the 6th an ordinance of secession was passed, and immediately thereafter the convention despatched its commissioners to Montgomery, Alabama, to ally the State with those forming the new confederacy. This was done without at all consulting the people, and thus was inaugurated a reign of desolation, terror, and blood, the like of which the world has seldom if ever seen. Men of little practical worth, and of less morals than worth, became the apostles of this new doctrine; they belabored the people at every town, hamlet, by-place, and country cross-road, or dram-shop. They descanted at large upon the glories, the magnificence, the uncomputed wealth, the surpassing grandeur of a southern confederacy; the laborer of to-day under the old government was to be a nabob, a moneyed prince of the new confederacy; he that hesitated, that doubted, that could not realize all that was told him, and more, was a submissionist, a coward, a traitor, a fogy, a fool, a fit associate only for the ascetic, cold, plodding, heartless, soulless northerners, whose treachery and crimes were painted darker than Erebus. Such an one should not dare think of mingling in the society of the élite, dashing, chivalrous southerner, in whose veins flowed the best blood of all nations, and whose transcendent virtues were plucked direct from the throne of the Eternal. Indeed, the devil never labored half so hard to beguile mother Eve as did secessionists to deceive Union

men.

Volunteer soldiers were called for to fight the battles, if battle should be needed, of this "golden government." There, however, was to be no fight; the "vandal hordes" were to quail and flee before southern daring. But fluent declamation and beautiful imagery could not stultify a large portion of the practical, thinking, patriotic Union men of Arkansas; they would not volunteer into the new service. For their benefit the confederate conscription of May, 1862, was most graciously tendered. By this they were forced into the army or compelled to flee their homes to the swamps or mountain fastnesses, there to be hunted down like wild beasts by devils and hounds. By the rigor of the confederate conscription the State was almost depopulated of men until the people were relieved by the federal armies. There were several regiments and parts of regiments of Arkansas troops raised prior to General Steele's occupation of Little Rock, details of which can be furnished if needed. In September, 1863, General Steele occupied Little Rock, and General Blunt Fort Smith. A large portion of the State, by those movements, was rescued from the confederate despotism; the swamps, the canebrakes, the mountain gorges gave up their long-hidden treasures, and, like the fabled hosts of Attila, men seemed to riseas by magic out of the ground, and flock to the standards of Steele and Blunt. There are now between seven and ten thousand true and tried Arkansians bearing arms in the federal service.

Very soon after the federal occupancy of the State the reorganization movement commenced. Large and enthusiastic reorganization meetings were held all over the liberated portion of the State. In November, the third congressional district, composed of the counties of Marion, Carroll, Madison, Benton, Washington, Newton, Pope, Yell, Perry, Johnson, Franklin, Crawford, Sebastian, Scott, Polk, Montgomery, Clark, Pike, and Sevier, elected, by a vote of over 4,000, Colonel J. M. Johnson as a member to the United States Congress. In December, a number of stanch, prominent Union men of the State visited Washington city to see and confer with the President and with Congress, to learn what the State could do or what she ought to do. Early in January, 1864, a convention, composed of delegates from about one-half the counties of the State, assembled in Little Rock. After nearly three weeks' deliberation, they agreed upon a plan of reorganization. They amended, in a few important particulars, the old State constitution, a copy of which, as amended, is herewith forwarded. They appointed a provisional governor, lieutenant governor, and secretary of state. They provided for an election, to be held on the 14th, 15th, and 16th of March, at which election the voters of the State were not only called upon to vote for all State, district, and county officers, but to vote upon the acts of said convention, approving or rejecting the same. While the convention were working at Little Rock, the Arkansas citizens in Washington had not been idle. They had represented to the President the great solicitude of their people at home. The President, not knowing of the action of the convention, ordered Major General Steele, commanding, to have an election in the State, to take effect on the 28th of March There was no previously arranged concert between the Arkansas citizens in Washington and the members of the convention; but so great and allabsorbing was the one grand question, that of State reorganization, that there was not the slightest conflict in the results of their proceedings, save a difference of two weeks' time in the day set for holding the election; and what is still the more remarkable, the day set apart by the President was that first fixed upon by the convention; but upon mature deliberation it was thought that the people could be as well prepared for the election by the 14th as they could by the 28th, and that Arkansas had no time to lose in so important a measure. The President, after issuing his first order for an election, became advised of the action of the convention and immediately countermanded his first order, and instructed General Steele to keep the convention on its own way" by holding the election on the 14th, 15th, and 16th of March, as provided by the convention. You will perceive that the election in Arkansas was held not only in accordance with the promptings of a general uprising of the Union sentiment of the State, but in obedience to a positive order of the President of the United States.

That election ratified the constitution and ordinances of the convention by a vote of more than 12,000, elected a governor, a lieutenant governor, a secretary of state, an auditor of public accounts, a State treasurer, an attorney general, three supreme judges, three members to Congress, one from each district, as per apportionment under act January 19, 1861, six circuit judges, seven prosecuting attorneys, twenty-three out of twenty-five State senators, and fifty-nine out of seventy-five representatives to the legislature, all of which will more fully appear from the governor's proclamation of April 11, a copy of which is herewith forwarded. By a reference to dates you will perceive that reorganization in Arkansas commenced several weeks prior to the issuance of the President's amnesty proclamation of December 8, 1863, which was not generally received in Arkansas till some two or three weeks later. The people, though possibly not approving that proclamation in all its details, laid hold of it as an anchor of hope; it infused new life and vigor into the reorganization movement throughout the State.

The people held their elections buoyant with hope, never doubting for a moment the faith of the government, that if they complied with expressed requirements of that proclamation, their acts should be valid and they entitled to all the benefits therefrom arising. The State gave largely more than twice the number of votes required of her in that proclamation, and the votes given were not confined to one or two small and crowded localities. Arkansas has no large cities. She has fifty-five counties; by a reference to the governor's proclamation you will perceive that forty-three of these are represented in the lower house of the State legislature. Her Congressmen were elected each in his own district by a vote bearing a fair ratio to the vote in 1860, as compared with the whole State vote, now compared to the whole vote of 1860.

The first district is composed of the counties of Greene, Mississippi, Craighead, Randolph, Lawrence, Fulton, Izard, Searcy, Van Buren, Independence, Jackson, Poinsett, Crittenden, Saint Francis, White, Conway, Prairie, Arkansas, Monroe, and Philips. These twenty counties in 1860 had a white population of 112,310 persons; allowing one vote for every six persons, the ratio of the presidential vote of the State for that year would give this district a voting population at that time of 18,718. In the election of the 14th, 15th, and 16th March it gave a vote of something more than 3,000, fully one-sixth of the vote of 1860. In this district six counties, Greene, Craighead, Mississippi, Poinsett, Randolph, and Searcy, are not represented in the lower house of the State legislature. The people of these counties were deterred from voting by bands of confederate soldiers in the rear of General Steele.

T. M. JACKS, MEMBER ELECT.

In the counties of the first district not represented in the State legislature there were in 1860 24,681 white persons, representing 4,113 voters, which number subtracted from the whole number, 18,718, leaves no less than 14,605 voters of 1860 represented now in the legis lature by the vote of the 14th, 15th, and 16th March.

A. A. C. ROGERS, MEMBER ELECT.

In the second district the counties not represented in the legislature had in 1850 a white population of 24,008, equal to 4,001 voters, which taken from the whole number, 15,096, leaves 11,095 voters of 1860 now represented in the State legislature.

J. M. JOHNSON, MEMBER ELECT.

In the third district-the county of Perry the only one not represented in the legislaturethere were in 1860 2,162 white persons, making 360 voters; these taken from 20,298 leave 19,938 voters of 1860 now represented in the State legislature.

The second district is composed of the counties of Pulaski, Saline, Hot Springs, Jefferson, Dallas, Bradley, Drew, Desha, Chicot, Ashley, Calhoun, Union, Ouachita, Columbia, Hempstead, and Lafayette. This district in 1860 had a white population of 90,562, giving, for the same time, 15,096 voters; this district returned its member by a vote of more than 2,000. In this district the counties of Ashley, Chicot, Columbia, Desha, and Union have no representatives in the legislature.

The third district, composed of the nineteen counties before mentioned that elected Colonel Johnson to Congress in November, 1863, had in 1860 a white population of 121,788, giving, as per ratio adopted, 20,298 voters at that time. They now give a vote of more than 5,000. All the counties of this district are represented in the legislature, except Perry.

Of the voters of 1860, we think we are safe in saying that more than one-half of them have been forced from the State or into the rebel armies. Of those remaining in the State, and not in the confederate armies, we think fully one-half voted; and of those who have proved their loyalty by voluntarily subscribing the President's amnesty oath, more than four-fifths of them voted.

The legislature met in Little Rock on Monday, the 11th of April. The senate organized on Tuesday, with seventeen members present; the house not till Friday, there not being a

quorum in attendance until that day. The two houses have been regularly in session ever since. The latest intelligence we have from them they had chosen one United States senator, and were balloting for the other. The governor, Isaac Murphy, was duly and formally inaugurated on Monday, the 18th April. All the other officers of the State have been qualified and properly inducted into office. County and township officers, such as sheriffs, clerks, county and probate judges, treasurers, coroners, school commissioners, internal improvement commissioners, justices of the peace, and constables, were elected at the late election for most of the counties. For those that could not hold their elections in March there is ample provisions made, as you will see by a reference to the schedule appended to the constitution. You will thus perceive that the machinery of our State is fully at work; that it is as yet a little rough. That it needs a little "grease," we, as well as any one else, do know; but that the earnest will and the indomitable energies of the people will make it "go" is not to be questioned by any one cognizant of the facts, for a moment.

In conclusion, permit us to say in behalf of our people, that Union men in Arkansas have suffered what the world may imagine, but can never know; they have passed through ordeals of sophistry and lies, fire and sword, pestilence and famine, terror and blood, and to-day they stand forth the purified monuments of constancy and patriotism, willing still to make further sacrifices for country and principle. We present them to you, believing them worthy your most earnest and serious consideration. We present them as true men, not as quasi secessionists; not as half-reclaimed rebels. They know that by the terrible convulsions of the last three years the pride of their State has been humbled, but they suffer no man to insinuate that their honor has been compromitted or themselves thereby disgraced. They feel but too keenly the pierce of this barb, perhaps unintentionally but too often hurled at them by men whose good fortune it has been to live where loyalty was fashionable-where loyalty was popular. Permit us to say for our people, that none but the southern Union man can ever know the highest cost of loyalty. From our more fortunate brothers we expect all the rights, franchises, and amenities due American citizens. We ask nothing more; we are willing to receive nothing less. We come not as paupers, asking charity, but as equals, claiming justice.

Hoping this condensed statement may be of service to your committee in arriving at conclusions which shall be alike just and generous to the suffering people whom we have the honor to represent, We subscribe ourselves, most respectfully, yours,

T. M. JACKS.

J. M. JOHNSON.
A. A. C. ROGERS.

Hon. H. S. DAWES,

Chairman Committee of Elections.

PROCLAMATION.

EXECUTIVE OFFICE, Little Rock, April 11, 1864. In accordance with the provisions of the schedule appended to the constitution adopted by the late convention of the State of Arkansas, I, Isaac Murphy, provisional governor of said State, do hereby make proclamation that, at an election held on the 14th, 15th, and 16th days of March, 1864, the constitution and ordinances of said late State convention were ratified within the meaning of the President's proclamation of December 8, 1863, and that the vote for and against the constitution and ordinances was as follows:

Constitution and ordinances, ratified, twelve thousand one hundred and seventy-seven

votes.

Constitution and ordinances, rejected, two hundred and twenty-six votes.

And I further certify that the following named persons were elected to the various offices hereinafter named, to wit:

Robert J. T. White, secretary of state; James R. Berry, auditor of public accounts; E. D. Ayres, treasurer of state; Charles T. Jordan, attorney general; C. A. Harper, T. D. W. Yonley, and Elisha Baxter, supreme judges.

Elected to Congress.-1st district, T. M. Jacks; 2d district, A. A. C. Rogers; 3d district, J. M. Johnson.

Judges of circuit courts elected.-1st judicial circuit, J. M. Hanks; 2d judicial circuit, R. A. Whitmore; 3d judicial circuit, ; 4th judicial circuit, Thomas W. Pounds; 5th judicial circuit, W. M. Matheney; 6th judicial circuit, ; 7th judicial circuit, ; 8th judicial circuit, Elias Harrell; 9th judicial circuit, A. N. Hargrove. Prosecuting attorneys elected.-1st judicial circuit, J. T. Moore; 2d judicial circuit, R. V. McCracken; 3d judicial circuit, ; 4th judicial circuit, Joseph Cravens; 5th judicial circuit, S. W. Williams; 6th judicial circuit, ; 7th judicial circuit, W. B. Pagett; 8th judicial circuit, Thomas H. Patton; 9th judicial circuit, J. R. Steele.

MEMBERS ELECTED TO THE LEGISLATURE.

Senators.-1st senatorial district, E. D. Ham; 2d senatorial district, John McCoy; 3d senatorial district, Jesse M. Gilstrap; 4th senatorial district, Luther C. White; 5th senatorial district, Charles Milor; 6th senatorial district, William Stout; 7th senatorial district, F. M. Stratton; 8th senatorial district, Thomas Jefferson; 9th senatorial district, King Bradford: 10th senatorial district, E. D. Rushing; 11th senatorial district, J. J. Ware; 12th senatorial district, J. M. Lemmons; 13th senatorial district, A. B. Fryrear; 14th senatorial district, T. Lamberton; 15th senatorial district, J. Q. Taylor; 16th senatorial district, Trueman Warner; 17th senatorial district, no returns; 18th senatorial district, I. C. Mills; 19th senatorial district, W. C. Valandigham; 20th senatorial district, R. H. Stanfield; 21st senatorial district, no returns; 22d senatorial district, W. H. Harper; 23d senatorial district, E. W. Gilpin; 24th senatorial district, L. D. Cantrell; 25th senatorial district, E. H. Vance. Representatives.-Arkansas county, G. C. Cooper; Bradley county, W. W. Scarborough; Washington county, John Pearson, W. H. Nott, M. H. Patton, and Waddle; Benton county, R. H. Wimpey, Jesse Shortess; Madison county, T. H. Scott, G. W. Seamans; Carroll county, J. W. Plumley, J. F. Seamans; Newton county, James R. Vanderpool; Crawford county, John Austin, J. G. Stephenson; Franklin county, F. M. Nixon; Johnson county, John Rogers, A. P. Melson; Pope county, Robert White; Marion county, J. W. Orr: Conway county, G. N. Galloway; Yell county, B. Johnson; Van Buren county, L. M. Harris; Izard county, J. B. Brown; Independence county, J. Clabb, A. Harper; White county, J. J. Randall; Jackson county, A. J. McLaren; Lawrence county, Reed Shell, Ephraim Sharp; Fulton county, Simpson Mason; St. Francis county, R. H. Moore, C. S. Stile; Crittenden county, F. Thursby; Philips county, J. A. Butler, J. F. Hanks; Monroe county, E. Wild; Jefferson county, H. B. Allis, D. C. Hardeman; Pulaski county, O. P. Suyder, L. S. Holeman; Prairie county, J. B. Claibourne; Drew county, Wm. Cox, F. H. Boyd; Dallas county, James Kennedy; Ouachita county, J. W. Neill; Calhoun county, E. A. Ackerman; Clark county, J. H. Green; Montgomery county, J. C. Priddy; Pike county, M. Stinnette; Hempstead county, Jas. Bowen, L. Worthington; Sevier county, Jno. Gilcoat, N. Musgrove; Lafayette county, J. C. Hale; Saline county, Warren Holleman; Hot Spring county, Thomas Whitten; Sebastian county, J. R. Smoot, Jacob Snyder; Scott county, Thomas Cauthorn; Polk county, John Wear.

All of which appears of record, according to the poll-books returned and now on file in this office.

In testimony whereof, I, Isaac Murphy, provisional governor of the State of Arkansas, have set my hand, (there being no seal of office.)

Done at Little Rock this day and date above written.

ISAAC MURPHY, Prov. Governor of Arkansas.

OFFICE SECRETARY OF STATE,

Little Rock, Ark., April 23, 1864.

The above is a true copy of the proclamation on file in this office.

ROBERT J. T. WHITE,
Secretary of State.

CASES

OF

CONTESTED ELECTION

IN

THE SENATE OF THE UNITED STATES.

Several cases are inserted in the following pages which are not, strictly speaking, cases of "contested election." As important legal points were settled in reference to the rights of senators to their seats, they were included for convenience of reference.

TWENTY-FOURTH CONGRESS, SECOND SESSION.
Mr. SEVIER, of Arkansas.

Mr. Sevier was elected one of the first senators from Arkansas after the admission of that State into the Union. He was elected in 1836, and according to the rule of the Constitution, and according to practice, he and his colleague had to draw lots to know what class of senators they should be assigned to. In that lottery Mr. Sevier drew the shortest term, which expired on the 4th of March, 1837; so that, having been elected in 1836, he occupied his seat but about a year. After he drew the short term, and before the period arrived at which he would have to retire, the governor of his State, contemplating the vacancy which would happen after the 3d of March, 1837, appointed Mr. Sevier to fill that vacancy. The Senate sanctioned the act of the governor.

Mr. GRUNDY submitted the subjoined report from the Judiciary Committee: At the last session of Congress the State of Arkansas was admitted into the Union, and the legislature of that State, in the month of October, 1836, elected Ambrose H. Sevier and William S. Fulton senators to represent the State in the Senate of the United States. It also appears that, upon the allotment of the said Arkansas senators to their respective classes, as required by the third section of the first article of the Constitution, the said Ambrose H. Sevier was placed in the class of senators whose term of service expired on the 3d day of March, 1837, and that the legislature of Arkansas have had no opportunity of filling the vacancy, not having been in session since the fact that the vacancy would occur could have been known in that State. The governor of the State of Arkansas, on the 17th day of January last, commissioned the said Sevier as senator, to fill the vacancy which would take place on the 3d of March. Upon this state of the case, the question is presented whether the said Ambrose H. Sevier is entitled to his seat under the appointment made by the executive of the State of Arkansas. In looking into the practice of the Senate upon the