PART I.

CIVIL GOVERNMENT OF ARKANSAS.

HISTORICAL SKETCH.

Louisiana Purchase. In 1803 the United States, at the instance of Thomas Jefferson, who was then President, purchased a large tract of land from Napoleon Bonaparte, the emperor of France. It extended from the Gulf of Mexico to the British possessions, and from the Mississippi river to the Rocky mountains. Out of this territory the following states have been formed: Louisiana, Arkansas, Missouri, Iowa, Nebraska, South Dakota, North Dakota, nearly all of Kansas, Montana, and Wyoming, and parts of Alabama, Mississippi, Minnesota, Idaho, Colorado, besides the greater part of the territory of Oklahoma and the whole of Indian Territory. The United States paid for this land about fifteen million dollars.

Jefferson himself, who was a "strict constructionist," seems to have believed that he overstepped his constitutional powers when he effected this purchase. He permitted his business sense and instinct to prevail over his abstract ideas of constitutional limitations, and history has applauded his decision.

The Territory of Orleans, and the District of Louisiana. In 1804 Congress formed two territories out of this French cession. The southern one, which extended as far north as the present northern boundary of Louisiana, was called the territory of Orleans. All

north of the territory of Orleans was designated as the district of Louisiana, and a year later it was organized as the territory of Louisiana. The southern part of the territory of Louisiana was laid off as the district of New Madrid, from which in 1806 a portion was finally cut off and named the district of Arkansas. After the territory of Orleans was admitted into the Union as the state of Louisiana in 1812, Congress provided that the territory formerly called the district of Louisiana, should thereafter be called the Missouri territory. This included the territory comprising the present state of Arkansas.

The Territory of Arkansas. The territory of Arkansas was organized in 1819. James R. Miller was the first governor, and Robert Crittenden the first secretary of state. The first legislature was composed of the secretary of state, acting as governor, and the three judges of the superior court.

The State. Arkansas was admitted into the Union as a state in 1836, and James S. Conway became the first governor.

The Constitutions. The state of Arkansas has had five constitutions. The first was adopted in 1836, the second in 1861, the third in 1864, the fourth in 1868, and the fifth and present one in 1874. The constitution of 1874 is the basis of these chapters on the Civil Government of Arkansas. The constitution of 1861 was adopted for the purpose of joining the Confederacy.

Many of our intelligent, patriotic, and progressive citizens assert that the needs of the state have far outgrown our present constitution and that for the welfare of our commonwealth we must patiently, but persist

ently plead for a new one. On the other hand, a class of similar citizens as positively contend that the present constitution is apace with the times, or at any rate that any weakness it may show can be remedied by amendments. This is a live and important question, and you will not have done your duty, if when you have completed your common-school course, you are not in possession of intelligent convictions relative thereto.

Capitals. The first session of the legislature was held at the Post of Arkansas. The second, in 1821, was held in Little Rock, where the seat of government has since remained.

Boundaries of the State. See Art. I, Constitution. The Six Governments. The citizen of Arkansas lives under six governments: viz., the Home, the School District, the Township, the County, the State, and the United States. If he lives in a city or in a town, a seventh municipal government, must be added. A brief analysis of these seven systems is the purpose of this work.

CHAPTER I.

THE HOME.

Home Government. This stands first both in time and in importance, although it is not one of the recognized divisions of civil government. Under the statutes of Arkansas the child is not, under any circumstances, amenable to the criminal laws until he is twelve years old. Thus the only external restraint upon the child, during, probably, one fifth of his life, must emanate from the parents, or from the teacher who stands in loco

parentis. It therefore follows that the character of the government in the home determines in large measure the quality of the citizenship of the state. Children who obey and respect the laws of the home are on the high road to true citizenship. The home is truly the parent of the state.

The child should obey his parents, because their judgment is better than his; because they are in many ways responsible for the acts of the child; because it is the duty of the parents to support and protect their children, and obedience is necessary to make such protection practicable. There are cases, now and then, where the parents' judgment is inferior to the child's, but experience has shown that it is far better to act in general on the presumption that the parents' judgment is more trustworthy. There is probably but one exception to this rule, when the parent requires the child to do wrong. In such cases it is right for the child to refuse to obey, for it is much nobler to suffer the punishment that is likely to follow disobedience than to commit a wrong. The law of right is the highest law known to God or man.

The ideal home passes through various phases of government. Until the children have developed a degree of discretion it is a pure monarchy - with two heads the father and the mother. In some things the mother is supreme, as in the management of the household affairs; in others, the supremacy of the father is seen, as in the conduct of his business or profession; while in others, as in the government of the older children, the father and the mother work together for the common happiness of all. During this time there is only one thing for the children to do:

to yield implicit, unquestioning, and unhesitating obedience.

When the children have reached years of discretion, when their minds have sufficiently matured to give weight and worth to their opinions, they should be admitted to the family councils to participate freely in the discussion of the subjects there considered. Their suggestions should be honored with due consideration. At this stage, barring the fact that the parents should reserve the veto power, the home should be a pure democracy.

Unfortunately there are some homes where the government is despotic. The children who go therefrom hate law and regard the administrators thereof as tyrants. Other homes there are in which there is nothing save disorder and anarchy, and those who go from them hold laws, and those whose duty it is to enforce them, alike in contempt. The observation that "they are governed best who are governed least" applies with as much force to the family as to the state, while no less true is the other saying that the “worst government possible is infinitely better than no government at all."

Children must learn in the home that the penalties imposed for the violations of the rules of right are both just and wholesome that the failure to visit punishment for such offenses would be the grossest injustice to themselves. The logical and necessary result of the transgression of law is punishment suffering in some form. The evil recoils upon the doer. The government of the school supplements, aids, and corrects the government of the home.

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