Arkansas true Democrat., 1859-03-16
BEN. T. DUVAL.
To the People of the State of Arkansas

In the True Democrat Of the 10th inst. there appears an address to you over the signature of O. IT, Oates, making ''pubHc the reasons and motives" which induced him to resign his office as speaker oT the House of Representatives Inasmuch as the publication of this article was made the occa- slon of an uncalled for insnuaton in the True De- mocrat against the House of Representatiyes and myself, and as the argument of Mir. Oates based upon such oi the facts ot the case as are presented n hs article, k calculated to reflect in some de- gree, upon me and majority of the House, it be- comes proper to make public my reasons and mo- tveS, for the course have seen proper to adopt
 The question, he says. 70 be settled. is whether the members were entitled to the pay during tie 24 days which they were at home attending to their own buSinesS''
 There k a want of candor in this statement ot the queStion--lor the real issue between Mr Oates and the House. was whether the members were entitled to mileage for going home and re- turning, or to per diem pay during the rccess-he holding that they were entitled to mileage. for which he certified accounts and the majority in both Houses affirming that the members were enti tied to their per diem during the recess
 Alter citing various sections of the constitution and ot the statutes, Mir. Oates concludes that when member is at home among his family and friends, attending to his own private business" he E not entitled to pay because he saNS '' The con slderatloh for which the State agrees to pay four ''' i tii'u tllS \tt iIellbcIS,) Will render the State service as members of the General Assem- biy.' Ii this conclusion be correct, it follows then, that according to the constitution and laws ol tmS State, member is entitled to pay only for tine days he is actually in attendance upon the sit tings ot the House of which he is Il member and such would De the case whether the member was at home among his family and irienas'' or in the capital, II he were not actually engaged in render lnS the State service as q member ot the General Assembly This construction ol the law would deny pay to members who were sick and unable to attend the sessions, and those absent on leave.
 It has been the universal custom in this State to allow the per diem pay to members absent on leave, no matter whether at home or in Little Rock This was recognized as law by Mir. Oates in several in- stances where he certified accounts for the per diem of members embracing the days they were absent on leave.
 lie now says, " that 1t is now, and has been all the time, my opinion that during the recess there was no General Assembly; and it follows as mat ter of course, that the members were not under the law in the service of the State'' and according to his opinion of the law not entitled to per diem pay.
 To show that he did not all the time hold to that position, It IS only necessary to refer to his own statement ot his course upon the Senates amend ment to the House resolution of 18th oi December | The Senate amended the recess resolution as tol- lows: Provided that no member of this General
 
 cess unless detained at the capital by provdental causes;" and Mir. Oates savs s.upon the 2Oth da, i of December the question came up in the House upon concul1ing in the above amendment and 1, MT Odtes) voted with twenty nine others in favor ot it, but the House refused to conc,tr.'
 Ii such were his opinion aN Me t3ne, his vote to concur m the Senates amendment which permitted members " detained at the capital by proyidential causes" to demand and receive their pay during the recess, Was dn inconsistency
 In the discussion i'll the House upon this subject those oi Us who opposed the taking of the recess from it's inception, contended that, under the con stituton, our pay could not by any act of the Ge- neral Assembly be diminished--a point never con- trovected. We used this as .n argument. why fine recess should not be taken
 My opposition to the movement was sincere. and It IS not for me to judge Of the sincerity of others but have in my possession proof to show that while MT. Oates Was careful to record on the iour- nal ms vote against the recess lie sojciteJ oIhers to vote Tor It, and n order to induce them to do SO dctuddy promised 10 ctr,ify fteiT occounts for mo, daem atr,hg te recess notcahStandiao the Seaofe,s dh'eHdnaeM lie now appeals to you and solemply asserts, he resigned the speakership because he ooo'u anu "ouis not De the instrument by which ten or twelve thousand dollars was to be drawn rom the treasury-whch. according to his opinion or the law and the constitution was not due from the state to the members. As the faithful guar-
 
 dian oi the treasury. he should have defended it rom the unconstitutional assault of the members and not have abandoned his post.
 lh order to a full understanding of this subject It IS necessary to refer briefly to the history of the proceedings of the House in reference to the As early as 18th of December, 1858, and perhaps earlier, resolutions introduced upon the sub 1ect-after several intellectual efforts the resolution of 18th December passed.
 On the 2lst day of December, A. D. 1858, after we had a second time refused to concur in the Se- mates amendment, sufficient number of members asked and obtained leave of absence for an indef- mite period to reduce the House below quorum. The object of this was well understood-and in or der to prevent it, Mr. Green, (of Crawford) raised the point that members who had obtained an inde- finite leave of absence forfeited their leave by sub sequently acting with the House. Mir. Speaker Oates overruled the objection, and by permitting members who had obtained leave of absence to vote leave to others, the House virtually dissolved itself.