1868 Arkansas Constitution, Page 30 |
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Section Eleven. Upon notice of the election or appointment and qualification of the officers elected or appointed, under
this Constitution, the present incumbents of all State, county and city offices shall vacate the same and turn
over to the officers so elected or appointed and qualified hereunder, all books, papers, records, monies and docu-
ments belonging or pertaining to said offices on application made by the officers elected or appointed and qualified under this Constitution.
Section Twelve. Any person may vote at the polls herein authorized for the election of officers and ratification of this
Constitution, whom the judges of said election shall be satisfied by oath of the person offering to vote, and such other sat-
isfactory evidence as they may require, is a legally qualified elector under this Constitution: Provided, The judges of election
shall administer to every person offering to vote at said election, the oath prescribed in this Constitution.
Section Thirteen. In the event that either of the three Commissioners, appointed by section four, hereof, should be a candidate for any office,
the other two Commissioners shall canvass the vote so far as it relates to that office, and issue the certificate to the person elected.
Section Fourteen. In case of death or any disability of any member or members of said Board of Commissioners, the
remaining Commissioner or Commissioners, shall have power to fill the vacancy; and said Commissioner or Commis-
sioners so appointed, shall have full power to act as though originally appointed.
Section Fifteen. Any person selling or giving away intoxicating liquor, during the time of the election herein provided for shall be pun-
ished by a fine not less than two hundred dollars for each and every offense, or imprisonment not less than six months, or both.
Section Sixteen. Said Commissioners shall provide suitable poll books for each county, and such instructions as
may be necessary to carry into effect the provisions of this schedule. Judges and clerks of election thus appointed,
shall receive the same per diem as the boards of registers provided for in the act entitled "An act to provide
for the more efficient government of the Rebel States," passed March 2d, 1867, and acts supplementary thereto.
Section Seventeen. The Commissioners herein appointed, shall receive for their services, for each day actually employed such com-
pensation per day and allowances, and in such manner as are now provided for members of this Convention. All expenses incurred
under this Schedule, not otherwise provided for, shall be paid out of the appropriation for defraying the expenses of this Convention.
Done in Convention, at Little Rock, the eleventh day of February,
in the year of our Lord one thousand eight hundred and sixty-eight and
of the Independence of the United States the ninety-second.
In witness whereof we have hereunto subscribed our names.
John G. Price
Secretary
Thos. M. Bowen,
President of the Convention, and
Delegate from the County of Crawford.
Object Description
| Title | 1868 Arkansas Constitution |
| Date Original | 1868 Mar 13 |
| Creator | Arkansas Constitutional Convention |
| Historical Note |
As the Civil War came to an end in 1865, a new era began. Reconstruction was a time of great political, social, and economic upheaval in Arkansas. President Lincoln authorized the military to allow states to begin establishing governments, but the United States Congress did not allow Arkansas’s first Reconstruction-era congressmen and senators to participate in proceedings at the capitol.
Following the passage of the First Reconstruction Act in 1867, General E.O.C. Ord oversaw voter registration in militarily-governed Arkansas. By the time a new constitutional convention was held the following year, scalawags and carpetbaggers controlled the political scene. Both factions were considered to be “Radical Republicans,” and they dominated the convention. Between January 7 and February 14, 1868, delegates met in Little Rock to create a new constitution. The document they crafted went before voters in March, but former Confederates had little impact in the decision to approve the constitution, since they were not allowed to vote. In essence, carpetbaggers, scalawags, and African Americans controlled the election and the government. Former Union general Powell Clayton was elected governor, and James M. Johnson, lieutenant governor. Following congressional acceptance of the election’s results and the new constitution on June 22, 1868, military rule ended in Arkansas and the state returned to the Union. Arkansas’s 1868 Constitution contained many new provisions. While the state’s first three constitutions varied little, the new document imposed several major changes. The 1868 Constitution continued a four-year term for the governor, added the office of lieutenant governor, and established greater power within the executive branch, weakening local control. Forward-thinking provisions promoted railroad construction, encouraged immigration, promoted economic development, protected the rights of African Americans, and created a state system of public schools. Alternatively, the new constitution prohibited changes to voting districts until 1876, made the amendment process difficult, and established strict criteria for voter eligibility, assuring that ex-Confederates did not regain power. The new document called for the equality of all persons and that no citizen could be deprived of any right “on account of race, color, or previous condition.” African American males were given the right to vote. Women could own and dispose of property. An education system brought uniform standards and offered all students an opportunity to attend school, regardless of color. Another educational improvement established a state-supported university in Fayetteville. While portions of the new constitution took positive steps toward the future, the state failed to support the new initiatives over the long-term. In the aftermath of war, the disfranchisement of former Confederates created ill will throughout the general population, resulting in turmoil and even violence. |
| Description | The Constitution of the State of Arkansas: framed and adopted by the convention which assembled at Little Rock, January 7th, 1868, and ratified by the people of the state, at the election beginning March 13th, 1868 |
| Physical Description | 33 handwritten pages: 17 1/2" X 23" |
| Subjects |
Constitutions; State Government; Constitutional conventions; |
| Related Resources | Arkansas Constitutions finding aid: http://www.ark-ives.com/documenting/manuscripts/fulldetail.aspx?id=702 |
| Geographical Area | Arkansas |
| Language | English |
| Local Identifier | MG.00295 |
| Digital Resource | Document |
| Digital Collection | Arkansas Constitutions Collection |
| Contributors | Price, John G.,1832-1898; Murphy, William, 1810-; Hawkins, Monroe, 1832-; Portis, James P., 1838-; Beasley, William A., 1819-; Merrick, Alfred M. 1812-; Brashear, Walter W. 1839-1895; Brashear, Walter W., 1839-1895; Wilson, Ira L., 1810-; Van Hook, Robert Calvin, 1818-1899; Samuels, Richard; Beldin, Solomon D., 1810-; Montgomery, John R., d. 1907; Rawlings, Nathan N., 1819-; Oliver, Charles H., 1829-1902; Sams, Francis Marion, 1842-; Hodges, Asa,1824-1902; Priddy, John C., 1812-1894; Johnson, Thomas P., 1830-; Rector, Henry, 1846-; Hinds, James, 1833-1868; Hodges, James L., 1832-; Hollis, William, G. 1812-; McCown, George W., 1832-1880; Mason, James W., 1842-1874; Harrison, John W., 1824-1880; Hatfield, Robert, 1833-; Williams, Parley A., 1835-1914; White, James T., 1841-; Grey, William H., 1829 -1888; Smith, Thomas, 1810 - 1885; Brooks, Joseph, 1821-1877; Gray, James M., 1834-; Mallory, Samuel W., 1833-1888; Snyder, Oliver P., 1831-1882; Hinkle, Anthony, 1810-1893; Wyatt, William A., 1828-1916; Millsaps, Jesse, 1827-1900; Sarber, John N., 1838-1904; Evans, Amos Hart, 1840-; McClure, John, 1834-1915; Hutchinson, John H., d. 1897; Bell, Moses, 1827-1913; Kyle, Gale H, d. 1888; Langley, Miles Ledford, 1827 -1888; Rounsaville, Franklin Moore, 1824-1868; Exon, Solomon, 1826 -; Houghton, Jefrey A., 1825-; Coats, Daniel, 1842-1869; Sims, Clifford Stanley, 1839-1896. |
| Publisher | Arkansas State Archives |
| Preferred Citation | 1868 Arkansas Constitution, Arkansas Constitutions collection, Arkansas State Archives, Little Rock, Arkansas. |
| Rights and Usage | Public Domain |
Description
| Title | 1868 Arkansas Constitution, Page 30 |
| Transcription |
Section Eleven. Upon notice of the election or appointment and qualification of the officers elected or appointed, under this Constitution, the present incumbents of all State, county and city offices shall vacate the same and turn over to the officers so elected or appointed and qualified hereunder, all books, papers, records, monies and docu- ments belonging or pertaining to said offices on application made by the officers elected or appointed and qualified under this Constitution. Section Twelve. Any person may vote at the polls herein authorized for the election of officers and ratification of this Constitution, whom the judges of said election shall be satisfied by oath of the person offering to vote, and such other sat- isfactory evidence as they may require, is a legally qualified elector under this Constitution: Provided, The judges of election shall administer to every person offering to vote at said election, the oath prescribed in this Constitution. Section Thirteen. In the event that either of the three Commissioners, appointed by section four, hereof, should be a candidate for any office, the other two Commissioners shall canvass the vote so far as it relates to that office, and issue the certificate to the person elected. Section Fourteen. In case of death or any disability of any member or members of said Board of Commissioners, the remaining Commissioner or Commissioners, shall have power to fill the vacancy; and said Commissioner or Commis- sioners so appointed, shall have full power to act as though originally appointed. Section Fifteen. Any person selling or giving away intoxicating liquor, during the time of the election herein provided for shall be pun- ished by a fine not less than two hundred dollars for each and every offense, or imprisonment not less than six months, or both. Section Sixteen. Said Commissioners shall provide suitable poll books for each county, and such instructions as may be necessary to carry into effect the provisions of this schedule. Judges and clerks of election thus appointed, shall receive the same per diem as the boards of registers provided for in the act entitled "An act to provide for the more efficient government of the Rebel States" passed March 2d, 1867, and acts supplementary thereto. Section Seventeen. The Commissioners herein appointed, shall receive for their services, for each day actually employed such com- pensation per day and allowances, and in such manner as are now provided for members of this Convention. All expenses incurred under this Schedule, not otherwise provided for, shall be paid out of the appropriation for defraying the expenses of this Convention. Done in Convention, at Little Rock, the eleventh day of February, in the year of our Lord one thousand eight hundred and sixty-eight and of the Independence of the United States the ninety-second. In witness whereof we have hereunto subscribed our names. John G. Price Secretary Thos. M. Bowen, President of the Convention, and Delegate from the County of Crawford. |
