National Republican. (Washington City (D.C.)) 1872-1888, 1874-09-14

the Arkansas constitution providing that
''leyaltY" and the observance Of "the rules
Of civilized warfare" should be among the
qualifications Of voters, while IN other
States there were similar provisions, the
/ fun force and effect Of which has been ma
tersally modified BY subsequent legislation.
Win this information and the draft Of
the Little Rock constitution before US, it Is.
not difficult to make q comparison between
the feeling of the people of Arkansas in
1883 and 1874 We find the most striking
difference in the liberal provisions of the
constitution now pending consideration for
the enfranchisement Of all males over
twenty one years Of age, including those
made citizens BY the Fourteenth Amend
ment and, of course, excluding felons or
those who have forfeited the rights Of cid
zenship as consequence Of a conviction Of
felonious acts. Il makes full and square
recognition of the purpose Of the Four
teenth Amendment by declaring that "the
equality Of al persons before the law is
recognized, and shall ever remain invio-
"late; nor shall any citizen ever be de-
"prived Of any right privilege or immnn-
"ity, nor exempted from any burden or
duty en- account Of race, color, or pre-
vious condition" WITH this we may dis
miss the purely political portion Of it. with
repetition of the remark that 1t is more
liberal than the one which it is intended to
replace, and the assertion that fair and
unprejudiced construction of its provisions
viii do no injury to any individual or class
Of citizens in the State.
The clause regarding Education" is pos
sibly so indefinite as to lead to future con-
filcts regarding the mixed-school question.
1t reads that the State shall ever maintain
"a general, suitable and efficient system of
free schools, whereby all persons in the
Estate, between the ages of six and twenty
zone years, may receive gratuitous instruc-
''tion' It viii be seen at glance that the
intent Of this provision Is to secure free
education for both blacks and whites; but
the suggestion naturally follows that under
Democratic rule it would either remain a
dead letter on the statute books or be so
enforced as to benefit the whites alone;
unless, indeed, the Democracy Of Arkansas
is radically different from the genuine arti-
Gle both North and South.
1t further provides that in prosecution
for libel the truth may be given in evil
dence, and if 1t appears that the matter was
published with good motives and for justi-
fable ends the accused shall be acquitted.
No distinction is ever hereafter to be made
by law, between resident aliens and citi-
zens, in regard to the possession, enjoy
ment or descent of property. But no pro-
vision is made for the enjoyment Of such
privileges by nonresident aliens, and in
this, perhaps, Arkansas is little behind
the progressiveness Of the times. Foreign
eTs, however, who have declared their
intention of becoming citizens, and who
have resided in the State twelve months,
may vote under the ordinary restrictions Of
residence in the voting precinct.
Taking advantage of some sad experience
in the matter Of railroad enterprises in
which the State has been badly misused,
the convention proceeded with extraor-
binary care to frame provisions that none
of the liabilities of railroad companies or
their obligations to the State can ever be
exchanged, transferred, RENTED, post
poned or in any way diminished, nor ever
released, if pecuniary, except by payment
thereof into the State treasury. In short,
this portion Of the document, as well as
that which relates TO the collection and
holding" Of public moneys, is carefully
drawn with the sole object in view of
protecting the treasury from the possibility
Of fraud.
One feature that viii strike the general
public as exceedingly strange is the fact
that no change is made in the provisions
for the settlement of contests between
claimants for the Office Of Governor. When
it is remembered that the recent troubles
in the State were occasioned by the differ
ent constructions of the clause providing
for these contests, 1t would seem that the
convention should haveappl ieditselfdirectly
to the duty Of preventing further troubles
Of the same kind, but it is probable that the
friends of Governor Baxter, who seem to
have had control, deemed It inconsistent
with their declaration that his construction
Of the old Constitution was correct to make
any change. 1t is to be hoped, however,
that this determination viii not prove to be
the foTerunner of evil results.
Take it all in all, the new constitution is
worthy of the approval which lit viii doubt
less receive when it is submitted to the
people for their action. There viii be many
who viii denounce 1t as a scheme to restore
unrecopstructed rebels TO power, but this
we can afford to overlook. providing the
provision relating to the Fourteenth
Amendment which we have quoted above.
is thoroughly and impartially enforced.