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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respects and for every purpose herewith consistent, repealed,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
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