SEO. 33. Any person who shall cause, by menace, threats, or violence, or other means, any elector to cast his vote against his will or inclination, or shall, by threats, violence, menace, or otherwise, prevent any legal voter from voting at any election authorized by the constitution and laws of this State, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned in the penitentiary not more than three years, nor less than one year. SEO. 34. All persons, who present a certificate of registration, and whose names appear on the list of voters furnished the judge of election, shall be entitled to vote at any and all elections authorized by the constitution and laws of this State, and no challenge shall be allowed to debar such person from voting. The clerks of elections shall enter the names of electors on the poll-books in the order in which they present their ballots. The judge of the election, after the elector has voted, shall write the word "voted" on the registration certificate, date the same, and sign his name thereto.

SEC. 35. The clerks of election, after the ballots shall have been counted, shall make out an abstract and attach the same to the poll-book, showing the whole number of votes cast for each person voted for, and the office for which the vote was cast. The abstract shall be certified by the judge and attested by the clerks, and, before dispersing, one of the pollbooks shall be put under cover, and it shall be delivered to the county clerk by the judge of election, within three days after the closing of the polls. The other poll-book shall remain in the hands of the judge of election.

Five days after the election, the county clerks are to open and compare the several returns, and make an abstract of them, which shall be forwarded within two days to the Secretary of State. An abstract of votes given for Governor is also to be forwarded to the Speaker of the House of Representatives, and an abstract of those given for presidential electors to be forwarded to the Governor. The Secretary of State is to open all the returns of votes for members of Congress on the last Monday in December, in the presence of the Governor, and cast up and arrange the votes from the several counties, and the Governor is to make proclamation of the result, and furnish the successful candidates with certificates of election. The Secretary of State is to make a roll of the members of each House of the Legislature as elected, and the returns of the vote for Governor are to be opened in presence of both Houses of the General Assembly, at the beginning of the session, and the result is then and there to be published. The following is an additional provision regarding persons whom the assessors have refused to register:

SECTION 45. In all cases where a person has applied for registration, and has been refused, and no determination has been made of the application for mandamus, to compel the assessor to place the name of such person on the registration list, and such ag

grieved person desires to vote at any election under the provisions of the "enforcement act" of Congress, such person shall be entitled to vote at all elections protected by said enforcement act, by presenting to the judge of election a written or printed affidavit, taken before some officer authorized by law to administer oaths, containing the elector's oath as prescribed in section five of Article VIII. of the constitution of the State of Arkansas. The judge of election shall retain said affidavit, and the clerks of election shall note the word "affidavit" after the name of every person voting under the provisions of this section.

There was a vigorous opposition to the bill in the House of Representatives. One speaker characterized it as an outrage. "If there is a law on the statute-books more damnable than another," he said, "it is the present registration law, and the one you propose to pass is tenfold worse than that. The Governor, under this law, can control every election he sees proper."

The act, however, passed the House by a vote of 37 to 24.

Several acts were passed relating to the finances of the State." Among these was a new law for regulating the assessment and collection of taxes, and an act authorizing the issue of 300 bonds of $1,000 each, bearing seven per cent. interest, to provide for the payment of interest on the State debt. An act was also passed authorizing the Treasurer, when Auditor's warrants are presented, and there is no money to pay them, to issue certificates on bank-note paper in sums of one, two, five, and ten dollars, bearing eight per cent. interest, the same to be receivable for all taxes, except interest on the public debt. There was some vigorous opposition to this act, one of the members giving the following reasons for voting against it:

1. Because the chief object of the bill is to create a medium of exchange within the State, which will operate as, and have the effect of, a currency.

2. Because there is no substantial basis upon which currency may be safely issued.

the effect of inflating the currency within the State, 8. Because the issuing of such certificates will have in proportion as the same are issued, and will have the further effect of depreciating the credit of the State in like proportion.

4. Because it is unreasonable to require the people to pay interest on a debt which has been created in a great measure by the mismanagement of their servants, when these servants are the parties to be most directly benefited by the issuance of such certifi

cates.

caused the State to carry out the provisions of said 5. Because additional expense will be necessarily bill, without attaining a corresponding benefit.

Other acts of some importance were passed, as follows: placing the penitentiary under the management of a State superintendent; exempting from taxation for five years all capital employed in manufactures and mining; providing for the incorporation of institutions of learning; for the location, organization, and maintenance of the Arkansas Industrial University, with a normal department; authorizing the appointment of a State geologist; providing for a digest of the statutes; a code of

practice in civil cases; providing for the building and repairing of public levees by the issue of seven per cent., fifty-year bonds, to an amount not exceeding $3,000,000; and an act providing for the election, by the General Assembly, of one State director in each railroad company for every $200,000 of its stock owned in the State. Three new counties were also created, as follows: Nevada, out of portions of Hempstead, Ouachita, and Columbia, with a temporary county-seat at Mount Moriah; Sarber, out of portions of Yell, Johnson, Franklin, and Scott, with a temporary county-seat at Reveille; and Lincoln, out of portions of Drew, Desha, Arkansas, Bradley, and Jefferson, with a temporary county-seat at CaneCreek Church. The Legislature adjourned on the 25th of March, having been in session two months and twenty-three days, cost the State $140,000, and passed seventy-three acts.

The charges of fraud and corruption in the conduct of the election in November, 1870, were taken up by the United States District Court, at its session in April, and a large number of indictments were found by the grandjury, including one against ex-Governor Clayton, for issuing a certificate of election, as member of Congress from the Third District, to General Edwards, when, as was alleged, he did not receive a majority of the legal votes. The charges that were made against registrars, judges of election, and other officers, included registration of persons not entitled to vote, and even of persons who had no existence, receiving votes on the names thus fraudulently registered, exclusion of persons from registra tion who had a right to vote, false counting of the ballots, false returns of the results, etc. These charges were never substantiated, but, as the circumstances of their dismissal were rather peculiar, it may be worth while to note some of the facts regarding the election of 1870. In the first place, the entire vote numbered 53,800, or over 13,000 less than the registered vote of 1867, when large numbers were disfranchised by the reconstruction acts. In Benton County, which has a population of 13,831, mostly white, there were but 854 persons registered; while in Hempstead County, which has 13,768 inhabitants, about one-half colored, there were 2,604 voters on the lists. In Boone County, whose population of 7,032 is mostly white, there were but 312 names registered; while in Chicot County, which has 7,214 inhabitants, composed largely of colored people, the vote was 2,561, or one for every three persons in the county. Similar incongruities were noted in other quarters, and specific accusations of fraud were produced before the grand-jury. Soon after the indictments already mentioned had been found, the United States marshal, General Catterson, and the District Attorney, Mr. Whipple, who had been instrumental in instituting legal proceedings against those charged with frauds in the election, were removed by the President, on the

application of Senator Clayton, and officials friendly to the latter were put in their places. The trials were then very generally abandoned, and that of Clayton himself, which came off in October, resulted in his acquittal.

The general condition of society in the State during the year was as peaceable as could reasonably be expected. There were many local disorders which were often attributed to the so-called Ku-klux Klan; but, although Senator Clayton declared at Washington that there were 20,000 Ku-klux in the State, fully armed and organized, investigation generally resulted in a refutation of the stories. For instance: there were reports of Ku-klux outrages in Sebastian County, and the people at once held a mass-meeting, and chose a committee to investigate the matter. A large number of witnesses were examined, and the result showed that the disturbances had been greatly exaggerated, and were local and personal in their nature, having no reference whatever to the pretended Ku-klux order. In Woodruff County, from which the wildest reports proceeded, the judge of the Circuit Court directed the grand-jury to "go for, dig up, and root out" all the Kuklux in the county. After investigation, the jury reported as follows:

The grand-jury in and for said county having been specially instructed by the court to "go for, dig up, and root out" the Ku-klux and other secret organizations banded together for unlawful purposes, respectfully report that, in pursuance of said instructions, they have labored diligently to that end through the entire term. They have examined witnesses from

every township in the county, being careful to select reliable, truthful men, of different shades of political opinion, black as well as white, in order that they may not be misled in the investigation by the testimony of interested or prejudiced witnesses; and the jurors report that they have failed to elicit from any single witness any information of the existence in might lead to such information, and are fully satisthe county of such organization, or any thing that fied, upon patient and thorough investigation, that none such exists in the county. The jury are further convinced, from information received in the exist in the county any spirit of lawlessness or oppocourse of the above investigation, that there does not sition to the law, further than is occasionally manifested in every community by individual offences against law originating in personal or private grievances. They have especially directed their attention to this point, and no case that has come before them could be traced to any other cause; and the jury, having performed the duty with which they were charged by the court, respectfully ask that this, their report, be spread upon the records.

About the 18th of December, a quarrel between a white man and a negro, at Lake Village, in Chicot County, resulted in the killing of the latter. Three white men concerned in the affair were arrested and shut up in jail, from which they were taken by a mob of negroes and hanged. The matter caused a great deal of excitement for a time, and there were reports that the whites in Chicot County were obliged to flee for their lives, the infuriated negroes creating almost a reign of terror, but before the end of the year quiet and security seemed to be restored.

Although there was no general election in the State this year, considerable activity was displayed by the political parties, especially by the Democrats, in organizing their forces for the campaign in 1872. On the 23d of March the Democratic and Conservative members of the Legislature held a meeting and appointed a State Central Committee, and a separate committee for each of the three congressional districts, and issued an address to the people of the State. The opening paragraph of the address was as follows: "In view of the dangerous and alarming condition of our public affairs, and the pressing necessity realized by all good and patriotic citizens for a combined and organized effort on the part of the conservative elements to rescue the country from threatened and impending ruin and destruction, we, the Democratic and Conservative members of the General Assembly, have deemed it advisable, in the absence of any existing State organization, to inaugurate a movement looking to a speedy and thorough organization of the party, to prepare for the great campaign and battle of 1872." It then recites the history and effects of what it calls the "pernicious system of radical misrule," and calls upon the people to organize a strong opposition to it. The question of holding a general convention was a good deal canvassed in the public prints, but the State Central Committee, at a meeting held on the 10th of July, decided that it would not be expedient to hold one before the call was issued for a National Democratic Convention. The committee adopted resolutions at the same meeting, commending the platform of the Democracy of Ohio as a model, and calling upon the people "to give the most liberal support to the different Democratic and Conservative organs in the State, to the end that the freest information may be diffused among the people, and our party papers, notwithstanding the proscriptive legislation which debars them from all official patronage, be enabled to continue a vigorous warfare against

radicalism."

The following was also adopted:

Resolved, That this convention of the DemocraticConservative Central and District Committees of the State, representing the Democratic and Conservative masses of Arkansas, are opposed to all secret political organizations, as being destructive to the best interests of society; that we recommend to the people of Arkansas a most careful consideration and protection of the rights of all citizens, irrespective of race, color, or previous condition, but that, while conceding all lawful rights to those opposed to us in politics, we shall most earnestly demand and contend for our own rights by all lawful and legitimate means within our reach.

An address to the people of the State was prepared, and afterward published, arraigning the action of the Republican party in the State, and setting forth a plan for a complete organization of the opposition in every county. The address concluded with the following appeal:

In conclusion, we would admonish and exhort our friends all over the State to be not only zealous in all

good works, but wise, prudent, and discreet in all their acts and conduct. The wrongs and oppressions ministration are fel tequally and alike by all, whether of this reckless, extravagant, and corrupt radical adthey be white or black, Democratic or Republican, We must try to commend the justice of our cause and the claims of our party to the favorable consideration of every man who desires a just, honest, and cooperation of all, without regard to past political economical government; and cordially invite the affinities or party affiliations, who are willing to unite with us on the broad platform of equal rights, equal protection, and a due regard for the best interests of all the people. Let us try and demonstrate to the colored men that we are not inimical, either to their rights or their interests-that we desire to protect them, as well as ourselves, against the enormities of a rapacious government and a corrupt party; that we neither intend nor desire to deprive them of any laws of the land-that we could not force them back of the political rights now secured to them by the into slavery if we would, nor deprive them of the right to vote if we could. It is true, that we cannot expect to gain the votes of many colored men, whatand magnanimous course, we will win to our support ever we may do or say, but, by pursuing this just many moderate and conservative white republicans, and especially those of the old native Union element of the State, who are even now ready and waiting to fall into our ranks and fight under our banners, as of the accomplished facts of the war, which are the soon as we proclaim, in good faith, our acceptance destruction of slavery, the perpetuity of the Union, and the equality of all men before the law. But, above all things, let us be united among ourselves.

66

A house divided against itself cannot stand." Let good-will reign in our own camp and in our own us preserve peace and harmony, and let fraternal ranks. Let no personal bickerings, no factious feuds, no envyings or jealousies, mar the harmony of our private, social, and political relations, but let us be know no rivalries among ourselves but that noble one in spirit, one in fellowship, one in faith, and rivalry, or rather emulation, of who can best work and best agree.

Mass-meetings and conventions were subsequently held in all the counties, to effect an organization of the Democratic forces, in accordance with the plan of the State Committee. The sentiments of the address above quoted pledged themselves in advance to support the were very generally indorsed, and the people platform and candidates of the National Demo

cratic Convention.

The Republican party was already fully organized, but mass-meetings were held in several counties. The prevailing sentiments at these assemblies are set forth in the following platform, adopted in Bradley County:

Resolved, 1. That, recognizing the great and noble achievements of the Republican party during the last ten years, whereby our country has been saved from anarchy and ruin, the rebellion has been crushed, four millions of slaves made freemen, and endowed with the rights of citizens, civil government established over one-half the nation, the rights of citizens everywhere enforced, the national credit and honor maintained at home and abroad, and peace and prosperity brought to every door, we feel a pride in the record of our party, and hereby renew our pledge of fealty and devotion to it in the future.

with pride, upon the wise and statesmanlike Admin

2. That we look not only with approbation, but

istration of President Grant, and we thank him and the noble Republicans who stood by him for the vindication and honest execution of the laws of the land.

3. That we renew our assurance of confidence and support to the State administration, and trust that the laws may be so modelled and executed that every officer shall be amenable to the people for the faithful discharge of his duty, and that economy and honesty may mark every branch of the service under Republican control.

4. That we favor free schools and the education of the masses, for we thereby secure the permanence of republican institutions and transmit the inheritance of free government to posterity.

5. That, desiring unity, harmony, and success, we cordially invite all who wish our country to be free, prosperous, and happy, to unite with us in our efforts to secure success, laying aside all questions as to individuals, and uniting all energies for the triumph of Republican principles.

6. That we condemn all efforts to disrupt the party, by assaults on and abuse of leading Republican officials of the State, by those professing to be Republicans, and we demand that they take their positions either with us or with the Democracy, where they belong.

There was, however, a discontented section of the party, which had considerable strength. This was made up of the Republican opponents of Clayton and his administration in the State, who were popularly denominated "Brindletails."

An interesting decision was rendered by the United States Circuit Court, in the Eastern District of Arkansas, in March, which settles the question of liability on contracts, for which slaves formed the consideration on either side. The points determined are stated with sufficient clearness in the following syllabus of the

case:

1. The institution of slavery, under the Constitution of the United States, was purely local in its character, and confined to the several States where it existed, and was the creature of positive law, and this is true of all its incidents.

2. The Constitution of the United States did not regard slaves as property, but as persons; and it did not establish slavery or give any sanction to it, save in the single respect of the return of fugitives from service.

3. A remedy on a contract, which is against sound morals, natural justice, and right, may exist by virtue of the positive law under which the contract was made; but such remedy can only be enforced so long as that law remains in effect. As such remedy derives all its support from the statute, it cannot for any purpose survive its repeal.

4. The new constitution of Arkansas, declaring that "all contracts for the sale and purchase of slaves were null and void," is not in conflict with the clause of the Constitution of the United States prohibiting any State from passing any law impairing the obligation of contracts, which clause does not operate so as to perpetuate the institution of slavery or any of its

incidents, these being matters over which the States had unlimited control.

5. The thirteenth amendment to the Constitution of the United States ipso facto destroyed the institution of slavery and all of its incidents, and put an end to all remedies growing out of sales of slaves.

6. In view of the thirteenth and fourteenth amendments to the Constitution of the United States, the court holds that a remedy on a contract for the sale of slaves is contrary to the spirit of their provisions, against public policy, and cannot be maintained.

In the course of his opinion, Judge Caldwell laid down the following principle:

The fundamental ground on which emancipation proceeded was, that the right of the slave to his freedom was paramount to the claim of his master to treat him as property; that slavery was founded in force and violence, and contrary to natural right; that no vested right of property could arise out of a relation thus created, and which was an ever-new and active violation of the law of Nature and the inalienable rights of man every moment that it subsisted. The last clause of section 4, of article 14, declares that "neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims, shall be held illegal and void." This clause was inseveral States from any legal obligation to pay for serted, not to discharge the United States and the slaves emancipated, for no such obligation had been incurred. It is a limitation on the discretionary power of the legislative departments of both governments ly of any legal obligation, and to prevent the agitato appropriate money for such purpose, independenttion and disturbance that would result from leaving the question in that situation. The very language of the Constitution itself is conclusive on the question.

The State debt of Arkansas amounts to $19,398,000, classified as follows:

Omitting the bonds in aid of railroads, and for the construction of levees, which have not yet been issued, the debt will stand at about $10,000,000. The debt of the State in January, 1867, was $3,252,401.50. The act authorizing the loan of the State credit to railroads was passed in 1868, and granted $15,000 per mile to roads having no land-grant, and $10,000 per mile to those having such grants, to the extent of 850 miles in all. Up to July last this had been awarded as follows:

ton, from Cairo, Ill., to Fulton, Ark., which is to be completed by January, 1874; the Missouri, Kansas, & Texas, from St. Louis to Galveston, already completed to Red River; and those already mentioned as receiving aid from the State. No less than 86 railroad companies have been incorporated since July 28, 1868, under the general incorporation laws. In 1860 the taxable property of Arkansas was set down at $120,475,236. On this a State tax was raised, amounting to $204,160.56. In 1865 the property was valued at $38,723,449, and on this a tax of $387,234.49 was raised. In 1868 the taxable property was reported at $68,699,716, and on this $2,342,047.77 was paid in taxes. The last report placed the property at $69,320,426, and the tax at $743,627.70. The educational interests of the State are gradually improving. The Agricultural College has been located at Fayetteville, Washington County; and a movement is on foot for founding a State Female College at Little Rock. Prof. William F. Roberts has been appointed State geologist, in pursuance of an act of the last Legislature and has begun a survey of the State, with a view to ascertaining its mineral resources. The fourth annual fair of the Arkansas State Agricultural and Mechanical Association was held in the early part of October, and gave evidence of a growing interest and success in the industrial pursuits of the State.

The hot and medicinal springs of Arkansas are attracting considerable attention by the benefits derived by invalids from their use. They are 54 in number, and are located about 60 miles southwest of Little Rock. Their temperature varies from 100° to 150° Fahr. They are classified as arsenic, alum, iron, and magnesia springs, but contain various other mineral substances besides those by which they are designated. Many remarkable cures are reported as the result of systematic bathing in these waters.

According to official authority, there are in the State 1,714,466 acres of improved land, 3,791,873 of woodland, and 1,601,254 of other unimproved land. The cash value of farms is $36,457,476; of farming implements and machinery, $2,112,020; total amount of wages paid during the year, including value of board, $3,907,188. The number of horses is 83,952; of mules and asses, 33,381; of milch-cows, 119,607; of working-oxen, 31,673; of other cattle, 179,431; of sheep, 149,592; of swine, 772,662; value of all live-stock, $15,795,971. The productions were-683,691 bushels of wheat, 23,422 of rye, 12,208,044 of corn, 486,425 of oats, 46,477 of peas and beans, 399,927 of Irish and 859,842 of sweet potatoes, 73,021 pounds of rice, 529,110 of tobacco, 203,275 of wool, 2,531,011 of butter, 12,047 of wax, 261,824 of honey; 221,546 bales of cotton, 6,806 tons of hay, and 60,272 gallons of cane and 138,859 of sorghum molasses; value of home manufactures, $723,979; of slaughtered ani

Total for State 484,471 362,115 122,169 479,445 | 5,026

The number of manufacturing establishments in the State is 1,364; capital, $2,137,738; steam-engines, 300, with 6,980 horse-power; water-wheels, 134, with 1,599 horse-power; employing 4,133 males above 16, 48 females above 16, and 271 youth; wages paid during the year, $754,950; value of materials used, $4,823,651; of products, $7,699,676. Of the manufactories, the most important are, 283 establishments for ginning cotton, with a capital of $344,825; 35 for the manufacture of leather, capital $32,100; 212 saw-mills, capital $694,400; 13 wool-carding establishments,