrove, some very grave charges; but 
 his answer fully convinced me, knowing as I did, the testimony offered, 
 that his motive in the acts complained of was misconstrued. 
 
 The question was taken ; and the motion was agreed to. 
 
 PER DIEM AND MILEAGE OF CONTESTANT FROM ASHLEY COUNTY. 
 
 Mr. HIISTDS. I had intended to call up the Eeports of the Committee 
 on the Ashley County Election case. At present, I will merely say that, 
 by the Majority Report, it was recommended that the contestant be allowed 
 mileage, and per diem, for the time during which he was engaged in con- 
 testing the seat. A resolution, however, was not offered so as to attain 
 that end. I will now submit the following resolution: 
 
 Resolved: That Mr. Harbison, contestant in the Ashley County case, be 
 allowed mileage and per diem, as recommended by the Majority Eeport. 
 
 Mr. CYPERT moved that the resolution be laid on the table. 
 
 The question was taken, and the President declared that it appeared 
 to have been decided in the negative ; when 
 
 Mr. GANTT called for a division. 
 
 Mr. McCLURE. I would ask if the gentleman was here-, at all. 
 
 Mr. HINDS. He was here all the time. 
 
 The question being taken, upon a division, the vote stood. Ayes 14, 
 ISToes 17, — not a quorum. 
 
 Mr. CYPERT asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 ( 695 ) 
 
1868.] DEBATES AISFD PEOCBBDmGS OF THE [Tuesday, 
 
 Per Diem and Mileage of Contestant from Ashley County.— GENERAL DEBATE. 
 
 The question was taken ; and it was decided in the negative, — Yeas 17, 
 Nays 42, as follows : 
 
 Teas : Messrs. Adams, Bradley, Corbell, Cypert, Duvall, Gray of Jefferson, 
 Harrison, Hoge, Houghton, Mallory, Misner, Eeynolds, Shoppach, Sims, Walker, 
 "Wilson, and Wright — 17. 
 
 Nays : Messrs. Belden, Bell, Brashear, Brooks, Coates, Dale, Evans, Bxon, 
 Gantt, Grey of Phillips, Hatfield, Hawkins, Hicks, Hinds, Hinkle, HoUis, 
 Hodges of Crittenden, Hutchinson, Johnson, Kyle, Langley, Mason, Millsaps, 
 Montgomery, Murphy, McCIure, Owen, Portis, Priddy, Eawlings, Eeetor, 
 Eounsaville, Sams, Samuels, Sarber, Smith, Snyder, Van Hook, White, Wil- 
 liams, Wyatt, and the President — 42. 
 
 So the Convention refused to lay the resolution upon the table. 
 
 Pending the call of the roll : 
 
 Mr. BELL (when his name was called) asked to be excused from voting. 
 
 Objection being made, 
 
 Mr. BELL said he did not understand the question before the Convention. 
 
 The PRESIDENT stating the question, 
 
 Mr. BELL voted No. 
 
 Mr. GANTT (when his name was called) said: I desire to ask the 
 Chairman of the Committee whether the Committee reported in favor of 
 the allowance of Mr. Harbison. My recollection is not distinct, upon that 
 point. 
 
 Mr. SARBER. The m'Sijority of the Cornmittee, with the exception of 
 one member, reported in favor of allowing the gentleman his mileage. 
 The gentleman from Jefferson [Mr. Malloey], however, did not concur 
 in that part of the Report. 
 
 Mr. GANTT voted No. 
 
 Mr. NORMAN (when his name was called) said : On account of my per- 
 sonal connection with the case, I ask to be excused from voting. 
 
 No objection being made, 
 
 Mr. NORMAN was excused. 
 
 The vote was then announced as above. 
 
 The question recurring upon the adoption of the resolution, 
 
 Mr. KYLE said : I would inquire if the case under consideration is not 
 
 the same with that respecting Izard County. 
 Mr. HINDS. It is precisely the same. Mr. Harbison was present, and 
 
 endeavored, in good faith, to obtain his seat. 
 ( 696 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [28th Day. 
 Per Diem and Mileage of Contestant from Ashley County.— GENEEAL DEBATE. 
 
 Mr. MALLORY asked to make an explanation. In his view, the eases 
 were dissimilar. The claimant from Izard County was informed by the 
 Registrar, the person who should know, that he was the elected candi- 
 date. He came with that understanding, and found that he was not 
 entitled to his seat. Mr. Harbison came to Little Rock, knowing that he 
 was defeated. 
 
 Mr. KYLE said that the rule, as he had always understood it, in regard 
 to contestants, was, that where there is a reasonable ground for doubt as to 
 the result of the election, mileage is allowed the contestant. He had 
 never, however, known of a case where a contestant was allowed per diem. 
 As regarded the mileage, he could not see, since it had been allowed the 
 contestant from Izard, why it should not be given in this case. 
 
 Mr. CYPBRT agreed with the gentleman from Jefferson [Mr. Mal- 
 lokt], that the two cases were entirely dissimilar. In the Ashley County 
 case, the contestant had no reasonable ground for believing himself elected. 
 If he could be allowed mileage or per diem, any person who might have 
 chosen to contest the seat of any member upon the floor could have come 
 to Little Rock, and earned his money in the same way. The question, in 
 this case, had been contested before the General commanding the District, 
 and the decision there rendered was affirmed by both Reports of the Com- 
 mittee on Elections. 
 
 Mr. BROOKS moved to amend the resolution by striking out so much 
 as related to the per diem. 
 
 The question was taken ; and the amendment was agreed to. 
 
 Mr. BROOKS advocated the passage of the resolution as amended. 
 The Convention had been decidedly liberal with regard to the gentlemen 
 occupying seats from Ashley County; and if the Convention would recall 
 the circumstances of the contest, it would be recollected that the question 
 of title to the seat was not one wholly clear from cloud and fog. He did 
 not wish to question the propriety of the humane conduct of the Conven- 
 tion, in allowing the honorable gentleman from Ashley per diem for the 
 whole time of the session. But he had thought it wrong at the time, and 
 thought so still. He hoped, under the circumstances, that no parsimonious- 
 ness would be exhibited toward a contestant whose claim certainly, in his 
 opinion, was not without some reasonable ground. 
 
 Mr. SARBER asked to read the conclusion of the Majority Report of 
 the Committee on Elections; which was as follows: 
 
 "While, therefore, there is no doubt in the minds of your Committee as to 
 the truth of these general facts, and that the election for delegates in Ashley 
 County was conducted in the lawless and reprehensible manner described, yet, 
 in view of the time required, and the expense and difficulty of sending for ad- 
 
 (69? ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Tuesday, 
 
 Notice of Election for Eatiflcation.—BEOOKS— HODGES of Pulaski. 
 
 ditional witnesses and papers, they recommend that Messrs. IN'orman and 
 Moore be admitted to seats as delegates in this Convention, and the contest- 
 ant, Mr. Harbison, allowed mileage for his attendance ; and beg to be dis- 
 charged from the further consideration of this subject." 
 
 Mr. GANTT wished to say a word in explanation of his vote. He was 
 a member of the Committee on Elections, and had submitted the Minority 
 Report. That Report had not touched upon the question of per diem and 
 mileage ; but his recollection was, that, at the time, he was of opinion that 
 mileage, at least, should be allowed. He was still of opinion that, under 
 the circumstances, it would be proper fhat the contestant should be allowed 
 his mileage. 
 
 The question was taken ; and the motion was agreed to. 
 
 NOTICE OF ELECTION FOR EATIFICATIOif. 
 
 Mr. BROOKS. I desire that the paper which I now present be read; 
 and that, if it meet the approval of the Convention, the Ordinance be 
 allowed to pass at this session. I wish to explain, that I present the Ordi- 
 nance without its having passed through a Committee. I should have • 
 presented it before a committee, had time allowed. 
 
 Mr. BROOKS then offered the following 
 
 ORDINANCE. 
 
 Be it Ordained and established : That the notice of the time of submitting the 
 Constitution for Arkansas, framed and adopted by this Convention, for ratifica- 
 tion, as required by the Act of Congress entitled " An Act for the more effi- 
 cient government of the Eebel States," be given by the President of this Con- 
 vention, countersigned by the Secretary, and published, as soon as practicable 
 after the issue thereof, in all the newspapers in this State. 
 
 The Ordinance was read a first time. 
 
 Mr. HODGES, of Pulaski, moved that the rules be suspended, the Ordi- 
 nance read a second and third time,- and placed upon its final passage. 
 
 The question was taken ; and the motion was agreed to. 
 
 The Ordinance was read a second and third time. 
 
 Mr. CYPERT. I desire to offer an amendment, by inserting a provision 
 that a copy be furnished to all the newspapers of the State. 
 
 The question was taken ; and the amendment was agreed to. 
 
 The question was then taken on the final passage of the Ordinance as 
 { 698 ) 
 
Feb. llth.J AEKANSAS CONSTITUTIONAL CON-VENTION. [28th Day. 
 Statistics of the Convention— Office of Postmaster of the Convention. 
 
 amended; and it was decided in the affirmative, — Yeas 58, Nays 2, as 
 follows : 
 
 ft 
 
 Yeas : Messrs. Adams, Belden, Bell, Bradley, Brashear, Brooks, Coates, Cor- 
 nell, Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phil- 
 lips, Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, 
 Hodges of Pulaski, Hoge, Houghton, Hutchinson, Kyle, Langley, Mallory, 
 Mason, Misner, Montgomery, Murphy, McOlure, McCown, Norman, Portis, 
 Priddy, Eatcliffe, Eawlings, Eector, Eounsaville, Sams, Samuels, Sarber, Shop- 
 pach, Sims, Smith, Snyder, Van Hook,Walker, Wilson, White, Williams, Wright, 
 Wyatt, and the President — 58. 
 
 Nays: Messrs. Johnson and Oliver — 2. 
 
 So the Ordinance was passed. 
 
 STATISTICS OF THE CONVENTION. 
 
 Mr. EVANS offered the following resolution : 
 
 Resolved : That each member of this Convention be requested to furnish the 
 Secretary with his name, place of nativity, age, profession, county, and post- 
 ofllce address in full, to be compiled by him, and published with the proceed- 
 ings of this Convention. 
 
 Mr. CYPERT. I ask to amend by inserting, — " the length of time he 
 has resided in this State." 
 
 The question was taken ; and the amendment was agreed to. 
 
 Mr. MALLORY. I moye to amend further, by providing that he also 
 state how he came here. [Laughter.] 
 
 Mr. MONTGOMERY. By what right, or by what influence. 
 
 Mr. BROOKS. I move to amend the amendment to the amendment, 
 by adding, that he state the object of his coming. 
 
 Mr. DUVALL [in his seat.'] I would like to amend that, too ! 
 
 Mr. WILSON [in his seat.] I wouldn't like to be cut quite that close ! 
 
 The amendments were agreed to; and the question being taken, the 
 resolution, as amended, was adopted.* 
 
 OFFICE OF POSTMASTER OF THE CONVENTION. 
 
 Mr. MONTGOMERY obtained the floor, when 
 
 Mr. LANGLEY expressed a desire to present a motion on the subject 
 of female suffrage, and 
 
 * Note. — The insufficiency of the data furnished by memhers, rendered impracticable the 
 execution of a portion of this order. 
 
 ( 699 ) 
 
1868.] DEBATES AND PEOCEBDmGS OF THE [Tuesday, 
 
 Appointment of Vice-Presidents of the Convention. — HUTCHINSON. 
 
 Motions for adjournment were offered by Messrs. WILLIAMS and 
 BROOKS, . 
 
 All of which the PRESIDEK'T declared out of order, and 
 
 Mr. MONTGOMERY moved to reconsider the vote whereby the Con- 
 vention had declared vacant the office of Postmaster. 
 
 The PRESIDENT. The gentleman cannot, under the rules, move a 
 reconsideration, without previous notice. 
 
 Objection being made, 
 
 Mr. MONTGOMERY moved that the rules be suspended, in order that 
 the motion for reconsideration might be presented. 
 
 The question was taken ; and the President declared that it appeared 
 to have been decided in the negative ; when 
 
 Mr. McCOWN asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. MONTGOMERY. Before the motion is put, I desire to say one 
 word. No reason whatever was assigned for the motion to vacate the 
 office of Postmaster. The gentleman who occupied that position con- 
 siders the vote as a reflection ; and, desiring to do justice to all men, I am 
 unwilling to do injustice, by reflecting, through my vote in this Conven- 
 tion, upon the character of any man. That is my only reason for moving 
 this reconsideration. 
 
 The question was taken ; and it was decided in the negative, — Yeas 20, 
 Nays 42, as follows : 
 
 Yeas: Messrs. Belden, Ooates, Exon, Hawkins, Hinds, Hinkle, Houghton, 
 Johnson, Kyle, Langley, Montgomery, McCown, Oliver, Rawlings, Eounsaville, 
 Sams, Sarber, Snyder, Williams, and the President — 20. 
 
 Nays : Messrs. Adams, Bell, Bradley, Brash ear, Brooks, Corbell, Cypert, 
 Dale, Duvall, Evans, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, 
 Hicks, Hollis, Hodges of Crittenden, Hodges of Pulaski, Hoge, Hutchinson, 
 Mallory, Mason, Misner, Millsaps, Murphy, McClure, Moore, Norman, Portis, 
 Priddy, Eector, Eeynolds, Samuels, Shoppach, Sims, Smith, Van Hook, Walker, 
 Wilson, White, Wright, and Wyatt — 42. 
 
 So the Convention refused to suspend the rules. 
 
 APPOINTMENT OP VICE-PRESIDENTS OF THE CONVENTION. 
 
 Mr. HUTCHINSON offered the following resolution : 
 
 Resolved: That it is the sense of this Convention that J. L. Hodges, John 
 
 MoClure, Joseph Brooks, O. P. Snyder, George S. Scott, and Walter W. 
 
 Brashear, be made Vice-Presidents of this Convention; whose duty it shall 
 
 be, in case of the President's absence, or inability to perform the duties of his 
 
 ( 700 ) 
 
Feb. 11th.] AEKANSAS CONSTITUTIODSTAL CONVENTIOlSr. [281h Day. 
 Codification of Statutes, and Code of Practice — Female Suffrage— Public Printing. 
 
 office, to have all the power of, and discharge all the duties incumbent upon, 
 the President. Provided, That they shall take precedence, in the discharge of 
 those duties, in the order in which their names are here inserted. 
 
 The question was taken ; and the resolution was adopted. 
 
 CODIFICATION OP STATUTES, AND CODE OF PKACTICB. 
 
 Mr. BROOKS ofiered the following resolution : 
 
 Resolved : That the Boards to digest and arrange the laws, and to arrange a 
 code of practice, as provided in the Constitution, be appointed by the Presi- 
 dent of the Convention. 
 
 The question was taken ; and the resolution was adopted. 
 
 « 
 
 FEMALE SUFFRAGE. 
 
 Mr. LAIfGLEY desired to move an addition to Article I of the Consti- 
 tution. 
 
 The PRESIDEJSTT. The motion is out of order. 
 , A MEMBEE \in his seat.'] Let it be read* any way. 
 
 Mr. GAJfTT. I ask that it be read. 
 
 The SECRETARY read the motion, as follows: 
 
 That the following section be inserted in the First Article of the Constitu- 
 tion, viz. : 
 
 All citizens, twenty-one years of age, who can read and write the English 
 language, shall be eligible to the elective franchise, and entitled to equal po- 
 litical rights and privileges. 
 
 Mr. HODGES, of Pulaski. Understanding that the gentleman from 
 Clark [Mr. Langlby] wishes to discuss the merits of the question, I cer- 
 tainly think we ought not to have any objection to hearing whatever may 
 be said in favor of the motion; and in order to open a discussion, I move 
 the adoption of the proposed clause. 
 
 Mr. KYLE. That proceeding is entirely out of order. 
 
 Mr. LANGLEY. I claim that it is in order. And I will ask that in 
 any remarks I may make on the subject, I may not be disturbed. I wish 
 to say, in advance, that I have been shot through a lung, and cannot speak 
 without some difficulty. I am not an orator. 
 
 PUBLIC PRINTING — AGAIN. 
 
 Mr. KYLE. I have a motion to submit, that is in order, when that ques- 
 tion shall be disposed of 
 
 Mr. LAISTGLEY. I will wait my time. When I went to mill, I was 
 
 always willing to wait my time. 
 
 ^ ^ ( vol ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Tuesday, 
 
 Public Printing— Female Suffrage.— GENERAL DEBATE. 
 
 Mr. KYLE. I have no objection, at all, to hearing the gentleman's 
 speech; but I have a matter, which is in order, that I desire to bring 
 before the Convention. A few days ago, I gave notice of a motion to 
 reconsider the vote by which the Ordinance was passed, taking the State 
 printing from the parties to whom it was awarded by the last Legisla- 
 ture. 
 
 Mr. GANTT. I rise to a point of order. The gentleman is discussing a 
 measure that is not before the Convention. The proposition of the gentle- 
 man from Clark [Mr. Langlby] is before the Convention ; and the gentle- 
 man [Mr. Kyle] is discussing a proposition which he is going to introduce, 
 himself. 
 
 Mr. KYLE. I wish to call up the motion for reconsideration, of which 
 I gave notice. , 
 
 The PRESIDENT. When did the gentleman give that notice ? 
 
 Mr. KYLE. a few days ago. 
 
 The PRESIDENT. The Chair understands that in that case it was 
 necessary that the motion be presented on the following day. 
 
 Mr. KYLE. It does not matter with me; I only wish to set myself right 
 in that respect. [Cries of "Leave."} 
 
 Mr. HODGES, of Pulaski, assured the gentleman from Dallas [Mr. 
 Kyle], that as soon as the proposition of the gentleman from Clark [Mr. 
 Langley], should be disposed of, universal consent would be given that 
 his motion should be taken up. 
 
 FEMALE SUFFRAGE — AGAIN. 
 
 The PRESIDENT. Will that be satisfactory to the gentleman from 
 Dallas ? There seems to be a general disposition to hear the remarks of. 
 the gentleman from Clark. [Calls for Mr. Langley.J 
 
 Mr. GANTT. I move to refer the proposition of the gentleman from 
 Clark, to Mrs. Lucy Stone. 
 
 Mr. CYPERT \in his seat.'] That motion cuts off' debate. 
 
 Mr. MONTGOMERY claimed that, after the action of the Convention, 
 the motion was out of order. 
 
 Mr. HINKLE rose to a point of order. The gentleman from Clark had 
 not yielded the floor. 
 
 Mr. SARBER moved that the Convention adjourn till 10, a.m., of the 
 morrow. 
 
 Mr. BROOKS hoped the gentleman [Mr. Sarber] would permit him a 
 word. He trusted the Convention would extend to the gentleman from 
 Clark an opportunity to express his views upon this subject. If the prop- 
 osition was technically out of order, it could still, by general consent, be 
 entertained. 
 ( 702 ) 
 
Feb. 11th.] AEEANSAS CONSTITUTIONAL CONVENTION. [28th Day. 
 
 Female Suffrage— LANGLEY. 
 
 Mr. MONTGOMERY interrupted Mr. Brooks, and claimed the floor. 
 
 The PRESIDEIS'T.' The gentleman from Clark [Mr. Langle^] has the 
 floor; and the Chair does not understand him to give way for the motion 
 to adjourn. 
 
 Mr. HINKLE rose to insist that the gentleman from Clark should not 
 be further interrupted. 
 
 Mr. LANGrLET expressed his willingness to give way to a motion for 
 adjournment,' provided he should be entitled to the floor on the morrow 
 morning. 
 
 Mr. HODGES, of Pulaski, moved that the Convention adjourn to 10, 
 A.M., of the morrow, with the understanding that the gentleman from 
 Clark should then be entitled to the floor. 
 
 The question was taken ; and the motion was agreed to; and thereupon, 
 at 12, M., the Convention adjourned to 10, a.m., of Wednesday, February 
 12th. 
 
 TWENTY-NINTH DAY. 
 
 Wednesday, February I2th, 1868. 
 
 Convention met, pursuant to adjournment, at 10, a.m. 
 
 Prayer was offered by the Chaplain. 
 
 The roll was called, and the following members answered to their names : 
 
 Messrs. Adams, Beasley, Belden, Bell, Brashear, Brooks, Coates, Corbel], 
 Cypert, Dale, Duvall, Evans, Exon, Gantt, Gray of Jefferson, Grey of Phillips, 
 Hatfield, Hawkins, Hicks, Hinds, Hinkle, Hollis, Hodges of Crittenden, Hodges 
 of Pulaski, Hoge, Houghton, Hutchinson, Johnson, Kyle, Langley, Mallory, 
 Mason, Merrick, Misner, Millsaps, Montgomery, Murphy, McCown, McOlure, 
 Norman, Ohver, Poole, Portis, Priddy, Eawlings, Eector, Eeynolds, Eounsa- 
 ville, Sams, Samuels, Sarber, Shoppacb, Sims, Smith, Snyder, Van Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 The PIIESIDEE"T announced that, the time of the Secrktaribs having 
 been closely occupied in preparing the certificates of members, for pay 
 and mileage, the Journals were not entirely made up, from the minutes. 
 
 By consent, the reading of the Journal was deferred. 
 
 FEMALE SUFFRAGE — AGAIN. 
 
 By consent, the unfinished business of the- previous day, being the con- 
 sideration of the following motion, was taken up : 
 
 ( 70:! ) 
 
1868.] DEBATES AND PEOCEBDINGS OP THE [Wednesday, 
 
 Female Suffrage.— LANGLET—CYPEET. 
 
 That the following section be inserted in the First Article of the Constitu- 
 tion, viz. { 
 
 All citizens, twenty-one years of age, who can read and write the English 
 language, shall be eligible to the elective franchise, and entitled to equal po- 
 litical rights and privileges. 
 
 The PRESIDENT. The gentleman from Clark [Mr. Langlet] is enti- 
 tled to the floor. 
 
 . Mr. LAI^GLEY. I believe in freedom of speech. I claim the right to 
 discuss in the fullest and freest manner any and every question pertaining 
 to the rights of the people, or the interests of the country. This right is 
 not derived from any digest of law or decision of court. It is a direct 
 endowment of God; it is enstamped upon my nature; it is interwoven 
 with all the elements which conetitute me a rational and accountable 
 being. This right I can surrender only with life itself. And the attempt 
 to hinder me from exercising this right on this floor, I indignantly repel 
 as a trespass upon my rights and an insult to my manhood. Sir, for speak- 
 ing in favor of universal freedom, for advocating the rights, and contend- 
 ing for the interests, of the down-trodden and cruelly oppressed people of 
 our country, especially the colored race, I have been incarcerated in dark 
 and loathsome dungeons, as hellish as the Bastile of France, the Inquisi- 
 tion of Spain, or the Black Hole in Calcutta. But, thank God, time, 
 ,which tries all things, has wrought a wonderful chk,nge. I think, from the 
 indications of yesterday evening, that the " Conservative" gentleman [if 
 he is a gentleman !) who charges me with being non compos mentis, has in- 
 spired some of our " Radicals " (?) with his spirit. But, if they think they 
 can intimidate me, they are " mistaken in their man," this time. If any 
 gentleman tells me I am to be denied the privilege of speaking, he insults 
 me, and I will not submit to it. I have, as a man, the right of free speech; 
 and I will fight for it — I will fight for it on this fioor or anywhere else, 
 and in any way! I will speak, on this fioor, if the room is crammed so 
 full of devils that you can't stick the point of a needle between them ! 
 
 Mr. CYPERT. If the gentleman will permit me 
 
 Mr. LANGLEY. Take your seat, sir ! 
 
 Mr. CYPERT. If the gentleman will allow me 
 
 Mr. LANGLEY. Just take your seat, and keep your seat, sir ! [Great 
 laughter.] [Mr. Langley reiterated with much earnestness his notice 
 to Mr. Ctpert to be seated, and Mr. Cypert complied, amid excessive 
 laughter. Mr. Langley continued :] 
 
 I am a Utilitarian. I believe in development, progress, reform, and 
 improvement; and am willing and anxious to do what I can to render all 
 people wise, good, and happy. 
 
 The prophetic ann.unciatioh, that " knowledge shall he increased," is being 
 more and more verified as we approach nearer and nearer the reign of 
 ( 704 ) 
 
Feb. 12th.] AEKANSAS COIsrSTITUTIONAL CONVElSTTIOlSr. [29th Day. 
 
 Female Suffrage.— LANGLEY. 
 
 the " Prince of Peace," when order, truth, and righteousness shall prevail 
 throughout the whole earth. Progress is an unchangeable law of nature. 
 This is an age of improvement. Peforra is the order of the day. We are 
 passing through a crisis unparalleled in the history of the world. We 
 have just struggled through a gigantic war, and are inaugurating a new 
 era in the history of our' national policy. We must reconstruct the gov- 
 ernment of our country on radical principles — universal freedom, impar- 
 tial suffrage, and equal rights. We must be governed by natural justice 
 and scientific principles. Scientific truth must be our guide in ethics, in 
 religion, in politics, in social life, and in legal matters. 
 
 Shall woman, created the equal of man, be entitled to the same political 
 and legal rights as man ? This is the question ; and it is destined to be 
 the question of questions, the great question of the age, the question of 
 the country for years to come. 
 
 I affirm that woman is by nature endowed with equal rights, social, 
 political, and legal, with man. 
 
 The right of woman to the elective franchise, etc., is based on the prin- 
 ciples of scientific truth. I call special attention to this proposition : That 
 woman does not differ from man in any particular that disqualifies her from 
 rightly exercising the same political and legal rights that he does. 
 
 (I call special attention, I say, to that proposition. I want men to meet 
 me with argument, on this floor.) 
 
 Whether this proposition is true or false, depends, not on prejudice, not 
 on ancient custom, not on modern' usage, not on legislative enactment, 
 but on scientific truth. This is a question of science, and can be rightly 
 decided only by scientific knowledge. Anatomy, physiology, and phren- 
 ology demonstrate that woman possesses every natural qualification vjhieh enti- 
 tles a man to political and legal rights. (This is a delicate question ; but a 
 distinguished man has said there are no secrets in physiology.) Man dif- 
 fers from woman as to sex — in physical formation. But the special phys- 
 ical formation of man does not confer on him. political and legal rights ; 
 or, if it does, it confers the same rights on woman, for she has her own 
 special physical formation. Woman differs in formation from man 
 
 (You may laugh, gentlemen, but this is a scientific argument. It is an 
 independent argument. You may laugh and slur— I do not expect argu- 
 ment from any men that deny the right of free discussion. I have been 
 treated disrespectfully; and I do not expect to be met by argument;- but 
 I may say that I do not mean to reply to anything but a fair argument. 
 I am myself making an argument; and I now resume it.) 
 
 Man and woman were created different in the one respect of sex, for a 
 specific and important purpose, viz., the perpetuation of the human race; 
 which is accomplished by mutual consent, and on terms of equality. 
 
 Why is man entitled to political and legal rights ? • Because he is con- 
 
 45 ( '?05 ) , 
 
1868.] DEBATES AISTD PROCEEDINGS OF THE [Wednesday, 
 
 Pemale Suffrage.— LANOLEY. 
 
 stituted with reason, conscience, free will, etc., and sustains various im- 
 portant relations to civil society. Woman is created with reason, consci- 
 ence, free will, etc., and sustains important relations to civil society, and 
 therefore is entitled to the same rights as man. 
 
 I challenge you to deny that proposition. 
 
 Mr. CYPERT [in his seat.~\ I will try it. [Renewed laughter.] 
 
 Mr. LAISTGLEY. She differs from man mentally only as she differs 
 physically. Woman has a tiner nervous system, or brain, a purer mind, 
 and a more beautiful phj'sique, than man. And her rights are, to say the 
 least, the same in nature, extent, and value, as those of man. 
 
 Man and woman are created equal. Their interests are siinilar. Their 
 rights are the same. They possess the same mental characteristics. Woman 
 possesses the same organs, or faculties of mind, possessed by man. Man 
 is naturally a politician ; he loves his home and country; and he is allowed 
 to exercise his political rights for his own safety and the good of his coun- 
 try. Woman also has a political faculty, political rights, political interests, 
 political aspirations, and political duties. 
 
 The term "politics" signifies the science of government. Is not woman 
 a rational and accountable being? Is not woman interested in the affairs 
 of civil government? Has she any rights which man is bound to respect? 
 
 The law of adaptation, or fitness of things, furnishes us with a solid 
 argument in favor of woman's riarhts. 
 
 A man has the right to exercise every organ or faculty which G-od has 
 given him. A woman has the same right. The possession of the eye 
 implies the right to see. The possession of the ear implies the right to 
 hear. The possession of the intellect implies the right to think. And 
 the possession of the patriotic faculty implies the right to act in matters 
 of politics. The patriotic faculty is as strong in woman, if rightly culti- 
 vated, as in man. And it is gross ignorance, or inveterate prejudice, or 
 both combined, which denies woman any political or legal right which is 
 exercised by man. 
 
 The right of woman to vote, etc., springs from natural justice. The right 
 to vote is a natural right, springing from the right of self-protection. Self- 
 protection is a natural right, to which every member of civil government 
 is fully entitled. The main object of civil government is, to protect the 
 people in their rights. Those cannot be certain of protection who are 
 denied the right of a voice in determining who shall frame their laws, and 
 who shall administer them. I contend that men and women are created 
 with equal rights ; that a government derives its just powers from the con- 
 sent of those who are governed ; and that, therefore, woman has the same 
 rights as man in matters of civil government. 
 
 Women have, in various ages of the world, made excellent rulers : prov- 
 ing that they are qualified to rightly act in matters pertaining to civil 
 ( V06 ) 
 
Feb. 12th.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [29th Day. 
 
 Female Suffrage.— LANGLEY. 
 
 government. For men to make and enforce laws which deny women 
 their political and legal rights, is usurpation, tyranny, injustice, and wick- 
 edness. 
 
 The right of woman to vote and hold office is demanded as a matter of 
 good policy. 
 
 We need social reform, civil progress, and legal improvement; and to 
 insure success in achieving such desirable objects, we must have the aid 
 of the women. Woman was made to help man. Say what you will, but 
 the sphere of woman is the sphere of man. He cannot do without her. 
 Woman exerts a great influence in politics now; and what would be her 
 influence if she exercised all her rights ? 'So society can well succeed 
 without the help of women. The Church must be composed in part of 
 M'omen. The social party is incomplete without women. Even the Free- 
 masons have learned that they cannot well succeed without the influence 
 of the fair sex. And woman will yet be admitted to all the political rights 
 of man. It is only a matter of time. We men need in politics, as in 
 everything else, the soft but potent influence of our mothers, our wives, 
 our sisters, our daughters. Intrigue and corruption do not necessarily 
 belong to politics. Why cannot a people vote, hold civil office, and discuss 
 matters pertaining to their rights and interests, with as much integrity 
 and honesty of purpose as they can consider and transact any other busi- 
 ness ? By the aid of woman we can reform our political system, and make 
 politics as pure as religion, Paul says, in effect, " Only let your politics 
 accord with the Gospel of Christ." Men who are seeking for self-aggran- 
 dizement, loving position and power more than their country, do not un- 
 derstand this. They talk as though politics were a monopoly fo^r a favored 
 few— the aristocracy an<l their dupes. They pretend to think, and they 
 succeed in making the most of the people believe, that politics is naturally 
 so corrupt that no pure man has any right to hold office, and that a woman 
 is entirely wrong to even talk about having political rights and privileges. 
 
 We, as a nation, deny one-half of the people, the purest and best half, 
 their rio-hts, and wonder why we succeed no better. The Democrats 
 say that this is a white man's government. The Eepublicans contend that 
 it is a man's government. The " Equal Rights " Party affirm that this is, 
 of right, the people's government ! And I contend that to deny any per- 
 son any political or legal right, merely on account of sex, or color, is un- 
 natural, unjust, and tyrannical. Patriotism, intelligence, and moral vir- 
 tue, are the only just and proper precedent conditions of enfranchisement. 
 It is a crime to exclude from civil or legal rights any person who possesses 
 these qualifications. Woman is, by nature, as patriotic and intelligent as 
 man. Woman is more virtuous than man ! Man will corrupt any institu- 
 tion " enterprise, or business, from which woman is excluded ! The his- 
 tory' of the world will establish this proposition. The coarser qualities of 
 
 { m ) 
 
1868.] DEBATES AND PROCEEDINGS OF THE [Wednesday, 
 
 Female Suffrage.— LANG-LET— CTPEET. 
 
 man must be counteracted by the pure and ennobling powers of woman. 
 This is essential to complete success in matters of national policy. This, 
 and nothing short of this, will ensure the peace, safety, and intelligence, re- 
 quisite to national prosperity and happiness. There never can be a millen- 
 nium of peace and prosperity, while one-half the people — the better half — 
 are denied their just rights. My wife is as well qualified to vote as I am. 
 We have women in our country who are better qnalified to hold any civil 
 office, however responsible, than are the men who oppose female suffrage. 
 
 Society treats woman with great injustice. She is compelled to submit 
 to laws which she has no voice in making. She is compelled to pay taxes, 
 while she is denied the right of representation. She is consigned to infamy 
 for an error which man may commit with impunity. Her hard earnings 
 may be forcibly taken from her by a villainous husband, and she has no 
 legal mode or means of redress. 
 
 If woman is equal to man, she is entitled to the same rights. If she is 
 inferior, she is in greater need of protection. Therefore, I say, put the 
 ballot into her hand. 
 
 Woman is every way worthy of the confidence which I propose we shall 
 repose in her. She is truer and purer than man. She has more moral 
 integrity than man. She makes a good teacher, author, and orator; a 
 fine physician, musician, and artist; an affectionate mother, a confiding 
 sister, a loving wife ! And who will deny that she is naturally qualified 
 to make an excellent politician ? 
 
 Mr. CYPEET. I desire to offer the following amendment: 
 
 Provided, That no man who has a wife shall be allowed to vote when the 
 right is exercised by his wife. 
 
 [Laughter.] 
 
 I wish to offer a few remarks, in support of the amendment. I hold, 
 sir, that I am a Union man; and that, not only so far as the Govern- 
 ment is concerned, but as regards the relations of families. I do not 
 wish to assist in inaugurating any system that will be likely to give 
 rise to secession in families, and to create conflicting interests between 
 husband and wife. I believe, sir, that the proposition of the gentleman 
 from Clark [Mr. Langley], if carried out, will provoke husband and 
 wife to extreme measuress. Revolutions in families will be the conse- 
 quence. Devastation will spread through the homestead. Children will 
 be snatched from the protection of their fathers and mothers. I contend, 
 sir, that if the right to exercise the elective franchise is given to both the 
 husband and wife, it will be fraught with consequences which cannot, in 
 all their horror, be anticipated by any mind. 
 
 On the other hand, I can see no great impropriety in conferring upon 
 woman the right to vote, provided she is the only one, in the family, 
 ( TOS ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIONAL CONVENTION. [29th Day. 
 Female Suffrage.— CYPEET—LANGLEY. , 
 
 allowed to exercise that right. I believe that, in many instances, the 
 women are better capable of voting than the husbands; and where that 
 is evident, the dominant mind will, of course, exercise the right. [Laugh- 
 ter.] In the case of the gentleman, I will be willing to agree that his 
 wife is moi'e capable than he, of exercising th,e right of suffrage. [Re- 
 newed laughter.] But there are some exceptions, to this rule, — cases 
 where the gentleman would be more capable than the lady, of exercising 
 the right; and in those exceptional cases, I would not be willing to bring 
 about the difficulties, between husband and wife, which must inevitably 
 ensue. Hence, the object of the amendment is, to confine the privilege 
 to one individual, at least as between husband and wife. 
 
 I must confess, sir, I should think it somewhat rash to place the ballot 
 in the hands of women. The gentleman says that women were created 
 equal with man, in every respect. I beg leave to differ. 
 
 Mr. LAJSTGrLEY. With the exception of sex, as I explained in a few 
 words. 
 
 Mr. OYPERT. I did not understand the sense in which the matter was 
 explained: but I understand the gentleman to admit that there is a slight 
 difference ; I understand that it has been so asserted from the pulpit, and 
 I would not be disposed to question the fact. 
 
 Mr. WILSOIST [in his seat.^ The gentleman [Mr. Langley] made allow- 
 ance for that. 
 
 Mr. LANGLEY. That does not give to either a claim to exclusive civil 
 rights. 
 
 Mr. CYPERT. I can only say, sir, with the pious deacon, — " Thank 
 God for the variation !" [Laughter.] Certainly, sir, were it not for that 
 difference, — a difference which I would not change, to-day, if I could, — 
 society. would be upturned, the world would cease to go on in its great 
 career, the human family would cease to exist, and I am inclined to be- 
 lieve, sir, the extinction of mankind would be the ultimate consequence ! 
 The gentleman spoke with great severity of some " conservative gentle- 
 man." I do not think I fully understood him. But, in consequence of a 
 previous conversation which I had had with the gentleman, I was about 
 to rise to a privileged question, when the gentleman made me take my 
 seat very quickly. [Laughter.] Unfortunately, in a conversation with 
 him, I did accuse him of being crazy. I meant a joke, then; but if he will 
 persist in proving to the world that he was crazy, I cannot help it. 
 
 Mr. LANGLEY. Sir, you are too crazy to meet my arguments, or even 
 to try. [Laughter.] 
 
 Mr. CYPERT. I do not propose to meet all the arguments of the gen- 
 tleman. I am no scientific man, and never propose to discuss scientific 
 questions. 
 
 ( ?09 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Wednesday, 
 
 • I'emale Suffrage.— LANGLET—CYPBRT—SAEBER—GANTT— DALE— WILSON. 
 
 Mr. LAIfGLEY. Why not sit down, then, and let men discuss them 
 who can ? [Shouts of laughter and applause.] 
 
 Mr. CYPERT. If I thought there was another gentleman in this hou«e, 
 beside the gentleman from Clark, who could discuss that question scien- 
 tifically, I would sit down. But it is a peculiar order of science, known 
 only to the brain of the gentleman, I believe; and I confess that I am not 
 capable of discussing it, and rose only to offer these ffew suggestions in 
 favor of my amendment, in order to ward off the fearful revolution in 
 societies and families, which I was apprehensive the gentleman's proposi- 
 tion, if adopted, would be likely to effect. [Laughter.] 
 
 Mr. SARBER. I move that the whole subject be laid upon the table. 
 
 Mr. CYPERT. 0, come, don't treat it in that way ! It ought to be fairly 
 discussed. 
 
 The PRESIDENT. The Chair understands that there are several gentle- 
 men who propose to speak upon the subject; and perhaps the gentleman 
 from Johnson [Mr. Sarber] will withdraw his motion. 
 
 Mr. GANTT. I rose to make the same motion with the gentleman from 
 Johnson. I will say, however, I am decidedly in favor of the amendment. 
 I think one of the heads of a family ought to exercise the right of voting. 
 There are, in all families, two articles, neither of which more than one 
 member of the family ought to wear; the one is, the breeches; I will not 
 mention the other. [Laughter.] 
 
 Mr. SARBER. I will withdraw my motion. 
 
 Mr. DALE. I have been engaged in writing, and have not been paying 
 any attention to the run of this discussion. But as this seems to be a sort 
 of free fight, and inasmuch as I have been, during the session, a man of 
 slow 8p(?ech — by some gentlemen perhaps considered rather on the modest 
 order, — I might perhaps venture a remark or two. I wish to say that in 
 any allusions that I may make to any gentleman on this floor, I do not 
 propose to deal in personalities; because 
 
 Mr. WILSOIsr. Will the gentleman allow me to ask him one question, 
 before he proceeds ? 
 
 Mr. DALE. Yes, sir. I believe this is a sort of general class-meeting. 
 I am ready to answer any question any gentleman may choose to put. 
 
 Mr. WILSOK I only wanted to know if you were going to read all 
 those papers, in your hand, before you quit. 
 
 Mr. DALE. A little louder, if you please, sir. [Lau-ghter.] 
 
 Mr. WILSOE". Are you going to read all those papers? 
 
 Mr. DALE. It will somewhat depend upon circumstances, sir. [Laughter.] 
 
 I was going to say, Mr. President, that I am rather favorable to the reso- 
 lution offered by the gentleman from Clark [Mr. Langley.] I caught 
 one point, only, in the discussion, and that was the statement of my friend 
 from White [Mr. Cypert], regarding the insanity of the gentleman from 
 ( no ) 
 
Feb. 12th.] ARKANSAS COlSrSTITUTIOlSrAL CONVENTION. [29th Day. 
 
 Female Suffrage.— DALE— WILSON. 
 
 Clark. The gentleman from White admitted he had said the latter gen- 
 tleman was crazy; bnt says he was just in fun. Well, we frequently see 
 men, crazy themselves, get in fun with others, and think that the others 
 are crazy. I have seen this difficulty for, lo, these many weeks — I have 
 seen that certain gentlemen occupying seats on this floor, were really and in 
 fact fitter subjects for the Insane Asylum than for certain other places that 
 might be mentioned. In illustration of this fact, I will refer to the dis- 
 cussion on the night — I believe it was — of the 11th, on the adoption of the 
 Constitution, as conducted by the gentleman from Ashley [Mr. Moore.] 
 Is the gentleman here ? 
 
 Mr. KYLE [in his seat.^ No, sir. 
 
 Mr. DALE. I am not in the habit of speaking of men, or their actions, 
 when they are not present. However, the gentleman from Ashlej' should 
 be in his place. Having participated in that discussion, he should be here 
 at all times, ready to hear and answer anything that may be said in regard 
 to the remarks he made. And as this is, as I said, a sort of free fight, I 
 propose to notice some remarks made by the gentleman from Ashley, on 
 that occasion.' 
 
 He gets up out here [in the aisle] — and, in fact, he got so close to me 
 that I had some thought of retreating, — and savs: " This is a monstrous 
 thing !" " Mr. President, we have assembled here to frame an organic 
 law; and I must say that such men should never have polluted the soil of 
 Arkansas !" ISTow, sir, I would gladly have had the gentleman from Ash- 
 ley go on and define whom he alluded to — what individuals, or what class 
 of individuals, he intended to describe; — whether he meant that class of 
 persons who stand here as the representatives of the loyal element of 
 Arkansas, or those of the disloyal element of the State. I say I would 
 gladly have had him define moi-e particularly the class to which he referred, 
 if he intended to make his remark personal, or desired that it should be 
 taken up. But I must say that such men never should have polluted the 
 soil of Arkansas — such men as constitute 
 
 Mr. WILSOIST. I rise to a point of order. Is the gentleman debating 
 the question before the Convention ? 
 
 The PRESIDEISTT pro tempore [Mr. Duvall.J The Chair is disposed to 
 allow a tolerably large scope in the discussion of this matter. 
 
 Mr. DALE. I desire to know whether the loyal people of Arkansas are 
 to be trampled under foot — crushed under the heel of these Rebel despots, 
 slanderers, and traducers; or whether the loyal people of Arkansas areio 
 be treated with common decency, by gentlemen occupying a place only 
 co-equal with themselves upon this floor. I desire, sir, to know if the 
 loyal people of Arkansas will tamely submit to this kind of traduction 
 and slander. (I hope the Jack-in-the-box will not jump up, presently, again. 
 [Laughter.] I thought I might be permitted to go on and say what I 
 
 ( 711 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Female Suffrage.— DALE. 
 
 wish ; and if I am so permitted, I shall say it in my own way, and leave 
 all who choose, to draw their own inferences.) 
 
 Much has been said, on this floor, as to the time and manner of gentle- 
 men's coming to Arkansas. I wish to say, for myself, that I came by way 
 of the various battle-fields. I fought my way down here, through blood. 
 I found my way down here by hewing my path through the ranks of 
 rebels — these men who have devastated the country, wbo have trampled 
 the flag under their feet. I wish I had the Journal of the Convention of 
 1861 here ; I would read some few lines for the benefit of certain gentle- 
 men on this floor, who talk about their opinion that " such men should 
 never have polluted the soil of Arkansas!" Polluted and disgraced the 
 soil of Arkansas ! I did not come here, sir, with a roll of money in my 
 pocket, and a fine gold watch, to give to any cut-throat or assassin, to pro- 
 cure his services to murder some man who had fought like a brave soldier, 
 throughout the war, in the Confederate army. I did not come here with 
 means. I was not so fortunate as to have means. I might say, however, 
 without fear of successful contradiction on this floor, that at the com- 
 mencement of the war I was somewhat more fortunate, in point of means, 
 than I now am. But whatever I may have had, that cuts no figure in this 
 case— it is gone long since. When the Rebels took Baton Eouge, they 
 stole over seven thousand dollars from ine; when Price's forty thousand 
 thieves invaded Missouri, they took the balance, be it much or little. I 
 came here with neither the pecuniary ability nor the good will, to employ 
 men capable of bushwhacking my neighbors. Neither, when I came down 
 here, sir, did I come with the expectation that when I raised my voice in 
 favor of reconstruction, in favor of the old flag, I would be hunted down 
 by' those murderous cut-throats, thieves, and robbers, whose hands are red 
 with loyal blood. 
 
 I did not expect when I came to this State, that I would riieet, in this 
 hall, a dirty traducer of common decency, who would publish a notice that 
 " the gentleman from Independence had walked across the country, but 
 that, if reports were true, he would ride into the city." Let me tell the 
 gentlemen of the " Gazette," that they are in no danger. Their stock is 
 in no danger. I am not in the habit of riding jackasses; when I ride, I 
 ride fine stock— I ride the noble Arabian. Let me tell, you, sir, that that 
 concern need have no fears of me; they have no stock that I would stop 
 to catch to ride, if I were in a hurry. I have been watching these fellows, 
 sir; and I have been terribly frightened ! This miserable sheet, sir, has 
 been paying its compliments to every decent man on this floor, except 
 myself; and that is the only notice they have given me. I would be op- 
 posed, under almost any circumstances, to expelling any reporter of any 
 public journal, from any deliberative body; but I do say, and do think, 
 that when men are admitted to the floor of a legislative assembly, for the 
 ( 712 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIONAL CONVENTION. [29tli Day. 
 
 Female Suffrage.— DALE. 
 
 purpose of enabling them to report the -proceedings and co6duet of the 
 body, at least they ought to keep somewhere in the region round about 
 the bounds — in the edge of the territory — of truth and common decency. 
 So far as I myself am concerned, all I have to say as to the reflections 
 cast upon me, is this. In the commencement of the war I entered the 
 service. I have never held a commission. This is the first office I ever 
 held in my life. L have carried my musket and knapsack through heat 
 and cold, mud and rain ; — I underwent as many privations, perhaps, as any 
 man of my physical abilities and age could undergo and live. I have, in 
 common with others, divided my last cracker with those who were driven 
 out from their homes and country by this very class of men of whom this 
 dirty, filthy, foul-mouthed journal is the political representative. [Laughter.] 
 I say I never held an office, in my life, before this, — if this can be called 
 an office. I do not know that I shall ever hold another ; and it matters 
 very little to me whether I do or not. I can make my way. I have made 
 my way. I have gone through the war, and have come out alive. I have 
 an honorable discharge from the service of my country. The United 
 States Government has been paying me, for years, for killing just such 
 men. [Laughter.] And whilst I do not demand one single drop of blood 
 for vengeance, yet if it be necessary, for the protection of the lives, prop- 
 erty, and character of loyal men in Arkansas, let this Arkansas Elver's 
 banks overflow with it ! Let these gentlemen undertake the game they 
 threatened us with the other night ! 
 
 Sir, let us see what has been said on this subject, by the other gentleman 
 from Ashley [Mr. IsTorman.] I quote his language : 
 
 " By accident we are in the minority here ; but there are twenty thousand 
 registered white voters at our back, who will follow us through all danger." 
 
 Yes, sir ! This gentleman from Ashley comes up here and menaces this 
 body, and the loyal people of Arkansas, with the threat that they—" we "— 
 the gentleman from Ashley— the leaders of the "White Man's Party"— 
 are backed by twenty thousand white registered voters, and that we must 
 beware where we put our feet ! Let me tell those gentlemen, the repre- 
 sentatives of that party, beware, yourselves, wl;iere you put your feet ! 
 move slow !— for I submit that there is danger here— there are torpedoes 
 all around here ! Inaugurate this game, and some men will get hurt! 
 [Laughter.] I tell you, Mr. President and gentlemen of the Convention, 
 I say to this whole country,— let them dare to fire a gun, where I live 
 [Laughter], and neither man, house, nor barn shall be left. I know, sir, 
 that my death-warrant has been in the hands of the assassins, for more 
 than two years. Those same men, those same cut-throats and murderers, 
 those same thieves and robbers, have surrounded my house, time and again, 
 and formed conspiracies, fifty and sixty of them in a gang, for the purpose 
 
 ( ns ) 
 
1868.] DEBATES AND PEOCBEDINGS OP THE [Wednesday, 
 
 Female Suffrage.— DALE. 
 
 of murdering me and my loyal neighbors; and I dare the "G-azette" to 
 deny it — I will prove it. Those same men who robbed their neighbors of 
 their horses, of their cattle, of their money, and even robbed women and 
 children of their half-worn clothing, are our neighbors — we live right 
 among them. They admit that during the war nobody ever heard of a 
 loyal man stealing anything. They admit that when we were all gone 
 within the Federal lines, and there were no loyal men in that country, 
 there was ten times as much stealing, in that country, as there ever was 
 before or since. Maybe the " Gazette " will deny that ! But, some way 
 or another, it so happened that as soon as the war was over, — as soon as 
 the rebels had stolen everything, and there was nothing left to steal [Laugh- 
 ter], and the loyal people began to return to their homes, the rebels be- 
 came exceedingly honest, and the Union men turned in to stealing every- 
 thing! It so happened, however, that in the part of the State where I 
 live, there has never been a man caught with a stolen horse, yet, but he 
 wa,s a rebel. Just so sure as a horse was stolen, in that country, and the 
 thief was caught on his back, that thief was a rebel. Yet the loyal men 
 do all the stealing ! 
 
 Why, sir, during the late canvass they stopped for nothing. We may 
 expect to meet them in like manner, in a contest on kindred subjects, in 
 the coming canvass. They stop, I repeat, at nothing. JSTo falsehood, no 
 traduction, no villainy, was too low for them to descend to, in order to 
 defeat reconstruction, to defeat the call for a convention, or to defeat an 
 individual candidate. Their representative men come up to this Conven- 
 tion, and declare, in the first place, that they are Union men — they are for 
 the old Constitution — they are for the Union ; and then they oppose every 
 means of our getting back into that Union which they love so dearly! 
 
 I am reminded, Mr. President, by this reference to the course of ipen 
 who in one breath are for the Union, and in the next against it, of that of 
 the honorable gentleman from Bradley [Mr. Bradley], the other night— 
 I mean the steamboat-captain [Laughter] — the man who doesn't deal in 
 small things. I wish I had here the Journal of the celebrated Convention 
 of '61 ; I would read to the Convention, from a paper purporting to have 
 been sent in to that body by the honorable Governor of the State of Ar- 
 kansas, announcing the fact of the capture of a couple of steamboats, 
 down about ISTapoleon somewhere, and giving an invoice of their freight, 
 with a statement of their capacity to run on certain rivers, and of their 
 usefulness; as well as of the fact that certain individuals about Pine Bluff 
 had, of their own volition, captured certain property, which he, the Execu- 
 tive, had thought proper to apply to public use,— part of which property 
 consisted of certain stores, containing, with the rest, certain cavalry equip- 
 ments, etc. I had been inclined to think, before I read that record, that 
 there had been none of this jayhawking done in Arkansas, but that it was 
 ( "4 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIOI^AL CONYBNTIOK [29th Day. 
 PemaleSuffrage.— DALE— CYPBRT— MOORE. 
 
 confined to the N"orthern border, where the Missourians, as was said, had 
 all come over the line and committed this deviltry — I understood that 
 there were no bad men in Arkansas, at that time, thus demonstrating that 
 all the bad men had come in since. But it proves that they had extended 
 their perambulations to Pine Bluff; and instead of stealing cattle and 
 horses, they went into it by the steamboat-load. 
 
 Mr. CYPEIiT. I understood they stole steam-mills, and steam-engines. 
 [Laughter.] 
 
 Mr. MOORE. One man certainly stole a steam-engine. 
 
 Mr. GANTT [in his seat.'] Forges, too. 
 
 Mr. DALE. I wouldn't venture to deny anything of the kind ; — if there 
 was anything that that horde of Confederate cut-throats wouldn't steal, 
 you couldn't get anybody to do it. [Laughter.] Their first salutation, when 
 they met you,, was, — "Your pocket-book! I have an order for it." 
 [Laughter.] Hand that up, and think you would get out of the scrape 
 thus easily — " I have an order for your coat!" This begins to kind of 
 shuck the fellow off, and the thief observes that there is no hole in the 
 seat of his breeches; and he has another order for the breeches; and in 
 order to get them off he has to pull off the man's boots. [Laughter.] " 0, 
 yes— I forgot that — I have an order for your boots!" And they come up 
 here and talk to loyal men, men governed by the principles of honor; and 
 undertake to class-lead us ! — these men — I believe I heard a phrase used, 
 the other day, that is very applicable here—" there are better men in hell, 
 than the best of them." They talk to us, and undertake to class-lead us, in 
 the principles of common decency and honor !• Sir, the gentleman from 
 Bradley [turning round], I see, is not present. 
 
 Mr. MOORE [who had entered the hall, and sat immediately in rear of Mr. 
 Bradley's jofaee, replied, from his seat:] — /am. 
 
 Mr. DALE. I am glad you are here. JSTow, you hold, while I skin, and 
 rif hold while you skin, sir ! [Great laughter.] 
 
 I was about to say that the gentleman from Bradley [Mr. Bradley] 
 undertook, in his remarks the other night, to quote some Scripture— these 
 fellows are great fellows for Scripture, now, and " Constitution," and 
 " Union," and " flag." I heard him say something to the effect that when 
 your enemy smote you on one cheek you should turn to him the other 
 also. I looked up at him and said to myself,— I wonder if you haven't 
 been in such a scrape, lately. Judging from appearances, I should sup- 
 pose he had just been turning first one cheek and then the other, to his 
 enemy. [Laughter.] 
 
 ISow [to Mr. Moore], I have turned down : and now I will turn up on 
 you.— [Searching among his papers.] Just hold on, Mr. President,— I. 
 am in no hurry here. I have been taking things easy, ever since the war 
 commenced— and it is not done yet, for I am told the great battle of Hot 
 
 ( 715 ) • 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Wednesday, 
 
 Female Suffrage.— DALE. 
 
 Springs has just come off. [Laughter.] Ah ! I have found, at last, my 
 notes of the gentleman's remarks. " Are they not ashamed of them- 
 selves ?" I can't squeal it out exactly as the gentleman from Ashley [Mr. 
 Moore] can. " I am ashamed that such an instrument should be thrust 
 upon the people of Arkansas." " Thrust upon them !" [Laughter.] " Thrust 
 upon the people of Arkansas !" [Renewed laughter.] I reckon somebody 
 else is ashamed that something else was thrust at them ! • I wonder if the 
 gentleman from Ashley expects to scare anybody here. I wonder if anj 
 one else on that side of the house expects to scare the loyal men of Arkan- 
 sas. If they do, all they have got to do, is to " pitch in, dirty-face;" and 
 if we don't take the starch out of their collars, it is our fault. They have 
 "twenty thousand registered white men that will stand at their backs!" 
 Now, Mr. President, let us reason on that subject, a little. [Laughter.] 
 Suppose they have them, and that they are registered. Suppose they 
 have twenty times twenty thousand, and all registered, and " white men" 
 — as they reiterate in every speech. They want it distinctly understood 
 that they are white men. Sir, men who believe the truth of what they 
 are saying, are not going to talk about it so much. I don't doubt that a 
 good many of those cut- throats were white outside; but I found a good 
 deal of black by cutting into the inside. The- black is inside. Ashamed 
 of ourselves ! Sir, a man who can take it upon himself, after having op- 
 posed every institution of the country, except that of slavery, and its per- 
 petuation, and the degradation of white men, and its perpetuation, to 
 adopt this style of rebuke to the' representatives of the loyal people of the 
 State, ought to be ashamed of himself. " I," — the gentleman from Ashley, 
 the representative of the Rebel element of Ashley County, the representa- 
 tive man of that class of men who stood behind the doggery, and fired 
 salutes' in honor of a Confederate victory, at the late election there, — "am 
 ashamed that such an instrument should be thrust upon the people of 
 Arkansas!" That is to say, it is a shame that such an instrumSnt 
 should be thrust upon " us," — the aristocracy, the brains, the literati of 
 Arkansas! "We," the great "people of Arkansas!" "We," the old 
 settlers ! These carpet-sack men dare to come in and settle in this State ! 
 Let me tell the gentleman from Ashley, that the days of '61 and '62 have 
 passed, here. He is four or five years behind the times. And now, for 
 the benefit of the gentleman from Ashley, and all of that class, I will say, 
 that we mean to stay here. We came here to stay, and we mean to stay. 
 We not only mean to stay here, ourselves, but we are going to procure 
 an immigration hither. 'Yes, sir, we are going to immigrate a Horde of 
 these live Yankees and black Dutch, into this country. We are going to 
 break up this old, time-honored system, that they talk about. We are 
 going to overthrow this great system of instruction that they have had. 
 We are going to overthrow the magnificent system of internal iraprove- 
 ( T16 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIOlSrAL CONVENTION. [29th Day. 
 
 Female Suffrage.— DALE. 
 
 ment, that they have had here. "We are going to throw over the fence 
 these old-fashioned shovel-ploughs, and introduce the new instruments 
 '■'■from the, North !" — (sonorously speaking). In five years from to-day, ask 
 one of these gentlemen if he was one of those who engaged in denouncing 
 these men " from the North," and he will want to kill you. Saj^ to one of 
 them, now, — "I don't believe, much, in you — you were a rebel, and I can't 
 place much confidence in your political integrity and moral honesty;" and 
 he just cuts up and dusts all around — he never was a rebel — he was a Con- 
 stitutional Union man — he was conscripted ! (Follow one of these fellows 
 that was conscripted, and you will find, in nine cases out of ten, that he 
 " conscripted " everybody's pocket-b'ook, that he could get hold of. It is 
 true, the rebels did now and then get a Union man; but they had to grab 
 pretty quick, when they caught him, for he was pretty sure to just pitch 
 headlong into the brush, when they came along;) Yes, sir; I would like 
 to ask the gentleman from Ashley, whilst he is expressing his indignation 
 and shame that such an instrument should be thrust down the throats of 
 the people of Arkansas, — how he feels on the subject of the Ordinance of 
 the 6th of May, 1861. I wonder if he is ashamed of that instrument. I 
 reckon not. He is only ashamed that they were not able to sustain their 
 cause. I wonder if the gentleman is ashamed of the action of his Legisla- 
 ture, away back in 1856, when they passed a law that if any free man of 
 color failed to leave the State in sixty days, or so, he should be sold. I 
 wonder if he is ashamed of that. no ! 
 
 I must now let my friend rest a little while; for he has been holding, 
 and you know how hard it is to hold an awkward ox while you skin him 
 alive. I hope he will return me the compliment, and let me rest now and 
 then, when he gets up. 
 
 I must now for a moment notice my friend from White County. (But 
 first let me take some xwater on the subject; for an old friend of mine told 
 me he was iti favor of water in these cases, and thought they should be 
 baptized, when they became thoroughly converted. I don't know but 
 water would do in some cases; but in this case I would circumcise them.) 
 Now, let us try to dispatch this affair, in as short metre as possible, with 
 my friend from White— I believe he is from White— he is a small man— 
 I have forgotten his name, but you will be able to know him. When he 
 came to this Convention, he was in tolerably fair order— not well grown, 
 however. I supposed he was a shoat that had grown up without corn, 
 when there was no mast, in the dry season of the year, and had been 
 somewhat stunted. The man that undertakes to follow this gentleman on 
 any particular line, is going to be lost; for the gentleman goes in every 
 ■conceivable direction, and ends nowhere. However, I must extend, to 
 my friend, my heartfelt sympathies; for I believe that he is a gentleman, 
 in his personal demeanor, courteous and civil towards all of whom he haa 
 
 ( 717) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Wednesday; 
 
 Female Suffrage.— DALE. 
 
 a high opinion. [Laughter.J (Let us take some more water. Every time 
 I use that name, the gall and wormwood comes up, and I have to take a 
 drink of water. Booh! Bitter!) I say this gentleman travels in every 
 direction, and ends nowhere. He has been dashing around, until I really 
 feel to sympathize with him. He seems to have been in a great deal of 
 trouble, from the day he came here till the Elephant passed the Convention. 
 He has been nervous, and has exhibited something of a tendency to pugi- 
 listic proclivities. I learned this morning, for the first time, what was the 
 matter with the purp — the man has gone crazy. That's what's the matter 
 with him ; and I only found it out this morning, and wouldn't have be- 
 lieved it had it come to me from any 5ther source than himself. I couldn't 
 have believed it. He is a nice-looking gentleman, to look at ; only he has 
 become very thin — he looks, since the Constitution passed, as if he were 
 seventy-fiye years old. And now, I would suggest to the gentleman's po- 
 litical friends, — I mean the " White Man's Party," — that they raise a sub- 
 scri23tion, and pension him ; for if ever any little man has, in a small way, 
 to carry out small measures, worked for a party, in a body of this kind, 
 he has; and I think the laborer is worthy of his hire — I believe, though, 
 that is a Scripture phrase, and if there is any minister present, I beg par- 
 don, — I am not in the habit of talking ministerial language., I am glad 
 to see the gentleman in his place; for he is a personal friend of mine; 
 though I must confess he did not entertain a very elevated opinion of me 
 when I came here, and said to me, indeed, "I must regard you, from what 
 I have heard, as being a very vindictive man." But he will talk with me 
 sometimes, and did, yesterday, shake hands with me; and I believe he will 
 do it again — if I ask him. 
 
 ITow that I have noticed three or four of these gentlemen, individually, 
 I wish to call your attention, sir, to one characteristic of their party, in this 
 house. Did you notice, throughout all our deliberations, how, whenever 
 the negro question came up, they pounced upon it, and spurned it, and how 
 awfully ruinous and vulgar they thought it to so much as talk about a negro 
 voting. But did you see, when the darkeys voted with them, as they did 
 the other day, how these gentlemen did cheer — Whoo ! [Laughter] — " 
 — Grey and White are sensible, decent men — they are gentlem.en." But, 
 when the same men voted the other way, they would exclaim — " Ugh ! 
 the woolly-headed niggers ! If they would get out of there and go to work, 
 they wouldn't come so near starving." Well, I will not say that is not so. 
 But I will ask you if any man of sane mind will put himself in such an 
 awkward position as that which these gentlemen have assumed. When 
 the darkeys voted on their side, in carrying any motion, even to adjourn, it 
 seems to raise them up — they are glorified, they feel like hallooing " Hal-- 
 lelujah! Glory to God! The niggers area great people! sensible, de- 
 cent, smart, good-looking, Christians, and educated gentlemen !" When 
 (718) 
 
Feb. 12th.] AEKAN.SAS CONSTITUTIOlSrAL CONVENTION. [29th Day. 
 
 Female Suffrage.— DALE. 
 
 they vote against them — " Oh ! they're a damned set of niggers ! I can't 
 bear 'em near me — I can't bear the smell of 'era !" [Laughter.] Sir, can 
 any man of sense — I mean, any sane man, for they are as sensible as any 
 men, so unsound in intellect as they are, can be — be guilty of such incon- 
 sistency ? They start out in every direction — as the gentUman from 
 White does, — and end nbwhere. I would be glad if some one vs^ould tell 
 me, from the action of the Opposition, which side they are on. Which 
 side of the question are they really on? I don't believe any one will tell 
 me. In my judgment, as soon as the negroes vote the Republican ticket, 
 they will be nothing but " damned niggers," with these gentlemen ; but 
 if they should ever turn over and vote the Democratic ticket — the " White 
 Man's ticket," — they will again become Christians, and gentlemen of refine- 
 ment. I don't believe there is a negro in Arkansas that is fool enough to 
 follow after any such class of politicians. They don't believe this stuff". 
 They have sense enough, I think, to know who are. their friends. They 
 do know who is in favor of universal suffrage, universal freedom, and 
 universal responsibility. These are the relations of these gentlemen to 
 the colored members of this Convention; and just such would they be to 
 the whole colored papulation of the State. Let those people vote against 
 them, and there is no contempt or denunciation too bitter; let them vote 
 toith the same men, and they suddenly become patriots and gentlemen. 
 
 But, oh ! the gentleman from Ashley is so ashamed, that the likes of 
 this Constitution, — this miserable document that guarantees to all men 
 in Arkansas equal rights, and imposes upon all equal responsibilities, — 
 should be thrust down the throats of the literati! These gentlemen 
 who have been for two hundred years — they and their ancestors — living 
 upon the sweat and blood of their fellow-men ! I wonder if there was 
 ever an overseer on anybody's plantation ! Sir, let me say to you that a 
 man, or any set of men, opposed to universal freedom, and the universal 
 rights of man, in the most extensive sense — politically speaking, any such 
 man is only fit for a slave-driver, or a butcher, or a cut-throat. I don't 
 doubt, sir, that that kind of men differ from me with regard to this point; 
 I don't doubt that they believe they are the better sort of folk; and I 
 really believe they do think so. I do not know whether the gentleman 
 from Ashley will condescend to notice any remarks which I may have 
 made— I very much doubt it; for I am sure that had I no more elevated 
 opinion of him and his party than he seems to have of the party, or of 
 the motives which actuate the party, to which I belong, I would not con- 
 descend to notice anything he said. 
 
 I had begun to pay my compliments to the gentleman from Bradley, 
 when the associations connected with his name led me into another course 
 of remark from what I had intended ; and I now return to him, for a mo- 
 ment. I say, the gentleman from Bradley— I wouldn't mention any man's 
 
 ( 719 ) 
 
1868.] DEBATES AND PEOCEEDHSTGS OP THE [Wednesday, 
 
 Female Suffrage.— DALE. 
 
 name, for any consideration; for he might find it out, and hold me "re- 
 sponsible." I am sorry the gentleman is not here; for I wanted to hear 
 one of those grand, eloquent strains of his. I had a notion, the other day, 
 to bring forward a resolution proposing that this Convention telegraph, 
 right off, to have the gentleman's name "written on the firmament of 
 heaven, in letters of fire," as large as those on the wheel-house 'of the 
 steamboat he stole [Great laughter] — I believe that is about three feet 
 and a half Sir, I was not green enough, although I did come down here 
 from the mountains of Arkansas, to believe in the loyalty of any such 
 men as the gentleman from Bradley. The first time he made a speech, I 
 said, — " He .has gone over, neck and heels, boots and spurs, to the Rebels." 
 " 0, no !" said some gentlemen who had more universal charity than I (and 
 that is too much, so far as Rebels are concerned — I think I have exactly 
 enough, and very little at that)—" 0, no ! don't say anything — let's get 
 him by the arm and pull him along." I said, — "Kick him out ! he is bound 
 to go, any way." Sure enough, over he went. I pointed out several 
 other individuals, who, I was satisfied, would abandon us in the end; and 
 in that respect I proved a political prophet. " I don't care," I said, "what 
 these gentlemen think they are going to do— I smell the smell of a skunk! 
 I know they believe that upon the issue they will come up all right; but 
 they don't know themselves— when it comes to the hard pinch, the tug of 
 war, they will go over to the enemy— you won't find thera on hand." And 
 so it has proved. 
 
 Now let me wind up by telling these gentlemen, and the honorable 
 President, that I expect to go home, from here ; and when I go, I am going 
 to take all the necessary risks in the case, to canvass all the region of 
 country on the Northern border of Arkansas. I am going to turn over 
 every stone ; I don't mean to leave any honorable means untried, that are 
 in my power, to carry the Constitutional election, and the general ticket. 
 If I shouldn't be fortunate enough to be able to buy a horse for the canvass, 
 I shall do as I have done before. Since I have lived in Arkansas, although 
 I have been running the shebang— the head of it, in my section, it is said, 
 — I have not yet been able to buy a horse. I raise my crops, and-do my mill- 
 ing, a-riding on a bull ; and it is said, Mr. President, that it is the best- 
 trained and most intellectual animal in North Arkansas. They do say that 
 he will put his fore-feet on the top of a stump, and bellow " Rally round 
 the fiag, boys !" and that he will take a three-bushel sack of corn on his 
 back and walk a log across Polk Bayou. [Laughter.] I can't say whether' 
 that is true, or not; but he is the bull that butted the Rebels off the bridge, 
 at the last canvass in Independence County [Renewed laughter] ; and he 
 is the one that I expect will do it again in the coming canvass. He is the 
 animal known as the Bull of the Woods of Northern Arkansas. If I 
 can't do any better, I am going to ride my bull again ; and I tell vou no 
 ( V20 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIONAL CONVENTION. [29th Day,' 
 
 Female Suffrage. — DALE. 
 
 rebel bull will run against him ! Or, if I can't do any better, I will do as 
 I have done twice l^efore — I will walk, and canvass the country in that 
 way. I am not afraid of these fellows killing me; and I will tell you the 
 reason why. We have convinced them, on that point. We convinced 
 them, on the night of the 24th of last January, that it was dangerous to 
 suck rotten eggs in that country, any more. [Laughter.] That's what's 
 the matter ! I am not afraid of their assassinating me. The time was ; 
 but it is no more. I expect to canvass my friend's County [pointing to the 
 seat of Mr. Duvall, of Lawrence], where the noble, the honorable, the 
 brave Douthit could not live. And I have no fear of those fellows; though 
 they have a warrant for me, that is signed, sealed, and delivered, they 
 dare not execute it. They know they dare not ; they know there .would 
 be neither house nor barn nor man spared. So they can just pitch in, as 
 soon as they please ; and the sooner the better, for this war has got to be ■ 
 ended some day, and I don't believe it will be ended, in our part of the 
 State — write that down, Mr. Gazette [to the reporter of the " Gazette"], 
 for I want it to be known that until the dogma that the Eebels preached 
 through the war is carried out — the only dogma they ever preached that I 
 believe the truth of, and that is, that the loyal men and rebels can't live together 
 in thai country— until that is carried out, I doubt if we shall have any peace. 
 Write it down ! — I want them to know it. And write it down that if they 
 think otherwise than we do, if they think they can drive us again, all they 
 have to do is to try it on. And if they do try it on, say to them we 
 shall know who will go next time, and when they go we shall know who 
 will come back ! We shall know who will come back ! We have left 
 that country for the last time, Mr. President ! Our wives and children 
 were robbed and beggared, their fences burned, their houses unroofed,— 
 they were expelled from the country, and when leaving it for the Federal lines 
 .they were overhauled again, by the notorious guerilla and cut-throat, Bar- 
 ney Ford. Ask Barney Ford how he comes to be in Texas, will you ! and 
 he will tell you what's the matter with the hound. We were again pur- 
 sued, and robbed a second time ; and the Federal forces had to send out a 
 scout and bring the refugees to Eolla, where they arrived in a starving 
 condition. Their clothes, their beds, their wagons, their teams— they had 
 to take them all, in order to escape persecution in Arkansas. If these 
 Rebels think they can run our wives and children off again, tell them [to 
 the reporter of the "Gazette"] all they have to do is to try it— publish it, 
 and just furnish me a few copies, and I will take them over there and 
 placard them up about the country. I have their letters in my pocket, 
 stating that if I have not been already despatched, on my way to Little 
 Rock, I will be if I ever go back again. I am going back again ; and we 
 shall see a thing or two ! I am not afraid of those fellows assassinating 
 me Not that I don't believe they would willingly do it. I expect to go 
 
 46 ( 721 ) 
 
1868.] DEBATES AND PEOCEEDmGS OP THE [Wednesday, 
 
 Female Suffrage.— DALE. 
 
 back to Hookrum, and preach another sermon to thena. I am the only- 
 man that ever did preach them a Republican sermon in Hookrum ; and I 
 have preached tvpo. They svs'ore, both times, they would kill me if I came; 
 and I went ; and I am going back there again. Douthit was a large square- 
 built man ; I am more slim, and not so easily hit — they don't care so well 
 about striking a blow at me. 
 
 I must not close till I shall have referred to one other matter. Sir, I voted 
 Aye, on the adoption of the Constitution. I voted Aye because I believed 
 that, taking the Constitution as a whole, so to vote was the best thing I 
 could do. IS'ot that it was all that I desired, in all of its parts; but as a 
 whole, I thought it best to vote for it. I have no apologies to make about 
 my vote, even to my own constituents; for they told me to do the best I 
 could, and I have done it. In casting that vote, however, I took occasion 
 ■ to make a few remarks in explanation of my course in so doing; all of 
 which I shall perhaps have placed upon the record, and perhaps not. One 
 of the most serious objections that I had to the Constitution, was to those 
 features in relation to the franchise, so much complained of by my friends 
 on the other side of the house. (I say, my friends. I have no reason to 
 believe they are my personal enemies, at all. I do not, of course, mean, 
 political friends.) And the same reasons which they assigned for oppos- 
 ing that feature of the Constitution, constitute some of those which I 
 assign for the opposite course. They say it is too strong — that it disfran- 
 chises too many. My objection to it, was, that it was too weak. And I 
 will take this occasion to tell these gentlemen how I saved as much of its 
 bacon as I did. If the Convention had held on a little longer, I would 
 have had them fixed just to my notion. When I came here, I came with 
 that measure lying close to my heart. I labored, day and night, for two 
 or three weeks, in support of it. But upon talking, around, with the dele- 
 gates from the diiFerent counties— the Republican delegates, of course, for. 
 I was afraid to speak to a Rebel, on the subject, — I could find no two or 
 three agreeing on the same measures with myself. There were very few 
 who would talk about going any further than the Congressional plan— as 
 they called it. But after having labored for nearly two weeks, and feel- 
 ing ever so much dejected— for I had almost lost all hope of succeeding in 
 accomplishing anything,— these very gentlemen came to the rescue ; and 
 I will here take occasion to apprise them of the fact. By their unreason- 
 able attacks upon the motives that actuated the course of the Republican 
 wing of this Convention, by their unbounded traduction of the character 
 and honesty of that portion of the body, by allusions to matters and things 
 that they ought to blush to talk about, now— for things, three or four years 
 ago, looked right ugly on their side,— the boys that were once in blue be- 
 came sore. These gentlemen, in short, acted as firemen, and all I then 
 had to do was to stand at the safety-valve and let on the steam, and she 
 ( 722 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIOISrAL CONYBNTIOlSr. [29th Day. 
 
 Pemale Suffrage.— DALE. 
 
 went ahead, of her own volition. And had they been permitted to pro- 
 ceed for two weeks longer, I would not only have disfranchised them, but 
 would have confiscated the last foot, save homestead, of rebel property in 
 the State, and have had it provided that from the proceeds of the sales of 
 the lands of those rebels who have caused the expulsion from the State, 
 and broken up and ruined the prospects, of those loyal men, thousands of 
 whom are in their graves, and their widows and orphans almost perish- 
 ing, — that from the proceeds of the sales of the lands of the men who have 
 worked all this mischief, every loyal man in Arkansas should be indemni- 
 fied for his losses arising from spoliations committed by the rebels ; and 
 not only for losses in dollars and cents, but for all the damage received, — 
 damage often far greater than that occasioned by the mere dollars and 
 cents lost. These friends of mine, however, chose to shut down the 
 machine a little too soon. Had they permitted it to go a little longer,, 
 I would have held the safety-valve, and gone clear through. I asked 
 only two more weeks, to have accomplished all that I desired, — If 
 the Constitution is prescriptive, whom have they to thank for it? I 
 repeat, that when I came here I could not find three men in the Conven- 
 tion, to agree with me. — I wonder who else feels ashamed, now ! I don't, 
 I really feel under obligation to the gentlemen ; for when it was a struggle 
 for life or for death, with me, when I was about to go under, and had no 
 friends to help me, these gentlemen came up to the rescue; and if there 
 is anybody in Arkansas that feels aggrieved in consequence of any provis- 
 ions of this disfranchisement clause, they have me, and these rebels in 
 this Convention, to thank for it, and* nobody else. 
 
 ISow, sir, I will explain my position in regard to the term " rebel." 
 Bear in mind, that in speaking of politics I never allude to individuals. 
 When I say " rebels," I mean men who support those measures which the 
 rebels advocated, and which those men yet advocate who are hanging on 
 to the old, dilapidated, rotten institution of slavery. I do not mean that 
 this gentleman, or that one, or that one, is individually a rebel ; I mean 
 that they are acting in support of those measures most calculated, in their 
 nature, of all other things, to bring on the consequences they intended 
 should grow out of the rebellion, — destruction to all the best interests of 
 the country, and the annihilation of loyalty, and of the Government §,i 
 the United States. That is what I mean. I do not mean that these gen- 
 tlemen, individually, are rebels. I believe they are crazy ; and I propose, 
 now, that some gentleman who has brains enough to devise the proper 
 ways and means, draw up an ordinance. providing for the erection of an 
 insane asylum, for the accommodation of men who shall come to the Con- 
 vention, or to the Legislature, hereafter, and thus grossly misrepresent the 
 principles of those who sent them here. I do not mean my friend from 
 Ashley [Mr. Mooeb]; because I believe he is representing the members 
 
 ( 72.S ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Wednesday, 
 
 Compensation and Mileage of Stenographer — Adjournment sine die. 
 
 of the party that sent him here. But I do say that other men, who were 
 elected as the representatives of the loyal element, and who take part with 
 that gentleman and his friends, in their action upon this floor, should he 
 sent to an asylum, and put under treatment. I believe my friend from 
 Ashley has acted conscientiously, in this matter. I believe he is in favor 
 of all those destructive principles that were incorporated into the plan of 
 rebellion. I believe he is honestly in favor of them, — that they lie near 
 his heart, — that he is the true representative of that element of society 
 which sent him here, — that element — I don't care whether they had blue 
 or gray clothes — which stood behind the grocery and fired salutes in 
 honor of the Conservative victory. 
 
 "With these few remarks, I propose to retire from the floor ; and when 
 it suits my friend from Ashley, I hope he will permit me to just hold his 
 leg while he skins. [Laughter.] I may, however, have occasion, after he 
 is through, to criticize, somewhat, his mode and manner of executing this 
 kind of surgical operation. 
 
 Mr. BE,OOKS. I do not wish to interrupt the performances, if gentle- 
 men are anxious to continue them ; but as it is now dinner-time, I would 
 be gratified to have the consideration of the subject at present before the 
 Convention, suspended in some form or other. If laid upon the table, it 
 could subsequently be taken up. 
 
 The PRESIDEISTT. It is moved to lay the subject upon the table. 
 
 The question was taken ; and the motion was agreed to. 
 
 COMPENSATION AND MILEAGE OE STENOGRAPHER. 
 
 Mr. BROOKS ofiBred the following order : 
 
 Ordered ; That the Stenographic Eeporter, in addition to his compensation 
 for services in reporting the debates and proceedings of the Convention, be 
 allowed compensation, at his usual professional rates, for the length of time 
 actually and necessarily consumed in travelling to and from the session of the 
 Convention, and mileage, at the rate of ten cents per mile, for each mile neces- 
 sarily travelled. 
 
 . The question was taken ; and the order was unanimously passed. 
 
 ADJOURNMENT OF THE CONVENTION, SINE DIE. 
 
 Mr. HODGES, of Pulaski, offered the following resolution : 
 
 Resolved: That in case this Convention is not called together by the Presi- 
 dent, or one of the Vice-Presidents, as contemplated in resolution upon ad- 
 journment, passed by this Convention on January 31st, A.D. 1868, within one 
 year from the date of said adjournment, it shall stand adjourned sine die. 
 
 The question was taken ; and the resolution was adopted. 
 ( r24 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIOlSrAL CONYENTION. [29th Day. 
 Audit of Accounts of Convention — The Constitution. — McCO WN. 
 
 AUDIT OF ACCOUNTS OP THE CONVENTION. 
 
 Mr. MASON" moved that the Convention proceed to appoint a commit- 
 tee of five, to audit the accounts of the Convention, viz., the per diem and 
 mileage of members, the per diem of Sergeants-at-Arms, Doorlceepers, 
 Secretaries, Pages, and other expenses proposed to be paid out of the 
 seventy-five thousand dollars appropriated, by the Convention, to defray 
 its expenses. • 
 
 Mr. MASON said : My reasons for making this motion are : 
 
 First, to keep out any unreasonable and unjust accounts. 
 
 Second, to facilitate and hasten the issuing of certificates to members of 
 the Convention, in order that they may be able to draw their per diem 
 and mileage. 
 
 Third, because I believe that we should do this as a matter of justice to 
 ourselves, and of respect for our people. 
 
 Fourth, as a Convention, we know nothing about our expenses, except 
 the per diem and mileage of members. Secretaries, Pages, Sergeants-at- 
 Arms, and Doorkeepers. 
 
 I believe, Mr. President, that it would not be convenient to have all ac- 
 counts of expenditures brought before the Convention at this time, and 
 for these reasons have asked for the appointment of a committee, in order 
 that we may save time, and get through, here, as quickly as possible. I 
 really hope that the Convention will appoint a committee for this purpose. 
 
 I might give you many other reasons, but I hope that the necessity of the 
 case is patent to all of you, without them. 
 
 Mr. HODGES, of Pulaski, I would suggest that all gentlemen have 
 drawn their mileage, and have their pay in their pockets ; and if any one 
 has overcharged, he will have to be responsible to his constituents, and to 
 nobody else. Constituents will hold their representatives responsible for 
 the taxes imposed ; and if any overcharge has been made by any member, 
 I am entirely in favor of such gentlemen having to answer to their con- 
 stituents. I am therefore opposed to the resolution. 
 
 Mr. MASON. I am not opposed to the payment of mileage, but wish to 
 get through with our business as soon as we can. 
 
 Mr. HODGES, of Pulaski. I move that the resolution lie upon the table. 
 
 The question was taken ; and the motion was agreed to. 
 
 THE CONSTITUTION — AGAIN. 
 
 Mr. McCOWN. I will file with the Secretary, in the form of a protest, 
 my explanation of my vote upon the Constitution. 
 
 ( ^25 ) 
 
1S6S.] PEBATES AXD PEOCEEPIXGS OP THE [Wednesdar, 
 
 The Constitotion— iCoCO \VX. 
 
 ^Ir. McCowx then read the follo\Ying paper, which he asked to hare 
 spread upon the Journal : 
 
 Mr. President: I am lui willing to record mj- vote on the pending qnostion, 
 without explanation. I have many objections to the proposed Constitution. 
 I shall not state all. Among them are the following; 
 
 1st. The apportionment, and manner of electing the General Assembly, 
 meets with my most positive disapprobation. The innovation upon long-estab- 
 lished nsaje.is too sudden and too groat. Permitting the people of one eountv 
 to elect a representative for another, may pi-oduce much local mischief and 
 can do no possible good . 
 
 2d. Against a portion of the franchise, I beg leave to enter my most solemn 
 and earnest protest. I felt that I had made a long stride, when I could con- 
 sent to enfranchise that portion of our male citizens so iveently emerovd from 
 bondage ; and I thought, and still think, that charity, and every spirit of com- 
 promise, should not have sought to withhold it from those who lost everything 
 in a ruinous sti-uggle, and now come back, in good iluth, to renew their alle- 
 giance to the Federal Government, For myself, while extending suffi-ag© to 
 the one class, I could not have it in my heart to disfranchise those men who 
 could have been no more guilty than myself, and ai-e, perhaps, no less repentant. 
 It would be unnatural and cruel in mo to propose the disfranchisement of 
 those who have shared, with me. the perils, and privations, and haitlships of 
 war. In my heart of hearts, I love them. / cannot helj) it. I would not, if I 
 could. And I desire that thej- should love the Government, and be treated 
 with every possible oleraency. 
 
 3d. I had hoped that provision would be made for separate schools. I think 
 the necessity growing out of our state of society, and our habits of thought, 
 and the ditference of races, makes it imperative. But I would not have asked 
 more money to be appropriated to the one than the other. 
 
 4th. I object, most seriously, to that portion of the Constitution which pi"0- 
 vides for only a poll-tax for school purposes; and I do not think the financial 
 system, proposed, will be a success. 
 
 5th. That portion of the Constitution which provides, as I undoretand it, 
 that no person but electors shall bo qualitied to sit upon juries, strikes at the 
 very foundation of a republican government. It denies to the eitiren the 
 right to be tried by his poors. It might bo the moans, in the midst of a gi-eat 
 excitement, of causing the most irreparable wrong. I desire to record my 
 strongest disapprobation of it. 
 
 6th. I objoot to that portion which gives unlimited interest to the money 
 loaned in these hard times, when our people are staggering under an accumu- 
 lated load of debt and misfortune. With the additional weight of two bad- 
 crop years upon them, their necessities put them in the hands of the merciless 
 money-changers; and their whole property maybe swallowed up, and they 
 reduced to that most miserable of all bondage, that of enslavement to their 
 creditors. It will divert capitiU from public improvement, and put it in 
 the channel of private speculation and individual oppression. 
 ( 726 ) 
 
Feb. 12th.] ARKANSAS CONSTITUTIOXAL CONVENTION. [29th Day. 
 
 Certiflcates of Pay and Mileage.— HODGES of Pulaski— GAXTT. 
 
 7th. I object to the banking system incorporated in the Constitution ; but 
 have not limit to state my views thereon. 
 
 And yet, with all these objections staring me in the face, when I think what 
 this Constitution has cost us, — say seventy-five thousand dollars, — with no 
 hope of getting a better, and with the possibility of getting a worse one, and 
 one hundred thousand dollars more of expense, if the matter were re-opened, — 
 when I think of this, I say, and of the abject poverty of the people, and of 
 their yearning for permanent peace, and a refuge from constant and indefi- 
 nable dreads — and when I think that these obnoxious things may be changed, 
 and must be changed, hereafter, — I am constrained to vote Yea. In voting, 
 then, I simply desire that the Constitution may go before the people; and if 
 they dislike it, let them spurn and tread it under their feet. If they approve 
 and endorse it, I shall be content. I can live under it, with them, and boar 
 my portion of the burdens or calamities it may entail, or share whatever of 
 blessings it may bring. But, taken as a whole, if freed from these objections, 
 I regard it as decidedly the best Constitution ever offered to our people. 
 
 George W. McCown. 
 
 CERTIFICATES OF PAY AND MILEAGE. 
 
 Mr. HODGES, of Pulaski, moved that the Convention adjourn to 10, 
 A.M., of Thursday, February 13th. 
 
 Mr. GANTT asked that the motion might be withdrawn, to enable him 
 to ofter an inquiry concerning members' certificates of pay and mileage. 
 
 Mr. riODGES not insisting upon his motion, 
 
 Mr. OANTT said that some members desired to return to their homes 
 before the time of adjournment of the session, and some question had 
 been suggested as to their title to certificates. He had understood that 
 the certificates were to be issued in alphabetical order. That course 
 was not pursued. There might be some reason for the departure from 
 that order; if so, he wished to know it. He desired, also, an understand- 
 ing how the certificates were payable. 
 
 The PRESIDENT replied, that the certificates were endorsed, in sub- 
 stance, as payable out of any funds, arising from taxation, that might 
 come into the Treasury after the date of passage of the "Ordinance 
 raising revenue." 
 
 Mr. GANTT then insisted upon information as to the departure from 
 alphabetical order, in making out the certificates. 
 
 Mr. HODGES, of Pulaski, stated that he had called for his own cer- 
 tificates, and was unable to obtain them, for the reason that his name had 
 not been reached in alphabetical order. 
 
 Mr. GANTT said, his name, and that of the gentleman from White 
 [Mr. Cypebt], were before that of the gentleman from Pulaski [Mr. 
 HoDOBg]; and they had neither of them, as yet, been able to obtain their 
 
 ( 727 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE ["Wednesday, 
 
 Certificates of Pay and Mileage— Leaves of Absence.— HODGES— GANTT—CTPEET. 
 
 certificates, though some had been issued to gentlemen whose names began 
 with the letters W and S. 
 
 Mr. JOHNSON made a similar complaint. 
 
 The PEESIDElsTT stated that he had just signed certificates for certain 
 gentlemen whose names were on the earlier portion of the alphabetical 
 list, which certificates had been presented to him in alphabetical order. 
 
 LEAVE OF ABSENCE. 
 
 Mr. CYPERT asked leave of absence, to take effect on the morrow 
 morning. 
 
 CERTIFICATE OF PAY AND MILEAGE — RESUMED. 
 
 Mr. HODGES, of Pulaski, moved that the gentleman from White [Mr. 
 Cypbrt] be granted leave of absence, and that the Secretary be instructed 
 to issue his certificate at once ; and, further, that the Secretary be permitted 
 to issue at once, to any member, desiring leave of absence, his certificate. 
 
 Mr. GrAlSTTT said he expected, if possible, to leave in the morning, as 
 his presence was required at the session of the courts in which he practised. 
 He did not want the money upon his certificate, but only desired to know 
 if it would be so endorsed that he could get the money from the Sheriff of 
 his County. 
 
 The PRESIDENT. The Chair understands, from a statement of the 
 Treasurer, that the certificates would be receivable for taxes. The Chair 
 had no certain information on the subject. 
 
 Mr. MOORE. I know it. 
 
 LEAVES OF ABSENCE — AGAIN. 
 
 Messrs. MOORE, NORMAN, BRADLEY, MATTHEWS, PUNT- 
 NEY, DUVALL, HICKS, and ADAMS, respectively, in person or by 
 Mr. MooRB, asked that their names might be included in the motion oftered 
 by Mr. Hodges of Pulaski, granting leave of absence to Mr. Cypert, and 
 providing for the immediate issue of certificates of pay and mileage to 
 members receiving such leave. 
 
 Mr. HODGES, by consent, so amended his motion as to include the 
 names of these gentlemen, and proposed to include, also, that of Mr. 
 Gantt, who had expressed a desire to return home on the morrow. 
 
 Mr. GANTT. I want no leave of absence. I am going to stay until the 
 Convention shall adjourn. I am going to discharge my duty as a delegate 
 in full. 
 
 Mr. CYPERT explained that a failure to get away on the morrow would, 
 by causing him to lose a trip of the steamboat, detain him for a week 
 ( 728 ) 
 
Feb. 12th.J AEKANSAS CONSTITUTIONAL CONVBNTIOlSr. [29th Day. 
 Leaves of Absence.— DTJVALL—HICKS--BK00KS—GANTT—CTPEET—HINK:LE. 
 
 longer. It was absolutely necessary that he should speedily return home ; 
 and the delay of a week would, in view of the immediate adjournment 
 of the Convention, cause him disproportionate, and too great, inconve- 
 nience. 
 
 Mr. DUVALL stated that he was similarly situated, and that a failure 
 to leave the City in the morning, would subject him to a detention of a 
 week. 
 
 Mr. HICKS said he would withdraw his request for leave of absence, 
 and remain until Saturday. 
 
 Mr. BEOOKS said he would like, in all cases where leave of al^sence 
 was desired, to know why leave was wanted. The reason offered by one or 
 two gentlemen, that a failure to leave the city on the morrow must, by 
 causing them to lose one trip of a steamboat, occasion the delay of a week, 
 might be deemed satisfactory. He was, however, opposed to beginning 
 the system of granting leave to every gentleman whose private affairs might 
 render his presence at home desirable. If that constituted sufficient ground 
 for leave of absence, no doubt the entire Convention might with equal pro- 
 priety be excused. 
 
 Mr. GANTT agreed with the gentleman from Phillips [Mr. Brooks.] 
 Members of the Convention owed a duty to themselves, their constituents, 
 and to the State ; and, for himself individually, he should oppose any grant 
 of leave of absence. He intended to remain, and do his duty, whether 
 for weal or for woe. Let the result be as it might, he intended to stay 
 here, and discharge the functions of his position, in accordance with the 
 dictates of his better judgment. It would be grateful to him to have the 
 privilege of going home, for his business was suffering from his absence ; 
 but he did not ask it, and did not think it ought to be asked. 
 
 Mr. CYPERT said he could not see that he could be of any service to 
 the Convention. Its business was about finished, and it would probably 
 adjourn to-morrow. Detained, as he would be, for a week longer, unless 
 he should obtain immediate leave, he trusted the Convention would gratify 
 
 his request. 
 
 Mr. BROOKS moved, as an amendment to the motion before the Con- 
 vention, that gentlemen who should obtain leave of absence, should have 
 their accounts drawn up, and should draw pay for such length of time as 
 they should remain. 
 
 The PRESIDENT. That is already settled. 
 
 The question was then taken ; and, a division being called for, the mo- 
 tion was agreed to,— Ayes 31, Noes 19. 
 
 Pending the vote : 
 
 Mr. HINKLE objected to the reception of the vote of any gentleman 
 
 named in the motion. 
 
 ( T29 ) 
 
1868.] ■ DEBATES AND PEOCEEDINGS OF THE [Wednesday, 
 
 Final Adjournment— Recess.— EBTNOLDS—McCLUKE— HODGES of Pulaski. 
 
 Mr. BROOKS said it was a- matter of taste, whether such gentlemen 
 should or should not vote. 
 
 Mr. GAITTT asked to have entered upon the records his protest against 
 the granting of the leaves. He could not regard it as right. 
 
 Mr, MONTGOMERY desired that his protest, also, against the grant of 
 any leaves of absence, should be entered upon the record. 
 
 The vote was then announced as above. 
 
 FINAL ADJOURNMENT. 
 
 Mr. REY!N"OLDS moved that the Convention adjourn, sine die, at twelve 
 o'clock, noon, of the morrow. 
 
 The PRESIDENT decided the motion to be out of order. 
 
 Mr. REYNOLDS said he would modify his motion, so as to provide that 
 the Convention adjourn at twelve o'clock, noon, of the morrow, — in ac- 
 cordance with the resolution of the Convention, — subject to the call of the 
 President. 
 
 The PRESIDENT suggested that the words, " or Vice-Presidents," be 
 added. 
 
 Mr. REYNOLDS said he intended his motion to be for adjournment of 
 the Convention in accordance with existing resolutions on the subject, 
 whatever they might be. 
 
 Mr. HODGES, of Pulaski, said he presumed that the Convention would 
 adjourn whenever its business should be finished, and he presumed that 
 the business would be finished on the morrow ; but if it should not be, 
 it would certainly not be desirable to adjourn. 
 
 Mr. REYNOLDS said that it would be in the power of the Convention, 
 at any time, to change the date of adjournment. 
 
 Mr. McCLURE suggested that the Convention adjourn to two o'clock, 
 P.M., and that such members as might desire to sign the Constitution do so 
 in the afternoon. 
 
 Mr. REYNOLDS did not believe the proposition to be germain to his 
 own. It was for a recess. ' 
 
 The PRESIDENT decided that a motion for adjournment to two o'clock 
 would not be in order. 
 
 Mr. REYNOLDS did not question that such a motion would be in order 
 as a separate proposition, but not as an amendment to his own. 
 
 The PRESIDENT said that, by consent of the Convention, the sugges- 
 
 l ^30 ) 
 
Feb. 12th.] AEKANSAS CONSTITTJTIOKAL CONVENTION. [29lh Day. 
 Absentees — Revocation of Leaves of Absence. — McCLURE — HODGES of Pulaski. 
 
 tion would be treated as a motion for a recess to two o'clock, p.m., at whicti 
 time those desiring to sign the Constitution should do so. 
 
 So the question was taken ; and the motion was agreed to. 
 The Convention thereupon took a recess to 2, p.m. 
 
 AFTERNOON" SESSION. 
 At 2, P;M., the Convention was called to order. 
 
 ABSENTEES — REVOCATION OF LEAVES OE ABSENCE. 
 
 Mr. McCLURE offered the following resolution : 
 
 Resolved : That the Sergeant-at-Arms be directed to bring in all absent mem- 
 blrs of the Convention, and that leaves of absence, heretofore given, are hereby 
 revoked. 
 
 Mr. HODGES, of Pulaski, hoped the resolution would not be adopted. 
 
 Mr. McCLURE advocated the adoption of the resolution. He was 
 advised that some thirty members of the Convention proposed to leave the 
 city ; and he had heard it asserted that if leave were not granted, they pro- 
 posed to leave in any event — that they had remained here "just as long 
 as they were going to remain." Some of these gentlemen said, — " The 
 Constitution is adopted — we may as well go home,' now, as to stay here — 
 we are doing no good." He thought the statement was probably true ; 
 but the Convention must be governed by some general rule. Another 
 portion proposed to go home and say, — " The Constitution is adopted, and 
 the party in power in the Convention are remaining there, uselessly, at 
 an expense to the State, of ten or twelve hundred dollars per day— we have 
 discharged our duty, and have gone home." Such gentlemen as desired 
 to make that kind of capital for themselves, he supposed would oppose 
 the resolution. He wanted all to stay, or none. 
 
 Mr. HODOES, of Pulaski, was in favor of so much of the resolution as 
 should provide that no more leaves of absence be granted^ and that any 
 member absent without leave should be sent for ; but he was not in favor, 
 after leaves of absence had been granted, of revoking the leave, and send- 
 ing the Sergeant-at-Arms in search of gentlemen, who, under permission 
 of the Convention, had started for home. 
 
 Mr. McCLURE [in his seaq said that none of those gentlemen were in 
 
 the City. 
 Mr, HODGES said that if, as he supposed, the Convention had work 
 
 (731 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Wednesday, 
 
 Eevooation of Leaves of Absence.— GENERAL DEBATE. 
 
 yet to do, he proposed to set to work, and would do so by offering a reso- 
 lution. 
 
 Mr. BROOKS called for a division of the question. He would cheer- 
 fully vote for a portion of the resolution ; but he certainly could not favor 
 the recall of leaves of absence once granted, or the virtual arrest of gentle- 
 men who had simply acted upon those leaves. 
 
 Mr^ HODGES, of Pulaski, moved to amend the resolution, so as to pro- 
 vide only that no more leaves of absence be granted, and that the Ser- 
 geant-at-Arms be sent for such members as were absent without leave. 
 
 Mr. MOIS'TGOMERY moved that tKe amendment lie on the table. 
 
 -Mr. HODGES, of Pulaski, seconded the motion. 
 
 Mr. MONTGOMERY witlidrew his motion. 
 
 Mr. HODGES objected to the withdrawal of the motion. 
 
 Mr. MALL OR Y moved a call of the house. 
 
 The demand for a call of the house was sustained. 
 
 Mr. HODGES, of Pulaski, moved that further proceedings under the 
 call be dispensed with. 
 
 The question was taken ; and a division being called for, the motion was 
 not agreed to. 
 
 The SECRETARY proceeded to call the roll. 
 
 Pending the call : 
 
 Mr. BROOKS said: I observe that a quorum is present; and I therefore 
 move that further proceedings under the call be suspended. 
 
 Mr. McCLURE rose to a point of order. The motion had been already 
 made, and voted down. 
 
 Mr. BROOKS said that other business had intervened, by the proceed- 
 ings under the call. 
 
 The PRESIDENT. The calling of the roll has intervened. 
 
 Mr. McCLURE. That is the execution of the motion itself. 
 
 Mr. BROOKS. I ask, if, when a pall of the house is ordered, and the 
 call proceeded with, until a quorum, clearly, is present, it is not in order, 
 though such a motion have previously failed, to repeat the motion ? 
 
 The PRESn)ENT. The Chair has already so decided. 
 
 Mr. McCLURE. Then- 1 appeal from the decision of the Chair; and on 
 the appeal ask for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative,— Yeas 
 32, Nays 20, as follows : 
 
 Yeas : Messrs. Bell, Brooks, Dale, Bxon, Evans, Hawkins, Hinds, Hinkle, 
 { 732 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIONAL CONVENTION. [29th Day. 
 Eevoeg,tion of Leaves of Absence.— McCLUEE—KEYNOLDS. 
 
 Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, Johnson, Kyle, 
 Langley, Mason, Merrick, Misner, Millsaps, McCown, Norman, Portis, Priddy, 
 Eawlings, Eounsaville, Samuels, Smith, Snyder, Van Hook, Walker, Wilson, 
 and Wright— 32. 
 
 Nays: Messrs. Belden, Brashear, Corbell, Gantt, Gray of Jefferson, Harrison, 
 Hatfield, Hicks, Hutchinson, Mallory, Montgomery, Murphy, McClure, Sams, 
 Sarber, Shoppach, Sims, White, Williams, and Wyatt — 20. 
 
 So the decision of the Chair was sustained. 
 
 The question recurring upon the motion tthat further proceedings be 
 suspended, 
 Mr. McCLTJRE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken ; and it was decided in the affirmative, — Yeas 
 29, E"ay8 26, as follows : 
 
 Yeas: Messrs. Beasley, Bell, Brooks, Dale, Evans, Exon, Hinds, Hinkle, Hol- 
 lis, Hodges of Pulaski, Johnson, Kyle, Langley, Misner, Millsaps, McCown, 
 Oliver, Portis, Eawlings, Eeynolds, Eounsaville, Samuels, Smith, Snyder, Van 
 Hook, Walker, Wilson, White, and the President— 29. 
 
 Nays: Messrs. Belden, Brashear, Corbell, Gantt, Gray of Jefferson, Harrison, 
 Hatfield, Hawkins, Hicks, Hodges of Crittenden, Hoge, Houghton, Hutchinson, 
 Mallory, Mason, Merrick, Montgomery, Murphy, McOlure, Priddy, Sams, Sar- 
 ber, Shoppach, Sims, Williams, and Wyatt — 26. 
 
 So further proceedings under the call of the house were suspended. 
 
 The question recurring upon the motion to lay the amendment upon 
 the table, 
 
 Mr. McCLTJEE asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. REYNOLDS rose to a point of order. Does not a motion to lay 
 the amendment upon the table, carry with it the whole proposition ? 
 
 The PRESIDENT. It is equivalent to a motion to table the resolution. 
 
 The question was taken ; and it was decided in the affirmative,— Yeas 
 34, Nays 24, as follows : 
 
 Teas : Messrs. Beasley, Belden, Bell, Brashear, Brooks, Corbell, Dale-, Evans, 
 Exon, Gray of Phillips, Hatfield, Hawkins, Hinds, Hinkle, Hodges of Crit- 
 tenden, Hodges of Pulaski, Hoge., Houghton, Johnson, Kyle, Langley, Misner, 
 Millsaps, Portis, Priddy, Eawlings, Eeynolds, Sams, Smith, Snyder, Walker, 
 Wyatt, Wright, and the President— 34. 
 
 Nays : Messrs. Coates, Gantt, Grey of Jefferson,- Harrison, Hicks, Hoffis, 
 Hutchinson, Mallory, Mason, Merrick, Montgomery, Murphy, McCown, Mc- 
 
 ( T33 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Wednesday, 
 
 Expenses of tjie Convention. , 
 
 Clure, Oliver, Eounsaville, Sams, Sarber, Shoppach, Sims, Van Hook, "Wilson, 
 White, and Williams— 24. 
 
 So the resolution was laid upon the table. 
 
 Pending the call of the roll : 
 
 Mr. McCLTJRE moved a call of the house. 
 
 .Mr. HODGES, of Pulaski, expressed his disapprobation of the course 
 of members, in their parliamentary action on this question. 
 
 Mr. MO]SrTGOMEEY rose to a point of order. 
 
 Mr. HODGES censured the gentleman from Hempstead [Mr. Mont- 
 gomery] for participation in the proceedings to which he had referred. 
 
 Mr. McCLUEE called Mr. Hodges to order, and insisted upon the call 
 of the house. 
 
 The PRESIDENT. The call is not sustained. 
 
 Mr. McCLUEE. If the President will distinctly call for an expression 
 of the will of the Convention, the call will be sustained. 
 
 Mr. MISNER. Let no man rise who wants to get his certificate this 
 evening. That is what the gentleman is working for. 
 
 The call was sustained, but 
 
 By consent, the vote, by yeas and nays, upon the motion to lay upon the 
 table was proceeded with. The number of members changing their votes 
 was such as to confuse the record, and a new vote was ordered, pending 
 which : 
 
 Mr. BROOKS (when his name was called) said : I am anxious that we 
 should go forward, as promptly as may be, with the business of the Con- 
 vention, and in this way secure the earliest practicable adjournment. If 
 this vote be decided in the negative, and we proceed to adopt the resolu- 
 tion, we may send from here to Ashley County, before we can transact any 
 further business. I vote Aye. 
 
 Mr. MALLORY (when his name was called) was understood to say, in 
 substance: A misunderstanding exists in relation to this matter; and I 
 will explain my vote. If the original resolution shall be adopted, we can 
 then send after those who have left the City. But the amendment pro- 
 posed, confines the order to those who have not had leave of absence, and 
 if carried, the resolution will not affect those who have gone. I vote No. 
 
 EXPENSES OF THE CONVENTION — AGAIN. 
 
 The PRESIDENT laid before the Convention a communication from 
 HenetPagb, Treasurer of State, transmitting the correspondence between 
 himself and the General Commanding Fourth Military District, relative 
 to the payment of the Convention. 
 ( 734 ) 
 
Feb. 12th.J AEKANSAS COlSTSTITUTIOlSrAL CONVENTION". [29th Day. 
 
 Leaves of Absence — Absentees — Pay and Mileage of Assistant Secretaries. 
 
 The PRESIDEISTT. There is a resolution already on the table, relating 
 to the same business. 
 
 Mr. HODGES, of Pulaski, moved that the communication be received 
 and be spread upon the Journal. 
 
 The question was taken ; and the motion was agreed to. 
 
 [From circumstances beyond the control of the Secretary, the commu- 
 nication does not appear upon the Journal. — Reporter.] 
 
 Mr. HODGrES, of Pulaski, offered the follqwing resolution : 
 
 Resolved : That Colonel Henry Page, Treasurer of State, be requested to 
 telegraph to General Gillem, commanding Fourth Military District, for an 
 order directing the Auditor to draw his "warrant for the payment of all ex- 
 penses of the Convention. 
 
 The question was taken; and the resolution was adopted. 
 
 leaves of absence — ABSENTEES. 
 
 Mr. McCLTJRE offered the following resolution : 
 
 Eesolved : That all leaves of absence granted to members of this Convention, 
 ■who have not left this city, are hereby revoked, and the Sergeant-at-Arms be 
 ordered to bring such members before the Convention. 
 
 The question was taken, and the resolution was adopted. 
 
 The PRESIDEN"T directed the Sergeant-at-Arms to proceeci with the 
 discharge of his duty, in accordance with the requirement of the reso- 
 lution. 
 
 PAT AND mileage OF ASSISTANT SECRETARIES. 
 
 Mr. BELL offered the following order : 
 
 Ordered : That the First and Seo()nd Assistant Secretaries be allowed the 
 pay and mileage for each thirty miles travelled, the same as delegates, from 
 their respective counties. 
 
 Mr. KYLE. I have never known that done, in any deliberative body. 
 I would be quite as willing that these gentlemen should have mileage, as 
 any, if it were customary. , They are good officers, and have performed 
 their duties well. That is all true ; and they deserve the thanks of the 
 Convention ; but the course proposed is unusual. It is customary for can- 
 didates to come to the Capital and take their chances, and if elected, get 
 their per diem. 
 
 Mr. CYPERT. Like the gentleman from Dallas [Mr. Kyle], I am as 
 
 ( ^35 ) 
 
1868.] DEBATES AND PEOOBEDINGS OF THE [Wednesday, 
 
 Appointment of Boards of Codification. 
 
 willing that these gentlemen should be paid mileage, as any other; but it 
 does seem to me entirely unprecedented. They were not forced to come 
 here ; and gentlemen residing in the City could have been procured to 
 do the work, and could have been so procured had these gentlemen not 
 been applicants. They took their chances, when they came here, seek- 
 ing their positions. Their per diem has not necessarily been fixed be- 
 yond alteration. I presume that could be increased. But it is unpre- 
 cedented to give them mileage ; when they were under no obligations to 
 come. 
 
 Mr. MALLORT. I move, as a substitute, that the persons named 
 receive a vote of thanks of the Convention, in lieu of mileage. 
 
 Mr. GANTT. I object to the motion. 
 
 Mr. HODGES, of Pulaski. I would ask if it is not in order. 
 
 The PRESIDEIS'T. The gentleman has raised no point of order. The 
 Chair understands him simply to express himself opposed to the amend- 
 ment. 
 
 Mr. GAIifTT. Mileage is substantial ; and the thanks of the Convention 
 will not repay the gentlemen. I should regard it, were I one of the Sec- 
 retaries, as an empty compliment. 
 
 Mr. BELL. I think the most proper method of voting our thanks, is 
 by allowing the gentlemen mileage. 
 
 The PRESIDENT. The Chair is authorized to state that the Sbcketary 
 declines any vote of thanks. 
 
 The Second Assistant Sbcretakt, by consent, said : I do not wish any 
 addition to my pay. I think the Convention has paid us well for what we 
 have done. [Applause.] 
 
 The question was taken ; and the substitute was adopted. 
 
 After some inquiry as to the nature of the proposition adopted by the 
 Convention, in the course of which 
 
 Mr. HODGES, of Pulaski, said he would be pleased to add to the com- 
 pensation of the officers in question, but that he considered it impolitic, at 
 this stage of the session, to set a precedent of the kind, which might give 
 rise to similar motions in favor of others, 
 
 appointment of boards op codification. 
 
 The PRESIDENT announced the following Boards of Commissioners, 
 appointed under the resolution passed in pursuance of the provisions of 
 Article XV, Section 11, of the Constitution : 
 
 To Revise and Re-arrange the Statute Laws of the State: Messrs. 0. P. 
 Snyder, John McClure, and Clifford Stanley Sims. 
 ( 736 ) 
 
Feb. 12th.] AEKANSAS CONSTITUTIONAL CONVENTION. [29th Day. 
 Vacancies in Boards of Codification — Expenses of Convention. 
 
 To Prepare a Code of Practice : Messrs. B. F. Rice, Jambs Hinds, and 
 J. N". Sarber. 
 
 Mr. McCLURE requested that some other name might be substituted 
 for his. 
 
 Mr. SARBEB, moved that Mr, McClure be excused. 
 
 The PRESIDENT. The Chair will take the matter under consideration. 
 
 vacancies in boards op codification. 
 
 Mr. HINDS offered the following resolution : 
 
 Resolved : That should any one or more of the Commissioners, appointed to 
 codify and arrange the laws, resign, die, or otherwise become disqualified to 
 act, the balance of the Commission shall have power to appoint a suitable per- 
 son, or persons, to fill the Commission. 
 
 The question was taken ; and the resolution was adopted. 
 
 expenses oe the convention — again. 
 
 The PRESIDENT laid before the Convention the following communi- 
 cation from Henry Page, Treasurer of the State : 
 
 Trkastjet of the State of Aekansas, 
 Little Eock, February 12, 1868. 
 Genl. Thos. M. Bowen, 
 
 President Constitutional Convention. 
 Sir : The Auditor will issue warrants for all expenses of Convention, for 
 which proper certificates are presented, upon excess of fifty thousand dollars. 
 Have telegraphed to General Gillem, requesting him to authorize the Auditor's 
 warrant, endorsed by Treasurer, to be received for all taxes. 
 
 Kespectfully, 
 
 Your ob'd't servant, 
 
 Henry Page, 
 
 Treasurer. 
 
 Mr. HODGES, of Pulaski, moved that the communication be spread 
 upon the Journal. 
 
 The PRESIDENT. The Treasurer has already endorsed the warrants 
 in the manner stated. The Chair supposes he thought an order would 
 strengthen the matter. It is probably as good, now, as it can be. 
 
 47 ( 737 ) 
 
1868.] DEBATES AXD PEOCEEDINGS OF THE [Thursday, 
 
 Printing of MemoriiUs and Ordiuances — Election for Bntification of Constitution. 
 
 PRINTING OF MEMORIALS AND ORDINANCES. 
 
 Mr. HINDS offered the following resolution : 
 
 .7?t>'(>/(Y(? ; That tivo hundred oopios of all memorials and ordinances bo printed 
 for the use of the members of this Convention. 
 
 The question was taken; and the resolution was adopted. 
 
 ^[r. HODGES, of Pulaski, moved that the Couvoutiou adjourn to ten, 
 A.M., of Thursday, February loth. 
 
 The question was taken; and the motion was agreed to ; 
 And thereupon, at 4.30, p.m., the Convention adjourned to 10, a.m., of 
 Thursday, February 13th. 
 
 THIRTIETH DAY. 
 
 Thursday, Febniary IBth, 18GS. 
 
 Convention met, pursuant to adjournment, at 10, a.m. 
 Prayer was offered by the Chaplain. 
 
 The roll was called; and the following members answered to their 
 names : 
 
 Messrs. Adams, Beaslov, Beldon, Boll, Brasboar, Brooks, CorboU, Dale, Evans, 
 Exon, Gantt, Gray of Jefferson, Harrison, Hattield, Hawkins, llieks. Hinds, 
 Hinklo, Hollis, Hodges of Critlonden, Hodgos of Pulaski, Uoge, Houghton, 
 Hutchinson, Johnson, Kyle, Langley, Mason, Merrick, iMisner, Millsaps, Mont- 
 gomery, Murphy, McCown, MeCUire, Oliver, Portis, Priddy, IJawhngs, Keetor, 
 Reynolds, Poiinsaville, Sams, Samuels, Sarbor, Seolt, Shoppaeh, Sims, Smith, 
 Snyder, Van Hook, "Walker, Wilson, Williams, Wright, Wyatt, and the Presi- 
 dent. 
 
 A quorum of the memhers of the Convention having answered to their 
 names. 
 And the reading of the Journal having, by consent, be'en deferred : 
 
 ELECTION FOR RATIFICATION OF TUB CONSTITUTION. 
 
 [The President caused to be spread upon the Journal the following 
 ( 738 ) 
 
Feb. 13th.] AKKANSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Election for Ratification of Constitution.— BROOKS— McCLUEE. 
 
 communication addressed by him to Brevet Brig. Gen. C. H. Smith, com- 
 manding Sub-District of Arkansas : 
 
 Hall Constittjtional Convention, 
 
 Little Rock, February 11th, 1868. 
 Beig. Genl. C. H. Smith, 
 
 Comdg. District Arkansas, — 
 Sir : I -have the honor to notify yoii that at the hour of two o'clock this 
 morning, the Constitution, its Schedule, and Elective Ordinance, was adopted 
 by the Convention. The day fixed for the commencement of the election, is 
 the 13th day of March, A. D. Ij868. You are respectfully requested to notify 
 Genl. GiLLEM, Commanding 4th Military District, by telegraph. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 Thomas M. Bowen, 
 President of the Convention.] 
 
 The PRESIDENT laid before the Convention the following telegram, 
 from Headquarters Fourth Military District, addressed to Brevet Briga- 
 dier General C. H. Smith, commanding Sub-District of Arkansas, and by 
 him communicated to the President. 
 
 Copy. 
 
 ViCKSBTJEG, Miss., February 12th, 1868. 
 
 To General C. H. Smith. 
 
 "If Convention has not adjourned, cannot time of beginning election be ex- 
 tended until April 1st. Is it possible for you to got Eegistrars selected and 
 organized as boards, in time to revise the list fourteen days preceding the elec- 
 tion? See Section Seven of law published in General Orders Seventy-one (71)." 
 
 (Signed) John Tyler, 
 
 A. A. G. 
 
 Endorsed as follovi's : 
 
 HlArQUARTBRS SUB-DISTEICT OV LITTLE ROCK, AeK., 
 
 February 13th, 1868. 
 Eespectfully referred to Honorable Thomas M. Bowen, President Constitu- 
 tional Convention, for the action of the Convention. To be returned. By 
 
 command of Bvt. Brig. Genl. C. H. Smith: 
 
 (Signed) S.M.Mills, 
 
 First Lieut, and Adjutant 28th Inf., A. A. A. Or. 
 
 Mr. BROOKS. I move you that the Peesidunt of the Convention be 
 authorized to respond to the despatch, informing the General commanding 
 that the time of the election is fixed by the Constitution, and has been 
 published to the State. 
 
 Mr. McCLURE. Does the Convention refuse? 
 
 Mr. BROOKS. It is impracticable for the Convention to comply. We 
 have adopted the Constitution; it is signed, sealed, delivered, and pub- 
 lished to the world. 
 
 { 739 ) 
 
1868.] DEBATES A]!irD PEOCEEDINGS OP THE [Thursday, 
 
 Qualifleation of Mr. Eatoliffe — Pay of Deputy Sheriffs. 
 
 Mr. HOG-E. Do I understand that to be a request from the General com- 
 manding? 
 
 The PEESEDENT. It is a communication from the commanding Gen- 
 eral of the District, to General Smith. 
 
 The question was taken ; and the motion was agreed to. 
 
 [In compliance with the order of the Convention, the President re- 
 turned the following response, to the communication of the telegram to 
 Brevet Brig. Gen. C. H. Smith, commanding Sub-District of Arkansas; 
 which response the President caused to be entered upon the Journal : 
 
 Hall CoNSTiTUTioifAL CoirvBirTioif, 
 February 13th, 1868. 
 Eespectfully returned. The Convention declines to change the time of hold- 
 ing election, which is fixed in the Constitution itself. Notice of election sent 
 all over State. General Smith can reach every part of the State through the 
 delegates, who leave to-morrow. 
 
 Thomas M. Bowen, 
 
 President Convention.] 
 
 QUALIFICATION OP MR. RATCLIFFE. 
 
 Mr. GAlsTTT. I hold in my hand the credentials of Mr. H. "W". Eatoliffe, 
 delegate from Randolph County; and move that he be sworn as a delegate 
 to this Convention. 
 
 Mr. McCLUEE. I move that the credentials be referred to the Commit- 
 tee on Elections. I am desirous to know why the gentleman has not be- 
 fore presented himself. 
 
 Mr. GANTT stated that the sickness of the gentleman himself, and of 
 his family, had prevented his earlier attendance. At the time when it 
 was necessary for him to start, he was confined to his bed. On his way 
 to Little Eock, he was again attacked by illness, and was thus detained 
 to the present time. 
 
 Mr. McCLUEE. Did he dilly-dally ? 
 
 Mr. GAISTTT. No, sir; — I announce that positively. 
 
 Mr. McCLUEE. Then I withdraw my motion. 
 
 !N"o objection being made, 
 
 Mr. Eatoliffe appeared in his seat, and the prescribed oath of office 
 was duly administered by the President. 
 
 PAY OF DEPUTY SHERIFFS — AGAIN. 
 
 The PEESIDENT. The Chair will call the attention of the Convention 
 (HO ) 
 
Feb. 13th. J AEKANSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Finances of the State.— HODGES of Pulaski— REYNOLDS. 
 
 to the fact that a communicaition was, some time ago, sent from Military 
 Headquarters, in relation to the pay of certain Deputy Sheriffs, for ser- 
 vices rendered at the late election. It wa« requested that the papers be 
 returned. 
 
 Mr. McCLUEE. The Committee on Finance had before them a large 
 number of such accounts ; action was taken upon them, and the Conven- 
 tion adopted the Report of the Committee, setting forth that such charges 
 did not properly belong to the expenses of the Convention. If the Presi- 
 dent of the Convention would take the Report of the Committee, as by 
 the Convention adopted, and endorse that on all the claims, it seems to 
 me it would dispose of the whole matter. 
 
 FINANCES OP THE STATE — AGAIN. 
 
 Mr: HODGES, of Pulaski, moved that the Report of the Committee on 
 Finance, etc., on the condition of the finances of the State, submitted 
 February 5th, be taken up, and adopted. 
 
 Mr. REYiN'OLDS. I would like to have that Report read, in order that 
 we may know what report it is that we are to vote on. 
 
 The PRESIDENT. The Report is already before the Convention. 
 
 Mr. REYNOLDS. I ask for the reading of the Report, for information. 
 I cannot vote withoiit knowing what it is. 
 
 Mr. HODGES, of Pulaski. I would say that the Report has been before 
 the Convention, and was discussed for a whole day. I hold a printed copy 
 of it in my hands. 
 
 Mr. REYNOLDS. Notwithstanding that, the privilege of members still 
 is, to have the document read for information. 
 
 The PRESIDENT. The Chair believes the rule to be" that if a document 
 is once read, the consent of the Convention is required, for a second read- 
 ing. The rule seems to be somewhat explicit. 
 
 Mr. REYNOLDS. I beheve I have a right to call for a reading, at any 
 
 time. 
 .The PRESIDENT. The Chair is of a contrary opinion ; but the shortest 
 
 way will be to have the Report read. 
 
 The SECRETARY read the Report [printed on pp. 485 et seq.] 
 Mr. REYNOLDS asked for the yeas and nays. 
 The yeas and nays were ordered. 
 
 The question was taken on the adoption of the Report; and it was de- 
 cided in the affirmative,— Yeas 40, Nays 12, as follows: 
 
 Teas: Messrs. Belden, Brashear, Brooks, Dale, Evans, Bxon, Gray of Jeffer- 
 son, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Hodges of Crittenden, Hodges 
 of Pulaski, Houghton, Hutchinson, Johnson, Kyle, Langley, Mason, Merrick, 
 
 ( 741 ) 
 
1868.] DEBATES AND PEOCBBDINGS OP THE [Thursday, 
 
 Penitentiary.— HINDS. 
 
 Misner, Millsaps, Montgomery, Murphy, McCiure, Oliver, Priddy, Eateliffe, 
 EawliDgs, Eeetor, Eounsaville, Sams, Samuels, Sarber, Sims, Smith, Snyder, 
 White, and the President — 40. « 
 
 'Nays : Messrs. Adams, Coates, Corbell, Gantt, Hicks, Hoge, Portis, Eeynolds, 
 Shoppach, Yan Hook, "Walker, and Wright — 12. 
 
 So the Eeport was adopted. 
 Pending the call of the roll : 
 
 Mr. MASON (when his name was called) said: I vote Aye; excepting, 
 however, to the language used in some places. 
 
 Mr. Mason subsequently sent to the Secretary's desk the following ex- 
 planation of his vote, which he asked to have spread upon the Journal: 
 
 I vote Yea, but wish to record the following objections : 
 
 Ist. The expression of the opinion of the Committee upon the object in estab- 
 lishing the Banks, and the way in which the funds were spent, is, in my opin- 
 ion, inappropriate in this connection. 
 
 2d. The clause saying, " That we find the men who have been guilty of these 
 most atrocious crimes," &c., &c. I object to judging men before they have been 
 tried. 
 
 PENITENTIARY — AGAIN. 
 
 Mr. HINDS. I move the adoption of the Majority Report of the Com- 
 mittee on the Penitentiary; and on that motion I move the previous 
 question. 
 
 Mr. REYNOLDS asked for the yeas and nays. 
 
 The vote was taken upon the question, — Shall the main question be now 
 put ? and the main question was ordered. 
 
 The question was then taken on the adoption of the Majority Report; 
 and it was decided in the affirmative, — Yeas 35, Nays 16, as follows : 
 
 Teas : Messrs. Belden, Brashear, Brooks, Coates, Dale, Evans, Exon, Gray of 
 Jefferson, Harrison, Hatfield, Hawkins, Hinds, Hinkle, Houghton, Hutchinson, 
 Johnson, Kyle, Langley, Merrick, Misner, Millsaps, Montgomery, Murphy, 
 McClure, Oliver, Port'is, Eawlings, Eeetor, Sams, Samuels, Sarber, Sims, Smith, 
 Snyder, and Van Hook — 35. 
 
 Nays : Messrs. Adams, Beasley, Corbell, Gantt, Hicks, Hodges of Crittenden, 
 Hoge, Mason, Portis, Eateliffe, Eeynolds, Shoppach, Walker, Wilson, White, 
 and Wright — 16. 
 
 So the Majority Report of the Committee on the Penitentiary was 
 adopted. 
 
 Pending the call of the roll : 
 ( T42 ) 
 
Feb. 13th.] AEKAISTSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Ashley County Election.— HINDS— GANTT. 
 
 Mr. CORBELL asked to be excused from voting. 
 
 Objection being made, 
 
 Mr. CORBELL voted ITo. 
 
 The vote was then announced as above. 
 
 Mr. WHITE moved that the Minority Report also be- adopted. 
 
 Mr. HINDS. "Will it be in order to adopt the Minority Report, after 
 the adoption of the Report of the Majority? 
 
 The PRESIDENT. Are the reports conflicting ? 
 
 Mr. McCLURE. Somewhat. 
 
 The PRESIDENT. The Chair is inclined to the opinion that the motion 
 is out of order. So far as the adoption of the Reports is concerned, the 
 adoption of the Majority Report ends the matter. 
 
 ASHLEY COUNTY ELECTION — AGAIN. 
 
 Mr. HINDS. The Ashley County case has not been disposed of I move 
 the adoption of the Majority Report of the Committee on Elections, on that 
 subject; and on that motion I move the previous question. 
 
 The vote was taken on the question,— Shall the main question be now 
 put? and the main question was ordered. 
 
 Mr. GANTT. I will state that there is no necessity for the previous 
 question, this morning. There will be no debate. 
 I ask for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 The question was taken; and it was decided in the affirmative, — Yeas 
 35, Nays 13, as follows : 
 
 Teas : Messrs. Belden, Brashear, Brooks, Dale, Bxon, Gray of Jefferson, Har- 
 rison, Hatfield, Hawkins, Hinds, Hinkle, Hodges of Palaski, Hutchinson, John- 
 son, Kyle, Langley, Merrick, Millsaps, Montgomery, Murphy, MeClure, Oliver, 
 Portis, Priddy, Rawlings, Eector, Sams, Samuels, Sarber, Sims, Smith, Snyder, 
 White, 'Williams, and the President — 35. 
 
 Nays: Messrs. Adams, Corbell, Gantt, Hicks, Hollis, Hoge, Misner, Eatcliffe, 
 Eeynolds, Shoppach, Walker, Wilson, and Wright— 13. 
 
 So the Majority Report of the Committee on Election, on the subject of 
 the Ashley County Election, was adopted. 
 
 Pending the call of the roll : 
 
 Mr. BEASLEY (when his name was called) asked to be excused from 
 voting, as he did not know the nature of the Report. 
 
 ( 743 ) 
 
1868.] DEBATES AND PEOCBEDINGS OF THE [Thursday, 
 
 Publication and Distribution of Debates and Proceedings. 
 
 Mr. BEASLEY was excused. 
 
 Mr. VAIT HOOK (when his name was called) asked to be excused from 
 voting. 
 
 1^0 objection being made, 
 
 Mr. YAN HOOK was excused. 
 
 The vote was then announced as above. 
 
 PUBLICATION AND DISTRIBUTION OF DEBATES AND PROCEEDINGS. 
 
 Mr. BEOOKS offered the following order : 
 
 Ordered : That the Secretary of this Convention superintend the printing of 
 the Official Journal and Debates of this Convention ; and that for his services 
 in copying said Journal and Debates, reading proof-sheets, and distributing the 
 volumes, he be allowed such reasonable customary fees as the President of this 
 Convention may award him therefor. 
 
 Ordered : That the Secretary be authorized to employ a suitable person to 
 prepare a full index to the Journal and Debates, at the usual compensation for 
 such services. 
 
 Ordered : That one thousand copies of the Official Journal and Debates of this 
 Convention be printed, and distributed to the several Counties of this State 
 in the ratio of their representation in this Convention. 
 
 Ordered : That the Secretary have five copies of said Official Journal and 
 Debates neatly bound for each delegate and officer of this Convention, and 
 shall transmit such copies to such delegates and officers, by mail, as soon as 
 practicable; and that copies, similarly bound, shall be furnished as follows: To 
 the Supreme Court Library, five copies; to the office of the Secretary of State, 
 for permanent preservation and reference, twenty copies ; and to each of the 
 several public libraries in the United States, one copy each. 
 
 The question was taken ; and the order was passed. 
 
 Mr. GAJS'TT presented the following Ordinance : 
 
 AN OEDINANOB CONCEEmNG PEINTING. 
 Be it ordained by the people of Arkansas in Convention assembled: 
 
 That all printing which has been, or may be, authorized by any ordinance 
 or resolution of this Convention, shall be executed within the limits of the State 
 of Arkansas; and that no money shall be paid out of the public Treasury, for 
 any such printing which shall be executed without the limits of this State. 
 
 Which was read a first time. 
 ( 744 ) 
 
Feb. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Publication and Distribution of Debates and Proceedings. 
 
 Mr. HDfDS moved that the Ordinance be referred to the Committee 
 on Printing. 
 
 Mr. GAK"TT moved that the rules be suspended, and the Ordinance 
 placed upon its second reading. 
 
 The PEESIDEN'T entertained the latter motion. 
 
 The question was taken ; and the motion was agreed to. 
 The Ordinance was read a second time. 
 
 Mr. GANTT. I now move that the Ordinance be placed upon its third 
 reading. 
 
 Mr. HODGES. . I move, as an amendment, that it be referred to the 
 Committee on Ordinances. 
 
 Mr. GANTT. A considerable amount of printing will be required, and 
 it will involve the payment of a good deal of money; and if there is any 
 benefit in circulating the funds among the" people, I think we ought to 
 have the benefit of it. I do not desire to occupy thte attention of the Con- 
 vention in elaborating that proposition. The circulation, among the peo- 
 ple of Arkansas, of the funds expended for this printing, would be a bless- 
 ing to them; and it will be but returning to the pockets of the people the 
 money taken from their pockets. 
 
 The PRESIDEl^T. The motion to refer is not debatable. Debate is 
 permitted only by consent. 
 
 The question was taken ; and, a division being called for, the motion to 
 refer was not agreed to. 
 
 Mr. HODGES, of Pulaski. I now move to lay the Ordinance upon the 
 table. 
 ■ Mr. BROOKS. We are heartily in favor of all home institutions, and 
 the attraction of capital to Arkansas, as well as the distribution and circu- 
 lation of capital in the State. But we are not in favor of attempting, by 
 legislative enactment, or by authority of a resolution of this kind, to 
 restrict or control any gentleman or firm holding a contract. It is their 
 privilege and right, on every just principle, to have this contract executed 
 in London, if they please, so it be well done. It is a matter in regard to 
 which we ought not to attempt the exercise of any control whatever. 
 We can never regulate matters of that kind by legislation— the attempt 
 to do so, is a violation of every principle of business. 
 
 Mr. GAISTTT asked for the yeas and nays. 
 
 The yeas and nays were ordered. 
 
 Mr. McCLURE. I would suggest that, having contracted with the 
 Printer, for a specified price, we have no right to dictate to him further 
 
 ( 745 ) 
 
1868.] DEBATES AKD PEOCEEDIJSTGS OP THE [Thursday, 
 
 Publication and Distribution of Debates and Proceedings.— GANTT— BROOKS. 
 
 terms, regarding the manner in which we shall procure the execution of 
 his contract. 
 
 The PRESIDEIfT. The Chair is inclined to consider the point well 
 taken. The Chair will state to the gentleman from Prairie [Mr. Gantt], 
 that the 'Convention has already, by its own action, entered into a contract; 
 and for it now to attempt to regulate the action of the contractor, acting 
 within the limits of his contract, would, it seems to the Chair, be out of 
 order. 
 
 Mr. G-ANTT. If this Convention possesses the power, under the law 
 and the Constitution, to appoint a Public Printer, it certainly has a right 
 to control his action. I appeal from the decision of the Chair; and upon 
 that appeal I will call for the yeas and nays. 
 
 The PRESIDENT. The Chair will state that, in the opinion of the 
 Chair, the contract concludes all these questions, and that the object 
 sought could not be reached without a reconsideration of the order pro- 
 viding for the contract. 
 
 The yeas and nays were ordered. 
 
 The vote was taken on the question, — Shall the decision of the Chair be 
 sustained? and it was decided in the affirmative, — Yeas 26, JSFays 20, as 
 follows : 
 
 Teas : Messrs. Belden, Coates, Bxon, Gray of Jefferson, Harrison, Hatfield, 
 Hawkins, Hinds, Hinkle, Hodges of Crittenden, Hodges of Pulaski, Houghton, 
 Hutchinson, Johnson, Kyle, Langley, Murphy, McClure, Oliver, Eawlings, Eec- 
 tor, Eounsaville, Sams, Samuels, Snyder, and Yan Hook — 26.^ 
 
 Nays : Messrs. Adams, Beasley, Brooks, Corbell, Dale, Gantt, Hicks, Hoge, 
 Mason, Misner, Montgomery, Portis, Priddy, Eatcliffe, Eeynolds, Shoppach, 
 Sims, Walker, White, and Wrigh1^20. 
 
 So the decision of the Chair was sustained ; and the further considera- 
 tion of the Ordinance was ruled out of order. 
 
 Pending the call of the roll : 
 
 Mr. BROOKS (when his name was called) said : I ask the privilege of a 
 moment's explanation. I am utterly opposed to this proposition to control 
 the action of the Printer under his contract; but as upon the question of 
 order, I beg to differ from the Chair. 
 
 The PRESIDENT. The Chair decides upon the ground that, the Con- 
 vention, having already acted, and made the contract, it has no right, with- 
 out reconsidering that action, to interfere with the execution of the contract. 
 
 Mr. BROOKS. I think that correct, considered as a principle to guide 
 our action ; but not as a rule of parliamentary law. I submit this view 
 with all deference. 
 { T46 ) 
 
Feb. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Bemoval of Political Disabilities — Additional Compensation of Assistant Secretaries. 
 
 Mr. EVANS (when his name was called) said he was unacquainted with 
 the question before the Convention, and asked to be excused. 
 
 No objection being made, 
 
 Mr. EVA]!^S was excused. 
 
 Mr. MONTGOMERY (when his name was called) said : Do I under- 
 stand the Ordinance to change the contract, or only to require the printing 
 done in the State ? 
 
 The PRESIDENT. The Ordinance interferes with the action of the 
 Printer. The decision of the Chair has been based upon the supposition 
 that the Printer has a right under his contract. 
 
 Mr. SMITH (when his name was called) said : This is a question about 
 which rjy mind is not clear. I therefore ask to be excused from voting. 
 
 No objection being made, 
 
 Mr. SMITH was excused. 
 
 Mr. WILSON (when his name was called) asked to be excused from 
 voting. 
 
 No objection being made, 
 
 Mr. WILSON was excused. 
 
 The vote was then announced as above. 
 
 REMOVAL OF POLITICAL DISABILITIES — AGAIN. 
 
 Mr. HINDS, from the Special Committee appointed to prepare a memo- 
 rial to Congress, asking the removal of the disabilities of citizens who advo- 
 cated reconstruction, stated that the Committee had prepared a memorial, 
 which they would submit. 
 
 Mr. EXON moved that the Convention adjourn to ten, a.m. of the 
 
 morrow. 
 
 ADDITIONAL COMPENSATION OE ASSISTANT SECKETARIES. 
 
 Mr. HODGES, of Pulaski, asked that the motion might be withdrawn. 
 
 Mr. EXON not insisting upon his motion, 
 
 Mr. BEASLEY offered the following resolution : 
 
 Besalved: That in consideration of the extraordinary work performed by 
 Mr. H. St: John, Assistant Secretary, he be paid ten dollars per day, instead 
 of eight. 
 
 ( H7 ) 
 
1868.] DEBATES AND PEOOEEDINGS OF THE [Thursday, 
 
 Additional Compensation of Assistant Secretaries. — Q-ANTT — SMITH. 
 
 Mr. GAFTT. I think that the name of Mr. "Wright, Second Assistant 
 Secretary, should be added; and I offer that proposition as an amendment. 
 
 The question was taken ; and the amendment was agreed to. 
 
 Mr. GANTT. I will state, in support of the motion now upon its pas- 
 sage that, so far as I am individually concerned, I think it right and proper 
 that the proposed extra allowance should be made. As is well known to 
 every member of the Convention, I have steadily opposed not only appro- 
 priations, but every ordinance and resolution providing for a payment to 
 delegates or to officers. But, in opposition to my vote, appropriations 
 have been made. The Ordinances fixing the pay of delegates and officers 
 have passed ;. and in view of the fact that the payment has to be made, I 
 feel, for one, that it is right and proper that the member of this body, 
 whether officer or delegate, who has the labor to do, should be p^d for it. 
 That an immense amount of labor has been imposed upon the Secretaries 
 of the Convention, is unquestionably true. I feel, and I am gratified to 
 feel, that in a matter of this sort, I can ignore any party prejudices or dis- 
 likes. I am disposed to mete out even-handed justice. Yesterday, this 
 question, in one shape, was before the Convention ; and I favored the grant 
 of extra compensation. I favor it to-day. And I opposed a proposition 
 offered in lieu thereof, to pass a vote of thanks of the Convention. I op- 
 posed the amendment offering thanks, instead of money, to the Secreta- 
 ries, for the reason that, upon principle, I^m apposed to tendering thanks 
 to the presiding officer, or to the other officers, of a deliberative bo'dy. 
 They have duties to perform ; and if they have jperformed their duties, ■ 
 they will at least receive the kindest regards and respect of those associated 
 with them. And I feel that not only myself, but every other delegate 
 upon this floor, has undertaken to do, and whether he has done it or not, 
 his purpose has been.to do, his whole duty; and I should, for one, feel as 
 much that it was necessary to tender a vote of thanks to the members of 
 the Convention, for the manner in which they have discharged their duty, 
 as to either the presiding officer or the Secretaries. The Secretaries, how- 
 ever, in point of fact, have discharged their duties; they have discharged 
 them faithfully. Those duties have been onerous ; and, in my humble 
 judgment, the pay already given them does not compensate them for the 
 labor they have performed. I desire the passage of this resolution. I 
 desire to record my vote in its favor. How my political friends will feel 
 in the matter, I am unable to say ; but I certainly hope they will agree 
 with me in the proposition that, under all the circumstances, it is right to 
 pay, for their labor, the gentlemen who have discharged these onerous 
 duties. 
 
 Mr. SMITH. These gentlemen, our Secretaries, have done a great deal 
 of work. They have worked a great number of hours each day. They 
 ( lis ) 
 
Feb. 13th.] AEKANSAS CONSTITUTIONAL CONVENTION. [30th Day. 
 Committee on Engrossment of Constitution — Question of Privilege. — KYLE. 
 
 have, as I believe, been faithful in the discharge of all their duties ; and 
 I hope the resolution now pending, will pass the Convention. 
 
 The question was taken ; and the resolution was unanimously adopted. 
 
 COMMITTEE ON ENGROSSMENT OE THE CONSTITUTION. 
 
 Mr. SIMS offered the following resolution : 
 
 Resolved: That the President of the Conventiou appoint a Committee of 
 three, whose duty it shall be to compare the engrossed copies of the Constitu- 
 tion with the Eeport of the Committee on the Constitution, its Arrangement 
 and Phraseology, and to correct any errors or omissions which may be detected. 
 
 The question was taken; and the resolution was adopted. 
 
 REMOVAL OF POLITICAL DISABILITIES — AGAIN. 
 
 Mr. HIE"DS. I wish to give notice that if any gentlemen wish addi- 
 tional names placed upon the Memorial praying the removal of political 
 disabilities of citizens who have aided reconstruction, I would be glad to 
 learn the fact. 
 
 QUESTION OF PRIVILEGE. 
 
 Mr. KYLE, by consent, rose to a question of privilege. The worthy 
 and venerable Governor of the State had brought to his notice the case of 
 a very estimable lady, in the vicinity, burdened with the support of two or 
 three children, who had had the misfortune to have had her house burned, 
 and whose case he recommended to the benevolence of members of the 
 Convention. 
 
 Mr. PRIDDY added that the lady's husband had died in the service. 
 
 Mr. JOHNSON. I would inquire whether she is colored or white. 
 
 Mr. KYLE. White. 
 
 Mr. JOHNSON. I move that the Convention help all needy women. 
 
 The PRESIDENT. It is merely a suggestion that is offered. 
 
 Mr. LANGLEY moved that the Convention adjourn to ten, a.m., of 
 Friday, February 14th. 
 
 The question was taken; and the motion was agreed to ; 
 And thereupon, at 11.30, a.m., the Convention adjourned to 10, a.m. of 
 Friday, February 14th. 
 
 ( 749 ) 
 
1868.] DEBATES AND PEOOEEDINGS OP THE [Friday, 
 
 Address by the Chaplain. 
 
 THIRTY-FIRST DAY. 
 
 Fkidat, February lUh, 1868. 
 
 Convention met, pursuant to adjournment, at 10, a.m. 
 The PRESIDEJSTT, on calling the Convention to order, stated that the 
 Chaplain desired permission to address a few remarks to the Convention, 
 
 ADDRESS BY THE CHAPLAIN. 
 
 Eev. Mr. HYDE, Chaplain to the Convention, then addressed the Con- 
 vention as follows :* 
 
 Mr. President, and Gentlemen of the Convention : By your permission, 
 I think it is befitting for me, and due you, before we part, to make a 
 few remarks by way of compliment. 
 
 I am thankful to you, for the honor you conferred upon me, in .elect- 
 ing me Chaplain of this honorable body. 
 
 Additional thanks are due you for the respect and courtesy that you 
 have manifested towards me while trying to exercise the functions of the 
 honorable position bestowed upon me. And it may be that some of you 
 would like to know your Chaplain's ideas relative to the Constitution. 
 
 Well, gentlemen, I am not a politician, and I do not mean to try to 
 make a political speech at this time; but I do not think that it would be 
 trespassing upon my ministerial dignity to say, I believe it to be a good 
 document (if you will allow me the term), and one of the best of its kind 
 ever produced in this capitol. It promises more to the people. And I 
 would say, to our antagonistic friends, that there has been " a good thing 
 come out of ' Nazarus ;' " [Laughter] and we would say to them, as Philip 
 did to Nathaniel, to come and see. And, gentlemen of this Convention, 
 as your Chaplain, I think that you have done a noble work, one that you 
 never need be ashamed of or disown, now, or when you are summoned be- 
 fore the Judiciary of heaven. And I believe your names will go down to, 
 posterity among the good and great men of the nineteenth century. And 
 as we are about to separate, and return to our homes, and take a part in 
 the campaign, gentlemen, I would advise (if you will not think it too 
 conspicuous in me) to move calmly and conscientiously before the people. 
 In this matter of so great magnitude, nothing should be said intentionally 
 
 * The Reporter was not present during the delivery of these remarks by the Chaplain ; and 
 ley are given from MS. subsequently furnished by that gentleman, at the request of the Ke- 
 jrter and others. 
 
 they 
 • porter and others. 
 
 ( V50 ) 
 
Feb. 14th.] AEKAISTSAS CONSTITUTIOlSrAL CONYENTIOK [Slst Day. 
 
 Address by the Chaplain. 
 
 to excite the passions of the people. And as the conflict of arms is over (and 
 we hope forever, in this country), and the conflict of principles still exists, 
 vphose most successful weapons are reason, and logic, and love, — and the 
 field upon which these battles are to be fought is, the stump, the press, 
 and ballot-box, — therefore I would suggest that we take these weapons 
 in one hand, and the Constitution in the other, and meet our enemies on 
 all these fields, and fight it out on this line (unless compelled to resort to 
 other means in self-defence.) And I believe, gentlemen of the Conven- 
 tion, if this proposed Constitution is honestly and plainly placed before 
 the citizens of Arkansas, telling them what it promises to them and their 
 children, I have faith enough in the masses of the people, to believe they 
 know what is for their best interests, financially and intellectually; and, I 
 further believe that they will rally with us and sustain it, and it will be 
 ratified and adopted as the organic law of the State of Arkansas. 
 
 And, gentlemen, I have been praying for it; and you and I are going to 
 continue to pray that God's blessing may rest upon you. 
 
 Let us pray. 
 
 thou great and all wise God, in whose hands are the destinies of all 
 men, we would once more, and perhaps for the last time, under these 
 peculiar circumstances, implore thee to let thy blessings rest upon the 
 members of this Convention ; and, while we are about to separate and re- 
 turn to our homes and families, we pray that thine arms of love, and 
 mercy, and protection, may be spread around them, that their lives may 
 be spared during tfee campaign before the people, and they see the fruits 
 of their unwearied labors in the future. And we pray God to sustain us 
 all in the great work of humanity, so that when it is ours to die, the world 
 may be better by us having Uved in it. And, finally, gather us all to the 
 home of the blessed, in Christ, our Redeemer. Amen. 
 
 The roll was then called, and the following members answered to their 
 names : 
 
 Messrs. Allen, Bell, Brashear, Brooks, Coates, Corbell, Dale, Bvans; Bxon, 
 Gantt, Gray of Jefferson, Grey of Phillips, Harrison, Hatfield, Hawkins, Hicks, 
 Hinlde Hinds, Hollis, Hodges of Crittenden, Hodges of Pulaski, Houghton, 
 Hutchinson, Johnson, Langley, Mason, Merrick, Misner, Millsaps, Montgomery, 
 Murphy McClure, Oliver, Portia, Priddy, Eatcliffe, EawUngs, Eeynolds, Eounsa- 
 viUe, Sams, Samuels, Sarher, Scott, Shoppach, Sims, Smith, Snyder, Van Hook, 
 Walker, Wilson, White, Williams, Wright, Wyatt, and the President. 
 
 A quorum of the members of the Convention having answered to their 
 
 names: • 
 
 The Jo\irnal of the Monday preceding was read. 
 
 (T51 ) 
 
1868.] DEBATES AND PEOCBBDINGS OF THE [Friday, 
 
 The Constitution — Expenses Incurred under Provisions of Schedule. — HODGES of Pulaski. 
 
 THE CONSTITUTION — AGAIN. 
 
 Mr. HINEXE. I would ask leave to change my vote, upon the adoption 
 of the Constitution, from l^o to Aye; retaining upon the record the objec- 
 tions which I have, filed. [Cries of " Leave."] 
 
 Mr. REYNOLDS. I suppose the fact will be stated in to-day's proceed- 
 ings. The gentleman has a right to change his vote, if the change does 
 not affect the result. Let it go on to-day's proceedings ; and let it also 
 appear that the gentleman voted JS'o, at the time. 
 
 The Journal of Monday was approved. 
 
 The Journals of Tuesday, "Wednesday, and Thursday, preceding, were 
 read and approved. 
 
 EXPENSES INCURRED UNDER PROVISIONS OP SCHEDULE. 
 
 Mr. HODGES, of Pulaski, offered the following Ordinance : 
 
 AN OKDINANCE TO DEFEAT THE EZPENSES INCFEKED UNDEE PKO- 
 VISIONS OF THE SCHEDULE TO THE CONSTITUTION, ADOPTED BY 
 THE CONVENTION PEBEUAEY 11th, A.D. 1868. 
 
 Section One. Be it ordained, that all accounts of the Board of Commission- 
 ers, and expenses in carrying out the provisions of said Schedule, appointed 
 under provisions of the Schedule to the Constitution, adopted by this Conven- 
 tion February 11th, 1868, shall be certified to by the President and signed by 
 the Secretary of this Convention. ^ 
 
 Section Two. When said accounts, for said expenses, are presented to the 
 Auditor of State, he shall issue his warrant on the Treasurer of State who 
 shall pay the same out of the appropriation for paying the expenses of this 
 Convention. , 
 
 Section Three. Said Auditor's warrants shall be receivable by all Sheriffs, 
 or other tax-collectors, or Treasurer of the State, for all State taxes, now due' 
 or which may hereafter become due. 
 
 Section Pour. In case said Auditor of State refuses or decHnes to audit said 
 accounts or expenses, the said Board of Commissioners shall issue their war- 
 rants, approved by the President and signed by the Secretary of this Conven- 
 tion, for the same. Said warrants, of said Commissioners, shall, in.hke manner, 
 as provided in Section Three thereof, be receivable for all State taxes now due, 
 or that may hereafter become due. 
 
 Which was read a first time. 
 
 Mr. HODGES, of Pulaski, moved that the rules be suspended, and that 
 the Ordinance be passed to a second and third reading, and placed upon 
 its final passage. ' 
 
 ( T52 ) 
 
Feb. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [Slst Day. 
 Committee on Engrossment of Constitution — Removal of Political Disabilities. 
 
 — 5 
 
 The question was taken ; and the motion was agreed to. 
 
 The Ordinance was read a second and third time. 
 
 The question was then taken, by yeas and nays, upon the final passage 
 of the Ordinance ; and it was decided in the affirmative, — Teas 42, Nays 9. 
 So the Ordinance was passed. 
 
 [The yeas and nays do not appear upon the Journal. — Reporter.] 
 
 APPOINTMENT OF COMMITTEE ON ENGROSSMENT OF CONSTITUTION. 
 
 The PRESIDBIN'T announced the following Committee to compare the 
 engrossed copies of the Constitution with the Report of the Committee on 
 the Constitution, its Arrangement and Phraseology, and correct any errors 
 or omissions which should be detected : 
 
 Messrs. Sims, Hodges of Pulaski, and Brooks. 
 
 REMOVAL OF POLITICAL DISABILITIES — AGAIN. 
 
 Mr. MONTGOMERY offered the following resolution : 
 
 Besolved: That the Chairman of the Committee on Memorials be, and he is 
 hereby, instructed to include in the Memorial to Congress, for the relief of per- 
 sons disfranchised, the names of such persons as may be hereafter recommended 
 by the Eepublican members of this Convention, as having materially aided 
 reconstruction. 
 
 Mr. BROOKS. I see no sufficient reason for that resolution, devolving 
 the sole responsibility upon the Chairman of the Committee. The Com- 
 mittee is so comprised that access can be had to any other member; and 
 I move to so far amend the resolution as to substitute "the Committee," 
 instead of "the Chairman of the Committee." 
 
 Mr. MONTGOMERY. My object in introducing this resolution was 
 that I might do justice to some of my constituents at home. There are 
 some gentlemen there, entitled to a place in this Memorial, whose names 
 I do not recollect; and when we shall arrive at home, this Convention will 
 be adjourned, and this Committee will be separated. I desire to be ena- 
 bled to recommend those whom I know to have materially aided recon- 
 struction ; and I see no way of doing so, except through the Chairman. 
 As I have said, the names, or at least the first names, of some of these 
 men, I cannot now recollect; and the names must be properly stated, or 
 the recommendation would amount to nothing. I desire that those rebels 
 who have accepted the situation, who have accepted the plan of recon- 
 struction, as tendered us by Congress, shall not continue to labor under any 
 disability whatever, but that they shall possess all the privileges enjoyed 
 
 48 ( V53 ) 
 
1868.] DEBATES AND PEOOBEDINGS OF THE [Friday, 
 
 Eemoval of Political Disabilities.— HODGES of Pulaski— HINDS— BROOKS. 
 
 by any other citizens of the State. I hope, sir, that the amendment will 
 not be agreed to. 
 
 Mr. HODGrES, of Pulaski. This matter of the removal of disabilities, 
 requires a delicate handling. You recollect that when President Johnson 
 commenced that work, the very first thing that took place afterward, 
 was that those who were pardoned, turned right around and tried to cut 
 the throats of the party of those who removed their disabilities. — I might 
 change the term " cut-throats " — I did not mean that- — I meant that they 
 began to oppose the political action of the people and party with whom 
 they should, have united themselves. 
 
 Mr. HINDS. I hope, as Chairman of the Committee, that the amend- 
 ment will prevail. I certainly do not wish to be responsible for all the 
 recommendations which it may be thought advisable to make. 
 
 Mr. BROOKS. I do not wish to seem to oppose a movement looking to 
 the removal of any disability attaching to any citizen of the country, or 
 inhabitant of the State, who is sincerely penitent of rebellion against the 
 Government, and who is, to-day, sincerely loyal to its principles, and to 
 those great leading principles out of which grew the conflict. But, sir, I 
 am not, as an individual, disposed to unite even with all the members of 
 this Convention, — if the question were to be brought before the whole 
 body, — in a wholesale jail-delivery in this matter. I have voted, heartily 
 and sincerely, for the provisions of our own State Constitution, which pro- 
 vides that every man who has openly advocated or voted for reconstruction, 
 and the Congressional scheme, — who accepts the situation, accepts the 
 equality of all men before the law, shall have attached to him no disabili- 
 ties, so far as the G overnment of the State is concerned. That is the pro- 
 vision of our Constitution, adopted by this body. And anything that we 
 may do now, upon the subject, can have respect only to disabilities at- 
 tached to those gentlemen in consequence of National legislation/ We 
 have shown, sir, our disposition, by incorporating in our Memorial the 
 names of gentlemen with respect to whose fidelity, now, to the great 
 principles to which I have alluded, there exists no doubt in the minds of 
 any. "We have shown our disposition clearly, definitely, and frankly, at 
 the right time, and under fitting circumstances, and with the necessary 
 assurances before us, to give our voices and vote, if need be, in that direc- 
 tion. We have shown, in that Constitution, an utter absence of all spirit 
 of proscription, as respects the local State Government, and a desire to 
 secure to all men, regardless of previous position and course — even to 
 those who have been bushwhackers and jayhawkers, — if they sincerely 
 favor the restoration of civil government under the laws of Congress as 
 the supreme law of the, land, the right to participate with us, without 
 restriction or qualification, in all the rights of citizens, — not withholding 
 from them the right of any position in the gift of the State. 
 ( 754 ) 
 
Feb. 14th.] AEKANSAS COE'STITUTIOXAL CONVENTION. [Slat Day. 
 Eemoval of Political Disabilities.— BEOOKS. 
 
 Now, with these facts before us, I think we have done enough. We 
 hope to have the co-operation of all the friends of reconstruction, whether 
 or not they definitely tally with our views in all particulars and details of 
 the Constitution, and of the policy of the Restoration Party of the State. 
 We trust that all those friends of civil government, of peace, harmony, and 
 prosperity for the people of this State, will, on due consideration, find 
 themselves sufficiently reconciled to the circumstances surrounding them, 
 to give us their votes and their infiuence, for the accomplishment of this 
 great work. And we have no hesitation in saying, to the honorable mem- 
 bers of this Convention who differ from us with respect to party political 
 principles, and to all the citizens of the State, of that party, that in these 
 propositions we are sincere and liberal and generous, if you will place 
 yourselves in that position, and have no dispo.sition to persecute or pro- 
 scribe any one on account of matters that are now of the things that were. 
 Having done thus much, we think we have gone far enough in that direc- 
 tion, and we wait for further developments. Let those who are friends of 
 reconstruction patiently co-operate with us for a few weeks more, and let 
 us accomplish, if we may, in this State, this great work, in the ratification 
 of the Constitution. If that be accomplished, in a few weeks from this 
 time the General Assembly will be in session in this City, and, as the rep- 
 resentatives of the loyal people, and as constituting the Legislative Depart- 
 ment of a re-established civil government here, they will be able to speak 
 to the Congress of the United States with an authority, if we may say so, 
 that we cannot now exercise ; and the voice of that General Assembly, so 
 constituted, with the Constitution ratified, and civil government restored, 
 and peace prevailing, would be not only potent, but almost decisive, and 
 we shall then feel prepared to give our infiuence in that direction. Por 
 those of us, here, who may comprise a part of that General Assembly— I 
 can speak for myself, though I do not expect to be there— if I were, I 
 would certainly vote, as I can say for my friends, they will vote to memo- 
 rialize Congress for the removal of the disabilities of all those gentlemen 
 who, during the coming canvass and at the coming election, heartily co- 
 operate with us. They will thus have an opportunity of demonstrating, 
 'in a tangible manner, their devotion to reconstruction; they will have an 
 opportunity not only to speak, and use their infiuence for reconstruction, 
 but to put themselves upon the record. We have done and said much, 
 here in reference to records. I would like to see gentlemen on the record 
 in favor of reconstruction. Then if they "go back upon us," we will 
 simply tip our hats and take the consequences; and if we cannot run the 
 machine, their record to the contrary notwithstanding, we will deserve 
 • defeat, and meet it cheerfully. 
 
 I move you, sir, that the resolution lie upon the table. 
 
 The question was taken; and the motion was agreed to. 
 
 ^ ( 1&S ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday,- 
 
 The Constitution.— GAJSTTT— HODGES of Pulaski. 
 
 THE CONSTITUTION — AGAIN. 
 
 Mr. GANTT. I desire to read, in behalf of myself and other members 
 of the Convention, a very brief paper : 
 
 We, the undersigned, delegates to the Constitutional Convention, do hereby 
 protest against the above and foregoing Constitution, and decline to endorse or 
 sign it ; as the same, in our opinion, is anti-republican, proscriptive, and de- 
 structive of the liberties, rights, and privileges, of this State. 
 
 y Delegates from White County. 
 
 J. N. Cypert, 
 
 Thomas Owen, 
 
 W. W. Adams, Delegate from Izard Cqunty. 
 
 C. W. WaLKEE, ) t^ 1 ^ ^ -irr , . , ^ 
 
 James N. Hoge, j ^«l«g^t^« ^'°^ Washmgton County. 
 George W. Norman, Delegate from Ashley County. 
 W. W. Eetnolds, " Benton " 
 
 J. A. Corbell, « Sevier " 
 
 E. S. Gantt, " Prairie " 
 
 W. F. HiOKS, " Prairie " 
 
 James H. Shoppach, " Saline " 
 
 Joseph Wright, " Carroll " 
 
 BouLDiN DnvALL,. « Lawrencc « 
 
 W. D. Moore, " Ashley " 
 
 John M. Bradley, " Bradley " 
 
 We ask, respectfully, that this, protest may be attached to the Constitu- 
 tion. 
 
 Mr. HODGES, of Pulaski. The gentlemen have explained their vote 
 itself, upon the record. If they do not wish to sign the Constitution, I 
 am opposed to their sending out any protest along with it. I believe in 
 extending every courtesy that the Convention possibly can ; but I believe 
 this will be unprecedented, I never saw or heard of such a thing j and I 
 move that the paper lie upon'the table. 
 
 Mr. GANTT [2'o Mr. Hodges.] One moment, sir :— the floor was taken 
 from me, and I yielded it. I desire to say, for myself and those gentle- 
 men whose names are appended to that protest, that it is due to us, when 
 we decline to sign the Constitution, that our reasons go upon it. It is 
 one of the records of the country. What we ask is due ; it is but re- 
 spectful to us, I think, sir, that we should be permitted to place our pro- 
 test with that instrument. 
 
 Mr. HODGES, of Pulaski. In order that this may proceed, in order, I 
 withdraw my motion, that the gentleman may talk. 
 
 Mr. GANTT. I do not wish to talk, at all, but simply to ask that this 
 justice be done us. 
 (756) 
 
Feb. 14th.] AEKANSAS CONSTITUTIOlSrAL CONVENTIOIT. [31st Day. 
 The Constitution.— BROOKS— GANTT. 
 
 Mr. BROOKS. I regret that there should be any such manifestation of 
 temper. Certainly, honorable gentlemen must acknowledge that they 
 have been treated with respect and courtesy. 
 
 Mr. GAKTT. During the deliberations of this Convention, I have been 
 treated with the utmost courtesy and kindness. I think, however, it is 
 iftikind that now, when we desire to place upon the records of the cOuntry 
 our objections to that Constitution, it should be denied us. Heretofore, the 
 utmost kindness and courtesy has been extended to me. I say that, and 
 take a pleasure in so doing. 
 
 Mr. BROOKS. If the sense of the Convention be clearly ascertained, 
 there will be, I think, no objection to the honorable gentlemen, if they 
 see fit to do so, placing their protest upon the Journal of this Convention. 
 It certainly is their privilege so to do. That, we should concede; that, I 
 am ready, as an individual, cheerfully to concede. That, we admit, is 
 proper and competent ; that, they may properly and legitimately ask, and 
 to deny it would be discourteous and unkind on the part of the majority. 
 But, sir, the idea of attaching to the Constitution, and sending out with 
 the Constitution, publicly, to the people of the State and to the world, a 
 protest, assigning reasons of that kind, for a disapproval of the Constitu- 
 tion — I must suggest, Mr. President, it certainly is a wonderful stretch to 
 suppose that we are under obligations to do anything of that kind ! On 
 the contrary, I have no hesitation in saying that we should be destitute of 
 all sense of self-respect, to permit or consent to such a proceeding, and 
 should show ourselves such a pack of ninnies as to be utterly unworthy 
 the confidence placed in us by the people of Arkansas, and when the ques- 
 tion should be fairly canvassed, could not but be regarded with contempt, 
 by the honorable gentlemen themselves. 
 
 So far from this being a right, as is claimed, it is the uniform practice 
 of dissenting members in a body of this kind, where a constitution has 
 been adopted by the Convention, they voting in the negative,— and, if they 
 choose, setting forth their reasons for their votes, or even formal protest, 
 such as is now before the Convention, all of which reasons or protest may 
 and ought to be spread upon the Journal,— then themselves to sign the 
 constitution. I have never before known of a departure from this rule. 
 And I supposed that, as a matter of course, the honorable gentlemen in 
 the Opposition would feel called upon, in self-respect, and in deference to 
 the official action of this Constitutional Convention, to attest the validity 
 of that action, in the adoption of the Constitution, by attaching their 
 names to the instrument, when adopted. They have struggled against it, 
 they have debated it, they have acquitted themselves creditably, sir; but, 
 as a matter of course, we think we beat them in the argument— we know we 
 did in the votes; we carried the Constitution— we did it ho«orably— we 
 think we did— we certainly tried to. That being done, we hold that they 
 
 ( 151 ) 
 
1868.] DEBATES AND PEOCEEDINGS OF THE [Friday; 
 
 The Constitution.— BROOKS— HOGE— HODGES of Pulaski— GANTT. 
 
 are bound — in courtesy, only, of course — to sign the Constitution, attesting 
 thereby the validity of the official action of this Convention. If they see 
 fit to refuse, that, of course, is for themselves. We do not demand it; we 
 only ekpect they will follow the footsteps of their illustrious predecessors, 
 and do what their friends of the Opposition to Eepublicanism have been 
 accustamed to do, and sign the Constitution, though they have been left 
 out in a hop&less minority: 
 
 I have now before me a case parallel, where the minority were reduced 
 to seven; yet they signed the Constitution. 
 
 Mr. HOGE. How about the Alabama Constitution? 
 
 Mr. BROOKS. I have not seen the signatures to that Constitution. It 
 may be that there is a deeper depth of degradation and treasonable antag- 
 onism to the Government, in these States, than we have ever deemed. It 
 may be that the Opposition, here, out-Herod Herod. We did suppose we 
 had to deal, in the !N"orthwest, with as intense an antagonism as existed 
 anywhere in the United States, — men moulded after the fashion of Au- 
 gustus Csesar Dodge, Hall, and George W. Jones. It may be that we 
 have a deeper type here, and that gentlemen will feel called upon to spit 
 upon the official action of the Convention. But, sir, — and in these remarks 
 I do not allude to the gentleman from Prairie [Mr. Gantt], — let them spit 
 in their own dish, and not in ours ; let them not ask of us anything which 
 we cannot in self-respect permit. 
 
 Mr. HODGES, of Pulaski. If it is asked that this protest accompany 
 the Constitution, I shall renew my motion, that it be laid upon the table. 
 If the gentleman is content to have it spread upon the Journal, I will 
 withhold" my motion, and move the contrary. 
 
 Mr. GANTT. I do not v^ithdraw the request. 
 
 Mr. BEOOKS. I move that the request be rejected. If gentlemen will 
 not concede anything, we will concede nothing. 
 
 Mr. HOGE. My idea is, that the Constitution goes forth to the people, 
 and that every name that is attached to it, endorses it. If so, then after 
 those "loyal" signatures are appended to it, we can put our protest. 
 That sufficiently attests the Constitution. 
 
 Mr. BEOOKS. The honorable gentleman is entirely mistaken, in that 
 respect. The signatures appended to the Constitution are a purely official 
 attestation of the official action of the Convention. It is so regarded by the 
 respectable politicians of the whole nation, so regarded by legal gentle- 
 men. A protest, the embodiment of the sentiments of members opposed 
 to the Constitution, is found in their votes, on the call of the yeas and 
 nays, and in their explanations of those votes ; and if they choose to have 
 their protest spread upon the Journal, they have that right. Their signa- 
 ture to the Constitution is no approval of the Constitution. We do not 
 ask them to sign it. It was merely suggested, incidentally; and I should 
 (758) 
 
Feb. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [Slat Day. 
 The Constitution.— BEOOKS—GANTT— HODGES of Pulaski. 
 
 not have said a word upon the subject, had it not taken the shape it now 
 assumes. I regret that, with our manifest solicitude to treat them with 
 the utmost respect, and our willingness to spread upon the Journal the 
 protest which they offer, gentlemen still appear dissatisfied with our 
 course. 
 
 I wish, however, to apologize — it is the first time, I believe, that I have 
 had occasion to do so, during the proceedings, — and to withdraw my mo- 
 tion to reject. I do not wish myself, or any other honorable member 
 voting with us, to become excited, and to do that which would seem to be 
 even ungenerous. I withdraw the motion. I am willing to vote that the 
 protest be spread upon the Journal; but not that it be appended to the 
 Constitution. 
 
 Mr. G-AIS'TT. I desi/e to say but one word. It is getting too late to 
 indulge in extended debate. It is not my purpose to do so. So far as re- 
 gards our willingness to do what is honorable and correct, we claim to be 
 the judges of what it is necessary for us to do ; and so far as I am immedi- 
 ately concerned, — and I think the other gentlemen who signed that paper 
 will agree with me, — we are entirely satisfied with our action iu the prem- 
 ises, and feel no want of self-respect, in this matter. And I will remark 
 further, that when we presented this respectful protest, the first action 
 taken upon it was the presentation of a motion to lay it upon the table ; 
 and I stand here to-day and defy the gentleman to find, in all the history 
 of deliberative bodies, a solitary instance in which such a body has re-' 
 fused to allow a member to place his protest upon the Journals. I defy 
 the gentleman to find, in all the history of legislation, in the proceedings 
 of a solitary respectable body upon earth, a refusal, to members of that 
 body, of the right to place upon the records, or a motion to lay upon the 
 
 table, or to reject, a protest ! 
 
 ,, Mr. BEOOKS. I ask to make an explanation. I made the motion to 
 reject, after the irritating passes between us, and immediately afterward 
 withdrew it ; and I am ready to move, and these Republican members, I 
 believe, are ready to approve the motion, to spread the protest upon the 
 Journal. And at the end of my remarks, had the gentlemen, when ap- 
 pealed to so to do, withdrawn their proposition to attach the protest to the 
 Constitution, there would not have been a word of objection to its appear- 
 ance in the Journal. 
 
 I repeat, I am ready to move, and I will move, when I am able to get 
 the floor for such a purpose, a substitute for the motion of the gentleman 
 from Pulaski [Mr. Hodges], and shall propose that the protest be spread 
 upon the Journal. 
 
 Mr. HODGES, of Pulaski. I rise to a personal explanation. I have 
 already said that I am willing to withdra^ my motion, and to move that 
 the protest be spread upon the Journal. I now withdraw the motion to 
 
 ( ^59 ) 
 
1868.] DEBATES AND PEOCEEDINGS OP THE [Frida 
 
 Eemoval of Political Disabilities — Expenses of Convention — Final Adjournment. 
 
 ISly the. protest upon the table, and move it be spread upon the Journal,- 
 so that gentlemen may talk about something before the Convention, 
 
 The question was taken on the motion that the protest be spread upo 
 ■the Journal; and the motion was agreed to. 
 
 REMOVAL OF POLITICAL DISABILITIES — AGAIN. 
 
 Mr. SNYDEE offered the following resolution : 
 
 ^Resolved: That five hundred copies of the Eeport of the Committee on M 
 morial for the Eelief of Disabilities, be printed for the use of this Conventioi 
 
 Mr. HODGES, of Pulaski. I rise to a point of order. No report he 
 been submitted. 
 
 The PRESIDENT. Gentlemen can vote for the resolution, if they desin 
 It would be more proper to order the Report. 
 
 Mr. SISTTDER. I will so modify the resolution that the Committee b 
 required to submit the Report. 
 
 Mr. MONTGOMERY. I cannot vote for the printing of an instrumen 
 until I can see it, or hear from it in some way. 
 
 The question was taken ; and the resolution was rejected. 
 
 EXPENSES OF THE CONVENTION — AGAIN. 
 
 The PRESIDENT laid before the Convention the following telegran 
 communicated by Henky Page, Treasurer of the State : 
 
 Hbadqttaktbks, Vicksbukg, Miss. 
 February 13th, 1868. 
 Henry Page, 
 
 State Treasurer. 
 No funds, except as stated in letter of 2d inst., will be allowed, to pay Coi 
 vention expenses. 
 
 John Tyler, 
 A. A. Al Gen. 
 
 FINAL adjournment. 
 
 Mr. HODGES, of Pulaski. I now move that the Convention adjouri 
 subject to the call of the President, in accordance with the resolution her 
 tofore adopted by this Convention. 
 
 ( 160 ) 
 
Feb. 14th.] AEKANSAS CONSTITUTIOlSrAL COlfYBNTIOK [31st Day. 
 Valedictory Kemarks of the President. 
 
 VALEDICTORY REMARKS OE THE PRESIDENT. 
 
 The PRESIDENT. Before putting that motion to the vote, I desire, if 
 the gentleman will temporarily withdraw it, to make a few remarks : 
 
 Gentlemen of the Convention: 
 
 The arduous labors of this Constitutional Convention are being brought 
 to a close. Before adjourning, permit me to express to you my high ap- 
 preciation of the compliment implied in calling me to preside over your 
 deliberations, and to return to you my sincere thanks for the uniform 
 courtesy and kindness extended to me. 
 
 "While I brought to the position neither age nor experience, I have en- 
 deavored to atone for that want, by an earnest and honest effort to deal fairly 
 and impartially with all. That I have committed errors, it is but natural to 
 expect; that I have performed imperfectly the high and responsible duties 
 devolved upon me by your kind partiality, I. am free to confess. I only 
 claim to have acted in the conscientious discharge of my duty, anxious to 
 please all, hoping to offend none. Then, if, in the midst of heated debates, 
 or in the settlement of vexed questions, suddenly thrust upon me, I have, 
 by any unguarded word or act, wounded in the slightest degree the sensi- 
 bilities of any member present, it was as foreign to my purpose as to my 
 nature, and I hope it may be all forgiven and forgotten, ere we separate 
 and go hence. 
 
 "We met here, I honestly believe, each to promote the welfare of our 
 country, as we understood it. "We have exerted ourselves to that end, 
 though in paths quite divergent. But while we have differed, and may 
 still differ, let it not be as enemies, but as friends and brothers, laboring 
 for the common good. In separating, let us strive to remember only that 
 which was pleasant in our intercourse with each other. In advocating our 
 views, as public policy, before the people, strengthened rather than shaken 
 by discussions in these halls, let us do so in charity and mutual forbear- 
 ance, leaving it to the Author of all good to settle the question aright. 
 And I beg of you, each individually, to remember that, wherever your 
 pathway may lie, you will carry with you my most ardent wishes for your 
 health and happiness ; while I pledge you, I will cherish within me none 
 but the most pleasant recollections, of these scenes and this occasion. 
 
 This much personally. But weightier matters claim a passing notice at 
 my hands. "We met here under extraordinary circumstances. A stu- 
 pendous civil war, involving issues, direct and collateral, greater than the 
 world had ever witnessed, had but recently closed. Three millions of 
 slaves were emancipated— their status pressed for solution. The practical 
 relations of our State with the Federal Goverpment had been disturbed. 
 These were to be settled and resumed. The placing of our State Govern- 
 
 ( 761 ) 
 
1868.] DEBATES AND PEOCEEDINGS OE THE [Friday, 
 
 Valedictory Remarks of the President. 
 
 ment in the hands of avowed and undisguised friends of the Govern- 
 ment, in preference to its open enemies or secret foes, was not to be over- 
 looked; and the framing of a State government, republican in form, was 
 imperative. 
 
 It was by the voice of the Federal Government, acting in reference to 
 its own life, that a Convention for these ends was ordered, and by the 
 voice of the people of Arkansas that we have met. You have endeavored 
 to conform your action to the exigencies of the occasion ; and, by patient and 
 earnest endeavors, and an unselfish patriotism, your work has been well, 
 and under the circumstances, speedily, performed. The rest remains for 
 the action of the people. 
 
 The greater portion of the proposed Constitution will be passed over by 
 its opponents, with but slight comment. But that part of it in which the 
 Government reaches out its arms and extends equal political rights to all 
 its citizens, will be the most bitterly declaimed against. 
 
 By a strange kind of sophistry, it will be declared that we favor " legis- 
 lating one class of men better than another" — that we favor "negro 
 supremacy," and the like. And yet in truth, the Constitution proposed 
 by you, speaking for itself, aims to make no man better than another. It 
 requires our Government to give every man the same chance, and no other, 
 that every other man has, in order that each may prosper, and have cause 
 to love his country. Socially, it leaves men just where it finds them— ■ 
 just where society has placed them. Politically, it places all men upon 
 the same broad level — the humble and the great, the poor and the proud. 
 For this we are all called Eadicals. And yet, where upon the globe can 
 a grander epitome of true democracy be found than in these few words : 
 Equality before the law ? The world has struggled and bled for ages to reach 
 it. Armies have perished, and whole peoples been destroyed, in fruitless 
 efforts to achieve it. And yet there is hope left. The throes of succes- 
 sive centuries bring the people nearer to it. In 1776, the Old "World 
 having despaired of its achievement, it was asserted by a handful of de- 
 voted patriots in the New, and its acknowledgment wrung from the bloody 
 and reluctant hands of the haughtiest nation on earth ! It was asserted 
 and conceded, and the world breathed freer. But it has not been allowed' 
 and practised ; and hence, to-day, from afresh baptismal of fire and blood, 
 it pleads anew the sanction of our fathers, and demands to be made, in 
 name and iil substance, the solid and enduring basis of the people's great 
 Republic. To contribute our influence to that end, we have inserted it in 
 the Constitution about to be submitted to our people. It is no new idea. 
 It is but the echo of the voices of our fathers, coming down to us through 
 the stream of years, which, falling unheeded on three generations, arrests 
 only the attention of the fourth, over the graves of its fallen heroes, and 
 the ashes of its solemn desolation. Will it fall again on deaf ears ? Heaven 
 ( 7C2 ) 
 
Feb. 14th.] AEKANSAS CONSTITUTIONAL CONVENTION. [31st t)&j. 
 Pinal Adjournment— ilemoval of Political Dis^ibillties.— MONTGOMERY— HODGBB. 
 
 forbid ! The proposition is so plain and simple, its democracy so pure and 
 just, and itself so full of truth and sublimity, that we need have no fears 
 of its meeting the hearty approval of our loyal and liberty-loving people. 
 
 So we send out this instrument, the result of many days' toil and labor, 
 as the hope of the masses — as the harbinger of peace, of prosperity and 
 happiness ; and send with it our hopes and prayers, that no evil counsels, 
 or appeals to passion or prejudices, will induce its rejection; and in the 
 full confidence, that if ratified, a new era will dawn upon our State — so 
 rich in resources, and yet so neglected — so great in natural wealth, and 
 yet so poor in material progress — so blessed by Providence, and yet so 
 cursed by man ! 
 
 For this consummation, let us pledge ourselves anew, and gird us for 
 tbe final conflict, and the glorious triumph. And for me, I should ask no 
 greater reward while living, than the consciousness of having contributed 
 my humble aid in restoring peace and prosperity to a distracted and dis- 
 pirited people. No prouder epitaph when dead, than that of having de- 
 voted my feeble powers to assist in making practical and effective, the 
 deathless sentiments of the framers of the Declaration of Independence. 
 
 FINAL ADJOURNMENT — AGAIN. 
 
 Mr. SMITH renewed the motion that the Convention now adjourn, sub- 
 ject to the call of the Peesidbnt, in accordance with the resolution before 
 adopted by the Convention. 
 
 The PEESIDENT. The Chair has considered the motion as only tem- 
 porarily withdrawn, and as now before the Convention. 
 
 REMOVAL OP POLITICAL DISABILITIES — AGAIN. 
 
 Mr. MONTGOMERY. I have a motion to offer, which I think very 
 important; and if the gentleman [Mr. Hodges] will withdraw, for just one 
 moment, his motion of adjournment, I will submit it. I do not propose to 
 offer any argument — 
 
 Mr. HODGES, of Pulaski. If the gentleman will send up his motion, 
 the motion for adjournment will be withdrawn, if what he desires to offer 
 is anything of importance. 
 
 Mr. MONTGOMERY. Is it necessary that I should put the motion in 
 
 writing? 
 
 The PRESIDENT. The gentleman may, by consent, state it verbally. 
 
 Mr. MONTGOMERY. I understand that the Committee appointed to 
 draft a memorial to Congress, for the removal of disabilities of such citi- 
 zens as have aided reconstruction, have drawn up that Memorial, and 
 that the names have heen inserted. The Committee was directed to 
 report the Memorial to this Convention. I hope the Convention will not 
 
 ( 763) 
 
1868.] AEKANSAS CONSTITUTIONAL COJSrVBNTIOK [Feb. 14th. 
 Vote of Thanks to the President — Pinal Adjournment. 
 
 adjourn until that Committee shall report. I move, sir, that the Com- 
 mittee be directed to report instanter. 
 Mr. HODGES. I do not withdraw my motion. 
 
 VOTE OF THANKS TO THE PRESIDENT. 
 
 Mr. EEYI^OLDS. I would ask the gentleman [Mr. Hodges] to with- 
 draw his motion, to enable me to present a privileged question — a matter 
 which should have been, but has not been, attended to by the Convention. 
 
 The PEESIDENT. The gentleman may state to what he refers. 
 
 Mr. EEYlsTOLDS. I desire to move that a vote of thanks be tendered 
 to the President and Secretaries of the Convention. 
 
 Mr. HODGES, of Pulaski. I think, sir, the gentlemen of the Conven- 
 tion, on the other side of the hall, have very fully expressed our views 
 upon that subject. You have now our thanks, and the thanks of us all. 
 
 The PEESIDENT. It is so understood by us all. 
 
 final ADJOURNMENT. 
 
 The question was then taken; and, 
 
 Mr. MOJSTTGOMEEY calling for a division, 
 
 Thirty-seven members voted in the affirmative — those voting in the 
 negative not counted. 
 
 Mr. MONTGOMEEY. It is a choking-off game; but we will have to 
 submit. 
 
 The PEESIDENT announced the result, as follows : 
 
 The Ayes have it. 
 
 I now declare this Convention adjourned, subject to the call of the Presi- 
 dent thereof, or, in case of his death, absence, or disability, then.subject 
 to the call of one of the six Vice-Presidents, in accordance with resolu- 
 tions heretofore passed by this Convention. 
 
 And thereupon, at 12, m., of Friday, February 14th, 1868, the Conven- 
 tion adjourned ; to be convoked, in case the Constitution should not be 
 ratified, by the President, or, in the event of his absence, or inability to 
 perform the duties of his office, by one of the Vice-Presidents, in ac- 
 cordance with the provisions of the resolution of the Convention ; but if 
 not so convoked within one year, then to stand adjourned sine die. 
 
 ( 764) 
 
APPENDIX 
 
CONTENTS OF APPENDIX. 
 
 [It has been thought most convenient to arrange the papers in this Appendix in chronologi- 
 cal order.] 
 
 I. 
 
 PAPEES PKEOEDENT IN DATE TO ASSEMBLING OF CONVENTION. 
 
 A. Abstract of returns of preliminary registration. 
 
 B. Abstract of returns of election on the question of holding a convention. 
 
 C. Supplemental paragraphs to Gen. Orders No. 43, Hdqrs. Fourth Military 
 
 District, announcing additional elections of delegates. 
 
 II. 
 
 PAPEES BELONGING- TO THE EEOOEDS OF THE CONVENTION. 
 
 D. Testimony accompanying .Eeport of Committee on Elections, on the eon- 
 
 tested election in Ashley County. 
 
 E. Testimony accompanying Eeport of Select Committee on the Penitentiary. 
 
 III. 
 
 PAPEES SUBSEQUENT IN DATE TO ADJOUENMENT OF CONVENTION, AND 
 PEECEDENT TO ELECTION FOE EATIFICATION OF CONSTITUTION. 
 
 F. Proclamation of the President of the Convention, giving notice of election 
 
 to be held under supervision of Gen. Comm'd'g Fourth Mil. District, for 
 ratification of the Constitution. 
 
 G. Notice, by Board of Commissioners of Election, of election, under provis- 
 
 ions of the Constitution, for the ratification thereof. 
 
 H. General Orders No. 4, Hdqrs. Sub-District of Arkansas, Feb. 14, 1868 
 (election for ratification of Constitution — revision of registration). 
 
 I. General Orders No. 7, Hdqrs. Fourth Military District, Feb. 14, 1868 (an- 
 nouncement of adoption of Constitution — election for ratification. — revis- 
 ion of registration — regulations of election). 
 
 J. Correspondence between Board of Commissioners of Election, and Bvt. Maj. 
 Gen. A. C. Gillem, comm'd'g Fourth Military District (payment of ex- 
 penses of the election provided for by Schedule to Constitution), being : 
 
 ( 767 ) 
 
AEKAlSrSAS COlSrSTITUTIOlfAL CONTENTION, 1868. 
 
 1. Communication from Board, of Commissioners of Election to Bvt. 
 • Maj. Gen. Gillem, Feb. 20, 1868. 
 
 2. Communication from Bvt. Maj. John Tyler, A. A. A. G., by direction 
 
 of Bvt. Maj. Gen. Gillem, to Board of Commissioners of Election, 
 Mar. 2, 1868 (in response), enclosing : 
 
 a. Letter of directions from Hdqrs. Fourth Military District to 
 
 Hon. W. E. Miller, Auditor State of Arkansas (ordering 
 
 issue of warrants for payment of expenses as above, from 
 
 funds appropriated for defraying expenses of Convention.) 
 
 K. Amendatory Reconstruction Act of Congress, of date February 28, 1868. 
 
 IV. 
 
 PAPEES SUBSEQUENT IN DATE TO ELECTION POE EATIFIOATION OF 
 
 OONSTITUTION. 
 
 L. Proclamation of Board of Commissioners of Election, announcing ratifica- 
 tion of Constitution at election held under provisions of the Schedule 
 thereto. 
 M. Abstract of returns of election held under provisions of the Schedule, for 
 
 ratification of Constitution. 
 N. Letter of transmittal, from the President of the Convention, to the Presi- 
 dent of the United States, forwarding (in accordance with provisions of 
 Acts of Congress, and of the Constitution of Arkansas) copy of the Con- 
 stitution of the State of Arkansas, together with Abstract of votes cast 
 at election held, under provisions of the Schedule, for ratification of the 
 Constitution. 
 O. Lists of State officers, Senators, Eepresentatives, and Members of Congress, 
 chosen at the first election held (March 13th, 1868) under the provisions 
 of the Constitution of 1868; President of the Senate, Speaker of the 
 . House of Eepresentatives, and United States Senators elected. 
 P. Proceedings of the General Assembly of the State of Arkansas, upon the 
 ratification of the Fourteenth Article of Amendment to the Constitution 
 of the United States : including : 
 
 1. Proposed Fourteenth Article of Amendment to the Constitution of 
 the United States. 
 Q. Letter from the General of the Army, in answer to resolution of House of 
 Eepresentatives, U. S., transmitting: 
 
 1. Eeport of Bvt. Maj. Gen. Alvan C. Gillem, comm'd'g Fourth Mili- 
 tary District, on election for ratification of the Constitution; in 
 eluding : 
 
 a. Consolidated report of election upon ratification of Consti- 
 tution. 
 E. Note concerning action of Government of the United States, respecting 
 admission of the State to representation in Congress, and inauguration 
 of State Government under the Constitution framed by the Convention. 
 
 (768) 
 
APPENDIX. 
 
 I. 
 
 PAPERS PRECEDENT IN DATE TO ASSEMBLING OF CONVENTION. 
 
 [APPROXIMATE]- 
 
 ABSTRACT OF EETdRNS OF REGISTRATION 
 
 STATE OF ARKANSAS, 
 
 Undee the Act of Congress of Makch 23d, 1867.* 
 
 COUNTIES. 
 
 Registered 
 
 Registered 
 
 TOTAl^ 
 
 COUNTIES, 
 
 Registered 
 
 Registered 
 
 TOTAL. 
 
 
 WHITES. 
 
 COLORED. 
 
 
 
 WHITES. 
 
 COLOREl). 
 
 
 Abe&nsas, . . . 
 
 498 
 
 1030 
 
 1528 
 
 Marion 
 
 
 
 .391 
 
 ASSLBT, . . 
 
 
 706 
 
 608 
 
 1314 
 
 Mississippi, . 
 
 
 292 
 
 'm 
 
 485 
 
 BENTON, . ■ . 
 
 
 
 
 1009 
 
 MONEOE, . . 
 
 
 525 
 
 561 
 
 1076 
 
 Beablbt, 
 
 
 '908 
 
 '368 
 
 1276 
 
 MONTGOMEBY, 
 
 
 492 
 
 26 
 
 518 
 
 ' Oalhoun, . . 
 
 
 422 
 
 184 
 
 606 
 
 ■ Newton, . . 
 
 
 424 
 
 1 
 
 425 
 
 Caeboll, . . 
 
 
 
 767 
 
 767 
 
 Ouachita, 
 
 
 1084 
 
 870 
 
 1954 
 
 Chicot, . . 
 
 
 '268 
 
 894 
 
 1162 
 
 Perey, . . 
 
 
 
 
 318 
 
 Clabk, . . 
 
 
 
 
 3 676 
 
 Phillips, . . 
 
 
 '955 
 
 2681 
 
 36.36 
 
 GOLITMBIA, . 
 
 
 'l313 
 
 "870 
 
 2183 
 
 Pike, . . . 
 
 
 
 
 565 
 
 COSWAY, . . 
 
 
 • 921 
 
 148 
 
 1069 
 
 Poinsett, 
 
 
 'm 
 
 ' '39 
 
 211 
 
 CllAiaH^AI), . 
 
 
 522 
 
 41 
 
 563 
 
 Polk, . . . 
 
 
 394 
 
 1 
 
 395 
 
 CBAWfOBD, . 
 
 
 704 
 
 147 
 
 851 
 
 Pope, . 
 
 
 . . . 
 
 - . . . 
 
 865 
 
 Ceittbhdbn, 
 
 
 245 
 
 505 
 
 750 
 
 Pbairie, . . 
 
 
 
 
 1583 
 
 Cboss, . . . 
 
 
 415 
 
 184 
 
 699 
 
 Pulaski, . . 
 
 
 1494 
 
 2402 
 
 3896 
 
 Ballas, . ■ 
 
 
 668 
 
 337 
 
 1006 
 
 Randolph, . 
 
 
 848 
 
 59 
 
 907 
 
 Desha, . . 
 
 
 231 
 
 692 
 
 823 
 
 St. Feanois, . 
 
 
 664 
 
 464 
 
 1028 
 
 Db^w, .... 
 
 
 1081 
 
 576 
 
 1667 
 
 Saline, . . 
 
 
 712 
 
 42 
 
 754 
 
 Feanklin, . 
 
 
 741 
 
 102 
 
 843 
 
 Scott 
 
 
 •557 
 
 17 
 
 574 
 
 Fulton, . . 
 
 
 
 . 
 
 306 
 
 Seaecy, . . 
 
 
 574 
 
 1 
 
 575 
 
 Gebenb, . . 
 
 
 "921 
 
 5 
 
 926 
 
 Sebastian, . 
 
 
 1011 
 
 196 
 
 1206 
 
 , Hempstead, . 
 
 
 1307 
 
 1195 
 
 2602 
 
 Setiee, . . 
 
 
 567 
 
 260 
 
 827 
 
 Hot Speins, . 
 
 
 
 . . . 
 
 826 
 
 Union, . . . 
 
 
 922 
 
 708 
 
 1630 , 
 
 Inbepensence, 
 
 
 1458 
 
 142 
 
 1600 
 
 Van Buben, . 
 
 
 
 
 898 
 
 IZAED, . ■ . 
 
 
 762 . 
 
 31 
 
 793 
 
 Washington, 
 
 
 1813 
 
 ' '81 
 
 1894 
 
 Jacksox, . . 
 
 
 849 
 
 283 
 
 1132 
 
 White, . . 
 
 
 1278 
 
 156 
 
 1^34 
 
 jEffP-flBSON, . 
 
 
 1048 
 
 2733 
 
 3786t 
 
 Woodruff, . 
 
 
 . . . 
 
 
 1027 
 
 JOENSON, . . 
 
 
 664 
 
 72 
 
 736 
 
 Tell, . . .' 
 
 
 731 
 
 '156 
 
 881 
 
 IiAPATETTE, . 
 
 
 560 
 
 931 
 
 1491 
 753 
 
 
 
 
 
 Laweenoe, . 
 
 
 
 
 
 IiITTiE RiTEE, 
 
 
 "426 
 
 '327 
 
 753 
 
 Total, . . . 
 
 33,047t 
 
 21,969j: 
 
 66,761t 
 
 Madison, . . 
 
 
 . . . 
 
 
 716 
 
 
 
 
 
 * Unofficial. No official copies of these returns could be obtained by repeated application to Head- 
 quarters Fourtli Military District. 
 
 t So in table from which this is copied. , ... , ^ 
 
 t The apparent discrepancy between the sum total of the first two columns, combined, and the last 
 column, results from an omission, on the part of the Registrars of some counties, to specify the number 
 of whiie and colored voters, respectively, registered within the county. 
 
 f The sums total, as given in the table from which this is taken, are as follows: Whites,, 3.3,047 ; 
 Colored 21,207. Total, 65,084. In the absence of official information, there are no means of ascertain- 
 ing th«! source of these errors— whether in the county returns, or in the addition. General Orders No. 
 43, Fourth Military District, series of 1867, however, gives as follows the 
 
 OPPICIAL EBTUEJST: 
 
 Total Eegistered, 66,805. 
 
 49 
 
 ( 769 ) 
 
AEKANSAS CONSTITUTIOISrAL CONVENTION, 1868. 
 
 [APPROXIMATE] 
 
 ABSTRACT OF RETURNS OF ELECTION 
 
 \ 
 ON THE QUESTION OP 
 
 HOLDING A CONTENTION.* 
 
 
 FOE 
 
 AaAINST 
 
 
 FOB 
 
 AGAINST 
 
 COUNTIES. 
 
 OonTention, 
 
 OoEventioRi 
 
 COUNTIES, 
 
 OoBTeBtioa. 
 
 GoBTention. . 
 
 Arkansas, . . . 
 
 927 
 
 109 
 
 Marion, .... 
 
 100 
 
 107 
 
 Ashley, 
 
 
 
 531 
 
 549 
 
 Mississippi, 
 
 
 
 114 
 
 161 
 
 Benton, 
 
 
 
 
 92 
 
 392 
 
 Monroe, . 
 
 
 
 614 
 
 204 
 
 Bradley, 
 
 
 
 
 230 
 
 . 
 
 Montgomery, 
 
 
 
 288 
 
 31 
 
 Calhoun, 
 
 
 
 
 211 
 
 134 
 
 Newton, . 
 
 
 
 177 
 
 3 
 
 Gabboll, 
 
 
 
 
 178 
 
 277 
 
 Ouachita, . 
 
 
 
 817 
 
 651 • 
 
 Chioot, .• 
 
 
 
 
 809 
 
 156 
 
 Perry, . . 
 
 
 
 1141 
 
 34 
 
 Clark, . 
 
 
 
 
 685 
 
 400 
 
 Phillips, . 
 
 
 
 2178 
 
 464 
 
 Columbia, 
 
 
 
 
 970 
 
 594 
 
 Pike, . . 
 
 
 
 195 
 
 77 
 
 Conway, 
 
 
 
 
 200 
 
 • . . 
 
 Poinsett, . 
 
 
 
 65 
 
 60 
 
 Craighead, 
 
 
 
 233 
 
 123 
 
 Polk, . . 
 
 
 
 • 111 
 
 51 
 
 Crawford, 
 
 
 
 370 
 
 233 
 
 Pope, . . 
 
 
 
 433 
 
 91 
 
 Crittenden, 
 
 
 
 
 
 ' Prairie, . 
 
 
 
 467 
 
 533 
 
 Cross, 
 
 
 
 "197 
 
 '168 
 
 Pulaski, . 
 
 
 
 2480 
 
 419 
 
 Dallas, . 
 
 
 
 374 
 
 326 
 
 Randolph, 
 
 
 
 105 
 
 249 
 
 Desha, . . 
 
 
 
 425 
 
 ... * 
 
 St, Francis, 
 
 
 
 393 
 
 150 
 
 Drew, . . 
 
 
 
 694 
 
 386 
 
 Saline, . . 
 
 
 
 142 
 
 261 
 
 Franklin, ' 
 
 
 
 285 
 
 198 
 
 Scott, . . 
 
 
 
 195 
 
 11 
 
 Pulton, 
 
 
 
 73 
 
 17 
 
 Searcy, . 
 
 
 
 336 
 
 20 
 
 Greene, . 
 
 
 
 72 
 
 149 
 
 Sebastian, 
 
 
 
 276 
 
 113 
 
 Hempstead, 
 
 
 
 1188 
 
 827 
 
 Sevieb, 
 
 
 
 331 
 
 196 
 
 Hot Spring, 
 
 
 
 303 
 
 121 
 
 Union, . . 
 
 
 
 102 
 
 
 INDBPENDENO] 
 
 B, 
 
 
 613 
 
 231 
 
 Van Burbn, 
 
 
 
 249 
 
 ' 62 
 
 Izard, . . 
 
 
 
 8 
 
 
 Washington, 
 
 
 
 326 
 
 662 
 
 Jackson, . 
 
 
 
 30 
 
 ■ , . 
 
 White, . . 
 
 
 
 184 
 
 539 
 
 Jefferson. 
 
 
 
 2546 
 
 • • • 
 
 WOODRUFP, 
 
 
 
 
 75 
 
 Johnson, . 
 
 
 
 296 
 
 289 
 
 Yell, . . 
 
 
 
 '344 
 
 111 
 
 Lafayette, 
 Lawrence, 
 
 
 
 896 
 
 289 
 
 
 
 
 
 
 125 
 
 203 
 
 
 
 
 Little Riteb, 
 Madison, . . 
 
 
 241 
 323 
 
 57 
 
 Total, . . , 
 
 27,188t 
 
 ll,942t 
 
 * Unofficial. No official copies of these returns could be obtained by repeated applioation to Head- 
 quarters Fourth Military District. 
 
 t The sums total, as given in the table from which this is copied, are as follows : For Convention) 
 24,979 ; against Convention, 11,293. In the absence of official information, there are no means of ascer. 
 taining the source of error — whether in the county returns, or in the addition. 
 
 General Orders No. 43, Headquarters Fourth Military District, series of 1867, however, gives as 
 follows the / 
 
 OFFICIAL EBTUEN : 
 
 For Convention, 27,576. 
 
 Against Convention, 13,558. 
 
 ( 770 ) 
 
SUPPLEMENTAL PAEAGKAPHS TO GENERAL OEDEE No. 43. 
 
 C. 
 
 SUPPLEMENTAL PAEAGKAPHS 
 
 To General Orders 'No. 43, Headquarters Fourth Military District, 
 
 Series of "1867 (P. 33), 
 
 ■ Announcing Additional Elections of Delegates. 
 
 After the first publication of General Orders No. 43, from Headquarters 
 Fourth Military District, Series of 1867 (which Order, as it appears in this 
 volume, p. 33, is printed from the officially certified copy furnished from 
 Headquarters of the District), the following additional paragraphs, an- 
 nouncing further elections of delegates, were inserted, in subsequent issues. 
 
 " From Independence County — two delegates : 
 " Peter C. Misner, George W. Dale." 
 
 " From Izard County — one delegate : 
 « W. W. Adams." 
 
 " From Jefferson County — four delegates : 
 
 " Samuel W. Mallory, 0. P. Snyder, Jas. M. Gray, Wm. Murphy." 
 
 " From Johnson County — one delegate : 
 " John H. Sarber." 
 
 { m) 
 
AEKANSAS CONSTITUTIOlSrAL CONVENTION, 1868. 
 
 II. 
 PAPERS BELONGING TO THE RECORDS OF THE COMTENTION. 
 
 D. 
 
 [P. 253.] 
 
 TESTIMONY 
 
 ACCOMPANYING KEPOET OP COMMITTEE ON ELECTIONS, 
 
 ' ON THE 
 
 ASHLEY COUJSTTY CONTESTED ELECTION". 
 
 William P. Grove, retained member of the Board of Eegistration, being duly 
 sworn, says: 
 
 Question. Did you hold the election in Ashley County, and if so, in what 
 precincts ? 
 
 Answer. I did; in De Bastrop, November 5, in Extra, November 7, in Egypt, 
 November 9, and in Carter, November 11. 
 
 Q. Who were the candidates for the Convention ? 
 
 A. Harbison and Currie, Eepubliean, and Moore and Norman, Conservative. 
 
 Q. How did the people conduct themselves in your precincts ? 
 
 A. In the first three I heard no complaints. In the last (Carter), colored 
 men were deterred from voting by threats of being thrown out of their homes 
 if they voted the " damned Eadical ticket." 
 
 Q. How many registered voters w6re there in Carter? 
 
 A. Abouli 76 colored and 97 white. 
 
 Q. How many votes were cast in Carter Precinct ? 
 
 A. About 114. 
 
 Q. Please state to the Committee what you know about the election in 
 Carter precinct. 
 
 A. Men came before me, and made affidavit to the fact that they were de. 
 terred from voting by threats. Fifteen colored men in Carter Precinct that 
 were deterred, each making his affidavit to the fact. Two white men were 
 intimidated by threats that .if they attempted to vote, they would be driven 
 away from the polls. All these men said they would have voted for a Conven- 
 tion, and for Harbison and Currie, all being registered voters. The majority 
 against a Convention, was 18. Also, in Carter Precinct, eight colored men 
 voted against a Convention, and for Moore and Norman, which was done under 
 threats that if they volld for a Convention, and for Harbison and Currie, they 
 would not receive any pa>y for what they had done during the year, and would 
 also be driven- from their homes, without anything to eat. They wanted to 
 vote for both the Convention, and for Harbison and Currie. Among the per- 
 sons making these threats are the following : Joseph Bell, Dr. Frank L. Pew, 
 William Lawson, Abner Files. Dr. Files brought a colored man to the polls, 
 ( 772 ) • 
 
TESTIMONY ON ASHLEY COUNTY ELECTION. ' 
 
 nd I asked the man if he was voting as he wanted; the man hesitated, and 
 i'iles said, "Yes; damn it, say yes!" Abner Files, Clerk of the County Court, 
 urned Wesley David (colored) out of his house, for voting the Convention 
 icket. James "Willis also turned a colored man out of his house for voting for 
 , Convention, and Harbison and Currie. Joseph Bell told a white man he 
 lelonged to the Union League, and if he thought he did, he would kill him 
 low. Again, on the morning of election, said Bell went into the store and told 
 he same main if .he went to the polls to vote, he would kill hiin there. I 
 >rdered the Sheriff to arrest said Bell, who had just gone out of the door, 
 rinor, the Sheriff, went Out, and returned in a few minutes, saying he could not 
 ind Bell. Colored men from all parts of the County came in, reporting this state 
 )f facts to exist. » 
 
 William Heppel, one of the Eegistrars in Ashley County, being duly 
 iworn, says he held the election in the precinct of Bearhouse, November 
 )th; Union, November 7th; Portland, November 9th; and Beach Creek, 
 S'ovember 11th. There were quite a number of colored registered voters de- 
 ;erred from voting. The following votes were cast : Beach Creek — 13 for Con- 
 rention, 33 against Convention ; Union— 33 for Convention, 14 against Conven- 
 ;ion ; Portland — 55 for. Convention, 80 against Convention ; Bearhouse — 5 for 
 Convention, 55 against Convention. Statement of Moore : 550, 529—21 for 
 3andidates, 18 against Convention. Fifteen registered' voters in Portland and 
 [Jnion were deterred from voting. United States soldiers fired volleys in escul- 
 ;ation of the victory. Thinks if the people of Ashley County could have had 
 1 fair chance, without any excitement, the County would have gone for a Con- 
 tention by 30 or 40 majority. There were eleven men in Carter and Portland 
 Precincts, that did not vote, who would have voted for Convention, and Harbi- 
 son and Currie, bad it not been for the threats used. 
 
 A. G. Cunningham, agent B. of B. F. and A. L. at Hamburg, being duly 
 3worn, says : 
 
 Abe, a colored man, was assaulted with a bowie-knife, by a man by the name 
 Df Herron, for voting for a Convention. Nine colored men came to me, and 
 stated that they had been driven from their homes, because they had attempted 
 to vote for a Convention— eight of them were registered voters. Parties 
 aotified them, as thev started to the polls, that if they voted for a Convention 
 they would be killed", aU left in the swamp. At least three cases in Carter 
 Precinct came to me and said they did not vote for fear of bodily injury, when, 
 f they had voted, they would have voted for Convention and Harbison and 
 Jurrie. This was upon their oaths, and the next day after the election in 
 [farter Precinct. One man was warned, before he voted, that if he voted he 
 woulA be turned out of his house and be killed. After he voted, they gave 
 lim two hours to leave his house, or he and his family would be burned in it. 
 This threat was made by a mob headed by James Willis, Town Constable, and 
 others I caused the man to leave his house, and camp on the common, near 
 ny office all night, with his family. A white man, doing business in Hamburg, 
 ■old me he would not go across the plaza to vote, for all the debts that were 
 lue him, and his stock of goods, which amounted to $20,000. I heard threats 
 nade, for weeks before the election, that the negroes should not vote in Ashley 
 County ; if they did they would be exterminated. 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 E. 
 
 [P. 481.] 
 
 TESTIMONY 
 
 ACCOMPANYING REPORT OP THE 
 
 SPECIAL COMMITTEE OH" THE PEN"ITEN"TIARY. 
 
 Thomas Lindset. — I am thirty-five years of age ; have been in Arkansas six 
 months — came from New York City; have done nothing since I came here;- 
 I have had plenty of money up to this time ; I have procured a situation in 
 the Quartermaster's Department; I do not know anything about the lease of 
 the Penitentiary ; I have been four days on watch at the Penitentiary for a 
 friend ; I think this was in November. While I was there I saw no improper 
 treatment towards any one, and heard no complaint, and saw no cause for 
 any. I saw one man that said he was sorry that he was in there, and wished 
 he bad never come ; do not recollect his name ; I did not see any punishment 
 inflicted ; have never been in a Penitentiary before, as a guard. One man 
 asked me for a drink of water ; the guard would not let me give it, saying 
 that,'by the prison regulations, one tinful of water must last until dinner-time. 
 Mj» sympathy was not excited by association with the prisoner. I felt sorry 
 for the man that regretted being there ; do not know anything about the rules 
 in the cell building ; do not know the name of the man who stood at the door, 
 and would not let the man have the water. I had no instruction as to man- 
 agement, or order from any one but Galligan ; he told me to have all keep 
 quiet ; there was no distinction between white and black ; the food was good 
 and wholesome ; I think the convicts had sufficient to eat; they had beef and 
 corn bread ; heard no complaints about food, from any one. Commenced work 
 at half-past seven ; stopped for dinner, and qfuit at half-past five. The impres- 
 sion that I formed from the food, labor, and treatment, was favorable. Many 
 of them did not work more than half the time ; were standing around the 
 work-room ; so far as I observed, had sufficient stoves to keep the rooms all 
 warm, and the convicts comfortable ; they had coffee to drink. 
 
 Thomas Lindsey. 
 
 W. E. McPherson. — I am thirty-five years old ; lived in Arkansas since 1860 ; 
 I am a policeman, have been one about two weeks ; was a farmer before. I do 
 not know anything about the Penitentiary now ; worked last spring for Hodges, 
 Peay & Aylifi^, as a guard ; Hodges discharged me ; I think because he could get 
 men cheaper ; I do not think I ever saw any very cruel punishment ; I have seen 
 men whipped for difi'erent ofi'ences ; they were punished for disobedience of rules 
 and regulations of the prison ; I do not recollect of an instance where I thought 
 greater punishment was inflicted, than order and discipline would warrant ; so 
 far as I know, in three months I was there, I saw no discrimination made be- 
 tween white and black convicts ; have seen soldiers whipped ; I do not recol- 
 lect how many ; there were one or two hard cases, who were hard to control ; 
 I never whipped a soldier ; do not think the punishment was too severe ; unless 
 ( t74 ) 
 
TESTIMONY BBPOEE COMMITTEE ON PENITENTIAEY. 
 
 they were punished, it would be impossible to control the pld,ce ; think the 
 soldiers serving, were all under sentence for some kind of crime, that were 
 whipped; during the working hours, the soldiers were under my charge that 
 I saw whipped ; they were reported' and punished, on my report of their con- 
 duct ; Brent and McNeal are their names ; my impression was that Mr. Hodges 
 desired such punishment only as would enforce discipline. I was a guard be- 
 fore Hodges & Co. gbt it ; there was no discipline there then ; the men run loose 
 in the prison, and the state of discipline was such that I think some of those 
 about the prison were afraid to go inside. A short time before Hodges & Co. 
 took the prison, Thomas Chappel had charge, but at the time it came into the 
 possession of Hodges, Peay & Ayliff, it was under the charge of D. H. Wood- 
 ard. Just before the prison went into the hands of Hodges, Peay & Ayliff, 
 Mr. Woodard caused the prisoners to be disarmed of knives, &c., and watches, 
 and their hair cut short ; and I regarded life as being much safer than it was 
 before, when under the management of Chappell. I never punished a convict 
 too severely, since Hodges, Peay & Ayliff took charge ; I do not think I eversaid 
 that convicts were punished too severely ; think the diet was better before, 
 under Mr. George, than under Hodges, Peay & Ayliff; I do not know how it 
 is now ; they could have lived on much less, and got along very well ; aside 
 from the diet, I do not think any just cause of complaint conid be made. Beef, 
 corn-bread, coffee, and sometimes wheat-bread, made up their ration. "Work 
 commenced in the shops about sun-up ; then rested for dinner about a half an 
 hour, and worked until about sun-down ; during the time the convicts were in 
 the shops they were not over-worked. The health of the convicts was good 
 during the time I was employed by Hodges, Peay & Ayliff; none of them died, 
 and all were well cared for in the hospital. I never knew a colored man 
 punished more severely than wliites ; the instrument for punishment used was a 
 leather strap, about three inches wide, fastened on a stick about a foot long. 
 I do not know anything definitely about the colored man who bad his leg 
 broken. I left the Penitentiary the last of May, 1867. 
 
 William E. McPherson. 
 
 James Ard. — I am thirty-seven years old, and a wagon-maker. In 1857, I 
 was convicted on charge of assault with intent to kill, and sent to the Peni- 
 tentiary at Little Eock; was pardoned by the Governor ; commenced work in 
 the wagon-shop in the Penitentiary about the 1st of October, 1867 (as a 
 laborer) ; was there about a month and a half; have seen several prisoners 
 whipped ; saw one whipped for taking a piece of bread ; I saw him take it my- 
 self; he was struck over the head with a walkin^stick by John Woodard ; 
 did not break the stick; another man was accused of stealing; saw Mm ex- 
 amined; they found some meat-skin on his person; he was whipped— was a 
 colored man ; he got at least twenty-five lashes and not more than fifty ; in 
 1857, when I was in the Penitentiary, part of the time I fared better than the 
 prisoners do now, but a part of the time I fared as bad as they do now; all the 
 men I saw whipped were colored ; do not suppose they were whipped more 
 than the whites, only I did not see them whipped; I do not know that colored 
 men were harder to control than white; have seen as many as three whipped 
 in one day, and then I have known as long as a week that no one was whipped; 
 
 (775) 
 
AEKANSAS CQNSTITUTIOlSrAL CONVENTION, 1868. 
 
 have seen persons put their feet upon the head and neck of prisoners when 
 whipping; sometimes it looked like they had plenty of rations, then again it 
 looked a little scant; they had corn bread, beef, beef soup, and coffee. Never 
 saw any one so severely punished that he could not work ; do not think that 
 they made any difference in clothing, food, or treatment of blacks and whites, 
 at least I could see none — the tables looked alike, and about the same. food; 
 Pears was present when one negro was whipped, so was'Hensley, and D. H. 
 Woodard. John Woodard whipped two ; I iieyer whipped anybody ; I re- 
 ported one man because he would not mind me; he was not whipped; was a 
 colored man, but they told him if he did not mind me that they would whip 
 him. Mr. Hodges was at Little Eock about one week after I was employed, 
 and then started North; I was discharged before he returned; was accused of 
 giving a prisoner some whiskey ; never drank to excess during working days; 
 was not drunk within prison limits; have been a convict, sentenced for an 
 assault with intent to kill; sent for five years ; served my time out all but nine 
 days; assaulted "Wm. Steel and Martin Calaway; they assaulted me on the 
 public road; they were the only witnesses against me; they swore I com- 
 menced on them; one of them tried to shoot me; they wanted me to swear a 
 lie, and I would not do it. I think they attacked me to keep me from blowing 
 on them ; they swore falsely. 
 
 J. W. Ard. 
 
 Geo. E; Weeks. — I am forty-two years old, and by, profession, a surgeon; 
 have been engaged in the Penitentiary in manufacturing, under the provisions 
 of the Act of the Legislature of Arkansas, by which the Penitentiary was 
 leased to Hodges, Peay & Aylifif. Had charge of the matter, fully, from Ist ■ 
 of October to 1st of December, 1867. Know J^mes Ard was at work at Peni- 
 tentiary, during the time mentioned, in wood-shop. Discharged him on account 
 of drunkenness and general worthlessness. 
 
 Geo. E. Weeks. 
 
 Sworn and subscribed to before me, an acting and duly commissioned Justice 
 of the Peace, this first day of February, A. D. 1868. 
 
 Clieford Stanley Sims, J. P. 
 
 Ealph Wilson (colored.) — I am thirty-one years old; by occupation, I am a 
 blacksmith ; spent nine months within the past two years, in the Penitentiary 
 at Little Eock ; was convicted for stealing hogs; got out of the Penitentiary 
 on the 8th of January, 1868 — was not pardoned. 
 
 Tour Committee deeming this witness incompetent, refuse to proceed ftirther 
 with the examination. 
 
 Andrew Mathews (colored.) — I am twenty-nin^ years old; by occupation a 
 laborer; was in the Penitentiary a little over eleven months; was sent there 
 for stealing a pig; was sent from Columbia County; have not been pardoned; 
 served my time out, and always obeyed the rules and never got whipped. 
 
 Your Committee, deeming this witness incompetent, refuse to proceed fur- 
 ther with the examination. 
 
 ( VT6 ) 
 
TESTIMONY BEPOEE COMMITTEE ON PENITEISTTIAET. 
 
 Thomas Ohappell. — I am thirty-eight years old; have been a steward, and at 
 present a bar-tender; have been in this State for about seven years; was em- 
 ployed at the Penitentiary as a guard during, the year 1867; I was in charge 
 of the Penitentiary then, for Mr. George, about a month and six days; remained 
 one month as a guard, after Hodges, Peay & Ayliif got the prison. At the time 
 they took possession, there was no discipline; the convicts performed no labor; 
 they run around loose in the prison-yard; they chopped their own wood. 
 After Hodges, Peay & Ayliif took possession, they introduced prison discipline, 
 such as I supposed exists in other penitentiaries; do not think the discipline 
 unreasonable, and if convicts did as was required, would get along very well; 
 have seen from ten to twenty blows with the strap given, but never knew it 
 to disable any one from his ordinary labor; never saw the blood cut from a 
 man; no discrimination, as far as I know, was made — ^white and black were 
 punished alike for disobedience; do not think an institution of that kind could 
 be properly controlled without the lash or some such punishment; do not 
 think the locking up in cells would be such punishment as would produce de- 
 sirable discipline. The ration issued to convicts daring the time I was em- 
 ployed by Hodges, Peay & Ayliff, I think was sufficient, and upon the whole, 
 satisfactory, so far as I know. Tnere were more blacks whipped than whites ; 
 none were punished unless they violated the rules. The blacks seemed to be 
 as easily controlled as the whites. First and second offences were always 
 light; hardly ever punished for the first offence — have known them punished 
 as often as three times, but for different offences. I have known the prisoners 
 to fight, but this was while Mr. George had charge. 
 
 Thomas Ohappell. 
 
 W. P. Atres. — I am eighteen years old ; by occupation a clerk ; am not doing 
 anything now. I have been at the Penitentiary for five months, ending in No- 
 vember last; was employed as a guard. So far as I know, during the time I 
 was there, the convicts were treated well; have seen convicts whipped, but not 
 very severely — no morOj in my opinion, than was necessary to enforce discipline; 
 there was, so. far as I observed, no discrimination on account of color; colored 
 men were not punished harder for the same offence than white persons; order 
 and discipline could not be enforced, unless some kind of punishment was 
 resorted to, and I believe whipping to be the best plan. I think the convicts 
 all got enough to eat. There was a man got sick at the brick-yard, who was 
 dropsical; he commenced hollo-w^ing; young Woodard. tried to make him be 
 still; did not strike him, but sent him in a cart to the Penitentiary; have un- 
 derstood that the man died. 
 
 W. P. Ayres. 
 
 John G. Halliburton.— I reside at Little Eock; am apractising physician ; 
 have been Attending Physician at the State Penitentiary since the 7th of Feb- 
 ruary, 1867, and still occupy said position. My rule is to visit the prison daily, 
 whilst making my professional round-^generally in the morning. When I 
 first went to the prison as physician, I found it in a very dilapidated condition ; 
 the discipline was then in a very chaotic state; as far as I am familiar with 
 the state of such kind of discipline, I think it is very good now. At one time, 
 
 ( 777 ) 
 
AEKANSAS COlSrSTITUTIONAL OONVE]!fTIOIf, 1868. 
 
 when I was crippled, I employed Dr. Hooper to attend to the duties of the 
 prison for ine, for about twenty or thirty days. I think the convicts received 
 plenty of good and wholesome food, and served in good shape. I once remarked 
 to the warden that I really envied the convicts such a good breakfast as they 
 were then enjoying, as I had not had as good a one myself. As a regular 
 practising physician, I think I could tell whether men were stinted, or had 
 sufficient food, and I judge that the convicts had plenty of food, by their looks 
 and appearance. I am permitted to talk with the convicts whenever I desire, 
 and to enter or depart as I wish, and also take my friends with me; I fre- 
 quently take a friend with me to show him the state of the prison, as I feel 
 quite proud of the manner in which it is conducted, and the appearance 
 of the convicts. I don't think, from seeing the state of the prisoners, and 
 my facilities for ascertaining, that there could be any insufficiency of food 
 without my observing, and I have never observed any indications of that. I 
 have never discovered any sign of corporeal punishment sufficient to disable a 
 prisoner; had any one been so abused,! would certainly have discovered it. 
 My opinion of the general health of the convicts is, that it has been very 
 remarkably good. I keep a record of all deaths occurring, with the disease of 
 which they died. I recollect a dropsical case who died, but I do not remember 
 his name — he was a colored man. Dr. Hooper, at the time I was crippled, 
 attended on him ; he told me he was almost a dead man when he came, and 
 explained to me the nature of his disease. Persons afflicted with the disease 
 as badly as he was, are liable to die at any moment, — he had general dropsy, 
 but particularly dropsy of the chest — very suddenly; and he was very bad off 
 when he came, and continued getting worse — I mean that his disease was be- 
 coming worse; and I told Mr. Woodard, the warden, that I thought out-door 
 exercise would be beneficial to the prisoner; he was outside when he was taken 
 30 badly, and was brought to the hospital and placed in my care ; he died in a 
 iay or two afterwards; I should have noticed had he received any bodily injury. 
 [ noticed none— no marks of any injury on his person ; I think the only and 
 3ole cause of his death was dropsy, as before stated. I am familiar with Acts 
 3f the late Legislature under which Hodges, Peay & Ayliff hold their contract; 
 they are fulfilling their contract strictly in accordance with said terms of con- 
 tract, I have examined, from time to time, the work the said firm are per- 
 forming for the State under said contract, and think they are doing work equal, 
 f not superior, to that of any other public or private contract I know of; the 
 work is all first-class. My attention has never been called to the marks of 
 3unishment on any convict. I don't think there has been any distinction made 
 n the treatment of convicts on account of color; I never knew any distinction 
 nade in the last three months. The number of deaths has been about one or 
 iwo ; since about the 20th of October last, there has been but very little sick- 
 less of any kind in the prison. I am acquainted with Mr. Woodard ; his treat- 
 nent of the convicts is as lenient as is consistent with the prison discipline. 
 
 J. Gr. Halliburton. 
 
 John B. Toest, sworn.— I have been in the employ of the Penitentiary since 
 he 3d day of January, 1867. I worked for Alex. George all the time he had 
 ixe charge of it, and continued in the employ of Hodges, Peay & AylifT, after 
 ( 778 ) 
 
TESTIMONY BBFOEE COMMITTEE ON PENITENTIARY. 
 
 they took it in charge, until the 8th of March, 1867; am now at work at the 
 State Penitentiary — commenced on the 2l8t of November last; I am gate- 
 keeper at the entrance ; first time I was employed by Hodges, Peay & Ayliff, 
 I worked in the blacksmith shop ; when I was working for Mr. George 1 was 
 employed as guard; Alex. George did not have charge in person; Mr. Chappell, 
 the warden, was in personal charge of it. I know Thos. Chappell. I also 
 know Mr. McPherson who was employed at the same time by Mr. George. 
 The condition of the prison at the time Chappell was in charge under Mr. 
 George, was bad ; Mr. Chappell complained a great deal of the convicts fight- 
 ing; I also heard the convicts fighting, and saw them fighting with each other. 
 The convicts plotted at one time to make an escape by getting over the wall; 
 they had a ladder, and some of them were on the wall getting over; a colored 
 prisoner came to a guard and signified to him, by signs, for him to go round 
 the walls. When the guard came to where the prisoners had made their 
 escape, they had succeeded in getting over the wall — five or six convicts 
 escaped at that time. The reason why they made their escape was because 
 Mr. Chappell, the warden, through fear, did not exercise such strict guard as 
 was required — he being afraid to go in among the convicts. The convicts 
 were continually fighting, and Mr. Chappell was afraid to go among them. 
 Mr. Chappell remarked frequently that he wished Mr. Woodard was there to 
 take charge of the prisoners, as he could understand how to do it; he wrote 
 Mr. Woddard to come and take charge, as warden, of the Penitentiary. The 
 evening after the escape mentioned, the colored man who informed the guard, 
 was struck over the neck, and almost killed, by a convict — he was struck 
 with a hand-saw; the convict, I think, was a soldier — he was a very desperate 
 man. < The colored man was also a convict. The same day Mr. "Woodard took 
 charge, the convicts had a fight; one of them came down to the gate and noti- 
 fied the keeper, and Mr. Woodard went in and stopped the fight — never had 
 any fighting since Mr. Woodard came. The prisoners were not safe before 
 Mr. Woodard came — the white convicts always abused the colored ones — since 
 Mr. Woodard has forbidden the guards, and other employes, to strike any 
 prisoner, there is no distinction made on account of color. I see no difference 
 in the quantity of food now and in Mr. George's time— they have plenty of 
 rations. I have never heard prisoners complain of a scarcity of food, but have 
 
 heard them say they had plenty. 
 
 John B. Yoest. 
 
 David Hill (colored.)— I am twenty-eight years old; have been employed at 
 the Penitentiary about one year; attend to such things as Captain Hodges 
 may direct. I am in the prison more or less every day ; get all the water for 
 drinking and cooking purposes inside the prison walls ; am usually there before 
 any of the convicts get breakfast; have often been there during meals; have 
 seen what the convicts had to eat— told a prisoner to bring me bis ration of 
 bread ; he did so ; it was about the usual size given for one meal ; it weighed 
 precisely one pound and a quarter ; it was corn bread. I asked him if he got 
 that three times a day; he said he did, and meat in proportion. I think that 
 they got in the neighborhood of five pounds of food per day. Prisoners who 
 attend at the stables, have often given me their surplus rations, saying that 
 
 ( 779 ) 
 
AEKANSAS CONSTITUTIOlSrAL COliTyBlSrTION, 1868. 
 
 they had more than they wanted. I have been there at all houi-s in the day; 
 the keeper lets me out and in whenever I want ; never saw any one whipped, 
 and have tried to see some of them, but never did. I have looked to see if 
 there! was any difference in the treatment of black and white people, but never 
 conld see any; at the tables. I never could see any difference in the food, every 
 one fared alike; think the rai.ion suflicient — do not think I could eat all of it. 
 The food is cooked as well as my wife cooks it; beef, bacon, coffee, corn bread, 
 soup, molasses, constitute rations, and sometimes biscuit; have often taken milk 
 from Captain Hodges' house and given it to sick prisoners, which they have told 
 me saved their lives. Think Mr. Woodard is a good and humane man; has 
 always appeared kind ; have known men to come to him and complain of being 
 sick, and he told them to go to their cells; never knew or heard of any per- 
 sons being punished so that they were disabled from labor; think I would have 
 known of it if any such thing had occurred ; talk with from fifteen to twenty 
 of them every day. I know James Ard ; he worked in the wagon-shop at the 
 Penitentiary; he was in the habit of getting drunk in the prison; have seen 
 him so drunk he could hardly steady himself; was quarrelsome and disposed 
 to flght when drunk; would have had a fight one day if it had not been for 
 D. H. "Woodard — was going to kill an old colored woman ; she was a convict ; 
 swore he would knock her other eye out; that no d — d nigger should live and 
 order his children ; came to the prison on a Monday morning drunk, and the 
 gate-keeper was instructed to keep Ard out; I saw a convict in Arcfs house," 
 Ard gave him a bottle and said : " Drink, by God, I paid for it ; help yourself;" 
 the man's breath smelled of whiskey; I asked him to keep still in my house; 
 before be (the prisoner) went away, he showed signs of intoxication — was loud 
 and boisterous in his conversation. Ard said to me that Woodard found fault 
 with him because he, Ard, would not respect and treat black prisoners as well 
 as white ; that he was a Southern man, and by God he intended to be one. I 
 was a commissary sergeant in the 113th U'. S. C. I. 
 
 David Hill. 
 
 W. T. McCuLLOTFQH. — I am twenty-three years of age ; by occupation a 
 laborer; have been driving a team and carriage for the past twelve months; 
 was employed in the Penitentiary about eleven days, as a guard; was in the 
 shoe-shop ; so far as I know, work commenced about five o'clock and worked 
 until eight, and went to breakfast, and then worked until two o'clock, p.m., quit 
 about sundown ; saw the convicts put safely in their cells ; took their suppers 
 with them ; all found disobeying orders were punished by whipping, when the 
 off'ence deserved it; think they had plenty of food; it was well cooked; had 
 opportunity to see the things of which I speak; had charge of the large gang 
 then in the prison ; the beds were clean and comfortable, and sufficient cover ; 
 clothing of convicts was sufficiently warm for the weather; were well' clothed; 
 the rules were always read, so that they might be known ; when they were 
 intentionally violated, they were punished; the rules were read to each man 
 when he entered; so far as I could see, there was no distiuction on account of 
 color; I never made any distinction, no matter who it was that violated 
 the rules; ordinarily, he was punished; have seen persons whipped; three 
 or four, I think ; none of them were thereby disabled from their ordinary 
 { 780' ) 
 
TESTIMONY BEFOEB COMMITTEE ON PBNITENTIAEY. 
 
 work. I think putting in a strait jacket, tying up and reducing the allowance 
 of food, and confinement in cells, would be a better punishment; would allow 
 sufficient food to sustain life until such time as he rep%nted. Never knew any 
 one punished for not performing sufScient work ; have never been employed as 
 a guard in other prisons, and have no experience in their management; if I 
 was confined, I would prefer the treatments I have enumerated ; dislike whip- 
 ping. I am no judge of these things, but merely state what I think would be 
 
 best. 
 
 Wm. T. McCullough. 
 
 A. L, E. Nash, sworn. — Am thirty-eight years old ; I have been engaged as 
 foreman in shoe-shops in different Penitentiaries, and other similar institutions; 
 in Monroe County Penitentiary, New York, which is a branch of the New 
 York State Penitentiary, Western House of Kefuge, in Eochester, New York 
 during that time, I was in the employ of Churchill & Co., manufacturers of 
 boots and shoes; am familiar with the mode of punishment in the said insti- 
 tutions ; the various methods used are " bucking," " spreading and whipping 
 with the cat ;" have seen prisoners whipped until their backs looked like a 
 piece of beefsteak ; also, putting prisoners into a cistern, where they must 
 pump or drown. I am familiar with the system and practice of punishment 
 as practised at this place ; have never seen a drop of blood drawn from a 
 prisoner by whipping; the punishment of convicts at this prison is much lighter 
 than at any of the places I have been ; discipline is better here, I think. Am 
 acquainted with Mr. Woodard ; he is a humane man in the treatment of pris- 
 oners; treats them kinder than I would ; know that he is more careful in the 
 shops with the blacks ; if anything, more than the whites ; saying that they 
 were less accustomed to strict discipline than whites, and less knowledge about 
 learning to labor in the shops; that none must be impatient, but treat all kindly; 
 have known him to reprimand guards for attempting to make distinctions 
 among prisoners ; know that James Ard was reprimanded twice by Mr. Wood- 
 ard for attempting to abuse, and discriminating against persons of color; one 
 was called Martha ; said she had one eye, and he would knock the other out ; 
 was very mad, and would have done so, I think, if Mr. Woodard and wife had 
 not interfered. Know, from visiting the dining-room after dinner, that a ma- 
 jority of the convicts left large quantities on their plates ; have much more to 
 eat than I have, and just as good, and I board outside the prison. Have all 
 been well clothed ; think they have been well shod, and if anything, extrava- 
 gantly. Health has been good ; is mu.ch better than I have seen in other prisons. 
 
 A. L. E. Nash. 
 
 D. H. Woodard.— I am thirty-five years old ; have been in charge of the 
 Penitentiary since last January, as a warden ; Alex. George had charge before 
 it came to the possession of Hodges, Peay & Ayliff; everything was m miser- 
 able condition ; in fact, nothing but the nal^d walls ; prisoners poorly clothed, 
 no discipline; prisoners conducting themselves very badly; fighting, disabling 
 one another, and some escaping. When I came here, they were having a free 
 fight in the wood-house; they had a ring formed; Mr. Chappell and McPher- 
 ' son seemed to be in charge, and were informed by Mr. George that they were 
 
 ( Y81 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 afraid to go in and stop the rioting and unruly conduct. Mr. George took me 
 in his buggy and brought me up here ; when I got authority from the Governor 
 to do so, I commenced ajid restored something like the discipline that existed 
 before the war, and should exist in all prisons. The mode of punishment is as 
 follows : 1st. Eeprimanded. 2d. Taking away of tobacco. 3d. Locking up in 
 cell and reducing ration. 4th. Whipping. Never had a man struck more than ' 
 fifteen lashes ; do not think that the use of a lash, or some other severity, could, 
 with safety, be abolished ; it would endanger the lives of all who come here, 
 if strict discipline was not enforced. My instructions are, to treat all prisoners 
 kindly, and with civility; never to punish, only when good order and discipline 
 could not be obtained otherwise ; but to keep discipline at all hazards; to give 
 sufficient rations to all, but not to cook and have it wasted ; have never tried 
 to cook less, nor have I been so instructed, but on the contrary, Mr. Hodges 
 has always told me to see that all had a plenty. They get three meals per 
 day, and at each meal about one pound and a quarter of bread, about one pound 
 four ounces of meat per day ; some days more. In addition to this, they get 
 soup, coffee, beans, or potatoes, molasses, mush, and now and then wheat bread 
 Know James Ard ; worked in the wood-shop about six weeks ; think he com- 
 menced October, 1867, and when he states that I ever struck a man more than 
 fifteen lashes, he swears falsely; .he never saw but one prisoner whipped; he 
 never saw me put my foot upon the neck of any prisoner; in all the punish- 
 ment I have inflicted, none were disabled from work. 
 
 There is no distinction on account of color — ^I would not tolerate it ; had to 
 reprimand James Ard for. attempting to treat colored worse than white; had 
 to stop him one night to keep him from killing a negro woman; her name was 
 Martha ; had one eye ; said he intended to knock the skull down into the other 
 eye, and threatened to abuse her otherwise ; was drunk here on week-days; 
 gave some of the prisoners liquor ; gave to Jones, a convict, to such an extent 
 that the prisoner was intoxicated. I asked that Ard be discharged for drunken- 
 ness, giving liquor to convicts, and for improperly treating convicts; and, for 
 these reasons, he was discharged ; do not see that colored persons are harder to 
 control than white; there is not much difference; there are only three black 
 men that I have any trouble with; often let prisoners go out without guard; 
 never had any such run away. 
 
 D. H. WOODABD. 
 [COPY.] 
 
 HBADQUAETBES POST -OF LITTLE EOCK, 
 
 Little Eock, Abkansas, Nov. 26, 1867. 
 Maj. O. D. Gbeene, 
 
 Assistant Adjutant General Fourth Military District, Holly Springs, Miss. ; 
 Sir: Agreeably to Special Orders No. 144, current series, from Headquarters 
 Fourth Military District, I have the honor to submit my Inspection Eeport of 
 the Military Prison at Little Eock|»Ark., for the month of November, 1867 : 
 
 I visited the prison on the 24th instant, and found that the contract between 
 
 the Lessee thereof, and the United States, is fully complied with; that the 
 
 health of the prisoners is properly attended to; that the food is of proper 
 
 quality, and sufficient in quantity ; and that all other points of prison economy 
 
 ( 782 ) 
 
TJiHTiMUJNY JiEJb'OKE (JUJVLMiTTJiJi; UJN rJKJNiTEJNTlAJtiY. 
 
 and police have been observed, as far as present condition of the establishment 
 will permit. 
 
 The Lessee, Mr. J. L.-Hodges, is a just and humane man. The rules and 
 
 regulations governing the prison ar« similar to what long experience has 
 
 proved best in the oldest establishments in the country; and, during the past 
 
 •two months, scarcely an instance of punishment has been necessary to enforce 
 
 obedience to these rules. 
 
 Improvements are being made in every branch, which will materially im- 
 prove the condition of the buildings, and contribute much to the comfort of 
 the prisoners. 
 
 I would respectfully ask attention to the fact, that prisoners are frequently 
 sent to this prison without any order whatever accompanying them; and, in 
 many cases, no descriptive list and account of clothing. 
 All of which is respectfully submitted. 
 
 I am, sir, your obedient servant, 
 (Signed) Eichaed Arnold, 
 
 Captain 5th Artillery, Brev't Maj. Gen. U. S. A., Commanding Post, 
 
 and Supervising Inspector Military Prison. 
 
 [official COPT.] 
 
 HEADQUAETEES FOUETH MILITAEY DISTEICT, 
 
 Holly Spkings, Mississippi, Dec. 3, 1867. 
 
 Eespectfully furnished Mr. J. L. Hodges, Lessee of the Military Prison at 
 Little Eock, Arkansas, for his information. 
 
 By command of Brevet Major General Ord. 
 
 (Signed) O. D. Greene, 
 
 Assistant Adjutant General. 
 
 Number of prisoners on hand, received, and deceased, since 7th February, 
 1867, at the Arkansas State Prison : 
 
 Confined. Died. Total. 
 
 State convicts, 116 8 124 
 
 United States convicts 70 6 76 
 
 Confined by sundry authorities for trial, 
 
 25 2 27 
 
 211 16 227 
 
 A correct abstract of the Prison Eegister. 
 
 John MoClure, 
 
 Chairman. 
 
 ( 783 ) 
 
AEKAlfSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 III. 
 
 PAPERS STJBSEaiTENT IN DATE TO ADJOTJRNMENT OF CONVENTION, 
 AND PRECEDENT TO ELECTION FOR RATIFICATION. 
 
 NOTICE. 
 
 In pursuance of the requirements of the Act of Congress, entitled " An 
 Act for the more efficient government of the Eebel States," and the 
 Acts supplemental thereto, and in accordance with an Ordinance of 
 this Convention, 
 
 Notice is hereby given : That the Constitution framed and adopted by 
 this Convention, for the State of Arkansas, will be submitted for ratifica- 
 tion to the persons registered as voters in said State, under the provisions 
 of said Act of Congress, at an election which will commence to be holden 
 in the several counties, in said State, on the 13th day of March, 1868 ; 
 said election to be conducted by officers or persons appointed by the Com- 
 manding General of this, the Fourth Military District. 
 Dated at Little Eock, this 11th day of February, 1868. 
 
 Thos. M. Bowbn, 
 President Constitutional Convention. 
 
 J. G. Price, 
 
 Secretary. 
 
 G. 
 
 ELECTION NOTICE. 
 
 Take notice, that on the 13th day of March, A.D. 1868, an election will 
 commence to be holden in the various counties in the State of Arkansas, 
 under, and in pursuance of, the provisions of the. Constitution for said 
 State, framed and adopted by the Convention which assembled at Little 
 Eock, on the 7th day of January, 1868 ; at which election said Constitu- 
 tion will be submitted, for ratification, to the persons who are legal voters 
 under said Constitution. And persons to fill the following offices will be 
 voted for, viz. : Governor, Lieutenant-Governor, four Judges of the Su- 
 preme Court, Auditor, Secretary of State, State Treasurer, Superintendent 
 ( 784 ) • 
 
OEDEES OP SUB-DISTEICT COMMANDEE. 
 
 of Public Instruction, Attorney-General, Members of Congress, State Sen- 
 ator, Eepresentatives, and all County Officers. 
 
 Dated at Little Rock, this 11th day of February, A.D., 1868. 
 
 Jambs L. HoDaEs, 
 Joseph Brooks, 
 Thomas M. Bowen, 
 
 State Board of Commissioners of Election. 
 
 H. 
 
 HEADQUAETBES SUB-DISTEICT OP AEKANSAS, 
 
 liiTTLB KocK, Ark., Feb. 14, 1868. 
 General Orders "1 
 
 No. 4. / 
 
 I. Pursuant to the order of the Constitutional Convention, acting by 
 virtue of Supplementary Reconstruction Act of Congress, passed March 
 23d, 1867, and telegraphic authority from Headquarters Fourth Military 
 District, dated Vicksburg, Miss., February 13th, 1868, an election will be 
 held in the State of Arkansas, commencing March 13, 1868, for the rati- 
 fication of the Constitution submitted by Constitutional Convention. 
 
 The precincts of each county will be divided, and Commissioners of 
 Election organized by the appointment of three Judges and three Clerks 
 of Election, in the same manner as was done for the election of delegates 
 to the Constitutional Convention. 
 
 U. Fourteen days prior to the election (February 28, 1868), the regis- 
 tration precinct books will be opened at the County-seat, and kept open 
 five successive days, for the revision of the registration, in accordance with 
 Section Seventh (7th) of Supplementary Reconstruction Act of Congress, 
 passed July 19, 1867. 
 
 in. Boards of Registrars will obtain the precinct books from the County 
 Clerk, with whom they were deposited. 
 
 IV". When not otherwise directed. Boards of Registrars will be gov- 
 erned by the provisions of General Orders ISo. 31, dated Headquarters 
 Fourth Military District, Vicksburg, Miss., September 26, 1867, for elec- 
 tion of delegates to the Constitutional Convention, extracts of which are 
 
 herein published for their information : 
 
 ********* 
 
 " In order to secure as nearly as possible a full expression of the voice 
 of the people, the election will be held at each precinct of every county 
 of the State in the District, and, as required by law, under the supervision 
 of -the County Boards of Registration. The method of conducting the 
 election in each county will be as follows : Immediately upon receipt of 
 this order. Boards of Registrars will meet, divide the whole number of 
 
 50 { 785 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 election precincts, of their respective counties, into three portions, as 
 nearly equal in number as possible, and assign one of the shares thus 
 made to each Registrar, who will be responsible for the proper conduct of 
 the election therein ; whereupon each Registrar will appoint a Judge and 
 Clerk of Election, who, with himself, will constitute the 'Commissioners 
 of Election ' for all the precincts of his district. 
 
 " Commencing fourteen (14) days before the election, Boards of Regis- 
 trars will, after having given reasonable public notice of the time and 
 place thereof, revise for a period of five (5) days the registration lists, and 
 upon being satisfied that any person not entitled thereto has been regis- 
 tered, will strike the name of such person from the list, and such person 
 shall not be allowed to vote. The Boards will also, during the same pe- 
 riod, add to the registry the names of all persons who at that time possess 
 the qualifications required by law, and who have not been already regis- 
 tered. 
 
 " All changes made in the lists of registered voters will be immediately 
 reported to these Headquarters." 
 
 By Command of Brevet Brig. Gen'l C. H. Smith. 
 
 Samuel M. Mills, 
 
 1st Lt. and Adj't 28th Infantry, A. A. A. Ct. 
 
 SEADQUAETBES POUETH MILITAET DISTEICT, 
 
 (Mississippi and Arkansas) , 
 
 ViCKSBtTRQ, Mississippi, Bebruary 14th, 1868. 
 €rENERAL OrDERS "| 
 
 No. 7. j 
 
 I. The Arkansas Constitutional Convention, convened at Little Rock, 
 Arkansas,, pursuant to General Orders N"o. 37, series of 1867, from these 
 Headquarters, having framed a Constitution and civil government in com- 
 pliance with the laws of the United States, known as the " Reconstruction 
 Acts," and having provided for the submitting of said Constitution to the 
 registered voters, at an election to be ordered by the General Commanding 
 the District, said election is by authority of the above stated laws, and in 
 accordance with the provisions of the Constitution, hereby ordered to be 
 held in Arkansas, beginning the 15th [13th*] day of March, 1868, and 
 continuing until completed ; at which election the registered voters may 
 vote for or against the ratification of the Constitution herein mentioned. 
 
 *^Corrected in official copies furnished from Headquarters Sub-District of Arkansas. 
 ( 186 ) 
 
OEDBES OF DISTEICT COMMANDEE. 
 
 II. Commencing fourteen days before the election, Boards of Registrars 
 will, at the County-seat, or the most accessible place, after having given 
 reasonable public notice of the time and place thereof, revise, for a period 
 of five days, the registration lists, and, upon being satisfied that any per- 
 son not entitled thereto has-been registered, will strike the name of such 
 person from the list, and such person- shall not be allowed to vote. The 
 Boards will also, during the same period, add to the registry the names of 
 all persons, who at that time possess the qualifications required by law, 
 and who have not been already registered. All changes made in the list 
 of registered voters will be immediately reported to these Headquarters. 
 
 m. In order to secure as nearly as possible, a full expression of the 
 voice of the people, the election will be held at each precinct of every 
 county of the State of Arkansas, and — as required by law — under the 
 supervision of the County Boards of registration. The method of con- 
 ducting the election in each county will be as follows : At the meeting pro- 
 vided in the foregoing paragraph, each Board of Registrars will divide the 
 whole number of election precincts of their respective counties into three 
 portions as nearly equal in number as possible, and assign one of the shares 
 thus made to each registrar, who will be responsible for the proper con- 
 duct of the election thererein. Thereupon each registrar will appoint a 
 judge and clerk of election, who, with himself, will constitute the " Com- 
 missioners of Election," for all the precincts of his district. Each regis- 
 trar will provide himself with a ballot-box, with lock and key, and of suffi- 
 cient size to contain the votes of all the registered voters in the largest 
 precinct. Each registrar will give full and timely notice throughout his 
 district, of the day of election in each precinct, so that he, with his judge 
 and clerk, can proceed from precinct to precinct of his district, and hold 
 election on consecutive days — when the distance .between precincts will 
 permit-^with a view to the early completion of the voting. The election 
 will be by ballot, and will be conducted in all details, npt herein prescribed, 
 according to the customs heretofore in use in the respective States. Each 
 ballot will have written or printed upon it: "Constitution" or "Against 
 a Constitution." Each voter, in offering his ballot must exhibit his certifi- 
 cate of registry, across the face of which the clerk of election will write 
 his name in red ink, to indicate that a vote has been cast upon that certifi- 
 cate — at the same time the registrar will check off the voter's name on the 
 precinct book, serving as the " poll-book." The polls will be opened by 
 9 o'clock, A.M., at each precinct, and will be kept continuously open until 
 sunset, at which time the polls will be closed, the ballot-box opened, votes 
 
 . counted by the Commissioners, and a written return thereof, under oath 
 of the Commissioners, immediately made to these Headquarters, in dupli- 
 cate. The votes cast will then be securely enclosed and forwarded by mai 1 
 
 * to the Acting Assistant Adjutant General at these Headquarters, with a 
 letter of transmittal, setting forth the number of votes cast for and the 
 
 ( 787 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 number against a constitution, which letter will be witnessed by the deputy 
 sheriff present in accordance with the requirements of paragraph Y of this 
 order. 
 
 IV. Judges and clerks of election will be s'elected by registrars, prefer- 
 ably from among the residents of their respective districts, but if they 
 cannot be obtained therein, competent and qualified under the law, then 
 from among the residents of the county, and if not attainable in the county, 
 then from the State at large ; they are required to take and subscribe to 
 the oath of office, prescribed by the Act of Congre,ss of July 2d, 1862, 
 which oath may be administered by the registi'ar. The oaths, properly 
 subscribed, will be forwarded immediately, for file in the office of the Act- 
 ing Assistant Adjutant General at these Headquarters. 
 
 The pay of these officers will be six dollars (6) per diem, for each day 
 they are actually employed on their legitimate duties, and their actual ex- 
 penses of transportation within their district will be reimbursed. 
 
 V. The sheriff of each county is made responsible for the preservation 
 of good order, and the perfect fi-eedom of the ballot at the various elec- 
 tion precincts in his county. To this end he will appoint a deputy — who 
 shall be duly qualified under the laws of his State — for each precinct in 
 the county, who will be required to be present at the place of voting 
 during the whole time the election is being held. The said deputies will 
 promptly and fully obey every demand, made upon their official services, 
 in preserving the peace and good order, by the Commissioners of Election. 
 Sheriffs, in making their appointments, will exercise great care to select 
 men whom they know to be in every way able to serve. Deputies ap- 
 pointed in accordance with the foregoing will be paid five dollars for the 
 day's service, on accounts approved by the registrar, out of the reconstruc- 
 tion fund. 
 
 VI. As an additional measure for securing the purity of the election, 
 each registrar, judge and clerk, is hereby clothed with all the functions of 
 a deputy sheriff" or constable, and is empowered to make arrests, and 
 authorized to perform all duties appertaining to such officers under the 
 laws of the State, during the days of election. 
 
 Vn. At every precinct on the days of election, all public bar-rooms, 
 saloons, or other places at which intoxicating or malt liquor is sold at 
 retail, will be closed. Should any infraction of this respect, come to the 
 knowledge of the Commissioners of Election, or the deputy sheriff in at- 
 tendance, they will immediately cause the arrest of the offending party, 
 or parties, and the closing of his, or their, place of business. All parties ^ 
 so arrested will be placed under bonds, of not less than one hundred dol- ' 
 lars ($100), to appear for trial when required by proper authority, or in 
 ( 788 ) 
 
COEEESPONDENCB OF COMMISSIONBES OF BLECTIOK 
 
 case of failure to give the required bond, will be held in arrest to await the 
 action of the General Commanding. 
 
 VIII. Should violence or fraud be perpetrated at the election in any 
 precinct, the General Commanding will exercise to the fullest extent the 
 powers vested in him, for the purpose of allowing to all registered electors 
 an opportunity to vote freely and fearlessly. 
 
 IX. No registrar, judge, or clerk, will be permitted to become a candi- 
 date for office at the election for which he serves as Commissioner.* 
 
 X. Such further orders as may be deemed necessary by the General 
 Commanding, upon the subject of elections for State or other officers, as 
 may have been provided for by the Convention, .will, when the Constitu- 
 tion, or Ordinances of the Convention relating to the subject, shall have 
 been received, be issued. 
 
 By command of Brevet Major-General Alvan C. Gillem : 
 
 John Tyler, 
 
 1st Lieut. 43d Inf., Bvt. Maj. U. S. A., 
 Acting Assistant Adjutant General. 
 
 COERESPONDElSrCE 
 
 Between Board of Commissioners of Election, and Bvt. Maj. Gen. 
 Gillem, Comm'd'g Fourth Military District. 
 
 Office Board of Commissioners of Election, 
 Little Eock, Are., Feb. 20, 1868. 
 Bvt. Maj. Gen. A. 0. Gillem, 
 
 Comm'd'g Tourth Military District, Vicksburg, Miss. 
 
 General: The President of the Convention, and other parties, having tele- 
 graphed you, from time to time, upon matters of expense incurred by reason of 
 the late Constitutional Convention, and the'provisions adopted by it for sub- 
 mitting the Constitution to the people for ratification; also for the election of 
 officers,,th.ereunder, to form a civil government; we, the undersigned Board of 
 Commissioners of Election, appointed under provisions of Section Four of the 
 Schedule to the Constitution, desire to submit the following for your consider- 
 ation, viz. : 
 
 * To the official copies of this Order, furnished from Hdqrs. Sub-District of Arkansas, was 
 appended the following note : 
 
 The election of officers being held at separate polls, Par. IX has no application. 
 
 ( 789 ) 
 
AEKAlSrSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 The Act entitled "An act to provide for the more eflScient government of 
 the Eebel States," passed March 2d, 1867, and acts supplementary thereto, pro- 
 vide for a Constitutional Convention to be held under certain circumstances 
 therein set forth. 
 
 Such Convention has assembled, passed a Constitution, and provided for the 
 election of oflScers thereunder, and to form a civil government in accordance 
 with the provisions of said acts. 
 
 The above acts direct that the Convention shall provide for the submission 
 of the Constitution to the people, at a poll, to be held under military direction 
 and authority. (See Sec. 4, Supplementary Act.) This has been done. (See Or- 
 dinance to the Constitution entitled "An Ordinance to provide for an election 
 by the voters registered, in this State, under an act entitled ' An Act to provide 
 for the more efficient government of the Eebel States,' passed March 2d, 1867, 
 and the acts supplementafy thereto.") 
 
 Such Eeconstruction Acts also contemplate that the General Assembly (Leg- 
 islature), under the provisions of the Constitution adopted by said Convention, 
 shall adopt the Amendment to the Constitution proposed by the Thirty- Ninth 
 Congress, and known as Article XIV. (See Sec. 5, of said Act.) This being 
 the case, it must have been intended, at least, that members of the General 
 Assembly should be elected under the new Constitution, and, by necessary im- 
 plication, other officers of State must be elected, should the Constitution be 
 ratified by the people to establish a civil government loyal to the United States. 
 Hence, if the above be true, there must be an election held for the selection of 
 such officers. 
 
 The details of such an election are not provided for in said Acts, and there- 
 fore must be provided for by the Convention. 
 
 Indeed, we are unable to see by what stretch of authority the Convention 
 could have provided that said election for officers should be hel4 under the 
 direction and authority of the military, there being no provisions for receiving 
 such votes, or counting them at said polls, or for anybody to issue certificates 
 of election to such of them as might be elected. (See, again. Sec. 5, of said Act, 
 in respect to submitting the Constitution to the people j also Sec. 3 and 4 of the 
 first Supplementary Act.) 
 
 Taking such views of the Acts of Congress, as above, the Convention passed 
 a Schedule providing for the submission of the Constitution to the qualified elec- 
 tors under its provisions, and also for the election of members of the General 
 Assembly, and all other officers necessary to carry the Constitution into effect, 
 if adopted, and to establish civil government in the State of Arkansas. 
 
 This we believe to have been tlie duty of the Convention ; and such acts are 
 plainly .contemplated in Sec. 11 of the explanatory Eeconstruction Act. 
 
 The Convention, by providing for holding such election under its own au- 
 spices, has only followed in the line of the most approved precedents. 
 
 Every Constitution! Convention heretofore assembled in the United States — 
 except in those States where the action of the Convention was final — has pro- 
 vided the (details for submitting its constitution to the people, and for the elec- 
 tion of officers (thereunder. It was clearly the duty of this Convention to do 
 so. It has done so, in the manner plainly contemplated by the Eeconstruction 
 Acts, under which it assembled. 
 
 ( 790 ) 
 
COEEBSPONDENCE OE COMMISSIONEES OE ELECTION. 
 
 The Acts of Congress, above referred to, then, unquestionably contemplate 
 that an election should be held in the manner indicated in the Schedule to the 
 Constitution, and the expenses of the same must be as legitimate and as proper 
 as any of the expenses of the Convention. 
 
 The Convention, viewing the subject in this light, passed the Ordinance 
 herewith enclosed. 
 
 Now we respectfully desire that these expenses be paid the same as the other 
 expenses of the Convention, either by providing the money, or by ordering that 
 the warrants issued shall be receivable for taxes, and that it may be so under- 
 stood by all ; for, if the undersigned are compelled to resort to the issue of scrip, 
 as is provided for in Sec. 4, of the Ordinance, in payment of the expenses in- 
 curred in holding the election provided for in the Schedule to the Constitution, 
 it will, no doubt, cost the State much more than it would, were it understood 
 that the expenses incurred under it, met the approval of the Commanding Gen- 
 eral, and were provided for, by him, the same as has been done for all other 
 expenses of the Convention. 
 
 * Very respectfully, 
 
 Tour ob'd't serv'ts, 
 
 Jas. L. Hodges, 
 J. Brooks, 
 T. M. BowEN, 
 State Board of Commissioners of Election. 
 
 2. 
 
 HeADQTJARTEES EotTRTH MILITARY DISTRICT, 
 (JMiississippi and Arkansas,) 
 
 OlTICK OF OlTIL AFrAIBS, 
 
 ViCKSBURQ, Mississippi, March 2, 1868. 
 
 Messrs. Jas. L. Hodges, J. Brooks, T. M. Bowen, 
 
 Commissioners of Elections, Little Kock, Ark. 
 
 Through Hd. Qrs. Sub-District or Arkansas, 
 Little Eock, Ark. 
 
 Gentlemen: In response to your communication of the 20th ultimo, upon 
 the subject of the payment of the expenses of the election in Arkansas, pro- 
 vided for by the Schedule to the Constitution, I am directed, by the General 
 Commanding, to inform you that said expense will be paid out of the appro- 
 priation for defraying the expenses of the Convention ; and that the Auditor's 
 warrants, issued therefor, will be receivable for the taxes levied by said Con- 
 vention. 
 
 * The subscription and signatures, here supplied, do not appear in the official copy fur- 
 nished. 
 
 ( 791 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 The Auditor of the State is, this day, instructed accordingly, and a copy of 
 the letter, to him, is herewith enclosed for your information. 
 
 I am, gentlemen, 
 
 Yery respectfully. 
 Tour ob'd't serv't, 
 
 Jno. Ttler, 
 
 1st Lieut. 43d Infty., 
 Bvt. Maj. U. S. A., 
 
 One Enclosure. 
 
 Act. Asst. Adjt. Genl. 
 
 [a.] 
 
 [Accompanying the above communication, was the following enclosure.] 
 
 Headquarters Fourth Military District, 
 ( Mississippi and Arkansas,) 
 (Copt.)' Omice Civil Api'aies, 
 
 ViCKSBtTEQ, Mississippi, March 2d, 1868. 
 Hon. W. E. Miller, 
 
 Auditor State of Arkansas, 
 
 Little Eock, Ark. 
 
 Sir : The General Commanding, directs that the expenses of the election pro- 
 vided for by the Schedule to the Constitution, recently framed by the Arkansas 
 Constitutional Convention, be paid out of the funds appropriated by said Con- 
 vention for defraying its expenses, and that you issue the necessary warrants 
 upon the State Treasurer, to carry these instructions into effect, which warrants 
 will be receivable for the tax levied by said Convention, and none other. 
 
 I am, sir. 
 
 Very respectfully. 
 
 Tour obedient servant, 
 John Tyler, 
 1st Lieut. 43d TJ. S. Infantry, 
 Brevt. Major TJ. S. A., 
 
 Act. Asst. Adjt. Genl. 
 Official Copy. 
 
 ' Nat. Wolfe, 
 
 2d Lieut. 34th U. S. Infantry, 
 
 Acting Assistant Adjutant General. 
 
 ( 192 
 
AMENDATOET EEOONSTEUCTIOlf ACT OP CONGEESS. 
 
 To AMEND THE ACT PASSED MaECH TWENTY-THIRD, EIGHTEEN HUNDRED AND 
 SIXTY-SEVEN, ENTITLED "An ACT SUPPLEMENTARY TO 'AN ACT TO PRO- 
 VIDE FOR THE MORE EFFICIENT GOVERNMENT OF THE REBEL STATES,' 
 
 PASSED March second, eighteen hundred and sixty-seven, and to 
 
 FACILITATE THEIR RESTORATION." 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That hereafter any election authorized 
 by the act passed March twenty-three, eighteen hundred and sixty-seven, 
 entitled " An act supplementary to ' An act to provide for the more effi- 
 cient government of the rebel S^tates,' passed March two, [second], eighteen 
 hundred and sixty-seven, and to facilitate their restoration," shall be de- 
 cided by a majority of the votes actually cast ; and at the election in which 
 the question of the adoption or rejection of any constitution is submitted, 
 any person duly registered in the State may vote in the election district 
 where he offers to vote when he has resided therein for ten days next pre- 
 ceding such election, upon presentation of his certificate of registration, 
 ms affidavit, or other satisfactory evidence, under such regulations as the 
 district commanders may prescribe. 
 
 Sec. 2. And be it further enacted, That the constitutional convention of 
 any of the States mentioned in the acts to which this is amendatory may 
 provide that at the time of voting upon the ratification of the constitution 
 the registered voters may vote also for members of the House of Repre- 
 sentatives of the United States, and for all elective officers provided for 
 by the said constitution ; and the same election officers who shall make 
 the return of the votes cast on the ratification or rejection of the constitu- 
 tion, shall enumerate and certify the votes cast for members of Congress. 
 
 ' Schuyler Colfax, 
 
 Speaker of the House of Eepresentatives." 
 
 B. F. Wade, 
 
 President of the Senate pro tempore. 
 
 Indorsed by the President : "Received February 28, 1868." 
 
 [Note by the Department of State.— The foregoing act having been 
 presented to the President of the United States for his approval, and not 
 having been returned by him to the house of Congress in which it origi- 
 nated «within the time prescribed by the Constitution of the United States, 
 has become a law without his approval.] 
 
 ( Y93 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 * 
 
 IV. 
 
 PAPERS SUBSEQUENT lU DATE TO ELECTION FOE RATIFICATION 
 
 OF CONSTITUTION. 
 
 L. 
 
 IT O T I O E. 
 
 OFFICE STATE BOAED OP COMMISSIONEES OF ELECTION, 
 
 Little Bock, Arkansas, April 1, 1868. 
 
 "Whereas, At an election commenced on the 13tli day of March, 1868, 
 under the provisions of the Schedule to the Constitution, for the ratifica- 
 tion or rejection of the Constitution submitted to the people by the Ar- 
 kansas Constitutional Convention ; and 
 
 "Wheeeas, It appears that a majority of the votes cast, voted for said 
 Constitution. . 
 
 Thbrefoee, By authority vested in us by said Schedule, we do hereby 
 declare said Constitution ratified ; and, therefore, in full force and effect 
 from and after this date. 
 
 Jambs L. Hodges, 
 Joseph Brooks, 
 Thomas M, Bowen, 
 
 state Board of Commiasioners of Election. 
 
 (794) 
 
EETUEKS OF ELECTION UNDEE SCHEDULE. 
 
 M. 
 
 ABSTRACT 
 
 RETURNS OF AN ELECTION, 
 
 BEGUN MAECH 13th, 1868, 
 Held under the Provisions of the Schedule to the Constitution.* 
 
 
 
 
 
 
 
 
 
 cootttt:r, 
 
 FOE 
 
 AGAIirST 
 
 COUNTIES. 
 
 FOR 
 
 AGAINST 
 
 
 Oonatitntion. 
 
 Oonstitution, 
 
 Gonstitntion, 
 
 Oonstitution, 
 
 Arkansas, 
 Ashley, . 
 
 
 1055 
 419 
 
 — 
 
 Marion, . 
 Mississippi^ 
 
 
 
 67 
 210 
 
 — 
 
 Bentoh, 
 
 BRADlBr, . 
 
 
 121 
 304 .. 
 
 — 
 
 Monroe, . 
 montoomhrt, 
 
 
 
 496 
 168 
 
 — 
 
 Calhock, . 
 
 
 ^ 
 
 
 
 Newton, . 
 
 
 
 260 
 
 2 
 
 CabroIiL, . 
 
 
 242 
 
 
 
 Ouachita, . 
 
 
 
 563 
 
 
 Chicot, . . 
 
 
 866 
 
 — 
 
 Perry, . . 
 
 
 
 102 
 
 
 
 Clark, . . 
 
 
 425 
 
 
 
 Phillips, . 
 
 
 
 2339 
 
 
 CoKWAV, . 
 
 
 375 
 
 
 
 Polk, . . 
 
 
 
 236 
 
 
 Craighead, 
 
 
 205 
 
 
 
 Pike, . . 
 
 
 
 301 
 
 
 Crawford, 
 
 
 402 
 
 
 
 Pope, . . 
 
 
 
 375 
 
 
 Cross, . . 
 
 
 161 
 
 
 
 Poinsett, . 
 
 
 
 62 
 
 
 COLTOBLi, . 
 
 
 601 
 
 
 
 Prairie, . 
 
 
 
 363 
 
 
 Crittendeh, 
 
 
 600 
 
 
 
 Pulaski, . 
 
 
 
 6175 
 
 35 
 
 Dallas, . 
 
 
 195 
 
 
 
 Randolph, 
 
 
 
 127 
 
 
 Desha, . . 
 
 
 174 
 
 4 
 
 Saline, 
 
 
 
 79 
 
 
 
 Drew, . . 
 
 
 486 
 
 
 Searcy, 
 
 
 
 307 
 
 
 Frankldt, . 
 
 
 304 
 
 _ 
 
 Sebastian, . 
 
 
 
 497 
 
 
 
 Fulton, . 
 
 
 96 
 
 
 
 Sbtier, 
 
 
 
 268 
 
 
 
 Greene, . 
 
 
 10 
 
 
 
 Scott, . 
 
 
 
 319 
 
 
 Hempstead, 
 
 
 1299 
 
 
 
 St. Francis, 
 
 
 
 446 
 
 
 
 Hot Spring, . 
 
 
 245 
 
 
 
 Union, . . . 
 
 
 
 501 
 
 
 
 Independenci 
 
 !, . . 
 
 588 
 
 
 
 Van Bukbn, . 
 
 
 
 55 
 
 
 
 Izard, . . . 
 
 
 139 
 
 
 
 Washington, . 
 
 
 
 660 
 
 
 
 Jackson, . . 
 
 
 247 
 
 
 
 White, . . . 
 
 
 
 74 
 
 
 
 Jeppbrson, . 
 
 
 3685 
 
 __ 
 
 Woodruff, . 
 
 
 
 224 
 
 __ 
 
 Johnson, . . 
 
 
 258 • 
 
 
 
 Tell, . . . 
 
 
 
 406 
 
 
 
 Lafatettb, . 
 Lawrence, . 
 
 
 395 
 
 — 
 
 • 
 
 
 
 
 116 
 
 
 
 
 
 Little River, . . 
 Madison, .... 
 
 322 
 379 
 
 = 
 
 Total, . . . 
 
 30,380 
 
 41 
 
 We, the undersigned, a Board of Commissioners of Election, under the 
 provisions of the Schedule attached to the Constitution aforesaid, do certify 
 the above and foregoing to be a full, true, and correct abstract of the votes 
 cast in the various counties of the State of Arkansas, at the election aforesaid. 
 
 James L. Hodges, 
 Joseph Brooks, 
 Thos, M. Bowen, 
 
 state Board of Commissioners of Election for the State of Arkansas. 
 
 Thos. M. Bowen, 
 
 President Convention. 
 
 * For returns of election held under the provisions of the Acts of Congress, 
 and of the Ordinance accompanying the Constitution, see page 807. 
 
 ( ^95 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 N. 
 
 LETTEE OF TEAlfSMITT AL 
 
 PEOM PEESIDENT OP THE CONVENTION TO PEESIDENT OF 
 THE UNITED STATES, 
 
 ACCOMPANTIlfG COPT OF CONSTITTJTIOIT, 
 AND ABSTEACT OP VOTE ON BATIPICATION THBKEOP, AT ELECTION HELD UNDER 
 PBOTISIONS OP THE CONSTITUTION; 
 
 Forwarded in accordance with the provisions of the same. 
 
 Little Eock, Akkansas, April 16, 1868. 
 
 Sir : I have the honor to transmit herewith a copy of the Constitution 
 of the State of Arkansas, adopted by the Constitutional Convention of 
 said State, in accordance with the Acts of Congrpss, February 11th, 1868, 
 and adopted by the people of the State at an election held March 13th, 
 1868, for its ratification or rejection ; also an abstract of the votes cast at 
 said election ; and desire that you lay the same before the Congress of the 
 United States at your earliest convenience, as requested- by Article 8th of 
 the Schedule to said Constitution. 
 
 I have the honor to be, very respectfully, your obedient servant, 
 
 Thos. M. Bowen, 
 President Constitutional Convention. 
 
 His Excellency Andrew Johnson, 
 
 President United States. 
 
 [Accompanying this communication, were, 1st, a certified copy of the 
 Constitution adopted by the Convention, and, 2d, an Abstract of returns 
 of the election held under, provisions of the Schedule, for the ratification 
 of the Constitution.] 
 
 ( 796 ) 
 
STATE OFFICERS, ETC., OF 1868. 
 
 O. 
 
 LIST 
 
 OP 
 
 STATE OFFICERS, 
 
 MEMBERS or THE GENERAL ASSEMBLY, 
 
 AND 
 
 MEMBERS OF CONGRESS, . 
 
 Ohosen at the Pirst Elaction held under the Oonstitution of 1868 
 (MARCH ISth, 186 8.) 
 
 STATE OFFICERS. 
 
 Governor, Powell Clayton. 
 
 Lieutenant-Governor, James M. Johnson. 
 
 Secretary of State, Eobert J. T. White, 
 
 Auditor of State, James R. Berry. 
 
 Treasurer of State, Henry Page. 
 
 Attorney- General, John E. Montgomery. 
 
 Superintendent of Public Instruction, . . Thomas Smith. 
 
 Lafayette Gregg, 
 John MoClure, 
 Thomas M. Bowen, 
 l- William M. Harrison. 
 
 Associate Justices of Supreme Court, 
 
 MBMBEES OP THE GENEEAL ASSEMBLY. 
 
 Representatives. 
 
 fW. W. Stansberry, Fred. R. Poole, A. L. 
 I Pears, J. H. Houghton. 
 
 (Ephraim ^Sliarp, Jacob Hufstedler, Sr., 
 I James M. I^vesay. 
 
 (Benj. Vaughn, Jno. H. Fitzwater, James 
 I F. Hopper, Parley A. Williams. 
 
 Jeremiah Clem, Jerome Ferguson, Jesse 
 
 MiUsaps. 
 W. W. Brashear, J. R. Hall, Jr., H. W. 
 
 Hodges. 
 
 (■ Daniel R. Lee, William A. May, Samuel 
 I Dial. 
 
 (Samuel Bard, Jacob Yoes, E. D. Fenno, 
 I Jno. F. Owen. 
 
 ( 191 ) 
 
 District. 
 
 Senators. 
 
 1st. 
 
 D. M. Goodman. . . . 
 
 2d. 
 
 ParsaUa H. Young. . . 
 
 3d. 
 
 M. L. Stephenson. . . 
 
 4th. 
 
 Enoch D. Rushing. . . 
 
 5th. 
 
 Zach. Keaton 
 
 6th. 
 
 John N. Sarber. . . . 
 
 Hh. 
 
 T. J. Hunt 
 
ARKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 BiSTRICT. 
 8tll. 
 
 9th. 
 10th. 
 
 nth. 
 
 12th. 
 
 13th. 
 
 14th. 
 
 15th. 
 16th. 
 Itth. 
 
 18th. 
 19th. , 
 
 20th. 
 
 21st. . 
 
 22d. 
 
 Senators. 
 Valentine Dell. . 
 
 E. G. Barker. 
 
 (Ozro A. Hadley, . 
 (Stephen Wheeler. . 
 
 (Benj. Thomas, . . 
 {A. H. Evans. . . 
 
 John H. Hntchinson. 
 Dwight P. Belden. 
 Geo. H. Martin. 
 
 Geo. S. Scott. , 
 H. A. MiUen. . 
 I.e. Bay. . . 
 
 Geo. W. McCown. 
 Jas. P. Portis. . 
 
 f Saml. MaUoiy, 
 (0. P. Snyder. 
 
 Enoch H. Vance. 
 
 ("WUliam Harrison, 
 (J. M. Mason. . 
 
 Repeesentatives. 
 
 (Jno. B. C. Turman, Daniel H. Divelbiss, 
 ( A. J. Singleton, Arthur Gunther. 
 
 ("Daniel Coates, E. R. Knight, Asa Hodges, 
 X D. P. Upham. 
 
 M. W. Benjamin, Jno. G. Price, Sol. Mil- 
 ler, A. L. Rush, F. M. Chrisman, Jno. 
 Goad. 
 
 (James A. Butler, M. Reed, J. C. Tobias,* 
 } Wm. H. Gray, J. T. White, J. K. Whit- 
 { son. 
 
 (Geo. M. French, Isaac Ayers, Wm. S. 
 ( McCullough, Thomas M. Gibson. 
 
 f Jno. W. Harrison, Josiah H. Demby, 
 X Chas. H. OUver. 
 
 (Samuel F. Mitchell, S. D. Belden, Richard 
 ( Samuels. 
 
 (A. M. Merrick, A. T. Carroll, Monroe 
 ( Hawkins. 
 
 Robert F. Catterson, Lovinski Ivy. 
 
 (Wm. A. Britton, Sol. Exon, Wm. P. 
 X Coolidge, Jas. R. Bush. 
 
 (Wm. A. Beasley, Daniel J. Smith, M. M. 
 X Olive. 
 
 N. N. Rawlings, W. H. Wright. 
 
 Peter Moseley, Henry St. John, J. M. 
 Gray, J. J. Williams, G. W. Davis, 
 W. T. Morrow. 
 
 Gayle H. Kyle, Jno. J. Gibbons. 
 
 N. M. Newell, CUfford Stanley Sims, R. S. 
 Curry, S. A. Duke, D. S. WeUs, Z. H. 
 Maness. 
 
 MEMBERS OF CONGRESS ELECT. 
 
 Is* District, Logan H. Roots. 
 
 2«^ " James Hinds. 
 
 3d " . • Thomas Boles. 
 
 The General Assembly convened, at the seat of government,— in accord- 
 ance with the provisions of the Constitution and the foregoing notice of 
 the Board of Commissioners of Election, declaring the Constitution to be 
 
 ( 798 ) 
 
 * Deceased, before assembling of Legislature. 
 
STATE OPFICBES, ETC., OF 1868. 
 
 ratified and the State Government thereunder to be in full force and 
 effect, — on the 2d day of April, 1868 ; and the two Houses proceeded, 
 respectively, to effect an organization, by the choice of the following- 
 named presiding officers : 
 
 President of the Senate, 
 John N. Sarbbr. 
 
 Speaker of the House of Representatives, 
 John G. Price. 
 
 The two Houses of the General Assembly thereafter proceeded, in 
 accordance with the provisions of the Act of Congress regulating the 
 manner of election of Senators of the United States, to choose the fol- 
 lowing 
 
 UNITED STATES SBNATOES ELECT. 
 
 BENJAMIN F. RICE, 
 ALEXANDER McDONALD. 
 
 [The proceedings of the General Assembly in the ratification of the pro- 
 posed Fourteenth Amendment to the Constitution of the United States, will 
 be found in Appendix P.] , 
 
 ( 799 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 P. 
 
 PKOCEEDINGS 
 
 OF THE 
 
 GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, 
 
 TIPON THE 
 
 BATIPICATION" OF THE FOURTEENTH AETICLE OF AMENDMENT TO 
 THE CONSTITUTION OF THE UNITED STATES. 
 
 Hall op Representatives, 
 Little Rock, Arkansas, April 3, 1868. 
 
 Proceedings of Friday, April 3, .1868. 
 
 In accordance with notice given on the previous day, Mr. Benjamin in- 
 troduced the following joint resolution, which was read : 
 
 JOINT RESOLUTION Ratiptinq an Act of Congrbss, Appbovbd Junk 16, 1866, 
 AND Proposed to the Leqislattjres ov the setbkal States for Ratification 
 AS AN Amendment to the Constitittion of the United States. 
 
 Be it resolved by the Senate and Souse of Representatives of the State of%Arkansas 
 in Legislature assembled, that — 
 
 Whereas, The Congress of the United States has submitted to the several 
 States, for their action thereon, by an act approved June the sixteenth, (16,) 
 one thousand eight hundred and sixty-six, (1866,) the following Article Four-, 
 teenth, (14th,) as an amendment to the Constitution of the United States, 
 namely : 
 
 ARTICLE XIV. 
 
 Section 1. AH persons born or naturalized in the United States, and subject 
 to the jurisdiction thereof, are citizens of the United States and of the State 
 wherein they reside. No State shall make or enforce any law which shall 
 abridge the privileges or immunities of citizens of th'e United Statefs ; nor shaU 
 any State deprive any person of life, liberty, or property, without due process 
 of law nor deny to any person within its jurisdiction the equal protection of 
 the laws. 
 
 Sec. 2. Eepresentatives shall be apportioned among the several States 
 according to their respective numbers, counting the whole number of persons 
 in each State, excluding Indians not taxed. But when the right to vote at any 
 election for the choice of electors for President and ViceSPresident of the 
 United States, representatives in Congress, the executive and judicial officers 
 ( 800 ) 
 
RATIFICATION OP AMENDMENT XIY TO CONSTITUTION U. S. 
 
 of a State, or the members of the legislature thereof, is denied to any of the 
 male inhabitants of such State, being twenty-one years of age, and citizens of 
 the United States, or in any way abridged, except for participation in rebellion 
 or other crime, the basis of representation therein shall be reduced in the pro- 
 portion which the number of such male citizens shall bear to the whole number 
 of male citizens twenty-one j'ears of age in such State. 
 
 Sec. 3. No person shall be a senator or representative in Congress, or elector 
 of President and "Vice-President, or hold any oflBce, civil or military, under the 
 United States, or under any State, who having previoifely taken an oath as 
 a member of Congress, or as an oflScer of the United States, or as a member of 
 any State legislature, or as an executive or judicial officer of any State, to sup- 
 port the Constitution of the United States, shall have engaged in insurrection 
 or rebellion against the same, or given aid or comfort to the enemies thereof. 
 But Congress may, by a vote of two-thirds of each house, remove such disability. 
 
 Sec. 4. The validity of the public debt of the United States, authorized by 
 law, including debts incurred for payment of pensions and bounties for services 
 in suppressing insurrection or rebellion, shall not be questioned. But neither 
 the United States nor any State shall assume or pay any debt or obligation 
 incurred in aid of insurrection or rebellion against the United States, or any 
 claim for the loss or emancipation of any slave ; but all such debts, obligations, 
 and claims shall be held illegal and void. 
 
 Sec. 5. That Congress shall have pc%er to enforce, by appropriate legislation, 
 the provisions of this article. 
 
 Therefore, Be it resolved by tRe General Assembly of the State of Arkansas : 
 That the foregoing recited Article Fourteen (14) be, and the same is hereby, 
 fully approved and ratified as a portion of the Constitution of the United 
 
 States. 
 
 On motion of Mr. Sims, the rules were suspended by a two-third vote, 
 and the Joint Resolution was placed upon its second reading; "after which 
 it was engrossed and read a third time, and put upon its final passage by 
 calling the yeas and nays. 
 
 In the affirmative were : 
 
 Messrs. Ayers, Bard, Benjamin, Belden, Brashear, Britton, Bush, Butler, 
 Catterson, Chrisman, Clem, Coolidge, Cary, Davis, Dial, Divelbliss, Bxon, 
 Penno, French, Furgeson, Gibson, Gray of Phillips, Grey of Jefferson, Gunther, 
 Hall, Hodges of Crittenden, Hodges of Searcy, Hopper, Hufstedler, Kyle, Lee, 
 May,' Miller, Mitchell, Morrow, McCullough, Newell, Olive, Oliver, Owen, Pears, 
 Eeed, Rush, Samuels, Sims, Smith, St. John, Tobias, Upham, White, Whitson, 
 Williams of Marion, Williams of Jefferson, Yoes, Vaughn, Mr. Speaker— Teas 
 56 ; Nays none. 
 
 Mr. Hodges, of Crittenden, moved to reconsider, and that the motion 
 lie on the table : which was carried. 
 
 51 ( 801 ) 
 
AEKANSAS CONSTlT.UTIOlSrAL CONVENTIOIS, 1868. 
 
 Unitbd States oi' America, State op Arkansas : 
 
 I hereby certify the foregoing and above to be a true, fall, and complete ab- 
 stract of the proceedings had in the matter of adopting the XlVth Article of 
 the National Constitution, as proposed for ratification to the several States, as 
 appears from the Journal of the House of Eepresentatives. 
 
 P. E. Wright, 
 Clerk of the House. 
 
 Senate Chamber, 
 Little Kock, Arkansas, April 3, 1868. 
 
 Upon the re-assembling of the Senate, the following message from the 
 
 House of Representatives was received: 
 
 To THE Hon. President op the Senate : " 
 
 Mr. President : I am instructed to inform the Senate that the Joint Resolu- • 
 tion ratifying the amendment to the Constitution of the United States, known 
 as the XIYth Article,, has been adopted by the House of Eepresentatives. 
 
 F. E. "Wright, 
 Clerk of House. 
 
 On motion of Mr. Snydeb, of Jeffecaon, the said Joint Resolution ratify- 
 ing the Amendment to the Constitution of the United States, known as 
 the XlVth Article, was introduced and read, as follows : 
 
 WhereaSf The Congress of the United States, &c., (here follows the Eesolu- 
 
 tion offered in the House.) 
 • 
 
 Mr. MalijORY moved to suspend the rules, in order that the Joint Reso- 
 lution may be read the second and third time, and placed upon its final 
 passage. 
 
 The roll being called, the following Senators voted in the affirmative : 
 
 Messrs. Belden, Baker, Hadley, Mallory, Martin, McOown, Scott, Snyder, 
 Wheeler, Young, and Mr. President — 11. 
 
 Those voting in the negative were: 
 
 Messrs. Dell, Evans, Harbison, Hunt, Keeton, Mellon, Eay, Eushing, Stephen- 
 son, Thomas, Yance — 11. 
 
 So the motion was lost. 
 
 On motion of Mr. Stephenson, the Senate adjourned uhtil Monday, the 
 sixth instant, at 10 o'clock, a.m. 
 
 Monday, April 6th, 1868. 
 The Journal of Friday being read and approved, the President announced 
 the first business in order — second reading of the House Joint Resolution 
 ratifying the XIV th Article, proposed as an amendment to the Constitu- 
 ( 802 ) 
 
EATIFICATION OF AMENDMENT XIV TO CONSTITUTIOlSr U. S. 
 
 tion of the United States. The Joint Eesolution was here read the second 
 time. 
 
 Mr. Mallory, of Jefferson, moved that the rules be suspended, and the 
 Joint Resolution ratifying the constitutional amendment, known as the 
 Fourteenth Article, be read the third time and placed upon its final pas- 
 sage. Motion being put, the following Senators voted in the affirmative : 
 
 Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Eay, Eushing, Scott, Snyder, Ste- 
 phenson, Thomas, Vance, Wheeler, Young, Sarber — 23. 
 
 All the members present voting in the affirmative, motion was unani- 
 mously sustained. Here the House Joint Resolution, ratifying the Four- 
 teenth Article, was read the third time. 
 
 A vote being taken, the ayes and noes being called, the following Sena- 
 tors voted in the affirmative : 
 
 Messrs.- Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Eay, Eushing, Scott, Snyder, Ste- 
 phenson, Thornas, Vance, Wheeler, Young, Sarber — 23. 
 
 All the members present voting in the affirmative, the Resolution was 
 unanimously adopted. 
 
 Tuesday, April 7, 1868. 
 The roll havijjg been called, and pray«j' offered by Chajilain Alexanber, 
 Mr. Mallory, of Jefferson, moved to reconsider the vote by which the 
 Joint House Resolution, ratifying the XlVth Article to the Constitution 
 of the United States, had been adopted by the Senate of the preceding 
 day, and that the motion to reconsider be laid upon the table, which mo- 
 tion prevailed. Those voting in the affirmative were 
 
 Messrs. Barker, Belden, Dell, Evans, Hadley, Harbison, Hunt, Hutchinson, 
 Keeton, Mallory, Martin, Mellon, McCown, Eay, Eushing, Scott, Snyder, Ste- 
 phenson, Thomas, Vance, Wheeler, Young, and Mr. President — 23; the vote 
 being unanimous. 
 
 CTnited Status of America, State or Arkansas : 
 
 We hereby certify the above to be a true, full, and complete abstract of the 
 proceedings of the Senate of Arkansas, in the matter of the adopting the Joint 
 Eesolution ratifying the XlVth Article of the Constitution of the United , 
 States, as appears from the Journal of its proceedings. 
 
 J. W.'Caehart, 
 
 Secretary of the Senate. 
 John N. Sarber, 
 
 President pro tempore. 
 Little Eock, Arkansas, April 7, A.D. 1868. 
 
 { 803 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 40th Congress, | HOUSE OF EBPEESENTATIVBS. 7^^ 
 2d Session. ( I No. 278. 
 
 ELECTION IN AEKANSAS. 
 
 LETTER FEOM THE GENERAL OF THE ARMY, 
 
 In answer to a Resolution oe the House oe the 2d instant, trans- 
 mitting Major General A. 0. Gillbm's report op the 
 recent election in Arkansas, under the 
 Reconstruction Laws. 
 
 Mat 4, 1868. — Referred to the Committee on Eeconstruction, arid letter ordered to be printed. 
 May 7, 1868. — Ordered that the accompanying papers be printed. 
 
 Headqtjaetees Army oi' the United States, 
 ■WASHMrGTON, May i, 1868. 
 
 Sir : I have the honor to acknowledge the receipt of resolution of the 
 House of Representatives of the 2d instant, directing me to communicate 
 a statement of the number of votes cast for, and against, the State Con- 
 stitution, at the. recent election in Arkansas; and, in answer thereto, I 
 respectfully submit, herewith,' Brevet Major General A. C. Gillem's report 
 of said election, and accompanying documents, which contain the infor- 
 mation called for. 
 
 Very respectfully, 
 
 Your ob'd't serv't, 
 
 IJ. S. Grant, 
 
 General. 
 Hon. Schuyler CoLrAi, 
 
 Speaker of the House of Representatives. 
 
 Headquarters Fourth Military District, 
 (Mississippi and Arkansas,) 
 ViCKSBURG, Mississippi, April 22, 1868. 
 
 General : I have the honor to submit the following report of the elec- 
 tion held in the • State of Arkansas, on the adoption of the Constitution 
 framed by the Convention assembled in accordance with the acts usually 
 known as the Military Reconstruction Laws. 
 
 When I assumed command of the Fourth Military District, January 9, 
 1868, in compliance with General Orders No. 104, from Headquarters of 
 ( 804 ) 
 
REPOETOF DISTEICT COMMANDEE, ON EATIPICATION. 
 
 the Army, 1867, the Constitutional Convention of Arkansas was in ses- 
 sion; and shortly after my arrival, a messenger (Hon. Asa Hodges, a 
 member of the Convention) arrived, bearing a resolution of the Conven- 
 tion, requ<festing me to authorize the State Treasurer to advance seventy- 
 five thousand dollars ($75,000) to defray the expenses of the Convention. 
 The act of March 23, 1867, making it imperative that the Convention 
 should " provide for the levy and collection of such taxes on the property, 
 in the State, as may be necessary to carry into effect the purposes of this 
 act," I authorized the State Treasurer to advance fifty thousand dollars 
 ($50,000), to be replaced when the tax, levied in compliance with the 
 above section, should be collected. In taking this action, I had two mo- 
 tives in view : first, to facilitate the transaction of the business for which 
 the Convention was called together; secondly, to extend the time allowed 
 for the collection of the tax, and thereby render it less burdensome to the 
 people, already greatly impoverished. 
 
 In connection with this subject, attention is respectfully invited to the 
 correspondence herewith accompanying, and marked Appendix A, Isfos. 
 1, 2, 3, 4, 5, 6, 7, and 8, as explanatory of my action in the premises. 
 
 In order to avoid delay in holding the election on the Constitution, 
 framed by the Convention, early in February I directed instructions to be 
 prepared for General Smith, commanding Sub-District of Arkansas, as to 
 the manner of conducting the election. These instructions (see Appendix 
 B, IJo. 4) were forwarded, by mail, to General Smith, on the 12th of Feb- 
 ruary. On the same day a telegraiji was received from General Smith 
 (Appendix B, No. 5), informing me that the Constitution and Election Or- 
 dinance had been adopted by the Convention on the 11th of February, and 
 that March the 15th had been fixed upon as the day for the beginning of 
 the election in which it was to be submitted to the people. 
 
 Fearing that the limited time allowed would be insufficient to enable me 
 to make the necessary arrangements for securing a thorough and impartial 
 expression of the will of the people, General Smith was telegraphed (see 
 Appendix B, No. 6) to know if the time could not be extended a few days. 
 In reply. General Smith informed me (see Appendix B, No. 7) that the 
 time for holding the election was fixed by the Constitution itself, and there- 
 fore could not be changed. Instructions were at once issued by telegraph 
 (see Appendix B, Ifo. 9, to which especial attention is called,) directing 
 General Smith to use every exertion in organizing the boards of registra- 
 tion for revision of the registration, provided for in Section 7, of the Act 
 of July 19, 1867, and holding the election provided for in Section 5, March 
 
 23, 1867. 
 
 For information as to the manner in which these orders were earned 
 out, attention is invited to the letter of General Smith, of February 14, 
 (Appendix B, No. 14), and his instructions, (Appendix B, No. 15.) 
 
 On the 14th of February, General Orders No. 7, from Headquarters 
 Foui-th Military District, providing for the submission of the Constitution 
 
 { 805 ) 
 
ARKANSAS COlSTSTITUTIOlSrAL CONVENTION, 1868 
 
 to the registered voters of Arkansas, was issued, for a copy of which see 
 Appendix B, 16. It will be seen by this order, paragraph 9, that " no Reg- 
 istrar, Judge, or Clerk, will be permitted to become a candidate for office 
 at the election for which he served as Commissioner." Atten^on is in- 
 vited to this paragraph from the fact that fraud is charged on account of 
 some of the Commissioners of Election having been candidates for State 
 and county offices, (see Appendix B, No. 29), the elections for which were 
 held at separate and distinct polls, the proceedings at which were not under 
 the control of the Registrars (see Appendix B, No. 20); and in fact, it 
 would have been difficult to have found men, of the necessary qualifica- 
 tions, to act as officers of the election, and who could have taken the re- 
 quired oath. 
 
 Application was made to have the time allowed for the revision of the 
 registration extended beyond the five days prescribed by law; but con- 
 sidering the law imperative, the registration was limited to five days (see 
 Appendix B, No. 32.) 
 
 Complaint having been made that the troops, and Agents of the Bureau, 
 would be used to influence voters, I ordered that while the troops should 
 be held in readiness to enforce order or suppress violence, they should not 
 be placed in the immediate vicinity of the polls. 
 
 On the 13th of March the election began, as provided for by the Con- 
 stitution and election Ordinance. On the afternoon of the 14th inst., the 
 following telegram was received from the General-in-chief : 
 
 ' Washington, D. C, March 13, 1868. 
 
 The last amendatory act passed is now law. It provides that majority of 
 votes actually cast, determines adoption or rejection of Constitution ; also, that 
 the electors may at the same time vote, for members of Congress, and all the 
 elective officers provided for by said Constitution. 
 
 U. S. Grant. 
 
 Major General A. 0. Gillem. 
 
 The Convention having provided for the election of State and county 
 officers, separate from those held on the ratification of the Constitution, 
 and by voters other than those qualified under the Reconstruction Act, 
 the second paragraph of the above despatch could not affect the election 
 conducted under the orders of the District Commander in Arkansas. 
 
 The election was held as ordered ; but owing to the irregularities of the 
 mail facilities, or other means of communication, the returns were not all 
 received until to-day, April 22d, although every endeavor has been made 
 to obtain them at an earlier day, and to that end special messengers and 
 the telegraph have been liberally used. 
 ■ The following table shows the vote as received from the Registrars : 
 
 ( 806 
 
EBPOET OF DISTRICT COMMANDER, ON RATIFICATION. 
 
 [1.] Consolidated Report op Election held in the State of Aekansas 
 
 COMMENCING Makch 13, 1868 
 
 UPON THE Ratification of the Constitution. 
 
 COUNTY. 
 
 ea 
 .S 
 
 ^•1 
 
 eg 
 
 al Number 
 Registered 
 ters. 
 
 • REMARKS. 
 
 
 s 
 
 -oa g 
 
 "S 
 
 "S >" .=: 
 
 
 
 ^^ 
 
 ■^ 
 
 ^^ 
 
 ^ => i=" 
 
 
 Abkahsas, . . . 
 
 1233 
 
 169 
 
 1402 
 
 1826 
 
 
 ASHLET, .... 
 
 414 
 
 626 
 
 1040 
 
 1418 
 
 
 Bradley, . . . 
 
 256 
 
 546 
 
 802 
 
 1274 
 
 
 Bentoh 
 
 97 
 
 875 
 
 972 
 
 1179 
 
 
 Calhodn, . . . 
 
 84 
 
 364 
 
 448 
 
 637 
 
 
 Chioot 
 
 714 
 
 193 
 
 907 
 
 1857 
 
 
 Cabboll, 
 
 195 
 
 501 
 
 696 
 
 905 
 
 
 Clabk, .... 
 
 462 
 
 75.S 
 
 1216 
 
 1675 
 
 " 
 
 Columbia, . 
 
 591 
 
 . 977 
 
 1568 
 
 2200 
 
 
 Chittenden, . . 
 
 496 
 
 123 
 
 619 
 
 963 
 
 
 Ceaiohead, . 
 
 182 
 
 226 
 
 408 
 
 620 
 
 
 Cross, .... 
 
 119 
 
 2.30 
 
 349 
 
 641 
 
 
 Conway 
 
 370 
 
 486 
 
 866 
 
 1257 
 
 
 Ckawpoed, . . . 
 
 383 
 
 518 
 
 901 
 
 1146 
 
 
 Dallas 
 
 24T 
 
 545 
 
 792 
 
 1101 
 
 
 Desha 
 
 139 
 
 96 
 
 234 
 
 881 
 
 
 Drew 
 
 516 
 
 715 
 
 1231 
 
 1784 
 
 
 Eeanklin, . , 
 
 330 
 
 510 
 
 840 
 
 1045 
 
 
 Fulton, .... 
 
 115 
 
 78 
 
 193 
 
 250 
 
 
 Green 
 
 10 
 
 597 
 
 607 
 
 946 
 
 
 Hempstead, . . 
 
 1120 
 
 1145 
 
 2265 
 
 2897 
 
 
 Hot Speino, . . 
 
 214 
 
 474 
 
 688 
 
 920 
 
 
 ISDBPENDESCB, . 
 
 517 
 
 620 
 
 1137 
 
 1665 
 
 
 IZABD, .... 
 
 145 
 
 409 
 
 554 
 
 799 
 
 
 Jackson, . . 
 
 238 
 
 531 
 
 769 
 
 1284 
 
 No election held, in one precinct. 
 
 Johnson 
 
 355 
 
 397 
 
 752 
 
 959 
 
 
 Jefperson, . . . 
 
 3259 
 
 438 
 
 3697 
 
 3839 
 
 No returns from precincts ; consolidated 
 return from County ; 730 persons were 
 allowed to vote who were registered in 
 other counties and precincts. 
 
 Lawrence, . . . 
 
 114 
 
 445 
 
 659 
 
 1013 
 
 No election held, in four precincts, 
 
 Little River, . . 
 
 246 
 
 126 
 
 372 
 
 ♦ 789 
 
 
 Lafayette, . . 
 
 466 
 
 423 
 
 889 
 
 1683 
 
 
 Madison, . . . 
 
 342 
 
 ■ 144 
 
 486 
 
 725 
 
 
 Marion, . . . 
 
 65 
 
 264 
 
 329 
 
 519 
 
 
 Mississippi, . . 
 
 94 
 
 133 
 
 227 
 
 . 610 
 
 
 Montgomery, . . 
 
 168 
 
 130 
 
 298 
 
 637 
 
 , 
 
 Monroe, .... 
 
 498 
 
 359 
 
 857 
 
 1268 
 
 
 Newton 
 
 263 
 
 62 
 
 . 315 
 
 466 
 
 
 Ooachita, . . . 
 
 577 
 
 1067 
 
 1634 
 
 2306 
 
 
 Polk 
 
 172 
 
 70 
 
 242 
 
 422 
 
 
 Pope 
 
 394 
 
 404 
 
 798 
 
 1000 
 
 
 PttAIBIE, . . 
 
 358 
 
 944 
 
 1302 
 
 1835 
 
 
 Pulaski, . . . 
 
 4919 
 
 997 
 
 6916 
 
 4721 
 
 Vote exceeds registration by 1195. 
 
 Phillips, . . . 
 
 2157 
 
 845 
 
 3002 
 
 4040 
 
 
 Perry, .... 
 
 96 
 
 137 
 
 , 233 
 
 378 
 
 
 Pike 
 
 262 
 
 150 
 
 412 
 
 592 
 
 
 Poinsett, . . . 
 
 74 
 
 97 
 
 171 
 
 232 
 
 S'o election held, in one precinct. 
 
 Randolph, . . . 
 
 114 
 
 503 
 
 617 
 
 985 
 
 
 Saline, . , . . 
 
 82 
 
 694 
 
 676 
 
 837 
 
 
 Sebastian, . . . 
 
 464 
 
 440 
 
 894 
 
 1374 
 
 
 Scott, .... 
 
 305 
 
 164 
 
 469 
 
 672 
 
 
 Searcy, .... 
 
 307 
 
 92 
 
 399 
 
 577 
 
 
 Sevier 
 
 305 
 
 401 
 
 706 
 
 917 
 
 
 St. Francis, . . 
 
 450 
 
 265 
 
 715 
 
 1013 
 
 
 Union 
 
 487 
 
 820 
 
 1307 
 
 1846 
 
 
 Van Buren, 
 
 54 
 
 324 
 
 378 
 
 640 
 
 
 Washington, . . 
 
 669 
 
 1124 
 
 1693 
 
 2167 
 
 Cn White and Prairie Precincts, 21 persona 
 
 White 
 
 85 
 
 1060 
 
 1145 
 
 1527 
 
 voted who were registered in other coun- 
 
 wojdeuff, . . . 
 Yell 
 
 191 
 
 597 
 
 788 
 
 1264 
 
 ties and precincts ; vote, viz. : White, 8 
 
 444 
 
 296 
 
 739 
 
 1082 
 
 for and 2 against ; Prairie, 2 for and 9 
 
 
 
 
 
 
 against. Also, two returns from Prairie 
 Precinct give different figures. 
 
 
 27,913 
 
 26,697 
 
 64,510 
 
 73,784 
 
 Majority for Constitution, 1316. 
 
 Hbadquaetbes Fourth Militaky District (Mississippi and Arkansas,) 
 
 Vichsburg^ Mississippi, April 23, 1868. 
 I certify that the above is a correct return of the election held in the State of Arkansas on the rati- 
 fication of the Constitution, as shown by the r«turns of the Registrars. ALVAN C. GILLEM, 
 
 Brevet Maj.-Gen. U. S. A., Commmiding Fourth Military Dist. 
 
 { 807- ) 
 
AEKANSAS COlSrSTITUTIOlSrAL CONVENTION, 1868. 
 
 It will be perceived by the foregoing table, that there were cast for the 
 Constitution, twenty-seven thousand nine hundred and thii-teen (27,913); 
 against the Constitution, twenty-six thousand five hundred and ningty- 
 seven (26,597) ; total, fifty-four thousand five hundred and ten (54,51(J5; 
 majority for the Constitution, one thousand three hundred and sixteen 
 (1,316.) 
 
 Had the election been conducted in strict compliance with General 
 Order No. 7, and the result been indicated by the above figures, the adop- 
 tion of the Constitution would have been indisputable; but an examina- 
 tion of the foregoing. table of returns shows that in Pulaski County the 
 total vote exceeds the total number registered by jone thousand one hun- 
 dred and ninety-five (1,195). This is explained by the Registrars, who 
 admit that they permitted persons registered in other counties to vote on y 
 the presentation of their certificates of registration, and without taking 
 their names, or the counties and precincts in which they claim to be 
 registered; nor did the oflBcers conducting the election in this (Pulaski) 
 County, comply with Par. Ill, General Order No. 7, from these Head- 
 quarters, providing for the manner of conducting the election, by " check- 
 ing off the voter's name on the precinct-book serving as the poll-book." 
 It is therefore impossible to ascertain the number or names of the regis- 
 tered voters in Pulaski County who availed themselves of the right of 
 franchise, and therefore impossible to ascertain the number in excess of 
 eleven hundred and ninety-five (1,195) who voted in that county, and who 
 were registered in other places. It is also impossible to ascertain whether 
 or not these persons had voted where registered. 
 
 The same irregularities occurred in Jefferson County, where seven hun- 
 dred and thirty (730) votes were cast by voters claiming to be registered 
 in other counties or precincts. 
 
 Of these votes, eleven hundred and ninety-five (1,195) in Pulaski, and 
 seven hundred and thirty (730) in Jefferson — making a total of one thou- 
 sand nine hundred and twenty-five (1,925) — there is no means of ascertain- 
 ing whether they were cast for or against the Constitution. 
 
 Prior to the Act of Congress passed March 11, 1868, and which was 
 promulgated in General Order No. 14, from the War Department, dated 
 March 14, 1868, there was no law or order in existence permitting voters 
 registered intone county or precinct, to vote in any other county or pre- 
 cinct. The Act above referred to authorizes " any person duly registered 
 in the State to vote in the election district where he offers to vote, when he 
 has resided therein for ten days next preceding such election, upon his 
 presentation of his certificate of registration, his affidavit, or other satis- 
 factory evidence, under such regulations as the district commander may 
 prescribe." 
 
 The order containing this law was not received until after the election; 
 and the despatch from the General-in-chief containing no intimation of 
 this provision, I was unaware of the existence of the law, and therefore 
 ( 808 ) 
 
EEEOET OF DISTRICT COMMANDEE, ON EATIPICATION. 
 
 prescribed no regulations for persons voting at other precincts than those 
 in which they registered. 
 
 «It appears from the report of Col. J. E. Tourtelotte (see Appendix C, 
 No. 1, to which special attention is invited) that the Registrars in Pulaski, 
 Jefferson, and Washington Counties, learning unofficially of this law, de- 
 termined, on their own responsibility, to receive the votes of persons regis- 
 tered in other counties. 
 
 Colonel Tourtelotte was ordered to Little Eock for the purpose of in- 
 vestigating the frauds alleged by those opposed to the Constitution, and 
 was informed, by the parties preferring the charges, that at least six weeks 
 would elapse before they could be ready to proceed with the investigation, 
 and that months would be required to complete them. Such delay was 
 not deemed expedient. All the evidence bearing on the subject, is trans- 
 mitted herewith. 
 
 As there was no separate record kept of the 1925 votes cast in Pulaski 
 and Jefferson Counties, by persons not registered in those Counties, there 
 are no means of ascertaining whether or not they were cast for or against 
 the Constitution ; and, therefore, if the reception of these votes, by the 
 Registrars, under a law, of the existence of which they had no legal notifi- 
 cation, is held not to invalidate the election in the two Counties above- 
 named, the Constitution appears to have been adopted by a majority 
 of 1316. 
 
 Each party charges the other with frauds. Those opposed to the Con- 
 stitution asserting that a large number of the votes cast in Pulaski, Jeffer- 
 son, and "Washington Counties, were by unauthorized persons, and, in some 
 instances, that the same persons were permitted to vote several times. Those 
 in favor of the Constitution charge that force and intimidation was used to 
 prevent legal voters from attending the polls; and that, in one instance, — 
 that of Union County,— armed parties were stationed on the roads for that 
 purpose. For evidence on the subject of frauds, attention is invited to Ap- 
 pendix C, herewith transmitted. 
 
 In a question of such importance, and one purely civil, in which the 
 action to be taken by the District Commander is not prescribed by Sec- 
 tion 5 of the Act of March 23, 1867, I have determined to forward the 
 entire record for the action of the proper authority. 
 
 I am, General, 
 
 Very respectfully. 
 
 Your ob'd't serv't, 
 
 Alvan C. Gillbm, 
 
 Brevet Maj. Gen. U. S. A., 
 Commanding Fourth Military District. 
 
 General U. S. Grant, 
 
 Commanding Armies of the United States. 
 
 ( 809 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 [The papers appended to this Report, consisting of an undigested mass 
 of letters, telegrams, etb., extending to great length, and conflicting in 
 their nature, it has not been thought necessary to publish any of them, 
 except the General Orders issued, which appear in their proper place. 
 The contents of these papers are sufficiently referred to in the body of the 
 Report] 
 
 
 ACTION OF CONGRESS, 
 
 RESPECTING ADMISSION OF THE STATE TO REPRESENTATION, 
 AND INAUGURATION OF STATE GOVERNMENT. 
 
 The following Act of Congress, admitting the State of Arkansas to 
 representation in Congress, as one of the States of the Union, on funda- 
 mental condition expressed, was passed June 8th, and received by the 
 President of the United States, June 9th, 1868. At the date when this 
 sheet goes to press, the bill remains in the hands of the President. 
 Should the final action of the President, or of Congress, on tbe bill, take 
 place before the completion of this volume, it will be stated in an adden- 
 dum to this Appendix. 
 
 To ADMIT THE StATE OP ARKANSAS TO REPRESENTATION IN CONGRESS. 
 
 Whereas, The people of Arkansas, in pursuance of the provisions of an 
 act entitled "An Act for the more efficient government of the Rebel 
 States," passed March second, eighteen hundred and sixty-seven, and the 
 acts supplementary thereto, have framed and adopted a Constitution of 
 State government, which is republican, and the Legislature of said State 
 has duly ratified the amendment to the Constitution of the United States 
 ( 810 ) 
 
ACT OP ADMISSION OF THE STATE. 
 
 proposed by the Thirty-ninth Congress, and known as Article Fourteen : 
 Therefore, 
 
 Be it enacted by the Senate and House of Representatives of the United States of 
 America, in Congress assembled, That the State of Arkansas is entitled and 
 admitted to representation in Congress, as one of the States of the Union, 
 upon the following fundamental condition : That the Constitution of Ar- 
 kansas shall never be so amended or changed as to deprive any citizen, 
 or class of citizens, of the United States, of the right to vote, who are en- 
 titled to vote by the Constitution herein recognized, except as a punish- 
 ment for such crimes as are now felonies at comnlon law, whereof they 
 shall have been duly convicted, under laws equally applicable to all the 
 inhabitants of said State : Provided, That any alteration of said Constitu- 
 tion, prospective in its effect, may be made in regard to the time and place 
 of residence of voters. 
 
 Schuyler Colfax, 
 
 Speaker of the House of Representatives. 
 
 B. F. Wade, 
 
 President of the Senate, pro tempore. 
 
 At the date when this sheet goes to press, a bill has been introduced 
 into the House of Representatives of the United States, prescribing the 
 manner in which State governments may be inaugurated in such States, 
 lately in rebellion, as may by Congress be declared entitled and admitted 
 to representation as States of the Union. Should final action be taken by 
 Congress, upon the bill, before the completion of the volume, it will be 
 given in an addendum to this Appendix. 
 
 811 
 
EERATA. 
 
 On p. 60, line 16, for "So the Convention refused to refer the resolution," read, "So the 
 resolution was referred." 
 
 On p. 198, line 5, for " [Mr. Brooks]," read, " [Mr. Ctpeet.] " 
 On p. 538, line 14, for " Was not agreed to," read, " Was agreed to." 
 
 ( 812 ) 
 
ADDENDA. 
 
 [The binding of the volume has been so delayed as to enable the Editor 
 here to complete the documentary history of the recognition, by Congress, 
 of the State Government under the irew Constitution, and its admission to 
 representation in the ]!fational Legislature.] 
 
 MESSAGE OF THE PRESIDENT OE THE UNITED STATES, 
 
 RETURNING BILL (H. R.^ NO. 1039) " TO ADMIT THE STATE OF ARKANSAS TO 
 REPRESENTATION IN CONGRESS," WITH HIS OBJECTIONS THERETO. 
 
 June 20, 1868. — Eead, and ordered to be printed. 
 
 To the House of Representatives : 
 
 I return, without my signature, a bill entitled " An act to admit the 
 State of Arkansas to representation in Congress." 
 
 The approval of this bill would be an admission, on the part of the 
 Executive, that the " Act for the more efficient government of the rebel 
 States," passed March 2, 1867, and the acts supplementary thereto, were 
 proper and constitutional. My opinion, however, in reference to those 
 measures, has undergone no change, but, on the contrary, has been 
 strengthened by the results which have attended their execution. Even 
 were this not the case, I could not consent to a bill which is based upon 
 the assumption either that, by an act of rebellion of a portion of its people, 
 the State of Arkansas seceded from the Unions or that Congress may, at 
 its pleasure, expel or exclude a State from the Union, or interrupt its rela- 
 tions with the government, by arbitrarily depriving it of representation in 
 the Senate and House of Eepresentatives. If Arkansas is a State not in 
 the Union, this bill does not admit it as a State into the Union. If, on 
 the other hand, Arkansas is a State in the Union, no legislation is neces- 
 sary to declare it entitled " to representation in Congress as one of the 
 States of the Union." The Constitution already declares that " each State 
 shall have at least one representative ;" that the Senate " shall be composed 
 • ( 812 a ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 of two Senators fr.om each State ; " and " that no State, without its consent, 
 shall he deprived of its equal suffrage in the Senate." That instrument 
 also makes each house " the judge of the elections, returns, and qualifica- 
 tions of its own members;" and therefore all that is now necessary to re- 
 store Arkansas in all its constitutional relations to the government, is a 
 decision by each house upon the eligibility of those who, presenting their 
 credentials, claim seats in the respective houses of Congress. This is the 
 plain and simple plan of the Constitution ; and believing that had it been 
 pursued when Congress assembled in the month of December, 1865, the 
 restoration of the States would long since have been completed, I once 
 again earnestly recommend that it be adopted by each house, in prefer- 
 ence to legislation which I respectfully submit is not only of at least 
 doubtful constitutionality, and therefore unwise and dangerous as a prece- 
 dent, but is unnecessary, not so effective in its operation as the mode 
 prescribed by the Constitution, involves additional delay, and from its 
 terms may be taken rather as applicable to a Territory about to be ad- 
 mitted as one of the United States, than to a State which has occupied a 
 place in the Union for upwards of a quarter of a century. 
 
 The bill declares the State of Arkansas " entitled and admitted to rep- 
 resentation in Congress as one of the States of the Union, upon the fpUow- 
 iug fundamental condition : 
 
 " That the constitution of Arkansas shall never be so amended or changed 
 as to deprive any citizen or class of citizens of the United States of the right 
 to vote who are entitled to vote by the constitution herein recognized, except 
 as a punishment for such eriines as are now felonies at common law, whereof 
 they shall have been duly convicted under laws equally applicable to all the 
 inhabitants of said State : Provided, That any alteration of said constitution, 
 prospective in its effect, may be made in regard to the time and place of resi- 
 dence of voters." 
 
 I have been unable to find in the Constitution of the United States any 
 warrant for the exercise of the authority thus claimed by Congress. In 
 assuming the power to impose a " fundamental condition " upon a State 
 which has been duly " admitted into the Union upon an equal footing with 
 the original States in all respects whatever," Congress asserts a right to 
 enter a State as it may a Territory, and to regulate the highest prerogative 
 of a free people — the elective franchise. This question is reserved by the 
 Constitution to the States themselves, and to concede to Congress the 
 power to regulate this subject would be to reverse the fundamental prin- 
 ciple of the republic, and to place in the hands of the Federal government, 
 which is the creature of the States, the sovereignty which justly belongs 
 to the States or the people, the true source of all political power, by whom 
 our federal system was created, and to whose will it is subordinate. 
 ( 812 6 ) • 
 
PEBSIDENT'S VETO OF BILL OP ADMISSION. 
 
 The bill fails to provide in what manner the State of Arkansas is to 
 signify its acceptance of the "fundamental condition" which Congress 
 endeavors to make unalterable and irrevocable. Nor does it prescribe the 
 penalty to be imposed should the people of the State amend or change the 
 particular portions of the constitution which it is one of the purposesof 
 the bill to perpetuate, but as to the consequences of such action leaves 
 them in uncertainty and doubt. When the circumstances under which 
 this constitution has been brought to the attention of Congress are con- 
 sidered, it is not unreasonable to suppose that efforts will be made to 
 modify its provisions, and especially J;hose in respect to which this measure 
 prohibits any alteration. It is seriously questioned whether the constitu- 
 tion has been ratified by a majority of the persons who, under the Act of 
 March 2, 1867, and the acts supplementary thereto, were entitled to regis- 
 tration and to vote upon that issue. Section ten of the schedule provides 
 that " no person disqualified from voting or registering under this consti- 
 tution shall vote for candidates for any office, nor shall be permitted to 
 vote for the ratification or rejection of the constitution at the polls herein 
 authorized." Assumed to be in force before its adoption, in disregard of 
 the law of Congress, the constitution undertakes to impose upon the elector 
 other and further conditions. The fifth section of the eighth article pro- 
 vides that " all persons, before registering or voting," must take and sub- 
 scribe an oath, which, among others, contains the following clause: "That 
 I accept the civil and political equality of all men, and agree not to attempt 
 «to deprive any person or persons on account of race, color, or previous con- 
 dition, of any political or civil right, privilege, or immunity enjoyed by 
 any other class of men." It is well known that a very large portion of 
 the electors in all the States, if not a large majority of all of them, do not 
 believe in or accept the political equality of Indians, Mongolians, or ne- 
 groes, with the race to which they belong. If the voters in many of the 
 States of the North and "West were required to take such an oath as a test 
 of their qualification, there is reason to believe that a majority of them 
 would remain from, the polls rather than comply with its degrading con- 
 ditions. How far and to what extent this test oath prevented the- regis- 
 tration of those who were qualified under the laws of Congress, it is not 
 possible to know ; but that such was its effect, at least sufficient to over- 
 come the small and doubtful majority in favor of this constitution, there 
 can be no reasonable doubt. Should the people of Arkansas, thereifere, 
 desiring to regulate the elective franchise so as to make it conform to the 
 constitutions of a large proportion of the States of the Forth and West, 
 modify the provisions- referred to in the "fundamental condition," what is 
 to be the consequence ? Is it intended that a denial of representation shall 
 follow? And if so, may we not dread, at some future day, a recurrence 
 , of the "troubles which have so long agitated the country ? Would it not 
 be the part of wisdom to take for our guide the federal Constitution, rather 
 than resort to measures which, looking only to the present, may in a few 
 
 ( 812c ) 
 
AEKANSAS CONSTITUTIOlSrAL CONVENTION, 1868. 
 
 years renew, iu an aggravated form, the strife and bitterness caused by 
 legislation which has proved to be so ill-timed and unfortunate ? 
 
 Andrew Johnson. 
 
 Washington, D. C, June 20, 1868. 
 
 [To this Message was appended the Act of Congress of June 8th, 1868, 
 as printed on page 810, declaring the State entitled and admitted to rep- 
 resentation ; together with the certificate of the Clerk of the House of 
 Representatives, that the Act originated in that House. The action of the 
 two Houses of Congress, upon the veto of the President, will appear from 
 the official copy of the Act, subjoined.] 
 
 To ADMIT THE StATE OF ARKANSAS TO EBPRESBNTATION IN CONGRESS. 
 
 Whereas, The people of Arkansas, in pursuance of the provisions of an 
 act entitled " An Act for the more efficient government of the Rebel 
 States," passed March second, eighteen hundred and sixty-seven, and the 
 acts supplementary thereto, have framed and adopted a Constitution of 
 State Government, which is republican, and the Legislature of said State 
 has duly ratified the amendment to the Constitution of the United States 
 proposed by the Thirty-ninth Congress, and known as Article Fourteen : 
 Therefore, , 
 
 Be it enacted by the Senate and House of Eepresentatives of the United States 
 of America, in Congress assembled, That the State of Arkansas is entitled 
 and admitted to representation in Congress, as one of the States of the 
 Union, upon the following fundamental condition : That the Constitution 
 of Arkansas shall never be so amended or changed as to deprive any 
 citizen, or class of citizens, of the CTnited States, of the right to vote, who 
 are entitled to vote by the Constitution herein recognized, except as a 
 punishment for such crimes as are now felonies at common law, whereof 
 they shall have been duly convicted, under laws equally applicable to all 
 the inhabitants of said State : Provided, that any alteration of said Con- 
 stitution, prospective in its effect, may be made in regard to the time and 
 place of residence of voters. 
 
 In the House op Ebpresentatites, 
 
 June 20, 1868. 
 The President of the United States having returned to the House of 
 Representatives, in which it originated, the bill entitled "An Act to admit 
 the State of Arkansas to representation in Congress," with his objections 
 ( 812 d) 
 
ACT OF ADMISSION OF THE STATE. 
 
 thereto, the House of Representatives proceeded, in pursuance of the Con- 
 stitution, to reconsider the same, and , 
 
 Resolved, That the said bill do pass, two-thirds of the House of Repre- 
 sentatives agreeing to pass the same. 
 
 Attest: Edwakd McPherson, 
 
 Clerk H. K. U. S. 
 
 In Senate of the United States, 
 
 June 22, 1868. 
 
 The Senate having proceeded, in pursuance of the Constitution, to re- 
 consider the bill entitled " An Act to admit the State of Arkansas to rep- 
 resentation in Congress," returned to the House of Representatives by the 
 President of the. United States with his objections, and sent by the House 
 of Representatives to the Senate with the message of the President return- 
 ing the bill. 
 
 Resolved, That the bill do pass, two-thirds of the Senate agreeing to pass 
 
 the same. 
 
 Attest : 
 
 Geo. C. Goeham, 
 
 Secretary of the Senate. 
 
 812e ) 
 
ORDINANCES, 
 
 PUBLIC EESOLUTIONS, AND ORDERS, 
 
 AND 
 
 Memorials addressed to Congress : 
 
 ARKANSAS CONSTITUTIONAL CONVENTION. 
 
 18 68. 
 
ORDINANCES, 
 
 PUBLIC RESOLUTIONS, & ORDERS, 
 
 PASSED, 
 
 AND 
 
 MEMORIALS 
 
 ADDRESSED TO THE CONGEESS OP THE UNITED STATES, 
 
 BY THE 
 
 CONSTITUTIONAL CONVENTION 
 
 OF THE 
 
 STATE OF ARKANSAS, 
 
 Which assembled at Little Eock, Jan. 7, 1868. 
 
 With Marginal Notes, and an Index. 
 
 §y g^utftoHty. 
 
 LITTLE EOCK : 
 
 JOHN a. PRICE, 
 
 Printer to the Convention. 
 
 18 68. 
 
1, John G. Price, Secretary of the Constitutional Convention of the 
 State of Arkansas, do hereby certify that the annexed are correct copies of 
 the Ordinances, Public Eesolutions, and Orders, passed, and Memorials adopted 
 for presentation to the Congress of the United States, by the said Conven- 
 tion, at the session thereof beginning on the seventh day of January .and 
 ending on the fourteenth day of February, in the year of our Lord one thousand 
 eight hundred and sixty-eight. 
 
 Ktl MttttfSS to|tt£0f, I hereunto set my name as Secretary 
 of the Conventiorit, on this twenty-eighth day of May, 
 eighteen hundred and sixty-eight. 
 
 JOHlSr G. PEICB, 
 Secretary of the Convention. 
 
 J. M. PoMEROY, Compiler and Editor. 
 
LIST 
 
 OF THE 
 
 OEDINANCES, 
 PUBLIC RESOLUTIONS, ORDERS,' 
 
 AND 
 
 MEMOEIALS TO CONGRESS, - 
 
 OF THE 
 
 AEKANSAS CONSTITUTIONAL CONVENTION OF 1868. 
 
 [The paging in the List refers to the numbers at top of the page.] 
 
 ORDINANCES. 
 
 No. Pase. 
 
 1. An Ordinance providing and making appropriations for the per diem 
 
 and mileage of members of the Constitutional Convention of the 
 State of Arkansas, and other necessary expenses ... 1 
 
 2. An Ordinance declaring a Public Printer 2 
 
 3. An Ordinance raising revenue for the purpose of defraying expenses 
 
 of Constitutional Convention . . . . . . .3 
 
 4. An Ordinance providing for the per diem and mileage of the members, 
 
 and the per diem of the oflcers, of the Constitutional Convention 
 
 of the State of Arkansas 4 
 
 5. An Ordinance to provide for an election by the voters registered in 
 
 this State, under an Act of Congress entitled "An Act to provide 
 for the more efficient government of the Eebel States," passed 
 March 2d, 1867, and the Acts supplementary thereto . . 5 
 
 6. An Ordinance [to attach Little Kiver County to the Sixth Judicial 
 
 Circuit, and to declare the County-seat thereof] ... 6 
 
 7. An Ordinance [to provide for the publication of notice of election, 
 
 under provisions of Act of Congress, for ratification of the Con- 
 stitution] 6 
 
 8. An Ordinance to defray the expenses incurred under provisions of 
 
 the Schedule to the Constitution, adopted by the Convention 
 February 11th, A.D. 1868 7 
 
 PUBLIC RESOLUTIONS, AND ORDERS. 
 
 No. • Paot. 
 
 [l.J Tax on Eaw Cotton. — A Eesolution recommending the removal of 
 
 the tax on raw cotton . 8 
 
 52 { 817 ) 
 
OEDINAlSrCES, I'UBLIC EBSOLUTIOlSrS, AND MEMOEIALS. 
 
 [2.J Affairs of Little Eock and Fort Smith Eaiiroad. — A Eesolution ap- 
 pointing Commissioners to investigate the affairs of the Little 
 
 Eock and Port Smith Eaiiroad * . 8 
 
 [3.] Adjournment of the Convention. — A Eesolution in relation to the 
 
 final adjournment of the session of the Convention . . 9 
 
 [4. J Continuance of Preedmen's Bureau. — A Eesolution petitioning 
 
 Congress for continuance of the Preedmen's Bureau . . 9. 
 [5.] ^Amalgamation of the Eaees. — A Eesolution respecting amalgama- 
 tion of the white and colored races 10 
 
 [6.] Impeachment of Judges Harrell and Hargrove. — A Eesolution 
 recommending to the General Assembly the adoption of meas- 
 ures to relieve Judges Harrell and Hargrove of disabilities 
 
 imposed by charges of impeachment * 10 
 
 [7.] Vice-Presidents of the Convention. — A Eesolution appointing Yice- 
 Presidents of the^Convention, and prescribing their duties, and 
 
 the order of their precedence 11 
 
 Q8.] Boards of Codification. — A Eesolution prescribing the manner of 
 appointment of Boards to digest and arrange the laws, and 
 to arrange a code of practice, as in the Constitution provided 11 
 [9.] Compensation and mileage of Stenographer. — An Order allowing, 
 to the Stenographic Eeporter of the Convention, mileage, and 
 compensation for time consumed in travel .... 12 
 [10.] Adjournment, sine die, of Convention. — A Eesolution providing for 
 
 the adjournment, sme die, of the Convention .... 12 
 [11.] Vacancies in Board of Commissioners to codify the laws. — A Ees- 
 olution providing for the case of resigination, death, or dis- 
 qualification, of either of the Commissioners appointed to codify 
 
 and arrange the laws 13 
 
 [12.] Printing of Memorials and Ordinances. — A Eesolution providing 
 for the printing of the Memorials and Ordinances of the Con- 
 vention ........... 13 
 
 [13.] Publication and Distribution of Journal. — An Order providing for 
 the printing, indexing, and distribution of the Official Journal 
 
 and Debates of the Convention 13 
 
 [14.] Extra Compensation of Assistant Secretaries. — A Eesolution allow- 
 ing extra compensation to Assistant Secretaries of the Conven- 
 tion ............ 14 
 
 MEMORIALS TO CONGRESS. 
 
 No. _ Pjob. 
 
 [1.] Memorial respecting the tax on cotton 15 
 
 [2:] Memorial for an appropriation of money for improving the Arkan- 
 sas Eiver, from its mouth to Fort Smith ..... 16 
 [8.] Memorial asking for the amendment of the Bankrupt Laws . . 17 
 [4.] Memorial for the rebuilding of levees on the Mississippi and Ar- 
 kansas Elvers .• 18 
 
 [5.] Memorial for the public sale of the Hot Spring Eeservation in the 
 
 State of Arkansas 19 
 
 { 818 ) 
 
ORDINANCES 
 
 « 
 
 Passed hy the Gonvention which assembled at Little Rock, on the 
 seventh day of January, A.D. 1868, under the provisions of the Act of 
 Congress of March 2d, 1867, and the Acts supplementary thereto, to 
 form a Constitution for the State of Arkansas, and adjourned (subject, 
 within one year, to the call of the President, or, in case of his absence 
 or disability, of either of the Vice-Presidents, thereof J on the lAth day 
 of February, A.D. 1868. 
 
 Thomas M, Bowen, President of the Convention. 
 
 No. 1. 
 
 gin ®riinHnt[iJ 
 
 Providing and making appropriations for the per diem jan. is, ises. 
 and mileage of members of the Constitutional Conven- 
 tion of the State of Arkansas, and other necessary ex- 
 penses. 
 
 Be it ordained by the people of Arkansas, in Convention assembled : 
 Tha't there is hereby appropriated out of the Treasury, the AppropriaMon^ 
 sum of seventy-five thousand dollars, for the purpose of pay- tmn of deie- 
 iug the per diem and mileage of delegates, and such other ^^^f\^^^^ ^^_ 
 exnenses as mav necessarily be incurred under the provisions penses of reoon- 
 
 r J •/ • 1 f ii -o; •„ 4- struetion. 
 
 of an Act entitled an " Act to provide for the more efficient 
 G-overnment of the Rebel States," passed March 2d, 1867 : 
 that it is hereby made the duty of the Auditor of the State, ^S"/' ^g":^; 
 upon the certificate of the Secretary of the Convention, coun- -^ J-;* °f 
 tersigned by the President, to draw a warrant on the Treas- draw warrants. 
 
 ( 819 ) 
 
OEDINANCES. OF THE 
 
 urer for and in favor of such person or persons, as they may 
 
 certify to be due, for per diem, mileage, or other necessary 
 Treasurer expenses J and it is hereby made the duty of the Treasurer of 
 make"payment. the State, upou the presentation of such warrant, to pay the 
 
 same out of any money now in the Treasury, not otherwise 
 
 appropriated by law. 
 
 Passed January 18th, 1868. 
 
 No. 2. 
 
 gin ®rdiitani[^ 
 
 Jan. 20, 1868. Declaring a public printer. 
 
 Be it ordained by the jpeople of Arkansas in Convention assembled: 
 John G. Price That Johu G. Price is hereby declared Public Printer of this 
 PrinTet to Con- Convention, and also for the State of Arkansas ; and that all 
 State"" """^ printing of laws, journals, and other proceedings and legal 
 advertisements, which. is by law made the duty of the State 
 Rates of com- printer, shall be transferred to him ; and that he shall receive 
 Sec! trconven- thcrefor the rates now prescribed by law. And it is hereby 
 %l\ '° T^G^ niade the duty of the Secretary of this Convention to notify 
 officials of pas- all State and county officials of the passage of this Ordinance, 
 dif ance. " ^ which shall take effect from and after its passage. , 
 
 When to take 
 effect. 
 
 Passed January 20th, 1868. 
 
 ( 820 ) 
 
ARKANSAS CONSTITUTIOKAL CONVENTION, 1868. 
 
 No. 3. 
 
 gin ®di 
 
 Raising revenue for the purpose of defraying expenses Jan. 24, ises. 
 of Constitutional Convention. 
 
 Be it ordained by the people of the State of Arkansas, in Conven- 
 tion assembled : That there is hereby levied upon the taxable Levy of tax of 
 property of said State, one-fourth of one per cent., for the pur- to defray ex- 
 pose of defraying the- expenses incurred under the provisions gt™^e\^io°n.™'"'" 
 of an Act of Congress entitled " An Act to provide for the 
 more eflicient government of the Rebel States," passed March 
 second, eighteen hundred and sixty-seven, and Acts of Con- 
 gress supplemental and amendatory thereto. And that the Tax to be ooi- 
 officers now provided by law for the collection of taxes, shall in by June 1, 
 collect and pay the same into the Treasury of the State, on or ^®-^^' 
 before the first day of June, eighteen hundred and sixty-nine. 
 
 And be it further ordained: That the Auditor of said State is Auditor, on oer- 
 
 •^ ... , „ . M „ tifloateofPres't 
 
 hereby directed to issue ms warrant upon the treasurer 01 and seo. of Con- 
 said State, for such amounts as the President and Secretary ^rantforex* 
 of the Convention may certify to be due to any person or per- P^^oUon'^""" 
 sons, for expenses or services incurred under the provisions of 
 the aforesaid Act. Upon the receipt of the warrant aforesaid, Treasurer 
 
 . .7. ,, J. n thereupon to is- 
 
 the Treasurer will issue his certificate, payable out ot any sue certificate : 
 funds, arising from taxation, that may come into the Treasury f^nd" paylbie* 
 after the passage of this Ordinance. 
 All collectors of taxes shall receive the warrants of the Treasurer's 
 
 warrants, so is- 
 
 Treasurer of said State, issued as aforesaid, m payment of the sued, receiva- 
 tax levied by the Ordinance, or for any taxes due to said taxes." 
 
 State. 
 
 That the amount to be levied by the provisions of this Or- AmtMevied, to 
 dinance shall be placed upon the Tax-Books for the year Tax Books for 
 eighteen hundred and sixty-eight, by the officers now desig- 
 nated bv law. And it is hereby made the duty of the Auditor Auditot to ap- 
 
 J . •' , -.j_, portion tax. 
 
 of State to make the apportionment among the difterent coun- 
 ties of the State, in proportion to the valuation of taxable prop- 
 erty in said counties. 
 
 Passed January 24th, 1868. 
 
 ( P'^i ) 
 
OEDINAlSrCES OP THE 
 
 No. 4. 
 
 gilt ®rimHn([^ 
 
 Jan. 25, 1868. Providmg for the per diem and mileage of the mem- 
 bers, and the per diem of the officers, of the Constitu- 
 tional Convention of the State of Arkansas. 
 
 Be it ordained by the people of the State of Arkansas, in Consti- 
 Compensation tutioual Couvention assembled: First, That the compensation of 
 Convention, for the members of this Convention shall be eight dollars per diem 
 Anrtimroon- during the actual sitting of the Convention, and the same 
 sumed in travel, amouut per diem for each day's travel in coming to and re- 
 turning from the said Convention, estimating thirty miles to 
 be a day's travel, and computing the same by the nearest and 
 most practicable route furnishing public transportation. Also, 
 Mileage. mileage each way, at the rate of twenty cents per mile, by the 
 
 same route : 
 Compensation SecoTid, The compensation of the Chaplain shall be eight 
 Chaplain. dollars per diem, with the same mileage as allowed to mem- 
 bers: 
 Compensation Third, The compensation of the Secretary shall be twelve 
 Conv°entiM. "^ dollars per diem; that of the Assistant Secretaries,* Sergeant- 
 at-Arms, Assistant Sergeant-at-Arms, Doorkeeper, Assistant 
 Doorkeepers, and Postmaster, eight dollars per diem; and that 
 of the Pages, three dollars per diem : 
 Compensation Fowth, The compensation of the President shall be double 
 Pres ™'oTl3on- that received by the members, with the same mileage as al- 
 ^^^"t'""' lowed to them. 
 
 Passed January 25th, 1868. 
 
 * See Public Eesolution No. 14. 
 
 ( 822 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 No. 5. 
 
 gin ®rii 
 
 To provide for an election by the voters registered in Feb. ii, ises. 
 this State, under an Act of Congress entitled "An Act to 
 provide for the more efficient government of the Rebel 
 States," passed March 2d, 1867, and the Acts sujrplement- 
 ary thereto. 
 
 Section One. Be it ordained, That any voter registered Registered vo- 
 
 ' . ter may vote up- 
 
 under the provisions of an act of Congress entitled an " Act on ratification, 
 to provide for the more efl&cient gove/nment of the rebel where^hr'J^ay 
 States," passed March 2nd, 1867, and the supplementary acts ^-^^ eLtlon' "^ 
 thereto, shall be permitted to vote in any county in this State, 
 where he may be at the time of the election, upon the ratifica- 
 tion of the Constitution framed by this Convention. 
 
 Section Two. That in voting for or against the ratification of style of baiiot. 
 this Constitution, the words "For Constitution," or "Against 
 Constitution" shall be written or printed on each ballot ; but no No vote for offi- 
 person shall vote, at the polls provided for by this ordinance, at"eiectio^n in 
 for any State or county officer prescribed in said Constitution. p^j,^ded f^r""* 
 
 Section Thkee. Said election shall be held at such times Times ana 
 and places as maybe designated by the Board of Commis- election "to \e 
 sioners appointed under the provisions of the schedule to the g^tfrof CoS^ 
 Constitution submitted by this Convention to the people. * missioners. 
 
 Section Four. The secrecy of the ballot shall be preserved Secrecy of the 
 
 ^ . ,1 1 !_• jxi in ballot to be in- 
 
 inviolate. ISTo Judge, mspeetor, or other election officer, shall yjoiate. 
 mark or deface or furnish to be marked or defaced, any ballot 
 cast at the poll at which he is acting, whereby, may be ascer- 
 tained the manner any elector voted. 
 
 Appended to the Constitution. 
 
 Passed February 11th, 1868. 
 
 ( 823 
 
OEDIISTANCBS OF THE 
 
 No. 6. 
 
 Feb. 11, 186S. 
 
 Little River Co '"^^ *' ovdamed by the Constitutional Convention of the State of Ar- 
 attaohed to 6th kansas : 1st. That Little River County be, ' and the same is 
 ouit. '^ hereby, attached to the Sixth Judicial Circuit of this State. 
 
 Rocky Comfort 2d. That Rocky Comfort be, and the same is hereby, de- 
 
 deolared Coun- .j j j i 
 
 ty-seat. clarcd the County-seat of said County. This Ordinance to 
 
 main in force remain ic, and have, full force and effect, until otherwise 
 mreJte'd'''™by directed by the General Assembly of this State. 
 
 Gen. Assembly. 
 
 Passed February 11th, 1868. 
 
 No. 7. 
 
 Feb. II, 1868. 
 
 Notice of time Be it Ordained and established: That the notice of the time of 
 
 of submission of»,.. ^ ni 
 
 Constitution to submittmg the Constitution for Arkansas, framed and adopted 
 Scordanoewith M t^^is Couvcntion, for ratification, as required by the Act of 
 Actof Congress. Cougress entitled "An Act for the more efficient government 
 of the Rebel States," be given by the President of this Con- 
 j'ubiication. ventiou, countersigned by the Secretary; and that copies there- 
 of be furnished to all tlie newspapers in the State ; and that 
 the same be published in all of the said newspapers, as soon as 
 practicable after the issue thereof. 
 
 Passed February 11th, 1868. 
 ( 824 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 
 
 No. 8. 
 
 To defray the expenses incurred under provisions of Feb. u, 1868. 
 the Schedule to the Constitution, adop'ted by the Conven- 
 tion February 11th, A.D., 1868. 
 
 Section One. Be it ordained: That all accounts of the Board Aoots. of Com- 
 missioners, ana 
 of Commissioners, and expenses in carrying out the provisions expenses under 
 
 of said Schedule, appointed under provisions of the Schedule certified.' 
 
 to the Constitution,.adopted by this Convention February 11th, 
 
 1868, shall be certified to by the President and signed by the 
 
 Secretary of this Convention. 
 
 Section Two. When said accounts, for said expenses, are Auditor to is- 
 presented to the Auditor of State, he shall issue his warrant on irealurer." 
 the Treasurer of State, who shall pay the same out of the ap- ^^^^^™™^ ^^, 
 propriation for paying the expenses of this Convention. propriation for 
 
 Section Thkeb. Said Auditor's warrants shall be receivable vention. 
 by all Sheriffs, or other tax-collectors, or Treasurer of the 4nt8!To'is8ued^ 
 State, for all State taxes, now' due or which may hereafter «;^7^^^"^g. ^"^ 
 become due. 
 
 Section Four. In case said Auditor of State refuses or de- Case of refusal 
 
 • J -D J jy "^ Auditor to 
 
 chnes to audit said accounts or expenses, the said isoara 01 audit the aoots. 
 Commissioners shall issue their warrants, approved by the 
 President and signed by the Secretary of this Convention, for 
 
 • 111" *V arrSilits 01 
 
 the same. Said warrants, of said Commissioners, shall, in commissioners, 
 like manner as provided in Section Three thereof, be receiv- '"^^^f^/^^^^^t 
 able for all State taxes now due, or that may hereafter become for state taxes. 
 due. 
 
 Passed February 14th, 1868. 
 
 ( 825 ) 
 
PUBLIC EBSOLUTIONS, AKD OEDBES, OF THE 
 
 PUBLIC EESOLUTIONS, AND ORDEKS, 
 
 Passed bt the Constitutional Convention of the State 
 OF Arkansas, 1868. 
 
 [No. 1.] 
 
 Jan. 9, 1868. A Resolution recommending the removal of the tax on raw 
 cotton. 
 
 Hardship of tax Hesolved : That it is the opinion of the members of this 
 Convention, that the tax on raw cotton should be removed ; 
 that it bears heavily on the laboring classes of this State ; at a 
 time, too, when, from the almost complete failure of the crops, 
 the very means of livelihood of the people would seem to be 
 
 Culture of cot- almost cxhausted; and its continuance can only have the effect 
 
 iy° prohibited o^ practically prohibiting the culture of the staple during the 
 
 thereby. present and succeeding years. 
 
 Copy of resoiu- Eesolved : That the Secretary be directed to forward a copy 
 
 tion to be for- ^ , . , . , „ 
 
 warded to Sen- ot this resolutiou to the Senate of the United States. 
 
 ate U. S. 
 
 Adopted January 9th, 1868. 
 
 [No. 2.] 
 
 Jan. 17, 1868. A Besolutiou appointing Commissioners to investigate the 
 affairs of the Little Rock and Fort Smith Railroad. 
 
 commrssrners'^ ResGlved : That Thomas M. Bowen, W. C. Adams, and G. 
 IffairsTi!' r!& ^- Smith, be, and are hereby, appointed Commissioners to 
 F. s. R. R. investigate the affairs of the Little Rock and Fort Smith 
 Their powers. Railroad, with power to send for persons and papers, compel 
 ( 826 ) 
 
AEKANSAS COlSrSTITUTIOlSrAL CONVENTION, 1868. 9 
 
 the attendance of witnesses, &c., and report to the next Legis- To report to 
 
 - , r» A 1 Legislature. 
 
 lature or Arkansas. 
 
 Provided, That.no expense shall be incurred by the State, Proyiso, re- 
 
 ' -^ J 7 epeoting ex- 
 
 by reason of the attendance of witnesses, or otherwise. pense to state. 
 
 Adopted January 17th, 1868. 
 
 [No. 3.] 
 
 A Resolution in relation to the final adjournment of the ses- Jan. so, ises. 
 sion of the Convention. 
 
 Resolved: That when the Convention finally adjourns it shall ^"^^""^^bjecl 
 be at the call of the President, whose duty it shall be to con- to oaii of Presi- 
 voke the Convention, in case the Constitution should not be who' stall re- 
 ratified, for the purpose of taking such steps as may be neces- easJof 'ejection 
 sary, for the formation of civil government for the State of °f Constitution. 
 Arkansas. He shall also, in that case, call upon the proper Elections to eu 
 
 ■, . 1 1 1 1 J. J211 Tacancies in 
 
 officer of the State to cause elections to be held to tiil any va- convention. 
 cancies that may exist in the Convention. 
 
 Adopted January 30th, 1868. 
 
 [No. 4.J 
 
 A Resolution petitioning Congress for 'continuance of the Feb. i, ises. 
 Freedmen's Bureau. 
 
 Congress peti- 
 
 Resolved: That Ci)ngress is hereby petitioned to continue «-«<! *«;-; 
 the Freedmen's Bureau until reconstruction is accomplished, men's Bureau. 
 
 Adopted February 1st, 1868. 
 
 ( 82? ) 
 
10 PUBLIC EBSOLUTIONS, AND OEDEES, OF THE 
 
 [No. 5.] 
 
 Feb. 5, 1868. A Resolutwn respecting amalgamation of the white and col- 
 ored races. 
 
 Amalgamation Resolved: That this Convention is utterly opposed to all 
 con emne . amalgamation between the white and colored races, whether 
 Gen. Assembly the samc is legitimate or illegitimate. We would therefore 
 tr^^oT laws recommend that the next G-eneral Assembly enact such laws 
 governing the ^^ ^^^ effectually govem the same. 
 
 Adopted February 6th, 1868. 
 
 [No. 6.] 
 
 Feb. 11, 1868. A Resolution recommending to the General Assembly the 
 adoption of measures to relieve Judges Harrell and 
 Hargrove of disabilities imposed by charges of impeach- 
 ment. 
 
 Preamble : im- Wfiereus, a body of men, styling themselves the Legislature 
 judgtrHarreu of Arkansas, assembled at the City of Little Rock, in the years 
 and Hargrove, jf^j) igQQ ^nd 1867, preferred charges against and attempted 
 to impeach the Hon. Elias Harrell, Judge of the Eighth Judi- 
 , cial Circuit, and also A. H". Hargrove, Judge of the Mnth 
 
 Charges de- Judicial Circuit, of this State : 
 
 ous^^andToundi AtuI whereos, it is believed that said charges are malicious, 
 ed in prejudice and foundcd in prejudice. to loyalty: 
 
 Gen. Assembly Therefore, Resolved : That it is the sense of this Convention 
 to" remove *dis- that the ucxt General Assembly, upon its assembling, and 
 posed'*' ™' ■^itliout delay, take measures to relieve said Harrell and Har- 
 grove of the disabilities 'imposed by said charges. 
 
 Adopted February 11th, 1868. 
 
 { 828 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 11 
 
 [No. 7.] 
 
 A Resolution appointing Vice-Presidents of the Convention, Feb. ii, i868. 
 
 and prescribing their duties, and the order of their pre- 
 cedence. 
 
 Resolved: That it is the sense of this Convention that J. L. vioe-?residents 
 Hodges, John McClure, Joseph Brooks, 0. P. Snyder, George appointed. 
 S. Scott, and Walter "W. Brashear, be made Vice-Presidents 
 of this Convention ; whose duty it shall be, in case of the Pres- Their powers 
 ident's absence, or inability to perform the duties of his office, 
 to have all the power of, and discharge all the duties incum- 
 bent upon, the President. Provided, That they shall take pre- Proviso : Order 
 cedence, in the discharge of those duties, in the order in which ° ^^^"^ *°°°" 
 their names are here inserted. 
 
 Adopted February 11th, 1868. 
 
 [No. 8.] 
 
 A Resolution prescribing the manner of appointment of Boards Feb. ii, i868. 
 to, digest and arrange the laws, and to arrange a Code 
 of Practice, as in the Constitution provided. 
 
 « 
 Resolved: That the Boards to digest and arrange the laws, President of 
 
 . . Convention to 
 
 and to arrange a code of practice, as provided in the Oonsti- appoint the 
 tution, be appointed by the President of the Convention.* fy°statutes°and 
 
 arrange Codp of 
 
 Adopted February 11th, 1868. Pvo-cuce. 
 
 * In accordance witli the provisions of this Besolutlon, the President of the Convention, 
 on Feb. 12th, 1868, appointed the Boards specified, as follows: To Revise and Re-arrange 
 the Statute Laws of the State : Messrs. O. P. Snyder, John McClure, and Cliflford Stanley 
 Sims. To Prepare a Code of Practice : Messrs. B. F. Eioe, James Hinds, and J. N. Sarber. 
 
 ( 829 ) 
 
12 PUBLIC EBSOLUTIONS, AISTD OEDBES, OF THE . 
 
 [No. 9.] 
 
 Feb. 12, ]86g. An Order allowing, to the Stenographic Reporter of the 
 Convention, mileage, and compensation for time, consumed in 
 travel. 
 
 stenographic Ordered : That the Stenographic Reporter, in addition to his 
 celvecompenaa- Compensation for services in reporting the debates and pro- 
 ooD"umed *"iu cecdings of the Convention, be allovyed compensation, at his 
 travel. usual professional rates, for the length of time actually and 
 
 necessarily consumed in travelling to and from the session of 
 Mileage. the Convention, and mileage, at the rate of ten cents per mile, 
 
 for each mile necessarily travelled. 
 
 Passed February 12th, 1868. 
 
 [No. 10.] 
 
 Feb. 12, 1868. A Resolution providing for the adjournment, sine die, of the 
 Convention. 
 
 Convention, if Resolvedi That in case this Convention is not called together 
 gether" withi"n by the President, or one of the Vice-Presidents, as contem- 
 ■adIo/rnmen't,T P^^*®"! ^'^ rcsolutlon upou adjournment, passed by this Con- 
 «:«f^?f''°"™°'* vention on January 31st, A.D., 1868, within one year from 
 the date of said adjournment, it shall stand adjourned sine die. 
 
 Adopted February 12th, 1868. 
 
 ( 830 ) 
 
AEKANSAS CONSTITUTIONAL OONVENTIOlSr, 1868. 13 
 
 [No. 11.] 
 
 A Resolution providing for the case of resignation, death, or Feb. 12, isbs. 
 disqualification, of either of the Commissioners ap- 
 pointed to codify and arrange the laws. 
 
 Resolved: That should any one or more of the Commission- Vacancies in 
 ers, appointed to codify and arrange the laws, resign, die, or Nation 'of'^Stat- 
 otherwise become disqualified to act, the balance of the Com- "'^^' '"'^ ^"^'^• 
 mission shatl have power to appoint a suitable person, or per- 
 sons, to fill the Commission. 
 
 Adopted February 12th, 1868. 
 
 [No. 12.] 
 
 A Resolution providing f&r the printing of the Memorials Feb. 12, ises. 
 and Ordinances of the Convention.. 
 
 Resolved: :That five hundred copies of all memorials and Memorials and 
 
 ■■■ _ ordinances to be 
 
 ordinances be printed for the use of the members of this Con- printed for use 
 
 ' • of members. 
 
 vention. 
 Adopted February 12th, 1868. 
 
 [No. 13J 
 
 A71 Order providing for the printing, indexing, and distri- Feb. n, 1868. 
 hution, of the Official Journal and Debates of the Con- 
 vention. 
 
 Ch'dered: That the Secretary of this Convention superintend Sec. of Conven- 
 
 ty/ u-c/ cLi, . j.x±€Aiu K. J T -r^ 1 i? , n . r\ tion to.superin- 
 
 the printing of the Official Journal and Debates ot this Con- tend printing of 
 vention ; and that for his services in copying said Journal and b^Js"'''"'"^^" 
 
 Debates, reading proof-sheets, and distributing the volumes, Compensation 
 
 ( 831 ) 
 
14 PUBLIC EBSOLUTIONS, AND OEDBES, OP THE 
 
 he be allowed such reasonable customary fees as the President 
 of this Convention may award him therefor. 
 To employ a, Ordered: That the Secretary be authorized to employ a 
 arsarne" " *^ Suitable person to prepare a full index to the Journal and De- 
 bates, at the usual compensation for such services. 
 1000 copies to Ordered: That one thousand copies of the Official Journal 
 distribution to and Debates of this Convention be printed, and distributed to 
 sta^e'^' "^ ""^ tlie several Counties of this State in the ratio of their repre- 
 sentation in this Convention. 
 Distribution of Ordered : That the Secretary have five copies of said Official 
 
 copies to mem- _ , ,,, 
 
 bers and officers Joumal and Dcbatcs neatly, bound for each delegate and of- 
 pibiiou^bra'ri'es', ^^^^ o^ ^^^^ Convention, and shall transmit sucli copies to 
 **"• such delegates and officers, by mail, as soon as practicable ; 
 
 and that copies, similarly bound, shall be furnished as follows : 
 to the Supreme Court Library, five copies ; to the office of 
 the Secretary of State, for permanent preservation and refer- 
 ence* twenty copies ; and to each of the several public libraries 
 in the United States, one copy each. 
 
 Passed February 13th, 1868. 
 
 [No. 14] 
 
 Feb, 13, 1868. A Besolutiou allowing extra compensation to Assistant Sec- 
 retaries of the Convention. 
 
 Asst. Seoreta- Resolved : That in consideration of the extraordinary work 
 
 ries to be paid ™ ii-n*- tt r^ -r , ,.„„ "' 
 
 ten dollars per performed by Messrs. H. St. John and F. E. Wright, Assist- 
 day^ mstead of g^^^ Secretaries, they be paid ten dollars per day, instead of 
 eight. 
 
 Adopted February 13th, 1868. 
 
 ( 832 ) 
 
AEKANSAS COITSTITUTIONAL CONTENTION, 1868. 15 
 
 MEMORIALS 
 
 %'!kmti> to % Conjnsj d i\tM. $., 
 
 By the Constitutional Convention of the State of 
 Arkansas, 1868. 
 
 [No. L] 
 
 To the Congress of the United States, respecting the 
 Tax on Cotton, 
 
 To the Honorable the Senate and the House of JRepresentatives of Jan. is, ises. 
 the United States : 
 
 The Constitutional Convention of the State of Arkansas 
 would respectfully represent, that the present tax on raw cot- 
 ton is greatly detrimental to the present and future interest 
 of the people of this State. 
 
 A large majority of those engaged as laborers in the cul- 
 ture of this, the chief staple of the State, are now destitute, 
 and out of employment ; in a great measure owing to the fact 
 that the present high tax renders its production unprofitable. 
 The crop just gathered, has produced an average price of 
 twelve cents per pound. Out of this, the producer has to pay 
 between four and five cents per pound, for freight, tax, com- 
 mission, and storage; leaving a net price of from seven to 
 eight cents per pound. 
 
 53 ( 833 ) 
 
16 MBMOEIALS ADDEESSBD TO CONGEESS BY THE 
 
 Jan. 18, 1868. Should fuU crops be raised every year, it might be possible 
 to grow the cotton, pay the tax, and still leave the producer a 
 sm.all profit; but it must be recollected that, three years out of 
 five, barely half a crop is made, though of course the neces- 
 sary expenses are always the same. 
 
 It may be argued that the present price equals that received 
 before the war; but we must recollect that now, the price' of 
 labor, provisions, and clothing, are nearly one hundred per 
 cent, higher than before the war. 
 
 We can but express our firm conviction that unless the tax 
 is removed, the culture of cotton will necessarily cease, lifo 
 one will willingly enter into a business in which the tax ex- 
 hausts all the margin which is left, over the. cost of produc. 
 tion. And therefore we would respectfully and urgently ask 
 for the immediate removal of this burden. 
 
 Unanimously Adopted January 18th,. 1868. 
 
 [No. 2.] 
 
 To the Congress of the United States, for an appropria- 
 tion of money for improving the Arkansas River, from its 
 mouth to Fort Smith. 
 
 Jan. 24, 1868. To the Honorable, the Senate and House of Representatives, in Con- 
 gress assembled : 
 
 Your memorialists, the Constitutional Convention of the 
 State of Arkansas, respectfully represent that the Arkansas 
 River, during the season of low water, is so obstructed by 
 snags and sand-bars, as to render the navigation difficult and 
 hazardous ; but that by the appropriation and proper outlay of 
 a small sum of money, the said river, between the points desig- 
 nated, could be rendered navigable during the entire season, 
 and would open a thoroughfare of inland communication to a 
 ( 8.S4 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 17 
 
 rich agricultural district, facilitate the transportation of the Jan. 24, ises. 
 mails, and afford to the settlements embraced in the country 
 tributary to the Arkansas, the speedy development of the vari- 
 ous resources of that section of the country, abounding in 
 lumber, agricultural, and mineral wealth, besides aftbrding 
 facilities for reaching the trade and exchange of the Indian 
 country west, and affording to the Government a more speedy 
 access to that region. 
 
 Your memorialists, therefore, ask that an appropriation of 
 one hundred thousand dollars (100,000) be made for the im- 
 provement of said river. And your memorialists will ever 
 pray. 
 
 Adopted January 24th, 1868. 
 
 [No. 3.] 
 
 To the Congress of the United States, asking for the 
 amendment of the Bankrupt Laws. 
 
 To the Memorable, the Senate and House of Representatives of the jan. 25, 1868. 
 United States, in Congress assembled : 
 
 The Constitutional Convention of the State of Arkansas 
 would respectfully represent, that there are a large number of 
 citizens of the State who are unable to avail themselves of the 
 benefits of the « General Bankrupt Act," for the reason of the 
 expenses attendant on obtaining the same. Your memorial- 
 ists would, therefore, ask that the general Bankrupt Law be 
 so amended as to provide, in cases where there are no assets, 
 that the person desiring to avail himself of the benefits thereof, 
 may go before the Clerk, or other proper officer, and, having 
 rendered his schedule, be relieved from all debts and liabilities, 
 without further cost or expenses. 
 
 Adopted January 25th, 1868. 
 
 ( 835 ) 
 
18 MBMOEIALS ADDEESSBD TO CONGEBSS BY THE 
 
 [No. 4.] 
 
 To the Congress of the United States, for the rebuild- 
 ing of Levees on the Mississippi and Arkansas Rivers. 
 
 Jan. 31, 1868. To the Honorable, the Senate and House of Representatives, in Con- 
 " gress assembled : 
 
 Your memorialists, the Constitutional Convention of the 
 State of Arkansas, respectfully represent that the Misissippi 
 and Arkansas Rivers, during the season, inundate the lands 
 along their course, rendering a vast extent of country almost 
 entirely useless and valueless for purposes of agriculture, but 
 which, otherwise, would be as productive as any lands in the 
 world. 
 
 That by the appropriation and proper outlay of three mil- 
 lion nine hundred thousand dollars, the levees along the 
 Mississippi and Arkansas Rivers, in the States of Arkansas, 
 Mississippi, and Louisiana, could be rebuilt; thus effectually 
 preventing inundation, and rendering valuable, and susceptible 
 of cultivation, the entire region lying along the same. 
 
 The cotton crop of 1860, grown in that portion of the allu- 
 vial region above the mouth of Red River, and where it is 
 proposed to make the repairs, exceeded six hundred thousand 
 bales, which, at the present average price, would produce 
 thirty million dollars. 
 
 The sugar crop of 1860, grown in that portion of the allu- 
 vial region below the mouth of the Red River, and where it 
 is proposed to make the repairs, amounted to two hundred 
 and forty thousand hogsheads, with the addition of three hun- 
 dred and seventeen thousand barrels of molasses, which, at 
 present prices, would produce fifty million dollars. A tax 
 of twenty-five cents per acre on the lands to be benefited by 
 the proposed levees, would, it is estimated, pay the incurred 
 expense, and the future value of the property be quadrupled. 
 ( 836 ) 
 
AEKANSAS CONSTITUTIONAL CONVENTION, 1868. 19 
 
 The tax could, to render it secure, be declared a preferred J""- ^i, ises. 
 lien on all property on which it might be levied. 
 
 Your memorialists would further represent that thousands 
 of laborers are now needing employment, and that their labor 
 could be used in this work with great advantage to the coun- 
 try ; though nothing but E^ational co-operation could accom- 
 plish it. 
 
 Tour memorialists therefore ask that an appropriation of 
 three million nine hundred thousand dollars may be made for 
 the rebuilding of the levees in the States of Arkansas, Missis- 
 sippi, and Louisiana. 
 
 Adopted January 31st, 1868. 
 
 [No. 5.] 
 
 ^mortal 
 
 To the Congress of the United States, for the public 
 sale of the Hot Spring Reservation, in the State of Ar- 
 kansas. 
 
 To the Honorable, the Senate and Mouse of Representatives of the Feb. «, 1868. 
 United States, in Congress assembled: 
 
 Your memorialists, the Constitutional Convention of the 
 State of Arkansas, respectfully represent, that the public reser- 
 vation known as the Hot Spring Reservation, comprising all 
 that portion of the public domain situated in Sec. 28, 29, 32, 
 33, in Township 2, south; and 4 and 6, in Township 3, south of 
 Range 19, west, in the State of Arkansas, is now held and oc- 
 cupied without color of title, by various persons, whose claims 
 have never been acknowledged by the United States Govern- 
 ment. That the public interest, and humanity, require that 
 
 ( 837) 
 
20 MBMOEIALS ADDEBSSBD TO CONGEBSS. 
 
 Feb. 6, 1868. gaid Springs be made available for public use ; and the wel- 
 - fare and settlement of the State is in a great measure depen- 
 
 dent upon it. We would, therefore, ask that the same be sold, 
 under the direction of the Secretary of the Interior, to the 
 highest bidder or bidders, for cash, after having been laid out 
 into streets, blocks, and lots or parcels of ground, of such form 
 and area as will best facilitate the construction of a town. 
 
 That the proceeds arising from the sale of the same, be 
 invested in United States securities, and held in trust until 
 otherwise provided by law ; and that the accruing interest 
 upon said securities be applied to the Common-School Fund 
 for the education of all the children of the State. And your 
 1 memorialists will ever pray. 
 
 Adopted February 6th, 1868. 
 
 ( 838 ) 
 
INDEX 
 
 FOREGOING ORDINANCES, PUBLIC RESOLUTIONS, AND 
 MEMORIALS, OF THE CONSTITUTIONAL 
 
 CONVENTION OF ARKANSAS, 1868. 
 
 [Note. — In this Index, the references are to the numbers at top of the pages containing 
 the Ordinances, Eesoliitions, and Memorials. The abbreviations "Ord.," "Ees.," and 
 " Mem.," respectively, signify Ordinance, Eesolution (or Order), and Memorial.] 
 
 A. 
 
 Doc. No. Page 
 
 Accounts of OommisBioners of Election Ord 8 7 
 
 for expenses under Schedule . . . . , Ord 8 7 
 
 Adams, W. C, appointed one of the Commissioners to investi- 
 gate affairs of Little Eock and Ft. Smith E. E. . . Ees 2 8 
 Adjournment of Convention, subject to call of the President . . Ees 3 9 
 to be sine die, if Convention not convoked within one 
 
 year Ees 10 12 
 
 Amalgamation between white and colored races, Eesolution in 
 
 reprobation of Ees 
 
 General Assembly recommended to enact laws effect- 
 ually governing Ees 
 
 Appropriation for per diem and mileage of members, and other 
 
 expenses of Convention Ord 
 
 for expenses of Convention, — Accounts of Commis- 
 sioners of Election, and expenses under Schedule, i 
 to be paid from Ord 
 
 Arkansas Biver, navigation of. Memorial to Congress for ap- 
 propriation to improve Mem 
 
 Memorial to Congress for rebuilding levees on . . Mem 
 
 Auditor of the State, on certificate of Secretary, countersigned 
 by President of Convention, to draw warrants for 
 per diem and mileage of members, and other neces- q^.^ 
 sary expenses of reconstruction r q^^ 
 
 ( 839 
 
 10 
 10 
 
 2 
 
 16 
 
 4 
 
 18 
 
 1 
 
 1 
 
 3 
 
 3 
 
22 INDEX TO OEDmAKCES, ETC. 
 
 Doc. No. Pabe 
 Auditor of the State to make apportionment among the differ- 
 ent counties of tax levied for defraying expenses of 
 Convention Ord 3 3 
 
 to issue warrant on Treasurer for accounts of Com- 
 missioners of Election, and expenses under 
 Schedule • . . . . Ord 8 7 
 
 Warrants of, issued for accounts of Commissioners 
 of Election, and expenses under Schedule, re- 
 ceivable for State taxes Ord 8 7 
 
 In ease of refusal of, to audit accounts of Commis- 
 sioners or expenses under Schedule, Commissioners 
 to issue warrants Ord 8 7 
 
 B. 
 
 Ballot at election under Act of Congress, for ratification. Style of Ord 5 5 
 
 Secrecy of, to be preserved inviolate Ord 5 5 
 
 not to be marked or defaced by any election oflS.cer . Ord 5 5 
 
 Bankrupt Laws, Memorial to Congress, asking for amend- 
 ment of Mem 3 17 
 
 Boards of Commissioners — see Commissioners. 
 
 Boards to codify Statutes and arrange Code of Practice, Presi- 
 dent of Convention to appoint Ees 8 11 
 
 Board to codify and re-arrange the laws, vacancies in, to be 
 
 filled by the other members of Board Res 11 13 
 
 Bowen, Thomas M., appointed one of the Commissioners to 
 investigate affairs of Little Rock and Port Smith 
 E. E Ees 2 8 
 
 Brashear, Walter W-, appointed one of the Yice-Presidents of 
 
 Convention. (See President of Convention.) . . Ees 7 11 
 
 Brooks, Joseph, appointed one of the Vice-Presidents of Con- 
 vention Ees 7 11 
 
 C. 
 
 Qertificates — see President of Convention, and Secretary of Convention. 
 
 Chaplain to the Convention, Compensation and mileage of . Ord 4 4 
 
 Code of Practice, Board to arrange, President of Convention 
 
 to appoint Ees 8 11 
 
 Codification of Statutes, Board of Commissioners of, President 
 
 of Convention to appoint Ees 8 11 
 
 Collection of tax, — see Tax. 
 
 Collectors of taxes to receive for State taxes, warrants of 
 Treasurer, issued under Ordinance raising revenue 
 
 for defraying expenses of Convention Ord 3 3 
 
 to receive for State taxes, Auditor's warrants, issued 
 for accounts of Commissioners of Election and ex- 
 penses under Schedule Ord 8 7 
 
 ( 840 ) 
 
INDEX TO OEDINANCBS, ETC. 23 
 
 Soc. Ko. Faqb 
 Commissioners of Election to designate times and places of 
 election, under Ordinance, for ratification of Con- 
 stitution Ord 5 5 
 
 Accounts of, and expenses in carrying out provisions 
 
 of Schedule Ord 8 7 
 
 to issue warrants on Treasurer, in case of refusal of 
 
 Auditor to audit their accounts Ord 8 7 
 
 Warrants of, issued for their accounts, or for ex- 
 penses under Schedule, in case of refusal of Auditor 
 to audit the same, receivable for State taxes . . Ord 8 7 
 Commissioners to investigate affairs of Little Rock and Fort 
 
 Smith Eailroad Res 2 8 
 
 Common-School Fund, Congress memorialized to apply pro- 
 ceeds of proposed sale of Hot Springs to . . . Mem 5 20 
 Compensation of members of Convention, Ordinance making 
 
 appropriations for Ord 1 1 
 
 for public printing, Rates of Ord 2 2 
 
 ) Ord 4 4 
 of President, members, and officers, of Convention . \ -^ ^^ j^ 
 
 of Stenographic Reporter Res 9 12 
 
 of Secretary of Convention for superintending print- 
 ing of Journal and Debates Res 13 13 
 
 of Assistant Secretaries of Convention to be ten dol- 
 lars per day, instead of eight Res 14 14 
 
 Congress petitioned to continue Preedmen's Bureau until ac- 
 complishment of reconstruction Res 4 9 
 
 Memorials to — See the list of Memorials, prefixed. 
 Constitution, Ordinance providing for election for ratification of Ord 5 5 
 ratification of. Voter registered under Reconstruc- 
 tion Acts may vote on, at election under Ordi- 
 nance, in any county where he may be at the time Ord 5 5 
 Notice of submission of, to the people, Ordinance pro- 
 viding for Ord 7 6 
 
 Convention, Seventy-five thousand dollars appropriated to pay 
 
 per diem and mileage of delegates to the, etc. . . Ord 1 1 
 John G. Price appointed PubHc Printer to the . . Ord 2 2 
 expenses of, Ordinance raising revenue for defray- 
 ing the Ord 3 3 
 
 Compensation and mileage of members and officers of Ord 4 4 
 
 to adjourn subject to call of President Res 3 9 
 
 to be convoked in case of rejection of Constitution . Res 3 9 
 
 Yacancies in, how to be filled Ses 3 9 
 
 Vice-Presidents of, appointed . . : Pes 7 11 
 
 if not convoked within one year from adjournment, 
 
 to stand adjourned sine die I^es 10 12 
 
 Memorials and Ordinances of, to be printed for use 
 of members Res 12 18 
 
 ( 841 ) 
 
24 IKDBX TO OEDINANCBS, ETC. 
 
 Doc. No. -PAflE 
 Convention, Members of, to receive five copies, each of Journal 
 
 and Debates Ees 13 14 
 
 Cotton-crop of 1860, grown in alluvial' region above mouth of 
 
 Eed Eiver, Amount and value of Mem 4 18 
 
 Cotton-culture rendered unprofitable by tax on raw cotton . . Mem 1 15 
 
 Estimate of expenses and receipts in Mem 1 15 
 
 Persons engaged in, in destitute condition .... Mem 1 15 
 
 must cease, if tax not removed Mem 1 16 
 
 Cotton, Raw, Tax on, Eesolution recommending removal of . Ees 1 8 
 
 declared to bear heavily on the laboring classes . . Ees 1 8 
 
 ' ■) "Rgg 1 a 
 
 produces practical prohibition of cotton-culture • • r -at i iS 
 
 declared detrimental to interests of people .... Mem 1 15 
 
 D. 
 
 Debates of Convention, — see Journals and Debates. 
 
 Digest of the laws. Board to prepare, President of Convention 
 
 to appoint Ees 8 11 
 
 DoorAeeperand^ss'tZ)oorSeepersofConvention, Compensation of Ord 4 4 
 
 B. 
 
 Election, under Reconstruction Act of Congress, for ratification of 
 
 Constitution, Ordinances providing for .... Ord 5 5 
 
 Election, Commissioners of the, — see Commissioners. 
 
 Election to fill vacancies in Convention Ees 3 9 
 
 notice of, Ordinance providing for Ord 7 6 
 
 Ex'penses of Convention, Ordinance making appropriations for Ord 1 1 
 
 Ordinance raising revenue for defraying the . . . Ord 3 3 
 
 Tax of i per cent, levied to defray the Ord 3 3 
 
 Expenses of Reconstruction in Arkansas, Ordinance making ap- 
 propriation for Ord 1 1 
 
 Tax of i per cent, levied to defray the . . ' . . . Ord 3 3 
 
 President and Secretary of Convention to certify . Ord 3 3 
 
 out of what funds payable Ord 3 3 
 
 P. 
 Freedmen's Bureau, Eesolution petitioning Congress for contin- 
 uance of, until accomplishment of reconstruction . Ees 4 9 
 
 a. 
 
 General Assembly recommended to enact laws governing amal- 
 gamation Ees 5 10 
 
 recommended to relieve Judges Harrell and Har- 
 grove of disabilities imposed Ees 6 10 
 
 First, Commissioners to investigate affairs of Lit- 
 tle Eock and Ft. Smith E. E., to report to . . . Ees 2 8 
 
 ( 842 ) 
 
INDEX TO OEDINANCBS, ETC. 25 
 
 H. 
 
 Doc. No. Page 
 
 Hargrove, Hon. A. N., Eesolution concerning impeachment of,' Ees 6 10 
 
 Harrell, Hon. Mias, Eesolution concerning impeachment of, . Ees 6 10 
 Eot Spring Reservation, Memorial to Congress, asking for 
 
 public sale of Mem 5 19 
 
 Hodges, J. L., appointed one of the Yice-Presidents of Con- 
 vention Ees 7 11 
 
 I. 
 
 Impeachment — See Hargrove, Hon. A. JV., and Harrell, Hon. Elias. 
 
 Jndea; to Journals and Debates of Convention Ees 13 14 
 
 J. 
 
 Journal and Debates of Convention, Printing, Indexing, and 
 
 distribution of Ees 13 1-1 
 
 Secretary of Convention to superintend printing of . Ees 13 13 
 
 L. 
 
 Laws governing amalgamation. General Assembly recom- 
 mended to enact Ees 5 10 
 
 Bankrupt, Memorial asking for amendment of . . Mem 3 17 
 Board to digest and arrange the, President of Con- 
 vention to appoint Ees 8 11 
 
 Legislature, — See General Assembly. 
 
 Levees on Mississippi and Arkansas Rivers, Memorial to Con- 
 gress for rebuilding of Mem 4 18 
 
 Levy of tax, — see Tax. 
 
 Libraries, Public of TJ. S., to receive copies of Journal and De- 
 bates of Convention Ees 13 14 
 
 Library of Supreme Court to receive five copies of Journal 
 
 and Debates of Convention Ees 13 14 
 
 Little River County attached to Sixth Judicial Circuit . . . Ord 6 6 
 Eocky Comfort declared County-seat of Ord 6 6 
 
 Little Rock and Ft. Smith R. R., Commissioners appointed to 
 
 investigate affairs of 1^6S 2 8 
 
 M. 
 
 McGlure, John, appointed one of the Vice-Presidents of Con- 
 vention I^es 7 11 
 
 Memorials, Five hundred copies of, to be printed for use of 
 
 members. , Ees 12 13 
 
 Mileage of delegates to'Convention, Appropriation for . . . Ord 1 1 
 
 of members of Convention, Ordinance providing for Ord 4 4 
 
 of Chaplain to Convention Ord 4 4 
 
 Stenographic Eeporter to receive Ees 9 12 
 
 Miscegenation — see Amalgamation. 
 
26 INDEX TO OEDINANCBS, ETC. 
 
 Doc. No. Page 
 Mississippi River, Memorial to Congress for rebuilding of levees 
 
 OHjinStateS'of Arkansas, Mississippi, and Louisiana Mem 4 18 
 Molasses manufaetured^n 1860, in alluvial region below mouth 
 
 of Eed Elver, Quantity of Mem 4 18 
 
 N. 
 
 Navigation of Arkansas Eiver, Memorial to Congress asking 
 
 appropriation for improvement of Mem 2 16 
 
 Newspapers, of the State, copies of notice of time of submission 
 of Constitution to the people, to be furnished to all, 
 and published therein Ord 7 6 
 
 Notice of submission of Constitution to the people, Ordinance 
 
 providing for Ord 7 6 
 
 O. 
 
 Officers of Convention, Compensation of Ord 4 4 
 
 State and County, not to be voted for at election under 
 
 Act of Congress, for ratification Ord ' 5 5 
 
 of Convention to receive five copies, each, of Journal 
 
 and Debates Ees 13 14 
 
 Ordinances, Five hundred copies of, to be printed for use of 
 
 members Ees 12 13 
 
 P. 
 
 Pages for Convention, Compensation of Ord 4 4 
 
 Pay, see Compensation. 
 
 Per diem of members of Convention, Ordinance making appro- 
 priations for _ , Ord 1 1 
 
 See Compensation. 
 
 Postmaster for Convention, Compensation of Ord 4 4 
 
 President of Convention, to countersign certificates of Secretary 
 for per diem and mileage of members of Convention, 
 and other necessary expenses of reconstruction . Ord 1 1 
 to certify accounts foV expenses of reconstruction . Ord 3 3 
 
 Compensation and mileage of Ord 4 4 
 
 to give notice of time of submission of Constitution to 
 
 the people Ord 7 6 
 
 to certify accounts of Commissioners of Election, and 
 
 expenses under Schedule Ord 8 7 
 
 to approve warrants of Commissioners of Election, 
 issued, for their accounts, and expenses under 
 Schedule, in case of refusal of Auditor to audit the 
 
 same Ord 8 7 
 
 Convention to adjourn subject to call of the . . . Ees 3 9 
 to convoke Convention in case of rejection of Consti- 
 tution Ees 3 9 
 
 ( 844) 
 
INDEX TO OEDINAJSrCBS, BTO. 27 
 
 -— ^ '■■-■*WI< ^l. l « l »» l ' B . <i J ill 
 
 Doo. No. Pa6k 
 President of Convention in case of rejection of Constitution, to 
 call upon proper oflQcer of the State to cause elec- 
 tions to be held for filling vacancies in Convention Ees 3 9 
 to appoint Boards to codify Statutes and arrange 
 
 Code of Practice Ees 7 11 
 
 In case of absence or inability of, Vice-Presidents to 
 
 enjoy powers and discharge duties of Ees 7 11 
 
 to award Secretary his compensation for services in 
 
 superintendingprintingof Journal and Debate8,etc. Ees 13 13 
 Price, John G., declared Public Printer of Convention, and for 
 
 the State Ord 2 2 
 
 Printer, Public, Ordinance declaring a Ord 2 2 
 
 Printing, Public, Eates of compensation for * . Ord 2 2 
 
 Printing of laws, journals, and other proceedings, and legal ad- 
 vertisements, by law made duty of State Printer, 
 
 to be transferred to John Gr. Price Ord 2 2 
 
 of Memorials and Ordinances for use of members, pro- 
 vided for Ees 12 13 
 
 of Journal and Debates of Convention Ees 13 13 
 
 Proceedings of Convention — see Journal and Debates. 
 
 E. 
 
 Bailroad, Little Bock and Ft. Smith, Commissioners appointed 
 
 to investigate affairs of Ees 2 8 
 
 Batification of Constitution, at election held under Eeconstruc- 
 
 tion Acts, Ordinance providing for Ord 5 5 
 
 Yoter registered under Eeconstruction Acts may vote 
 on, at election under Ordinance, in any county 
 
 where he may be at the time Ord 5 5 
 
 Style of ballot at election for Ord 5 5 
 
 notice of submission of Constitution for. Ordinance 
 
 providing for O^d 7 6 
 
 Beconstruction in Arkansas,— see Expenses of Beconstruction. 
 
 Beport of Proceedings of Convention — see Journal and Debates . 
 
 Beporter, Stenographic, Eesolution allowing mileage and com- 
 pensation for time consumed in travel, to . . . Ees 9 12 
 
 Bemnue for defraying expenses of Convention, Ordinance 
 
 raising Ord 3 3 
 
 Bocky Comfort declared County-seat of Little Eiver County . Ord 6 6 
 
 S. 
 
 St. John, Henry, Assistant Secretary of Convention, to be paid 
 
 ten dollars per day, instead of eight Ees 14 14 
 
 Schedule, Expenses under, Ordinance to defray Ord 8 7 
 
 School Fund, Congress memorialized to apply proceeds of pro- 
 posed sale^of Hot Springs to Mem 5 20 
 
 { 845 ) 
 
28 INDEX TO OEDINANCBS, ETC. 
 
 Doo. No. Page 
 Scott, George 8., appointed one of the Vice-Presidents of the 
 
 Convention Ees 7 11 
 
 See Expenses. 
 
 f Ord 4 4 
 
 Secretaries, Assistant, of Convention, Compensation of . . . -j .p 
 
 Secretary of Convention to certify accounts for per diem and 
 mileage of members of Convention, and other ne- 
 cessary expenses of reconstruction Ord 1 1 
 
 to notify State and County officials of passage of 
 
 Ordinance declaring John G. Price Public Printer Ord 2 2 
 J to certify accounts for expenses of reconstruction . Ord 3 3 
 to sign President's certificates of accounts of Commis- 
 sioners 'of Election, and expenses under Schedule Ord 8 7 
 to sign warrant's of Commissioners of Election, for 
 their accounts and expenses under Schedule, issued 
 in case of refusal of Auditor to audit the same . Ord 8 7 
 to forward to Senate U. S., copy of Resolution recom- 
 mending removal of tax on raw cotton - . . . Ees 1 8 
 to superintend printing of Journal and Debates . . Ees 13 13 
 to receive, for superintending printing of Journal 
 and Debates, such customary fees as President of 
 
 Convention may award him Ees 13 13 
 
 to employ suitable person to index Journal and De- 
 bates ' Ees 13 14 
 
 to transmit copi'es of Journal and Debates to mem- 
 bers of Convention, public libraries, etc Ees 13 14 
 
 Secretary of State, Twenty copies of Journal and Debates of 
 Convention to be furnished to office of, for perma- 
 nent preservation Res 13 14 
 
 Senate of United States, Secretary to forward copy of resolution 
 
 recommending removal of tax on raw cotton, to . Ees 1 8 
 Sergeant-at-Arms, Assistant Sergeant-at-Arms of Convention, 
 
 Compensation of Ord 4 4 
 
 Sheriffs to receive, for State taxes. Auditor's warrants, issued 
 for accounts of Commissioners of Election, and 
 
 expenses under Schedule Ord 8 7 
 
 Smith, Gr. W; appointed one of the Commissioners to investi- 
 gate affairs of Little Eock and Fort Smith E. R. . Res 2 8 
 Snyder, 0. P., appointed one of the Vice-Presidents of Con- 
 vention Res 7 11 
 
 State Printer, — see Printer. 
 
 Statutes, Board to codify. President of Convention to appoint Ees 8 11 
 
 Stenographic Reporter, — see Reporter, Stenographic. 
 
 Submission of Constitution to the people. Ordinance provid- 
 
 '"gfo^ Ord 5 5 
 
 Sugar-crop of 1860, grown in alluvial region below mouth of 
 
 Red. River, Amount and value of . . . . #. . Mem 4 18 
 ( 846 ) 
 
INDEX TO OEDINANCES, ETC. 29 
 
 T. 
 
 Doo. No. Page 
 Tax on raw cotton, Copy of Eesolation concerning, to be for- 
 warded to Senate U. S Ees 1 8 
 
 Tax for defraying expenses of reconstruction Ord 3 3 
 
 on raw cotton, Resolution recommending removal of Ees 1 8 
 on raw cotton, declared to bear heavily on the labor- 
 ing classes Ees 1 8 
 
 on raw cotton. Effect of, on the culture Ees 1 8 
 
 on raw cotton, Memorial to Congress, asking re- 
 moval of Mem 1 15 
 
 on raw cotton, declared detrimental to interests of 
 
 people Mem '1 15 
 
 of 25 cents per acre, on lands to be benefited, esti- 
 mated to pay expense of rebuilding levees . . . Mem 4 18 
 Taxes, State, Warrants of Treasurer issued under Ordinance 
 raising revenue for defraying expenses of Conven- 
 tion, receivable for Ord 3 3 
 
 State, Aitditor's warrant, issued for accounts of Com- 
 missioners of Election, and expenses under Sched- 
 ule, receivable for .....' Ord 8 7 
 
 State, Warrants of Commissioners of Election, issued 
 ■' for their accounts and expenses under Schedule, 
 in case of refusal of Auditor to audit the same, re- 
 ceivable for Ord 8 7 
 
 Treasurer of the State, Auditor to draw warrant on, for per 
 diem and milea,ge of members of Convention, and 
 other necessary expenses of reconstruction . . . Ord 1 1 
 upon presentation of Auditor's warrant, to pay 
 per diem and mileage of delegates to Convention, 
 or other necessary expenses of reconstruction, out 
 of any money in the Treasufy January 18th, 1868, 
 
 not otherwise appropriated by law Ord 1 1 
 
 on receipt of Auditor's warrant, to issue certificate 
 
 for payment of expenses of reconstruction . . . Ord 3 3 
 Warrants of, issued under Ordinance raising revenue 
 for defraying expenses of Convention, receivable 
 
 for State taxes • Ord 3 3 
 
 Auditor to issue warrant on, for accounts of Commis- 
 sioners of Election and expenses under Schedule . Ord 8 7 
 to pay expenses under Schedule, from appropria- 
 tion for expenses of Convention Ord 8 7 
 
 to receive, for State taxes, Auditor's warrants, issued 
 for accounts of Commissioners of Election, and ex- 
 penses under Schedule Ord 8 7 
 
 Treasury of State, Seventy-five thousand dollars appropriated 
 out of the, for paying per diem and mileage of 
 delegates to Convention, and other expenses of re- 
 
 ^ ^ 4-- „ Ord 1 1 
 
 construction i q 47 ) 
 
30 INDEX TO OEDINANCES, ETC. 
 
 Doc. TSo. Page 
 Treasury of State, Taxes levied to defray expenses of recon- 
 struction, to be paid into, by June 1, 1869 . . . Ord .3 3 
 
 V, 
 
 Vacancies in Convention, how to be filled , Ees 3 9 
 
 in Board appointed to codify and arrange the laws, 
 
 how filled Ees 11 13 
 
 Vice-Presidents of Convention Ees 7 11 
 
 Voter registered under Eeconstruction Acts may vote on ratifi- 
 cation, at election under Ordinance, in any county 
 where he may be at the time Ord 5 5 
 
 W. 
 
 Warrant, Auditor to draw, upon Treasurer, for per diem and 
 
 mileage of members of Convention, etc Ord 1 1 
 
 Warrant, Auditor to issue, upon Treasurer, for payment of ex- 
 penses of reconstruction Ord 3 3 
 
 Warrants of Treasurer, issued under Ordinance raising reve- 
 nue for defraying expenses of Convention, receiv- 
 able for State taxes Ord 3 3 
 
 ' of Auditor, issued for accounts of Commissioners of 
 Election and expenses under Schedule, receivable 
 
 for State taxes Ord 8 7 
 
 of Commissioners of Election, issued in case of re- 
 fusal of Auditor to audit their accounts and ex- 
 penses under Schedule, receivable for State taxes Ord 8 7 
 
 Witnesses, Attendance of, before Commissioners of Investiga- 
 tion of Little Eoek and Fort Smith R. E. . . . Ees 2 9 
 
 Wright, F. E., Assistant Secretary of Convention, to be paid 
 
 ten dollars per day, instead of eight Ees 14 14 
 
 ( 848 
 
CONSTITUTION OF ARKANSAS. 
 
/ • 
 
THE 
 
 CONSTITUTION 
 
 STATE OF ARKANSAS. 
 
 Pkamed and Adopted by the Contention which Assembled at Little 
 Book, Janitaet 7th, 1868, and Katieied bt the Registered 
 Electobs of the State, at the Election begin- 
 ning March 13th, 1868. 
 
 ^a g^tttltotJJitM. 
 
 .J^±±±t-^.. 
 
 ^«-*-*^ 
 
 LITTLE ROOK: 
 John G. Price, State Printer. 
 
 1868. 
 
I, John G. Price, Secretary of the Constitutional Convention of the State 
 of Arkansas, do hereby certify that the annexed is a correct copy of the Con- 
 stitution framed and adopted by the said Convention, on the eleventh day of 
 February, in the year of our Lord one thousand eight hundred and sixty- 
 eight. 
 
 ^tt ®ittttSS tol^tWfff, / hereunto set my name as Secretary 
 of the Convention, on this twenty-eighth day of February, 
 eighteen hundred and sixty-eight. 
 
 JOHN G. PEICE, 
 
 Secretary of the Convention. 
 
In preparing this edition of the Constitution of Arkansas, no liberties 
 whatever have been taken with the text of the original, now on file in 
 the office of the Secretary of S^te ; the punctuation, orthography, etc., 
 having, as is usual and proper in the publication of such instruments, 
 •been implicitly followed, so as to present a copy exact in every particular. 
 Some clerical errors occur in the engrossed document. In a few such in- 
 stances, a superfluous letter has been enclosed in brackets, an omission, or 
 other accidental error of orthography, corrected in parenthesis, by the 
 Editor. 
 
CONSTITUTION 
 
 OF THE 
 
 STATE OF ARKANSAS. 
 
 Preamble. 
 
 We, the people of the State of Arkansas, grateful to God for our civil 
 and religious liberty, and desiring to perpetuate its blessings and secure 
 the same to ouf selves and our posterity, do ordain and establish this Con- 
 stitution : 
 
 AKTICLE I. 
 
 Bill of Rights. 
 
 Section One. All political power is inherent in the people.* Gov- 
 ernment is instituted for the protection, security and benefit of the 
 people, and thej have the right to alter or reform the same when- 
 ever the public good may require it. But the 'paramount allegiance 
 of every citizen is due to the Federal Government in the exercise of 
 all its Constitutional powers as the same may have been or may be 
 defined by the Supreme Court of the United States ; and no power 
 exists in the people of this or any other State of the Federal Union 
 to dissolve their connection therewith, or perform any act tending 
 
 ( 855 ) 
 
CONSTITUTION OF THE . [Aet. 1.» 
 
 to impair, subvert or resist the supreme authority of the United 
 States. 
 
 The Constitution of the United States confers full powers on the 
 Federal Government to maintain and perpetuate its existence, and 
 whensoever any portion of the States or the people thereof, attempt 
 to secede from the Federal Union, or forcibly resist the execution of 
 its laws, the Federal Government may, by warrant of the Constitu- 
 tion employ armed force in compelling obedience to its authority. 
 
 Section Two. The liberty of the press shall forever remain invio- 
 late. The free communication of thoughts and opinions is one of 
 the invaluable rights of man, and all persons may freely speak, 
 write and publish their sentiments on all suhjects, being responsible 
 for the abuse of such right. In all criminal prosecutions for libel, 
 the truth may be given in evidence to the jury, and if it shall appear 
 to the jury, that the matter charged as libelous is true, and was pub- 
 lished with good motives, and for justifiable ends, the party shall be 
 acquitted. 
 
 Section Three. The equality of all persons before the law is 
 recognized and shall ever remain inviolate; nor shall any citizen 
 ever be deprived of any right, privilege, or immunity, nor exempted 
 from any burden or duty on account of race, color, or previous con- 
 dition. 
 
 Section Four. The citizens have a right, in a peaceable manner, 
 to assemble together for their common good, to instruct their repre- 
 sentatives and to petition fox the redress of grievances, and other 
 proper purposes. 
 
 Section Five. The citizens of this State shall have the right to 
 keep and bear arms for their common defense. 
 
 Section Six. The right of trial by jury shall remain inviolate and 
 shall extend to all cases at law without regard to the amount in 
 controversy; but a jury trial may be waived by the parties in all 
 cases, in the manner prescribed by law. 
 
 Section Seven. Excessive bail shall not be required, nor shall 
 excessive fines be imposed ; nor shall cruel or unusual punishments 
 be inflicted; nor witnesses be unreasonably detained. 
 
 ( 856 ) 
 
Art. 1.] STATE OF ARKANSAS. 
 
 Section Eight. In all criminal prosecutions the accused shall 
 enjoy the right to a speedy and public trial by an impartial jury of 
 the county or judicial district wherein the crime shall have been 
 committed — which county or district shall have been previously 
 ascertained by law — and to be informed of the nature and cause of 
 the accusation against him; to have" compulsory process for obtain- 
 ing witnesses in his favor; and to have the assistance of counsel in 
 his defense. 
 
 Section Nine. No person shall be held to answer a criminal offense 
 unless on the presentment or indictment of a grand jury, except in 
 cases of impeachment, or in cases of petit larceny, assault, assault 
 and battery, affray, vagrancy and such other minor cases as the 
 General Assembly shall make cognizable by Justices of the Peace; 
 or arising in the army or navy of the United States, or in the militia 
 when in actual service in time of war or public danger; and no per- 
 son after having been once acquitted by a jury, for the same offense, 
 shall be again put in jeopardy of life or liberty ; but if, in any crim- 
 inal prosecution, the jury be divided in opinion, 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 same or the next. 
 term of said court; nor shall any person be compelled in any crim- 
 inal case to be a witness against himself; nor be deprived of life, 
 liberty or property, without due process of law. All persons shall, 
 before conviction, be bailable by sufficient sureties except for capital 
 offenses — murder and treason — when the proof is evident or the 
 presumption great; and the privilege of the writ of habeas corpus 
 shall not be suspended unless when in cases of rebellion or invasion 
 the public safety may require. 
 
 Section Ten. Every person is entitled to a certain remedy in the 
 laws for all injuries or wrongs he may receive in his person, property 
 or character; he ought to obtain justice freely and without purchase; 
 completely and without denial ; promptly and without delay ; con- 
 formably to the laws. 
 
 Section Eleven. Treason against the State shall only consist in 
 levying war against the same, or in adhering to its enemies, giving 
 
 ( 857 ) 
 
CONSTITUTION OF THE [Art. 1. 
 
 them aid and comfort. No person shall be convicted of treason un- 
 less on the testimony of two (2) witnesses to the same overt act, or 
 on confession in open court. 
 
 Section- Twelve. The right of the people to be secure in their per- 
 sons, houses, papers and effects against unreasonable searches and 
 seizures, shall not be violated, and no warrant shall issue but upon 
 probable cause, supported by oath or affirmation, and particularly 
 describing the place to be searched and the person or things to be 
 seized. 
 
 Section Thirteen. No bill of attainder, ex post facto law, nor any 
 law impairing the obligation of contracts, shall ever be passed; and 
 no conviction shall work corruption of blood or forfeiture of estate. 
 
 Section Fourteen. No person shall be imprisoned for debt in this 
 State; but this shall not prevent the General Assembly from pro- 
 viding for imprisonment or holding to bail persons charged with 
 fraud in contracting said debt. A reasonable amount of property 
 shall be exempt from seizure or sale for the payment of debts or lia- 
 bilities. 
 
 Section Fifteen. Private property shall not be taken for public 
 use without just compensation therefor. 
 
 Section Sixteen. The military shall be subordinate to the civil 
 power. No standing army shall be kept up in this State in time of 
 peace, and no soldier shall in time of peace be quartered in any 
 house, without the consent of the owner, nor in time of war but in 
 a manner prescribed by law. 
 
 Section Seventeen. Suits may be brought by or against the State 
 in such manner and in such courts as may be by law provided. 
 
 Section Eighteen. The General Assembly shall not grant to any 
 citizen or class of citizens, privil(e)ges or immunities, which upon 
 the same terms shall not equally belong to all citizens. 
 
 Section Nineteen. The right of sutFrage shall be protected by laws 
 regulating elections, and prohibiting under adequate penalties all 
 undue influence from bribery, tumult, or other improper conduct. 
 
 Section Twenty. Foreigners who are, or may become, hona fide 
 residents of this State, shall be secured the same rights in respect to 
 
 ( 858 ) 
 
Art. 1.] STATE OP ARKANSAS. 
 
 the acquisition, possession, enjoyment and descent of property as are 
 secured to native-born citizens. 
 
 Section Twenty-one. No religious test or amount of property shall 
 ever be required as a qualification for any office of public trust under 
 the State. No religious test or amount of property shall ever be 
 required as a qualification of any voter at any election in this State ; 
 nor shall any person be rendered incompetent to give evidence in 
 any court of law or equity in consequence of his opinion upon the 
 subject of religion, and the mode of administering an oath or afiirma- 
 tion shall be such as shall be most consistent with, and binding upon 
 the conscience of the person to whom such oath or aflGr^uation may 
 be administered. 
 
 Section Twenty-two. Any person who shall, after the adoption of 
 this Constitution, fight a duel or send or accept a challenge for that 
 purpose, or be aider or abettor in fighting a duel, either within this 
 State or elsewhere, shall thereby be deprived of the right of holding 
 any office of honor or profit in this State, and shall be forever dis- 
 qualified from voting at any election, and shall be punished other- 
 wise in such manner as may be prescribed by law. 
 
 Section Twenty-three. Religion, morality, and knowledge being 
 essential to good government, the General Assembly shall pass suit- 
 able laws to protect every religious denomination in the peaceable 
 enjoyment of its own mode of public worship ; and to encourage* 
 schools and the means of instruction. 
 
 Section Twenty-four. All lands in this State are declared to be 
 allodial, and feudal tenures of every description, with all their inci- 
 dents, are prohibited. Leases and grants of land for a longer period 
 than twenty-one (21) years, hereafter made, in which shall be re- 
 served any rent or service of any kind, shall be held a conveyance 
 in fee to the lessee. 
 
 Section Twenty-five. The action of the Convention of the State 
 of Arkansas, which assembled in the City of Little Rock on the 
 fourth (4th) day of March, A.D. one thousand eight hundred and 
 sixty one (1861), was, and is null and void. All the action of the 
 State of Arkansas under the authority of said Convention, of its 
 
 ( 859 ) 
 
CONSTITUTION OF THE [Art. 2, 
 
 Ordinances or its Constitution, whether legislative, executive, judi- 
 cial or military, was, and is hereby declared null and void; and no 
 debt or liability of the State of Arkansas incurred by the action of 
 said Convention, or of the General Assembly, or any department of 
 the government under the authority of either, shall ever be recog- 
 nized as obligatory : Provided, That this Ordinance shall not be so 
 construed as to affect the rights of private individuals arising under 
 contracts between the parties, or to change county boiindaries or 
 county seats, or to make invalid the acts of Justices of the P^ce, or 
 other officers in their authority to administer oaths or take and cer- 
 tify the aclinowledgments of deeds of conveyance, or other instru- 
 ments of writing, or in the solemnization of marriage. 
 
 ARTICLE II. 
 
 Boundaries. 
 
 We do declare and establish, ratify and confirm, the following as 
 the permanent boundaries of said State of Arkansas, that is to say: 
 Beginning at the middle of the main channel of the Mississippi 
 river, on the parallel of thirty-six (36) degrees north latitude ; run- 
 •ning from thence west, with the said parallel of latitude, to the Saint 
 Francis river; thence up the middle of the main channel of said 
 river to the parallel of thirty-six (36) degrees thirty (30) minutes 
 north; from thence west with the boundary line of the State of 
 Missouri to the south west corner of that State ; and thence to be 
 bounded on the west to the north bank of Red river, as by Acts of 
 Congress and Treaties heretofore defining the western limits of the 
 Territory of Arkansas ; and to be bounded on the south side of Red 
 river by the boundary line of the State of Texas to -the north west 
 corner of the State of Louisiana; thence east with the Louisiana 
 State line to the middle of the inain channel of the Mississippi 
 fiver ; thence up the middle of the main channel of said river, in- 
 cluding an island in said river known as " Belle Point Island," to 
 
 ( 8G0 ) 
 
Arts. 3, 4, 5.] STATE OF ARKANSAS. 
 
 the thirty-sixth (36th) degree o| north latitude— the place of be- 
 ginning. 
 
 ARTICLE III. 
 
 The seat of government shall be at Little Rock, where it is now 
 established. 
 
 ARTICLE IV. 
 
 Section One. The powers of government are divided into three 
 (3) departments — the Legislative, the Executive, and the Judicial. 
 
 Section Two. No person belonging to one department shall exer- 
 cise the powers properly belonging to another, excepting in the cases 
 expressly provided in this Constitution. 
 
 ARTICLE V. 
 
 Legislative Department. 
 
 Section One. The legislative power in this State shall be vested 
 in a General Assembly, which shall consist of a Senate and a House 
 of Representatives. 
 
 Section Two. The General Assembly shall meet every two (2) 
 years, on the first Monday of January, at the seat of Government, 
 until altered by law; but the first General Assembly elected after 
 the adoption of this Constitution shall meet on the second (2nd) 
 day of April, A.D. one thousand eight hundred and sixty eight 
 (1868). 
 
 Section Three. The House of Representatives shall consist of 
 members chosen every second (2nd) year Tby the qualified electors 
 of the several districts. 
 
 Section Four. No person shall be a member of the House of Rep- 
 resentatives who shall not have attained the age of twenty-one (21) 
 
 ( 861 ) 
 
CONSTITUTION OF THE [Art. 5. 
 
 years, and have been one year a,residenl of this State, who shall 
 not be a male citizen of the United States, who shall not, at the time 
 of his election, have an actual residence in the district he may be 
 chosen to represent, and who shall not be a qualified elector as pro- 
 vided in this Constitution. 
 
 Section Five. The Senate shall consist of members chosen every 
 fourth year by the qualified electors of the several districts. 
 
 Section Six. No person shall be a member of the Senate who 
 shall not have attained the age of twenty-five (25) years, and have 
 been one year a resident of this State, who shall not be a male citi- 
 zen of the United States, who shall not, at the time of his election, 
 have an actual residence in the district he may be chosen to repre- 
 sent, and who shall not be a qualified elector, as provided in this 
 Constitution. 
 
 Section Seven. The number of members composing the Senate 
 shall be twenty-six (26), and of the House of Representatives eighty- 
 two (82). 
 
 Section Eight, The General Assembly shall provide by law for 
 an enumeration of the inhabitants of this State in the year one 
 thousand eight hundred and seventy-five (1875), and every tenth 
 (10th) year thereafter ; and the first (1st) -General Assembly elected 
 after each enumeration so made, and also after each enumeration 
 made by the authority of the United States, may rearrange the Sen- 
 atorial and Representative districts according to the number of in- 
 habitants as ascertained by such enumeration ; Provided, That there 
 shall be no apportionment other than that made in this Constitution, 
 until after the enumeration to be made in the year one thousand 
 eight hundred and seventy-five (1875). 
 
 Section Nine. Senators shall be chosen at the same time and in 
 the same manner that members of the House of Representatives are 
 required to be. Senatorial districts shall be composed of convenient 
 contiguous territory, and no Representative district shall be divided 
 in the formation of a Senatorial one. The Senatorial districts shall 
 be numbered in regular series, and the term of Senators chosen for 
 the districts designated by odd numbers shall expire in two (2) 
 
 ( 862 ) 
 
Art. 6.] STATE OF ARKANSAS. 
 
 years, and the term of Senators chosen for the districts designated 
 by even numbers shall expire in four (4) years ; but thereafter Sen- 
 ators shall be chosen for the term of four (4) years, excepting when 
 an enumeration of the inhabitants of the State is made, in which 
 case, if a re-arrangement of the Senatorial districts is made the regu- 
 lation above stated shall govern the term of office. 
 
 Section Ten. Removals of Senators and Representatives from their 
 respective districts shall be deemed a vacation of their office. 
 
 Section Eleven. No person holding any office under the United 
 States, or this State, or any county office, excepting Postmasters, 
 Notaries Public, Officers of the Militia, and Township Officers, shall 
 be eligible to, or have a seat in either branch of the General Assem- 
 bly, and all votes given for any such«person shall be void. | 
 
 Section Twelve. Senators and Representatives shall, in all cases, 
 (treason, felony, or breach of the peace excepted,), be privileged from 
 arrest during the session of the General Assembly. They shall not 
 be subject to any civil process during the session of the General As- 
 sembly, or for fifteen (15) days next before the commencement, and 
 next after the termination of each session. And they shall not be 
 questioned in any other place for remarks made in either House. 
 
 Section Thirteen. A majority of the members of each House 
 shall constitute a quorum to transact business, but a smaller number 
 may adjourn from day to day, and compel the attendance of absent 
 members in such manner and under such penalties as each House 
 may prescribe. • 
 
 Section Fourteen. Each House shall choose its own officers, de- 
 termine the rules of its proceedings, judge of the qualifications, elec- 
 tion and return of its members ; and may, with the concurrence of 
 two-thirds of all the members elected, expel a member ; but no mem- 
 ber shall be expelled a second time for the same cause, nor for any 
 cause known to his constituents at the time of his election. The 
 reasons for any such expulsion shall be entered upon the Journal, 
 with the names of the members voting thereon. 
 
 Section Fifteen. The, General Assembly shall prescribe by law 
 the manner in which the State printing shall be executed, and the 
 
 ( 863 ) 
 
CONSTITUTION OF THE [Art. 5. 
 
 accounts rendered therefor, and shall prohibit all charges for con- 
 structive labor. They shall not rescind or alter any contract for 
 such printing, or release the person or persons taking the same, or 
 his or their securities, from the performance of any of the provisions 
 of such contract. 
 
 Section Sixteen. Each House shall keep a Journal of its proceed- 
 ings, and publish the same, excepting such parts as may require 
 secrecy. The yeas and nays of the members of either House, upon 
 any question, shall be entered on the Journal at the request of five 
 (5) members. Any member of either House may dissent, and pro- 
 test against any act, proceeding or resolution which he may deem 
 injurious to any person or the 'public, and have the reason of his 
 dissent entered on the Journal.* 
 
 Section Seventeen. In all elections by either House or in joint 
 convention, the votes shall be given viva voce. All votes on nomi- 
 nations to the Senate shall be taken by yeas and nays, and pub- 
 lished with the Journal of its proceedings. 
 
 Section Eighteen. The doors of each House shall be open, unless 
 the public welfare requires secrecy. Neither House shall, without 
 the consent of the other adjourn for more than three (3) days, nor 
 to any other place than where the General Assembly may then be 
 in session. 
 
 . Section Nineteen. Bills may originate in either House of the 
 General Assembly, but all bills for raising revenue shall originate in 
 the House of Representatives, though the Serfate may propose amend- 
 ments, as on other bills. 
 
 Section Twenty. No portion of the public funds or property shall 
 ever be appropriated by virtue of any resolution.— No appropriation 
 shall be made except by a bill duly passed for th§,t purpose. 
 
 Section Twenty-one. Every bill and joint resolution shall be read 
 three (3) times, on dijBferent days, in each House, before the final 
 passage thereof, unless two-thirds of the House where the same is 
 pending shall dispense with the rules. No bill or joint resolution 
 shall become a law without the concurrence of a majority of all the 
 
 ( 864) 
 
Art. 5.] STATE OF ARKANSAS. 
 
 members voting. On the final passage of all bills the vote shall be 
 taken by yeas and nays, and entered on the Journal. 
 
 Section Twenty-two. No act shall embrace more than one sub- 
 ject, which shall be embraced in its title. No public act shall take 
 effect or be in force until ninety (90) days from the expiration of 
 the session at which the same is passed, unless it is otherwise pro- 
 vided in the act. 
 
 Section Twenty-three. No law shall be revised, altered or 
 amended, by reference to its title only, but the act revised, and the 
 section or sections of the act as altered or amended shall be enacted 
 and published at length. 
 
 Section Twenty-four. No new bill shall be introduced into either 
 House during the last three (3) days of the session without the 
 unanimous consent of the House in which it originated. 
 
 Section Twenty-five. The General Assembly, at its first session, 
 shall provide* suitable laws for the registration of qualified electors, 
 and for the prevention of frauds in elections. 
 
 Section Twenty-six. The General Assembly shall provide for the 
 speedy publication of all statute laws of a public nature, and of such 
 judicial decisions as it may deem expedient. All laws and judicial 
 decisions shall be free for publication by any person. 
 
 Section Twenty-seven. The style of the laws of the State shall 
 be "Be it enacted by the General Assembly of the State of Ar- 
 kansas." 
 
 Section Twenty-eight. The General Assembly may enact laws 
 providing for county, township or precinct governments. 
 
 Section Twenty-nine. It shall be the duty of the General Assem- 
 bly, from time to time, as circumstances may require, to frame and 
 adopt a penal code founded on principles of reformation. 
 
 Section Thirty. The General Assembly shall not change the 
 venue in any criminal or penal prosecution, but shall provide for 
 the same by general laws. 
 
 Section Thirty-one. The General Assembly may pass laws au- 
 thorizing appeals in criminal or penal cases, and regulating the right 
 of challenge of jurors therein. 
 
 55 ( 865 ) 
 
CONSTITUTION OF THE [Art. 5. 
 
 Section Thiety-two. The General Assembly shall direct bj law 
 when and how juries shall be selected from judicial districts in 
 criminal and civil cases. 
 
 Section Thirty-three. The General Assembly shall regulate by 
 law, by whom, and in what manner, writs oPelection shall be issued 
 to fill the vacancies which may happen in either branch thereof. 
 
 Section Thirty-four. The General Assembly may declare the 
 cases in which any office shall be deemed vacant, and also for the 
 manner of filling the vacancy, where no provision is made for that 
 purpose in this Constitution. 
 
 Section Thirty-five. Every bill and concurrent resolution, ex- 
 cept of adjournment, passed by the General Assembly, shall be pre- 
 sented to the Governor for approval before it becomes a law. If he 
 approve, he shall sign it ; if not, he shall return it with his objec- 
 tions to the House in *Vvhich it originated, which shall enter the 
 objections at large upon- its Journal and reconsider 'it. On such 
 reconsideration, if a majority of the members elected agree to pass 
 the bill, it shall be sent with the objections to the other House, by 
 which it shall be reconsidered. If approved by a majority of the 
 members elected to that House, it shall become a law. In such 
 cases the vote of both Houses shall be determined by yeas and nays, 
 and the names of the members voting for and against the bill shall 
 be entered on the Journal of each House respectively. If any bill 
 be not returned by the Governor within three (3) days (Sundays 
 excepted) after it has been presented to him, the same shall become 
 a law in like manner as if he had signed it, unless the General As- 
 sembly, by their adjournment, prevent its return, in which case it 
 shall not become a law. The Governor may approve, sign and file 
 in the office of the Secretary of State, within three (3) days after the 
 adjournment of the General Assembly, any act passed during the 
 last thr'ee (3) days of the session, and the same shall become a law. 
 
 Section Thirty-six. Each House may punish by imprisonment, 
 during its session, any person not a member, who shall be guilty of 
 any disorderly or contemptuous behavior in their presence ; but no 
 such imprisonment shall at any time exceed twenty-four (24) hours. 
 
 ( 8€6 ) 
 
Art. 5.] STA.TE OF AKKANSAS. 
 
 Section Thirtt-seten. No citizen of this State shall be disfran- 
 chised, or deprived of any of the rights or privileges secured to any 
 citizen thereof, unless the same is done by the law of the land, or 
 the judgment of his peers, except as hereinafter provided. There 
 shall be neither slavery nor involuntary servitude, either by inden- 
 tures, apprenticeships or otherwise, in the State, except for the 
 punishment of crime whereof the party shall have been duly 
 convicted. 
 
 Section Thirty-£i6ht. The General Assembly shall have no power 
 to make compensation for emancipated slaves. 
 
 Section Thirty-nine. The General Assembly shall have no power 
 to grant divorces, to change the names of individuals, or to direct 
 the sales of estates belonging to infants or other persons laboring 
 under legal disabilities, by special legislation ; but by general laws, 
 shall confer such powers on the courts of justice. 
 
 Section Forty. The General Assembly shall not authorize, by 
 private or special law, the sale or conveyance of any real estate be- 
 longing to any person, or vacate or alter any road laid out by legal 
 authority, or any street in any city or village, or in any recorded 
 town plat ; but shall provide for the same by general Jaws. 
 
 Section Forty-one. The General Assembly shall not authorize 
 any lottery, and shall prohibit the sale of lottery tickets. 
 
 Section Forty-two. In case of a contested election, only the 
 claimant decided entitled to the seat, in either House in which the 
 contest may take place, shall receive from the State ^er diem com- 
 pensation and mileage. 
 
 Section Forty-three. No collector, holder, or disburser of public 
 moneys shall have a seat in the General Assembly, or be eligible to 
 any office of trust or profit under this State, until he shall haVe 
 accounted for, and paid over, as provided by law, all sums for which 
 
 he is liable. 
 
 Section Forty-four. The General Assembly shall have power to 
 alter and regulate the jurisdiction and proceedings in law and equity, 
 subject to the provisions of this Constitution. 
 
 Section Forty-five. The General Assembly shall direct by law, 
 
 ( 867 ) 
 
CONSTITUTION OF THE [Art. 5. 
 
 in what manner, and in what courts, suits may be brought by and 
 against the State. 
 
 Section Forty-six. It shall be the duty of the General Assembly 
 to make adequate provision for the maintenance of paupers through- 
 out the State. 
 
 Section Forty-seven. The General Assembly shall not have power 
 to authorize any municipal corporation to pass any laws contrary to 
 the general laws of the State, or to levy any tax on real or personal 
 property to a greater extent than two (2) per centtim of the assessed 
 value of the same. 
 
 Section Forty-eight. The General Assembly shall pass no special 
 act conferring corporate powers. Corporations may be formed under 
 general laws ; but all such laws may, from time to time, be altered 
 or repealed. Dues from corporations shall be secured by such indi- 
 vidual liability of the stockholders, and other means as may be pre- 
 scribed by law ; but, in all cases, each stockholder shall be liable 
 over and above the stock by him or her owned, and any amount 
 unpaid thereon, to a further sum, at least equal in amount to such 
 stock. The property of corporations, now existing or hereafter 
 created shall forever be subject to taxation, the same as the property 
 of individuals. No right of way shall be appropriated to the use of 
 any corporation until, full compensation therefor shall be first made 
 in money, or first secured by a deposit of money, to the owner, irre- 
 spective of any benefit from any improvement proposed by such cor- 
 poration; which compensation shall be ascertained by a jury of 
 twelve (12) men, in a Court of Record, as shall be prescribed bylaw. 
 
 Section Forty-nine. The General Assembly shall provide for the 
 organization of cities and incorporated villages by general laws, and 
 restrict their powers of taxation, assessment, borrowing money, con- 
 tracting debts, and loaning their credit, so as to prevent the abuse of 
 such powers. 
 
 Section Fifty. All corporations with banking and discounting 
 privileges shall, preparatory to issuing bills as currency, deposit the 
 bonds of this State, equal in amount to the capital stock of such cor- 
 poration, with the Auditor of the State, who shall not permit an issue 
 
 ( 868 ) 
 
Art. 6.] STATE OF ARKANSAS. 
 
 of circulation exceeding eighty (80) per centum of the Amount of 
 bonds so deposited, such circulation being receivable for all taxes and 
 dues to the State, and the individual liability of stockholders shall 
 be as hereinbefore directed; Provided, That corporations chartered 
 or existing under any act of the Congress of the United States shall 
 be exempted from these provisions. 
 
 Section Fifty-one. The General Assembly, on the day of final 
 adjournment shall adjourn at twelve (12) oclock at noon. 
 
 ARTICLE VI. 
 
 Executive Department. 
 
 Section One. The Executive Department of this State shall con- 
 sist of a Governor, Lieutenant Governor, Secretary of State, Auditor, 
 Treasurer, Attorney General and Superintendent of Public Instruc- 
 tion — all of whom shall hold their several offices for the term of 
 four years and until their successors are elected and qualified. They 
 shall be chosen by the qualified electors of this State at the time 
 and places of choosing the members of the General Assembly. 
 
 Section Two. The supreme executive power of this State shall be 
 vested in the Governor. 
 
 Section Three. No person shall be eligible to the oflSce of Gover- 
 nor or Lieutenant Governor who shall not have attained the age of 
 twenty-five (25) years, who shall not have been five (5) years a citi- 
 zen of the United States, who shall not, at the time of his election, 
 have had an actual residence in this State for one (1) year next pre- 
 ceding his election, and who shall not be a qualified elector as pre- 
 scribed in this Constitution. 
 
 Section Pour. In elections for Governor and Lieutenant Governor, 
 the person having the highest number of votes shall be declared 
 elected. But in case that two (2) or more persons shall have an 
 equal, and the highest number of votes for Governor or Lieutenant 
 Governor, the General Assembly shall, by joint vote, choose one (1) 
 of such persons. The Governor shall be Commander-in-Chief of th6 
 
 ( 869 ) 
 
CONSTITUTION OF THE [Aet. 6. 
 
 military and naval forces of the State, and may call out such forces 
 to execute the laws, suppress insurrections, repel invasions, or pre- 
 serve the public peace. He shall transact all necessary business with 
 other officers of the State Government, and may require information 
 in writing of the officers of the Executive Department upon any sub- 
 ject pertaining to the duties of their respective offices. 
 
 Section Five. It shall be the duty of the Governor to see that the 
 laws are faithfully executed. 
 
 Section Six. He may convene the Legislature on extraordinary 
 occasions. 
 
 Section Seven. He 'shall give to the General Assembly, and at 
 the close of his official term, to the next General Assembly informa- 
 tion by Message, concerning the condition of the State, and recom- 
 mend such means to their consideration as he may deem expedient. 
 
 Section Eight. He may convene the General Assembly at some 
 other place when the seat of government becomes dangerous from 
 the prevalence of disease, or the presence of a common enemy. 
 
 Section Nine. He may grant reprieves, pardons and commutations 
 after conviction for all offenses, except treason and cases of im- 
 peachment, upon such conditions and with such restrictions and 
 limitations as he may think proper ; subject, however, to such regu- 
 lations as may be prescribed by law relative to the manner of apply- 
 ing for pardons. Upon conviction for treason he may suspend 
 execution of the sentence until the matter shall be reported to the 
 General Assembly at its next session, when the General Assembly 
 shall either pardon, commute the sentence, direct the execution of 
 the same or grant a further reprieve. The Governor shall commu- 
 nicate to the General Assembly at each session, information concern- 
 ing each case of pardon, reprieve or commutation granted, and the 
 reasons therefor. 
 
 Section Ten. In case of the impeachment of the Governor, his 
 removal from office, death, resignation, inability or removal from 
 the State, the powers and duties of the Governor shall devolve upon 
 the Lieutenant Governor during the residue of the term or until the' 
 disabilities of the Governor are rernoved. 
 ( 870 ) 
 
Art. 6.] STATE OF ARKANSAS. 
 
 Section Eleven. During a vacancy in the office of Governor, if the 
 Lieutenant Governor resign, be impeached, displaced, absent from 
 the State or incapable of acting, the President fro tempore of the 
 Senate, shall act as Governor until the vacancy be filled or the dis- 
 ability cease. 
 
 Section Twelve. The Lieutenant Governor shall, by virtue of his 
 office, be President of the Senate, and when there is an equal division 
 he shall give the casting vote. 
 
 Section Thirteen. No member of Congress or any person holding 
 any office under the United States or 'this? State, shall execute the 
 office of Governor. 
 
 Section Fourteen. The Lieutenant Qovernor, and the President 
 of the Senate pro tempore while performing the office of Governor, 
 shall receive the same compensation as the Governor. 
 
 Section Fifteen. All official acts of the Governor — his approval 
 of the laws excepted — shall be authenticated by the great Seal of the 
 State, which Seal shall be kept by the Secretary of State. 
 
 Section Sixteen. The Governor shall, by and with the advice and 
 consent of the Senate, appoint a convenient number of Notaries 
 Public, not to exceed six (6) for each county, who shall discharge 
 such duties as are now or as may hereafter be prescribed by law. 
 
 Section Seventeen. All commissions issued to persons holding 
 office under the provisions of this Constitution shall be in the 
 name, and by the authority of the people of the State of Arkansas, 
 sealed with the great Seal of the State, signed by the Governor and 
 countersigned by the Secretary of State. 
 
 Section Eighteen. The Governor, Chief Justice, Secretary of State, 
 Treasurer, Auditor, Attorney General and Superintendent of Public 
 Instruction shall severally reside, and keep all public records, books, 
 papers and documents which may pertain to their respective offices, 
 at the seat of government. 
 
 Section Nineteen. The returns of every election for 'Governor, 
 Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attor- 
 ney General and Superintendent of Public Instruction, shall be sealed 
 up and transmitted to the seat of government by the returning officers 
 
 ( 871 ) 
 
CONSTITUTION OF THE [Art. 6. 
 
 and directed to the presiding officer of the Senate, who, during the 
 first week of the session shall open and publish the same in presence 
 of the members then assembled. The person having the highest 
 number of votes shall be declared elected, but if two (2) or more 
 shall have the highest and equal number of votes for the same office, 
 one of them shall be chosen by joint vote of both houses. Con- 
 tested elections shall likewise be de'termined by both houses of the 
 General Assembly in such manner^as is or may hereafter be pre- 
 scribed by law. 
 
 Section Twenty. Ther Secretary of State shall keep a fair record 
 of all official acts and proceedings of the Governor, and shall when 
 required lay the same and all papers, minutes and vouchers relative 
 thereto, before the General Assembly, and shall perform such other 
 duties as are now, or may hereafter be prescribed by law. 
 
 Section Twenty-one. The Auditor, Treasurer, Attorney General, 
 and Superintendent of Public Instruction, shall perform such duties 
 as are now, or may hereafter be prescribed by law. 
 
 Section Twenty-two. In case of the death, impeachment, removal 
 from the State or other disability of the Secretary of State, Treasurer, 
 Auditor, Attoi^ney General and Superintendent of Public Instruction, 
 the vacancies in their several offices thus occasioned shall be filled 
 by appointment of the Governor, which appointment shall be made 
 for the unexpired terms of said officers, or until said disabilities are 
 removed, or until elections are held to fill said vacancies. 
 
 Section Twenty-three. Until the General Assembly shall other- 
 wise provide, the Governor shall appoint a suitable person, who shall 
 be styled Commissioner of Public Works and Internal Improvements, 
 who shall hold his office during the term of four (4) years, and urjtil 
 his successor is duly commissioned and qualified. It shall be the 
 duty of the Commissioner of Public Works and Internal Improve- 
 ments to superintend all public works which may be carried on by 
 the State, and have a supervising control over all internal improve- 
 ments in which the State is interested, and, until otherwise provided 
 by the General Assembly, he shall be ex-officio Commissioner of Im- 
 migration and of State Lands, and shall perform such other duties 
 
 ( 872 ) 
 
Aet. 7.] STATE OF ARKANSAS. 
 
 as may be prescribed by law. He shall receive for his services the 
 same salary as provided by law for the Auditor of State. 
 
 Section Twenty-four. The officers of the Executive Department, 
 mentioned in this Article, shall, at stated times, receive for their 
 services a compensation to be established by law, which shall not be 
 diminished during the period for which they have been elected or 
 appointed. 
 
 Section Twenty-five. The officers of the Executive Department 
 and Judges of the Supreme Court shall not be eligible, during the 
 period for which they may be elected or appointed to their respective 
 offices, to any position in the gift of the qualified electors, or of the 
 General Assembly of this State. 
 
 Section Twenty-six. The returns of every election for State, 
 County and Judicial officers, not herein provided for, shall be sealed 
 up and transmitted to the seat of Government by the returning offi- 
 cers, and directed to the Secretary of State, who shall open and pub- 
 lish the same, and the persons so elected shall be duly commissioned 
 by the Governor. 
 
 ART-ICLE VII. 
 
 Judiciary. 
 
 Section One. The Judicial power of the State shall be vested in 
 the Senate sitting as a Court of Impeachment, a Supreme Court, 
 Circuit Courts, and such other courts inferior to the Supreme Court 
 as the General Assembly may from time to time establish. 
 
 .Section Two. The House of Representatives shall have the sole 
 power of impeachment. All impeachments shall be tried by the 
 Senate. When sitting for that purpose Senators shall be upon oath 
 or affirmation, and no person shall be convicted without the concur- 
 rence of two-thirds of the members thereof. The Chief Justice shall 
 preside and the Secretary of State shall act as Clerk of this Court ; 
 Provided, that in case of the trial of either of them the person ap- 
 pointed temporarily to perform the duties of the office shall act. 
 
 ( 873 ) 
 
CONSTITUTION OF THE [Aet. 7. 
 
 The Governor, and all civil officers under this State, shall be liable 
 to impeachment for any misconduct or maladministration of their 
 respective offices; but judgment in such cases shall not extend farther 
 than to removal from office and disqualification to hold any office 
 of honor, trust, or profit, under this State. The party, whether con- 
 victed or acquitted, shall nevertheless be liable to indictment, trial 
 and judgment according to law. 
 
 Section Three. Two (2) terms of the Supreme Court shall be held 
 at the seat of Government annually, provided that the General As- 
 sembly may provide by law for holding said court at three other 
 places. The Supreme Court shall consist of one (1) Chief Justice, 
 who shall be appointed by the Governor, by and with the advice and 
 consent of the Senate, for the term of eight (8) years, and four Asso- 
 ciate Justices, who shall be chosen by the qualified electors of the 
 State at large for the term of eight (8) years ; Provided, that two (2) 
 of the Associate Justices first chosen under this Constitution shall 
 serve for four (4) years after the next general election, and two (2) 
 of them for eight (8) years after said election, said times to be 
 determined by lot ; but thereafter the Associate Justices shall be 
 chosen for the full term. 
 
 Section Four. The Supreme Court shall have general supervision 
 and control over all inferior courts of law and equity. It shall have 
 power to issue writs of error, supersedeas, certiorari, habeas corpus, 
 mandamus, quo-warranto, and other remedial writs, and to hear and 
 determine the same. Final Judgments in the inferior courts may 
 be brought by writ of error, or by appeal, into the Supreme Court, 
 in such manner as may be prescribed by law. 
 
 Section Five. The inferior courts of the State, as now constituted 
 by law, except as hereinafter provided, shall remain with the same 
 jurisdiction as they now possess; Provided, that the General Assem- 
 bly may provide for the establishment of such inferior courts, changes 
 of jurisdiction, or abolition of existing inferior courts, as may be 
 deemed requisite. The Judges of the inferior courts herein provided 
 for, or of such as may hereafter be established by law, shall be ap- 
 pointed by the Governor, by and with the advice and consent of the 
 (8H) 
 
Aet. 7.] . STATE OF ARKANSAS. 
 
 • 
 
 Senate, for the term of six (6) years, and until such time as the 
 General Assembly may otherwise direct ; Provided, that the General 
 Assembly shall not interfere with the term of office of any Judge. 
 
 Section Six. All writs and other processes shall run in the name 
 of the State of Arkansas, and bear teste and be signed by the clerks 
 of the respective courts from which they issue. Indictments shall 
 conclude " Against the peace and dignity of the State of Arkansas." 
 
 Section Seven. No Judge shall preside on the trial of any cause 
 
 ■ in the event of which he may be interested, or where either of the 
 parties shall be connected with him by affinity or consanguinity 
 within such degrees as may be prescribed by law, or in which he may 
 have been counsel, or have presided in any inferior court. 
 
 Section Eight. In case all or any of the judges of the Supreme 
 Court shall be disqualified from presiding, on any cause or causes, 
 the court or judges thereof shall certify the same to the Governor of 
 the State and he shall immediately commission, specially, the re- 
 quired number of men learned in the law for the trial and determina- 
 tion thereof. 
 
 Section Nine. Whenever, at ten (10) o clock, a.m. of the second 
 (2nd) day of any term of the inferior courts of this State, the judge 
 thereof is not present, or if present and he cannot for any cause prop- 
 erly preside at the trial of any case then pending therein, the attor- 
 neys of said court then present may elect a special judge, who shall 
 
 ■ preside during the trial of such case or cases, or shall hold said court 
 until the appearance of the regular judge thereof The proceedings 
 in such cases shall be entered at large upon the Record. 
 
 Section Ten. The judges of the inferior courts may temporarily 
 exchange circuits, or hold courts for each other under such regula- 
 tions as may h,e prescribed by law. 
 
 Section Eleven. Judges shall not charge juries with regard to 
 matters- of "fact, but shall declare the law. In all trials by jury the 
 judges shall give their instructions and charges in writing; and if 
 the trial is by the court he shall reduce to writing his findings upon 
 the facts in the case, and shall declare the law in the same manner 
 he is required to do when instructing juries. 
 
 ( 8t5 ) 
 
CONSTITUTION OF THE . [Art. 7. 
 
 -I 
 
 Section Twelve. Any judge whose appointment or election is 
 herein provided for, shall be at least twenty-five (25) years of age, 
 a qualified elector of this State,'^ and shall have been for one year an 
 actual resident of the Stat6, and shall reside in the circuit or district 
 to which he may be appointed or elected. 
 
 Section Thirteen. The judges of the Supreme and inferior Courts 
 shall, at stated times, receive a compensation for their services as 
 is now or may hereafter be provided by law, and which shall not be 
 diminished during the respective terms for which they may be elected 
 or appointed. 
 
 Section Fourteen. The inferior courts shall hold annually such 
 terms aS the General Assembly may direct. 
 
 Section Fifteen. All appeals from inferior Courts shall be taken 
 in such manner and to such Courts as may be provided by law. Ap- 
 peals may be taken from courts of Justices of the Peace to such 
 Courts and in such manner as may be prescribed by law. 
 
 Section Sixteen. When a vacancy occurs in the office of Judge of 
 the Supreme, or any of the inferior Courts, it shall be filled by ap- 
 pointment of the Governor; which appointee shall hold his oflGce 
 the residue of the unexpired term, and until his successor is elected 
 and qualified. 
 
 Section Seventeen. The Supreme Court and such other Courts as 
 may be established by law shall be Courts of record and shall have 
 a eommon seal. 
 
 Section Eighteen. The Supreme Court shall appoint a clerk of 
 such court, and also a reporter of its decisions. The decisions of 
 the supreme court shall be in writing, and signed by the judges con- 
 curring therein. Any judge dissenting therefrom shall give the 
 reasons of such dissent in writing, over his signature; all such 
 decisions shall be filed in the office of the Clerk of the Supreme ' 
 Court, and be published in such manner as the General Assembly 
 may direct. The clerk and reporter shall hold their respective offices 
 for the term of six years, subject to removal by the Court for cause. 
 
 Section Nineteen. A county clerk shall be elected by the qualified 
 electors in each organized county in this State, for the term of four 
 
 ( 876 ) 
 
Art. 7.] STATE OF ARKANSAS. 
 
 (4) years and shall perform such duties, and receive such fees as are 
 now or may hereafter be prescribed by law. 
 
 Section ITwentt. In each township in this State there shall be 
 elected by the qualified electors thereof two (2) Justices of the Peace, 
 who shall hold their offices for the term of four (4) years ; Provided, 
 That in such townships as may contain more than two hundred (200) 
 qualified electors an additional justice of the peace may be chosen. 
 Justices of the peace shall have exclusive original jurisdiction in all 
 actions of contract and replevin where the amount in controversy 
 does not exceed two hundred (200) dollars, and conctirrent jurisdic- 
 tion with the Circuit Court where the amount in controversy does 
 not exceed five hundred (500) dollars. In criminal causes the juris- 
 diction of justices of the peace shall extend to all matters less than 
 felony for final determination and judgment. 
 
 Section Twenty-one. Any suitor in any court of this State shall 
 have the right to prosecute or defend his suit either in his own 
 proper person or by attorney. 
 
 Section Twenty-two. In the courts of this State there shall be no 
 exclusion of any witness in civil actions because he is a party to, 
 or is interested in the issue to be tried, and no person convicted of 
 infamous crime shall be a competent witness in any cause without 
 the consent of both parties to the controversy ; Provided, That in 
 actions by or against executors, administrators or guardians, in 
 which judgment may be rendered for or against them, neither party 
 shall be allowed to testify against the other as to any transactions 
 with or statements to the testator, intestate or ward, unless called 
 to testify thereto by the opposite party, or required to testify thereto 
 by the court. The judges of the supreme and all inferior courts 
 shall be conservators of the peace throughout their respective 
 jurisdictions. 
 
 ( 87Y ) 
 
CONSTITUTION OF THE [Art. 8. 
 
 ARTICLE VIII. ' 
 
 Pbanchise. 
 
 Section One. In all elections by the people the electors shall vote 
 by ballot. 
 
 Section Two. Every male person born in the United States, and 
 every male perSon who has been naturalized, or has legally declared 
 his intention to become a citizen of the United States, who is twenty- 
 one (21) years old or upwards, and who shall have resided in the 
 State six (6) months next preceding the election, and who at the 
 time is an actual resident of the county in which he offers to vote, 
 except as hereinafter provided, shall be deemed an elector; Pro- 
 vided, No soldier, or sailor,, or marine, in the military or naval ser- 
 vice of the United States, shall acquire a residence by reason of being 
 stationed on duty in the State. 
 
 Section Three. The following classes shall not be permitted to 
 register, or vote, or hold office, viz : 
 
 1st. Those who during rebellion took the oath of allegiance, or 
 gave bonds for loyalty and good behavior to the United States gov- 
 ernment, and afterwards gave aid, comfort or countenance to those 
 engaged in armed hostility to the government of the United States, 
 either by becoming a soldier in the rebel army or by entering the 
 lines of said army, or adhering in any way to the cause, of rebellion, 
 or by accompanying any armed force belonging to the rebel army, 
 or by furnishing supplies of any kind to the same. 
 
 2nd. Those who are disqualified as electors, or from holding office 
 in the State or States from which they came. 
 
 3d. Those persons who during the late rebellion violated the rules 
 of civilized warfare. 
 
 4th. Those who may be disqualified by the proposed amendment 
 to the Constitution of the United States, known as Article XIV, 
 and those who have been disqualified from registering to vote for 
 
 ( 878 ) 
 
Art. 8.] STATE OF ARKANSAS. 
 
 delegates to the Convention to frame a Constitution for the State of 
 Arkansas, under the aci of Congress entitled " An act to provide for 
 the more efficient government of the rebel States," passed March 2nd, 
 1867, and the acts supplementary thereto. 
 
 5th. Those who have been convicted of treason, embezzlement of 
 public funds, malfeasance in office, crimes punishable by law with 
 imprisonment in the penitentiary, or bribery. 
 
 6th. Those who are idiots or insane, 
 
 Provided, That all persons included in the 1st, 2nd, 3d and 4th, 
 sub-divisions of this section, who have openly advocated or who 
 have voted for the reconstruction proposed by Congress, and accept 
 the equality of all men before the law, shall be deemed qualified elec- 
 tors under this Constitution. 
 
 Section Four. The General Assembly shall have the power, by 
 a two-thirds vote of each house, approved by the Governor, to re- 
 move the disabilities included in the 1st, 2nd, 3d and 4th, sub-divis- 
 ions of section three, (3) of this article when it appears that such 
 person applying for relief from such disabilities, has in good faith 
 returned to his allegiance to the government of the United States ; 
 Provided, the General Assembly shall have no power to remove the 
 disabilities of any person embraced in the aforesaid sub-divisions 
 who, after the adoption of this Constitution by this Convention, per- 
 sists in opposing the acts of Congress and Reconstruction thereunder. 
 
 Section Five. All persons before registering or voting must take 
 
 and subscribe the following oath : " I, , do solemnly swear (or 
 
 affirm,) that I will support and maintain the Constitution and laws 
 of the United States, and the Constitution and laws of the State of 
 Arkansas ; that I am not excluded from registering or voting by any 
 of the clauses of the first, second, third or fourth sub-divisions of 
 Article VIII of the Constitution of the State of Arkansas ; that I will 
 never countenance or aid in the secession of this State from the 
 United States ; that I accept the civil and political equality of all 
 men, and agree not to attempt to deprive any person or persons, on 
 account of race, color or previous condition, of any political or civil 
 right, privilege or immunity enjoyed by any other class of men; 
 
 ( 879 ) 
 
CONSTITUTION OF THE [Art. 9. 
 
 and, furthermore, that I will not in any way injure, countenance ' 
 in others any attempt to injure any person or persons on account 
 of' past or present support of the government of the United States, 
 the laws of the United States or the principle of the political and \^ 
 civil equality of all men, or for affiliation with any political party." 
 Provided, That if any person shall knowingly and falsely take any 
 oath in this Constitution prescribed, such person so offending, and 
 being thereof duly convicted shall be subject to the pains, penalties 
 and disabilities, which, by law are provided for the punishment of 
 the crime of wilful and corrupt perjury. 
 
 Section Six. Electors shall in all cases except treason, felony, or 
 breach of the peace be privileged from arrest and civil process during 
 their attendance at elections, and in going to and returning from the 
 same. 
 
 Section Seven. It shall be the duty of the General Assembly to 
 enact adequate laws giving protection against the evils arising from 
 the use of intoxicating liquors at elections. 
 
 ARTICLE IX. 
 
 Edtjcation. 
 
 Section One. A general diffusion of knowledge and intelligence 
 among all classes, being essential to the preservation of the rights 
 and liberties of the people ; the General Assembly shall establish 
 and maintain a system of free schools, for the gratuitous instruction 
 of all persons in this State, between the ages of five (5) and twenty- 
 one (21) years, and the funds appropriated for the support of com- 
 mon schools shall be distributed to the several counties, in proportion 
 to the number of children and youths therein between the ages of five 
 (5) and twenty-one (21) years, in such manner as shall be prescribed 
 by law? but no religious or other sect or sects shall ever have any 
 exclusive right to, or control of any part of the school funds of this 
 State. 
 
 ( 880 ) 
 
Art. 9.] STATE OF ARKANSAS. 
 
 Section Two. The supervision of public schools shall be vested 
 in a Superintendent of'Public Instruction, and such other ofi&cers as 
 the General Assembly shall provide. The Superintendent of Public 
 Instruction shall receive such salary, and perform such duties as 
 shall be prescribed by law. 
 
 Section Three. The General Assembly shall establish and main- 
 tain a State University, with departments for instruction in teach- 
 ing, in agriculture, and the natural sciences as soon as the public 
 school fund will permit. 
 
 Section Four. The proceeds of all lands that have been or here- 
 after may be granted by the United States to this State, and not 
 otherwise appropriated by the United States or this State, also all 
 mines, stocks, bonds, lands and other property, now belonging to 
 any fund for purposes of education, also the nett proceeds of all sales 
 of lands and other property and effects that may accrue to this State 
 by escheat, or from sales of estrays, or from unclaimed dividends, 
 or distributive shares of the estates of deceased persons, or from fines, 
 penalties or forfeitures, also any proceeds of the sales of public lands 
 which may have been or may be hereafter paid over to this State 
 (Congress consenting,) also all the grants, gifts, or devises that have 
 been or hereafter may be made to this State and not otherwise ap- 
 propriated by the terms of the grant, gift or devise shall be securely 
 invested and sacredly preserved as a public school fund, which shall 
 be the common property of the State. The annual income of which, 
 fund together with one (1) dollar per capita to be annually assessed 
 on every male inhabitant of this State, over the age of twenty-one 
 (21) years, and so much of the ordinary annual revenue of the State 
 as may be necessary, shall be faithfully appropriated for establishing 
 and maintaining the free schools and the University, in this article 
 provided for, and for no other uses or purposes whatever. 
 
 Section Five. No part of the Public school fund shall be invested 
 in the stocks, or bonds, or other obligations of any State, or any 
 County, City, town or corporation. The stocks belonging to any 
 school fund or University fund, shall be sold in such manner, and) 
 at such times as the General Assembly shall prescribe, and the pro-. 
 
 56 {,881 ), 
 
CONSTITUTION OF THE [Art. 10, 
 
 ceeds thereof, and the proceeds of the sales of any lands or other 
 property which now belongs or may hereafter belong to said school 
 fund may be invested in the bonds of the United States. 
 
 Section Six. No Township or school district shfiU receive any 
 portion of the public school fund, unless a free school shall have 
 been kept therein for not less than three (3) months during the 
 year, for which distribution thereof is made. The General Assembly 
 shall require by law, that every child of sufficient mental and phys- 
 ical ability, shall attend the public schools during the period between 
 the ages of five (5) and eighteen (18) years, for a term equivalent 
 to three (3) years unless educated by other means. 
 
 Section' Seven. In case the public school-fund shall be insufficient 
 to sustain a free school at least three (3) months in every year in 
 each school district in this State, the General Assembly shall provide 
 by law, for raising such deficiency by levying such tax upon all 
 taxable property in each County, Township or school district that 
 may be deemed proper. 
 
 Section Eight. The General Assembly shall as far as can be done 
 withoui infringing upon vested rights, reduce all lands, monies, or 
 other property, used or held for school purposes in the various Coun- 
 ties of this State, into the public school fund herein provided for. 
 
 Section Nine. Provision shall also be made, by general laws, for 
 raising such sum or sums of money by taxation, or otherwise in each 
 school district as may be necessary for the building and furnishing 
 of a sufficient number of suitable school houses for the accommo- 
 dation of all the pupils within the limits of the several school 
 districts. 
 
 ARTICLE X. 
 
 Finances, Taxation, Public Debt and Expenditures. 
 
 Section On*:. The levying of taxes by the poll is grievous and 
 oppressive; therefore the General Assembly shall never levy a poll 
 tax excepting for school purposes. 
 ( 882 ) 
 
Art. 10.] STATE OF ARKANSAS. 
 
 • 
 
 Section Two. Laws shall be passed taxing by a uniform rule all 
 money credit, investments in bonds, joint stock companies or other- 
 wise; and also all real and personal property according to its true 
 value in money; but burying grounds, public school houses, houses 
 used exclusively for public worship, institutions of purely public 
 charity, public property used exclusively for any public purpose, 
 shall never be taxed. Real estate shall be appraised at least once 
 every five (5) years, by an appraiser to be provided for by law at 
 its true value in money. Personal property shall be appraised in 
 such manner as may be provided by law at its true value in money, 
 but the General Assembly may exempt from taxation personal prop- 
 erty to the value of five hundred (500) dollars to each tax payer. 
 
 Section Theee. The General Assembly shall provide by law, for 
 taxing the notes and bills discounted or purchased,, moneys loaned, 
 and all other property, effects or dues of every description, without 
 deduction, of all banks now existing, or hereafter created, and of all 
 bankers, so that all property employed in banking, shall always bear 
 a burden of taxation equal to that imposed on other property of indi- 
 viduals. 
 
 Section Foue. The General Assemby shall provide for raising 
 revenue sufficient to defray the expenses of the State, for each year ; 
 and also a sufficient sum to pay the interest on the State debt. 
 
 Section Five. No tax shall be levied except in pursuance of law; 
 and every law imposing a tax sl^all state distinctly the object of the 
 same. 
 
 Section Six. The credit of the State or counties, shall never be 
 loaned for any purpose without the consent of the people thereof, 
 expressed through th6 ballot box. 
 
 Section Seven. The General Assembly may require the exhibit 
 
 if 
 
 of receipts and expenditures of State and county officers at such 
 time and manner as may be prescribed by law. 
 
 Section Eight. No money shall be paid out of the treasury, until 
 the same shall have been appropriated by law. 
 
 Section Nine. The State may contract debts to supply casual de- 
 ficits or failures in revenues, or to meet expenses not otherwise pro- 
 
 ( 883 ) 
 
CONSTITUTION OP THE [Aet. 10. 
 
 vided for ; and the money arising from the creation of such debts 
 shall be appropriated to the purposes for which it was obtained or 
 to pay the debt so contracted, and to no other. 
 
 Section Ten. In addition to the above power the State may con- 
 tract debts to repel invasion, suppress insurrection, preserve the 
 public peace, defend the State in time of war, or to redeem the present 
 outstanding indebtedness of the State; but the money arising from 
 the contracting of such debts shall be applied to the purpose for 
 which it was raised, and no other, and all debts incurred to redeem 
 the present outstanding indebtedness of the State, shall be so con- 
 tracted as to be payable by the sinking fund hereinafter provided 
 for, as the same shall accumulate. 
 
 Section Eleven. The faith of the State being pledged for the pay- 
 ment of its debt, in order to provide therefor, there shall be created 
 a sinking fund; which shall be sufficient to pay the accruing interest 
 on such debt, and annually to reduce the same. The said sinking 
 fund shall consist of such nett earnings and profits, of public insti- 
 tutions, bonds, stocks or other property of the State, or of any other 
 funds or resources, that are or may be provided by law. 
 
 Section Twelve. The Governor, Secretary of State and Attorney 
 General, are hereby created a Board of Commissioners to be styled 
 "the Commissioners of the Sinking Fund." 
 
 Section Thirteen. The Commissioners of the Sinking Fund shall, 
 immediately preceding each regular session of the General Assem- 
 bly^ make an estimate of the probable amount of tjie fund provided 
 by the eleventh (11th) section of this article, from all sources, except 
 from taxation and report the same, together with all their proceed- 
 ings relative to said fund and the public debt, and transmit the same 
 to the General Assembly, and the General Assembly shall make all 
 necessary provisions for raising and disbursing said sinking fund, in 
 pursuance of the provisions of this article. 
 
 Section Fourteen. It shall be the duty of said Commissioners 
 faithfully to apply in such manner as the General Assembly may by 
 law direct, said fund, together with all moneys that may be, by the 
 General Assembly, appropriated to that object, to the payment of the 
 
 ( 884 ) 
 
Art. 11.] STATE OF ARKANSAS. 
 
 interest as it becomes due and the redemption of the principal of the 
 public debt of the State, excepting only school and trust funds held 
 by the State. 
 
 Section Fifteen. The principal arising from the sale of all lands 
 donated to the State for school purposes, shall be paid into the 
 treasury, and the State shall pay interest thereon, for the support of 
 schools, at the rate of six (6) per cent per annum. 
 
 Section Sixteen. The State shall never assume the debts of 
 county, town, city or other corporations, unless such debts have 
 been created to repel invasion, suppress insurrection, or to provide 
 for the public welfare and defense. 
 
 Section Seventeen. The General Assembly shall tax all privi- 
 leges, pursuits and occupations, that are of no real use to society ; all 
 others shall be exempt, and the amount thus raised shall be paid into 
 the treasury. 
 
 ABTICLE XI. 
 
 Militia. 
 
 Section One. All able bodied electors in this State, shall be 
 liable to military duty in the militia of this State, but all citizens of 
 .any denomination whatever who from scruples of conscience, may 
 be adverse to bearing arms, shall be exempt therefrom, upon such 
 conditions as may be prescribed by law. 
 
 Section Two. *The General Assembly shall provide for organizing, 
 equip (p)ing and disciplining the militia in such manner as it shall 
 deem expedient, not incompatible with the laws of the United States. 
 
 Section Three. The Governor shall be Commander-in-Chief, and 
 shall have power to call out the militia to execute the laws, to 
 suppress insurrection, to repel invasion, and to preserve the public 
 peace. 
 
CONSTITUTION OF THE [Art. 12. 
 
 AKTICLE XII. 
 
 Exempted Property. 
 
 Section One. The personal property of any resident of this State, 
 to the value of two thousand (2000) dollars, to be selected by such 
 resident, shall be exempted from sale on execution or other final 
 process of any court, issued for the collection of any debt, contracted 
 after the adoption of this Constitution. 
 
 Section Two. Hereafter the homestead of any resident of this 
 State, who is a married man or head of a family shall not be encum- 
 bered in any manner while owned by him, except for taxes, laborers 
 and mechanic's liens, and security for the purchase money thereof 
 
 Section Three. Every homestead not exceeding one hundred and 
 sixty (160) acres of land, and the dwelling and appurtenances 
 thereon ; to be selected by the owner thereof, and not in any town, 
 city or village ; or in lieu thereof, at the option of the owner ; any 
 lot in a city, town, or village, with the dwelling and appurtenances 
 thereon, owned and occupied by any resident of this State, and not 
 exceeding the value of five thousand dollars shall be exempted from 
 sale on execution or any other final process from any court; but no 
 property shall be exempt from sale for taxes, for the payment of obli- • 
 gations contracted for the purchase of said premises, for the erection 
 of improvements thereon, or for labor performed for the owner 
 thereof. Provided; That the benefit of the homestead herein pro- 
 vided for, shall not be extended to persons, who may be indebted 
 for dues to the State, county, township, school or other trust funds. 
 
 Section Four. If the owner of a homestead die leaving a widow; 
 but no children the same shall be exempt, and the rents and profits 
 thereof, shall accrue to her benefit, during the time of her widow- 
 hood, unless she be the owner of a homestead in her own right. 
 
 Section Five. The homestead of a family after the death of the 
 owner thereof, shall be exempt from the payment of his debts in 
 all cases, during the minotity of his children, and also, so long as his 
 
 ( 886 ) 
 
Abt. 13.] STATE OF ARKANSAS. 
 
 widow shall remain unmarried, unless she be the owner of a home- 
 stead in her own right. 
 
 Section Six. The real and personal property of any female, in 
 this State, acquired either before or after marriage, whether by gift, 
 grant, inheritance, devise, or otherwise, shall so long as she may 
 choose; be and remain the sep(a)rate estate and property of such 
 female, and may be devised, or bequeathed by her, the same as she 
 were a femme sole. Laws shall be passed providing for the regis- 
 tration of the wife's sep(a)rate property, and when so registered; 
 and so long as it is not entrusted to the management or control of 
 her husband, otherwise than as an agent, it shall not be liable for 
 any of his debts, engagements or obligations. 
 
 ARTICLE XIII. 
 
 Amendments to the Constitution. 
 
 Section One. Any amendments to this Constitution may be pro- 
 posed in either House of the General Assembly; and if the same, 
 shall be agreed to, by a majority of the members elected to each of the 
 two (2) Houses ; such proposed amendment shall be entered on their 
 journals, with the yeas, and nays, taken thereon, and ref[f] erred 
 to the Legislature, to be chosen at the next general election and 
 shall be published as provided by law, for three (3) months pre- 
 vious, to the time of making such choice, and if in the General As- 
 sembly so next chosen as aforesaid, such proposed amendment, or 
 amendments, shall be agreed to, by a majority of all the members 
 elected to each House, then it shall be the duty of the General As- 
 sembly, to submit such proposed amendment, or amendments, to 
 the people in such manner, and at such times as the General As- 
 sembly shall provide; and if the people shall approve and ratify such 
 amendment or amendments, by a majority of the electors, qualified 
 to vote for members of the General Assembly voting thereon, such 
 amendment or amendments, shall become a part of the Constitution 
 of this State. 
 
 ( 887 ), 
 
CONSTITUTION OF THE [Art. 14 
 
 Section Two. If two or more amendments shall be submitted at 
 the same time, they shall be submitted in such manner that the elec- 
 tors, shall vote for, or against, each of said amendments sep(a)rately. 
 
 ARTICLE XIV. 
 
 Apportionments. 
 
 Section One. The Congressional districts shall remain as they 
 now are : Provided, That the General Assembly may at the first 
 session held after the adoption of this Constitution, re-district the 
 State for Congressional purjioses. 
 
 Section Two. Until after the apportionment, as herein provided 
 for, the Senatorial and Eepresentative Districts shall be composed 
 of the following counties, to-wit; The 1st of Jackson, Craighead, 
 Poinsett, Cross and Mississippi; 2nd of Lawrence, Randolph and 
 Greene ; 3d of Madison, Marion, Carroll, Fulton and Izard ; 4th of 
 Independence and Van Buren ; 5th of Searcy, Pope and Conway ; 
 0th of Newton, Johnson and Yell ; 7th of Washington and Benton ; 
 8th of Crawford, Franklin and Sebastian ; 9th of Crittenden, St. 
 Francis and Woodruff; 10th of Pulaski and White ; 11th of Phil- 
 lips and Monroe ; 12th of Prairie and Arkansas ; 13th of Scott, Polk, 
 Montgomery and Hot Springs; 14th of Hempstead; 15th of Lafayette 
 and Little River; 16th of Union and Calhoun; 17th of Clark, Pike 
 and Sevier; 18th of Columbia; 19th of Ouachita ; 20th of Jefferson 
 and Bradley; 21st of Dallas, Saline and Perry; 22nd of Ashley, 
 Chicot, Drew and Desha. The Senators and Representatives shall, 
 be apportioned among the several Senatorial and Representative Dis- 
 tricts as follows, to-wit : 
 
 1st district — 1 Senator and 4 Representatives. 
 
 2nd 
 
 
 1. 
 
 
 
 3 
 
 
 3d 
 
 
 1 
 
 
 
 4 
 
 
 4th 
 
 
 1 
 
 
 
 8 
 
 
 5th 
 
 
 1 
 
 
 
 3 
 
 
 6th 
 
 
 1 
 
 
 
 3 
 
 
 ( 888 ) 
 
Art, 15.] STATE OF ARKANSAS. 
 
 7th district — 1 Senator and 4 Representatives. 
 
 8th 
 
 C( 
 
 1 
 
 li 
 
 a 
 
 4 
 
 ii 
 
 9th 
 
 il 
 
 1 
 
 ii 
 
 ii 
 
 4 
 
 li 
 
 10th 
 
 i( 
 
 2 
 
 a 
 
 a 
 
 6 
 
 it 
 
 11th 
 
 ii 
 
 2 
 
 i( 
 
 ii 
 
 6 
 
 a 
 
 12th 
 
 i( 
 
 1 
 
 ii 
 
 a 
 
 4 
 
 a 
 
 13th 
 
 ii 
 
 1 
 
 a 
 
 is 
 
 3 
 
 a 
 
 14th 
 
 ii 
 
 1 
 
 a 
 
 ii 
 
 3 
 
 a 
 
 15th 
 
 ii 
 
 1 
 
 a 
 
 a 
 
 3 
 
 li 
 
 16th 
 
 iC 
 
 1 
 
 ii 
 
 ii 
 
 2 
 
 li 
 
 17th 
 
 ii 
 
 1 
 
 a 
 
 ii 
 
 4 
 
 a 
 
 18th 
 
 ii 
 
 1 
 
 ii 
 
 a 
 
 3 
 
 a 
 
 19th 
 
 ii 
 
 1 
 
 a 
 
 ii 
 
 2 
 
 a 
 
 20th 
 
 ii 
 
 2 
 
 a 
 
 a 
 
 6 
 
 a 
 
 21st 
 
 ii 
 
 1 
 
 ii 
 
 ii 
 
 2 
 
 li 
 
 22nd 
 
 ii 
 
 2 
 
 a 
 
 ii 
 
 6 
 
 ii 
 
 ARTICLE XV. 
 
 Miscellaneous Provisions. 
 
 Section One. The President of the Convention shall, immediately 
 after the adjournment thereof, cause this Constitution to be deposited 
 in the office of the Secretary of State, and shall transmit a copy of 
 the same to the President of the United States, to be by him laid 
 before the Congress of the United States. 
 
 Section Two. In all cases not otherwise provided for in this Con- 
 stitution, the General Assembly may determine the mode of filling 
 all vacancies in all offices, and. of choosing. all necessary officers, and 
 shall define their respective powers and duties, and provide suitable 
 compensation for all officers. 
 
 Section Three. All general elections shall be held on the Tuesday 
 succeeding the first (1st) Monday in November, and shall be biennial, 
 commencing at the general election of A.D. 1868 ; but all officers 
 
 ( 889 ) 
 
CONSTITUTION OF THE [Art. 15. 
 
 elected under the provisions of this Constitution and schedule, except 
 Members of Congress, at the election commencing on the 13 th day of 
 March 1868, shall hold and continue in office in accordance with 
 the provisions of this Constitution the same as though elected at the 
 general election, to be held on the Tuesday succeeding the first Mon- 
 day in November, 1868; and no election shall be held for said officers 
 at the election of 1868. 
 
 Section Four. All chartered cities, and villages under the laws of 
 this State, shall hold their municipal elections for the year 1868, at 
 such times and places as may be provided in this Constitution, and 
 the schedule of Mie same. i 
 
 Section Five. The term of office of all township and precinct 
 officers shall expire thirty (30) days after this Constitution goes into 
 effect, and the Governor shall thereafter appoint such officers whose 
 term of office shall continue until the General Assembly shall pro- 
 vide by law for an election of said officers. 
 
 Section Six. Until the General Assembly shall otherwise provide, 
 a prosecuting attorney for each judicial circuit shall be appointed by 
 the Governor, by and with the advice and consent of the Senate, who 
 shall hold his office for the term of four (4) years, and until his suc- 
 cessor is chosen and qualified ; Provided, That the General Assembly 
 shall not interfere with the term of any appointed prosecuting at- 
 torney. 
 
 Section Seven. The compensation of Senators and Representatives 
 shall be six (6) dollars per diem, during the first session after the 
 adoption of this Constitution, but may afterwards be prescribed by 
 law : Provided, No increase of compensation shall be prescribed which 
 shall take effect until the period for which the members of the House 
 of Representatives then existing shall have expired. 
 
 Section Eight. Senator^ and Representatives shall receive twenty 
 (20) cents for each mile necessarily travelled in going to, and return- 
 ing from the seat of government, in attending each session of the 
 General Assembly, until otherwise provided by law. 
 
 Section Nine. All salaries, fees and per diem, or other compen- 
 sation of all State, county, town or other officers within the State, 
 
 { 890 ) 
 
Art. 15.] STATE OF ARKANSAS. 
 
 shall be payable in such funds as vaiaj by law be receivable for State 
 taxes. 
 
 Section Ten. Any public fund set apart by the General Assembly 
 for one (1) purpose, shall not be used for another unless in each case 
 otherwise specially authorized by law. 
 
 Section Eleven. This Convention shall appoint not more than 
 three (3) persons, learned in the law, whose duty it shall be to revise 
 and re-arrange the statute laws of this State, both civil and criminal, 
 so as to have but one law on any one subject ; and, also, three 
 other persons learned in the law, whose duty it shall be to prepare' a 
 code of practice for the courts, both civil and criminal in this State, 
 by abridging and simplifying the rules of practice and laws in rela- 
 tion thereto ; all of whom shall, at as early a day as practicable, 
 report the result of their labors to the General Assembly for their 
 adoption or modification. The General Assembly shall provide suit- 
 able compensation for said persons appointed as aforesaid. 
 
 Section Twelve. No county now established by law shall ever 
 be reduced by the establishment of any new county or counties, to 
 less than six hundred (600) square miles ; nor shall any county be 
 hereafter established which shall contain less than six hundred (600) 
 square miles. 
 
 Section Thirteen. No indenture of any person hereafter made 
 and executed out of this State, or if made in this State, where the 
 term of service exceeds one (1) year, shall be of the least validity, 
 except those given in cases of apprenticeship, which shall not be for 
 a longer term than until the apprentice shall arrive at the age of 
 twenty-one (21) years, if a male, or eighteen (18) years if a female. 
 
 Section Fourteen. All contracts for the sale or purchase of slaves 
 are null and void, and no Court of this State shall take cognizance 
 of any suit founded on such contracts ; nor shall any amount ever 
 be collected or recovered on any judgment or decree which shall have 
 been, or which hereafter may be, rendered on account of any such 
 contract or obligation on any pretext, legal or otherwise. 
 
 Section Fifteen. There shall be a great seal of the State which 
 shall be kept and used officially by the Secretary of State, and the 
 
 { 891 ) 
 
CONSTITUTION OF THE [Art. 15. 
 
 seal heretofore in use in this Stete, shall continue to be the great 
 seal of the State, until another shall have been adopted by the Gen- 
 eral Assembly. 
 
 Section Sixteen. Private seals are hereby abolished, and hereafter 
 no distinction shall exist between sealed and unsealed instruments, 
 concerning contracts between individuals. _A11 laws of this State 
 not in conflict with ■ this Constitution, shall remain in full force 
 until otherwise provided by the General Assembly, or until they 
 expire by their own limitation. Nothing herein shall be construed 
 to'impair vested rights under provisions of existing laws. 
 
 Section Seventeen. All officers of this State, executive, legislative 
 and judicial, before- they enter upon the duties of their respective 
 
 offices, shall take the following oath : "I, , do solemnly swear, 
 
 (or affirm,) that I am not disfranchised by the Constitution or laws 
 of the United States, or the Constitution of the State of Arkansas, 
 that I will honestly and faithfully support and defend the Consti- 
 tution and laws of the United States, the Union of States, and the 
 Constitution and laws of the State of Arkansas, and that I will 
 honestly and faithfully discharge the duties of the office on which I 
 am about to enter, to the best of my ability. So help me God." 
 
 Section Eighteen. The term of all officers elected or appointed 
 under the provisions of this Constitution shall expire on the first 
 day of January, 1873, unless herein otherwise provided. 
 
 Section Nineteen. No one shall be precluded from being elected 
 or appointed to any office by reason of having been a delegate to 
 this Convention, or an officer of the same. 
 
 Section Twenty. No person shall be allowed or qualified to sit on 
 any jury who is not a qualified elector. 
 
 Section Twentt-one. The General Assembly may by general law, 
 declare the legal rate of interest upon contracts in which no rate of 
 interest is specified, but no law limiting the rate of interest for which 
 individuals may ©ontract in this State, shall ever be passed. 
 
 Section Twenty-two. AUJudges and Clerks of Election appointed 
 under provisions of this Constitution, shall take and subscribe to the 
 oath of an elector as provided in Section 5, of Article VIII before 
 
 ( 892 ) 
 
Schedule.] STATE OF ARKANSAS. 
 
 they enter upon the duties of said offices; and said Judges are hereby 
 authorized to administer the oath to each other and to the Clerks ; 
 also to administer the same to all electors offering to vote. Said 
 Judges and Clerks shall also swear to discharge their respective 
 duties to the best of their ability according to law. Judges of elec- 
 tion may appoint a suitable number of persons, who shall, with them- 
 selves, be conservators of the peace, and they are hereby empowered 
 to arrest all offenders. Any pne refusing to act as such when called 
 on by the Judges, shall be subject to a fine of at least one hundred 
 (100) dollars, or imprisonment not less than six months, or both. 
 
 SCHEDULE. 
 
 Section One. On the 13th day of March, A.D. 1868, and such 
 successive days as hereinafter provided, an election shall be held for 
 members of the House of Representatives of the United States, 
 Governor, Lieutenant Governor, Secretary of State, Auditor, Treas- 
 urer, Attorney General, Superintendent of Public Instruction, Judges 
 of the Supreme Court, memb,ers of the General Assembly and all 
 county officers, and also for the submission of this Constitution to 
 the people for their adoption or rejection. 
 
 Section Two. Upon the days designated as aforesaid, every quali- 
 fied elector under the provisions of this Constitution may vote for 
 all officers to be elected under this Constitution at such election, and 
 also for or against the adoption of this Constitution. 
 
 Section Three. In voting for or against the adoption of this Con- 
 stitution, the words "For Constitution" or "Against Constitution" 
 shall be written or printed on the ballot of each voter, but no voter 
 shall* vote for or against this Constitution on a separate ballot from." 
 that oast by him for officers to be elected at said election under this 
 Constitution. 
 
 Section Four. A Board of Commissioners is hereby appointed to 
 consist of James L. Hodges, Joseph Brooks and the President of this 
 Convention, any two of whom shall constitute a quorum to transact 
 business, who shall keep an office for the transaction of business in 
 
 ( 893 ) 
 
CONSTITUTION OF THE [Schedule. 
 
 Little Rock, and who may employ such clerical force as may be 
 necessary, said clerks not to receive more per day for each day actu- 
 ally employed than the per diem paid the assistant secretaries of this 
 Convention, and who are authorized and empowered to appoint, or 
 cause to be appointed suitable persons for judges and clerks of elec- 
 tion in each county in this State to hold the election therein for all 
 state and county officers, and for members of the General Assembly 
 and of the House of Representatives of the United States, and also 
 for the ratification of this Constitution. Said election shall be held 
 at such times and places in each county, commencing on the 13th 
 day of March, and continuing on such successive days as the Com- 
 missioners may direct, to secure a full and fair vote at such election. 
 
 Section Five. The Judges of election appointed as aforesaid, shall 
 make returns of the same to said Commissioners in such manner 
 and under such regulations as said Commissioners may prescribe, 
 which returns shall show the number of votes cast at said election 
 for and against this Constitution, and the number cast for each can- 
 didate for the ofiices provided for in this Constitution and Schedule. 
 
 Section Six. Any person contesting the election under this Con- 
 stitution for any state officer or member of the General Assembly, 
 shall do so before said Board of Commissioners, who shall have po^er 
 to decide and declare the right to any office contested, and give the 
 candidate legally elected a certificate of the samej Provided, Said 
 Commissioners may in the cases of members of the General Assem- 
 bly whose right to the seats may be contested, refer the same to the 
 General Assembly for their determination. Said Board of Commis- 
 sioners shall appoint the judges and clerks of the municipal elections 
 to be held under the provisions of this Constitution. Said judges 
 ■shall conduct and make returns of said elections in the manne? pre- 
 scribed by the charter of the city or village in which said municipal 
 election shall be held. 
 
 Section Seven. Said Commissioners shall appoint suitable persons 
 as Boards in every county, to hear and decide all cases of contested 
 county elections. 
 
 Section Eight! The said Commissioners shall have power to 
 
 ( 894 ) 
 
Schedule.] STATE OF AKKANSAS. 
 
 inquire into the fairness or validity of the voting upon the ratifi- 
 cation of this Constitution, and to count the votes given at said 
 election, and shall reject all fraudulent or illegal votes cast at said 
 election ; and said Commissioners shall also have power, whenever it 
 is made to appear that fraud, fear, violence, improper influence, or 
 restraint, were used, or persons were prevented or intimidated from 
 voting at such elections, to take such steps, either by setting aside 
 the election and ordering a new one, or rejecting votes, or correct- 
 ing the results in any county or precinct as may in such cases be 
 just and equitable. 
 
 Section Nine. That said Commissioners shall declare the result of 
 the election upon the ratification of this Constitution, and if adopted, 
 the President of this Convention shall transmit a certified copy of the 
 same, together with an abstract of the votes cast to the President of 
 the United States, to be by him laid before the Congress of the United 
 States for their approval or rejection, and shall also declare the of- 
 ficers elecfted thereunder ; and if declared ratified, the Constitution 
 shall from and after that date be in full force and effect. 
 
 Section Ten. No person disqualified fropa voting or registering 
 under this Constitution shall vote for candidates for any office, nor 
 shall be permitted to vote for the ratification or rejection of this 
 Constitution at the polls herein authorized. The Governor amd all 
 other officers elected under this Constitution, shall enter upon the 
 duties of their offices when they shall have been declared duly 
 elected by said Board of Commissioners and shall have duly quali- 
 fied. All officers shall qualify and enter upon the discharge of the 
 duties of their offices, within fifteen (15) days after they have been 
 duly notified of their election or appointment. 
 
 Section Eleven. Upon notice of the election or appointment, and 
 qualification of the officers elected or appointed, under this Consti- 
 tution, the present incumbents of all State, county and city offices 
 shall vacate the same and turn over to the officers so elected or ap- 
 pointed and qualified hereunder, all books, papers, records, monies 
 and documents belonging or pertaining to said offices on application 
 
 ( 895 ) 
 
CONSTITUTION OF THE [Schedule. 
 
 made by the officers elected or appointed and qualified under this 
 Constitution. 
 
 ' Section Twelve. Any person may vote at the polls herein author- 
 ized for the election of officers and ratification of this Constitution 
 whom the judges of said election shall be satisfied by oath of the 
 person offering to vote, and such other satisfactory evidence as they 
 may require, is a legally qualified elector under this Constitution; 
 Prcmided, The judges of election shall administer to every person 
 offering to vote, at said election, the oath prescribed in this Consti- 
 tution. 
 
 Section Thirteen. In the event that either of the three (3) Com- 
 missioners, appointed by section four, hereof, should be a candidate 
 for any office, the other two Commissioners shall canvass the vote 
 so far as it relates to that office, and issue the certificate to the 
 person elected. 
 
 Section Fourteen. In case of death or any disability of any mem- 
 ber or members of said Board of Commissioners, the femaining 
 Commissioner or Commissioners, shall have power to fill such va- 
 cancy ; and said Commissioner or Commissioners so appointed ; shall 
 have full power to act as though originally appointed. 
 
 Section Fifteen. Any person selling or giving away intoxicating 
 liquor,* during the time of the election, herein provided for, shall be 
 punished by a fine of not less than two hundred (200) dollars, for 
 each and every offense, or imprisonment not less than six months, 
 or both. 
 
 Section Sixteen. Said Commissioners shall provide suitable poll 
 books for each county, and such instructions as may be necessary to 
 carry into effect the provisions of this schedule. Judges and clerks 
 of election thus appointed, shall receive the same per diem as the 
 boards of registers provided for in the act entitled " An act to pro- 
 vide for the more efficient government of the rebel States," passed 
 March 2nd, 1867, and acts supplementary thereto. 
 
 Section Seventeen. The Commissioners herein appointed, shall 
 receive for their services, for each day actually employed such com- 
 pensation per day and allowances, and in such manner as are now 
 
 ( 896 ) 
 
Schedule.] STATE OP ARKANSAS. 
 
 provided for members of this Convention. All expenses incurred 
 under this schedule, not otherwise provided for, shall be paid out of 
 the appropriation for defraying the expenses of this Convention. * 
 
 Done iri Convention, at Little Roek, the eleventh day of February, in the 
 year of. our Lord one thousand eight hundred and sixty-eight, and 
 of the independence of the United States the ninety second. 
 
 In Witness whereof, we have hereunto subscribed our names. 
 
 THOMAS M. BOWEN, 
 
 President of the Convention, 
 and Delegate from the County of Crawford. 
 
 GBOEGB S. SCOTT, Little Eiver County. 
 
 FEED. E. POOLE, Miss. & Craighead Cos. 
 
 GBOEGrE W. DALE, Independence County. 
 
 PETEE C. MISNEE, " " 
 
 CLIFFOED STANLEY SIMS, Delegate from Desha County. 
 
 DANIEL COATBS, Delegate from Saint Francis County. 
 
 J. A. HOUGHTON, Delegate from Cross & Poinsett Counties. 
 
 FEANKLIN MONEOE EOUNSAVILLB, Yell County. 
 
 SOLOMON BXON, Delegate from Clark County. 
 
 MILES LEDFOED LANGLBY,. " 
 
 GAYLB H. KYLE, Delegate from Dallas County. 
 
 MOSES BELL, Delegate from Sebastian County. 
 
 JOHN H. HUTCHINSON, M.D., Delegate from Arkansas County. 
 
 JOHN McCLUEB, Del. Arkansas County. 
 
 AMOS H. EVANS, Delegate from Monroe County. 
 
 JOHN N. SAEBBE, Delegate from Johnson County. 
 
 JESSE MILLSAPS, Delegate from Van Buren County. 
 
 WILLIAM A. WYATT, Delegate from Searcy and Fulton Counties. 
 
 ANTHONY HINKLB, Delegate from Conway County. 
 
 O. P. SNYDEE, Delegate from Jefferson County. 
 
 SAMUEL W. MALLOEY, Delegate from Jefferson County. 
 
 JAMES M. GEAY, Delegate from Jefferson County. 
 
 JOSEPH BEOOKS, Phillips County. 
 
 THOMAS SMITH, 
 
 WILLIAM H. GEEY, " 
 
 JAMBS T. WHITE, " 
 
 PAELEY A WILLIAMS, Delegate from Marion and Newton. 
 
 57 ( 897 ) 
 
CONSTITUTION OF THE 
 
 ■ 
 
 EOBEET HATFIELD, Delegate from Franklin County. 
 JOHN "W. HAEEISON, Delegate from Hot Springs County. 
 JAMBS W. MASON, Delegate from Chicot County. 
 GBOEGB "W. McCOWN, Delegate from Columbia County. 
 WILLIAM G. HOLLIS, Delegate from Calhoun Co. 
 JAMES L. HODGES, Delegate from Pulaski Co. 
 JAMES HINDS, Delegate from Pulaski Co. 
 HENEY EBCTOE, Delegate from Pulaski County. 
 THOMAS P. JOHNSON, Delegate from Pulaski County. 
 JOHNC. PEIDDY, Delegate from Montgomery Co. 
 ASA HODGES, Delegate from Crittenden Co. 
 F. M. SAMS, Delegate from Madison County. 
 CHARLES H. OLIVBE, Delegate from Scott County. 
 NATHAN N. EAWLINGS, from Ouachita County. 
 JNO. E. MONTGOMEEY, Delegate from Hempstead County. 
 SOLOMON D. BELDBN, Delegate from Hempstead County. 
 EICHAED SAMUELS, 
 
 E. C. VAN HOOK, Delegate from Union County. 
 lEA L: WILSON, Delegate from Union County. 
 WALTER W. BEASHEAE, Delegate from Pope County. 
 ALFEED M. MERRICK, Delegate from Lafayette County. 
 WILJpiAM A'. BEASLEY, Delegate from Columbia County. 
 JAMBS P. ' POETIS, Delegate from Ouachita County. 
 MONEOE HAWKINS, Delegate from Lafayette County. 
 WILLIAM MURPHY, Delegate from Jefferson County. 
 
 Attest : 
 
 John G. Price, 
 
 ( Secretary. 
 
 ( 898 ) 
 
Ordinance.] STATE OF ARKANSAS. 
 
 AN ORDINANCE, 
 
 To PROVIDE FOR AN ELECTION BY THE VOTERS REGISTERED IN THIS StATE, 
 UNDER AN ACT OF CONGRESS ENTITLED "An ACT TO PROVIDE FOR 
 THE MORE EFFICIENT GOVERNMENT OF THE REBEL StATES," PASSED 
 
 March 2nd, 1867, and the Acts supplementary thereto. 
 
 Section One. Be it ordained, that any voter registered under the 
 provisions of an act of Congress entitled " An act to provide for the 
 more efficient government of the rebel States," passed March 2nd, 
 1867, and the supplementary acts thereto, shall be permitted to 
 vote in any county in this State, where he may be at the time of the 
 election, upon the ratification of the Constitution framed by this 
 Convention. 
 
 Section Two. That in voting for or against the ratification of 
 this Constitution, the words ''For Constitution" or "Against Consti- 
 tution" shall be written or printed on each ballot; but no person 
 shall vote at the polls provided for by this ordinance, for any State 
 or county officer prescribed in said Constitution. 
 
 Section Three. Said election shall be held at such times and 
 places as may be designated by the Board of Commissioners ap- 
 pointed under the provisions of the schedule to the Constitution 
 submitted by this Convention to the people. 
 
 Section Four. The secrecy of the ballot shall be preserved in- 
 violate. No Judge, inspector, or other election officer, shall mark 
 or deface or permit to be marked or defaced, any ballot cast at the 
 poll at which he is acting, whereby, may be ascertained the manner 
 in which any elector voted. 
 
 Appended to the Constitution, and passed hy the Convention February 
 nth, 1868. 
 
 THOMAS M. BOWEN, 
 
 President of the Convention. 
 ( 899 ) 
 
General Index. 
 
GENERAL INDEX. 
 
 [The references are to the numbers, included in parentheses, at foot of the pages.] 
 
 Absence, Members to receive no pay for time of, 245. 
 
 Resolution relating to per diem for time of absence, 245. 
 Absence, Leaves of, 246, 472, 473, 475, 728, 731. 
 Remarks on, by — 
 Mr. Brooks, 729. 
 Mr. Gantt, 729. 
 Mr. Cypert, 729. 
 Resolution directing the 8ergeant-at-Arms to bring in all absent 
 members, and revoking leaves of absence heretofore given, 731. 
 Remarks on, by — 
 Mr. McClure, 731. 
 Mr. Hodges, of Pulaski, 731. 
 Mr. Brooks, 732, 734. 
 Mr. Mallory, 734. 
 Resolution revoking leaves of absence of members of Conven- 
 tion who have not left the city, and directing the Sergeant-at- 
 Arms to bring them before the Convention, 735. 
 Accounts of the Convention, Audit of, 725. 
 Remarks on, by — 
 Mr. Mason, 725. 
 Mr. Hodges, of Pulaski, 725. 
 Acts of Congress — see Reconstruction Acts. 
 Adams, W. C, 159, 162. 
 
 Adams, "W". "W"., a delegate from Izard County. 
 Election announced, 771. 
 Resolution declaring, entitled to seat, 249. 
 Appeared, 581. 
 Sworn, 581. 
 
 68, 69, 70, 249, 581, 657, 665, 728, 771. 
 Explanation of vote on Constitution, 657, 665. 
 
 ( 903 ) 
 
GENBEAL INDEX. 
 
 Adjourn, Motions to, 46, 54, 57, 68, 74, 76, 87, 98, 123, 129, 153, 158, 167, 
 185, 199, 227, 246, 294, 315, 341, 362, 476, 511, 524, 540, 568, 
 685, 703, 738, 760, 763. 
 
 Yeas and ISTaya on, 419, 420, 421, 524, 540, 613. 
 Adjournment, Final, 394, 423, 724, 730, 760, 763, 764. 
 
 Resolution providing that when the Convention finally adjourns, 
 it shall be at the call of the President, 396. 
 Remarks on, by : — 
 Mr. Kyle, 396, 413. 
 Mr. Cypert, 396, 398, 401, 409, 410, 411, 412, 418, 414, 415, 
 
 416. 
 Mr. Hinds, 398. 
 Mr. Bradley, 399, 406. 
 Mr. Brooks, 400, 401, 402, 407, 410, 413. 
 Mr. Duvall, 406, 407. 
 Mr. Grey, of Phillips, 417. 
 Mr. Hicks, 423. 
 Mr. McClure, 423. 
 Resolution providing that if the Convention be not convoked 
 within one year from final adjournment, it shall stand ad- 
 journed sine die, 724. 
 Yeas and Nays on, 275, 395, 400, 409, 418, 419, 420, 421. 
 
 Adjournments, 64, 57, 68, 74, 76, 98, 129, 163, 168, 185, 199, 227, 246, 294, 
 315, 341, 362, 476, 511, 524, 540, 568, 685, 703, 738, 764. 
 
 Admission of the State to Representation in Congress, Act of, 810, 
 and Addenda following. 
 
 Agee, John, elected Second Assistant Doorkeeper, 51. 
 Sworn, 56. 
 
 Alexander, Chaplain of Senate of Arkansas, 803. 
 
 Allen, Hampton T., a Delegate from G-reene County. 
 
 Election announced, 86. [Did not appear in the Convention.] 
 
 36, 60, 61. 
 Amalgamation — see Intermarkiage oe the Races:' 
 
 Amendment to Constitution of United States, Fourteenth Article of. Pro- 
 ceedings of General Assembly of State of Arkansas upon ratifi- 
 cation of, 800. 
 
 Appendix, 766. 
 
 Table of contents of, 767. 
 
 Apportionment, Committee on, 61. 
 
 , Addition to Committee on, 74. 
 
 Ard, James, Testimony of, before Special Committee on the Penitentiary, 
 775. 
 
 ( 904 ) 
 
GENBEAL INDEX. 
 
 Arkansas River, Improvement of navigation of, 233, 294. 
 
 Memorial to Congress for appropriation for improvement of nav- 
 igation of, 233, 294. 
 Remarks on, by : — 
 
 Mr. Brooks, 295, 296, 299. 
 
 Mr. McOown, 295, 297. 
 
 Mr. Portis, 296, 297, 298. 
 
 Mr. Hinds, 296, 298, 299. 
 
 Mr. Hodges, of Pulaski, 297, 299. 
 
 Mr. Montgomery, 297. 
 
 Mr. Kyle, 298. 
 
 Mr. Cypert, 299. 
 
 Mr. Duvall, 299. 
 
 Arnold, Richard, Bv't. Maj. Gen., Comm'd'g Post, and Supervising In- 
 spector Military Prison of Little Rock, Communication from 
 to Hdqrs. 4tli Mil. Dist, .782. 
 Assets in the State Treasury — see Treasury. 
 Asylum for deaf mutes, 205, 247. 
 Ashley County Election, 130, 166, 252, 743. 
 Declared invalid, 34. 
 Order declaring, invalid, revoked, 39. 
 « « (Sub-dist. Ark.) 40. 
 
 Remarks on, by: — 
 Mr. Brooks, 130, 131, 187. 
 Mr. Matthews, 130. 
 Mr. Cypert, 130, 134, 136, 137. 
 Mr. McClure, 131, 133, 134. 
 Mr. Bradley, 132, 134. 
 Mr. Kyle, 132, 133. 
 Mr. Hoge, 138. 
 Resolution instructing Committee on Elections to report at once, 
 in relation to, 166. 
 Remarks on, by : — 
 Mr. Walker, 166. 
 Mr. Sarber, 166. 
 Majority Report of Committee on Elections,in relation to, 252, 320. 
 Minority Report of Committee on Elections, in relation to, 253, 
 320. 
 Remarks on, by : — 
 
 Mr. Gantt, 256, 335, 336., 337. 
 Mr. Wilson, 256, 327, 331, 336. 
 • Mr. Kyle, 257, 349. 
 
 Mr. Cypert, 257, 258, 824, 332, 333, 334, 345. 
 Mr. Hinds, 257, 259, 331, 844, 346. 
 
 ( 905 ) 
 
GENERAL INDEX. 
 
 Remarks on, by : — 
 
 Mr. Hodges, of Pulaski, 258, 346. 
 Mr. Brooks, 259, 327, 334, 340. 
 Mr. Norman, 320. 
 
 Mr. Sarber, 323, 324, 332, 333, 348, 351. 
 Mr. Moore, 324, 325, 345. 
 Mr. Mallory, 329. 
 Mr. Duvall, 333. 
 Mr. McClure, 333. 
 Mr. Dale, 339, 340. 
 Mr. McCown, 344, 350, 351. 
 Mr. Bradley, 347. 
 Mr. Beasley, 348. 
 Testiinony accompanying report of Committee on Elections on 
 
 the, 772. 
 Yeas and Nays on, 135, 138, 345, 352. 
 Ayers, Isaac, Representative in General Assembly, 1868, 798. 
 Ayres, W. P., Testimony of, before Special Committee on Peniten- 
 tiary, 777. '^ 
 
 B, 
 Banking, and c(jrporations other than municipal, 248, 476. 
 Committee on, 61. 
 Report from, 248, 476. 
 Bankrupt law, Memorial for amendment of, 318. 
 Bard, Samuel, Representative in General Assembly, 1868, 797. 
 Barker, E. G., Senator of Arkansas, 1868, 798. 
 Beasley, William A., a Delegate from Columbia County. 
 Election announced, 34. 
 Appeared, 45. 
 
 Sworn, 53. t 
 
 34, 45, 53, 57, 58, 60, 61, 98, 161, 174, 193, 205, 214, 218, 222, 230, 
 232, 233, 234, 243, 244, 286, 300, 318, 319, 348, 369, 400, 416, 
 419, 428, 430, 469, 470, 506, 507, 508, 525, 613, 617, 658, 743, 
 744, 747. 
 Resolution offered by, 58. 
 Explanation of vote on Constitution, 658, 747. 
 Remarks on : 
 Little Rock and Fort Smith Railroad, 161. 
 Expenses of the Convention, 214. 
 Compensation of members and officers, 218, 318. 
 Ashley County election, 348. 
 Continuance of Freedmen's Bureau, 428, 430. 
 Intermarriage of the races, 507. 
 Representative in General Assembly, 1868, 798. 
 ( 906 ) 
 
GENERAL INDEX. 
 
 Belden, D. P., elected First Assistant Sergeant-at-Arms, 151. 
 
 Sworn, 55. 
 
 Senator of Arkansas, 1868, 798. 
 Belden, Solomon D., a Delegate from Hempstead County. 
 
 Election announced, 35. 
 
 Appeared, 45. 
 
 Sworn, 53. 
 
 35, 45, 53, 54, 55, 56, 61, 185. 
 
 Eepresentative in General Assembly, 1868, 798. 
 Bell, Moses, a Delegate from Sebastian County. 
 
 Election announced, 35. 
 
 Appeared, 46. 
 
 Sworn, 53. 
 
 35, 46, 49, 50, 53, 58, 61, 232, 266, 267, 274, 576, 660, 683, 698, 
 696, 735, 736. 
 
 Resolution offered by, 266. 
 
 Explanation of vote on the Constitution, 660, 683. 
 
 Kemarks on : 
 
 Compensation of menttbers and officers, 274. 
 Benjamin, M, W., Representative in General Assembly, 1868, 798, 800. 
 Berry, J. R., nominated for Secretary of the Convention, 48. 
 
 Nomination withdrawn, 49. 
 
 Auditor of State of Arkansas, 1868, 797. 
 Board of Commissioners of Election — see Commissioners op Election, 
 
 Board of. 
 Boards of codification. Vacancies in, 737. 
 
 Resolution providing for filling vacancies in, 737. 
 Boles, Thomas, elected Representative in Congress, 798. 
 
 Boundaries, Committee on, 60. 
 
 Reports from, 207, 300, 471. 
 Instructions to, 245. 
 of Franklin and Scott Counties, 537. 
 
 Resolution erecting Magazine County out of portions of Frank- 
 lin and Scott Counties, 538. 
 Boundary line of Ouachita and Calhoun Counties— see Ouachita. 
 Bonds of IT. S.— see Funds. 
 
 Bowen, Thomas M,, a Delegate from Crawford County. 
 Election annonnced, 34. 
 Appeared, 45. 
 
 Nominated for President of the Convention, 46. . 
 Elected President, 48. 
 Remarks on assuming the Presidency of the Convention, 48. 
 
 Sworn, 53. 
 
 ( 907 ) 
 
GENEEAL INDEX. 
 
 Bowen, Thomas M., 34, 45, 46, 48, 53, 66, 159, 160, 162, 287, 289, 681, 
 
 761, 784, 785, 791, 794, 795, 796. 
 Resolution offered by, 288. 
 Biemarks on : — 
 
 Little Eock and Fort Smith Eailroad, 160, 162, 287. 
 
 Relief for poor of the State, 289. 
 Valedictory remarks, 761. 
 Associate Justice of Supreme Court, 1868, 797. 
 
 Bradley, John»M., a Delegate from Bradley County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 
 34, 45, 46, 47, 53, 56, 60, 61, 62, 63, 70, 71, 73, 74, 75, 101, 117, 
 132, 134, 153, 182, 246, 342, 347, 348, 363, 364, 367, 368, 369, 
 371, 378, 392, 399, 406, 436, 437, 449, 452, 470, 474, 481, 489, 
 490, 608, 510, 520, 621, 624, 526, 535, 542, 646, 560, 563, 555, 
 657, 560, 562, 564, 567, 571, 577, 642, 662, 653, 664, 665, 656, 
 660, 661, 669, 679, 680, 683, 728. 
 
 Resolutions offered by, 62, 63,* 363, 452. 
 Explanation of vote on the Constitution, 660. 
 Remarks on : — 
 
 Withdrawing the nomination of Mr. Kyle as President of the 
 Convention, 47. 
 
 Reduction in number of officers, and of newspapers furnished, 
 62, 63. 
 
 Izard County election, 70. 
 
 Committee on Penitentiary, 71. 
 
 Limitation of Debate, 73. 
 
 Adoption of the Constitution of 1864, 117. 
 
 Ashley County election, 132, 134, 347. 
 
 Powers and duties ofthe Convention, 182. 
 
 Litermarriage ofthe races, 364, 368, 369, 489, 608, 510. 
 
 Final adjournment, 399, 406. 
 
 Continuance of Freedmen's Biireau, 436, 437. 
 
 Lease of Penitentiary, 481. 
 
 Finances of the State, 663, 656, 567, 562. 
 
 Question of privilege, 567. 
 
 Brashear, Walter W., a Delegate from Pope County. 
 Election announced, 35. 
 Appeared, 46. 
 Swoi;n, 63. 
 Appointed one of the Vice-Presidents of the Convention, 700. 
 
 35, 45, 53, 60, 61, 185, 223, 245, 315, 461, 676, 661, 662, 682, 700. 
 Resolution, offered by, 246. 
 
 ( 908 ) 
 
GBNBEAL INDEX. 
 
 Brashear, "Walter "W., Explanation of vote on tbe Constitution, 661. 
 
 Eemarks on : — 
 
 Izard County election, 576. 
 
 Representative in G-eneral Assembly, 1868, 797, 
 Briley, W. A., named for Secretary to the Convention, 49. 
 Britton, William A., Representative in General Assembly, 1868, 798. • 
 
 Brooks, Joseph, a Delegate from Phillips County. 
 
 Election announced, 35. 
 
 Appeared, 46. 
 
 Sworn, 53, 
 
 Appointed one of the Vice-Presidents of the Convention, 700. 
 
 35, 44, 46, 48, 50, 52, 53, 55, 56, 57, 58, 59, 60, 61, 66, 67, 69, 73, 
 74, 78, 79, 89, 98, 99, 100, 101, 102, 103, 105, 110, 123, 125, 
 130, 131, 132, 136, 137, 138, 140, 145, 155, 158, 159, 161, 175, 
 181, 182, 184, 185, 186, 187, 188, 189, 192, 193, 194, 197, 198, 
 199, 201, 203, 205, 207, 209, 211, 212, 213, 217, 219, 221, 222, 
 223, 224, 226, 228, 232, 235, 240, 241, 242, 243, 244, 246, 249, 
 250, 256, 259, 260, 265, 266, 267, 268, 269, 270, 271, 276, 277, 
 278, 279, 280, 283, 285, 286, 290, 295, 296, 299, 300, 301, 306, 
 307, 309, 310, 313, 315, 317, 318, 319, 320, 325, 327, 334, 336, 
 340, 341, 342, 354, 357, 362, 379, 383, 387, 400, 401, 402, 407, 
 410, 411, 412, 413, 414, 415, 418, 420, 421, 422, 423, 443, 452, 
 473, 474, 481, 483, 484, 485, 490, 501, 506, 508, 512, 516, 577, 
 524, 526, 527, 528, 530, 535, 538, 539, 548, 550, 557, 565, 567, 
 568, 573, 575, 576, 578, 583, 612, 616, 617, 633, 653, 654, 661, 
 662, 663, 684, 685, 689, 690, 693, 694, 697, 698, 699, 700, 701, 
 702, 724, 729, 730, 732, 734, 739, 744, 745, 746, 753, 754, 757, 
 758, 759, 791, 794, 795. 
 
 Resolutions offered by, 55, 58, 67, 79, 159, 185, 197, 319, 320, 701. 
 
 Orders offered by, 744, 785. 
 
 Explanation of vote on the Constitution, 662. 
 
 Remarks on : — 
 
 Resolution for the relief of the poor of the State, 55. 
 
 for reduction in number of officers, and of newspapers fur- 
 nished, 59. 
 Adoption of Constitution of 1864, 99, 100, 101, 102, 103, 105, 
 
 110, 125, 145. 
 Ashley County election, 130, 131, 137. 
 County-seat of Little River County, 155, 301. 
 Little Rock and Fort Smith Railro§,d, 161. 
 Ordinance making appropriations for payment of expenses of 
 
 Convention, 175, 194, 213. 
 Powers and duties of the Convention, 182. 
 Appointment of Committee on Correspondence, 199. 
 
 ( 909 ) 
 
GENERAL INDEX. 
 
 Jrooks, Joseph — Remarks on : — 
 
 Criminal and II. S. Court at Helena, 20'3. 
 
 Ordinance regulating the compensation of members and officers, 
 47, 219, 221, 224, 269, 270, 278, 280. 
 
 Resolution relating to disfranchisement, 235, 240, 241. 
 
 Relief for the Poor of the State, 250, 290. 
 " Ashley County election, 259, 327, 334, 340. 
 
 Resolution relating to lease of Penitentiary, 265. 
 
 Navigation of Arkansas River, 295, 296, 299. 
 
 Sale of Arkansas Hot Springs, 306: ' 
 
 Removal of papers from Secretary's desk, 306, 307. 
 
 Per diem- of delegates from Ashley County, 309, 310. 
 
 Intermarriage of the races, 379, 383, 387, 443. 
 
 Final adjournment, 400, 401, 402, 407, 410, 413. 
 
 Minority Report of Committee on Penitentiary, 626, 527, 528, 530. 
 
 Finances of the State, 548, 550. 
 
 Question of privilege, 567, 568. 
 
 Izard County election, 573, 576. 
 
 Per diem and mileage of contestants from Ashley County, 697. 
 
 Leaves of absence, 729, 734. 
 
 Publication and distribution of Debates and Proceedings, 745. 
 
 Removal of political disabilities, 753, 754. 
 
 Protest ■ iiled against the Constitution, its Schedule and Ordi- 
 nance, 757, 758, 759. 
 lush, James R., Representative in General Assembly, 1868, 798. 
 lutler, James A., Representative in General Assembly, 1868, 798. 
 
 C. 
 
 laldwell, Hon. Henry E., 53, 64. 
 
 )alhoun County Election, declared invalid, 34. 
 
 I^ew election ordered, 37. 
 /alhoun and Ouachita Counties, Boundary line of^ — see Ouachita. 
 Jarhart, J. "W., Secretary of Senate of Arkansas, 1868, 803. 
 Carroll, A. T., Representative in General Assembly, 1868, 798. 
 Jaterson, Robert F., Representative in General Assembly, 1868, 798. 
 vausine, William, named for First Assistant Secretary, 50. 
 Dertificates of pay and mileage, 727, 728. 
 
 Remarks on, by : — 
 Mr. Gantt, 727, 728. 
 /crtificates of election, Presentation of, 44. 
 Chaplain to the Convention,. Election of, 52. 
 
 Religious services by, 185. 
 
 Resolution providing for religious services by, 185. 
 
 Address by, 750. 
 ( 910 ) 
 
GBNBEAL INDEX. 
 
 Chappell, Thomas, Testimony of, before Special Committee on the Peni- 
 tentiary, 777. 
 
 Children, Illegitimate, 539. 
 
 Ordinance relating to inheritance of illegitimate children, 539. 
 
 Chrisman, ¥. M., Representative in G-eneral Assembly, 1868, 798. 
 
 Circulars (Military)— see District, Fourth. Military, and Sub-bistrict of 
 Arkansas. 
 
 Cities and villages. Organization of Q-overnment of. Committee on, 60. 
 
 Report from, 208, 471. 
 Clayton, Powell, Governor of Arkansas, 1868, 797. 
 Clem, Jeremiah, Representative in General Assembly, 1868, 797. 
 Coates, Daniel, a Delegate from St. Francis County. 
 Election announced, 36. 
 Appeared, 46. 
 Sworn, 53. 
 
 36, 46, 49, 53, 35, 60, 61, Ji, 284, 307, 633, 647, §6B, 685. 
 Explanation of vote on the Constitution, 663. 
 Representative in General Assembly, 1868, 798; 
 Codification of Statutes and preparation of Code of Practice, 701. 
 Resolution providing for appointment of Boards of, 701. 
 Appointment of Boards of, 736. 
 Commissioners to locate County-seat of Little River County — see Little 
 
 River County. 
 Commissioners to investigate affairs of Little Rock and Fort Smith Rail- 
 road — see Little Rock and Fort Smith Railroad. 
 ^Commissioners to codify Statutes and to prepare Code of Practice — see 
 
 Codification. 
 Commissioners of Election, Board of, Ifotice by, of election under pro- 
 visions of the Constitution, for the ratification thereof, 784. 
 Communication from, to Headqrs. 4th Mil. Dist. (payment of ex- 
 penses of the election provided^ for by Schedule to Constitu- 
 tion), 789. 
 Communication to, from Hdqrs. 4th Mil. Dist. (in response), 791. 
 ' Proclamation of, announcing ratification of Constitution, at elec- 
 tion held under provisions of the Schedule thereto, 794. 
 Committees, Standing, of the Convention, Table of, 13. 
 Resolution for appointment of, 52. 
 Announcement of, 60. 
 Reports of [subject of], 489, 510. 
 
 Committees, Standing : — 
 
 on Amending and Revising Constitution, 53, 61. 
 
 Report of, 353. 
 on Apportionment, 53, 61. 
 
 ( 911 ) 
 
GBNEEAL INDEX. 
 
 Committees, Standing: — 
 
 Addition to Committee on Apportionment, 74. 
 on Boundaries, 52, 60. 
 
 on Banking, and Corporations other than Municipal, 52, 61. 
 on the Constitution, its Arrangement and Phraseology, 52, 60. 
 on Counties and Townships, 52, 61. 
 on Correspondence, 16. 
 on Executive Department, 52, 60. 
 on Elective Franchise, 52, 61. 
 on Education, 52, 61. 
 
 on Exemption of Real and Personal Estate, 63, 61. 
 on Elections, 53, 61. 
 on Engrossment, 53, 61. 
 on Federal Relations, 87, 99. 
 
 on Finance, Taxation, Public Debt, and Expenditures, 52, 61. 
 on Impeachment, and Removal from Office, 53, 61. 
 on Internal Improvements, 53, 61. 
 on the Judiciary, 52, 60. 
 
 Addition to, 76. 
 on Legislative Department, 52, 60. 
 on Miscellaneous Provisions, 53, 61. 
 on Memorials and Ordinances, 61. 
 on Militia, 53. 
 
 on Organization of Government of Cities and Villages, 52, 60. 
 on Preamble and Bill of Rights, 52, 60. 
 on Printing, 53, 61. 
 
 on State Officers, other than Executive, 52, 60. 
 on Salaries, 60. 
 on Schedule, 53, 61. 
 on Supplies, 63, 61. 
 on Ratification, 199. 
 on Coi'respondence, 199. 
 
 Committees, Special : — 
 
 on Form of Oath, 48. 
 
 to conduct the President to the chair, 48. 
 
 on Standing Rules of Order, 55. 
 
 Resolution providing for appointment of, 55. 
 
 Addition to, 57. 
 on Relief for the Poor of the State, 55. 
 
 Addition to, 362. 
 on Penitentiary, 71. 
 
 Additions to, 265. 
 to wait on Gov. Murphy and Gen. Smith, and invite them to 
 
 seats within bar of the Convention, 74. 
 
 (912 ) 
 
GBNBEAL INDEX. 
 
 Committees, Special : — 
 
 to prepare Memorial to Congress, for removal of political disa- 
 bilities, 184. 
 to prepare Memorial to Congress, for sale of Arkansas Hot 
 
 Springs, 307. 
 on memorializing Congress for an appropriation for the improve- 
 ment of Ouachita River, 316. 
 to draft meaiorial to Congress for the continuance of the Freed- 
 
 men's Bureau, 316. 
 to tender use of hall for Democratic Convention, 361. 
 Committee-rooms, Arrrangement of, 76. 
 
 Resolution relating to the, 76. 
 Committee of the "Whole, on Relief for the Poor of the State, 286. 
 
 Communications from : — 
 
 State Treasurer, giving information in regard to assets in State 
 
 Treasury, 79. « 
 Secretary of Little Rock and Fort Smith R. R., relative to the 
 
 proposed investigation of its afi'airs, 227. 
 State Treasurer, regarding payment of expenses of the Conven- 
 tion, 231. 
 Hdqrs. 4th Mil. i>ist., relative to the payment of the expenses of 
 
 the Convention, 686. ' 
 
 State Treasurer, relative to the issue of Auditor's warrants for 
 
 expenses of Convention, 737. 
 Hdqrs. 4th Mil. Dist. (Election for ratification of Constitution), 739. 
 Hdqrs. 4th Mil. Dist. (Expenses of Convention), 760. 
 Compensation, of members and officers, 215, 232, 267, 272, 316, 686. 
 Ordinance regulating the, 215. 
 Remarks on, by : — 
 
 Mr. McClure, 215, 220, 269, 272. 
 
 Mr. Mallory, 216, 283. 
 
 Mr. Hodges, 217, 218, 219. 
 
 Mr. Beasley, 218. 
 
 Mr. Montgomery, 219, 223, 272, 278. 
 
 Mr. Brooks, 219, 221, 224, 269, 270, 278, 280. 
 
 Mr. Cypert, 220, 282. 
 
 Mr. Duvall, 221. 
 
 Mr. Wilson, 225. 
 
 Mr. Kyle, 225. 
 
 Mr. McCown, 273, 274, 282. 
 
 Mr. Bell, 274. 
 
 Mr. Poole, 275. 
 
 Mr. Hinds, 276, 277. 
 
 Mr, Hodges, of Pulaski, 282. 
 
 58 ( 913 ) 
 
GBNBEAL INDEX. 
 
 Compensation of members and. officers: — 
 
 Ordinance regulating the — Remarks on, by : — 
 
 Mr. -Langley, 283. 
 Ordinance providing for the per diem and mileage of the mem- 
 bers, and the per diem of the officers, of the Constitutional 
 Convention of the State of Arkansas, 316. 
 Remarks on, by: — 
 Mr. Hoge, 317. 
 Mr. Duvall, 317. 
 Mr. Beasley, 318. 
 Yeas and Nays on, 226, 274, 284, 285, 318. 
 
 Compensation of delegates from Ashley County, 309. 
 Resolution providing for, 309. 
 Remarks on, by: — 
 Mr. Matthews, 309. 
 Mr. Brooks, 309, 310. , 
 
 Mr. Mallory, 310. 
 Mr. Kyle, 311. 
 Mr. McClure, 311. 
 
 Compensation of contestant from Ashley County, 695. 
 
 Resolution allowing mileage and per diem to Mr. Harbison, con- 
 testant from Ashley County, 695. 
 Remarks on, by: — 
 
 Mr. Mallory, 697. 
 
 Mr. Kyle, 697. 
 
 Mr. Cypert, 697. 
 
 Mr. Brooks, 697. 
 
 Mr. Sarber, 697. 
 
 Mr. Gantt, 697. 
 
 Compensation of delegates from Izard County, 691. 
 
 Resolution allowing Hon. W. W. Adams the same per diem as 
 other members of the Convention, 691. 
 Remarks on, by : — 
 
 Mr, McClure, 691, 692. i 
 
 • Mr. Cypert, 691. 
 Mr. Dale, 692. 
 Mr. MontgSmery, 692. 
 
 Compensation and mileage of Stenographer, 724. 
 
 Order allowing the Stenographic Reporter compensation for time 
 consumed in travelling to and from the Convention, and mile- 
 age for distance travelled, 724. 
 
 Compensation and mileage of Assistant Secretaries, 735, 747. 
 
 Order providing that the First and Second Assistant Secretaries 
 ( 914' ) 
 
GEJSTEEAL INDEX. 
 
 be allowed the pay and mileage for each thirty miles travelled, 
 the same as Delegates from their respective counties, 735. 
 Remarks on, by : — 
 
 Mr. Kyle, 735. • • 
 
 Mr. Cypert, 735. 
 Resolution providing that the Assistant Secretaries receive ten 
 dollars per day, instead of eight, 747. 
 Remarks on, by : — • 
 
 Mr. Gantt, 748. 
 Mr. Smith, 748. 
 Compensation of Deputy SherilBEs, 157, 196, 512, 740. 
 
 Report from Committee on Finance, upon, 196. 
 Congress, Act of, admitting the State to representation, Addenda follow- 
 ing 812. 
 
 Congress, Action of, on admission of the State to representation, etc., 810, 
 and Addenda following 812, 
 
 Congress, Members of, chosen at first election held under Constitution of 
 1868, 798. 
 
 Congress, Reconstruction Acts of— see Reconstruction Acts. 
 Constitution of 1864, Adoption of, 88, 90, 123, 140, 156. 
 
 Ordinance adopting a Constitution [Constitution of 1864], 88. 
 Remarks on, by : — 
 
 Mr. Cypert, 88, 89, 101, 103, 105, 110, 140, 147. 
 • Mr. Grey, of Phillips, 88, 91. 
 Mr. Brooks, 99, 103, 125, 145. 
 Mr. Bradley, 101, 117. 
 Mr. Hicks, 113. 
 .Mr. Duvall, 123. 
 Yeas and l^ays on, 157. 
 Constitution of Arkansas, from certified copy, 851. 
 
 Constitution, Amendment and revision of, 353, 472. 
 
 Report of Committee on, 353. 
 Constitution, its Arrangement and Phraseology, Committee on, 60. 
 
 Report from, 583. 
 Constitution, its Schedule, and Ordinance, 614, 616, 640, 642, 656, 725, 
 752, 756'. 
 Remarks on, by: — 
 Mr. Matthews, 618. 
 Mr. Norman, 624. 
 Mr. Murphy, 629. 
 Mr. Moore, 631. 
 Mr. Hodges, of Pulaski, 638. 
 Mr. Cypert, 639. 
 
 ( 91^ ) 
 
GBNEEAL INDEX. 
 
 Constitution, its Schedule and Ordinance — Remarks on, by: 
 Mr. Hinkle, 642. 
 Mr. Duvall, 644. 
 Mr. Hinds, 646. 
 Mr. Gantt, 651. 
 Remarks in explanation of vote on, by: — ■■ 
 Mr. Adams, 666. 
 Mr. Beasley, 658» 
 Mr. Bell, 683. 
 Mr. Bradley, 660, 
 Mr. Brashear, 661. 
 Mr. Brooks, 662. 
 Mr. Coates, 663. 
 Mr. Corbell, 663. 
 Mr. Cypert, 664, 665. 
 Mr. Dale, 664. 
 Mr. Duvall, 664. 
 Mr. Evans, 665. 
 Mr. Exon, 665. • 
 
 Mr. Gantt, 665. 
 Mr. Gray, of Jefferson, 666. 
 Mr. Grey, of Phillips, 666. 
 Mr. Hatfield, 667. 
 Mr. Hicks, 665, 668. 
 Mr. Hinds, 668. 
 Mr. Hinkle, 668. 
 Mr. Hoge, 665. 
 / Mr. Johnson, 670. 
 
 Mr. Kyle, 670. 
 Mr. Langley, 671. 
 Mr. Mallory, 671. 
 Mr. Mason, 671. 
 Mr. Matthews, 672. 
 Mr. Misner, 672. 
 Mr. Moore, 665, 674, 726. 
 Mr. Murphy, 673. 
 Mr. McCown, 673. 
 Mr. Poole, 674. 
 Mr. Portis, 674.- 
 Mr. Puntney, 674. 
 Mr. Rawlings, 675. 
 Mr. Rector, 676. 
 Mr. Reynolds, 665. 
 Mr. Rounsaville, 676. 
 Mr. Sams, 677. 
 ( 916 ) 
 
GENERAL INDEX. 
 
 Remarks in explanation of vote on Constitution, by :^ 
 
 Mr. Sarber, 677. 
 
 Mr, Scott, 678. 
 
 Mr. Shoppacb, 678. 
 
 Mr. Sims, 678. 
 
 Mr. Smith, 679. 
 
 Mr. Snyder, 679. 
 
 Mr. Van Hook, 680. 
 • Mr. Walker, 680. 
 
 Mr. Wilson, 681. 
 
 Mr. White, 682. 
 
 Mr. Williams, 683. 
 
 Mr. Wright, 665, 683. 
 
 Mr, Wyatt, 683, 
 Protest against, 756, 
 Eemarks on, by : — 
 
 Mr, Hodges, of Pulaski, 756, 759, 
 
 Mr, Gantt, 756, 757, 759, 
 
 Mr. Brooks, 757, 758, 759. 
 Constitution, Election for ratification of, 738. 
 
 Communication from Hdqrs. 4th Mil. Dist., relative to extension 
 
 of time for, 739. 
 Consolidated report of (under Act of Congress), 807. 
 Report of Dist. Commander on (under Act of Congress), 887. 
 Contents, Table, of Appendix, 767. 
 
 Convention, assembling of, 43. 
 
 organization of, 44. 
 Convention, Powers and duties of the, 180. 
 Resolution defining the, 180, 
 Remarks on, by : — 
 Mr, Cypert, 181, 
 Mr. Bradley, 182, 
 Mr, Brooks, 182. 
 Mr. Matthews, 183. 
 Mr. McClure,.184. 
 Yeas and Nays on, 184. 
 Convention, Expenses of the — see Expenses, 
 
 Conveyances, Public, 251, 
 
 Resolution relating to, 251. 
 Coolidge, William P., Representative in Gen, Assembly, 1868, 798, 
 Corbell, Joseph H,, a Delegate from Sevier County, 
 
 Election announced, 36. 
 
 Appeared, 54. 
 
 { 917 ) 
 
GENBEAL INDEX. 
 
 Oorbell, Joseph H., a Delegate from Sevier County, 
 Sworn, 54. 
 
 36, 54, 60, 247, 316, 366, 444, 491, 608, 517, 663, 743. 
 Explanation of Vote on the Constitution, 663. 
 Remarks on : 
 
 Intermarriage of the races, 508. 
 Correspondence, Committee on, 197. 
 
 Eesolution providing for appointment of, 197. 
 
 Remarks on, by : — 
 
 Mr. Cypert, 197. 
 
 ^ Mr. Brooks, 197. 
 
 Appointment of, 199. 
 
 Correspondence between Board of Commissioners of Election, and Bvt. 
 
 Maj. Gen. Gillem, Comm'd'g Fourth Military District, 789. 
 Cotton, Raw, Tax on, 58. 
 
 Resolution relating to the removal of, 58. 
 
 Memorial respecting, 179. 
 
 Counties and Townships, Committee on, 52, 61. 
 
 Report from, 450. 
 Court, Criminal and TJ. S., at Helena, 202. 
 Remarks on, by : — 
 Mr. Kyle, 202, 203. 
 Mr. Brooks, 203. 
 Credentials, Resolution providing for appointment of a committee on, 44. 
 
 Cunningham, A. C, Testimony of, before Committee on Elections, on 
 
 subject of Ashley County contested election, 773. 
 Curry, R. S., Representative in Gen. Assembly, 1868, 798. 
 
 Cypert, J. K, a Delegate from "White County. 
 
 Election announced, 36. 
 
 Appeared, 46. 
 
 Sworn, 53. 
 
 36, 46, 47, 48, 49, 51,52,53, 54, 55, 56, 69, 60, 61, 62, 63, 66, 69, 71, 
 72, 73, 75, 77, 80, 87, 88, 89, 90, 91, 99, 100, 101, 103, 105, 110, 
 128, 129, 130, 132, 134, 135, 136, 137, 139, 140, 141, 146, 147, 
 156, 158, 159, 161, 163, 165, 167, 173, 174, 175, 177, 178, 179, 
 181, 186, 187, 188, 192, 194, 195, 197, 198, 200, 201, 202, 204, 
 205, 210, 211, 214, 218, 220, 223, 226, 228, 232, 236, 243, 244, 
 246, 250, 261, 252, 256, 257, 258, 268, 282, 286, 288, 298, 299, 
 300, 301, 302, 306, 308, 317, 319, 323, 324, 332, 333, 334, 342, 
 
 , 344, 345, 351, 362, 358, 373, 377, 383, 384, 394, 395, 396, 398, 
 
 401, 402, 405, 406, 409, 410, 411, 412, 413, 414, 415, 417, 419, 
 
 421, 423, 425, 4216, 427, 434, 435, 449, 453, 465, 456, 461, 462, 
 
 463, 464, 465, 467, 468, 472, .473, 481, 483, 484, 489, 491, 496, 
 
 ( 918 ) 
 
GENEEAL INDEX. 
 
 500, 504, 506, 508, 511, 512, 514, 516, 522, 524, 525, 526, 527, 
 
 528, 532, 536, 539, 540, 541,. 542, 561, 562, 568, 670, 572, 573, 
 
 574, 575, 578, 579, 580, 581, 582, 611, 612, 615, 617, 639, 650, 
 
 652, 662, 664, 665, 685, 687, 688, 690, 691, 692, 695, 697, 698, 
 
 699, 702, 704, 706, 708, 709, 710, 715, 728, 729, 735. 
 Cypert, J. K— Resolutions offered by, 59, 75, 690. 
 
 Explanation of vote on the Constitution, 664, 665. 
 Remarks on : — 
 
 Administration of oath of oflBice, 49. 
 
 Resolution for relief of the poor of the State, 56. 
 
 Resolution for reduction in number of officers, and of newspa- 
 pers furnished, 59, 62, 63. 
 
 Izard County Election, 69, 570, 572, 574. 
 
 Committee on Penitentiary, 71. • 
 
 Limitation of Debate, 73. 
 
 Adoption of the Constitution of 1864, 88, 89, 91, 101, 103, 105, 
 110, 141, 146, 147. 
 
 Ashley County Election, 130, 134, 136, 137, 324, 332, 333, 334, 
 345. 
 
 Ouachita County Election, 139. 
 
 Little Rock and Fort Smith Railroad, 159, 163, 228. 
 
 Report of Committee on Legislative Department, 173, 174. 
 
 Powers and duties of the Convention, 181. 
 
 Appointment of Committee on Correspondence, 197. 
 
 Appointment of Committee on Ratification, 198. 
 
 Reading of journal from bound book, 200. 
 
 Expenses of the' Convention, 210. 
 
 Ordinance regulating the compensation of members and offi- 
 cers, 220, 282, 286, 288. 
 
 Resolution relating to disfranchisement, 236. 
 
 County-seat of Little River County, 302. 
 
 Removal of papers from Secretary's desk, 306. 
 
 Exemption of real and personal estate, 368. 
 
 Intermarriage of the races, 373, 384, 496. 
 
 Final adjournment, 396, 398, 401, 409, 410, 411, 412, 413, 414, 
 415, 416. 
 
 Rebuilding of levees, 425, 426, 427. 
 
 •Continuance of Freedmen's Bureau, 434, 435, 466, 456, 462, 
 464, 465, 467, 468. 
 
 Lease of Penitentiary, 483, 484. 
 
 Minority Report of Committee on Penitentiary, 526, 527, 528. 
 
 Finances of the State, 541, 542, 661. 
 
 Question of privilege, 668. 
 
 Per diem of delegate from Izard County, 691. 
 Per diem and mileage of contestant from Ashley County, 697. 
 
 ( 919 ) 
 
GBNBEAL INDEX. 
 
 Oypert, J. N. — Remarks on : — 
 
 Female suffrage, 708, 709, 710. 
 
 Leaves of absence, 729. 
 
 Pay and mileage of Assistant Secretaries, 736. 
 
 D. 
 
 Dale, G-eorge "W., a delegate from Independence County. 
 Election announced, 771. 
 Appeared, 45. 
 Sworn, 53. 
 45, 53, 56, 61, 69, 129, 184, 204, 234, 237, 253, 316, 339, 340, 
 395, 473, 474, 569, 677, 664, 692, 710, 711, 715, 771. 
 Resolution offered by, 234. 
 Explanation of vote, on tbe Constitution, 664, 
 Remarks on : — 
 
 Resolution relating to disfranchisement, 237. 
 Ashley County election, 339. 
 Izard Count}' election, 569, 577. 
 Female suffrage, etc., 710, 711, 715, 
 Davis, C "W., Representative in General Assembly, 1868, 798. 
 Davis, L. W., Resolution appointing, one of the Commissioners to locate 
 
 County-seat of Little River County, 197. 
 Deaf Mutes, Asylum for, 205, 247. 
 
 Receipt of communications respecting, 205, 24T. 
 Debate, Limitation of, 73, 472, 484. 
 Remarks on, by : — 
 Mr. Cypert, 73. 
 Mr. Montgomery, 73. 
 Mr. Bradley, 73. 
 Mr. Hodges, of Pulaski, 74. 
 Debt, collection of, Suspension of, 58, 232, 233. 
 
 Resolution to memoriaUze the Commander of the Department 
 
 for the, 58. 
 Ordinance to Stay the Collection of Debt, 232, 
 Ordinance for, 233. 
 Debt, Public, Committee on — see Finance, Committee on. 
 Debts due to School-fund — see School-Fund. 
 Delegates, List of, 3. 
 
 Dell, Valentine, Senator of Arkansas, 1868, 798. 
 , Demby, Josiah H., Representative in General Assembly, 1868, 798. 
 Democratic Convention, Use of hall for, 361. 
 
 Resolution tendering the, and providing for appointment of Com- 
 mittee to inform Chairman of Democratic State Central Com- 
 mittee of the fact, 361. 
 ( 920 -) 
 
GENBEAL INDEX. 
 
 Deputy Sheriffs, Payment of, 157, 196, 512, 740. 
 
 Report from Committee on Finance, on, 196. 
 
 Dial, Samuel, Representative in General Assembly, 1868, 797. 
 
 Disabilities, Political, Removal of, 57, 166, 184, 538, 747, 749, 753, 760, 
 763. 
 Resolution providing for appointment of committee to memorial- 
 ize Congress on, 57, 166. 
 Appointment of committee to prepare memorial for, 184. 
 Resolution instructing Chairman of Committee on Memorials to 
 include in Memorial to Congress for relief of persons disfran- 
 chised, the names of such persons as may be recommended by 
 Republican members of Convention, 753. 
 Remarks on, by : — 
 Mr. Brooks, 753, 754. 
 Mr. Montgomery, 753. 
 Mr. Hodges, of Pulaski, 754. 
 Resolution providing for printing five hundred copies of Report 
 of Committee on Memorial for, 760, 
 
 Disfranchisement, 234, 265, 266, 452. 
 
 Resolution instructing the Committee on Franchise to inquire 
 into the expediency of disfranchising certain classes of persons, 
 234. 
 
 Amendments to, 235. 
 Remarks on, by : — 
 
 Mr. McClure, 235, 238, 240. 
 Mr. Matthews, 235. 
 Mr. Brooks, 235, 240, 241, 242. 
 Mr. Cypert, 236. 
 Mr. Dale, 237. 
 Mr. McCown, 238. 
 Mr. Grey, of Phillips, 238. 
 Mr. Puntney, 240. 
 Mr. Hodges, of Pulaski, 240, 241. 
 Mr. Morijtgomery, 241. 
 Mr. Snyder, 242. 
 Resolution instructing the Committee on Franchise to disfran- 
 chise all men engaged in rebellion up to 4th July, 1864, 243. 
 Amendment to, 243. 
 » Resolution instructing the Committee on Franchise to inquire 
 
 into the expediency of disfranchising all men engaged in re- 
 bellion up to 4th April, 1864, 244. 
 Resolution instructing the Committee on Franchise to mquire 
 into the expediency of disfranchising all men that opposed re- 
 construction, 245. 
 
 ( 921 ) 
 
GBNEEAL INDEX. 
 
 Disfranchisement : 
 
 Eesolution instructing the Committee on Franchise to inquire 
 into the propriety of disfranchising all persons who have taken 
 the " Iron-clad " oath for the purpose of accepting office, and 
 who have, or may hereafter, oppose reconstruction, 265. 
 
 Eesolution requesting the Committee on Franchise to consider 
 the propriety of disfranchising no citizen who aided in recon- 
 struction, 266. 
 
 Eesolution instruxsting' Committee on Constitution, &c., to report 
 an article disfranchising all persons who oppose reconstruc- 
 tion, 452. 
 
 Eesolution. disfranchising John M. Bradley, and nobody else, 452. 
 
 Yeas and Nays on, 235, 516, 517. 
 
 District, Fourth Military : 
 
 General Orders N'o. 31, Sept. 26, 1867 (preliminary registration, 
 and election on question of holding Convention), 27. 
 
 Circular 'No. 18, Oct. 2, 1867 (modification of method of con- 
 ducting election in certain specified precincts), 31. 
 
 General Orders ISTo. 37, Dec. 5, 1867 (declaring result of elec- 
 tion on question of holding Convention, and directing assembly 
 of Convention), 32. 
 
 General Orders No. 43, Dec. 21, 1867 (declaring vote on ques- 
 tion of holding Convention, and announcing names of dele- 
 gates), 33, 771. 
 
 Special Orders No. 3,' Jan. 4, 1868 (Ouachita County election), 38. 
 
 Special Orders No. 4, Jan. 6, 1868 (Ashley County election), 39. 
 
 Special Orders No. 14, Jan. 23, 1868 (Lafayette County elec- 
 tion), 40. 
 
 Special Orders No. 16, Jan. 25, 1868 (Ouachita County election), 
 41. 
 
 Supplemental paragraph to 'General Orders No. 43, Dec. 21, 1867 
 (Announcing additional elections of delegates), 771. 
 
 Communication from Headquarters of, Jaii. 4, 1868 (Ouachita 
 County election), 139. 
 
 Communication from Headquarters of, transmitting accounts of 
 Deputy Sherifis, for services rendered at election upon ques- 
 tion of calling Convention, etc., received, 157. 
 
 Endorsement from Headquarters of, upon communication from 
 Bvt. Maj. Gen. Arnold, commanding Post of Little Eock, to 
 Maj. 0. D. Greene, Asst. Adj. Gen. 4th Mil. Dist., Nov. 26, 1867 
 (submitting. Inspection Eeport of Military Prison' at Little 
 Eock), 783. 
 
 General Orders No. 7, Feb. 14, 1868 (announcing adoption, hy 
 Convention, of Constitution, providing for revision of registra- 
 tion, and prescribing regulations of election), 786. 
 
 ( 922 ) 
 
GENBEAIi INDEX. 
 
 District, Fourth Military : 
 
 Report of General commanding, on election, under Act of Con- 
 gress, for ratification of Constitution, 804. 
 Divelbiss, Daniel H,, Eepresentative in General Assembly, 1868, 798. 
 Documents — see Papers. 
 
 Doorkeeper of the Convention, Election of, 51. 
 Doorkeeper of the Convention, First Assistant, Election of, 51. 
 Doorkeeper of the Convention, Second Assistant, Election of, 51. 
 Doorkeeper of the Convention, Third Assistant, Election of, 51. 
 Duke, S. A., Representative in General Assembly, 1868, 798. 
 Duvall, Bouldin, a delegate from Lawrence County. 
 Election announced, 35. 
 Appeared, 45. 
 
 Nominated for President of Convention, 47. 
 Declines nomination for Presidency of Convention, 47. 
 Sworn, 53. 
 35, 45, 47, 48, 63, 69, 123, 125, 204, 212, 221, 289, 299, 317, 338, 
 
 340, 406, 407, 409, 428, 470, 475. 
 Explanation of vote on Constitution, 664. 
 Remarks on : — 
 
 Izard County election, 69. 
 Adoption of Constitution of 1864, 123. 
 
 Ordinance raising revenue for the purpose of defraying ex- 
 penses of Constitutional Convention, 212. 
 Pay of members and officers of the Convention, 221. 
 Relief for poor of the State, 289. 
 Navigation of Arkansas and Black rivers, 299. 
 Pay of members and officers of the Convention, 317. 
 Ashley County election, 333, 340. 
 Final adjournment of the Convention, 406, 407. 
 Continuance of Freedmen's Bureau, 428, 470. 
 The Constitution, 644. 
 
 E. 
 
 Editor — see slip inserted at beginning of the volume. 
 Education, Committee on, 61. 
 Report of, 389, 477. 
 Election, Board of Commissioners of— see Board of Commissioners of 
 Elections. 
 Notice of, for ratification of Constitution (Subject of), 698. 
 Ordinance providing for publication of notice of time of submis- 
 sion of the Constitution to the people, for ratification, 698. 
 
 ( 923 ) 
 
GENBEAL INDEX. 
 
 Election : 
 
 Yeas and JTays on the above-named Ordinance, 699. 
 
 For ratification, Question of delay of, 738. 
 
 IsTotice of, under Act of Congress, for ratification of Constitu- 
 tion, 784. 
 
 ITotice of, under provisions of Schedule of the Constitution, for 
 ratification of the Constitution, and election of State ofilcers, 
 784. 
 
 on the question of holding a Convention, Abstract of Eeturns 
 of, 770. 
 
 under provisions of Schedule to Constitution, for ratification 
 of Constitution, Returns of, 795. 
 
 under Act of Congress, for ratification of Constitution, Letter 
 from the General of the Army, transmitting report of District 
 Commander upon, 804. 
 
 under Act of Congress, for ratification of Constitution, Consoli- 
 dated report of, 807. 
 Elections, Committee on, 61. 
 
 Testimony accompanying Report of, on the Ashley County elec- 
 tion, 772. 
 
 Report of, on Izard County election, 249. 
 
 Report of, on Ashley County election, 252. 
 
 Minority report on Ashley County election, 253. 
 
 Remarks on, by: — 
 Mr. Gantt, 256. ' 
 Mr. Wilson, 256. 
 Mr. Kyle, 257. 
 Mr. Hinds, 257. 
 Mr. Hodges, of Pulaski, 258. 
 Mr. Brooks, 259. 
 
 for particular counties — see the names of the counties. 
 Election of officers, by the Legislature, 78. 
 
 Resolution providing for reference, to the appropriate commit- 
 tees, etc., of the question of expediency of election by the Leg- 
 islature, of certain State officers, 78. 
 Elective Franchise — see Fkanchisb. 
 Engrossment, Committee on, 61, 196. 
 
 Of the Constitution, Committee on, 749. 
 
 Resolution directing the President of the Convention to appoint 
 a Committee to compare the engrossed copies of the Constitu- 
 tion with the Report of the Committee on the Constitution, its 
 Arrangement and Phraseology, 749. 
 Enrolling Clerk of the Convention, Nomination for, 51. 
 
 Election of, 52. 
 ( 924 ) 
 
GENBEAL INDEX. 
 
 Errata, 812. 
 
 Evans, Amos H., a delegate from Monroe County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 53, 60, 61, 223, 318, 378, 473, 489, 665, 699, 747. 
 Resolution offered by, 699. 
 Explanation of vote on Constitution, 665. 
 
 Evans, A. H., Senator of Arkansas, 1868, 798. 
 Execution, Stay of— see Stat of Execution. 
 Executive Department, Committee on, 60, 393. 
 Eeport of, 303. 
 
 Exemption of Real and Personal Estate, Committee on, 61, 358. 
 Ordinance providing for additional, 185. 
 . Report of Committee on, 205. 
 
 Minority Report of Committee on, 206. 
 Remarks on, by : — 
 
 Mr. Cypert, 358. W 
 
 Mr. McCown, 358. 
 Exon, Solomon, a delegate from Clark County. 
 Election announced, 34. 
 
 Appeared, 45. , * 
 
 Sworn, 53. 
 
 34, 45, 48, 53, 61, 71, 223, 514, 577, 665, 747. , 
 Resolution offered by, 489. 
 Explanation of vote on the Constitution, 665. 
 Representative in General Assembly, 1868, 798. 
 Expenditures, Committee on— see Finance, Committee on. 
 Expenses of the Convention, 58, 71, 77, 79, 153, 175, 186, 194, 209, 231, 
 233, 312, 686, 734, 737, 760. 
 Resolution instructing Committee on Einance to estimate, and to 
 report Ordinance for levy and collection of necessary tax 
 
 therefor, 58. 
 Ordinance raising revenue for the purpose of defraying, 72. 
 Ordinance [substitute for the above] to provide for payment of, 77. 
 Resolution instructing Committee on Memorials and Ordinances 
 
 to inquire into propriety of providing for payment of expenses 
 
 of Convention out of funds in State Treasury, January 13, 
 
 1868, and of memorializing the District Commander for his 
 
 approval, 79. 
 Remarks on, by : — 
 
 Mr. McClure, 73, 209, 210, 214, 312, 318, 314. 
 
 Mr. Hodges, of Pulaski, 187. 
 
 ( 925 ) 
 
GENEEAL IISTDEX. 
 
 Remarks on, by : — 
 Mr. Montgomery, 187. 
 Mr. Hinds, 187, 314. 
 Mr. Cypert, 187, 194, 210. 
 Mr. Brooks, 212, 213. 
 Mr. Beasley, 214. 
 Mr. Matthews, 214, 312. 
 Mr. Kyle, 215. 
 Mr. Portis, 313. 
 Ordinance providing and making appropriations for the per diem 
 and mileage of members of the Convention, and other neces- 
 sary expenses, 175. 
 Remarks on, by : — 
 
 Mr. Cypert, 175, 177, 178. 
 Mr. Brooks, 175. 
 
 Mr. Matthews, 178. , 
 
 Mode of immediate payment of, 686. 
 Remarks on, by : — 
 
 Mr. Hodges, of Pulaski, 687. 
 The President, 687. 
 Resolution requesting the State Treasurer to telegraph to the ' 
 General Commanding Fourth Military District, for an order 
 , directing the Auditor to draw his warrant for the payment of . 
 
 • all expenses of the Convention, 735. 
 
 Yeas and Kays on, 178, 179, 212, 314, 
 Expenses undet* Schedule-^— see Schedule. 
 
 Federal Relations, Committee on, 87. 
 
 Appointment of, 99. 
 Female Suffrage, 701, 702, 703. 
 Remarks on, by : — 
 Mr. Langley, 704. 
 Mr. Cypert, 708; 
 Mr. Gantt, 710. 
 Mr. Dale, 710. 
 
 Fengler, Albert, Resolution appointing Commissioner to locate County- 
 seat of Little River County, 197. 
 
 Fenno, E. D., Representative in G-eneral Assembly, 1868, 797. 
 
 Ferguson, Jerome, Representative in General Assembly, 1868, 797. 
 
 Finance, Taxation, Public Debt, and Expenditures, Committee on, ap- 
 pointed, 61. 
 ( 926 ) 
 
GBNBEAL IN"DEX. 
 
 Resolution instructing, to estimate expenses of Convention, and 
 to report Ordinance for "levy and collection of necessary tax 
 r therefor, 58. 
 
 Report, by, of Ordinance raising revenue for the purpose of de- 
 fraying expenses of Constitutional Convention, 72. 
 Report of, on provisions of the Constitution on subject of finance, 
 
 189, 361. 
 Report of, on payment of I>eputy Sheriffs, 196. 
 Report of, on reduction in number of officers of Convention, 
 
 196. 
 Report of, on finances of the State, 485. 
 Finances of the State, 541. 
 
 Resolution instructing Committee on ^ii^ance to ascertain and 
 
 report condition of, 320. 
 Report of Committee on Finance upon, 485. 
 ♦ Remarks on, by: — 
 Mr. Cypert, 541. 
 Mr. McClure, 543, 565. 
 Mr. Moore, 543. 
 
 Mr. Hodges, of Pulaski, 547, 561. 
 Mr. Brooks, 548. 
 Mr. Bradley, 553, 561. 
 Mr. Kyle, 559. 
 Mr. Hinds, 565. • 
 
 Fitch, J. v., nominated First Assistant Secretary to the Convention, 49. 
 Nomination withdrawn, 50. 
 
 Nominated Third Assistant Secretary to the Convention, 50. 
 Elected Third Assistant Secretary to the Convention, 51. 
 Fitzwater, John H., Representative in G-eneral Assembly, 1868, 797. 
 Fourteenth Article of Amendment to Constitution of United States, Pro- 
 ceedings of General Assembly of State of Arkansas, upon 
 ratification of, 800. 
 Franchise, Elective, Committee on, 61, 265, 266, 512, 532. 
 
 Resolution instructing Committee on, to inquire into the expe- 
 diency of disfranchising certain classes of persons, 234. 
 Remarks on, by : — 
 
 Mr. McClure, 235, 238, 240. 
 
 Mr. Matthews, 235. 
 
 Mr. Brooks, 235, 240, 241. 
 
 Mr. Cypert, 236. 
 
 Mr. Dale, 237. 
 
 Mr. McCown, 238. 
 
 Mr. Grey, of Phillips, 238, 241. 
 
 Mr. Puntney, 240. 
 
 { 927 ) 
 
GENBEAL INDEX. 
 
 Remarks on, by : — 
 -Mr. Hodges, of Pulaski, 240, 241. 
 Mr. Montgomery, 241. 
 Mr. Snyder, 242. 
 
 Eesolution instructing Committee on, to inquire into propriety of 
 disfranchising all persons having taken the " Iron-clad " oath, 
 for the purpose of accepting office, and having opposed, or who 
 may hereafter oppose, reconstruction, 265. 
 
 Resolution requesting Committee on, to take into consideration 
 the propriety of disfranchising no citizen who aided in recon- 
 struction, 266. 
 
 Resolution instructing Committee on the Constitution to report 
 an article thereof, disfranchising all persons opposing recon- 
 struction, and providing that the act of voting against the adop- 
 tion of the Constitution shall be conclusive evidence of such 
 opposition, 452. 
 
 Eesolution disfranchising John M. Bradley, and nobody else, 462. 
 
 Report! of Committee on the Elective Franchise, 512, 532. 
 Minority Report of, 514. 
 
 Yeas and Nays on, 235, 516, 517. 
 
 Freedmen, Resolution instructing Committee on Relief for the Poor of the 
 State, to consider a plan by which Government aid may assist 
 in the permanent location of, 251. 
 
 Freedmen's Bureau, 308, 427, 454, 4T2. 
 
 Resolution providing for appointment of Special Committee to 
 
 memorialize Congress to continue, until reconstruction, 308. 
 Appointment of Committee to draft memorial to Congress for 
 
 continuance of, 316. 
 Report of Committee to draft Memorial to Congress for continu- 
 ance of, 427. 
 Remarks on, by : — 
 Mr. Kyle, 428, 459. 
 Mr. Duval!, 428. 
 Mr. Beasley, 428, 430. 
 Mr. Montgomery, 428, 448, 454. 
 Mr. Moore, 430, 433. 
 Mr. Wilson, 432, 445. 
 Mr. Hodges, of Pulaski, 433, 434. 
 Mr. Cypert, 434, 461, 462, 463. 
 Mr. Bradley, 436. 
 Mr. Grey, of Phillips, 438. 
 Mr. Brooks, 433. 
 Mr. Corbell, 444. 
 Mr. Gantt, 444. 
 { 928 ) 
 
GENERAL INDEX. 
 
 Remarks on, by : — 
 ' Mr. Mallory, 446. 
 
 Mr. Walker, 446. 
 Mr. Johnson, 447. 
 Mr. Hinds, 460, 463, 465, 472. 
 Resolution requesting Congress to instruct Chief of, to officer it 
 
 with more honest and efficient men, 433. 
 Yeas and nays on, 308, 469, 470. 
 French, George M., Representative in General Assembly, 1868, 798. 
 Funds, State, Investment of in U. S. bonds, 75. 
 
 Resolution directing custodian of State Treasury to report, to 
 Convention, information respecting investment of, in U. S. 
 bonds, 75. 
 
 Fund, School — see School Fund. 
 
 G. 
 
 Gantt, Robert S., a delegate from Prairie County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 35, 45, 46, 47, 48, 52, 53, 58, 61, 69, 71, 74, 76, 136, 138, 188, 194, 
 
 202, 212, 213, 227, 228, 250, 253, 256, 267, 286, 302, 313, 320, 
 
 335, 336, 378, 385, 386, 387, 444, 445, 472, 481, 483, 485, 505, 
 
 507, 508, 518, 519, 520, 523, 527, 528, 529, 530, 531, 532, 535, 
 
 537, 539, 541, 542, 569, 577, 581, 611, 612, 613, 615, 616, 640, 
 * 641, 642, 651, 652, 653, 654. 655, 656, 666, 684, 688, 689, 694, 
 
 695, 696, 701, 702, 710, 715, 727, 728, 729, 730, 736, 740, 743, 
 
 744, 745, 746, 748, 756, 757, 758, 759. 
 Resolution offered by, 52. 
 Explanation of vote on Constitution, 665. 
 Remarks on : — 
 
 Appointment of Committee on Penitentiary, 71. 
 
 Ordinance raising revenue for the purpose of defraying the ex- 
 penses of the Constitutional Convention, 212. 
 
 Ashley County election, 256, 335. 
 
 County-seat of Little River County, 302, 385, 387. 
 
 Continuance of Freedmen's Bureau, 444, 445. 
 
 Report of Committee on Penitentiary, 481, 527, 528, 529, 530, 
 
 531, 532. 
 Intermarriage of the races, 508. 
 Sale of Arkansas Hot Springs, 519. 
 Izard County election, 577, 581. 
 The Constitution, 651. 
 Impeachment of Judges Harrell and Hargrove, 694. 
 
 59 ( 929 ) 
 
GEISTEEAL I]SrDEX. 
 
 Gautt, Robert S. — Remarks on : — 
 
 Per diem and mileage of contestant from Ashley County, i 
 
 Female suffrage, 710. 
 
 Grant of leaves of absence, 728, 729. 
 
 Printing for the Convention, 745, 746. 
 
 Additional compensation of Assistant Secretaries, 748. 
 
 Protest against Constitution, 756, 757, 759. 
 General Assembly, List of members of, elected March, 13th, 1868, 797. 
 Meeting of first, 798. 
 Organization of first, 799. 
 Election by, of United States Senators, 799. 
 Proceedings of, upon ratification of Fourteenth Article of Amend- 
 ment to Constitution of United States, 800. 
 
 General Orders — see DistkIct, Fourth Military, and Stjb-Distkiot of 
 
 Arkansas. 
 Gibbons, John J., Eepresentative in General Assembly, 1868, 798. 
 Gibson, Thomas M., Eepresentative in General Assembly, 1868, 798. 
 Goad, John, Representative in General Assembly, 1868, 798. 
 Goodman, D. M., Senator of Arkansas, 1868, 797. 
 Gray, James M., a delegate from Jefferson County. 
 
 Election announced, 771. 
 
 Appeared, 45. ' 
 
 Sworn, 53. 
 
 45, 53, 60, 61, 666, 771. 
 
 Explanation of vote on the Constitution, 666. ♦ 
 
 Gray, John M., Eepresentative in General Assembly, 1868, 798. 
 Gray, "W". H., a delegate from Woodruff County. 
 
 Election announced, 36. [Did not appear in the Convention.] 
 
 36, 60. 
 
 Gray, William H., Eepresentative in General Assembly, 1868, 798. 
 Gregg, Hon. Lafayette, 68. 
 
 Gregg, Lafayette, Associate Justice of Supreme CoHfrt of Arkansas, 1868, 
 
 797. 
 
 Grey, William H., a delegate from Phillips County. ^ 
 
 Election announced, 35. 
 Appeared, 45. 
 Swoi-n, 53. 
 
 35, 45, 53, 60, 61, 89, 91, 208, 217, 230, 234, 235, 238, 241, 242, 
 
 251, 292, 302, 340, 349, 361, 362, 363, 366, 374, 414, 415, 416, 
 
 417, 438, 470, 488, 491, 505, 508, 514, 524, 577, 645, 655, 
 
 Eesolution offered by, 251. 
 
 Explanation of vote on Constitution, 666. 
 
 ( 930 ) 
 
GBNEEAL INDEX. 
 
 Grey, William H. — Eemarks on : — 
 
 Adoption of Constitution of 1864, 89, 91. • 
 
 Disfranchisement, 238. 
 Relief for poor of the State, 292. 
 County-seat of Little River County, 302. 
 Ashley County election, 349. 
 
 Intermarriage of the races, 363, 366, 374, 491, 505, 508. 
 ■ Final adjournment of the Convention, 417. 
 Continuance of Freediiien's Bureau, 438, 470, 497. 
 Izard County election, 577. 
 Gillem, Bvt. Maj. Gen. A. C, Commanding 4th Military District. 
 
 For General and Special Orders of, see District, Fourth Military. 
 Communications from : 
 To Commissioners of Elections, March 2, 1868 (expeiises under 
 
 Schedule to the Constitution), 791. 
 To "W. R. Miller, Auditor of State, March 2, 1868 (expenses 
 under Schedule to the Constitution), 792. 
 Communication to ; 
 
 From State Board of Commissioners of Elections, Feb. 20, 
 1868 (expenses under Schedule to the Constitution), 789. 
 . Report of, April 22, 1868, oh election, under Act of Congress, for 
 ratification of Constitution, 804. 
 Grant, Gen. U. S., Letter to House of Representatives, U. S., transmitting 
 Report of General commanding Fourth Militarj' District, on 
 election under Act of Congress, for ratification of Constitu- 
 tion, 804. 
 Report to, from General commanding Fourth Military District, 
 on election under Act of Congress, for ratification of Consti- 
 tution, 804. 
 Telegram from, to Maj. Gen. A. C. Gillem, commanding Fourth 
 Mil. Dis't (passage of Amendatory Reconstruction Act), 806. 
 Greene, Maj. O. D., Asst. Adj't Gen. Fourth Military District. 
 
 Communication to, from Henry Page, Treasurer of State, June 
 
 8, 1867 (investment of State funds in U. S, bonds), 82. 
 Communication from, to J. L. Hodges, 783. 
 Communication to, from Bvt. Maj. Gen. R. Arnold, commanding 
 Post at Little Rock, and Supervising Inspector Military Prison 
 (submitting Inspection Report of Military Prison at Little 
 Rock), 782. 
 ,Sfee, also, District, Fourth Military. 
 Grove, "William F., Testimony of, before Committee on Elections, on sub- 
 ject of Ashley County contested election, 772. 
 Gunther, Arthur, Representative in General Assembly, 1868, 798. 
 
 ( 931 ) 
 
GEKBEAL INDEX. 
 
 9 H. 
 
 Hadley, Ozro A., Senator of Arkansas, 1868, 798, 801. 
 Haney, J. H., Secretary of Little Rock and Fort Smith Eailroad, Com- 
 munication from, 227. 
 Hall, J. C., appointed Postmaster for Convention, 55. 
 Hall, J. R., Jr., Representative in General Assembly, 1868, 797. 
 Halliburton, John G., Testimony of, before Special Committee on Peni- 
 tentiary, 777. 
 Hanley, Thomas B. 
 
 Receipt of letter from, suggesting establishment of Criminal and 
 U. S. Courts at Helena, 202. 
 Harrison, John W.., a Delegate from Hot Spring County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 63. 
 35, 45, 53, 60, 61. 
 Harrison, John W., Representative in General Assembly, 1868, 798. 
 Harrison, William M., Associate Justice of Supreme Court of Arkansas, 
 1868, 797. • . 
 
 Harrison, William, Senator of Arkansas, 1868, 798. 
 Hawkins, Monroe, Representative in General Assembly, 1868, 798. 
 
 Harbison , a claimant of seat as Delegate from Ashley County, 333. 
 
 Resolution allowing mileage and per diem, 695. 
 Hargrove, Hon. A. M., 
 
 Resolution recommending to the next General Assembly to relieve 
 of disahilities, 693. 
 ' See, also. Impeachment. 
 Harrell, Hon. Elias, 
 
 Resolution recommending to the next General Assembly, to re- 
 lieve of disabilities, 693. 
 See, also, Impeachment. 
 Hatfield, Robert, a Delegate from Pranklin County. 
 Election announced, 34. 
 
 34, 61, 75, 243, 244, 253, 284, 316, 574, 577, 667, 668. 
 Resolutions offered by, 243, 244. 
 Explanation of vote on the Constitution, 667. 
 Remarks on : — 
 Izard County election, 574, 577. 
 
 Hawkins,. Monroe, a Delegate from Lafayette County. 
 Election announced, 35. 
 Appeared, 45. 
 ( 932 ) 
 
GBJiTBRAL IISTDBX. 
 
 Hawkins, Monroe — 
 
 Sworn, 53. 
 
 35, 45, 53, 60, 61.. 
 Heppel, "William, Testimony of, before Committee on Elections, on subject 
 
 .of Asbley County contested election, 773. 
 Hicks, William F., a Delegate from Prairie County. 
 
 Election announced, 35.^ 
 
 Appeared, 45. 
 
 Sworn, 54. 
 
 35, 45, 54, 61, 62, 70, 113, 129, 154, 161, 174, 205, 268, 302, 313, 
 335, 343, 394, 421, 423, 473, 509, 531, 589, -665, 666, 668, 687, 
 690, 728, 729, 756. 
 
 Explanation of vote on Constitution, 665, 668. 
 
 Remarks on : — 
 
 Adoption of Constitution of 1864, 113. 
 
 Ordinance declaring County-seat of Little River Couuty, 154. 
 
 Investigation of affairs of Little Rock and Ft. Smith Railroad, 161. 
 
 Final adjournment of the Convention, 423. 
 
 Intermarriage of the races, 509. 
 
 Report of Committee on Penitentiary, 531. 
 
 Hill, David, Testimony of, before Special Committee on Penitentiary, 779. 
 Hinds, James, a Delegate from Pulaski Couuty. 
 
 Election announced, 35. 
 
 Appeared, 45. 
 
 Sworn, 53. 
 
 44, 45, 46, 48, 53, 54, 55, 56, 57, 60, 61, 64, 67, 68, 72, 78, 87, 88, 113, 
 123, 128, 153, 154, 166, 167, 175, 179, 184, 191, 205, 206, 208, 209, 
 215, 216, 233, 243, 245, 248, 252, 253, 257, 258, 276, 277, 278, 
 279, 283, 284, 294, 296, 298, 299, 306, 307, 308, 314, 316, 318, 
 320, 331, 342, 343, 344, 346, 362, 367, 391, 394, 398, 424, 426, 
 452, 461, 463, 464, 465, 468, 474, 475, 477, 489, 490, 507, 510, 
 512, 514, 518, 519, 525, 532, 540, 565, 582, 617, 635, 646, 647, 
 648,\649, 650, 651, 652, 653, 668, 685, 695, 696, 737, 738, 742, 
 743, 745, 747, 749, 754. 
 
 Resolutions offered by, 54, 56, 67, 78, 166, 245, 298, 306, 308. 
 
 Explanation of vote on the Constitution, 668. 
 
 Remarks on : — 
 
 Expenses of the Convention, 187. 
 
 Ashley County election, 257, 331, 344, 346. 
 
 Pay of members and officers of the Convention, 276, 277, 278, 
 
 279. 
 IS'avigation of Arkansas River, 296, 298, 299. 
 Ordinance raising revenue for the purpose of defraying the 
 
 expenses of Constitutional Convention, 314. 
 
 ( 933 ) 
 
GBNEEAL INDEX. 
 
 Hinds, James — Remarks on : — 
 
 Final adjournment of the Convention, 398, 413. 
 
 Rebuilding of levees, 426. 
 
 Continuance of Freedmen's Bureau, 460, 463, 472. 
 
 Intermarriage of the races, 490. 
 
 Sale of Arkansas Hot Springs, 519. 
 
 ■The Constitution, 646. 
 Appointed one of the Commissioners to prepare a Code of Prac- 
 tice, 737. 
 Elected Representative in Congress, 798. 
 
 Hinkle, Anthonj', a Delegate from Conway County. 
 Election announced, 34. 
 Appeared, 45. 
 
 Sworn, 53. ^ 
 
 34, 45, 53, 54, 61, 123, 153, 198, 199, 317, 418, 419, 568, 613, 616, 
 
 617, 642, 650, 658, 668, 669, 670, 671, 684, 693, 702, 703, 729,* 
 
 752. 
 Explanation of vote on the Constitution, 658. 
 Remarks on : — 
 
 The Constitution, 642. 
 
 Impeachment of Judges Harrell and Hargrove, 693. 
 Hodges, Asa, a Delegate from Crittenden Coupty. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 
 34, 45, 53, 56, 61, 76, 99, 199, 222, 225, 226, 232, 319, 320, 475. 
 Resolutions offered by, 56, 232. , 
 Remarks on : — 
 
 Resolution to memorialize the commander of the Military Dis- 
 trict, to suspend collection of the State tax, 56. 
 Representative in General Assembly, 1868, 798. 
 
 Hodges, H. "W"., Representative in General Assembly, 1868, 797. 
 Hodges, James L., a Delegate from Pulaski County. 
 
 Election announced, 35. 
 
 Appeared, 45. 
 
 Sworn, 53. 
 
 Appointed one of the Vice-Presidents of the Convention. 
 
 35, 44, 45, 48, 51, 52, 53, 54, 56, 57, 60,' 61, 63, 69, 72, 74, 99, 129, 
 136, 137, 138, 155, 156, 157, 160, 165, 167, 177, 178, 179, 181, 
 182, 184, 186, 187, 189, 192, 194, 195, 196, 198, 199, 200, 201, 
 207, 210, 211, 217, 218, 219, 220, 222, 225, 240, 241, 243, 245, 
 249, 256, 257, 258, 259, 260, 261, 271, 282, 285, 292, 297, 299, 
 305, 313, 315, 323, 346, 351, 352, 353, 357, 358, 363, 394, 406, 
 409, 416, 418, 419, 420, 422, 423, 428, 433, 434, 437, 444, 467, 
 
 ( 934 ) 
 
GENBEAL INDEX. 
 
 468, 470, 471, 483, 490, 491, 494, 502, 503, 504, 509, 525, 535, 
 
 537, 540, 542, 547, 555, 556, 557, 561, 562, 564, 569, 570, 572, 
 
 575, 578, 582, 583, 612, 613, 615, 631, 635, 638, 639, 640, 641, 
 
 654, 656, 687, 698, 700, 701, 702, 703, 724, 725, 727, 728, 730, 
 
 731, 732, 734, 735, 736, 737, 738, 741, 745, 747, 752, 753, 754, 
 
 758, 759, 760, 763, 764, 785, 791. 
 Resolutions offered by, 52, 55, 57, 198, 396, 724, 735. 
 Remarks on : — 
 
 Reduction in number of officers, and of newspapers fur- 
 nished, 63. 
 
 Resolution prescribing limitation of debate, 74. 
 
 Lafayette County election, 155. 
 
 Investigation of affairs of Little Rock and Fort Smith Rail- 
 road, 160. 
 
 Expenses of the Convention, 187. 
 
 Reading of Journal from a bound book, 200. 
 
 Pay of members and officers of the Convention, 217, 218, 219, 
 225, 282, 687. 
 
 Disfranchisement, 240, 241. 
 
 Ashley County election, 256, 257, 258, 346. 
 
 Resolution respecting investigation of affairs of the Peniten-. 
 tiary, 261. 
 
 Relief for poor of the State, 292. 
 
 Intermarriage of the races, 363, 502, 509. 
 
 Continuance of Freedmen's Bureau, 433, 434, 470, 471. 
 
 Report of Committee on Penitentiary, 483. 
 
 Minority Report of Committee on Penitentiary, 535. 
 
 Finances of the State, 565. 
 
 Izard County election, 578, 582. 
 
 The Constitution, 638. 
 
 Audit of accounts of Convention, 725. 
 
 Revocation of leaves of absence, 731. 
 
 Removal of political disabilities, 754. 
 
 Protest against the Constitution, 756, 759. 
 
 Hodges, Peay, & Aliff— see Testimony befoeb Committee on Peniten- 
 tiary. 
 
 ■* 
 
 Hoge, James M., a delegate from Washington County. 
 Election announced, 36. 
 Appeared, 54. 
 Sworn, 54. 
 36,- 54, 61, 66, 68, 138, 194, 317, 363, 470, 509, 578, 665, 666, 670, 
 
 740, 756,' 758. 
 Resolution offered by, 452. 
 Explanation of vote on Constitution, 665. 
 
 ( 935 ) 
 
GBNEBAL INDEX. 
 
 Hoge, James. M. — Eemarks on : — 
 
 Pay of members and officers of the Convention, 317. 
 Continuance of Freedmen's Bureau, 470. 
 Intermarriage of the races, 509. 
 Hollis, "W^illiam G., a delegate from Calhoiin County. 
 Appeared, 71. 
 Sworn, 71. 
 61, 70, 71, 178, 180, 216, 217, 218, 219, 223, 224, 234, 245, 260, 
 
 310, 312, 316, 523, 537. 
 Resolutions offered by, 245, 260. 
 Resolution to add to Committee on Boundaries, 245. 
 Remarks on : — 
 Pay of members and officers of the Convention, 224. 
 Homestead Exemption — see Exemption. 
 
 Hopper, James F., Representative in Gen. Assembly, 1868, 797. 
 House of Representatives — see Rbpkesbntatives, House of. 
 Howard, Gen., Chief of Freedmen's Bureau, Resolution requesting, to 
 
 officer the Bureau with more honest and efficient men, 433. 
 Hot Springs, 306, 362, 518, 537. 
 
 Resolution providing for appointment of Committee to draft me- 
 morial to Congress, setting forth the necessity for, and asking, 
 the public sale of, 306. 
 Remarks on, by : — 
 Mr. Brooks, 306. 
 Appointment of Committee on, 307. 
 Memorial to Congress, for public sale of, 518. 
 Remarks on, by : — 
 Mr. Hinds, 519. 
 Mr. Gantt, 519. 
 Mr. McClure, 521. 
 Mr. Moore, 523. 
 Yeas and Nays on, 522. 
 
 aoughton, J. A., a delegate for Cross and Poinsett Counties.. 
 
 Election announced, 34, 
 
 Appeared, 58. 
 
 Sworn, 58. 
 
 34, 58, 61, 522, 523. 
 
 Representative, in Gen. Assembly, 1868, 797. 
 lunt, T. J., Senator of Arkansas, 1868, 797. 
 
 lufstedler, Jacob, Sr., Representative in Gen. Assembly, 1868, 797. 
 iutchinson, John H., a delegate from Arkansas County. 
 
 Election announced, 34. 
 
 Appeared, 45. 
 ( 936 ) 
 
GENBEAL INDEX. 
 
 
 Hutchinson, John H. — 
 Sworn, 53. 
 34, 44, 45, 53, 60, 61, 73, 99, 199, 253, 389, 473, 509, 514, 578, 
 
 688, 691, 700. 
 Resolutions offered by, 73, 700. 
 Remarks on : — 
 
 Intermarriage of the races, 509. 
 Izard County Election, 578. 
 Senator of Arkansas, 1868, 798. 
 Hyde, Rev. M. 8., elected chaplain of the Convention, 52. 
 Appeared, 130. 
 
 Address to the Convention, 750. 
 See, also, Chaplain. 
 
 I. 
 
 Illegitimate Children. 
 
 Ordinance providing for inheritance by, 539. 
 Impeachment, and Removal from office, Committe* on, 61, 471. 
 Report of Committee on, 247. 
 of Judges Harrell and Hargrove,. 693. 
 
 Resolution recommending to the next G-eneral Assembly the 
 adoption of measures to relieve Judges Harrell and Hargrove 
 of disabilities imposed by charges, preferred against them, 693. 
 Remarks on, by : — 
 Mr. Hinkle, 693. 
 Mr. Snyder, 693. 
 Mr. Gantt, 694. 
 Improvements, Internal — see Internal Impkovbmbnts. 
 Inauguration of State Government, Action of Congress respecting, 811. 
 Index to Ordinances, Public Resolutions, and Orders, and Memorials ad- 
 dressed to Congress, 839. 
 Intermarriage of the Races, 363, 391, 489, 505, 511. 
 
 Resolution instructing Committee on Arrangement and Phrase- 
 ology of the Constitution, to insert a clause in the Constitution, 
 forbidding solemnization of matrimony between whites and 
 
 Africans, 363. 
 Substitute resolution for the above, instructing Committee on the 
 
 Constitution, its Arrangement and Phraseology, to insert, in 
 
 the Constitution a clause requiring the G-eneral Assembly to 
 
 enact laws to more effectually prevent miscegenation, &c., 367. 
 Remarks on, by :— 
 
 Mr. Hodges, of Pulaski^ 363. 
 
 Mr. Grey, of Phillips, 363, 366, 374. 
 
 Mr. Bradley, 364, 368. 
 
 ( 937 ) 
 
GBN'ERAL INDEX. 
 
 Intermarriage of the Races — Remarks on, by : — 
 
 Mr. Montgomery, 368, 371. 
 
 Mr. McClure, 372. 
 
 Mr. Cypert, 373, 384. 
 
 Mr. Wilson, 376. 
 
 Mr. Langley, 376. 
 
 Mr. Brooks, 379, 387. 
 
 Mr. Qantt, 385, 387. 
 Resolution, the Convention insert in the Constitution a clause 
 
 forever prohibiting, &c., 491. 
 Ordinance respecting, 491. * 
 
 Remarks on, by : — 
 
 Mr. Grey, of Phillips, 491, 497. 
 
 Mr. Cypert, 496. 
 Ordinance declaring marriages of white persons with negroes or 
 
 mulattoes, illegal and void, and making it the duty of the Gen^ 
 
 eral Assembly to enact such laws as will prevent miscegenation 
 
 in the Stat#, 394. 
 Resolution declaring utter opposition of Convention to, and rec- 
 ommending General Assembly to enact such . laws as may 
 
 effectually govern the same, 489. 
 Remarks on, by: — 
 
 Mr. Bradley, 489, 490. 
 
 Mr. Hinds, 490. 
 
 Mr. Grey, of Phillips, 490, 491, 497. 
 
 Mr. Kyle, 494. 
 
 Mr. Cypert, 496. 
 Resolution instructing Committee on Constitution to report, as a 
 
 a part of Constitution, an Ordinance making void any mar- 
 riage between persons of white and negro, or mixed blood, and 
 
 making it^the duty of the Legislature to enact laws preventing 
 
 miscegenation, 500. 
 Remarks on, by : — 
 
 Mr. White, 501. 
 
 Mr. Hodges, of Pulaski, 502, 509. 
 
 Mr. Beasley, 507, 510. • 
 
 Mr. Bradley, 508. 
 
 Mr. Corbell, 508. 
 
 Mr. Cypert, 508. 
 
 Mr. Gantt, 508. 
 
 Mr. Grey, of Phillips, 508. 
 
 Mr. Hicks, 509. 
 
 Mr. Hoge, 509. 
 
 Mr. Hutchinson, 509. 
 
 Mr. Langley, 509. 
 ( 938 ) 
 
GENERAL INDEX. 
 
 Intermarriage of the Races — Eemarks on, by: — 
 
 Mr, Mallory, 509. 
 
 Mr. MeCown, 509. 
 
 Mr. Moore, 510. 
 
 Mr. Sarber, 510. 
 
 Mr. Wilson, 510. 
 
 Mr. White, 510. 
 
 Mr. Hinds, 510. 
 Yeas and Nays on, 367, 378, 393, 394, 504, 505, 507. 
 Internal Improvements, Committee on, 61. 
 Invitations : 
 
 To Governor and Sub-District Commander, to seats within bar of 
 
 the Convention, 74, 75. 
 Eesolution inviting Governor Murphy and General Smith to seats 
 
 vrithin bar of the Convention, 74. 
 To Dr. T. M. Jacks, to address the Convention on subjects of gen- 
 eral interest, 128. 
 Eesolution inviting Dr. T. M. Jacks to address the Convention 
 
 on subjects of general interest, 128. 
 To ladies, to attend session of Convention, 488. 
 Eesolution inviting the ladies to attend the session of the Con- 
 vention, 488. 
 Investment of State funds — see Funds, State. 
 Ivy, Lovinski, Eepresentative in General Assembly, 1868, 798. 
 Izard County election, 69, 249, 569. 
 Eemarks on, by : — 
 
 Mr. Duvall, 69, 581, 582. 
 
 Mr. Cypert, 69, 572, 574, 581, 582. 
 
 Mr. Kyle, 69. 
 
 Mr. Wilson, 70. 
 
 Mr. Bradley, 70. 
 
 Mr. Dale, 569, 577. 
 
 Mr. Eeynolds, 569. 
 
 Mr. Moore, 570, 580, 581. 
 
 Mr. Brooks, 573, 576. 
 
 Mr. Hatfield, 574, 577. 
 
 Mr. Sarber, 574. 
 
 Mr. Brashear, 576. 
 
 Mr. Gantt, 577, 581. 
 
 Mr. Grey, of Phillips, 577. 
 
 Mr. Hodges, of Pulaski, 578, 584. 
 
 Mr. Hutchinson, 578. 
 
 Mr. Montgomery, 579. 
 
 Mr. McClure, 579, 581. 
 
 ( 9.S9 ) 
 
GBNBEAL INDEX. 
 
 Izard County election — Remarks on, by : 
 Mr. Smith, 680. 
 Mr. Snyder, 581. 
 Report of Committee on Elections upon, 249. 
 H Yeas and Nays on, 70. 
 
 Izard County, Per diem of delegate from, 691. 
 
 Resolution allowing to W. W. Adams his full per diem as a 
 
 member of the Convention, 691. 
 Remarks on, by : — 
 
 Mr. McClure, 691. 
 
 Mr. Cypert, 691. 
 
 Mr. Dale, 692. 
 
 Mr. Montgomery, 692. 
 
 Mr. McClure, 692. 
 
 Jacks, Dr. T. M., Resolution inviting to address the Convention in rela 
 tion to matters of general interest, 128. • 
 
 Jackson, J. M., appointed Page for the Convention, 52. 
 Sworn, 55. 
 
 Johnson, Andrew, President of U. S., Veto message of, on Bill admitting 
 
 State to Representation in Congress, Addenda following 812.. ; 
 Johnson, James M., Lieutenant-Governor of Arkansas, 1868, 797. 
 
 Johnson, Thomas P., a delegate from Pulaski County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, SS. 
 
 35, 45, 53, 60, 447, 504, 580, 645, 648, 670, 728, 749. 
 Explanation of vote on the Constitution, 670. 
 
 Journal, Reading of, from bound book, 179, 186, 199, 200. 
 Remarks on, by: — 
 
 Mr. Cypert, 179, 200. 
 
 Mr. Kyle, 186. 
 
 Mr. Cypert, 186. 
 
 Mr. Hodges, of Pulaski, 200. 
 Yeas and Nays on, 201. 
 
 Judiciary, Committee on the, 60. 
 Addition to, 76. 
 
 Memorial respecting appointment by Executive of the State, 203. 
 Remarks on, by: — 
 Mr. McCown, 204. 
 Mr. Cypert, 204. 
 ( 940 ) 
 
GBNBEAL INDEX. 
 
 K. 
 
 KeatoD, Zach., Senator of Arkansas, 1868, 797. 
 
 Kelly, Elijah, a delegate from Pike and Polk Counties. 
 
 Election announced, 35. [Did not appear in Convention.] 
 
 35, 60. 
 Kirkham, J. H., nominated Second Assistant Sergeant-at-Arms of the 
 Convention, 51. 
 
 Elected Second Assistant Sergeant-at-Arms of the Convention, 51. 
 
 Sworn, 55. 
 Knight, B. E., Eepresentative in General Assembly, 1868, 798. 
 
 Kyle, Gayle H., a delegate from Dallas County. 
 
 Election announced, 34. 
 
 Appeared, 45. 
 
 34, 45, 46, 4g, 49, 53, 59, 61, 62, 67, 69, 76, 78, 132, 133, 154, 159, 
 162, 164, 202, 203, 204, 210, 215, 225, 234, 235, 239, 244, 256, 
 257, 265, 274, 284, 298, 309, 310, 311, 315, 341, 349, 351, 353, 
 395, 396, 413, 416, 418, 428, 459, 469, 491, 494, 600, 503, 504, 
 623, 532, 637, 659, 560, 669, 640, 666, 670, 671, 684, 696, 697, 
 701, 702, 711, 735, 749.' 
 
 Eesolutions offered by, 78, 169, 309. 
 
 Explanation of the vote on Constitution, 670. 
 
 Eemarks on : — 
 
 Izard County election, 69. 
 Ashley County election, 132, 133. 
 
 Ordinance declaring County-seat of Little Eiver County, 154. 
 Lafayette County election, 154. 
 Eeduction of number of officers of Convention, 159. 
 Investigation of affairs of Little Eock and Fort Smith E.E., 164. 
 Eeading of Journal from a bound book, 186. 
 Establishment of Criminal and U. S. Courts, at Helena, 202, 203. 
 • Ordinance raising revenue for the purpose of defraying expenses 
 of Constitutional Convention, 215. 
 Pay of members and officers of the Convention, 226, 274. 
 Ashley County election, 257, 349, 351. 
 mvigation of Arkansas and Ouachita Eivers, 297. 
 Per diem of Delegates from Ashley County, 311. 
 Final adjournment of the Convention, 396, 413, 418. 
 Continuance of Freedmen^s Bureau, 428, 459. 
 Intermarriage of the races, 494. 
 Finances of the State, 559. 
 
 Per diem and mileage of contestant from Ashley County, 697. 
 Pay and mileage of Assistant Secretary, 735. 
 Eepresentative in General Assembly, 1868, 798. 
 
 ( 941 ) 
 
GENBEAL INDEX. 
 
 L. 
 
 Lafayette County election, 155, 158. 
 
 Communication from A. M. Merrick, respecting, 155. 
 Remarks on, by: — 
 
 Mr. Montgomery, 156. 
 Report of Committee on Elections, upon, 165. 
 Lamborn, L., Memorial from, for appointment, by Executive of the State, 
 
 of the Judiciary, 203. 
 Langley, Miles Ledford, a delegate from Clark County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 34, 45, 53, 56, 60, 61, 68, 218, 283, 316, 376, 377, 509, 511, 539, 
 
 671, 699, 701, 703, 704, 706, 709, 710, 749. 
 Explanation of vote on the Constitution, 6'51. 
 Remarks on : — 
 
 Pay of members and officers of the Convention, 283. 
 Intermarriage of the races, 376, 377, 509. 
 Female suffrage, 704. 
 Leave of absence — see Absence. 
 
 Lee, Daniel R., Representative in General Assembly, 1868, 797. 
 Legislative Department, Committee on, 60, 357. 
 Report of, 168, 357. 
 1 emarks on, by : — 
 Mr. Cypert, 173, 174. 
 Mr. Montgomery, 173, 174. 
 Mr. Sims, 175. 
 Levees, Rebuilding of, 78, 424. 
 
 Resolution providing for appointment of Committee to draft Me- 
 morial to Congress, for H"ational aid in, 78. 
 Memorial to Congress for, 424. 
 Remarks on, by — 
 Mr. Cypert, 425, 426, 427. 
 Mr. Hinds, 426. 
 Little River County, 154, 197, 689. 
 
 Ordinance providing for location of County-seat of, 164. 
 Remarks on, by : — 
 Mr. Hicks, 154. 
 Mr. Kyle, 154. 
 Mr. Hodges, of Pulaski, 165. 
 Mr. Brooks, 155. 
 Resolution providing for appointment of Commissioners to locate 
 County-seat of, 197. 
 ( 942 ) 
 
GBNEEAL INDEX. 
 
 Little River County : 
 
 Report of Committee on Boundaries, on location of County-seat 
 of, 300. 
 Remarks on, by: — 
 
 Mr. Cypert, 300, 301, 302. 
 Mr. McClure, 300. 
 Mr. Brooks, 301. 
 Mr. Montgomery, 301, 302. 
 Mr. Gantt, 302. 
 Mr. Grey, of Phillips, 302. 
 Ordinance attaching Little River County to the Sixth Judicial 
 
 Circuit, and declaring the County-seat thereof, 689. 
 Yeas and l^ays on, 302, 690. 
 Limitation of debate — see Debate. 
 
 Lindsay, Thomas, Testimony of, before special Committee on the Peni- 
 tentiary, 774. 
 Livesay, James M., Representative in General Assembly, 1868, 797. 
 
 Lists : 
 
 Of Members of the Convention, 3. 
 
 Of Officers of the Convention, 11. 
 
 Of Standing Committees of the Convention, 11. 
 
 Of State officers chosen at election of March 13th, 1868, 797. 
 
 Of Members of General Assembly chosen at election of -March 
 
 13th, 1868, 797. 
 Of Representatives in Congress, from Arkansas, chosen at elec- 
 tion of March i3th, 1868, 798. 
 Of United States Senators from Arkansas, chosen by the Legisla- 
 ture of 1868, 799. 
 Of Ordinances, Public Resolutions, Orders, and Memorials to 
 Congress, of the Convention, 817. 
 Little Rock and Fort Smith Railro^^, 159, 227. 
 
 Resolution providing for appointment of Commissioners to in- 
 vestigate the affairs of, 159. 
 . Amendment to, 161. 
 Remarks on, by — 
 
 Mr. Cypert, 159, 163, 228. 
 Mr. Bowen, 160, 162. 
 Mr. Hodges, of Pulaski, 160. 
 Mr, Beasley, 161. 
 Mr. Brooks, 161. 
 Mr. Hicks, 161. 
 Mr. Kyle, 162, 164. 
 Mr. McClure, 163, 229. 
 Communication from J. H. Haney, Secretary of, 227. 
 
 Yeas and nays on, 165, 230. 
 
 ( 943 ) 
 
GBNBEAL INDEX. 
 
 M. 
 
 "Magazine" County, 537. 
 
 Resolution creating, and instructing the first Legislature to enact 
 
 laws for carrying into efiect the objects of the resolution, 637. 
 Mallory, Samuel W., a delegate from Jefferson County. 
 Election announced, 771. 
 -Appeared, 69. 
 Sworn, 69. 
 60, 61, 69, 215, 216, 226, 253, 283, 284, 285, 286, 310, 329, 3-34, 
 
 358, 361, 362, 388, 446, 469, 473, 475, 488, 504, 509, 510, 541, 
 
 578, 579, 611, 671, 697, 699, 732, 734, 736, 771. 
 Eesolutions offered by, 361, 475, 510. 
 Explanation of vote on the Constitution, 671. 
 Remarks on : — 
 
 Pay of members and officers of the Convention, 216, 283. 
 
 Per diem of Delegates from Ashley County, 310. 
 
 Ashley County election, 329, 334. 
 
 Continuance of Freedmen's Bureau, 446. 
 
 Intermarriage of the races, 509. 
 
 Per diem and mileage of contestant from Ashley County, 697. 
 
 Revocation of leaves of absence, 734. 
 Mallory, Samuel, Senator of Arkansas, 1868, 798, 802, 803. 
 
 Maness, Z. H., Representative in General Assembly, 1868, 798. 
 
 Martin, George H., Senator of Arkansas, 1868, 798. 
 
 Matthews, Samuel J., a delegate from Drew County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 34, 45, 53, 60, 61, 130, 178, 180, 183, 184, 185, 192, 214, 233, 235, 
 
 239, 243, 309, 310, 312, m, 351, 352, 391, 408, 421, 422, 474, 
 
 500, 604, 618, 612, 617, 618, 672, 728. 
 Resolutions offered by, 180, 235,'243, 391, 500. 
 Explanation of the vote on Constitution, 672. 
 Remarks on : — 
 
 Ashley County election, 130. 
 
 Powers and duties of the Convention, 183. 
 
 Ordinance raising revenue for the purpose of defraying ex- 
 penses of Constitutional Convention, 214. 
 
 Per diem of Delegates from Ashley County, 309, 351. 
 
 Ordinance raising revenue for the purpose of defraying the 
 expenses of Constitutional Convention, 312. 
 
 On the Constitution, 618. 
 
 Matthews, Andrew, Testimony of before Committee on Penitentiary, 776. 
 ( 944 ) 
 
GENEEAL INDEX. 
 
 Mason, James W., a delegate from Chicot County. 
 Election announced, .34. 
 Appeared, .45. 
 Sworn, 53. 
 34, 45, 53, 61, 433, 470, 471, 485, 524, 525, 530, 535, 539, 671, 725, 
 
 742. 
 Resolution offered by, 433, 691. 
 Explanation of vote on the Constitution, 671. 
 Remarks on : — 
 
 Continuance of Ereedmen's Bureau, 470, 471. 
 
 Audit of accounts of Convention, 725. 
 
 Finances of the State, 742. 
 Senator of Arkansas, 1868, 798. 
 
 Members of Congress chosen at first election under Constitution of 1868, 
 
 798. 
 Members of the Convention, List of, 3. 
 
 May, "William A., Representative in General Assembly, 1868, 797. 
 Memorials addressed by the Convention to Congress : 
 
 Respecting the tax on cotton, 179. 
 
 For the appropriation of money for improving the Arkansas 
 River from its mouth to Fort Smith, 233, 294. 
 
 For amendment of bankrupt laws, 318. 
 
 For rebuilding of levees on Mississippi and Arkansas Rivers, 424. 
 
 For continuance of Freedmen's Bureau, 427. 
 
 For public sale of Hot Springs of Arkansas, 518. 
 Memorials adopted by the Convention, List of, 818. 
 
 adopted by the Convention, as published by authority, 833. 
 
 adopted by the Convention, Index to, 839. 
 
 Memorial addressed to the Convention : 
 
 By A. M. Merrick, requesting to be admitted to his seat in the 
 Convention, 155. 
 
 B}'- L. Lamborn, respecting appointment of Judiciary by Execu- 
 tive of the State, 203. 
 
 Memorials and Ordinances, Committee on, 61. 
 Addition to Committee on, 70. 
 Resolution concerning printing of, 738. 
 
 Merrick, Alfred M., a delegate from Lafayette County. 
 Election declared invalid, 38. 
 Re-election announced, 40. 
 
 Memorial from, requesting to be admitted to his seat, 155. 
 Appeared, 165. 
 Sworn, 166, 167. 
 38 40, 155, 156, 165, 166, 167, 294, 300, 310, 312. 
 
 ^' 60 ( 945 ) 
 
GBNBEAL INDEX. 
 
 Merrick, Alfred M., Representative in General Assembly, 1868, 798. 
 Merrick, Gr. A., named for Secretary to the Convention, 49. 
 Messenger to District Headquarters, SI 9, 475, 690. 
 
 Resolution appointing Hon. Asa Hodges as, 319. 
 Resolution allowing, to Asa Hodges, mileage for his travelling 
 expenses as Messenger of the Convention, to Vicksburg, 690. 
 Mileage [for particulars, see Compensation], 215, 268, 272, 316, 489. 
 
 Resolution respecting, 489. 
 Miller, Rev. Enoch K, 389. 
 Miller, H. A., Senator of Arkansas, 1868, 798. 
 Miller, Sol., Representative in General Assembly, 1868, 798. 
 Miller, W. R., Auditor of State: — Communication from, 
 
 to Chairman of Finance Committee, Feb. 1, 1868 [Report of 
 School-Fund], 488. 
 Communication to, from Headquarters Fourth Military District 
 (expenses under Schedule to the Constitution), 792. 
 
 Millsaps, Jesse, a delegate from Van Buren County. 
 
 Election announced^ 36. 
 
 Appeared, 45. 
 
 Sworn, 53. 
 
 36, 45, 53, 61, 524. 
 
 Representative in General Assembly, 1868, 797. 
 Miscegenation — see Intbrmarriagb of the Races. 
 Miscellaneous Provisions, Committee on, 61. 
 Misner, Peter G., a delegate from Independence County. 
 
 Election announced, 771. 
 
 Appeared, 64. i 
 
 Sworn, 64. 
 
 60, 61, 64, 334, 672, 734, 771. 
 
 Explanation of vote on the Constitution, 672. 
 
 Mitchell, Samuel F., Representative in General Assembly, 1868 798. 
 
 Moore, W. D., a delegate from Ashley County. 
 
 Election announced, 39, 40. 
 
 Appeared, 130. 
 
 Sworn, 260. 
 
 39, 40, 130, 252, 253, 254, 255, 256, 260, 309, 824, 325, 334, 340, 
 343, 344, 345, 352, 392, 394, 398, 420, 422, 430, 433, 467, 469, 
 485, 509, 517, 518, 521, 523, 526, 530, 536, 540, 543, 545, 546, 
 547, 565, -566, 567, 569, 570, 572, 573, 574, 580, 581, 612, 616, 
 631, 632, 683, 635, 639, 640, 647, 649, 650, 652, 654, 665, 666, 
 671, 674, 682, 684, 685, 715, 728, 756. 
 
 Explanation of vote on the Constitution, 665, 674. 
 ( 946 ) • 
 
GENERAL INDEX. 
 
 Moore, W. D.— Remarks on :— 
 
 Ashley County election, 324, 345. 
 
 Continuance of Freedmen's Bureau, 430, 433. 
 
 Sale of Arkansas Hot Springs, 523. 
 
 Report of Committee on Penitentiary, 530. 
 
 Finances of the State, 543, 565, 566. 
 
 Izard County election, 570, 580, 581. 
 
 The Constitution, 631. 
 Montgomery, John R., a delegate from Hempstead County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 35, 44, 45, 48, 49, 50, 52, 53, 60, 61, 63, 73, 87, 91, 123, 155, 156, 
 
 157, 158, 165, 167, 173, 174, 187, 196, 202, 205, 216, 217, 219, 
 
 222, 223, 232, 233, 234, 239, 241, 261, 266, 267, 272, 277, 278, 
 
 279, 282, 285, 297, 301, 302, 308, 312, 342, 353, 367, 368, 371, 
 
 392, 427, 428, 432, 448, 449, 453, 454, 456, 457, 459, 469, 472, 
 
 473, 506, 532, 536, 540, 564, 573, 574, 579, 612, 641, 645, 655, 
 
 656, 690, 692, 699, 700, 702, 703, 730, 732, 753, 760, 763, 764. 
 Resolutions offered by, 308, 367, 753. 
 Remarks on : — 
 
 Lafayette County election, 156. 
 
 Report of Committee on Legislative Department, 173, 174. 
 
 Expenses of the Convention, 187. 
 
 Pay of members and pfficers of the Convention, 216, 217, 219, 
 222, 223, 272, 27^,'279, 282. 
 
 Disfranchisement, 239, 241. 
 
 Navigation of Arkansas River, 297. 
 ' County-seat of Little River County, 301, 302. 
 
 Intermarriage of the races, 368, 371. 
 
 Continuance of Freedmen's Bureau, 428, 448, 453, 454. 
 
 Izard County election, 579. 
 
 Per diem of delegates from Izard County, 692. 
 
 Removal of political disabilities, 763. 
 Attorney-General of Arkansas, 1868, 797. 
 Morrow, W. T., Representative in General Assembly, 1868, 798. 
 Moseley, Peter, Representative in General Assembly, 1868, 798. 
 
 Mount, Professor. 
 
 Receipt of communications from, concerning an asylum for deaf 
 mutes, 205, 247. 
 Murphy, William, a delegate from Jefferson County. 
 Election announced, 771. 
 Appeared, 45. 
 Sworn, 53. 
 
 ( 94t ) 
 
GBNBEAL INDEX. 
 
 Murphy, William, a delegate from Jefferson County, 46, 53, 61, 99, 579, 
 629, 673, 771. 
 Explanation of vote on the Constitution, 673. 
 Remarks on : — 
 
 The Constitution, 629. 
 Murphy, Hon. Isaac, Governor of the State. 
 
 Eesolution inviting to seat within the bar of the Convention, 74. 
 Acceptance of invitation to seat within bar of Convention, 75. 
 
 Mustain, A. S., nominated Third Assistant Doorkeeper of the Conven- 
 tion, 51. ' 
 
 Elected Third Assistant Doorkeeper of the Convention, 51. 
 
 Sworn, 55. 
 
 Instructed to attend to mail matter of the Convention, 539. 
 McClure, John, a delegate from Arkansas County. 
 
 Election announced, 34. 
 
 Appeared, 45. 
 
 Sworn, 53. 
 
 Appointed one of the Vice-Presidents of the Convention, 700. 
 
 34, 45, 47, 48, 53, 60, 61, 71, 72, 73, 78, 128, 129, 131, 133, 134, 
 139, 157, 158, 163, 167, 184, 189, 192, 196, 209, 210, 214, 215, 
 220, 229, 235, 238, 240, 259, 268, 269, 271, 272, 275, 279, 284, 
 285, 300, 306, 307, 311, 312, 313, 314, 315, 320, 333, 334, 357, 
 364, 372, 395, 400, 416, 419, 423, 443, 452, 453, 454, 477, 481, 
 482, 483, 484, 485, 506, 517, 518, 521, 535, 536, 543, 545, 565, 
 566, 567, 570, 571, 572, 575, 579, 581, 614, 616, 616, 617, 654, 
 655, 660, 691, 692, 695, 700, 730, 731, 732, 733, 734, 735, 737, 
 739, 740, 741, 743, 745, 783. 
 
 Resolutions offered by, 306, 452, 731, 735. , 
 
 Remarks on : — 
 Ordinance raising revenue for the purpose of defraying ex- 
 penses of Constitutional Convention, 73, 209, 210, 211, 214, 
 312, 314. 
 Ashley County election, 131, 133, 134, 259. 
 Reduction in number of officers of Convention, 168. 
 Investigation of affairs of Little Rock and Fort SAith Rail- 
 road, 163, 229. 
 Powers and duties of the Convention, 184. 
 Appointment of Public Printer, 192. 
 
 Pay of members and officers of the Convention, 215, 269, 272. 
 Disfranchisement, 235, 238, 240. 
 County-seat of Little River County, 300. 
 Resolutions forbidding removal of papers from Secretary's 
 
 desk, 307. 
 Per diem of delegates from Ashley County, 311. 
 ( 948 ) 
 
GBNBEAL INDEX. 
 
 McClure, John, a delegate from Arkansas County. 
 
 Eemarks on : — Intermarriage of the races, 372. 
 
 Final adjournment of the Convention, 423. 
 
 Report of Committee on Penitentiary, 482. 
 
 Sale of Arkansas Hot Springs, 521. 
 
 Minority Report of Committee on Penitentiary, 535. 
 
 Finances of the State, 548, 565. 
 
 Izard County election, 579, 581. 
 
 Per diem of delegates from Izard County, 691. 
 
 Revocation of leaves of absence,.*? 31. 
 
 Pay of Deputy Sheriffs, 741. 
 
 Printing for the Convention, 745. 
 
 Impeachment of Judges Harrell and Hargrove, 693. 
 Appointed one of the Commissioners to revise the Statute Laws 
 
 of the State, 736. 
 Associate Justice of Supreme Court of Arkansas, 1868, 797. 
 
 McCown, George W., a delegate from Columbia County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 34, 45, 47, 53, 60, 61, 193, 204, 206, 222, 238, 244, 248, 272, 273, 
 
 274, 277, 282, 295, 297, 300, 344, 350, 351, 352, 357, 358, 392, 
 
 393, 394, 506, 509, 613, 614, 617, 641, 642, 654, 655, 673, 700, 
 
 725, 726. 
 Explanation of vote on the Constitution, 673, 726. 
 Remarks on : — 
 
 Memorial of L. Lamborn for appointment, by the Executive, 
 of the Judiciary of the State, 204. 
 
 Disfranchisement, 238. 
 
 Pay of members and officers of the Convention, 272, 274, 
 277, 282. 
 
 Navigation of Arkansas River, 295. 
 
 Ashley County election, 344, 350, 351. 
 
 Exemption of real and personal estate, 358. 
 
 Intermarriage of the races, 509. 
 Senator of Arkansas, 1868, 798. 
 
 McCuUoch, Hon.- Hugh, Secretary U. S. Treasury: 
 
 Communications to: From Henry Page, Treasurer of State, May, 
 
 1867 (investment of State funds in IT. S. bonds), 83. 
 From Henry Page, Treasurer of State, May 25th, 1867 (invest- 
 ment of State funds in U. S. bonds), 84. 
 McCuUough, William S., Representative in General Assembly, 1868, 798. 
 McCullough, W. T., Testimony of, before Special Committee on Peniten- 
 tiary, 780. . 
 
 * ( 949 ) 
 
GBNBEAL INDEX. 
 
 McDonald, Alexander, 687. 
 
 Elected Senator of the United States, 7&9. 
 
 McPherson, ~W. E., Testimony of^ before Special Committee on the Peni- 
 tentiary, 774. 
 
 N. 
 
 Nash, A. L. E., Testimony of, before Committee on Penitentiary, 781. 
 lifavigation — see Arkansas River, and OtiACHiTA River. 
 Newell, N. M., Representative in General Assembly, 1868, 798. 
 Newspapers for members and officers, 56. 
 
 Resolution providing for the procurement of, 56. 
 
 Resolution providing for reduction in number of, furnished, 59. 
 
 Norman, George W., a' delegate from Ashley County. 
 Election announced, 39, 40. 
 Appeared, 130. 
 Sworn, 260. 
 
 39, 40, 130, 252, 253, 254, 255, 256, 260, 309, 320, 334, 340, 624, 
 696, 728, 756. 
 Remarks on : — 
 
 Ashley County election, 620. 
 The Constitution, 624. 
 Notice of Board of Commissioners of Elections, announcing ratification 
 of Constitution, 794. 
 Of Election, under Act of Congress, for ratification of Constitu- 
 tion, 784. 
 See, also, Election, and Ratification. 
 
 O. 
 
 Oath, Delegates', of office, 53. 
 
 Appointment of Committee on, 48. 
 
 Report of Special Committee on, 63. 
 
 Administration of, to members, 53, 54, 58, 64, 68, 71, 165, 167, 
 
 260, 586, 740. 
 To officers, 55. 
 Officers, permanent, of the Convention, List of, 11. 
 Election of, 46. 
 Sworn, 55. 
 
 Resolution providing for reduction in number of, 59, 158, 196. 
 Remarks on, by : — 
 
 Mr. Cypert, 59. • 
 
 Mr. Brooks, 59. 
 Mr. McClure, 158. 
 { 950 ) % 
 
GENEEAL INDEX. 
 
 Officers, Report of Committee of Finance on, 196. 
 Yeas and nays on, 60. 
 
 Resolution directing that the services of officers embraced in 
 . resolution oflFered by Mr. Cypert (p. 59) be dispensed with until 
 
 final disposition of the resolution, 62. 
 Remarks on, by : — 
 Mr. Bradley, 62, 63. 
 Mr. Kyle, 62. 
 Mr. Snyder, 62. 
 Mr. Cypert, 62. 
 Mr. Hodges, of Pulaski, 63. 
 Mr. Montgomery, 63. 
 Teas and nays on, 63. 
 Resolution instructing the Committee on Finance to report back 
 
 to the Convention, resolution concerning, 159. 
 Remarks on, by : — 
 Mr. Kyle, 159. 
 Officers of Convention, Pay of — see Compensation. 
 
 temporary, of the Convention, Selection of, 44. ^ 
 
 of State, chosen at the first election held under the Constitution 
 of 1868, 797. 
 
 Officers, State, other than Executive, Committee on, 60. 
 Report of, 451. 
 
 Olive, M. M., Representative in General Assembly, 1868, 798. 
 
 Oliver, Charles H., a delegate from Scott County. ■ 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 35, 45, 53, 61, 450. 
 
 Representative in General Assembly, 1868, 798. 
 Ord, Brevet Maj. Gen. E. 0. C., commanding Fourth Military District. 
 
 For General and Special Orders of, see District, Fourth Mili- 
 tary. 
 Communications from : — 
 To Henry Page, Treasurer of State, May 21, 1867 (investment 
 
 of. State funds in U. S. bonds), 81. 
 To Henry Page, Treasurer of State, June 10, 1867 (investment 
 
 of State funds in U. S. bonds), 82. 
 To Henry Page, Treasurer of State, June 21, 1867 (investment 
 of State funds in TJ. S. bonds), 83. 
 Receipt of communication from, transmitting accounts of Deputy 
 Sheriffs of fifteen counties, 157. 
 
 Order, Rules of— see Rules of Order. 
 
 (951 ) 
 
GENERAL INDEX. 
 
 Orders : 
 
 Allowing to the Stenographic Reporter of the Convention, mile- 
 age, and compensation for time consumed in travel, 724. 
 
 Allowing to the First and Second Assistant Secretaries paj and 
 mileage for travel to and from the sessions of the Convention, 
 735. 
 
 Providing for the printing, indexing, and distribution, of the 
 Official Journal and Debates of the Convention, 744. 
 
 passed by the Convention,' List of, 817. 
 
 passed by the Convention, with marginal notes, as published by 
 authority, 826. 
 
 passed by the Convention, Index to, 839. 
 
 Orders (Military) — see District, Fourth Military, and Sub-District of 
 Arkansas. 
 
 Ordinances : 
 
 ["Ilfo. 1"] Raising revenue for the purpose of defraying ex- 
 , penses of Constitutional Convention, 72. 
 
 To provide for payment of expenses of Convention, 77. 
 
 Adopting a Constitution [that of 1864], 88. 
 
 Providing for location of County-seat of Little River County, 154. 
 
 Providing for additional homestead exemption, 185. 
 
 Declaring a Public Printer, 192. 
 
 Respecting the sale of slaves, 195. , 
 
 Regulating the compensation of members and officers of the 
 Constitutional Convention, 215. 
 
 To stay the collection of debts, 232. 
 
 Prohibiting judicial proceedings in certain cases [stay of execu- 
 tion], and for other purposes, 266. 
 
 Providing for the per diem and mileage of the members, and 
 the per diem of the officers of the Convention, 316. 
 
 Declaring marriages of white persons with negroes or mnlattoes, 
 illegal and void, and making it the duty of the General As- 
 sembly to enact such laws as will prevent miscegenation in the 
 State, 393. 
 
 Respecting amalgamation of the white and African races, 491. 
 
 Providing for inheritance by illegitimate children, 539. 
 
 To provide for an election by the voters registered in this State 
 under an Act of Congress entitled "An Act to provide for the 
 more efficient government of the Rebel States," passed March 
 2d, 1867, and the Acts supplementary thereto, 611. 
 
 Attaching Little River County to the Sixth Judicial Circuit, and 
 declaring the County-seat thereof, 689. 
 
 Providing for publication of notice of time of submission of the 
 Constitution to the people, for ratification, 698. 
 ( 952 ) 
 
GENEEAL INDEX. 
 
 Ordinances : 
 
 Concerning printing [forbidding printing for the Convention, 
 
 without the limits of the State], 744. 
 To defray the expenses incurred under provisions of the Schedule 
 to the Constitution adopted by the Convention, February 11th, 
 A. D. 1868, 752. 
 passed by the Convention, List of, 817. 
 passed by the Convention, with marginal notes, as published by 
 
 authority, 819. 
 passed by the Convention, Index to, 839. 
 Ordinances and Memorials, Committee on — see Memorials. 
 
 Resolution providing for the printing of, 738. 
 Organization of the Convention — see Convention, Organization of. 
 Organization of Government of Cities and Villages, Committee on— see 
 
 Cities. 
 Ouachita County election, 139. 
 Remarks on, by: — 
 Mr. Cypert, 139. 
 Mr. Portis, 140. 
 and Calhoun Counties, Boundary line of, 245. 
 Resolution instructing Committee on Boundaries to report an 
 Ordinance to change the boundaries of Ouachita and Calhoun 
 Counties, 245. 
 Ouachita River, Improvement of navigation of, 308. 
 
 Resolution providing for appointment of Committee to draft Me- 
 morial to Congress for, 308. 
 Appointment of Committee on memorializing Congress for appro- 
 priation for, 316.. 
 Owen, Thomas, a delegate from White County. 
 Election announced, 36. 
 Appeared, 54. 
 Sworn, 54. 
 36, 54, 61, 206, 756. 
 
 P. 
 
 Page, Henry, Treasurer of State, 320. 
 
 Resolution directing, to report account of assets of. State under 
 his control, 75. 
 
 Resolution requesting, to telegraph to General commandmg 
 Fourth Military District, for an order directing the Auditor to 
 draw his warrant for payment of expenses of the Convention, 
 
 736. 
 Treasurer of State of Arkansas, 1868, 797. 
 
 ( 953 ) 
 
GENEEAL INDEX. 
 
 Page, Henry, Treasurer of State^ — Communications from: — 
 
 Reporting assets of State under his control, Jan. 13, 1868, 79. 
 
 In reply to resolution calling for information regarding invest- 
 ment of State funds in U. S. bonds, Jan. 13, 1868', 80. 
 
 To Maj. 0. D. Greene, A. A. G., Fourth Military District, June 
 8, 1867 [investment of U. S. bonds], 82. 
 
 To Hon. Hugh McCulloch, Secretary of U. S. Treasury, May, 
 1867 [investment of State funds in U. S. bonds], 83. 
 
 To F. E. Spinner, Treasurer U. S., June 24, 1867 [investment 
 of State funds in XI. S. bonds], 84. 
 
 To F. E. Spinner, Treasurer TJ. 8., Sept. 2, 1867 [investment of 
 State funds in U. S. bonds], 86. 
 
 Jan. 21, 1868 [forwarding copies of telegrams regarding pay- 
 ments of expenses of Convention], 231. 
 
 To Headquarters Fourth Military District, Jan. 20, 1868 [pay- 
 ment of expenses of Convention], 231. 
 
 Receipt of, transmitting correspondence relative to payment of 
 expenses of Convention, 734. 
 
 Feb. 12, 1868 [issue of warrants for payment of expenses of 
 Constitution], 737. 
 
 Headquarters, Vicksburg, Miss., Feb. 13, 1868 [funds for pay- 
 ment of Convention expenses], 760. 
 Communications to: — 
 
 From Headquarters Fourth Military District, May 21, 1867 
 [investment of State Funds in U. S. bonds], 81. 
 
 From Headquarters Fourth Military District, June 10, 1867 
 [investment of State funds in U. S. bonds], 82. 
 
 From Brig. Gen. E. 0. C. Ord, commanding Fourth Military . 
 District, June 21, 1867 [investment of State funds in U. S. 
 bonds], 83. 
 
 From H. McCulloch, May 25, 1867 [investment of State funds 
 in IJ. S. bonds], 84. 
 
 From F. E. Spinner, S6p. 14, 1867 [investment of State funds 
 in U. S. bonds], 85. 
 
 Jan. 21, 1868, from John Tyler, A. A. G. [payment of ex- 
 penses of Convention], 231. 
 
 From F. E. Spinner, Treasurer IJ. S., Sep. 9, 1867 [investment 
 of State funds in U. S. bonds], 85. 
 
 From F. E. Spinner, Treasurer IT. S., Sep. 23, 1867 [investment 
 of State funds in U. S. bonds], 86. 
 
 From F. E. Spinner, Treasurer U. S., June 10, 1867 [invest- 
 ment of State funds in IT. S. bonds], 86. 
 
 Pages for the Convention, Appqintment of, 62. 
 
 to assist in attending to the mail matter of the Convention, 539. 
 ( 954 ) 
 
GENEEAL INDEX. 
 
 Papers, Removal of from Secretary's desk;' 306. 
 
 Eesolution forbidding removal of, from Secretary's desk, without 
 order of President of Convention, 306. 
 Remarks on, by : — 
 Mr. Brooks, 806, 307. 
 Mr. Cypert, 306. 
 Mr. McClure, 307. 
 
 Pay — see Compensation. 
 
 Payment of Deputy Sheriffs — see Deputy Sheriffs. 
 
 Pears, A. L., Representative in G-eneral Assembly, 1868, 797. 
 
 Penitentiary, 63, 71, 260, 477, 484, 623, 525, 742, 533, 742. 
 
 Resolution providing for appointment of Committee on, 63. 
 Appointment of Committee on, 71. 
 
 Resolution directing appointment of Committee, to consist of nine 
 members, of whom two shall be colored delegates, to investi- 
 gate the affairs of, 260. 
 • Remarks on, by : — 
 
 Mr. Hodges, of Pulaski, 261. 
 
 Mr. Brooks, 265. 
 Report of Committee on, 477, 525, 742, 
 Remarks on, by : — 
 
 Mr. Bradley, 481. 
 
 Mr. Gantt, 481. 
 
 Mr. McClure, 482. 
 
 Mr. Hodges, of Pulaski, 483. • 
 
 ■Mr. Cypert, 483. 
 Minority Report of Committee on, 523, 533, 743. 
 Remarks on, by: — 
 
 Mr. Brooks, 526, 528, 530. 
 
 Mr. Gantt, 527, 529, 530, 532. 
 
 Mr, Hicks, 531. 
 
 Mr. Hodges, of Pulaski, 535. 
 
 Mr. McCown, 535. 
 Teas and nays on, 742. 
 Testimony accompanying Report of Special Committee on, 774. 
 
 Personal Estate, Exemption of— see Exemption. 
 Pickett W. H., a delegate from Jackson County, 
 
 ' Election announced, 35. [Did not appear in the Convention.] 
 
 35, 60. 
 Poole, Frederick R., a delegate for Mississippi and Craighead Counties. 
 Election announced, 34. 
 Appeared, 45. , 
 
 Sworn, 53. 
 
 ( 955 ) 
 
GBKBEAL INDEX. 
 
 Poole, Frederick R. — 
 
 34, 45, 53, 61, 75, 196, 275, 674. 
 Eesolution offered by, 75. 
 
 Explanation of vote on the Constitution, 674. 
 Remarks on — 
 
 Pay of members and officers of the Convention, 275. 
 Representative in General Assembly, 1868, 797. 
 
 Poor of the State, Relief for — see Relief foe Poor of the State. 
 
 Portis, James P., a delegate from Ouachita County. 
 Election announced, 35. 
 
 35, 60, 61, 140, 245, 293, 295, 296, 297, 298, 313, 316, 414, 674. 
 Resolution to add, to Committee on Boundaries, 245. 
 Explanation of vote on Constitution, 674. 
 
 Remarks on : — 
 Navigation of Arkansas Riverf 296, 297. 
 Ordinance raising revenue for the purpose of defraying ex- 
 penses of Constitutional Convention, 313. 
 Senator of Arkansas, 1868, 798. 
 
 Postmaster for the Convention, 55, 538, 699. 
 
 Appointment of, 55. 
 
 Resolution declaring vacant the office of, 538, 699. 
 Remarks on, by: — 
 Mr. Montgomery, 700. 
 
 Yeas and nays on, 539, 700. 
 Powers of the Conv§ption — see Convention. 
 Practice, Code of — see Code of Pracjicb. 
 Preamble and Bill of Rights, Committee on, 60. 
 
 Report of, 354. 
 
 President of the Convention, IfTominations for, 46, 784, 796. 
 
 Election of, 48. 
 
 Remarks of, on taking the Chair, 48. 
 
 Valedictory remarks of, 761. 
 
 Thanks, Vote of, to the President (Subject of), 764. 
 
 Adjournment of the Convention by, 764. 
 
 Proclamation of, announcing adoption, by Convention, of Con- 
 stitution, and giving notice of election, under provisions of Act 
 of Congress, of election for ratificatioa thereof, 784. 
 
 Letter of transmittal from, to President of the IJnited States, 
 accompanying copy of Constitution, and abstract of vote on 
 ratification thereof, at election held under provisions of the 
 Constitution, 796. 
 
 [Communications addressed to the President of the Convention, 
 in his official capacity, are, in their proper places, noted simply 
 ( 956 ) 
 
GENEEAL INDEX. 
 
 as " Communications." In other cases, the name of the per- 
 son or officer to whom addressed, is given.] 
 President of U. 8., Veto Message of, on hill admitting State to representa- 
 tion in Congress, 812 a. 
 Press, Accommodations for the, 52. * 
 
 Resolution providing for accommodations for the, 52. 
 Price, John G., 48, 49, 55, 192, 567, 798, 799, 816, 852. 
 Nominated Secretary to the Convention, 48. 
 Elected Secretary to the Convention, 49. 
 Sworn, 55. 
 Declared Public Printer of the Convention, and also for the 
 
 State, 192. 
 Representative in Greneral Assembly, 1868, 798. 
 Chosen Speaker of the House of Representatives of Arkansas, 
 
 799. 
 Certificate of, to correctness of copies of Ordinance, etc., of Con- 
 vention, 816. 
 Certificate of, to correctness of copy of the Constitution, 852. 
 Priddy, John C, a delegate for Montgomery and Perry Counties. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 53, 60, 61, 749. 
 Printer Public, Appointment of, 191, 701, 738. 
 Ordinance declaring, 192. 
 Remarks on, by : — 
 Mr. McClure, 192. 
 Mr. Brooks, 193. 
 Mr. Beasley, 193. 
 Yeas ^nd nays on, 193. 
 Printing, Committee on, 61, 537, 738. 
 Of the Convention, 129, 140. 
 
 Resolution instructing Committee on, to contract for, with the 
 * lowest bidder, and to report their action to the Convention, for 
 
 its approval, 140. 
 Resolution directing that five hundred copies of all memorials 
 and ordinances be printed for the use of members of the Con- 
 vention, 738. 
 Order providing for the printing, indexing, and distribution, of 
 
 the Official Journal and Debates of the Convention, 744. 
 Ordinance concerning printing [forbidding printing for the Con- 
 vention without the limits of the State], 744. 
 Remarks on, by : — 
 Mr. Gantt, 745, 746. 
 
 ( 957 ) 
 
GENERAL IISTDEX. 
 
 Printing, Committee on — Remai'ks on, by : — 
 Mr. McClure, 745. 
 Mr. Brooks, 745, 746. 
 Yeas and nays on, 746. 
 Privilege, Questions of, 567, 749. 
 Remarks on, by ; — 
 Mr. Brooks, 667, 568. 
 Mr. Bradley, 567. 
 Mr. Cypert, 567. 
 Proceedings of General Assembly of State of Arkansas, upon ratification 
 of Fourteentb Article of Amendment to Constitution of the 
 United States, 800. 
 Proclamation of President of Convention, announcing adoption of Con- 
 t stitution by the Convention, and giving notice of election, 
 
 under provisions of Act of Congress, for ratification of Con- 
 stitution, 784. 
 Proclamation of Commissioners of Election, announcing ratification of 
 
 Constitution at election, under provision of Schedule, 794. 
 Protest against the Constitution — see Constitution, Protest Against the. 
 Public Conveyances — see Conveyances, Public. 
 Publication : — 
 
 Of Memorials and Ordinances, 738. 
 Of Debates and Proceedings of Conventi9n, 744. 
 See, also. Printing. 
 Puntney, R. G., a delegate from Desha County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 
 34, 45, 53, 61, 240, 523, 524, 674, 728. 
 Remarks on :— 
 Disfranchisement, 240. 
 
 Purchase-money for Slaves — see Slaves. 
 
 • 
 
 Q. 
 
 Qualification of members and officers — see Oath of Ofmob-, Administra- 
 tion OF. 
 
 R. 
 
 Races, Intermarriage of the — see Intermarriage of the Races. 
 Railroad, Little Rock and Fort Smith — see Little Rock and Eort Smith 
 Railroad. 
 
 Ratcliffe, Ham. "W., a delegate from Randolph County. 
 Election announced, 35. 
 ( 958 ) 
 
GENBEAL INDEX. 
 
 Ratcliffe, Ham. W., a delegate from Randolph County, 
 Appeared, 740. 
 Sworn, 740. 
 
 35, 61, 740. 
 
 Eawlings, Nathan N., a delegate from Ouachita County. 
 Election announced, 35. 
 
 36, 61, 70, 234, 675. 
 
 Explanation of vote on the Constitution, 675. 
 Representative in General Assembly, 1868, 798. 
 Ratification, Committee on, 198. * 
 
 Resolution providing for appointment of, 198. 
 Appointed, 199. 
 Resolution instructing, to report instanter, their action and duties, 
 
 and the purpose of the creation of the Committee, 452. 
 Yeas and IsTays on, 463. 
 
 Ratification, N"otice of election for (Subject of), 698. 
 
 Ordinance providing for publication of notice of time of submis- 
 sion of the Constitution to the people, for ratification, 698. 
 
 of the Constitution, Question of delay of election for, 738. 
 Teas and Nays on, 699. 
 
 of the Constitution, Notice of election for, under provisions of 
 Act of Congress, 784. 
 
 of Constitution, Notice of election for,' under provisions of Sche- 
 dule to the Constitution, 784. 
 
 Notice of Commissioners of Election, announcing, of Constitu- 
 tion, 794. 
 
 of Fourteenth Article of Amendment to Constitution of United 
 States, Proceedings of General Assembly upon, 800. 
 
 of Constitution, Report of District Commander upon, 804. 
 
 of Constitution at election, under Act of Congress, Consolidated 
 returns of election for, 807. 
 Real Estate, Exemption of— see Exemption. « 
 
 Ray, I. C, Senator of Arkansas, 1868, 798. 
 
 Recesses, 271, 730. 
 
 Motions for, 271, 616, 640, 641, 653, 730. 
 Reconstruction Acts of Congress : — 
 
 Of March 2d, 1867 (Original Act), 17. ' 
 
 Of March 23d, 1867 (Supplementary), 20. 
 
 Of July 19th, 1867 (Supplementary), 24. 
 
 Of February 28th, 1868 (Amendatory), 793. 
 Rector Henrj', a delegate from Pulaski County. 
 
 Election announced, 35. 
 
 Appeared, 45. 
 
 ( 959 ) 
 
GENBEAL INDEX. 
 
 Rector, Henry, a delegate from Pulaski County. 
 
 Sworn, 53. 
 
 35, 45, 53, 56, 61, 474, 507, 676. 
 
 Explanation of vote on the Constitution, 676. 
 Rector, James Elias, appointed Page for the Convention, 52. 
 
 Sworn, 55. 
 Red River, Improvement of navigation of, 308. 
 
 Resolution instructing Committee on Memorial to report Memo- 
 rial to Congress, asking appropriation for, 808. 
 Reduction in number of officers in Convention — see Officers. 
 
 Reduction in number of newspapers furnished to the Convention — see 
 
 I^Tewspapers. 
 Reed, M,, Representative in General Assembly, 1868, 798. 
 Registration, Preliminary, in Arkansas, Abstract of Returns of,. 769. 
 
 See, also, Ihe Reconstruction Acts, and General Orders. 
 Relief for poor of the State, 55, 250, 286. 
 
 Resolution providing for appointment of Select Committee to 
 prepare and present a Memorial to Congress for, 55. 
 Remarks on, by: — 
 Mr. Brooks, 55. 
 Mr. Cypert, 55. 
 Appointment of committee on, 55. 
 Report of committee on, 250, 286. 
 ]&emarks on, by: — 
 Mr. Brooks, 250, 290. 
 Mr. Cypert, 251, 286, 288. 
 Mr. Bo.wen, 287, 289. 
 Mr. Wilson, 288. 
 Mr. Duvall, 289. 
 Mr. Walker, 290. 
 Mr. Hodges, of Pulaski, 292. 
 »Mr. Grey, of Phillips, 292. 
 Addition to Committee on, 362. 
 Religious services, by Chaplain, 185. 
 
 Resolution requesting, and providing for, public announcement 
 of, 185. 
 
 Removal from office — see Impeachment. 
 
 Removal of papers — see Papers. 
 
 Reporter, Stenographic — see slip inserted next to cover. Also, 43, 98. 
 
 Order allowing to, mileage and compensation for time consumed 
 in travel, 724. 
 
 Representatives in General Assembly, chosen at first election held under 
 Constitution of 1868, 797. 
 ( 960 ) 
 
GENERAL IJifDEX. 
 
 Eepresentatives, House of, Speaker of, 1868, 799. 
 
 Representatives, House of. Proceedings of, upon ratification of Fourteenth 
 
 Article of Amendment to Constitution of United States, 800. 
 Representatives in Congress, elected March 13th, 1868, 798. 
 Residence of Members of the Convention, 3. 
 Resolutions": 
 
 Directing the Secretary of the Convention to provide accommo- 
 dations on the floor of the Convention, for the Press, 52. 
 
 Providing for appointment of Committee on standing rules of 
 order for government of the Convention, 55. 
 
 Providing for appointment of Select Committee to prepare and 
 present a memorial to Congre8s,'for relief of the sufiFering poor 
 of the State, 55. 
 
 To memorialize the commander of the Military District for sus- 
 pension of State tax, 56. 
 
 Providing for the procurement of newspapers for members and 
 officers of the Convention, 56. 
 
 Providing for Select Committee to prepare memorial to Con- 
 gress for removal of political disabilities, in case of citizens 
 assisting in reconstruction, 57, .166. 
 
 Instructing Committee on Finance to estimate expenses of Con-, 
 vention, and to report Ordinance for levy and collection of ne- 
 cessary tax therefor, 58. 
 
 Recommending removal of the tax on raw cotton, 58. 
 
 To memorialize the Commander of the Department to suspend 
 collection of debt till January 1st, 1869, 58. 
 
 Abolishing the offices of Second and Third Assistant Secretaries, 
 Second and Third Assistant Doorkeepers, Second Assistant 
 8ergeant-at-Arms, and Postmaster, and for reduction of num- 
 ber of newspapers furnished to members and officers,- 59. 
 
 Directing that the services of officers embraced in resolution of- 
 fered by Mr. Cypert (p. 59), be dispensed with until final dis- 
 position of the Resolution, 62. 
 
 Providing for appointment of Committee on the Penitentiary, 63. 
 
 Providing for printing of one hundred copies of Rules of Order, 
 and order of business of the Convention, 67. 
 
 Providing for printing of one hundred and fifty copies of Rules 
 of Order, list of Standing Committees, names of members of 
 Convention, Reconstruction Acts, and General Order N"o. 37, 67. 
 
 Prescribing limitation of debate, 73. 
 
 Inviting Governor Murphy and Gen. Smith to seats within bar 
 of Convention, 74. 
 
 Directing appointment of additional members upon Committee 
 on Apportionment, 74. 
 
 61 ( 961 ) 
 
GBNEEAL INDEX. 
 
 Resolutions: '.i 
 
 Directing Custodian of Treasury to report, to Convention, infor- 
 mation respecting investment of State funds in TJ. S. bonds, 
 75. 
 
 Referring to appropriate committees, question of expediency of 
 electing by the Legislature, certain State officers, 78. 
 
 Providing for appointment of Committee to draft Memorial to 
 Congress for National aid in rebuilding levees along tbe over- 
 flowed districts of the State, 78. 
 , Instructing Committee on Memorials and Ordinances to inquire 
 into propriety of providing for payment of expenses of Con- 
 vention out of funds in State Treasury, January 13th, 1868, and 
 of memorializing District Commanders for approval, 79. 
 
 Inviting Dr. T. M. Jacks to address the Convention on matters 
 of general interest to the people of the State and not of a polit- 
 ical character, 128. 
 
 Instructing Committee on Printing to contract, for printing that 
 may be ordered, with the lowest bidder, and to report to the 
 Convention, for their approval, its action, 140. 
 
 Instructing Committee on Finance to report back to the Conven- 
 tion, the Resolution concerning reduction of number of officers 
 of the Convention, 159. 
 
 Providing for appointment of Commissioners to investigate affiiirs 
 of Little Rock and Port Smith Railroad, 159. 
 Amendment to, 161. 
 
 Instructing Committee on Elections to report at once in case of 
 members from Ashley County, 166. 
 
 Providing and making appropriations for the per diem and mile- 
 age of members to the Convention, and other expenses, 175. 
 
 Defining tbe powers and duties of the Convention, 180. 
 
 Requesting the Chaplain of the Convention to conduct religious 
 services on each Sabbath during session of Convention, and 
 providing for publication of announcement of the same, 185. 
 
 Appointing Commissioners to locate the County-seat of Little 
 ■ River County, 197. 
 
 Providing for appointment of Committee on Correspondence, 197. 
 
 Providing for appointment of Committee upon Ratification, 198. 
 
 Providing for appointment of Special Committee for examination 
 of records of the Convention, 232. 
 
 For the suspension of the collection of debts, 233. 
 . Instructing Committee on Franchise to inquire into the expe- 
 diency of disfranchising certain classes of persons, 234. 
 
 Instructing Committee^ on Elective Franchise to inquire into ex- 
 pediency of disfranchising no citizen for participation in any 
 past rebellion, 235, 243. 
 ( 962 ) 
 
GEJSfBEAL INDEX. 
 
 Resolutions : 
 
 Instructing Committee on Elective Franchise to disfranchise all 
 
 men engaged in rebellion up to July 4, 1861, 243. 
 Instructing Committee on Elective Franchise to inquire into ex- 
 pediency of disfranchising all men engaged in rebellion up to 
 April 4, 1864. 
 Providing for cessation of pay to members of Convention in case 
 
 of absence, 245. 
 Instructing Committee on Elective Franchise to inquire into ex- 
 pediency of disfranchising all men that opposed reconstruc- 
 tion, 245. 
 Recommending to the Legislature the passage of an act making 
 the refusal by public carriers, and owners of public conveyances^ 
 in the State of Arkansas, to carry or transfer citizens over the 
 public highways of travel, a penal offence, 251. 
 Instructing Committee on Relief for the Poor of the State to con- 
 sider a plan by which Grovernrnent aid may assist in a perma- 
 nent location of freedmen of the State, 251. 
 For appointment of Committee, to consist of nine members, of 
 whom two shall be colored delegates, to investigate the affairs 
 of the State Penitentiary, 260. 
 Instructing Committee on Franchise to inquire into propriety of 
 disfranchising all persons having taken the " Iron-clad" oath, 
 for the purpose of accepting office, and having opposed, or 
 who may hereafter oppose, reconstruction, 265. 
 Requesting Committee on Elective Franchise to take into con- 
 sideration the propriety of disfranchising no citizen who aided 
 in reconstruction, 266. 
 Prescribing the compensation of members and officers of the 
 
 Convention, 279. 
 Providing for appointment of Committee to draft Memorial to 
 Congress, setting forth the necessity for, and asking the public 
 sale of, the Arkansas Hot Springs, 306. 
 Forbidding removal of records, resolutions, or other papers, from 
 Secretary's desk, without order of President of Convention, 
 
 806. 
 
 Providing for appointment of Committee to draft Memorial to 
 Congress for improvement of Ouachita River, 308. 
 
 Instructing Committee on Memorials to report Memorial to Con- 
 gress, asking appropria'tion to improve navigation of Red 
 
 River, 308. 
 
 Providing for appointment of Special Committee to memoriahze 
 Cono-ress to continue Freedmen's Bureau until reconstruction 
 of State, and to report the same by Jan. 27th, 1868, 308. 
 
 Authorizing Secretary of Convention to issue to the delegates 
 
 ( 963 ) 
 
&ENEEAL INDEX. 
 
 Resolutions : 
 
 from Ashley County the certificates necessary to enable them 
 to draw pay from the day of organization of Convention, 309. 
 
 Appointing Hon. Asa Hodges a messenger of the Convention, 
 with instructions to proceed to Headquarters of Fourth Mili- 
 tary District, to lay before the General commanding, account 
 of expenses incurred by Convention, and instructing President 
 and Secretary of Convention to furnish to him certified copies 
 of all Ordinances, etc., necessary, with direction to messenger 
 to receive, if possible, approval of said accounts, and an order 
 for their payment by State Treasurer, etc., 319. 
 
 Instructing Committee on Finance to ascertain and report the 
 amount of indebtedness of State, and condition of finances 
 thereof, 320. 
 
 Ofiering use of Hall of Convention,' for meeting of, and appoint- 
 ing Committee to inform thereof, Chairman of, Democratic 
 State Central Committee, 361. 
 
 Instructing Committee on Arrangement and Phraseology of the 
 Constitution to insert in the Constitution a clause, forbidding 
 solemnization of matrimony between whites and Africans, 363. 
 
 Providing that in any action Of Convention, regulating relations 
 of debtor and creditor, exception. should be made regarding 
 debt owing to School-Fund of any County of the State, 391. 
 
 Providing that the Convention, at its final adjournment, shall re- 
 main subject to the call of the Pi-esident, whose duty it shall 
 be to convoke it in case the Constitution should not be ratified, 
 and to call upon the proper officer of the State to cause elec- 
 tions to be held to fill any vacancies therein, 396, 424. 
 
 Petitioning Congress to continue Freedmen's Bureau until ac- 
 complishment of reconstruction, 428. 
 
 Eequesting Congress to instruct Chief of Freedmen's Bureau to 
 officer it with more honest and efficient men, 433. 
 
 Instructing Committee on the Constitution, its Arrangement and 
 Phraseology, to report an article thereto, disfranchising all per- 
 sons who oppose reconstruction, and providing that the act of 
 • voting against the adoption of the Constitution shall be con- 
 clusive evidence of such opposition, 452. 
 
 Disfranchising John M. Bradley and nobody. else, 452. 
 
 Instructing Committee on Ratification to report, instanter, their 
 action and duties, and the purpose of creation of the Commit- 
 tee, 452. 
 
 Providing for adjournment of Convention from Feb. 3d, 1868, to 
 Feb. 5th, 1868, 475.* 
 
 Inviting the ladies to attend the sessions of the Convention, 488. 
 
 Requiring that each member of the Convention shall certify on 
 { 964 ) 
 
GBNBEAL INDEX. 
 
 Resolutions : 
 
 honor the actual nuraber of miles travelled by the most practi 
 cable route furnishing public transportation, in coming to Con- 
 vention, 489. 
 ; ^ Directing Standing Committees, not having heretofore reported 
 
 to Convention, to hand in their reports to the Committee on 
 the Constitution, its Arrangement and Phraseology, at earliest 
 possible moment, 489. 
 
 Declaring opposition of Convention to amalgamation, and recom- 
 mending General Assembly to enact such laws as may effec- 
 tually govern the same, 489. 
 
 That the Convention insert, in the Constitution, a clause forever 
 prohibiting intermarriage between whites and negroes, and 
 that they vote instanter, by yeas and nays, 491. 
 
 Instructing Committee on the Constitution to report, as a part of 
 the Constitution, an Ordinance making void any marriage be- 
 tween a white person and one of negro or mixed blood, and 
 making it the duty of the Legislature to enact such laws as 
 will prevent miscegenation, 500. 
 
 Directing aril Standing Committees, except that on Elective Fran- 
 chise, to report, at the earliest practicable moment, to the Com- 
 mittee on the Constitution, 511. 
 
 Providing for the creation of " Magazine County," and instruct- 
 ing the first Legislature to enact laws for carrying into effect 
 the object of the Resolution, 537. 
 
 Declaring vacant the ofiice of Postmaster of the Convention, 538. 
 
 Allowing to Asa Hodges, mileage for his travelling expenses as 
 messenger of the Convention to Vicksburg, 690. 
 
 Allowing to W.W. Adams his full per diem as a member of the 
 Convention, 691. 
 
 Recommending to the next General Assembly the adoption of 
 measures to relieve Judges Harrell and Hargrove of disabilities 
 imposed by charges preferred against them, 693. 
 
 Allowing to Mr. Harbison, contestant in the Ashley County case, 
 i mileage and per diem, 695. 
 
 Respecting statistics of the Convention, 699. . 
 
 Appointing six Vice-Presidents of the Convention, and prescrib- 
 ing their powers and duties, 700. 
 
 Prescribing the manner of appointment of Boards to Digest and 
 Arrange the Laws, and to Arrange a Code of Practice, as in 
 the Constitution provided, 701. 
 
 Providing for the adjournment, sine die, of the Convention, 724. 
 
 Directing the Sergeant-at-Arms to bring in all absent members of 
 the Convention, and revoking leaves of absence, 731. 
 
 Requesting the State Treasurer to telegraph to the General Com- 
 
 ( 965 ) 
 
GENBEAL INDEX. 
 
 Resolutions : • 
 
 manding the Fourth Military District, for an order directing 
 the Auditor to draw his warrant for the payment of all ex- 
 penses of the Convention, 735. 
 
 Revoking all leaves of absence to members of the Convention, 
 who may not have left the city, and ordering the Sergeant- 
 at-Arms to bring such members before the Convention, 735. 
 
 Providing for the case of resignation, death, or disqualification, of 
 either of the Commissioners appointed to codify and arrange 
 the laws, 737. 
 
 Directing that five hundred copies of all Memorials and Ordin- 
 ances be printed for the use of members of the Convention, 
 738. 
 
 Allowing to Assistant Secretary St. John, ten dollars per day, 
 instead of eight, 747. 
 
 Directing the President of the Convention to appoint a Commit- 
 tee to compare the engrossed copies of the Constitution with 
 the Report of the Committee on the Constitution, its Arrange- 
 ment and Phraseologj', 749. 
 
 Directing the Chairman of the Committee on Memorials to in- 
 clude, in the Memorial to Congress, for the relief of pei'sons 
 disfranchised, the names of such persons as may be recom- 
 mended by the Republican members of the Convention, as 
 having materially aided reconstruction, 753. 
 
 Directing that five hundred copies of the Report of the Commit- 
 tee on Memorials for the Relief of Disabilities, be printed for 
 the use of this Convention, 760. 
 
 Public, adopted by the Convention, List of, 817. 
 
 Public, adopted by the Convention as published by authority, 826. 
 
 Public, adopted by the Convention, Index to, 889. 
 Returns (Approximate) of preliminary registration in Arkansas, 769. 
 
 (Approxiniate) of election on question of holding Convention, 
 770.' 
 
 of election, under provisions of Schedule to the Constitution, for 
 ratification of the Constitution, 795. 
 
 Consolidtited, of election, under Act of Congress, for ratification 
 of Constitution, 807. 
 Revision of Constitution — see Constitution. 
 Revocation of leaves of absence — see Absence. 
 Reynolds, W. W., a delegate from Benton County. 
 
 Election announced, 34. 
 
 Appeared, 68. 
 
 Sworn, 69. 
 
 34, 61, 68, 69, 136, 188, 189, 194, 197, 235, 279, 315, 367, 418, 
 ( 966 ) 
 
GBNBEAL INDEX. 
 
 419, 420, 421, 433, 538, 569, 571, 574, 575, 578, 613, 665, 666, 
 676, 730, 733, 741, 742, 752, 756, 764. 
 Reynolds, W. W.— Explanation of vote on the Constitution, 665. 
 Remarks on : — 
 
 Expenses of the Convention, 194. 
 Izard County election, 569. 
 Eice, Benjamin F., appointed one of the Commissioners to prepare a Code 
 of Practice, 737. 
 Elected Senator of the United States, 799. 
 Rights, Bill of. Committee on — see Preamble and Bill of Rights. 
 Robinson, E. A., nominated First Assistant Doorkeeper of the Conven- 
 tion, 51. 
 Elected First Assistant Doorkeeper of the Convention, 51. 
 Sworn, 55. 
 Roots, Logan H., elected Representative in Congress, 798. 
 Rounsaville, Franklin Monroe, a delegate from Yell County. 
 Election announced, 36. 
 Appeared, 54. 
 Sworn, 54. 
 
 36, 54, 60, 61, 408, 409, 676. 
 Explanation of vote on the Constitution, 676. 
 
 Rules of Order, 52, 55, 57, 64, 357, 452, 453, 536. • 
 
 Resolution for Appointment of Committee on, 55. 
 
 Committee on, appointed, 55. 
 
 Addition to Committee on, 57. , 
 
 Report of CoraOiittee on, 64. 
 
 Report on, adopted, 67. 
 
 Resolution providing for printing of one hundred copies of Rules 
 
 of Order, and Order of Business, of the Convention, 67. 
 Resolution providing for printing of one hundred and fifty copies 
 of Rules of Order, together with list of Standing Committees, 
 etc., 67. 
 Yeas and Nays, 537. 
 Rush, A. L., Representative in General Assembly, 1868, 798. . 
 Rushing, Enoot D., Senator of Arkansas, 1868, 797. 
 
 S. 
 
 St. John, Henry, nominated First Assistant Secretary to the Conven- 
 tion, 49. 
 Elected First Assistant Secretary to the Convention, 50. 
 
 Sworn, 55. 
 
 Order allowing pay aad mileage, for travel to and from session ot 
 
 Convention, 735. 
 
 ( 967 ) 
 
GENERAL INDEX. 
 
 St. John, Henry. — ^Resolution allowing additional compensation, 749. 
 
 Representative in General Assembly, 1868, 798. 
 Salaries, Committee on, 60. 
 Sams, F. M., a delegate from Madison County. 
 Election announced, 35. 
 Appeared, 54. 
 Sworn, 54. 
 
 35, 54, 60, 61, 135, 136, 212, 213, 316, 522, 623, 580, 677. 
 Explanation of vote on Constitution, 677. 
 Samuels, Richard, a delegate from Hempstead County. 
 Election announced, 35. 
 Appeared, 46. 
 Sworn, 53. 
 
 35, 46, 53, 60, 61, 680. 
 
 Representative in General Assembly, 1868, 798. 
 Sarber, John N., a delegate from Johnson County. 
 Election announced, 771. 
 Appeared, 46. 
 Sworn, 63. 
 
 44, 46, 63, 60, 61, 66, 71, 74, 168, 161, 165^ 166, 223, 249, 260, 
 252, 253, 310, 323, 324, 332, 333, 347, 348, 351, 352, 361, 378, 
 393, 420,.422, 449, 451, 453, 471, 473, 474, 483, 485, 504, 510, 
 538, 569, 570, 671, 672, 574, 580, 613, 654, 656, 677, 685, 696, 
 697, 702, 710, 737, 771. 
 Resolution offered by, 74. 
 • Explanation of vote on the Constitution, 677. 
 Remarks on : — 
 Ashley County election, 166, 323, 324, 332, 333, 347, 351. 
 Continuance of Freedmen's Bureau, 471. 
 Intermarriage of the races, 610. 
 Izard County election, 674, 680. 
 
 Appointed one of the Commissioners to prepare a Code of 
 Practice, 737. ' 
 Senator of Arkansas, 1868, 797. 
 
 Chosen President of the Senate of Arkansas, 799, 803. 
 Schserf, Charles, nominated Sergeant-at-Arms of the Convention, 61. 
 Elected Sergeant-at-Arms of the Convention, 51. 
 Sworn, 65. 
 Schedule, Committee on, 61. 
 Expenses under, 751. 
 
 Ordinance to defray the expenses incurred under provisions of 
 the Schedule to the Constitution, adopted by the Convention, 
 , February 11th, A.D. 1868, 751. 
 
 Correspondence respecting expenses incurred under, 789. 
 ( 968 ) V 
 
GENEEAL INDEX. 
 
 School-Fund, Debts due to, 391. 
 
 Resolution providing that in any action of Convention, regulat- 
 ing relations of debtor a'nd creditor, exception should be made 
 regarding, ,391. 
 Scott, George S., a delegate from Little Eiver County. 
 Election announced, 35. 
 Appeared, 54. 
 Sworn, 54. 
 
 Appointed one of the Vice-Presidents of the Convention, 700. 
 36, 54, 61, 71, 99, 154, 167, 196, 197, 265, 308, 316,427, 537,678, 
 
 700. 
 Eesolutions offered by, 197, 265, 308, 537. 
 Explanation of vote on Constitution, 678. 
 Senator of Arkansas, 1868, 798. 
 
 Secretary to the Convention, nominations for, 48. 
 Election of, 49. 
 Remarks on : — 
 529, 531. 
 
 Secretaries, Assistant, 735, 747'. 
 
 Order allowing to, pay and mileage for travel to and from the 
 sessions of the Convention, 735. 
 Remarks on, by : — 
 • Mr. Kyle, 735. 
 
 Mr. Cypert, 735. 
 Order providing for the printing, indexing, and distribution, of 
 the Official Journal and Debates of the Convention, 744. 
 Remarks on, by : — 
 Mr. Gantt, 748. 
 Mr. Smith, 748. 
 
 Secretary, First Assistant, to the Convention, Nominations for, 49. 
 
 Election of, 50. 
 Secretary, Second Assistant, to the Convention, Election of, 60. ^ 
 Secretary, Third Assistant, to the Convention, Election of, 60. 
 Secretary pro-tempore, to the Convention, Selection of, 44. 
 Secretary Assistant, pro-tempore. Selection of, 44. 
 Senate of Arkansas, President of, 1868, 799. 
 
 Senate of Arkansas, Proceedings of, upon ratification of Fourteenth Ar- 
 ticle of Amendment to Constitution of United States, 802. 
 Senators, chosen at first election held under Constitution of 1868, 797. 
 Senators of United States, chosen by Legislature of 1868, 799, 
 Sergeant-at-Arms of the Convention, Election of, 51. 
 Sergeant-at-Arms, First Assistant, of the Convention, Election of, 51. 
 
 ( 969 ) 
 
GENERAL IKDEX. 
 
 Sergeant-at-Arms, Second Assistant, of the Convention, Election of, 51. 
 Sevier, Henry D., nominated Doorkeeper' of the Convention, 51. 
 
 Elected Doorkeeper of the Convention, 61. 
 
 Sworn, 55. 
 
 Sharp, Ephraim, Representative in G-eneral Assembly, 1868, 797. 
 
 Sheriffs, Deputy — see Deputy Sheripes, 
 
 Shoppach, James H., a delegate from Saline County. ~ 
 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 53, 61, 678, 756. 
 Explanation of vote on the Constitution, 678. 
 
 Sims, Clifford Stanley, a delegate from Desha County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 34, 45, 53, 55, 58, 60, 61, 71, 168, 175, 184, 196, 199, 474, 489, 
 678, 689, 749, 753, 776. 
 Resolutions offered by, 58, 489, 749. 
 Explanation of vote on the Constitution, 678. 
 Remarks on : — 
 Impeachment of Judges Harrell and Hargrove, 693. , 
 Appointed one of the Commissioners to revise and rearrange the 
 
 Statute Laws of the State, 736. 
 Representative in General Assembly, 1868, 798, 801, 
 
 Singleton, A. J., Representative in General Assembly, 1868, 798. 
 
 Slaves, Purchase-money for, 195. 
 
 Ordinance respecting the sale of, 195. 
 
 Smith, Daniel J., Representative in General Assembly, 1868, 798. 
 
 Smith, Bvt, Brig. Gen. C. H., commanding Sub-District of Arkansas — for 
 . General and Special Orders of, see Sub-Distkict of Arkansas. 
 Resolution inviting to seat within bar of Convention, 74. 
 Acceptance of invitation to seat within bar of Convention, 75. 
 Communications from : — 
 Receipt of; respecting payment of Deputy Sheriffs, 512. 
 Feb. 13, 1868, endorsed upon communication from John Tyler, 
 A. A. G. [date of election for ratification of Constitution], 
 739. 
 Communications to : — 
 From the President of the Convention, Feb. 11, 1868 [notifi- 
 cation of adoption, by the Convention, of the Constitution, 
 and date of election fixed> for ratification thereof], 739. 
 ( 9V0 ) 
 
GEISTERAL INDEX. 
 
 Smith, Bvt. Brig. Gen. 0. H. — Communications to : — 
 
 From John Tyler, A. A. G., Feb. 12, 1868 [date of election for 
 
 ratification of Constitution], 739. 
 From the President of the Convention, Feb. 13, 1868 [declining 
 to change time for holding election], 740. 
 
 Smith, G. W., Resolution appointing Commissioner, to investigate aflairs 
 of Little Rock and Fort Smith Railroad, 162. 
 
 Smith, Thomas, a delegate from Phillips County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 49, 53, 61, 74, 76, 128, 129, 195, 196, 199, 202, 220, 245, 
 251, 279, 281, 285, 351, 415, 471, 474, 488, 679, 747, 748, 763. 
 Resolutions offered by, 74, 128, 279, 488. 
 Explanation of vote on Constitution, 679. 
 Remarks on : — 
 
 Izard County election, 580. 
 
 Additional compensation of Assistant Secretaries, 748. 
 Superintendent of Public Instruction, 1868, 797. 
 
 Snyder, 0. P., a delegate from Jefferson County. 
 Election announced, 771. 
 Appeared, 45. 
 Sworn, 53. 
 
 Appointed one of th^ Vice-Presidents of the Convention, 700. 
 44, 45, 53, 56, 60, 61, 62, 69, 76, 99, 103, 160, 162, 174, 234, 242, 
 
 268, 303, 307, 394, 425, 581, 679, 680, 693, 700, 760, 771. 
 Resolutions offered by, 76, 693. 
 Explanation of vote on the Constitution, 679. 
 Remarks on : — 
 
 Reduction in number of officers, and of newspapers fur- 
 nished, 62. 
 Disfranchisement, 242. 
 Izard County election, 581. 
 
 Impeachment of Judges Harrell and Hargrove, 693. 
 Appointed one of the Commissioners to revise and rearrange the 
 
 Statute Laws of -the State, 736. 
 Senator of Arkansas, 1868, 798, 802. 
 Speaker of House of Representatives, 1868, 799. 
 • Special Committees— see Committees, Special. 
 Special Orders-see District, Foueth Military, and Sub-District oe 
 
 Arkansas. 
 Speeches of Members, furnished, 501, Note. 
 
GENEEAL INDEX. 
 
 Spinner, Hon. F. E., Treasurer U. S. . 
 Communications from: — 
 
 To Henry Page, Treasurer of State, Sep. 14, 1867 [investment 
 of State funds in U. S. bonds], 85. 
 
 To Henry Page, Treasurer of State, Sep. 9, 1867 [investment 
 of State funds in U. S. bonds], 85. 
 
 To Henry Page, Treasurer of State, Sep. 23, 1867 [investment 
 of State funds in U. S. bonds], 86. 
 
 To Henry Page, Treasurer of State, June 10, 1867 [invest- 
 ment of State funds in U. S. bonds], 86. 
 Communications to : — 
 
 From Henry Page, Treasurer of State, June 24, 1867 [invest- 
 ment of State funds in U. S. bonds], 84. 
 
 From Henry Page, Treasurer of State, Sep. 2, 1867 [invest- 
 ment of State funds in U. S. bonds], 86. 
 
 Standal, Richard, Resolution appointing, Commissioner to locate County- 
 seat of Little River County, 197. 
 Stansberry, W. W., Representative in General Assembly, 1868, 797. 
 Standing Committees — see Committees, Standing. 
 Standing Rules of Order — see Rules. 
 
 State Officers, other than Executive, Committee on — see Officers. 
 Statistics of the Convention, 3, 699. 
 
 Resolution respecting, 699. 
 Statutes, Codification of — see Codification. 
 Stay of Execution, 266. 
 
 Ordinance prohibiting judicial proceedings in certain cases of, 266. 
 Stenographer — see Reporter. 
 
 Stephenson, M. L., Senator of Arkansas, 1868, 797, 802. 
 Stone, Mrs. Lucy, 702. 
 Story, Hon. William, 54, 58. 
 
 St. John, Henry, Representative in General Assembly, 1868, 798. 
 Sub-District of Arkansas : 
 
 Special Orders No. 120, Dec. 21, 1867 (Calhoun County election), 
 37. 
 
 Special Orders, No. 127, Dec. 30, 1867 (Lafayette County elec- 
 tion), 38. 
 Special Orders No. 3, Jan. 6, 1868 (Ashley County election), 40. 
 General Orders No. 4, Feb. 14, 1868 (providing for election for 
 ratification of Constitution, and for registration of voters), 785. 
 Suffrage— see Franchise, and Female Suffrage. 
 Supplies, Committee on, 61. 
 ( 972 ) 
 
GENEEAL IISTDBX. 
 
 Supplemental paragraphs to General Orders N"o. 43, Hdqrs. Fourth Mili- 
 tary District, 771. 
 Supreme Court, Justices of, elected March 13, 1868, 797. 
 Suspension of collection of debt — see Debt. 
 Suspension of State Tax — see Tax. 
 
 Tax on raw cotton — see Cotton. 
 
 Tax, State, Suspension of, 56. 
 
 Resolution to memorialize the commander of the Military Dis- 
 trict for, 56. 
 Remarks on, by : — 
 
 Mr. Hodges, of Crittenden, 56. 
 
 Taxation, Committee on — see Finance, Committee on. 
 
 Testimony accompanying Report of Committee on Elections on the Ash- 
 ley County contested election, 772. 
 
 Testimony accompanying Report of the Special Committee on the Peni- 
 tentiary, 774. 
 
 Thanks, Vote of — see Vote of Thanks to the President. 
 
 Thomas, Benjamin, Senator of Arkansas, 1868, 798. 
 
 Tobias, J. C, Representative in General Assembly, 1868, 798. 
 
 Toney, L. D., a contestant for a seat in the Convention for Izard County, 
 68, 69, 70, 571, 572. 
 Report of Committee on Elections on claim of, to seat, 249. 
 
 Townships and Counties, Committee on — see Counties. 
 
 Treasury of State, 75, 79. 
 
 Resolution directing State Treasurer to report account of assets 
 
 in, 75. 
 Report of Henry Page, State Treasurer, in answer to resolution 
 calling for information in regard to assets in, 79. 
 Turman, John B. C, Representative in General Assembly, 1868, 798. 
 Tyler, John, Bvt. Maj., Act'g Asst. Adj. Gen. 4th Military District. 
 Communications from: — 
 
 To Commissioners of Elections, March 2d, 1868 (expenses under 
 
 Schedule to the Constitution), 791. 
 To "W". R. Miller, March 2d, 1868 (expenses under Schedule to 
 the Constitution), 792. 
 Communication to: — 
 From Henry Page, State Treasurer, January 21st, 1868 (pay- 
 • ment of expenses of Convention), 231. 
 rCommunieations expressed as addressed to, or proceeding from, 
 
 { 973 ) 
 
GENERAL IOT)EX. 
 
 Hdqrs. 4th Military District, are indexed under District, 
 Fourth Military.] 
 
 U. 
 
 Upham, D. P., Representative in (leneral Assembly, 1868, 798. 
 
 V. 
 
 Vacancies in membership of Convention, 396. 
 
 Resolution prescribing mode of filling, 396. 
 in Boards of Codification, 737. 
 
 Eesolutiou providing for the case of resignation, death, or dis- 
 qualification, of either of the Commissioners appointed to codify 
 and arrange the laws, 737. 
 Valedictory remarks of the President, 761. 
 Vance, Enoch H., Senator of Arkansas, 1868, 798. 
 Vanhook, R. C, a delegate from Union County. 
 Election announced, 36. 
 Appeared, 45. 
 Sworn, 53. 
 36, 45, 63, 60, 61, 185, 199, 316, 471, 506, 614, 680, 685, 690, 
 
 744. 
 Explanation of vote on the Constitution, 680. 
 Remarks on : — 
 
 Continuance of Freedmen's Bureau, 471. 
 Vaughn, Benjamin, Representative in General Assembly, 1868, 797. 
 Veto Message of President XJ. S., on bill admitting State to representar 
 
 tion in Congress, 812 a. 
 Vice-President of the Convention, 700. 
 
 Resolution appointing six Vice-Presidents of the Convention, and 
 prescribing their powers and duties, 700. 
 Villages and Cities, Committee on Organization of Government of— see 
 Cities. 
 
 W. 
 
 Walker, Charles W., a delegate from Washington County. 
 Election announced, 36. 
 Appeared, 54. 
 Sworn, 54. 
 
 36, 54, 60, 166, 198,'291, 292, 361, 446, 665, 666, 680, 684, 756. 
 Resolution offered by, 166. 
 Explanation of vote on Constitution, 680. 
 Remarks on : — 
 Ashley County election, 166. 
 ( 974 ) • ' 
 
GENERAL INDEX. 
 
 Walker, Charles W. — Remarks on : — 
 
 Relief for poor of the State, 291. 
 Continuance of Freedmen's Bureau, 446. 
 "Wall, Richard E., nominated Enrolling Clerk to the Convention, 51. 
 
 elected Enrolling Clerk to the Convention, 52. 
 Weeks, George R., Testimony of, before Committee on the Penitentiary, 
 
 776. 
 Wells, D. 8., Representative in General Assembly, 1868, 798. 
 Wheeler, Stephen, Senator of Arkansas, 1868, 798. 
 White, James T., a delegate from Phillips County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 63, 61, 77, 251, 484, 501, 610, 623, 535, 682, 683, 743. 
 Resolution offered by, 251. 
 Explanation of vote on Constitution, 682. 
 Remarks on : 
 
 Report of Committee on Penitentiary, 484. 
 Intermarriage of the races, 601, 610. 
 Representative in General Assembly, 1868, 798. 
 White, Robert J. T., Secretary of State of Arkansas, 1868, 797. 
 Whitson, J. K., Representative in General Assembly, 1868, 798. 
 Wilcox, J. C, appointed Page for the Convention, 62." 
 
 Sworn, 55. 
 Williams, J. J., Representative in General Assembly, 1868, 798. 
 Williams, Parley A., a delegate for Marion County. 
 Election announced, 35. 
 Appeared, 45. 
 Sworn, 53. 
 
 35, 45, 53, 60, 61, 219, -227, 316, 474, 661, 683, 692, 700. 
 Explanation of vote on Constitution, 683. 
 Representative in General Assembly, 1868, 797. 
 
 Wilson, Ira L., a delegate from Union County. 
 Election announced, 36. 
 Appeared, 46. 
 Sworn, 53. 
 
 36, 45, 63, 60, 70, 139, 207, 216, 223, 245, 266, 259, 260, 284, 323, 
 327, 331, 344, 351, 375, 398, 445, 472, 476, 484, 505, 507, 510, 
 511, 638, 616, 681, 682, 692, 699, 709, 710, 711, 747. 
 
 Resolutions offered by, 245, 538. 
 Explanation of vote on Constitution, 681. 
 Remarks on : — 
 
 Izard County election, 70. 
 
 ( 9^5 ) 
 
GENBEAL INDEX. 
 
 Wilson, Ira L. — Remarks on : — 
 
 Pay of members and officers of Convention, 225. 
 Ashley County election, 256, 327, 331, 336. 
 Relief for poor of the State, 288. 
 Intermarriage of the races, 375, 505, 510. 
 Continuance of Freedm'en's Bureau, 432. 
 "Wilson, Ralph, Testimony of, before Committee on Penitentiary, 776. 
 Woodard, D. H., Testimony of, before Special Committee on Peniten- 
 tiary, 781. 
 "Wright, F. E., nominated Second Assistant Secretary to the Conven- 
 tion, 50. 
 Elected Second Assistant Secretary to the Conyention, 50. 
 Sworn, 55. 
 Order allowing pay and mileage for travel to and from session 
 
 of Convention, 735. 
 Resolution allowing additional compensation, 747. 
 Clerk of House of Representatives of Arkansas, 802. 
 "Wright, Joseph, a delegate from Carroll County. 
 Election announced, 34. 
 Appeared, 45. 
 Sworn, 53. 
 
 34, 45, 53, 61, 605, 665, 666, 683, 756. 
 Explanation of vote on the Constitution, 665; 683. 
 
 Wright, W. H,, Representative in General Aosembly, 1868, 798. 
 Wyatt, William W., a delegate from Eulton and Searcy Counties. 
 
 Election announced, 35. 
 
 Appeared, 45. . 
 
 Sworn, 53. 
 
 35, 45, 53, 60, 61, 147, 474, 683. 
 Explanation of vote on the Constitution, 683. 
 
 Y. 
 
 Yeas and IS'ays : — 
 
 On resolution providing for reduction of number of officers of 
 
 the Convention, and of newspapers furnished to members and 
 
 officers, 60. 
 On resolution providing that the services of officers embraced in 
 
 resolution offered by Mr. Cypert (p. 59) be dispensed with until 
 • final disposition of that resolution, 63. 
 On Izard County election, 70. 
 On Ashley County election, 135, 138. 
 On Ordinance adopting a Constitution (that of 1864), 157. 
 On Resolution providing for appointment of Commissioners to 
 
 investigate affairs of Little Rock and Fort Smith Railroad, 165. 
 (916) 
 
GENEEAL INDEX. 
 
 Yoiis and Nays : — 
 
 On Expenses of Convention, 178, 179. 
 
 On Resolution defining powers and duties of Convention, 184. 
 
 On Ordinance to provide for payment of expenses of Conven- 
 tion, 188. 
 
 Oti Ordinance declaring a Public Printer, 193. 
 
 On motion directing the reading of the Journal from a bound 
 book, 201. 
 
 On Ordinance raising revenue for the purpose of defraying ex- 
 penses of Constitutional Convention, 212, 314. 
 
 On Ordinance regulating the compensation of members and offi- 
 cers of the Constitutional Convention, 226. 
 
 On Resolution instructing Committee on Franchise to inquire 
 into the expediency of disfranchising certain classes of persons, 
 285. 
 
 On Resolution instructing Committee on Elective Franchise to 
 inquire into the expediency of disfranchising all men engaged 
 in rebellion up to July 4, 1864, 244. 
 
 On Ordinance establishing per diem of members and officers of 
 Convention, 267, 268, 272. 
 
 On Ordinance to provide for the per diem of members and offi- 
 cers of the Convention, 275, 284, 285. 
 
 On Resolution appointing Commissioners to locate County-seat 
 of Little River County, 302. 
 
 On Resolution providing for appointment of Special Committee 
 to memorialize Congress to continue Freedmen's Bureau until 
 reconstruction of State, and to report the same by Jan. 27, 
 1868, 308. * • 
 
 On Ordinance providing for the per diem and mileage of the 
 members, and the per diem of the officers of the Convention, 
 
 318. 
 
 On Ashley County "election, 343, 352, 743. 
 
 On reference to Committee on Penitentiary, of the resolution in- 
 structing Committee on Arrangement and Phraseology of the 
 Constitution, to insert in the Constitution a clause forbidding 
 solemnization of marriage between whites and Africans, 367. 
 
 On subject of intermarriage of the races, 378. 
 
 On substituting resolution instructing Committee on Constitu- 
 tion, its Arrangement and Phraseology, to insert in Constitu- 
 tion clause requiring General Assembly to enact laws to more 
 effectually prevent miscegenation ; etc., 393. 
 
 On motion to refer whole subject of intermarriage of the races 
 to Committee on Preamble and Bill of Rights, 393. 
 
 On declaring marriages of white persona with negro.es or mu- 
 lattoes illegal and void, and making it the duty of the Gene- 
 ' 62- ( 977 ) 
 
GBNBEAL INDEX. 
 
 Yeas and Ways : — 
 
 ral Assembly to enact sucli laws' as will prevent miscegenation 
 in the State, 394. 
 
 On final adjournment of Convention, 395. 
 
 On motion to lay on table motion for reconsideration of Resolu- 
 tion concerning final adjournment of Convention, 400. 
 
 On motion to lay upon the table the subject of final adjourn- 
 ment of the Convention, 409. 
 
 On adoption of substitute Eesolution on subject of final adjourn- 
 ment, 418. 
 
 On motions to adjourn, 419, 421, 473, 524, 540, 613. 
 
 On motion for recess, 420. 
 
 On Resolution instructing Committee on Ratification to report, 
 instanier, their action and duties, and for what purpose created, 
 453. 
 
 On Resolution requesting Chief of Freedmen's Bureau to fill the 
 offices with more honest and efficient men, 469. 
 
 On adoption of Report of Committee of Freedmen's Bureau, in- 
 cluding Resolution petitioning Congress to continue the same 
 until the completion of reconstruction in Arkansas, 470. 
 
 On adoption of substitute Resolution concerning intermarriage 
 of the races, 504. 
 
 On amendment of Resolution respecting intermarriage of the 
 races, 505. 
 
 On adoption of recommendation to next General Assembly to 
 enact laws effectually governing the subject of amalgamation of 
 the races, 507. 
 
 On motion for previous question on adoption of Minority Report 
 of Committee of Elective Franchise, 516. 
 
 On adoption of Minority Report of Committee of Elective Fran- 
 chise, 517. 
 
 On motion to make Report of Committee on sale of Arkansas 
 Hot Springs, order of the day for Feb. 10, 522. 
 
 On motion for adoption of Report of Committee on Sale of Ar- 
 kansas Hot Springs, and Memorial to Congress, 522. 
 
 On motion to amend Rule Ist, so that one-half, instead of two- 
 thirds, of the members of the Convention, should constitute a 
 quorum, 537. 
 
 On Resolution declaring vacant the office of Postmaster of the 
 Convention, 539. 
 
 On I^ard County election, 573, 575, 576. 
 
 On the Constitution, 614, 656, 684. 
 
 On boundaries of Little River County, 690. 
 
 On per diem and mileage, 696. 
 
 On Ordinance providing for publication of notice of time of sub- 
 ( 978 ) 
 
GENBEAL INDEX. 
 
 mission of the Constitution to the people, for ratification, 
 699. 
 On abolishing the oflice of Postmaster of the Convention, 700. 
 On revocation of certain leaves of absence, 732, 733. 
 On condition of finances of the State, 741. 
 On adoption of Report of Committee on Penitentiary, 742. 
 On an Ordinance concerning Printing [forbidding Printing for 
 the Convention, without the limits of the State], 746. 
 Yoes, Jacob, Representative in General Assembly, 1868, 797. 
 Yoest, John B., Testimony of, before Special Committee on Penitentiary, 
 
 778. 
 Young, Parsalla H., Senator of Arkansas, 1868, 797. 
 
 THE END. 
 
 ( 985 ]