Arkansas true Democrat., 1859-06-15
M0scOW, Ark., June 1st, 1859

NENTLEMEN-1 our paper of the llth ult., contains a card from the Hon. O. H. Oates to the people of the State, which embodies reply to similar card from B. F. Duval upon the same topic, showing their respective positions upon the all-ab- sorbing and much mooted question of the day, the per diem.
 1 should not feel in duty bound, or in the least called upon to notice this article of Mr. Oates, but from the fact of some sneering intimations, and unjust assertions, which he makes as to the cause of the wri- ting and publishing of the certificates ac. companying the card of Mr. Duval-one of which certificates is over my own signi- ture. As to the remarks in reference to Mr. Duval and his position upon the ques- ton, l have nothing to say. These do not concern me, and l shall leave them for him whom they touch to rebut, as best he can.
 Mr. Oates terms this assault of Mr. Du- val upon him e. retailing by certificates of pretenaed conversations" of his Admitting them all to be truc,) to quote his words in another portion of his article: "and I shall certainly not descend to become retailer of private conversations. Should I how ever be induced to engage in that sort of 
 business in the future, will try and repeat the whole of conversations attempt to re. tail, or at least to give to them the con- struction which rightfully belongs to them." Now, in one portion of his article he inti- mates that the facts set forth in those cer. tifcates are false, and that they are pre- tended conversation of his. Here he AS much as admits that they are true, but con- tain onl y in part his assertions, cutting off the connection which he would have won believe. which Is calculated to put an en- tlrely different construction upon his Dripote conversation, than he intended it sbonld bear. In another instance he remarks that " those who had sustained NIr. Duval in his position, were conscious of having done wrong, and were afraid of their action in this respect being brought to light" This too, he af1rms, merely because they refused to vote for certain resolutions and amend ments which were offered, and which he gives in full
 Now. If Mir. Oates is not sufficiently reasonable and charitable to exonerate the remainder of the gentlemen, whose names are to their respective certificates, from anv such designs as he seems to impute to them for publishing those facts, and casting the votes alluded to as we'll as for other implied acts, his knowledge of my position on that occasion ought certainly to convince him. that could not have been actuated by any such sinister motives as those with which he has charged me- To prove this let the following facts be submitted to all candid minds.
 It will be remembered by all the mem- bers of the last Assembly, that at the re- assembling of the legislature at the ex piration of the recess, the questions which originated and which consumed an inn mense deal of time during the remainder of the session, and which were common topics of conversation amongst the mem bers during the intervals of recess were. was It a called session, or was 1t a continu ation of the same session? Were mem- bers entitled to mileage for returning to and from home during the recess, or to per diem pay for services? Were the acts unfinished previous to the recess, and finished afterwards, valid or not? These were questions which grew out of the re- cess, and which appeared to be difficult of solution. It also be remembered by those with whom 1 conversed upon the subject, that my opinion was that it was continuation of the same ses- sion, and that member were constitutionaUv entitled to per diem pay during the recess: or in other words, if they saw proper to claim it, it was my belief that the consti- tuition would not debar them. I believed this to be consequence of the continual tlon of the same session from the fact that if the legislature was adjourned over to day certain, as was the intention, it was evidently one and the same, and I believed it to be the same session, more particularlv from the fact that I believed we never had been legally and constitutionally ad- Journed. Notwithstanding believed this, l knew we had not earned the pay; the bu- siness in behalf of the State was suspend ed, and for this reason and for others too tedious to mention, 1 believed strictly speaking, we should not claim it. And notwithstanding l was one of the number who acted and voted against the recess until the last resort; yet when my certificate was made out for full pay for services ren- dered during the recess, and certified to by our speaker, whose convictions were in fa-