County. Consolidated report of election held in the State of Arkansas, commencing March 13, 1868, upon the ratification of the constitution. Remarks. HEADQUARTERS FOURTH MILITARY DISTRICT, (MISSISSIPPI AND ARKANSAS,) Vicksburg, Mississippi, April 23, 1868. I certify that the above is a correct return of the election held in the State of Arkansas on the ratification of the constitution, as shown by the returns of the registrars. ALVAN C. GILLEM, Brevet Maj. Gen. U. S. A., Commanding 4th Military Dist. It will be perceived by the foregoing table that there were cast for the constitution twenty-seven thousand nine hundred and thirteen (27,913;) against the constitution twenty-six thousand five hundred and ninety-seven (26,597;) total, fifty-four thousand five hundred and ten (54,510 ;) majority for the constitution, one thousand three hundred and sixteen (1,316.) Had the election been conducted in strict compliance with General Order No. 7, and the result been indicated by the above figures, the adoption of the constitution would have been indisputable; but an examination of the foregoing table of returns shows that in Pulaski county the total vote exceeds the total number registered by one thousand one hundred and ninety-five (1,195.) This is explained by the registrars, who admit that they permitted persons registered in other counties to vote on the presentation of their certificates of registration, and without taking their names, or the counties and precincts in which they claim to be registered; nor did the officers conducting the election in this (Pulaski) county comply with par. III, General Order No. 7, from these headquarters, providing for the manner of conducting the election, by "checking off the voter's name on the precinct book serving as the poll-book." It is therefore impossible to ascertain the number or names of the registered voters in Pulaski county who availed themselves of the right of franchise, and therefore impossible to ascertain the number in excess of eleven hundred and ninety-five (1,195) who voted in that county and who were registered in other places. It is also impossible to ascertain whether or not these persons had voted where registered. The same irregularities occurred in Jefferson county, where seven hundred and thirty (730) votes were cast by voters claiming to be registered in other counties or precincts. Of these votes, eleven hundred and ninety-five (1,195) in Pulaski and seven hundred and thirty (730) in Jefferson-making a total of one thousand nine hundred and twenty-five (1,925)-there is no means of ascertaining whether they were cast for or against the constitution. Prior to the act of Congress passed March 11, 1868, and which was promulgated in General Order No. 14 from the War Department, dated March 14, 1868, there was no law or order in existence permitting voters registered in one county or precinct to vote in any other county or precinct. The act above referred to authorizes "any person duly registered in the State to vote in the election district where he offers to vote when he has resided therein for ten days next preceding such election, upon his presentation of his certificate of registration, his affidavit, or other satisfactory evidence, under such regulations as the district commander may prescribe." The order containing this law was not received until after the election, and the despatch from the General-in-chief containing no intimation of this provision, I was unaware of the existence of the law, and therefore prescribed no regulations for persons voting at other precincts than those in which they regis tered. It appears from the report of Colonel J. E. Tourtelotte (see Appendix C, No. 1, to which special attention is invited) that the registrars in Pulaski, Jefferson, and Washington counties, learning unofficially of this law, determined, on their own responsibility, to receive the votes of persons registered in other counties. Colonel Tourtelotte was ordered to Little Rock for the purpose of investigating the frauds alleged by those opposed to the constitution, and was informed by the parties preferring the charges that at least six weeks would elapse before they could be ready to proceed with the investigation, and that months would be required to complete them. Such delay was not deemed expedient. All the evidence bearing on the subject is transmitted herewith. As there was no separate record kept of the 1,925 votes cast in Pulaski and Jefferson counties by persons not registered in those counties, there are means of ascertaining whether or not they were cast for or against the const tution; and, therefore, if the reception of these votes by the registrars under a law the existence of which they had no legal notification, is held not to inva idate the election in the two counties above named, the constitution appears: have been adopted by a majority of 1,316. Each party charges the other with frauds, those opposed to the constituti asserting that a large number of the votes cast in Pulaski, Jefferson, and Wasiington counties were by unauthorized persons, and in some instances that th same persons were permitted to vote several times. Those in favor of the co stitution charge that force and intimidation was used to prevent legal votes from attending the polls, and that in one instance—that of Union countyarmed parties were stationed on the roads for that purpose. For evidence the subject of frauds, attention is invited to Appendix C, herewith transmitted In a question of such importance, and one purely civil, in which the act to be taken by the district commander is not prescribed by section 5 of the of March 23, 1867, I have determined to forward the entire record for th action of the proper authority. I am, General, very respectfully, your obedient servant, ALVAN C. GILLEM, Brevet Maj. Gen. U. S. A., Commanding 4th Military Dist. General U. S. GRANT, Commanding Armies of the United States. 4 APPENDIX B. No. 1. HEADQUARTERS 4TH MILITARY DISTRICT, (MISS. AND ARK.,) Vicksburg, Miss., February 9, 1868. MAJOR: I have the honor to request that I may be informed what arrang ments have been made permitting registered voters to duplicate their certificate where they have lost them. A great many instances of such a character exis in various parts of the State. I am, very respectfully, your obedient servant, Brevet Major JOHN TYLER, U. S. A., JOHN R. FELLOWS. Acting Assistant Adjutant General, 4th Military District. Received, 11th military district, February 15, 1868, and returned same dat with following indorsement : HEADQUARTERS 4th Military District, Respectfully returned to Mr. J. R. Fellows, Camden, Arkansas, with copy of circular dated October 22, 1867, from these headquarters, enclosed. By command of Brevet Major General A. C. Gillem: JOHN TYLER, First Lieut. 43d Infantry, Bt. Maj., U. S. A, A. A. A. General. HEADQUARTERS 4TH MILITARY DISTRICT, (MISS. AND ARK.,) Office of Civil Affairs, Holly Springs, Miss., October 22, 1867. SIR: I am directed by the general commanding to inform you that the loss of a certificate, by a registered voter, need not prevent his voting, but that in all such cases registrars shall, at any time previous to the election, upon being satisfied of the identity of the applicant, issue a duplicate certificate of registration. This certificate. will have written across its face, in red ink, the word "duplicate," and likewise that word shall be entered opposite the name of the voter in the precinct book. I am, very respectfully, your obedient servant, O. D. GREENE, Assistant Adjutant General. Official copy of the circular referred to in the forgoing indorsement on com. munication of Mr. J. R. Fellows. WM. ATWOOD, First Lieut. 19th Infantry, A. A. A. General. No. 2. [Telegram-3.40 p. m.] H'DQ'RS 4TH MILITARY DISTRICT, (MississippI AND ARKANSAS,) Vicksburg, Mississippi, February 12, 1868. Brevet Brigadier General C. H. SMITH, Little Rock, Ark.: If the convention has not adjourned, cannot time of beginning election be extended until April 1st? Is it possible for you to get registrars selected and organized as boards in time to revise the lists (14) fourteen days preceding the election? See section 7 of the law published in General Orders No. 71. JOHN TYLER, First Lieut. 43d Infantry, Bt. Maj. U. S. A., A. A. A. General. WM. ATWOOD, Official copy: No. 3. [Telegram.] LITTLE ROCK, ARK., February 12, 1968. Brevet Major JOHN TYLER, Acting Assistant Adjutant General: The constitution, its schedule and election ordinance, was adopted on the 11th instant. The day fixed for the commencement of the election is the 13th day of March next. This telegram is by request of the president of the convention. C. H. SMITH, Brevet Brigadier General, Commanding. Official copy: WM. ATWOOD, First Lieut. 19th Infantry, Acting Assistant Adjutant General. No. 4. H'DQ'RS 4TH MILITARY DISTRICT, (MISSISSIPPI AND ARKANSAS,) GENERAL: I am directed by the general commanding to inform you with reference to the prospective election in Arkansas, that he desires you to continue in the exercise of the authority exercised during the past elections, and he directs the same general course with regard thereto to be followed in the future. The meeting of the boards, for the purpose of revising registration lists, as provided by the 7th section of the act of July 19, will be held at the respective county seats of each county, under the supervision of a board consisting of three registrars. The general commanding desires you to at once make the selections of persons for appointment as registrars, and to make a report as soon as possible containing their names. Your recommendation for appoint ments will be carried out. The general commanding further desires you to take such action generally as will prevent any delay in the time of holding the election beyond the time fixed by law. The pay of registrars will be the same as formerly, $180 per month, and the entire board will be under pay during 30 days preceding the election, including the time consumed in holding the same. The general commanding desires that no longer time elapse prior to the election, after the adoption of the constitution by the convention and the issuance of the order, than is fixed by law. The books deposited with the county clerks should at once be turned back to the retained registrars. I am, general, very respectfully, your obedient servant, First Lieut. 43d Infantry, Brevet Major U. S. A., A. A. A. Gen. Brevet Brigadier General C. H. SMITH, Commanding Sub-District of Arkansas, Little Rock, Arkansas. WM. ATWOOD, First Lieutenant 19th United States Infantry, A. A. A. General, |