r OF IKS- Legislature of the Free State of .ii'kansas t — ■ TO CO>\'G-H-]ESS. akd LETTER FROM W. D SEWATOK ELECT. TO XnE O, i"^ ■SHOWnST'c THE ORIGIN AND HISTORY OF THE REORGANIZED GOVERN- MENT OF ARKANSAS— THE LOYALTY OF THE STATE— THE VOTE, AND THE PRESENT LEGISLATIVE REPRESENTATION IN THE STATS. / WASHINGTON: iCHRQiMICUE PRINT. 1865. • At WILL A ED'S HOTEL, WASBiNeTON, Feb. 11, 1865. HON. S. C. POxMEROY : Dkab §ib : Havirg read with satisfaction the able sta'etnent, which your generous advo cacy of the cause of Arkansas baa plac d be- Ibre the Judiciary CoiBmittee of the Senate ; as the accredited representative of the State, seeking a seat npoii the floor of that body, 1 desire, in the name of a patriotic but suffer- ing and neglected people, to thank you alike for your sympathies as a citiztu and your labors as a statesman, iu their behalf. Gratefully acknowledging the complete- ness of your argument as founded upon facts so abundantly furnished by distinguished gentlemen of Arkansas, that you have beei obliged to condense them ; wdl you pardon me if, through you," I seek to present to the Senate a Memorial to Congress from the Le- gislature of oar State, of which I am the bearer, and if I offer you some new co'n- sideratious, illustrating the subject of reor- ganization in Arkansas, to which your atten- tion, herwise mullifarionsly engaged, has not been called. Tbe Memorial which T have the honor herewith to transmit, gives a brief hiis^ory of the origin and progress of the reorganization of the State. The limited nature of a Me- morial, however, did not permit the Legisla ture to go into that extended notice which a proper understanding of the diffused and spontaneous character of this important movement iu the State of Arkansas dem_ands. It has been mistakenly charged by the sin cere friends of t>e Government, that the re- organized States are the creatures of milita- ry creation. Against this, so far as Arkaa- 3-18 ii concerned, I most sol»muly protest. An iutimate knowledge of the progress of events, iu relation to which, using the lan- guage of ^nias, if the adjective were omit- ted, I could ti-uly say, " ti quorum magna pars faif^ enables me to aver that the gre>»t bulk of the then existing papulation; the slaveholders as a class having emigraied to Texas, and the turbulent secession element having volunteered, welcomed the advent of our arms wiih a deep and heartfelt satisfac- tion. That it was not always obtrusively de- monstrative I admit, but that it was any the less universal and sine re, I deny. A profound ignorance of the designs of our commanders in the eatablishment of per- tnanent posts, and the sad recurrence of re- peated disappointments, had rendered a peo- ple who, in the first few montiss of the war. would have made the Heavens ting with their glad acclaim, eautieus, but not dislojal. The Confederate version of the news of Oak Hill fell upon their ears like a thunder- c'Hp. Thf^ roar of the victorious artillery at Elkhorn March, 1SG2, reverberated through the mountains, and swept over our vallies like a 'oit-e ( f prophecy. Rumors of tbe advance Curtis, spread by exalting lips fUr in his tan, .-eeemed bke a fulhllment of the promise, and they rejoiced : but the inexorable necefsities of war, forced, after an advance to within forty- five miles of the Capitol, the evacua- tion of the section of country covered by bim, and the blackened ruins of loyal homes ; the suspended bodies of scores of those whom ireasonab'e malignity had marked as affiliat- ing with the army, warned the friends of tbe Government to be thoughtful. Again, the volleyed musketry of Prairie Springs, December, 1862, awakened the last Spring's echoes of Elkhorn. »' d as Hindman's tatterdam aliens rushed frantically from one disastrous field iu the uorthwebt to the Post of Arkansas, equally disastrous iu the southeast, the hearts of tbe whole country behind them rose with a bo'nid to welcome the array of deliverance. A second time the exigencies of the nation changed the apparent direction of our troops, and they came not ; but in their stead returned the infuriated bands of the Confederacy, with maledictions on their lips and vengence as their purpose. At the first intimation of the change, con- scious from th« history of the previous year of his impending fate, the hardy loyalist mouiited hia horse and sped to the border. Every mountain path was fi'led with fugi- tives. Refugee trains groaned along all the unfrequented roads ; their terror-stricken oc- cupants deprived at a moment's notice of home and its c mforts, goading their tired cat'le to escape an actual and remorseless pursuit. Maddened by the condition of things which h<»d been revea'ed, tbe commanding general, without even i retended law or authority, le- vied a wholesale conscription. Hisouicers vis- ited every house, and with sabres at his back, every man capable of bearing arms, irrespec- tive of age, was dragged to the army. De- sertions became frequent. A reign of torror was inaugurated. Tbe forage and edibles — already scarce — of whole neighborhoods was impressed, without even the poor compensa- t'cn of rcbi'l scr'p, the only currency the peoiple tad. Oppression, practiced to 'ifi utmost verge, forced the mutterings of despair. Men v,e\'e shot, six at a tioae, at the will of the commander, witbout even the form of a (lOiut martial, uotil at last Confed •'rate veo^reaoc-- was satiated, and the mon- ster was renaoved. Is it to be wondered at, af er an experl- PDce Faeh as this, loysilf.y was no' always loudly demous'rative at the first approach oC the Federal Army? It had learned prudeoce ; but that it still pulsated as warmly in the bosomaofthe loass of the people as when, i ; a vot'« of forty t'lousiiud they gave ele.ven thousand majority to memb8?c= o*' the Cooveutioii who weie pledged to tho UuioiT), Lec-ime imtrsedistely apparent on the cieeupiiicy of the Cfjp'tol. Gereral Steele h^d taken pos-esaion of his hf adquaiters at L'ttle Rock but twenfy-f jur hours, when the loyal people of the city where I reside, fifty n)ile8 distant, gatheied together and appoint- ed a committee, of wliici't the writer was oep, to visit him, and, infonnirg bitii of the large UaioQ ffentimeut among us, to a«k a garri- 8oa and the p'Oteciion of the flag of our choice. Wiihiu ten fJay.s at er his arrival at Liu'e Rock a Uoion Club was formed, wbieU held public rafetuig;?.r>oce or twice a week, KKid S5 earnestly carried forward the work . th'-y were ii'ially eornpe'Ud ' bold th^if me-etings io. *he open air for :^r>t i f sufficitut accommfidafion ia doorSo To C'awford a.nd Sebastian counties, and 'bft people of northwei-tern Arkansas, two haadred miles away from he&dquarters; properly belongs the credit of setting in ope- ration, Pcarcely one moath after the capture of thici Capitol, the movement which finally resttl'ed in the assembling of the State Cou- Vf ntion, the est;*blisbment rf the Fiee Con- sti'.ution, and the reorganization of the Stat?. Taii occurred i I Oeteber, 1863. Owing to the very recsnt 'occupation of our army at t'tjMit time, means of intercftmrnuaioation «>=re tii^dj and inadequate. The people of ;,'.'■ centra! and southeastern portions, ani- '>j*»t,i::d by the sam'% unshaked loyalty, in No- vetiber, a^ yet uuinformed of th« movement in the norihxvrtet, dispatched a delegation of tiicir modl proruiuenf. citizens to Washington, '0 confer wic'i ihe President as t» the best method of re-es'ablishing civil govi-rnmeat Udder the authority of the United States. Thsy were lung delayed upon th^ way, and it was to thii deegaion that the authority con- ta-ned in a letter to Gecieral Steele, dated Ja lUiiry 20 h, 1864, to hold an election in Ackanas, quoted in your letter, page 13, was handed. Another delay occurred at Washington before the delegation started to return. In the interim the people of the central and e&sxern part of the State — better means of d for tbat District at about ,1,100. Having mislaid the paper I cannot HOW be exact, but it did not exceed 1,125. In the District alluded to, the organization under wbich we seek recognition, received Sfvmethmg over 3,000 votes, and in tbe whole State 12,403 were cast; the majority for tbe Constitution being 12,177. Assuming tbe statement of the letter aud newspaper correspondent to be correct, and that it is so I am convinced from ihe relative proportion of the whole vote repi^rted by them, and tbat of the Second District which fell under my own observation, an analysis of the whole resident vote of the State in 1864, counting tbe entire rebel vote as afiainft re-t rganization, shows a proportion of one against to more than three in favor of the present State government. That the entire vo e of a State so recently as 1860, voting 54,060 ballots, should, in the short spacs of four jears, fall off to 16,- 135, may strike some northern minds as sin- gular. When, however, it is remembered that the able-bodied secession element speed- ily volunt-eered, dragging with it many ot the more easily intimidated and less decided Unionists, autil Arkansas was representsdiQ tbe Confederate army by nineteen so called voluntersT regiments, of at least the minimum strength, and that immediately thereafter the several consciiptions were more than rigidly enforced, taking, not a certain ponion, but all within the ages of eighteen and for y five, it will be seen that on the basis of 171,541 males of all ages iu Arkansas in 1860, (Cen- sus 1860, page 246,) there could not possi- bly, makiog ail due allowance for the leturo of discharged soldiers and persoos arriviug at matunty,be over ly.OOO or 20,000 voters in the State. The differeuceof4000 between these numbers and the actual vote, is accounted iot by emigration South and refugeeism North, and that element which refused to vote on 4-ither side of the then existing line. I am often asked what proportion of the State is repr«=sented in the Free State Legis- iature. In i860, by the census, the forty- fiiur counties out of fifty-four represented in the present Legislature, contained a white populat'ou of 273,o20. lij aa we may rea- sonably suppose, all portions of the State have been equally or nearly equally afiected by the depletions of the war, whatever may be the existing population, they represent now, as they did then, a fraction over eight- tenths of the entire vvbite inhabitant'*, the total in 1860 being 332, 1533. Owing to causes I ha'i'e hereinbefoe recited, the rela- tive represealatiuu of the black popula'ion would be le38 iu these counties, yet taking all the people of both colors together, oa the name basis, the proportion of representation in the present Government, to the entire present population, would be as seven and a fraction is to ten. To this plain and palpable history of af- f-iirs, I am sometimes met with the ad cc.p- tan'JiMn objection, "the logic of events is againt-t you " If your view is correct; if the great body of the people of Arkansas weie loyal before the war: if they were in a major- ity duiing the war, and tbeir patriotism was of that stubborn and unshaken character that it can.e cbeerfu'ly forward without prompt- ing and re-asserted its rights in such large numbers, how was it possible for Arkansas to ''go out?" Den}ing the possibility of a State's accomplishing what is so readily con- ceded in the objection, and denying further, that by any fair and legitimate construction of the acts of the people of Arkansas, they can be regarded, as a body, of having sanc- tioned secession, I yet reply for explana'ion that liberty in Arkansas found her home chiefly, as she has done everywhere in all ages, in the free and untr^mmeled air of the country, among the honest and unsuspecting tillers of the upland soils; that the influential slaveholders, in w^hoseha'^ds the government of the State bai reposed from the beginning, were comparatively compact along the bot- toms of the ditferent streams; the State Cap- itol being situated in the middle of the wealthiest and most popnloas ot these v«llies — that acting in concert they soon subsidized a press, already prostituted, to the purposes of slavery, and infesting and getting control of the ostensible public sentiment of the few towns, in a State which stood the twenty- eiglitli in density of population, and the mean ra'io of which was but eightand thirty four one huHdredths persons to the square mile; from tbeir organized centres they soon obtained apparent political and real military control of the whole. The method is not new; it is almost as old as civilization itself. A few more words and I have finished. Under the circumstances which I have en- endeavored to portray, the free loyal State of Arkansas demands recognition at the hands of Congres". That the just indignation of abetrayed i/a- tion should hold to a strict accountability the conspirators against its peace, the loyal peo- ple of Arkansas appreciate and approve ; but that the Confederate juggleof a pretend- ed State action should be interposed between them and the constitutional rights of self-gov- ernment, which they have been taught t> be- lieve inalienable, except by treason, it will be hard to make them understand. Look at it. Four years ago the State, of which these loyal men, then as now, were the majority, though iu ditFerent numbers, stood the peer of any. Plenty rustled in her cornfields; peace brooded over her house- holds, and success dropped golden guerdon in the coffers of her enterprises. Between 1850 and 1860, in the ratio of increase of I'opulation, she was the fifth State ; in it!- crease of the cereals and their products the Iburth : in real and personal estate and in the value of her farms, she stood before eleven; in value of farming implements slie struck her foot upward and ascended above twelve; in wealth of live stock she out-ranked sixteen; of cotton she raised 367,000 bales; of grain, 19,293,332 bushels; of tobacco, in the infancy of its cultivation, 999,757 pounds. From this proud position has rebellion dragged her, and her loyal men ask recogni- tiou,ihat they may set deep in the records of the t^mes, through a unanimous Legislature, the broad seal of their condemnation of slavery, whose viras festering in the bosom of the State pata'yzad them until they were deliv- ered, bound hand and foot, unwilling victims on the altar of its treasonable ambition ! They ask it, that, they may extend the pro- tection of laws which will be rrspectod over the desolated homes and vacant glebes of thousands who are vagrant, outragfld, way layed and murdered, only for their fa thful- ness to tbe Government of their fathers. They ask it that, continuing an organiza- tion, the beneficence of which is already felt, they may retread tbe paths of their an- cient prosperity, unchoked by the obstacles of slavery, and build up a polity which, har- monizing with that of the whole, in identity of interest and equality of rights, shall tend to perpetuate the Republic for which thpy have cheerfully sacrificed all ! Will Congress deny us ? If sa, upon theoa must rest the grave responsibility of exhib- iting to the world a suffering people, to whom, by their direct action, loyalty has been made a misfortune and fidelity a curse I Thanking yon again in the name of this people for the interest you have manifested; and hoping I have plactd you in possf ssion of;Buch facts as will make easier ihe gener- ous task you have uudertaben, I annex the MeHDorial to which I referred, and callicg your attention to that portion oi it which speaks particularly of military indifference, nay, of military prevention, I remain, Very truly yours, W. D. SNOW. In the Senate, on the 22d day of December, 1864, Dr. White, Irora ihe Select Committee, to whom was referred the duty of prcparino-' u suitable Memorial to the Congress of the United States, praying for Recognition etc.. submitted the following Memorial, for the adoption of the Generai Assembly oi Arkansas, to the Congress of the United States, which Memorial was read and adopted; yeas 12, noes 5, and on the 30th Decem- ber reported back from the House of Representatives as having passed that body unsnimously : MEMORI^^I. A. litlle more tlian one year ago, the loyal people of the State of Arkansas, after nearly three years of sujcction to, and suffering from an illegal tyrannical and sanguinary government, and Avben they had been to a very great extent relieved therefrom, by the aid of the Union armies in virtue of a pro- vision of the Constitution of the United States, -which not only secures to each State a republican form of government, but also its aid in suppressing insurrections and domestic violence, re-organized their State Government, and re-uffirmed their loyalty and devotion to the Constitution and gov- ernment of the United States. They also in accoi'dance with their wishes, as -well as the spirit and demand of the times, annulled and abrogated the law recognizing the in- stitution of African slavery, tlien existing in their midst. Havin-- accomplished thus much, they deem tlial they had restored the Federal relations of the Siate to their sfalus quo ante helium. As the representatives of the loyal people of Arkansas in Legislature asseiiibled, Ave l)Cg leave herewith, most respectfully, to Kobinit to your Honornblebody, a few facts bearing upon our re-organiztion, as well as ttie status and condition of our people and th.?ir claims for presoit consideration. In October, 1863, the loyal citizens of the counties of Crawfoid and Sabastian, con- jointly, in Mass Meeting very fully attended recommended, that a State Convention of tlie people, by their delegates, should assem- ble at Little Rock, the Capital of the State, on the fourth day of January then follow- ing. Other counties took action immediate- ly in hke manner, and threughout the State, where proceedings could be had, the utmost tiarmony and enthusiasm prevailed ; and when, on the 8th of December, the President issued his Proclamation, or 'plan' for the re- organization of States, which were, or had been, in insurrection, a majority of the ti:anties of th-^' Stat*- hr.d called meetings for the election of their delegates. The Proclamation legalized our proceedings as we thought, and the loyal heart of Arkansas took courage, and its pulses beat full and strong. The movement, it is hardly nec- essary to say, was a spontaneous one. It was the movement of the people, and for them and he who says it was otherwise, or that the people, or any portion of them, were instigated to action by letters from Washing- ton, or by Military Officers here or else- where, says that which he not only does not know to be true, but which is positively untrue, and without the shadow of founda- tion in fact. No outside influence was sought to be extended by any one except- ing as against us. It was known, indeed, that many, very many, niilitary men opposed us, persistently, and until afier the reception of tlie Presi- dent's Proclamation, or lather after the reception of his instructions issued subse- vuently thereto. It is a fact also, that num - hers of the delegates elect, were prevented from attending the sitting of the convention bj^ the orders of a niilitary commander in the North West, even after the receipt of- the President's instructions, which were to the effect that the people should not be inter- fered with in their public or local assemblies. General Steele himself only tolerated the presence of the people's delegates at Little Rock, but he did not oppose their action. j\Iilitary interference prevented a quorum of the people's delegates from assembling for a long time. Military apathy has been a bane, the loyal people of Arkansas never will cease to remember, and 'whatever of censure or praise attaches to the success of the proceedings in the inoipiency or pro- gress of restoring the State Government, at- taches to the loyal people of Arkansas, and to them alone. Justice as well as gratitude requires it to be said, however, that the loyal people had from, the lj.rs!, a few valua- ble friends in the army. Prominent amone 10 such were Biigadier General Kimball, com- manding district of Little Rock, Brigadier General Andrews, commandiug Post of Little Rock, Ca:>tain Henry. A. Q. M., Col- onel, now Judge Caldwell, of the U. b. District Court of Arkansas, Colonel Bowen, 13th Kansas Volunteers, commandiag at Van Buren, and Brigadier General Buford, commanding Eastern District of Arkansas at Helena. The new or amended Constitution was ratified b}" a very large majority of the vot- ers, (rebels were excluded,) and by a num- ber exceeding 13,000, and nearly three-fifths of the vote of the State before the war, nearly all of the loyal citizens of the State having an opportunity to vote for or against the Constitution, as they might desire. It was almost the unanimous expression of our loyal people, who thought loyal ac- tion to be not only expedient and proper, but of the highest necessity and importance! We were without money or patronage, but honest and devoted to the Government, and had not the remotest idea that our ad- vance would be repelled. The disloyal and wealthy portion of our former population were either in tlie rebel army or within its lines ; wc were rid of theui and controlling the largest portion, say four-fiiths of the territory of the State. ' It was our right as well as our duty to act, and we did so. We have asked deferentially, yet. aa a matter of justice, that Congress should re- cognize our efforts in the only proper and suitable manner, to wit : The admission of our Representatives to seats in the Congress of the U. S. as an admission that Arkansas is a State in the Union. Shall we longer be neglected by the only Government we love, and for "which we have been ready to die, and shall we be further discouraged from loyal efforts ? The bones of hundreds, yes, thousands of our sons and brothers lie bleaching upon the many battle-fields of the West. The people we represent have been true to the traditions of their fathers, and worshiped no rebel gods. Twelve thousand Arkansians to-day swell the number of the armies of the Union, while scarcely one-half that number remain in the rebel army by enlistment and con- scription. The Amnesty proclamation itself, although begotten through sound motives, has work- ed harm to the loyal people and their cause. Rebels and their families have been protect- ed at the expense of radical Union men. Positions lucrative in their character, have been given to persons of known rebel pro- clivities when Union men every way worthy could have been substituted, who were suffering for want of cmploj^ment, Nor is this all. Rebels obtained permits to trade in preference to loyal Union men. Buck is the doctrine of conciliation practically carried out. Although, as a general thing in this war, the innocent must, to a great degree, suffer with the guilty. Yet, changing tlie proposi- tion, the innocent have suffered more than the guilty, as applied to us. Most of the rebels left tl-.e cc'-antry in advance of the Union army while Union people remained. The property of the latter has been taken or destroyed w ithout adequate remuneration, and in many cases without any remuneration at all, they have been treated in many instances as rebels, or without regard to the question of whether they were loyal or otherwise. They have thought indeed that the fact of having been loyal to their coun- try, occasioned the contempt and disregard of Federal Authorities. In the city of Little Rock, have been thousands of Union refugees, men, women and children, broken-hearted, naked and starving ; a great number are here now. Thej^ have fled from the wicked and murderous guerrillas, after being robbed of everything which they pos- sessed. They Vive in camps or tents, drag out a miserable existence for a short time, and die. Hundreds suffer from actual want of necessary food, shelter and clothing, while many residences in the city are occu- pied by the families of those who are fight- ing against their country, or, being citizen rebels, have fled within the rebel lines. Their fjimilies are protected, and wield an overruling social influence. Many of them are wealthy and live in ease and comfort. They have' busied themselves in carrying delicacies to the rebel prisoners who have happened to be confined in the Penitentiary for their crimes. And it is stated on the best authority, and the fact is notorious, that they never contributed in the slightest manner to the relief of the poor and dis- tressed Union women and children, or take any interest in the amelioration of their condition. "^ It has been said that the men who insti- gate a revolution are seldom the ones to end it, whether it end disastrously or otherwise. And neither the slave owner, the rebel sympathizer, nor the quasi Union man, are the ones to rely upon to end the present re- bellion, and bring peace to the South. This task lies with'.he unconditional loyal men of the South. Organization and effort are amongst the more prominent and cer- tain means to secure this result. Organi- zation is our object. But we want the shield o: the Government to protect us, in order that our arms may be nerved for thedefeace of our homes and our firesides, against the merciless guerrilla and marauder, as well as against the more open enemy. It is often remarked that slavery is dead ; 11 but slavery is not yet dead, aad efforts are certainly being made to defeat the M'"iII of those who desire its destruction. The pro-slavery party ia Arkansas is not asleep ; its efforts to destroy the present State organization here are persistent and desperate ; .its members have taken the am- nesty oath and are protected ; they have an organization, and control a press — the Little Rock Democrat. They manage shrewdly but determinedly, and will, if they can, defeat the will of the loyal people of the State. Pretending to be with us, they secretly ope- rate against us, and would to-day, if they could, enslave the poor white people of the State. This organ, thus used, has sought to be the organ of the commander of the De- partment of Arkansas. How well it has succeeded can be best judged by the amount of patronage be- stowed upon it as against other and more loyal presses. We mean not to assail the late commander of this military department unjustly or unkindly ; he is an honorable, charitable and just man in all his intentions and has many personal friends. His object has been, no one doubts, to carry out the instructions of his superiors ; but it is as a military rather than as a polit- ical leader that we would commead him. It is not our purpose as legislators to make compromises with rebels in arms, or to lower the standard of national loyalty. Treasou must indeed be punished to the end that it shall lose none of its odium or significance, and loyalty shall not become a by-word and a reproach. The fiat of the nation has been pro- nounced, and these States are to be one and indivisible. Slavery, the curse of our coun- try, and the cause of the war, is no longer to be tolerated as an institution upon thei statute books of the South. Such determina- tion, we accept and approve, and the man who is not Tv'ith us in our efforts, is against us. In reference to all the facts connected with the present position of affairs in this State, we think it must be apparent to your honorable body, that an immediate recog- nition of our State by the Federal Govern- ment, will enable us to overcome, to a great extent, at least the difficulties and embarrass- ments with which we are now surrounded. We appeal to heaven for the rectitude of our intentions, and implore the Divine Mercy, forgiveness and guidance, for our much suffering and neglected people. WILLIAM A. COUNTS, Secretary of the Senate. A. M. MERRICK, GlcT'-c of thx U&use of Bepresent'atmi* iiir