USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 35
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explanation and gone home, his name by resolution was stricken from the roll. John McCoy was elected president, R. G. T. White secretary of the convention. The polls had been opened chiefly at the Federal military posts and the majority of delegates were really refugees from many of the counties they represented. It was simply an informal meeting of the Union men in response to the president's wish and most of them made their own creden- tials. The Federal army occupied points on and north of the Arkansas river, while the southern portion of the state was held by the Confederates. It is said that the convention was largely influenced on important legal questions by the Hon. T. D. W. Yonley, of Pulaski county. The convention chose Isaac Murphy provisional governor ; practically re-enacted the constitution of 1836; made slavery illegal ; divided the state into three congres- sional districts, and created the separate office of_lieutenant-gov- ernor instead of the former ex-officio president of the senate. The convention wisely did its work and adjourned January 23. The constitution was submitted to the people at a general election for state and county officers, March 14-16, 1864, and was adopted by a majority of 12,177 in a total vote of 12,443. William Byers was elected congressman from the First, G. H. Kyle from the Second and James M. Johnson from the Third district, but as the state had not been restored to the Union, they were never admit- ted to the national congress.
Isaac Murphy, Federal, then serving as provisional governor, was duly elected eighth governor of the state of Arkansas and was inaugurated April 18, 1864, and served four years. Governor Murphy was born near Pittsburg, l'a., October 16, 1802, a son of Ilugh Murphy, a manufacturer of paper, and was sixty-one years old at the time of his election. He acquired a classical edu- cation, taught school in Tennessee and came to Arkansas in November, 1834, and settled at Fayetteville, where he again taught school. A year later he was admitted to the bar. As United States surveyor he surveyed much land in Eastern and Northwestern Arkansas. He was a member of the legislature of 1848-49. After that he spent four years mining in California, acquiring valuable interests of which he was defrauded. He moved to Huntsville in September, 1854, and continued to teach and practice law, residing there the remainder of his life. He was elected senator in 1856, and was the only member of the Arkansas convention of 1861 who voted against secession. He later fled from his home for safety and was made a member of General
35I
ARKANSAS, DURING THE CIVIL WAR.
Curtis' staff. He served as governor until July, 1868, and died at Huntsville, September 8, 1882, in the eightieth year of his age.
The Federal or United States court was reopened at Little Rock, Henry C. Caklwell being appointed district judge. The fifteenth legislature was held from April 11, to June 2, 1864, from November 7, 1864, to January 2, 1865, and from April 3, to April 22, 1865. Senate: President-Lieut .- Gov. C. C. Bliss ; secretary-A .. N. Hargrove; Carroll and Newton counties, J. McCoy; Chicot, Drew and Ashley, W. C. Valandingham ; Clark, Pike and Polk, I. D. Cantrell; Conway, Perry and Yell, F. M. Stratton ; Dallas and Bradley, R. II. Stanfield; Franklin and Crawford, L. C . White; Fulton and Lawrence, J. J. Ware; Inde- pendence, E. D. Rushing ; Jefferson, Arkansas and Desha, I. C. Mills; Johnson and Pope, William Stout ; Flempstead, Sevier and Lafayette, F. W. Gilpin; Hot Spring, Saline and Montgomery, E. H. Vance; Madison and Benton, E. D. Ham; Marion and Searcy, Thomas Jefferson; Mississippi and Crittenden, D. Lam- berson ; Calhoun and Ouachita, W. H. Harper ; Phillips and Mon- roe, J. Q. Taylor ; Perry and Pulaski, Truman Warner; Randolph and Greene, J. M. Lemons; Scott and Sebastian, Charles Milor ; St. Francis and Poinsett, A. B. Fryrear; Van Buren and Izard, King Bradford; Washington, J. M. Gilstraps; White and Jack- son, James Nanny. House of representatives: Speaker-H. B. Allis; clerk-F. M. Sams; Arkansas county, G. C. Cressen ; Ben- ton, R. H. Whimpey, J. Shortis; Bradley, W. W. Scarborough ; Calhoun, E. A. Ackerman ; Carroll, J. W. Plumley, J. F. Seaman ; Clark, G. N. Green; Conway, G. W. Galloway; Crawford, J. Austin, J. G. Stephenson ; Crittenden, F. Thruesby ; Dallas, James Kennedy ; Drew, William Cox, F. H. Boyd; Franklin, F. M. Nixon : Fulton, Simpson Mason ; Hempstead, J. Boen, L. Worth- ington ; Hot Spring, James Whitten ; Independence, P. Misener, J. Clem, Alexander Harper ; Izard, J. B. Brown; Jackson, H. T. McLarue; Jefferson, H. B. Allis, D. C. Hardeman ; Johnson, J. Rogers, A. P. Melsom; Lafayette, J. C. Hall ; Lawrence, R. Shell, F. Sharp; Madison, T. H. Scott, G. W. Seamans ; Marion, J. W. Orr; Monroe, E. Wilds; Montgomery, J. C. Priddy; Newton, James R. Vanderpool; Onachita, G. W. Neill ; Perry, George A. Cunningham ; Phillips, J. A. Butler, J. F. Hanks; Pike, M. Stin- nette; Polk, John Ware; Pope, Robert White; Prairie, J. B. Clai- borne; Pulaski, O. P. Snyder, S. L. Holman ; Saline, Warren Holliman ; Scott, Thomas Cauthron; Searcy, James J. Barnes; Sebastian, J. R. Smoot, J. Snyder ; Sevier, J. Gilcoat, A. Mus- grove; St. Francis, R. A. Moore, C. S. Still; Washington, J.
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Pearson, W. H. Nott, Y. D. Waddle, William J. Patton ; White, John F. Randall ; Van Buren, L. M. Harris; Yell, Bert Johnson. Mr. Sams was succeeded as clerk by W. A. Counts. The names of members from Ashley, Chicot, Columbia, Craighead, Desha, Mississippi, Poinsett, Randolph and Union counties do not appear in the journal. The chief work of this legislature in its first ses- sion was to provide for the institution of the state government. Later it passed an act ratifying the Thirteenth amendment to the constitution of the United States which prohibited slavery, an act to prevent "bushwhacking," an act toprovide for a military organ- ization for public defence, and an act repealing the common school law of 1861.
Robert J. T. White, provisional secretary of state from Janu- ary 24, to April 19, 1864, filled the office regularly from the latter date until January 6, 1873. J. R. Berry was state auditor April 18, 1864,to October 15, 1866; W. R. Miller, October 15, 1866, to July 2, 1868. E. D. Ayers was state treasurer April 18, 1864, to October 15, 1866; 1,. B. Cunningham, October 15, 1866, to August 19, 1867, when, under military authority, he was super- seded by Henry Page. R. S. Gantt was attorney general until January 31, 1865; R. H. Deadman from that date until July 21, 1868. David Walker became chief justice of the supreme court in 1866. J. J. Clendenin became an associate justice in 1866 and in 1868 was ousted by Gen. C. H. Smith, military commander of the sub-district of Arkansas under reconstruction acts. In 1868, T. M. Bowen and I,. Gregg became associate justices under the constitution of that year. L. Gregg succeeded U. M. Rose as chancellor of the Pulaski chancery court November 12, 1865. The next chancellor, T. D. W. Yonley, assumed the office Febru- ary 12, 1867. Justice Stephen F. Miller of the Federal court came to the Eastern district as circuit judge in 1865. Judge Henry C. Caldwell of the Eastern district sat in the court of the Western district 1864-71. Charles P. Redmond became district attorney on the Eastern district in 1864; Orville Jennings in 1865 ; John Whytock in 1866; W. G. Whipple filled the office 1868-73. E. D. Ham became district attorney on the Western district in 1865. Robert J. T. White was clerk of the Federal court at Little Rock in 1864 and 1865; Ralph L. Goodrich later filled the office and was serving in 1873. In the Western district, Alexander McLean was clerk 1851-65: Samuel F. Cooper, 1865-67; James O. Churchill, 1867-75, when Stephen Wheeler succeeded him. The following circuit judges were seated in 1865 : James M. Hanks, First judicial district, September 17; W. M. Harrison,
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ARKANSAS, DURING THE CIVIL WAR.
Second circuit, May 17; Thomas Boles, Fourth circuit, August 3; A. B. Williams, Sixth circuit, January 28; J. T. Elliott, Sixth circuit, October 2; Elias Harrell, Eighth circuit, May 8; H. N. Hargrove, Ninth circuit. The following named prosecuting attor- neys assimned office in 1865 : B. C. Brown, First circuit, January 7; C. C. Godden, Second circuit, May 17; T. J. Ratcliff, Third circuit, July 8; J. E. Cravens, Fourth circuit, January 7; John Whytock, Fifth cirenit, December 19; Robert Carrigan, Sixth circuit, September 13; W. S. Padgett, Seventh circuit, August 29; C. G. Ragan, Eighth circuit, January 7; N. W. Patterson, Eighth circuit, October 25; A. T. Craycraft, Ninth circuit, January 7. 1 .. L. Mack became judge of the Third circuit, March 15, 1866; J. T. Rearden, of the Sixth circuit, September 15, 1866; R. H. Powell, of the Seventh circuit, May 11, 1866. On the 15th of October, 1866, P. O. Thweatt became prosecuting attorney on the First circuit, W. F. Slemmons on the Second circuit, M. D. Baber on the Third circuit, Squire Boon on the Fourth circuit, R. H .. Deadman on the Fifth circuit, J. F. Ritchie on the Sixth circuit, V. R. Cody on the Seventh circuit, T. N. Gunter on the Eight circuit, B. C. Parker on the Ninth circuit. February 19, 1866, E. J. Searle became prosecuting attorney on the Ninth circuit. William Story became judge of the Eighth circuit, March 27, 1867, E. J. Scarle became judge of the Ninth circuit, February 25, 1867. N. J. Temple bcame prosecuting attorney on the Ninth circuit January 20, 1867. T. B. Gibson became prosecuting attorney on the Sixth circuit, January 11, 1868. William N. May became judge of the Fourth circuit, April 24, 1868. The ( Murphy) legislature of 1864 elected Elisha Baxter, W. M. Fishback and WV. D. Snow to the senate, but neither of them was admitted.
Meanwhile, in the part of the state held by the Confederates, a state government existed with Gov. Harris Flanagin at its head- a government owing allegiance to the government at Richmond. 'The session of the legislature known as the Confederate legisla- ture was held at Washington, September 22, to October 2, 1864. Senate : President-Thomas Fletcher (of Arkansas) ; secretary -S. H. Bayless ; Benton county, J. Dunagin ; Bradley and Dallas, J. R. Hampton ; Calhoun and Ouachita, E. H. Whitfield; Carroll and Newton, Bradley Bunch ; Chicot, Drew and Ashley, J. Belser; Clark, Pike and Polk, I. W. Smith; Crawford and Franklin, 11. F. Carter; Hempstead, Lafayette and Sevier, A. B. Williams; Ilot Spring, Montgomery and Saline, F. Leech ; Independence, J. S. Trimble ; Izard and Van Buren, A. Adams ; Jefferson, Arkan- sas and Desha, T. Fletcher; Johnson and Pope, Ben T. Embry ;
111 23
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THE PROVINCE AND THE STATES.
Prairie and Pulaski, James Stillwell; Union and Columbia, I. C. Wallace; Yell, Perry and Conway, W. C. Hunt; Greene, Ran- dolph, Craighead, Lawrence, Fulton, Marion, Searcy, Mississippi, Crittenden, Phillips, Monroe, Poinsett, St. Francis, Sebastian, Scott, Washington, White and Jackson counties do not appear to have been represented. House of representatives: Speaker- J. F. Lowry ; clerk-F. Burgevin ; Ashley county, Robert Tucker ; Benton, W. B. Fain ; Bradley, J. R. Collins ; Calhoun, B. T. Tea- gue; Chicot, J. F. Lory; Clark, S. M. Scott; Columbia, C. A. Gantt, T. A. Goodwin ; Craighead, Z. Stoddard; Crawford, R. C. Oliver ; Dallas, E. M. Harris ; Desha, Alexander Harding; Drew, Benjamin Collins, E. 11. Haynes ; Franklin, A. L. Berry ; Greene, Samuel Wilcoxon ; Hempstead, J. B. Robbins, M. V. Cheatham; Hot Spring, E. C. Jones ; Jefferson, W. Williams, W. H. Con- nelly ; Johnson, W. H. Connelly; Lafayette, Alexander Byrne; Montgomery, C. C. Hurt ; Ouachita, H. N. Fnrr; Perry, William Wilson ; Pike, W. B. Gould; Polk, J. W. Miller; Pope, John MeFadden; Prairie, B. M. Barnes; Pulaski, Thomas Fletcher ; Scott, 1. Leming; Sebastian, John Carnall, C. B. Neal; Sevier, A. D. Hawkins, H. K. Brown; St. Francis, E. Maloney ; Union, Robert Goodwin, Lewis Murphy; Washington, E. II. Phillips, R. C. Byrd ; Yell, William Sissell. The senate and house journals of this session do not give the counties of senators and represen- tatives save in a few instances, and it may be that some of the members are assigned to wrong counties. Arkansas, Carroll, Conway, Crittenden, Fulton, Independence, Izard, Jackson, Law- rence, Madison, Marion, Mississippi, Monroe, Newton, Phillips, Poinsett, Randolph, Saline, Searcy, Van Buren and White counties do not appear to have been represented in the house. On May 10, 1861, R. W. Johnson, A. H. Garland, H. F. Thomasson, Albert Rust and. W. W. Watkins were elected delegates to the provisional Confederate congress at Montgomery, Ala. At the general election of 1862 the following persons were chosen repre- sentatives to the Confederate congress at Richmond: Thomas B. Hanley, First district ; G. D. Royston, Second district; A. H. Garland, Third district; F. I. Batson, Fourth district. At the general election of 1864 the following persons were chosen repre- sentatives to the Confederate congress at Richmond : Thomas B. Hanley, First district; R. K. Garland, Second district; A. H. Garland, Third district (resigned), D. W. Carroll, vice A. II. Garland; F. I. Batson, Fourth district. Mr. Garland became senator and D. W. Carroll succeeded him in the house.
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ARKANSAS, AFTER THE WAR.
CHAPTER V
Arkansas After the War, 1864-80
T' THE restoration of peace brought Arkansas face to face with difficulties new, peculiar and distressing. But "when the last echo of hostile cannon died away over her blasted fields and left silence brooding in the midst of desolation, she did not sit down in idle grief, like Rachel, weeping for her children, but like David, when his son was dead, she restrained her unavailing tears and re-entered nobly upon her duties." There was bitterness of spirit, and Union sympathizers blamed their neighbors who were Confederate sympathizers and Confederate sympathizers blamed their neighbors who were Union sympathizers for their mutual misfortunes and the untoward future that menaced all alike. But the men who had made Arkansas what it was before the war had demonstrated their willingness to die for her. They would repair the ravages of war. They would plant new indus tries. They would bring Arkansas out of the darkness of rapine into the light of peace. Now it was a ruin and a place of death. They would make it a garden, a mart, a field of industry, a place of peace, of hope and of prosperity. But before all that could be brought to be there would be dark days. The wise ones knew that. Poverty and devastation were not the only troubles. The most serious and the most discouraging ones arose from the atti- tude and action of the authorities in power. Proceedings were instituted in the Federal court, to confiscate the property of promi- nent men who had espoused the Confederate cause. Nearly 250 well known citizens were indicted for treason ; some of them were temporarily imprisoned, some were released only under excessive bail; none was formally prosecuted, and many were pardoned by
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THIE PROVINCE AND THIE STATES.
President Lincoln. The "test oath," a declaration that the man subscribing to it never had aided or abetted the Confederacy or been disloyal to the United States government, practically dis- barred nearly every lawyer in the state until it was declared unconstitutional by the United States supreme court. The death of President Lincoln was a blow to the South. President John- son's attitude toward the conquered states, at first unfriendly, later became favorable, and he proclaimed pardon and amnesty to all persons lately in rebellion and sought to pave the way for an easy return of the prodigal states to the old family circle. Thus he aroused the opposition of an extremist faction which became known as the radical wing of the Republican party, and in the thirty-ninth congress his policy was assailed and an almost success- ful attempt was made to convict him upon impeachment. An act proposing the Fourteenth amendment to the Federal constitution and the reconstruction act, entitled "An Act for the more efficient Government of the Rebel States," were passed. The first pro- vided that no person should be a senator or representative in con- gress or elector of president and vice-president, or hold any office civil or military, under the United States or under any state, who, having previously taken the oath as a member of congress, as an officer of the United States, as a member of any state legislature or as an executive or judicial officer of any state, to support the Fed- eral constitution, should have engaged in rebellion against the United States government or given aid and comfort to its enemies -and the act further provided that congress might, by a two- thirds vote of each house, remove such disability. The second declared that no legal state governments or adequate protection for life or property existed in "the rebel states" of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Lonis- iana, Florida, Texas and Arkansas, and that it was necessary that "peace and good order should be enforced" in those states until "loyal and republican state governments" could be legally estab- lished. Congress passed this act over President Johnson's veto. Under its provisions five military districts were set up in the South, each under a military commander. Arkansas and Missis- sippi, comprising the Fourth district, were placed under the com- mand of Gen. E. O. C. Ord, and the sub-district of Arkansas under that of Gen. A. C. Gillem. Neither Arkansas nor any other Southern state had had a vote in the passage of this act, and for four years Arkansas had had a state government every executive member of which was a Republican.
The sixteenth legislature was held at Little Rock, November
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ARKANSAS, AFTER THE W.R.
5, 1866, to March 23, 1867. Senate: President-Lieut .- Gov. Andrew Hunter ; secretary-W. C. Thomas. House of represen- tatives : Speaker-Bradley Bunch ; clerk --- John King. This leg- islature, largely Democratic, and the otherwise Republican state government headed by Governor Murphy inevitably clashed, and it passed several acts over the governor's veto, notably one declin- ing to accede to the Fourteenth amendment of the constitution of the United States, as proposed by congress, and another author- izing the state treasurer to reserve annually ten per cent of the state revenue not exceeding thirty-five thousand dollars for the support of wounded and disabled soldiers and indigent widows and children of deceased soldiers and for the purchase of artificial limbs for maimed soldiers, provided that all beneficiaries of the act should be men or members of the families of men disabled in the late war and not already provided for, by pension, bounty or other- wise, by the United States government. Acts were passed creat- ing Little River county; locating at Arkadelphia the Arkansas Institute for the Blind which had been incorporated in 1859; pro- viding for additional buildings in connection with the state peni- tentiary ; offering the credit of the state in aid of railroad construc- tion ; annulling obligation to pay interest on purchases of internal improvement, saline and seminary lands between May 6, 1861, and May 6, 1865, and assenting to the donation to Arkansas by the general government of lands to provide a fund for agricultural and mechanical colleges. This legislature made a marked for- ward movement in the cause of education. It passed an act stipu- lating that a tax of twenty cents on every one hundred dollars worth of taxable property should be levied to establish and main- tain a system of public schools. The second section of the act made this fund sacred-to be used for no other purpose whatever. The fourth section provided for a superintendent of public instruc- tion and defined his duties. The eighth section provided for a school commissioner to be chosen by the electors of each county, who should examine applicants for a position as school teacher and grant to those qualified to teach, certificates of fitness, with- out which such applicants could not be legally employed to teach. Before that time a license as teacher had not been essential, and nc one had been anthorized to examine applicants or grant cer- tificates. The congressional township was made the unit of the school district, the act setting forth that in the event of the trustees failing to have a school taught in the district at least three months in the year the districts should thereby forfeit its portion of the school revenue. It should be borne in mind that these wise
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THIE PROVINCE AND THE STATES.
and liberal arrangements were made by a people bankrupt by war and suffering the hard trials of reconstruction. John T. Jones and the Rev. Andrew. Hunter were elected senators by this legis- lature. Mr. Hunter declined the office and A. 11. Garland was elected in his stead. Jones and Garland were denied admission to the senate.
The Confederates were disposed to favor the constitution which had been adopted by Federal sympathizers in their absence, and which was then in full force in the state. All state officers were under control of the Unionists. In 1867, General Ord caused a registration of the voters to be made throughout the state. Many Democrats were not permitted to register and many who might have registered declined to do so. In November, an election of delegates to the state constitutional convention of 1868 was held under military authority and supervision. Many registered voters did not vote. Most of the delegates chosen were Republicans. The convention was held at Little Rock, January 7, to February 18, 1868. Thomas M. Bowen was president and John G. Price was secretary. The other members were: Arkansas county, John McClure, J. H. Hutchinson ; Ashley, W. D. Moore, G. W. Norman ; Benton, W. W. Reynolds; Bradley, John M. Bradley; Calhoun, William G. Hollis; Chicot, James W. Mason ; Clark, S. Exon, M. L. Langley; Carroll, Joseph Wright; Columbia, William A. Beasley, G. W. McCown ; Conway, Anthony Hinkle; Craighead and Mississippi, F. R. Poole; Crawford, Thomas M. Bowen : Crittenden, Asa Hodges; Cross and Poinsett, J. A. Houghton ; Dallas, Gale HI. Kyle; Desha, Clifford Stanley Sims ; Drew, R. G. Putney, S. J. Matthews ; Franklin, Robert Ilatfield ; Fulton and Searcy, William A. Wyatt; Greene, Hampton T. Allen (never present ) ; Hempstead, J. R. Montgomery, S. D. Belden, Richard Samuels ; Hot Spring, John W. Harrison; Inde- pendence, Peter G. Misner, George W. Dale ; Izard, W. W. Adams (present one day) ; Jackson, W. H. Pickett (never present) ; Jefferson, S. W. Mallory, O. P. Snyder, James M. Gray, William Murphy ; Johnson, James Newton Sarber; Lafayette, Alfred M. Merrick, Monroe Hawkins; Lawrence, Bouldin Duvall; Little River, George S. Scott; Madison, F. M. Sams; Marion and Newton, A. P. Williams; Monroe, A. II. Evans; Montgomery and Perry, J. C. Priddy ; Ouachita, James P. Portis, Nathan N. Rawlings; Phillips, Joseph Brooks, Thomas Smitli, William HI. Gray, James T. White; Pike and Polk, Elijah Kelley (never present ) ; Pope, Walter W. Brashear; Prairie, Robert S. Gantt, William F. Hicks; Pulaski, James L. Hodges, James Hinds,
1
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ARKANSAS, AFTER THE WAR.
Henry Rector, Thomas P. Johnson ; Randolph, Ham W. Ratcliffe (present one day ) ; Saline, James H. Shoppack; Scott, Charles II. Oliver; Sebastian, Moses Bell; Sevier, Joseph II. Corbell; St. Francis, Daniel Coates; Union, R. C. Van Hook, I. L. Wilson ; Van Buren, Jesse Millsap; Washington, Charles W. Walker, James M. Hodge; White, Jesse M. Cypert, Thomas Owen ; Woodruff, W. H. Gray (never present) ; Yell and Franklin, Monroe Rounsaville. This convention made sweeping changes in fundamental laws of the state. The most important were the disfranchisement of a large majority of the white voters, the enfranchisement of the negroes, and provision for a complex and plastic system of registration. This movement and its severe character throughout were a part of the reconstruction measures emanating from congress. Many of the intelligent tax payers of the state were indiscriminately excluded from the polls, and new voters and new men came to the front with grievances to be avenged and ambitions to be gratified. The unusual experiment of the reversal of the civic conditions of ex-slaves and their former masters was boldly undertaken. Impetuous men now prevailed in the name of patriotism. The fateful reflex swing of the pendulum of events had been made-the anticlimax to the constitutional convention of 1861 was this convention of reconstruction.
The constitution of 1868 contained many excellent features which might have won the approbation of the people had it been adopted under a different policy. The majority looked upon it, however, as an instrument set up by force to punish them for their attempted secession. But there was in the situation some- what of encouragement. Governor Murphy, who had found the state treasury without a dollar, had not only paid the state's way but had accumulated in the treasury about two hundred and four thousand dollars and was able to hand his successor about sixty- five thousand dollars, as a contribution to the school fund, and United States bonds to the value of fifty thousand dollars. The state debt amounted to three million one hundred and sixty-three thousand dollars, but it consisted of the bonds which in 1836 had been loaned to the State Bank and the Real Estate Bank and the fruitage of interest which they had borne. The new constitution had created some wise amendments to the previous laws. It had made schools free to every child in the state and school revenues had been increased. In addition to that of state superintendent, the office of circuit superintendent was created and also a state board of education. Besides, the new constitution opened the way to needed internal improvements. It was adopted and sus-
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