Mir. SMITH, from the same Committee, submitted the following

REPORT
{"newspaper_name": "The Arkansas banner.", "edition": "01", "page": "p2", "byline": ""}
{"character_count": 2988, "word_count": 516, "ccnet_language_score": [0.9332000017166138], "ccnet_perplexity": [1742.300048828125], "fasttext_language": ["en"]}
the following

 REPORT:

 Entertaining an opinion upon this question totally different from that expressed by the majority of the Comn'ttee, deem Il duly l owe to myself, to briefly declare the reasons apon which iha. opinion s founded. The question Is confessediy important in it's bearings, involving the relative rights of rep resentative and constituent and take leave 10 ex- press my regret that tte Committee have not thought proper 10 favor ihe Senate, with argument to sas- tain position that is al least novel, if not extraor dinary.

 IL Is not disputed, that John s Ficklin was reguf ary elected i0 the Senate was eonstitationay eli gible at the time, and was qualified, and took his seat as member of this body. without contest or question. It is equally clear that during the pas; summer he volunteered in the defence of bis coun- try. ad mustered into the service of the Uni ted States as the captain of volunteer militia pany, and which Is now in that service; and the precise eaestion is whether this amounts to Ior- iriiure cf his right to hold seat in this body.

 Our State constitution, to which we must refer to determine the eligibility of a member of either house, prohibits certain civil officers from being members. The prohibition, in terms, is aimed at persons holding lucrative civil offices unds the tIai ted States or tiis State but believe. and hence fe iy admit, sat officers os the regular army of the tnlie s,asess would bc ineligible although t is not So expressly declared. Militia officers, on ihe con. hsry, by the positive language of tha, instrument are eligible O seat in either house Of the legisla. nre, and Il must be obvious to every one that the true inquiry Is. whether John S. Fickin IS mili. ta ofieef-not wheshef he Is in the service of he pnited ststss. at this particular place or another, Whether the Senator. from Lawrence, ean serve two masters leave to the curious :s issss,igst. Whether he is subject b the orders of superior military officer. os his --is or is not unlram- neiied ia his ieg,saiiSs capacity. pass by. with this remark. that whatever evils ineoayeuienees might grow out of ease ike this, we mast appeal 10 the same power that made the consultation for remedy, and not dlsfsnchisc citizen on mere Bas tons os right and wrong The constitution Is sny guide, and being unshe to hnd seyrhing n i to rant tis extraordinary proceeding. must and shall withhold my sanction and my vote. because I never will violate that paramount law to cosFeet either real os supposed evils.

 Congress have autborsty -ts provide for calling forth the mili1a to execute the laws ef the unicn suppress insnfreetions and fepei invasiohs and to provide fer organizing ssniag. and dseipliaing the militia. and fos governing sach pats of them ss may be employed the service of fhe Uaied States reserrg to lAs Stases rsspecirsiy s sgposatssaf e tas e6e-ys snd 1e aatority of rziHiAg bs msiiils, areefdiag io the discipline prescribed by Congress