User:Aleutian06/EXTRACT FROM CONSTITUTION OF THE STATE OF ARKANSAS, RELATING TO THE MILITIA

If officers would read to the militiamen under their command the following communication, it might, perhaps, have a tendency to promote the public good.

EXECUTIVE OFFICE, Little Rock, Ark., 27th August, 1860.

TO THE MILITIAMEN OF THE STATE OF ARKANSAS:

I have caused to be published; the foregoing laws of this state and of the United States, on the subject of the militia, for your information, observance and government.

The constitution of our state declares that " the military shall be kept in strict subordination to the civil power." The constitution of the United States declares that a well regulated militia is necessary to the security of a free state.

I appeal to you to remember that it is the duty of every good citizen to yield to his country such services as the laws require of him. You cannot perform those important duties entrusted to you as citizen-soldiers without being thoroughly organized, trained and disciplined. You must be " a well regulated militia,'' to be such security to the state as the constitution declares to be necessary.

Militia officers of the State of Arkansas: I point you to the laws regulating your duties, and appeal to you to be prompt, zealous and efficient in their performance. Let me remind you that those who continue to hold such offices are legally and morally bound to perform, as far as possible, the duties enjoined by law. This is no time to be indifferent on the subject of organizing the militia of our state. We do not know how soon the strong arm of the military may be needed. Then, if we have any state pride, let us be prepared with a well regulated militia. I enjoin it upon each major general to have all vacancies, if any exist in his division, in the office of brigadier general, filled as early as practicable; and to cause a thorough organization of the militia in every brigade in his division, and to have the returns made as required by law.

The laws of this state and of the United States require each militiaman to furnish his own arms and equipments. The state has only one hundred and thirteen muskets and carbines on deposit, at the U. S. arsenal, at Little Rock.

The State of Arkansas is entitled to receive from the United States, fourteen hundred and ninety-four muskets, at an assumed value of thirteen dollars for each musket, or if rifle muskets be required, with accoutrements, the state is entitled to but 1,069. If arms of a more expensive character be required, the number of them would be reduced in proportion to their cost. There is no law of this state authorizing the governor to furnish volunteer or other companies of militia with arms. In my message of November, 1854, I recommended legislation on this subject, but the General Assembly has not yet passed any lawgiving such authority to the governor. But the whole amount of arms due from the United States to the state would not be sufficient to arm all the militiamen in more than one of our large counties. The 1,494 muskets now due from the United States to this state, constitute the aggregate of all the arms apportioned to the state, under the acts of congress, during nine years, including the year 1860. The number of muskets apportioned to the State of Arkansas for the year 1850, was only 169. It is therefore manifest that the militia of our state cannot, under existing laws, be fully armed by the state, nor by the United States, unless the militia should be called into actual service of the United States. The expense of arming all the militia would be so great that the laws of the United States and of this state require every militiaman to provide for himself such arms and equipments as the law prescribes. All the volunteer companies authorized by law in every county in the state ought to be speedily and thoroughly organized and disciplined, and armed and equipped in the best manner as soon as possible. If neither the state nor the United States can furnish the necessary arms for the volunteer companies there is one mode by which the people of each county could procure them and have them always under the control of the proper authorities of the county in a county arsenal, except when in use by the volunteer companies. A law could be passed by our General Assembly to authorize the people of each and every county to tax themselves, if they choose to do so, by levying a tax on all taxable property in the county, to raise the money to buy arms and equipments sufficient to arm all the volunteer companies in the county. The law provides that " there may be organized in each county in the state, four volunteer companies, one of infantry, one of light infantry cr riflemen, one of cavalry, and one of artillery," " who shall be wholly independent of the militia of the county, except at battalion and regimental parades." Were the whole of the volunteer companies authorized by law organized and armed as they should be, each composed of the full complement of men, they would amount in the aggregate to twenty-two thousand volunteers, armed and equipped, and at all times ready for service, in addition to our regular militia, of which we now have sixty two regiments, and others will soon be organized.

Section fifty-seven of chapter 113, provides that volunteer companies " shall elect their officers at the first election at a time and place to be ordered by the colonel of the regiment, upon whose certificate of election commissions shall issue."

The law of the United States provides that " out of the militia enrolled, there shall be formed for each battalion, at least one company of grenadiers, light infantry, or riflemen, and that to each division there shall be at least one company of artillery, and one troop of horse." These volunteer companies do not compose any part of the regiments of the regular militia.

Our militia law provides that no company shall consist of less than thirty-two, nor more than one hundred non-commissioned officers and privates—in addition each company has one captain, one first lieutenant and one second lieutenant.

A battalion cannot consist of less than two nor more than four companies.

No regiment shall consist of more than eight nor less than four companies. The companies in a regiment are designated by letters, beginning with " A."

Volunteer companies are designated by the proper terms indicating the character of troops which they are intended to be. Each volunteer company is entitled to three lieutenants, but a company in a regiment of the regular militia is entitled to but two lieutenants.

It devolves upon each colonel commandant, not only to organize his regiment, but also to have formed within the bounds of his regiment, as many volunteer companies, independent of his regiment, as the law requires, and the number of militiamen will justify. If there should be more militiamen in the bounds of any regiment than necessary for a regiment of eight companies, containing one hundred non-commissioned officers and privates, and if, after forming, out of the excess of the militiamen, all the volunteer companies required by law, there should still be a surplus, the colonel would have to apply to the brigadier general of the brigade to divide the regiment and make a new regiment out of part of it.

The law in section 20 of chapter 113, prescribes that " It shall be the duty of the colonels, at all times, to keep the different vacancies of all officers in their regiments filled."

If each colonel will promptly comply with the important and solemn duty so positively and pointedly enjoined upon him by this provision of law, which he is in honor, in conscience and law bound to obey as long as he holds the office of colonel commandant of a regiment, the militia of our state will be organized, and will be kept continually organized.

Let every officer remember that the chief honor derived from holding an office, is that which an honest and intelligent community will ever accord to an officer who promptly, faithfully and efficiently performs his duties. To know what these duties are, it is necessary, not only to read, but to study and understand the laics and regulations prescribing them. Then an officer will be prepared to act, and if he have pride and energy of character, will promptly and efficiently discharge the public trust reposed in him.

I have prepared and had published with the militia laws, a register of the divisions, brigades and regiments of the militia, and the names of the major generals, brigadier generals, and colonels, who command them. If these officers will go to work in earnest and discharge every duty required of them by law, they will acquire credit and honor for their patriotic service, and will cause the militia to be such security to the state as the constitution declares to be necessary.

The patriotic ladies of our state might greatly encourage the militia by preparing and presenting suitable flags to them when organized.

It is time to prepare for trouble and danger, which will certainly be brought upon our state if our citizens remain heedless and indifferent to the security of themselves, their families and their property. The dangers which threaten the peace and quiet of the people of Arkansas arc of such a character that every good citizen, it is hoped, will be willing, not only to encourage the organization of the militia, but to use his influence in favor of raising money in the manner which I have suggested, to buy arms to arm and equip the volunteer companies in his count}'. Let the people take hold of this matter and petition the General Assembly of the State of Arkansas to pass such a law as I have suggested, so that every county may be enabled to have its volunteer companies of militia well armed and equipped, so that they would afford protection and security to the people of the county, in their persons and property. Will not the people act and aid in providing for their own security? Will no warning be sufficient to arouse them until English enemies of our government shall have their secret and diabolical agents and emissaries stationed in every town and neighborhood, in every county in our state, and their arrangements fully perfected, and all things ready at the appointed time, to begin their assigned and systematic work of wholesale arson and plunder, insurrection and murder? It is my opinion that the settled and secret policy of the British government is to disturb the domestic tranquility of the United Slates. That its object is to break up and destroy our government, get rid of a powerful rival, extend the area of the British dominions on this continent and become the chief and controlling power in America.

It is my opinion that the abolition statesman was fully aware that the British government intended, unceasingly, to pursue this policy of disturbing the domestic tranquility of the United States, when he announced that there was an " irrepressible conflict " between the free states and the slave states. It is my opinion that millions of dollars of British gold have been and will be used, in various ways, in the northern and southern states to stir up and intensify this " irrepressible conflict " between the free states and the slave states. That the policy of the British government has been for many years ana is now, so to conduct its unceasing efforts to overthrow our government, (by employing abolitionists as its secret agents and emissaries,) that the mischiefs and outrages perpetrated upon the slave states will seem to have been originated, planned and perpetrated by abolition citizens of the free states. It is my opinion that the British government is the real author and instigator of the mischiefs and outrages perpetrated against the slave states, and that it is the duty of our federal government, and of the patriotic people of the United States to hold the British government responsible for disturbing the domestic tranquility of the United States. It is my opinion that the British government has determined that, as long as our government shall exist, there shall henceforth be no domestic tranquility in the Union. It is my opinion that British gold has been and will be used to hire unprincipled abolitionists from the free states, and send them into the slave states instructed to commit such outrages that the people of the south will become so hostile to those of the north, and the aggressions and outrages committed upon the southern states by those hired abolition British emissaries, from the free states, will be so often and aggravated that civil war will be produced, the Union dissolved, and anarchy, with all its desolating evils and deeds of plunder, robbery, outrages, crimes and murder prevail.

I believe that such a conspiracy exists against our federal government, and that, if all the secret facts and transactions connected with it, and the names of the secret agents and emissaries of the British government, distributed throughout the United States, could be ascertained, well authenticated and made public, the patriotic people of the United States would be filled with astonishment; and that having discovered the real author and instigator of the mischief, all discord between the free states and slave states would at once be allayed, if not entirely cease, and that then they would become fraternally and more firmly united; and that the united indignation of the patriotic citizens of the whole Union against the British government and its agents and emissaries, would be so great that war would be declared against the British government in less than twelve months.

Entertaining these opinions, I deem it my duty to the people of the State of Arkansas, to warn them to go to work in earnest and make permanent and thorough preparations, so that they may at all times be ready to protect themselves and our state against evils which I believe the British government intends shall not be temporary and trifling but continuous and aggravated, " irrepressible " and terrible.

Every county in the State of Arkansas should have a substantial and secure county arsenal, well supplied with arms; and organized and well disciplined volunteer companies should be ready at all times to use them. Let these important matters not be lightly treated, but calmly and seriously considered. We must look as far as possible into the future, and prepare to guard against evils which are certainly approaching. Then as wise men, as prudent men, as citizen-soldiers and patriots, I appeal to the militiamen of the State of Arkansas, to organize and thoroughly prepare for any emergency which shall call for their strong arms in defense of our rights and our country.

ELIAS N. CONWAY, Governor, of the State of Arkansas, and commander-in-chief of the army of said state, and of the militia thereof.