Arkansas Passes a Bill providing for Elections to a State Convention

January 15, 1861

Arkansas was one of the so-called Upper South slave States, but she did not have the commercial business ties to the North that North Carolina, Tennessee, and Virginia had, and her governor in 1861, Henry M. Rector, was a strong proponent of slavery, so there was little doubt which way she would go when the secession crisis came to a shooting war.  Nonetheless, she moved slowly.  The act calling for a vote on a secession convention (as well as the votes for the delegates) was not passed until mid-January, 1861.  While the convention was somewhat dominated by (conditional) Unionists, and did reject an early vote for secession, they also passed a series of resolutions that can only be described as Calhoun-esque, in that they call for the President and Vice-President to be from different states as regards slavery, i.e., one must be from a "free labor" state and the other must be from a "slave labor" state.  This document is the Act that called for the election on February 18th, to decide if a convention would be held, and, if so, who the delegates would be.


Gov. Henry M. Rector, of Arkansas



An Act
 

To provide for A
 

STATE CONVENTION

 

 

SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That the governor shall issue his proclamation, ordering an election in all the counties in this state, submitting to the people the question of “convention” or “no convention,'” to be held on the eighteenth day of February, 1861, which election shall be conducted as state elections are now conducted; Provided, That the sheriffs of the several counties shall be required to give but ten days’ notice of said election.

Sec. 2. Be it further enacted, That, at said election, the people shall also vote for a delegate or delegates to said convention, and each delegate elected shall be made a special returning officer, and shall bring up the certified vote of his county on the question of convention or no convention, which vote from all the counties, shall be opened by the governor, auditor, treasurer and secretary of state, or any three of them, on the second day of March, 1861; and if, on counting the vote of all the counties of this state, it shall appear that a majority of all the votes cast are for a convention, then the governor shall immediately issue his proclamation, requiring the delegates elected as aforesaid to convene in the capitol on the following Monday, and organize themselves into a state convention, by the election of a president, and such other officers as may be required, and, in case of sickness, or any other unavoidable cause, to prevent any delegate to the convention from getting to the capital, he shall have power to send up the returns of his county by a special messenger, selected by himself.

Sec. 3. Be it further enacted, That the delegates, or special returning officers, shall be paid mileage at the same rate that members of the General Assembly are paid, to be certified by the president of the convention, if one be organized, and if not, the auditor is required to issue his warrant for the same, taking the mileage accounts of the members of the General Assembly as a guide to regulate the amount to which the delegate, or delegates, coming from the same county, may be entitled.

Sec. 4. Be it further enacted, That the officers and members of said convention, if it shall he organized, shall be paid the same per diem pay that the officers and members of this General Assembly are paid; their accounts therefor to be certified by the president of the convention, and the secretary shall certify the account of the president.

Sec. 5. Be it further enacted, That each county in this state shall be entitled to elect as many delegates to said convention as it is now entitled to members in the lower branch of the General Assembly, and the qualifications for a delegate shall be the same as now required for a member of the House of Representatives.

Sec. 6. Be it further enacted, That fifty members of said convention shall be necessary to constitute a quorum to transact business.

Sec. 7. Be it further enacted, That if any seat in the convention, hereby provided for, be contested, the convention shall have power to determine such contest, as the General Assembly has to determine contests for seats in either house, in the manner now prescribed by law.

Sec. 8. Be it further enacted, That upon the organization of said convention, it shall take into consideration the condition of political affairs, and determine what course the State of Arkansas shall take in the present political crisis.

Sec. 9. Be it further enacted, That a sufficient amount of money be, and the same is, hereby appropriated out of the state treasury to pay the necessary expenses of said convention, should one be held.

Sec. 10. Be it further enacted, That this act shall take effect and be in force from its passage.

Approved, January 15th, 1861.





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Source: 
Journal of Both Sessions of the Convention of the State of Arkansas

Date added to website:  January  8, 2025.