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The Arkansas advocate. [volume] (Little Rock, A.T. [Ark.]) 1830-1837, September 23, 1836, Image 2

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' "" act for the admission of the State of Arkansas in
to the Union, and to provide for the due execut.onof
the laws of tfac United States within the aurne, and tor
other purposes,” approved 23d of June, 1836, which
should be ratified. By a provision of this act, section
numbered sixteen, in every township, has been granted
to the State for the use of the inhabitants of such town
shin, for the use of schools; a disposition of the lands
thus granted, in a manner best calculated to secure the
objects designed, will meet my approbation. All salt
springs, not exceeding 12 in number, with six sections ,
of land adjoining to each, have been granted to he.
State for the use of the State, which are to be selected |
ly the General Assembly, on or before the first day ,
J January, 1840; the same to be used under such
terms, conditions and regulations, as the General As- j
scmbly shall direct, but not to be sold or leased, at any j
fime, for a longer period than ter, years without the
consent of Congress. For selecting those lands and
leasing out the salt springs, agents or commissioners
should be appointed. I
For receiving the five per cent, on the nett proceeds j
of the sale of public lands in Arkansas, to which, by this !
act, we are entitled, from and after the 1st day of July
last provision should bo made. The funds rfrising
from this source, will be gradually augmenting, and
should be loaned out at interest, until a sum ot suffi
cient magnitude is at our disposal for making roads and
Amon" the most interesting portion of your legisla
tive labors, will no doubt be a consideration of, and ac
tion upon, a system of internal improvement lor the
State. By the division of the surplus revenue, to
which I have before alluded, a fund will be placed at
the control of the Representatives of the people,
which, if judiciously managed, will enable them to im
prove the roads and highwuys to a greut degree, and
thus enhance the value ot the property ot our citizens,
by making the access to and from market, an object of
trifling importance. We are too young, in knowledge
and means, to follow closely in the vast strides of in
ternal improvement taken by most of the States m the
Union; but we can make such a beginning as will,
when our resources and experience become greater,
and our population more dense, assist materially in the
,roper application of thoso resources. 1 would there
bro recommend the appointment of a Board of Inter
nal Improvement, composed ot persona of suitable to
pographical knowledge and experience.
The miserable and shackling condition of our com
mon Jails is such, that we have scarcely one in our
State sufficiently strong to secure a prisoner without a
standing guard. Experience, in other States, demon
strates clearly the good effects ot Penitentiaries: but
should the present Legislature, in its wisdom, deem it
inexpedient, at this session, to make provision for the
erection of a building of that character, I am convinced
that tho public good requires some kind of legislation
that will insure the establishment of common Jails
which will be sufficient to retain criminals, without the
expense of guards, or necessity of loading them with
The time and mode of choosing Electors to vote for
President and Vice President of the United States, is
of sufficient importance to insure your immediate action.
One among the important duties to be performed by
'he present Legislature, will be the judicious disposal
of the fund which will arise from a donation of seventy
two sections of land granted to the State by the Gene
ral Government, for the purpose of establishing a sem
inary of learning. Its magnitude will doubtless insure
your serious consideration and action. The creation
of institutions of learning upon a scale as liberal as our
means will justify, must, when carried into effect, give
;o our young State an early, respectable and proud
'land among her sister Republics. Most of the States
in our Union have adopted measures and created funds
ora general system of education within their respect
ive borders, and from their experience we tire taught
that an earlier movement in the same benevolent course
would have much advanced the moral and intellectual
standard of their citizens ; and learning wisdom from
the experience of our neighbors, we can, in the outset,
take such steps as will, in the course of a few years,
enable all our citizens to bestow on their children the
benefits of education.
Ardently hoping that unity and harmony of action
will.prevail in your deliberations, and nothing be done
which will prove prejudicial to the best interests of the
people, and that wisdom may guide you in the creation
of wholesome and salutary laws, that will reflect honor
on yourselves, and give character to our State, is the
devout supplication of your fellow-citizen.
Little Rock, September 17th, 1836.
Thomas O. Mark, Esq. is an authorized Agent for
■he Advocate, at Pocahontas, Randolph county.
I he Hon. A. H. Sevier and his Excellency YVm. S.
Felton were on Monday last elected to tlie'lJ. S. Se
nate from this State. Sixty members voted on joint bal
lot. Col. Sevier received every vole—Gov. Fulton 56
votes, and Horace F. Waiwortii, Esq. 4 votes. Sev
eral members were absent, among whom were Messrs.
Ball and McLain of the Senate, and Messrs. Anthony,
V: ne, Byrd, Marshall, May and Roysdon of the House,
it Senators elect are both Van Buren men. The
-tte congratulates the country on the event. Gov.
in appreciates the kindness of the Gazette and the
"e learn that a rencontre took place at a horse race
or. Lee's Creek in Crawford county,on Saturday the 10th
between James Shannon and Jackson Trammell, a
lad of 19, which resulted in the death of Trammell, from
-- wound recived in the side from a large butcher knife.
Shannon has made his escape. His father Thomas R.
Shannon and brother John Shannon were arrested as
participants in the murder, and bound over for their ap
pearance at the next Crawford Circuit Court. James
Shannon is said to have been badly wounded in the af
Dudley, the Whig candidate for Governor in North
Carolina, is elected by 4,000 majority. The anti-Van
Buren majority in that State in November will be 10,000.
We have election returns from eight States. Van
Buren has the votes of three—Illinois, Missouri and Ar
kansas—19electoral votes. Louisiana, Alabama, North
Carolina, Kentucky and Indiana—51 electoral votes—
•lave gone against him. Van Buren is ip a “bad box.”
I About 3,000 Creeks were to start from Alabama for
their now country west on the 24th ult.
The Gazette is praising Gov. Fulton again. Treach
I ery first and hypocrisy afterwards. Had he been beat
for Senator, lie would have been “a grinning excres
cence”—“a harlequin”—“a good sort of man—but not
exactly able to construe statutes,” again. The Gazette
is always getting into “diffiqueltitsThat’s the way
one of your new friends used to spell the word, is it not!
From the Arkansas Gazette.
JVJr. Editor—Is it true that there are men in the le
gislature, who have been considered of the Van Bu
reti party who design to support C. I’- Bertrand for the
high and responsible office-of State Treasurer, against
my old friends J. N. Boyle, Win. E. Woodruff or Da
vid Fulton, as the case may be. If we have men in the
ranks who do not intend to act with Republicans but
who will vote with the opposition on ALL occasions,
we ought to know who they are and to be undeceived
at once. I do hope the printers of Littlo ltock will
publish the yeas and nays on all occasions—so that
we may know “w/io is icho.” The Lord deliver us
from men who are classed with the Democrats on pa
per, but who strive to make the opposition the majori
ty on all occasions. The sooner we find out such men,
the better. NO TIME-SERVER.
We take the foregoing morceau from the last Gazette.
It purports to be a communication—but smacks strongly
of the principles of the Editor. It is a kind of drill order
from the orderly sergeant. Disgusted as we have been
with the conduct and avowals of the leaders of the party,
we have said but little about them for several weeks.
We had never supposed that in any part of the United
States—in any portion of a great free republic, the con
ductors of a public press, and the leaders of a republican
party, would be found so shameless, so utterly lost to ev
ery feeling which ought to animate the bosoms of men
who feel themselves free, and are willing to see others
so, as unblushingly to publish to the world that they
were in favor of giving office solely on partizan grounds.
Did we imagine that the people subscribed generally
to this doctrine, we for one would prefer being a serf in
Russia, to a citizen in America. The thought is sick
ening—it leads one to despise human nature—and to be
lieve that mankind are indeed not capable of self govern
ment. Regarding the subject with loathing, we would
not now touch upon it, were it not in our power to say
that we have been disappointed. We freely confess that
we have done injustice to the present Legislature. We
did fearfully believe that they came here as partisans—
and could be drilled and manoeuvred like regular troops.
We were wrong. We have seen the experiment tried.
In the elections for Secretary of State and U. S. Sena
tors drilling was in vain—discipline was useless. The
party leaders were discomfited, and their purposes de
feated. Yet it seems they mean to make another trial.
The Committee of both Houses has reported that it found
the. Treasurer’s books “strictly correct”—and passes a
high encomium upon Mr. Bertrand, the present insum
bent. Vet “No Time Server” calls on the members
to vote against. Bertrand because he. is an opposition man.
Out upon such viflainy! What has the office of Treasu
rer to do with politics? Mr. Bertrand has served the
people faithfully—he is capable, he is honest. What
'more do the people require? These pitiful attempts to
j injure him will serve only to advance his interests. We
cantell these meddling dictatorial scribblers—the poor
progeny of ignorance and impudence, that they can nei
ther coerce, cajole nor drill this Legislature—and we are
proud to be aole to say it. There are indeed a few men
in either House—poor, pitiful, pliant tools—rarvile as
the eunuchs of an Asiatic despot’s harem—but they are
few, if not far between. The greater portion of both
Houses cannot be corrupted or led by the nose.
Thursday, Sejjtcmber 15, 1836.
Mr. Ferguson was appointed to carry a message to
i the H. of Hep’s., informing them oi the adoption on
yesterday, of a resolution, appointing a committee to
act in conjunction with a committee appointed on the
i part of the House, to wait ori the Governor and inform
him that the two houses are now ready to receive any
communication he may see proper to make, and ascer
tain at what time he will make said communication,
and to ask the concurrence of the House thereto.
Mr. Ringgold introduced a bill authorizing the ap
pointing Trustees to the Batesville Academy, which
was read a first time and ordered to a second reading
on to-morrow.
The bill from the H. of Rep’s., entitled “a hill to be
entitled an act to provide for the election of a Presi
dent and Vice President of the United States, was ta
ken up and read a first time, and on motion the rules of
the House being dispensed with, the bill was read a se
cond time, and on motion of Mr. Brown ordered to be
committed to the committee of the whole, and made
the order of the II. for to-morrow.
Mr. Tully presented a message from the H. inform
' tug the Senate of the appointment by the House of
{ Messrs. Tee vault, May, Reyburn, Roberts and Bran
don, ns a committee on counties and county lines, and
I asking the appointment by the Senate of a committee
to act in conjunction with them.
| Messrs. Ferguson, Kuykendall and Williamson
were accordingly appointed said committee, and the
House informed thereof.
The bill from the House, entitled an act to establish
and define the boundaries of Searcy county, was taker
up, read a first time, and the rules being dispensec
with, was read a second time, and on motion of Mr
Saunders ordered to a third Reading on to-morrow.
Tho resolution in relation to the election of a public
printer, as amended in the II. of R., was taken up
and, on motion of Mr. McCamy, was concurred in, ]>t
yeas and nays, as follows.
Yeas—Messrs. Ball, Brown, Kuykendall, McCamy
Saunders, Thornton, Williamson and Mr. President—
I _ JYays—Messrs. Clark, Ferguson, Hill, Izard, Mc
Kean, Ringgold and Smith—7.
The Senate concurred in the resolutio from the F.
of It., for the appointment of a joint committee on pub
lic buildings, and Messrs. Izard, Ball and Smith were
j appointed on said committee on the part of the Senate.
A resolution, from the H. of R., appointing the 16th
j in9»y the joint election of a public printer, was, on
i motion of Mr. McCamy, laid on the table.
The House met pursuant to adjournment. A mes
sage was received Horn the Senate informing the House
j body had adopted a resolution appointing a
.committee to act in conjunction with such committee
!as may be appointed on the part of the House to wail
! "Pon lhe Governor and inform him that the two Hous
es aie now ready to receive any communicalion he
may wish to make, and to ascertain from him at what
tune it will suit his convenience to make such com
The message was concurred in by the House, and
Messrs. 1 olleson, Jh ranks and Brandon, were appoint
; ed said committee.
j The resolution of the Senate of Tuesday, on the
| subject of Banking, was taken up and concurred in,
| and a select committee was appointed, consisting of
Messrs, Davies, Caldwell, Dickinson, Smith, Lasater
and Drennen, to act in conjunction with the committee
on the part of the Senate.
The speaker announced the appointment of Messrs.
Teevault, May, Reyburn, Roberts and Brandon, as a
standing committee on counties and county lines.
The speaker also announced the appointment of
I Messrs. Royston, Pelham, Allston, Anthony and Mil
; ton, as a standing committee on the Public Buildings,
i The committee on Elections to whom was referred
I the contested election from Van Buren county, where
in John S. Rafferty was contestov and Luke Grimes
’ oontestee, reported in favor of Mr. Grimes, the sitting
i Mr. Cocke from the same committee, made the fol
lowing report :
j The committee or. Elections, to whom was referred
j the contested election of Martin Jones of White coun
! ty, wherein John P. Brown is contestor, and said Jones
contestee, beg leave to report.
That they have had the same under consideration,
and that they are uninformed of the number of votes
given to either party, and cannot ascertain from the
testimony, that any illegal votes were given, and pray
ed to be discharged.
Mr. Dickinson from the committee to whom was re
ferred the bill entitled an “Act to provide for the elec
tion of President and Vice President of the United
States, reported the same without amendment.
The rules were dispensed with, the bill read a third
time, and passed.
Mr. Roberts introduced a bill regulating the bounda
ry lines between the counties of Searcy and Izard,
which was read a first, second and third time and pass
Mr. Tidwell offered the following resolution which
was adopted :
Resolved, That a standing committee be appointed
on memorials.
On motion of Mr. Smith, it Was
S Resolved, That a committee of three be appointed
on the part of the House to ascertain from the different
Editors, the former prices of the public printing,
Mr. Culp gave notice that on next Monday, he
| should introduce a bill for the election of new cominis
sioners, for the county of Izard and for moving the
present county seat to Pine Bayou until a county seat
j is fixed by law.
On motion of Mr. Roysdon, it was
Resolved, That a standing committee to consist of
i five members, be appointed to be called the committee
j on Education and the University Lands.
On motion, Messrs. Dickinson, Tollcson, Maxwell,
Littell, Hoge, Teevault, Tully and I.inton, were add
I ed to the committee on the Judiciary,
j Mr. Tully gave notice that on Thursday next, he
! would ask leave to introduce a bill amendatory of the
law on the subject of divorce.
Mr. Cocke offered the following resolution, which
was put to the House and last.
Resolved, That a joint committee be appointed to act
in conjunction with such committee as may be appoint
1 ed by the Senate, to lay off the Judicial Circuits of the
| State of Arkansas.
Mr. Linton submitted the following:
Resolved, That it is the sense of this House that no
! member is elligible to the Office of Judge of the Su
preme Court, Circuit Court, Prosecuting Attorney,—
which was ordered to lie on the table,
i On motion of Mr. 3Iors, it was
! Resolved, That the Senate be invited to attend in the
1 Representatives’ Hall on Friday the 18th of September
| instant, at 10 o’clock A. M. on said day, for the pur
pose of electing a Public Printer.
A message was received from the Senate by Mr.
Thornton, informing the House of the adoption in the
Senate of their resolution, relative to counties and
county lines, and that Messrs. Ferguson, Kuykendall
j and iiliamson, are appointed the committee on the
part of the Senate.
On motion of Mr. Smith, it was
j Resolved, That this House proceed to the election ol
Secretary of State this day at half past 4 o’clock, P.
j M. and that the Senate bo requested to concur there
J in.
j A message was received from the Senate, be Mr.
Ball, in forming the House that the Senate had con
curred in the resolution in relation to Public Buildings,
I and that Messrs. Ball, Izard and Smith were nppoint
ed the committee on the part of the Senate.
Friday, September 16.
The bill from the H. of R. “to provide for the elec
tion ol President and \ ice President of the U. S.” was
considered in committee of the whole, Mr. VNilliamson
in the chair, reported with an amendment, which was
concurred in, and referred to a select committee, con
sisting of Messrs. Williamson, Ringgold and Fergu
1 he Senate proceeded to the Representatives’ Hall,
when the two Houses proceeded to a joint election of a
Secretary of State, which resulted in the election of
Robert A. \\ atkins, who received 45 votes, over
John J. Clendenin, who received IS votes.
The Senators who voted for Mr. Watkins, were
i Messrs. Clark, Ferguson, Hill, Izard, Kuykendall,
Martin, McKean, Ringgold, Saunders, Smith and
j Thornton; and those who voted for Mr. Clendenin,
j wcre Messrs. Ball, Brown, McCamy, Williamson and
I he bill, to establish and define the boundaries of
Searcy county, was read a third time, and referred to
the committee on counties and county lines—[who re
ported it on Saturday, without amendment. 1
Hie House met pursuant to adjournment.
Mr. ]>yrd offered the following resolution, which on
motion, was laid on the table, to wit:
Resolved, I hat the House proceed to the election
of two Senators to the Senate of the United States, on
. atuirlay the 24ih instant, and on the same day that
the House proceed to the election of Auditor and Trea
surer for the State.
i The speaker announced the appointment of the fol
lowing standing committees, to wit:
On Ways and Means, Messrs. Caldwell, Swain,
Boone, Logan, Mors and Jones.
On Memorials, Messrs. Tidwell, Linton, Grimes,
i Uoge and Tucker.
1 Education and the University Lands, Messrs.
Roysdon, Phillips, Roystoo, Blair, May, Tavlor and
1 olleson.
On motion of Mr. Cocke
Resolved, That a select committee be appointed I
act m conjunction with such committee as may be ai
pointed by the Senate to examine and report the coi
ditton of the State House, Court House and Jail Fum
and also to examine the title of the lots, on which tl
I ubhc buildings are erected.
I Messrs. Cocke, Hill and Logan, were appoim
. said committee. F1
Mr. Thompson gave notice that on Monday next, h
j should ask leave to introduce a bill to run and mar
the line between Hempstead and Pike counties, and
also the line between Sevier and Pike counties.
Pursuant to invitation the Senate entered the Renr^
senttives’ llall, tor the purpose of electing a secretatv
of State. ^
Mr. Roysdon nominated Robert A. Watkins, and
Mr. Teevault nominated John J. Clendenin.
The roll of the Senate being called by the Secretary
| of the Senate* and that of the House by the Clerk there
I of, it appeared that Robert A. Wutkins had 45 votej
! and John J. Clendenin had 18 votes,
i Whereupon the Speaker of the House announced
; that it appearing that Robert A. Watkins* had received
a majorty of all the votes, was therefore declared to be
duly elected Secretary of the State of Arkansas, for the
term of four years, and until his successor in office is
duly appointed*
Those who voted for Robert A. Watkins were
Messrs. Alston, Byrd, Blackmore, Blair, Caldwell
Calvert, Culp* Cocke, Davies, Dickenson, Franks'
Grimes, Ilardin, Jones, I.assater, Linton, Liltell
Maxwell, Morton, Milton, Pelham, Phillips, Pyeburn,
Roysdon, Royston, Reagan, Roberts, Smith, Shell,
Tucker* Tidwell, Taylor, Thompson, Tolleson_34,
Those who voted for John J. Clendenin were
Messrs. Adams, Boon, Brandon, Drennen, Hoge,
Logan, Mors, Reyburn, Tully, Teevault, Vaughn,
Whinnery and Mr. Speaker—13.
On motion the House adjourned.
Saturday, Sept. it,
Mr. Williamson, from the select committee to whottt
was referred the bill, from the House of Represents*
lives, “to provide for the election of President and
Vice President of the United States,” reported a sub
stitute for the original bill, which was adopted, and read
a third time and passed, and sent to the House ofRep
resentatives for concurrence in the amendment.
The resolution from the House of Representatives,
for the appointment of a joint committee on Education
and University Lands, Was concurred in, and Messrs,
dark, Izard and Saunders appointed that committee.
The resolution from the House of Representatives,
for the appointment of a joint committee, to examine
and report the condition of the State-house, Court*
house and Jail fuuds, and to examine the title to the
lots on which the public buildings are erected, was ta
ken up. Mr. Ferguson moved that it be concurred in,
which motion was negatived.
Mr. Thornton then moved that the same subjetts
be referred to the committee on the public buildings,
which was agreed to.
The Senate repaired to the Representatives’ Hall,
for the purpose of receiving the Governor’s Message,
[see proceedings of House of Representatives], and
after retiring to their Chamber, 1000 copies of the Gov
ernor’s Message, and 500 copies of the Reports of
the Auditor and Treasurer, accompanying the same,
were ordered to be printed.
Mr. Smith, from the committee appointed to ascer
tain the price of public printing, submitted a report.
Mr. Byrd moved to lay it on the table. It was then,
on motion of Mr. Tully, referred to a select commit
tee, consisting of Messrs. Tully, .Littel!, Lassater,
Thompson, Drenneu, Smith, and Logan.
Mr. Teevault offered a resolution, to proceed to the
election of United States Senators, this day, at II o’
clock ; which, on motion of Mr. Royston, was laid on
the table.
Mr. Tolleson offered a resolution, that the Senate be
invited to proceed immediately to the election of Judg
es of the Supreme Court, which was laid on the table.
On motion of Mr. Byrd, it was
Resolved, That the 17th section of the 5th article of
the Constitution he so construed as that no joint reso
lution of the two Houses of this General Assembly re
quire the signature of the Speaker of the House of
Representatives, the President of the Senate, and Gov
ernor of the State, other than those which are to have
the effect of a law of said General Assembly, and that
the Senate be respectfully asked to concur herein.
The Senate having been introduced into the Repre
sentatives’ Hall, the Governor of the State of Arkan
sas transmitted to both Houses of the General Assem
bly thereof, by John J. Clendenin, Esq. his Private
Secretary, the following Message: [See 1st page.]
One thousand five hundred copies of the Governor’s
Message, and 400 copies of the Reports of the Auditor
and Treasurer, accompanying the same, were ordered
to be printed.
On motion the House adjourned.
Monday, Sept. 13
The resolution from the II. of R.* in relation to ibc
construction of the 17th sec. 5th art. of the constitu
tion, was taken up. Mr. Ringgold offered an amend
ment, which was lost, when, on motion of Mr. Brown#
the resolution from the House was negatived.
Mr. Smith moved a resolution, that the two Houses
proceed to the election of the three Judges of tire Su
preme Court and two U. 8. Senators, on this day, at
12 o’clock. Mr. Brown moved to substitute 12 o’
clock to-morrow; and Mr. Hill moved to strike out
Supreme Judges—which motions were negatived, and
the resolution laid on the table.
Mr. Hill introduced the following preamble and re
solutions. which, on Iris motion, were laid on the table.:
TV hereas it is, at this time, inexpedient to legislate
upon any subject which is not indispensably necessary
to the complete organization of the civil and military
authority of the State ; for the assessment and collec
tion of Texas ; for the receipt and expenditure <>«
moneys allowed to the Senate of Arkansas by an act
of Congress, entitled “An act to regulate the deposites
ol the public moneys,” approved the 23d June, 1836 ,
for the establishment of such Bank or Banks as will
promote the general welfare of the citizens of the State
for the payment of all public officers of the State : for
the enforcement of a strict accountability of the public
officers, against, and servants of the State, whose du
ties and responsibilities are not sufficiently defined by
the Constitution ; therefore, .
Be it resolved, That it is expedient for this genera
assembly to provide for the appointment of suitable per
sons to prepare a revision digest and arrangement ot
the laws of this State, a3 provided for by the Constitu
tion, to be submitted to this general assembly, at a su
sequent meeting, under such penalties, and in conform
ity with such regulations, as may be prescribed in that
On motion of Mr. Izard, the Senate concurred n the
invitation of the H. of R. to proceed to the election
Senators. Mr. Clark moved to go into the election
Supreme Judges at the same time, which was nego i
The Senate then, at i past 11 o’clock, repaired ®
! the Representatives’ Hall, and proceeded to
! tion of two Senators of the U. S.; when Mr. Smi * ^
the Senate, nominated Ambrose //, Sevier; Mr- Beg® *
| of the H. of R. nominated William S. Fulton, and '
Smith# of the II. of R., nominated //■ F. ftalvxr

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