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The Arkansas Gazette - Volume 1, Number 1


From the Kentucky Reporter.
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ALABAMA

On the 2d Aug. the Alabama Convention completed the labors and adopted the Constitution they had framed. The general outline, and most of the details, of this instrument accorded with the corresponding parts in most of the other state-constitutions. In some things it is more democratic than our own. Upon the vacancy of the office of governor, the general assembly has power to provide by law for the election of another, for the balance of the term, which is only two years; and the language on this subject plainly shows, that the convention understood the words used in our constitution as not precluding a new election. The judges are to be elected by the general assembly; sheriffs are to be elected by the people for three years, and to be eligible for the next three years after their term, either as principal or deputy, and the clerks of the courts are to be elected by the people for four years; but the assembly may, after 1826, provide a different mode of appointment. There are some provisions which are unusual. The courts of Chancery are empowered to decree divorces according to law; but the decree must be approved by two-thirds of the general assembly. Each county must contain 900 square miles, which is equal to thirty miles square; and in the year 1828 the assembly is permanently to establish their boundaries. Within five years after the adoption of the constitution, and within every 10 years thereafter, the “body of the laws, civil and criminal, is to be revised, digested, and promulgated, in such manner as the general assembly may direct.” The mode amending the constitution is judicious. The assembly, two thirds in each house concurring, may propose amendments, which are to be published for the consideration of the people; and at the next general election, the voters are to vote upon them; if there be a majority of all the votes in favor of them, and if two-thirds of the next general assembly approve them, they become a part of the constitution. The only thing objectionable, or amendable, in this, is the requisition of two-thirds, instead of a bare majority, of the assembly; but this however null and void; for no people can divest themselves of the right of self-government, and put it in the power of a minority to rule the majority. The provisions on the subject of banks, are singular and important; we copy them entire as follows:

“ESTABLISHMENT OF BANKS.

Section 1. One state bank may be established with such number of branches as the general assembly may from time to time deem expedient; Provided that no branch bank shall be established, nor bank charter renewed under the authority of this state, without the concurrence of two-thirds of both houses of the general assembly; and provided also, that no more than one bank or branch bank shall be established, nor bank charter renewed at any one session of the general assembly, nor shall any bank or branch bank be established, or bank charter renewed, but in conformity with the following rules.

1. At least two-fifths of the capital stock shall be reserved to the state.

2. A proportion of power in the direction of the bank shall be reserved to the state, equal at least to its proportion of stock therein.

3. The state and the individual stock-holders shall be liable respectively for the debts of the bank, in proportion to their stock holden therein.

4. The remedy for the collection of debts shall be reciprocal, for and against the bank.

5. No bank shall commence operation until one half of the capital stock subscribed for, be actually paid in gold or silver, which amount shall in no case be less than $100,000.

6. In case any bank or branch bank shall neglect or refuse to pay on demand, any bill, note or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill or obligation shall be entitled to receive and recover interest thereon until the same shall be paid, or specie payments are resumed by said banks, at the rate of 12 per cent. per annum from date of said demand; unless the general assembly shall sanction such suspension of specie payments and the general assembly shall have power after such neglect or refusal to adopt such measures as they may deem proper to protect and secure the rights of all concerned; and to declare the charter of such bank forfeited.

7. After the establishment of a general state bank, the banks of this state now existing may be admitted as branches thereof, upon such terms as the legislature and the said banks may agree, subject nevertheless to the preceding rules.”

The first general election is to be held on the 3d Monday and the day following in September next; and the first session to be held at Huntsville on the 4th Monday in October next. Afterwards the elections are to commence on the first Monday in August, and the sessions to be held at Cahawba, until 1825, in which year the assembly may establish a permanent seat of government.

The present governor Bibb is a candidate for that office under the new constitution; and Mess. Henry Chambers and John Crowell, are candidates for congress.

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National Park Service Arrowhead Artist's conception of the first Arkansas Post, circa 1686 1757 map of French Louisiana showing Arkansas Post January 1863 Battle of Arkansas Post 1757 Map of French Louisiana showing the location of Arkansas Post