Arkansas true Democrat., 1859-03-16
LITTLE ROCK, ARK. :
 E.Ig1iarv r lSSQ {
T ''III Your obedient servant,
 JNO. J. CLENDENIN. To the Hon. BENJ. T. DuvAL, Speaker House of Reps, Little Rock

hlcihti iiouHG Ol ilep :,
 Little Rock
 On 9th of February, the following preamble and resolutions were introducedb by MT. Vaughan of Ma dison county:
 'W hereas, the Senate has recently determined that members of this General Assembly are enti- tied to per diem during the recess from 23d of De cember, A. D. 1858, to l7th January, A. D. 1o59 | therefore,
 Resolred, That it is the sense of this House also that the recent adjournment mere continual ton of the session of the General Assembly, and that its members entitled to their per diem for | the whole session including the recess. | Resolred .furthr, That the Speaker of this House is authorized and hereby required to sign the ac | counts accordingly.''
 The question divided, and on the adoption of the first. which declares that the members were en- l titled to the Der diem there were few if any dis l sentng votes. Not voice raised in discus son against it, which is remarkable, inasmuch as it | Is now contended by some Of the members of the
 House to contain declaration in clear violation of the law and constitution. Upon the second at the request oi NIT. Oates, the ayes and noes were called | for and the resolution was adopted bv vote of 3l | to 2c.
 1 voted for the adoption of both, because they | contained nothing but what 1 had uniformly de- ciaIed to be my opinion of the law. They were in tfoddced without my agency; and at the time, I
 nae hot the remotest idea that their adoption would III 1 House Mr. Oates, however, had seen the resolu- tlonS. and nterined in the second one the peremp- I tory Words "and hereby reluired;' and it was in erred by the mover from his interineation and his silence IS to any opposition to them that if adopt ed 1e would obey the direction of the House.
 He says that immediately after his resignation the diihculty between the Speaker and the House Was settled by the election o1 B. T. DUyal to the | Speakership, who certified accounts for per diem | pay whilst the General Assembly was not in ses- | sion.''
 It is true was elected Speaker, and without hctaon, and against my express wishes, the House l by q large Vo,e cOnered that distinguished honor upon me 1 was not elected, has been falsely and sanderously asserted by some, because l was willing to obey the mandates of the House. right or wrong. For my position upon the subject Of the per diem pay publicly expressed, and generally | known long before any resolution of tine sort had been introduced, or it was ever dreamed that MT. Oates intended to resign, as appears by the address of Mir. Oates itself, as well as by what have here
 in stated 1 have certified all accounts, presented 1 to me, for per diem during the recess-and in so doing you will observe that 1 am sustained by the decision of majority in both Houses, acting under the same obligations, and in view of the same re- | sponsbiity as Mir Oates. l submit that their de- lberate action is entitled to much weight as bis | opinion
 1 regret that circumstances have made if my duty to appear before you in defence of myself and the body over which have the honor to presdHe- and especially regret that am compelled to refer to the course of Mir. Oates-it is with no unknd feeling that 1t IS done, but only in justice to myself and others Upon the subject of the recess and the per diem pay, have done as 1 have upon every other question which came before me as d member ot the General Assembly, what I conceived to be Hght. And whatever your judgment may be am satlshed you will accord to the merit of eoasis n"cy' The question, as before stated, before the House was whether members were entitled to mile age twice during the same session, or per diem pay during temporary suspension of business.