Thank you for visiting SNEWPapers!

Sign up free
Page thumbnail for Morning Republican
Letter to Editor January 11, 1869

Morning Republican

Little Rock, Pulaski County, Arkansas

What is this article about?

Rep. Frank Owen writes from Little Rock on Jan. 8, 1869, defending his vote against Governor Clayton's martial law proclamation in Conway County. He argues it violates the Arkansas Constitution by placing military above civil power and advocates using the militia law instead, criticizing the Mountain Echo's stance.

Clipping

OCR Quality

95% Excellent

Full Text

Personal

House of Representatives,
Little Rock, Jan. 8, 1869.

Editor of the Republican:

Esteemed Friend and Co-Laborer.—I desire through the columns of your paper to take notice of an article I find in the editorial columns of the "Mountain Echo" of date December 31st, 1868, under caption of "Martial Law." I infer from Mr. Richardson's remarks, that if he had been in the Legislature, he would have voted to sustain the Proclamation of martial law, by Governor Clayton, over Conway county at a time when the Legislature was in session. Yet he says he does not wish to find fault with the representatives of his district for not sustaining the Governor in his "extreme measures" as he calls them.

But the great trouble with our friend is that he believes we have not come up to the expectations of our constituency. That may be very true, but there is something consoling in the idea that our constituents are competent judges, and I do not fear but that they will do us justice; and should we be found wanting during this campaign, I trust they may be more fortunate in their next choice of representatives.

I, for one, do not make any pretensions to being perfect; but I think I see a point. We have a constitution in Arkansas, as well as a Governor, and I find in that constitution Art. 1. Sec. 16: that "the military shall be subordinate to the civil power," Now, Mr. Richardson, I am not a lawyer, but only a farmer, yet I think I have common sense enough to understand this plain provision of our Constitution. If I understand this section, it places the military power of this State below the civil power, and not above and beyond it. What think you? How do you like Mr. Bard's explanation of his vote on those resolutions? He is the principal owner of the "Mountain Echo;" and let me give you a piece of advice, do you pitch right in to Bard, and get some of your neighbors to help you, as I think you did when you got up your editorial of the 31st of December and perhaps we can keep the Captain straight.

You remark "we regret that our own members have failed to sustain the Governor in trying to put down the difficulties with which he has had to contend." What are we to understand by that? Do you suppose that we have any sympathy with the outrages that may have been committed during the late Presidential campaign? Are we to infer that you think we are not disposed to punish the assassins of our lamented Johnson and Hinds, or the perpetrators of such heinous crimes as you deprecate? If you do, I am happy to inform you that you are mistaken.

But let me ask you a question: Can such desperadoes be brought to justice any sooner by the suspension of civil law? I think we enacted a militia law at our first session sufficiently powerful, if properly executed, to bring all offenders and violent law breakers to justice and preserve the peace and good order of the State.

Mr. Richardson, did you ever think what setting aside of the civil law, by the Governor would cost this State? Not a cent less than five hundred thousand dollars while, if the militia had been placed in those counties as a posse to aid the sheriff's in executing the laws and apprehending offenders, the counties themselves would have had to pay all the expenses incurred, and therefore the people in each one of those counties would soon have waked up to their common interest and given their whole support to the maintenance of civil law and order.

Well, Johnny, we will try not to give you any more regrets than we can possibly help. But just let me say in conclusion, that I now have a number of letters in my possession from my constituents that seem to take quite a different view of our action from that you take—they do not like the idea of having to help pay for three or four Brigadier Generals and other things in proportion, to command a thousand men, to keep the peace in Lafayette and Crittenden counties, when our laws provide that each county shall pay all the expenses of supporting a militia force, 'whenever necessary to aid the sheriff in preserving peace

Yours,

FRANK OWEN,
Representative, Benton County

What sub-type of article is it?

Political Persuasive Ethical Moral

What themes does it cover?

Politics Constitutional Rights Crime Punishment

What keywords are associated?

Martial Law Governor Clayton Conway County Arkansas Constitution Civil Power Militia Law Political Representation Reconstruction Era

What entities or persons were involved?

Frank Owen, Representative, Benton County Editor Of The Republican

Letter to Editor Details

Author

Frank Owen, Representative, Benton County

Recipient

Editor Of The Republican

Main Argument

the legislature should not support governor clayton's martial law proclamation as it violates the arkansas constitution by subordinating civil to military power; existing militia laws are sufficient to maintain order without excessive state costs.

Notable Details

References Arkansas Constitution Art. 1 Sec. 16 Mentions Assassinations Of Johnson And Hinds Criticizes Mountain Echo And Mr. Richardson Discusses Costs Of Martial Law Vs. County Funded Militia

Are you sure?