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OEDIiNTA-jSTCES 
 
 OF THE 
 
 -^^ 
 
 ">•■ li 
 
 WHICH CONVENED 
 
 IN LITTLE ROCK 
 
 MAY 6. 1861 
 
 LITTLE UOGK : 
 
 JOHNSON & YERKES, STATE PRINTEKS, 
 
 18G1. 
 
Tr.-K 
 
 AN ORDINANCE 
 
 To dissolve the union 7iOw existing between the Slate of Arkansas 
 and the other states jinited with her under the compact entitled 
 " The constituliou of the United States of America.''^ 
 
 Whereas, In addition to the well founded causes of com- 
 plaint set forth by this convention, in reselutions ^.dopted on 
 the 11th March, A. D. 1861, against the sectional party now iii 
 power at Washington City, headed by Abraham Lincoln, he 
 has, in the face of resolutions passed by this convention, pledging 
 the State of Arkansas to resist to the la^t extremity any 
 attempt on the part of such power to coerce any state that had 
 seceded from the old Union, proclaimed to the world that war 
 should be waged against such states, until they should be com- 
 pelled to submit to their rule, and large forces lo accomplish 
 this, have by this same power been called out, and are now 
 being marshalled to carry out this inhuman design, and to 
 longer submit to such rule or remain in the old Union of the 
 United States, would be disgraceful and ruinous to the State 
 of Arkansas. 
 
 Therefore, we the people of the State of Arkansas, in con- 
 vention assembled, do hereby declare and ordain, and it U 
 hereby declared and ordained, that the " ordinance and accept- 
 ance of compact," passed and approved by "the General Assem- 
 bly of the State of Arkansas, on the 18th day of October, A. 
 D., 183G, whereby it was by said General Assembly ordained 
 that, by virtue of the authority vested in said General Assembly, 
 by the provisions of the ordinance adopted by the converition 
 of delegates assembled at Little Rock, for the purpose of form- 
 ing a constttution and system of government for said state, 
 
ORDINANCES OF 
 
 the propositions set forth in " an act stjpplementary to an act 
 entitled an act for the admission of the State of Arka'^sas into 
 the Union, and to provide lor the due execution of the laws of 
 the United States within the same, and for other purposes, 
 were freel}^ accepted, ratified and irrevocably confirmed articles 
 of compact and union between the State of Arkansas and the 
 United States," and all other laws and every other law and 
 ordinance, whereby the State of Arkansas became a member 
 of the Federal Union, be, and the same are hereby in all 
 respects and for every purpose herewith consistent, repealed, 
 abrogated and fully set aside; and the union now subsisting 
 between the State of Arkansas and the other states, under the 
 name of the United States of America, is hereby forever dis- 
 solved. 
 
 And we do further hereby declare and ordain, that the State 
 of Arkansas hereby resumes to herself all rights and powers 
 heretofore delegated to the government of the United Stales 
 of America — that her citizens are absolved from all allegiance 
 to said government of the United States, and that she is in full 
 possession and exercise of all the rights and sovereignty which 
 appertain to a free and independent state. 
 
 We do further ordain and declare, that all rights acquired 
 a«ud vested under the constitution of the United States of 
 America, or of any act or acts of Congress, or treaty, or under 
 any law of this state, and not incompatible with this ordinance, 
 shall remain in full force and e fleet, -in no wise altered or 
 impaired, and have the same effect as if this ordinance had 
 not been passed. 
 
 David Walkkr, President of the convention and delegate 
 from the county of Washington. 
 
 James L. Totten, Arkansas county. 
 
 Marcus L. Hawkins, Ashley county. 
 
 A. W. DiNSMORE, Benton county. 
 
 J. Gould, Bradley county. 
 
 PniL. H. Echols, Calhoun county. 
 
 W. W. Watkins, Carroll county. 
 
 Burr H. Hobbs, Carroll county. 
 
 I. H. HiLLiARD, Chicot county. 
 
TEE CONVENTION. 5 
 
 H. Flanagin, Clark count3^ 
 
 J. C. Wallace, Columbia county. 
 
 George P. Smoote, Columbia county. 
 
 S. J. Stallings, Conway county. 
 
 Jesse Turner, Crawford county. 
 
 H. F. TnoMASON, Crawford county. 
 
 Tiios. II. Bradley, Crittenden county. 
 
 RonERT T. Fuller, Dallas county. 
 
 J. P. Johnson, Desha county. 
 
 J. A. Rhodes, Drew county. 
 
 W. F. Slemons, Drew county. 
 
 W. W. Mansfield, Franklin county. 
 
 S. W. Cochran, Fulton county. 
 
 James W. Bush, Greene county. 
 
 R. K.. Garland, Hempstead county. 
 
 A. H. Carrigan, Hempstead county. 
 
 Joseph Jester, Hot Spring county. 
 
 F. W. Desha, Independence county. 
 
 Urban E. Fort, Independence county. 
 
 M. Shelby Kennard, Independence county. 
 
 Alex. Adams, Izard county. 
 
 J. H. Patterson, Jackson county. 
 
 Jas. Yell, Jefferson county. 
 
 W. P. Grace, Jefferson county. 
 
 Wm. W. Floyd, Johnson county. 
 
 Felix I. Batson, Johnson county. 
 
 Wiley P. Cryer, Lafayette county. 
 
 Samuel Robtnson, Lawrence counf5\ 
 
 Milton D. Baker, Lawrence county. 
 
 II. II. BoLiNGER, Madison county. 
 
 Thos. F. Austin, Marion county. 
 
 Felix R. Lanier, Mississippi county. 
 
 Wm. M. Mayo, Monroe county. 
 
 Alexander M. Clingman, JMontgomery county. 
 
 Isaiah Dodson, Newton county. 
 
 A. W. IIoBsoN, Ouachita county. 
 
 L. D. Hill, IVrry county. 
 
 383503 
 
6 ORDINANCES OF 
 
 Thomas B. IIaxly, Phillips eounty. 
 Chas. W. Adams, Phillips county. 
 Samuek Keli-ey, Pike county, 
 Archibald Ray, Polk county. 
 William Stout, Pope county. 
 Benjamin C. Totten, Prairie county. 
 J. Still\vell, Pulaski county. 
 A. H. Garland, Pulaski county. 
 James W. Crenshaw, Randolph county. 
 J. M. Smith, Saline county. 
 E. T. Walker, Scott county. 
 Saml. L. Griffith, Sebastian county. 
 W. M. FisHBACK, Sebastian coontj'. 
 Benj. F. Hawkins, Sevier county. 
 Jas. S. Dollarhide, Sevier county. 
 J. N. Shelton, St. Francis county. 
 G. W. Laughinghouse, St. Francis county. 
 H. BussEY, Union eounty. 
 Wm. V. Tatum; Union county.- 
 J. Henry Patterson, Van Buren county. 
 John P. A. Parks, Washington county. 
 T. M. GuNTER, Washington county. 
 James H. Stirman, Washington county. 
 Jesse N. Cypert, White county. 
 W. H. Spivey, Yell county. 
 
 Adopted and passed in open convention, on the sixth day of 
 May, Anno Domini, 18G1. 
 Attest: 
 
 Euas C. BouDiNOT, Secretary 
 
 of (he A7-ka7isas Stale Convention. 
 
THE CONVENTION. 
 
 AN ORDINANCE providing for the sig7iing of the ordinance 
 passed on i/esicrday, dissolving the political connection thereto- 
 fore existing between the Stai'e of Arkaiisas and the govtrn- 
 intnt known as " The United States of AmcricaS'' 
 
 We, the people of the State of Arkansas, now in convention 
 assembled, do hereby ordain, and it is hereby ordained, that 
 the ordinance adopted by this c6nvention on yesterday, dissolv- 
 ing the political connection theretofore existing between the 
 State of Arkansas and the government known as the " United 
 States of America," be signed by the president and attested by 
 the secretary of this convention, and be also signed by the 
 individual members of this convention, and that in signing the 
 same, ihere shall be a call of the counties of the state in 
 alphabetical order, and the delegates of each county shall sign 
 the same as their respective counties shall be called by the 
 secretary. 
 
 Adopted and passed in open convention, May 7th, A. D., 
 1861. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention. 
 Attest: 
 
 Elias C. Boudinot, Secret anj 
 
 of tlie Convention. 
 
 AN ORDINANCE to appropriate money to advance to volunteers 
 for the use of the Confederate Troops. 
 
 Be it ordained by the people of the State of Arkansas in Con- 
 vention assembled, That ten thousand dollars be appropriated, 
 out of any money in the treasury unappropriated, to be paid 
 to the colonel of the regiment of volunteers now being organ- 
 ized in the State of Arkansas for the Confederate States, and to 
 
8 ORDINANCES OF 
 
 be by him advanced to said volunteers iii sums of twelve dol- 
 lar3 to each private and non-commissioned officer. 
 
 Be it furl/tcr ordained, That said sum shall be advanced as 
 a loan, and be repaid by said volunteers out of the first pay- 
 ment made to said volunteers by the Confederate States, and 
 the colonel of said regiment is hereby made an agent to collect 
 and transmit the same to the treasurer of this state. 
 
 Be it further ordained, That upon the receipt of said sum of 
 money by the' colonel of said regiment, he shall execute a 
 receipt, acknowledging the same and engaging to use all 
 reasonable exertions to collect from said volunteers the said 
 .sum of money and pay it into the state treasury. 
 
 Be it further ordained, That the said colonel shall take 
 receipts from said troops for said sums advanced, promising to 
 refund the same out of the firrt payments as aforesaid. 
 
 Adopted in and by the convention on the 8th day of May, 
 A. D., 18G1. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention. 
 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Convention. 
 
 A RESOLUTION in (reference to money in the hands of the 
 superintend eni of hidian affairs and Indian agents. 
 
 Resolved, That no money or property of any kind whatever, 
 now in the hands of the superintendent of Indian affairs, or 
 of any Indian agent, being placed there or designed for the 
 Indians on the western frontier of Arkansas, shall be seized, 
 but that the same shall so remain to be applied for and to the 
 use of the several Indian Nations, faithfully, as was designed 
 
THE CONVENTION. 9 
 
 when so placed in their hands for disbursement; and the people 
 of the State of Arkansas, here in sovereign convention assem- 
 bled, do hereby pledge the sovereignty of the State of Arkan- 
 sas, that everything in their power shall be done to compel a 
 faithful application of all money and property now in the 
 hands of persons or agents designed and intended for the sev- 
 eral Indian tribes west of Arkansas. 
 
 Adopted in and by the convention, May 9th, 1861. 
 DAVID WALKER, President 
 
 of Hie Arkansas State Convention. 
 Attest: 
 
 Ei.tAS C. BouDiNOT, Secretary 
 
 of the Convention. 
 
 , -4^^/>-»*^^* 
 
 AN ORDINANCE to authorize Vte governor to cominission certain 
 military officers, and for other jmrposts. 
 
 Be it ordained by the people nf the Stale of Arkansas in Conven- 
 tion assembled, That the governor of the State of Arkansas ie 
 hereby authorized to commission all the officers elected for the 
 volunteer regiment No. 1, without regard to any law of the 
 State of Arkansas concerning elections, upon the presentation 
 to him of the names of said officers and their grades of office, 
 and so soon as they are commissioned, he will tender said regi- 
 ment to the president of the Confederate States, to be employed 
 under his command as a regiment of the Confederate States. 
 Adopted in and by the convention, May 9th, 1801. 
 DAVID WALKER, President 
 
 of the Arkansas State Convcnlion. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Convention. 
 
10 ORDINANCES OF 
 
 A RESOLUTION for the election and commission of njfictrs for 
 the ifiililanj com-panits now at Hsptficld. 
 
 Be it resolved by the people of Arkansas in convention assembled, 
 That the officers and private soldiers of the several volunteer 
 companies now at or near Hopefield, in the service of the 
 state, shall be, and they are kercby authorized to form them- 
 selves into a regiment, to be called the second regiment of 
 Arkansas volunteers, and to elect therefor, one colonel, one 
 lieutcnant-cclonel, and one major, which election shall beheld 
 by such persons as the captains of companies shall select, and 
 ^^hall be certified to the governor, who shall immediately issue 
 commissions to the officers elected, as well as to the various 
 officers of the line of such regiment. 
 
 And the colonel of such regiment shall appoint his own 
 staff-officers, including one surgeon and an assistant surgeon. 
 
 Adopted and passed by and in the convention. May 9th, 
 ISGl. 
 
 DAVJD WALKER, President 
 
 of the Arkansas State Convention. 
 
 Attest: 
 
 Eli AS C. Boudinot, Secretary 
 
 of the Convention. 
 
 AN ORDINANCE to adopt the Provisional Constitution of the 
 Confederate States of America. 
 
 Section 1. Be it ordaincdhythe people of Arkansas in Conven- 
 tion assembled. That the Constitution of the Confederate States 
 of America, made and adopted at Montgomery, in the State of 
 Alabama, by the deputies of the States of South Carolina, 
 Georgia, Florida, Alabama, Mississippi and Louisiana, and 
 
THE CONVENTION. 11 
 
 afterwards adopted by the people of the State of Texas, for the 
 provisional government of the states adopting the same, and 
 all ordinances, laws passed, and acts done, not locally inappli' 
 cable, in pursuance thereof, shall be, and the same are hereby 
 ratified and adopted by the people of Arkansas, and declared 
 to be in full force and effect within this state. 
 
 Sec. 2. Be it furlhcr ordained, That five delegates, to be 
 elected by this convention, shall be, and they are hereby con- 
 stituted and appointed -the deputies of Arkansas, to the Provi- 
 sional Congress of the Confederate States of America, with all 
 the powers and authority vested in the deputies of other states 
 in said Congress. 
 
 Sec. 3.' Be it fui-ther ordained, That it shall be the duty of 
 the secretary of this convention, to furnish said deputies with 
 a copy of the ordinance passed on the 6th day of May, A. D. 
 18G1, by this convention, dissolving th^ political connection 
 between the State of Arkansas and the government of the 
 United States of America, and also a copy of this ordinance, 
 which said copies shall be signed by the president, and attested 
 by the secretary of this convention. 
 
 Sec. 4. Be it further ordained, That this ordinance take effect 
 and be in force within the limits, and over the State of Arkan- 
 sas, as soon as the Congress of the Confederate States of Ame- 
 'rica shall admit this state into the confederacy thereof, upon 
 terms of equality with the other states thereof. 
 
 Adopted, and passed in the convention, May 10th, A.D. 18G1. 
 DAVID WALKER, President 
 
 of the Arkansas State Convention. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Convention. 
 
12 . OIlDIKA^XES OF 
 
 AN ORDINANCE to author'nc the Icrj/ of a tax for inilitary and 
 
 other purposes. 
 
 Be it ordained by the people of the Slate of Arkansas in Conven- 
 tion assembled, That the county court of any county in this 
 state, may levy and collect a tax on all the objects of taxation 
 for state purposes, for a military defence, and such other pur- 
 poses as they may deem necessary, for the protection of their 
 respective counties; Provided, That said tax, so assessed, shall 
 not, in any one year, exceed one-fourth of one per centum on 
 the assessed value of said property, and that such courts may 
 appropriate the internal improvement fund, and all other funds 
 of their respective counties, except school funds, for the pur- 
 poses aforesaid. 
 
 Be it furllter ordained, That when any county court shall 
 deem it expedient to levy any tax, or appropriate any county 
 fund for the purposes aforesaid, it shall be the duty of such 
 county court, or the judge thereof, to direct the sheriff to notify 
 each justice, in writing, by personal service, or by leaving a 
 copy of such notice at the usual place of abode of such justice, 
 that such tax will be levied, and appropriation made at the 
 next term of said court, and if such justices do not attend, then 
 the justices that do attend, may, by a vote of the majority, levy 
 such tax, and make such appropriations, as aforesaid. 
 
 JJc it further ordained, That this ordinance be subject to 
 repeal, cither in whole, or in part, by legislative enactment. 
 
 Adopted in, and by the convention, May 11th, 1861. 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 Eli AS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convcnlion. 
 
THE CONVENTION. ' 13 
 
 Resolved, That the writ of habeas corpus be suspended, as 
 far as regards convicts in the penitentiary of this state, and all 
 other prisoners confined under the laws of the United States? 
 until this convention shall otherwise direct, and that the keeper 
 of the penitentiary, and also all other keepers of prisons in this 
 state, are hereby ordered to retain such of the convicts and 
 prisoneris as yet have unexpired time to serve, until this con- 
 vention shall order otherwise, or their times expire. 
 
 Resolved, That this suspension of the writ of habeas corpus 
 is intended only to apply to those convicts confined m the peni- 
 tentiary, and other persons held in custody by authority of the 
 United States. 
 
 Adopted in, and by the convention, May 13th, A. D., ISGl. 
 DAA'ID WALKER, President 
 
 of the Slate Convention of Arkansas. 
 Attest: 
 
 Elias C BouDixoT, Secrcfar)/ of 
 
 the Arkansas State Coni^cntion. 
 
 AN ORDINANCE appropriating the domain, public lands and 
 other propertTj which belonged to the government of the United 
 States in this state, on the sixth dnij of May, A. D., ISCl, and 
 for other purposes. 
 
 1. Be it ordained by the people of the State of Arkansas in 
 convention assembled, That the domain, public lands and other 
 pj'operty which belonged to, and vested in the government of 
 the United States, situate in this state, on the sixth day of May, 
 A. D., 18G1, be, and the same are hcrftby appropriated to the 
 State of Arkansas, as the donsain, public lands and property of 
 said state, to be hereafter disposed of, applied and appropriated 
 as the other domain, public lands and property of this state, 
 
14 ^ OKDINANCES OF 
 
 hereby declaring that all the right, title and claim which here- 
 tofore vested in the said government of the United States ot', 
 in and to 8aid domain, public lands and other property now 
 vest in, and belong to the State of Arkansas, subject to be 
 disposed of as may be hereafter provided by this convention or 
 the General Assembly of this state; saving, however, those who 
 may have acquired any rights under the laws heretofore exist- 
 ing, all such rights. 
 
 '2. J)C it further ordained, That the deputies or delegates 
 who have heretofore been elected by this convention to the 
 Provisional Congress of the Confederate States of America, be, 
 and ihcy are hereby instructed and commissioned, and for that 
 purpose they are hereby clothed with full power and authority, 
 to cede, convey or transfer to the government of the Confeder- 
 ate States of America, the following grounds, lands and pro- 
 perty, situate in the State of Arkansas, for the use and benetit 
 of said Confederate States of Am.erica, that is to say: twenty 
 acres, including the buildings of the grounds and lands attached 
 and belonging to the fort, known as Fort Smith, in Sebastian 
 county, and all the houses, buildings and appurtenances thereon 
 situate; also, the grounds and lands attached and belonging to 
 the arsenal, situate in the city .of Little Rock, and all the houses, 
 })uilding3 and appurtenances thereon situate; and, also, the 
 grounds and lands attached and belong to the hospital in the 
 city of Napoleon, in Desha county, and all the houses, build- 
 ings and appurtenances thereon situate; Provided, hovxvcr, 
 That said Ibrt, arsenal and hospital shall be considered neces- 
 sary or useful for national purposes; And jyrovided also, That 
 sai i government of the Confederate States of America, shall 
 receive and admit this state into the government of the Con- 
 fcda-ate States upon the same terms that all the other states 
 have been received into said Confederacy, and with all the 
 powers, privileges and immunities belonging and pertaining to 
 the same and each of them; And provided also, That the said 
 fort, arsenal and hospital shall be continued to be used for 
 public purposes and national objects; And provided also, That 
 the said government of the Confederate States of America 
 
THE CONVENTION. 15 
 
 shall forever and at all times receive into the said arsenal and 
 safely keep any and all state arms which may be there deposited, 
 free of cost and expense to this state, and shall also receive 
 and store into the magazine attached to said arsenal, any and 
 all powder or munitions of war tendered for that purpose by 
 this state, without cost or expense. 
 
 3. Be it further ordained, That the deputies or delegates 
 afwesaid be, and they are hereby limited and restricted in their 
 powers as such deputies or delegates, as far as may pertain to 
 their power of cession in the name of this state, to the power 
 of making cession of the above and beforeherein described 
 grounds, lands and property, and none other whatever, and 
 the power hereby conferred upon said deputies or delegates, is 
 confided to them to be exercised or not, in their discretion. 
 
 4. Be it further ordained, That if the deputies or delegates 
 aforesaid shall think it expedient or proper to cede to the gov- 
 ernment of the Confederate States of America, the grounds, 
 lands and property'' aforesaid, and the same are accepted by 
 the said Confederate States, then and in that event, the said 
 government of the Confederate States of America shall exer- 
 cise the same jurisdiction over the said grounds, lands and pro- 
 perty so to be ceded, that the government of the United States 
 of America had exercised and held over the same under the 
 acts of Congress of the United States, and those of the General 
 Assembly of this state. 
 
 Adopted and passed in and by the convention, on the eleventh 
 day of May, A. D., 18G1. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention. 
 Attest: 
 
 Elias C. BouDixoT, Secretary 
 
 of the Convention. 
 
16 ORDINANCES OP 
 
 AN ORDINANCE for raising and equipping a military force in 
 the nortli-u-cstcrn and norlh-castcrn portions of the state for the 
 iiiiiiuiHaic protection of those frontiers. 
 
 Whereas, our frontiers are threatened with immediate inva- 
 sion by the forces of the United States; therefore, 
 
 Jjc it ord'iincd by the ptople of Arkmisas now in Convention 
 assembled, That there shall be elected, forthwith, one brigadier 
 general for the first division of the state, and that there shall 
 also be elected, one brigadier general for the second division of 
 the state, \vho shall, respectively, rank any militia officers of 
 said divisions, and who shall constitute two of such officers as 
 may be elected by this convention, for the army of this state, 
 and subject to any military board that may be hereafter organ- 
 ized, and to their superior oificers, and to be out-ranked by any 
 general officer who may be appointed by the Confederate 
 States, and the president of this convention is hereby author- 
 ized to issue commissions to said officers in the name of the 
 State of Arkansas. 
 
 Sec. 2. Be it further ordained, That such brigadier general 
 for the first division, shall proceed to organize, as speedily and 
 perfectly as possible, the volunteer forces of the western por- 
 tion of our state, and put the same under drill, subject to be 
 called out at such times as necessity may require, and all mili- 
 tary operations on the western frontier are hereby made sub- 
 ject to the authority of said officer, until a permanent £=!ystem is 
 adopted, and that the brigadier general for the second division 
 shall proceed to organize the volunteer forces of that portion of 
 the state under his command, and put the same under drill in 
 like manner, and have the same control of militar}' operations 
 in said division. 
 
 Sec. 3. Be it further ordained, That such officers shall not 
 muster into tlie service sfuch military forees without the order of 
 i?uch military board, as may hei'eafter be organized, or othe>r 
 competent authority, except i/i case of actual emergency, in 
 which event they may place, on active service, such force as 
 they may deem urgently necessary, and report the same, forth- 
 
THE CONVENTION. 17 
 
 with to the military board, or to the proper officer, with a state- 
 ment of the facts in the case, and the number and kind of 
 troops so placed in active service. 
 
 Sec. 4. Be it fur/her ordained, That two thousand and five 
 hundred stand of arms, out of such as may be in charge of the 
 state authorities, to be selected by the special committee of this 
 convention, heretofore appointed to examine the arms in the 
 arsenal, at Little Rock, together with all accoutrements, muni- 
 tions and other things deemed necessary by said committee, 
 and also one complete battery, consisting of six pieces of artil- 
 lery, with all necessarj^ accompaniments, be immediately placed 
 at the command of the brigadier general for each division, for 
 •the earliest possible transportation to the frontiers, and the 
 governor, or officer in charge, be, and he is hereby required to 
 deliver the same, taking receipts therefor, and that the proper 
 commissary officer turn over to said brigadier generals, on their 
 requisition, such subsistence stofes as may be necessary for the 
 present emergency, out of any supplies now on hand at the 
 arsenal, or elsewhere, not otherwise appropriated, taking 
 receipts therefor. 
 
 Sec. 5. Be it further ordained, That the sum of twenty thou- 
 sand dollars, that is to say, ten thousand dollars to each of said 
 divisions be, and the same is hereby appropriated, for the pur- 
 pose of defraying all necessary expenses of such military ope- 
 rations on the frontiers, and the state treasurer is hereby ordered 
 to turn over such money, on the warrant of the president of 
 this convention, to such brigadiers, who shall make faithful 
 reports of all expenditures, with vouchers therefor, to the mili- 
 tary board or other competent authority. 
 
 Adopted, and passed by the convention. May 13th, 18G1. 
 DAVID WALKER, President 
 
 of the Slate Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas Stale Convention. 
 
18 ORDINANCES OF 
 
 AN ORDINANCE in relation to the records of tlie late district 
 court of Iht United Slates for the iccstcrn district of Arkansas. 
 
 Be it ordained by the people of the State of Arkansas in conven- 
 tion assemilcd, That the records, papers, files, and everything 
 pertaining to the office of the late clerk of the district court of 
 the United States, for the western district of Arkansas, lately 
 seized by order of brigadier general Burrow, be, and the same 
 are hereby ordered to be delivered into the care and custody of 
 John B. Ogden, esquire, late clerk of said district court, sub- 
 ject 10 the further order of this convention, and that the late 
 clerk of the district court for the eastern district of Arkansas, 
 retain the custody of the books and papers of his office, subject 
 in like manner. 
 
 Adopted, in and by the convention, May 13th, 1861. 
 DAVID WALKER, President 
 
 of th^ State Convention of Arkansas, 
 Attest: 
 
 EuAS C. BouDixoT, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE /or the relief of General James Yell. 
 
 Gen. Yell, commander at Hopefield, borrowed from General 
 Thomas II. Bradley, at Memphis, the sum of five thousand 
 dollars for the troops of Arkansas, at Hopefield, and said sum 
 was placed at the command of the paymaster of said troops, 
 at the Planters' Bank in Memphis; therefore 
 
 Be it ordained by the people of the Stale of Arkansas, That 
 Gen. James Yell is hereby authorized to draw his draft on the 
 auditor for five thousand dollars, out of the money heretofore 
 appropriated by ordinance to and in* favor of the Brigadier 
 
THe CONVENTION. 19 
 
 General of the second division of Arkansas; and the auditor 
 iri authorized to draw upon the treasurer for said amount. 
 Adopted in and by the convention, May 13th, 18G1. 
 DAVID WALKER, President 
 
 of the Arkaiisas Slate Convention. ^ 
 Attest: 
 
 , Elias C. Boudinot, Secretary 
 
 of the Ai-kansas State Convention. 
 
 RESOLUTIONS in relation to the election of officers by volunteer 
 
 companies. 
 
 V^^hereas, The militia of the county of Perry, in tKe State 
 of Arkansas, is in a disorganized condition, by having at present 
 no colonel; therefore 
 
 Resolved, That volunteer companies in said county be, and 
 they are hereby authorized to organize by electing officers, and 
 ■ the governor is hereby authorized to commission the same in 
 the usual way. 
 
 Resolved, That the provisions of the foregoing section b« 
 
 applied to the county of Prairie, and such other couMties as 
 
 may have volunteers who may choose to accept its provisions. 
 
 Adopted in and by the convention, on the 14th day of Ma}». 
 
 A. D., 1861. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention. 
 Attest: 
 
 Emas C. Boudinot, Secretary 
 
 of the Convention. 
 
20 ORDINA^X'ES OF 
 
 AN OIIDIXANCE to create a Military Board for Hit State of 
 
 Arkansas. 
 
 Section 1. Be it ordained by the people of tht Stale of Arkansas 
 .in convention assembled, That by this ordinan-ce there shall be 
 created an executive military board, to consist of the governor 
 and two advisers, citizens of this state, which advisers shall be 
 elected by this convention, whose duty it shall be to act and 
 consult together in all matters appertaining to the general- 
 military defence of the state; said advisers to receive the sum 
 of five dollars per day, while actually employed in such service. 
 Sec. 2. The board shall employ a competent secretary,' who 
 shall keep a true and perfect record of its proceedings, and the 
 expenses of the military department of the state, and the sec- 
 retary of the board shall keep his office at Little Rock, and 
 shall be paid such compensation as the military board shall 
 allow him, and order the same to be paid out of the state trea- 
 sury; t?ie meetings of said board shall be held at LitEle Rock, 
 unless otherwise specially ordered. 
 
 Sec. 3, Said military board shall have full power to call out 
 the militia and volunteer forces of the state to the extent neces- 
 sary for its protection and security, and to draw orders on the 
 auditor, to be paid by the treasurer, out of such moneys as may 
 be appropriated for military purposes; to manage and control 
 the forts, arms and munitions of war belonging to or in posses- 
 sion of the state, either by oi-iginal right or confiscation, and 
 any and all property belonging now or hereafter, to the niiilitary 
 •department of this government; they shall have power to put 
 on foot such military expeditions as in their opinion circum- 
 stances and necessity may require, subject to the provisions of 
 such laws or ordinances as may be hereafter passed or enacted 
 by this convention, or the General Assembly of this state; and 
 in all things, take charge of, and be responsible for the, safety 
 and protection of Arkansas, until such time as ihe authority of 
 the Confederate States of America shall be extended over it; 
 after which, it shall act in aid of and auxiliav}' to said Confed- 
 erate authority. 
 
THE CONVENTION. • 21 
 
 Sec. 4. The board may order the trial of general officers by 
 courts-martial, when charges of a character warranting it shall 
 be preferred against them; said court shall consist of from five 
 to nine officers of the highest rank that can be assembled f«r 
 that purpose, without manifest injury to the service; the court 
 shall keep a record of its proceedings, which shall be laid before 
 the board for final action; all the militia officers, whether in 
 service or not, are hereby made subordinate to this board. 
 
 Sec. 5. The board shall be governed in all things by the 
 rules and articles of war and laws, as they now exist in the 
 government of. the Confederate States of America, and the 
 laws of the State of Arkansas, where their duties are not 
 specified in this ordinance; but any thing in the state constitu- 
 tion and all laws of this state inconsistent and in conflict with 
 this ordinance, are hereby suspended .during the operation of 
 this ordinance. 
 
 Sec. G. The governor or either of such advisers ma^ call a 
 meeting of the board, and two of the members of such board 
 shall constitute a quorum; the governor, when present, shall be 
 the presiding officer at the meetings of said board, and in all 
 matters by this ordinance entrusted to them, a majority of 
 those present shall rule, and in case of a vacancy by death, 
 resignation or otherwise, the governor and remaining adviser 
 shall take to their assistance the auditor of this state, and by a 
 majority vote, elect a successor. 
 
 Sec. 7. The sum of two millions of dollars is hereby appro- 
 priated for military purposes, to be paid by the treasurer of the 
 state, out of any moneys in the treasury, or any moneys that 
 may come into the treasury not now specially appropriated for 
 other purposes. 
 
 Sec. 8. The two advisers in the military board herein .pro- 
 vided for, after their election, shall be commissioned by the 
 president of this convention; and said advisers are hereby 
 required to take such oath of office as this convention shall 
 require and prescribe; and this ordinance shall continue in full 
 force until the end of the war and no longer; and should the 
 war continue until after the term of oflice of the present gov 
 
22 . ORDINANCES OF 
 
 ernor shall rxpirc by constitutional limitation, then and, in that 
 event, the two advisers herein provided for, shall be elected by 
 the people at the eamc time the next governor shall be elected. 
 Sec. 9. Should the war continue beyond the constitutional 
 term of oflice of the present governor, and it shall be neces- 
 sary to continue the said adviser.s in office, and election is made 
 of succe;;sors of advisers, the said successors shall hold their 
 office for the full time of four years, and until their successors 
 are elected and qualified, as hereinbefore provided for, and so 
 on at every four years thereafter, until the war is concluded. 
 
 Sj:c. 10. This ordinance shall take effect and be in force from 
 and after its passage. 
 
 Adopted and passed in and by the convention, on tlic 15th 
 day of May, A. D., 1861. 
 
 DAVID WALKER, President 
 
 of the Arkansas Stale Cojjvejif.ion. 
 Attes^ 
 
 Elias C. Boudinot, Secretary 
 
 of the Corivcnlion. 
 
 ■g> ■* * -^^ t^^ »i*-gBn»M - 
 
 ^ AN ORDINANCE for the relief of Maj. R. C. Gatlin, . 
 
 Whereas, Major R. C. Gatlin, of the United States army, 
 while on a recent visit to his friends at Fort Siiiith, was arrested 
 and made a prisoner of war by the authoriti€s of the State of 
 Arkansas, and released on parole; and ichercas, Major Gatlin 
 is represented to be a true and loyal son of the South, ready 
 and anxious to resign his position in the United States army, 
 and to embark in the service of the Confederate States of 
 America, but is unable to do so, until relieved from his situa- 
 tion as a prisoner of war; 
 
THE CONVENTION. . 23 
 
 Be it therefore ordained by the people of the Stale of Arkansas 
 in Convention assembled, That the said Major R. C. Gatlin be, 
 and he is hereby released from said arrest and imprisonment^ 
 and absolved from all the liabilities and obligations incident 
 thereto, and restored to his freedom as fully, in all respects, as 
 if said arrest had never been made. 
 
 Adopted, and passed in and by the convention, on the 17th 
 •day of May, A. D. 18G1. 
 
 DAVID WALKER, President of the 
 
 Convention of the Slate of Arkansas. 
 Attest: 
 
 Eli\s C. Boudinot, Secretarxj 
 
 of the Arkansas State Convention. . 
 
 AN ORDINANCE for the relief of John D. Adams. 
 
 Be it ordained by the people of the Slate of Arkansas in Conven- 
 tion assembled, That all the steamboats, either commanded or 
 owned, in whole or in part, by John D. Adams, a citizen of the 
 county of Pulaski, in the State of Arkansas, be, and the same 
 are hereby made exempt from all and every kind of seizure or 
 confiscation, by any person or J)ersons whatever, and that said 
 Adams shall not be nlolested in the enjoyment of the use of hia 
 boats by any person or authority of this state. 
 
 Adopted, and passed in and by the convention, May 18th, A. 
 D. 1861. 
 
 DAVID WALKER, President of the 
 Convention of the State of Arkansas. 
 Attest: 
 
 Eli AS C. Boudinot, Secretary 
 
 of the State Convention of Arkansas. 
 
24 . ORDINANCES OP 
 
 AN ORDINANCE concerning sales by sherifs or constables for 
 the collection of debts. 
 
 Section 1. JJc it ordained hy the people of the State of Arkansas 
 in Convention assembled^ That all sales by sherifls or consta- 
 bles, for the collection of debts, are hereby suspended until the 
 further action of this convention in relation thereto. 
 
 Sec. 2. I^e it further ordained, That all bonds for the deliverj* 
 of property, levied on by execution, shall be returnaBle in 
 accordance with, and, in all things, be subject to the laws now 
 in force. 
 
 Sec. 3. Be it further ordained, That this ordinance shall be 
 published in the Little Rock True Democrat and the Gazette, 
 uud take effect from and after its passage. 
 
 Adopted, and passed in and by the convention, on the. 20th 
 day. of May, A. D. 18G1. 
 
 DAVID WALKER, President 
 
 of the Slate Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudixot, Secretary of 
 
 the Arkansas State Convention. 
 
 An ordinance for the organization of an efficient military 
 corps for active service, and for the election of certain officei's. 
 
 Section 1. Be it ordained by the people of the State of Arkan- 
 sas in convention assembled, That there shall be established, an 
 efficient military corps of the State of Arkansas, for war and 
 active service, which "corps shall be under the control of one 
 major general, 'and the two brigadier generals, heretofore 
 elected by this convention; the said major general to be elected 
 by this convention, and commissioned by the president thereof, 
 
THE .CONVENTION. 25 
 
 who shall hold their offices during ^ood behavior, or until they 
 are found incompetent. The major general shall rank above 
 all military officers of the state, and shall have po\vcr, when 
 Mecessaiy, to control them, and even to bring them into actual 
 fl'ervice of the state, when ordered to do so by the military 
 board, heretofore created. The major general shall have for 
 his staff, one adjutant general, one quartermaster general, one 
 commissary general, one judge advocate; one surgeon general, 
 and such aids-de-camp, during actual service, as he may see 
 propel' to appoint, all of whom shall r^nk as lieutenant colonels 
 of cavalry; Provided, That neither the major general, or any 
 member of his staff shall receive pay unless in actual service, 
 by order of the military board. 
 
 Sec. 2. The state shall remain dividcfl as it is now, into two 
 divisions, first and second. The brigadier general^, heretofore 
 elected for each of said divisions, shall have command of said 
 divisions, under the direction of the military board and major 
 general; shall rank above, and have control, when necessary, 
 of all brigadier generals in their respective divisions, and shall 
 have power to appoint such staff as the major general, except 
 that each shall appoint but two aids-de-camp, who shall rank 
 as majors of cavalry. • 
 
 Sec. 3. The two brigadier generals elected, respectively, for 
 the first and second divisions of the state of Arkansas, under 
 the provisions of the ordinance adopted May 13th, A. D. 18G1, 
 heretofore commissioned as such, are hereby recognized as the 
 brigadier generals provided for by the first section of this ordi- 
 nance. 
 
 Sec. 4. Each regiment of militia, or drafted infantry, called 
 into service, shall have one colonel, one lieutenant colonel and 
 one major. The colonel shall have power to appoint one adju- 
 tant, one sergeant major, one quartermaster, one commissary, 
 one surgeon, and one drum and one fife major. 
 
 Sec. 5. The colonels, lieutenant colonels and majors shall be 
 elected by the commissioned officers of the several companies, 
 at such time and place, and in such manner as the military 
 board, major general, or brigadier general of the respective 
 
26 ORDIXANCES- OF 
 
 division phall designate. The person appointed to hold said 
 election t^hall certif}' the result of the same to the military 
 board, and the governor shall issue commissions to the oflicers 
 cicdted. 
 
 Sec. G. a regiment for active service, shall conshst of not less 
 than si.\, nor more than ten companies. A battalion shall con- 
 sist of not less than three, nor more than five companies. Each 
 volunteer, or drafted compan}' shall consist of not less than 
 sixfy-four, and not more than ninety-six men; and shall have 
 one captain, one first, one second, and one third lieutenant^ said 
 oflicers shall be elected by the privates, &s now prescribed by 
 lav/. The captain shall appoint such number of non-commis- 
 sioned olTicers as shall be necessary to the company. 
 
 Si:c. 7. Each volunteer cavalry regiment shall consist of the 
 same number of companies and officers as regiments of infan- 
 try, and the provisions of sections four, five and six, shall, in all 
 things, apply to regiments of cavalry. 
 
 Sec. 8. Each artillery regiment shall consist of the same 
 number of companies as a regiment ®f infantry or cavalry. 
 The oflicers shall be one colonel, (ine lieutenant colonel, and 
 one major, who shall be elected according to the provisions of 
 section five of this ordinance. Th<? coljOnel shall be chief of 
 engineers and artillery, and the major chief of ordnance. The 
 colonel shall have like staff as thecolonelof infantry. All the 
 aforesaid officers and privates shall, when engaged in actual 
 service, receive the same pay and emoluments as officers of the 
 same rank and privates receive in the service of the Confede- 
 rate States of America. 
 
 Si:c. 9. The major general shall have power to appoint one 
 chief engineer in each division, with the jank of colonel of 
 infantry, if it should become necessary. 
 
 Seu. 10. All volunteers now in service, shall be deemed as 
 having volunteered for one year from the day they entered the 
 service, unless sooner discharged; Provided, nevertheless, That 
 such volunteers as may have volunteered, and been accepted 
 into service, for a shorter period than twelve months, shall be 
 entitled to a discharge at the end of the time for which they 
 
THE CONVENTION. 27 
 
 volunteered. All persons to be hereafter enlisted or drafted, 
 shall be hereafter enlisted or drafted lor a period to be hereai- 
 ter designated by the military board. 
 
 Sec. 11. In case it shall be necessary to make a draft from 
 the militia, to obtain the required nuBiber ol troops for service 
 under this ordinance, or any other ordinance v/hich has been, 
 or may hereafter be adopted, the military board, heretolore 
 created, shall have the power to proscribe the manner and 
 mode in which said draft shall be made. 
 
 Sec. 12. Anything in the constitution of the S^te of Arkan- 
 sas, and all laws of this state, inconsistent, or in conflict, with 
 any of the provisions of this ordinance, are hereby suspended 
 during the operation of this ordinance. 
 
 Sec. 13. Nothing in this ordinance, or in any other ordinance 
 passed by this convention, or in any law, or the constitution of 
 this state, shall authorize the employment of an armed force in 
 the actual service of this state, unless it shall be to meet an 
 emergenc)', which shall be so urgent as to preclude provision 
 being made for- it by the Confederate States of America, so long 
 as this state shall be a member of the same; or to provide an 
 essential defence when the Confederate States shall neglect or 
 refuse to provide for it; or to suppress an insurrection, or to 
 repel an invasion. 
 
 Sec. 14. There shall not be any limitation of the number of 
 volunteer companies in any county in this state, and the gov- 
 ernor shall issue commissions to the oflicers of all volunteer 
 companies organized in this state. Said companies shall 
 remain under the authority and command of the respective 
 field ofiicers of the county or regiment to which they J^elong, 
 but shall be authorized to form themselves into separate regi- 
 ments and battalions, and when called into actual service shal^ 
 elect their field* officers as hereinbefore provided, up to the 
 grade of colonel, inclusive, without regard to tJic particular 
 brigade or division from which thuy came. 
 
 Sec. 15. This ordinance shall take eflect and be in force from 
 and after its passage, shall only continue in force for and during 
 the war, after which it shall be subject to repeal by the General 
 Assembly of the State of Arkansas. 
 
28 ORDINANCES OF 
 
 Adopted, and passed in and by the convention, on the 20th 
 day of ^'^lay, 18G1. 
 
 DAVID WALKER, President 
 
 of the Slale Convention of Arkansas. 
 
 Ei.iAS C. BouDiNOT, Secretary 
 
 of the Arkansas Slate Convention. 
 
 AX ORDINANCE prescriblnrr an oath to he taken by all miliiari/ 
 and civil officers in the service of this slate, and for other pjxr- 
 
 ]WSC^. 
 
 Section 1. Be it ordained by the people of the State of Arkan- 
 siis in convention assembled, That all the military and civil offi- 
 cers now in the service of this State, or who may hereafter be 
 elected, or appointed, to any office, in this state, before they 
 shall further proceed to, or shall hereafter enter upon the dis- 
 charge of the functions of their said offices, be required to take 
 and subscribe the following oath or affirmation: 
 
 " I, , do solemnly swear (or affirm), that I will sup- 
 port the constitution of this state, and all the ordinances adopted, 
 by the convention of the people of the State of Arkansas; and 
 I furthermore do solemnly swear (or affirm), that 1 will support 
 the constitution of the provisional government of the Confede- 
 rate States of America; and I do, also, further solemnly swear 
 (or affirm), that I will faithful and true allegiatice bear to the 
 State of Arkansas, and to the Confederate States of America, 
 while I am a citizen thereof." 
 
 Sec. 2. Bt it furllier ordained, That the members of the 
 General Assembly of thi^ state shall take the above oath or 
 affimation, before they shall proceed to exercise the functions 
 
THE CONVENTION. 29 
 
 of legislation, to be administered to them in the manner now 
 prescribed by law. 
 
 Sec. 3. Be it fur tJicr ordained, That all the ofTicer?, civil and 
 military, now in ofllce-in this state, shall report themselves to the 
 clerk of the county court, of their respective counties, within 
 sixty days after the 'adoption of this ordinance, and shall take 
 the oath,* or afiirmation, above prescribed, orally; and it is 
 hereby made the duty of such clerks, throughout the state, "to 
 issue notice to all such officers as fail to appear and take such 
 oath, within sixty days, and if any such oflicer should fail to ap- 
 pear and take the oath aforesaid, within ten days after service 
 of such notice, it is hereby made the dqtj' of such clerks to 
 report the names of any and all delinquents to the govGrnor. 
 who shall, forthwith, declare the ofilcc of such delinquent to 
 be vacant, and forthwith proceed to require such vacancy to 
 be filled by election, or appointment, in accordance with the 
 laws now in force. 
 
 Sec. 4. Be it Jurthcr ordained, That the several clerks of the 
 county courts throughout this state, now in office, shall take the 
 above prescribed oath, or affirmation, before the judge of the 
 county court of their respective -counties, or some person 
 authorized to administer oaths, whose duty it shall be to report 
 any delinquency that may occur in the manner prescribed in 
 the third sectioa of this ordinance, and the governor shall pro- 
 ceed in such cases as in said section he is directed to have such 
 oflices filled, by an election for that purpose, according to) 
 existing laws. 
 
 Sec. 5. Be it further ordained , That all oflicers', civil and mili- 
 tary, hereafter to be elected or appointed, shall b« required to 
 take or subscribe the above oath, or affirmation, to be indorsed 
 on their commissions, and when so indorsed ihe same shall be 
 subscribed by the officer whose commission it is, and be sworn 
 to before some ofTicer authorized b}' law to administer an oath. 
 
 Sec. 6. Be it further ordained, That any commissioned mili- 
 tary officer, who may have taken the above oath, or afiirmation. 
 may administer the same to any other commissioned military 
 ofiicer who may not have taken the same. 
 
30 ORDINANCES OF 
 
 Sec. 7. Be il further ordained. That the governor, members 
 of the military board, auditor, treasurer, secretary of state and 
 judges of the supreme court, be, and they are hereby required 
 to appear before this convention, in open session, at or before 
 the hour of eleven o'clock, a; m., of Thursday, the 23d inst., 
 and take the oath prescribed by thij ordinance, to be adminis- 
 tered by the president of this convention. • 
 
 Sec. 8. Be it furlhcr ordained, That after the constitution 
 of the permanent government of the Confederate States of 
 America is adopted, or ratified by this convention, or the people 
 of this state, by a direct vote for that purpose, then the oath, or 
 affirmation, above prescribed, phall be administered so as to 
 embrace and include the constitution of such permanent gov- 
 ernment, instead of the constitution of the provisional govern- 
 ment as now required. 
 
 Adopted, and passed in and by the convention, on the 21st 
 day of May A. D., 18G1. 
 
 DAVID WALKER, President of the 
 Convention of the State oj Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Aikansas State Convention. 
 
 AN ORDINANCE authorizing the governor to grant "pardons 
 and rtniit fines and forfeitures in certain cases. 
 
 Section 1. Be it ordaintd by the people of the State of Arkansas 
 in convention assembled, That the governor of this state shall 
 have power, in all criminal and penal cases, where convictions 
 have been had in the di:>trict courts of the United States for the 
 eastern and western districts of Arkansas, to grant pardons 
 and remit fines and forfeitures, in the same manner, and'upon 
 
THE C0^"VE1^■TI0X. 31 
 
 the same conditions as he is b}' the constitution and laws of the 
 State of Arkansas, authorized to do in cases of convictions in 
 the courts of this state. 
 
 Sec. 2. Be it further ordained, That this ordinance take effect 
 and be in force from and after itt* passage. 
 
 Adopted, and passed in and by the convention, on the 22d 
 day of May, A.D.I 8G1. 
 
 DAVID WALKER, President of the 
 Convention of tlie JSlatc of Aikansas. 
 Attest: 
 
 ELtAS C. BouDiNOT, Sccrttary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE for the relief of Francis M. Hill. 
 
 Section 1. Bt it ordained by the people of the State of Arkansas^ 
 in convention assembled, That the president of this convention 
 be, and he is hereby authorized and empowered to grant an 
 unconditional pardon to Francis M. Hill, who was, at the Octo- 
 ber term, A. D., 1S58, of the district court of the United States 
 in and for the eastern district of Arkansas, convicted of robbing 
 the mails of the United States, and sentenced to imprisonment 
 in the jail and penitentiary house of the State of Arkansas, for 
 a period of six years. 
 
 Sfx. 2 Be it further ordained, That upon the evidence of the 
 pardon, to be issued by the president, as aforesaid, being pre- 
 sented to the keeper of the jail and penitentiary house of this 
 state, he is hereby required to discharge the said Francis M. 
 Hill from his custody. • 
 
 Sec 3. Be it farther ordained. That this ordinance take effect 
 and be in force from and after its passage. 
 
32 ORDINANCES OF 
 
 Adopted, and passed in and by the convention, on the 22d 
 day of May, A. D. l&Gl. 
 
 DAVID WALKER, President of the 
 
 State Convention of Ai-Jcansaa. 
 Attc:ft: 
 
 Eli AS C. BouDiNOT Sccrttarjj 
 
 of the Arkansas! State Convention' 
 
 Ai\ ORDINANCE for the relief of Hon. F. W. Compton' 
 
 ' Be it ordained by the people of the Stale of Arkansas in con- 
 vention assembled, That the Hon. F. W. "Compton, one of the 
 judges of the supreme court, who is not now in this city, be 
 allowed to take the oath prescribed by ordinance No. 35, before 
 one of tlie judges of said court, or before the clerk of the cir- 
 cuit court of Dallas county, at anytime within sixty daj-s from 
 the passage of said ordinance. 
 
 Adopted, and passed in and by the convention, on the '^2d 
 d:iy of May, A. D. 18G1. 
 
 DAVID WALKER, President of the 
 
 State Convention of Arkansas, 
 Attest: 
 
 El[.\s C. BoufitNOT, Secretary 
 
 of Die Arkansas State Convention. 
 
THE CONVENTION. 33 
 
 AN OUDINANCI^ to provide fo7- co-opcratio7i with the forces of 
 the Confederate States of America in the defence of the western 
 frontier and for other pu?-poses. 
 
 Section 1. Be it, and it is hereby ordained by the people oTthe 
 Slate of Arjcansas in convention assembled, That Brigadier Gen- 
 eral Pearce Ys hereby authorized and required to co-operate 
 with Brigadier General McCollough, to the full extent of his 
 ability, in the defence of the western frontier. 
 
 Sec. 2. lie it further ordained, That the said Brigadier C-en- 
 eral Pearce be, and he is hereby required to furnish, in the short- 
 est practicable time, to the said General McCollough, amilitar^v 
 «scort into the Indian country, composed of one company of 
 mounted men, out of his command, to serve as long as may be 
 required for the purpose of the contemplated tour of said Mc- 
 Collough into the Indian country, in the service of the Confede- 
 rate States of America. 
 
 Sec. 3. Be it further ordained, That the military board, here- 
 tofore constituted by this convention, shall have power, when 
 organized, to enlarge, restrain, or annul, the provisions of thitj 
 ordinance, when, in their opinion and discretion, it shall be 
 necessary to do so. 
 
 Adopted, and passed in and by the convention, on the 22d 
 day of May, A. D., 18G1. 
 
 DAVID WALKER, President of the 
 
 Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
34 ORDINANCES OF 
 
 RESOLUTION relative to advancing supplies to General 
 McCu/loug/i. 
 
 Resolved, That Col. Thos. C. Peek, now in charge of the 
 arsenal and military stores there kept, be, and he is hereby 
 required to deliver to the order of Capt. Albert Pike, all of the 
 subsistence supplies now in store in said arsanal; that said 
 Capt. Albert Pike ca,use them to be conveyed to, and stored at 
 Fort Smith, subject to the order of Brigadier General Pearce, 
 who is hereby required, unless otherwise ordered by the mili- 
 tary board, to advance to Brigadier General McCollough such 
 supplies as may be required for his command, on the western 
 border of this state, so far as he ma}' be able, with safety to his 
 command, until such time as said General McCollough can get 
 supplies from the Confederate States, when the same shall be 
 returned by said Confederate States; Provided, That subsis- 
 tence for thr^ companies, for one month, shall be left at said 
 arsenal. 
 
 Adopted, May 22d, A. D. ISGl. 
 
 DAVID WALKER, President of the * 
 State Convention of Arkansas. 
 Attest: 
 
 Eli.\s C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 RESOLUTION rclalivc to claim of S. H. Tucker c^ Co. 
 Resolved, That the auditor of .public accounts be, and he is 
 hereby required to draw his warrant on the treasurer, ia favor 
 of S. H. Tucker (5 Co., for the amount of their claim, the pay- 
 ment of which is recommended by the committee on ways and 
 means. 
 
 Adopted, May 22d, A. D. 1801. 
 
 DAVID WALKER, President of the 
 
 Slate Convention of Arkansas, 
 Attest: 
 
 Eli AS C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
TH'E CONVENTION. 35 
 
 > 1 — 
 
 RESOLUTION relative to military stores. 
 
 Resolved, That Capt. Pike be required to take up to Fort 
 Smith, all, or the necessary quantity, of the medical stores now 
 on deposit at the arsenal, and deliver the same to GeneraJ 
 Pearce, for the use of the array. 
 Adopted, May 23d, A. D. 18G1. 
 
 DAVID WALKER, President of the 
 ConvcJition cf the State oj ArkanscA. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE for the relief of such' citizens of the State of 
 Arkansas as may he engaged in the militanj service of the StaU' 
 of Arkansas, or of the Confederate States. 
 
 Section 1. Beit ordained by the j^cople of the Slate of Arkansas 
 in convention assembled, That hereafter, no writ of attachment 
 shall issue against the property of any citizen of this state, 
 unless the creditor, or some other person for him, shall, in the 
 affidavit now required by law, further state and swear that the 
 defendant is not engaged in the military service of the State of 
 Arkansas, or of the Confederate States. 
 
 Sec. 2. Be it further ordained, That service of any writ, or 
 notice, upon a citizen of this state, who is engaged in the mili- 
 ,tary service of this state, or the Confederate States, shall be by 
 delivering to such person a true copy of such writ or notice, 
 and such service may be proven by any officer now authorized 
 by law to serve process, or by the return of any commissioned 
 military officer of this state or the Coafederate States. 
 
 Sec. 3. Be it fiirthtr ordained, That it shall* be good cause 
 for continuance of any cause pending in any court, that a 
 defendant is in the military service of this state, or the Con- 
 
36 ORDINANCES OF 
 
 federate States; that he has a meritorious defence, and that 
 the ?ame cannot be made without his personal attendance, 
 which facts shall be verified by affidavit'of the defendant, or 
 some person for him, and that the affidavit provided for in this 
 section may be made before any military officer in the service 
 of this state, or of the Confederate States, or any civil ofiicer 
 authorized by any state in the confederacy to administer oaths, 
 without- further authentication. 
 
 ^:c. 4. Be it further ordained, That all statutes of limita- 
 tion and non-claim be suspended in favor of, and against all 
 persons engaged in the military service of this state, or of the 
 Confederate states, during the time of their service. 
 
 Sec. 5. Be it further ordained, That no execution shall issue 
 'against the property of any citizen of* this state, while in the 
 military service of this state, or of the Confederate- States, 
 unless the plaintiff, or some other person for him, shall, at the 
 time of applying for such writ, make and file an affidavit that 
 the property of the defendant is about to be removed from the 
 county, the truth of which allegation maybe tried by a jury, 
 when demanded by the defendant, or some person for him,, 
 before the tribunal to which such execution or process may be 
 made returnable. 
 
 Sec. G. Be it further ordained, That in any case where a suit 
 may be pending, or may hereafter be instituted, in any court in 
 this state, against two or more persons, a part of whom may 
 be in the military service of the State of Arkansas, or of th^ 
 Confederate States, it shall be lawful for the plaintiff or plain- 
 titfs to dismiss said suit as to such of the defendants as may be 
 engaged in such military service, and proceed against the 
 others to final judgment and execution as now provided for by 
 law. 
 
 Sec. 7. JJc it further ordained, That, in all cases, where it 
 .shall appear that the judgment debtor, in service, is not the sole 
 principal debtor, an execution may issue by order of court, 
 after notice, ag&inst the remaining judgment debtors, but not 
 against the person in such service. 
 
 Sec. 8. Jj€ it further ordained, That, in all cases, where an 
 
THE CONVENTION. 37 
 
 execution shall be issued against a person who shall, thereafter, 
 before sale, enter the military service of this state,jOr of the 
 Confederate States, the officer having said execution shall not 
 enforce the same against the property of such person. 
 
 Sec. 9. Be it further ordained, That nothing in this ordinance 
 shall be so construed as to prevent the due collection of taxes. 
 
 Sec 10. Be it further ordained, That this ordinance may be 
 repealed in part, or in whola, by legislative enactment, and 
 shall be in force from and after its passage. 
 
 Adopted, and passed in and by the convention, on the 23d 
 day of May, A. D. 1S61. 
 
 DAVID WALKER, President of the 
 Convention of the State of Arkansas. 
 Attest: 
 
 Eli AS C. Boudlxot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE to suspend the operation of an ad of the 
 General Assembly , entitled " an act amendaioi'y of the militia 
 laws of the State of Arkansas,^^ approved the 21st of January, 
 18G1. 
 
 Section 1. Be it ordained by the people of the State of Arkan- 
 sas in convention assembled, That the act of the General Assem- 
 bly of said state, approved on the twenty- first day of January, 
 A. D. 1861, entitled "an act amendatory of the militia laws 
 of the state of Arkansas," be, and the same is, hereby suspended 
 until the further order of this convention, or of the General 
 Assembly of this state. 
 
 Sec. 2. Be it further ordained. That the auditor of public 
 accounts be, and he is, hereby prohibited, from drawing war- 
 rants on the treasurer under the provisions of said act, while 
 
 • 
 
38 ORDINANCES OF 
 
 the same is suspended as provided in the first section of this 
 ordinance^ 
 
 Sec. 3. Be it further ordained, That this ordinance be in force 
 from and after its adoption. 
 
 Adopted, and passed in and by the convention, on the ^d 
 day of May, A. D. 18G1. 
 
 DAVID WALKER, President oj the 
 
 State Convtntion of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 *-^^M»i»- »■* ^u^ 
 
 RESOLUTION a-ppr opriating ^500. 
 
 Resolved, That the sum of five hundred dollars be, and the 
 same is, hereby appropriated to pay the expenses of Capt. 
 Albert Pike, the commissioner of this state and of the Confede- 
 rate States to the Indian country, and that the auditor issue his 
 warrant upon the treasurer for the same, taking the receipt of 
 Capt. Pike therefor. 
 Adopted May 23, 1861. 
 
 DAVID WALKER, President 
 of the Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the State Convention of Arkansas. 
 
THE CONVENTION. • 09 
 
 RESOLUTIONS relative to Privaicermg. 
 
 Whereas, The system of privateering and the grant-in"- of 
 letters of marque and reprisal is a legitimate mode of civi- 
 lized warfare, recognized, not only by European govern ment-s 
 and international law, but by the practice and fundamental 
 law both of the United States of America and the Confederate 
 States of America; Andichcreas, in accordance with the well 
 established and universally recognized system of civilized war, 
 the government of the Confederate States of America has 
 proceeded to the issuing of letters of marque and reprisal, and 
 the fitting out of privateers as a means of self defence and of 
 prosecuting, successfully^ the war which has been forced upon 
 them by the government at Washington. 
 
 A?id ichcrcas, Abraham Lincoln, at present President of the 
 United States, in obedience to the suggestions of the commer- 
 cial interest of the North, as conveyed to him through imposing 
 meetings of the New York Chamber of Commerce, and other 
 channels, has issued a proclamation, declaring that any person 
 privateering under the authority of letters of marque and 
 reprisal issued by President Davis, shall be held amenable to 
 the laws of the United States for the prevention of piracy: 
 
 Resolved, That we indorse and approve the action of Presi- 
 dent Davis and the government at Montgomery in the premi- 
 ses, and that we will sustain it with the whole moral and 
 physical power of the sovereign State of Arkansas, and that 
 we recommend to the government, of the Confederate States 
 that they retain the person of every alien enemy taken as a 
 prisoner, and hold them personally responsible to the people of 
 the South, if President Lincoln shall execute his infamous 
 threat to treat a recognized usage of civilized warfare as piracy 
 
 Adopted, May 23d, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the Convention of the Slate of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
40 ORDINANCES OF 
 
 AN ORDINANCE supplementary to the ordinance entitled " an 
 ordinance prescribing an oath to be taken by all civil and mili- 
 tary officers in the service of the stale, and for other purposes,'' 
 heretofore adopted by this' convention. 
 
 Be it ordained by the people of the State of Arkansas in con- 
 vention assembled, That the ordinance passed on the day.before 
 yesterday, requiring the governor, and certain other officers 
 therein mentione<5, to appear before this convention by the 
 hour of eleven o'clock, of this day, and take the oath prescribed 
 by this convention, be, and the same is, hereby repealed so far 
 as it relates to the governor; And be it further ordained, That 
 a committee of three be appointed, consisting of the President 
 and two other members of this convention, to wait on the 
 governor, at his residence, in the city of Little Rock, forthwith^ 
 and administer to Henry M. Rector, governor of the State of 
 Arkansas, said oath. 
 
 Adopted, and passed in and by the convention, on the 23d 
 day of May, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 EuAS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE fixing the military rank of the Military Board, 
 created by this convention by ordinance adopted the Ibth day 
 of May, A. D. 1801. 
 
 Be it and it is hereby ordained by the people of the State of 
 Arka7isas in convention assembled, That the military board. 
 
THE CONVENTION. . 41 
 
 heretofore created b}' an ordinance of this convention, shall 
 outranlv, and be in authority above, any and all the militar}' 
 officers holding commissions under the authority of the State 
 of Arkansas, and that this ordinance shall take etlect and be in 
 force from and after its adoption. 
 
 Adopted, and passed in and by the convention, on the 23d 
 day of May, A.D. 18G1. 
 
 DAVID WALKER, President 
 oj the Convention' of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of tilt Arkansas Slate Convention. 
 
 AN ORDINANCE— To enable the MUitarrj Board to call in 
 all the arms belonging to the State not now in ike hands of 
 enlisted soldiers. 
 
 It is hcrchij ordained by the people of the Slate of Arkansas, in 
 Convention assembled, That the military board is hereby author- 
 ized and empowered to cause to be returned to the arsenal, at 
 Little Rock, or to be deposited at any point which they may 
 direct, all or any of the arms which have been distributed by 
 virtue of an act of the General Assembly, approved January 
 21st, 1861, and all other arms distributed by the governor, 
 whenever, in the opinion of said board, the public interest 
 requires the same to be done, and, for this purpose, they shall 
 have the right to pass all laws and orders to cause their com- 
 mands to be executed and obeyed. 
 
4 '2 ORDIx\ANCES OF 
 
 Adopted and passed 'in and by the convention, May "2 1th, 
 
 18G1. 
 
 DAVID WALKER, Prcndcnt 
 
 of the Convention of the State oj Ar/caJisas. 
 Attest: 
 
 Em AS C. BouDiNOT, Secretary 
 
 of the Arkansas State- Convcniion. 
 
 AN OIVDY^X'^C^— To conprn the several acts of the General 
 Assembly of the State of Arkansas, to ostablish separate courts 
 in the counties oJ Jackson and St. Francis, and other counties' 
 
 Section 1. Be it, and it is, herehij ordained by the people of the 
 Slate of Arkansas in convention assembled, That the act of the 
 General Assembly, entitled " An act to establish separate 
 courts in the county of Jackson, in the State of Arkansas," 
 approved the 28th day of December, A. D. 18G0, and the act of 
 said General Assembly, entitled " An act to establish separate 
 courts in the county of St. Francis, in said state, approved the 
 10th January, 1861, are, in all things, hereby ratified and con- 
 firmed, and that the constitution and laws of the State of 
 Arkansas, whenever they may come in conflict with this ordi- 
 nance, be, and they are, hereby repealed, and shall hereafter 
 be held to be null and void. 
 
 Sec. 2. 77c it further ordained. That this ordinanc-e shall 
 apply to all counties similarly situated, and shall take effect and 
 be in force from and after its adoption. 
 
THE CONVENTION. 43 
 
 Adopted and passed in and by the convention, on the 25tk 
 day of May, A. D. 1S61. 
 
 DAVID WALKER, President 
 offhc Convention oj tJie Stale of Arkmisas. 
 
 AWest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 RESOLUTION — Rclallve to subsistence of regiment at arsenal. 
 
 Resolved, ^ That the olliccr in charge of the provision stores at 
 the arsenal, in Little Rock, be, and he is hereby directed to 
 issue provisions to Col. Churchill, for the sustenance of his 
 regiment, now rendezvoused at this place, and take his receipt 
 for the same, and charge them to the account of the Confeder- 
 ate States of America. 
 Adopted, May '27th, 18GI. 
 
 DAVID WALKER, President 
 of the Convention of the Slate of Arkansas.' 
 Attest: "^ * . " 
 
 EiJAS C. BotrniNOT, Secret arii 
 of the Arkansas State Convention. 
 
 AN ORDINANCE— To authorize the county court of Pulaski 
 county to make appropriation to purchase horses. 
 
 Section 1 . Be it ordained by the people of the Slateof Arkansas in 
 convention assembled, That the county court of Pulaski county 
 
44 ORDINANCES OF 
 
 shall have power to appropriate a sufRcient sum of money out of 
 the treasur}' of said county, to aid in purchaising horses, to 
 mount a company designed for the service of the Confederate 
 States. 
 
 Sec. 2. Be it further ordained, That if there should not be 
 Eufncient money in the treasury, said county court may issue 
 county scrip for the purpose aforesaid. 
 
 Adopted and passed in and by the convention, on the 27th 
 day of May, A. D. 1861. 
 
 DAVID WALKER, President 
 of the Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE — To regulate for the time being, the sales 
 of public lands within this State and for other purposes. 
 
 Suction 1. Be it ordained by the people of the State of Ar- 
 kansas, in Convention assembled, That all the land offices within 
 this state, heretofore conducted under the laws and regulations 
 of the federal government of the United States, be, and the 
 same arc hereby continued; to be conducted under the control 
 and authority of the State of Arkansas, and that the registers 
 and receivers of the several land offices shall be fully author- 
 ized to continue to perform their respective duties as such 
 under the same laws, instructions and regulations as they have 
 been governed heretofore, so far as the same may be applica- 
 ble. And that, within sixty days from the adoption of this 
 ordinance, each register and receiver of public moneys shall 
 lilc, with the governor of this state, their bonds, with good and 
 sufficient security, to be approved by the governor, conditioned 
 
THE COXVENTIOX. 45 
 
 for the faithful performance to the State ef Arkansas, of their 
 respective duties as prescribed by the laws of the United States, 
 and the regula4;ions and instructions in relation thereto, passed, 
 adopted, or given, before the sixth day of May, A. D. ISGl, as 
 modified by the ordinances, of this convention, or the neces- 
 i^ary regulations and ins>tructions to be adopted or given, to' 
 carry said ordinances into effect. The bond to be given by 
 each register, shall be in the sum of ten thousand dollars, and 
 that to be given by the receiver shall be in the sum of fifty 
 thousand dollars; and said officers shall, within the same time, 
 take the oath of oflice as prescribed b}' this convention. 
 
 Sec. 2. Be it further ordained, That said registers and receiv- 
 ers shall hereafter make their reports to the auditor of public 
 accounts, in the same way, at the same times, and in the same 
 manner that they were, heretofore, required to do and perform 
 to the authorities at the cit}' of Washington, and the receivers 
 of public moneys shall make their payments to the state treas- 
 urer, and take from him duplicate receipts, and file one with 
 the auditor. The auditor of public accounts shall'4veep a record 
 of all his transactions with the registers and receivers in a set 
 of books, to be, by him, kept for that purpose. Said registers 
 and receivers shall receive the same salaries and commissions 
 that they heretofore received from'the governmeht of the Uni» 
 ted States, to be paid quarterl}', out of the state treasury, and 
 out of the particular land fund received from the sale of pub- 
 lic lands, and a su^icient sum of money arfsing'from the sale 
 of such lands be, and the same is hereby appropriated to pay 
 the same. 
 
 Sec. 3. Be it further ordained, That no land warrant shall 
 hereafter be located on any of the lands of this state, except 
 land warrants issued to citizens of Arkansas, their widows or 
 children; or to soldiers, or volunteers, who were from this state, 
 their widows or children; and all entries made by land war- 
 rants since the sixth day of May, A. D. 18G1, by non-residents, 
 or for speculation, are hereby declared void. 
 
 Sec. 4. Bt it fnrtlicrodained, That all lands heretofore reserved 
 by the United States in proximity to any and all railroad sur- 
 
46 ORDINANCES OF. 
 
 veys within this state shall, hereafter, be sold by the registers 
 of the proper land offices, at not less than one dollar and 
 twenty-five cents an acre, but, before the restoration of said 
 lands to market at least sixty days notice shall be given by the 
 register and receiver of the proper land office, under the 
 in.-^tructions of the auditor, that said lands will be ollered at 
 public sale to the highest bidder for cash, and after they shall 
 have been offered at public sale, as aforesaid, such of them as 
 shall remain unsold, shall be sold at private sale at said price 
 of one dollar and- twenty-five cents an acre; Provided, That all 
 actual settlers upon said lands shall have the right to enter the 
 sam-e at said minimum price before the day of sale to the 
 amount of one hundred and sixty acres, upon making proof of 
 such actual settlement before the register, in accordance with 
 instructions to be issued b}' the auditor in this regard. And 
 that the tract of unsurveyed land, known as the Cherokee 
 reserve, at the mouth of the Illinois Bayou, in Pope county, on 
 the Artvansas river, shall be surveyed and subdivided under the 
 direction of flie auditor of public accounts, who shall have the 
 proper plats made, and shall furnish the register of the land 
 office of the Clarksville district, with copies of the same, and 
 the register aforesaid, shall sell the said land at public sale, on 
 the first Monday of January, A. D. 18G2, first giving at least 
 sixty day's notice of such sale by publication in some newspa- 
 per published in the city of Little Rock, at which sale said lands 
 shall be sold to the highest bidder for cash, In lots or subdivis- 
 ions, not exceeding eighty acres, with fractions more or less, 
 but shall not be offered for sale at less than five dollars an acre, 
 and if not then sold shall remain subject to private sale for 
 twelve months atthat price, after which time the unsold por- 
 tions of said land shall be subject to private sale, at two dol- 
 lars and fifty cents an acre, and a sufficient sum of money is 
 hereby appropriated out of the state treasury, to pay the 
 expense of making such surveys, maps and plats. And the 
 lands heretofore reserved by the United States government, for 
 the use and benefit of Fort Wayne, in Benton county, shall be 
 ofiered at public sale, upon like notice by the register and 
 
THE CONVENTION. 41 
 
 receiver of the land office, ^t ITuntsviile, on the first Monday 
 of August next, whereat said lands shall not be sold for less 
 than one dollar and twenty-five cents an acre. But so muchot 
 said reserve, not exceeding eighty acree^. as in the opinion of 
 the military authorities in that division of the army may be 
 necessary for such military post, or encfimpment, shall not be. 
 offered at such public sale. 
 
 Sec. 5. Be it furVicr ordauud, That all the swamp lands 
 which have been located, or reported as such, to the j^jroper 
 authorities of this state, and which have notbeen confirmed by 
 the commissioner of the general land office, and the authori- 
 ties at the city of Washington, be, and the same are herci)v 
 deemed to be fully confirmed, and this confirmation shall have 
 the same efiect as though said lands had been patented to the 
 State of Arkansas, except "all those tracts or parcels of land 
 that were sold by the registers of the several land offices of the 
 United States, to any party or parties, whatever, who shall be 
 entitled to their patent deeds for the same. The auditor shall 
 issue deeds to the. holders of certificates of entry of such lands 
 as arc confirmed by the provisions of this section, upon such 
 holders filiug their certificates in his office. No further selec- 
 tions of swamp lands shall be made, and those herein confirmed 
 shall be sold by the swamp land agents, who shall be gorerned 
 by existing laws in relation to advertising and making sales of 
 swamp lands, after they shall have been certified by proper 
 lists and plats, to the several swamp land ofiicers, under the 
 direction of the auditor of the state. And, in order to prcpart" 
 the lists aforesaid, of all the swamp lands hereby confirmeil. 
 the auditor shall receive from the swamp land secretary, who 
 is hercbj^ required to turn over the same, all the lists of selec- 
 tions that have been reported to his predecessors in office or t-i 
 him, by*the locating agents in the several counties, to be used 
 by the auditor in preparing the neceisary and proper lists, and 
 after he has fully prepared said lists, he shall return the origi- 
 nal listts of selections to said swamp land secretary. Nothing 
 in 'this section shall he so construed as to prejudice the legal or 
 
 ffg^-^ 
 
48 ORDINAXCES OF 
 
 equitable rights of any pcrsoa or corporation, who has acquired 
 such rights under laws now or heretofore in existence. 
 
 Skc. G. Be it further ordained, That it shall be the duty of 
 the auditor, at the end of every three months afterthe adoption 
 of this ordinance, tt transmit to the swamp land agents lists 
 of unconiirmed lafrtls^patented in their respective districts, and , 
 it shall be the duty of the land agents to correct their plats by 
 noting the entries which do not appear on said plats, so as to 
 conform to such lists. 
 
 Skc. 7. Ue it further crdaincd, That all persons who m.ay 
 have bought or entered an}' lands at any of the land oflices of 
 the United States, and paid for the same at the graduated or 
 other price, for actual settlement, or otherwise, shall have their 
 patents delivered to them by the registers of the land offices 
 upon the surrender of the certificate of location, or the receipt 
 of the receiver; or, if such certificate or receipt be lost, then, 
 upon satisfactory evidence of such loss, if said patents shall be 
 in the offices, and all patents thereafter remaining in the offices* 
 of the sever-al registers, shall remain until disposed of by the 
 deneral Assembly of this state. 
 
 Sec 8. Be it further ordained, That the auditor shall, so far 
 as applicable, have the same general powers, witK authority to 
 idsue instructions to registers and receivers, as the commissioner 
 of the general land office of the United States formerly had, 
 and shall, if he thinks the public interest demands it, appoint 
 some competent person to examine the books and accounts of 
 any or all of the said land offices, and to report the condition 
 thereof, and the expenses of such examination shall be paid 
 out of any funds arising from the sale of lands, not otherwise 
 appropriated. 
 
 Sec. 9. Be it further ordained, That each register and 
 receiver shall be required to file with the auditor <ff public 
 accounts, a full schedule, under oath, of all the public property 
 heretofore belonging to the federal government, now in their 
 hands as such registers and receivers, and, at the same time, 
 execute a receipt therefor to the State of Arkansas. And 
 should ny register or receiver, neglect or refuse to comply with 
 
THE CONVENTION. 49 
 
 the requirements of this ordinance, or should die, or resign, in 
 that case, upon official information thereof, the governor of this 
 state shall appoint some proper and suitable person to fill such 
 vacancy, and the person so appointed shall be required to take 
 the proper oath,, and give the required bond for the faithful 
 performance of duty; which appointment shall continue until 
 the last day of the next regular biennial session of the legisla- 
 ture. 
 
 Sec. 10. Be it furlJitr ordained. That all suspended entries 
 in the several land offices shall be, forthwith, corrected by the 
 register of the proper office, in pursuance of the instructions 
 heretofore received from the commissioner of the general land 
 office at the city of Washington, and according to the rights of 
 parties, by reconciling all seeming errors and conflicts in accord- 
 ance with the spirit and letter of the law governing such cases, 
 and said registers shall make quarterly reports of the same to 
 the auditor lor his approval, w^ho is required to supervise the 
 same, and should there e.KiBt any discrepancies, or errors, to 
 send the same back to the register for further corrections, and 
 said register shall issue corrected certificates fnr all errors by • 
 ►him reconcrled, upon which certificates deeds shall be made. 
 
 Sec. 11. Be it further ordained, yhat the auditor shall adjust 
 the accounts of all registers and receivers for such salaries and 
 commissions as may now be due, and draw his warrant on the 
 treasurer for the amount due to each, to be paid out of the 
 lunds paid into the treasury by receivers of public money, and 
 a sufficient sum is hereby appropriated for that purpose. 
 
 Sec. 12. Be it further ordained, That the auditor of public 
 accounts be, and he is, hereby made the custodian of the book? 
 maps, plats, furniture and papers of all description, and all 
 property, pertaining to the late surveyor general's office of this 
 state, and that the same shall be turned over to him; and that 
 the secretary of state be, and he is, hereby required to furnish 
 a suitable room for the safe keeping. of the same. 
 
 Sec. 13. Beit further ordained, That this convention, after 
 the adoption of this ordinance, shall elect one register of the 
 land office for the Clarksville land district, who shall be co.m- 
 
 4 
 
50 ORDINANCES OF 
 
 missioned by the president of this convention, after said register 
 shall have executed a bond, with two or more good and suffi- 
 cient securities in the sum of ten thousand dollars, to be 
 approved by the president aforesaid, and said register shall take 
 the oath now prescribed by this convention, and for the faith- 
 ful performance of his duties. 
 
 Sec. 14. Bt il further or daimd, That the receivers of public 
 moneys, or the securities of any such receivers, are hereby 
 ordered and directed to pay into the state treasury all moneys 
 now in their hands, or possession, which the government of the 
 United States was, heretofore, entitled to receive, and to take 
 from the state treasurer duplicate receipts therefor, and file one 
 of the same with the auditor of public accounts; and, if they 
 shall fully pay all of said money in their hands, then the con- 
 vention hereby pledges the sovereignty of the State of Arkan- 
 sas to hold all of said parties harmless ou their bonds to the 
 United States. 
 
 Sec, 15. Be it further ordained, That all regular and valid 
 entries of seminary, saline, internal improvement, or swamp 
 • lands, whether the said swamp lands have or have not been 
 patented to the state, are hereby confirmed, and the holder of, 
 any original or patent certificate, or his, or her assignee, or the 
 party or parties in whom the legal title to the land exists, may 
 present his or their certificate to the auditor of public accounts 
 of the State of Arkansas, who, if he find that the sale of such 
 land was made in conformity to law, and has been fully paid 
 for, shall execute, under his hand and official seal, a deed con- 
 veying all the right, title and interest of the state thereto, in 
 the same manner as deeds are made to donees of forfeited 
 lands by the auditor, except as to acknowledgment of the same, 
 and the seal of the auditor shall be sufficient verification and 
 authentication of the deed so made, and the same is hereby 
 made and shall be recived as evidence in any court of record 
 of this state. And all lands sold by the registers of the land 
 offices, for which patents have not issued, and all that may be 
 hereafter sold by them, shall have deeds issued for the same, in 
 like manner. The auditor shall not issue any certificate to the 
 
THE CONVENTION. 51 
 
 governor, but make deeds and file the original certificates, and 
 keep an abstract of the deeds so made, from which abstract he 
 may issue duplicates; and for his services in examining, filing, 
 making deeds and record of the same, the auditor shall be 
 entitled to a fee of one dollar oji each deed so made, and from 
 the fees so received on deeds for lands sold by the registers, 
 shall pay a competent clerk to write, or fill up, the same, with- 
 out charge to the state for the services of such clerk. And the 
 auditor of public accounts and the treasurer of this state be, 
 and they are, hereby fully authorized to appoint, each, one 
 deputy, which appointment shall be made in writing, and the 
 deputy so appointed shall take the oath now required by law, 
 and such letter of appointment shall be filed with the secrerary 
 of state, and the- auditor and treasurer shall be responsible on 
 their oflicial bonds for all the acts and conduct done and per- 
 formed by their deputies, respectively, in the performance of 
 their ofiicial duties. 
 
 Sec. 16. Be U further ordained, That deeds shall be issued 
 to, and in the names of, all persons who mny have entered any 
 of the public lands of the United States, prior to the sixth of 
 May, 1801, not patented by the United States, up to this time, 
 in the same way in which deeds or patents are autlv)rized to 
 be issued upon swamp land entries, and the presentation and 
 surrender of the receipt of the receiver of public moneys of 
 the United States, shall be sufficient to authorize the issuance 
 of such deed or patent for the lands in such receipt set forth. 
 
 Sec. 17. Be it further ordained. That it shall not be neces- 
 sary for those who may have entered the lands of the United 
 States under the acts of Congress graduating the price of such 
 lands, to make the required proof of habita.tion and cultivation 
 under the said acts, but all such entries be, and thej are, hereby 
 in all things ratified and confirmed without such proof, to be 
 deeded or patented in the manner provided in the last preced- 
 ing section. 
 
 Sec. 18. Be it further ordained, That the State of Arkansas 
 shall hold in trust, for the class of persons hereafter mentioned 
 
52 ORDINANCES OF 
 
 in this section, a sufficient amount of the moneys which may 
 arise from the sale of the public lands specified in this section^ 
 to be appropriated by the General Assembly ol this state, after 
 the restoration of peace, for the purpose of refunding to all 
 citizens of the State of Arkansas, the amount of money which 
 any euch citizen may have overpaid the United States for lands 
 by him entered in this state under the graduation law of the 
 United States of the fourth of March, A. D, 1854, but no such 
 claim shall be paid out of any appropriation for that purpose 
 made, until the same shall have been ascertained and authen- 
 ticated in a manner to be hereafter prescribed" by ordinance of 
 this convention or act of the General Assembly, 
 
 Sec. 19. Be it further ordained, That no poblic sale of 
 swamp lands shall be made before the first day of October, A, 
 D. 18G1. 
 
 Sec. 20. Be it farther ordained, That where proof of pre- 
 emption rights have not been made, pre-emptor& on swamp 
 lands shall make proof on or before the day of public sale, 
 and, upon satisfactory proof being made, the state land agent 
 shall give his certificate, which shall state that the pre-emptor 
 has proven a pre-emption to the tract of land therein men- 
 tioned, wj;iich certificate may -be transferred by assigament^ 
 indorsed thereon, signed, sealed s^nd acknowledged by the 
 assignor. 
 
 Sec. 21. Be it further ordained, That pre-emptors, their heirs, 
 executors, administrators and assigns, may make payment for 
 such lands on or before the first day of January, A. D. 1863. 
 
 Sec. 22. That in case of a claimant of a pre-emption being" 
 in the military service of this state or the Confederate States. 
 the proof may be made by others than the pre-emptor. 
 
 Sec. 23. Be it further ordained. That all laws of this state^. 
 not inconsistent with this ordinance, regulating pre-emptions, 
 are hereby continued in force, and this ordinance may be 
 altered or amended at any regular session of the General 
 Assembly of this state. 
 
THE CONVENTION. 53 
 
 Adopted, and passed in and by the convention, on the 27th 
 day of May A. D., 1861. 
 
 DAVID WALKER, President of the 
 Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secrttary 
 
 of the Arkansas Slate Convention. 
 
 AN ORDINANCE to provide for the pnijmcnt of debts due from 
 ihc government of the United States to citizens of t/te Slate of 
 Arkansas, out of moneys seized from the United States by the 
 ■State of Arkansas. 
 
 Section 1. Be it ordained by the people of the State oj Arkan- 
 sas in convention assembled. That all moneys in the hands of 
 any officer of the United States, within the State of Arkansas, 
 previous to the sixth day of Maj^ A. D., 18GI, which have been, 
 or may hereafter b.e seized to the use of the state, shall be, and 
 the same are hereby declared to be held in trust by the state, 
 so far as the same may be necessary, for the payment of claims 
 justly due from the government oi the United States to citizens 
 of the State of Arkansas, or of the Indian territory west of the 
 State of Arkansas, growing out of the late United States court 
 for the western district of Arkansas, on or before the said sixth 
 day of May; Provided, That such claims .«'hall be presented 
 and authenticated as hereinafter required. 
 
 Sec. 2. Be it further ordained, That before payment shall be 
 made of any claim of the character specified in the foregoing 
 section, wlicthcr the same be evidenced by draft, certificate of 
 any United States oflicer, or otherwise, except the pay of pen- 
 sioners, the claimant shall file his draft, or other evidence of 
 
54 ORDINANCES OF 
 
 debt, or statement of account, in the office of the auditor of 
 public accounts of the State of Arkansas, and make proof, 
 which i-h*all be satisfactory to ttie auditor, that the debt is justly 
 due; that^he claimant is a citizen of this state, or of the Indian 
 territory, west of the State of Arkansas, having a claim grow- 
 ing out of the late UHited States court at Van Buren; that he 
 is bona fide, the original holder or owner thereof, or an assignee 
 for value, and that he was such holder, or owner, or assignee, 
 previous to the sixth day of May, A. D. 1861; Provided, That 
 after such proof shall have been made, such claim shall remain 
 on file in the auditor's office for ninety days from the date of 
 the passage of this ordinance, at the expiration of which time 
 the auditor shall make an estimate of the whole amount of 
 moneys seized from the United States, as specified in the fore- 
 going section, and of tne whole amount of such claims; and if 
 there shall be a sufficiency of such moneys to pay the whole of 
 such claims, then the auditor shall draw his warrants upon the 
 treasury in favor of such claimants, for the full amount of their 
 respective claims. But if the whole amount of said claims 
 exceed the whole amount of such moneys,. then the auditor 
 shall draw warrants on the treasury for the payment ol said 
 claims, pro rata. 
 
 Sec. 3. Bt it fu7-ihtr ordained, That it shall be the duty of the 
 United States pension agent for the State of Arkansas, or other 
 person having possession of the same, to deliver to the auditor 
 the pension roll, and all books and papers pertaining to such 
 agency, and the auditor, upon the applicafion of any pensioner, 
 and proof being filed, as required by the laws of the United 
 States, sliall issue his warrant upon the treasurer of this state 
 for the amount due such pensioner to the 6th day of May, 1861. 
 Sec. 4. lit it further ordained, That immediately after the 
 passage of this ordinance, the auditor shall give notice, by 
 advertisement, in at leastfive newspapers, published in thisstate, 
 of the provisions thereof, requiring all persons having claims of 
 the character referred to in the first section of this ordinance 
 to present the same to him, within ninety days, for examination. 
 Sec. 5. That no claimant shall be entitled to the benefit of 
 
THE CONVENTION. 55 
 
 the provisions of this ordinance, unless he shall present his 
 claim within the time prescribed in the foregoing section. 
 
 Sec. 6. Be it fiirlher ordained, That the au'^itor shall keep a 
 record of all his preceedings, under the provisions of this ordi- 
 nance, as of other official transactions and make report of the 
 same to the General Assembly of this state. 
 
 Adopted, and passed in and by the convention, on the 28th 
 day of May, A. D. 1861. 
 
 DAVID WALKER, President of the 
 Convention of the State of Arkansas. 
 Attest: 
 
 Eli AS C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE to provide revenue for the Slate of Arkansas. 
 
 Section I. Be it ordained by the people of the State of Arkan- 
 sas in convention assembled, That all moneys in the state trea- 
 sury, which have been received from the sale of seminary, 
 .saline, internal improvement and swamp lands, and all other 
 public lands within the state, and all moneys now in the hands 
 of the various land officers, and in the various land offices 
 throughout the state, arising from the sales of the lands above 
 mentioned, and all moneys which maj' hereafter arise from the 
 sale of the same, are hereby consolidated and appropriated as 
 a part of the revenue of the state, to be used for militaiy or 
 other state purposes; and all further contracts for the reclama- 
 tion»of swamp lands by the state, to be paid out of the swamp 
 land fund, or o'therwise, are,herfby forbidden; and all further 
 distribution to the counties, of the moneys arising from the sales 
 of the seminary, saline, and internal improvement lands, is 
 hereby forbidden; Provided, That all contracts made by the 
 
56 ORDINANCES OF 
 
 state for the reclamation of swamp lands, previous to the first 
 day of May, A. D. 18G1, may be discharged out of the swamp 
 land fund in the manner, and under the terma provided for by 
 existing laws; and that the dividend due to counties from the 
 seminary, saline and internal improvement funds, on the first 
 dav of January, A. D. 1861, may be paid as heretofore, and the 
 appropriations of portions of the saline and seminary funds, 
 heretofore made for the blind institute, shall not be defeated by 
 this ordinance; And ■provided fiirlhtr, That an account shall be 
 kept of the receipts into the treasury from each swamp land 
 district, for the purpose of future adjustment with said districts, 
 and that, in all cases, where the state has made any grant of 
 lands for any specific purpose, or has set apart, or invested lands 
 for any such purpose, for railroads, reclamation, or any purpose 
 of internal improvement, the proceeds arising from the sale of 
 said lands, as contemplated by this ordinajice, shall constitute 
 a trust fund, subject to be appropriated by the General Assem- 
 bly for such purpose and object, whenever peace may be 
 restored, and to that end, the state will account for the same 
 with six per centum interest thereon,to be ocmputed on the respec- 
 tive amounts received into the treasury down to the close of eacli 
 fiscal year. 
 
 Sec. 2. A state tax for the year 1862 shall be levied on all 
 the objects of taxation enumerated in sections one and two of 
 Gould's Digest, and on all sums of money, over and above his 
 liabilities, on hand at the time of the assessment, amounting to 
 one-third of one per centum on the assessed value thereof, for 
 the said year, and a supplemental tax of one-sixth of one per 
 centum shall be levied as a state tax, on all such objects of 
 taxation, for the year 1861, and it shall be the duty. of each 
 clerk of the county court to issue his warrant to the collector 
 of his county, commanding him to collect a supplemental tax 
 of one sixth of one per centum on all objects assessed for taxa- 
 tion, for state purposes, fjr the year 1861, and such collector 
 shall colle'ct and account for the' same in the manner now 
 required by law; Provided, That the assessors and colleatorsof 
 revenue shall not be allowed any compensation for assessing 
 
THE CONVENTION. 57 
 
 or collecting the extra taxes authorized to be levied and col- 
 lected by this ordinance. 
 
 Sec. 3. There shall be immediately issued, by the treasuer of 
 the state, bond?, to be denominated Arkansas vyar bonds, to the 
 amount of two millions of dollars, for the sums of five, ten, 
 twenty, fifty, one hundred, two hundred, three hundred, four 
 hundred and five hundred dollars each, properly lettered, num- 
 bered and re^stered, by each of which bonds the state shall 
 promise to pay the surn therein specified, to the bearer, at the 
 expiration of five years from the first day of July, A. D. 1861, 
 with interest at the rate of eight per centum per annum from 
 the date thereof, with coupons attached, for the payment of 
 said interest. The treasurer shall keep a well bound book, in 
 which he shall register each sale of said bonds, the amount and 
 date of each bond, and the name of the purchaser. When the 
 said bonds are ready for issuance, the treasurer shall present 
 the same to the auditor, who shall countersign the same, keep 
 a record thereof, return them to the treasurer and charge hira 
 with the amount on the books in the auditor's office; Provided, 
 That the military board shall have power to direct the auditor, 
 in all cases, to draw warrants for specie or bonds, as they may 
 see proper. 
 
 Sec. 4. The sum of one hundred and sixty thousand dollars 
 annually, or so much thereof as may be necessary to pay the 
 interest on bonds actually sold, out of the revenue of the state, 
 is hereby appropriated for the payment of the interest on the 
 bonds, to be issued as hereinbefore provided for, which interest 
 shall be due and payable on each of said bonds at the end of 
 every six months from the date thereof, and the coupons here- 
 inbefore mentioned shall be so arranged and printed as to con- 
 form to the provisions of this section for the payment of said 
 interest; and the treasurer shall, upon the payment of the reve- 
 nue, each year, into the state treasury, set apart and retain a 
 suflicient sum out of said revenue, to be devoted and appro- 
 priated solely to the payment of the interest on such of said 
 bonds as may have been negotiated, which interest shall be 
 made payable at the state treasury. 
 
58 ORDINANCES OF 
 
 Sec. 5. The bonds hereinbefore provided for shall be offered 
 for sale h}^ the treasurer, and he shall publish proposals for the 
 Bale of said bonds, to be made at his office, and such other 
 places as he may designate in said proposals; and all funds 
 arising from the sale of said bonds shall constitute a part of 
 the revenue of the state for military and other state purposes. 
 
 Sec. G. The failh of the State of Arkansas, and all the pub- 
 lic lands thereof, are hereby pledged for the .payment and 
 redemption of said bonds. 
 
 Sec. 7. When there ai'e not such sufficient par funds in the 
 treasury to pay any warrant drawn by the auditor, (without 
 disturbing the amount set apart to discharge the interest on the 
 said war bonds,) it shall be the duty of the treasurer to isswe to 
 to the holder of such warrant, a treasury warrant for the amount 
 due, bearing interest at the rate of eight per centum per 
 annum, from the date of the same, and payable to the person 
 entitled to such warrant, or to bearer. 
 
 Sec. 8. The treasurer shall keep a register, in a well bound 
 book, of all warrants issued by him, and shall issue such war- 
 rants in such form, and with oUch devices, as may be best cal- 
 culated to prevent frauds upon the treasury, vi'hich warrants 
 shall be dated and numbered, and paid according to their date 
 and number. No warrant ol a later date shall be paid until 
 all of a prior date and number shall have been paid, unless 
 when there may be funds enough in the treasury to pay all of 
 a prior date and number, and when such ma}'' be the case, it 
 shall be the duty of the treasurer, especially to set apart a 
 sufficient fund to pay all warrants of a prior date and number 
 which are unpresented, and apply the residue of the funds on 
 hand to the payment of those presented in their regular order 
 of date and number; Provided, hoioever, That such warrants 
 shall, at all times, be receivable from collectors and receivers 
 of state revenue, without regard to date or number. 
 
 Sec. y. No sum due from the state, except interest upon the 
 bonds authorized by this ordinance, shall be paid from the 
 treasury, in par funds whilst there are any outstanding and 
 unpaid treasury warrants, or scrip, unless when there may be 
 
THE CONVENTION. 59 
 
 funds enough in the treasury to pay all outstanding warrants, 
 which shall be set apart for that purpose, and the residue on 
 hand applied to the payment of such dues. 
 
 Sec. 10. The bonds so authorized to be issued, with coupons 
 attached to the same, and treasury warrants with interest due 
 thereon, shall be receivable, at par, in payments of debts due 
 to the Bank of the State of Arkansas, and Real Estate Bank 
 of the State of Arkansas; in payments lor any debt due to the 
 state, either in her own right or as trustee; in payment for the 
 purchase of any lands belonging to the state, and in payment 
 of state revenue. 
 
 Sec. 11. Every collector of revenue, and other agent for the 
 securing of moneys for the state, shall pay into the state treas- 
 ury the precise funds which he shall receive or collect, whether 
 it be in treasury warrants, bonds, coupons, or coin; and every 
 such collector and agent, and every bank officer shall indorse 
 on each treasury warrant, bond and coupon, Avhich he shall 
 receive, in accordance with the provisions of this ordinance, 
 the name of the person from whom he received the same, and 
 the date upon which he received it; from the date of which 
 indorsement such bond or treasury warrant, as the case may be, 
 shall cease to bear interest; and every such agent, collector, or 
 bank officer, who shall purchase, either directly or indirectly, 
 any of such bonds, warrants or coupons, with any money, 
 coin, or other funds, received by him for the state, or either of 
 said banks, shall be deemed guilty of a high misdemeanor, for 
 each purchase so made, and upon conviction thereof, shall be 
 fined in any sum not less than one thousand dollars; and every 
 such collector, agent, or bank officer, who shall fail to indorse 
 the date of receiving, and the name of the person from whom 
 he received any such bond, warrant, or coupon, as hereinbefore 
 provided, shall, for each such failure, be deemed guilty of a 
 high misdemeanor, and on conviction thereof, shall be fined in 
 any sum not less than fifty dollars. 
 
 Sec. 12. It shall be the duty of the treasurer immediately to 
 cancel all bonds, coupons and warrants, which may be paid 
 into the treasury by collectors, or receivers of state funds, or 
 
60 ORDINA^'CES OF 
 
 which may be redeemed by him with coin; and no bond, war- 
 rant, or coupon, shall be re-issued by the treasurer. 
 
 Sec. 13. All the laws of the State of Arkansas, relating to 
 the counterfeiting and uttering counterfeit bank notes, and to 
 falsely issuing bonds and warrants of the state, shall apply to 
 the counterfeiting and uttering counterfeits of such bonds, 
 coupons and warrants. 
 
 Sec. 14. A sufficient sum of money is hereby appropriated 
 out of any moneys in the treasury, not otherwise appropriated, 
 to pay the expense of preparing and printing said bonds, 
 coupons and treasury warrants. 
 
 Sec. 15. As said bonds, hereinbefore provided for, shall 
 return into the treasury, others, due at the same time for the 
 same amounts, and bearing the same interest as those returned 
 may be issued in their places, until the expiration of three 
 years from the passage of this ordinance; after which time they 
 shall be redeemable at the pleasure of the state, and shall 
 cease to bear interest after they are called in by the treasurer 
 for redemption. 
 
 Sec. 16. This ordinance shall continue in force from its 
 adoption until repealed by this convention, or the General 
 Assembly of this state. 
 
 Adopted, and passed in and by the convention, on the 28th 
 day of May, A. D. 1861. 
 
 DAVID WALKER, President of the 
 Convention of the State of Arkansas. 
 Attest: 
 
 Eli AS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention. 
 
THE CONVENTION. 61 
 
 AlSi ORDINANCE— Providing for special sessions of conn ht 
 
 courts. 
 
 Be it ordained by tlie people of the State of Arkansas, in 
 convention assembled, That it shall be lawful for the county 
 court of any county in this state, upon the call of the presiding 
 judge of said court, at such time as he may appoint, to hold a 
 special session of said court, with power to transact any and 
 all business which may come before it, and within the scope of 
 its jurisdiction. 
 
 Adopted, and passed in and by the convention, May 29th, A. 
 D. 1861. 
 
 DAVID WALKER, President of the 
 Convention of the Slate of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the State Convention of Arkansas. 
 
 •k 
 
 AN ORDINANCE— To postpone the time of the sale of the lands 
 in the Fort Wayne reserve. 
 
 Be it ordained by the people of the Slate of Arkansas, in 
 convention assembled, That the lands of the Fort Wayne reserve 
 shall not be offered for sale until the first Monday of October 
 next; after sixty days notice of the same. 
 
 Adopted, and passed in and by the convention, on the 30lh 
 day of May, A. D. 1861. 
 
 DAVID WALKER, President of the 
 
 State Convention of Arkansas. 
 Attest: 
 
 EuAs C. Boudinot Secretary 
 
 of the Arkansas State Convention. 
 
62 ORDINANCES OP 
 
 AN ORDINANCE — Supplementary to an ordinance entitled ^^An 
 ordinance to pj-ovide revenue for the State of Arkansas. 
 
 Be it ordained by the people of the State of Arkansas, in 
 cnnventio'n asscinbhd, That the ordinance entitled, " Aw ordi- 
 nance to provide revenue for the State of Arkansas," adopted 
 May 29th, 1801, shall not be so construed as that said oi-dinance. 
 shall, in any manner, conflict with the first , section of an. ordi- 
 nance, entitled, " An ordinance to provide for the payment of 
 debts due from the government of the United "States to citizens 
 of the State of Arkansas, out of moneys seized from the United 
 States, by the State of Arkansas;" but the moneys in the hands 
 of the vari<)us land officers in the State of Arkansas, apprb- 
 .priated by the ordinance last aforesaid, shall not be included in 
 the moneys appropriated as a part of the revenue of the state, 
 by the ordinance to which this ordinance is supplemental. 
 
 Adopted, and passed in and by the convention, on the 30th 
 day of May, A. D. 1861. . 
 
 DAVID WALKER, President of the 
 
 State Convention of Arkansas. 
 Attest: 
 
 Elias C. BouDiNOT, Secretary • 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE — To prevent aid and comfort from being 
 given to the enemy. 
 
 Whereas, War exists between the Confederate States of 
 America and the United States of America, by the act of the 
 latter; Now therefore, the people of the State of Arkansas, in 
 convention assembled, do ordain: 
 
THE CONVENTION. 63 
 
 Section 1 . That every citizen of any one of the said United 
 States of America, is, and henceforward shall be taken and 
 regarded as an alien enemy of the people of the State of 
 Arkansas, so long as the state whereof he is a citizen, shall 
 continue to be one of said United States, or at war with said 
 Confederate States; and all the consequences and incidents of 
 such status of alien enemy shall, during the whole of such time, 
 attach to him or her; and the same law and rule shall apply to 
 all residents of the District of Columbia and of any territory 
 of the United States, so long as such district or territory shall 
 continue to be held and occupied by the said United Stdtes, 
 until said war shall cease. 
 
 Sec. 2. Any citizen of this state, or person resident herein, 
 Avho shall, after the adoption of this ordinance, pay or remit to 
 any alien enemy, in discharge of a debt or otherwise, any 
 moneys or other thing of value, whatever, or shall place the 
 same in the hands of another, to be so paid or remiitcd, and 
 any attorney at law, or other person, who shall collect, or 
 receive from any person in this state, any moneys or other 
 thing of value, for any alien enemy, or on account of a debt 
 due any alien enemy, or shall take and receive in trust, by, or 
 without conveyance, any property or moneys, whatever, for 
 any alien enemy, and shall pay or deliver the same to such 
 alien enemy, shall be deemed guilty of a high misdemeanor, 
 and of giving aid and comfort to the enemy: and being convic- 
 ted thereof, upon indictment in the proper court, shall be im- 
 prisoned in the jail and penitentiary bouse of the state, not less 
 tlian one nor more than five years, and pay to the state, for the 
 use of the military chest, a fine, equal to the amount so 
 received for. or paid over to the enemy. And these provisions 
 shall apply to all attorneys at law, who permit such moneys to 
 be collected by or upon execution issued, or jifdgment obtained 
 in the name of, or for the use of any alien enemy; Provided, 
 That this section of this ordinance shall not take effect until 
 after the lapse of twenty days from the passage of thi.-< ordi- 
 nance, except where the party so acting- shall have actual 
 notice hereof at an earlier period; And 'provided furtkcr, That 
 
64 ORDINANCES OF 
 
 all motie^'s or property, of any kind soever, now belonging to, 
 or in any manner connected with, or which may hereafter 
 belong to, or be, in any manner, connected with the American 
 Bible Society, be, a^nd the same are hereby exempted from the 
 provisions of this ordinance in as full and complete a manner 
 as if the same had not been adopted, and all citizens of the 
 State of Arkansas, acting as agents of said society within the 
 state shall be allswed to continue the distribution of the bible 
 in said state, free from any molestation or restriction. 
 
 Sec. 3. Every suit now pending in this state in any form of 
 action for the recovery of moneys, the plaintiffs or either of the 
 plaintiffs in which, or the person for whose use the suit is brought, 
 either actually or upon the record, or in secret trust, is an alien 
 enemy, shall be suspended and stand continued until the dis- 
 ability of such plaintiff or person is removed, and every execu- 
 tion issued on any judgment obtained by, or /or the use of any 
 such person or persons, shall be and is ordered to be returned; 
 such suit shall be ordered to stand continued upon motion and 
 proof of the disability of the plaintiff or benehciary in each 
 and every such suit summarily heard; and such execution may 
 be returned, on motion made in vacation before the judge of 
 the court, who shall hear such proof at chambers, and summa- 
 rily dispose of such motion; the attorneys or counsel of the 
 plaintiffs may be summoned and required to testify fully upon 
 such motions, without regard to any privilege whatever; and 
 there shall be no formal pleadings, issue or trial. 
 
 Sec. 4. It is hereby made the duty of every such attorney at 
 law, forthwith to cause every ruch execution to be returned, 
 and to continue or dismiss every such suit. 
 
 Sec. 5. All sales, or contracts for sales, of any lands holden 
 in this state, by any citizen or citizens, corporation or company, 
 resident, or being in, or citizens of any ©•ne or more of sail 
 United States, or the territories thereof, and any and all bond 
 or bonds, or other assurances, or agreements, or contracts, for 
 title to any such lands, made, executed or agreed to, subsequent 
 to the sixth day of May, A. D., 1861, and during the disability 
 aforesaid, are hereby declared to be utterly and absolutely void 
 
THE CONVENTION. 65 
 
 and of no effect, and all the courts of this state shall so hold 
 and consider the same. 
 
 Sec. G. This ordinance shall not apply and have effect as to 
 citizens of the states of Delaware, Maryland, Kentucky, North 
 Carolina or Missouri, or of the Indian nations on our frontiers. 
 or the territories of Arizona and New Mexico. 
 
 Sfift 7. All persons, firms or corporations within this state, 
 who are now indebted to citizens or corporations of any of the 
 United States or territories thereof, or the district of Columbia, 
 except the states and territories named in the preceding section 
 of this ordinance, shall pay the amount of their indebtedness 
 to the treasurer of this state, subject to the same stay as other 
 debts of the same character, who shall execute a receipt there- 
 for, to the person, firm or corporation making such payment: 
 and the faith of the state is hereby pledged to hold them harm- 
 ess against the claims or demands of the persons or corpora- 
 rations to whom the moneys so paid may be due. 
 
 Sec. 8. In case a claim shall be due to plaintiffs, one or 
 more of whom shall be alien enemies, and one or more of 
 whom shall not be alien enemies, a suit may be brought in the 
 name of the citizen, or alien friend, for so much as shall be due 
 him, and it shall be sufficient for th^ plaintiff" to aver that the 
 other claimant is an alien enemy; and the courts may order 
 an execution for a portion of any judgment, where it shall 
 appear that such portion is due to a person authorized to sue. 
 
 Sec. 9. All debts or accounts hereafter contracted by any of 
 our citizens for arms, munitions of war, or provisions, with citi- 
 zens of rinn-slaveholding states, shall be held good in law and 
 equity as heretofore. 
 
 Sec. 10. All moneys received in the state treasury from the 
 citizens of this state, under the operations of this ordinance 
 who are indebted to citizens of the United States, shall be 
 accounted for and paid to sucli creditors by this state, upon a 
 final adjustment of pending difficulties between the Confeder- 
 ate States and the United States, under the terms of any treaty 
 of peace that may be negotiated between the Confederate 
 
 States and the United States. 
 5 
 
66 ORDINANCES OF 
 
 Sec. 11. This ordinance may be repealed in whole or in part 
 by the General Assembly, at any regular session thereof. 
 
 Adopted and passed in and by the convention, on the 30th 
 day of May, A. D., 18G1. 
 
 DAVID WALKER, Presided 
 
 of the Arkansas Slate Convention. 
 Attest: # 
 
 Eli AS C. Boudinot, Secretary 
 
 of the Convention. 
 
 AN ORDINANCE to provide for the relief of the families of 
 volunteers in actual service, in certain cases . 
 
 Section 1. Be it ordained by the people of the State of Arkansas 
 in convention assembled, Th^t the county courts of this state be, 
 and they are hereby empowered to set apart and appropriate 
 as a fund for the relief and support of the families of volun- 
 teers while in actual service, when from affliction or indigence 
 such relief may be necessary, so much of the special tax which 
 the said courts are authorized to levy by an ordinance adopted 
 by this convention on the eleventh day of May, A. D., 1861, 
 entitled " an ordinance to levy a tax for military and other 
 purposes," as in the judgment of either of said courts may be 
 necessary to constitute the relief fund herein contemplated; 
 Provided, That the fund raised and appropriated shall, in all 
 cases, be expended for the benefit of families of volunteers 
 residing in the county where the same is raised; and the col- 
 lector of revenue shall receive no compensation for collecting 
 the tax provided for by said ordinance above referred to. 
 
 Sec. 2. Be it Jurther ordained, That the county courts be 
 
THE CONVENTION. (57 
 
 authorized to issue county scrip, anticipating the tax necessary 
 to effect the objects of the preceding section. 
 
 Sec. 3. Be itfurlhtr ordained, That the county courts of this 
 state be, and they are hereby authorized and empowered to 
 appoint and raise semi-annually, a home guard of minute men 
 whose term of service shall be for three months in their respect- 
 ive limits, to consist of companies of not less than ten for each 
 township, vi'hose officers, when elected by the companies respect- 
 ively, shall be commissioned by the county courts, and whose 
 duty it shall be to see that all slaves are disarmed, to prevent 
 the assemblage of slaves in unusual numbers, to keep the slave 
 population in proper subjection, and to see that peace and order 
 are observed; and said guard are authorized to arrest all sus- 
 pected persons, and bring them before some justice of the 
 peace, without warrant for trial by the civil authorities; the 
 home guard of minute men shall be armed and equipped by 
 each county, at its own expense, out of the tax provided for 
 by said ordinance, "to levy a tax for military and other purposes," 
 and compensation may be made to said guard out of said tax, 
 [f, in the discretion of the county court, such compensation 
 should be made. The home guard shall assemble in their 
 respective township^ to take precautionary measures at least 
 once in each week, at the call of the commanding officer, and 
 shall be momentarily ready for service at his call; persons 
 engaged in this branch of duty shall, upon failure to obey t^e 
 call to duty by the commander, forfeit not lees than one dollar 
 nor more than five dollars for each offence, to be collected in 
 the name of the presiding judge of the county court, before 
 any justice of the peace, to be applied by the county court in 
 defraying the expenses of this branch of the public service, 
 unless it shall be shown that such fail;\re was the result of 
 sickness or other good cause. A general commander shall be 
 appointed for each county by the several county courts, whose 
 duty it shall be, when necessary, to take charge of all the home 
 guard minute men in his county and direct their operations; 
 and the county court is authorized to issue county bonds or 
 
68 ORDINANCES OF 
 
 scrip, for the purpose of raising money immediately to meet 
 the expenses contemplated by this section. 
 
 Sec. 4. Be it furlhcr ordained, That this ordinance shall be 
 repealable by the General Assembly of this state, and this 
 ordinance shall be in force from and after its adoption. 
 
 Adopted and passed in and by the convention, on the 30th 
 day of May, A. D., 1861. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention, 
 
 Attest: 
 
 Eli AS C. Boudinot, Secretary 
 
 of the Convention. 
 
 AN ORDINANCE a-ppropriating a sum of money. 
 
 Be it ordained hy the people of the State of Arkansas in 
 Convention assembled, That the sum of five thousand dollars 
 be, and the same is hereby appropriated to General Thomas 
 n. .Bradley, out of any money now in the treasury, it 
 being for money advanced to General James Yell, for the 
 Arkansas troops opposite Memphis, if he has not retained such 
 .sum so advanced out of the ten thousand dollars heretofore 
 appropriated; if he has, .the said five thousand dollars shall be 
 placed in the military chest of the aecond (division of Arkansas 
 volunteers. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 18G1. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas, 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention, 
 
THE CONVENTION. . 69 
 
 AN ORDINANCE In rdation to -proceedings ptnding in the, 
 courts of the United States. 
 
 Be it ordained by the people of the State of Arkansas in conven- 
 tion assembled, That all proceedings pending in the late courts 
 «f the United States, in this state, shall be transferred to the 
 courts of the Confederate States, in the same manner as though 
 the proceedings had been commenced in the said courts of the 
 Confederate States, and said courts shall have power to deter- 
 mine and dispose of said proceedings, and enforce the judg- 
 ments and decrees rendered in said United States courts. 
 
 Be it further, ordained, That cases pending in the supreme 
 court of the United States from this state, if they shall be here- 
 after determined, the adjudication shall be enforced. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE concerning revenue. 
 
 Be it ordained by the people of ike State of Arkansas in conven- 
 tion assembled: 
 
 Section 1. That the collectors of the public revenue shall 
 not receive from any person more than two-thirds of the tax, 
 or revenue, due from such person to the state, in state bonds, 
 coupons or treasury warrants. And the other third part of the 
 taxes, or revenue due from such person, shall, in every instance. 
 
70 ORDINANCES OF 
 
 be paid in coin, notwithstanding such person may have in his 
 possession, and tender in payment, bonds, coupons or ^^scrip; 
 Provided, That tax-payers shall have the right to pay the amount 
 required to be paid in coin, in over-due coupons that may be 
 redeemable for the year that the taxes are due. 
 
 Be it furl// er ordaintd, That every sheriff" or other collector 
 of taxes for the State of Arkansas, who has not paid into the 
 state treasury the revenue due the state for the year 1860, from 
 the county for which he is collector, shall collect and pay the 
 same, or such part thereof as remains unpaid, into the treasury 
 in coin. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas Stale Convention. 
 
 AN ORDINANCE attaching a part of the county of Sebastian 
 to the counties of Scott and Polk.. 
 
 Beit ordained by the pcopJt of the State of Arkansas, in con- 
 vention assembled: 
 
 Section 1. That all that part of Sebastian county lying south 
 of the Poteau IMountain, and taken from the county of Scott 
 for the purpo.'se of creating the county of Sebastian, be, and is, 
 hereby attached to and made a part of the county of Scott. 
 
 Sec. 2 Be it further ordained, That all that part of Polk 
 county which was taken by an act of the General Assembly in 
 the creation of Sebastian county, be, and is, hereby attached 
 to and made a part of the said county of Polk. 
 
THE CONVENTION. 71 
 
 Sec. 3. Be it further ordained, That nothing in this ordinance 
 shall be#60 construed as to effect any suit now pending in any 
 court of justice, or the collection of revenue in the counties 
 herein named. 
 
 Sec. 4. Be it further ordained, That this ordinance shall 
 be in force from its adoption. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 
 oj the Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE for the relief of Richard H. Thompson, as 
 sheri^ and collector of the comity of Jefferson; James C. Dren- 
 nen, as sheriff and collector of the county of Columbia; James 
 Norris, as the sheriff and collector of the county of Ashley; 
 Robert Sewel, as sherif and collector of the county of Union; 
 and W. A. Alexander, as sheriff and collector of the county of 
 Hempstead. 
 
 Whereas, Richard H. Thompson, as sheriff and collector of 
 the county of Jefferson; James C. Drennen, as sheriff and col- 
 lector of the county of Columbia; James Norris, as the sheriff 
 and collector of the county of Ashley; Robert Sewel, as the 
 sheriff and collector of the county of Union; and W. A. Alex- 
 ander, as sheriff and collector of the county of Hempstead, 
 have not, as yet, fuliy paid into the treasury of the State of 
 Arkansas, the taxes due from said counties to the State of 
 Arkansas for the year 18G0, as they were required to do by 
 
72 ORDINANCES OF. 
 
 law; And whereas, this convention is satisfied that said default 
 so made by the said sheriffs and collectors abova named, 
 respectively, was not so made with any view of defrauding the 
 state, but was caused by the stringency of the times and the 
 existence of the present war; therefore, 
 
 Bt it ordained by the people of the Stale of Arkansas in con- 
 vention assembled, That the governor of the State of Arkansas 
 is hereby authorized, empowered and instructed to release such 
 of the above named sheriffs and collectors from the penalty 
 now prescribed against them by law for such default, who shall, 
 within sixty days from the adoption of this ordinance, pay into 
 the state treasury the full amount of the taxes due from the 
 said counties of Jefferson, Columbia, Ashley, Union and Hemp- 
 stead, respectively, for the year 1860, and produce to the 
 governor the legal vouchers of such payments; Provided, That 
 neither of the said sheriffs and collectors, who shall fail to pay 
 the full amount of taxes due to the state from the county of 
 which he is sheriff and collector as aforesaid, for the year 1860, 
 into the state treasury within sixty days from the date of the 
 adoption of this ordinance, shall be, nor shall either of his 
 securities be, in any wise, released by this ordinance, or by any 
 authority given under this ordinance, from any penalty which 
 has or may accrue against him on account of such default or 
 otherwise. 
 
 Adopted and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 of the Convention of the State of Arkansas. 
 Attest: 
 
 Eli AS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention. 
 
THE CONVENTION. 73 
 
 AN ORDINANCE to aid the Military Board. 
 
 Be it ordained bt/ the people of the Slate oj Arkansas in con- 
 vention assembled, That the military Board of this state are hereby 
 authorized and they shall have the power to appoint all agents 
 which shall be deemed necessary to carry into execution the 
 powers heretofore conferred upon them, and to compensate 
 such agents for such services as may be rendered. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A.D. 18G1. 
 
 DAVID WALKER, President oJ the 
 
 Slate Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE to restore in part the militia law of this 
 
 Slate. 
 
 Sectioit 1. Be it ordained by the people of the State of Arkansas 
 in convention assembled, That the ordinance passed by this 
 convention, entitled " an ordinance to suspend the operation 
 of an act of the General Assembly, entitled ' an act amenda- 
 tory of the militia laws of Arkansas,' approved the lilst of 
 January, 1861," be, and the same is, hereby repealed. 
 
 Sec. 2. Be it further ordained. That the act of the General 
 Assembly mentioned in the first section of this ordinance, be, 
 and the same is, hereby declared to be in full force and effect; 
 Provided, That nothing in said act of the General Assembly, 
 or this ordinance, shall be so construed as to authorize militia 
 officers or privates to draw any pay from the treasury of this 
 state unless such officers or privates shall have been called into 
 
74 ORDINANCES OP 
 
 the actual service of this state by order of the military board, 
 nor shall any mone}' be paid out of the treasury under the act 
 aforesaid except by order of the military board. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 ' Elias C. Boudinot, Secretary 
 
 of the Arkansas Stale Convention. 
 
 AN ORDINANCE— /« relation to the chief justice of the 
 
 supreme court. 
 
 Be it ordained hy the people of the Slate of Arkajisas in Conven- 
 tion assembled, That, that portion of the constitution adopted by 
 this convention, providing that the judge of the supreme court, 
 holding under the oldest commission, should be chief justice, 
 shall not be so construed as to change the relations of the 
 present incumbents, during their present terms of office. 
 
 Adopted, and passed in and by the convention, on the 1st 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 
 of the State Convention of Arkansas. 
 Attest: 
 
 EuAS C Boudinot, Secretary of 
 
 the Arkansas Slate Convention. 
 
THE CONVENTION. 75 
 
 i : ■ - ^ — 
 
 AN ORDINANCE — To authorize the people of the county of 
 Jackson to create a new county out of its present li?nits. 
 
 Section 1. Be it, and it is hereby ordained by the people of the 
 State of Arkansas in convention assembled, That it shall be law- 
 ful for the people of the county of Jackson, in the State of 
 Arkansas, at any time hereafter, when they may see proper to 
 do so, to create a new county out of, and within the present 
 limits of said county, including any other territory that may 
 hereafter be acquired by said county. 
 
 Sec. 2. Before any new county shall be constituted, it shall 
 be determined by a majority of the voters of said county, to be 
 taken under orders of the several county courts of said county. 
 
 Sec. 3. If it shall be determined by such vote that a new 
 county may be established, then it shall be lawful for said 
 county, by order of the several county courts therein, to elect 
 five commissioners, who shall have full power and authority to 
 define the boundaries of such new county, which election shall 
 be governed by the same rule and regulations now provided by 
 law for holding the general elections of the state. 
 
 Sec. 4. Such new county, when so established, shall be enti- 
 tled to the same representation in the General Assembly of this 
 state as other counties are now entitled to, according to the 
 ratio of representation now existing, and be subject to any 
 changes that may hereafter be made bylhe General Assembly. 
 
 Sec. 5. After such new county shall be established, as here- 
 inbefore provided, the qualified voters of said new county may 
 elect three commissioners, who shall have full power to locate 
 a permancnii county seat, of said new county, and to do all 
 other acts which may be necessary to be done to a complete 
 organization of sucb new county; Provided, That said election 
 may be conducted, in all things, according to the law of hold- 
 ing general elections in this state. 
 
 Sec. 6. This ordinance shall be in force from and alter its 
 adoption, and all laws by way of ordinance, or otherwise, in 
 conflict herewith, shall be null and void. 
 
76 ORDINANCES OF 
 
 Adopted and passed in and by the convention, on the lat 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 of the Convention of the Slate of Arkansas. 
 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas Stale Convention. 
 
 AN ORDINANCE — Supplementary to an ordinance entitled '■^An 
 ordinance to authorize the people of the county of Jackson to 
 create a new county out of its present limits.''^ 
 
 Be it ordained by the people of the Stale of Arkansas in con- 
 ventinn assembled, That the provisions of the ordinance, enti- 
 tled " An ordinance to authorize the people of the county of 
 Jackson to create a new county out of its present limits," shall 
 apply to the people of the counties of Johnson, Lafayette and 
 Sevier counties. 
 
 Adopted and passed in and by the convention, on the 
 1st day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 of the Convention of the Stale oj Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
 « 
 
THE CONVENTION. 77 
 
 AN ORDINANCE — lu relation to the army and militia of the 
 State of Arkajisas. 
 
 Se it ordained hy the people of the State of Arkansas in conven- 
 tion assembled, That, that portion of the militia and army of 
 Arkansas, no\A', or hereafter called into actual service, shall be 
 subject to the rules, regulations and articles of war of the Con- 
 federate States, except so far as they are in conflict with the 
 ordinances of this convention. 
 
 Adopted and passed in and by the convention on the first day 
 of June, A. D. 18G1. 
 
 DAVID WALKER, President 
 of the Convention of the State of Arkansas. 
 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the State Convention of Arkansas. 
 
 AN ORDINANCE— To provide for filling certain vacancies. 
 
 Be it ordained by the people of Arkansas in convention 
 assembled, That in the event a vacancy should occur, by death, 
 resignation, or otherwise, in the offices of brigadier-general or 
 major-general, created by the ordinances of this convention, it 
 shall be the duty of the military board to fill such vacancy, and 
 this ordinance shall be in force from and after its adoption. 
 
 Adopted, and passed in and by the convention, on the Isl 
 day of June, A. D., 18G1. 
 
 DAVID V^ALKER, President of the 
 
 Convention of the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 
ORDINANCES OF 
 
 AN ORDINANCE — To divide the Slafe of Arkansas into con- 
 gressional districts. ^ 
 
 lie it ordained by the people of the Stale of Arkansas in con- 
 vention assembled, That the State of Arkansas be, and the same 
 is hereby divided into four congressional districts, a3 follows: 
 
 The counties of Benton, Washington, Madison, Carroll, 
 Newton, Crawford, Franklin, Johnson, Pope, Marion, Searcy, 
 Van Buren and Conway, shall constitute the first congressional 
 district. 
 
 The counties of Sebastian, Scott, Polk, Sevier, Yell, Mont- 
 gomery, Pike, Hempstead, Lafayette, Columbia, Ouachita, 
 Clark, Perry and Hot Spring, shall constitute the second con- 
 gressional district. 
 
 The counties of Pulaski, Saline, Dallas, Calhoun, Union, 
 Jefferson, Bradley, Drew, Ashley, Chicot, Desha, Arkansas and 
 Prairie, shall constitute the third congressional district. 
 
 The counties of Fulton, Izard, Randolph, Lawrence, Greene, 
 Independence, White, Jackson, Craighead, Poinsett, St. Francis, 
 Crittenden, Mississippi, Monroe and Phillips, shall constitute 
 the fourth congressional district. 
 
 An election for a member to the Congress of the Confederate 
 States shall be held in each of said districts, at the time named 
 and specified by said Congress of the Confederate States of 
 America. 
 
 Adopted and passed, in and by the convention, on the 1st 
 
 day of June, 1861. 
 
 DAVID WALKER, President 
 
 of the Convention of the State of Arkansas. 
 Attest: 
 
 EuAS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention. 
 
THE CONVENTION. 79 
 
 AN ORDINANCE— Authorizing the judges of the county 
 courts th^m/ghout the state to receive resignations of mtmbtrs 
 of this convention, and order elections for filling the vacancies 
 occasioned hy such i-esignations . 
 
 Be it ordained hy the people of the State of Arkansas, in 
 convention assembled, That the several presiding judges of the 
 county courts throughout the state, be, and they are hereby 
 authorized and empowered to receive the resignations of mem- 
 bers of this convention, and on receipt of such resignations to 
 order elections to fill the vacancies occasioned by such resigna- 
 tions, and to order elections to fill all vacancies occasioned by 
 death, removal or other cause. 
 
 Adopted, and passed in and by the convention, on the 1st 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President of the 
 Convention of the Stale of Arkansiss. 
 Attest: 
 
 Elias C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention . 
 
 AN ORDINANCE — Supple me nt ax y to the ordinance to provide 
 revenue for the state. 
 
 Be it ordained hy the people of the State of Arkansas in conven- 
 tion assembled, That the scrip or treasury warrants, provided to 
 be issued in the ordinance to provide revenue for the state, 
 adopted by this convention, shall be issued in sums not less than 
 iive dollars, at the election of the holder of the auditor's war* 
 rant, provided said auditor's warrant shall be for that or a 
 greater sum, if not, then for the sum specified in said warrant; 
 
80 ORDINANCES OF 
 
 and the treasurer shall be entitled to the same pay for issuing 
 and registering the scrip or warrants and bonds pr<^ded for by 
 said ordinance, as he is now entitled to receive for issuing 
 swamp land scrip, and a sufficient amount of money is hereby 
 appropriated out of the state treasury to pay said treasurer for 
 such services, and also to purchase the necessary books and 
 stationery to carry into effect the provisions of the revenue 
 ordinance, to be paid upon warrants to be drawn by the 
 auditor. 
 
 Adopted and passed in and by the convention on the 1st day 
 of June, A. D. 1861. 
 
 DAVID WALKER, President of the 
 Convention cf the State of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkarisas Stale ConvenlioH.\ 
 
 AN OTiXMUAl^C^— Requiring certain officers to pay certain 
 moneys to the stale. 
 
 Section 1. Be il ordained by the people of the State of Ar- 
 kansas^ in Convention assembled. That receivers of public mon- 
 eys of the United States, and all other persons, whatever, post- 
 masters excepted, who shall have any money in their hands 
 which belonged to the government of the United States, up to 
 the sixth day of May, A. D. 1861, shall be compelled, and they 
 are hereby required, within sixty days from the adoption of this 
 ordinance, to pay all such moneys in their custody, keeping, or 
 control, into the state treasury, and should any person who is 
 an officer of the State of Arkansas, fail or refuse to comply 
 with the requirements of this ordinance, he shall forfeit his 
 office, and the same upon such neglect or failure, shall be 
 
THE CONVENTION. 81 
 
 deemed vacant, and the governor shall, after such sixty days, 
 proceed to fill such vacanc)'. 
 
 Sec. 2. jBe it further ordained, That such persons or officers, 
 postmasters excepted, wh© shall wilfully refuse to comply with 
 the requirements of this ordinance, shall be deemed guilty of 
 a high misdemeanor, and, upon conviction thereof, shall be 
 lined in any sum not less than ten thousand dollars, q,nd may 
 be imprisoned not exceeding two years. 
 
 Sec. 3. Be it further ordained, That all such funds shall be 
 applied, as may be provided by existing ordinances, in payment 
 of dues from the late government of the United States to citi- 
 zens of the State of Arkansas, and of the Indian territory, west 
 of the State of Arkansas. 
 
 Adopted and passed in and by the convention on the 1st day 
 of June, A. D. 1801. 
 
 DAVID WALKER, President of the 
 
 Stale Convention of Arkansas. 
 Attest: 
 
 Elias C. Boudinot, Secretary 
 
 of the Arkansas State Convention. 
 • ■ 
 
 ••-♦^»>- >> M»» 
 
 AN ORDINANCE ratifijing the permanent Constitution of the 
 people of the Confederate States of America. 
 
 Be it ordained by the people of the Slate of Arkansas, in 
 Convention assembled, That the jconstitution of the people of 
 the Confederate States of America, prepared and tendered by 
 the delegates or deputies *of the States of South Carolina, 
 Georgia, Alabama, Mississippi, Florida, Louisiana and Texas, 
 in Congress assembled at the capitol of said Confederate States 
 of America, in the city of Montgomery, in the State of Ala- 
 bama, and by said delegates or deputies in said CongrcBs 
 
82 ORDINANCES OF 
 
 adopted on the eleventh da)^ of March, Anno Domini, one 
 thousand, eight hundred and sixty-one, be, and the same is 
 hereby ratified by the people of the State of Arkansas, as the 
 permanent constitution of the people of the said Confederate 
 •States of America. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President 
 of iht Convention of the, State of Arkansas. 
 Attest: 
 
 EuAS C. BouDiNOT, Secretary 
 
 of the Arkansas State Convention. 
 
 AN ORDINANCE for the benefit of Arkansas cov.nty. 
 
 m 
 Be it ordained by the people of the State of Arkansas in con- 
 vention assembled, That the present boundaries of the county of 
 Arkansas shall never be reduced below the present limits, unless 
 it shall be by the consent of a majority of the qualified voter* 
 of said county, expressed at a regular election. 
 
 Adopted, and passed in and by the convention, on the first 
 day of June, A. D. 1861. 
 
 DAVID WALKER, President of the " 
 < State Convention of Arkansas. 
 Attest: 
 
 E1.1AS C. BouDiNOT, Secretary 
 
 of the Arkania^ Slaie Convention. 
 
THE CONVENTION. 83 
 
 AN ORDINANCE regulating sales on executions and Iriisis. 
 
 Secteon 1. Be it ordained bij the people of the State of Arkan- 
 sas in convention assembly, That upon all judgments and 
 decrees rendered, or which may hereafter be rendered upon 
 debts, contracts or liabilities of a civil nature, iticurred prior f 
 the sixth of May, 1861, executions may issue as now provided 
 by law; Provided, hoiocver, That no sales shall be made upon 
 executions or decretal orders ah-eady issued upon such judg- 
 ments or decrees, or upon executions or decretal orders which 
 may hereafter be issued upon such judgments or decrees, until 
 the property levied upon by virtue of such executions or decre- 
 tal orders shall be valued by three disinterested persons, to be 
 summoned by the sherifi' or constable, having the execution or 
 decretM'-order in charge, which sheriff or constable shall admin- 
 ''ster the following oath to the persons so summoned, to-wit: 
 
 c« \Yg j^^d ^ (Jo severally solemnly swear that we 
 
 will truly value and appraise the property shown to us by 
 (sheriff, constable or trustee,) according to its market value on 
 the sixth day of November, 18G0, taking into consideration 
 additions for permanent improvements upon real estate, and 
 increased value arising from increased age of stock and slaves, 
 and making deductions for the destruction, injury to, or removal 
 of permanent improvements or real estate, and for deteriora- 
 tion by age or disease to personal property, so help me God." 
 And such appraisers shall make out an appraisement and sign 
 the same, which shall be attached to any returns w^ith the exe- 
 cution or other authority for sale; and after the valuation as 
 aforesaid has been made, no sales of such property shall be 
 made by the officer having charge of the execution or decretal 
 order, unless the same shall be bid off' at a sum not less than 
 four-fifths'of the valuation affixed by the appraisers aforesaid. 
 If such sum be not offered. for such property, it shall be the duty 
 of the officers to restore the property to the person in whope 
 hands it was levied upon, without any bond whatever. This 
 section shall not be so construed as to prevent any defendant 
 
84 ORDINANCES OP 
 
 from giving delivery bond, as now provided by law, and all 
 sales made by virtue of any execution issued upon forfeited 
 delivery bonds, in cases provided for in this section, shall be 
 made as provided for on original efecution; nor to prevent the 
 sale of perishable property seized on attachment or proceed- 
 ings in rem; And provided, That at any time after the expira- 
 tion of two years from the restoration of peace, any such pro- 
 perty so offered foi sale and not sold, may be seized and sold 
 under execution of such judgments, absolutely and without 
 reference to any such appraisement; And provided further, That 
 when any propert}'^ of a defendant shall be levied upon and 
 ofl'ered for sale under execution or decretal order, according to 
 the provisions of this section and shall not be sold, no further 
 execution on the same judgment ordecre6 shall issue for twelve 
 months, unless at the cost of the plaintiff. 
 
 Sec. 2. The provisions of this ordinance shall not apply to 
 debts contracted, or liabilites of a civil nature incurred since 
 the sixth day of May, 1861; but, in such cases, executions may 
 issue and be executed as now provided by law. 
 
 Sec. 3. The provisions of this ordinance, so far as applica- 
 ble, shall apply to sales made by administrators and guardians, 
 and other persons acting in a fiducial capacity. 
 
 Sec. 4. The provisions of this ordinance shall apply to sales 
 under mortgages and deeds of trust, executed prior to the sixth 
 day of May, 1801, wherein sales are authorized to be made by 
 individuals in the same manner and to the same extent as 
 though such sales were to be made by execution or decretal 
 order, by operation of lav/. 
 
 Sec. 5. Judgments and decrees of the circuit court, and 
 judgments of probate courts and justices of the peace, docketed 
 in the proper clerk's office, as well those already rendered, as 
 those hercafler to be rendered, shall be liens upon lands and 
 slaves, to the same extent and in the same manner as judg- 
 ments and decrees are wow liens upon real estate. 
 
 Sec. G. In all cases it shall be the duty of the officer having 
 charge of the execution or decretal order, and of persons mak- 
 
THE CONVENTION, 85 
 
 ing sale?, under mortgages and deeds of trust, to offer property 
 for sale in separate parcels, when the same is practicable, and 
 the same shall be appraised in separate parcels as fur as prac- 
 ticable. 
 
 Sec. 7. The provit^ions of this ordinance shall not be con- 
 strued to affect an ordinance adopted by this convention, enti- 
 tled " an ordinance for the relief of such citizens of the State 
 of Arkansas as may be engaged in the military service of the 
 State of Arkansas, or of the Confederate States." 
 
 Sec. 8. This ordinance fhall not be so construed as to prevent 
 the collection of interest due or to becoai,e due upon purchases 
 of school lands, known as sixteenth sections, or of interest due, 
 or to become due upon money loaned and belonging to 'the 
 school funds of the various townships of this state, or of interest 
 on debts due to minors; but the same may be collected in the 
 manner now prescribed b}' law; and it is further provided that 
 nothing in this ordinance shall be so construed as to prevent 
 the collection of taxes. 
 
 Sec. 9. This ordinance shall repeal and render null and void 
 the ordinance passed by this convention on the 20th day of 
 JMay, entitled " an ordinance concerning sales by sheriffs and 
 constables for the collection of debts." 
 
 Sec. 10. The time during which this ordinance is in force, 
 shall not be computed in any case where the statute of limita- 
 tions comes in question. 
 
 Sec. 11. This ordinance shall not apply to any liabilities 
 upon the part of public officers and their securities for them, 
 either to the state, counties or individuals, nor to .interest on 
 debts due to the state. 
 
 Sec. 12. It shall be the duty of the oflicer levying an execu- 
 tion, to levy on property as near the amount of the judgment 
 as possible, if the defendant has such property. 
 
 Sec 13. This ordinance may be repealed, amended or modi- 
 lied, by the General Assembly at any regular session thereof; 
 
S6 ORDINANCES OF 
 
 and this ordinace shall take eflect and be in force from and 
 after its adoption. 
 
 Adopted and passed in and by the convention, on the first 
 day of^June, A. D., 1861. 
 
 DAVID WALKER, President 
 
 of the Arkansas State Convention, 
 Attest: 
 
 Emas C. Boudinot, Secrttarxj 
 
 of the Convention. 
 
 AN ORDINANCE repealing an ordinance passed on the 2l5t 
 day of March, A. D., ISGl. 
 
 Be it ordained by the people of Arkansas in com^eniioji assem- 
 bled, That the ordinance passed by this convention on the 21st 
 day of March, A. p., 1861, entitled "an ordinance to provide 
 for holding an election in the State of Arkansas for the purpose 
 of taking the sense of the people of the state on the question 
 of ' co-apcratlon'' or ^ secession,' ^^ be, and the same is hereby in 
 all things repealed. 
 
 Adopted in and by the convention, May 7th, 1861. 
 DAVID W^ALKER, President 
 
 of the Arkansas State Convention. 
 Attest: • 
 
 Elias C. Boudinot, Secretarij 
 
 of the Convention. 
 
CONSTITUTIO]Sr 
 
 OF THE 
 
 STATE OF ARKANSAS 
 
 TRE AMBLE. 
 
 We, the people of the State of Arkansas, by our delegates in 
 convention assembled, at Little Rock, on Monday, the 4th 
 day of March, A. D. 1861, having the right to change, alter 
 or amend our constitution, or organic law, in order to secure 
 to ourselves and our posterity, the enjoyment of all the rights 
 of life, liberty and property, and the pursuit of happiness, do 
 mutually agree with each other to continue ourselves as a 
 free and independent state, by the name and style of " The 
 State of Arkansas," and do ordain and establish the follow- 
 ing constitution for the future government thereof: 
 
 ARTICLE L 
 
 BOUNDARIES OF THE STATE, 
 
 We do declare and establish, ratify and confirm the follow- 
 irtg as the permanent boundaries of the State of Arkansas, that 
 is to say: Beginning in the middle of the main channel of the 
 Mississippi river, on the parallel of thirty-six degrees north 
 latitude, running from thence west with the said parallel of 
 latitude to the St. Francis river; thence up the middle of the 
 main channel of said river, to the parallel of thirty^-six degrees 
 
88 CONSTITUTION 
 
 thirty minutes north; from thence west to the south- vvet?t cor- 
 ner of the State of Missouri; and from thence to be bounded 
 on the west to the north bank of Red river, as by acts of Con- 
 gress of the United States and the treaties heretofore defining 
 the western limits of the territory of Arkant^as; 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.tfie main channel of the Missis.-^ippi river; 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 consti- 
 tution thereof, adopted by a convention of the representatives 
 of the people of said state, on the 30th day of January, Anno 
 Domini, eighteen hundred and thirty-six. being the same bounr 
 'daries which limited the area of the territory of Arkansas, as 
 it existed prior to that time. 
 
 ARTICLE II. 
 
 DECLARATION OF RIGHTS. 
 
 That the great and essential principles of liberty and free 
 government may be recognized and eatablished, wt dtclare — 
 
 Section 1. That all free white men, when they form a social 
 compact, are equal, and have certain inherent and inde- 
 feasible rights, among which are those of enjoying and defend- 
 ing life and liberty; of acquiring, possessing, and protecting 
 property and reputation, and of pursuing their own happiness. 
 
 Sec. 2. Tlj^t all power is inherent in the people; and all 
 free governments are founded on their authority, and insti- 
 tuted for their peace, safety and happiness. For the advance- 
 ment of these ends, they have, at all times, an unqualified 
 right to alter, reform or abolish their government in such man- 
 ner as they may think proper. 
 
 Sec. 3. That all men have a natural and indefeasible right 
 to worship Almighty God according to the dictates of their own 
 consciences; and no man can, of right, be compelled to attend, 
 
OF AFvKANSAS. 89 
 
 erect or support any place of wort^hip, or to maintain any min- 
 istry, against his consent; that no human authority can, in any 
 case whatsoever, interfere with the rights of conscience; and 
 that no preference shall ever be given to any religious estab- 
 lishment, or mode or form of worship. 
 
 Se(;. 4. That the civil rights, privileges or capacities of any 
 citizen slvvH in no wise be (Jiiuini.shed or enlarged on account 
 of his religion. 
 
 Sec. 0. That all elections shall be free and equal. 
 
 Sec. G. That the right of trial by jury shall remain inviolate 
 to free white men and Indians. 
 
 Sec. 7. That printing presses shall be free to every person; 
 and no law shall ever be made to restrain the "rights thereof. 
 The free commlsnication of thoughts and Oijiinions, is one of the 
 invaluable rights of man; and every citizen may freely speak, 
 write and print on any subject — being responsible for the abuse 
 of that liberty. 
 
 Sec. 8. In prosecutions for the publication of papers inves- 
 tigating the conduct of officers or men in public capacity, or 
 when the matter published is matter for public inl'ormatinn, the 
 truth thereof may bfe given in evidence; and in all indictments 
 for libels, the jury have the right to determine the law and tlie 
 facts. 
 
 Sec. 9. That the people shall be secure in their person.^, 
 houses, papers, valuables and possessions, from unreasonable 
 searches and seizures; and that general warrants, whereby any 
 officer may be commanded to search suspected places, without 
 evidence of the fact committed, or to seize any person or per- 
 sons not named, whose ofiences are not particularlv described 
 and supported by evidence, are dangerous to liberty, and shall 
 not be granted. 
 
 Sec. 10. That no free white man, or Indian, shall be taken 
 or imprisoned or disseized of his freehold, liberties, or privi- 
 leges, 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. 
 
 Sec. 11. That in all criminal prosecutions against free white 
 
90 CONSTITUTION 
 
 ruen and Indian?, the accused shall have the right to be heard 
 by himself and his counsel; to demand the nature and cause of 
 the accusation against him, and to have a copy thereof; to 
 meet the witnesses face to face; to have compulsory process 
 for obtaining witnesses in his favor; and in prosecutions by 
 indictment or presentment, a speedy public trial by an impar- 
 tial jury of the county or district, in which the crime mny be 
 charged to have been committed; and shall not be compelled 
 to give evidence against himself. 
 
 Sec. 12. That no person shall, for the same offence, be twice 
 put in jeopardy of life or limb. 
 
 Sec. 13. That all penalties shall be reasonable and propor- 
 tioned to the nature of the offence. 
 
 Sec. 14. That no free white man, or Indian, shall be put ta 
 answer to any criminal charge, punishable by death or impri- 
 sonment in a jail or penitentiary, but by presentment, indict- 
 inent, or impeachment. 
 
 Sec. 15. That no conviction shall work corruption of blood 
 or forfeiture of the estate of the convict. 
 
 Sec. 1G. That all free white prisoners, Indians included, shall 
 b^ailable by sufficient securities, unless *in capital offences, 
 where the proof is evident or the presumption is great. And 
 the privilege of the writ of habeas coi-pus shall not be sus- 
 pended, unless in case of rebellion or invasion, where the public 
 safety may require it. 
 
 Sec. 17. That excessive bail shnll in no case be required, nor 
 excessive lines imposed. 
 
 Sec. 18. That no ex post facto law or law impairing the obli- 
 gation of contract.s shall ever be passed. 
 
 St.(;. 19. That no perpetuities or monopolies shall' ever be 
 allowed or granted; nor shall any hereditary emolument, privi- 
 leges or honors be conferred or granted in this state. 
 
 Sec. 20. That citizens have the right, in a peaceable manner, 
 to assemble for their common good, to instruct their represen- 
 tatives, and to apply to those invested with the power of the 
 government, for redress of grievances or other proper pur- 
 poses, by address or remonsfrance. 
 
OF ARKANSAS. 91 
 
 Si:c. 21. That the free white men, and Indians, of this state 
 have the right to keep and bear arms for their individual or 
 common defence. 
 
 Sec. 22. That no soldier shall be quartered, in time of peace, 
 in any house, without the consent of the owner; nor in time of 
 war, but in a manner prescribed by law. 
 
 Sec. 23. The military shall be kept in strict subordination to 
 the civil power. 
 
 Sec. 24. This enumeration of rights shall not be construed 
 to deny or disparage others retained by the people; and to 
 guard against any encroachments on the rights herein retained, 
 or any transgression of any of the higher powers herein dele- 
 gated, we declare that every thing in this article is excepted 
 out of the general powers of the government, and shall forever 
 remain inviolate, and that all laws contrary thereto, or to t}ie 
 other provisions herein contained, shall be void. 
 
 ARTICLE III. 
 
 OF DEPARTMENTS. 
 
 Section 1. The powers of the government of the State .of 
 Arkansas!, shall be divided into three distinct departments, each 
 of which to be confided to a separate body of magistracy, 
 to- wit: those which are legislative, to one; those which are 
 executive, to another; and those which are judicial, to another. 
 
 Sec. 2. No person or collection of persons, being of one of 
 those departments, shall exercise any power belonging to either 
 of the* others; except in the instances hereinafter expressly 
 directed or permitted. 
 
 ARTICLE IV. 
 
 LEGISLATIVE PEPARTMENT. 
 
 Section 1. The legislative power of this state slmll be vested 
 in a General Assembly, which shall consist of a Senate and a 
 House of Representatives. 
 
92 CONSTITUTION 
 
 QUALIFICATION OF ELECTORS. 
 
 Sec. 2. Every free white male citizen of the Confederate 
 States of America, who shall have attained the age of twen- 
 ty-one years, and shall have been a citizen of the state six 
 months uczit preceding the election at which he may desire to 
 vote, shall be deemed a qualified elector and be entitled to vote 
 in the couiilv or district where he actually resides, for each and 
 every office made elective under this State or the constitution 
 and laws of the Confederate States of America; Provided, 
 That no soldier, seaman or marine in the army or navy of the 
 Confederate States of America shall be entitled to vote at any 
 election within this state. 
 
 TIME OF CHOOSING RErEESENTATIVES. 
 
 Sec. 3. The House cf Repres^entatives shall consist of mem- 
 bers to be chosen every two years, by the qualified electors of 
 the several oounlies, at such time as the General Assembly has 
 prescribed, or may hereafter prescribe. 
 
 QUALIFICATION OF A REPRESENTATIVE. 
 
 Sec. 4. No person shall be a member of the House of Repre- 
 sentatives who shall not have attained the age cf twenty-five 
 years; who shall not be a free white male citizen of the Con- 
 federate States of America; who shall not have been an inha- 
 bitant of this state one year next preceding his election; and 
 who shall not, at the time of his election, have an actual resi- 
 dence in the county he may be chosen to represent. 
 
 QUALIFICATION OF A SENATOR. 
 
 Sec. 5. The Senate sliaTl consist of members, to be choseti 
 every four years by the qualified electors of the several dif?- 
 tricts, as they are now, or may be hereafter arranged by the 
 General Assembly. The election for senators shall take place 
 at the time now appointed, or which may hereafter be appointed 
 by law. 
 
OF ARKANSAS. 93 
 
 Sec, (I. No person shall be a senator who shall not have 
 attained the age of thirty years; who shall not be a free white 
 male citizen of the Confederate States of America; who shall 
 not have been an inhabitant of this state one year, next preced- 
 ing his election, and who, at the time thereof, shall not have 
 an actual residence in the district he may be chosen to repre- 
 sent. 
 
 MI'^TfNf; OF THE (>:'.\KK,\L ASSEMIiLY. 
 
 vSec. 7. The General Assembly shall meet every two years, 
 on the first Monday in November, or at such time as may here- 
 after be appointed for that purpose by that body, and at the 
 capitol, in the cily of Little Rock, until otherwise directed by 
 law. 
 
 MODK AM) TIME OF ELECTION; AND rPylVIEEGE OF ELECTORS. 
 
 Sec. 8. All general elections shall be by ballot, until other- 
 wise directed by law, and shall be held every two years, on the 
 first Monday in October, until altered by law. The fwsl gen- 
 eral election to be hereafter held on the first Monday in October, 
 eighteen hundred and sixty-two. The electors, in all cases, 
 except in cases of treason, felony and breach of the peace, shall 
 be privileged from arrest during their attendance on elections, 
 and in going to and returning therefrom. 
 
 Sec. 9. The governor shall issue writs of election to fill su^i 
 vacancies as may occur in either branch of the General Assem- 
 bly. 
 
 Sec. 10. Militia officers, justices of the peace, and postmas- 
 ters, are declared to be eligible to cither "branch of the General 
 Assembly; but no person vv-ho now is, or who shall hereafter be 
 a collector or holder of public money, nor any assistant or 
 depmty of such holder or collector of public money, shall be 
 eligible to either branch of the General Asser.ibly, nor to any 
 oflicc of protit or trust, until he shall have accounted ibr and 
 paid over all sums for which he may be liable; and no person 
 holding any ofiice of trust or profit, under the Confederate 
 
94 CONSTITUTION 
 
 States (except postmasters) shall be eligible to any ofiice of 
 trust or profit belonging to either of the three departments of 
 this state. 
 
 Sec. 11. Persons convicted of bribery, perjury or other infa- 
 mous crime, are excluded from every ofnce of trust or profit, 
 and from the right of suffrage in this state. 
 
 Sec. 12. Persons convicted of giving or offering any bribe to 
 procure their own election or appointment, or that of any one 
 else, to any office, are ineligible to any office of profit or trust, 
 and are disqualified (rom voting at any election in this state. 
 
 Sec. 13. No member of the General Assembly shall be 
 elected or appointed to any civil office in this state, which shall 
 have been created, or the emoluments of which shall have been 
 increased, whilst he was a member thereof, except he be elected 
 to such ofiice by a vote of the people; and that no member of 
 the General Assembly shall be elected to any office within the 
 gift of the General Assembly during the teym for which he shall 
 have be jn elected. 
 
 Sec. 14, Each house of the General Assembly vshall appoint 
 its own officers, and shall judge of the qualifications, returns 
 and elections of its own mtmbers. Two-thirds of each house 
 shall constitute a quorum to do 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 provide. 
 
 Sec. 15. Each house may determine the rule of its proceed- 
 %g3, punish its own members for disorderly behavior, and, 
 with the concurren-ce of two-thirds of the members elected^ 
 expel a member; but no member shall be expelled a second 
 time for the sameofT^nce. They shall each, from time to time. 
 publish a journal of their proceedings, except such parts as 
 may, in their opinion, require secrecy; and the yeas and nays 
 upon any question i^hall be entered on the journal, by the 
 request of any five members. 
 
 Sec. 16. The door of each house, when in session, *cr in com- 
 mittee of the whole, shall be kept open, except in cases which 
 may require secrecy; and each house may punish by fine and 
 
OF AKKANSAS. 95 
 
 ^imprisonment, any person not a member, who shall be guilty of 
 disrespect to the house by any disorderly or contemptuous beha- 
 vior iir its presence when in sos?ion; but such imprisonment 
 shall not extend beyond the final adjournment of that session. 
 
 Sec. 17. Bills may originate in either house, and be amended 
 or rejected in the other; and every bill shall be read on three 
 d'fTerent days in each house, unless two-thirds of the house 
 where the same is pending, shall dispense with the rules; and 
 every bill having paesed both houses, shall be signed by rh.9 
 President of the Senate and Speaker of the House ol Repre- 
 sentatives. 
 
 Si^c. IS. Whenever an ofiicer, civil or military, shall be 
 appointed by the joint or concurrent vote of both houses, or by 
 the separate vote of either house of the General Assembly, the 
 vote shall be taken vha voce, and entered on the journal. 
 
 Sec. 19. The senators and representatives shall, in all cases, 
 except treason, felony or breach of the peace, be privileged 
 from arrest during the session of the General Assembly, and for 
 fifteen days before the commencement and after the termina- 
 tion of each session; and for any speech or debate in either 
 house, they shall not be questioned in any other place. 
 
 Sec. 20. The members of the General Assembly shall seve- 
 rally receive from the public treasury, compensation for their 
 services, which may be increased or diminished; but no altera- 
 tion of such compensation of mejnbers shall take effect durin;;- 
 the session at which it is made. 
 
 Sec. 21. The General Assembly may direct, by law, in vAi'dl 
 courts, and in what manner, suits may be commenced again^•t 
 the state. 
 
 Sec. 22. The General Assembly may prohibit the introduction 
 into this state, of any slave or slaves who may have committed 
 any high crime in any other state or territory. The introduc- 
 tion of slaves into this state for sale, trade, speculation or mer- 
 chandize, may be prohibited by the General Assembly. 
 
 Sec. 23. The General Assembly t^hall not have power to pasi> 
 any bill of divorce; but may prescribe by law the manner in 
 
96 constitutiojs 
 
 which such cases shall be investigated in the courts of justice, 
 and divorces be gr^nt^d. 
 
 Sr.c. 24. The General Assembly may, by law, oblige 'owners 
 of slaves to tr^at them with humanity, and may prescribe a 
 code of laws defining their rights; regulating their intercourse 
 with each other, and their relations with the free white people 
 of this state; dcfiningcrimes which may be committed by slaves; 
 prescribing appropriate punishments for such crimes, and pro- 
 viding courts fur the trial of slaves, and the mode of proceed- 
 ing in such courts. 
 
 Sec. 25. The governor, secretary of state, auditor, treasurer, 
 the judges of the supreme court, the judges of the several cir- 
 cuit courts, and other inferior courts of law and equity, and the 
 several prosecuting attorneys for the state, shall be liable to 
 impeachment, for any malpractice or misdemeanor in office; 
 but judgment in such cases shall not extend further than 
 removal from office, and disqualification to hold any office of 
 honor, trust or profit under tliisj state; the party impeached, 
 whether convicted or acquitted, shall nevertheless be liable to 
 be indicted, tried and punished according to law. 
 
 Sec. 20. The House of Representatives shall have the sole 
 power of impeachment, and all impeachments shall be tried by 
 the Senate, and, when sitting for that purpose, the senators 
 shall be on oath or affirmation, to do justice according to law 
 and evidence. Whtn the governor shall be tried, the chief 
 justice of the supreme court shall preside, and no person shall 
 be convicted 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 th6 
 joint address of two-thirds of each branch of the General 
 Assembly, remove from office the judges of the supreme and 
 other 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 v-ote is^ 
 finally taken and decided. 
 
 Sec. 27. The appointment or election of all oflicers, not 
 otherwise directed by this constitution, shall be made in sucK 
 
OF ARKANSAS. 97 
 
 manner as may be prescribed by law; and all such officers, civil 
 and military, under the authority of this state, shall, before they 
 enter on their duties, take the following oath or affirmation, that 
 
 is to say, "I — , do solemnly swear or affirm, that I 
 
 will support the constitution of the Confederate States of Ame- 
 rica, and of this state, and will abide and observe all the ordi- 
 nances passed by the convention of the people of this state, 
 and will demean myself faithfully in office." When the ordi- 
 nances of this convention expire, every officer of this state 
 shall take an oath to support the constitution of the Confede- 
 rate States of America, and of the State of Arkansas, and 
 faithfully demean himself in office. 
 
 Sec. -29. No county now established bylaw, shall ever be 
 reduced by the establishment of any new county or counties to 
 Sesa than six hundred and twenty-five square miles, nor to a less 
 population than its ratio of representation in the House of llep- 
 reijentatives, according to the ratio as it may exist by law at 
 the time, nor shall any countj' be hereafter established which 
 shall contain less than six hundred and twenty-five square miles, 
 nor a less population than would entitle such county to a mem- 
 ber in the House of Representatives, according to the ratio of 
 representation then established by law. 
 
 Sec. 20. The style of the laws of this state shall be — " Be 
 (t enacted by the General Assembly of the State of Arkansas." 
 
 Sec. 30. The etatc shall, from time to time, be divided into 
 convenient senatorial districts, formed of contiguous territory, 
 in such manner as the General Assembly shall hereafter provide; 
 and in arranging such districts, the General Assembly shall do 
 so, taking into consideration the free white male inhabitants of 
 this state, so that each senator may represent an equal number, 
 as nearly as may be, of the free whi^e male inhabitants thereof, 
 according to the census enumeration; and until the next enu- 
 meration of the census, or inhabitants of this state, the sena- 
 torial districts as now laid out by law shall continue. 
 
 Section 31. The Senate shall never consist of less thart 
 twenty-five, nor of more than thirty-five members. The allot- 
 ment of senators into two clascics, as it now exist.i, shall con- 
 
98 CONSTITUTION 
 
 tinue until otherwise directed, and the successors of those in 
 office shall be elected in the manner and at the time now 
 required by law, and for the term of four years. 
 
 Skc. 32. The enumeration of the inhabitants of this slate 
 shall be taken under the direction of the General Assembly of 
 this state, at the end of every four years from the time the last 
 enumeration was taken under the constitution and laws of thi.-- 
 state, now in force therein. 
 
 Sec. 33. The House of Representatives shall. consist of not 
 less than seventy-six members, nor ol more than one hundred 
 representatives, to be apportioned amonjsf the several counties 
 in this state, according to the number of free white male inha- 
 bitants therein, taking such ratio as is now provided for by law 
 as the ratio of representation, until the number of represen- 
 tatives increases to one hundred; and when they shall number 
 one hundred, they shall not be further increased until the«popu- 
 lation of the state numbers one million souls; Provided, That 
 each county as now organized shall be entitled to the number of 
 representatives to which it may be entitled under existing law3, 
 until a future apportionment, under a future enumeration of the 
 inhabitants of this state. And at the first session of the General 
 Assembly,* after the return of every enumeration, the represen- 
 tation shall be equally divided and re-apportioned among the 
 several counties, according to the number of free white males 
 in each county, as above prescribed; Pi ovidtd further, That 
 the county of Craighead shall be entitled to one representative 
 until the next enumeration and apportionment; Provided fur- 
 ther, That the said county of Craighead be added to the sena- 
 torial district of Randolph and Greene counties until otherwise 
 provided by law. 
 
 Skc. 34. The General Assembly may, at any time, propose 
 such amendments to this constitution as two-thirds of eiffch 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 elec- 
 tion, two-thirds of each house shall, by yeas and nays, ratify 
 
 i 
 
OF ARKANSAS. 99 
 
 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 vi^ell when the same are proposed, as when they 
 are finally ratified. 
 
 Sec. 35. The General Assembly shall have power to regulate 
 the militia system and military organization of the state, sub- 
 iect to the provisions of ordinances heretofore passed by the 
 convention of the State of Arkansas. 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Sec. 1. The supreme executive power of this state shall be 
 vested in a chief magistrate, who shall be styled " The Gover- 
 nor of the State of Arkansas." 
 
 Sec. 2. The governor shall be elected by the'qualified elec-. 
 tors, at the time and places, when and where they shall respec- 
 tively vote for representatives at general elections. 
 
 Sec. 3. The returns of every election for governor shall be 
 sealed up and transmitted to the Speaker of the House of Rep- 
 resentatives,, who shall, during the first week of the session, 
 open and publish them in the presence of both houses of the 
 General Assembly. The person having the highest number of 
 votes, shall be the governor; but if two or more shall be equal, 
 and highest in votes, one of them shall be chosen governor by 
 the joint vote of both houses. Contested elections for governor 
 shall be determined by both houses of the General Assembly, in 
 such manner as shall be prescribed by law. 
 
 Sec. 4. The governor shall hold his office. for the term of 
 four 3'ears from the time of his installation, and until his suc- 
 cessor shall be duly qualified; but he shall not be eligible for 
 more than eight yea;t's, in,any term of twelve years. He shall 
 be at least thirty years of age, a native born citizen of Arkan- 
 sas, or a native born citizen of the Confederate States of Ame- 
 rica, or a resident of the State of Arkansas ten years pr^'ious 
 to the adoption of this constitution, if not a native of the Con- 
 
100 CONSTITUTION 
 
 federate States of America; and shall have been a resident of 
 this state at least four years next before bis election. 
 
 Six. 5. The governor shall, at stated times, receive a com- 
 pensation for his services, which shall not be increased or 
 diminished during the term for which he shall have been elected; 
 nor shall he receive, during that period, any other emolument 
 from the Confederate States of America, or any one of them, 
 or from any foreign power. 
 
 Sec. 6. The governor shall be commander-in-chief of the 
 army of this state, and the militia thereof, except when they 
 shall be called into the service of the Confederate States of 
 America; Provided, nevertheless, That this provision shall not 
 be taken to conflict with any ordinance or ordinances, which 
 have been or may be passed by the convention of the people 
 of the State of Arkansas. 
 
 Sec. 7. The governor may require any information, in writ- 
 ing, from the oncers of the executive department, on any sub- 
 ject relating to the duties of their respective offices. 
 
 Sec. 8. The governor may, by proclamation, on extraordi- 
 nary occasions, convene the General Assembly,'at the seat of 
 government, or at a different place, if that should have become, 
 .since their last adjournment, dangerous from an enemy or from 
 contagious diseases. In case of disagreement between the two 
 hou-^es, with respect^to the time of adjournment, he may adjourn 
 them to such time aa he shall think proper, not beyond the 
 day of the next meeting of the General Assembly. 
 
 Sec. 9. The governor shall, from time to time, give to the 
 General Assembly, information of the state of the government, 
 and recommend to their consideration such measures as he 
 may dpem expedient. 
 
 Sec. 10. The governor shall take care that the laws are faith- 
 fully executed. 
 
 Sec. 11. In all criminal and penal cases, except in those of 
 treason and impeachment, the governor shall have power to 
 grant pardons, after conviction, and remit fines and forfeitures 
 under such rules and regulations as may have been, or shall be 
 prescribed by law. In case of treason, he shall have power, 
 
OF ARKANSAS. 101 
 
 by and with the advice and consent of the Senate, to granj 
 reprieves and pardons; and he may, in the recess of the senate 
 respite the sentence until othervvice directed by the General 
 Assembly. 
 
 Sec. 12. There shall be a seal of state provided, which shall 
 be kept by the governor, and used by him ofHciall}', and the 
 present seal of etate now in use, shall be the seal of state 
 until otherwise directed by the General Assembl}'. 
 
 Sec. 13. All commissions shall be in the name, and by the 
 authority of the State of Arkansas, be sealed with the seal of 
 the state, signed by the governor, (except when otherwise 
 directed by ordinance of the convention,) and attested by the 
 secretary of 6ta,te. 
 
 Sec. 14. There shall be a secretary of state, elected by a 
 joint vote of both houses of the General Assembly, who shall 
 continue in office during the term of four years, and until his 
 successor in office be duly qualified. He shall keep a fair reg- 
 ister of all the 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* 
 fc.nd shall perform such other c'uties as may be required by 
 law. 
 
 Sec. 15. Vacancies that may happen in offices, the election 
 to which is vested in the General Assembly, shall be filled by 
 the governor during the recess of the General Assembly, by 
 granting commissions, which shall expire at the end of the next 
 sestion. 
 
 Sec 16 Every bill, which shall have passed both houses of 
 the General Assembly, shall be presented to the governor. If 
 he approve it, he shall sign it; but if he shall not approve, he 
 shall return 't, with his objections, to the house in which it 
 originated, whicti shall enter his objections at large upon its 
 journal, and proceed to reconsider it. If, after such reconsidera- 
 tion, a majority o# the while number elected lo that house shall 
 agree to pass the bill, it shall be tent, with the objections of the 
 governor, to the other house, by which it shall likewise be 
 reconsidered, and if approved by a majority of the whole num- 
 
102 CONSTITUTION 
 
 ,ber elected to that house, it shafl be a law; but in such cases, 
 the votes of both houses shall be determined by yeas and 
 nays; and the names of the persons voting for, or against the v 
 bill, shall be entered on the journal of each house respectively. 
 If any bill shall not be returned, by the governor, within three 
 days, Sundays excepted, after it shall have been presented to 
 hiai, the same shall be a law, in like manner as if he had signed 
 it, unless the General Assembly, by their adjournment, prevent 
 it3 return, in which event it shall not be a law. 
 
 Sec. 17. Every order or resolution, to which the concurrence 
 of both houses of the General Assembly may be necessary, 
 except on questions of adjournment., shall be presented to the 
 governor, and before it shall take effect, be approved by him, 
 or being disapproved, shall be repassed by both houses, accord- 
 ing to the rules and limitations in the case of a bill. 
 
 Sec. 18. In case of the impeachment of the governor, his 
 removal from office, his death, his refusal to qualify, his resig- 
 nation, or his absence from the state, the president of the Senate 
 shall exercise all the authority appertaining to the office of 
 governor, until another governor shall have been elected and 
 qualified, or until the governor, absent or impeached, shall 
 return or be acquitted. 
 
 Sec. 19. If. during the vacanc)' of the office of governor, the 
 president of the Senate shall be impeached, removed from office, 
 refuse to qualify, resign, die, or be absent from the state, the 
 speaker of the House of Representatives shall, in like manner, 
 administer the government. 
 
 Sec. 20. The president of the Senate, and speaker of the 
 House of Representatives, during the time they respectively 
 administer the government, shall receive the same compensa- 
 tion which the governor would have received had he been 
 employed in the duties of his office. 
 
 Sec. 21. Whenever the office of governor shall have become 
 vacant, by death, resignation, removaj from office, or other- 
 wise; Provided, Such vacancy shall not happen within eighteen 
 months of the time for which the late governor shall have been 
 elected, the president of the Senate, or speaker of the House of 
 
OF ARKANSAS. 103 
 
 Representatives, as the case may be, exercising the powers of 
 the governor for the. time being, shall immediately cause an 
 election to b^ held to fill such vacancy, givinu:, by proclamation, 
 sixty days previous notice thereof, which election shall be gov- 
 erned by the same rules prescribed for general elections of 
 governor, as far as applicable; the returns shall be made to 
 the secretary of state, who, in the presence of the acting gov- 
 ernor, and judges of the supreme court, or one of them, at 
 least, shall compare them, and together with the said acting 
 governor and judges, declare who is elected; and if there be 
 a contested election, it shall be decided by the judges of the 
 supreme court in the manner prescribed by law. 
 
 Sec. 22. The governor shall always reside at the seat of gov- 
 •ernnaent. 
 
 Sec. 23. No |>erson shall hold the ofHce of governor, and any 
 other office or commission, civil or military, eillu^r in this state 
 or under any state or the Confederate Stales of America, or 
 any other power, ^t one and the same time. 
 
 Sbc. 24. There shall be elected, by the joiiit vote of both 
 Siouses of the General Assembl}^ until otherwi.^e provided by 
 8aw, an auditor and treasurer for this state, who shall hold 
 their ofiices for the term of two years, and until their respective 
 successors are elected and qualified, unless sooner removed; 
 they shall keep their respective ofiices at the seat of govern- 
 ment, and perform such duties as shall be picscribed by law. 
 and in case of vacancy by death, resignatioij or otherwise 
 such vacancy shall be filled by the governor, a.< in other cases, 
 .<o long as said officers remain elective by the Cieneral Assem- 
 bly. 
 
 ARTICLE VL 
 
 JUDiriAL DEPARTMENT. 
 
 Section 1. The judicial powerof this state sh.iH be vested in 
 one supreme court, in circuit courts, in county courts, in probate 
 courts, in corporation courts, and in justices of i le peace. The 
 
104 CONSTITUTION 
 
 General Assembly may, when they deem it expedient, establish 
 separate courts of chancery. 
 
 Sec. 2. The supreme court ahall be composed of three 
 judges, the one of whom holding hia seat under the oldest com- 
 mission for the time being, shall be chief justice; any two ot 
 whom shall constitute a quorum, and the concurrence of any 
 two of said judges shall, in every case, be necessary to a deci- 
 sion. The supreme court, except in cases otherwise directed 
 by this constitution, shall have appellate jurisdiction only, 
 which shall be coextensive with the state, under such restric- 
 tions and. regulations as may, from time to time, be prescribed 
 by law. It shall have a general superintending control over 
 all inferior and other courts of Jaw and equity; it shall have 
 power to issue writs of error and supersedeas, certiorari and 
 habeas corpus, mandamus and quo warranto and other'reme- 
 dial writs, in aid of its appellate jurisdiction, and to hear and 
 determine the same. Said judges shall be conservators of the 
 peace throughout the state, and shall severally have power to 
 issue any of the aforesaid writs. 
 
 Sec. 3. The circuit court shall have original jurisdiction over 
 all criminal cases, which shall not be otherwise provided for by 
 law; and exclusive original jurisdiction of all crimes amounting 
 to felony, until otherwise provided by the General Assembly; 
 and original jurisdiction of all civil cases which shall not be 
 cognizable before other inferior courts, or justices of the peace, 
 until otherwise directed by law; and oiiginal jurisdiction in all 
 matters of contracts, where the sum in controversy is over one 
 hundred dollars. It shall hold its terms at such place, in each 
 county, as may be, by law, prescribed. 
 
 Sec. 4. The state ^hall be divided into convenient circuits, 
 to consist of counties contiguous to each other, for each of 
 which a judge shall be elected, who, during his continuance in 
 office, shall reside, and be a conservator of the peace, within 
 the circuit for which he shall have been elected. If from any 
 cause, at the time of holding a circuit court in any county in 
 this state, there shall be noregnlai judge present, the attorneys 
 present may select from among themselves, one of their numbers 
 
OF ARKANSAS. 105 
 
 to act as judge with all the power and authority of a regular 
 judge, and in case the judge, regular or special, shall he inter- 
 ested in any case, or cases, or otherwise incompetent, the attor- 
 neys present may select a judge to try such cases, who shall 
 take the oath prescribed by law previous to entering upon the 
 discharge of his duties. 
 
 Sec. 5. The circuit courts shall exercise a superintending 
 control over all inferior courts, and shall have power to iss.ue 
 all the necc^ssary writs to carry into efiect their general and 
 specific powers. 
 
 Sec. 6. Until the General Assembly shall deem it expedient to 
 establish courts of chancery, the circuit courts shall have juris- 
 diction in matters of equity, subject to revision or review, in 
 such manner as the General Assembly may have, or shall here- 
 after prescribe. The special chancery court, heretofore created, 
 or established, for the county of Pulaski, is hereby confirmed 
 in the jurisdiction conferred upon said court until otherwise 
 provided by law. 
 
 Sec. 7. The judges of the supreme court shall be appointed 
 by the governor, by and with the advice and consent of the 
 Senate. The judges of the supreme court shall be at least 
 thirty years of age; they shall hold their offices during the term 
 of eight years from the date of their commissio.ns, and until 
 their successors are appointed and qualified; the first appoint- 
 ment to take place at the session of the General Assembly next 
 before the expiration of the term for which the judges of the 
 supreme court now in office expire, respectively. And in case 
 of vacancy on the supreme bench, the same shall be filled by 
 executive appointment to continue until the end of the next 
 session of the General Assembly. 
 
 Sec. 8. The qualified voters of each judicial circuit in the 
 State of Arkansas, shall elect their circuit judges. The judges 
 of the circuit courts shall be at least twenty-five years of age, 
 and shall be elected for the term of four years, from and aft*r 
 the dates of their commissions, and until their successors arc 
 elected and qualified — and all elections of circuit judges shall 
 be held as is, or may be provided by law. 
 
106 CONST! • UTION 
 
 Sec. 9. The supreme court ^ lall appoint its own clerk, or 
 clerks, for the terifi of four ye. ?;; and the qualified voters of 
 each county, shall elect a cloi : of the circuit court for their 
 respective counties, who shall 'lold his office for the term of 
 two years, and until his succes )r is elected and qualified — the 
 first election of circuit clerks, ui ier this constitution, to be held 
 at the general election next b ore the expiration of the com- 
 nvissions of the present incumbe ts. Courts of chancery, w^hen 
 established, shall appoint their o vn clerks. , 
 
 Sec 10. The judges of the si )ieme and circuic courts shall* 
 at stated times, receive a,comp< isation for their services, to be 
 ascertained by law, which shal not be diminished during the 
 time for which they are, or shal be ap.pointed or elected. They 
 shall not te allowed any fee or p- quisites of office, nor hold any 
 other office of trust or profit, ur.-er this state, or the Confede- 
 rate St;»tes of America. The .^ ate's attorneys, and clerks of 
 the supreme and circuit courts, .nd courts of chancery, if any 
 other be established, shall recei e for their services such sala- 
 ries, fees find perquisites of ofi ce, as shall b«, from time to 
 time, fixed by law. 
 
 Sec. II. There shall be esia lished, in each county in the 
 state, a court, to be holden ^ > he justices of the peace, and 
 called the county court, whiv.h -hall have jurisdiction in all 
 matters relating to county taxi ■, disbursements of money for 
 county purposes, and in every over case that may be necessary 
 to the internal improvement ai i local concerns of the respec- 
 tive counties. : 
 
 Sec. 12. There shall be ele<it( >1, by the qualified voters of the 
 respective counties, a presiding judge of the county court, to 
 be commissioned by the goveri i r, and hold his office for the 
 term of tvi'o years, and until hi t^uccessor is elected and quali- 
 fied. The first election under (iiis sec.tion shall take place at 
 the general election next before he commissions of the present 
 incumbents expire. The presid ng judge of the county court, 
 in addition to the duties that m; y be required of him by lavv^ 
 as such presiding judge, shall ue a judge of the court of pro- 
 bate, and have such jurisdiction in matters relative to the 
 
OF AillvANSAS. 107 
 
 estates of deceased persons, executors, administrators and guar- 
 dians, lunatics and insane persons, as may he prescribed by law, 
 until otherwise directed by the General Assembly. 
 
 Sec 13. No judge shall preside on the trial of at)y cause, in 
 t!ie 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 of counsel, or have presided in any inferior 
 court, except by consent of all the parties. In case all or any 
 of the judges of the supreme court shall be thus 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 requisite number 
 of men. of law knowledge, for the trial and determination there- 
 of. Judges shall not charge juries with regard to matter 6i 
 fact; but may state the testimony and declare the law. 
 
 Sec. 14. The* qualified voters of each judicial circuit shall 
 elect a prosecuting attorney for the state, who shall continue 
 in office for two years, and until his successor is elected and 
 qualified. The first election under this constitution shall take 
 place as is now, or may be provided by law. Such attorney 
 shall reside in the circuit for which he is elected. If any attor- 
 ney for the state shall fail to attend and prosecute according 
 to law, the court shall have power to appoint one pro tempore. 
 The attorney for the circuit in which the supreme court is held, 
 shall attend the court and prosecute for the state. 
 
 Sec. 15. All w^rits and other process 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." 
 
 Sec. 1G. The qualified voters residing in each township, shall 
 elect the justices of the peace for their respective townships. 
 For every one ♦lundred voters there may be elected one 
 justice of the peace; Provided, That each township, however 
 snaall, shall have two justices of the peace; justices of the 
 peace shall be elected for the term of two years, and shall be 
 
j 08 CONSTITUTION 
 
 commissioned by the governor and reside in the township for 
 which the}' were elected, during their continuance in office. 
 The first election for justices of the peace under this constitu- 
 tion, Khali take place at the next general election, and those in 
 office at this time shall continue in office until their successors 
 are elected and qualified; justices of the peace shall have, 
 individually, or two or more of them, jointly, original jurisdic- 
 tion in cases of bastardy, and in all matters of contract, and 
 in actions for the recovery of fines and forfeitures, where the 
 amount claimed does not exceed one hundred dollars, and such 
 jurisdiction as may be provided by law in actions ex delicto, 
 where the damages do not exceed one hundred dollars, and 
 prosecutions for assault and battery, and other penal oflences 
 less^than felony, which may be punishable by fine only. Every 
 action cognizable before a justice of the peace, instituted by 
 summons or warrant, shall be brought before some justice of 
 the peace of the township wherein the defendant resides, or is 
 found; or if there be one or more defendants in diflerent town- 
 ships, then in the township where one of them resides, or is 
 found. They may also sit as examining courts, and commit, 
 discharge, or recognize any person charged with any crime, of 
 any grade. For the foregoing purposes they shall have power 
 to issue all necessary process. They shall also have power to 
 bind lo keep the peace or for good behavior. 
 
 Sec. 17. The qualified voters of each township shall elect 
 one constable, for the term of two years, 'who shall, during his 
 continuance in office, reside in the township for which he was 
 elected. The constables now in ofiice shall continue until their 
 terms expire, and the first election under this constitution shall 
 be held at the next general election.' Incorporated towns and 
 cities may have their own or separate constables. 
 
 Sec. 18. The qualified voters of each county shall elect one 
 sherifi', one coroner, one treasurer, and one county surveyor, for 
 the term of two years, at the election next^efore the term of 
 those now in office expire. They shall be commissioned by 
 the governor, reside in their respective counties during their 
 continuance in office, and be disqualified for the office a second 
 
OF ARKANSAS. 109 
 
 time, if it should appear that they, or either of them are in 
 default for any moneys collected by virtue of their respective 
 offices. 
 
 ARTICLE VII. ^ 
 
 GENERAL FROVIf^IOXS EDUCATION. 
 
 Section 1. The General Assembly shall apply any and all* 
 funds which may be raised for the purpose of education, to 
 the accomplishment of the object for which they maybe raised; 
 and from time to time, pass such laws as shall be calculated 
 to encourage intellectual, scientific and agricultural improve- 
 ment, by allowing rewards and immunities for the promotion 
 and improvement of arts, science, commerce, manufactures, 
 and natural history; and countenance and encourage the prin- 
 ciples of humanity, industry and morality. 
 
 Sec. 2, Treascfh against the state shall consist only in levying 
 war against it, or 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 their 
 own confession in open court. 
 
 Sec. 3. The General Assembly shall have no power to pass 
 laws for the emancipation of slaves. 
 
 Sec. 4. No person who denies the being of a God, shall bold 
 any office in this state, nor be allowed his oath in any court. 
 
 Sec 5. No money shall be drawn from the treasury, but in 
 consequence of an appropriation by law, nor shall any appro- 
 priation of money, for the support of an army, be made for a 
 longer term than two years; and a regular statement and 
 account of the receipts and expenditures of all public money 
 shall be published with the promulgation of the laws. 
 
 Sec 6. Absence on business for this state, or for the Confede- 
 rate States of America, or on a visit, or on necessary private 
 business, shall not cause a forfeiture of a residence once ob- 
 tained. 
 
 Sec 7. No lottery ehallever be authorized by this state, nor 
 shall the sale of lottery tickets be allowed. 
 
110 CONSTITUTION 
 
 Sec. 8. Returns of all elections for officers, who are to be 
 commissioned by tbe governor, and for members of the General 
 Assembly, shall be made to the secretary of state. 
 
 Sec. 9. Within ten years from the session of the General 
 Assembly, begu0 and hefd on the first Monday in November, 
 eighteen hundred and fifty-six, and every ten years thereafter, 
 the laws, civil and criminal, of this state, shall be revised or 
 codified, digested, and arranged, and promulgated in such 
 manner as provided by law. 
 
 Sec. 10. In the event of the annexation of any territory to 
 this state, by cession from the Confederate States of America, 
 or from any other source, laws may be passed extending to the 
 inhabitants of such territory, all the rights and privileges which 
 may be required by the terms of such cession, anything in this 
 constitution to the contrary notwithstanding. 
 
 Sec. 11. Imprisonment for debt shall not be allowed, in this 
 state, except when an allegation of fraud on^the part of the 
 debtor shall be clearly proved. 
 
 Sec. 12. The General Assembly of this state shall not dis- 
 tribute the public lands, late the property of the United States, 
 nor the proceeds of the same among the counties, but the same 
 shall be applied to general purposes. 
 
 revenue. 
 
 Sec. 1. All revenue shall be raised by taxation, to be fixed 
 by law. 
 
 Sec. 2. All property, subject tu taxation, shall be taxed accord- 
 ing to its true value — that value to be ascertained in such 
 manner as the General Assembly shall direct; making the &am-.e 
 equal and uniform throughout the state. No one species of 
 property, from which a tax may be collected, shall bo taxed 
 higher than another species of property of equal value; Pro- 
 vided, The General Assembly «hail have power to tax mer- 
 chants, hawkers, peddlers, and privileges, in such manner as 
 may, from time to time, be prescribed by law; And provided 
 further^ That no other or greater amount of revenue shall, at 
 any time, be levied than required for the necessary expenses 
 
OF A1 -lANSAS. Ill 
 
 of the s'^vernment, unless b\ i concurrence of two-thirds of 
 
 both houses of the General As^ nbl}'; And provided furUier, That 
 
 the legislature may authorize \e county courts in this state to 
 
 levy aftd collect a specific i x, for the purpose of building 
 
 levees to protect their respect i c counties from overflow. 
 
 Seo. o. No poll tax shall be issessed for other than corpora- 
 tion or county purposes. 
 
 Sec. 4. No other or greater t x shall be levied on the produc- 
 tions or labor of the country th a may be required for expenses 
 of inspection. 
 
 SCHl )ULE. 
 
 Sec. 1. That no inconveiiir ce may arise from this change 
 of government, we declare tin all writs, actions, prosecutions, 
 judgments, claims and contract , of individuals and bodies corpo- 
 rate, shrill continue, as if no < lange had taken place in the 
 constitution or government of this state; and all process which 
 may have been issued under he authorit}' of this state, pre- 
 vious to this time, shall be as a ilid as if issued after the adop- 
 tion of this constitution. 
 
 Sec. 2. All laws now in fo ce in this state, which are not 
 repugnant to this constitution or the ordinances of the conven- 
 tion, sIihII remain in force unt; they expire by their own limi- 
 tations, or be altered or repe? led by the General Assembly. 
 
 Sec. J». In case any ordinal -e which may have been passed 
 by this convention conflicts in ; ny respect with this constitution, 
 and the ordinance so conflicfii' .; herewith provides that it shall 
 only have elfect or force, for a limited time; such ordinance 
 shall have effect rathj-r than tl s constitution. 
 
 Sec. 4. All officers, civil a d military, now holding com- 
 missions under the authority )f this state, shall continue to 
 hold and exorcise their resp( ;tive offices until they shall be 
 suspenc^d under the authoiil • of this state, in pursuance of 
 the provisions of this coni^ti; ition, or the ordinances passed 
 by this convention. 
 
 Sec .''). The next general ( 'ectioii for officers of this state, 
 under this constitution, not otl)v.M'wiae hcrein^provided for, shall 
 
il2 CONSTITUTION 
 
 be held on the 1st Monday in October, A. D. 1862, in the man 
 ner now prescribed by law. 
 
 Sec. C. The jurisdiction of corporation courts shall be con- 
 fined, to their respective corporate limits. 
 
 DAVID WALKER, President 
 
 of the Convention of the, Stoic of Arkansas. 
 ALEX. ADAMS, 
 TOM AS B. HANLY, 
 L. D. HILL, 
 
 ALEXANDER M. CLINGMAN. 
 ISAIAH C. WALLACE, 
 GEORGE P. SMOOTE, 
 J. H. PATTERSON, of Jackson, 
 J. H. HILLIARD, 
 W.M. M. MAYO, 
 JAMES L. TOTTEN, 
 S. W. COCHRAN, 
 THOS. F. AUSTIN, 
 JOHN CAMPBELL, 
 JAMES W. CRENSHAW, 
 jam.es S. DOLLARHIDE, 
 •FELIX I. BATSON, 
 FELfx R. LANIER, 
 MARCUS L. HAWKINS, 
 W. F. SLEMONS, 
 J. P. JOHNSON, 
 JABEZ M. SMITH, 
 J. A. RHODES, 
 Wm. W. FLOYD, 
 J. N. SHELTON, 
 W. P. GRAC]?, 
 J. GOULD, 
 H. H. BOLINGER, 
 BENJ. F. HAWKINS, 
 H. FLAN AGIN, 
 M S«ELBY KENNARD, 
 
OP ARKANSAS. lO 
 
 W. H. SPIVEY, 
 MILTON D. BABER, 
 J. W. BUSH, 
 • URBAN E. FORT, 
 ALFRED H. CARRIGAN, 
 W. M. FISHBAGK, 
 JOSEPH STILLWELL, 
 GEO. C. WATKINS, 
 JAMES H. STIRMAN, 
 JAMES HENRY PATTERSON, 
 S. J. STALLINGS, 
 WILLIAM STOUT, 
 ARCHIBALD RAY, 
 ISAIAH DODSON, 
 A. W. HOBSON, 
 J. N. CYPERT, • 
 WM. V. TATUM, 
 WILEY P. CRYER, 
 BURR H. HOBBS, 
 JESSE TURNER, 
 F. W. DESHA, 
 A. W. DINSMORE, 
 BENJAMIN C. TOTTEN, 
 SAMUEL KELLY, 
 E. T. WALKER, 
 SAMUEL ROBINSON, 
 JOHN P. A. PARKS, 
 JAMES YELL, 
 H. BUSSEY, 
 JOSEPH JESTER. 
 
 Thk foregoing Constitution was adopted, in and by the 
 State Convention of Arkansas, in open session, on the first day 
 of June, A. D. 1861, and this sheet was signed, on that day, 
 by the several delegates whose names appear above. 
 Attest: 
 
 ELIAS C. BOUDINOT, Secretary 
 
 of the Convention of the State of Arkansas. 
 8 
 
Little Rock, Arkansas, ) 
 
 June nth, 1861. \ 
 
 I have compared the foregoing printed ordinances, resolu. 
 lions and constitution of the State of Arkansas, with the origi- 
 ijal rolls, and do certify that they are a true copy thereof 
 ELIAS C. BOUDINOT, Secretartj 
 
 of the Convenlion of the people 
 
 of tke State of Arkansas. 
 
I N D E 
 
 Pnpe. 
 
 AD : I3ERS — of military board, bow commissioned 21 
 
 how continued in ofiice 22 
 
 AFFIDAVIT — Iiow made when defendant in military serrice. 35 
 
 ALIEN ENEMIES—defined 63 
 
 ejLceptions 65 
 
 APPRAISERS — of property levied on, sheriff to summon 83 
 
 APPROPRIATION— of $2,000,000 for military pnrposes 21 
 
 to Blind Institute not to be de4'eated 56 
 
 of money to volunteers, one month's pay 7 
 
 to military divisions of state 17 
 
 to Capt. Pike 38 
 
 to pay salaries of registers and receivers. 45 
 
 to buy books and stationery for treasurer 80 
 
 to pay interest on war bonds 57 
 
 APPROPRIATED — doma'n, public lands and other property 13 
 
 ARKANSAS COUNTY— not to be reduced below certain limits f2 
 
 ARMED FORCE— when, for what cause, and how to be called out 27 
 
 ARMS OF STATE— to be stored at arsenal free of charge 15 
 
 2,600 stand placed at command of brigadier generals. ... 17 
 
 ARSENAL — at Little Rock, lands, etc., ceded to Confederate States 14 
 
 ARTILLERY — battery and accompaniments for brigadier generals 17 
 
 ARTILERY REG IMENT-of what composed 26 
 
 AT PACHMKNT- writs of, not to issue in certain cases 35 
 
 ATTORNEYS AT LAW— to dismiss certain suits 64 
 
 ATJDITOR — prohibited from drawing warrants in certain cases 37 
 
 to keep record of transactions with registers and receivers 45 
 
 to make plats of Cherokee reserve 46 
 
 duty of as to swamp lands 47 
 
 to issue instructions 47 
 
 may appoint deputy 51 
 
 duty of as to pensions .' ^^ 
 
 BATTALION— of what composed 26 
 
 BIBLE SOCIETY— American 64 
 
116 INDEX TO 
 
 Pa^t. 
 
 BLIND INSTITUTE— concerning appropriation to 56 
 
 BONDS — for delivery of property levied on, subject to laws now in force 24 
 
 war, to be issued by treasurer, whcn» and how , 57 
 
 when returned others may be issued 60 
 
 of registers and receivers, amount of 46 
 
 BRADLEY— Thomas H , relief of 68 
 
 h'RIGADIER GENERAL— to be elected for each division ]6 
 
 how, and by whom commissioned 16 
 
 to report to military board 17 
 
 to appoint staff 25 
 
 CERTIFICATE— of pre-emj t'on, how traasftrred 52 
 
 CHEROKEE RESERVE— to be sold 46 
 
 CHIEF ENGINEER— by whom appointed 26 
 
 CliURCHILL — Colonel, stores to be issued to , 43 
 
 CITIZENS — of U. S. regarded as alien enemies 63 
 
 exceptions &5 
 
 CLAIMS — against U. S. to be paid, and how 53 
 
 to be filed with auditor, when 54 
 
 COLLECTORS— their duties . .♦. 59 
 
 to receive part of tax in coin 69 
 
 to pay taxes for year 1660 in specie '0 
 
 COLONEL — of 2d regiment of Arkansas volunteers to appoint staff 10 
 
 of regiment to appoint certain officers itS 
 
 COMi\IISSIONED OFFICERS— of companies to elect certain officers. ..... 25 
 
 when may administer oath 29 
 
 CONFEDERATE STATES—provisional constitution of adopted. lO 
 
 permanent " of ratified 61 
 
 lands ceded to, and for what purpose 14 
 
 to store arm.*?, etc., in arsenal free of cost 15 
 
 CONFIRMATION— of swamp land.<? 47 
 
 CONFISCATION— see alien enemies 63 
 
 CONGRESS — members to, when elected 78 
 
 CONGRESSIONAL DISTRICTS— provided for 78 
 
 CONSTITUTION — not to affect presenc incumbents supreme court 74 
 
 of state ^^ 
 
 of Confederate Stixtes ratified 81 
 
 CONSTABLES— Sales by for collection of debts suspended 24 
 
 CONTINUANCE— of suits, how provided for o6 
 
 CONTRACTS— for reclamation, payment of forbidden 55 
 
 what null and void 64 
 
 for provisions, munitions of war, good in* law 65 
 
 CONVENTION — vacancies in, how filled 79 
 
 CONVICTS — in penitentiary, not to Le releasetl 13 
 
 CO-OPERATION — with Confederate forces 33 
 
 COUNTIES — volunteer companies, how many .' -27 
 
ORDINANCES. 117 
 
 Pagf. 
 
 COUNTIES — which may form new- counties 7fi 
 
 COUNTY COURTS— duty ia levying and collecting military tax 12 
 
 ppecial sessions of provided for 61 
 
 to make appropriations for familiea of volunteers 6fi 
 
 to issue scrip, for what purposes 67 
 
 to appoint home guard and how 67 
 
 general commander for hooie guard 67 
 
 to receive resignations and order election to convention, 79 
 
 COURTS MARTIAL— to be ordered by military board 21 
 
 COURTS, U. S. — convicts may be pardoned, and how 30 
 
 proceedings in transferred to Confederate States 69 
 
 COURTS, U. S. SUPREME— ca3(?9 pending in 6,9 
 
 DEBTS — sales for collection of, suspended 2'1 
 
 due by U. S. to citizens of state, how paid 53 
 
 to citizens of nonslavcholding states to be paid into treasury. . . . 6.'! 
 
 contracted before 6th May, execution may issue upon 84 
 
 interest on, due to minors, to be collected 85 
 
 DEC REES — of circuit courts, what to be liens upon . . i 84 
 
 DEEDS — to what lands may i.«sue, and how 50 
 
 when and how cfl'ected by stay law 84 
 
 DEFENCE— of western frontier 33 
 
 DEFENDANTS — when in military service 'iC 
 
 DELEGATES — to be elected to provisional Congress .• 11 
 
 DELIVERY BONDS — for property levied on, subject to laws now in force. ... 21 
 
 DESHA COUNTY— U. S. hospital at Napoleon ceded, etc 14 
 
 DISMISSAL OF SUITS 36 
 
 DISTRIBUTION— of certain funds forbidden 5r> 
 
 DISTRICT COURTS— U. S. convicts, how pardoned 30 
 
 claims growing out of, how paid 54 
 
 DOMAIN — public lands, etc., appiopriatcd to state 13 
 
 DRAFTS — of militia, how and by whom made 27 
 
 ELECTION— of military officers at Hopefield 10 
 
 for officers of regiment 25 
 
 in Jackson county provided for 75 
 
 for members of Congress ." _ 78 
 
 for " seces.'^ion " or " co operation " repealed 85 
 
 ENGINEER, CHIEF— how appointed 26 
 
 ESCORT -to Brigadier General McCullough 33 
 
 EXECUTION — not to i8«>ue in certain cases 34 
 
 in favor of alien enemy to be relumed &4 
 
 when to ismic 83 
 
 if not satisfied, when to have effect. B4 
 
 on debts conti-actcd since 6th May not affected W 
 
118 INDEX TO 
 
 Pafff. 
 
 FIELD OFFICERS— when, and by whom elected 27 
 
 FORT SMITH— public buildings and 20 acres land ceded to Confederate States 14 
 
 FORT WAYNE— reserve to be sold, when, etc 46 
 
 sales of reserve postponed . .' - . . 61 
 
 GENERAL ASSEMBLY— members of to t;ike oath 29 
 
 GOVERNOR — to isirue commissions in ci rtain cases 9 
 
 to 2d regiment Arkansas volunteers 10 
 
 to certain officers 19 
 
 ^ to be president of military board ■ ■ • •^ 21 
 
 to issue commissions to officers of regiment ; . . — . . 26 
 
 may grant paidons, remit fines, ifl what cases 3(^ 
 
 mode of taking oath 40 
 
 HABEAS CORPUS— writ of suspended tcmpoyarily 13 
 
 HOME GUARD— how appointed, and duty of 67 
 
 penalty for not obeying call to duty • 67 
 
 general commander of, how appointed 67 
 
 HOSPITAL AT NAPOLEON— houses, land and grounds ceded to Confederate 
 
 States 14 
 
 INDIAN AGENTS — to retain all U. S. moneya in hands for use of Indians. . 8 
 
 INDIAN TRIBES — we.«t of Arkansas rights preserved 8 
 
 INDIANS— holding claims against U. S., growing out of U. S. courts 54 
 
 INTEREST — on war bonds, how paid ^7 
 
 collection of, on school lauds f*- 
 
 JACKSON COUNTY— may establish separate courts . 42 
 
 may form new county, when and how ia* 
 
 JOHNSON COUNTY— may form new county, when and how 76 
 
 JUDGMENTS, DECREES, ETC.— to be liens ou lands and slaves 84 
 
 JUDGMENT DEBTORS— when execution to issue against 36 
 
 JUDGES OF SUPREME COURTS— to hold poailion as at present 74 
 
 KEEPER OF PENITENTIARY— duty of in regard to U. 8. convicts IS 
 
 LAFAYETTE COUNTY— may form new county 7(v 
 
 LAND OFFICES— coLtiuued, and how conducted 44 
 
 LANDS— reserved by U. S. to be sold , 45 
 
 railroad, subject to entry by actual settlers 4ft 
 
 appropriated to the state * 13 
 
 swamp, sale of 52 
 
 LAND WARRANTS— what may be located '. 4S 
 
 LI MITATIONS— statute of, suspended tcmporanly 3K 
 
 time not to be computed in. 85 
 
 MAJOR GENERAL — how elected and commissioned 24 
 
 to appoint chief engineer 26 
 
 staff , 25 
 
. ORDINANCES. 119 
 
 Pape 
 
 MANNER — of signing ordinance of secession prescribed 1 
 
 MEDICAL STORES— to be delivered to Capt. Pike 35 
 
 MILITARY BO ARD— to order pay of militia, and when 71 
 
 to fill certain vacancies 77 
 
 created 20 
 
 to appoint secretary 20 
 
 to order courts martial 21 
 
 where duties not specified to be governed by ruU-i-', 
 
 articles of war, etc., of Confederate States 21 
 
 vacancies in, how filled 21 
 
 two advisers of, how commissioned. 21 
 
 • how continued 22 
 
 to designate time and place of election for regimental 
 
 officers 25 
 
 certain powers of 33 
 
 rank of . • 40 
 
 to call in arms 41 
 
 may direct payment in specie or bonds 57 
 
 may appoint certain agents '. 73 
 
 MILITARY CORrS— for active service established 24 
 
 to be under control of certain officers 24 
 
 MILITARY FORCE— of state . 16 
 
 MILITARY STORES— to be delivered to Capt. Pike ^^4 
 
 to be issued to Col. Churchill 43 
 
 MILITARY TAX— how levied and collected 12 
 
 MILITIA— how ordered out 20 
 
 what officers regiments shall have 25 
 
 how drafted '. 2t) 
 
 how governed 77 
 
 MILITI \ LAW — suspended temporarily 37 
 
 restored, with conditions 73 
 
 MONEYS — to be refunded •> citizens in certain cases 52 
 
 of U.S. seized to use of state 53 
 
 appropriated as revenue ■ '• ^^ 
 
 in hands of land officers, not included in-revenue ^'2 
 
 what acccrunted for in adjustment of difficulties ^5 
 
 of U. S. to be paid to state treasurer ^0 
 
 of U. S., how applied ^^ 
 
 MORTGAGES— how affected by stay laws ^4 
 
 NAPOLEON— hopital, building, etc., at, ceded to Confederate States 14 
 
 NON-CLAIM— statute of, suspended -^ 
 
 OATH — form of, under provisional constitution -'' 
 
 form of, under permanent constitution '•'^ 
 
 penalty for not taking ^^^ 
 
120 INDEX TO 
 
 ClATH — how to be aministercd to present governor 40 
 
 to be taken by registers and receivers 45 
 
 form of, for appraisers of property levied on 83 
 
 OFFICERS— to take oath, how and when 23 
 
 liabilities of, and securities for 85 
 
 ORDINANCE— of secession ' 3 
 
 manner of signing 7 
 
 PAPERS — of U. S. district courts, delivered to care of clerks 18 
 
 PENALTY — for remiting anything of value to alien enemy 63 
 
 for not obeying call to duty as home guard 67 
 
 for failure to pay over moneys of U. S •. 81 
 
 for not taking oath 29 
 
 PENITENTIARY— U. S. convicts therein not be released 13 
 
 PENSION AGENT— to deliver roll, etc., to auditor 54 
 
 PERRY COUNTY — volunteer corapaiuos fo organize by electing officers 19 
 
 PIKE — Capt., to convey military stores to Fort Smith 34 
 
 " piedjcal " " 36 
 
 appropriation to 38 
 
 POWERS- of Military Board defined 20 
 
 POLK COUNTY— part of Sebastian annexed to 70 
 
 PRE-EMPTION— certificates of, how transferred, etc 52 
 
 PRIVATEERING 39 
 
 PROPERTY — levied on by execution, to be appraised 83 
 
 sold under execution to bring four fifths of appraised, value, or be 
 
 returned S3 
 
 may be sold two years after peace, and how 84 
 
 to be offered for sale in separate parcels 85 
 
 PUBLIC LANDS— sales of, provided for , 44 
 
 PULASKI COUNTY— to purchase horses 43 
 
 to issue scrip 44 
 
 RAILROAD LANDS— settlers may enter * 46 
 
 RANK — of military board 4'«) 
 
 RECEIVERS — to make payment to state treasurer 45 
 
 RECORDS — of U. S. courts delivered to care of respective clerks 18 
 
 RECLAMATION — payment of contracts for, forbidden 55 
 
 REGISTERS AND RECEIVERS— duties of 44 
 
 to give bond 45 
 
 to take oath 45 
 
 salaries of 45 
 
 to make repots to auditor, and how 45 
 
 to file schedule with auditor 48 
 
 vacancy in office of, how filled 49 
 
 REGIMENT— ehall conBist of whut » 26 
 
 officers of ■ ^ 
 
ORDINANCES.' 121 
 
 Papc 
 
 REiJIMENTAL OFFICERS— when, where and how elected 25. . 
 
 REL]:KF— gi-anled to Gen. James Yell. . . .■ 13 
 
 Maj. R. C. Gatlin 23 
 
 John D. Adams 23 
 
 Fiancis M. Hill 31 
 
 Hon. F. W. Compton 32 
 
 S. H. Tucker & Go ^. . . 34 
 
 certain citizens '. 36 
 
 \ Gov. H. M. Rector 40 
 
 Gen. Thos. H. Bradley .68 
 
 certain sheriffs 71 
 
 R15SERVED LANDS— of U. S. to be sold, price, and by whom 46 
 
 at Fort Wayne, to be sold 46 
 
 " " sale postponed 61 
 
 RKV ENUE— of state, how provided for 55 
 
 collectors of, their duty 59 
 
 moneys iu hands of officers, not to be included. 62 
 
 RKJHTS — acquired under constitution of U. S., acts of Congress, etc., preserved 4 
 
 SALARIES — of registers and receivers 46 
 
 S A t^E.S — for collection of debts, 6u.spended 24 
 
 of public lands, how provided for 44 
 
 of lands reserved by U. S 45 
 
 of swamp lauds 52 
 
 what rendered null and void 64 
 
 upon executions, when made 83 
 
 SCOTT COUNTY— part of Sebastian county annexed to 70 
 
 SCRIP— see Bonds. 
 
 how issued and how paid 58 
 
 SECRETARY OF MILITARY BOARD— to keep office at Little Rock.... 20 
 
 SEBASTIAN COUNTY— lands at Fort Smith ceded to Confederate States. . 14 
 
 part of, annexed to Scott county 70 
 
 " " Polk county 70 
 
 SECURITIES- for officers 85 
 
 SER VICE— volunteers, tern; of 26 
 
 of writs 35 
 
 SEVIER COUNTY— may form new county 76 
 
 SHERIFFS— to summon appraisers 83 
 
 relief granted to certain 71 
 
 STAFF — of major general 25 
 
 brigadior general 25 
 
 colonel of 2d regiment 10 
 
 ST. FRANCIS COUNTY— to establish separate courts 42 
 
 STATE — divided into two military districts 16 
 
 •' " congressional districts 76^ 
 
 STATUTES— cerUin, suspended 36 
 
 of limitations, time not to be computed in certaia cases 86 
 
122 INDEX TO 
 
 Pnsf. 
 
 SUBSISTENCE STORES — placed at command of brigadier generals 17 
 
 amount to be left at arsenal 34 
 
 SUITS — how conducted, where one of plaintiffs is an alien enemy 65 
 
 SUPERINTENDENT OF INDIAN AFFAIRS— to retain moneys of U. S. . 8 
 
 SUPREME COURT, U. S— cases pending in 69 
 
 SUPREME COURT— judges of, to hold position as at present 74 
 
 SWAMP LAND AGENTS— duty of 47 
 
 SWAMP LANDS— locations of, confirmed 47 
 
 sale of 52 
 
 • 
 
 TAX — for military purposes 12 
 
 state, when, on what, and how levied 56 
 
 in what may be paid 70 
 
 TREASURER— may appoint deputy 51 
 
 to issue war bonds, when and how 57 
 
 to offer bonds for sale 58 
 
 to issue warrants, and how paid 58 
 
 to issue warrants of not less than $5 00 : 80 
 
 to receive compensation for issuing warrants 80 
 
 VAC ANCY—in military board, how filled 21 
 
 in office of register or receiver, how filled 49 
 
 in convention, how filled 79 
 
 VOLUNTEER COMPANIES— authorized to organize by electing oflScers 19 
 
 to consist of 26 
 
 to elect field oflScers 27 
 
 number in counties not limited. 27 
 
 VOLUNTEERS~how ordered out 20 
 
 term of service i!6 
 
 families of 66 
 
 WARRANTS. Bee Bondt. ' • 
 
 WARRANTS, LAND— by whom to be located 45 
 
 what entries by, declared void 45 
 
 WESTERN FRONTIER— defence of •. 33 
 
 WRITS— how served 3-5 
 
THE CONSTITUTION. 
 
 123 
 
 INDEX TO THE CONSTITUTION. 
 
 Pack. 
 
 Preamble 
 
 ARTICLE I. 
 
 : Boundaries of the State 
 
 ARTICLE II. 
 
 DECLARATION OF RIGHTS. 
 
 Preamble 
 
 Six'TioN 1. Equality ;iiid rij^hts of freemen 
 
 2. Pulitical power in the peo]ile 
 
 3. Riglits of conscience 
 
 4. Civil rights not diminished by religious belief 
 
 5. Elections free 
 
 6. Trial l)y jury. » 
 
 7. Freedom of p^es'^, thought and speech 
 
 8. Libels : '■ 
 
 9. Starches 
 
 10. No freeman punished except by law 
 
 11. Rights of accused in criminal cases 
 
 12. Nut to be twice tried for same offence 
 
 Hi. Penalties 
 
 14. Indictment, etc 
 
 15. Attaints 
 
 16. Right of bail and habeas corpus 
 
 17. Bail 
 
 18. Ez post facto laws, etc .* 
 
 19. Monopolies, hcrcditamy honors, eti;., prohibited 
 
 20. Right of citizens to assemble, etc 
 
 21. Arms, right'to keep and bear 
 
 22. Qiuiitering soldiers 
 
 23. Military subordinate 
 
 24. Enumeration of rights, how construed, and to remain inviolate. • 
 
 ARTICLE IIL 
 
 OF DKPARTME.NTS. 
 
 Section 1 . Departments of government 
 
 2. Persons of one, not to exercise jwwer of another department. . . . 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Skction 1 . Legislative ». 
 
 2. QualiOcation of electors 
 
 3. Electiim' of representatives, bi-ennialy 
 
 4. Qualification of representatives 
 
 5. Senators chosen every four years 
 
 6. Qualilication of Senatore 
 
 7. General Assembly, when and where to meet 
 
 8. Mode and time of elections, and privilege of electors 
 
 DUTY OF GOVKRNOR. 
 
 9. Writs of election 
 
 10. What officers ineligible to the legislatuie 
 
 11. Persons convicted of bribery, etc., excluded from offlce of trust, 
 
 and right of suffrage ■ • 
 
 12. Also, pei-sons convicted of giving or offering any bribe, etc., dis- 
 qualified from voting, etc 
 
 88 
 
 88 
 88 
 88 
 ^■J 
 89 
 89 
 89 
 89 
 89 
 89 
 89 
 89 
 90 
 9» 
 9 'J 
 90 
 90 
 90 
 90 
 90 
 90 
 91 
 91 
 91 
 SI 
 
 SI 
 92 
 93 
 92 
 92 
 93 
 93 
 S3 
 
 93 
 93 
 
 S4 
 94 
 
124 INDEX TO 
 
 Pags 
 
 SscTtoM 13. Members of the General Asserably, not to be elected or ap- 
 pointed to any civil office in ibis state, nor eligible to any 
 office within the gilt of the General Assembly during 
 their term of office; but may be elected to office by a vote 
 
 cf the people 9-1 
 
 14. Each House of General Assembly to appoint its own officers, 
 
 judge of qualification.-, etc., of it« own members, and two- 
 thirds to constitute a quorum, etc SM 
 
 15. Rules of each house; punishment or expulsion of members; jour- 
 
 nals ; yeas and nays, when entered 91 
 
 16. Door of each house to be kept open, except when secrecy is re- ^ 
 
 quired; may punish contempts, etc 9i 
 
 17. Bills may originate in either house, and how perfected 95 
 
 18. Elections by the two houses to be by vive wee 95 
 
 £9. Privilege of members from arrest, etc 95 
 
 20. Compensation of members 95 
 
 21. Manner of bringing suits against the state 95 
 
 22. Slaves 95 
 
 23. Divorces.. 95 
 
 34. Slaves to be treated with humanity, and how tried and punisbed 
 
 for crimes 96 
 
 25. . Who may be impeached, for what, and how punished 96 
 
 26. Impeachments, how made and tried 96 
 
 27. Appointment of officers, and official oath 97 
 
 28. Turritorv and population of counties 97 
 
 29. Style of laws 97 
 
 30. Senatorial districts, and basis of representation in the stnate 
 
 prescribed 97 
 
 31. Number and classification of seuatore 97 
 
 32. Enumeration of inhiibitants, and apportionment of senators... 98 
 
 33. Number of Eepresentati\*es, and how apportioned among the 
 
 several counties of the state 98 
 
 34. Mode of amending the constitution 98 
 
 35. Militia system how regulated 99 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Skctk)> 1. Executive power vested in governor 99 
 
 2. How elected 99 
 
 3. Returns of election, how made, to whom, how opened, and how 
 
 ties and contested elections to be settled 99 
 
 4. Term of office, and qualifications 99 
 
 5. Compensation 100 
 
 6. To be commander-in-chief lOO 
 
 7. Miiy rctjuire infoimation of executive officers 100 
 
 8. May convene the Gener.il Assembly, and adjourn it in case of 
 
 disagreement between the two houses 100 
 
 9. To give information, etc., to the General Assembly 100 
 
 10. To see laws executed .*. 100 
 
 11. Pardoning power lOO 
 
 12. Seal « .• . . 101 
 
 13. Cemmissions lOl 
 
 14. Secretary of state, his election and duties 101 
 
 15. Governor to fill vacancies in office 101 
 
 16. All bills passed by the two houses to be presented for his signa- 
 
 ture — his veto power 101 
 
 17. Resolutions 102 
 
 18. When president of senate to act as governor 102 
 
 19. When speaker of the house to act as governor 102 
 
 2(f, Compensation of president of the senate and speaker of the house 
 
 while acting as governor , 108 
 
THE CONSTITUTION. 
 
 125 
 
 Section 21. 
 22. 
 23. 
 24. 
 
 Section 1. 
 2. 
 
 9. 
 10. 
 
 11. 
 12. 
 
 13. 
 
 14. 
 
 15. 
 16. 
 
 17. 
 18. 
 
 SfcvTl. N 1. 
 
 2. 
 3. 
 
 4. 
 5. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 10. 
 11. 
 12. 
 
 SE<rnON 1. 
 
 2. 
 
 Secttio.n 1. 
 
 2. 
 3. 
 
 4. 
 5. 
 6. 
 
 Vaqf., 
 
 Vacancy in oiBSce of governor, how filled 102 
 
 Residence of governor , 103 
 
 Governor to hold no other office 103 
 
 Auditor and treasurer, their election and duties ; vacancies ho w filled 1 03 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Distribution of judicial power lO"? 
 
 Supreme court, its jurisdicticn, and who to be chief justice lO'l 
 
 Circuit courts, their jurisdiction 104 
 
 State to be divided into circuits; residence of judge, etc.; tempo 
 
 rary \ acancy in the office of judge, how tilled 104 
 
 Power of circuit courts over inferior tribunals 105 
 
 Chancery jurisdiction; Pulaski chancery court confirmed in juris- 
 diction conferred 105 
 
 Judges of the supreme court to be appointed, how; term of office, 
 
 etc- ; vacancy in, how filled 105 
 
 Elertionof judges of circuit courts, age, term of office, etc.... 105 
 
 Clerlis of supreme, circuit and chancery courts, etc ICG 
 
 Compensation of judges, and not to hold any other office — com- 
 pensation of state's attorneys and clerks 106 
 
 County courts— their jurisdiction .■ J06 
 
 Presiding judge of the comity court, and probate judge, his elec- 
 tion, term of office, and jurisdiction 106 
 
 What shall di. qualify a judge from presiding in a cause — special 
 
 judges 107 
 
 A ttorneye for state ] 07 
 
 Writs, etc., to run in the name of the state, etc.; indictments. . 107 
 
 Justices of the peace; election of, term of office, and jurLsdiction, 107 
 
 Constables, term of office, etc 108 
 
 kiheriff, coroner, treasurer and county surveyor lOW 
 
 ARTICLE VII. 
 
 GENERAL PROVISIONS — EDUCATION. 
 
 Gei;eral Assembly to apply funds i aiscd for purposes of education 
 
 — rewards for improvement jO!J 
 
 T:eason 1 09 
 
 General Assembly, no power t-o pa.ss laws for emancipation of 
 
 slaves 103 
 
 Atheists . . JOO 
 
 Appropriations of money 109 
 
 Absence from the state 109 
 
 Lotteries 109 
 
 Returns of elections 110 
 
 Revision of the laws IJO 
 
 Annexation of territory HO 
 
 Imprisonment for debt 110 
 
 Proceeds of public lands to be applied to general purposes *J10 
 
 RtVENUE. 
 
 Taxation 1 1 "J 
 
 Piop^rty to be taxed according to its value — specific tax for levee 
 
 purposes 1 1 Q 
 
 Poll tax Ill 
 
 Tax on domestic products Ill 
 
 * SCHEDULE. 
 
 Writs, actions, Judgnlents, etc., not to be effected by change of 
 
 governmerrt Ill 
 
 State laws rot repugnant to constitution to continue in force. ... Ill 
 Conllict of ordinance with conrtitulion, ordinance to have prece- 
 dence Ill 
 
 Officers, lioth civil and military, to continue in office until election Hi 
 
 General election to be held l.st Monday in October, A. D. 1862. . 112 
 
 Jurisdiction of corporation courts defined IIV 
 
TABLE OF CONTENTS. 
 
 No ?AOZ 
 
 2. AN ORDINANCE to (]i?polve the Union now existing between the Stat« 
 of Arkansas and the other states united witl) her, under the 
 compact, entitled " the Constitution of the United States o£ 
 
 America" " 3 
 
 4. providing for the signing of the ordii>auce passed on ycsterdaj-, 
 
 dissolving the political connection theretofore existing be- 
 tween the State of Arkansas and the government known as 
 
 " the United States of America" .-» 7 
 
 8. to appropriate money to advance to volunteers, for the use of the 
 
 Confederate troops. " 
 
 13. to authorize the governor to commission certain military officers, 
 
 and for other purposes 9 
 
 17. to adopt the provisional constitution of the Confederate States of 
 
 A raerica lO 
 
 2.). to authorise the levy of a tax for military and other purposes. . . 13 
 
 24. appropriating the demain, publii,- lands and other property, which 
 belonged to the Government of tlie United Statef*) in this slate, 
 on the Cth day of May, 1861, and for other purjioses id 
 
 13. , for raising and equiping a military force in ihe north- western and 
 northeastern portions of the state, for the immediate protec- 
 tion of those frontiers 16 
 
 29. in relation to the records of the late district court of the United 
 
 States, for tlie we.stern district of Arkansas. 18 
 
 31. for the relief of General Jamas Yell 18 
 
 2iiy, to create a military board for the State of Arkansas 20 
 
 4fJ. ' for the relief of Major R. C. (Ratlin 22 
 
 4.3. for the relief of John D. Adams 23 
 
 49. concerning sales by sheriffs or constables for the collection of debts,' 24 
 
 30. for the organization of an eCTicient military corps for active ser- 
 
 vice, and for the election of certain olFicera .• 24 
 
 35. prescribing an OiUh to be taken by all military and civil officers in * 
 
 the per vice of this stjite, and for other purposes. 28 
 
 Sfl- authorizing the governor to grant pardons and remit fines and for- 
 feitures in certain cases 30 
 
 53. for the relief of Francis M. Hill 31 
 
 51. • for the relief of Hon. F. W. Compton 32 
 
 &0. to provide for co-operation with the forces of the Confedei'ate 
 
 States of America, in the defence of the western frontier and 
 
 for other purposes 33 
 
 40. for the relief of such citizons of the State of Arkansas as may be 
 
 engaged in the military service of the State oi Arkansas, or of 
 
 the Confederate States 35 
 
 56 to suspend the operation of an act of the General Assembly, enti- 
 
 tled " an act amendatory of the militia laws of the State of 
 
 Arkansas," ajiproved the 2l8t of Jaimary, IBfil 37 
 
 58. Bupplement;\ry to tlie ordinance entitle<l " an ordinance prescribing 
 
 an oath to be taken by all civil and military officers in the ser- 
 vice of the state, and for other purposes," heretofore adopted 
 
 by this convention 40 
 
 i7. fixing the military rank of the military board, created by this con- 
 
 vention, by ordinance adopted the i5th day of May, A. D. 1861,. 40 
 
TABLE OP CONTENTS. 127 
 
 No. Pack. 
 
 59. AN ORDINANCE to enable the militarj- board to call in all the arms be- 
 longing to the state not now in the hands of enlisted soldiere. . 41 
 
 62- to confirm the several actsof the General Asaemblyof the State of 
 Arkansas, to establiah si parate courts in the counties of Jack- 
 eon and St. Francis, and other counties 42 
 
 Si to authorize the county court of Pulaski county to make appropri- 
 ation to purchase horses 43 
 
 6^1. to regulate, for the time being, the sales of public lands within 
 
 this state, and for other purposes 44 
 
 i)l- to provide for the payment of debts due from the government of 
 the United States, to citizens of the State of Arkansas, out of 
 moneys seized from the United States by the State of Arkan- 
 sas 53 
 
 i>5jri2' to provide revenue for the State of Arkansas , 55 
 
 68. providing for* special sessions of county courts. 61 
 
 69. to postpone the time of the sale of the lands in the Fort Wayne 
 
 reaorve 61 
 
 70. supplementary to an ordinance entitled " an ordinance to provide 
 
 revenue for the State of Arkansas" 62 
 
 15. to prevent aid and comfort from being given to the enemy 62 
 
 63. to provide for the relief of the families of_ volunteers, in actual 
 
 service, in certain cases 66 
 
 M appropriating a sum o ' money 68 
 
 !)5- in relation to proceedings pending in the courts of the United 
 
 States 69 
 
 89. concerning j-evenue ' 69 
 
 91 attaching a part of the county of Sebastian to the counties of 
 
 Scott and Polk 70 
 
 88 for the relief of Richard .II. Thompson, as sheriff and collector of 
 
 the county of Jefferson; James C. Drennen, aS sheriff and col- 
 lector of the county of Columbia, James Norris, as sheriff and 
 collector of the county of Ashley, Rol^ert Jewel, as sheriff and 
 collector of the county of Union, and W. A. Alexander, ag 
 
 sheriff and collector of the county of Hempstead 71 
 
 ?2. to aid the military board 73 
 
 96 to restore, in part, the militia law of this state 73 
 
 9"i. in relation to the chief-justice of the supreme court 74 
 
 85 to authorize the people of the county of Jackson to create a new 
 
 county out of its present limits 75 
 
 93 enpplementary to an ordinance enlitled " an ordinance to author- 
 
 ize the people of the county of Jackson to create a new coun 
 
 ty out of its present limits 76 
 
 87 in relation to the airay and militia of the State of Arkannas 77 
 
 86 • to provide for filling certain vacancies 77 
 
 81 to divide the State of Arkansas into congressional districts 78 
 
 W authorizing the judges of the county courts throughout the at ite to 
 
 receive resignations of members of this convention, and order 
 elections lor filling the vacancies occasioned by such resigua 
 
 tions 79 
 
 78. supplementary to the ordinance to provide revenue for the stale. . 79 
 
 75 requiring certain officers to pay certain moneys to the state 80 
 
 80 ratifying the permanent constitution of the people of th j Confeder- 
 ate States of America 81 
 
 84, for the b ne'it of Arkansas county 62 
 
 74 regulating sales on executions and trusts. 83 
 
 5 repealing an ordinance passed on the 21st day of March, A. D. 186], 86 
 
128 TABLE OF CONTENTS. 
 
 EESOLUTIONS, 
 
 RESOLUTION in refcr<»noc to money in the handd of the suporintondaut of 
 
 Indian afi'aiiK siud Indian agents 8 
 
 • for the election and commission of oflBcera for the military com- 
 panies now tit Hopefiekl .' 10, 
 
 relative to the writ of habeas corinis 13 
 
 in iclation to the election of officers by volunteer companies. ... 19 
 
 relative to advancing supplies to Ceneral McCollough 34 
 
 relative to claim of S. [I. Tucker & Co 34 
 
 relative to military .stores . 35 
 
 ■ appropriating $500 38 
 
 relative to privateering , ... 39 
 
 fclatsve to subsistence of regiment at araeual 43