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STHES
BROOKS BAXTER WAR
A HISTORY
OF THE
RECONSTRUCTION PERIOD IN ARKANSAS
By JOHN M. HARRELL.
1893:
St. Louis.
.411
H28
Buhr
>DEDICATED
TO THE
UNITED CONFEDERATE VETERANS
BY THE AUTHOR,
JOHN M. HARRELL,
BRIG.-GEN. COMDG. S. Div. ARKANSAS U. C. V.
COPYRIGHT:
BY CHARLES CUTTER, ASSIGNED TO JOHN M. HARRELL.
PREFACE.
In less than a decade after the surrender of Lee the Southern States, one after another,
threw off the governments erected under the military bills of Congress. They re-established
governments in accordance with ancient usages, inherited from the colonies, and the rules of
home government reserved to them in the Constitution of the United States. The re-awakening
was irresistable and phenomenal. By these sketches I have attempted to trace the ætiology of
this material and moral palingenesis in Arkansas.
I have spent my youth in Arkansas, and I watched with deepest interest the succcessive
stages of its disenthralment. In the early days of its settlement chance assemblages of adven-
turers from the older States, at the river towns on the Mississippi, committed lawless deeds on
its border that gave it a reputation which did not apply to the interior. The caricaturist of the
Eastern press selected it as the scene of droll characters and incidents—the creatures of his im-
agination and found a never-failing source of merriment in the tales of the “Arkansas Traveler."
Young off-shoots from a civilization which had grown too exacting, perhaps, coming to the State
and yielding a credulous faith in the reality of these burlesques repeated them, and fancied that
they thus enhanced their own accomplishments, not fully appreciated at home. It got to be
called the “ Home of the bowie-knife and refuge of the cut-throat.” The “gentle” “Autocrat of
the Breakfast Table” approves the bowie-knife-pronounces it the “ Roman gladius, modified
to meet the daily wants of civil society."
Others, who never visited the State, or the South even, applied their caricatures to the
Southern States generally. The gifted Bret Harte, accomplished by the amenities of “Roaring
Camp," and learned in the magic of “ Ah Sin," has lately attempted to borrow them for use in
distant Scotland. His etchings of M'liss and Yuba Bill are far below the art of Cable's
“Les Demoiselles' Plantation" or Miss Murfree's “Drifting Down Lost Creek.” His lam-
poon of " Elsie Kirby," whose “Maw” has invested twenty thousand dollars in a "syndicate.”
for obtaining by her daughter's marriage a share in the title and estate of a Scottish “laird,”
contains none of Nature's touches, and is a new role for a Southern girl. On her first meeting
with the American Consul (a former claim-jumper from Scott's Camp, on North Fork), the
author makes this feminine type of American thrift and modesty say:
“It was mighty good of you to come and see me, for the fact is, I'm a Southern girl, and
did not admire going to your consulate-not one bit. I never was 'reconstructed,' either. I
don't hanker after your gov'ment. I reckon I ain't been under the flag since the wah. I'll
just run up and see if Maw's coming down. She'd admire to see you. You would n't think
I was half engaged to Malcolm, would you ?"!
(iii)
Preface.
Mr. Rudyard Kipling says he heard some conversation like this between real, living belles
in San Francisco. He talked also with a girl who was not Southern, on the heights of the
Yellowstone upon their first chance meeting—a full cousin to “Daisy Miller"-whose mothers
were sisters. He paints his English portrait of these American girls as faithfully as Harte
“bites in ” his Scottish fancy. But Harte is confused with recollections of Nob Hill and
studies of Poker Flat.
W. D. Howells, essaying to quit the commonplace, attempts the blood-curdling romance
of the loves of a naval officer and lovely mulatto girl. The learned lover tells her that South-
erners hate “her race" because they “had injured it.” He never heard of the “horrors of the
middle passage,” when her ancestors were brought by ships not Southern, naked cannibals,
saved from being eaten, as captives, to our coasts, where they were disciplined to a degree of
“ culture” which Howells and some Bostonians regard superior to their own.
Let us leave it to foreigners and expatriated Americans to hold Americans up to ridicule
abroad, while we recognize their worth at home-in the cabinet, on the bench and in the
pulpit. The “necessities of war" invited foreigners to aid in putting down the South. There
is now no demand for a similar alliance to write us down. Or, is there?
Several years before the war I traveled nearly all over the State on horseback, alone and with-
out a weapon. Its peace, plenty and hospitality were idyllic. I found everywhere men of culture,
among them lawyers, soldiers, poets, orators, whose renown was not confined to the State, nor
that of some to the United States ;* gentle, lovely women, whose lives of purity and refinement
were as impressive as they were genuine, inherent. The cut-throats were imaginary until 1868.
The papers, addresses, editorials, proclamations, military orders of “old citizens,” repub-
lished in these pages, bear witness to the enterprise, ability and culture of the thinkers and
workers who took part in the deliverance of the State from the grasp of the spoilsmen. Brooks
men and Baxter men were animated by the same purpose. They afford abundant proof that
our great State, with its fertile river valleys and grandly picturesque mountains and prairies,
is not the habitation of ignorance, rusticity and crime.
To vindicate the honor of our oppressed people who, after years of patience, felt that longer
endurance was reproachful, and rose up in their strength, as grand and irresistible as they were
liberty-loving and patriotic, these pages were written.
The opportunity of publishing them came about this way: Capt. Cutter, editor and pro-
prietor of his handsomely executed Illustrated Journal, asked me to contribute to its pages.
Mr. E. S. Brooks, editor D. Lathrop Publishing Company, at the suggestion of Mr. Geo. Russ.
Brown of the Gazette, had applied to me to write the “Story of Arkansas.” I preferred to
write these sketches of the “ Period of Reconstruction."
Preface.
I began it from materials which had been gathered for me by a friend to whom I have given
the name of “Darley Raynor." I finished it, after exhausting many sources of information.
The authority for the facts contained in the work accompanies them, connected, I think, by a
sufficiently perceptible thread. They are reprinted from authentic reports of the press and
sworn testimony of the actors.
I would not have these papers to be considered a book of politics. They are but the pub-
· lished records of dark experiences, which point an impressive moral for the whole American
people. Mistaken solicitude for the blacks (certainly originating in a kind and noble impulse)
prompted the measures that excited unnecessary antagonisms between them and the whites, with
whom they were indissolubly joined by interest and contact; that violated democratic usage, in
erecting vice-regal directories for their protection (?) instead of State governments “republican
in form.”
Many acts suggested by the kindest motives are hurtful to the cause of humanity. Under
the circumstances by which he may be surrounded, the race of man must improve each exigency
for his advantage, whether it demands peace or war. The contest is unending. The preser-
vation of the “fit,” which is to be desired, is only another conception of destruction or absorp-
tion of the “unfit,” hardly less to be desired.
The Malthusian metaphor serves a feast for a limited number of guests at Nature's table.
The question is, who is to be favored with a seat? No principle purely of morals will govern
the situation. The office of morality in the struggle, is to humanize it, and alleviate its bitter-
ness to those who are rejected.
The preceding parágraph is the general sense of an article of Leslie Stephen, in the London
Contemporary, which arrives at the following conclusion: “We give inferior races a chance of
taking whatever place they are 'fit' for, and try to supplant them with the least possible
severity, if they are “unfit for any place.” 'He had the Maoris, Bushmen, Africans, on their
own soil, in view, while writing ; perhaps never heard of our “Fifteenth Amendment."
If Mr. Lincoln's design, and the American policy of conciliation, mutual trust and confidence
between officers and people had been observed, the State might have been made republican.
The military governments contained the elements of their own destruction. This is the lesson
taught in these faithful chronicles.
J. M. H.
*Capt. Bonneville, Irving's Scenes in the Far West; Albert Pike, Hymns to the Gods, Blackwood's
Edinburgh Magazine; A. H, Sevier, Minister to Mexico; Solon Borland, Minister to Nicaragua; A, H.
Garland, United States Attorney General; Edward Fitzgerald, Delegate to Ecumenical Council, Rome
H. C. Lay, Member Pan-Anglican Conference, Lambeth.
INTRODUCTION.
By way of palliating criticism of what may be considered a spirit of resentment running
through these sketches of character and chronicles of actual occurrences, a true description of
which must seem harsh, I will present, as an introduction, from the article of statistical illustra-
tion recently furnished the Boston Arena by Joshua W. Caldwell, a few short passages. Nothing
could be less polemical than the spirit in which this writer treats of the relations of those who,
under seemingly conflicting but really identical impluses, united to establish the American
Republic.
Mr. Caldwell commences his article, to show that “The South is American,” with the asser-
tion that a great deal has been said and written by Southern men of the need for a history of the
South. The admirers of the late Henry Grady were fond of predicting, before his death, that
to his brilliant genius the South would become indebted for a history which would fully “vin-
dicate" her. It is respectfully submitted that the South does not need vindication, and that in
any event she must rely entirely upon the facts. We need not expect, and do not desire, any
vindication except the truth.
Now is the time to gather the material, to preserve it, for the hand of the historian, who
shall extract from it the truth; but not until generations shall have passed, and feeling and
prejudice shall have ceased to obscure and distort truth and judgment. We may rely upon it,
the truth will finally be told, and the world will know it.
As Virginia had been the richest and most influential of the Southern colonies, she became
the controlling Southern State. There was no time prior to 1861 when she was not the fore-
most and most influential Southern State. The younger Southern States are very largely of
Virginia origin. It is correct, botlı geographically and politically speaking, to call the four
Southern colonies the “Virginia group.” Socially, politically and religiously, the Southern
colonies were of the same type; and it was mainly, almost exclusively, Virginia and Virginians
that shaped their institutions and determined the character and quality of their civilization. This
civilization was essentially Anglo-Saxon.
But while the American colonists, more especially the Southern ones, were men of the
Anglo-Saxon race, and had the Anglo-Saxon civilization, they were at the time of the Revolu-
tion not Englishmen, but Americans. No writer has more satisfactorily presented this truth
than Theodore Roosevelt. It is true that Georgia had not long been settled, but in most of the
other colonies the white race had lived for more than two centuries. In Virginia they had dwelt
for more than two hundred and fifty years. The Anglo-Saxon supremacy in the South has never
been overcome. So far as other white races are concerned, it has never been threatened. The
white population has always been American and homogeneous.
The third decade of this century witnessed the setting in of that mighty tide of immigration
(vi)
Introduction.
vii
which has “known no retiring ebb.” The South has had almost no immigration. In some
parts of the West we know that foreigners possess the land, and do with it as they please. But
statistics are more convincing than general statements. According to the census of 1890, there
were for every 100,000 native born Americans 17,330 foreign born. In New York for every
100,000 natives there are 35,000 foreign born; in Illinois, 28,200; in Michigan, 35,000; in Wis-
consin, 44,000; in Minnesota, 56,000; in Montana, 48,000; in North Dakota, 80,000—for every
100,000 natives.
Massachusetts alone has a foreign population of 657,000; New Jersey, 329,000, or nearly
as many as the whole South ; New York, 1,600,000, four times as many as the South; Pennsyl-
vania, 845,000; Ohio, 459,000; Illinois, 842,000; Michigan and Wisconsin, each over 500,000;
Minnesota, nearly the same; and California, 366,000.
But these figures do not indicate the real importance and influence of the foreign-born
population. It is the percentage of those of voting age, which in New York is 38.73; Illinois,
36:39; Michigan, 40.22; Wisconsin, 52.93; Minnesota, 58.55; North Dakota, 64.89; Nevada,
51.41; California, 50.22.
These are foreign countries, and it is a positive relief to turn to the South and feel that there
are still some Americans left. The percentage of foreign-born voters in some of the Southern
States is as follows: Tennessee, 3 per cent.; Kentucky, 7; Alabama, 272; Mississippi, 2;
Louisiana, 10; Texas, 14; Arkansas, 3; Virginia, 3; West Virginia, 5; North Carolina, 0.61;
South Carolina, 2; Georgia, 2; Florida, II.
The white people of the South are not only American-they are in the main the descendants
of a race which from the days of Tacitus has been known in the world's history as the exemplar
and champion of personal purity and political liberty. For them no life but one of freedom is
possible.
The strongest, most concentrated force of Americanism is in the South. Americanism is
the highest form of Anglo-Saxon civilization. There is no part of the globe, except the King-
dom of England, which is so thoroughly Anglo-Saxon as the South.
But it will be said, nevertheless, a war was necessary to keep her in the Union. To this
matter I am compelled to refer very briefly. The excellence of the American Union is in the
principles on which it is established—that is to say, in the Constitution. Surely, no man will
say that it is more important to preserve the physical integrity of the Union than the prin-
ciples of the Constitution.
We claim for the South, in the war between the States, absolute good faith. Whether she
was right or wrong, the impartial judgment of the future will fully determine. The South, I
affirm, has been from the first, absolutely faithful to the principles of the Constitution, as she in
good faith construed it. It is correctly said that the Constitution was adopted and promulgated
viü
Introduction.
by a convention in which Southern influences predominated. The heading of one of Bancroft's :
chapters is “ Virginia Statesmen Lead Towards a Better Union.”
Virginia did lead the movement for the establishment of the Constitution. The reader
who wishes to know the extent of the influence of George Washington, of Virginia, in this
movement is referred to the pages of John Fiske, of New England. Rutledge and Pinkney, of
South Carolina, were the most important contributors to the form, as well as to the substance,
of the Constitution. The Bill of Rights is mainly the work of Thomas Jefferson, of Virginia.
During the first century of our national life Southern statesmen held the Presidency and
shaped the policy of the Government. They acquired Florida and Louisiana, including the
Mississippi River and the vast area of the Northwest, and extended the public domain to the
Rio Grande and Pacific Ocean.
The Constitution was first construed by John Marshall, of Virginia. When the Southern
essential respect. There is no fact, nor logic, which can prove that the South ever deviated from
her fealty to the Constitution, or ever shed a drop of blood except in defense of its principles,
as it was ever construed by the South.
The war construed the Constitution differently. The South has, in good faith, unreservedly
accepted every legitimate result of the war. No man, who is honest and who is adequately in-
formed, will say that her people are not absolutely loyal to the Union and the Constitution. I
go further and affirm, that in the troubles which the future is sure to bring, the principles and
the institutions of American liberty will find their most loyal and steadfast support in the twelve
millions of Southern Anglo-Saxon Americans.
The election of Mr. Lincoln was not the cause, but only the signal, for organization by
the Southern States of an independent confederacy. He could not have "coerced” the nineteen
Northern States, which had passed the “personal liberty bills," into observance of the Consti-
tution. They appealed to “higher law.” They had furnished, under Presidents not in sym-
pathy with them, John Brown, Owen Lovejoy and the slayers in the Batcheldor riot in Boston.
Their emissaries would have disturbed the repose of the South in every quarter--Federal sol-
diers would have garrisoned Southern towns-an outcry would have arisen to make slavery and
the name “Southerner" execrated, for all time, in every land.
It was according to the plan of that “higher law” that Southerners anticipated the exigency,
and met it in manly line of battle. Thus they unified the South, and demonstrated a courage
that won universal sympathy. Thus they saved for their invaders, as well as for themselves, the
principles of constitutional liberty–which was "the cause”-that is not lost.
AUTHOR.
THE BROOKS AND BAXTER WAR:
A History of the Reconstruction Period
of Arkansas.
The war, you know's all done and ended,
And aint changed no p'ints o' the compass;
And whites and blacks—ther helth's jes splendid
As 'fore the rumpus.
- James Whitcomb Riley, þaraphrased.
Note by the Editor.-The manuscript of the
following circumstantial narrative of the be-
ginning and course of the long struggle that
culminated in the violent collision of political
factions, in the State of Arkansas, called " The
Brooks and Baxter War," was found with the
effects of Mr. Darley Raynor-a young man
who had been reared in Little Rock and was
sent East to be educated, where he showed
some promise, but was compelled to abandon
his studies by the breaking out of the civil
war and return home. There he remained
until his death, which was a tragic one, soon
after the Brooks and Baxter conflict. He had
accepted the duty of occupying and taking
charge of a vacant dwelling in a picturesque
retreat near Little Rock, and was found life-
less in his room on the ground floor, at the
feet of his chair, after he had been dead seve,
eral days
The crashed panes of glass, the hole of a
rifle-ball in his skull, and the position of his
remains, were conclusive evidences of his sud-
den and violent death. Poor Darley! He
was not known to have an enemy in the world;
he was proverbial for his amiability and his
reticence; he was happiest when alone with
his books and papers, for he was forever en-
gaged in writing mysterious manuscripts,
which he kept carefully locked from all be-
holders ; he was never known to visit any
friends but his family in the city. His mur-
der was a most inexplicable deed, until invest-
igation led to the conclusion that it was
brought about by his kind acts and sympa-
thies alone. There lived near him a man who
had a modest, patient, and beautiful wife.
The husband was impracticable, and failed to
properly provide the necessaries of life; while
the unfortunate wife endeavored to eke out a
famishing livelihood by all kinds of labor.
Young Raynor sometimes visited the wretch-
ed hut where she toiled, but was never known
to enter it. Upon some of these visits he left
presents. of articles of food or apparel, which
the wife did not think to conceal, but on the
contrary spoke of them freely, and referred to
the matter in such complimentary terms as to
arouse the demon of jealousy in the heart of
the husband. Knowledge of these circum-
stances led to the husband's arrest; but on
investigation he was pronounced unmistaka-
bly insane.
The manuscripts found in young Raynor's
trunk fell to me. Among them were these
memoranda of the Brooks and Baxter War.
They consisted of several packages fastened
together and labeled, as are the transcripts of
court papers, and were numbered “Paper
First-B. & B. War;" “ Paper Second," etc.
Each paper I found to be a stage.of distinct
occurrences of the history. It was evidently
the literary work of a student, preserved for
The Brooks and Baxter War: a History
his own inspection and remembrance. It seems, they were prepared, and
gives many facts connected with an important bore it with fortitude, and a spirit
era in the history of the State, and I feel it my of resignation which was doubt-
duty to give them to the public for what they lace s tained by the pleasure of
are worth. I think they have decided value.
being once more at ‘home,' and
FIRST PAPER. .
realizing that the war was at an
I felt very sorry for the people end.
whom I had known in their afflu I had not taken part in the war.
ence in my State of Arkansas, but I was too young when it began,
who had taken sides with the Con- and ere it ended, I was convinced
federacy, and gone into the army or of its hopelessness to the Confed-
exile, and came home poor and erates, with whom I sympathized
dispirited after the surrender' in with all my heart. I was persuad-
1865. It was but the State of my ed of the injustice and blight of
adoption, it is true, as I was born slavery, but I could not imagine
in Newburyport, Massachusetts; any place in our government for
but I had been reared from infan- the black people when they should
cy in little Rock, the capital city be made free, since I believed
of Arkansas, and felt for it, alone, them incapable of exercising the
that mysterious tie which seems to duties and rights of freemen. I
bind all men to the haunts and derived my impression on the sub-
associations of infancy and youth. ject probably from my mother,
The tumble-down vehicles and and her husband, my step-father,
jaded teams, the old-fashioned ar- who were New Englanders, but
ticles of dress of the citizens, and who after a long residence in Lit-
bearded, scarred or emaciated fig- tle Rock in contact with them
ures of the soldiers, as they came frequently spoke of the negroes
into the city, presented an odd mix- as fit only for Africa,—would not
ture of the ludicrous and the piti- have one about their house. A
able. However, they were greet- Yankee housewife could not 'en-
ed with forbearance by the sol- dure'a colored servant. But now
diers and officers of the victorious the war had freed them, and they
army in occupation, and kindness were numerically stronger than
and respect by the citizens who the whites in Pulaski County.
had remained behind. The civil Months went on without any
officials, however, by indictments marked evidences of the great
against the most prominent, which change that had been wrought.
were dismissed with costs, and The negro servants were tractable
claims against their property un- as ever, and without words or con-
der void tax sales, caused them duct, except in particular instan-
some annoyance; but for this, it ces indicating undue exaltation,
of the Reconstruction Period in Arkansas.
went their ways in much the same were all prominent actors subse-
manner as when they were slaves. quently in the events of the Brooks
In fact they, as well as the whites, and Baxter War, took up their
seemed dazed, in view of the al- residence and entered into busi-
tered situation, so unexpected to ness there. I might mention 0.
every one. "There were soldiers S. Dillon, the fat man and humor-
about in great numbers, it is true, ist, and A. G. Cunningham, the
and quite an army still remained fireman, also.
at Little Rock, the presence of The old citizens had sustained
which may have prevented friction great financial losses, and almost
in the transformation that had ta- every family had been bereaved
ken place within a few short by the casualties of war, yet they
months.
acted as if realizing that these were
So profound seemed the peace- the legitimate or necessary conse-
fulness of this feeling, and so quences of the great wager that
bright was deemed the promise of had been fought, and that acqui-
the little city as a future railroad escence in its loss was inevitable
center, and mart of commerce, and honorable. The military rule
though then containing hardly under that chivalrous and brave
three thousand inhabitants, that officer, Gen. Steele, had greatly
many of the officers and soldiers propitiated the feelings of the
of the Union Army stationed there conquered people, and the cour-
decided to become residents and teous bearing of his officers, and
take their chances with the future the orderly conduct of the soldiers
of the city and the State. Col. H. under him had encouraged a cor-
C. Caldwell, a lawyer of ability diality in the association which
from Iowa, was appointed by Pres- was not seen at many places in the
ident Lincoln U. S. Judge of the South. The examples of mag-
Eastern District of Arkansas, vice nanimity set by the commanding
Daniel. Ringo, disqualified by officers in accepting the surrender
sympathy and participation with of the Southern armies, served to
the Southern revolt. Robert A. allay mutual resentments, and en-
Howard, who had served on the couraged hopes of a permanent
staff of Genl. Steele and been U. peace.
S. Attorney of Nebraska; Capt. L. True, for several months after
B. Nash, and Maj.White lately pro- the surrender, some of the best
vost marshals of the post; Maj. dwellings continued to be occu-
Willshire, a nephew of Gen. John pied as residences or 'quarters'
A. Logan; Capt. J. G. Bottsford, by the military, who had found
George H. Meade, Col. W. S. them vacated by their owners upon
Oliver and M. W. Benjamin, who the 'occupation of the city. The
Oliver and Meade, Col. W. : by the military,ce
The Brooks and Baxter War: a History
residence of Gen. William E. Ash- military band of General Price's
ley, with servants, houses and sta- command, the members of which
bles, was chosen from the first as had made their way to the city,
'headquarters' of the general serenaded Generals Sherman and
commanding, and continued to be Reynolds--the latter command-
so occupied for many months after ing the department-with ‘March-
peace was established. There was ing through Georgia,' and 'My
never a more generous or amiable Maryland.'
gentleman than William E. Ash- The conflict of the armies had
ley. His father was an able law- indeed ended. But the interval
yer and represented the State a of repose was short, for the war
long time as U. S. Senator. He of the politicians had just be-
left his sons a large estate which gun. The plans of the latter
he never dreamed would be in a were promptly laid immediately
great measure destroyed by his upon the entry of the State
own countrymen. They, the sons, capital by the army under Gen.
and their families, which included Steele, on the both of September,
Mrs. Ashley and Miss Fannie, the 1863. Being afforded the protec-
gentlest and loveliest of ladies, tion of the Union arms, they gath-
found a contented home, mean- ered into Little Rock, citizens of
while, elsewhere. The fine resi- the State, mostly original Union
dence of Capt. Morton, with its men, with some deserters from the
service, linen, and wares, was sim- Southern cause, and set about the
ilarly 'occupied,' and the family formation of a State Government
found a home with relatives. It which should be 'loyal' to the
was singular that the heads of Union, and replace that which had
both these families were originally been constructed under the aus-
Bostonians.
pices of secession upon the con-
Citizens were glad to find repose stitution of 1861. The plan was
after years of ravage and alarm; at first whispered, and received
combatants on both sides quite anything but encouragement from
willing to bid farewell to the the military. In fact the projec-
neighing steed and shrill trump' tors were contemplated with a
of war.
coldness by the victorious and
Entertainments were given to pampered sons of Mars, under
the officers of both armies by citi- whose ægis they had ventured to
zens who had suffered least misfor- follow in, with a coldness that
tune from this conflict. The post would have deterred men less
band serenaded Gen. N. Bedford zealous. But the tendency of
Forest, who happened in the city events, foreshadowing the inevita-
on business, and the Confederate ble defeat of the Confederate
of the Reconstruction Period in Arkansas.
cause, encouraged, and finally developed. Chosen mostly from
.sanctioned their purposes. Mr. military organizations of State
Lincoln, the President, was con- 'troops,' elected in the camps in
sulted, and favored them with a many instances, in almost every
proclamation.
case, I may say, many miles away
Appearances are deceitful. Un- from the counties they represent-
der the faded or dirty military ed, delegates were now assembled

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EX-GOV. ISAAC MURPHY.
clothing in which a majority of in the vacant State house to or-
these patriots were disguised, the ganize a convention for the adop-
mottled beards and sombre physi-. tion of a State Constitution. The
ognomies which most of them situation was not favorable to
wore, the beholder could not easi- protracted legislation. A consti-
ly discern the high qualities of tution was quickly framed, which
statecraft which they subsequently provided for an early meeting of
The Brooks and Baxter War: a History
a General Assembly—April 11th, Englander was not likely to over-
1864.
- look the elements of supremacy.
The changes produced had been It was the element of power in the
very great, beyond the expecta- negro that first made him an ob-
tions of men. Those that were to ject of interest. He was behind
follow were equally unforeseen. It an agricultural system the most
had not yet been intimated that powerful to wage war with mer-
suffrage would be conferred upon cantile and manufacturing thrift.
the freedmen. “Where was it Three-fifths of him were repre-
ever known,” said William Lloyd sented in the Congress and the
Garrison, in reply to someone electoral vote for President. Mr.
who objected that this would be President Johnson was plainly co-
the result of emancipation, and quetting for the support of this
vhile Mr. Lincoln hesitated to go power. His rivals had not yet be-
that far even, "where was it ever come alarmed. There were some
known that liberation from bond indications of an appreciation of
age was accompanied by a recog- this hidden resource in the open-
nition of political equality ? Chat- air meetings that were held of
tels personal may be instantly freedmen in Little Rock, at which
translated from the auction block Judge Liberty Bartlett presided,
into freemen; but when were they and Mr. Charles Farrelly was one
ever taken at the same time to the of the speakers. Judge Bartlett
ballot-box, and invested with all had made soap at Camden, in the
political rights and immunities? State, for the Confederate army,
According to the laws of develop- which accommodated itself as
ment and progress it is not prac- usual to the unprecedented scar-
ticable." So thought the prophet city. He was elected Judge of the
of abolition. But he had not Little Rock Circuit under the new
looked next door. Wilberforce Constitution. Mr. Farrelly had
before him had intended merely to enlisted as a volunteer in the Con-
consecrate the “soil of England to federate State milita, but declined
freedom," the quasi-freedom only to enter the Confederate regular
of, a British 'subject. In the En- service.
glish slave colonies, the chattel The new Constitution had re-
translated from the block into a frained from taking the translated
freeman, was very soon taken to chattel immediately to the ballot-
the ballot-box. New Englanders box. It confined its superior
were ever Anglo-maniacs. It was privileges to 'free white men.'
not reasonable that we would stop Section 21 of its bill of rights pro-
short of the example of the vided :
'Mother Country. The New “That the free white men of this State shall
of the Reconstruction Period in Arkansas.
have a right to keep and bear arms for their ence to the cause of the Confed-
common defense.”
eracy. He was a lawyer and a
The second section of its fourth man of ability and attainments.
article, regulating the qualifica- But it is said that the motto of
tions of electors, declared: audax et fides would not be appro-
66 Every free white male citizen of the United priate to his heraldic crest. He
States who shall have attained the age of 21 would have made an executive un-
years, and who shall have been a citizen of the der the new constitution who
State six months next preceding the election, might have held the position to the
shall be deemed qualified to vote in the county end of his term, by skillful modi-
or district where he actually resides; or in fications to meet the changing de-
case of volunteer soldiers, within their several mands. He underestimated the
military departments or districts, for each and advantages of the position, and
every office made elective under the State or gave evidence of an ambition for
under the United States laws."
the more dignified office of U. S.
It provided for the election of a Senator. Congress not being ready
Governor and Secretary of State, for the admission of the State, re-
for a term of four years, and an fused to receive him as such.
Auditor and Treasurer, for a term Isaac Murphy, of Madison Co.,
of two years. An ordinance of was elected Governor. This was
the convention authorized a Pro- considered an eminently proper
visional State Government, and a selection. He was the delegate
Provisional Governor, Lieutenant- from the mountain district, on the
Governor, and Secretary of State, Missouri border, who, Spartan-
to be elected by the convention, like, had stood firm in the conven-
and continue in office until their tion that passed the ordinance of
successors were elected by the secession in 1861, and refused to
people.
vote for that measure. A solitary
None of the ordinances or pro figure among the hundred dele-
ceedings of the convention seem gates, he raised his voice in protest
to betray the touch of Mr. Wm. against this gross political heresy.
M. Fishback, whose official apart- To the appeals of the President
ments as officer of the Treasury of the convention, his old neigh-
Department were in the old Beebe bor and party chieftain--and of
residence, opposite the State his former fellow union-men
house. Mr. Fishback had been a that he consent to make the
delegate to the convention of 1861; vote unanimous, he remained ob-
had voted for the ordinance of se durate. He was not a learned
cession, against his convictions, or gifted man, but his course on
and he took an early opportunity that eventful day caused him to be
to renounce his short-lived adher- remembered as a man of heroic
10
The Brooks and Baxter War: a History
firmness and fidelity to his pledg- ruin upon the country?" He used
es and to the Union. What he to say it was a good thing that it
said and what else he did were for- had gone out of fashion to hang
gotten, and that bold stand, alone, men for treason. I ventured to
had made him illustrious. Rather suggest to him that there should
slender of form, gray-haired and be trial and conviction before
partly bald, with weak eyes that hanging. .
wept involuntarily, he made a brief “Yes,” he said, “I know the
explanation which was barely lawyers would want to make long
heard, but he stoutly voted No! to speeches and confuse judges and
the last, and that vote now made juries with their rules and prece
him Governor; at first chosen Pro- dents, to show that red-handed
visional Governor, and then, at traitors had not committed any
such elections as were held, Gov- crime for which they could be
ernor. After he took possession punished.”
of the executive office, I had occa- “But law is founded upon pre-
sion more than once to talk with cedent," I said, humbly.
Governor Murphy, after the col- “It should not be so," he said.
lapse of the Confederacy, and the “If I had my way, I would burn
recognition of President Lincoln up all the court reports, have no
had made his position authorita- reading of authorities, but let ev-
tive under the new powers and in- ery case come before the court
fluence conceded to the victorious upon its own peculiar circumstan- .
general government. Approach- ces."
able, talkative, and kind, his ap “But Govenor —” I began.
pearance yet caused a feeling of “But me no buts,” he interposed;
sadness to the beholder. His tear- “I know that you are a rebel
ful eyes, attenuated features and sympathizer, and wish to excuse
plaintive tones made one think some relative who ought to be
that he must have undergone some hung for raising his hand against
experiences of training or grief the 'best government the world
that had wasted him to the skele- ever saw.'"
ton, mentally and physically, of And so the old delegate, who
what otherwise he might have voted “no," went about and was
been. His conversation was also regarded the embodiment of loy-
unusual and eccentric. He had alty and licensed contemner of his
no hesitation in asking any strang fellow men who had been beguiled
er who called upon him, in a kind into taking up arms in behalf of
or deprecatory manner, it is true, the 'lost cause.'
if he “was one of those wicked One day, I was present when
rebels who had helped to bring Hon. A. H. Garland called on him.
of the Reconstruction Period in Arkansas.
II
Mr. Garland had served with him he had a great respect for his old
in the Convention of 1861, had colleague who had also opposed
been selected member of the Con- secession. “Why do you come
federate Provisional Congress and to me to recommend Judge Wal-
afterwards Senator for Arkansas ker? Judge Walker need not
ticing law through his partners, gone so actively into the support
Messrs. White and Nash, ex- of the rebel cause. He was old
Federal officers, mentioned above, enough to know better, and to stay
although, at the time, he was dis- at home. This is asking a great
barred by an act of Congress which deal of me.”
was subsequently annulled by the “Very well, sir," replied Mr.
U. S. Supreme Court on his pe- Garland, rolling up the paper with
tition. He had come to ask the an expression of severe reserve:
Governor to append his signature “No one knows Judge Walker
to a recommendation to President better than yourself; no one could,
Johnson for the pardon of Judge better than yourself, understand
David Walker, who had been his motives and make allowances
President of the Convention of for his course." And he turned
1861, and afterwards espoused as if to go.
heartily the Southern cause, and “Hold on, Garland, don't go!"
presided over a military court to exclaimed the Governor'; for his
try offenders against the military visitor knew where to touch him,
laws of the Confederacy.
and had done so most effectually.
“Sit down, Garland,” said the “Hand me that paper again, and
old gentleman, glancing at the pa- let me see what it says."
per with an ominous expression of He pretended for several min-
displeasure. But he brightened utes to be engaged in reading it,
up as he met the light of Garland's though I knew he could not make
large, dancing, black eyes, con- out a word, if it was written in Mr.
templated the immense head of Garland's delicate hieroglyphics;
unkempt hair, the rather sensual and then laying it on the table he
lips puckered with suppressed asked:
mirth, as Garland took a seat draw. “Where must I sign? You
ing his rough tweed overcoat know, Mr. Garland, that the Gov-
about him.
ernment must do something to
Mr. Garland laid the paper open prevent another rebellion! Now
before him on the table, and sta- pardoning the head leaders is a
ted its object.
bad way to begin.”
“Now, Garland,” said the Gov- Mr. Garland remained silent with
ernor, in a more amiable tone, for a demure expression, until the
I 2
The Brooks and Baxter War: a History
go:
Governor had signed the applica- appointed and deeply humiliated
tion; then throwing off his reserve by their terrible defeat and its con-
he told an anecdote vaguely illus- sequences. While they were in
trating the reward of kindness and the army as soldiers, or in exile
liberality; and ended with a quo- as refugees from their homes, the
tation of some words of a comic Legislature, under the new State
rhyme, of which I have a dim re- government, on May 31st, 1864
membrance. It was something (fully a year before the surren-
about a certain
der'), had passed the act, entitled
Mr. Terrence McGe-hee,
“ An act to suspend the collection
A very fine man was he-hee,
of debts, and for other purposes,"
Who sometimes got on a big spree-hee," etc. which contained, in section five of
At this the Governor laughed the act, the following:
dubiously. When Mr. Garland
" Be it further enacted, That any person
had gone down stairs, the Govern-
hereafter aiding or abetting the rebellion, or
or said to me, just before admit-
that has or shall hereafter violate his oath of
ting another visitor, as I rose to allegiance, and all persons who are now in
arms, and all rebels in prison by the federal
“That is a very bright man
that man Garland. What a pity doned their homes, and have fled, and have
he is a lawyer!”
taken protection under the so-called Southern
I did not think Governor Mur-
Confederacy, shall forever be barred from the
phy really meant the half that he
collection of their debts in this State, of every
uttered in denunciation of the
description whatsoever, and all courts having
'rebels. He had not in any way
to dismiss said suits whenever such proof is
suffered by the results of the con-
made, at the plaintiff's cost.”
flict. On the contrary, he and his
fellow officials had been elevated It will hardiy be imagined that
into positions of profit and power it should ever have occurred un-
by it. Yet it would seem that he der this unjust law, that returning
but declared the spirit which per- 'rebels' themselves, would have
vaded all the laws and measures assigned to ostensible loyalists'
of the new State Government. negotiable instruments of other
The predominant idea seemed to 'rebels,' and through their loyal’
be proscription and punishment agents obtained judgments against
of the rebels.' Though they were their compatriots in rebellion who
objects now worthy, it would seem, had not yet returned from distant
of compassion only. They were fields of service. Yet I knew of
miserably poor and in debt. There several instances. The impatient
were few of them that were not creditor was not, however, in any
sorrow stricken. They were dis- instance a combatant. I don't
of the Reconstruction Period in Arkansas.
13
think a soldier would have done it. bridge. Any important change in
“The bravest are the tenderest: the loving
an orderly design leads to others
are the daring."
that could not be anticipated. If
I was impressed with the idea the persons in charge, had permit-
when I saw this law published in ted returning rebels to vote with-
Dr. Meador's loval newspaper, out restriction, as provided in their
called “The National Demo constitution, the rebels, in the ex-
crat," that it was an improvement ercise of free election, would have

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114
EX -GOV. ELISHA BAXTER.
on the code of Judge Lynch, chosen other men to represent
whose proceeding was to catch an them. The power of the new
offender before hanging him. It men' would have been brief.
was directly in the teeth of the Yet no 'free' election,-no free
new 'bill of rights. It is not to government. It was a tangled
be forgotten that these state-ma- skein. We are not to wonder that
kers had some knotty questions it was hard to unravel. The new
to solve and difficult situations to officials were novices in the art of
14
The Brooks and Baxter War: a History
1
law-making. They had never It was a time of mockery and mas-
pondered upon the principles in- querade. Its exhibitions were gro-
volved, for want of opportunity. tesque beyond any similar festival
Perhaps it never occured to them since the grim phantasm of the
that study was required. So they French Revolution, 1793, when
folded up their 'Constitution,' and Robespierre perfected the work-
in violation of its provisions pro- ing of the guillotine for his own
ceeded to enact an election law execution.
as follows:
The only newspaper published
at the capital was issued from the
“Sec. 6. Be it further enacted: That
each voter shall before depositing his vote at
office of Mr. J. D. Butler. He
any election in this State take an oath that he
had not participated in the rebell-
will support the Constitution of the United ion or favored secession. His pa-
States and of this State, and that he has not per had been issued as a mere ad-
voluntarily borne arms against the United vertising sheet, and circulated free
States, or this State, nor aided directly or in- of charge among the business
directly the so-called Confederate authorities, men of the city. But it began to
since the 18th day of April 1864; said oath to come out in the summer of 1860
be administered by one of the election offi-
with editorial articles pointing out
cers, and this act to take effect from and after
these inconsistencies and the un-
its passage.”
constitutionality of the laws which
The act was approved May 31st, had been enacted by the recent
1864. Its intention was to disfran- legislature. Its circulation was
chise the great body of the 'reb- rapidly extended; its advertise-
els. They were then in camp, ments increased, and it met with
standing to their colors, faithful in ready sale on the streets. It grew
the hour and article of dissolution daily more severe in its criticisms
to their dying Confederacy. As and more tentative in its appeals
men of honor and courage, they for equal rights. It was called
could not have been otherwise. The Pantagraph, and was printed
Their position no one could fail in the block nearly opposite the
to understand or admire, friend or State-house.
foe. There must have been a “Those devils that are running
strong motive in the framers of that paper, over there," Governor
the law, to cause them to extend Murphy used to say, "are trying
an invitation which was merely to revive the rebellion. They will
tantalizing. It resembles the de-' never be satisfied until they are
vices of ancient humorists who de closed up, and their types are
lighted to trifle with the most seri- thrown into the river, or they cause
ous emotions of their victims. The somebody to be hung!”
hour was the carnival of the war. He sent over and obtained the
unt
of the Reconstruction Period in Arkansas.
15
first copy that was issued from the
press regularly every day, and as
his nerves were unsteady, would
seem to seize it with trembling
hands. It was a source of un-
doubted annoyance to him. One
day it contained a short paragraph
charging him with unbecoming
bias in refusing to recommend the
pardon of Grandison D. Royston,
by the President, when he had so
lately signed the recommendation
of Judge David Walker, the chief
of 'rebels.' Gen. Royston was an
old resident of Hempstead County,
which had been the home of Mr.
Garland, but was an 'original' se-
cessionist.
“Well, how do the devils of that
newspaper obtain their informa-
tion of what goes on in my
office ?” he asked of me, one day.
“Do the writers for it come spy-
ing through the State house, or
are they employed in the Post
office? It seems to me that I can-
not write a letter that they do not
find out its contents.” The Gov-
ernor was rather jealous of the
Federal officials.
On the 7th day of September,
1865, the paper came out with an
article entitled "A Crime Against
the People of the South.” It
started out by asserting that:
The men who, by legislative enactments,
have undertaken to withhold indiscriminately
from the Southern people engaged in re-
bellion, the sacred right of franchise, premedi-
tate a great crime against those people. A
large majority of the people of Arkansas re-
mained loyal to the Government until over-
come by the overwhelming power of secession
which brought all civil and military authority
to perfect submission. When we reflect that
in a most trying moment they were abandoned
by the United States Government, and no less
a person than Mr. William H. Seward is heard
saying on the floor of the Senate: “I have
such faith in this republican system of ours
that there is no political good which I desire
that I am not content to seek through the
peaceful terms of administration," which was
reasonably construed as a pledge to sustain
Mr. Buchanan's policy—“not to coerce a
State.” He also very plainly intimated that
Sumter would be evacuated, and actually
ordered the withdrawal of the Powhatan, the
vessel ordered to relieve Sumter. Even Gen.
Scott wrote: “Let our erring sisters depart
in peace.” Mr. Chase said: “Let the South
go. It is not worth fighting for.” Mr. Holt,
while Postmaster-General in 1860, had writ-
ten: “These liberty bills which degrade the
statute books of scme of the free States, are
confessedly a shameless violation of the fed-
eral constitution in a point vital to the coun-
try's honor. If the free States will sweep the
liberty bills from their codes, propose a con-
vention of the States, and offer guarantees
which will afford the same repose and safety
to Southern homes and property enjoyed by
those at the North, the impending tragedy
may be averted, but not otherwise.” Edwin
M. Stanton told A. G. Brown, of Missis-
sippi, that he (Brown) “was right; it was the
only course to save the South. He must keep
his constituents up to it.”
The newspaper then came to the
obvious purpose of the article,
when it concluded:
The venerable person who now exercises
the functions of Governor of the State of Ar-
kansas, though he voted against the ordinance
of secession in compliance with instructions,
16
The Brooks and Baxter War: a History
as he explained, was nevertheless the first being read approvingly by the peo-
mover of a resolution in that convention when ple. The writer of the article, who
it reassembled at the call of President Walker
was not generally known as its au-
for taking action in view of the invasion of
thor, I learned afterwards had sent
the South by the armies called out by Presi-
it to the press from a sick room.
dent Lincoln. That resolution was for “re-
quiring the committee on military affairs to
When the publisher and his men
prepare and report a plan for the organization
came to the office early the next
and arming of the State, and tu report the
morning, they found it closed, and
same as soon as practicable, and to put the the press in the hands of United
whole population on a war footing as speedily States soldiers. The paper had
as possible.” The journal of the convention been suppressed! A sergeant of
containing this resolution is in our possession, infantry and sentinels stood guard
and can be seen by any one who may so de- over the office of The Pantagraph,
sire. He also voted for representatives to by order of Maj. Gen. Reynolds.
represent the State in the “Rebel Congress.”
in command of the Department of
When he voted against the ordinance of se-
the Southwest.
cession, he declared before the convention
Now, what was there in the ar-
that he did not so vote because he was not a
rebel; that he was a rebel, and while he did
ticle that invited the forcible sup-
not believe in the doctrine of secession, he pression of the paper by the Uni-
would, as a rebel, be found battling for the ted States authorities? The fact
independence of the South as long as he had of the military seizure of the press
a hand to raise in her defense. Is it strange caused the paper to be sought for
that a people led by such guides should go and read by hundreds who had
astray? Is it not strange that the leaders who overlooked the offending article.
misled and then abandoned them should now When they had read it over and
wish to punish them? The people did not go
over again, they still wondered
until they were led. They did not return until
what there was in it that called
they were invited. Now they have returned,
for the suppression of the paper.
they are told they must be punished. It is a
There was, however, one who very
great crime against these people to be so used.
The retribution of heaven will be visited ulti-.
well knew ;-the writer of the ar-
mately upon its perpetrators.
ticle. He had not yet recovered
from the effects of a malarial fever.
This was the article. I kept a It was the sultry season in Little
scrap of it because of the events Rock. The heat and miasma were
that followed its publication. The perceptible as they arose in undu-
publisher and his employés went lations from the steaming earth.
to their homes that night as if The publisher, greatly excited by
nothing had happened. They were the event of military interference
pleased to see that the paper was with the ‘liberty of the press,'
of the Reconstruction Period in Arkansas.
17
frightened, and yet rather gratified rooms, in the Ringo dwelling, to
to be an actor in a sensation-vis- the General's headquarters in the
ited the writer and gave him his Ashley mansion. Very quiet and
impressions of the condition of af- cool seemed the wide hall up
fairs.
stairs as he and the publisher
There was consternation among waited a response to the card they
the old politicians who preferred had sent in. The General came,
wily, secret methods. There was bareheaded, in undress uniform,
alarm among the people who had into the hall where they were
just returned from exile. They alone, and bade them take seats.
beheld for the first time the pow He had the obnoxious article
er of the 'mailed hand.
rolled over a thin book or card-
Mr. Butler, the publisher, did board, and sat down holding it in
not exhibit any personal fear of the his left hand, and with a pencil in
consequences. He had not taken his right, as if to point out the
part in the hostilities, but had re- most objectionable features. He
mained in the city. He seemed looked the college professor to per-
to feel a genuine alarm for the fection. “Now,” he began, with an
safety of the writer of the article, expression of much severity, "you
who assured him on learning that have here printed an article, on the
Gen. Reynolds was a graduate of heels of a great rebellion, which
West Point and had been a college reproaches the officers of the Gov-
professor, that as soon as he could ernment with the perpetration of
go to see the General he would a great crime! And I am told,
explain the article. He was satis- Mr. Harrell, that you have been a
fied that if the General was a man soldier in that rebellion against
of letters and of liberal informa- the Government."
tion, the explanation would be“Give me only five minutes,
accepted.
General,” replied the writer of the
“Don't think of it," said the article, "and if I do not explain to
publisher. “He will order you you that the cause of offense is
out of the department. He has not against the officers of the
said he would order the author of Governmet, but against those who
the article out of the department.” are imposing upon them, I will
For a week the sentinels were submit to any decision you may
mounted and relieved in front of render."
the entrance to the printing house “Very well,” replied the Gen-
of the Pantagraph, and its presses eral, coldly, "I will hear you.
were silent. At the end of a week Proceed."
the writer of the article was able Then the writer took from the
to dress and walk down from his chair beside him a printed vol-
18
The Brooks and Baxter War: a History
ume, entitled “Journal of the By the publication of that article
Convention of 1861," and stating he saw that he was about to be
what it was, opened at the pages unmasked. The first part of the
which he had turned down, and article, he knows, was merely
read the following, dated the 6th leading up to the mention of his
of May, 1861:
part in the performances of 1861.
“Mr. Murphy (who was the The threatened exposure exasper-
delegate for Madison County, and ates him. He interprets the arti-
now the Governor of this State) cle to you in person, or through
offered the following resolution, his agencies, as intending to chal-
which was adopted :
lenge the authority of the United
Resolved, That in view of the danger that
States, which he counseled the
States, which
surrounds the Southern States, it becomes the people to resist in former days.
State of Arkansas to put the whole population He has thus influenced you to in-
on a war footing as speedily as possible; the terpose your power, as commander
committee on military affairs are therefore in- of the military, to stop the publi-
structed to prepare and report a plan for the cation of the record he cannot
efficient organization and arming of the State, deny. He must have feared the
and report the same as soon as practicable." results of his action, for in another
“While that article does not resolution he proposed that the
contain one misstatement of fact, proceedings of the convention
it makes no protest against the should be secret. None of us feel
authority of the United States. It any personal animosity for him.
makes no unauthorized criticism We merely protest against the
of any one. It is a protest against measures of his administration."
the denial of the constitutional “Give me the book," said the Gen-
right of the citizens of this State eral. “Your article was undoubted-
to vote.
ly misinterpreted by me," he said,
“You cannot fail to see, Gen- after a quick but close inspection
eral, that Mr. Murphy, who ac- of the book. “Return to your
cepts great commendation for his paper, and say in it, if you please,
persistent loyalty in voting against that I approve it fully, and am
the ordinance of secession, was under obligations for the informa-
then very far from being the loyal tions it contains. I will order the
patriot he is now regarded. The guard withdrawn from your press.
article offends him because it con- If there are other records that
tains an allusion to the resolution will afford information proper to
offered by him in the convention be known by the people, publish
of 1861, to put the population of it. I will take care that you are
this State on a war footing against not molested.”
the authority of the United States. He gave each of his visitors his
of the Reconstruction Period in Arkansas.
19
hand as he arose from his seat,
among them, who preferred the
tired to his room. They went Arnold.
down the stairs with lighter steps The editorial article proceeded
than they came up them, and to aver, that there were examples,
going up the street, quietly took a and very high authority, to justify
look at the unconscious sentinel secession, and sanction the name
walking up and down in front of of 'secessionist,' which, was pre-
the printing house.
ferred by some who maintained
the right of the Southern States to
withdraw from the Union. Only
such examples would be cited as
SECOND PAPER.
were afforded by the action of the
“ Woo'd and married and a'-
New England States, and such
Married and woo'd and a'!
authority as an old Federalist and
And was she sae very weel off
Whig would endorse and venerate.
That was woo'd and married and a'?”. Timothy Pickering, Senator
-Alexander Ross.
of Massachusetts, had written in
1804, that “A Northern Confed-
The paper was issued the next eracy would unite congenial char-
day, with a report of the visit to acters, and present a fairer pros-
headquarters, and the interview pect of public happiness. The
with General Reynolds. Its lead separation must begin in Massa-
ing editorial was in a tone of chusetts."
temperate exultation at the result Josiah Quincy, also a Senator
of an understanding with the mili- of that State, declared in his
tary authorities, spiced with some speech on the admission of Loui-
good-humored gibes at the civili- siana: “If the bill passes, it is
ans. It announced that if it my deliberate opinion, that it is
should hereafter refer to the Gov- virtually a dissolution of the
ernor as the venerable 'rebel,'' Union; that it will free the States
who exercised the executive func- from their moral obligation; and
tions, it hoped no offense would as it will be the right of all-it
be taken, as he had assumed the will be the duty of some-to pre-
name himself in preference to that pare for separation; amicably, if
of secessionist, reminding him that they can; violently, if they must.”
the fifty-four signers of the Decla George Cabot, also a Senator of
ration of Independence-Wash- the same State, wrote from Wash-
ington and his Generals, and the ington in 1803: “I will rather
army of '76—were contented to anticipate a new Confederacy,
be so called, and the only one exempt from the corrupt and cor-
20
The Brooks and Baxter War: a History
rupting influence of the Demo- effect that part of the Constitu-
crats of the South."
tion which respects the restoration
Delegates to a Convention of of fugitive slaves, and Congress
New England States at Hartford, provides no remedy, the South
Connecticut, in 1814, adopted a would no longer be bound to ob-
memorial which contained, among serve the compact. A bargain
many similar, such sentences as cannot be broken on the one side
these: “Some new form of Con and still bind the other side."
federacy should be substituted And Henry Clay said in the
among these States,-a seperation Senate in 1839: “The Aboli-
by equitable arrangement will be tionists, let me suppose, succeed
preferable to an alliance, by con- in their present aim of uniting the
straint, among nominal friends.” inhabitants of the free States as
And, in 1844, the Legislature of one man against the inhabitants
Massachusetts adopted resolutions of the slave States, a virtual disso-
which concluded with the avowal, lution of the Union will have
that “The project of the annexa- taken place, while the forms of its
tion of Texas, unless arrested on existence only remain. And if
the threshold, may tend to drive the Abolitionists were to conquer,
these States into a dissolution of whom would they conquer ? A
the Union.”
foreign foe? No sir! It must be
Among the great names quoted a conquest without laurels, a con-
as authority for the course of the quest of brothers over brothers,
South, was that of President Wil- of common ancestors who had
liam Henry Harrison, who said in nobly pledged their lives, their
his inaugural address, approved fortunes and their sacred honor to
by his Secretary of State, Daniel establish the independence of these
Webster, in 1841: “The attempt States."
of citizens of one State to control The editorial article added:
the domestic institutions of an- The only sin of the South was,
other, is a certain harbinger of dis- that she delayed too long. She
union and civil war. Dur Con- hesitated, and was lost. We suc-
federacy is perfectly illustrated by cumb to the power of superior ar-
the terms and principles of a com- mament and numbers; but refuse
mon partnership." :
to confess to the charges of trea-
President Fillmore said, in a son, rebellion and perjury, when
speech at Capon Springs, Va., in we did not commit them. Rather
1854; “I have not hesitated to let those who violated and an-
say and I repeat, that, if the nulled the Constitution and in-
Northern States refuse, wilfully vaded sister States, apply the epi-
and deliberately, to carry into thets to themselves.
of the Reconstruction Period in Arkansas.
21
<1
This seemed to me to be an passed and approved to pay the
audacious article, and certain to military staff of the Governor,
invite the final closing of the who were placed very high in
printing office; but there was no rank, in time of peace, provided
further interference. Perhaps that they might demand and “re-
there was a medicinal placebo in ceive the same pay and allowance
its concluding paragraph :
as officers of the same grade in
“That there is a class in the United States
the United States Army,” and
the United States
and in the State of Arkansas, to whom the required also, “that the Adjutant-
idea of a restoration of peace is repugnant, General of the State be paid from
cannot be disputed. But in this class, we the time he entered upon his du-
are happy to say, cannot be numbered the ties." This act was republished
officers and soldiers of the army of the United with sarcastic comments.
States. This we lay down as a rule, to which T he Adiutant-General was a
there are exceptions. So true it is, the world
gentleman from Buffalo, New
over, that the brave are generous, forgiving, Vorlea relentless partisan and
magnanimous.
deemed himself a missionary of
“We ask the citizens of Little Rock if our
manners and refinement, as well as
assertions are not borne out by their expe-
of political reform to the rebel
rience? Who is there among them can com-
plain of intolerance, injustice, or injury, to be
barbarians. He had attached
avoided in his situation by Maj. Gen. Frede-
himself to the illustrious Delegate
rick Steele? We have never heard a com-
of the Secession Convention when
plaint against his successor, but have personal Gen. Herron, after the battle of
knowledge of many instances of his cour- Prairie Grove, had entered and
tesy and forbearance. And the private sol- overrun the counties on the north-
diery, the citizens are in justice bound to ern border.
concede that their considerate conduct under Adjutant-General Bishop was of
all circumstances; their manly bearing in the a literary turn, and had published
absence of official restraint, when it has been "A History of the Loval Heroes
in their power to insult and oppress, is worthy of Northwest Arkansas" which
of the highest encomium.”
contained a free sketch of the
Against the civilians, remon- sacrifices and services of the faith-
strance and caricature, were alter- ful member from Madison County.
nately employed. The people The pages of this little book were
read with increasing interest; the further embellished with highly
military were diverted; but the colored matter that had been
civilians raged. The records ruthlessly imposed upon the en-
that the latter had made were thusiastic author. He it was
cited to sustain every impeach- doubtless, who procured the pass-
ment against them. For example, age of an act which bears a re-
the act of the late Legislature semblance to his mincing style of
22
The Brooks and Baxter War: a History
writing and 'bloody conclusions, ous manner' of wearing them
and which prescribed an unusual would be to sew them on their
decoration to be worn by his backs.
militiamen, as follows:
One of the measures of the late
Legislature was criticised with
“All State Militia, provided for in this act,
the gravity it deserved. From the
shall wear as a mark of distinction and for
time it was adopted it had failed
the purpose of being recognized at a distance,
a band of red cloth, three inches in width, to be
to receive the approval of the
worn on their hats, or in the most conspicuous Commanding General, and proved
manner. And every person found wearing a dead letter; while it remained on
said mark of distinction, who does not belong record to show the inclination
to said militia, or to the Federal Army, shall, which prompted it. It was a con-
by sentence of military authority, suffer death." current resolution of the General-
The General wore the ‘mark Governor's approval and was as
of distinction' conspicuously in follows:
the lapel of his coat, in the form Whereas, There are living within the
of a scarlet ribbon. He was tall Federal lines in the district of Little Rock,
and willowy,' had a down cury- two thousand refugees, citizens of the State,
ing length of nose, narrow fore- who have been driven from their homes by
head and short chin almost hidden
the outrages and violence of rebel armies
by an enormous mustache. He
and bands of guerillas who infest different
wore the hair of a diminutive
parts of the State,
head in long tresses, which waved
And whereas, The property-holders, who
have encouraged and now sympathize with
gracefully to his undulating move-
the rebels, are in whole responsible for the
ments with which he picked his
existence of the rebellion, and there are now
way, when walking the thorough residing in Little Rock many of the families
fares with elastic step. He had of such rebels and sympathizers, being easily
no cause during his term, so and comfortably in the possession and enjoy-
peaceful was the time, for calling ment of their property, while the refugees are
out his men; but in person he re. suffering all the horrors of disease and famine
mained near his illustrious chief brought upon them by these rebel citizens and
in the hour of his greatness, and
their aiders and abettors in the rebel army
drew salary, or pay and allow-
and guerillas,
ances, with military promptitude.
“ Therefore be it Resolved by the General
The paper quoted the clause of
Assembly of the State of Arkansas: That
the act and urged the 'Red-raga-
the General, commanding the Department, be
Murfians' to put on their marks
requested to appoint five men of unquestion-
able loyalty to make an assessment of
of distinction, and suggested
dollars upon the property of the disloyal and
that if they should be called on
their sympathizers, having due regard to the
of the Reconstruction Period in Arkansas.
sion shall have the right to decide the ques. Feeling secure from any attempt
tion of loyalty upon proof presented to of the State authorities to carry
them; and this tax shall be collected and dis-
out these or similar oppressions,
bursed under such regulations as said General because of the military protection
or Commission may judge best.” .
of which, now, they felt assured,
This was to be a Commission the people, or some of them, were
invested with rare powers. It was encouraged to meet in county con-
to be authorized by the sword, ventions and send delegates to a
was to levy, assess and collect State convention of the people,'
taxes, without limit, and judicially for the purpose of entering a pro-
determine upon such 'proof' as test against disfranchisement,
they might choose to hear, or re- ‘taxation without representation'
ceive, who were the 'disloyal' to and petitions of some power for
be made victims; having no re- relief from their varied evils. Some
gard to anything but the wealth timid persons besought the paper
of the parties.'
not to take the risk of calling such
I was 'a sympathizer' with the a convention. But there was to
Confederates, because I could not be an election for county officers
help it. The ties of friendships and members of the Legislature on
suppose; but whatever the influ- and if the people should be free
ence, I could not resist it. I had to vote in that election, they would
some houses in the city that were elect their own representatives,
paying rents, and I had impecuni- who might be relied upon to pass
ous and envious neighbors who laws for the general safety and
would have readily testified to prosperity. A call for a conven-
anything before such a Commis- tion was decided upon, and made
sion, in order to get my houses, by a small county meeting of
or the rent of them free, or for which William Miller, afterwards
pay given them by others with Governor, was president, and J.
such designs; and I had no hopes M. Harrell, secretary. It was to
that the five Commissioners, who be held at Little Rock, December
might be as impecunious, or more 12th, 1865. The object, as an-
grasping, thus authorized, would nounced in the call, was for the
find any difficulty in discerning purpose of organizing a People's
my true inwardness. It was dis- Party, which should favor the
tressing and alarming to behold maintenance of the constitution-
the fear created by this measure State and Federal—and the re-
at the time it was adopted. Many storation of peace and a republi-
sympathizers ceased to sympa can form of government for the
thize.
State of Arkansas.
24
The Brooks and Baxter War: a History
The authors believed, that un- was dignified and appealingly elo-
der the constitution, none but freequent. Dr. Gibson was a prac-
white men could become qualified ticing physician, a life-long citi-
. electors. As the constitution of zen, universally respected, had
the United States then existed served the county more than once
with the Thirteenth Article of in the Legislature of the State and
Amendments abolishing slavery was an eloquent and accomplished
added, none but free, white men orator. He was of portly person,
could become naturalized citizens. with a countenance that beamed
Mongolians, Indians, Africans or with intelligence and good humor.
their descendants were excluded. It was evident that his remarks
The convention met according produced upon the two generals
to call in Robbin's old theater, on a favorable impression.
Main street. It was understood At the conclusion of his speech
that Gen. T. W. Sherman would he introduced Gen. Sherman, who
be present at the convention and was in uniform, and who pro-
citizens, induced by curiosity to ceeded to address the large audi-
see him, added greatly to the ence that filled every part of the
small number of delegates who the theater. His speech was re-
had come up from the counties. ported by the Little Rock Gazette,
Dr. Lorenzo Gibson, of Little whose then owner, Mr. Holtzman,
Rock, was chosen president, and was present, although he took no
a number of secretaries appointed.
A committee was designated to taken sides with the Union. I
notify Generals Sherman and Rey- take the report of Gen. Sherman's
nolds that the convention was speech from the Gazette, as it was
ready to receive them. The com- copied into the St. Louis Republi-
mittee attended them in an open can of the 14th December, which
carriage drawn by four horses I saved in a clipping:
from the Morton residence, where
SPEECH OF GEN. SHERMAN IN LITTLE ROCK
Gen. Reynolds was residing, to
the hall of the convention, where
Gen. Sherman attended the People's Con-
they were assigned to seats on the
vention held at Little Rock on the 12th inst.
The Little Rock Gazette gives us the sub-
stage. The large concourse of
stance of his remarks on that occasion :
people who had gathered through
curiosity, filled the hall and min-
He commenced by saying, that the object
of the convention had been fully set forth by
gled with the delegates, so that
the president, and as stated by him, it is not
'the convention' seemed to be a
expected or desired, either for himself or any
numerous and intelligent body. other military officer, to engage in political
The president of the convention discussion. It was his duty to obey the laws
delivered an opening address that of the country; and that America was the
of the Reconstruction Period in Arkansas.
25
only country in which law governed, and the
law was his God.
He knew nothing of the authority by which
the present convention was called, nor did he
care to know. But the people in each neigh-
borhood and county and State had the right
to meet together and consult as to the best
means of advancing their interests and the in-
terest of their respective States.
He thought that the duty of the hour was,
not to engage in political discussions; but for
each and every man to go to work. We
wanted elbow grease. He said that Arkansas
was behind most of her sister states because
she had not adopted heretofore any system of
internal improvements to lead to the develope-
ment of her vast resources.(*) * *
The delegates of the convention, he said,
ought to be sure they are representing the
people and sentiments of the counties from
which they come. He knew the Southern
people, and he had yet to see any high-toned
Southern man, who would willingly or inten-
tionally misrepresent himself to obtain pre-
ferment or place.
Don't be in a hurry; bide your time; help
build up your country and never mind about
voting. He thought that in time all would
work well. He believed all were now in favor
of peace; every one desired it; and there was
peace. There should be peace, and it was
the duty and the pleasure of Gen. Reynolds to
receive and hear from each individual of the
convention, or of the State, any and all griev-
ances; and they would do all in their power
to aid and assist the people in their efforts.
He believed that if proper representations
sentations
were made in a respectful manner, and they
were of such a character as required execu-
tive interference, that President Johnson, or
even Congress, would give the matter their
attention, and without delay rectify the evils
of which they complained.
At the conclusion of the speech, Gen. Rey-
nolds made also a few remarks which were
timely and well received.
So kindly and bluntly spoke the
hero of the “March to the Sea ;''
a hard-hitter in battle, but a mag-
nanimous victor, whose conven-
tion with Gen. Johnston for the
latter's surrender was too liberal
for the Secretary of War, and was
disapproved by him, for which the
sturdy soldier refused to shake
hands with him on the platform in
front of the White House, where
Sherman was the hero of the day,
in the last review of his grand
army.
It was evident from his speech,
that some one had sought to dis-
parage the convention, but in vain.
If the people had grievances, he
believed the President or even
Congress would relieve them with-
out delay.. His attendance and
utterances before the convention
caused a profound impression.
They were like air and sunshine to
a prison-house. It encouraged even
the rulers to be less proscriptive.
It gave assurances of peace and
security.
When the president of the con-
vention had appointed some com-
mittees, the assembly took a re-
cess and delegates conversed with
the two officers for a few minutes
prior to their departure from the
hall.
(*) What he said here in comparison be-
tween Arkansas and Missouri, and his refer-
unces to the States of South America omitted.
The Brooks and Baxter War: a History
The Supreme Court of the State peared. Judge Yonley was a Vir-
was then composed of T. D. W. ginian, and had removed to Little
Yonley, Supreme Justice, and Rock in 1859.
Elisha Baxter and C. A. Harper Judge Baxter came from North

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GENERAL W. T. SHERMAN.
Associate Justices. The two for- Carolina and settled at Batesville,
mer were actual citizens; the in 1852, where he was a merchant,
third had appeared in the State at first, and then studied law. He
suddenly and as suddenly disap- represented Independence county
of the Reconstruction Period in Arkansas.
wice in the State was a Whig in. In the heat of the avowed himsely
twice in the State Legislature be- self-reliant and aspiring; frank and
fore the war. He was a Whig in manly, and rapidly made friends.
politics and sided with the Union. In the heat of the political discus-
Captured in Missouri, in 1863, by sions of 1860, he avowed himself
Col. R. C. Newton's regiment of in favor of the Union, and boldly
Confederate mounted men, on debated 'the issues with any
being paroled to report to Gen. challenger. Hence he caused no
Holmes at Little Rock, he kept personal feelings against him when
his word, when, through the he took sides with the Unionists
blundering of officials, he was con after the conflict of war usurped
signed to the county jail, then the contests of the forum. His
used as a prison by the military personal appearance and eccen-
as well as the civil authorities, and tricities rendered him the sub-
by W. M. Randolph,* the Confed- ject of good-humored comment
erate States Attorney, was caused at the bar, on the bench, and in
to be indicted for treason against the streets. He was fleshy, round-
the Confederacy. He made his shouldered, careless of dress, and
escape and recruited the Fourth wore his hair and whiskers in
Arkansas regiment, Union volun- tangled masses. He walked with
teers, and reporting to Gen. Liv- a rapid, shambling gait, throwing
ingston, was assigned to the com out his hands, muttering to him-
mand of the post at Batesville. self, or munching peanuts. I have
On the organization of the new seen him, when leaning forward to
State, he was made one of the read an opinion behind the panel-
Judges of the Supreme Court, and ing of the bench,' slip off his
subsequently elected, the same shoes, and place his feet on the
year, United States Senator, but chair-round, in socks' not as
was not admitted.
stainless as his ermine. But Judge
Chief Justice Yonley was an Yonley was always sure of him-
original character of great natural self, bore no malice, practiced no
ability. He had been denied, or deceit, and was just and generous
else had slighted, opportunities in all his dealings. He had great
for early education. He had political foresight also.
studied law before he entered into About the time the Peoples'
the practice at Little Rock. He Convention was assembling, he
was well grounded in his profes- called in Judge Harper and ren-
sion, full of recources, self-made, dered a decision in the election
case of Rison, et al. election judges,
* W. M. Randolph was then the law against Farr.
partner of Mr. Garland, but left the Confed-
Captain Farr was a well-known
eracy, went to Memphis and became a Re-
publican.
ex-Confederate who, having re-
28
The Brooks and Baxter War: a History
fused to take the oath at some rights provides, that no man shall be put to
election, was denied the right answer any criminal charge, but by present-
to vote, and sued the judges of ment, indictment or impeachment, except as
the election. It was a case made
thereinafter provided, which exception refers
to test the validity of the election
to petty offences, made cognizable before jus-
law. The case had been decided
tices of the peace.
against the election judges in the
Then it is clear that, although treason is
court below, and they had ap-
the highest crime known to the laws, the
pealed. The papers published a
mere commission of that offense will not in
itself work a forfeiture of the rights or privi-
synopsis of the Supreme Court
leges of the offender ; but before he can be
decision, which created unbounded
deprived of all or either of them, he must be
satisfaction. I give an extract
convicted by due process of law. From this
from it:
view of the case, the part of the 6th section,
providing for the manner of holding elections,
So much of the oath as relates to bearing
which requires the oath referred to, is abso-
arms against the United States, refers directly
to offences against the government of the
lutely null and void.
United States, and are not within the powers The decision was well argued
and jurisdiction of this State to punish, even
and served the purpose. But on
by due process of law. There are crimes
reading it, I thought of Governor
which can only be punished or forgiven by
Murphy's dislike for 'wise saws
that government. And the Chief Magistrate
of the United States, acting on that principle,
and modern instances.' It might
by his proclamation of the 29th of May last,
have been said briefly: “Here is
in conformity with the authority conferred by
your State constitution. Here is
the constitution of the United States and the act the constitution of the United
of Congress made in pursuance thereof, has States, which forbids any State to
most graciously extended pardon and amnesty pass a bill of attainder or ex post
to a large majority of citizens of this State facto law. The State election-law
who had engaged in the late rebellion, within is repugnant to the former, and
the provisions of which the plaintiff below has
plainly defies the latter in two
brought himself by averments contained in
aspects. It is void, and the judg-
his declaration. Hence to deprive him of his
ment below will be affirmed."
right to vote, on account of his participancy
in the war against the United States, would be
Violation of the Federal con-
to punish him for a crime of which he had
stitution, however, did not seem
been pardoned.
to be regarded seriously at the
The roth section of the bill of rights de-
can leaders that “they had dis-
clares, that no man shall be taken or im-
prisoned, or disseized of his freehold, liabili-
carded the parchment guarantees
ties or privileges, or outlawed or exiled, but
of freedom in order to secure the
by the judgment of his peers or the law of substance," 2. e. freedom to whites
the land. And the 14th section of the bill of secondary to that of the negroes.
of the Reconstruction Period in Arkansas.
29
The is and weanen. Its nothingen
com their sed. There a free he state's
The decision was to silence dis- sas, gifted and popular, son of
contents and weaken the influence Hon. Thos. W. Newton, the only
of their spokesmen. This it ac- Whig ever elected to Congress
complished. There was nothing from Arkansas,-a gentleman who
in the way now of a free election was loved by all who knew him.
by the white men of the State. Mr. Charles Farrelly was elected
The election for county officers over Col. J. M. Harrell, by a ma-
and members of the Legislature jority of twenty-seven votes, as
was held on the day appointed by returned. The former was an
law without restraint. The 'freed- avowed advocate of the Union.
men' looked on good humoredly. The latter had been for years a
Not so, a quantity of new faces, declared disunionist, of the school
of any specimen of whom Cæsar of John C. Calhoun, who predicted
would have said as he said of Cas- all that was now taking place.
sius :
Only a part of his prophecy had
yet been fulfilled. By a ma-
“Yond' Cassius has a lean and hungry look ;
Would he were fatter !"
jority of the people of Pulaski
county, composed, in part, of
All unconsciously the people 'merchants and professional men
as a rule voted for the men of from the North, the teachings of
their choice. From a majority of Calhoun were rejected. Reluc-
the counties they elected to the tantly, and therefore with the
General Assembly those who had greater patriotism, they had ac-
led or defended them in the late quiesced in separation. They were
struggle, and formed what was now rejoiced to believe, that the
afterwards known as the 'Rebel Union was restored. They had
Legislature. It was a misnomer, eaten husks long enough, and be-
however, because they studiously gan to ask: “How many hired
avoided partisan measures. But servants of my father's have bread
their action, when required as to enough and to spare ? I will arise
measures thrust upon them, they and go to my father !” They
took as might seem best for the were ready to overlook the mild
State. Their constituents had not encroachments of 'trade' and
favored secession, and as longer view complacently enough great
heads had foreseen, did not yet stretches of constitutional limita-
perceive the purpose of foisting tion, and even yield states rights,
negro suffrage upon them.
to atone for the 'error' of seces-
For Representatives from Pu- sion; when the march of events
laski county Col. R. C. Newton soon taught them the value of
had been elected without opposi- the barriers of state sovereignity.
tion. He was a native of Arkan- President Johnson very naturally
30
The Brooks and Baxter War: a History
for good an in all his
lend him
desired to continue in the office of thize with the black man in all his
Chief Magistrate. The Southern aspirations for good. I would
States were equipped with three- lend him a helping hand in the
fifths of the negro population in school of life. But he will have
their representation in Congress to learn the rudiments, as we did.
and the Electoral College. His I believe the negroes are the most
course was plainly directed to docile, kindly of the races, under
conciliating the South. Congress the tutelage of the white race.
discovered his purpose, and oppo- But I do not think it true philan-
sing his aspirations, determined to thropy, or wise statesmanship to
strip the Democracy of that ele- endeavor to advance them at the
ment of strength, and control the peril of the civilization of the
five-fifths for the support of the white race.
Republican party, by giving the But Congress, containing only
negroes themselves the right to a few Democrats, had determined
vote. It was their last resort. to endow the negroes with the
The awful menace of negro right of suffrage. The Fourteenth
domination and its attendant dan- Article of Amendments to the
gers, at once arrested the growing Constitution of the United States
inclination to nationalism, as if by was proposed as follows:
magic. Political visionaries, even
Section 1. All persons born or naturalized
when actuated by the purest
in the United States and subject to the juris-
philanthropy, seem at a loss to
diction thereof, are citizens of the United
understand this all-powerful repul States and of the State wherein they reside.
sion of blood, that vast. body of No State shall make or enforce any law which
natural or inherited proclivities, shall abridge the privileges or immunities of
which we are accustomed to sum citizens of the United States; nor shall any
up in the word “color,' which is State deprive any person of life, liberty or
really the meaning of caste. (See property without due process of law; nor
Webster's Dictionary.) It is not deny to any person within its jurisdiction the
mere pigment, only skin deep- equal protection of the laws.
this repelling quality. It is some Section 2. Provides for the representation
thing beneath skin, which divides to be of the whole population, except where
the races by lines that have never the right to vote is denied; then to be reduced
been passed, wholly independent in that proportion, unless denied for partici-
of their volition. And why in the pation in rebellion, or other crime.
economy of nature, should it not Section 3. Disqualifies a class of rebels
be so? Men do neither gather from holding office, unless such disability
grapes of thorns, nor figs of this shall be removed by Congress.
tles.
Section 4. Provides for its ratification by
Heaven knows that I sympa- the States.
of the Reconstruction Period in Arkansas.
el cath to be mescribing the
assed entities of con
The first step required was to supplementary bill was passed,
compel the ratification of this authorizing the appointment of
amendment by three-fourths of registrars by the commanding
the States, which could not be general and prescribing the form
done without some of the South- of oath to be administered to the
ern States. So the act of Con- elector before admitting him to
gress was passed entitled “An act register. That oath was in sub-
to provide for the more efficient stance, that the elector was a citi-
government” of the 'rebel states' zen of lawful age, of a certain
over the President's veto, March county and State and had not been
the 2nd, 1867. By this act the disfranchised for participation in
'rebel states' were divided into any rebellion or civil war against
military districts, Arkansas and the United States, nor for felony :
Mississippi composing the Fourth and that he had not taken an oath
To each district a military com- as a State officer or member of
mander was required to be as- Congress, or as an officer of the
signed by the President, with United States, and afterwards en-
power to organize military com- gaged in insurrection or rebellion
missions to try offenders against against the United States, or given
military orders and regulations. aid or comfort to the enemies
It also provided, that when the thereof; such oath to be adminis-
people of any one State shall have tered by any registering officer.
formed a constitution framed by a At the passage of this act, the
convention of delegates elected 'Rebel Legislature' of Arkansas
by male citizens of whatever race, was in session. The act would
color or previous condition, and disqualify a majority of its mem-
shall be ratified by a majority of bers, and some of the ‘loyal'
such persons voting on the ques members of the other depart-
tion of ratification, and Congress ments of the State. The new
shall have approved the same, and Ship of State so recently launched
the Legislature of such State, with the sanction of Lincoln,
elected under said constitution, seemed destined not to pass be-
shall have adopted said Four yond the roadsteed. The Legisla-
teenth Amendment, and the said ture adopted the report and reso-
amendment shall have become a lutions of the House Committee
part of the constitution of the on Federal Relations, presented by
United States, then, and not until its chairman, Mr. W. H. Brooks, a
then, said State shall be declared distinguished Confederate Colo-
entitled to representation in Con- nel, who came to Arkansas from
gress.
Detroit, Michigan, in 1859, and
On the 23rd of March, 1867, a was elected from Sebastian county.
32
The Brooks and Baxter War: a History
The resolutions show. how cordis
ally the affiliation had become be-
tween the different departments
of the State government.
Whereas, the present government of the
State of Arkansas was duly and properly
organized under the proclamation of President
Lincoln of December the 8th, 1863, and has
been peaceably acquiesced in by all the people,
and has remained and is now in full force and
operation over all parts of the State, in all its
departments, whereby life, liberty and prop-
erty are fully and amply protected in the per-
sons of all its inhabitants;
And Whereas, the greater majority of the
people of the State are satisfied therewith, and
desire no change, and the constitution of the
State provides for its own amendment and no
law has been passed calling a convention for
its alteration;
Be it resolved by the General Assembly of
the State of Arkansas, That the existing gov-
ernment of the State of Arkansas is hereby
declared to be republican in form, in con-
formity with the constitution and constitutional
laws of the United States, and as such is
the true and proper government of the State
and of right ought to be recognized as a mem-
ber of the Federal Union,-and entitled to its
due representation in the Senate and House
of Representatives of the United States, with
all the rights and privileges of other States.
Be it further Resolved, That our United
States Senators be instructed, and our Repre-
sentatives in Congress (?) be requested to lay
these resolutions before the President of the
United States and Congress, and a copy be
sent to each of the Governors of the several
States of the Union, with the request that the
same be presented to their several legislatures.
of Senators and Representatives
in Congress, since none had been
admitted and the conditions upon
which they were to be admitted,
were set forth in the act of Con-
gress, and the contingencies were
too remote. Mr. Garland and Rev.
Andrew Hunter were elected by
the Legislature the two Senators
in Congress, and went on;' but,
I regret to sav soon returned'
not being admitted.
The minority report which was
presented by Mr. Hacket, fully
accepted the situation. It was
also lengthy and contained some
• assumptions' not warranted. I
give the substance of the report of
the minority committee as fol-
lows:
By an act of Congress, which became a law
the second day of March, 1867, the present
government of the State of Arkansas is de-
clared provisional, and under the provisions
of the act, it is probable that this Legislature
is without a quorum, the undersigned respect-
fully recommend the appointment of a com-
mittee whose duty it shall be to ascertain
what members of this Legislature are entitled
to their seats; and, if upon that report it shall
appear that there are members disqualified
by the act, their seats be declared vacant, and
an election under the provisions of said act
be held; and that so far as the qualifica-
tion of voters and the eligibility of candi-
dates is concerned, and until such election,
all business in this department be suspended.
The undersigned fully concede the power
of Congress to pass said law, and are in
favor of an early call for a convention for the
purpose of organizing the State under the
same. The people demand that this shall be
It was a dignified but vain pro-
test. It seemed fatuous to speak
of the Reconstruction Period in Arkansas.
done; and if those who are ineligible to exer- only to look across to the place of
cise any political privileges whatever, con- meeting of the Union convention,
tinue to exercise the functions of office, the
then also in session, to realize that
people will be unsettled as to their natural
his provisional' tenure was draw-
his
(sic) rights, and may, and doubtless will, (ne-
ing to a close.
groes chiefly), by virtue of the inherent and
The Union State convention was
inalienable right of every people (except for-
mer rebels), seek their safety and happiness in ' in session for the purpose of or-
a constitutional (sic) and organized govern- ganizing the Republican party
ment, and proceed peaceably to form and upon the basis of negro suffrage.
establish a government in conformity with Col. James M. Johnson, of Madison
said act of Congress.
County, was president. Among its
ablest and most zealous members
Those who voted in favor of the were from Arkansas county, Ino.
minority report in the House,
McClure; from Hempstead, D. P.
were Messers. Dickey, Farrelly,
Beldin, J. R. Montgomery ; from
Hacket, Harper, Leming, McCol. Jefferson. Powell Clayton. Tohn
lum, Wheeler and West.
A. Williams, and Sam W. Mal-
In view of the act of Congress lory; from Montgomery, J. W.
and the powers then asserted by it, Demby; from Prairie, T. M. Gib-
the supporters of the minority re- son; from Pulaski, Ben. F. Rice,
port apparently took the more T. D. W. Yonley, W. W. Will-
business like stand. The unseating shire, J. L. Hodges, L. J. Barnes
of the 'rebel' members was in- W. S. Oliver, and James Hinds,
evitable, and that would practic- John Peyton, etc. Rev. Joseph
ally destroy the General Assem- Brooks, living at Helena, is not in
bly. But, upon principle, the sup- the list of delegates from Phillips,
porters of the majority report were reported by the committee on
in the better attitude before the credentials. After remaining in
white people. In standing by convention for several days, they
their people, they undoubtedly dis adopted a platform and resolu-
played the truer philanthropy and tions in favor of enfranchising the
patriotism. It took four years from negroes and disfranchising the
that date, that is to the date of “rebels' Many of them came to
the determination of the “ Brooks this State with or behind the army ;
and Baxter War,' to demonstrate a few were old citizens from the
that theirs was the truer policy and Mountains.'
they the better politicians.
The third and the fourth article
For the present, the government of their platform will sufficiently
was declared 'provisional only, show the animus and purpose of
and Governor Murphy was again the convention.
a 'Provisional Governor,' and had
3. That we recognize the power and right
34
The Brooks and Baxter War: a History
of the National Government to determine the purpose it was, as soon as represen-
method and apply the means of reconstruct tation in Congress is secured, to
ing the rebel States, and of providing lawful
repudiate their compact with the
governments for the same; and we do wil-
National Government, disfranchise
lingly abide by and heartily accept the meas-
the recently enfranchised citizens
ures adopted or which may hereafter be neces-
sarily prescribed by Congress for a full, per-
and prohibit education of their
children."
fect and final reconstruction of said States,
to the end that the State may be admitted
The platform contained several
to its wonted position in the Union and repre- other sections, which I leave out.
· sentation in Congress; that the liberty and as they are in the same strain. A
rights of every citizen may be secured and State central committee was ap-
sacredly guarded and protected under an pointed with extraordinary powers.
honest, competent and loyal State govern John Kirkwood, an old citizens
ment; that the credit of the State may be re-
of Batesville, then offered the fol-
stored and economy in the public expen- lowing resolution which was
ditures bę secured; that the construction of
adopted:
railroads and other internal improvements so
necessary to the prosperity of the State may Resolved, That Hon. Elisha Baxter, Gen.
be commenced and vigorously prosecuted;
Albert W. Bishop and Col. James M. Johnson
and that the peace, security and prosperity be requested to represent the interests of the
may be restored to the State and all people.
loyal men of this State at Washington City
We declare that we are in favor of immediate whenever in the opinion of the State Central
action under and in conformity to the acts of Committee, such interest may seem to require
Congress, and we hereby tender to the Major- their presence, and that the State Central
General commanding this district, our hearty Committee be instructed to provide for mak-
support and co-operation in their honest and ing suitable compensation for the services of
faithful execution.
these gentlemen.
4. That we denounce the guilty authors The convention adjourned sine
of the late rebellion who refuse to acquiesce die. Here were Chief Justice
in the necessary, legitimate and just results of Yonley, Col. James M. Johnson
their own folly and crime, and who are now and Adjutant-General Bishop-
counselling the people to continued opposition
not to mention Judge Baxter, who
and resistance to the legitimate and lawful
was not in office-holding com-
authority of the National Government, as ene-
missions aboard the sinking ship
mies of the Union and all the dearest and best
of the New State Government,
interests of the people, and they deserve the
scorn of every honest citizen who desires to giving her up as doomed. The
see law and order and peace and prosperity
affiliation of the departments had
secured to the State.
been complete, while it lasted,
and gave promise of a harmoni-
The fourth article contained a de- ous future." But the aspirations of
nunciation of "disloyal newspapers interested, false friends interfered
and political demagogues, whose to disrupt a union that augured so
i
of the Reconstruction Period in Arkansas.
35
well, and bring ruin upon a virtu- had been permanently established,
ous and happy household.
although two years had passed
The full-pay Adjutant-General since the surrender of the rebel
was not to be closed out by the new armies, and three years since the
combination. He would wave his organization of the State govern-
hyperian locks and display his ment under the Lincoln procla-
'mark of distinction' upon the mation.
avenues of the National' Capi- And so the operations of the
tal,—whence he returned a Re- Lincoln-Murphy government had
gister in Bankruptcy.
been practically delusive. It had
Its crew was leaving and the hulk been set aside by the acts of Con-
of the Lincoln-Murphy White gress for the reconstruction of the
Man's Government was drifting out State upon a basis of enfranchise-
to sea to become a prize to the ment of the negro, with liberty to
freebooters.
the agents of reconstruction to dis-
franchise the whites who had par-
ticipated in, or sympathized with,
THIRD PAPER.
the rebellion. The sword was
“Say, why are you here? Why did you come ? unsheathed in order to compel
How long are you going to stay?
citizens, whether loyal or disloyal,
Why don't you speak? You cannot be dumb!
to organize a State government
Say, when are you going away?”
which should adopt a constitution
-Helen Granberry.
giving suffrage to the negro, when
Major-General Ord had, by the a legislature, under such constitu-
President, been appointed Com tion, should ratify the fourteenth
manding General of the Fourth article of amendments to the Con-
Military District, with headquar- stitution of the United States.
ters of the district at Vicksburg, The amendment had already
Mississippi. He visited Little (June 6th, 1866) been proposed to
Rock with a glittering staff, where the States by Congress (in which
he was waited on by the 'commit- ten States were not represented),
tee of conference,' appointed by and, under the FORMS of the con-
the Republican convention, to ad- stitution, was required to be rati-
vise him in regard to the appoint- fied by three-fourths of the States
ment of Registrars under the late of the Union. It was a rounda-
acts of Congress, of which Jonas bout proceeding, through uncon-
M. Tibbetts was chairman, and stitutional methods, to adopt a
the Republican Central Commit- constitutional amendment which
tee,' of which B.F. Rice was chair- should deprive the States of their
man. These occurrences dispelled control of the power to regulate
from all minds the idea that peace the elective franchise in the States.
36
The Brooks and Baxter War: a History
“Where the word of a king is, there is power;
And who may say unto him: What doest
thou?”
Meanwhile impecunious stran-
gers swarmed through the negro
quarters of the city and cabins of
plantations.
On the 19th of July, 1867, Con-
gress passed another and the third
in the series of reconstruction
acts, still more clearly defining its
purposes. I will give in full the
following section of the act:
It had been repeatedly decided
by the Supreme Court of the
United States, that the power to
regulate the elective franchise be-
longed exclusively to the States.
The Court further laid down the
rule that “citizenship has no nec-
essary connection with the fran-
chise of voting, or eligibility to
office, and does not of itself give
the right to vote; nor does the
want of it prevent a State from
conferring the right of suffrage.”
I do not think that any leader in
Congress affected to regard these
proceedings as strictly constitu-
tional.' They assumed that war
still existed; that peace had not
been permanently established, and
that the maxim Inter arma leges
silent alone applied. Yet they
strenuously denied the application
of the maxim equally applicable:
Co
Arma in armatos sumere jura
sinunt (to take up arms against the
armed is a lawful right), which lies
at the root of the doctrine of self-
defense. The general government
possessed expressly delegated
powers, among which was not in
cluded the right to regulate suf-
rage in the States, or to coerce a
State.
All powers not delegated were
“reserved to the States, respect-
ively, or to the people"-whatever
'people' may mean in such con-
nection. Its leaders could not
justify their acts by any other ar-
gument than that which is called
the last argument of kings:
SECTION 5. And be it further enacted
That the boards of registration provided for
in the act entitled "An act supplementary to
an act entitled 'An act to provide for the
more efficient government of the rebel States,'
passed March two, eighteen hundred and six-
ty-seven, and to facilitate restoration,” passed
March twenty-three, eighteen hundred and,
sixty-seven, shall have power, and it shall be
their duty, before allowing the registration of
any person, to ascertain, upon such facts or in-
formation as they can obtain, whether such
person is entitled to be registered under said
act, and the oath required by said act shall
not be conclusive on such question, and no
person shall be registered unless such board
shall decide that he is entitled thereto; and
such board shall also have power to ex-
amine, under oath (to be administered by any
member of such board), any one touching the
qualification of any person claiming registra-
tion; but in every case of refusal by the board
to register an applicant, and in every case of
striking his name from the list as hereinafter
provided, the board shall make a note or
memorandum, which shall be returned with
the registration list to the commanding gen-
eral of the district, setting forth the grounds
of such refusal, or such striking from the list;
of the Reconstruction Period in Arkansas.
37
PUH
Provided, That no person shall be disqualified
as member of any board of registration by
reason of race or color.”
Filled with dismay, leading citi-
zens met to consult as to the
course they should take, and ad-
vise their friends to take, in the
formation of a new State govern-
ment under the reconstruction
acts of Congress. After full de-
liberation they issued the follow-
ing address :
“ To the People of the State of Arkansas; or
such as may be Entitled to Vote at the
coming Election fixed by General Ord for
the 5th day (first Tuesday) of November,
A. D. 1867:
" Each of us whose names appear in this
paper, has received, from time to time, letters
from various persons in the State, asking our
opinions and advice as to the course to be
pursued in the election above referred to.
Upon consultation we have agreed upon this
method of answering those letters, and in so
doing we but give our opinions, and do not
assume to direct any one, or to dictate 'to any
one.
After a most careful and thorough consider-
ation of the Reconstruction Act itself, with
all the reasons for and against which we have
heard or read, we regard reconstruction under
that act as an impossibility. Some sort of
restoration may be had under it, but a recon-
struction such as will give our people equal
rights with others, and such as will secure to
our State and her citizens full constitutional
rights, cannot be had under that measure.
Any reconstruction short of this would be a
cruel mockery, and would result, in the end,
in the certain degradation, prostration and
complete ruin of the State. As harsh and
severe and as odious as military rule may be,
we prefer it infinitely to what must, of neces-
sity, follow from any kind of restoration or
reconstruction under that act.
“Therefore, a convention to bring about
such a reconstruction, as this bill contem-
plates, is to be avoided as the worst of evils.
And if the convention is not needed to effect
national restoration, or national integrity, cer-
tainly it is not necessary for any merely local
purposes. This is more particularly true when
in its proceedings hundreds and thousands of
our citizens are not permitted to even have a
voice, but are altogether excluded from it, and
besides are disfranchised, and branded as
traitors and felons.
“We regard it, then, as a sacred duty on the
part of those who claim this as their home,
and who feel for the pride, honor, and pros-
perity of the State, to go to the polls and vote
against a convention, and at the same time
to vote for cautious, prudent, wise, conserva-
tive delegates, so that if a convention should
be held, its proceedings will be controlled and
directed with an assurance that the State will
not be given up to destruction.
“These are the views we entertain on this
most important question, and they are submit-
ted with a full conviction and a perfect sense
of the magnitude of the interests at stake.
“Respectfully, etc.
DANIEL RINGO, W.E.WOODRUFF, Sen.,
F. A. TERRY, Sol. F. CLARK,
Z. P. H. FARR, CHAS. A. CARROLL,
WM. Q. PENNINGTON, J. F. FAGAN,
S. C. FAULKNER, R. C. NEWTON,
T. J. CHURCHILL, GEO. C. WATKINS,
JNO. C. PEAY, U..M. ROSE,
C. B. Moore, L. B. CUNNINGHAM,
WM. E. ASHLEY, Jos. STILLWELL,
JNO. M. HARRELL, E. H. ENGLISH,
A. H. GARLAND, WM. A. CRAWFORD.”
The States might not pass any
bill of attainder or ex-post facto
law, but (it was argued) Congress
The Brooks and Baxter War: a History
might. The Constitution of the The Registrars throughout the
United States had not incorpora- State were duly appointed in ac- .
ted the 29th chapter of Magna cordance with suggestions to the
Charta in its provisions; but those commanding general by the con-
of the States had, as cited by . ference committee, which had
Judge Yonley; and the common been assigned that duty by the
law was the rule of decisions of Republican Convention. The
the courts of all the States except State of Arkansas was composed
Louisiana.
of three regions of country inhab-
The foregoing address did not ited by those whose interests and
attempt any argument of the legal- occupations were, to a degree, as
ity of the reconstruction acts of distinct as the physical subdivis-
Congress. President Johnson had ions of the State. Similar divis-
exhausted the subject in return- ions, geographical and social or
ing them to Congress with his ob- commercial, are described as exist-
jections, - in the fulfilment, he ing in the ancient republic of Ath-
claimed, of his oath of office. ens.
'Congress,' of sixteen States, pro- These were distinguished as the
ceeded to pass them over his ob- Mountain, the Plain, and the Shore.
jections by the requisite two thirds "The Mountain' was inhabited by
vote (?), bound also to the fulfil- small farmers, and a populous
ment of a similiar oath of office, community of hardy but ingenu-
and asked nojustification. It mere- ous people. "The Plain' was
ly trained its victorious guns formed of broad fertile lands,
against the prostrate South. which were cultivated by opulent
The newspaper established in slave-holders. “The Shore' was
Little Rock as the organ of the the seat of cities where wealth was
Republican party lately organized, gradually concentrating, and learn-
and styled The Republican, edited ing and arts were cultivated. A
by Capt. John G. Price, professed description of one of these regions
to be pleased with the address as and its people, would in no wise
above issued. That paper said :— answer for a correct description of
address which is eminently char- sympathy with the people of the
acteristic of their inability to learn Plain and Shore in their political
anything, and will give comfort to or social aspirations. The Regis-
the friends of restoration and good trars that were appointed with
government. We will with the such unlimited discretion were
most disinterested purpose advise carefully chosen with a view to
them to beware how they monkey their adaptability to these various
with the buzz-saw.''
localities. The negroes-to whose
of the Reconstruction Period in Arkansas.
39
voting no restraints were inter- four times. I was gwine to be
posed by the acts of Congress, sho dey got my name.'
numbering about 200,000, which “But I spose you can't vote but
was one-fourth of the entire pop- once?”.
ulation of the State-inhabited, “I ain't concern about dat; I
principally, the Plain and the want to vote one time, sho."
shore. There was no trouble in At an office of registration i
registering them. The prospect one of the mountain counties where
of voting filled them with pleasure. there was a great rush of appli-
They were for the first time aroused cants for registration, and ropes
to a real appreciation of the sig- were extended for some distance
nificance of occurring events. Most on each side of the entrance to se-
of the slaves retained the names of cure admittance in regular order, a
the families in which they had young white man, just become of
lived. Some of these names were age, applied to register. He was
no less illustrious than those of ordered to be admitted escorted
Washington, Jackson, Livingston, by two negroes, each armed with
Hamilton, etc.
a revolver, who marched him up
While the Registrars were at
between the ropes. On giving his
work, under the pay of the United
name and age, his application was
States, as required by the first or-
rejected, on the ground that al-
der of the commanding general to
though he had not participated in
complete the registration by the
the rebellion, his father had been
26th of September, the freedmen
a Southern political leader; the
chiefly thronged the offices of reg-
suspected sympathies of the ap-
istration; the subject of registra-
plicant demanded his rejection.
tion forming the principal topic of
He was marched back by his col-
conversation among them. You
ored escort.
might hear on the streets or in the
The Registrars were taken gen-
lanes of the plantations such dia- eral
erally from the Union League, a
logues as the following:-
secret organization which formed
a compact body existing through-
“Mr. Washington, has you done
out the State, from which the body
registered yit?"
of the whites was excluded and
“O, yes, Mr. Jackson, I done to which the negroes were admit-
registered a week ago-leastwise ted upon the payment of a small
I went dar and give um my name, initiation fee, and in the lodges of
but may be I mought as well go which they were encouraged to
agin.”
speak, and relate with excited im-
“Why certen'y. Go agin, go aginations the experiences of their
two or t'ree times. I went dar oppressions, prior and subsequent
to
The Brooks and Baxter War: a History
to their emancipation. Agents of inclined to accept his overtures;
the Freedmen's Bureau organized and, negrophilist as he was, he was
and directed the League.
liberal to his opponents, and espe-
Mr. James Hinds was a lawyer, cially those who had been in act-
living in the dwelling of Dr. c. ive rebellion. Meeting Col. New-
Peyton, a distinguished Confeder ton on the street, he said:
ate surgeon, purchased at a tax “Col. Bob, I like a rebel who
sale made by Copperthwaite, fought. I am a rebel myself;
United States Commissioner for always was. I rebelled against
the collection of direct taxes to the Constitution; I have been
the United States, which sale was spitting on it ever since I under-
subsequently, by Justice Miller, stood it authorized the enslave-
declared invalid. The United ment of my fellow man. I don't
States courts exercised jurisdic- blame you, though, as you did
tion, as if Arkansas were a State not make the Constitution."
duly represented in Congress. “You are very kind, Hinds,"
Mr. Hinds practiced in the jus- said the Colonel; “I appreciate
tices' courts; wore a long black your leniency, but the Constitu-
coat, dark clothing generally, and tion was a contract; the consider-
white cravat, and was usually to ations which supported it were a
be seen with a law book under his compromise, and don't you think
arm. With a triangular face, broad we were bound to observe it in
forehead and sharp protruding honor of its framers ?”
chin, smoothly shaved; thin lips, “No!” said Hinds, “it was
curving downward; an habitual adopted without reference to those
smile, and mild blue eyes, he who were chiefly concerned, and
was seldom seen on the street, was a fraud as to them; and
except when it was evident that fraud vitiates from the beginning."
he had tarried too long at the “Oh," said the Colonel, “but
wine cup. I never ascertained they had their legal representa-
whence he came to Little Rock, tives; they were wards; they were
and never saw any one who was disabled from acting for them-
able fully to explain the mystery selves. I don't think they are any
of his tragic fate. He was one more competent now."
of the candidates of his party for “Ah, Colonel, that is prejudice.
a seat in the proposed convention. Such prejudice exists in the minds
No one, than he, had more influ- of you rebels that the colored
ence over the colored people. He population cannot have justice
had them at his home, and treated done to them, and until we clothe
them as his social equals. He was them with the power of the ballot,
courteous to the whites who were I undertake to say, that justice
of the Reconstruction Period in Arkansas.
41
cannot be administered to them
even in the courts.”
I am authorized to save souls by
making the people free. I believe
Colonel,““ to go to the opposite slave, because he has committed
extreme, and give that people all the unpardonable sin in being a
the power, and reserve none for slave. This is the day of your ju-
us rebels ?"
bilee; you vote for a convention,
“No, sir; we will do no such and vote for me, and I will give
thing. We will adopt a constitu- you a free ticket of admission to
tion under which no man shall be the heavenly city." Which would
disfranchised unless he disfran- be responded to with shouts.
chises himself. All may vote, who And the Rev. Joseph Brooks
will not interfere with the other's often followed Mr. Hinds in these
right to vote."
exercises. He resided at Helena,
“Yes," replied the Colonel,“but to which place he went with Gen.
there will be the bayonet behind Curtis, as chaplain of a colored
the ballots of all, just as now.” regiment; was a candidate for the
"No, no," laughed Hinds, put- convention, and frequently visited
ting his arm around the Colonel's Little Rock. He was a man of
shoulder and leading him away; great size, had a large head, which
“under the constitution that we was nearly bald, large features and
shall make, the ballot will be a sallow face, cleanly shaven. He
weapon firmer set, and better than would say, when Mr. Hinds would
the bayonet-a weapon that come down out of the pulpit, as
“Comes down as still
he took his place behind the sa-
As snowflakes fall upon the sod,
cred desk:
But executes a free man's will,
“My Christian friends, you un-
As lightning does the will of God."
derstand Brother Hinds. In a re-
ligious point of view he is not
Hinds was the lawyer of the quite orthodox in what he says,
colored litigants, and attended all but the spirit of his remarks is
their meetings, political and relig- just, if rightly understood. He
ious. He would say to the means that a voluntary slave may
congregations crowding the col- not enter the kingdom of heaven.
ored churches upon occasions But I will say, its streets are
when, layman as he was, he would thronged with slaves, from the
be invited to the pulpit:
time of Javan down to Uncle Tom;
“My colored brothers and sis- and I can see that old slave, from
ters, I am a 'missionary. I am Abraham's bosom talking kindly
one of those fellows who used to to the rich Lagree, explaining that
be called an'abolition emissary.' the gulf which now separates them
42
The Brooks and Baxter War: a History
is impassable, and that no advice and the election of officers under
will be sent to his kinsmen, but it on the 13th day of March, 1868.
that they must act upon their own Its President was Thomas Bow-
responsibility in the affairs of this en, of Mt. Pleasant Iowa. Rev..
life, and make reparation to those Jos, Brooks was one of the Vice-
whom they have oppressed, by Presidents, and John G. Price,
granting them equal rights with Secretary.
themselves."
The new constitution contained
If his allusions to Lagree were the following provision on the sub-
not understood, those to Abra- ject of the franchise :
ham and the rich man, had been
heard before.
SECTION 1. In all elections by the people
Mr. Brooks had a fluent deliv-
the electors shall vote by ballot.
ery, powerful voice, and energetic SECTION 2. Every male person born in the
action. Such appeals invariably
United States, and every male person who has
stirred the congregation to an up-
been naturalized, or has legally declared his
intentions to become a citizen of the United
roar. “Bless Gods,” went up from
States, who is twenty-one years old or up-
the men, and “hallelujahs," and
wards, and who shall have resided in this
shouts, from the women, who end-
State six months next preceeding the election,
ed by singing-
and who, at the time, is an actual resident of
“ In the morning, in the morning by the
the county in which he offers to vote, except
bright light." .
as hereinafter provided, shall be deemed an
elector. Provided, no soldier, or sailor, or
Messrs. Hinds and Brooks were marine, in the military or naval service of the
elected from their respective coun United States, shall acquire a residence by
ties to the constitutional conven reason of being stationed on duty in this State.
tion. The convention was de Sec. 3. The following classes shall not be
clared carried by order of the com- permitted to register or vote or hold offices,
manding general, in General Or- viz :
ders No. 43, Headquarters Fourth First. Those who, during the rebellion,
Military District, series of 1867, took the oath of allegiance, or gave bonds for
by the following vote: For Con loyalty and good behavior to the United
vention, 27,576; Against Conven States government, and afterwards gave aid,
tion, 13,558.
comfort, or countenance, to those engaged in
The convention commenced its armed hostility to the government of the
United States, either by becoming a soldier in
sitting on Tuesday, January 7th,
the rebel army, or by entering the lines of
1868, and after a little more than a'
said army, or adhering in any way to the
month's deliberation declared the
cause of rebellion, or by accompanying any
constitution adopted on February
armed force belonging to the rebel army, or
IIth, 1868, ready for submission by furnishing supplies of any kind to the
to the people for their ratification, same.
of the Reconstruction Period in Arkansas.
43
Second. Those who are disqualified as any person, or persons, on account of past or
electors, or from holding office in the State or present support of the government of the
States from which they came.
United States, the laws of the United States,
Third. Those persons who during the late or the principle of
or the principle of the political and civil
rebellion violated the rules of civilized war- equality of all men, or for amllating with any
fare.
political party.”
Fourth. Those who may be disqualified
On the 13th day of March, 1868,
by the proposed amendment to the Constitu-
the people were to be called on
tion of the United States, known as Article
again to vote upon the ratification
XIV., and those who have been disqualified
or rejection of this constitution.
from registering to vote for delegates to the
convention to frame a constitution for the
The subject of the ratification of
State of Arkansas, under the act of Congress
this constitution making radical
entitled “ An Act to provide for the more changes, and, in view of the proc
efficient government of the rebel States," posed constitutional amendment
passed by Congress March 2d, 1867, and the to perpetuate its measures, excited
acts supplementary thereto. * * * * * the deepest interest.
Provided, That all persons included in the The old citizens of the State,
first, second, third, and fourth subdivisions of without regard to former party af-
this section, who have openly advocated, or
filiation, whether for or against the
have voted for the reconstruction proposed by Union in the late conflict. were
Congress, and accept the equality of all men
before the law, shall be deemed qualified
generally opposed to the radical
electors under this Constitution.
measures of the proposed consti-
tution. In response to a call issued
SEC. 5. All persons before registering or
voting must take and subscribe the following
by well-known leaders of different
oath: “I do solemnly swear (or affirm) that
party complexions, residing at
I will support and maintain the Constitution
Little Rock, the convention of
and laws of the United States, and the Con- what was styled 'The Democratic
stitution and laws of the State of Arkansas; Conservative Party of Arkansas.'
that I am not excluded from registering or met at Little Rock in January.
voting by any of the clauses in the first, sec It was largely attended, and rep-
ond, third, or fourth subdivisions of Article resented the wealth and intelli-
VIII. of the Constitution of the State of Ar- gence of the State. After full dis-
kansas; that I will never countenance or aid
cussion, it was decided, despite
in the secession of this State from the United
the offer which it was well under-
States; that I accept the civil and political
stood would be in the constitution
equality of all men, and agree not to attempt
itself, that all who voted in favor
to deprive any person or persons, on account
of it should be admitted to regis-
of race, color, or previous conditions, of any
political or civil right, privileges, or immunity,
tration, not to vote for the consti-
enjoyed by any other class of men; and, fur-
tution.
thermore, that I will not in any way injure,
The convention, previous to its
countenance in others any attempt to injure, adjournment, appointed a State
44
The Brooks and Baxter War: a History
Central Committee, composed as not flocks of tigers be led by the sound of the
follows: Robt. A. Howard, Chair shepherd's fife? Why should not a colony of
man, Little Rock; Wm. Byers,
lions be seen frisking in our parks among the
wild thyme and the dew, like the little ani-
Batesville; J. S. Dunham, Van Bu-
ren; A. B. Williams, Washington;
mals celebrated by La Fontaine ?”
L. B. Nash, C. B. Moore, Arnold In another article there occured
Syberg, F. A. Terry, and R. C. the following paragraph :-
Newton; J. M. Harrell, Secretary,
“CIRCUMVENTING GOD."
Little Rock.
“That popular reason in the United States,
The committee established the
under recent strains upon it, should have given
Campaign Gazette as its organ, a
signs of some derangement, is not astonishing.
paper issued from the presses of
No people ever were less prepared for the ca-
the Arkansas Gazette whose print tastrophes of a war like that we have passed,
ing office was in the control of following upon a generation of unequaled, un-
those who had no sympathy with appreciated, peace and happiness. A sub-
the movement. I will give here ject of greater wonder is, that the sober sec-
some paragraphs from the columns ond thought,' in which we have been bred to
of the Campaign Gazette, edited have an abiding faith, should foreshadow its
by the committee, as samples of
return so soon! Already with growing com-
posure we contemplate the future, and remem-
the arguments and positions taken
ber the past as a troubled dream-a dreadful
by the organization it represented.
delirium-from which we pray a perpetual de-
In its leading article of January
liverence.
Ioth, speaking of the Constitution-
“The organ of the Radicals at the Capital
al Convention then in session, it
of Massachusetts—whence were loosed some
said:
of the fiercest gusts of the late passion-storm
“We attended the first opening of the Rad- --cries out in the very pain of a similar return
ical Menagerie at the old capitol'this morn to reason, that defeat in the recent Northern
ing. When we considered that only a few of elections has overtaken the party because, by
the animals have ever been on exhibition be- attempting to make the negro the equal of the
fore, and are characterized by insatiable ra- white man, it tried to circumvent God. And
pacity, we were a little nervous on approach this is not the language of disappointment, or
ing the arena, and secured a place beyond passionate exageration, but of truth,-in the
danger in the gallery. We could not but re point, force, and eloquence of truth-truth,
gard the collection with the deepest interest, and nothing more.
which, we must confess, partook more of terror “ In undertaking to elevate the negro to a
than admiration. Dr. Nieuwentyt, in his position of equality with the white race,—if it
treatise to demonstrate the reality of final cau- had undertaken no more, the radical party has
ses has asked: Can it be chance that has in- plotted to circumvent God! That God's pur-
spired the gentle and useful animals with the pose is the contrary of this, is nowhere more
disposition to live together in our fields, and plainly declared in his revelations, and the rev-
prompts ferocious beasts to roam by them- elations of nature, which all may read and un-
selves in unfrequented places? Why should understand. The attractions and sympathy
of the Reconstruction Period in Arkansas.
45
which white men, in the most generous of im-
Norman, of Ashley County. But
bly explained by Horace Greely in his declar-
ation that 'the negro in his bonds was strong-
er than his master, because of the principle of
justice crucified in him’ by his enslavement.
As a slave, he was clothed too in the garb of
an orderly propriety, and reflected the urban-
ity and refinement of his fortunate owner, and
the effects of the patriarchal mode of life in
which he was reared.”
impression upon the course of the
impre:
convention as the vetoes of the
President had upon Congress.
Mr. McClure, who was a very
well informed and brainy man, in
the disguise of long locks and an
immense beard, was supposed to
assist in the conduct of the Re-
publican organ at Little Rock.
Its articles consisted in denuncia-
tion of the rebellion and rebels,
The Fairfield (Iowa) Democrat,
of about that date, contained arti-
Brooks in unmeasured terms. He
pense of the Bourbons.' The
had gone into the army as chap-
the army as chap- Democratic Central Committee
lain from that place, but as those
appointed speakers to make a can-
articles merely made out what we vass of the State against the con-
knew him to be a political preach- stitution. The Union League'
er, an abolition fanatic, we were sent its ablest lecturers to the re-
not much enlightened thereby.
^ enlightened thereby. motest corners of the negro dis-
“These abolitionists,” Mr. Lincoln tricts. As there was but a short
once said, “are unhandy people time in which to make the canvass,
to deal with, but their faces are it was conducted with great vigor
set towards Zion.”
. on both sides. One evening, when
The leaders in the convention the city was in darkness from some
had been Joseph Brooks and his failure in the supply of gas, I sud-
colleagues from Philipps County, denly beheld the reflection of a
Wm. C. Gray-a dark mulatto, great light upon the clouds in the
who had emigrated from some eastern part of the city. This was
Northern State; John McClure, in the direction of the plantations
agent of the Freedmen's Bureau, extending down the river. As the
of Arkansas County; and John R. light increased I heard shouting.
Montgomery, Freedmen's Bureau Without public notice that it had
agent, from Hempstead County. been projected, a torchlight pro-
There were some able Conserva- cession of the negroes, from the
tives in the convention. Robt. S. plantations from below, entered
Gantt and W. F. Hicks, of Prairie the city. I should judge there
County; J. N. Cypert, of White were about three thousand torch-
County; Bouldin Duvall, of Law- es. They wended through the
rence County; and George W. principal streets of the city, and
orthere the county imens Counsa
The Brooks and Baxter War: a History
excited the deepest interest, not “Madam," I replied, "you speak
to say alarm, in the breasts of the lightly of it; but I regard it as
inhabitants. A refined and amin more serious than you think.” To
able lady, who stood near me on me it was a very alarming spec-
the steps from which we viewed tacle that long column of howl-
it. (the widow of the late Dr. Jor- ing negroes, with their flaming

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EX-GOV. POWELL CLAYTON.
dan, who had been the largest
planter in the State), exclaimed
in a vein of sarcastic humor:
“They had left us our lives; I
suppose they now propose to put
us to the torture."
torches. Riding slowly in front
of them, in sharp silhouette, was
James Hinds, the only white man
to be seen with the procession.
They ended their procession in
front of the Anthony House,
of the Reconstruction Period in Arkansas.
where it was understood that Pow- James Hinds stepped forward,
ell Clayton and other orators were and, with feeble voice, was begin-
to address them.
ning to speak, when the fire-bell
Farther than as a delegate to the suddenly rang out at the City Hall,
Union convention, Gen. Clayton one hundred yards west, and soon
had not taken any part hitherto in the engine and trucks, led by
politics. He was understood to George Counts, came dashing
have been a pro-slavery Democrat madly through the excited mass.
in Kansas prior to the war; was The negroes uttered a cry of rage,
an efficient officer in the Union as if they understood it to be a
Army, and rose to the rank of false alarm made for disturbing
brigadier-general. He had mar- their meeting; but the fire engine
ried in Helena, Arkansas, and pur- dashed madly on. Torches were
chased the Willoughby Williams' beaten over the horses' heads, and
plantation below Pine Bluff, where a pistol shot was heard, and then
he and his brother resided. He another. The orators hastily re-
was a man a little above the me- tired from the balcony, except
dium height, with light hair and Clayton.
mustache, with a graceful but As if they had been provided
haughty bearing. He was ambi- for the occasion, hundreds of
tious of place and power, to which bunches of Chinese fire-crackers
he sacrificed all prejudices, and were touched off at that instant.
had accepted the Republican nom- They sounded like the reports of
ination for Governor. Standing a thousand pistols and the tumult
on the balcony of the Anthony of a fearful riot; but no one was
House, in the glare of the torches, hurt. Before the popping had
he made a defiant speech, indi ceased, there was not a negro to
cating that he threw his fortunes be seen, except a woman known
upon the success of the Republi- as 'Flying Jinnie,' who was hys-
can party in Arkansas. Hinds, terically cursing the rebels.
Brooks, and McClure stood near Fifty yards south of the hotel,
him, and the white people heard there was a canal or ditch known
him from the windows of the ho- as the 'Town Branch. It con-
tel and the sidewalks. The indi- tained all that was left of the pro-
cations seemed ominous of evil to cession, hiding under its banks
the Conservative party and white and groping along its shallow bed
people of the Sate. I pondered to some place of safety.
upon the evil which might be per- Such was the termination of
petrated by that horde of black that opening grand procession of
men that blocked the street, shout- the campaign; and there was
ing so wildly, under such a leader. never any attempt at another.
1
48
The Brooks and Baxter War: a History
On the 28th of February, Con- upon the ratification of the con-
gress adopted an additional meas- stitution, showed 27,913 votes For
ure, which provided that the rati- the Constitution; 26,597 Against
fication or rejection of the consti- Constitution. Majority For Con-
tution should be decided by a stitution, 1,316, as returned.
majority of the votes actually cast, He made also an extended re-
and that at the time of voting
g port in regard to the frauds claimed
upon the ratification of the con-
to have been perpetrated by both
stitution, the registered voters
parties, but Congress paid no at-
might vote also for representation
tention to aught but the reported
in the Congress of the United
result, and on June 8th, 1868,
States, and for all elective offices
passed on an act reciting that the
provided for by the said consti-
State of Arkansas had adopted a
tution.
constitution, and the Legislature
General Ord had been relieved
of the State (which had organized
from the command of the De-
in the meantime) had duly ratified
partment. Major-General Alvan C.
the amendment to the constitution
Gillem was appointed his successor.
of the United States known as Ar-
Notification from the General of
ticle XIV., and that the State was
the Army at Washington, by tel-
entitled and admitted to represen-
egram to Gen. Gillem, of the pas-
tation in Congress as one of the
sage of this act was received two
States of the Union upon the fun-
days after the election had com-
damental condition contained in
menced. It could not be made
said amendment. President John-
known to those who were not ap-
son returned said act with his ob-
prised of it beforehand. It was
jections, from which I take the
a 'scheme' between the carpet-
following paragraphs in his mes-
baggers and Congress to elect
sage:
State officers and representatives
in Congress without opposition. “If Arkansas is a State not in the Union,
Upon fair notice, citizen Unionists this bill does not admit it as a State into the
would have been candidates and Union. If, on the other hand, Arkansas is a
largely supplanted them, as, al State in the Union, no legislation is neces-
though the former had control of sary to declare it entitled to representation in
the machinery, they would not Congress as one of the States of the Union.'
have dared to use it openly in
The Constitution already declares that “each
State shall have at least one representative;'
such a contest.
that the Senate 'shall be composed of two sen-
On April 23d; Gen. Gillem re-
ators from each State;' and that 'no State
ported to the General of the Army
without its consent, shall be deprived of its
that the election held in Arkansas,
equal suffrage in the Senate. The bill de-
commencing March 13th, 1868, clares that the State of Arkansas is entitled and
of the Reconstruction Period in Arkansas.
49
admitted to representation in Congress as one
of the States of the Union, upon the following
fundamental condition : That the constitu-
tion of Arkansas shall never be so amended
or changed as to deprive any citizen or class
of citizens of the United States of the right to
vote who are entitled to vote by the constitu-
tion herein recognized, except as a' punish-
ment for such crimes as are now felonies at
common law, whereof they shall have been
duly convicted under the laws equally appli-
cable to all the inhabitants of said State :
Provided, That any alteration of said consti-
tution, prospective in its effect, may be made
in regard to the time and place of residence of
voters.
“I have been unable to find in the constitu-
tion of the United States any warrant for the
exercise of the authority thus claimed by Con-
gress. In assuming the power to impose a
“fundamental condition' upon a State which
has been duly admitted into the Union upon
an equal footing with the original States in all
respects whatever,' Congress asserts a right to
enter a State as it may a Territory, and to reg-
ulate the highest prerogative of a free people
—the elective franchise. This question is re-
served by the constitution to the States them-
selves, and to concede to Congress the power
to regulate this subject would be to reverse the
fundamental principle of the republic, and to
place it in the hands of the Federal Govern-
ment, which is the creature of the States, and
the sovereignity which justly belongs to the
States or the people, the true source of all
political power, by whom our federal system
was created, and to whose will it is subordi-
nate,
"It is well known that a very large portion
of the electors in all the States, if not a large
majority of all of them, do not believe in or
accept the political equality of Indians, Mon-
golians, or Negroes, with the race to which
they belong. If the voters in many of the
States of the North and West were required
to take such an oath, as a test of their qualifi-
cation, there is reason to believe that a major-
ity of them would remain from the polls rather
than comply with its degrading conditions.
How far and to what extent this test oath pre-
vented the registration of those who were
qualified under the laws of Congress, it is not
possible to know; but that such was its effect, at
least sufficient to overcome the small and doubt-
ful majority in favor of this constitution, there
can be no reasonable doubt. Should the peo-
ple of Arkansas, therefore, desiring to regu-
late the elective franchise so as to make it
conform to the constitutions of a large pro-
portion of the States of the North and West,
modify the provisions referred to in the fun-
damental condition,' what is to be the conse-
quence? Is it intended that a denial of rep-
resentation shall follow? And, if so, may we
not dread, at some future day, a recurrence of
the troubles which have so long agitated the
country? Would it not be the part of wisdom
to take for our guide the Federal Constitu-
tion, rather than resort to measures which,
looking only to the present, may in a few
years renew, in an aggravated form, the strife
and bitterness caused by legisation which has
proved to be so ill-timed and unfortunate ?
“ANDREW JOHNSON.”
“WASHINGTON, D. C., June 20th, 1868.”
The State officers declared to
have been elected were-Gover-
nor, Powell Clayton; Lieutenant-
Governor, James M. Johnson;
Secretary of State, Robert J. T.
White; Auditor of State, James
R. Berry; Treasurer of State,
Henry Page; Attorney-General,
John R. Montgomery; Superin-
tendent of Public Instruction,
Thomas Smith; Associate Tustices
of Supreme Court, Lafayette
50
The Brooks and Baxter War: a History
Gregg, John McClure, Thomas M. which the constitution was held
Bowen, and William M. Harrison. to be ratified was a mockery. Not
Members of Congress elect- only had notice of the amendatory
First District, Logan H. Roots; act, authorizing the election of all
Second District, James Hinds; . officers under it, come too late to
Third District, Thomas Boles. be made known in time through-
United States Senators elect- out a State without railroads or
Benjamin F. Rice, and Alexander telegraph lines, but the three com-
McDonald.
missioners appointed in the sched-
Rev. Joseph Brooks was left out! ule to supervise the election were
By the constitution just declared vested with power to control it
ratified, Article VII., Sections 3 absolutely. They had the selection
and 5, the Governor was author and control of all election officers;
ized to appoint the Chief Justice, they might hold the election as
and Judges of the 'inferior' many days as they should see fit;
Courts. He appointed W.W. Will- count the votes and reject any
shire Chief Justice; sixteen Circuit they might deem illegal; set aside
Judges, and a Chancellor. Few of the election, or correct' the result
the latter had ever practiced law, in any county or precinct, and de-
and all were subservient to his cide the right to any office con-
policy. What that policy proved tested.
to be will be shown in a subse- If it could have been submitted
quent paper. It verified the to an impartial tribunal, I doubt
prescience of the authors of whether the instrument itself, thus
the Democratic-Conservative ad- adopted, could have been adjudged
dress which had proclaimed: "As 'republican in form. Instead of
harsh, and as severe, and as odious diffusing power among the people
as military rule may be, we prefer of cities and counties to regulate
it infinitely to what must of neces- their internal or local affairs, it
sity follow from any kind of resto- concentrated all power at the capi-
ration or reconstruction under the tal, and really left none to be ex-
acts of Congress.”
ercised elsewhere. The newly ·
enfranchised negroes had as little
influence in the government as the
FOURTH PAPER.
mules upon the plantation.
“But now that statesmanship is-just a way
Powell Clayton, who was in-
To dodge the primal curse—to make it pay; stalled Governor by means of
Sure, office means a kind of patent drill these measures of undisguised
To force an entrance to the People's till." fraud and force, was a resident of
- James Russell Lowell. Pine Bluff, 35 years of age, en-
The pretended election by gaged with his brother, John M.
eyes
of the Reconstruction Period in Arkansas.
place in Delawiese fatte his enim
Clayton, in planting near that tion, countenanced by the admin-
place. He was born in 1833, ona istration of President Buchanan,
farm in Delaware County, Penn- as against the Topeka Constitu-
sylvania. His father was of tion—the movement in behalf of
Quaker descent, and his mother which President Pierce had pro-
English. At the age of 20 he was nounced 'revolutionary.'
sent to the military academy of Senator Stephen A. Douglas
Captain Alden Partridge, at Bris- had advocated the repeal of the
tol, in that State. From thence Missouri Compromise, which
he went to Wilmington, Delaware, opened Kansas to the introduc-
to study civil engineering. His tion of African slavery, and invited
father was a Whig in politics, these foments. But he was led,
but young Clayton, under the in- from some cause, to oppose the
fluences that surrounded him at Lecompton Constitution, and with
the capital of the little banner the aid of four other Democrats
State of Democracy, became a in Congress, voted to defeat the
decided Democrat. In 1855 he passage of the bill for the ad-
removed to Leavenworth, Kansas mission of Kansas as a State
Territory, at the beginning of the under that constitution. His po-
disturbances in that Territory, sition may have contributed to aid
which grew into national import him in defeating Mr. Lincoln for
ance in the years 1856 and 1857. I the Senate in 1858-9, but the
have no authority, beyond mere effect was to transfer the Kansas
rumor, for stating that he took embroilment to the country at
any part in those historic scenes. large, and to disrupt the Demo-
But, enterprising and ambitious, cratic party.
he must have coöperated with These results precipitated the
Capt. Martin's Kickapoo Rangers, war between the States which fol-
or Atchison's Platte County Rifle- lowed. Clayton was endorsed by
men, in some of those campaigns, the Democrats of Leavenworth,
either in the one against Lawrence who elected him City Engineer
then the headquarters of John and Surveyor of that city.
Brown and Jim Lane-or in the Upon the storming of Sumter, .
skirmish at Hickory Point, where he resigned his civic position and
the conflict between the border was elected a Lieutenant of in-
combatants was prevented by the fantry in the volunteer service of
timely arrival of the United States the Union, but was transferred to -
troops ordered to the scene by the 5th Kansas Cavalry, of which
Col. Sumner.
he became Colonel. With this
As a Democrat he would have command he entered Helena, Ar-
favored the Lecompton Constitu- kansas, in 1862, under Gen. Curtis,
52
The Brooks and Baxter War: a History
and Little Rock under Gen. Steele be President of Railroad Com-
in 1863. He was ordered thence mission; to be Commissioner of
to Pine Bluff, where he repulsed Common School Fund; President
an attack by Confederate mounted of the Board of Public Printing; .
men in greatly superior force to designate official newspa-
under Gen. Marmaduke. This pers; 'to issue State bonds to rail-
was heralded as a brilliant exploit, road companies; to appoint Prose-
and secured Clayton's promotion cuting Attorneys; Assessors; all
to the rank of Brigadier-General. militia officers; negotiate for loan
He does not appear to have dis- for purchase of arms; to remove
tinguished himself in any other County Superintendents of Com-
historic engagement. The sur mon Schools; to cast up and 'ar-
prise of Dockery's men was an range' the vote for each person
every-day affair of no moment. voted for as Presidential Elector;
Gen. Clayton was possessed of to fill all vacancies in the offices
personal courage, beyond a doubt, of Secretary of State, Auditor,
and was not a man to avoid a per- Treasurer, Attorney-General, Su-
sonal encounter. He had begun perintendent of Public Instruc-
his career amidst scenes of frater- tion, County Clerks, Sheriffs, and
nal strife and bloodshed, and County Supervisors.
seems to have been at home in To make his power over all the
them.
departments complete, he was the
political head and Commander of
The powers conferred upon the the Union League. In this capaci-
executive by the new constitution, ty he could dictate to the pliant
and by the acts of the Legislature and helpless blacks, in each repre-
which met April 2, 1868, placed sentative district, the persons to
the control of all the machinery be elected by them as Senators
of government in the Executive. and Representatives in the Gen-
He was authorized to appoint the eral Assembly, at all elections
Chief Justice and all the judges conducted by registrars and judges
of the inferior courts; Commis- who were his creatures. The
sioner of Immigration and State counties were gerrymandered to
Lands; Commissioner of Public form representative districts in
Works and Internal Improve- which the blacks would surely be
ments; Boards of Registration in the majority.
to choose registrars and judges of He designated the justices of
election; Board of Trustees of the the peace and constables who were
Institute for the Blind, and Deaf 'to be members of the boards of
Mute Institute; Board of Trustees registration and presidents of such
of the Industrial University; to boards, and might remove any one
of the Reconstruction Period in Arkansas.
53
so appointed 'for sufficient cause.' Secretary, Auditor, Treasurer,
The powers of these boards were $3,000 each; the Chief Justice,
extraordinary. Each registrar and $4,500; Associate Justices, $4,000
board of review, while discharging each; the Circuit Judges, Chancel-
its duties, was invested with and lor, Attorney-General and Super-
required to exercise the powers of intendent of Public Instruction,
a circuit court, and might issue $3,500 each.'
process to sheriffs or constables, The Metropolitan Hotel, then
who were to receive fees for their owned by Jonas Tibbetts, was
services as for 'similar services in headquarters of the Republican
State cases. No circuit court leaders. Judge Bowen boarded
could exercise the power to issue there with his beautiful wife, for-
any mandamus, or other process, merly Miss Thruston, of Van
to any registrar or board of re Buren, where Bowen first landed
view. This was to prevent inter in Arkansas as an officer under
ference by the courts in the con Gen. Blunt. McClure, Rice and
duct of elections, which were Bowen met there nightly, in Nat.
merely executive appointments, Hill's room.
through this expensive and de- 'Colonel' Hill was an ex-Con-
moralizing system.
federate, who professed to advo-
Whether it was because Gov. cate the reconstruction measures,
Clayton was lead into temptation and paid court to the new officials.
by the possession of these arbi. They formed a lively coterie.
trary powers, or was by nature of Bowen talked cards. He had a
an arbitrary disposition, he soon 'system' which he claimed would
demonstrated that there was no break any faro-bank dealt on the
authority thus conferred upon square.' He had 'rules,' too, for
him that he would hesitate to ex playing draw-poker. But Judge
ercise. The sword was intended McClure, proclaiming no theory,
to cut one way, but it was not was the most successful adept at
long before his political associates this great American game. Clay-
found that it was two-edged, and ton was fond of the game, but did
are on record in protests and pro- not play there. When a Senator
ceedings accusing him of exceed- afterwards, he played an equal
ing and abusing his powers.
hand with Blaine, Dorsey and
The Governor was to be paid a Pinchbeck, who were fine players.
salary of $5,000, and to have the There is a great deal of human
rental of a Governor's mansion at nature in poker. The game is a
$1,200 per year, payable quarterly mimic battle of life, in which
out of any money in the treasury knowledge of human nature, pru-
not otherwise appropriated. The dence, calculation and nerve are
54
The Brooks and Baxter War: a History.
:
theories. their successfulaccount
brought into play; and active The assessors had all been ap-
minds delight in it.
pointed, and were on their rounds
Col. Hili had also systems and under the act of July 22, 1868:
theories. He related startling in-
SECTION 22. It shall be the duty of the
stances of their successful appli- Governor forthwith to appoint and commission
cation. But as his bank account
some suitable person in each county in this
did not seem to increase, his audi. State to the office of assessor, whose term of
tors refrained from prying into his office shall continue until the general election
secrets. McClure said that Hill in 1870, unless sooner removed by the Gov-
was so 'visionary' in his talk, if ernor, etc.
another man were to report him
The act of March 25, 1871,
dead, and Hill should come around
Sec. 38, made it the duty of the
in person to deny the report, Mc-
Clure would be bound to believe
Governor to appoint assessors for
the other fellow. McClure was
the full term of four years, unless
the 'Touchstone' of these exiles
sooner removed by the Governor.
And lest by any influence any as-
in the forest of Arkansas. In spite
sessor should be induced to place
of systems Rice and McClure, who
his valuation of taxable property
did not profess to have any, dem-
onstrated a practical superiority in
too low, it was provided, in the
former act:
the game, and rapidly exhausted
the finances of their adversaries. SECTION 31. Each County Clerk shall
The purses of all these doughty from time to time, correct any errors in the
chevaliers of reconstruction were the name of the owner, in the valuation,
getting slender. Hence the ner description or quantity of any tract or lot con-
vous anxiety which is betrayed
tained in the assessment books of his county,
by the act of their legislature of
but in no case shall he make any reduction
from the valuation of any tract or lot of real
July 9, 1868:
property.
SECTION 2. That every officer of the State,
By Sec. 87 of the same act, he
city, county or township who is, or has been,
employed in the collection of the public reve- was declared, entitled to three per
nue shall be required by the judges of the
centum on the amount of taxes
C
County Court to make final settlement of all levied on his assessment list, to
the moneys which have come into his hai, be paid out of the county treas-
by virtue of his office, within thirty di ury. This was a commission
after notice served on him to appear ai. which stimulated to high assess-
ments. The Board of Equaliza-
make settlement, etc.
biotecassis
SEC. 3. Makes it the duty of the Grand
tion, composed of the same
Jury to indict any such officer for embezzle-
assessor and clerk, was forbidden
ment in whose hands any balance due shall to reduce them except in particu-
remain unpaid thirty days.
lar cases; the aggregate value to
of the Reconstruction Period in Arkansas.
55
be returned without reduction, support of the State Government
with the additions made by the amounted to $64,800 per annum,
clerk.
or $194,400. The first two years
By the act of March 28, of the and a half are accurately stated
same year, the county assessor was at $64,800 from the records. The
clothed with power, and it was last year's expenditures from Oc-
made his duty, to attend the voting tober 1, 1866, to October 1, 1867,
places in each election precinct, are involved with expenses of re-
district and ward, and after five construction, and cannot be stated
days' notice to add to the regis- as positively, but as expenses of
tration list of voters the names of the State proper, were about the
such persons as he might find to same. No moneys were paid on
be qualified voters, and to issue account of Democratic Senators
certificates to such electors, and elected, or messengers or attor-
to deliver copies of such registra- neys employed on behalf of the
tion to the judges of election. He State, as has been falsely rumored,
was authorized, also to appoint It was upon the organization of
judges and clerks of election, and the State government under the
while discharging his duties to constitution of 1868, that the
have the power of a circuit court! flood-gates of official extrava-
The Governor, upon satisfactory gance were opened. Mr. James
evidence furnished that the regis- R. Berry, 'elected' auditor on the
tration in any county had been ticket with Clayton, and who was
fraudulent or illegal, might set auditor under Governor Murphy
the same aside and order a new (his father-in-law), and "elected'
registration.
on the ticket with Baxter, stated
The assessor was thus the object on oath in his examination before
of the special care of the Legisla- the Congressional Committee, of
ture. He was the mere agent of which Hon. Luke E. Poland was
the Governor, removable at the chairman, as follows: Question
Governor's pleasure. Through Was there any money in the treas-
this important agent it will be seen ury when Gov. Baxter took pos-
how taxes were increased to meet session of the office in 1873?
the demands of exactions, piled Answer-For general purposes,
upon each other, until the reve- 'narry red.' Q.-At the time of
nues, at any increase, were insuffi- the installation of Gov. Baxter,
cient to pay a tithe of the interest was not the State debt very much
upon the debts created.
larger-both the funding and float-
Under the Murphy government, ing debt-than it was in 1868,
from April 18, 1864, to October 1, when Gov. Clayton took posses-
1867, the money expended for the sion? A.–Very largely increased.
56
The Brooks and Baxter War: a History
Total Expended as per
Auditor's Warrants.
...$ 1,805,137 98
.....$ 1,949,456 73
... $*2,529,686 91
Amount Taxes
A
341,979 37
349,640 96)
$ 471,697 62 )
487,319 00
401,636 66 )
1,014,682 88)
$
$
The witness then presented the proved by Gov. Clayton July 21,
following table :
1868. As passed, it was in viola-
tion of Art. VI., Sec. 10, of the
new Constitution, which reads as
follows: “The credit of the State
or counties shall never be loaned
for any purpose without the con-
sent of the people thereof ex-
pressed through the ballot box.”
The following are the salient
sections of the act:
SECTION 1. The faith and credit of the
State of Arkansas is hereby irrevocably
pledged to the issue of the bonds of the State
in the sum of one thousand dollars each, pay-
able in thirty years from date, at seven per
cent. per annum, in the sum of $15,000 per
mile for each railroad which has not received
a land grant from the United States, and
$10,000 for each railroad which has received
a land grant of the United States, on account
of which said bonds shall be due and issuable.
SEC. 9. Be it further enacted that nothing
herein shall be construed to prevent said board
of railroad commissioners from granting the
State-aid herein contemplated to the whole or
any part of any railroad in this State which
may now be unfinished, or in process of con-
*This amount does not include $200,000 in
struction.
bonds, for pay of militia and general arrears.
The last section provides for
The note appended to the table submitting the act, at the next elec-
is that of the witness. The total tion, to vote of the people by bal-
expenditure is $6,284.281.62, with lots, simply “For" or " Against"
out including the $200,000 for railroads. If there should be a
militia. In addition to the above majority of the votes “For Rail-
expenditure, plans for issuing roads,” the act should 'immediate-
bonds were devised. Measures ly become operative.'
creating a public bonded debt Under this act, which was voted
were early begun. The “ Act to upon by those allowed to register
aid in the construction of rail- and vote on Tuesday succeeding
roads," with its 'catchy' title, was the first Monday in November,
the initial enterprise, and was ap- 1868, and declared ratified, there

tus
Year. Taxable Property.
1868 | $ 68,609,716 00
69,320,426 00
69
$ 90,196,763 00
93,600,819 00
|
1870
$ 101,803,945 00
104,560,292 00
1872
1873
of the Reconstruction Period in Arkansas.
57
were issued to the following rail- “Making money, White, right
roads and projected railroads the along!” he remarked, by way of
sums annexed, bearing 7 per cent. greeting.
interest:
“Yes," returned the Secretary,
Little Rock & Ft. Smith .......... $1,000,000
"and very little will it benefit me,
and very little
Memphis & Little Rock .......... 1,200,000
only $1 per bond for my name and
the seal of the State."
Miss., Ouachita & Red River...... 600,000
“That's pretty good; about
Little Rock, P. B. & N. O......... 1,200,000
$800,” replied Montgomery en-
Arkansas Central................ 1,350,000 couragingly.
The manner of issuing these “Montgomery," said the Secre-
bonds will be illustrated by an in- tary, “these bonds will bring
juncțion suit which was instituted seventy-five per cent. easy. What
in the course of issuing the bonds a god-send for that Memphis
to the Memphis & Little Rock crowd! They are nearly starved
Railroad Company. The Secre- out. Why, their mouths are water-
tary of State, R. J. T. White, was ing; they could not bear to be
engaged in his office in counter- disappointed."
signing the bonds, then ordered “Why should they?” asked the
to be issued to that road-about Attorney-General. “ Hasn't the is-
$800,000. The bonds were beau- sue been ordered?"
tifully engraved and illuminated. “Yes," answered White; “but
The company claimed to have eigh- the ‘law's delay,' you know."
ty miles constructed -- forty-five “The law's delay?" gasped
miles from Little Rock to De Vall's Montgomery, not comprehending
Bluff, on White River, and thirty- what the Secretary meant.
five miles from Madison, on the White stared at Montgomery,
St. Francis River, to the Missis. and merely muttered:
sippi River, opposite Memphis. “I was just thinking the act
The latter section had been hastily might be unconstitutional, or rather
constructed through the bottoms, hastily passed, without the proper
so as to afford transportation in submission to the popular vote!”
1861, but had been since then un- “I begin to see a pint myself,"
used. The Secretary was con- said Montgomery, who affected
templating the pile of paper and the country dialect, “and by G-d,
musing upon the vast sum that he I think a bill will reach it, and the
was helping to create, when Mont- Chief Justice, or any of his asso-
gomery, known by the soubriquet ciate justices, has jurisdiction to
of “Pigeon Toe," then Attorney- grant an original injunction! The
General, came stumbling into the issue of these bonds will do the
office.
State irreparable injury, White,
58
The Brooks and Baxter War: a History
des
and it is my duty, as her law offi- of April 12, 1869, amended by the
cer, to prevent it!”
act of March 23, 1871. It pro-
Montgomery worked all night, vided that upon application to the
and took some counsel, and the County Court of the county in
next morning at the earliest mo- which the lands lay to be bene-
ment, with only an hour's notice fited by the draining or ditching,
to the superintendent of the road, or protection from overflow, of a
presented his petition in the name majority of the owners of the
of the State, to restrain the issu- land granted by the court, the
ance of the bonds.
Commissioner of Public Works,
But while he was arguing his if he deemed expedient after cer-
motion, the superintendent saw tain surveys and estimates, was
the Secretary, overcame his authorized to contract for levees
qualms as to the issuance of a or ditches, after due advertise-
great part of the bonds, and with- ment. Upon his certificate that
out waiting to contest the injunc- any contract had been completed,
tion, hastened out on his road with the Auditor of the State was re-
the bonds as far as De Valls Bluff, quired to issue his warrants, to be
on the way to Memphis.
denominated “Arkansas State
The restraining order was is. Levee Bonds," in sums of not less
sued, and with it, the first time in than $50, nor more than $1,000
the history of the State, the old each, to such contractor. They
writ of ne exeat regno for the were payable in thirty years, with
superintendent, who, having to interest at seven per cent., at-
wait for a boat, was duly served, tached as coupons to said bonds.
and came back with the officer. On becoming due and payable,
After several days argument of said interest to be levied upon and
counsel, however, the injunction collected from the owners of the
was dissolved, and the railroad land benefited by the building of
company got a part of the bonds any levees, or the making of any
at any rate.
ditches, the issue of 'said bonds
The Little Rock, Pine Bluff & being limited to $3,000,000. There
New Orleans Railroad Company, was no pretense that these bonds
mentioned above as getting bonds, were issued by the consent of the
received of the railroad aid-bonds voters through the ballot box.
$750,000; 'levee bonds,' $320,000; Other bonds were caused to be
Chicot County bonds, $1,000. TO-
issued by the party in power, as
tal, $1,071,000.
follows:
The levee bonds were issued
under the act of March 16, 1869, To pay" loyalists' for supplies fur-
and an act supplemental thereto n ished militia .................. $ 400,000
of the Reconstruction Period in Arkansas.
:
0
1
State Funding Bonds issued by the
public debt of the State," and ap-
Governor...................... 300,000 proved by Gov. Clayton, which
Pulaski County Bonds ............ 1,000,000 was as follows:
Chicot County Bonds ....... 400,000
SECTION 9. The Governor is hereby au-
Clark County Bonds .............. 300,000
thorized and required to fund the debt of the
Sebastian County Bonds .......... 100,000
State, consisting of bonds issued by the State
Conway County Bonds
to the Real Estate Bank, and State Bank, by
Hot Springs County Bonds.. ...... 33,000
issuing new bonds of the State in lieu of the
Other counties had outstanding bonds issued to said Real Estate and State
scrip issued in large amounts, banks.
which were bought up by specu- They were payable in thirty
lators. The appropriation bill of
years, and of $1,000 each, bearing
April 12, 1869, contains, among
interest at six per cent. per an-
many other extravagant appro num from date. The amount of
priations, the following:
the new bonds was to be the
To Merchants' National Bank, money
amount of the old bonds, with ac-
loaned to buy arms (for Clayton's
crued interest thereon.
militia).......................... $12,000 There was no actual indebted-
To Herman, Booker & Co., for arms
ness of the State as a basis for
sold State ....................... 6,000 these funding bonds. The Real
Organizing Clayton's State Guard and
Estate Bank was a private bank
Militia .......................... 10,000 to which the State had issued
To pay for Public Printing “a sufficient
July 1, 1838, its bonds, upon land
amount”........................
mortgages to the State, for $500,-
Judge McClure was president 000, stipulating on the face of
of the publishing company which them that the bonds should not be
was paid several hundred thousand sold for less than their face value.
dollars for public printing during The bank's agent pledged them to
Republican rule, with consent of the American Banking and Trust
Clayton, President Board of Pub- Company, in violation of this stipu-
lic Printing
lation, for $120,000, for his own
One of the most shameless acts
private purposes. The American
or depleting the treasury and Banking and Trust Company soon
creating a vast debt for posterity, failed, owing James Holford &
without any earthly reason in Bros., of London, $250,000. The
morals or propriety, was the fund- Holfords obtained possession of
ing of the Holford claim for $1,- these bonds, and sought to make
370,000. The funding of this their debt of the American Bank-
supposed debt was authorized by ing and Trust Company by suing
the act of April 6, 1869, entitled, the State of Arkansas for $250,000,
"An act for the funding of the and instituted two suits at lawm
60
The Brooks and Baxter War: a History
Sev
one in New York and one in Ar- posed of at less than eighty per cent. of their
kansas. The judgment of the face value.
New York court went bevond its Gov. Clayton issued these bonds
jurisdiction; that brought in Ar- for the full amount.
kansas was carried to the Supreme With all the money collected as
Court of Arkansas, which decided taxes upon an assessment of prop-,
that, while the plaintiffs might be erty which the assessor and clerk
entitled, in equity, to $121,000 and and boards of equalization were
legal interest, they had no ground rewarded to place at such a figue
of action against the State at law. as made the owners pay taxes
But Gov. Clayton approved the amounting to the double rental
act which funded these worthless
value of their own houses, there
bonds, with thirty years accrued
were deficits in the State Treasury
interest, to the amount of $1,370,-
which had to be supplied by bor-
000. There were some prominent rowing money on new bonds at
Democrats who, as lobbyists, lent
their counsels and influence to A French financier of modern
this measure.
times is represented as saying
Not only were the foregoing in-
that the art of obtaining money
terest-bearing evidences of debt,
from the people for paying public
which the property of the citizens
expenditures, is to proceed so that
was taken to pay, authorized to be
in plucking the goose you shall
issued, but the act of March 20,
not make her cry. But the carpet-
1871, empowered the Governor to
bag statesmen, looking to their
issue still others; “ to supply de-
ficits in the expenses of the State,
cries, proceeded to kill her for her
and to sustain the State credit as
golden eggs. Suffering and dis-
follows:
content were universal. The offi-
cials only were prosperous. They
SECTION 1. The Governor of the State is were unable to resist the usual in-
hereby authorized to issue three hundred in- clination to make a display of
terest-bearing bonds of the denomination of their sudden acquisitions, amidst
$1,000 each, with coupons attached, said the general poverty and gloom.
bonds to bear interest at the rate of seven per Hodges and Weeks, in charge of
cent. per annum, payable semi-annually in the the State Penitentiary under a
City of New York, principal to be paid in ten
contract that entitled them to
years after date of issue; provided, said
bonds shall only be issued and disposed of to
draw large sums from the State
Treasury, built themselves pala-
raise money to pay deficits in the State Treas-
ury arising as interest on the State debt now
tial mansions. They removed the
funded. And, provided further, that the slate roof from the Penitentiary
bonds provided for in this act shall not be dis- buildings in causing some altera-
of the Reconstruction Period in Arkansas.
tions which they saw fit to make, to a fire. I ain't never seen one
and transferred it to the roofs of ov sich weep at de confusion dey
their own residences. Senator Mc- seen dere at dat fire."
Donald and the sheriff and collec- Cattle and hogs were killed in
tor of Pulaski County, Col. Wil- such numbers, and with such im-
liam S. Oliver, built fine houses punity that planters abandoned
in the same locality-a high ridge the attempt to raise them. As-
overlooking the Arkansas River. Saults by negroes upon white
The river men called it “Robbers' women became alarmingly fre-
Roost.” Gov. Clayton purchased quent. Encouraged by the organ-
and occupied subsequently the ization of leagues' in every
house and grounds of Col. Oliver. neighborhood, and shielded by
The industries of the country their partisan officials, it was futile
upon which this partial prosperity to attempt to deter them by legal
was based began to suffer a gen proceedings. The whites in the
eral decline. The cotton crops neighborhood saw the necessity
fell short. The freedmen, who of organizing for self protection.
alone could be employed to work This began in localities at first, as
them, because white laborers a sort of patrol, independent of
would not work with their families any .general plan. Knowing the
in proximity to them, had become innate superstition of the blacks-
disorderly and unmanageable. The their belief in evil spirits and spec-
mules furnished them by the land- tres that came out of their graves
owners were ridden down and the at night-and wishing to frighten
provender exhausted, in attending them into desisting from their
political celebrations and meetings night-raiding, the patrol carried
of the Union League, at which white dominoes and paper caps,
they were inspired to distrust their in which they appeared in the
white landlords and look to a di- thickets at night, at such times as
vision of their property among were deemed opportune, and crea-
themselves. They were plainly ted great consternation, not only
told that the policy of oppressive among the negroes, but their white
taxation they witnessed meant leaders, who saw their influence
confiscation. The freedmen be- declining under this new method
came insolent, and, in many in- of 'intimidation. No one was
stances, threatening to a degree more deeply agitated by these
that caused their white neighbors demonstrations than the Governor.
anxiety for their personal safety. Thoughtless writers invented
Jack Agery, coal-black orator stories of mysterious processions
and humorist, said: “A man dat of ghostly riders, and published
has not got nothin', always runs them embellished with cuts of
62
The Brooks and Baxter War: a History
skulls and cross-bones, and grue- of his disaffection. One day, as
some warnings, signed “K.K.K.," he walked along Markham street,
and gave accounts of fabulous he said to me, pointing to the
organizations of the “Ku-Klux State house: “I am going to the
Klan.”
country in a few days, and I de-
Governor Clayton took to him- vote that establishment to the in-
self credit for 'executive ability, fernal gods.” Hinds indulged in
rather than legislative. He who quasi-heroics, and was nothing if
governs firmly without violating not 'classical.' “Yes," said he,
the laws, without friction or un- "those fellows have builded upon
necessary violence, may claim to my foundations; they have reaped
be endowed with executive ability. what I have sown. They plant a
The best machinist is he whose little whirlwind for me now, and
engine is run the most smoothly. they shall reap a cyclone. I am a
The best government is that which cyclone producer, Raynor, and
is felt, not seen. It was this quality they know it!” Hinds and the
in our government which De Toc- Rev. Jos. Brooks, as a matter of
queville most admired--the ab- fact, did go to the country in a
sence, everywhere, of soldiers and few days. Somewhere on White
badges of authority. It is irony River they were fired upon from
to call that man an able 'execu- ambush. Hinds was killed in-
tive' who overcomes opposition stantly. Brooks was severely
through lawless measures of anni- wounded and repeatedly fired
hilation. “He made a solitude upon, saving himself by the speed
and called it peace,” is said of an of his horse. This atrocious mur-
ancient tyrant. M. Guillotin in- der was proclaimed at once from
vented an automatic ' executive. the State house, to be the deed of
It never occurred to Clayton that the Ku-Klux Klan. Disown it as
he was just such an executive' much as the Democracy might by
as this fatal machine set up by resolutions and editorial disa-
Robespierre, Danton and St. vowals and denunciations, it was
Just; or that eventually, as did religiously ascribed tHroughout
they, his party would look through the land and in the halls of the
the little window,' and his own Congress, where the murdered
executive head 'sneeze in the sack.' man was entitled to a seat, as the
There were those of his own diabolical work of the “Ku-Klux
party who had, in some way, taken Democracy." Hinds' body lay in
deep umbrage at the Governor state in Washington, while the
and his State-house satellites. North, without regard to party,
James Hinds, member elect to shuddered at the cruel political
Congress, made no concealment assassination. No one was eve
of the Reconstruction Period in Arkansas.
63
Arkan The sident
arrested or punished for the das for the offices of President and
tardly deed. I have never heard Vice-President. The respective
that any one was suspected, be- tickets for Arkansas were as fol-
yond some unheeded assertions lows:
that Hinds was killed by men of Republican Ticket--For Presi.
his own party. Gen. Thomas C.. dent, Gen. Ulysses S. Grant, of
Hindman, the ex-Confederate gen- Illinois; for Vice-President,
eral, an ex-member of Congress, Schuyler Colfax, of Indiana. For
distinguished in the political his- Electors at Large: Wm. H. Grey,
tory of the State, was shot at of Phillips County; O. A. Hadley,
night through the window of his of Pulaski County For District
residence, at Helena, about the Electors: Ist District, J. Pat Far-
same time. His assassination is relly; 2d District, 0. P. Snyder;
the identity of the perpetrator Democratic Ticket--For Presi-
and the motive. Gen. Hindman dent, Horatio Seymour, of New
was an ardent Democrat, a man York; for Vice-President, Francis
of splendid attainments and ability. P. Blair, Jr., of Missouri. For Elec-
He was a most efficient political tors at Large: Robert S. Gantt,
leader, and, at the time of his of Pulaski County ; John R. Fel-
death, was actively organizing the lows, of Ouachita County. For
negroes along the Mississippi District Electors: Ist District, W.
River for coöperation with the W. Drummond; 2d District, Met..
Democratic party.
L. Jones; 3d District, W. D.
The Democratic leaders greatly Jacoway.
deplored these disastrous events; Before putting out the Demo-
the assassination of Hinds being cratic ticket for President and
particularly injurious to the cause Vice-President, the Democratic
of Democracy throughout the State Central Committee, after
United States. The body of the due deliberation, resolved to coun-
Congressman-elect was taken to sel the members of its party to
Washington, where it lay in state take the oath prescribed by the
in the hall of Representatives. Constitution lately declared in
Expressions of indignation filled force, and register and vote at this
the newspapers at the deep damna- election. It would otherwise have
tion of his taking off-and just been absurd to nominate candi-
upon the eve of a Presidential dates for Democratic electors,
election. Grant and Colfax had with the entire party disfranchised
been nominated by the Republi on account of its previous vote
can National Convention, and against the Constitution. The
Seymour and Blair by Demcrats, committee issued its address, call-
64
The Brooks and Baxter War: a History
ing upon Democrats to register the precedents of despotism become authority
for the coming election. The on this side of the Atlantic. If radicalism is
oath was exceedingly distasteful,
to rule the North; if all the isms of a cor-
and was, to some extent, miscon-
rupted and putrid puritanism are to legislate
for the South in Congress, and the South is to
strued. Without a party vote,
be the bastard brother of the North, setting
however, the Democracy could
below the salt and eating the bread of degra-
never wield a party influence.
dation, do you not wish for Southern inde-
However serious the dissensions
pendence? Do you not wish that, to keep out
in Republican ranks upon a divis of the South the idolatrous, abominations
ion into factions of that party, political and social-of the Northern States,
there would be no vote outside of there were a line between us and them which
the Republican party to go to for the devilish emissaries of mischief and
assistance. There were no in-
malevolence could not cross? Or, are you so
ducements for disaffected Repub-
much in shame and dishonor as to wish, out
licans to make overtures for Dem-
of your intense love for a Union you lately
detested, and a flag that only a little while
ocratic votes, where there would
ago you said was a symbol of oppression, as
be no Democratic votes. Citizens
to be willing that the South should be forever
must register or retire from par-
tied, limb to limb and bosom to bosom, to the
ticipation in their State govern. North, as the living and the dead were tied
ment. But the proposition of the together by Mezentius?
committee met with formidable "O speak with bated breath and crook the
opposition. Some of the ablest pregnant hinges of the knee before your con-
and most respected members of querors, who never conquered you in verity
the party rejected it. Gen. Albert until now! Swear oaths that you do not
Pike, at that time editor of the
mean to keep, and advise a whole people to
time-honored Memphis Appeal,
commit rank and damnable perjury! It will
be profitable. There is no God, or if there is,
denounced the recommendation
He has forgotten how to punish crime. Down
in the strongest terms. Comment-
on your knees, and with the edge of the
ing upon a speech of the secre-
scimitar on your neck, swear an oath which
tary of the committee, which was
in earnest support of the commit- honoring to one who remembers that his an-
tee's address in the 5th September cestors were freemen!
issue of the Appeal, he wrote:
*Some gentlemen, and among the rest Col.
* The man who advises the people to such
J. M. Harrell, of Little Rock, are laying up
course will, indeed, 'build his coffin' and find
for themselves wrath against the day of wrath.
death a relief from the ignominy that will
overwhelm all such counselors.
" It was Mr. Jefferson, we believe, who wish-
“I will be a swift witness against the false
ed that a sea of fire separated America from
swearers, saith the Lord of Hosts.'
“They have spoken words swearing falsely ·
Europe, that American republicanism might in making a covenant: thus judgment spring-
not be corrupted by European examples, nor eth up as hemlock in the furrows of the field.'
disa
of the Reconstruction Period in Arkansas.
65
“If the people of Arkansas permit them have I done, to provoke the heated tirade of
selves to be led into the great sin and shame the editor of the Appeal which professes to
to which they are tempted, they will cheat be a Democratic journal? The committee
themselves and afterwards find that no per- appointed by a State convention of the De-
manent profit or advantage can be reaped by mocracy of Arkansas found it necessary, after
a people from an act for which its own con- the adjournment of the New York conven-
science will in vain labor to find a sufficient tion, to consider the course of policy they felt
cause. That which is right, and just, and called upon to indicate to the party in Ar-
true, is only profitable, in the end, to men orkansas. It being impossible for them to con-
nations."
sult Gen. Pike, in Tennessee, for want of time
and opportunity, they determined, after a
Gen. Pike had been an officer patient discussion of the questions involved,
in command of Arkansas cavalry to recommend to all who could do so, to
in the Mexican war, a Confederate qualify, register and vote under existing laws.
general, a lawyer of splendid These laws prescribe, as a condition of suf-
ability, a poet of acknowledged frage, an oath to accept the political equality
genius, since his “Hymns to the of all men, and to promise not to deprive
Gods" were published in Black-
'any person on account of race, of any priv-
ilege enjoyed by any other class of men. The
wood's Edinburgh Magazine, con-
New York platform declares that the authority
temporaneously with Tennyson's
for the enforcement of these laws had no
“Locksley Hall,” than which they
warrant in the Constitution, and are void. All
are scarcely less inspired and fin- men recognize them as an unlawful artifice, if
ished, and his paper, the famous
only a temporary one, for preserving to the
Memphis Appeal, circulated wide- radical party at Washington the control of the
ly among the steadfast Democracy Government, and to its emissaries in the
of Arkansas. His article created States, North and South, the power of en-
a sensation. It was in unreserved riching themselves, hy a wholesale system of
repudiation of the policy which, taxation and spoliation, which, in the Southern
after anxious days of considera-
States, amounts to the ruin of every material
interest. In the meantime the elections are
tion, the Democratic Central Com-
at hand upon which the perpetuation or failure
mittee had resolved to adopt.
of this unholy usurpation is to turn. By
They should not be expected to
taking the oath in Arkansas the scheme might
countermand their policy. Their be defeated, and by no other means, and her
secretary undertook to answer five electoral votes contributed to secure the
Gen. Pike's declaration of inde- desired result. This is the high inducement,
pendence. After some references and no sacrifice is demanded, except as to
to the General's 'recalcitrations, feelings of taste, or upon mere questions of
political and military, in bygone deportment. The equality of all men' is sus-
days, the answer to his article tained just as well, and better, if no practical
upon the point in controversy, was
means are taken to resist the power by which
as follows:
the usurpers are to be sustained, whether we
accept it or not. Nor are we any the more
But what has the committee done what likely to make any forcible or otherwise un-
66
The Brooks and Baxter War: a History
lawful attempt to deprive 'any person' of a
privilege enjoyed by other persons, whether
we promise or not. The State Constitution
which we swear to support at the time of
taking the oath, to say nothing of the allegie
ance to the Constitution of the United States,
which the oath implies, provides in the very first
section that the people possess the right which
in all free constitutions is declared to be in-
alienable, "to alter, or reform it, whenever
the public good may require it."
There is no man who is not disfranchised
by the military bills (and they, having per-
formed their office in the formation of the
present Constitution of State, are functus
officio in Arkansas, and dead), who cannot
conscientiously take the oath required, under
the circumstances. No option is left him, if
he would participate in the direction of the
Government over him and exercise his right
as a citizen in aiding to alter bad laws, when
found to be such, and reforming abuses when
they ought no. longer to be borne. .
Is not this wiser than to sit sulking in the
pride of prejudice and be plundered, when no
other hope of relief presents itself; when the
Democracy of the Northern States call on us
to perform the duty we took upon ourselves
when we entered into the New York Conven-
tion the 4th of last July? The ungracious
pastor in Tennessee quotes scripture and reads
lessons of morality from the fathers of the
Inquisition to the Democracy of Arkansas,
Whilst, like a puffed and reckless libertine,
Himself the primrose path of dalliance leads,
And recks not his own rede.”
The people in Arkansas are in a far greater
extremity than he, when obtaining from Presi-
dent Johnson his special pardon, he took the
oath of allegiance a year or two ago, forget-
ting which he now asks us if we do not wish
for Southern independence! I will make him
bushim
no other answer than is contained in the fa-
miliar replies of Rome's old Cato, and Lucius,
refusing their swords to Sempronius, who
proclaimed: “My voice is still for war!"
Gen. Pike may seek to wear as gracefully as
he may the classic drapery of the great moral-
ists, Descartes, Pascal, La Bruyere. He ad-
dresses us in the language of Condillac, who
said, “All metaphysicians have bewildered
themselves in enchanted worlds. I alone have
discovered truth. My science is of the high-
es, utility. I am going to explain to you the
nature of conscience, of attention, of recollec-
tion." But we, the people of Arkansas, ask
to be spared the teaching which has not been
practiced by him who offers it. Rather let us
wish the poet-sage who once lived amongst
and was honored by us, the enjoyment of that
pleasure extolled by Lucretius: “It is a pleas-
ant thing from the shore to behold 'the dan-
gers of another upon the mighty ocean, when
the winds are lashing the main; since nothing
is more delightful than to occupy the elevated
temples of the wise, well fortified by tranquil
learning, whence you may be able to look
down upon others, and see them straying in
search of the path of life.”
It would surely afford much purer enjoy-
ment than entering uncertain contests unin-
vited by those who may be sought to be
benefited, to be provoked by their want of ap-
preciation, and injure them, with the stings of
writings and speeches which remind us of
those of the bees in Virgil. “Animasque in
vulnere ponunt.”
The people, regardless of these
criticisms, registered with great
unanimity, and were ready to vote
at the Presidential election on
Tuesday, the 3d day of November,
1868, when the following letter
was found in the hands of mem-
bers of the Legislature:
"Copy of Letter White dicta
(Copy of Letter Written to All the Members of the
Legislature.)
NOVEMBER 1, 1868.
Dear Sir :-I am led to believe that it will
be absolutely necessary to proclaim martial
of the Reconstruction Period in Arkansas.
67
law in several counties in the State. These
counties are now in a state of insurrection,
and the civil authorities in them are utterly
powerless to preserve order and protect the
lives of the citizens. Many officers and citi-
zens in these counties have been assassinated
or driven away, and a reign of terror is now
existing in them. I have consulted with the
State officers and the representative men in
the city, and they unanimously agree with me
that this is the only course that can be pursued,
that will put an end to these existing evils,
and I now communicate with you for the pur-
pose of obtaining your views upon the subject,
and your coöperation and assistance in re-
storing the civil authority and bringing to
punishment the violators of the public peace.
I urge upon you the necessity of coming
here soon after the election, as it is believed
that a concerted effort will be made to so
diminish the number of the members of the
Legislature as to prevent there being a quo-
rum. If your views coincide with mine as to
the expediency and necessity of this course, I
trust you will use all your influence to assist
in the organization of the State Guards. The
success of this movement depends very great-
ly upon the promptness and dispatch with
which it is carried out. A decided and prompt
effort will, in my opinion, settle the difficulty
within thirty days.
Awaiting your reply, I am very respectfully
yours, etc.,
POWELL CLAYTON,
Governor of Arkansas,
State, at the same time that they were contri-
buting to their private fortunes.
There was then one line of railroad, only, in
the State, running from Little Rock to DeVall's
Bluff, on White River. This was soon extend-
ed to Memphis, by assistance of the Railroad
Aid Bonds. The line of railway, projected by
Stephen A. Douglas, from Cairo on the Miss-
issippi, to Fulton on Red River, with a branch
from Little Rock up the Valley of the Arkan-
sas to Fort Smith, endowed with a grant of
government land, of alternate sections twenty
miles on each side of the main line and the
branch, was begun; and the value of this mag-
nificent grant was utilized through these finan-
cial operations. They facilitated the transpor-
tation of produce; have built up some small
towns, and added to the population of Little
Rock at the rate of about one thousand inhab-
itants yearly. An asylum for the blind was
erected at considerable cost.
Much of the money raised upon the securi-
ties may have gone into the hands of priva'.
promoters. It was the era of credit mobilier,
which destroyed Colfax and imperiled Gar-
field. The Governor issued the bonds; some
of them went into the hands of Josiah Cald-
well and Warren Fisher, who charged Speaker
Blaine with getting some of them. But the
work done was valuable, and under Democrat-
ic administrations has added $15,000,000 to
the assessable property of the State. H.
FIFTH PAPER.
NOTE.—The author did not intend to leave it
to be inferred that the money thus to be obtain-
ed upon pledges of the property and industries
of the people was to be expended without bene-
fit to the State by the new officials, and only for
their personal ends. The Governor and his
coterie are to be credited with the purpose of
favoring improvements for the promotion of
the commercial and industrial interests of the
“I'm a jay-hawk that's crested, I am;
I'm a blizzard that's tested, I am;
I'm the boss of the melish,
I can croak whom I wish;
I'm a Gov'nor, I'm a daisy, I am.”
-Puck.
Whether or not it is my prov-
vince to declare the motives which
impelled the performances of the
68
The Brooks and Baxter IVar: a History
actors in this real life drama, as the dealing, which quickly won and
historian of the direful events. that entitled him to the confidence of
followed the installation of Powell the people.
Clayton as Governor of Arkansas, Gen. Clayton had been prudent
I shall indulge in no invectives, in his cotton investments while in
but leave facts to speak for them- command on the Arkansas River.
selves, and the intelligent reader With the proceeds he purchased a
to make his own deductions. plantation from a shrewd old dem-
Should the narrator of human ocratic capitalist of Nashville, Ten-
events essay to judge' the inten- nessee, and must have been annoy-
tions of their agents, the beam in ed to find, after his purchase, that
his own eye might be of huge pro- it was upon a 'caving bank of the
portions, and he unable to accom- river, and that the best prepared
plish the feat of 'casting it out,' land was rapidly washing into the
that he might see clearly 'the mote muddy stream. Upon the return
that is in his own eye.'
of the Confederates, after peace
The comments of eye-witnesses was declared, he was profuse in
and utterances of the other drama- his expressions of devotion to the
tis personæ are proper to be in- Democratic party, and hastened to
troduced as evidence to be weigh- announce his willingness to repre-
ed by the circumstances of their sent the party of his district in
situation.
Congress. He was keenly stung
What passions or purposes act by the ill-concealed scorn with
uated the newly-appointed Gov- which his overtures were rejected
ernor in the course he adopted by the Democratic leaders. The
toward the people of the State, is whimsical accounts which he saw
the subject of legitimate inquiry in the newspapers of a mythical
to the reading public. General organization, whose members were
Sherman was as brave, and a great said to rise up out of the stumps
er soldier, yet he gave liberal terms and fence corners, with tall white
to a vanquished enemy, and utter hats, and who could drink whole
ed words of sympathy and encour- pailfulls of water at a single gulp,
agement to a people petitioning and were described as a terror to
for relief from political oppressions the negroes, called the 'Ku-Klux-
-technical, rather than actual. es,' suggested to the Governor the
Governor Murphy had spoken justification of exercising arbitrary
with much spleen against 'rebels' power through military displays,
and their sympathizers--of whom in which he felt himself at home,
at one time he professed to be one; and whereby he might gratify his
but all his acts, as Governor, were resentment of all the slights and
characterized by clemency and fair injuries he had received at the
of the Reconstruction Period in Arkansas.
69
hands of his quondam party asso- Cæsarian malady, if I may accept
ciates. If he could put his State the evidence of a writer who knew
government on a military, footing, him well and had just visited him
like the doctor who cured 'fits' at Little Rock, and whose estimate
only, he was sure of his ability to of him was published in a letter
govern.
to the Louisville Courier-journal,
There was really no organiza- January 25, 1869, over the nom de
tion of the “Ku-Klux-Klan” in the plume of "A Fair Minded Carpet-
State of Arkansas. There were Bagger.” The letter is in itself
sporadic attempts at 'the for proof that it could not have been
mation of some such organiza- written by an ex-Confederate, be-
tion, but they came to naught. cause it shows a familiarity with
That the extensive organization the Governor's army experience
throughout the State of negroes and associations not known to
and strangers, known as the Confederates, or to any but those
Union League, suggested secret who had served with him. It is
associations of whites was natural the product of a man of high at-
to the inhabitants of localities tainments which he could only
where they were in the minority; have acquired by means of some
but no practical steps were taken such advantages as the writer
when it was observed that the claims to have enjoyed, and who
Union League, as an association, shows an ability that would have
committed no overt acts of injury enabled him to discern and ana-
to the white inhabitants, or their lyze the feelings and purposes of
property.
his former superior in his new po-
The autocratic powers confided sition. I take the following ex-
to him by the State Constitution, tracts from that letter:
easily tempted the new Executive, “I served with Governor Clayton during
filled with visions of wealth and the war. I was born in Massachusetts. I was
political distinction, to indulge in educated at Harvard, and have always been a
excesses. Such power has caused Republican. I voted for Fremont-twice for
irresponsible rulers uniformly to Lincoln, and recently for Gen. Grant--for
play such fantastic tricks, that it President. My purpose is to give a fair no-
is recognized as a form of insanity,
tion of the condition of affairs in Arkansas.
and is known as the Cæsarian
That condition is terrible. Nothing like it
malady, and has done more to
exists this side of the Cretan Islands. Com-
mon, every-day events remind me of the reign
devastate States and cause misery
of Warren Hastings, in India, or of Musta-
to the peoples than plagues, pesti-
pha Asaph, in Greece!
lence or famine.
“During the rebellion, Clayton commanded
Governor Clayton was not long a brigade of the best cavalry in the Union
in manifesting symptoms of the service, and commanded with vigor. After
70
The Brooks and Baxter War: a History
the peace, he tried conservatism; found it his scythe over the land, and reap a full har-
unsuited to his purpose; plunged into radical vest of blood, which is the cement of his
ism, and now openly declares his purpose to power."
depopulate the State and repeople it with
As I have said, Clayton was no
loyal negroes. Tranquillity would be fatal to
his plan. The distance between him and
coward. His exhibition of appre-
Washington; the friendliness of the Govern- nension at the existence of th
ment; the ease with which his acts may be Ku-Klux must have been simulat-
concealed, and the acts of the people misrep- ed. He had his spy in the only
resented, make him bold and careless. He lodge ever organized in Little
knows his game. He has studied the ground. Rock, and he knew that it held
And he will not fail. Indeed, I see no help but one meeting; that it never
for Arkansas. Nothing this side of disorgan- took the slightest action of any
ization and reorganization of society will suf- kind, and disbanded. He knew
fice, and this can only be the work of years.
all that went on in the society of
* * * "Old party differences have noth- the “Knights of the White Came-
ing to do with the matter. The term “rebel' lia,' organized afterwards, and that
is used only as a pretext. One of Governor this latter organization, although
Clayton's agents is a rebel bushwhacker whom
it met oftener and enrolled, indis-
I captured and tried by drum-head court-
criminately, all who applied, was
martial in 1864. He escaped my halter to be-
as lifeless and impracticable as the
come the surer prey of my superior officer,
former.
whose confidential friend he is now, and has
been for months. The very meanest cut- As insincere as was his secret
throat in all the militia was a prviate in Ter- circular to the members of his
ry's body-guard and afterwards a scout for Legislature, telling them that there
Wharton and Harrison !
was a conspiracy to assassinate a
“One of John Brown's cronies, who went sufficient number of them to de-
from New Hampshire, in 1857, with a Sharpe's feat a quorum, must have been his
rifle; served faithfully through the war as a letter to Gen. Smith, the U. S.
Union soldier, and who had settled down, Military Commander of the Dis-
with a wife and a farm, was recently mur-
trict, of which the following is a
dered by a negro militiaman. This negro
copy:
militiaman had been a hostler for Kirby
Smith, and had killed, as he says, 'many and
“ LITTLE ROCK, ARK., Nov. 6, 1868.
many a Yankee.'
BREVET MAJ. GEN. C. H. SMITH,
“These are facts, and I give them for what
Commanding District of Arkansas:
they are worth. I do not say the people are Dear Sir,-In compliance with your re-
unoffending. They resist as desperate men quest, I herewith send you a copy of your let-
only can resist. But if they did not, it would ter of October 3d, and in reply to your com-
be all the same. Clayton's policy is extermi- munication wish to say, that I did not regard
nation. Nothing can divert him. He is not my letter as a private one, as it treated entirely
a milk-sop, but a man of genius, and the field of public business. I think that upon a re-
is fruitful. All that he has to do is to pass examination of it you will see that it clearly
of the Reconstruction Period in Arkansas.
71
indicates that martial law is the only remedy Sheriffs in the outlying counties
for the condition of affairs in the helpless were seizing every pretext for
communities referred to. I regret very much calling out the militia.' Although
that we differ in opinion, as the knowledge of
it was in the midst of an election
that fact, if it be known, will of itself have a
very detrimental effect. The opposition can-
canvass, any insignificant disturb-
not be overcome execpt by an unconditional
ance, less serious than city police-
surrender of principle, which I am unwilling men are called on to suppress
to make.
daily, was exaggerated into an
“By direction of the Governor.
'outrage,' or an uprising,' attrib-
J. H. BARTON, uted to the spirit of rebellion'
Private Secretary. still cherished by the ex-Confede-
He had resolved to be sole com- rates. The Governor acted as if
mander. But he must propitiate he invited public tumults, and
the Federal power. Menaces of eagerly made capital of them, and
martial law were made before the omitted no means to magnify their
Presidential and Congressional importance. Native Governors
elections of November 3d. They would have pursued the opposite
were intimidating to the Conserv course, and earnestly striven to
atives, in the extreme, and to such preserve peace and prevent false
negroes as would have acted with rumors calculated to retard the
with the Conservatives, and pre growth of the State.
vented a full vote of 'the opposi- A petty prosecution in Conway
county was nurtured into propor-
Never were a people less pre- tions far beyond the exciting cau-
pared or less inclined than the ses, and made the name of Clay-
people of Arkansas to enter into ton in that county synonymous
a conflict with these dual forces. with deceit and cruelty-to remain
They well knew that the carpet- forever odious. It grew out of the
bag government would be sus killing, by one negro, of another
tained by the government at Wash negro's dog.
ington, and that any excesses of 'Lone' was the name of the
the former would be excused by negro accused. He had been the
the latter, or if reproved, would slave of Anderson Gordon, an ex-
be reproved as a parent corrects Confederate Colonel, in Cabell's
a favorite child. The people of brigade. Lone was accused by a
the South had no longer their negro from the plantations of
State establishments, within which shooting his dog, was arrested and
to withstand encroachments of carried before 'Squire Humphreys,
power from any quarter.
a reconstruction office-holder, as
The Governor had not been for a criminal offence. I cannot
three months in office when his imagine how the act could have
tion.
72
The Brooks and Baxter War: a History
had held mes on the plantear that
isburg, ana merchandizing ath was
been made the subject of a crimi- Early in the following week, it
nal warrant. He was arrested, how- was rumored in Lewisburg that «
ever, and went to his old master the negroes on the plantations
for assistance. Col. Gordon was had held meetings and resolved to
engaged in merchandizing at Lew- ‘mob' Lewisburg on a certain
isburg, and had no experience as night. The towns people prepared
a lawyer, but he responded prompt- for defence, and placed pickets on
ly, and consulted John L. Matth- the road leading into the town.
ews, the prosecuting attorney, an The commander of one of the
appointee of the Governor, living picket posts, after waiting, some
in the town, who said he was sick, time, departed from his instruc-
and did not appear at the trial. tions, and led his men in the night
Upon the evidence of the pros some distance east of the town,
ecuting witnesses— no evidence to reconnoitre. About five miles
being introduced by the defence from the town his party was fired
Lone was discharged. But in a upon from thefence corners. Thos.
few days he was again arrested Burchfield, an ex-Confederate
upon a warrant drawn by the pros- who had lost an arm at Oak Hills
ecuting attorney (for shooting a (or Wilson's Creek), was mortally
dog), and a large number of ne- wounded, and several horses were
groes, as witnesses, from the plant- killed by the ambuscade. Burch-
ations made their appearance, all field lived about a week, and died
armed. At the suggestion of Dr. of his wounds.
E. W. Adams, that so many armed News of this disturbance and
men about a court ought not to consequentexcitement was report-
be permitted, the negroes were ed at Little Rock. The Governor
persuaded to deposit their guns and Mr. A. H. Garland, accom-
in a drug store (which was kept panied by citizens of both politi-
by a Republican), and the trial cal parties, went on a steamer to
proceeded, resulting again in Lewisburg. A force of militia was
Lone's acquittal. Some of both ordered from Little Rock to Lew-
races drank whisky on the occa- isburg by land. The Governor and
sion, and when the negroes called his party, by steamboat, arrived
for their guns to go home, a num- at the town, and witnessing the
ber of them were refused permis- disposition of the citizens, after
sion'to take their guns away—that speeches by the Governor and Mr.
day, and told to come back for Garland, with mutual explanations
them on some other day. Those and assurances, the Governor de-
who were refused went home angry, clared the trouble over, and sent
and caused dissatisfaction among orders to arrest the march of the
their fellows on the plantations. armed force on the way from Lit-
of the Reconstruction Period in Arkansas.
73
tle Rock. But to no one did he Matthews. Hooper, never having
make known the fact that he had engaged in the war, was tied upon
ordered militia from Springfield, his horse and taken down into the
the county seat, in the hills, thirty 'bottoms,' near Plummersville, on
miles northeast of Lewisburg, also pretense that he was being carried
to march upon Lewisburg. Dur- to jail at Springfield. After being
ing the day, citizens rode into 'tantalized' all day by his merci-
Lewisburg announcing the ap- less captors, he was finally shot
proach of this force, under the to death and his body left welter-
lead of the Sheriff and Matthews, ing in the country road. There
the prosecuting attorney.
was no military commission or
The Governor, before embark civil arrests ordered for the pun-
ing on his return by the steamer, ishment of this causeless crime.
gave sealed orders directed to Fulton County is in a hilly but fer-
Matthews and the Sheriff, to dis- tile region, on the Missouri border,
band their men and go back to and had, according to the census
Springfield. The orders were de- returns of 1860, only eighty ne-
livered to them by citizen messen- groes of all ages; in 1870, only
gers. The Sheriff promptly dis- thirty-five. It was in the judicial
banded his force. Matthews and circuit of which Elisha Baxter was
the men under him refused at first, judge in 1868, appointed by Gov.
but concluded before reaching the Clayton. Upon the organization
town to obey the orders. They of a Democratic club by ex-Con-
had entered into transactions, up- federates, which the Sheriff, E. W.
on leaving Springfield, for the sale Spears, pretended to believe was
of the coffee and dry goods they a lodge of the ‘Ku-klux,' he called
were to bring back from the loot- out the militia and sent squads of
ing of Lewisburg. This became them scouting through the farms
known to citizens of Lewisburg, of citizens. By his direction, one
and Matthews was severely de Simpson Mason, a border marau-
nounced by them.
der during the war, went on a scout
He had come to the State, dur- to the neighborhood of Col. Tracy,
ing the war, from Kansas, and was an ex-Confederate, and on Sep-
a favorite with the Governor.' tember 19, 1868, proceeded with a
Old man’ Hooper, who was a band of mounted men in the direc-
neighbor of Burchfield, the man tion of Bennett's Bayou precinct.
wounded in the ambuscade, said Within three miles of that place
that Matthews had instigated the (Harlen's store), his company was
negroes to arm themselves, and fired upon from the bushes, and
was with them in the ambuscade. Simpson Mason was killed. His
Hooper was arrested by order of escort fled, leaving his body in the
The Brooks and Baxter War: a History
road. The fleeing militiamen went a talk, it was agreed between him
to the house of Houston Thomp- and the Sheriff that he and his men
son, and ordered him to get the should be sworn in' as Fulton
body, money and arms of Mason, County militia.
and keep them until their return, Captain Flutey left them to go
saying, “It was the d-d Tracy home, and on his way stopped at
crew, and the killing had only just Noah L. Baker's for dinner; and
begun."
about the same time Col. Tracy
About the third day following, also rode up to Baker's. He said
the Sheriff assembled thirty men to the militiamen, that he under-
near Talbott's Mill, whence they stood they had a warrant for him,
went to the house of Capt. N. H. and he had followed them to give
Tracy. Not finding him at home, himself up and demand a trial.
they arrested Joe. H. Tracy, and But Flutey informed him of Monks
took him with them to the home of and Allsop being at Harlen's, and
Mr: Uriah B. Bush, ten miles dis- told him that if they laid hands on
tant, and arrested Bush while plow- him they would kill him without
ing in his field. Capt. T. C. Flutey any trial. Tracy said they should
and T. W. Baker rode up and pro- not take him, but told one of the
tested against the 'scouting of the militiamen, named Smiley, to find
county by the militia.' Capt. Flu- the Sheriff, and tell him that he,
ty told the Sheriff that he would Tracy, desired to meet him in pri-
vouch for his being able to arrest, vate, and would wait for him there.
unassisted, any man in the county; After Smiley left, Col. Tracy rode
that if it was Col. Tracy he was upon a ridge commanding a view
after, and he had a warrant for of the Baker place.
him, and would guarantee to pro- When Smiley came back, in-
tect and insure him a fair trial, he, stead of the Sheriff, he was accom-
Flutey, would vouch for the peace- panied by Monks and forty mount-
able arrest of Tracy. The Sheriff ed men, who made a dash at the
gave his verbal guaranty, and the house, expecting to surround Col.
force went to Col. Tracy's house, Tracy. But he seeing them from
but found only his wife there, who his look-out, made his way out of
told them her husband would be danger. Monks sent a scout from
at home, or at Capt. Tracy's dur there who arrested Capt. Bryant,
ing that day.
and brought him in.
While they were standing upon The account of these events is
the porch of Col. Tracy's house, an abbreviation of the statement
Capt. Wm. Monks, a noted Union of J. H. Tracy and N. E. Baker,
'bushwacker,' of Missouri, rode which was published in the North
up, with sixty Missourians. After Arkansas Times, October 10, 1868,
of the Reconstruction Period in Arkansas.
75
edited by Charles Maxwell. The
conclusion of the statement I copy
literally, in the language of the
writers :
“Monks and his men then commenced
scouting the country, destroying forage, riding
over yards, feeding and camping around
houses. They took upper and sole-leather,
tobacco, horse-shoes and nails, without paying
for them, from Harlen's store; made a guardo
house of Harlen's dwelling, and compelled his
wife to cook for them and the prisoners: On
Saturday Monks called on all the men who
were in favor of killing the prisoners to fall
into line. About seventy responded; but ten
or fifteen refused to fall in. At this the Sheriff
protested, and said, “They are my men, and
I do not want them hurt.” Monks replied
that "he would do as he d-d please, and
ordered Capt. Bryant and U. B. Bush to
bring forward the men who committed the
murder by Monday at 2 o'clock in the after
noon, or the prisoners should be killed. A
scout brought in Archer and Hunter, who had
been arrested at their homes, but left there—
Hunter, on account of sickness, and Archer,
because of his blindness. The Sheriff then
went away, leaving the prisoners in the hands
of the mob, and never went back to see what
had become of them, saying he was afraid
they would kill him also.
“Saturday, at 2 o'clock p. m., they broke
up camp at Harlen's and moved up to Col.
Tracy's place. They took possession of the
house and drove his family into the kitchen,
ordering his wife and mother-in-law, Mrs.
Pickrue, to go to cooking, or they “would
burn the last d—d thing on the place." They
chained U. B. Bush with a log-chain upon one
of the beds, and pitched into Tracy's papers
and books, and made a general smash of
them; tore up his buggy and threw it into a
mill-pond; took all the mill-irons, augers and
tools they could find, and threw them away;
fed away and destroyed about 4,000 bundles
of oats; about 200 bushels of corn, and cut
and destroyed corn yet in the field; took and
destroyed some thirty bee-hives; killed all the
chickens, and smashed up things generally,
to the damage of Tracy, of between seven
hundred and a thousand dollars.
“They took out Capt. Bryant; hung him up
by the neck, and told him if he did not say
that certain parties killed Mason, they would
kill him, but if he would implicate certain par-
ties, he should be released. At last, to save
his life, he told them any and everything they
asked him-so he told Bush, when they again
turned him into the guard-house. Said he to
Bush: "I have been nearly killed by these
men, and to save my life I have told an awful
tale. I had to tell them that you did assist
in killing Mason, and the only chance for
you, is to do as I have done,-lie out of it the
best you can, and get out of this place.'
“Bryant was sent out with an escort, and
they reported that he made his escape.'
They arrested one B. T. Deshazo, a very
harmless citizen, and tied a rope around his
neck, surrounded him with pistols cocked, and
told him if he did not acknowledge that Col.
Tracy, Capt. Tracy, T. W. Baker, U. B. Bush,
and Capt Bryant did the murder, they would
kill him; but if he would tell, they would
turn him loose. He protested to the last that
he knew nothing about it. They abused him
very badly. They then caught up Deshazo's
little brother and would write out just the evi-
dence they wanted, and ask him if it was not
so? The little fellow would say what they
wanted him to say, and they would come in
and tell a prisoner that a certain one had
sworn to statements implicating him, and he
had as well acknowledge, etc. Some times,
some of the guards would get an opportunity,
and tell the prisoners that nobody had so
sworn, and not to acknowledge anything.
“Things went on this way, and they had
prolonged Bush's life, until about dark, Mon-
76
The Brooks and Baxter War: a History
day night, when Pink Turner, the Deputy was advancing upon them, Monks and his
Sheriff, arrived with a writ of habeas corpus band left in haste for Missouri, taking to the
for the prisoners (issued by Hon. Elisha Bax- woods, after they had proceeded a short dis-
ter, Judge of the Third Judicial Circuit), tance. The Deputy Sherift arrived in Salem
which Monks and his men, at first, voted before day with J. H. Tracy as a prisoner,
unanimously to disobey, saying they intended who immediately stood his trial and was ac-
to kill ten men for Mason, and had three who quitted, together with all the rest, who have
were already fat enough. Some time after stood their trials, to-wit: N. W. Baker, E. C.
they refused to obey the writ, a squad of them Hunter and James M. Archer. The others
found some newspapers in the house and implicated are ready for trial when called on.
made caps of them, and started up the road, The Prosecuting Attorney said to a gentle
in the direction of Salem, saying they were
man in Salem, after the prisoners had been
“Ku-klux. Directly after they left, Monks acquitted, that he was satisfied it was nothing
told the Deputy Sheriff that he would obey but a ‘Union-League trick,' to get vengeance
the writ, and the prisoners were at his com- upon certain parties."
mand. The Deputy Sheriff then took U. B. It was alone through the inter-
Bush and J. H. Tracy, and started for Salem, ference of civil process that the
saying that Tracy should not be hurt, but say lives of these citizens (all except
ing nothing about Bush. When they had
Bush) were saved. Monks, who
proceeded about two miles, they were met insonni
connived at the murder of Bush,
the road by the men with paper caps, who
made no halt, but rode directly up to them
heeded the writ of habeas corpus
and made efforts to seize the bridles of the as to the others. This great writ,
prisoners' horses. The Deputy Sheriff caught
through which any captive may
J. H. Tracy's horse, and whispered to Tracy to have the causes of his imprison-
run with him. They ran, leaving Bush in the ment inqured into judicially, and
hands of the men. After they had fled a short which is an obstacle in the way of
distance, Tracy heard Bush pleading for his unlawful methods of vengeance
life, and directly they heard firing. Bush's and oppression, most objectiona-
body, pierced with three balls, was found, at ble to tyrants, drove the Missouri
daylight next morning, near the spot where he
invaders out of the State of Arkan-
was taken away from the Deputy Sheriff. sas, where the Executive author-
William Rirchardson, when the prisoners were
thus taken away from the Sheriff, galloped
ity did nothing to restrain them,
back to Col. Tracy's where the main gang was,
but where judicial process was yet
and told them what had taken place, when all
powerful for the repression of
po
of them mounted and started up the road. In
crime and the preservation of
the excitement, T. W. Baker. Deshazo and peace. While judges should be
the rest of the prisoners escaped. The gang required to issue this writ, it was
returned to Tracy's and hunted around in the seen by the Governor that there
orchard and lots for Baker, thinking he was were limits to his supreme author-
too sick to sit up, and had been carried out ity. The law was above him. He
by the other prisoners.
might appoint judges, and remove
“On learning that an armed body of men them; but the law made it impera-
1118
of the Reconstruction Period in Arkansas.
77
tive upon the judges to issue the ters to his Sheriff, Spears, who had
writ whenever applied for by the welcomed Monks and his men,
humblest, most helpless prisoner and so promptly sworn them into
And so such an irresponsible in service as members of the militia
strument of tyranny as Monks, the of his county:
leader of lawless invaders from a
LITTLE ROCK, October 16, 1868.
neighboring State, was driven outWm. E. Spears, Esq., Salem, Fulton Co.:
by an appeal to the judicial depart- DEAR SIR,—Your communication in rela-
ment of the State government. tion to the troubles in Fulton county is receiv-
The Governor realized that his ed. Your course is approved. I regret that
power would not be absolute with the offenders are still at large; but think it is
out the existence of martial law.
best not to attempt their arrest until after the
It does not detract from the pow-
election. Keep your eye on them, and bide
your time.
er of the writ, or the fidelity of the
By direction of the Governor.
judge, that he saw proper to write
J. H. BARTON, Private Sec’y.
a note to the Deputy Sheriff, who
served it, to the leader of the out And now again there was trouble
laws:
in Conway County. The truce
proclaimed by the Governor was
Colonel William Monks :
We ask you most earnestly, as officially rep-
a hollow one. Capt. John Gill, who
resenting the Judiciary of Arkansas, to turn
had served under John L. Mat-
over the prisoners to the Sheriff. We beg of thews, in the 3d regiment Arkansas
you as citizens to allow the majesty of the law Federals, was placed by Matthews
to be vindicated in this matter, and not to im- in command of three companies of
peril the lives and homes and property of all militia-two companies of whites
good citizens of this State.
and one of negroes—which raided
Respectfully and truly yours,
the country around Lewisburg,
ELISHA BAXTER.
and through Matthews' judicial
While Judge Baxter was thus district. Gill pretended to estab-
endeavoring to prevent destruction lish a hotel in an old vacant store-
and bloodshed, and was interpos- house. His hotel was suspiciously
ing the writ of habeas corpus to burned, the fire communicating to
maintain the supremacy of the civil Col. Gordon's store-house, and de-
authority, in a time of peace, stroying the latter, with a quantity
against the lawless intruders from of valuable goods and supplies.
another State, the Governor who Only energetic work saved Col.
had appointed him to office, and Gordon's residence. Wells & How-
whose duty it was to resist inva- ard's store was burned about the
sion, was writing letters to the chief same time, with most of its con-
promoter of the disturbances. I tents. It was while Gill was in
append one of the Governor's let- command, that Casey's store-house
The Brooks and Baxter War: a History
was also burned, and the owner, a writ. It was evidence that the .
quiet citizen, burned with it, and writ was not issued as a mere
all his goods except a crate of formality, but that the Judge
crockery. His money, of which meant it to be obeyed.
he was reported to have consider- The legislature was in session
able sums, was destroyed or stolen. the following April—the same col-
J. E. Bentley and P. O. Breeden lection of nondescripts which had
were supposed, and were probably adjourned from July, 1868. It re-
intended, to be burned with Casey. garded the performance of the
Gill ordered an inquest, and the Missouri ‘loyalist' in a different
jury, by their verdict, found that light, if the House reflected its
Bentley's and Breeden's remains sentiments on the occasion of the
were mingled with Casey's. Costs visit of that hero to the State cap-
amounting to $180.00 were charg- ital. The House adopted unani-
ed against the county for three in- mously the following resolution:
quests, and the same remain a Whereas, Colonel William Monks is among
record in the office of the County us, and as he has distinguished himself for
Clerk. But Bentley and Breeden prowess on the tented field in favor of equal
had secretly escaped and kept out rights to all; therefore be it
of the way. It was a squad of Resolved, That he be invited to address the
Gill's command that arrested old citizens of Little Rock at seven o'clock this
Thomas Hooper, five miles above evening, in the Hall of the House of Repre-
town, and shot him on the bot- sentatives.
toms,' near Plummersville. When The invitation was doubtless
they arrested him they killed his pleasing to this flower of chivalry.
son-in-law, Jackson, pulling corn It was not altogether full of joy to
in the field, and wounded a man those thus doomed to hear the
named Perry, who was at work address. Sad-faced Fitzwater,
with him. About a year after the mover of the resolution, may
wards Matthews, in going to or have offered it in the vein of Mark
from court in Perry County, was Twain's burlesques then coming
· assassinated and left dead in the into vogue. But the house voted
road.
it with the self-sacrificing patriot-
Judge Baxter's personal com- ism of Artemus Ward. In their
munication, delivered to Monks by fervid loyalty these rising states-
the officer who served the writ of men may have sincerely believed
habeas corpus, was the object of that carrying bee-hives by assault,
sarcastic comment. But at that scaring women, 'charging' a soli-
time of official dissembling, to my tary citizen and murdering a pris-
mind, it gave assurance of the oner by a troop of seventy horse,
Judge's good faith in issuing the was 'prowess on the tented field.
of the Reconstruction Period in Arkansas.
79
With a smaller force Frémont in- «Оfficers of the Executive de-
vaded California, and Walker con- partment were ineligible to any
quered Nicaragua. To elude im- position in the gift of the qualified
aginary pursuit, the murderers of electors." These militia-officers,
Bush 'took to the woods,' upon thus transferred to the Executive
the first rumor that there was an department, returned to their
armed force to meet them. They seats in the Legislative depart-
recklessly penetrated the black- ment, without pretending to be
jack solitudes until safe beyond re-chosen by the qualified electors,
the Missouri border. The rumor and took part in the enactment of
that inspired this strategic maneu- measures which granted them im-
ver was the invention of overwork- munity from punishment under the
ed wives, who saw their scanty laws they had violated as militia-
stores disappearing with enter- men.
tainment of the hungry warriors. D. P. Upham was assigned to
The phrase, 'in favor of equal the Northeast; S. W. Mallory, of
rights to all,' which rounds the the Senate, was given command of
rhetoric of the invitation, was a the South, and R. F. Catterson,
threadbare motto of a mock phi- of the House, was assigned to the
lanthropy. It deceived no one. Southwest. Gibson, of Darda-
All men knew that it meant op- nelle; Coolidge, of Union, and
pression of the many, for conserv- Demby, of Montgomery, mem-
ing the power and interests of a bers of the House, accepted or-
few. The altruism it professed was ders to raise men and renew their
'too utterly' self-denying for the raids against their ex-rebel neigh-
characteristic thrift of its origina- bors.
The militia levies consisted of
whites and negroes, until the lat-
“To save a fellow-man from death
Never would they cry “Dear friend, O take
· ter grew insubordinate and had to
This life-preserver for thy sake." .
be disbanded. The former were
a people about whom much has
The Governor appointed three been written. From the mountain
'generals,' two of them from the districts of the older Southern
Legislature, and one from the U. States, they had removed to simi-
S. Marshal's office—all 'carpet- lar regions in Arkansas, in which
baggers'—to command the three the planter and his slaves would
districts designated in his orders. have starved. There they built
According to the description of their log dwellings, and, except a
the American tramp, they had little coffee and sugar, were inde-
tried nearly all the walks of life. pendent of commerce. They
By the constitution, just adopted, did not hate slavery as much as
tors.
80
The Brooks and Baxter War: a History
hath instincon, they ans
they hated the slave, who in return were made instruments of torture
aspersed them as “poor white to early Christians in the Roman
trash.” With instinctive jealousy arena, as depicted by Talmeda
of negro competition, they de- and Gerome. Ogé, 'who led the
clared the late war “a rich man's massacres of Hayti, Mackaya, who
quarrel and a poor man's fight," renewed them, encouraged by the
and fled or fought the Confederate Amis des Noirs, of Paris, and Nat.
conscripting offiers. Attracted by Turner, who headed the insurrec-
the military bounties, they became tion in North Carolina, were the
at length nominal recruits to the lions' that were to be feared at
Union army, and with pay in pros- the South. They were well re-
pect, and new opportunities for membered by the Amis des Noirs
plunder, eagerly responded to the of America. Their failure to
Governor's call.
'perform,' in resistance to every
The great body of the negroes means of encouragement, was a
remained faithful to their peaceful surprise to the pious transcenden-
education in slavery. Only the talists, Emerson, Thoreau, Alcott,
idle and vicious, as a rule, joined Sanborn, Wendell Phillips, et al.
the militia, in which they devel. From John Brown to Mallory, they
oped the atavism of race, and ex- proved a disappointment.
emplified the pitilessness of the The South was in a condition of
dark races the world over. Their utter helplessneess. Its people
employment to harry their former had responded to the invitation to
masters and mistresses was regard return to their homes and resume
ed a brilliant move of the humani- their labors of peace. The ex-
tàrians. The authors and signers Confederates were all prisoners
of the renowned accusation of the under parole. They were entitled
Colonies against their sovereign to protection from their conquer-
had set forth in that instrument: ors. But the battle being ended,
“He has excited domestic insur and arms laid aside, this new en-
rection among us, and endeavored emy appeared against them thus
to bring on the inhabitants of our bound and defenceless. We have
frontiers the merciless Indian sav- all read with horror of the inhu-
ages." (The 'domestics' were man creatures who sometimes ap-
African slaves).
pear upon the scene of awful fa-
It was the climax of their list of talities, to rob the dead and mur-
grievances, and placed the two der the wounded, governed by no
races in the same category.
other motive than greed of gold.
The Africans in America had Several hundred of the militia
no more agency in this warfare were collected at Batesville, by
than the lions from Africa which Upham. This faithful chieftain
of the Reconstruction Period in Arkansas.
81
wrote to the Governor asking what essary. Like Mr. Winkle, he learn-
were his powers under martial ed that “Every bullet has its bil-
law? The Congressional Viceroy let.” He has thenceforth worn an
answered, employing the defini- empty sleeve.”
tion of the Duke of Wellington. He also wrote Judge Baxter in-
But the Iron Duke applied it alone quiring if there were in his circuit
to territory invaded by his armies, any lawlessness that could not be
and not to any part of the British suppressed by civil law ? He did
realm. Governor Clayton wrote not mean Monks or his band
in reply:
from whom his Sheriff, Spears, had
“ LITTLE ROCK, Nov. 8th, 1868.
stolen away in such mortal terror.
“BRIG. GEN. D. P. UPHAM, Batesville:
I had no means of ascertaining the
“Sir, In reply to your communication of Judge's response.
Nov. 13th, I will say, that the provision of the
Gen. Upham, being enlightened,
militia law to which you refer applies only to proceeded to execute' martial
the discipline of the militia force, and not to law, but without referring the cap-
political offenders. A military commission is ital cases to the Commander-in-
not governed by any written law. It is sim chief. It has not been disclosed
ply the will of the Commander-[in-chief]. what disposition he made of the
You are authorized to organize military com- money he extorted from the help-
mission for the trial of citizens, but will not
less victims who were subjected to
enforce the death penalty without sending the
his merciless exactions-exactions
proceedings to these headquarters for appro-
conducted with an ingenuity of
val. By order of the Governor.
“J. H. BARTON, Private Secretary."
rapacity unparalleled since the
campaign of Alva in the Nether-
Barton was the Governor's broth- lands. He led a detachment and
er-in-law, I have been told. The established "a post’ at Augusta,
Governor also wrote Upham, Oct.' in Woodruff County, in the fertile
19th, that he had not written him valley of White River. In that
in person because of an accident productive region the old citizens
by which he had lost his right had been now three years busy
hand. About that time, his hand in recuperating the losses they had
had to be cut off. While enjoying sustained during the previous
peaceful recreation, amidst the years of military invasion and
general excitement, with dog and occupation of the armies of Con-
gun, of which he seems to have gress.
been as fond as Mr. Winkle in the News of the violence and fe-
Pickwick Papers, he received a rocity of his men had preceded
wound in the hand by the acci- Upham. Their merciless treat-
dental discharge of his fowling- ment of ex-Confederate soldiers
piece, rendering amputation nec- had been told by fugitives.-
82
The Brooks and Baxter War: a History
1
Many of the ex-Confederates of
Woodruff County resolved not
to fall into their hands, and
withdrew to adjacent swamps
where they organized them-
selves under Colonel Pickett, a
gallant ex-Confederate. They
hey
proclaimed their determination,
rather than be tortured in viola-
tion of their paroles, to sell their
lives dearly. They made no war-
like movement, farther than to
provide themselves with arms and
munitions. They were never at-
tacked by the militia, who exer-
cised a wholesome discretion in
this particular, confining their op-
erations to running down and
shooting, or robbing the citizen
they found alone.
At the ancient hosteiry, well-
known as the 'Anthony House'-
destined to be mentioned again in
these annals, and the scene of
many a stirring event in Little
Rock-soon after Upham's 'occu-
pation' of Augusta, I met several
old citizens from Woodruff coun-
ty, who had fled to the State cap-
ital for protection. They had ap-
pealed to the Governor. But as
well might the hind have asked
pity of the lion. They narrated
to me several instances of the pro-
ceedings of Upham, under 'mar-
tial law,' which came under their
observation. I took down from
their lips the following memoran-
da of their experiences with Up-
ham's militia:
Albert W. White said,-
"I am sixty years of age. I live ten miles
north of Augusta. On the 8th of December,
1868, I was arrested by Capt. McClure and
squad of mounted men of Upham's militia, at
my store. They took from my store one
thousand dollars' worth of dry goods; four
horses, and one mule. They took me to Au-
gusta and imprisoned me in the Irving block;
kept me a prisoner there from Dec. 8th, 1868,
until Feb 6th, 1869. There was never a
charge made against me. I had pneumonia
while in prison, and was not allowed a physi-
sician. My son, Richard A. White, was
made a prisoner just before I was released,
and placed in the Irving block. I obtained
my release and that of my son by paying
money to Upham's Provost Marshal, John H.
Rosa. He sent me word by Mr. Horton, who
had been a prisoner and released by Rosa, that
I could have my son released for three hun-
dred dollars, and unless I paid him that sum,
he would send him to the penitentiary at Little
Rock. Col. Lewis Barnes told me he had
seen Rosa, and Rosa had told him the same
thing, and advised me to pay the money. I
gave Col. Barnes that amount, who handed it,
in the presence of Rosa, to my son, and saw
my son hand it to Rosa, who released my
son at once. I was released Wednesday,
February the 6th; my son the Sunday fol-
lowing."
Robert W. Murray stated,
“I live in sight of Albert W. White, ten
miles from Augusta. Before the release of
Mr. White, I was arrested at home by a scout
of cavalry, under Lieut. Wilson, of Upham's
militia, and put in the same place of confine-
ment. Understanding that prisoners were
paying out, and being sent for by Rosa, I was
taken before him by Ford, Rosa's orderly.'
I offered him fifty dollars for my release. He
demanded one hundred and fifty dollars for
releasing me, and giving me protection pa-
pers,' and returning my two mules which
of the Reconstruction Period in Arkansas.
83
had been taken by Wilson's scout. I paid they took out to shoot, by order
him that sum and was released, but got only of Upham's military commission.
one of my mules." .
upon the charge that he was Cap-
Charles F. McKinney stated,- tain of Ku-Klux. There was never
“ I live eight miles north of Augusta, on the a man's life begged for as was his.
Tacksonport road. I was arrested on riding He was shot and buried without
into Augusta, Dec. 28th, 1868, by Capt. Mc- a coffin.
Clure, and imprisoned, without any charge, or young man named Rogers, at
other formality, against me. Rosa came to Cotton Plant, engaged to be mar-
me about ten o'clock that night; said I would
ried, was shot to death by orders
be tried for carrying powder to Pickett and
of Upham, after he had paid Rosa
his men, and if convicted, I would be shot.
He said he would release me for three hun-
three hundred dollars.
dred and fifty dollars, and give me “vouchers'
James Bland was taken at mid-
for the property taken from me, and protec- night from the side of his wife and
tion papers.' I told him I could not raise child, and killed without trial, even
that amount of money. He took me before by a commission.
Upham, who questioned me about the powder, Charles Ruddock, the school
and sent me back to Rosa, who had me put in teacher, was taken from his room
the town calaboose, and came to see me again, at night and killed without any
and said he would accept two hundred dol- trial.
lars, and send a man around town with me Dr. Marquis D. McKenzie, a fa-
to get the money from my friends. Ford, his
vorite physician and leading citi-
orderly, guarded while I was trying to raise
zen of the county, was taken out
the money about town. This was on Friday,
of his house in the evening by Up-
or Saturday, January 15th, 1869. Seeing that
I was not able to get the money, Rosa released
ham's men and shot, and his re-
me on parole,' to go home and gin and sell mains thrown into White River.
my cotton, which I did, and paid him the Bartlett Y. Jones, a well-known
money in the presence of his wife. I got citizen, was taken out the night
(protection papers,' but the vouchers proved Dr. McKenzie was, and killed.
worthless to me.”
There was no charge against
These witnesses also gave the these men except their expressions
details, as they heard them, of the of indignation at the invasion of
killing, by Upham's militia, of the the county and acts of the militia.
following persons in the neighbor- An Englishman, named Parker,
hood of Augusta, viz: Richard temporarily sojourning at Augus-
Coley, over sixty years old, met a ta, was killed for denouncing the
gang of militia in the road, when militia. The British Minister was
he turned his horse or mule and informed of the killing of Parker.
tried to get away from them. He But his government, which had
was shot dead and left in the road. punished Theodore, and subse-
John Tharp was the first man quently avenged Isandlwana, hes-
84
The Brooks and Baxter War: a History
itated to inquire into the deeds of were afraid to complain, and com-
Clayton's militia in Arkansas. plaint would bring no relief. In
A Frenchman, who lived at Joe the fertile counties skirting White
Hill's place (with an unpronounce River, hundreds of country stores'
able name), was charged with be- were gutted; barns were emptied;
ing a spy of Pickett, and killed in fields were stripped, and dwellings
the woods near the town. The robbed. These depredations were
French Cæsar was then bickering not committed upon citizens and
with Russia, and was soon after- ex-Confederates alone. Neither
wards himself an exile. His son age nor sex was spared. The
has recently fallen under the asse- Memphis Appeal, of the 26th Jan-
gais of Zulu negroes, and thus the uary, gave an account of the as-
poor young prince may have ex- sault and robbery, by militia, of
piated the death of Toussaint, Mr. Isaac Andrews, of Evansville,
eaten by rats in the dungeons of Indiana:
Joux, to which he was consigned,
“ Travelling with his wife in a buggy, over-
during the reign of Napoleon the
First.
land, he was overtaken at the Tyrongee by a
party of the militia. One of them engaged
One of the refugees from Aug-
him in conversation while another struck him
usta gave me an original safeguard,
down, and, before releasing him, robbed him
issued by Upham-protection pa-
of one hundred and sixty dollars. He had
per,' he called it—of which the fol proceeded on his way as far as the Bradley
lowing is a true copy:
farm, when two negroes of another party of
“HEADQRS. NORTH EAST ARKANSAS,
militia met him and his wife and demanded
AUGUSTA, Dec. 29. 1868. }
his money. He replied that he had just been
robbed. The negroes then presented cocked
“A safeguard is hereby granted James B.
pistols at the head of Mrs. Andrews, and, curs-
Currie and family and all property of whatever
ing her, threatened to shoot her if she did not
kind belonging to him. All officers and sol-
give up the money she had. Mr. Andrews
diers under this command are therefore com-
gave them another fifty dollars, all he had with
manded to respect this safeguard.
him. Their captors, whose grins now lighted
D. P. UPHAM, Brig. Gen. Commanding.
their sombre features, permitted their victims
E. H. Mix, [in red ink] Capt. A. Adjt. Gen. to depart, bleeding and pale, while they divid-
JOHN H. ROSA, Provost Mar. Gen.” ed the treasure."
Rosa, though small of stature, The same paper published a tel-
and of ‘Dago' complexion, was egram from Little Rock, dated :
worthy of his chief, the black- January 27, 1869, giving account
bearded Upham.
of the breaking up of a wedding
The foregoing are but instances, party near Pine Knob, in Johnson
reported, as aforesaid, by accident. County, by negro militia. The
Citizens of the invaded districts bride was a niece of a former As-
of the Reconstruction Period in Arkansas.
sociate Justice of the Supreme ly gray, a jeweller. Anderson and
Court:
expelled by Gen. Blunt from the
“Just after the company had assembled, and
Union Army, and found their way
before the marriage, a company of negro mili-
to Sebastian and Scott Counties.
tia, commanded by a white man, surrounded
the place, and putting out the lights, those
To Lockhart, the Governor is-
who had entered the house laid violent hands sued orders, Nov. 5, 1868, to raise
on the ladies. Some of the guests had weap- militia in Scott and Montgomery
ons with them, which they fired upon the Counties and unite with the mili-
other militiamen who were about to enter, and tia of Polk and Pike Counties at
upon the intruders who ran out to their assist- Murfeesboro, in Pike County. The
ance, the militia returning the fire by shooting order reads: "What forage and
into the house. After an exciting fight, in
supplies you need obtain without
which four negroes were badly wounded and
pressing, if possible, giving receipts
some horses killed, the negroes were driven
to owners of the same, to be col-
off. A sister of the bride was dangerously
wounded. The radicals say that the object
lected at this place (Little Rock).
was not rapine, but to make an arrest.”
But if you cannot obtain it volun-
tarily, you must press and receipt
At Charleston, in Franklin Coun-
as before. Success depends upon
ty, a respectable young lady was
promptness.'
found at home alone by a scout of On their march to Murfreesboro
negro militia, and subjected to the militia passed through Centre
criminal assault by several of their Point. Demby and his men had
number, and left in a state of un- raided the place from Montgom-
consciousness, amidst the frag-
ery County during the war. They
ments of broken furniture, trunks entered this place on a 'charge,'
and scattered clothing.
finding citizens on the streets,
While Upham was pursuing his some of them in arms, mistrustful
mission of death and devastation
of the object of this sudden ap-
in the East, the Governor had
proach of armed men in time of
equally dutiful agents passing his peace. The militia, anticipating
bloody scythe' over the South- resistance, began an indiscrimi-
west. They were all strangers in nate firing, killing some citizens of
the regions they raided, except the town, and wounding others.
Demby, the son of a watch-maker, They took any and all property
of Pine Bluff, who went there in they saw proper from the posses-
the fifties, from the East. Catter- sion of those who were obnoxious
son was tall and fair, a saddler by to them or their sympathizers. In
vocation. Mallory was red-haired a similar manner they' continued
and corpulent, a carpenter. Wig- their advance southward, through
gins was hard-featured, premature- the productive valleys of the Lit-
86
The Brooks and Baxter War: a History
tle Missouri and Ouachita, spread done in that county. He should be arrested
ing terror among the people and summarily dealt with.
'Gen.' Catterson assumed com-
“Your course has given great satisfaction
mand of them upon their march.
here. We are besieged with peace-delegations.
I listen to their stories, and refer them to you
Dry-goods, clothing, horses, mules
and Mallory, believing that you, being on the
and anything they wished, were
ground, can act more wisely than I can.
appropriated wherever found along
Please keep me posted of your movements.
the line of march. They killed
“ Very respectfully,
citizens, and, to make others give (Signed) “POWELL CLAYTON."
up money, tortured them under
revolting circumstances, and took
I copied these letters from the
a great many prisoners whom they
original letter-book of the Gover-
sent to be kept in the penitentiary
nor, with the custodian's permis-
at Little Rock-chiefly such as
sion, and the following orders,
were likely to be able to pay for
which were issued by the Com-
their release. His Excellency, the
mander-in-chief:
Commander-in-chief, issued to
" LITTLE ROCK, Dec. 3d, 1868.
Gen. Catterson, among others, the “BRIG. GEN. SAM. W. MALLORY, Command-
following autograph order:
ing District Southwest :
“Sir,--I send you a list of men who, it is
“EXECUTIVE OFFICE, Dec. Ist, 1868.
believed, belong to the Ku-Klux. And some
belieuses
GEN. ROBERT F. CATTERSON, Commanding of them, it is believed, have engaged in the
Southwest District :
Dear Sir, I have not heard from you offi-
outrages that have occurred.
cially since the arrival of the prisoners, Nov.
“Have marked the worst cases. If you
22d. Judge Searle [one of his appointees] is
can be able to arrest these men, from some of
sick, and cannot hold a special term of court,
them, doubtless, you will be able to elicit
as I intended [to constitute it a quasi military
facts, and may, possibly, get something in ref-
court). I will send a commission to Coolidge
erence to Gen. Fagan and John H. Burton.
[a member of the House] as Justice of the [The list appended was as fol-
Peace, who, I believe, claims citizenship in lows, the worst cases marked with
that county (?).
an asterisk]:
“The prisoners can either be examined be-
fore him, or you can try them by Military “Dr. W. H. Barry,* Henry Randle,* (Mon-
Commission. If you resort to the latter plan, ticello); Dr. M. C. Reno, (Hopkins County,
you had better select the worst, and dismiss Texas); James Jeter; James Hankins,
those who are least culpable. All desperate Teacher Richardson, Chas. Hopkins (doubt),
characters that may fall into into your hands, W. R. Tunnage, Wm. Tunnage, sr., John Dun-
you had better deal with summarily. As I jap, Pink Holland, — Whitman, Geo. Veasey,
remarked, your approval to the proceedings Chas. Burks, Frank Bennett, Dr. Owens, Eli
of a Military Court will be final.
Rogers, D. C. Parker (Marion), Jim Brooks,*
“From information received, there is a man Street Hudspeth, * Milton Dabney (Saline),
called Parson Hunt, in Sevier County, who Chas. Boyd, * (Cabin Creek), ~ Boothman,
has been a ring-leader in all the mischief (witness, Grubb); – Hunnicut (Bradley Co.)
of the Reconstruction Period in Arkansas.
87
S
Tohn Folliard, Robt. S. Bennett, Nat. Ham- der of a white named Dollar, who
mett,* Fred. Wells (Marion), John Sweeny,* had been lynched at Monticello
Street Beatty, Sam. Gibson (Bradley), Martin for deserting his family and living
Bradley."
with a negro woman. Morgan
On the 25th of December, 1868, could have proved that he was at
the Governor sent to the same Lacy, thirteen miles south of Mon-
officer the following order, (omit- ticello the night of the killing.
ting a few lines devoted to explicit But he took no pains to make any
directions) it reads :
defense. He was tried by a mili-
“ EXECUTIVE OFFICE, Dec. 25th, 1868.
tary commission which recom-
“GEN. S. W. MALLORY, Commanding District
mended his discharge. Catterson
Southwest :
reversed the finding, and ordered
“Sir,-I am instructed by the Governor to him to be hung. He was sent to
say, that as soon as Gen. Catterson reaches the penitentiary at Little Rock,
you, you will proceed at once to arrest the and taken back to Monticello and
parties whose names have been sent to you,
as well as any other outlaws. He thinks you When Catterson and Lockhart
can safely execute many of them. It is abso-
reached Hamburg, the county-seat
lutely necessary that some examples be made.
* * * It may be desirable to have the
of Ashley County, a prosperous
troops here, by the first of January, if the
merchant of that place, Col. A.W.
thing can be safely done. There will be a Files, had just returned from New
large Democratic Convention here at that Orleans with a large stock of dry-
time, and the militia may be needed as dele- goods and supplies. The entire
gates. He thinks you have acted wisely in stock was immediately seized by
disbanding the colored troops, under the cir- the militia, and Files taken pris-
cumstances Very respectfully yours,
oner. There was no charge against
"J. H. BARTON, Private Secretary.” him. There were ladies in the
(Some of the negro militia had 'store' when he was arrested.
mutinied and threatened Mallory's Seeing one of them take a hand-
life.)
kerchief from her pocket, he slip-
Numerous arrests were made ped into it, unseen, a roll of bills
under this order, though many fled containing seven hundred and fifty
to avoid arrest. What disposition dollars. He was taken in charge
was made of some of the prisoners by four men, mounted, who march-
has not yet been made known. ed him on foot before them along
Most of them who had friends, or a road leading out of the town in-
were themselves able to pay ran- to the woods. It was the Igth of
soms, were liberated. Young December, and the weather was
Stokes Morgan was disposed of in freezing cold. One of the guards,
a more tragic manner. He was a man named Anderson, rode the
accused of complicity in the mur- prisoner's mule and saddle, which
The Brooks and Baxter War: a History
were worth two hundred and fifty pected, when he turned, to be shot. They
dollars. Col. Files was afterwards did not follow him. He took to the woods
a guest at the Anthony House, in
and ran over logs and through brakes
until exhausted. Arriving at a neighbor's, he
Little Rock, and gave me an ac-
got some money from him. He sent a mess-
count of his arrest. He said :
age to his wife that he was not killed, and not
“He felt positively certain that he was im to breathe it. But she did, and was raided
mediately to be killed by his custodians. He and robbed of the money he sent her, and sev-
noticed the two younger men of the party were en hundred and fifty dollars more.
ordered to take another direction. This left
only two, who were sufficient to dispatch him, Detachments of Catterson's com-
and enjoy between them a shorter division of mand raided the counties on the
his money. He had retained but little money southwestern border. In Sevier
(about sixty dollars) in his pocket. As he
County, Mr. Brooks, a respectable
stepped briskly before the mules of his guard,
citizen, was bound in his own
in the mud and ice of the lonely road, he was
house, and he, with his children,
prepared at any moment to receive their shots
in his back. But he had command of all his
was forced to witness the outrage
faculties. At length he heard Anderson say,
of his wife by negroes. One of
“See here, sir!” He wheeled instantly, and his sons, Allie Brooks, then a boy,
resolved to do his utmost to flatter his would- now a promising young business
be-executioners into sparing his life. Ander- man, of Nashville, Ark., is a living
son had his pistol partly drawn. Files first witness to this infamous atrocity.
addressed him with perfect coolness. He told On the Little Missouri, where it
him, with much earnestness, that he saw from
runs at the base of pine-crowned
his bearing he was an intelligent and coura-
battlements two thousand feet
geous man (?) He said he was sure a brave
high (the ridge called the Fodder
man could not have it in his heart to kill one
who had never seen him before, and never
Stack), through peaceful, romantic
done him any harm. Anderson finally let his
valleys that had never been dis-
pistol drop back into the scabbard. The other
turbed by the war, cruel deeds
man had to be mollified. He was more surly. were performed that remind us of
When addressed in the same strain, he said the dark ages. One poor rustic
he had been in rough places himself. “But was repeatedly hung up by the
you were spared,” said his prisoner,“ or you neck with a hair-rope, until life
would not be here." They agreed that if he was nearly extinct, to make him
would leave the State, not return to it, so that tell what he did not know. An-
they could report that they had killed him,
other, in a valley called 'Greasy
and let no one know it, and give them up his
Cove,' on the Little Missouri Riv-
money, they would let him take to the woods.
er, a romantic glen in the moun-
He handed them his pocket-book. They be
lieved he had more, and one drew his pistol;
tains (a favorite retreat of General
but he quickly showed that his pockets were
Albert Pike), who protested against
empty, and that he had no “belt” around the violent entrance of his premi-
him. They ordered him to go." He ex- ses, was hung before his own door,
of the Reconstruction Period in Arkansas.
89
while the raiders fiddled and magistracy becomes powerless, the military
danced within. An anusual snow authority and power should be invoked.
fell during the night. Their host, 3d. Being fully persuaded of the precon-
next morning, was there swinging certed existence of widespread lawlessness and
by his halter, with a cone of snow
systematic assassination of the friends of the
upon his lifeless head. The store'
government, State and National, in certain
counties, being at large, defying the officers of
of Old-man' Wimberly was rob-
the law, we do therefore most earnestly ap-
bed, and he brutally maltreated.
prove and indorse the recent proclamation of
While the champions of 'free-
Governor Powell Clayton declaring martial
dom' were engaged in these law in said counties.
achievements, the State legislature 4th. Believing we are right, and calling on
assembled at Little Rock, in 'ad- Almighty God and all good men to witness
journed session,' Nov. 17th, 1868. the rectitude of our motives, for ourselves in-
Our old friend, the military par dividually and on behalf of our several con-
son, representative from Phillips, stituencies, for the maintenance of the State
reappeared in his seat, and gave Government and the active enforcement of the
evidence of his patrioticardor in a laws, “we pledge our lives, our fortunes (!),
congratulatory address to his col- and our sacred honor.”
leagues upon the success of the This elaborate screed was cop-
militia in their glorious campaigns ied from the instrument I have
in behalf of equal rights to all.' quoted, which declared it barbar-
He thanked God that the rebel ous' to incite domestic insurrec-
Philistines had again been visited tion, but was an improvement of
with the lightning of His terrible, the original by introducing the
swift sword. In no age does it Almighty in this distinguished as-
seem that man's thought can trans- sociation.
cend his knowledge, and imagine These proceedings proved of
a Deity that shall be less cruel little avail to divert attention from
than himself! He introduced a the atrocities that had been com-
series of resolutions that, under a mitted. Murmurs deep and loud
suspension of the rules, were unan- began to come from the specta-
imously adopted, without amend- tors, among whom were powerful
ment, as follows:
Republican leaders, be it said to
their honor.
Representatives of the State of Arkansas, the Senator Pratt, of the 420 Cong-
Senate concurring, That the establishment ress, denounced 'the corrupt leg-
and maintenance of peace, the security of prop- islation and venal governments of
erty and life are the first and most important the Southern States. He felt im-
objects of government.
pelled to say, in view of what was
2d. That when civil authority and process witnessed there, 'Had the Ku-
fail of the attainment of these ends, and the Klux outrages been directed ag-
90
The Brooks and Baxter War: a History
ainst these faithless public serv- again in a legislative capacity.'
ants they would have been rid of He proceded to give the num-
them and nobody would have com- ber of assassinations' committed
plained.' Senator Hale, of the since their adjournment, assuming
same Congress, said, “ Bad men in them all to be 'political !' But
the Southern States have bought in so studied a State paper he
power by wholesale bribery, and could mention eight names only of
enriched themselves by open- the killed, including James Hinds,
handed robbery. Corruption and the Congressman elect, shot in
anarchy occupy and oppress those May or June; a fewer number of
unfortunate states.' And Presi- killings than had occurred for years
ress, deemed it necessary for the of nearly a million, and within an
honor of the Nation that the Gov- area of fifty-four thousand square
ernment should take notice of the miles.
unexampled condition of the He made the following state-
Southern States. He declared his ment in regard to the destruction
'commisseration for the condition of the arms in transitu, purchased
of these unfortunate Southern by him for the use of militia, on
States.' He had been the mag- the “Hesper,' from Memphis:
nanimous victor who accepted the
“I appointed James L. Hodges, agent of
the State, with directions to proceed North
upon the terms of liberality that
and make a purchase of arms. He purchased
were worthy of his successes. It
4000 stands, which he shipped to Little Rock,
doubtless moved him to see them [shipped to be carried to Little Rock], but
so grossly violated. And Grant which were stopped at Memphis by a combina-
proved to be the good Samaritan tion on the part of the transportation com-
that showed his compassion, after panies. On the 12th of October (1868), I
the priests and Levites had looked chartered the Steamer Hesper, commanded
on, and passed by, leaving the suf- by Capt. S. Houston, to proceed to Memphis
ferers to their fate.
and transport the arms to this place. He left
On the 24th January the Gov-
Memphis, Oct. 15th. When about twenty
miles below that city, an armed band of men,
ernor sent his message to the two
disguised, upon the Steam-tug, Nettie Jones,
houses in joint session, gravely
boarded the Hesper, and destroyed or carried
congratulating them that they
away the arms belonging to the State.
had escaped the dangers and
“This piratical party was fitted out at
perils that threatened them, and
Memphis, and as the offense was committed
in despite of the efforts that
upon the waters of the United States, over
were put forth and intended for which the State has no jurisdiction, you are
their destruction, they had been respectfully recommended to memorialize
enabled to assemble together Congress for the amount expended for the
of the Reconstruction Period in Arkansas.
91
· property of the State which was destroyed.” trol of their vessel about 3 o'clock Friday
Four thousand stands of arms
morning. He says the performance was as
were more than were furnished
quiet as a funeral. Where the raiders went,
after landing, neither he nor any one has been
General Taylor for the invasion of
able to discover.”
Mexico.
This incident was described in This dispatch was somewhat
the dispatches of October 17th, fanciful. There was only one Ar-
from Memphis, as follows--(Mem- kansian in the party—a gallant
phis, from the high bluffs of Ten-
nessee, overlooks the low-lying Steamboats, who went from De-
forests and cotton plantations of Vall's Bluff to Clarendon in a skiff,
Arkansas ):
and thence overland to Helena,
“Thursday afternoon, about 5 p. m., the tug,
and got to Memphis in time to
Nettie Jones, landed below Fort Pickering, on
enlist the company that pursued
the east bank of the Mississippi River, below
the Hesper. Sympathizing Mem-
Memphis. She had scarcely made fast, when phians performed this effectual
about one hundred men, who seemed to spring coup de main.
out of the earth, all masked and armed, January 19th, 1869, resolutions
quietly boarded the tug; took possession of in the House declaring “the re-
the pilot-house and engine-room; ordered one storation of civil authority to be a
of their number to cast off, and putting Cap- logical deduction of the necessity
tain Ford under guard, were soon steaming of martial law." were opposed by
down the Mississippi. On approaching Cat thirteen members, and the Gover-
Island, twenty-five miles down the river, they
nor's proclamation of martial law
ran alongside the little Steamer Hesper, at the
bank, wooding. The Hesper had left Mem-
was condemned in strong language.
phis that afternoon. Capt. Houston and
Speaker Price denounced martial
brother, on seeing the crowded tug bearing law in a violent speech,
law in a violent speech, but, being
down upon their craft, made rapid strides for public printer, and threatened with
the woods. The maskers sprang upon the revocation of his contract, ex-
Hesper; placed the crew under guard, and plained, subsequently, that he was
began their work. Ammunition boxes, in the inveighing against martial law in
hold, were brought up, and gun boxes were Conway County, while the Gen-
broken open; the guns broken, and all thrown eral Assembly was in session.
into the river. The boxes were seen by the Tanuary 22d. Mr. I. B. C. Tur-
people on the Mayflower floating down the man, of the 8th District (Rebublin
current. It was nine o'clock p. m. when the
can), submitted resolutions, which
raiders crowded back upon the tug, and Capt. :
concluded as follows:
Ford ordered her to return up the river. At
President's Island Chute the tug was run R esolved, By the General Assembly of the
aground; the raiders were taken to the woods, State of Arkansas, the Representatives of the
on the Arkansas side, in a skiff, six at a time, People, That Governor Clayton be and he is
and Capt. Ford and crew were left to the con- hereby instructed to revoke martial law
92
The Brooks and Baxter War: a History
The Reverenjoyed à fon Militare
wouldures. Pioned
throughout the State, that quiet may be re- expedient, did not go far enough,
stored, and the right of a free people be in providing that “all persons born
heard."
or naturalized in the United States
The resolution lay over, under are citizens." Women are citizens;
the rules, until the 27th of Janu but citizenship does not carry with
uary, when it was called up by it the right to vote. The aborigi-
Mr. Joseph Brooks, and referred nes are supposed not to be subject
to the Committee on Militia.- to the jurisdiction of the United
There it enjoyed a final repose. States, and are not ‘citizens.'
The Reverend Mr. Brooks at this They were the proprietors of the
time championed all extreme continent by 'divine right' of
measures. He determined that he original colonization. Our pious
would not let the Governor excel white ancestors made them cap-
him in party zeal. He claimed to tives, and sold them as slaves be-
have more right to control the tween the colonies. That method
party than Clayton, believing that of evangelizing them proving im-
he had organized it in the State practicable (unprofitable), they
the colored wing of it.
were exiled or exterminated. The
On the 13th of March, the Sen remnants of that race cannot vote
ate passed the resolutions already under either article.
adopted by the House, ratifying With this crowning labor the
the Fifteenth Article of Amend- legislature, created by the military
ments to the Constitution of the bills of Congress, bade adieu to
United States, the prime obiect the authority and functions usurp-
for which these bodies had been ed by them, and ended under
called into existence by the Mili- those bills.
tary Bills of a Rump-Congress. The legislature had passed, Ap-
It stands appended to the Consti- ril 6th, 1869, the act legalizing'
tution, as a regularly adopted arti all proceedings and acts had by
cle of that instrument:
military commissions, or done in
aid thereof, and prohibiting courts
“The right of citizens of the United States of the State from taking jurisdic-
to vote shall not be denied or abridged on tion, original or appellate, of such
account of race, color, or previous condition
acts; or to hold any person for
.of servitude."
any act done under martial law
“To hold office," was. stricken between November 3d, 1868, and
out of the Amendment by the April ist, 1869.
Conference Committee of the two The trouble with governments
Houses of Congress.
established by military force is
The Fourteenth Article, which that this same force is two-edged.
had been added through the same The victors quarrel among them-
of the Reconstruction Period in Arkansas.
selves. Arms are again resorted . Liberals' must be headed off by
to to settle the controversy. This concessions more captivating than
is repeated ad infinitum; the re- they might offer. The Conserva-
peated quarrels can only be set tives were distrustful of the new
tled by force of arms. Such was swarm,' and readily agreed to the
the condition of the middle ages. proposed conference, which was
As the result of these forceful fixed for eight o'clock, p. m.
measures disaffection arose in the Leaders were duly notified-ex-
ranks of the invaders. Then the Judges Watkins and English, Mr.
wisdom of the Democratic com- Garland and others—and ready
mittee in urging the citizens to for the meeting. But just before
qualify and vote became apparent. the appointed hour, Judge Bowen
In order to triumph through the sought the editor and told him,
strength of the citizen vote, a pow- 'somebody had leaked,' and sug-
erful element in the Republican gested that those who had been
organization began to form a fac- notified had better appear at a
tion to be known as the Liberal concert by Brignoli, to be given
Republican party. Gen. John Ed- that night, in order that their pres-
wards and Hon. Liberty Bartlett ence there might contradict the re-
were among the chief sponsors of port,as no conference could be held
the new party, 'Honest John,' as then. So the Conservatives were
Edwards was called, had been cer- notified, except two, who could
tified a member elect of the House not be found. They were engaged
of Representatives in Congress by in a quiet little game of poker.
the Governor, under circumstances A majority of the others were con-
that invited serious charges ag- spicuous at the concert.
ainst the Executive. Yet Edwards Unaware of the postponement,
had a dagger for the Governor, the two made their way through
and headed a call for a convention dark passages to the place of meet-
of the ‘Liberals' at the capital. ing, and very naturally indulged in
A few days before it met, remarks and exclamations, at not
through Judge Thomas Bowen, finding the rooms open and light-
representing the Clayton adminis- ed. Sharp eyes were watching
tration, and the editor of the Ga them through the darkness that
zette, acting for the Conservatives, enveloped the ancient building,
it was agreed that there should be and the eager ears of Hodges, Cat-
a night-meeting of leaders of these terson, and others, were listening
respective parties in the Supreme from behind columns and but-
Court Library, which was up-stairs tresses. That the Governor knew
in the east wing of the capitol. of this appointment, or its objects,
The Governor realized that the no one could assert, positively, ex-
94
The Brooks and Baxter War: a History
1
cept Judge Bowen. The Govern- method of proposing a public
or, Judge Bowen, and their fami- speech, in which his offers of con-
lies were at the concert, in the city ciliation should be made openly.
hall, ignorant of any mishap that Upon being serenaded, one even-
had resulted from the postpone- ing, he appeared upon the steps
ment of the preconcerted meet- of the capitol, and made his Oc-
ing.
tober speech,' designed to outbid
The next morning, the Gover the 'Liberals' for the Democratic
nor was met at the entrance of the support.
executive office by 'Gen.' Catter- His speech was ‘liberal' beyond
son, who openly took him to task expectation. He declared the pe-
for 'arranging a meeting with riod had arrived when the Execu-
Democratic leaders for turning tive should be shorn of his extra-
over the State to the Democracy.' ordinary powers; he promised to
The Governor promptly respond reduce the number of offices, and
ed, that he was a liar.' The Gen- announced himself in favor of the
eral, with laurels, fresh from his removal of political disabilities
campaign against the paroled pris- growing out of participation in re-
oners, dry goods stores, and corn- bellion! These were tempting of-
fields of South Arkansas, retorted fers. They were received with
that the Governor was 'a d-d some misgivings as to their sincer-
liar.' This was drawing a nice, if ity by the assembled citizens, but
profane, distinction of epithets, they were highly effective. They
The one-handed Executive re- caused the Democracy to give a
joined with a stinging slap upon very cold shoulder to the Liber-
the General's right cheek. The als. The liberal movement seemed
Governor had to reach upward to killed.
strike his lank lieutenant, who of This was the attitude of the fac-
fered no resistance. The drum- tions during the months of No-
head ‘General' had seen old men vember and December, the Gov-
and boys, whom he had ordered to ernor taking a conciliatory course,
execution, die, uncomplainingly until the meeting of the next leg-
and unresisting. He looked a vol- islature, the second after the adop-
ume of martial law, but only re- tion of the constitution of 1868.
marked that he would not strike It met on the 2d of January, 1869.
a one-armed man,' and went his Tankersly, imported and appointed
way, with the print of Clayton's from Clark County, being chosen
fingers on his face.
Speaker of the House; Lieuten-
No more conferences were called ant-Governor James M. Johnson
Governor took the more fearless
the Senate.
of the Reconstruction Period in Arkansas.
95
The message of the Governor, was a majority of negroes in this
read in joint session, on the 4th of district, and there was the faction
January, was fully in accordance headed by Catterson, Hodges,
with his October Speech.' A Hartman, and others, who would
person to represent the State in support him. But the missionary
the Congress of the United States of Fairfield, Iowa, was destined to
(as Senator) was to be chosen by never hold an elective office again.
that General Assembly. The Gov- He certainly believed he was af-
ernor was plainly desirous of be- terwards elected to one other--that
ing that “person. No one ven- of Governor-and he offered very
tured to oppose him.
strong evidence to demonstrate it.
On the roth of January the two The first step in the preparation
houses proceeded to nominate of his canvass was the establish-
him, and, on i Ith, the ‘Honorable ment of the Arkansas State Jour-
Powell Clayton received in joint nal, an extreme Republican organ,
session of the two houses, a ma- but devoting considerable space
jority of all the votes, and was de- to colored religious revivals, and
clared Senator elect for the term affairs of the A. M. E. Church.
commencing March 4th, 1871, and Its purpose to control the colored
to expire March the 4th, 1877." vote of the district needed no ad-
It cannot be forgotten that the vertisement. An old man named
Rev. Joseph Brooks, author of the Brayman was its practical or im-
Almighty' resolutions of the practical manager, but Catterson,
former General Assembly, approv- Hodges, and others were its advi-
ing the Governor's militia policy, sory board. It charged the Gov-
and his son-in-law, Moses Reed, had ernor with being a 'a deserter to
been representatives from the pop- the Democracy.' The percussion
ulous negro district which, em- of the Governor's slap in the face
bracing Phillips County on the of Catterson struck the spark, and
Mississippi, and Monroe County on the Journal trained the guns which
White River, composed the IIth startled the country with the con-
Dist. But subsequent to the ad- flict of force and fraud known as
journment of the military appoin- the ‘Brooks and Baxter War."
tees constituting that Legislature, The election for one Senator
both of those politico-military di from each district and Represent-
vines' had removed to Little atives, was to be held throughout
Rock. Mr. Brooks, as soon as the the State on Tuesday, the 8th
duration of his residence at Little of November, 1870. At that
Rock would permit, announced election, by obtaining 'early' pos-
himself a candidate for the Senate session of the polls (5 o'clock
from the Tenth District. There a. m.), and securing their judges:
96
The Brooks and Baxter War: a History
Foster, Bates, and Krull, in the lory, January 31st, the Secretary
First Ward; Brayman, Holwas forbidden to enroll Brooks'
land, and Devine, in the Third name. On the 2d of February,
Ward, in Little Rock (negro however, he was conditionally ad-
strongholds); assisted in the coun- mitted to the seat by resolution,
try precincts, by George N. reserving to Riley the right to con-
Perkins, colored, and Carter Mc- test it. The Senate chamber
Clelland, colored, it seemed that thenceforward resounded with the
Brooks for Senator, and Hodges eloquence of the Reverend orator
and Hartman for Representatives, in maintaining his right to a seat.
would defeat the Clayton candi- On the 8th of February, the Com-
dates, Willshire Riley for the mittee on Elections made their
Senate; Goad, Pilkington, and report in favor of Riley, who was
Chamberlain for the House-some seated, and Brooks unseated by
of each faction supporting How- the adoption of the report.
ard, Whittemore, and House, Associate Justice John McClure
Democrats. There was but one had been, by the Governor, ap-
Senator to be elected—Hon. Ozra pointed Chief Justice, vice Will-
A. Hadley, holding over. These shire resigned, and elected to Con-
several organizations became gress to fill vacancy caused by the
known as the 'Brindle Tails' and death of Hines.
*Minstrels, respectively - names On the 30th of January, the
accepted by each, and used to dis Minstrel (Clayton) wing of the
tinguish them in subsequent pro Republicans presented, in the
ceedings in the Legislature. House, resolutions of impeach-
Senator Duffie said in the Sen ment against James M. Johnson,
ate of the State:
Lieutenant-Governor, and ex-offi-
“It is well known that there are three par-
cio presiding officer of the Senate,
ties in this State: The State Adminstration upon the grave charge that he had
party called · Minstrels ;' part of the Repub- 'sworn in and recognized Joseph
lican party opposed to the Minstrels, popularly Brooks as a Senator elect from the
called the ‘Brindle Tails,' and the Democratic Tenth Senatorial District: The
accused was a native of Madison
Upon the assembling of the leg- County, ex-Governor Murphy's
islature, Brooks claimed the elec- county, formerly known as Dr.
tion over Riley, and January 26th Johnson, a citizen Unionist, who
presented his credentials in the had joined the Union army early
Senate and was promptly sworn in in the war, and had become the
by the Lieutenant-Governor, John- colonel of a brigade of Arkansas
son, presiding over that body. Federals, and a trusted officer to
But, by resolution of Senator Mal- the close of the war. The im-
party."
of the Reconstruction Period in Arkansas.
97
peachment was not seriously of Senators and Representatives
pressed by the House. It was from the Thirteenth District, com-
soon postponed indefinitely. The posed of Hot Springs, Polk, Mont-
faction headed by Mr. Brooks gomery, and Scott counties; that
took sides with the Lieutenant he accepted pecuniary considera-
Governor, Johnson. It contained tion for issuing railroad-aid bonds
a sufficient number of Republic of the State issued to the Mem-
cans in the House to pronounce the phis & Little Rock, the Little
efforts of the Governor to deprive Rock & Fort Smith, and the Mis-
the Lieutenant-Governor of his sissippi, Ouachita & Red River
rightful succession to the office of Railroad Companies, in violation
Governor, by proceedings for ob- of law; that he committed other
taining from the Judges of the high crimes !'
Supreme Court a writ to restrain On the 17th of February the
him from entering the office of House refused to receive a mes-
Governor, as "revolutionary' in snge from him as Governor. On
its purposes, and a serious of- the same day it agreed to a motion
fence, which demanded the im- for 'the impeachment of John
peachment of the Governor, who McClure, a Justice of the Supreme
had not yet resigned, to accept Court of Arkansas of high crimes
the office of Senator.
and misdemeanors, and to suspend
Accordingly, on the 16th of him from office and, to appoint
February, Mr. W. B. Padgett, of managers to prepare articles of
the House, from Independence impeachment against him, and
County (Republican) presented a make good the same, at the bar of
a motion 'to impeach Gov. Powell the Senate.'
Clayton of high crimes and mis- The motion specified that Judge
demeanors, and to suspend him McClure had 'conspired with
from the office of Governor.' The Powell Clayton and others to de-
motion was agreed to—43 ayes to prive J. M. Johnson of his office
33 nays—and managers were ap of Lieutenant Governor; that he
pointed to prepare articles of im- had bargained for pay and bribes
peachment, and make good the to influence his actions and decis-
same at the bar of the Senate. ions as such Justice of the Su-
The motion charged him with con- preme Court, and issued a man-
spiring to deprive the Lieutenant- damus to restrain the Lieutenant-
Governor of the office to which he Governor from acting as Governor
was elected by the people; that when the office should be vacated
he unlawfully removed certain by the present incumbent (Clay-
officers of Clark County; that he ton); thereby attempting through
encouraged frauds in the election one department to interfere with
98
The Brooks and Baxter War: a History
a coördinate department in the nesses, and adopted rules for that body de-
discharge of its lawful functions.' signed to prevent an impartial investigation
The vote in the House on the of the charges against his Excellency; and
that all delays of the former board were
motion was 43 yeas, 33 nays—the
owing to the action of his Excellency and his
Democrats coalescing with the
friends in the Senate.
ultras, or Brooks men..
"In our opinion said cause has been too
A board of managers was ap- hastily dismissed. We do not believe that
pointed, who went to work ear- the rights of the people have been vindicated,
nestly, prepared articles of im- or the innocence of Powell Clayton established.
peachment, and asked for author- We then believed he was guilty of the charges
ity from the Senate to cause the preferred against him, still believe it, and that
attendance of witnesses. They ample testimony can be obtained to prove
were foiled in their efforts to pro- them."
cure witnesses, and asked to be Which was signed:
discharged, which was done March “D. J. Smith (Republican), Frank M.
2d, and a new board appointed. Thompson (Republican), W. B. Padgett (Re-
March the 4th the new board
publican), E. A. Fulton (colored Republican),
Alex. Mason (Republican), B. B. Battle (Dem-
reported that within the two days
ocrat).”
they had been unable to procure
testimony to sustain the articles Immediately upon the adoption
of impeachment against the Gov- of the report to dispense with
ernor, and moved that further the impeachment proceedings ag-
proceedings be suspended and the ainst him, the Governor, or Sena-
action of the House heretofore tor elect, addressed a communica-
taken be dispensed with,' which tion to the House stating that from
report was adopted.
the fact that a coalition had been
Upon the adoption of the re-
formed of a few Republicans and
port the members of the former
the entire conservative element,
board of managers voted 'no'
he was unwilling, by any act of
and offered their written explana-
his, to place in the executive chair
tion for their said vote, in which
the leader of that coalition (Lieu-
they say:
tenant-Governor Johnson), and his
duty compelled him to decline
“ We offered to furnish the new board with
the position of United States Sen-
testimony to the perpetration of frauds by the
ator to which he had been elected.
Governor in Hot Springs County, and advised
The political game in which
said board of testimony [to prove charges] in
Memphis and New York, which that board
these two factions were contend-
declined to take time to procure; that Senators
ing with each other, both having
absented themselves from the Senate for sev.
a right to bear arms and exert
eral days, and thereby defeated the former force,' was becoming interesting.
board from securing the attendance of wits Governor Clayton was appealed to
of the Reconstruction Period in Arkansas.
not to leave his supporters naked On the 17th March he sent in
to the “Brindles," by permitting his resignation of the office of
Johnson to succeed him. He Governor, in the form of a mess-
must not resign his office of Gov- age to the two houses, informing
ernor until Johnson could be dis- them that he had turned over to
posed of. Now, Johnson was the President pro tempore of the
principally actuated by a desire to Senate all the books and official
benefit Johnson himself. He ac- records of the office of Governor
cordingly accepted from the Gov- of the State of Arkansas. The
ernor the appointment of Secre- President of the Senate was to be
tary of State vice R. J. T. White, the acting Governor during Clay-
resigned, and upon the resignation ton's unexpired term of Governor.
by Johnson of the office of Lieu- Senator Clayton, by the elec-
tenant-Governor, Senator Ozra A. tion of Hadley President pro tem-
Hadley, of Little Rock (carpet- pore of the Senate, and acting
bagger), was elected President of Governor, proposed to continue
the Senate. This was considered his control over the State from his
a master stroke by the “Minstrels," seat in the United States Senate.
and secretly approved by the greater number of Democrats
“Brindles," as the Secretary of than ever before had found their
State, through his duty to canvass way to seats in the present Legis-
and make report of the result of the 'lature. They were on the alert,
general State elections, was a most of course, to encourage divisions
important officer in that era of among their Republican adversa-
fraudulent voting and false returns. ries. They coquetted skilfully
The office paid better than that of with each side, while they loved
Lieutenant-Governor. Nottill then neither. The power of their votes
would Clayton vacate his seat. was manifested. They understood
March 14th, ten days there the principle of the maxim, “ Di-
after, a new election for Sena vide et impera.” They thoroughly
tor was agreed upon 'to fill understood that they held the bal-
the vacancy occasioned by his ance of power.
declination. He was renomina- The leaders, among them were
ted, and on the 15th March, in Messrs. Robt. A. Howard, of Pu-
joint session of the two houses laski County (Chairman Demo-
declared duly elected Senator to cratic State Central Committee);
represent the State in the Con- J. W. House, of White; J. M.
gress of the United States, and Pettigrew, of Franklin; J. A. Meek,
to fill the vacancy occasioned by of Poinsett; W. H. Cate, of Craig-
the declination of the Honorable head; E. P.. Watson, of Boone;
Powell Clayton.
J. M. Pittman, of Washington;
Іоо
The Brooks and Baxter War: a History
John F. Owen, of Benton; B. B. preserved a copy of it, and will
Battle, of Hempstead; John J. presently insert it in full.
Sumpter, of Hot Springs—Demo- At this juncture the Governor
crats—allied with Wm. B. Padgett, sent to each house of the General
of Independence; Frank M. Assembly the following message:
Thompson, of Columbia; Alex.
E. Mason, of Calhoun; Moses "I am instructed by the Governor to inform
Harvey, of Greene: E. A. Fulton your honorable body that he has this day,
(colored), of Drew-Republicans.
Ioth March, approved and signed the pro-
J. J. Sumpter had been counted
posed amendment to the [State] Constitution,
which, if adopted, and ratified in the manner
out by the frauds charged against
the Governor; but he and J. F.
prescribed in Article Thirteen, shall hereafter
be substituted for and known as Article Eight
Lane were seated February 6th,
scoiudiy oil, of the Constitution of the State of Arkansas.
and the three sitting Republican “KEYES DANFORTH, Act'g Private Secy."
members unseated by the adoption
of the minority report of the Com- This was actual compliance with
mittee of Elections of the House, the declaration of the Governor's
by, an emphatic majority.
October speech'in front of the
· The Governor, at his first elec- Capitol. Danforth had been Clay-
tion as United States Senator, had ton's Adjutant General, an office
received the vote of many Con- which had been abolished by a
servatives. Their support was bill introduced by John M. Clay-
upon the principle of Grecian ton. But he had married the
ostracism of those who were dan- handsome daughter of the acting
gerous to the State, or obnoxious Governor, and was continued in
to the people. The motive that office as private secretary of the
impelled them to give that acting Governor.
support was not exactly the The proposed amendment was
same that the Athenian avowed actually agreed to by the next
for plumping his shell in favor of succeeding legislature, and sub-
banishing Aristides—"because he' mitted by act of Jan. 23, 1873, and,
was tired of hearing him called being ratified by the people March
*The Just.'” Such motive was 3, 1873, was substituted for and
eloquently disclaimed. It was became Article Eight of Constitu-
declared by the able and fearless tion of 1868. This Article removed
young member of the House, Mr. all restrictions upon the exercise of
House, from White County, in ex- the elective franchise, except for
planation of his vote for Clayton felonies of which the accused had
when, upon a second balloting for been duly convicted, paupers, in-
United States Senator, he with sane persons, etc.
drew his support from Clayton. I This measure was by far the most
of the Reconstruction Period in Arkansas.
IOI
important that could have been market-places of Paris, or as a door-keeper in
demanded by the people. All the House of Commons of the Parliament of
needed reforms could be enacted Great Britain.
by their true representatives after “At that time I believed that Governor
that. Changes in the election laws, Clayton was guilty of malfeasance in office;
choice of their own county officers of mal-administration; of high crimes and
(before made appointive by acts misdemeanors, and I am more thoroughly con-
of the legislature), and ultimately .vinced of it now. I cannot say positively that
those made the subject of execu he authorized, but there can be no doubt that
tive appointment could be accom-
he approved of the conduct of the militia in
plished under this amendment to
some sections of the country, where they
robbed and plundered the best citizens, in-
the constitution.
timidated others and drove them from their
The explanation of the Con-
workshops and other places of business,
servative vote for Governor Clay-
while other honest, quiet, inoffensive citizens,
ton for Senator, was forcibly and
for no cause whatever, they took from their
accurately expressed by Hon. J. bed-sides and families, at the dark hour of
W. Hòuse, Conservative member midnight, and murdered in the most horrible
from White County :
manner, without jury or court. And to-day
“I desire to say, that heretofore I have let these very men, whose souls are blackened
the record explain my votes, and I am willing with crime, whose hands are stained with
to-day to let that record stand as a living human gore, are held up, as I believe, by his
monument in all time to come, and as my plat Excellency, as the model men of the country,
form with which I am willing to stand or fall. ready to do the same inhuman work at the
I did not explain my vote cast for Governor
mandate of their master. [Of the financial
Clayton for the United States Senatorship, be- frauds he did not speak, because the testi-
cause my constituents, to whom I am alone mony was wanting.]
responsible in my representative capacity, will “It has been said by Republicans, and
understand my reason for casting that vote. even by Republican journals throughout this
"It was not because I approved of Gov- State, that Governor Clayton came down
ernor Clayton's administration. God forbid from his high official position, that he aban-
that I should ever approve of such an one! It doned the gubernatorial chair, for a time, to
was not because I loved Powell Clayton, but manipulate and control the elections for his
because I love my country more; not that I own selfish purposes, in order that he might
expected to gain any favor at the hands of his be elected to the United States Senate ; that
Excellency, but that I might be instrumental hundreds of our most patriotic citizens,
that I might lend a helping hand for the relief whose views were known to be opposed to
of the oppressed, outraged and down-trodden Governor Clayton's, were refused registration
people of the State of Arkansas. It was not for no legal cause whatever, is a fact too well
that I expected he could do us any good in the known to even allude to. Then, in view of
United States Senate, but that I thought he the fact that the Governor appointed these
could do us about as much harm in that body officers, and they have not even been rebuked
as the newsboys in the streets of New York by him, there is evidence to my mind that the
City, or as the auctioneer in the stock-yards or charges are not false."
IO2
The: Brooks and Baxter War: a History
The trial of Chief Justice Mc- magistrate must be charged with
Clure before the Senate, composed a corrupt motive, an intent to pre-
of his coadjutors in the movement vent the course of law and justice.
against the Lieutenant-Governor, Messrs. Willshire, Yonley, and
was a travesty upon impeachment Gantt, his counsel, multiplied
proceedings. Nothing else was ex- precedents in support of this posi-
pected. The Governor had satis- tion. “The articles," they said,
fied the difficulty out of which it “were bad in substance, charging
grew, by making the Lieutenant, no offense," etc.
Governor, Secretary of State. The Mr. C. B. Neill, one of the House
impeachment was on the bills, managers, in support of the arti-
however, and public curiosity, en- cles, argued, that, under the Con-
couraged by the vanity of the ac- stituțion, Art. vii., $2, any miscon-
tors, demanded that it be played duct or mal-administration of a
out. It began on the 20th of civil officer render him liable to
March. Little John Whytock, ap- impeachment and removal, what-
pointed by the Governor, presided ever the intent. He cited the
as Special Chief Justice. The trial of Addison, Judge, Penn, St.
Great Impeached, having opened Reports, and Peck's case, to show
the spectacle with an exhaustive that abuse by an officer of the
'statement'(argument) in his own powers of his office, rendered him
behalf (having previously filed his liable, regardless of the intent.
'demurrer' to the articles of im- Upon the question presented by
peachment), and pleaded it'in bar' the special Chief Justice, whether
of the impeachment. He ex- the demurrer to the articles of im-
plained, for the information of peachment exhibited against John
those who were not lawyers," that McClure, Chief Justice of Arkan-
the filing of the demurrer admitted sas, shall be sustained?' the Sen-
all the facts stated in the articles ate voted yeas, nineteen; nays,
to be true. The charge of the ar- none. Thereupon his friend Why-
ticles against me is, that I unlaw- tock, presiding, announced, “He
fully issued a temporary restrain- will be acquitted. He admitted
ing order against James M. John the truth of the charges, but
son. The question, as presented claimed that they did not describe
by the articles and demurrer, there an impeachable offense. The
fore, is, can an officer be im- 'High Court of Impeachment'
peached for an unlawful act which then proceeded to vote the injured,
is unaccompanied with either an but innocent, victim of Brindle-
unlawful intent or a corrupt in- Tail persecution two thousand dol-
tent?" He cited People v. Coon, lars of the people's money to pay
from 15 Wal., which held that the the costs, and ordered five thou-
of the Reconstruction Period in Arkansas.
103
sand copies of the report of the honored, decorated, rewarded.
trial, containing, besides the pro- Success, makes the hero; failure,
ceedings proper, the full speeches the villain. Saintly capitalists, in
of the eloquent counsel, to be gilded sanctuaries, thanked their
printed by the contract printers, God that, though paroles had been
of whom the Chief Justice was violated, prisoners murdered, wo-
one!
men and children terrorized, fields
The Chief Justice had been an and folds ravaged-yet that ends
imposing figure during these his- so profitable had been accom-
torical and sensational events. He plished! The incompetent colored
read an elaborate 'statement' in wards were not merely emancipa-
his own defense, which is, of ted, but enfranchised to be made
course, a part of the published instruments for riveting the chains
proceedings. His flowing beard upon white labor. States, whose
hung over his breast, while he independence had been granted by
boldly defied his prosecutors. The the King, Lords, and Commons, in
many informal impeachments Parliament assembled, had been
brought against him might be coerced to ratify an amendment
cheerfully dismissed with the result that gave political ascendency to
of this last arraignment. They were African slaves over their former
as plenteous and gross as those owners; that denied the right of
rained by Prince Hal upon Sir suffrage to the remnants of the
John Falstaff. Yet many wil. Aborigines and more intelligent
lingly have entreated for him as Mongolians. Just so the Church
Falstaff pleaded for himself: 'No, bestowed the consecrated hat, and
my good lord, banish Peto, banish title of 'Defender of the Faith,'
Poins; but for honest Jack Falstaff, upon the cruel Duke of Alva, who
quaint Jack Falstaff, adroit Jack could count his executions by the
Falstaff,--banish him and banish thousands, and confiscations by the
all the world!'
millions.
And now that Gov. Clayton had Mr. Lincoln, if he had lived,
secured his seat in the U., S. would have ennobled his tri-
Senate; that the Chief Justice umph, and perpetuated his party
had come out of his impeachment by loftier methods. He would
trial 'acquitted;' now that the have reconciled the sections by a
militiamen from Commander-in- candid appeal to justice-a loving
chief to foot-burner, had been charity for all; malice towards
amnestied, and the Rev. Joseph none.' He would have protected,
Brooks had been relegated to the instead of oppressed, and soothed
Ku-Kluxes, the victims were for rather than insulted. He would
gotten, while the victors were have strictly construed the funda-
104
The Brooks and Baxter War: a History
mental law, while recognizing the
importance of human develops
ment in its richest diversity.'
When he fell a victim to the
senseless assassin who (with the
same motive) would have burned
the temple of Diana, he had not fin-
ished his life-work. He, alone,
could have pacified, restored and
reunited.
NOTE.-That Mr. Lincoln's utmost wish
was the restoration of the Union, as it was,
(upon conditions that were the inevitable re-
sults of the conflict), is conclusively shown in
the noted peace-conference at Hampton
Roads, after Sherman's entry of Savannah.
It was attended by Mr. Lincoln and Mr.
Seward, his Secretary of State, on behalf of
the United States, and by Mr. A. H. Stephens,
Vice-President; John A. Campbell, Ausistant
Secretary of War, and R. M. T. Hunter,
Senator, of the Confederate States. The last
named were authorized by letter of Jefferson
Davis of January 28, 1865, brought about by
Francis P. Blair. The meeting was on board
the River Queen February 3, 1865.
Mr. Lincoln, sustained by Mr. Seward, first
stated his demands, which were substantially
according to the following subdivisions:
I. As to restoration of the Union, it could
only follow the disbanding of the armies of
the insurgents and permitting the national
authorities to resume their functions. He ex-
pressed it as his opinion that thereupon the
Southern States ought to be and would be
admitted to representation in the Congress of
the United States, but could not enter into
any stipulations on that subject; that when
resistance ceased the States would be imme-
diately restored to their practical relations
within the Union.
2. Upon the subject of confiscation, he
said the confiscation acts left the control en-
tirely to him, and he could state explicitly,
that he would exercise the power with the
utmost liberality.
3. The emancipation proclamation, he
said, was a judicial question. His opinion
was, that as the proclamation was a war
measure, as soon as the war ceased it would
be inoperative for the future. “It would be
held to apply only to such slaves as had come
under its operation, while it was in active ex-
ercise"-" that he would leave it to the courts
to decide, and would never change its terms
in the slightest particular; that he never
would have interfered with slavery in the
States unless he had been driven to it by a
public necessity. He had always himself
been in favor of emancipation, but not im-
mediate emancipation, even by the States.
Many evils attending this appeared to him."
He went on to say, that “he would be willing
to be taxed to remunerate the Southern peo-
ple for their slaves. He believed the people
of the North were as responsible for slavery
as the people of the South, and if the war
should cease with the voluntary abolition of
slavery by the States, he should be in favor
himself of paying a fair indemnity to the
owners. He could mention persons whose
names (Horace Greely was one) would cause
astonishment, who were willing to do this, if
the war should now cease with the abolition
of slavery, and were in favor of an appropria-
tion of four hundred millions for that pur-
pose.” But on this subject he spoke his own
mind merely; could give no assurance.
Mr. Secretary Seward then mentioned the
proposed Thirteenth Amendment abolishing
slavery, introduced in Congress a few days
before (having been voted down by the House
at the preceding session), and said, as it may
be supposed that wily statesman was capable
of saying, diplomatically: “If the South will
submit and agree to immediate restoration,
the restored States might yet defeat it," as
without some of them, the requisite three-
of the Reconstruction Period in Arkansas.
105
D
fourths could not be obtained; intimating that
the amendment had been passed by Congress
"under the predominance of revolutionary
passion."—(Stevens' War between the States;
Campbell's Recollections.)
Gen. Grant's fidelity and magnanimity were
proven on this historical occasion. He paid
no heed to the proposals of the Confederate
Commissioners, that he and Gen. Lee, during
an armistice, should agree upon a peace set-
tlement. The Commissioners had been turned
back by Mr. Lincoln. Maj. Eckert, the Presi-
dent's messenger, had reported to him that
they did “not talk right." But Grant, hear-
ing of the President's refusal to receive them,
telegraphed the Secretary of War February 1,
1865, a dispatch, which was immediately seen
by Mr. Lincoln, and decided him to meet the
Commissioners in person. The dispatch was
as follows:
"I am convinced, upon conversation with
Messrs. Hunter and Stephens, of their sincere
desire to restore peace and union. I recog.
nize the difficulty of receiving these informal
Commissioners, but am sorry that Mr. Lin-
coln cannot have an interview with the two
named, if not ail three, now within our lines.
U.S. GRANT, Lieut.-Gen.”—(House Proceed-
ings, Second Session, 38th Congress.)
This was about two months before the Sur-
render, when Grant had the Confederacy in
his grasp, and he would thus forego the tri-
umph at Appomattox.
“There were four persons present at the
Conference held at City Point on the 28th of
March, 1865. They were Lincoln, Grant,
Sherman and Admiral Porter. It was before
these men that Lincoln freely discussed the
question of ending the war, and in Sherman's
Memoirs he says: “Mr. Lincoln was full
and frank in his conversation, assuring me
that in his mind he was all ready for the civil
reorganization of affairs at the South as soon
as the war was over.' Had Lincoln stopped
with the general assurance of his purpose to
restore the South to civil government, it might
be plausible to assume that Sherman misin-
terpreted his expressions, but Sherman adds
the following positive statement: "He (Lin-
coln) distinctly authorized me to assure Gov.
Vance and the people of North Carolina that
as soon as the rebel armies laid down their
arms and resumed their civil pursuits they
would at once be guaranteed all their rights
as citizens of a common country ; and that
to avoid anarchy the State Governments then
in existence, with their civil functionaries,
would be recognized by him as the Govern-
ments de facto till Congress could provide
others. There was no possibility for Sher-
man to mistake this expression of Lincoln.
He was distinctly instructed to assure the
Government of North Carolina, the State in
which Sherman's army was then operating,
that upon the surrender of the insurgent
forces all would be guaranteed their rights as
citizens, and the civil governments then in
existence would be recognized by Lincoln.
There was no chance for misunderstanding on
this point.
“He refrained from emancipation for
eighteen months after the war had begun, sim-
ply because he believed during that time that
he might best save the Union by saving
slavery, and had the development of events
proved that belief to be correct he would
have permitted slavery to live with the Union.
When he became fully convinced that the
safety of the Government demanded the de-
struction of slavery, he decided, after the
most patient and exhaustive consideration of
the subject, to proclaim his emancipation poli-
cy. It was not founded solely, or even chiefly
on the sentiment of hostility to slavery. If it
had been, the proclamation would have de-
clared slavery abolished in every State in the
Union; but he excluded the slave states of
Delaware, Maryland, Tennessee and Missouri,
and certain parishes in Louisiana, and certain
counties in Virginia, from the operation of the
106
The Brooks and Baxter* War: a History
proclamation, declaring in the instrument that
has now become immortal, which excepted
parts are for the present left precisely as if this
proclamation were not issued.'
“But while he was compelled to accept
the issue of revolutionary emancipation, he
never abandoned the idea of compensated
emancipation until the final overthrow of
Lee's army in 1865. He proposed it to his
cabinet in February of that year, only to be
unanimously rejectod, and I personally know
that he would have suggested it to Stephens,
Campbell and Hunter at the Hampton Roads
conference in February, 1865, had not Vice-
President Stephens, as the immediate repre-
sentative of Jefferson Davis, frankly stated at
the outset that he was instructed not to enter-
tain or discuss any proposition that did not
recognize the perpetuity of the Confederacy.
“In a personal interview with Jefferson
Davis, when I was a visitor in his house at
Beuvoir, Miss., fifteen years after the close of
the war, I asked him whether he had ever re-
ceived any intimation about Lincoln's desire
to close the war by the payment of $400,-
000,000 for emancipated slaves. He said that
he had not heard of it. I asked him whether
he would have given such instructions to
Stephens if he had possessed knowledge of
the fact. He answered that he could not have
given Stephens any other instructions than he
did under the circumstances, because, as
President of the Confederacy, he could not
entertain any question involving its dissolu-
tion, that being a subject entirely for the States
themselves." — A. K. McClure in Globe-
Democrat.
At no time did Mr. Lincoln indulge any
false sentiment or make any false pretense
with regard to the estimate he held of the
people of African descent. He knew them
from his boyhood. He was opposed to their
forced servitude upon principle. But recog-
nized it as lawful, only stipulating through his
fidelity to law, that it should be confined to
the States in which it existed, until the people
of those States should voluntarily abolish it.
If there were those among them of mixed
blood, who displayed mental gifts beyond the
average powers (and he did not deny them
mental endowments), he understood the ab-
normal developments arising from a blending
of the species which did not apply generally,
and announced, 'There is a physical difference
between the two races which, in my judg.
ment, will forever forbid their living together
on a footing of perfect equality.' He repelled
the charge that his party favored miscegena-
tion. He declared, on repeated occasions.
particularly in a speech at his home, the capi.
tal of Illinois: “There is a natural disgust in
the minds of nearly all white people at the
idea of an indiscriminate amalgamation of
the white and black races.' He was familiar
with their history and that of their ancestors.
He realized that they remain as they were
before the thunder of Sinai was echoed by
Abba Yared; before the pyramids; before
Thebes and its Prince Memnon, who led them
in hosts to the support of the cause of Troy.
This was in the dawn of enlightenment,
which shone thus early upon a part of Africa,
many tedious ages before it burst across the
Atlantic, upon the Alleghanies and the Andes,
and revealed the graces of drapery and re-
ligion to Pocahontas, and the mysteries of bi-
metalism to Montezuma and the Incas.
Mr. Lincoln had always dwelt upon the
first clause of the Declaration of American
Independence: “We hold these truths to be
self-evident -- that all men are created (not
born) equal, endowed by their Creator with
certain inalienable rights, and among these
are life, liberty and the pursuit of happiness.”
Rousseau's Du Contrat Social expressed
the principle quite differently, and his philoso-
phy went farther than Henry George, in as-
serting that the land, as the air, belongs
of the Reconstruction Period in Arkansas.
107
equally to all. He taught in his Contrat So associate with the white race, either in social
cial and his Discours, that:
or political relations."
(1) “All men are born free; politically They were in their nonage. They will not
equal, and good; consequently, it is their nat- become men, in a republic, until they can take
ural right to be free, equal, and good.
positions in regard to their own interests in-
(2) “All men being equal by natural right
telligently and independently.
H.
none can have any right to encroach on an-
other's equal right. Hence no man can ap-
propriate any part of the common means of
SIXTH PAPER.
subsistence that is to say, the land, or any-
thing that the land produces--without the “O from his masterful sweep, the warning
the unanimous consent of all.”
cry of the eagle!
Now the truth is, that human beings are
(Give way there, all! It is useless ; give up
your spoils !)
"born' helpless infants, and are under tutelage O sarcasms, propositions! O if the whole
until .created,' or grown to be, men. Then
world should prove indeed a sham,
they acquire their inalienable rights.'
a sell!)”
-Walt Whitman.
Sir Henry Maine, in his work on Ancient
Law, says that the “Strictly judicial axiom of
The recommendation of the
the lawyers of the Antonine era, Omnes hom- party leaders, that all Democrats
ines naturi æquales sunt, after passing qualify under the franchise clause.
through the hands of Rousseau, and being of the State Constitution, produced
adopted by the founders of the Constitution an immediate split in the Republi-
of the United States, returned to France en can organization. It was about to
dowed with vastly greater energy and dignity, widen into complete disruption.
and that, of all the principles of 1776, it has
Opponents to that recommenda-
Onne
been the one which most thoroughly leavened
tion, among them Gen. Albert
modern opinion.”
Pike, had been technically correct
But the African slave was supposed not to
have grown to manhood. He was not intend.
in denying the validity of the
ed to be included in the Declaration, if the Su-
military bills of Congress and
preme Court of the United States (not Chief State Constitutions enforced under
Justice Taney–hut ine Court) understood that these bills. Imposed upon the
instrument, and the Constitution framed under Southern States by the “Supreme
it. That Court said in the Dred Scott case,. Power," the sword, they yet con-
as showing how the negro was regarded in tained this franchise clause to re.
976:
deem them from absolute despot-
" It is difficult at this day, to realize the ism. under which all who were
state of public opinion, in relation to that
heretofore citizens, with a few ex-
i
unfortunate race, which prevailed in the en-
ceptions, might become voters.
lightened portions of the world at the time of
the Declaration of Independence, and when
A people by heredity and train-
the constitution was framed and adopted. ing educated to self-government
“They had, for a century or more, been re- were not slow to perceive that the
garded as beings of an inferior order, unfit to offer contained the only escape
108
The Brooks and Baxter War: a History
from the perpetuation of Republic Kluxes” could save them from
can one-man power. Armed with such a peril.
the ballot they might, with hope, Confident of their strength, they
enter a contest against force and denounced the “State House ring”
fraud and encourage tendencies as meditating a betrayal of the
in government that elevate and
party to the Democracy by pro-
condemn those which demoralize. posing liberal measures. They
It was a question of free institu-
were not the last to propose. Not
tions and equal citizenship or sur-
only did Catterson charge Clayton
render to an oligarchy erected and
to his face that he was attempting
sustained by peculation and dis-
“to sell out to the Democracy”—
honor. Ary great moral cause will
the same maneuver he and his
confreres attempted a few years
overcome one that corrupts. It is
a universal law that leads us to
later; but Whipple caused Clayton
prefer the best.
to be indicted by a United States
grand jury for alleged violations
Liberty Bartlett and John Ed- of the election laws. Rice, Brooks,
wards issued the call for a “Liber- Whipple and Catterson went be-
al Republican" Convention as an fore the committee of the House
appeal to that powerful conserva- of Representatives, at Washington,
tive element which is to be found and induced it to report against
in all communities and was rapidly Edwards who had received Clay-
growing under the committee's ton's certifiate of election; where-
recommendation. We have seen upon the House declared Boles
that Powell Clayton and Thomas entitled to the seat. Affiliating
M. Bowen had realized the danger with James M. Johnson and other
of this movement and taken timely irreconcilables (encouraged by the
steps to out-bid it. Rice, Brooks, Democrats), we have seen how
Whipple, Catterson and others they impeached and stigmatized
were not to be so readily awak- Clayton and McClure. They
ened. They dreamed of a “loyal” caused an investigation of the cir-
carpet-bag oligarchy founded cumstances of Clayton's election
upon negro suffrage. They en- to the Senate.
tertained false sentiments and Not until they fell under the
erroneous estimates in regard to ban of the President and the re-
the negro. They did not then proof of the Senate, did they re-
suspect that their visions were alize that they were not “the
as unsubstantial as if they had party" in the State--the original
entered a zoological garden to patentees, entitled to its royalties.
hold it against the proprietors, by Then, frantic with desire for self-
liberating the animals. Only “Ku- preservation, they discovered the
of the Reconstruction Period in Arkansas.
109
growing strength of the conserva- repeated his phrases, with some-
tives. They reluctantly gave up thing of a stammer.
the Union Leagues; but not until His colleague, Senator Clayton,
the Union Leagues had abandoned described this stammer, and gave
them. Of all which the people a history of the cause of his leav-
were well informed.
ing Kentucky, in the bitter de-
Senator B. F. Rice had been nunciations he heaped upon him
elected by the first reconstruction in the course of the ensuing cam-
Legislature for the long term.” paign, or “Presidentiad," as Walt
His successor would not be elected Whitman, the poet, names our
until 1874. He took sides with quadrennial presidential elections.
Brooks, Hodges and Whipple. The “Presidentiad" of 1872 seem-
Senator Clayton, his newly elected ed a poor, blundering, disappoint-
colleague, made him the object of ing “Presidentiad” to the people
most withering denunciations in of Arkansas at the time. Di
speeches reported by Pomeroy, meliora, however, for when its re-
and whichare reproduced in this pa- sults were all realized, it was
per. He conducted the Senatorial known to have accomplished their
investigation against Clayton,upon grandest deliverance. It unfolded
charges of improperly securing his like a drama.
election to the Senate. He was a Senator Rice, as did Mr. Brooks,
lawyer of ability and was admitted entertained the idea that the freed-
on the “ground floor" — as a men would be everlastingly grate-
charter member— in the State ful to any and all persons who
Republican organization of 1869. presented themselves as Republi-
evils. In the reconstruction of a of their race. He believed it
State, one lawyer at least became would be inexcusable stupidity to
an indispensable accessory. He train without them. “The race"
was a native of New York State, was the fad of the day. The
but came to Arkansas from Texas. Brindles were especially loud in
He had practiced law in Kentucky their protestations of love for the
before going to Texas. He was freedmen, and were continually
a large man, past the middle age, pronouncing the shibboleths of
with a large head on stooping “ Brotherhood of men,” “Equality
shoulders, rather rachitic in pose before the law," and the like. It
and motion. His gray eyes flashed was painful to witness, in the face
an inquiring glance from under of this tender solicitude, the
shaggy brows. His voice was fine heartless and ungrateful benefici-
as a girl's, with the quaver of aries fall away from their benefac-
adolescence or old age, and he tors in mass as soon as it became
IIO
The Brooks and Baxter War: a History
known to them that the official Prone upon the freedmen are
heads of Brooks, Catterson and their former owners, almost as
Whipple had fallen into the Presi- helpless, groaning under the
dent's little basket. Grant in- weight of the merchant. Pressing
dulged no fads.
upon the merchant are the rail-
A few of the old-time colored roads and their magnates; and
followers of Mr. Brooks seemed upon them rest the steel and iron
to adhere to him-Jack Agery, and other manufacturers, a gi-
Tabbs Gross, Carter McClellan, gantic combination. Forming the
George Perkins and Jerome Lewis. cloud-capped towers of the super-
But“ Judge” Gibbs, colored, more structure are the millionaire bank-
politic and far-seeing, said "those ers and brokers, bondholders, pen-
negroes were kept for decoys; a sioners and royalty-aping Execu-
blind duck could see they were tives and their ministers, all domi-
painted wood.” The body of the nated by the money-lenders of
colored people realized that their London and Paris and Frankfort.
liberation had been the god-send These are the new owners of the
of circumstances, the deus ex ma. freedmen, for sale again under the
china of war, and that their once hammer of the stock exchanges.
worshipped gods were only idols Rev. John Peyton refused to
of clay, or as they expressed it, follow Mr. Brooks. He declared
“their name was mud." As Da- his allegiance to the “ring."
gonet, at the fountain of wine, “I views 'em all as rings,” he
so they drank and found:
said. “Mr. Brooks may not be in
“The cup was gold, the draught was mud.” it; but Senator Rice, Mr. Roots,
Under the new system of pre- Hodges and Weeks is a nudder
tended protection, they, with all ring, ov coase. De State House
the tillers of the ground, were ring is 'stained by de gubment.
doomed to mud indefinitely. They De gubment's got de power.
became its “mud-sills.” In the We'll jess do what hit sez. I doan
land of cotton, “simmon-seed and want teh be a prodigal son, an'
sandy bottom,” they were the base eat roas'n eahs behin' de fiel',
of the superstructure, which, by when I ken stay in de house an'
its meretricious splendor, was git meat an' mellassis.”
dazzling the nations. England, Mr. Brooks explained that he
from her moated castle, like a was aware of the disposition of
robber-baron of old, forces trade, the colored people to attach them-
and levies toll upon Asiatic and selves to those in power. He so
African “barbarians," yet spares declared in the first speech he
her subjects at home unequal ex made after he was voted out of the
actions.
State Senate, and removed from
of the Reconstruction Period in Arkansas.
III
his Collector's office. He deliv-
ered it at the City Hall, in Little
Rock, March 2, 1872. The Dem-
ocratic - organ” called it “The
First Gun of the Campaign.” Mr.
Brooks commenced by saying:
“Parties are not iron bedsteads [alluding to
that of the fabled Procrustes, though in the
.ancient legend, it was the individual, and
publican party. When I hear men denounced
for stealing levee bonds, for getting rich
through official peculation, I do not think my
party attacked.—[Both were always equally
impeccable). A few of us went to Wash-
ington in December last, to prosecute the
claims of the Third Congressional District
representation. The House finally judged
the evidence, taken before Tudge Whytock, to
be sufficient to eject Edwards and seat Boles.
shortened or lengthened to suit the circum- whelming. We showed that we had beat the
stances or wishes of individuals. The rela-
Clayton clique, notwithstanding their ballot-
tion of parties to the people are analogous to
box stuffing, by 2100 votes. And yet Boles
the relations of man and Christian Sabbath!
did not get the certificate from the Governor !
Tesus said to the Phairsees, ‘Man is not We spent time and money, not ill-gotten
made for the sabbath; the sabbath is made
money, not money from levee bonds, or from
for man,' Man was made first. So with
railroad aid bonds. Our «ring' never had a
parties. The people are not made for party State aid bond. We spent time and money,
but the party for the people. All parties are and it panned out all right. Boles was given
mutable.
the seat that Clayton had swindled him out
“Men have been raised to power in Arkan-
of.
of.
Not even poor, contemptible Snyder
saw who had no Republican principles in dared say “no', when the vote was taken. It
1860, although in Kansas, [alluding to Clay,
in Kansas, Lamuding to play.. was unanimous for Boles without regard to
ton] at that time and place of creative forces.
party. I believe that the suspension of Cat-
Men now claim to belong to it who did not
terson and Whipple will be revoked, and the
believe in negro suffrage in 1866! We raised
new appointees in their stead will not be con-
some such to power, God forgive us! and put
firmed.
them on the Supreme Court bench, and in the
[The speaker made no reference at that
Executive chair! Some of these men think
they own the partykeep it in their breeches
time to his own suspension from the office of
pocket. When this state of affairs exists, it
Revenue Collector by Grant].
becomes the duty of the people to overthrow
“Whipple and Wheeler were summoned to
it.
“The party is made for the people, not the
outrages. Their testimony made it incum-
people for the party. The Republican party
bent on the Senate to investigate the matter
was not made for the base uses to which it is of Clayton's election to that body. Should
being put in this State. The men who organ the Seuate not see fit to remove him, I will
principles, and sealed it with their blood ſon
Whitc river, where he was wounded and
Hinds killed] that the people might be bene-
fited.
“Let no man suppose this to be a tirade
against party organization, or against the Re-
disgrace to the State, to the end of his term.
“But to turn to the future. In a few months
we shall he engaged in electing a President
and new State, county and municipal officers.
I believe we shall march forward in the appli-
cation of the great principles of equality of
112
The Brooks and Baxter War: a History
ton.
that
all men before the law. Look at the 'Re- ocrats, crowded the house to the
publican' Clayton's organ, and its parentheti- walls, and from the rising seats,
cal exclamation points, when referring to cheered him with ecstacies of de.
“honest men for office. Just as women,
light. There were many “Liberal
sceptical of female chastity, are by common
Republicans” in the crowd, who
consent, set down as of shaky virtue, so we
wore expressions of mingled pleas-
suspect the honesty of men who thus scoff at
ure and dismay. The ponderous,
the idea of political virtue. They are them-
selves thieves ! * * *
but jovial Toot Dillon shouted
“We are in favor of a fair registration and
"give 'em fits, Parson!” Tom
an honest count. Such men as the accident-
Henneberry and Geo. McDiarmid
al' Governor, [Hadley] would not hesitate to pressed clear to the platform, and
throw out Republican votes as well as Dem- shouted themselves hoarse.
ocratic, to forward his purposes. Aye! it has The war of the factions was on.
been done in this State. It has been said by The Liberals had burned their
a man who I believe is in this audience, that
bridges; they were in the fight to
Hadley will count himself and followers in,
a finish. The humblest Democrat
next fall. Colored men have been thus led to
support Hadley, and join the ranks of Clay-
knew that it meant the overthrow
of Republicanism. Howard and
they feared the certainty of being counted Nash, of the Democratic Central
out, left out in the cold. I do not wish to be Committee, ex-members of the
considered profane, but I say to Hadley and staff of Gen. Frederick Steele; the
Clayton: Count me out and be damned ! *** former prepared for the bar in the
“No, fellow-citizens, the man who receives law office of Edwin M. Stanton,
the nomination of this clique for Governor or Lincoln's Secretary of War; look-
any office will be beat! If I was nomi- ed on from the back benches, with
nated for an office, I should like to be elected. smiles of anticipated triumph.
I will have nothing to do with the thieves.
The newspapers carried on the
This is a fight for life and liberty! If I can-
controversy with even greater
not be elected on a platform of honesty, I
bitterness. On the 13th March,
won't be elected at all. If I am, it will be on
a platform hostile to the present thieving in
1872, “The Journal,” organ of the
high places!”
Brindles, published a communica-
tion signed “Arkansas," contain-
The orator was at his best. Hising specific accusations
powerful voice, always audible for
squares in its highest cadences,
“In the Clayton investigation, in the United
shook the building and thrilled
States Senate, it was shown that when the
Lieut. Governor, (Johnson] was made Secre-
like a lion's roar. His sallow,
tary of State, and got out of the way, and
massive features, with their grim
Clayton secured his own election to the Sen-
expressions, suited the earnest-
ate, and the State government was turned over
ness of his utterances. The audi-
to O. A. Hadley, the latter carried out all the
ence, composed mostly of Dem plans, and made good all the contracts, entered
of the Reconstruction Period in Arkansas.
II 3
le
into by Clayton to secure his seat in the Senate. that was “carved in ebony.” The
McClure drafted and had charge of the orig- intelligence that Clayton was
inal levee bill; Stoddard of the National “about to sell out the Republican
Bank and his friends manipulated the bill
party, negroes and all to Dem-
through, by direct bribery and open bargain ocracy" moved the bowels of his
and sale. There was paid $25,000 to an at-
compassion, for the poor, colored
torney ; $20,000 for a signature to the bill ;
$2.000 cash and $25.000 in State bonds to a people. As law officer of the
Senator for advocating it. An Associate Justice
United States Courts, he prepared
of the Supreme Court got $35,000 for obtain the indictment against Clayton,
ing State aid to a particular railroad, and he charging Clayton with some crim-
did not divide.' An engineer got $5,000 for a inal interferencein certain election
single night's work, black-mailing contractors frauds and issuing a false certifi-
on another road. And that, in almost every cate of election to Edwards, as
case, these men are now administering the Representative in Congress, over
laws, and filling offices under the Clayton- Boles. to which reference was
Hadley administration!”
made by Brooks in his City Hall
The “Minstrel" organ retorted, speech. Through the efforts of
“that Brooks got $25,000 out of Brooks, Rice and Whipple, Ed-
the Holford bond steal for advo- wards was unseated and Boles was
cating that measure, after he had declared elected by the Republi-
for a time pretended to oppose it can House of Representatives.
And being so bribed, he thence- Brooks, Whipple and Rice also
forth became the champion of the brought accusations against Clay-
Holford bond measure on the ton, impeaching the fairness of his
floor of the House, until its adop- election to the United States Sen-
tion. That Rice gobbled all the ate, with such earnest confidence
levee bonds."
that Clayton was driven to de-
William G. Whipple had been mand an investigation by a com-
appointed by President Grant mittee of that body. Catterson,
United States Attorney for the the United States Marshal, acted
Eastern District of Arkansas, vice with them also against Clayton.
Orville Jennings, deceased. He Judge Dillon, on demurrer de-
claimed descent from William clared the indictments against
Whipple, “one of the signers” of Clayton insufficient. The Presi-
the Declaration of Independence. dent thereupon suspended Brooks,
The descendant was imbued with Whipple and Catterson from office,
but little of the catholicity of that and nominated others in their
instrument. He was a modern places. They had entered the war
Saul of Tarsus, had a rabid hatred against Clayton, had lost, and suf-
of “rebels," and was a fanatical fered official extermination a la
idolator of any "image of God” Japanese, as a consequence. Grant
114
The Brooks and Baxter War: a History
had no love for those philanthrop- Dillon, Geo. Kingsbury, J. W. Beidleman,
ists, pretended negro-worshippers. Geo. E. Blackburn, William Cook, S. S. Sweet,
Their hypocrisy had brought on
Henry Rudd, T. L. Alder, Fred Kramer, M.
a cruel war, of the horrors of whichº C
which, C. Rerdell, R. F. Sayward, Jacob Copeland.
“ If we mistake not, two only of the above
he had himself sickened, although
list are Democrats (Cook and Sayward), and
conducting it on the side which
Sayward was a Union soldier. Cook a
they encouraged with paper pel-
neutral.”
lets of the brain and windy
Disaffection in the party grew
words.
apace.
The Democrats witnessed the
April 6th, the Republican State
decapitations of the “faithful”
Central Committee met by ap-
with half suppressed expressions
pointment, and the Brindles again
of pleasure, though they had no
reported that, “On counting noses,
love for Clayton or his man Fri-
they had five members, and the
day, Acting Governor Hadley. So
Minstrels had only four, where-
the Gazette, Democratic organ,
upon the latter withdrew. Then
without much dissimulation, could
the Committee proceeded to de-
vilify Hadley for any cause, and
clare vacant the places of the four
on every pretext. He had written
seceders, viz: 0. A. Hadley, John
a letter to Clayton, doubtless re-
McClure, Geo. S, Scott and W.
hearsed privately by him and Clay-
W. Wilshire. They elected in
ton, to demand of the President the
the places of two of them, Thomas
removal of Whipple and Catterson.
Boles and E. A. Fulton (colored).'
The Gazette took occasion to lay
This action was followed by a
the matter before the public in the
grand street ovation, in front of the
following article: .
Metropolitan Hotel, in which
“ The most important point made by Act- Joseph Brooks, Thomas Boles,
ing Governor Hadley in his recent villainous Gen. Geo. W. McLane. Logan H.
letter to Senator Clayton, May 15, 1872, ask-
Roots, John A. Williams and W.
ing the removal of Whipple and Catterson, is
J. Hynes took part, pledging them-
that some members of the grand jury of the
United States court were Democrats, or those
se selves to support the action of the
who were not, were personal enemies of the Committee, and denouncing the
ex-governor.
“Minstrels” in the roundest terms.
“ It may not be inappropriate to publish a The Gazette thus describes the
list of that grand jury which found the indice. conclusion of the symposium:
ments, (and there were several) against Gov- “Ex.-Rev. John M. Bradley, at the close,
ernor Clayton. Here they are:
mounted the goods-box which served as a
“J. Clark Wheeler, Oscar M. Spellman, rostrum. He began a speech in reply to the
Anthony Hinkle, Joe Demby, Nathan S. Brindle” orators. Some one from a third-
Rawlings, John Tatum, W. H. Stanbury, story window, presumably a “ Brindle,' threw
Edward Wheeler, Edward Stowell, O. S. an earthenware vessel and its contents upon
of the Reconstruction Period in Arkansas.
115
the revereud orator, dislodging him from his They challenged “The advocates
stand. Mr. Brooks, seeing that Bradley was and defenders of the corruptions
unhurt, said, with his terrible smile, "Let
of the State administration and
justice be done, though the heavens fall!' It
enemies of universal suffrage, uni-
was the only attempt at humor ever made by
Mr. Brooks. The crowd jeered. Bradley
versal amnesty and honest men
was full of humor at least, and replied for office, to meet them as these.
* But h-ll's falling in the shape of washbowls at such appointments." No one
when devils throw them."
responded. They made their can-
vass unopposed. The Gazette of
The bolting committeemen of
May the 15th, thus comments up-
the Clayton faction called a meet-
on the result of that canvass :
ing immediately, with six members
present. They proceeded to
"Judging from reports received from South
organize a new “Republican State
Arkansas, the canvass of Mr. Brooks has
Committee." The new committee
proven unprofitable to him. He has lost
much of the white strength of the Republi-
adopted a call for a “Republican”
cans in that section, while he has failed to
State Convention at Little Rock,
make any breach among the colored people.
on the 18th May, 1872, on the
He has lost the strongest support he had in
basis of the party“vote” in 1870. Columbia County, "The Magnolia Flower,'
The call announced, that it was which had his name flying at the head of that
“for the election of a Republican paper, for the last eight months, has taken it
State Central Committee, and to down in its last issue. The Archers, Frank
appoint delegates to the Republi- M. Thompson and others, were great cham-
can National Convention, and for pions of Mr. Brooks. That they should go
such purposes only."
back on him, is significant.
The old Republican Committee,
“While Mr. Brooks has been very severe
now composed solely of Brindles,
against the State administration, he has not
said one word against the meretricious policy,
had already called a Republican
of the national administration. Though he
State Convention, at Little Rock,
Ock, and Catterson and Whipple had their official
on the 22d May, 1872, for the heads cut off by the President, for the stand
purpose, as announced in the call, they had taken against the Clayton party, they
of nominating a State ticket for the have palliated the conduct of the President,
coming general election, and ap- and thereby failed to attract to their support
pointing delegates to the Republi- the ‘Liberal Republican'element of the State.
can National Convention.
“Overlooking this element, Mr. Brooks has
The State Journal announced,
made a fatuous advance to the colored men.
He has borrowed Sumner's civil rights idea,
April IIth, that Hon. Joseph
and wasted time in trying to impress them
Brooks and Col. John A. Williams,
with the notion that they are badly treated,
of Pine Bluff, would address the and never will be the political equals of the
people at various appointments, whites, until they enjoy social equality by law
mentioned, in South Arkansas. of Congress, for that is the meaning of Sum-
116
The Brooks and Baxter War: a History
ner's bill. The negroes turn a deaf ear to tained precisely where it would
Brooks as an apostate from their cause; but terminate. It was, in fact, then
the whites listen and lose confidence in him as but “two short streaks of rust."
a man or a politician."
that ended in “moonshine." The
There is no doubt but that these promotor of this great enterprise
comments threw some light upon was Mr. Stephen W. Dorsey.
the unexplored pathway Brooks He had been educated at Oberlin,
had chosen, and aided him in de- Ohio, in the mixed, or colored
termining his subsequent course. college, and was said to have been
About this time, all was not placid a janitor and rung the bell of that
in the current events upon which institution. He was an officer in
the “Minstrel" organization was the Union army, it was said, and
being borne. Another Minstrel had made a “barrel of money."
daily paper was talked of. It was The estimate of his boodle was up
to be published to advance the in the millions. He attended the
pretensions of Maj. Gen. Upham, meeting of the legislature, moved
who had gubernatorial aspirations. about mysteriously among the
Hadley's party fealty was openly members, and soon had them un-
questioned. Of Upham, a certain der favor to him, for timely ad-
wing had no fears. Upham did vances, quite a following of mem-
whites. He was in favor of ignor- that neither Hadley nor McClure
ing the rebel whites entirely, and was elected Senator. But this is
exterminating them. Hadley was anticipating.
said to be meditating a sale of the The Republican (Minstrel) Con-
party for the price of a seat in the vention met, occording to call, at
Senatorial chair occasioned by Little Rock, on the 18th May, and
Senator Rice soon to be vacated. elected the following delegates to
But McClure said he was promised the Philadelphia convention: Pow-
the seat occupied by Rice, if a ell Clayton, O. A. Hadley, W. H.
Republican legislature should be Grey (colored), delegates at large;
elected. And every means had Elisha Baxter, Stephen W.Wheel-
been taken to secure such a legis- er, J. H. Johnson, First District;
lature.
0. P. Snyder, H. A. Millen, T. V.
Also at this time there loomed Rankin, Second District; J. M.
up in the East a supposed rail. Johnson, H. H. White, E. J. Searle,
road builder, who was seemingly Third District.
engaged in constructing a narrow- In reforming their State Central
gauge road from Helena, on the Committee, the Minstrel Conven-
Mississippi River, to White River, tion left off all those who had
somewhere. It was never ascer- seceded and sided with Brooks.
flankin," der, H. % First", Wheel
of the Reconstruction Period in Arkansas.
117
.
1
It appointed an Executive Com- by transportation, and yet whose
mittee, chosen from the Central policy was "free trade,” and ac-
Committee, viz: Powell Clayton, quisition of territory in every
J. T. White, D. P. Beldin, E. D. land and clime. Was it that his
Ham and H. B. Robinson.
myopic vision would not let him
It became apparent that the perceive that expansion of terri-
Brindles were organizing to co- tory and commercial rivalry were
operate with the Liberal Republi- the safety-valves of a Republic
can party in support of any ticket, like ours ? preventive of too rapid
that might be nominated, “to beat immigration, with its un-American
Grant," and there were many in- tendencies? Or was he but a
dications pointing to Horace servile minister to the wishes of
Greeley, of the New York Tribune, those who wielded financial and
as the head of such a ticket. The political influence, that hesitated
movement gave little uneasiness to at no device to carry their mer-
the regular Republicans. Mr. cenary ends?
Greeley, like Mr. Brooks, had ex- These persons abandoned him
haled himself, as it were. In his the instant he ceased to serve
exaggerated enthusiasm hereto- them. Because of the most Chris-
fore in the cause of abolition, tian act of his life, he was dis-
now the negroes were freed, there owned by his brother philanthrop-
was nothing left of him, which ists, and denounced by the party
they could hope to profit by. His which he had labored to organize
transitions were admitted to be and to which he had given the
sincere, but were so contradictory vigor of his manhood. That par-
as to be confusing. A protection- ty, like the Frankenstein monster,
ist, Know-Nothing, a Son of Lib- terrorized and finally destroyed
erty, he was found devoting his him. But he died game, and
great powers as an editor, to the shouted defiance to the last, as
support of policies which invited shown by the following letter:
foreign artisans to compete with “New YORK DAILY TRIBUNE, May 23,
native wage-workers; to measures 1867. By these Presents Greeting : To Messrs.
which levied tribute upon slave George W. Blunt, John A. Kennedy, John O.
labor and made it harder on the Stone, Stephen Hyatt, and thirty others, mem-
slave: that opposed extension of bers of the Union League Club: GENTLE-
MEN—I was favored on the 16th inst., by an
territory, ostensibly against slav-
official note from our ever-courteous Presi-
ery, but in the interest of Eastern
dent, John Jay, notifying me that a requisition
capital and desire of control. He
C had been presented to him for a special meet-
venerated the institutions of the
ing of the club at an early day for the purpose
mother country, where you must of taking into consideration the conduct of
not fish, and poaching is punished Horace Greeley, a member of the club, who
II8
The Brooks and Baxter War: a History
Dillon
Perlohn
has become a bondsman for Jefferson Davis, The Liberal Republican Na-
late chief officer of the Rebel Govern- tional Convention was called and
ment.
*
*
*
assembled at Cincinnati, on the
Gentlemen, I shall not attend your meeting Ist day of May, 1872, and on the
this evening. I have an engagement out of 3rd, nominated Mr. Greeley over
town, and shall keep it. I do not recognize Adams. Chase and Turnbull, for
you as capable of judging or even fully ap-
President, and B. Gratz Brown,
preciating me. You evidently regard me as
for Vice-President. Arkansas was
a weak sentimentalist, misled by a maudlin
philosophy. * * * * represented by an irregular dele-
I tell you here that out of a life earnestly
gation, composed of Q. K. Under-
devoted to the good of human kind your
wood, W. M. Fishback, Ed. Ban-
children will select my going to Richmond
croft, John Kirkwood, O.S. Dillon,
and signing that bail bond as the wisest act, R. J. Jennings, John F. Owen,
and will feel that it did more for freedom and R. J. Rutherford, C. N. Under-
humanity than all of you were competent to wood, A. D. Lindsley, D. W.
do, though you had lived to the age of Me- Mason, Bright Herring and A. D.
thuselah.
Hawkins.
I ask nothing of you, then, but that you The platform adopted announc-
proceed to your end by a direct, frank, manly ed 13 articles of faith, of which
way. Don't slide off into a mild resolution the following synopsis is given
of censure, but move the expulsion which
that the reader may understand
you proposed, and which I deserve, if I de-
serve any reproach whatever. All I care is
references which were afterwards
that you make this a square stand-up fight,
made to it by Senator Clayton in
and record your judgment by yeas and nays.
his terrific Lewisburg speech re-
I care not how few vote with me, nor how ported later on in this history.
many vote against me, for I know that the
latter will repent it in dust ashes before three Perpetual union and enfranchise-
years have passed. * * * * ment of all men. 3. Immediate
I give you fair notice that I shall urge the removal of political disabilities in-
re-enfranchisement of those now proscribed curred through “rebellion.”
for rebellion as soon as I shall feel confident Local self-government and sub-
that this course is consistent with the freedom ordination of the military to the
of the blacks and the unity of the republic, civil authority. 5. and 6, Civil
and that I shall demand a recall of all now in Service Reform. 7. Federal tax-
exile only for participating in the rebellion
ation not to interfere with any in-
ation not
whenever the country shall have been so
dustry, leaving questions of “free
thoroughly pacified that its safety will not
trade" and "protection” to the
thereby be endangered.
And so, gentlemen, hoping that you will
decisions of the people of the Con-
henceforth comprehend me somewhat better
gressional Districts (?) 8. Main-
than you have done, I remain yours,
tenance of the public credit. 9.
HORACE GREELEY." Resumption of specie payments.
of the Reconstruction Period in Arkansas.
I19
a and
to take ws where
10. Gratitude to soldiers and sail- one ground or another, favored
ors. II. No more land grants to making no Democratic nomina-
railroads. 12. Peace with all na- tions. Only Northern Democrats,
tions. 13. Pledge to support the embittered by Mr. Greeley's
platform and candidates, regard- course against their party in the
less, etc.
past, found it difficult to under-
The nominations gave general stand what they deemed a most
satisfaction. The platform was mistaken and hopeless inconsist-
sufficiently “liberal” and mean- ency for them to take up Mr.
ingless. The Democrats were in- Greeley. The wearer knows where
clined to ally themselves with the the shoe pinches. The condition
new party. They saw in it a hope, of the South was desperate. Its
an opportunity, to realize the force only hope was in the division of
of the motto, “Divide et impera." the Republican party. It was at
Mr. Stephens of Georgia, regarded the point of exhaustion and turned
it “ The best avenue of relief to any hope of relief.
from the oppressions of the money The Democratic National Ex-
power.” He took occasion to ecutive Committee, whose office
criticise the course of Mr. August was and is merely to appoint the
Belmont and the New York World time and choose the place for
for opposing Democratic support holding its party National Con-
of Mr, Greeley. The Democratic vention, met in the Art Gallery of
State Committee favored the its Chairman, Mr. August Belmont,
support of the Cincinnati plat- on Fifth Avenue, in New York
form and nominees. Mr. A. H. City, on the 8th of May. A dowdy
Garland, and ex-Chief Justice mulatto girl opened the front door
English warmly advocated it. to Gen. Bate (on crutches) mem-
Hon. Geo. C. Watkins, a former ber for Tennessee, and to the mem-
Chief Justice of Arkansas, was ber for Arkansas. This poor col-
especially eager that no Dem- ored girl had evidently received
ocratic nominations be made. Mr. no instructions. Though past the
Watkins was a learned and able appointed hour, the two Commit-
lawyer of Little Rock, former teemen were the first comers and
partner of the late ex-Senator, had to find their way to the marble
Chester Ashley. He was a Dem- gallery without guidance. · Mr.
ocrat of the old school. Being Belmont was reported to be a
owner of large estates, he felt “several times millionaire," as the
practically the oppressions of the phrase is. After all had arrived
party in power and understood he limped into the gallery and
the causes of them. Nearly all made his way to a center table,
leading statesmen of the South, on and without other greeting than a
I 20
The Brooks and Baxter War: a History
bow, rapped the Committee to
order. Mr. Belmont had been
lamed in a duel fought over some
private grievance. The gallery was
nothing to be admired, particularly
with cold inhospitable light shin-
ing down upon a solitary statuette
and a few paintings..
“ Candidate” cities for holding
the convention were advocated in
well chosen words by their re-
spective representatives. The
member for Arkansas seconded
the nomination of Baltimore and
made bold to state as his reason,
that the convention might leave
the field to Greeley. The Chair-
man and Northern members gen-
erally were visibly shocked at the
member from Arkansas 'misconceives the
whole situation.
“The Arkansas Committeeman has a ridi.
culous overestimate of the importance and in-
fluence of Mr. Greeley. He does not seem to
understand that Mr. Greeley has thrown
away the great ascendancy he once had over
the Republican party. His peace mission to
Niagara, his advice to President Lincoln to
offer $400,000,000 as a compensation to the
Southern slave holders, and his subsequent
signing the bail bond of Jefferson Davis,
estranged so many of Mr. Greeley's Republi-
duced to nothing. The assumption therefore,
that Mr. Greeley will draw off a large Re-
publican vote is a mere flight of fancy, [The
British Parliament voted $5,000,000 to com-
pensate owners of slaves in Jamaica emanci-
pated.]
“Republicans would as soon vote for an
meeting was not the place for
nominating candidates. Out of
this incident, which was reported,
grew the following article and
correspondence of the New York
World, of May 12th:
“MR. GREELEY AND THE SOUTH."
“We understand the intolerable oppression
and wholesale robbery under which the South
suffers, and make allowance for the asperity
and unreflecting haste with which an impul-
sive Southern man resents any Northern op-
position to a ticket which, in his estimation,
gives promise of relief. If it were possible to
admit that the endorsement of Mr. Greeley by
the Democratic National Convention would
free the Southern States from Federal tyranny,
a Southern citizen would be justly incensed
at opposition to Mr. Greeley by a Northern
journal which has made steady profession of
friendship for the South. But we think the
foremost signer of Jeff. Davis' bail bond. The
politicians who speculate on the Republican
following of Mr. Greeley misappreciate his
recent standing in the Republican party.
Since the Union League Club forbore to turn
him out after his signature of Mr. Davis'
bond, he has been rather tolerated than fol.
lowed by his former political associates. It is
a great and grave mistake to suppose that he
has any considerable Republican following in
the Northern States, when he steps over the
party traces. To be sure, Mr. Greeley is
the editor of what has been a powerful party
journal. But his present position as a solici-
tor of Democratic votes will estrange a great
part of his old subscribers.
“ The Tribune has forfeited and flung away
its standing as a Republican organ. Of course,
nobody will accept it as a Democratic organ,
and it is hereafter a mere newspaper, and the
personal organ of a man who has broken his
party relations in his aspirations for the
highest office.
of the Reconstruction Period in Arkansas.
I 21
* * * * * * * * * * * better ask him if he repents of his strennous
“Even if he should be elected, he will have advocacy of all the measures by which they
sacrificed the Tribune! The Republicans are so grievously oppressed. He has done
will not tolerate it after it has deserted their more than any other man to fasten the yoke
party, and the Democrats will regard it with upon them and unless he recants and apolo-
no favor while it advocates ideas and princi- gizes, we do not see how those who complain
ples which they have always repudiated. The of the measures can expect relief from their
influence of a great journal has been sacrificed chief instigator and advocate."
to the personal ambition of its chief, The I n answer to this attack upon a
member from Arkansas prudently expresses well matured plan and purpose of
no opinion as to Mr. Greeley's hold on the the Southern Democracy, the
negro vote of the South. We presume that member of the Cominittee sent
he is aware that the Southern negroes will the editor the following. which
nearly all vote for Grant. If so, what possible the World published:
advantage can Mr. Greeley have in the South
as a Democratic candidate ? As a Democratic “A SOUTHERN DEMOCRAT'S IN-
candidate pure and simple, no man in the
DORSEMENT OF MR. GREELEY."
country could have a weaker hold on the
“To the Editor of the World:
party. If he can draw off neither negroes
SIR-If your object, as you intimate in your
nor white Republicans what advantage can
Saturday's issue, is, by withholding a too
there be in adopting him as a Democratic
ardent support of the nomination of Mr.
candidate? The endorsement he has thus far
received in the North are not Republican, but
Greeley, to avoid drawing the bankers' the
office holders' “ syndicale" of the Republican
Democratic endorsements; but it is prepos-
party from their hitherto settled purpose of
terous for Democrats to endorse him except
nominating Grant, your course might be com-
on the supposition that he will bring an acces-
mended as patriotic in its intentions, if slightly
sion of strength to the party. Assuming that
Machiavelian in its method. I might say
the negro vote will be given to Grant, we
that the end at least to be attained is right-
cannot imagine what would be gained by a
eous. But that such a plea is not a mere pre-
Democratic endorsement of Mr. Greeley. To
tence, which conceals a deeper design, it will
be sure, he favors universal amnesty; but a
be difficult to conceive. I, a Southern Dem-
President can do nothing to promote amnesty
ocrat, read your article this morning warning
except through the pardoning power. Presi-
the Democratic party against suicide, and say-
dent Johnson in his last amnesty proclama-
ing: “But how trivial a matter is the
tion carried the pardoning power to its utmost
release of a few thousand elderly gentle-
limit, leaving nothing for any subsequent
men from disability to hold office, in com-
President to do.
parison with the great question which pene-
“ The member from Arkansas seems to for- trates the very roots and fundamental structure
get that all this unrighteous legislation was of our Government?' This innuendo, is un-
advocated by Mr. Greeley with the truculent worthy of the World in many respects, as
vehemence he has always shown in such mat- will be apparent to the most superficial reader.
ters. Before Southern citizens come to the It is chiefly so by reason of the utter want of
strange conclusion that their salvation de- familarity it betrays with the matter in hand,
pends on Mr. Greeley's election, they had viż., the true welfare of the Democratic party
9
.
122
The Brooks and Baxter War: a History
and cf the condition in which the party is to
be found to-day under the powers assumed by
the office holders' syndicate aforesaid, of co-
ercing eighty-eight votes of the electoral col-
lege, the vote of ten of the States of the
South. This, to me and every one who will
see how it affects the structure of the Govern-
ment, is at this time, to the exclusion of the
others, 'the great question' which penetrates
to the very roots and fundamental structure of
the Government. In comparison with it
'the release of a few thousand elderly South-
ern men from disability to hold office' is a
very trivial matter. I speak only of the
power which Grant, through such instrument-
alities as Clayton and others of those South-
ern States, reserves to coerce a vote that will
decide the contest. But beneath this consid-
eration are other questions of the preservation
of their lives, their property, and their most
sacred personal and private rights, by the
Southern people under the carpet-bag tyran-
nies from which they suffer, to which the at-
tention of the World is not directed, because
the World cannot feel, or commiserate or
hazard a tittle of its own local interests to help
to relieve. I beg of you however, before
again indulging similar taunts against the “un-
fortunate elderly gentlemen' who can't hold
office because of their disabilities, to look
carefully to the Constitution of the States re-
ferred to, and when you see that, by those
Constitutions and the election laws under
them, the present Governors of those States,
without interference on the part of members of
their own party, have the power to control the
elective franchise of those States for Grant at
their pleasure: the power to declare any
county under martial law at pleasure, to in-
vade and devastate any county at pleasure, to
exclude the vote of any county at pleasure, to
review and cut down the registration in any
or all of those counties at pleasure, and then
say if you do not think the arbitrary power
thus wielded and which Mr. Greeley is pledged,
and a Greeley ticket in each State will help to
revoke; in your practical view of a power as
affecting the result of the election by eighty-
eight votes, is not of much greater importance
than the "trival matter' of releasing a few
elderly Southern gentlemen from official dis-
abilities?
From a letter that I received from the
Secretary of the State Central Committee of
Arkansas, I will quote the following para-
graphs: ‘Judge Watkins offered a resolution
in committee instructing you to vote against
holding a National Convention in case the
Cincinnati nominations proved satisfactory.
But it was lost by a tie vote, for the reason
that half of the members believe you were not
subject to instructions, the mover at last com-
ing to the same conclusion. The policy of
non-action, however, I believe is approved by
all. In Arkansas we want to be perfectly
free to choose between Greeley and Grant.
That being the condition, both factions of the
Republicans will be forced to count the con-
servative vote and to make concessions to se-
cure it. Before the Legislature is over I think
it more than likely that Article 8 of the State
Constitution, under the head of ‘Franchise,'
and which disfranchised by letter of its pro-
vision only about 10,000 but was taken ad-
vantage of to disfranchise 50,000, at the last
election, will be a dead letter if there is no
Democratic National nomination. Otherwise,
Capt Hadley (the Governor of the State, a
creature of Clayton) will appoint whom he
pleases as electors. The situation here is
precisely what it was in Missouri in the con-
test that resulted in the election of Gratz
Brown.'
These are the views held by our State
Democratic Central Committee. The con-
siderations to the World may not seem such
trivial matters' with all its selfishness and
narrowness of view confined to local New
York State politics.
of the Reconstruction Period in Arkansas.
123
The fling at the few thousand elderly Grace, of Pine Bluff, the conven-
Southern gentlemen, I fear not. Other tion adiourned until the next day.
sons for supporting the Cincinnati nomina- On the 23d, the convention met
tions, not hinted at are eloquently alluded to in
pursuant to adjournment. William
the speech of Governor John C. Brown, on
accepting the nomination for re-election by the
G. Whipple, the suspended U. S.
Democratic State Convention which met at
Attorney, as chairman of the com-
Nashville, on the 9th, and indorsed the Cin-
mittee on credentials reported the
cinnati nominations, and are already printed
names of delegates entitled to
in your columns. I beg you to refer to them. seats to the number of one hun-
Gen. Brown is one of the few Southern gentle- dred and thirty-five. They were
men, though a Major-General in the Confeder mainly the old organizers who had
ate army, who is not disfranchised, thanks to been left out and had the sharp-
the Senter split of the Republican party in ened appetites of a new swarm.
Tennessee. By that split he is enabled to suc- In the case of Zara I Cotton of
ceed Senter, and the State of Tennessee nerved
Montgomery county, Mr. Whipple
to throw off the curse of Brownlow and
introduced the following resolu-
Stokes, and their ragged militia, and free to
vote in the coming election, but not until
tion:
those plunderers have saddled it with a debt WHEREAS, said Cotton has been guilty of
of many millions. This debt would other outrageous frauds in registration, for which he
wise have kept on increasing until this day, has been indicted, it is recommended that he
as it is daily increasing in the other Southern be excluded from the convention.
States. All brokers will vote against the Cin- The resolution was adopted.
cinnati movement who have ‘margins' on de- Cotton had been indicted at the
posit for 'bearing' by multiplying these same time upon the testimony
Southern securities.
on which one of the indictments
On the 22d May, 1872, the was found against Powell Clayton,
Brindle State Convention met in accusing him of ordering, and Cot-
Little Rock, at the call of B. F. ton as Registrar, corruptly adding
Rice, James L. Hodges and G. W. to the registration list several
McDiarmid, who were members of hundred names of fictitious elec-
the former Republican State tors. It was a favorable opportu-
Central Committee, denominated nity for Whipple to strike back at
“bolters" by the Little Rock Re- Clayton.
publican, Clayton organ. From The committee on permanent
the columns of that paper, the organization reported John A.
following outline of the proceed- Williams, of Jefferson, for Presi-
ings of the convention is taken. dent, and numerous Vice-Presi-
Robt. F. Catterson (the deposed dents. When the President had
Marshal) was elected temporary appointed a committee on resolu-
chairman, and appointed the usual tions, E. A. Fulton of Drew county
committees. On motion of W. P. (colored), moved the convention
inge.obf. F. Cattersorte di temporary mens, E. A.
124
The Brooks and Baxter War: a History
declare Hon. Joseph Brooks its
nominee for Governor of Ark-
ansas, which was carried by accla-
mation. Thereupon Mr. Brooks
declared his thanks in a brief
speech, concluding with the pledge
to the convention that he would
zealously join the members of the
convention in making an active
canvass throughout the State for
Truth, Justice and Good Govern-
ment.
What is Truth? asked Pilate of
Christ. What is Justice? have
asked the law-breakers from the
first-born of Adam. What is
Good Government? is the question
which man has been asking
through all the centuries.
Mr. Blackwell of Jefferson,
moved that H. King White be ex-
cluded from the convention, as not
duly appointed a delegate. After
discussion, the mover withdrew
the motion. Mr: Whipple then
read the majority report of the
committee on resolutions, which
resolutions are given in full. Sub-
sequent bitter and forcible com-
ments upon them could not be
they were to be tried, and to name the at-
torney who was to prosecute them for their
offenses, whereby the criminals were turned
loose without punishment and the laws tramp-
led under foot and fraud and crime encour-
aged; and has seen fit to take sides with and
support and sustain the corrupt State House
ring in their iniquities against the people of
this State.
And Whereas, It is now evident that Gen.
Grant will receive the nomination for Presi-
dent, by the convention of office-holders to be
held at Philadelphia,
Therefore Resolved, That we emphatically
condemn the course of the President in his in-
termeddling with Arkansas affairs in the inter-
est of crime and disorder, and decline to send
delegates to the Philadelphia convention.
And Whereas, Horace Greeley and B.
Gratz Brown are now before the people as
Republican candidates for President and Vice-
President upon a platform which we heartily
approve, and are men of unquestionable
ability, integrity and patriotism, and have for
many years been consistent advocates and
champions of Republicanism and universal
suffrage and universal freedom,
Therefore, be it Resolved, That we most
cordially indorse the nomination of the said
Horace Greeley and B. Gratz Brown and the
platform upon which they stand, and pledge
ourselves to co-operate with the friends of civil
government and reform throughout the land in
securing their election.
And Therefore, To the end that a free
people may be disenthralled from unjust and
unlawful burdens and calamities, which are
imposed upon them, we cordially invite all
the friends of free government, law and order
and justice to co-operate with us in the fearful
but determined conflict which a wronged and
robbed people are waging in response to
Greeley's rallying cry, “Honest men for office;
thieves to the rear!
WHEREAS, A large number of persons
were indicted in the Federal Courts of this
State for most flagrant violations of the elece
tion laws, and President Grant, upon the ap-
plication and, in the interest of such indicted
criminals and their accessories, suspended
honest and efficient officers for no other reason
than that they would vigorously enforce the
law; and allowed such indicted criminals to
name the marshal to select the juries by which
of the Reconstruction Period in Arkansas.
125
The resolutions were signed, T. FOR PRESIDENTIAL ELECTORS AT LARGE.
E. Bennett, chairman, W. G. Whip- M. L. Rice, of Pulaski; Sidney M. Barnes.
ple, Joseph Brooks, A. H. Barrett,
FOR DISTRICT ELECTORS.
H. Lewis, J. W. Jackson, T. J. First District-Geo. W. McLane.
Hunt, R. L. Glassick, H. S. John- Second District-R. L. Archer.
son, committee.
Third District-E. J. Brooks.
Mr. Daniel Webster of the com-
A State Central Committee was
mittee, offered the following min-
appointed as follows:
ority report:
B. F. Rice, chairman, Geo. Hay-
cock, G. W. McDiarmid, Logan
Resolved, That this convention approves R. Roots, Jas. W. Jackson, J. L.
the national administration and believes it the Hodges, E. A. Fulton, R. C. Kerns
duty of the Repnblicans of Arkansas and of
and E. H. Vance, and the con-
the United States to adopt the decision and
vention adjourned.
support the nominees of the National Republi-
It will be observed that the fore-
can Convention.
going resolutions offered no more
The majority report was adopted than Clayton had done, and no
with cheers and the minority re- greater guarantees of sincerity
port rejected without division. than the action of bolting the
The convention forthwith com- national Republican organization,
pleted the ticket of State officers except declaring for Greeley
as follows — (all Republicans ex against Grant. This was a step in
cept Grace and E. J. Brooks, who the right direction, but as the Ga-
were not Democrats).
zette pointed out, the character
For Lieut. Governor, D. “January' Smith,
and overtures of this faction to the
of Columbia.
negroes and their political anteced-
For Sec'y of State, E. A. Fulton (colored), of
ents weakened confidence in their
Drew.
professions. The real issue behind
For Auditor, J. R. Berry, of Pulaski. all the party pledges and parade,
For Treasurer, T. J. Hunt, of Sebastian. was, whether the material interests
(Chosen over Logan H. Roots and Henry of the State could longer bear
Page).
negro domination? It had been
For Attorney-General W. P. Grace, of Jeffer tried and proved a carnival of cor-
son.
ruption and ruin. The Clayton
For Supt. Pub. Instruction, Thomas Smith, of
faction represented this dread ele-
Pulaski.
ment. It could not be endured.
For Associate Justices Supreme Court, William
Harrison, of Jefferson; John Whytock, of
The negro was the mere un-
Pulaski.
conscious force. Like dynamite
For Supt. Penitentiary, Richard Samuels (col he was used destructively. The
ored), of Washington.
Republican, Clayton organ at
For Congressman at Large, Wm. J. Hynes. Little Rock, published many scan-
126
The Brooks and Baxter War: a History
Pulcu.
dalous articles against the mem- franking privilege and reduction of postage.
bers who constituted the Brindle II. Protection for capital and a just share for
convention. These were written:
labor. 12. Thanks Congress for protecting
and issued for reading at the Fed-
the ballot-box in the lately rebellious regions.
13. Denounces repudiation. 14. Proposes ad-
eral capitol.
mission of women to wider fields of usefulness.
Brooks in his speeches, retorted
15. Approves Congressional amnesty to late
with equal vindictiveness, and said rebels. 16. Disapproves of interference with
that:
States rights. 17. Favors measures to en-
Price and McClure (of the Republican), courage ship-building. 18. Eulo
courage ship-building. 18. Eulogizes Grant,
were never Republicans; they were thieves,
and starts on a new march to victory.'
border-ruffians and murderers; that the two On the 13th June, the Senate
named had been copperheads, and Clayton & Committee at Washington, having
Co., had swindled poor, miserable Mallory, charge of the investigation of
until he did not have money to pay whisky Powell Clayton, unequivocally ex-
bills; that Hadley went to the Democratic onerated him from the accusations
convention, and on the steamer made propo- against him. The committee re-
sitions to the Democrats; and Clayton had
ported:
bargained with the Democracy, through
In our opinion, the charges, if such they
Chamberlain ; and Garland had the letter con-
can be called, are not sustained. The testi-
taining the stipulations, and he (Brooks) had
mony fails to impeach the Scuator's official
seen it.
conduct or character.
· June 5, 1872, the Republican On the 19th June, 1872, the
National Convention at Philadel-
Democratic State Convention, at
phia nominated General Grant for the call of Gordon N. Peay, chair-
re-election, by acclamation, and
man of the State Central Com-
Henry Wilson for Vice-President.
mittee, met in the hall of the
The platform was according to House of Representatives, at Lit-
the following synopsis :
tle Rock. W. W. Reynolds, of
1. Reduction of the public debt and settling Benton county, was made Presi-
threatened difficulty with a foreign power. dent, and appointed the necessary
2. Liberty and equality must be established. committees, after which the con-
3. Approval of recent (reconstruction) amend- vention adjourned to the next day.
ments to the Constitution. 4. Peace abroad The next day the convention se-
and sympathy for those who fought for greater lected delegates to the National
liberty. 5. Civil Service Reform. 6. Opposed Democratic Convention, at Balti-
to further grants of public lands. 7. Reve- more and elected a State Central
nues to be raised by duties on foreign impor- Committee viz L:A. Pindall. E.
tations, thus securing remunerative wages to
labor. 8. In favor of legislation for pension-
P. Watson, J. T. Trezevant, D. J.
ing soldiers and sailors. 9. Rights of adopted Jacoway, tay Hempstead,
Jacoway, Fay Hempstead, H. F.
citizens to be guarded and urging encourage - Carrigan, T. F. Dockery and John
ment to immigration. 10. Abolishment of the R. Hampton.
of the Reconstruction Period in Arkansas.
127
The convention adopted the fol-
lowing resolutions :
WHEREAS, It appears to us, the representa-
tives of the Conservative and Democratic
parties of Arkansas, in convention assembled,
that the majority of the men constituting the
State administration have proved themselves
unworthy the high trust reposed in them and
have taken advantage of their positions to rob
and plunder the people, both white and col-
ored, and have by their peculations in railroad,
levee and other bonds of the State almost
bankrupted its credit abroad and at home, and
have used fraud and unlawful force for the
purpose of retaining power against the will of
people,
We therefore, Declare it to be our opinion,
that it is absolutely necessary to the welfare of
the people that a radical change in the admin-
istration of the affairs of the State and many
of the counties should be effected.
Resolved, 1. That the best policy to be
pursued by the people to make certain of suc-
cess in the coming election is to have unani-
mity of action, as well as feeling, on the part
of all good citizens of all parties who favor
reform in the administration of the affairs of
the State and county governments.
2. That the Chairman of each Democratic-
Conservative County Executive Committee
be requested to put in operation the amend-
ment to the enforcement act of Congress in
regard to the appointment of Supervisors of
registration in each voting precinct of their
respective counties.
3. That delegates be appointed to the Balti-
more convention called to meet on the 19th
July next, and they are instructed to vote for
the ratification of the nomination of Greeley
and Brown, as candidates for President and
Vice-President of the United States in the en-
suing election.
4. That we endorse theCincinnati platform;
and also the platform of political principles
(?) adopted by the Reform-Republican Con-
vention which met at Little Rock, May 22,
1872. [Left the tariff to Congressional Dis-
tricts).
5. That it would be unwise and inexpedient
for the Democratic party to nominate a State
ticket for the ensuing election, and we declare
against it. [Stomach for the “Reform' State
ticket too].
6. The State Democratic Executive Com-
mittee be hereby authorized to act with like
committees of all Reform-Republican organ-
izations in this State opposed to the present
administration, in the conduct of the ensuing
campaign.
7. That we earnestly urge the organization
of the Conservative and Democratic parties in
all election districts and in all counties, and
the using of all honorable means to secure the
election of county officers and members to the
General Assembly; and that we extend a
cordial invitation to all persons opposed to the
present State administration to unite with us in
said organization; and we pledge ourselves
to oppose the election of all independent can-
didates for any of said offices running against
the regular nominees. We append hereto, as
part of this report the platform referred to in
the fourth resolution.
Geo. P. SMOOTE,
D. W. CARROLL,
J. T. BEARDEN,
T. W. NEWTON,
Committee on Resolutions.
The resolutions were adopted
without division. No Democratic
State ticket was therefore nomi.
nated by the convention. The
action and tickets of the national
and State “Liberal Reform-Re-
publican” Conventions were ac-
cepted and indorsed. In the
existing state of affairs, a rump
128
The Brooks and Baxter War: a History
Congress, representing a section, well as the address had been antic-
and certain class interests, held ipated with much interest. This
power. Its members plumed them wing or faction of the Republican
selves upon their humanity in
party in the State was in control
liberating the bodies of a few in-
of the election machinery. Acting
competent blacks, while riveting Governor Hadley had the power
chains upon the intelligent labor of
of appointing the election officers.
all the people for their material
J. M. Johnson, as Secretary of
profit. The delusion that they
State, had the receiving and keep-
Šta
were Republicans and patriots was ing the returns of the election.
too appetizing and sweet! They
The presiding officer of the Senate
followed instincts which we all
merely went through the form of
have in common with the “beasts
that perish.”
presenting them to the Legislature
The Executive De-
to be counted.
partment of the General Govern-
ment was under a victorious Gen- The hope of the Democrats
eral, who had risen to power (and conservatives, as many old
through strict obedience of their citizens preferred to call them-
behests, and knew no other guide. selves, from a feeling of ancient
There was no hope of relief party antipathy to “democracy”)
through the agency of a free elec- in the coming campaign was based
tion. The victors inevitably quar- upon the same reasoning that led
rel among themselves over their to the endorsing by the national
ill-gotten spoils.
Democracy of the nomination of
July roth, the Republican (Min- Horace Greeley. Mr. Brooks had
strel) State Executive Committee
ever been an ultra Republican.
met at Little Rock. On motion He could not be arraigned upon
of H. King White, of Pine Bluff, any charge of “disloyalty." He
(who had appeared as a delegate
had been among the first to advo-
to the Brindle State Convention, cate negro emancipation at the
it will be remembered), it was North, and negro suffrage in Ark-
agreed to call the Minstrel State
ansas, and could consistently
Convention on the 21st August,
claim to be the champion of the
for making nomninations of State negro race in Arkansas. But more
officers, a Congressman for the
than this, he was familiar with
State at large, and Presidential
Republican tactics and agencies
electors. The committee ap-
white and black, throughout the
pointed John McClure, J. T. White State. He could expose their of
and M. C. McCanany, “to draft an ficial misdoings and it was claimed
address to the Republican voters anticipate or thwart their party
of Arkansas." The convention as maneuvers. This he promised he
of the Reconstruction Period in Arkansas.
129
would do fully and fearlessly “on of the league. Lodges were in-
every stump in the State.”
stituted and paraphernalia fur-
The other faction expressed nished by“ lecturers ” from the
only scorn for his threatenings. State Council. The chief emblems
They were the regular and ac- were the Holy Bible, the Declar-
credited representatives of the ation of Independence and the
party in the State and had the ear American flag; by which use of
of the federal administration which them, all three were desecrated.
was in the acme of its power. Be- The members were required to
yond all this, they were in control take the following oath:
of the Union League of the State. I __
I, -- -, with an uplifted hand, in the
with an uplifted hand
The wealthy and aristocratic
presence of God and these witnesses, do sol-
gentlemen who composed clubs of emnly swear, without reservation of any kind,
this order in the Northern cities that I will support, protect and defend the
would have been astonished to be- Constitution and government of the United
hold a meeting of their order in States of America, one and indivisible, and
Arkansas about this time. They the flag thereof against all enemies, foreign
would have witnessed a secret as-
and domestic; that I will vote only for those
who advocate and support the great principles
semblage of black men, officered
by adventurers of their own race,
set forth by this league.
And I further promise and swear that I will
ignorant to the last degree of
protect and defend all worthy members of the
parliamentary usages and of many
Union League of America, and will never
of the amenities of civilized asso-
divulge or make known to any person or per-
ciation. They were dominated
sons not worthy members of this organization
by a white man, or a few white any of the signs, pass-words, grips, proceed-
men, acting perhaps as secretary ings, designs, debates or places of meeting of
and president to administer oaths, this or other councils of this organization,
take down names, and enact the unless authorized to do so by competent au-
semblance of binding them to the thority.
organization. They were as abso-
And I iarther promise and swear that I will
lute as Stanley or Emin Pasha
aid and defend the workingmen of the nation
in all lawful methods to secure them the right
over their naked followers.
to labor and enjoy the fruits of their labor,
Acting Governor Hadley was
and that I will not countenance or employ
President of the “State Council”
any one who is in any way hostile to the work-
of the League, and his son-in-law, ingmen of the Nation.
Keyes Danforth, was its secretary. And with my hand on the Holy Bible and
It was all-powerful for controlling flag of the United States of America, I ac-
the negro electors. It was under knowledge myself firmly bound and pledged
stood among them, that no voters to the faithful performance of this, my solemn
would be registered by the elec- obligation, so help me God!
tion officers who were not members This oath is taken kneeling with
130
The Brooks and Baxter War: a History
the members around the “poor, resolutions was read by E. O.
blind” candidate in a circle with Perrin, of New York, formerly of
clasped hands. Then after the Memphis. Mr. Barr, of Pennsyl-
announcement: “That this circle vania, explained that the resolu-
of freedom must never be broken tions were the Cincinnati platform
by treachery under the penalty of of the Liberal Republican Con-
death," the new member rises and vention exactly, nothing added,
is greeted : “Hail Brother, worthy nothing excluded. Mr. Bayard ob-
and true!” Meetings are ap- jected to going before the country
pointed to be held weekly. Of without an independent expression
course, the power of the council at of principles. He was interrupted
the capital is exercised without and voted down by 662 yeas to 70
reserve in dictating the candidates nays. The vote being taken on
to be voted for by members of the the nominations for President,
league, to which all the negroes Horace Greeley received 686
in the State have belonged at one votes, James A. Bayard 15, Jere-
time or another. It can be seen miah Black 21, Groesbeck 2; for
that no writings or speeches, even Vice-President, Gratz Brown re-
if they could be read or heard, ceived 712 votes, Stevens of Ken-
would penetrate a Kraal like this. tucky 6, Jeremiah Black 12. An
John C. Calhoun painted this scene anti - Greeley Democratic meet-
more than fifty years ago.
ing was held the same day in
July 9, 1872, the Democratic Baltimore, but accomplished noth-
National Convention met at the ing. Our friend, Col. E, Nat Hill,
city of Baltimore, in Ford's Opera participated in that meeting.
House, and was called to order The Democrats and Liberal Re-
by August Belmont, Chairman publicans of Little Rock ratified
Democratic National Committee. the nomination of Greeley and
Mr. Randolph, of Va.,, grand- Brown in the City Hall, July 11th.
son of Thomas Jefferson, eighty Joseph Brooks, Å. C. Newton and
years of age, was made temporary R. A. Howard were the principal
chairman, and Fred. O. Prince, of speakers.
Boston, secretary. After the com Mr. Brooks opened his cam-
mittee on credentials reported, J. paign as the “Reform Republican"
R. Doolittle, of Wisconsin, was candidate for Governor, with a
elected permanant President and speech in the State House yard,
the usual number of vice-presi June 21st. As yet no rival candi-
dents and secretaries appointed, date had been announced, and he
when the convention adjourned. seems to have made the appoint-
On reassembling July Ioth, ment chiefly for placing himself
the report of the committee on on the Greeley ticket, and as a
of the Reconstruction Period in Arkansas.
131
public acceptance of the nomina- government unmixed with orders from these
tion; an earnest of the service he headquarters.'
proposed to render in the cause of I have no desire to injure the individual
“truth, justice and good govern- who is running the machine, but I do wish to
ment.” It was no task for him to see the machine go to pieces! I wish to see
speak at any time. As he stood
that the people are no longer interfered with,
in the shade thrown by the quiver-
and deprived of sacred constitutional (?)
ing leaves of the ancient cotton-
rights, by these seven-by-nine bob-tails, such
as were sent to Hot Springs with orders to
wood, and his thin locks were
register eight hundred voters [for which Clay-
lifted by the soft breezes of the
ton had been arraigned] whether in existence
beautiful summer day, he seemed
or not, and to some other county to register a
to feel a fresh pleasure in stirring thousand, “to meet emergencies.
up the animals in the State House
One general system of corrupt employ-
garden.
ment has stained this State administration
The windows of the ancient
from head to foot. It has administered the
financial affairs with a desperate energy and
capitol were filled with these, look-
with sleeves rolled up to the elbows, in order
ing down smilingly and com-
to make a complete gobble. The county of
placently. So the Philistines may Tefferson, where the chief ruler lives (Clayton),
have looked on the blind old Sam incurred before the war the annual expendi-
son as he made “ sport” for them. ture of $9,000. Now these guardians of its
Judges Bowen and McClure smok interests spend $100,000 yearly—to make
ed their choice Havanas and loose change. In the little county of Van
made merry comments from the Buren, the tax exceeds the entire surplus of
Supreme Court Library windows. the county, still the schools and other , in-
Bent Turner and Bill´Oliver sat stitutions, destroyed by the war, are not re-
immediately under the droppings
built.
of the stream of denunciation
I need not assure this intelligent audience
which for an hour or more was
that our judicial officers are mere creatures to
carry out the wishes of these rings, and our
poured against their faction.
grand and petit juries are a mere semi-annual
Mr. Brooks said, with the fiercest put up job in the interest of these robbers. I
energy of action and scornful facial here solemnly promise that if I am elected
expression, among many other Governor, I will cause an investigation of
bitter things, the following:
these crimes. And I do not doubt, if I can
find grand juries to present indictments and
Why may not the Liberal Republicans, in attorneys to prosecute the perpetrators, I will
the language of our candidate, 'clasp hands fill the penitentiary so full of them that their
across the bloody chasm?' Why may they legs and arms will be sticking out of the
not, seven years after war has ended and doors and windows!
peace resumed its sway (?) beat their swords A great deal has been attempted to be
into pruning hooks? This is a movement to made out of a report that I said in the Legis-
wipe out military government and conduct lature, November 23, 1868, that Arkansas
132
The Brooks and Baxter War: a History
should be Republican, or I would make it a desirous of having, at least, one
waste and howling wilderness. I did say, in debate with the outspoken Brindle
that speech, that I would see the laws obeyed chief. Having returned from
and crimes punished or make it a wilder-
Washington, he quietly got ready
ness, and I hold that purpose still and will
to intercept Mr. Brooks at Lewis-
carry it out, if I am elected Governor.
burg, in Conway county.
His Democratic auditors and The Senator, it is evident, had
dissatisfied Republicans of his own carefully prepared himself, and
party greeted these bursts of " for was disciplined by the senatorial
cible" denunciation against the investigation in the kind of war-
men in power with loud cheers of fare to be waged and material and
amusement and encouragement argument to be employed. He
Some had misgivings, arising from accordingly went up to Lewis-
the style and excessive audacity burg, and took with him James M.
of the orator, who had so lately Pomeroy, an expert stenographer,
come out of the camp of the men who had been employed in report-
he stigmatized. The State House ing the debates of the Constituti-
officials jeered and affected to be onal Convention. The Senator
amused by “the old blatherskite," was accompanied also by Henry
but they felt the necessity of M. Cooper, “Gen." A. W. Bishop,
having him answered. He had “Col.” Nat Hill and E. B. Blanks.
appointments in Conway, Perry He had faithful supporters among
and Yell counties, following close the Republicans of Conway
upon this speech. Crowds would county. Several supporters of
assemble at his appointments to Mr. Brooks, hearing of the intend-
hear this abuse, and it would be ed' meeting also went up, viz: R.
well for the opposition to meet F. Catterson, James L. Hodges,
him and demand some authority M. L. Rice, Barney McKenna,
for these gross invectives. He had Thos. Fletcher and Capt. Cutter,
an appointment to speak at Lewis- (whites), Jack Agery Jerome
burg, on the river, above Little Lewis and D. McWhorter (col-
Rock, on the 25th June, after ored).
speaking at some previous appoint- The place of speaking was in a
ments in Yell and Perry. Powell little grove on the table-land that
Clayton was the principal object rises from the Arkansas river near
of his severest phillipics. Now Lewisburg. The old town be-
that Clayton had extricated him- trayed signs of the ravages of war
self without injury to his party and lawless havoc. There was the
standing, from the difficulties of road and tumble-down worm fence,
the Senate investigation and crim- along which old man Hopper was
inal prosecutions, he was especially conducted to his death, mounted
Colopher:"Gend, also by jina
upon this counties, follway, Perand
of the Reconstruction Period in Arkansas.
133
and guarded by Clayton's militia body, and reduction of taxation.
his legs tied with ropes under His motto was “Honest men for
his horse's belly. And there in office, thieves to the rear!”
the crowd were some of his mur- He referred to his services in
derers. The old, weather-beaten, the cause of the negro race, and
two-story jail with its iron-barred to Mr. Greeley as their first and
windows, frowned upon its dismal greatest champion. He was not
site, amid the red gullies, deepen- actuated by desire for office, but
ing as they descended to the Ark- to maintain right, and put down
ansas River. The muddy waters wrong. His disapproval of the
of the river at Lewisburg swept iniquities of the State administra-
around a black, slaty point, which tion antedated his removal from
marked the town landing. In the the office he held as revenue col-
distance across the river were the lector. He appealed to Clayton
level cotton fields, stretching miles to bear witness that an office ten-
away to a long, blue ridge, called dered him by that gentleman, he
the Petit Jean Mountain. It rose had declined. He then went into
out of the river like the bastion of personal criticisms of the regis-
gigaulic,ancient fortification. The trars who had been appointed re-
audience was in keeping with the cently by the State administration
scene, motley as to race and and asked, From such a planting
clothing, yet possessing a certain what fruitage was to be expected
picturesqueness and poetic remem- in the coming election? The
brance, for one who recognized in Democrats cheered him lustily-
many of the scarred faces under those same Ku-Kluxes who kept
the slouch hats, men that defended their eyes on the assassins of
Vicksburg and followed Stonewall Hopper.
Jackson from the Shenandoah val- Clayton kept his eyes upon the
ley to the Chickahominy and to speaker, listened intently to him,
Manassas.
but took no notice of his appeal.
Mr. Brooks made the first He stepped to the stand at the
speech. He repeated his scathing conclusion of Brooks' speech; with
denunciations of the State admin- studied dignity, he began by dis-
istration, its frauds of finance, cussing the attitude and “plat-
ballot-stuffings, official corruption forms” of existing parties; then
and burdensome taxation. He he answered the charges against
announced himself pledged to the State administration by the
those reforms which the Liberal familiar Tu Quoque, and concluded
Republican party proposed to in- with a severe yet humorous de-
augurate, such as honest registra- rision of Mr. Brooks and his pre-
tion, without disfranchising any- tences and impotency for good or
134
The Brooks and Baxter War: a History
· evil. Senator Clayton said, accord The man that said that is a liar! The
ing: to the stenographic report man who says I ever wore a secession cock-
made by Mr. Pomeroy:
ade, or any other kind of a cockade, is an un-
mitigated, infamous, damnable liar! I have
I was accustomed to labor from my boy- heard that before and other lies about my be-
hood in the eighty-two-acre farm of my father, ing a "border ruffian,' and sending colored
who raised a family of ten children. I am men back into slavery from Kansas. They
here to defend that party which had made
are all infamous lies.
labor honorable and rendered it possible for
Now, as I said, before these men can be
the colored man to enjoy the fruits of his
trusted it should be known to a certanity
honest toil. It could not be denied, that al-
that their professions are not a mere subter-
though there were several parties in the field,
fuge.
fuge.
the great fact to be recognized was the exist As to the second article of that platform,
ence of only two great political parties. This which pledges to accept the amendments to
is proved by the platforms of the parties the Constitution and to maintain the Union
themselves. There is the Cincinnati-Balti- when I remember how gallantly some of them
more platform which I call the platform of the have struggled to break up the Union, and
old Democratic-Conservative-Ku-Klux-Abo-
that the Democracy of the North had helped
litionist-anything to beat Grant party. them, and Ku-Klux clans that rose so promptly
Now I will give you my interpretation of to resist the amendments, I should ask a better
the first article of that platform. We, the guaranty than mere windy words of a political,
secessionists of the South, the copperhead campaign.
Democrats of the North, the Ku-Kluxes of the
The third article demands the immediate
South, the Tammany thieves of New York, removal of all political disabilities, and uni-
bow our heads and meekly subscribe to this versal amnesty. On this question I and
article which recognizes the equality of all Brother Brooks quarreled two years ago. I
men before the law, and the duty of the gov had maintained publicly, fearlessly in October,
ernment to mete out equal and exact justice to 1870, that the time had come for removing
all of whatever race, color or persuasion. Now disabilities. He contended that the time had
I hope very much that my Ku-Kluxs friends not come to even think of it! I have heard
are in earnest in subscribing to this article that he denies using this language.
and I am willing for one to accept their re-
Mr.
pentance, but as to them, I believe the good, I have come prepared to prove that you
old Methodist doctrine of a reasonable pro-
did. Here are two reports of your speech at
bation should be applicable. This reminds Butlerville, which contain it. One the Re-
me of the difference between Greeley and publican's report; one the Gazette's, which
Grant and Brother Brooks and myself. My substantially agrees with the Republican. And
father never voted the Democratic ticket. But furthermore, there, sitting before me, is the
I thought I was wiser than he, and when I reporter who reported your speech [referring
came of age I acted with the Democracy for a to Mr. Pomeroy]. There is the record against
you, and as Artemus Ward has truly said, 'A
record is a mighty onconvenient thing. I am
A voice from the audience asked
possessed of another record and will read it
him: “How about that secession as proof that Mr. Brooks has favored the con-
cockade?"
fiscation of lands of the Southern people. As
net
time.
of the Reconstruction Period in Arkansas.
135
I had recommended it in my message, as Gov- ation has been called upon to consider. If
ernor, the Legislature adopted the proposed such a policy is right, why do they not plant
amendment to the State Constitution provid themselves squarely upon it? If wrong, why
ing for the complete removal of political dis- not stand squarely against it? The fact is,
abilities that Brother Brooks had helped with that the men who went to Cincinnati were
great zeal to incorporate in the Constitution. drawn there by hatred of Grant, to whom the
Meanwhile he had gone up and down trying people owe a debt of greatest gratitude.
to make the colored people believe, that by From such a heterogenous conglomeration
this measure your speaker was selling out the what would you expect but contradiction?
party to the Democracy,' and inaugurating a The eighth article is good, in favor of a
plan for putting them back into slavery! But speedy return to specie payments. I favor it.
the following Legislature, when the people The ninth article is first rate, declaring
had ratified the amendment, went to work and gratitude to the soldiers and sailors and their
made the amendment a part of the Consti- right to be rewarded. It would please me to
tution, which was a speeder and more efficient believe that the ex-Confederates, who fought
method than resoluting it in platforms,' or them so gallantly, remembered with gratitude
vaguely postponing its adoption, according to the men who thrashed them!
the idea of Mr. Brooks, ' until all the colored The tenth article, opposing further grants
children should be educated in the Yankee of lands is a principle which I have supported
schools.
by fighting every such thing as often as it
I was in favor of imposing disabilities as a
came up since I have been in Congress. The
temporary measure, because it was necessary
Brindles, on the contrary, have voted for
to accomplish the reconstruction of the State,
every one of these schemes and made inoney
and the ex-Confederates refused to help me in by the operation. Rice could not deny that
doing so. I have always advised a liberal he took money for them, or that he took the
course. Brooks, Price and Hodges thought money of Kentucky orphans, who were his
differently and placed these disabilities in the clients, and decamped with it -- kept it seven
Constitution.
years, and only paid it back after he had been
[Here the speaker read his message favor-
exposed.
ing the removal of disabilities and the re-
The eleventh article referred to our foreign
duction of the number and salaries of officers].
policy. Grant's foreign policy met every re-
quirement of that article.
The fourth article of the platform of the
The twelfth article, all true Republicans
Democracy in favor of local self-government
Id as the government itself, and I cor- . little stromecer
can endorse. He could amend it to read a
dially endorse all that this article contains.
The speaker then read the Whip-
The fifth article, I regard as too general
ple resolutions of the Liberal Re-
in its first sentence to admit of discussion.
The remainder of the article throws light upon
publican State Convention, which
the political policy of its authors. It attempts
he called the “Brindle-tail plat-
to evade the great issue which has been for form.
many years the most important that has ever For cool, unmitigated, scientific lying, he
engaged the attention of the American people. would commend it. It is true, that not 'a
* Protection for American industry' is one of large, but a small number of persons had
the most important questions that this gener been indicted in the Federal courts. All the
136
The Brooks and Baxter War: a History
rest was false as hell! It was not true that government? When we came to reconstruct
certain men had been removed by the Presi- the government, the old citizens would not
dent 'in the interest of criminals.' It was a take a hand. The negroes and carpet-baggers
lie! It was not true that the men removed did the best they could. If it were in my
were honest and efficient.
power I would wipe the past all out! If the
They were as scurvy a set of knaves and
State government is imperfect, no men are
more to blame than Joseph Brooks, B. F.
theives, as ever plunged their hands into the
Rice and James L. Hodges. They ran the
public treasury, and eluded the walls of the
Constitutional Convention. I had no hand
penitentiary; and he would show this to be
in it.
so, before he got through! It was not true
It came out in evidence at Washington,
that they were removed because they would
that this man Brooks and others were direc-
vigorously enforce the law,' but it was because
tors in the Little Rock and Helena railroad
they would not enforce the law against their
pals, whilst, on the other hand, they could not
company. In course of time, the Red River
and Ouachita railroad company wanted more
sleep at night for scheming to oppress honest
bonds of State-aid than had been awarded it.
men. It is not true that the attorney appointed
So the latter company bargained with Brooks
in the place of Whipple allowed these men
and another member of the Helena company
who were indicted to go free. Whipple was
for their State-aid of $25,000 in State bonds.
invited to prosecute the case and did prose-
They got it from the Helena company! and I
cute it. He was retained and when the court
have a copy of Joseph Brooks' relinquish-
met, Judge Dillon, and not that Whipper-
ment over his own signature. He gave up
snapper tried the case. And what was the
the bonds issued to his company, to be con-
result? That able and pure judge decided
verted into money by the other company.
that there was no offense! Then they raised
Mr. Rodgers came before the committee and
the cry, that 'Clayton was afraid of investiga-
testified to these facts. They are not hear-
tion. What did he do on hearing that cry?
say.
He invited his brother senators to investigate,
Rice, Hodges, Benjamin and other prom-
and men who would have bowed to the crack
inent Brindle-tails, have taken out $350,000 of
of no party-whip, heard testimony for four
the life-blood of the Little Rock and Fort
months. Brooks testified, Rice testified, and Smith railroad, and that is why your citizens
McLane and the balance of the Brindle crew, of Lewisburg cannot step on the cars to-day
thirty-eight witnesses. And what was the and go to Fort Smith. That money has gone
sult of that investigation by honorable men in a way that might be guessed at by looking
They declared the testimony fails to impeach · at Hodges' beautiful house at Little Rock,
the Senator's official conduct or character.
upon what the old citizens called “Robber's
That committee, upon sworn testimony, and
Bluff. These men have destroyed the credit
not newspaper articles paid for by Cairo and
of the State in the city of New York. They
Fulton railroad money, summed up by saying
got control of the Cairo and Fulton railroad
that "This charge is totally and entirely un-
franchise, not by purchase, for they did not
sustained.'
buy it; and when Marquand and his associates
Your speaker will not say that the State were ready to buy it, the latter in order to get
government is perfect. The question was not rid of Rice and Brooks, had to buy them off,
what kind of government the people should by giving them over $500,000! After the
have, but whether they should have any bargain was made, and the time fixed for pay-
res
rah
of the Reconstruction Period in Arkansas.
137
ment, they all tramped off to St Louis to re-
ceive it. They were too well acquainted with
each other to trust any one of their number,
even Parson Brooks with such a mission. They
knew Rice had stolen the money of the Ken-
tucky orphans, and was given to gambling
No one thought of trusting Hodges. So they
all went together! After setting aside $40,000
to be placed in Ben. Rice's hands for political
purposes, and after paying the two Rice's their
attorney's salaries, at the rate of $10,000 &
yčar, they divided the balance among them-
selves! Rice acknowledged under oath that
he got $40,000; Brooks got about $23,000.
Brother Brooks need not try to keep me
answering questions, during my speech, I am
too old for him to play that trick upon me.
Brooks and Hodges and Rice are the men
guilty of robbery and peculation in this
State, and I have come here to charge them to
their faces that they are thieves and scoun-
drels, reeking with corruption ! They have
stolen not only $500,000 from the Cairo and
Fulton railroad company, but nearly every-
thing else in the State. All these charges can
be sustained by evidence. They are not made
merely in this State, but have been made be-
fore their faces in Washington, where Rice
had only stammered they were untrue.
I have pledged my honor and reputation
as a Senator, that they were true, and chal-
lenged Rice, as a Senator, to demand an in-
vestigation, as I have done. But Rice is too
smart for that! But I have something to say
of the Brindle candidate for Lieut. Governor,
January' Smith. It was in evidence in
Washington, and the witness was a Brindle-
ngton, and the witness was a Brindle
tail, that old man Smith was paid $200.00 for
his support of the levee bill.
James L. Hodges interrupted
the speaker by saying, “It is not
so.”
I repeat that General' McLane testified
to what I have said. He also testified that, he
himself received $20,000 for assisting in lob-
bying the levee bill through. Of course this
was for his services as 'attorney.' Pretty good
pay for an attorney doing lobbyist's work, es-
pecially such an attorney as McLane. Fulton;
the colored Brindle candidate for Secretary of
State, swore in Washington that he received
money from a man named Townsend, or
Keno Townsend,' as the Journal used to
call him. He refused to testify what sum was
paid him, or for what, on the ground that it
would criminate him! The Rices, Hodges,
Catterson, Whipple, Brooks, Whytock were
all in this Cairo and Fulton railroad ring.
They are a nice set of fellows to talk of
honest men for office, and thieves to the
rear!'
I had interests in this State before the
most of these statesmen came here. I had, as
John M. Bradley would say, 'harnessed my-
self to the soil,' and 'taken my chances'
with the people of the State. At first, I lost
money, but I stuck to it, until it has paid weh.
Taxation for general purposes is no higher
now than five years ago, one-half of one per
cent. The additional taxation, of one-fifth of
one per cent Brooks and his Holford Bond
enterprise has caused us to pay as interest on
the funded debt. I believe that some of his
ring secured money for that job. Gen. Karney,
of Kansas, told the speaker that he had loaned
Rice $25,000 to be repaid in funded bonds of
this State. The General's partner said he
had the bonds now, paid by Rice on the loan
and is liable to keep them a long time!
And now let me conclude, by telling you
a little story, or fable, by way of illustrating
what we have seen and may expect to see.
There was once an old brindle bull, which had
been driving the small game into the lion's
mouth, by bellowing up and down; and in
turn the lion permitted him to graze a little,
unmolested. But we shall not let the old
brindle play his little game any longer. In
10
138
The Brooks and Baxter War: a History
November, we will strip his hide off, and hang combatants separated and the
it up for a warning. Or else, Grant, who is a crowd dispersed.
good tanner, will tan it. And Wilson, who
August 21, 1872, the Republican
is a shoemaker, will make it into shoes, so that
(Minstrel) State Convention met
the poor Brindle Democracy can have shoes
in the Hall of the House of Rep-
to wear on the rugged trip they are destined
to take up Salt River.
resentatives, at Little Rock. A.
J. Warwick, Chancery Judge, was
The “Klu-Klux” Democracy chosen temporary .chairman, and
could but admire the pluck exhib- appointed the customary commit-
ited by Clayton, and cheered him tees, when the convention took a
generously. The negroes seemed recess until evening. At the even-
perplexed at the antagonism'ex ing session, Judge Warwick was
hibited between these recognized made President; Vice-Presidents
leaders, and remained silent. Mr. were chosen for each Congres-
Brooks looked, if anything, more sional district. Senator Clayton
sardonic and sallow during its moved the appointment of a com-
delivery. The State militiamen mittee on resolutions, which was
shouted wildly. Hodges smarted carried. The President appointed
severely under the terrible personal Powell Clayton and five others as
castigation inflicted on him. He the committee.
was a short, thick man, with mut- It was moved and agreed to,
ton-chop whiskers, red face and that the convention now go into
tip-tilted nose -- a living embodi- nominations for State officers on
ment of the “butcher" in English the Republican ticket.
toy-books. He was lessee of the Judge E. D. Ham nominated
penitentiary, and went heavily Elisha Baxter, of Independence
armed with revolvers and stout county; J. A. Lockhart nominated
hickory stick. He panted in im- Gen. A. W. Bishop, of Pulaski;
potent rage, and with flushed J. F. Bottsford nominated ex-Sen-
cheeks whispered to Brooks, who ator Alex. McDonald, of Pulaski;
repressed him. Brooks made a Chas. W. Tankersley nominated
short, formal reply. He attempted 0. A. Hadley, the acting Govenor.
to be humorous at the Senator's The movement of the Liberal
expense and to admire the adroit- wing of the Republican party and
but secured for himself the chief Democracy was admonitory that
honors and profits, “all the same.” carpet-bag strangers, (as were all
Hodges wanted to speak, and who had so far been put in nomin-
Clayton stood silent as if he wished ation, except Elisha Baxter) should
he would, but Brooks, McKenna play a less conspicuous part in this
and others dissuaded him. The campaign.
of the Reconstruction Period in Arkansas.
139
The opposition combination was
too formidable to be trifled with.
So Senator Clayton, who really
wielded omnipotent power in his
faction, stated that he had been
authorized to withdraw from nomi-
nation for Governor the name of
O. A. Hadley. Asa Hodges, of
Crittenden, a confidant of Clayton,
stated that he was authorized to
withdraw the name of Alex. Mc-
Donald. Gen. Bishop himself de-
clined the nomination, and moved
that, “ Elisha Baxter be nom-
inated, by acclamation the candi-
date of the Republican Convention
for Governor,” which was carried,
although without much cheering
or enthusiasm. Judge Baxter was
escorted to the platform, and said:
You must accept the tribute of a grateful
heart. It is to Governor 0. A. Hadley that I am
more indebted for occupying this position than
to any other man in the sound of my voice.
Had he not fully and finally determined to
withdraw, I could never have been nominated.
I see many faces before me that a few
years ago would not have been allowed to
come into this hall. I saw a bill passed in
this hall, in 1858, requiring all persons of color
to give bond for their maintenance or leave
the State. I combatted that infamous propo-
sition on the floor of this house. Men have
come to me and said, you are an old citizen,
if you are elected, can we, as carpet-baggers,
or we as colored citizens, rely on your favor-
able consideration ?
A friend of mine referred to-day to the
time when I was in prison here for treason
the agency of friends, some white and some
colored, I was enabled to escape. May my
arm drop from its socket if ever I prove rec-
reant to the colored people of Arkansas. The
infamy which I see heaped upon one who
has pursued such a course, would alone serve
to deter me. Joseph Brooks claims to be the
candidate of a party or parties who have put
him forward to betray the Republican party,
and the colored people of the State.
I have some knowledge of law, as through
the kindness of Governor Clayton I have held
a position in the judiciary of the State. I
know something of the solemnities of a con-
tract. Mr. Brooks' contract with his parties
has been signed and sealed, but not deliv-
ered (?) If the Republican party lives, it will
never be delivered. The cry of this eminent
man, is: 'Honest men for office.' I should
not wish to see any man occupy any office,
however small, unless he is a hundred times
more honest than I believe the Rev. Joseph
Brooks to be!
I intend to do my part, and I think we
have inaugurated a policy that will result in a
victory of the Republican party of 20,000
majority, and which will bury Joseph Brooks
so deep that the intense indignation of the
people will never reach him. I will sup.
port Grant and Wilson, and will not vacate
the executive office, until the expiration of my
term of office. I thank you for the honor.
As crude as were the notions of
his auditors of forensic propriety
and elegance this short speech of
acceptance did not seem to im-
press them very favorably. They
seemed to realize that the man
was silly enough to be honest.
Volney V.Smith was nominated
for Lieut. Governor; Jas. M. John-
ston for Secretary of State; Henry
Page for Treasurer; Stephen
st the Confederate States. No f
on that account is entertained by me. I am
to forgive as I expect to be forgiven. Through
140
The Brooks and Baxter War: a History
es
Thos. Bar, w. Wy appoinmittee
Wheeler for Auditor; T. D. W. 11. To prohibit collectors and treasurers from
Yonley for Attorney General; M. buying scrip, and require payments in kind.
L. Stephenson and E. J. Searle
12. To reduce salaries and fees. 13. To make
for Associate Justices; J. C. Corbin
penitentiary self-sustaining. 14. To reduce
(colored) for Superintendent of
amount of exemptions. 15. To require strict
investigation as to the means employed for
Public Instruction; H. B. Robin-
procuring the law funding the Holford Bonds.
son for Superintendent of the
16. Eulogizing Gov. 0. A. Hadley.
Penitentiary, and John M. Bradley
for Congressman at Large; W.W. The Executive Committee ap-
Willshire for Congress. Third Dis- pointed was: Powell Clayton, O.
trict. The nomination of electors A. Hadley, J. N. Sarber, S. W.
for President and Vice-President Dorsey, at Large; E. R. Wiley, J.
of the United States was confided 1. White, First District; Jame
to the Executive Committee. Torrans, Francis Sawyer, Second
which subsequently appointed D. District; John McClure, E. D.
S. Griffin, W. W. Granger and Ham, Third District.
Thos. Barnes, Electors at Large; The “Pope county war” was
W. H. Howes, First District; about this time disturbing Gover-
Arthur Hemmingway, Second Dis- nor Hadley's administration. Its
trict, and L. G. Wheeler, Third details would cover many pages.
District.
Pope county is divided from Yell
Powell Clayton, chairman of county on the south by the Ark-
the committee on resolutions, pre- ansas River. It extends north-
sented the platform as prepared ward into the mountains. At the
by the committee, which was foot of these lies Dover, a pretty
adopted without change. The village formerly, and the county-
platform was:
seat. Hickox, the County Clerk,
1. Adhesion to principles of the Republican issued, on his own motion, an
party. 2. Equality of all men before the law. "order," or warrant, for the arrest
3. Free Schools ; Superintendents to be abol- of young Poynter, whose father
ished, and question of education remitted to had long kept tavern at Dover.
the local authorities. 4. Strict enforcement of Brown, a deputy Sheriff, in execut-
the registration law. [Union League]. 5. ing it, was shot and killed. old
Removal of political disabilities (subject to man Hickerson always said. by
registration]. 6. The exclusive right of the
Poynter. Hickox caused the Sher-
States to determine the qualification of voters.
iff, Dodson, to arrest young N. J.
[They were then the ‘State']. 7. Reduction
of taxes and opposition to repudiation. 8.
Hale and his father, Joe Tucker,
Exemption of personal property to the value
and Perry West as the murderers.
of $200. 9. Repeal of State law creating Dodson, Williams and Cloninger.
Superintendent of Immigration. 10. To give militia officers, with the pretence
to the people the right to elect all officers. of taking their prisoners under
of the Reconstruction Period in Arkansas.
141
guard for examination before ment dressed in regular United
Judge W. N. May, at Dardanelle, States uniforms. He wrote to
across the river, murdered young Maj. Gibson, at that date :
Hale and Tucker, in the night, I am satisfied, from what I have seen my-
about six miles from Dover. Old self, that Cloninger has acted in gross violation
man Hale and West escaped in of law. I hope no means will be spared to
the darkness. The party was bring him to justice.
armed with rifles recently sent to No steps were taken to arrest
Williams company, by, the Gov. Cloninger, who had robbed all, in-
ernor. The Governor hearing of discriminately.
the killing, said he would have re- On the 4th September Gov.
moved Dodson, but was powerless Hadley received the following
under a recent decision of the letter from Dodson, at Little Rock,
Supreme Court. He went in per- to which place he had gone, after
son to Pope county. On the 13th the events related in his letter, as
Tuly he issued to Williams an order follows: [written for him there].
to disband his company. He
DEAR Sir: On ist September, 1872, in
issued a second order to the same
company with W. H. Hickox, the County
effect, as follows:
Clerk, and my deputy, John H. Williams,
LITTLE ROCK, July 26, 1872. I started out of the town of Dover, Pope
Maj. T. M. Gibson, Commanding State
county. At a distance of about one hundred
yards from the court square we passed twenty
Guard, etc.,
or thirty men armed with revolvers. At a point
SIR: It has been reported to me that a
further on we were fired upon from a house
portion of the arms sent Capt. Williams'
occupied by one Meecham as a wood-shop,
company, has been placed in the hands of
and Capt. W. H. Hickox was shot through his
men charged with the assassination of Hale
head and killed. From the point where
and Tucker. If true, you will cause the arms
Hickox was killed, for a distance of a quarter
to be taken away, or Williams' entire com-
of a mile, deputy Sheriff Williams and myself
pany to be disarmed, and the storing of the
were fired upon by persons secreted in houses,
arms, if this will restore quiet, etc.
O. A. HADLEY,
fence-corners and alleys, and in our rear by
Commander-in-Chief.
the persons of whom mention has already
been made. [Here he gives an account of
EDWARD SAXTON, Capt. & A. A. G.
Gen. Bishop's visit - of no consequence).
Gibson (who was one of Catter Much excitement prevails throughout the
son's raiders) either could not or county, and nearly all the male inhabitants
would not restore quiet. Then, thereof are under arms and refuse to recognize
the forms of law (as observed by Dodson].
ernor sent Upham, with authority The Governor replied to his let-
to call out the militia and to ter the same day, stating that Maj.
take general command. He finally Gen. Upham had been instructed
sent Lieut. Grove, with a detach- to assist him in the enforcement
142
The Brooks and Baxter War: a History
of the civil and criminal law, and Springs. There he was torn limb
directing him to place himself in from limb in the machinery of a
communication with Upham. Both saw-mill he had bought and was
letters were for publication, and operating. “They say, blood will
appeared the next day in the Re have blood," said Macbeth. These
publican.
disturbances for a time helped the
There appeared also in the Re- canvass of Mr. Brooks, so lately a
publican, the military order of militia champion. But in the end
Sept. 6th, entitled, “Special ord- they taught the people to doubt
ers, No. 128,” in four paragraphs, both sides, and rely upon them-
assigning Maj.-Gen. Upham to the selves. Credit was given Governor
command of all the State Guards Hadley for his attempts at pacifi-
and enrolled militia, and ordering cation.
him to proceed to Pope county. Brooks and Clayton, not far from
Signed by O. A. Hadley, as Com- these scenes, were engaging in
mander-in-Chief, and by Edward heated discussions, and spoke to-
Saxton, Capt. and Å. A. General. gether at Van Buren, on the river
Dodson returned to the county above, the 31st of August. Brooks
viith Upham and resumed com- was accompanied by Hynes, the
mand of his old gang of maraud “Reform" candidate for Congress
ers, but was ordered by Upham at large. Since the last Legisla-
not to enter Dover. Sept. Ioth, ture, an additional Representative
Capt. Williams was killed while in Congress was allowed the State
collecting militia for Dodson. for whom no district had been
Upham, himself, did not seem laid off.
to approve Dodson's methods. Mr. Hynes was about 30 years
The mountain militia “appeared old. He had some connection
to hesitate." This was no bed with the press at the Federal Capi-
quilt raid that invited them. About tol, whence he was sent to Ark-
the loth of Nov. as Dodson was ansas, by B. F. Rice, to become a
boarding the train to leave the candidate on the Brindle ticket.
county, at the terminus of the Fort He was an Irishman, and, like most
Smith and Little Rock railroad, of his countrymen, was a fluent
he was shot to death by a party of talker. He had not been long in
citizens in pursuit of him. They the United States. He wore side-
"removed” him, if the Governor whiskers, with a retreating chin.
could not. They meted out to In winter he had appeared in drab
him the doom he had visited upon overcoat and gaiters, a Mark Med-
many others—a leaden summons dle, or Oily Gammon, as depicted.
and summary execution by the In summer, he dressed in short
roadside. Cloninger fled to Hot Seersucker coat, white necktie and
of the Reconstruction Period in Arkansas.
143
Hy expose his militaroducednem
high silk hat. It was one of the his parable of the “Old Brindle
reverses of the time that this callow Bull.”
foreigner, who did not have a Hynes followed and made a ter-
hundred acquaintances in the rible exposé of the misdeeds of
State, was put forward to occupy Clayton and his military and civil
the seat once filled by Yell and “myrmidons." He produced re-
Sevier, Johnson and Hindman, who cords and gave data against them
were qualified by long training and with telling effect and an audacity
exceptional ability. This was that contrasted with the somewhat
enough to show the contumacious guarded criticisms of Mr. Brooks.
disregard in which the people and He had no crevices in his armor,
their interests were held by these since he had just put it on, and
adventurers of both factions. He was bold in the knowledge that
was a Catholic also. His constit. Clayton could make no counter-
uency (?) were protestants and ne- charges against him. He would
groes.
have come off with trophies, if he
There was a large crowd to had not ventured one stroke too
meet the speakers at Van Buren. many. Clayton listened to him
Mr. Brooks opened the discussion calmly, from his seat in an open
with his familiar denunciations of carriage until Hynes repeated the
the State House ring and determin- story of the secession cockade.
ation to fill the penitentiary with The Senator immediately sprang
them. Clayton demanded of him from the carriage and rushed to-
whether he intended his remarks wards the stand upon which Hynes
to apply to him personally. The was speaking. Seeing Clayton
speaker replied that he did not, coming at him, Hynes jumped
unless the Senator believed they from the platform and ran off to a
had a personal application. When place of shelter, where he remained
Brooks had concluded, Clayton in safety until Brooks encouraged
replied, laying at Brooks' door him to return, and led him back,
most of the troubles that beset panting and bareheaded, to the
his administration (!) and charged stand again. He continued his
Brooks with being the father of speech, but spared any further
the law for funding the Holford allusion to the obnoxious cock-
Bonds. He repeated the history ade. His opponent could listen
of the Cairo and Fulton railroad quietly to charges of official cruelty
steal by Brooks, Rice, Hodges and corruption. At the mention
and Whipple, and denounced the of the “secession cockade” he
Brindle leaders in pretty much the gave way to ungovernable rage.
same language employed by him Why? Because the former com-
at Lewisburg, and concluded with mended him for positions of power
144
The Brooks and Baxter War: a History
1
and pelf. The wearing of the and sought protection in the audi-
badge, which was really a decor- ence. Gen. Hugh F. Thomasson,
ation of everlasting honor to its of Van Buren, was present and en-
wearer, would have disqualified couraged Hynes to take the stand
him!
again, but counseled him to cease
· When Hynes concluded, the personalities. Judge Searle, of the
Senator denied the story with Supreme Court, who was known
characteristic vehemence; gave a by the sobriquet of “Highland
history of the advent of Hynes, Piper of Hamelin," spoke after
and described him as a tool and Hynes, and reviewed Brooks' polit-
“henchman of as scurvy a set of ical record. Before he concluded,
knaves as had ever eluded the Judge Baxter, Republican candi-
States' prison.” He said that date for Governor, arrived. He
Brooks knew this story and similar made a speech characteristic of
charges to be lies, and yet instigat- an old citizen, dignified, and avoid-
ed this fellow to repeat them ing personalities, but charging
The crowd enjoyed the scene Brooks with betraying the poor
immensely — admired Clayton's black people, who trusted him.
dash, but endeavored to encourage Thenceforward, Brooks, Hynes,
Hynes to badger him again. and Baxter and Clayton conducted
Hynes was indisposed to retort. the campaign against each other.
He wiped his silk hat with his At Fayetteville, Sept. 5th, Clayton
handkerchief, adjusted his white spoke. Brooks shed tears at this
necktie, and seized the first oppor- place, in narrating a case of black-
tunity to retire. The trio spoke mailing, as he termed it, under
together again at Fort Smith, and pretext of enforcing the United
then at Greenwood, in the hills States revenue laws by the Min-
southward. Crossing the river to strels. He told how an old Ger-
Oliver Springs, they spoke again man, at Little Rock, was robbed
together. Here Mr. Brooks ad- by them of a considerable amount
mitted that he was paid $23,000, of money. Clayton replied and
and received sundry shares of charged Brooks with aspersing
stock for his interest in the con- the character of Southern ladies.
trol of the Cairo and Fulton rail- Brooks jumped up and declared
road franchise, but refused to say the charge was false. Clayton re-
how much stock of the company plied that he had a letter in his
he received. And here Hynes pocket from a well-known citizen,
again alluded to the "secession stating that he heard Brooks say,
cockade," when Clayton denouced “There is not a virtuous woman
him as a liar and damnable scoun- in the South.” Mr. Brooks did
drel. Hynes again left the stand not call for the reading of the
of the Reconstruction Period in Arkansas.
145
letter. The subject was one unfit ized the Democratic Executive
to be discussed by either on such Committee to act with the com-
an occasion. The assertion was mittees of all Reform Republican
preposterous on its face. Iacha organizations opposed to the pres-
moes, before, have impeached ent administration, in the conduct
the chastity of women they never of the ensuing campaign.
saw, who were Imogens of purity. This hope of “unity of action"
Baxter and Brooks continued proved impracticable. At the first
the debate through Eastern Ark- conference of the Pulaski commit-
ansas, until the eve of election. tees, Democratic - Conservatives,
It is due to this history to record and “Reform" Republicans, the
that the Republican candidate for Reform Republicans, Senator Rice
gubernational honors took no part being their spokesman, put the
in these turbulent scenes - was Democrats decidly “to the rear,"
never indecorous in word or act, with “the thieves.” The result
as became his antecedents. Col. was the Democrats seceded and
Thomas Newcombe was not more threatened to nominate their own
dignified and courteous when he party tickets! The estrangement
stood for the suffrages of his grew until it resulted in a meeting
countrymen.
of Democrats in convention, to
It will be remembered that the put out a ticket of their own, and
Brindle State Convention, of May accordingly, on the Ist of October,
22d, invited “all the friends of 1872, the Democratic, members of
free government, law, order and the Executive Committee, uniting
justice to co-operate in the fear with a committee, calling itself a
ful, but determined fight which a pure “Liberal Republican” com-
wronged and robbed people were mittee, put in nomination a purely
waging in response to Greeley's Democratic ticket, with Rev. An-
rallying cry, 'Honest men for drew Hunter, at its head, who was
office: Thieves to the rear!'" The far from seeking such an office.
Democratic convention of June It was understood that Mr. Hunter
19th, responded by resolving that, had declared his acceptance of
“There must be unity of action as this nomination; but such a storm
well as feeling on the part of all of protest assailed him, from those
good citizens,” and indorsed “the who considered themselves pledg-
platform of principles (?) adopted ed to Mr. Brooks, that Mr. Hunter
by the Reform Republican Con- precipitately signified his unwill-
vention of May 22d," which was in ingness to continue on the ticket.
no sense a platform of principles, So the "new ticket” was with-
but only a string of invectives drawn. October roth, in an ad-
against Powell Clayton. It author- dress, specifying the causes of the
146
The Brooks and Baxter War: a History
moveme signed turner, Solomot
by B. Pohn M. freren ad organized from the large
epub the dable
leyrore, R. H. H. Englisho her, E.
support old
movement, and withdrawal of the The canvass had been hurtful
ticket, signed by B. F. Dan- to Brooks and his Republican con-
ley, B. D. Turner, John M. freres with such men in the State.
Moore, R. H. Johnson, Solomon He had organized a formidable
F. Clark, E. H. English, J. N. support, it is true, from the large
Smithee, Geo. A. Gallagher, E. body of old citizens who stickled
Thuemmler, “Democratic mem for the name “conservative,"
bers Executive Committee.” They through traditional hostility to
were men of the highest standing “democracy." This class of citi-
and approved integrity, besides zens adhered to Brooks with a
being men of ability and political disinterested tenacity truly won-
experience.
derful. They said, we have formed
The address stated, among the this association; it has been
causes that inspired the nomin- rather unpalatable to us, but,
ation of the Hunter ticket, the “Returning were as tedious as to go o'er.”
following:
They not only denounced the
At the same time that the new ticket, Hunter movement as ill-timed, and
with Mr. Hunter at its head, was nominated a hideous mistake, but some of
by the Liberal Republican Committee [not them impunged the motives of
the Reform Republican Committee led by the Democrats who countenanced
Rice], the acting Governor of the State agreed it. They charged that it was a
in a public correspondence, for reasons which
betrayal of the “Reform" party,
we are led to conjecture only, without exacting
in aid of the Minstrels, in order
or receiving any promise or pledge from the
that these Democratic leaders
undersigned or their friends, to require a fair
registration and just count in the coming
might receive a share or the whole
election, and issued instructions to his regis- of $10,000 said to have been sent
trars in accordance with such agreement. by Grant to aid the Clayton Repub-
It is not denied by any one that, with such licans ! and "for gold, they had
a registration from whatever motive guaran been bribed by Clayton and Had-
teed, which was the most we hoped to obtain ley to put up the Hunter ticket,
by co-operation with Mr. Brooks, the Demo- really in the interest of the regular
cratic-Conservative party can easily elect can Republican ticket.” In the ad-
didates from its own party, being largely in dress withdrawing the Hunter
the majority in this State. Neither is it to be
ticket, the above named patriotic
claimed with truth, that co-operation with
and “honorable men,” thus ac-
Mr. Brooks will bring to us any considerable
accession of votes. But, we assert on the con-
cused, replied to these charges, as
trary, that such co-operation is sure to drive follows:
from the opposition to radical misrule, a large The men who embarked in the movement
number of our fellow-citizens. By these con looking to the election of the new tickets
siderations, we were actuated in advocating could never be actuated by such consider-
the nomination of the ticket.
ations. The exigency of this moment pre-
of the Reconstruction Period in Arkansas.
147
sented a "golden opportunity," which, by
means of such groundless slanders has been
lost; a tide in the affairs of the party which
would have led to a brilliant and unequivocal
success, and given freedom and peace to our
people, has been neglected. By these means
our candidates were driven to withdraw, and
the movement caused to be abandoned at the
very threshold of a rescued State. .
a zealous follower. He would have
preferred Hadley as a colleague to
Rice. This was the only means
of having him such without com-
mitting a great election crime that
might be followed by revolution
or what not.
Or it may have been that acting
Governor Hadley conceived that
“Hunter movement,” all its origin- and indulgeda natural aspiration
ators claimed for it. James M.
to go from the gubernatorial chair
Pomeroy and E. Thuemmler, of
to a seat in the Senate. He may
the (regular) Liberal Republican
have been truly willing to give the
committee, after full conference
lawful voters of the State their
with the acting Governor, Hadley,
Legislature, if the Legislature
in which they at least were confi-
would elect him Senator. Perhaps
dent and sincere, communicated
Baxter, the candidate for Gov-
his purpose to give the committee,
ernor, in his speech accepting the
which should place a Democrat
nomination, did not express the
in nomination, the appointment of
entire thought in his mind when
all registrars and election judges he declared that he "owed more
in the coming State and Presiden- to Hadley for the position he then
tial election! This proposition occupied, than to any other man
would have been deemed prepos in the house." The great French
terous, without ample "assur-
diplomat said that words are not
ances.”
intended to express the thought.
The Governor had it in his But Baxter's words indicated very
power to keep his word. The clearly that to Hadley's self-denial,
Republican detestation of Brooks or forced repression, he owed the
was unutterable. They were de- nomination. He wished to an-
termined that he should never be nounce his recognition of the fact.
Governor. His threat to fill the It did not prevent Hadley from
penitentiaries with them, which turning his eyes to a seat in the
was amusing to Democrats, may United States Senate, which was
have had a real dread for some of then exercising unlimited control
them. The Brooks movement - a great imperial parliament,
looked so formidable, that Clayton omnipotent--a constitution to it-
himself may have meditated an self. The sceptical said he was
honorable surrender to the old only double-dealing for the benefit
party of which he had once been of Baxter and his faction. This
148
The Brooks and Baxter War: a History
kind of treachery was character- of a large number of witnesses,
istic of his confreres (a very cheap read before the committee of Con-
quality, possessed largely by in- gress, of which Hon. Luke E.
ferior races of men), but Hadley's Poland, of the House of Repre-
general course did not indicate it, sentatives was chairman, sent to
and the ends to be accomplished inquire into the condition of
did not call for it.
affairs in the State of Arkansas.
The Brooks people seemed mad- In the report of that committee:
dened by the Bourbon defection, 43d Congress, 2d Session, Report
as they called it, and prosecuted 2d, page 97, is the deposition of
the canvass without any qualms. William F. Grove, an ex-Union
Under the pretended “election" soldier and Lieutenant of State
laws, framed to meet the recon- Guards, ordered to Pope county,
struction acts, the result of the by Governor Hadley. He testi-
ballot was easily determined “by fied, among other experiences, to
the will of the commander.” If the following:
Pomeroy and Thuemmler had been I first went to Pope county, on the 6th of
duped, their illusion sprang from September, 1872. I went there as First Lieut.
the only reasonable hope — which of State Guards. The Guards had been
was to get the appointment and ordered to Pope county by the Governor. I
control of election officers. Martial was in charge of the company. I was com-
law had been only nominally re- missioned as such by Governor Hadley. When
voked. As a minion of martial we arrived at the end of the railroad (Perry
law, which he had gloried in caus-
Station) we found about two hundred and fifty
militia. Captain Stuart, Circuit Superintendent
ing, Brooks was but thistle-down
before the breath of the “district
militia. The greater portion of said militia
commander.” Mr. Greeley, in a 100
looked to be pretty hard cases. Next morn-
government truly free, had been a
ing we went into Russellville. The citizens,
recognized “power,” but now that what were left of them, seemed very glad to
he defied the victorious armies see us, as they thought my detachment to be
which he had not called in being, “regular soldiers.' They said that if we were
he became an object of contempt regular soldiers we would take no part on
to his old associates and mistrust either side, but would preserve peace. My
to his new ones.
detachment was uniformed in regular United
The day appointed for the elec-
States uniform. We kept up the impression
tion came round. The mockery
for three or four weeks that we were regular
soldiers. On Sunday evening I was ordered
of a registration had been faintly
by Gen. Upham, to take three men, together
observed, and was followed by the
with Mr. J. B. Erwin, of Russellville, and go
performance which men called
to Dover, the county-seat (eleven miles north,
“an election.” What it really at the foot of the mountains). On arriving
was, is described in the depositions in sight of Dover, I saw quite a number of
of the Reconstruction Period in Arkansas.
149
armed men drawn up in the street, embat- him; in fact he needed no protection. Gen.
tled farmers, and on arriving in town fóund Upham also offered to protect him.
there between seventy and eighty men. I Dodson and Frank Hickox (the clerk by
asked them why they were armed? They gubernatorial appointment] were present with
told me that Dodson (sheriff of the county, the registrar during the whole of the registra-
by appointment of the Governor) had threat- tion. I should have stated that during the
ened to kill some of them, and burn the registration at Russellville (near the Arkansas
town. I asked them if they had any idea that river] when the registration commenced
he would kill any of them, or burn their town [there] one company of Dodson's militia went
down? They said they did; that he had al- down there for the purpose of protecting the
ready partially carried out one threat by kill. registrar. I was present in Russellville dur-
ing Hale and Tucker. I stayed with them ing the latter part of the first day's registra-
until abont ten o'clock at night. Their state- tion, and the citizens expressed a good deal of
ments were, that so long as Dodson and his dissatisfaction at the way it was being con-
men were in arms, they purposed to do the ducted. A good many of them who had al-
same, for the reason that they had applied to ways before (since reconstruction) been reg-
the Governor for protection and he had re- istered, were refused; the registrar assigning
fused it; and the only hope they had of no reasons whatever for so refusing.
saving their lives and property was by de- I was present during the whole of the
fending it themselves. If Gen. Upham would registration at Dover. I noticed that when
disband Dodson's militia, they were ready and citizens came in to register, on making appli-
willing to lay down their arms. All they cation to the registrar he would ask them, ‘if
wanted was peace in the county; and if any they had listed their property. If they said
of them were charged with any crime, they no, he would tell them to step inside, that
were willing to surrender themselves to Gen.
Mr. Frank Hickox would attend to them.'
Upham or myself. I then returned to Russell The registrar would then ask Dodson, “if they
ville and reported to Gen. Upham. On the were all right ?' Meaning by that, as I un-
next Sunday my detachment was moved up
derstood it, would they vote all right? If
to Dover, also Dodson, with his militia [un-
Dodson said no, when the man returned from
der cover of the supposed regulars] up to
inside' to register, the registrar would tell
within five miles of Dover, where they re- him that he could not register him. When
mained about two weeks. Then they were
I speak of Dodson, I mean E. W. Dodson,
also moved into Dover. His force was about who was then the sheriff of Pope county. A
two hundred and fifty men. The people all great many others were refused registration
along had expressed fears that if Dodson by him, the registrar, saying it was sufficient
came into the town of Dover he would burn for them to know that he would not register
*
the town. There was more trouble in the town them.
* * * *
on account of this militia than there had
Dodson's militia were at Dover during
been before. They broke into several stores
the whole time of the registration, and nearly
and smokehouses, robbed beehives, henroosts,
in full force all the time — about two hundred
etc. They were camped in the town about
and fifty men. Dodson was present in the
one month. Before they were disbanded reg-
room with the registrar all the time. He had
istration was concluded. He claimed to be
more to say and do about the registration than
there to protect the registrar. The registrar's
Martin himself. I don't know that there was
name was John Martin. I offered to protect a single man of the militia but was registered.
150
The Brooks and Baxter War: a History
I do not know how many were registered, but
almost every man voted that was registered.
Dodson's militia, with their arms, were in and
about the Courthouse where the registration
took place all the time of the registration.
They had one room of the Courthouse as a
guardhouse. There were some of them pres-
ent in the clerk's office where the registration
was had all the time during the registration
and during the sitting of the board of re
visers. The citizens that desired to register
had to pass through the militia to get to the
registrar. The registration continued in
Dover ten days; in Russellville six days.
That was the only registration had in the
county, and the only places. The county
judge, it was claimed, had divided the county
into two districts, the northern and southern
districts. There was no record ever made of
the order on the records of the county. [Grove
was afterwards appointed county clerk]. He
told me it was so divided for registration pur
poses only, and that the intention was to have
the voting done at the various precincts in
the county. But there was no election held
at any other places than Dover and Russell
ville.
*
* *
A day or two before the election, reports
came into Russellville, that the militia were
again collecting, and that they were going to
come to the polls armed. On the day before
the election Dodson came into Russellville
and swore that he would have enough armed
men in there next day to run the election as
he damned pleased. He also said that he was
sheriff of the county and that he proposed to
conduct that election. There were armed
men about the county. On the morning of
the election Dodson's men came into Russell-
ville, in companies, in military order, fully
armed. [Witness states how he disarmed
them].
Dodson's militia were around the polls all
day. I should think there were some one
hundred and thirty or forty. They were
crowded around the polls all the time, and
any person coming up to vote had to pass
through them. I myself was about the polls
all day. My force was in the town, but none
of them were permitted to go near the polls
armed. We were there for the purpose of
protecting the citizens in their right to vote.
During the counting of the votes, the day
after the election, I noticed Captain Herriott,
one of the judges of the election, who took
the ballots out of the ballot-box and put them
into a hat-box, which he held between his
knees. He would then take the ballot from
the hat-box, and unfold the ballot and pass the
same to Mr. Walker, another of the judges,
who then read it off, and passed it back to
Captain Herriott. Herriott would then drop
the ballot into a basket which sat upon the
floor, between his feet. Sometimes, instead of
dropping the ticket into the basket, he would
drop it back into the hat-box [to be counted
the second time]. This hat-box had the bot-
tom torn in such a way that by pressing upon
it a little, a person could thrust his hand
through. During the counting, Captain Her-
riott would pick out the Baxter tickets, which
could be easily told from the Brooks tickets,
by being on different paper, and keep pressing
some of the tickets down, when they would
fall through into the basket. The bottom of
the hat-box was so torn that he could press
the parts of the bottom apart, and pass his
hand through, which he did occasionally, and
when he did so, he took tickets out of the
basket. They counted two nights and one
day.
A few extracts from depositions
of witnesses, residing in different
localities, will sufficently expose
the trick of “registration :”.
John R. Lofton, of Jackson county, sworn
and examined by the Poland committee, stated,
p. 280. What do you think about registration
of the Reconstruction Period in Arkansps.
151
in your county? A. I know that registration
was conducted in such a manner as to prevent
a good many Conservative voters from reg-
s from reg
istering; as nearly as I can judge, there must
have been at least five or six hundred legal
voters prevented from registering.
Jordan E. Cravens, sworn and examined.
I reside in Johnson county. p. 282. The
vote of the county would have stood, at the
election in 1872, about 1,000 for the Reform
ticket and about 200 for the Republican or
Minstrel ticket, as it was known. There were
from 300 to 700 each day standing around,
seeking to register, but the registrars got
through with only about one hundred in three
days.
James Coffin, p. 385, sworn, states, I re-
side in Lawrence county. When the registra-
tion in my county was completed there were
only 207 names in the book, although the
personal tax list of the county for the year
showed something like 1,017 voters. At the
election in 1872, acting under the construction
placed upon the enforcement act of Congress,
all voters who had been deprived of their
franchise, except those 207, voted at side-
polls.
The “side-polls" were employ-
ed as the despairing make-shift of
the Reform Republican Commit-
tee to resist the arbitrary methods
(which had returned to plague the
inventor) of Joseph Brooks. The
act of Congress, of May 31, 1870,
authorizing a commissioner of
election, and in towns of 20.000
inhabitants a supervisor or super-
visors. The act provides that when
a law of a State or Territory, re-
quires anything to be done by the
citizen, as a prerequisite to vote,
the offer of the citizen to perform
the act, he being prevented, shall
be deemed and held a performance
the citizen being otherwise
qualified, shall be entitled to vote,
was construed to mean, shall have
his vote counted. But as Mr.
Brooks would say, “under orders
Irom these neadquarters, 11
from these headquarters," it “ did
a
not pan out.”
The depositions of a great num-
ber of witnesses, p. 37 et seq., who
voted at the side-polls, after be-
ing refused by the election officers
in Sebastian county (Fort Smith).
are in the following form:
E. H. Devany, being duly sworn, says: I
reside at Fort Smith, Upper township, See
bastian county. I registered as a voter in said
township, in 1872. I offered to vote at the
polls of said township, on the 5th of Novem-
ber, 1872, and was refused. I made the affi-
davit required by the enforcement act, and
again offered to vote, and was refused. I then
voted at the side-polls. I voted for Joseph
Brooks, for Governor. The ballot I cast at
the side-polls was the same I offered to vote
at the regular polls.
J. P. Kilgour, sworn, stated, p. 36: I re-
side in Crawford county. I was present at
the polls in Van Buren, in said county, at an
election held November 5, 1872, for State and
county officers. At noon the polls were closed
to allow the election officers to get dinner, in
a room in the second-story. A ballot-box had
been prepared, containing just the number of
votes that were in the ballot-box used by the
judges and clerks of election. The judges
took the ballot-box up-stairs. At the head of
the stairs, the regular ballot-box was changed
for the one that had been stuffed. This was
all done in my presence. Nearly all the
ballots cast in the forenoon were cast by
friends of Joseph Brooks. The friends of
Baxter refrained from voting until the after-
152
The Brooks and Baxter War: a History
the
noon All the ballots in the substituted box
were for Elisha Baxter, for Governor. They
were the ballots counted by the judges (as
cast] when the polls closed at night.
Joseph Spears, sworn, stated, p. 100:
About the ist of October, 1872, as a member
of the State Guards, I went to Pope county.
On election day, Dodson's militia came to
Russellville armed - from one hundred and
fifty to two hundred of them. Then states
how Lieut. Grove, his commanding officer, in-
duced them to place their arms in a room he
provided for them]. While I was standing
around the polls, I saw a great many of Dod-
son's men vote. I was at both polls during
the day (the regular and side-poll). Lieut.
Fowler of the Guard, on going to supper, told
me to go and see where the ballot-box was.
He told me he wanted me to find the box and
keep my eyes on it, and see that it was not
disturbed, I went to the house indicated. I
pushed the door of a back room open, and as
I stepped in saw an officer of the election,
Captain Herriott, with his hands in the hallot-
box. I know it was Herriott, for I saw him
after he was killed. The man that led me
into the room, was a one-eyed man, but I did
not know his name. I know it was the ballot-
box, for I had seen the box during the day
when the officers of the election were putting
ballots into it.
All the witnesses testfied that
the negroes all voted the green-
back, or Baxter ticket. They saw
no colored voter cast the white
ballot, or Brooks ticket.
These are specimens of the man-
ner of holding the “elections,"
shown to the Poland committee,
occupying several hundred closely
printed pages. On the 18th
November, the Reform Central
Campaign Committee issued their
announcement, that despite frauds.
force, etc., by election officers,
the entire State ticket. headed by
Hon. Joseph Brooks, had been
triumphantly elected. On Novem-
ber 27th, their organ, The State
Journal, published a table of “cor-
rected returns of the election,"
claiming that the vote for Brooks
and his ticket footed up a total of
15,390. It conceded to the Bax-
ter, or Minstrel ticket, a doubtful
total of 13,267.
On the same day a mass-meet-
ing of the Reform party was held
at Little Rock, and adopted the
following resolutions :
WHEREAS, The party in power in this State
has in the last election, committed the most
flagrant and shameless frauds ever perpetrated
in any country, and are yet perpetrating frauds
in the forging and manipulating of returns
and certificates of election, and
WHEREAS, Notwithstanding these frauds, the
Reform State ticket, and a majority of both
branches of the Legislature have been tri-
umphantly elected, therefore, be it,
Resolved, I.. That we congratulate the
people of the State, etc.
Resolved, 2. That in order to consolidate
the Reform party, and increase its usefulness,
it is deemed advisable to call a State Con-
vention of said party early in January, to
which end the President of this meeting is
directed to appoint a committee of seven to
issue the appropriate call, and take such other
steps as may be deemed necessary in reference
thereto.
Resolved, 3. That all delegates to said con-
vention be requested to collect and bring up
all evidences of fraud in the late election in
their respective townships and counties.
of the Reconstruction Period in Arkansas.
153
Its president appointed as such respective counties fairly and fully represented
committee: Maj. John S. Duffie, The committee respectfully suggest that con-
Col. W. A. Crawford. Col. L C. ventions in the different counties be held on
Gause. Hon. B. E. Rice Hon. E. or before the 21st December, 1872.
A. Fulton, Gen. James F. Fagan
JOHN S. DUFFIE,
J. F. FAGAN,
and Col. S. W. Williams.
B. F. Rice,
The Reform party believed that
E. A. FULTON.
Brooks was elected, with their en-
tire ticket, by a very large majority.
W. A. Crawford, L. C. Gause
Under the enforcement act of Con- and S. W. Williams, of the com-
gress, they claimed the votes of mittee, did not sign the call. It
fered and rejected at the official will be seen that fifteen per cent
polls, together with those that were of all the voters of the State, not
counted, authorized them to in acting with the Republican party,
stall their officers. It was stated
were invited to the Capital. Most
that they proposed to
roposed to install
install
of them had served in one or other
Brooks as Governor, in the State of the armies in the civil war.
House, unless forcibly prevented. Col. W. M. Fishback headed a
In that case, they would organize large party from Sebastin county,
a State government in some other and walked twenty miles before
place at the Capital.
getting transportation to the Capi-
Reciting the foregoing resolu- tal, to install Brooks, he said, as
tions, the committee, on the 21st
Governor, on the day fixed by
December, 1872, issued a call for
law. The Colonel had accepted
a convention of the Reform party
the command of a regiment during
to meet at Little Rock, on the 4th
the war of Arkansas Federals, but
day of January, 1873. The call
beyond wearing the eagles on his
contained the following rule as to
shoulders a few days, did not enter
representation :
the actual service. He had been
Each county shall be entitled to one vote
preferred for other than military
in the convention for every one hundred votes
duties and was a candidate for
cast in the county, in the late election for the various civil offices. There was
candidates of the Reform party and for every great excitement all up the Ark-
fraction of one hundred, fifty or over, and one ansas River, and an unusual move-
vote for every one hundred persons unlawfully ment of citizens in the direction
disfranchised, and fraction of fifty or over. of the Capital.
The counties can send as many delegates as
The convention met in O'Hara's
they see proper and all will have a voice in
the convention.
Hall, passed resolutions and issued
The committee urge upon the friends of
an address. The public proceed-
the reform movement to hold mass county ings gave the impression that
cɔnventions for the purpose of having their practical steps of vital importance
11
154
The Brooks and Baxter War: a History
were soon to be taken. But the nesses before the Poland com-
appearance of Federal troops at mittee:
the arsenal, and many indications
John McClure, a witness before the Poland
that the Minstrels would be sus-
committee stated in answer to questions by
tained by the central power, caused
Mr. Wilshire, p. 214 of the report of that
the most zealous to postpone any committee:
immediate action that may have Q. With reference to the apprehended
been meditated.
danger of a separate government being estab-
In the meantime the National lished here (Little Rock), by the organization
candidate of the Liberal Republic of another Legislature, outside of the State
can party had died on the Hudson House, or in the State House, state if you
river. His death being hastened
know, whether Mr. Hadley, the then acting
by exposure in the campaign and
Governor of the State, was not apprehensive
disappointment. He had been in
of some danger? A. I think he was.
Q. Do you know that he made an arrange-
earnest. He desired the accomp-
ment with the proper authorities at Washing-
lishment of greater ends than per-
ton to have a regiment of United States sol-
sonal preferment. His last words
diers come here in order to preserve the peace
were: “It is done;” and it was. at the installation of the new government?
The restoration of the Union soon A. I do not know.
followed. He not only clasped Q. State what you know about it? A.
hands across the chasm, but leaped My impression is, that some representation
into it.
was made to the President that there was
The coolness with which the
likely to be difficulty here. Who made it-
“Minstrels' treated these demon-
whether it was made by Gov. Hadley, or
through other influences, I do not know. I
strations seemed ominous of their
only know that a regiment of United States
determination to hold the offices.
soldiers came here about that time.
It was plain that the Reformers
the Ketormers By Mr. Ward. Do you know whether
would like to proceed to take pos-
the troops which were stationed at the door of
silent man at the Federal Capital, troops? A. They were State troops, known
who had sent a regiment to “have as the Governor's Guard. They were uni-
peace," and who represented the formed they had Zouave jackets.
Republican party of the “Nation.” D. P. Upham sworn and examined by Mr.
The Greeley movement which Rice, p. 291. Q. Were you in command of
Brooks espoused had been pro-
the militia of this State at the time of the as-
jected “to beat him.”
sembling of the Legislature on the 6th Jan-
The Minstrels quietly took steps
uary, 1873? A. I was.
Q. State whether the State House was under
to prevent any violent demonstra-
your charge as commander of the militia at that
tions. These precautions are de-
time, and for a few days previous to the as-
scribed in the testimony (given sembling of the Legislature; how and whose
afterwards) of the following wit- instance did you take charge? A. Yes. Un-
of the Reconstruction Period in Arkansas.
155
der a special order from the Governor, Mr.
Hadley. I have a copy of the order here.
[Special Order, No. 144].
ADJUTANT GENERAL'S OFFICE,
LITTLE ROCK, Dec. 29, 1872
Major General D. P. Upham is hereby
ordered to furnish a sufficient force of State
troops to duly protect and preserve the Capitol
building of this State. General Upham will
confer and act in conjunction with the Hon.
James M. Johnson, Secretary of State and
custodian of public buildings.
By order of the Commander-in-Chief.
KEYES DANFORTH,
Adjutant General.
Q. Did you consult with Mr. Johnson? A.
Yes. I reported to him, at once, on receiv.
ing the order. Q. Was there a military force
placed there? A. Yes. Q. What were the
instructions of Johnson in relation to the mate
ter? A. I think he gave me an idea of what
he thought was necessary to protect the build-
ing by making an explanation of what he
feared might take place. There had been a
State Convention called at the House of
Representatives by the Conservative party, I
believe. I do not recollect exactly whether
that convention was to assemble on the Fri-
day or the Saturday before the meeting of the
Legislature. It was thought they proposed to
get possession of the hall and hold it if they
wanted to.
Q. On what day did you take charge of
the Capitol with the militia ? A. On the same
day that I got the order—the 29th December,
1872. Q. Did you hold it from that time
until the Legislature assembled ? A. Yes.
Q. Was the State militia in possession at
12 o'clock, when the members of the Legisla
ture assembled ? A. I think there were some
of them there about that time. I placed a
door-keeper at the door of each hall, after the
members commenced to come.
Q. Under order from whom did you place
the door-keepers ? A. By no one's. I did not
think the bayonets of the State militia looked
very well to be stationed at the door as mem-
bers were coming in, and I withdrew them, and
put a door-keeper at each door.
Q. You had soldiers about there, on hand ?
A. Yes, there were plenty of them within the
bunding.
Q. What direction did the Secretary give
you about permitting men to pass into the halls,
and what were your directions to the door-
keepers ? A. I think his instructions were
only to allow those persons to enter who had
the tickets which he issued.
Q. Did the door-keepers observe that rule
as far as you know? Yes. I was present my-
self.
. After the Legislature met and organized,
what did you do with the militia ? A. They
were all withdrawn from there before the
organization.
Q. But they were about the building ? A.
Yes. They were in the armory.
Q. How many soldiers were there in and
around the State House grounds at the time
the Legislature assembled ? A. About
twenty-five I should say.
Q. Were there any other soldiers on hand
at any other place in the city? A. No, sir.
Q. Was a whole company out, or picked
men from a company? A. Picked men from
a company.
By Mr. Howard. Q. From whom did the
Governor, or the Secretary of State, or those
from whom you got your orders, anticipate
trouble? Was it not from Brooks and his ,
friends ? A. I do not know who else it could
have been.
On the 31st December, 1872,
Judge William M. Harrison, former
Associate Justice of the Supreme
Court, who had been a candidate
156
The Brooks and Baxter War: a History
for re-election, on the Brooks altering, obliterating, defacing or destroying
ticket, filed his bill in the United any of said election returns or memoranda of
States Court, at Little Rock, set-
the same, until further order of the court, and
ting out such candidacy, and that
be required to bring into court all the original
ballots cast in said election; and during the
Bearden, Searle and Stephenson,
were severally candidates for the
pendency of these proceedings that James M.
Johnson be compelled, by the order and
like office, and that acting Gov.
mandamus of the court to grant plaintiff
Hadley and James M. Johnson,
access to all official papers in his office, apper-
Secretary of State, had confeder- taining to said election, and for all further and
ated to use their power to defeat proper relief. Complainant's solicitors were
him in violation of the election A. H. Garland, U. M. Rose, M. L. Rice, M.
laws and, in short, caused him to W. Benjamin, Gallagher and Newton.
be counted out, by depriving citi. Upon his bill thus presented is
zens of the right to vote, among made the following indorsement:
whom were persons so deprived
Temporary restraining order prayed for
on account of race and color and in this bill is refused. The motion for in-
former condition of servitude, con-
junction pendente lite will be heard by the
trary to the act of Congress, ap- Judge at Chambers, on Monday next, at 10
proved May 31, 1870, filling many o'clock, A. M., upon complainants giving to
pages with its charges and aver- respondents four days' notice of the hearing,
ments. It concluded with the accompanied by one copy of the bill.
prayer:
HENRY C. CALDWELL,
Dec. 24, 1872.
District Judge.
That defendants severally answer the
While Judge Harrison submit-
premises, and bring into court and file the lists
ted himself to the law's delays,
in their possession, together with all returns,
etc., copies of all instructions to registrars,
the more practical and speedy so-
county clerks and election judges; that said
lution of the questions involved,
Tames M. Johnson be required to send mess- if there were any questions, was
engers to procure returns from counties that adopted by the energetic measures
and the supervisors heretofore appointed by
the court be required to make returns of said
general election to this court. That said M.
L. Stephenson be enjoined from exercising
cising
the duties of Associate Justice of said Supreme
Court of Arkansas, until the further order of
the court, and that E. J: Searle be enjoined
from exercising the duties of Associate Justice
of said court after the expiration of the term
unde
and that Ozra O. Hadley and James M.
Johnson, be enjoined from in any manner
by McClure and Upham above.
A prophetic quiet characterized
the action of the State House
party during these feverish dem-
onstrations of their opponents.
They were by no means asleep, as
the testimony above reported goes
to show. They were using all
necessary precaution to have their
ticket counted in, when the two
houses of the General Assembly
hy
of the Reconstruction Period in Arkansas.
157
should meet to declare the result Q. Were you here when the returns from
of the election as to the officers. the different counties were coming in? A.
The Constitution made it the duty
Yes, I was here at the time when all the re-
of the joint session to announce
turns were coming in. Some of the returns I
saw, and I had a statement of the returns
the persons elected, according to
every day, either from Mr. Johnson, Secretary
law. They had the State armory
of State, or Mr. Baxter, or some other one of
and militia. They had not only
the leading members of the party; generally
the leading members of the ne
the sympathies of the federal ad- from Mr. Johnson, who was in my room every
ministration, but Governor Hadley day.
had gone to Washington and pro O. About the time the returns were coming
cured an order of the War De- in, was Mr. Baxter here? A. He was. He
partment, granting a regiment of occupied the second room from mine in the
United States soldiers in Little hotel.
Rock, at the Arsenal grounds, for Q. You and he were together very fre-
the undisguised purpose of “pres- quently? A. Not a day passed that he was
erving the public peace.” We not in my room or I in his.
know what preserving peace Q. You were also very intimate with Sec-
means, under arbitrary power. retary Johnson ? A. Yes, I had a room in
“ Order reigns in Warsaw," is the the hotel which was a common place of meet-
announcement of the victorious ing for all the politicians in the city. They
despot.
came there every night-the Baxter politicians
and some of the Bourbon Democrats. I oc-
Before the curtain falls upon the
cupied room No. 49, and Mr. Baxter room
comedy let us look behind the
No. 50. .
scenes a moment into the Minstrel
Q. When the returns came in did you
camp, through the testimony of
make any estimates of the results as they came
the veracious Col. E. Nat Hill, in? A. These estimates were made every day
who explains some mysteries of as the returns came in. Each county was put
the burletta. In his answers be- down on the lists we had, and the returns from
fore the Poland committe, July each county were added to the list, and calcu-
27, 1874, he gave the following lations were made as to how the vote stood.
testimony. He is as good as a Q. Did they finally get all the counties, so
chorus." Questioned by Mr. Rice,
as to ascertain the vote before the meeting of
the Legislature ? A. There were some counties
p. 241:
from which no official returns ever came. Re-
Q. Did you participate to any extent in the
ports, but no official returns, came from the
election in this State in 1872 ? A. I was said counties of Scott, Green, Poinsett and John-
to have taken a tolerably prominent part in it. son. 'We added these to the lists, but not to
Q. What was your political position in that be counted, simply to show how the whole
election? A. I was a Democrat, but refused matter stood. These reports were published
to accept the nomination of Mr. Greeley and in the newspapers here.
Mr. Brooks as the Democratic candidates, and Q. In what newspapers ? A. In the Journ-
I canvassed against both of them.
al; that was Brooks' organ in the canvass.
158
The Brooks and Baxter War: a History
Q . Was there any squabble about the bill?
A. Yes. Baxter called me into his room and
handed me an election bill which he said was
an infamous one. I told him of the railroad
bill. He was very much opposed to it. * * *
By Mr. Wilshire. Q. Whom did you
favor for Governor in the election of 1872 ?
A. I preferred Mr. Baxter to Mr. Brooks.
Q. Did you and Baxter and Johnson, at any
time after the returns were all in, get the re-
turns all together and foot them up and ascer-
tain that Baxter was not elected? A. I think
we did.
Q. State when and where that was, and
what the result of that footing was ? A. The
result of the footing was, according to my re-
collection, that Mr. Brooks was elected by
about seven hundred votes, counting no side-
polls, and leaving off Scott, Green and Poinsett
counties.
Q. Have you a copy of that paper? A. I
have [produces the table referred to already
in the text], thus giving a majority for Brooks
of 2,123, after having been doctored by their
commissioners, Asa Hodges, McDonald, Wil-
shire, Montgomery and others.
Q. How does it foot up ? A. It foots up
majorities for Brooks, 15,390; majorities for
Baxter, 13,267.
Q. Counting all the counties, did it come
out as it does here? A. Nearly.
Q. What parties went, so far as you know?
A. Mr. Wilshire went up in his district; Mr.
McDonald went to Fort Smith, although I
understood his business was to see. Judge
Storey; Mr. Hodges went to his district; Mr.
Montgomery to the northeastern part of the
State, it was said.
Q. What counties were thrown out in order
to allow Mr. Baxter to be elected ? A. Sev-
eral townships in Van Buren county; I be-
lieve all of Johnson and Conway, except one
or two precincts. Green, Poinsett and Scott
were entirely thrown out.
Q. After “doctoring” the returns, it re-
quired all these counties to be thrown out in
order to get Baxter ahead? A. I believe it did.
Q. After the Legislature was organized
there was a bill introduced known as the “rail-
road steal bill.” Do you know anything about
that? A. I know when and how the bill was
introduced.
Q. Can you state briefly the effect of the
provisions of that bill? A. Yes; the State had
loaned its bonds to certain railroads to the
amount of between eleven and twelve millions.
There had been issued over five millions. It
was a bill to release the railroads from any
liability for those bonds, with the understand-
ing that no further issue of bonds should be
made. That was the consideration for the
State releasing the railroads - that they would
not call for any more bonds. For my part, I
think the railroads are not liable on the bonds.
mony is pertinent at this stage. J.
M. Johnson, the Secretary of State,
was interrogated as to this point,
professing to be friendly also to
Baxter, and siding with him in
subsequent conflicts. The witness
was questioned by Gov. Baxter:
Q. If you ever made an exhibit of any-
thing appertaining to the election returns to
me in presence of Nat. Hill, or any other per-
son, state when it was. A.. On one occasion,
just after you came to the hotel, I told the
clerks to take down the sum total of the
election, as for instance that Baxter received
so and so; Brooks so and so; Johnson so and
so; Fulton so and so, all the way down. I
did not go to the office to look at it myself. It
was just on a piece of paper. I went into
your room. My recollection is that Judge
McClure was sitting in your room. I do not
recollect Nat Hill being there at all. I said to
you, 'I reckon you want to see how the thing
stands. This is substantially the way the boys
of the Reconstruction Period in Arkansas.
159
tell me it is.' I stated that I had not added
up the columns myself, but they had hastily
done so; that it was substantially correct. I
do not know whether you or Judge McClure
took hold of the paper first, but my recole
lection is that both of you looked at it.
Q. Did you make any other or further
exhibit of the condition of the vote to me?
A. I have no recollection of it.
Q. State which of your clerks made out
that statement? A. I do not recollect that.
They were both in there. I think it was Mr.
Curry who made it up, but I am not positive.
Perhaps the most “willing”
witness to his own participation in
the racy proceedings of this “elec-
tion” and subsequent organization
of the Legislature to decide the
official general result, was Judge
W. J. Warwick, questioned by Mr.
Rice, p. 237. So much of his
So much of his
testimony as will illuminate these
transactions is given here. The
selection of parts of the testimony
of witnesses is not for “garbling"
their statements. That only is
given which bears upon the point
of present interest. Inadmissible
statements, as to mere surmises
and opinions of a witness, or vague
rumors are omitted, not being evi-
dence in any tribunal.
Q. Where do you reside, etc.? A. I re-
side in Little Rock. I am at present Judge of
the Chancery Court of Pulaski county.
Q. Were you elected to the Legislature of
1872?. A. I was.
Q. Did you sit as a member of the Legis-
lature which organized on the first Monday in
January, 1873? A. I did, in the lower house.
Q. What precincts were you at on the day
of election? A. I was in the city of Little
Rock, and about all the precincts.
Q. Do you know about one of the judges
having his poll-books a little mixed up? A.
At the request of Mr. Fitch (registrar for
Pulaski county) I went into the Circuit Court
room, and found the poll-books and the bal-
lots and the judge himself very considerably
muddled. He asked me to straighten the
thing out for him. I looked over the muddle
and left the room in disgust, giving him no ad-
vice at all. [The witness himself was addicted
to getting very considerably muddled'].
R. And you actually left the room in dis-
gust at the condition in which you found
Saxton's papers and himself ? A. Yes. I
think it was the second day after the election.
Q. You ran on the Baxter ticket, did you
not? A. Yes, or Baxter ran on my ticket -
I don't know which.
Q. Was Saxton very drunk? A. Yes, sir.
Q. He had the papers out there? A. Yes.
Ö. What do you know of his having
changed the ballots, or anything on that sub-
ject? A. He told me he had changed them,
and that he could not make them correspond.
Q. How did he say he had changed them?
A. He was one of our fellows, and I suppose
he had changed them from Brooks to Baxter.
He had the ballots out in two or three different
piles — greenback tickets and white tickets,
or one kind and another, and he was trying to
make them correspond with his returns.
Q. What kind of ballots were they? A.
He had all kinds of ballots up there— green
tickets and white tickets.. My recollection is,
that he was at a loss how to fix it up so as to
give the Bourbons enough votes for a Rep-
resentative.
Q. Was not Saxton at one time the private
secetary, or acting as such for Governor Clay-
ton, when he was Governor, and afterwards for
Governor Hadley, who succeeded Governor
Clayton ? A. I cannot say. I know that he
was in the office of both of them, but whether
he was private secretary or not, I am not
able to state.
160
The Brooks and Baxter War: a History
Q. Do not this and White county vote to
gether in the same district? A. Yes, sir.
Q. And did not Brooks carry these two
counties largely? A. Brooks carried this
(Pulaski) county by a small majority — 180, as
far as returns show. He carried White county
hy
by a thousand or fifteen hundred votes.
Q. Then the district went for Brooks ?
A. Yes, by 1,600 or 1,800 majority.
Q. With the two tickets for the Legislature
- your ticket and the Reform ticket, would
not your ticket have been beaten? A. I sup-
pose there is no doubt about it. In that rep-
resentative district, out of six members elected
to the lower house, two Bourbon candidates
were elected, and four on our ticket were
elected.
Q. Was there any chance for the Bourbon
ticket to be elected ? A. I never thought
there was.
Q. Did they make the canvass as if they
thought they would be elected ? A. House,
of White county, made the canvass as if he
thought he would be elected. I was laughing
in my sleeve at the simplicity of the young man.
Q. Was not John M. Harrell a candidate
for the Legislature on the Bourbon ticket? A.
He was. He did not claim to be a Republi-
can ? A. No, sir, he was a Democrat.
Q. (By Wilshire). Do you know any ar-
rangement between Mr. Harrell and any mem-
ber of the party on whose ticket you were a
candidate ? A. I do not.
Q. (By Rice). You were a tolerably active
man in the Legislature ? A. As active as my
constitution admits of.
Q. Some of the witnesses spoke of a'resolu-
tion (of Furbush), on the subject of contested
elections. Were there many Brooks men who
contested seats there? A. My recollection
is that about one-half of the seats in the
lower house were contested.
Q. The contestants were mostly Brooks
men? A. Mostly. There were some Re-
publican contestants.
Q. Most of the Republicans got on John-
son's roll? A. Yes, sir.
. And a good many Brooks men who
claimed to have been elected were left off the
roll, and contested their seats? A. Yes.
Q. It has been stated that there was an un-
derstanding at the commencement that no
member was to be unseated. What do you
know about such an arrangement? A. I can-
not say that there ever was a positive arrange-
ment to that effect. When the lower house was
organized, we (I mean the Republicans), had
an active working majority in it. There were a
number of Democrats whose seats were con-
tested, and a number of Republicans whose
seats were contested. Mr. Tankersley's dsitrict
was contested, and so was Mr. Sarber's; and so
was Mr. Turner's, A large number of the con-
testants for seats, if investigated would have
been against Republicans.
Q. The contests would have succeeded ?
A. That I cannot say.
Q. But if they had succeeded, it would
have been against the Republicans ? A. Yes.
There was no agreement, but there was a
quasi understanding between Mr. Tankers-
ley, Mr. Sarber and myself at the beginning
(perhaps at my own suggestion) that if all
these seats were contested, it would take up
one-half of the time of the Legislature to de-
termine them, and might perhaps develop some
things which we did not care to have developed
at that time. But my own reason for it, was
that these contests would take up one-half or
two-thirds of the time of the Legislature
There was a quasi understanding that we
would do all we could to prevent any change
being made in the complexion of the house,
whether by Republicans or Democrats.
Q. You, Sarber and Tankersley were all
Republicans? A. Yes.
Q. And the majority of the house were
Republicians ? A. Yes. The seat of Mr.
Sumpter, a Democrat, from Hot Springs
of the Reconstruction Period in Arkansas.
161
preside. dent of theses, or
county was contested, and I think we gave struction and declaring the result.
him to understand at the beginning that heThis was exclusive of any other
need not have any apprehension, as we did
power or tribunal-Art. vi. Sec. 9.
not propose to have any changes made in the
All contested elections for Gov-
organization of the house.
ernor were required to be decided
Q. That house was organized on the list
by joint vote of both houses, over
furnished by the Secretary of State? A. Yes.
which the President of the Senate
Q. The members went in under passes ? should preside. The contestant
A. I believe we all had passes.
was required to present a petition
Q. Nobody else was allowed in at the to the General Assembly, stating
preliminary organization ? A. No, sir.
the grounds of his contest and
Q. And afterwards you and Tankersley and praying for leave to introduce
Sarber had a quasi understanding that no proof. Thereupon, if leave should
contests would be allowed to succeed and no be granted by a majority of the
changes would take place in the body? A. I whole vote of both houses, a joint-
think we had that understanding before we
committee was required to be ap-
went in.
pointed to take testimony on be-
Q. That you would go on the roll and no half of each party to the contest,
changes of members should be made ? A.
with power to send for witnesses
Yes, sir.
and authorize, by warrants issued
Q. And you gave Sumpter to understand to justices of the peace, to take
that that was the fact? A. My recollection
depositions of witnesses, at a time
is that Sumpter was given to understand that
and place in the warrant specified,
that would be the case.
on reasonable notice to the op-
Q. When the resolution to that effect was
posing party. The committee was
adopted afterwards was it not voted for by
required to report the facts to the
Republicans and Democrats almost unani-
two houses, which in joint session
mously? A. My recollection is that there
was no dissenting vote.
were authorized to decide the con-
Q. The understanding was made before
test by a vote upon call of the
you organized? A. Yes.
yeas and nays, to be taken and
entered upon the journal of each
The General Assembly was re- house.
quired to meet every two years, It remained to be seen whether
on the first Monday in January, upon the returns presented the
To it was committed by the Con General Assembly would be gov-
stitution the duty of opening and erned by the law, their oaths and
publishing the returns of the elec- duty to the people, or boldly vio-
tion for Governor, Lieutenant Gov- late and defy them in the determi-
ernor, Secretary of State, Treas- nation to exercise their arbitrary
urer, Auditor, Attorney General will and for their own personal
and Superintendent of Public In- ends.
162
The Brooks and Baxter War: a History
197
I CILJ 11. Judy ......
.
.
..
.
.
..
..
I
NOTE- The Democratic Convention, after
Governor.
the proceedings above had June 5, 1872, *Toseph Brooks .......
oseph Brooks .......................721
agreed to a committee, of which Judge +Elisha Baxter
............ 202
Thomas B. Hanley, of Phillips, was chair-
man, to confer with a like committee of
Lieutenant Governor.
“Brindles” for reforming the State ticket, *Daniel J. Smith
jo min ...................... 728
with which there was great dissatisfaction on fV. V. Smith ......
.......... 197
part of Democrats.
Secretary of State.
The committee of this conference met not
*Edward A. Fulton .....................697
long after the adjournment of the convention
#James M. Johnson....................
and agreed to the following substitutions of
candidates on the Brindle ticket of May 22d:
Auditor.
For Associate Justice of the Supreme Court, *James R. Berry
instead of John Whytock, substituted the Stephen Wheeler ........
name of John T. Bearden; for Attorney Gen-
Treasurer.
eral, instead of W. P. Grace, substituted Ben
T. DuVal; for Presidential electors at large,
*Thomas J. Hunt ..................... 729
instead of M. L. Rice and S. M. Barnes, sub-
f Henry Page.......................... 197
stituted R. C. Newton and J. E. Cravens; for
Attorney General.
District electors, instead of G. W. McLane, *Beniamin T. Duval.
*Benjamin T. Duval...................733
R. L. Archer, J. H. Demby and E. J. Brooks, +T. D. W. Yonley...... .... .......... 195
substituted J. H. Fleming, Poindexter Dunn,
George P. Smoote and Walter 0. Lattimore.. Superintendent Public Instruction.
The vote in the election of 1872, in Boone *Thomas Smith .........
............ 731
County, hereto appended, is a fair criterion of TJ. C. Corbin ..........................195
TJ. C. Corbin ...........
the vote in Northern Arkansas:
Judges Supreme Court.
OFFICIAL ELECTION RETURNS OF BOONE
*William M. Harrison...
COUNTY.
*John T. Bearden ......................732
+M. L. Stephenson .....
Presidential Electors.
†E. J. Searle ......................... 196
*Jordan E. Cravens .......... 717
*Robert C. Newton .....
. Superintendent Penitentiary.
*James H. Fleming..
*William L. Cook .....................718
*Poindexter Dunn ..........
+H. R. Robinson ......................193
*George P. Smoote ..................
Congressman at Large.
*Walter O. Lattimore
*William J. Hynes.....................737
+D. S. Griffin ............
+John M. Bradley ......................193
fW. W. Granger.........
IW. D. Padgett .................
........... I
.................208
†Thomas H. Barnes ......
Congressman Third District.
#W. H. Howes ..........
203 *Thomas M. Gunter ................... 746
† Arthur Hemmingway .................. 204
W. W. Wilshire ......................186
†L. G. Wheeler..
*Reform. Minstrel. [Independent.
.................
:
:
:
:
.....
........ 206
:
of the Reconstruction Period in Arkansas.
163
SEVENTH PAPER.
temporaneously with a commercial
“protection." We behold Ruth-
“Is there, among the grcedy band.
erford B. Hayes, upon accepting
Who've seized on power with harpy hand
the conditions of securing the Pres-
And patriot worth assume,
One on whom public trust can rest?
idency, lifting up his voice in la-
One fit to wear Elisha's vest
mentation for “the poor freed-
And cheer a people's gloom ?"
mnen.” We exterminate the In-
- George Canning.
dians, and slaughter the Chinese,
but piously cherish (for voting
The “ Minstrels” in possession purposes) the tariff-taxed negro-
of the State House and control of through hatred of his former mas-
the machinery of government, had ter, who resisted unconstitutional
no idea of vacating the one or re- legislation.
linquishing the other. Their The Reform County Convention
haughty confidence suggested the met in a private hall in the city.
conquering power of the central It appointed a large body of dele-
government. It was evident they gates to the State Convention
based reliance on the President which met, January the 5th, in the
and their ability to sway his action. same hall. The State Convention
They bade defiance to the num- organized temporaly but failed to
bers and representations of the induce the members elected to the
“Reformers." The negro mania legislature on the Brooks ticket to
of the North, so long depended unite with them in the formation
upon to sustain the power of Con- of a separate government. They
gress, had not abated a whit with realized that the object of the
time. Again it was appealed to, convention was completely frus-
upon the theory that an armed trated. Those who were elected
force in the rebellious States" was as Democrats to the Legislature,
required to protect the freedmen. after viewing the convention, ac-
Not in drunken orgie, but with cepted the passes of Secretary of
deep, religious fervor, they pro State, as we have seen, and recog-
claimed, like Parson Jones, in nized the Clayton-Hadley Legis-
Cable's “ Old Creole Days:" lature as the legitimate body.
“The tiger and the buffler shell lie The Reform Convention beheld
down together." It was the right this betrayal with unspeakable in-
eous thing to send a regiment of dignation. After two days in
U. S. Infantry to occupy, at that secret session, the convention
juncture, the United States Ar- adopted, as the result of its de-
senal, at Little Rock for the pro liberations, a resolution in open
tection of the freedmen. That session, “That it was impracti-
sentiment continued to exist, co cable to inaugurate Mr. Brooks
deep, d, like Pareole Da
164
The Brooks and Baxter War: a History
Fishback,* from the same place, mittee," of which James L. With-
as Governor, at the present time." erspoon was made the chairman.
Mr. James Brizzolara, of Fort This committee was created and
Smith, an impulsive son of Italy, vested with powers distinct from
advocated immediate installation, the Democratic State Central
“if he had to do it himself.” Mr. Committee. An analysis of the
Fishback said, "since blame must composition of the convention
be visited somewhere, in explana- will show that its members were
tion of insurmountable difficulties, not all Democrats. They were a
he attributed the defection “en- gathering somewhat like that
tirely to the course of the Little which went to David in the
Rock Gazette."
cave of Adullam. Its leaders were
The convention adjourned, after Joseph Brooks, militia champion;
appointing a "State Central Com- R. F. Catterson, the drum-head
general; B. F. Rice, Texan emi-
*[Col. Fishback, twenty years grée; his brother, the railroad at-
after the occurrences here men torney, and J. L. Hodges, peniten-
tioned, in a speech at the State tiary lèssee. It appointed a com-
House at Little Rock, in 1892, mittee “to prepare an address to.
when a candidate for Governor of the people," as was usual. It
the State, thus referred to his ad- adopted the fallowing resolution:
vocacy of Brooks:]
WHEREAS, Latta and Sumpter, of Hot
In 1872 we elected Joseph Brooks Gov- Springs; Cunningham, of Izard ; Wright, of
ernor, we Democrats, by about 25,000 major- Carroll; Matheny, of Fulton; Parrish, of
ity. We heard that the Republican party in- Desha ; Brown, of Prairie; Thrower, of Ouach-
tended to resist his instalment. A number of ita; Gilbreath, of Scott; Breidenthal, of
us in Fort Smith-I made my will-started to Washington; Pindall, of Chicot; McVeigh,
Little Rock and walked fifteen or twenty of Mississippi and Askew, of Columbia, re-
miles of the way, to install Brooks at the form members elected to the General Assem-
point of the bayonet if necessary. We heard bly, have disregarded the wishes of their con-
that Gen. Grant intended to interfere, and of stituents in joining with and organizing a
course we acquiesced.
“Minstrel” Legislature, and failing to par-
We had voted for Brooks, not because he
ticipate in the inauguration of Hon. Joseph.
was Joseph Brooks, but because he promised Brooks as Governor,
to relieve us from reconstruction and restore Be it Resolved, That they are hereby placed
power to the people. Subsequently we found upon the roll of infamy.
that Joseph Brooks was going to take up re-
construction where Powell Ctayton left it off,
Appended also were other reso-
and that Baxter was the man to release us of
lutions condemning “their actions
reconstruction. We would have been false to as disgraceful;” holding up the
our country if we had failed to sustain Bax- persons named “to public scorn,"
ter, as we did.
H. denouncing them as “ unworthy of
of the Reconstruction Period in Arkansas.
165
further association with the Re- spoon, J. S. Duffie, Granville Wil-
form Party," and requesting Re- cox, Wm. Glass, M. L. Rice and
form journals to publish the reso- W. M. Fishback.
lutions. And this was the “lame Mr. Fishback, in 1862, had ed-
and impotent conclusion.”
ited the “Unconditional Union," a
Mr. Jacob Frolich (who had newspaper, in Little Rock, op-
taken a trip to Canada to evade posed to the Southern movement
the pursuit of Clayton's milita, but and thenceforward acted with the
returned and was conducting his Republican party. But he now
paper, the Searcy Record), said of espoused the Greeley movement.
the convention, editorally: “It is He had too much political sagaci-
reported, and no doubt correctly, ty to lend himself to unqualified
that the Brindle Reform Conven- aspersion of citizens.
tion was the grandest failure of the A bill in chancery to decide a
season. Were all the money taken contest for the office of Governor
away from Wall Street, New York, of Louisiana was filed, at this
it could not look blanker than did time, in Judge Durrell's court,-
The Select Few's phizes on the day similar to Judge Harrison's suit
that the Democratic members of against Stephenson and Searle.
the Legislature refused to have any It contained the averment, which
thing to do with them, either in ac- Harrison's case did also, that per-
cepting their modus operandi, or sons otherwise qualified had been
political association. It shows deprived of their right to vote,
that the bone and sinew of the “by reason of race, color,” etc.
country does not relish brindle This averment, Judge Durrell
steak, even when well seasoned.” claimed, gave his court jurisdic-
The address prepared by the tion under the enforcement act of
committee of the Reform Conven- Congress. He granted an injunc-
tion was not published until the tion which excluded the “Re-
23d of January, but expressed the form” legislature of McEnery
more sober view of the committee from the hall they rented. He
by declaring that “the members was eventually sustained by Gen.
of the Legislature who, by grace of Grant, the President, who issued
Clayton, had been permitted to sit a proclamation and gave military
in the Legislature, had made a fatal orders to disperse the McEnery
mistake; but the committee would government and install that of
concede they were not prompted by Kellogg. This action proceeded
corrupt motives, but acted upon on the theory which inspired
what they believed to be their duty “Posson Jones's” wild “dictum,"
to their constituents." The ad- that “the buffler shell lie down
dress was signed by J. L. Wither with the tiger.” It was modified,
mmittee pied by Kellohe theory, Wild“ dictumw'r
ves, but acted puputy "Posson Jonestler shell lie de
166
The Brooks and Baxter War: a History
ears.
to be sure, so as to admit the ly- the 43d Congress, appointed to
ing down, on the part of the buf- investigate affairs in Arkansas.
falo, inside of the tiger, after being John M. Clayton (a brother of
swallowed. This remedy, which Powell Clayton), who was Presi-
was grounded on deprivation of dent of the Senate, and Benton
right, on account of race, was Turner, among the (recognized)
available by one party, but denied members of the House of Repre-
to the other. It could not be sentatives, testified before the Po-
pleaded by Brooks, who had no land Committee, Little Rock, Ark.,
negro following.
July 20, 1874.
The two houses of the General John M. Clayton, recalled, ex-
Assembly of Arkansas, as organ- amined by Mr. Rice (p. 193):
ized for the State-house ring, by O. Were you in the Senate when it was
James M. Johnson, met at the organized on the first Monday in January,
State House and proceeded to 1873? A. I was.
declare themselves ready for busi- 0. A portion of the Senators held over
ness on the 6th of January, 1873. from the previous session ? A. Yes.
At half past three o'clock in the
Q. One-half of the Senators are elected
afternoon, they met in joint ses-
sion in the Representatives' hall to years? A. Yes.
count the returns for Governor, al O. You were a new member at that time?
ready so carefully counted, but A. Yes.
supposed to be for the first time 0. Who organized the Senate? A. Sen-
laid before them by the President ator Beldin, of Hot Springs, a former mem-
of the Senate. He was required ber, called the Senate to order and nominated
by law to receive the returns and Senator Torrans for temporary chairman.
keep them until so counted. He Senator Torrans, being elected, read over the
received them from the Secretary list of new members as returned by the Sec-
of State; necessarily, it seems, retary of State. They were sworn. I was
elected President pro tem, and the other offi-
since the presiding officer of the
Senate had been only that day
cers were elected by the same vote.
chosen pro tem., until the per
Q. The former Secretary of the Senate
son elected Lieutenant Governor
did not organize that Senate ? A. No, sir;
Senator Beldin called it to order.
could be ascertained.
The manner of the organization Q. How was it ascertained who the new
of these bodies was dramatic, and
of these bodies was dramatic and members were ? A. Senator Torrans said
he found the list on the President's stand-
will be best described by wit-
placed there, I suppose, by the Secretary of
nesses who were present as mem-
State.
bers, and who afterwards testified
Q. And they were sworn in then? A.
to the facts of such organization That is my recollection. They were sworn
before the Poland Committee of by Judge Underwood.
of the Reconstruction Period in Arkansas.
167
A. Yes. That was done on the first day.
It was done before the vote for Lieutenant
Governor or other officers was counted. The
law requires that the vote for Governor shall
be counted in the presence of both houses. As
to the other executive officers, the vote is re-
quired to be counted only in the presence of
the Senate.
Q. State who received the largest vote as
declared by this convention-Mr. Baxter for
Governor, or V. V. Smith for Lieutenant Gov-
ernor? A. I do not recollect. My impres-
sion is that it was about the same. The re-
turns will show that.
Q. The two bodies in joint session deter-
mined only the vote for Governor? A. Only
the vote for Governor.
Q. How did the new Senators get into the
room? A. They walked in.
Q. Was there any pass required ? A.
Yes, I believe tickets were given us by, the
Secretary of State. I had forgotten that.
Q. Who distributed those passes ? A.
The Secretary of State, I believe.
Q. Were any other persons allowed in ex-
cept those who had passes ? A. I think not.
Q. You had the thing all to yourselves,
and went in and organized ? A. Yes.
Q. Did not Wishard contest his seat? A.
Yes; he contested the seat of Hanks.
Q. Was he not summarily ruled out, on
technical grounds, without the merits being
gone into ? A. Yes. He was ruled out on
the technical ground that he had not con-
formed to the statute and given the notice of
contest in time.
[Similar questions as to P. H. Wheat.]
O. Was the present Secretary of State the
Secretary of State previous to that election?
A. Yes.
O. Was he a candidate for Secretary of
State at that election ? A. He was.
Q. And was declared elected at that elec-
tion? A. He was. His name is James M.
Johnson.
Q. Were you at the House of Representa-
tives when it organized ? A. No, I was in
the Senate. Both houses organized at 12
o'clock.
Examined by Mr. Wilshire:
Q. How long did you act as president
pro tem.? A. I acted for one day only.
The Lieutenant Governor was sworn in and
took his seat on the night of the first day, V.
V. Smith.
Q. Were you not president pro tem. of
the Senate at the time of the counting
up and announcing the vote for Governor?
Benton · Turner, returned as:
member of the House from Con-
way County, was examined with
others as to the organization of
that body. Question by Mr.
Rice, after introducing in evidence
a section of the act of July, 1868.
“Sec. 54. It shall be the duty of
the Secretary of State, on the
first day of each regular session
of the General Assembly, to lay
before each house a list of the
members elected agreeably to the
returns in his office.”
VV
Q. Were you returned as member of the
Legislature in 1873, as supposed to have been
elected at the election in 1872 ? A. Yes.
Q. Did you sit in that body? A. Yes.
Q. Were you present when the House was
organized ? A. Yes.
Q. What military force had possession of
the hall of the House of Representatives then,
the city police or State militia ? A. I am
inclined to think there were some of both.
168
The Brooks and Baxter War: a History
'
Q. Are you sure there were some of the
State militia, and if so, under whom? A.
My understanding was that Col. Main had
charge of the squad of State militia. I never
talked to Col. Main in regard to it.
Q. Did you go in immediately when the
doors were opened ? A. Yes.
Q. How did you succeed in getting
through the armed men ? A. We had
passes.
Q. From whom? A. I am not positive
now who distributed the tickets. I do not
know whether they were handed me by
Cooper or Tankersly.
Q. Who first went into the House? A.
I think Tankersly and Sarber and myself.
Q. Who put Tankersly in nomination as
temporary chairman? A. I am not positive
whether it was Sarber or myself. It was one
or the other.
Q. How soon was that after you went in?
A. It was immediately on getting inside.
O. On your going down the aisle? A.
Yes; before we got to the chairman's stand.
Q. And whoever made the nomination
put the vote and declared it carried ? A.
Yes; the motion was put and carried and the
declaration made before Tankersly got to the
stand.
Q. He went to the stand in a good, fast
walk, did he not? A. Yes.
Q. What was done in the organization of
the House--how did it proceed? A. It pro-
ceeded in the regular way. A caucus had
agreed upon a full organization after the tem-
porary organization. We had a caucus pre
vious to going in, at 12 o'clock on the 6th of
January, and we had agreed upon our organi-
zation of the House, and then we proceeded
to organize in the regular way.
Q. Did the clerk of the prior House ap-
near and organize it? A. Yes; the clerk
of the House of Representatives in 1871.
His name was Richards.
Q. What did he do towards organizing?
. What did he do towar
A. He came in with the roll, framed by the
Secretary of State, I think.
Q. What was the prima facie case on
which you all acted in there ? A. The cer-
tificate of the Secretary of State.
Q. You mean the roll of the Secretary of
State ? A. Yes, sir.
Q. How many in that body were elected
on the ticket with Brooks ? A. My recol-
lection is that there were thirty-six. The en-
tire number of members was eighty-two.
There were thirty-six of them elected on the
ticket on which Brooks ran.
Q. Did they go in at the same time with
the rest of you? A. I think all of them went
in at the same time, with the exception of two
or three. I think two or three absented
themselves for a day or two. They were not
absent more than two or three days.
Q. Was there any talk here of organizing
a separate Legislature of men who claimed to
be elected on the Brooks ticket? A. That
was my understanding.
0. Where had they proposed to organize?
A. My understanding was they proposed to
set up an outside government. I never under-
stood that they themselves had arrived at a
definite, conclusion as to the place at which
they would open, whether at Fletcher &
Hotze's hall, or O'Hara's.
Q. By some means, that fell through ? A.
yes.
Q. After you organized, what action was
taken in regard to any question of contest-
to general action on the subject of any con-
test? A. After the House had been perma-
nently organized, committees were appointed.
I was on elections. There were several con-
tests presented for the consideration of the
committee. I think that perhaps one case
of the Reconstruction Period in Arkansas.
169
was disposed of. The report of the commit- and declared elected. Our friends were all
tee was based on the technical ground of right at the door, and were coming iinmediº
want of notice as required by our statutes. ately as fast as they could get in. Of course
There was then a resolution offered by some they could not all get in at the same moment.
member, declaring all members then sitting, As soon as we were inside the nomination
'members of the Legislature, and it was passed was made, and Tankersley proceeded right
almost unanimously by Democrats and Re- down the aisle.
publicans. I do not know whether such a res Q. Then there could not have been many
olution is on the journal or not.
members in besides you three, if you were the
Q. Such a resolution was offered, that the first to enter? A. By the time the thing was
members then sitting should be declared through, there were probably twenty members
members of the House ? A. Yes, and that or more in the hall.
there should be no further contests enter- Q. Was there a quorum present? A. I
tained. That was a resolution of the House. reckon that is questionable.
We had been discussing the Pindall matter, and O. You stated that there was a caucus-
all the contests came up on this want of notice.
of what party? A. It was the caucus of the
The committee came in and made a report,
Republican party.
on which there was considerable discussion.
During the discussion this resolution was
offered, I think by Mr. Furbush (colored mem-
Republican member of the House.
ber), and it was adopted almost unanimously.
The Election Committee never entertained
Q. A quorum of the House was present at
another contest, or had another meeting after that caucus ? A. Yes.
Q. This organization, which you speak of
O. Was Secretary Johnson a candidate for was made through an arrangement entered
Secretary of State at the election of 1872? into in caucus of a majority of the House?
A. He was.
A. Yes; the organization was made under
Q. He was elected, if elected at all, at the
the understanding adopted at that caucus.
same election with you? A. He was.
January 6th, the committee from
the House of Representatives, hav-
Questioned by Mr. Wilshire.
ing announced that body ready to
Q. You were not sure whether it was you
receive the Senate to canvass the
or Mr. Sarber who put Tankersley in nomina- election returns for Governor, the
tion? A. I am not positive in regard to that. Senate proceeded to the Hall of
The understanding was, that we should nomi- Representatives, where the follow-
nate him as soon as we got in. Mr. Tankers- proceedings were had:
ley started up the aisle, and before he got to
HALL OF THE HOUSE OF REPRESENTATIVES,
the chairman's stand, he was declared elected.
Jan. 6th, 1873, half-past 3 o'clock p.m. )
Q. And there was nobody there at the time, The President of the Senate called the joint
except you and Sarber and Tankersley? A. session to order and ordered the call of the
Other members were coming along, but we roll. The Secretary of the Senate called
entered first, and before Tankersley could the roll of Senators, and the following
reach the Speaker's chair, he was nominated Senators answered to their names: Askew,
that.
12
170
The Brooks and Baxter War: a History
Beavers, Beldin, Brooker, Caraloff, Clayton The presiding officer announced that “Eli-
Coit, Dawson, Dooley, Dugger, Elliott, sha Baxter, having received a greater number
Frierson, Gallagher, Goad, Hanks, Hodges, of votes than any other candidate, was duly
Holland, Howard, McChesney, Ratcliffe, elected Governor of the State of Arkansas,
Thomas, Torrans, White of Phillips, White of for and during the term prescribed by the
Pulaski.
Constitution.”
The Clerk of the House of Representatives A committee composed of Sen.
called the roll of Representatives, and the fol-
ators and Representatives was ap-
lowing members answered to their names:
pointed to notify the Governor-
Berry C. E., Berry J. H., Beardsley, Brown
elect of the result of the canvass,
N., Brown C. F., Bridenthal, Chapline, Cor-
The com-
bell, Cleveland. Coit. Copeland, Chapman. and learn his pleasure.
Crowley, Cunningham, Davie, Erwin, Eagle,
mittee returned, and Elisha Bax-
Fox, Furbush, Foster, Gist, Gilbreath, Gos- ter coming in was introduced to
sett, Grissom, Hawkins A. M., Hawkins O. the joint Assembly and delivered
S., Hawkins M., Havis, Hynds, Harley, his inaugural address. When he
Johnson A., Johnson J. H., Joyner, Kings- had concluded his address the
ton, Kent, Lee, Lynn, Latta, Murphy J. M., oath of office of Governor was ad-
Murphy W., McLeod, Marshall, McGehee, ministered to him by Chief Justice
Merritt, Miller, McVeigh, Matheny, Mitchell, McClure: and the joint Assembly
Nunn, Page, Pindall, Parrish, Rawlins, Reed,
arrish, Rawlins, Reed, dissolved. Thus the Minstrel fac-
disa
Robertson W., Robertson H. H., Sarber,
tion retained its hold upon the
Shingley, Sheppard, Spears, Stephenson J.
S., Stephenson A., Strong, Sumpter, Stewart,
machinery of the State govern-
Turner, Thrower, Thomasson, Tillar, Thorn-
ment, and their newly-chosen ex-
burg, Warwick, White, Wheat, Walker, Wil-
ecutive was inaugurated.
liams, Wright, Mr. Speaker Tankersly.
The delegates to the reform
convention adjourned subject to
A quorum of each house being present,
Senator J. M. Clayton, President pro tem.,
call of their State central commit-
tee. The “Minstrels” were jubi-
said:
lant and the “Brindles” corre-
“GENTLEMEN OF THE GENERAL ASSEMBLY:
spondingly unhappy, the carpet-
The day and hour having arrived for counting
bag element among them still
the returns for Governor, the Secretary of the
Senate will read over the returns and the
meditating measures for over-
proper tellers will count out all the votes cast
throwing their rivals and retriev-
for every person voted for as Governor.”
ing their fallen fortunes. They
urged the maintenance of their
The Secretary of the Senate then read the
State and County organizations,
returns, which, when footed up, resulted as
follows:
and held themselves in readiness
Elisha Baxter, 41,684; Joseph
Brooks, 38,726; A. Hunter, 1; Joseph Brook,
to seize every opportunity that
50; Baxter, 11; E. Baxter, 113; Brooks, 133;
might afford a hope of a success-
U.S. Grant, 1 ; William Byers, 1; A. H. Gar-
ful assertion of their right to the
land, 1.
offices to which their candidates
of the Reconstruction Period in Arkansas.
171
etc. He annir presumine Cote,
theny, Fontinued Gos
ley, Mathenngham, Foster Berry,
vested from the origin of the con-
tiad been undoubtedly elected.
stitution.
“The select few," as Frolich de-
At the election, in joint session
nominated them, never despaired.
of the General Assembly, for U.S.
On the 11th of January the de-
e Senator to succeed B. F. Rice, the
murrer to Judge Harrison's com-
Democrats at first voted solidly
plaint, modelled after that filed by for A. H. Garland, thirty-five votes:
Kellogg against McEnery, was
the Republicans dividing upon T.
argued before Judge H. C. Cald-
M. Bowen and Stephen W. Dor-
well, U. S. District Judge. He
sey, giving the former twenty votes
sustained the demurrer, on the and the latter forty-three. Alex.
ground of want of jurisdiction of McDonald five and W W Wil.
the courts of the United States to shire one. On the 18th of January.
hear and determine a contest for the Democrats changed to Dorsey.
a State office. He announced the except Senators Askew and Frier-
maxim that it was a fair presump- son: Representatives. J. H. Berry.
tion, that a cause is without the Coté. Cunningham. Foster. Har-
jurisdiction of the courts of the ley, Matheny, Pindall. Thrower
United States, until the contrary and Tillar, who continued to vote
appears, being courts of limited
for Garland; and Beavers, Gossett
for
jurisdiction. This proposition he and Thomasson who voted for
argued to be sustained by IV. Little" David Waller and Par.
Dallas Reports, 8; Vll. Cranch, rish, who voted for R. C. Newton:
32; ld. 506; 111. Blatchford, 84; fifty-two votes being necessary to
a choice. Dorsey was elected,
of the enforcement act, he held to
receiving eighty-seven votes, Gar-
confer jurisdiction only in case of
land eleven, Walker three, and
a denial of the right of a citizen to
Newton one. Dorsey was repu-
vote, “on account of race, color ted to be a "boodle” candidate.
or previous condition of servi- but
servi. but this seems to have been
tude.” As counsel had frankly
Ruy
large
largely on paper. He conferred
stated they had not been able truth- on Mr. Garland the appointment
fully to allege denial of right to of attorney of his paper railroad.
vote on that ground, the injunc- from Helena inland. But Clayton
tion and writs and relief prayed believed that Garland was still
for would be denied, and com- bent upon a seat in the Senate
plainant be remitted to the courts and would be his rival ultimately.
of his State, in which exclusive
(On the Ioth of February, the
jurisdiction over cases of contest Republican elections for President
ed election for State offices, ex-
and Vice-President of both Arkan-
cept some enumerated offices, was sas and Louisiana for the candi.
jurisdictioneing courts of contrary
172
The Brooks and Baxter War: a History
dates of both parties, were reject- former, over Bradley, and issued
ed at Washington, because of these two certificates of election,
alleged irregularities. Thus four- which entitled them to seats. The
teen votes of the electoral college others had given notice of con-
were counted out. But they tests to their opponents, Wilshire
would not have changed the re- and Asa Hodges, Minstrels. Gun-
sult, it was so largely in favor of ter's notice was served and pub-
the reëlection of Grant.)
lished in the papers March 12th,
The Helena World of Feb. 7th and that of Gause March 14th,
said of the election of Dorsey to Governor Baxter declined to issue
the United States Senate:
the certificates. He remitted the
contestants to Congress. Hodges
“S. A. Dorsey has been in our State about
really abandoned his case by re-
two years, all told. About half of that time
maining in the State Senate.
he was not a denizen, his family remaining in
his cherished home, Oberlin, Ohio. He is un-
On the 31st of March, Mr. Ben-
known to the people of Arkansas. He came
ton Turner, claiming to represent
here to promote his railroad interests. He
Conway County in the House, in-
obtained State, County and City aid, under the troduced the following bill, which
most solemn pledges. By trickery, hocus-pocus immediately became a cause of
and legerdemain, the gauge of the road was discord that revived the dormant
changed from standard to narrow gauge, as antipathies of the factions, and.
adopted. To-day we have a wheelbarrow produced results of far-reaching
d from Helena westward, costing nothing and of incalculable moment. It
in comparison with the one he professed to
was designated the “Railroad
come here to construct.”
Steal Bill," but was entitled by its
March the 3d, the election upon introducer :
the constitutional amendment re-
sulted in its adoption, by a large
An Act Amendatory of and Supplementary
to An Act to Aid in the Construction of
majority.
Railroads; approved July 1st, 1868:
The candidates for Congress, on
the Conservative ticket, Gunter
Whereas, In pursuance of the above enti-
tled act, the State issued her bonds amount-
and Gause, were importuning Gov-
ernor Baxter for certificates of
ing to $5,200,000, and the Railroad Commis-
election. They had received none
sioners have power to add $6,200,000 to the
amount so issned when road-beds of railroads
from Governor Hadley, who pre-
shall be prepared for iron; and
tended to canvass the election,
Whereas, Bonds have been issued to rail-
and merely proclaimed the result
road companies to the amount of $1,000,000
of the vote in the case of Gause
for road-beds upon which no iron has yet
and Gunter, Democrats. Hadley been placed; and
had proclaimed Snyder, Minstrel, Whereas, Said railroad companies have
elected over Bell, and Hynes, Re- become otherwise indebted to the State in
roa
.
.
cui and
of the Reconstruction Period in Arkansas.
173
their present condition, not completed or fully sioners written acceptances of the provisions
equipped, and without iron rails or ballast are of this act and a release of the State from a
of no security or value to the State; and further issue of bonds and of the right to de-
Whereas, To complete said roads, and to mand the same.
limit further issue of State bonds and to in- Sec. 2. Be it further enacted, that any and
duce said railroad companies to release the all demands which may be declared upon said
State from the further issue of bonds, etc. railroad stock delivered to the State, shall be
Section 1. Be it therefore enacted, that any paid to the treasurer of the State and shall be
railroad company which has received the set apart as a separate fund, to be applied by
bonds of the State of Arkansas to aid in the him exclusively to the payment of the inter-
construction of its road, or become otherwise est on said bonds and to their redemption
indebted to the State, which shall deliver to when they become due.
the Treasurer of the State, certificates of full Sec. 3. Be it further enacted, that the
paid stock of such company not liable to as- shares of stock held and acquired by the
sessment, equal in amount to the bonds which State in the said railroads, in pursuance of
have been issued to said company, or other the provisions of this act, shall have the same
indebtedness, and any railroad company now rights as the shares of other stockholders, and
existing or which has been or shall be organ- none others; and the Governor shall desig-
ized by purchase or otherwise, are authorized, nate an agent to vote the said stock at all
by a vote of the majority of the directors of meetings of the stockholders.
said company, to issue and deliver to the Sec. 4. That a tax of three mills on the
Treasurer of the State the amount of stock dollar is hereby levied on all the real and per-
herein indicated, which when tendered and sonal property in the State, subject to taxa-
delivered by said company shall release the tion, for the purpose of creating a fund for the
same from the payment of the principal of
payment of interest on said bonds and the re-
said bonds delivered to said company and the duction of the principal. And it is hereby
interest or tax due thereon and from any and ordered and declared, that the taxes collected
all liability to the State arising out of the de- under and in pursuance of the levy herein
livery of said bonds to said railroad company made, shall be collected in lawful money of
under and by virue the provisions of An Act the United States, and used for no other pur-
entitled An Act to Aid in the Construction of
pose than the payment of such interest and
Railroads, and for any other indebtedness; principal of the same.
and that the treasurer shall execute and deliver
Sec. 5. That this act shall take effect and
in the name and behalf of the State a receipt
be in force from and after its passage, and all
for said stock, and discharge said railroad
acts or parts of acts inconsistent herewith are
company from the payment of said bonds,
hereby repealed.
interest or tax due thereon, and any other in-
debtedness for which said stock was delivered.
[Mr. Pindall (Democrat) of Chicot, upon the
Provided, That any railroad company shall
first reading, moved that the bill be rejected,
be entitled to the provisions and benefits of
in order, he said, “ to test the sense of mem-
this section whenever the board of directors
bers as to this gigantic steal.”
or a majority thereof of said company shall, White of Crawford (Republican), voted
within ninety days from the passage of this with the Democrats to reject. Pindall's mo-
act, file with the board of railroad commis- tion was voted down, ayes only 29, nays 41.
174
The Brooks and Baxter War: a History
Turner, the reputed author of the bill, had
been declared elected member for Conway
county, where negroes were the principal
electors. There were great numbers of them
on the plantations along the Arkansas River,
He had been originally Sheriff of the county,
appointed by Clayton. He was an avowed
political wrecker, and loud-mouth supporter
of all measures of oppression and extortion,
of unlimited gall, a modern Ancient Pistol
He had been chosen to introduce the bill by
its real framers, who preferred, for obvious
reasons, to remain in the background.]
The introduction of the bill to re-
lease the indebtedness of the rail-
road companies, and tax the peo-
ple in currency to pay interest on
the bonds, aroused the public in-
dignation and alarm. It was re-
garded as indicating the com-
mencement of a new era of spoli-
ation, exceeding anything yet
inaugurated. The motion of Pin-
dall sounded the alarm. The Dem-
ocratic newspapers caught it up
immediately. The Gazette of Lit-
tle Rock thus commented upon its
introduction and the refusal of the
House to postpone it:
THE BIG STEAL.
“At last, the big railroad steal, or the
measure donating to the railroad companies
and bondholders $5,200,000 of the bonds of
the State, has been introduced into the House.
Benton Turner, a carpet-bagger of the deepest
dye, who never earned a dollar in Arkansas
by the sweat of his brow, and who is supposed
to represent Conway County, is the fitting in-
strument through which the measure was
launched into the House yesterday. It seems
that all the Republican members of the House,
save one or two, have already been secured in
support of the measure. A motion to reject
the bill was voted down by the Republicans
except Mr. White of Crawford voting for the
motion. The bill not only makes a present of
the bonds to the railroad companies (for every
one knows that the stock of the companies,
which is to be delivered under it is worthless),
but it levies a tax on the people of three mills.
in currency on the dollar, to pay the interest.
“We believe that every vote given for the
bill has been purchased, in one way or anoth-
er. Its supporters should be held up to pub-
lic scorn and contempt for all time to come.
The tax to be imposed by it, suppose only
$5,000,000 bonds have been issued, and the
taxable property is $100,000,000, will be $300-
000 arnually in currency. The depreciated
State scrip in the hands of the people not re-
ceivable.
"All roads which had been built or equipped
through aid of the bonds of the State, owed
the State interest on them at 8 per cent. per
annum, and this was a lien on the road-beds
and tangible property. The bill was drawn
to release them from this lien and interest and
taxes due by them to the State. It will dis-
charge not only that accruing on the bonds
issued under the act in aid of the railroads,
but interest on money loaned years before the
passage of that act-$94,000 advanced as in-
terest on the bonds issued to the Fort Smith
and Little Rock Railroad, and $44,000 accrued
interest on the Memphis and Little Rock
Railroad.
The entire expenses of the State
Administration prior to reconstruc-
tion had at no time exceeded One
Hundred and Fifty Thousand Dol-
Hundred and Fifty
lars. Here was to be added, in
one measure, not called for (and
proposing to violate the Constitu-
tion) a tax of double that sum.
The Constitution required a vote
of the Reconstruction Period in Arkansas.
175
favor; ate the belief that had be- Senate in the elec
of the people at the ballot box to the best of his ability, in conform-
authorize a loan of State credit ity to law. Powell Clayton was
(Art. X. Sec. 6). If loaned, by drawn into the alienation by Mc-
vote of the people, it required the Clure.
same authority to revoke the con- Chief Justice McClure, at the
tract, or modify it, in order to cre same time that he was a judge of
ate out of it a new indebtedness. the court of last resort in the
A similar attempt in Missouri State, had an interest in, and fre-
was declared invalid by the Su- quently wrote for, the Little Rock
preme Court of that State. Dur- Republican, the “Minstrel" organ.
ing the agitation of this nefarious To show that he did not regard
measure attempts were made to these several occupations as in-
commit Governor Baxter in its compatible or conflicting, there is
favor; and that appearing to fail, his testimony on oath preserved
to create the belief “that he had in the Congressional records of the
pledged himself to it, but had be- Senate investigation of the meth-
come alarmed at the public oppo- ods of the election of Senator
sition, and refused to fulfill his Clayton to a seat in that body, pp.
pledge."(?)
344, 345.
The attitude of the Governor Questioned, by Mr. Barnes, as
towards this bill was the great to his receiving levee bonds, in any
controlling cause of the alienation transaction, McClure declined to
of such influential leaders of his answer.
party as Chief Justice McClure, Interrogated by Senator Nor-
Asa Hodges, H. M. Cooper, Ste- wood.
phen Wheeler, John M. Clayton, Q. What was the consideration for those
and finally, as a sequence, Senator bonds ? A. For the bonds I received ?
Powell Clayton.
Q. Yes. A. My services.
The Poland investigation into Q. Your services in what way? What
the causes of the alienation of the were 'your services connected with ? A. In
Claytons, McClure & Co., goes the passage of the bill!
into the subject at great length, He was then the Chief Justice
and fully develops the fact, that of the Supreme Court of the
McClure's dislike of Baxter grew State. . .
out of his final opposition to this Questioned by Senator Clayton.
measure, and refusal to be the
Q. I am interested to ask you, if you did
mere instrument of “a ring” of
not at one time, while you were Judge of
political wreckers, rather than
the Supreme Court, receive for your services
Governor of his State which he
as a judge, the sum of $3,000 in money from
had sworn and pledged himself to Milton L. Rice, of the City of Little Rock?
his neighbors to be, according to A. No, sir.
176
The Brooks and Baxter War: a History
Q. Neither directly nor indirectly? A.
Neither directly nor indirectly. Right there
I want to make a statement. I was connected
with the Little Rock Republican. [He was
Judge of the Supreme Court from the adop-
tion of the Reconstruction Constitution until
the Constitution of 1874 displaced it.] Mil-
ton Rice, as the President of the Cairo & Ful-
ton Railroad Co., came to me and had a con-
versation. In that conversation he desired to
ascertain of me, if I could control the columns
of the Republican from attacking the Cairo &
Fulton Railroad, as they were about submit-
ting propositions to the different counties to
vote county aid. I said to Mr. Rice, that I
did not know whether I could or not, that I
or with the railroad, one way or the other;
that he had pledged me his personal honor
for the payment of that $6,000 in the event
that I should do as I agreed, and I had done
strictly as I had agreed to do. Said I: “Mr.
Rice, you can pay this or not." Said he:
“Whatever I pay I will have to pay out of my
own pocket, as Hodges and others refuse to
contribute to the payment.” He then gave
me a check on the Merchants' National Bank
for $600 and his acceptance for $2,400.
O. That made $2.000? A. That made
$3,000. The other $3,000 I did not get.
point, that I could control the paper to such
an extent that articles would not appear against
the railroad. I went to Rice and so stated to
him. Mr. Rice then proposed to pay me $2,000
in money and $12,000 in paid-up stock of the
company in the event that I would control
the paper to that extent. I said I would not
give him a picayune for the Cairo & Fulton
stock. He then said he would pay me $6,000
in money to keep the Repubtican from at-
tacking the road. I said I would take it.
Very well. There were no writings about it
of either the one or the other. Mr. Rice as-
sured me upon his personal honor that the
$6,000 should be paid. I controlled the col-
umns of the newspaper in accordance with
my agreement. After the work had been per-
formed and the election was over, I went to
Mr. Rice one day and told him I wanted some
money. He went off on a tangent and said
that I had gone to a party by the name of
Smith, and some other parties down there,
who were to make a contract for that road
and had prevented his making that contract;
that Hodges and Benjamin and others were
growling and refused to pay the $6,000. I
then said to Mr. Rice that I had nothing to
do with Hodges, Benjamin or Senator Rice,
Senator Clayton's object in
drawing out this testimony can
dream
only be inferred. If it was to
show the peculiar methods of the
Rice and Cairo & Fulton people,
it was more remarkable as the
transaction of a judge of the Su-
preme Court. The Senator con-
fined it to a period “while the
witness was a judge of the Su-
preme Court." The transaction
was in no way connected with the
judicial office.
The newspaper McClure had
thus controlled for the Cairo &
Fulton railroad people, the Repub-
lican, was the outspoken advocate
of the railroad bond bill. Mr.
Wilshire had published an article
in the Gazette of April 8th, de-
nouncing the bill, in which he
said: “I have heard it whis-
pered that, if the Governor should
veto the bill, articles of impeach-
ment would be preferred against
him. If such is the policy of the
bond thieves then I say, 'lay on.
of the Reconstruction Period in Arkansas.
177
To this the Republican replied: We say, stand firm! The Governor's ap-
This one-man power was given to the exec-
pointments need confirmation by the Senate.
The vote of that body yesterday, in the face
utive to hold the Republican party in power.
of the Governor's hostility to the bill, shows
No man in the executive chair, before this
that the appointing power is not altogether in
time, ever threatened to use it to carry out
his hands. Attempts to pay for men's votes
his personal wishes.
by appointments to office will not be con-
The Representatives who voted for the bond
sented to by the Senate.
bill were elected by the same votes and ap-
Down with the one-man power! It is time
pliances which elected Judge Baxter and
a lesson was taught the men who would thwart
Judge Wilshire (claiming a seat in Congress).
the will of the party. We say, strike at the
They are the men to whom the latter are in-
root, and never cease striking until this con-
debted for their present position. If it be
tumacy and pig-headedness has been taught
true that the Representatives do not represent
its first lesson.
their constituents, what assurances have we
that Gov. Baxter and Judge Wilshire are the
“One-man power!” It was he
favorites of the people. Our impression is
that contrived it. “How soon the
that the less said upon this subject the better.
whirligig of time brings in his
From what we know of the last canvass, we
should advise either Gov. Baxter or Judge
revenges.”
Wilshire not to court a very rigid examina-
In the Senate, fourteen Repub-
tion into the title to their offices.”
licans voted for the bill. Seven
Republicans and all the Demo-
The bill having passed the crats voted against it. The seven
House, went to the Senate, where Republicans were Dooley, Duke,
it was amended by striking out Elliott, Good, McChesney, White
the three-mill tax, or any special (colored) of Phillips, and White
tax, to pay interest on the bonds. (colored) of Pulaski.
It was then returned to the House Upon the Congressional investi-
for concurrence in the amend- gation of affairs in Arkansas, the
ment.
following testimony was elicited
Upon this the Little Rock Reo on the subject of the contest over
publican, controlled by McClure, this shameful measure:
said:
E. N. Hill, having been sworn,
examined by Mr. Rice, p. 446.
The bill will now go to the House, where
it will pass, and from there to the Governor, Q. Was there a great squabble on the bill?
who will veto it. From the executive, it will A. Before the bill was ever introduced, I was
come back to the House, where it will also passing one day from my room in the Metro-
pass, and become a law. The fight against politan Hotel, and going by Governor Baxter's
the bill by the executive and his friends will room, he called me in and handed me an elec-
be bitter and strong. We understand that the tion bill, I think it was,--a printed bill which
entire official patronage of the executive de- he said was a very infamous one. I did not
partment is to be used to defeat the bill. like it, myself. I think his principal objec-
1
178
The Brooks and Baxter War: a History
,
tion to it was, that it would make Lieutenant
Governor Smith the appointing power, instead
of himself. There were several other objec-
tionable features in it. After we finished talk-
ing about that bill, I told him that a railroad
bill would be introduced in a short time, and I
gave him a sketch of its provisions. We
talked about it for some time. He was very
much opposed to the bill. I had learned its
· provisions from Mr. Sam Tate, of Memphis,
and from conversations with Alex. McDonald.
These gentlemen were very much interested in
its passage.
Q. And Baxter was opposed to it? A.
Yes.
O. Did he afterwards change his mind or
his action on that? A. There was a great
dispute in the Legislature about the bill, and
it raised a great deal of talk. I believe that
the original bill passed the House at one time
by a small majority. I think Mr. Baxter
said he would veto it. I know that he was
very much opposed to its passage, and that it
was the cause of political difficulty between
himself and some leading Republicans. The
bill was amended, but the amendment
made very little change in the nature of the
bill. A very strong effort was made to get
Gov. Baater to withdraw his opposition to it.
Going to my room one night, between eleven
and twelve o'clock, I understood before I
went up stairs that a gentleman was in Bax-
ter's room endeavoring to get him to sign
that bill. [This is inaccurate, as the bill
would not be ready for his signature after the
amendment by the Senate, until submitted to
the House again. I mean the amended bill
which was to be presented the next day. I
had heard the gentleman was authorized to
offer Gov. Baxter some pecuniary reasons for
withdrawing all opposition to the bill. [The
Gentleman was Asa Hodges, of Crittenden
county, opposite Memphis, and Sam Tate, of
Memphis, and the Memphis and Little Rock
Railroad Company's agents had doubtless
started and talked of a purpose to corrupt the
Governor.] As I' passed Gov. Baxter's door,
the two gentlemen were standing together.
I did not stop to listen to the conversation,
but I heard Baxter say: “You can tell them
that I will not oppose the bill if these things
are all made up right."
Q. You did not know what 6 these things "
were ? A. I did not only by what I had
been told.
Q. Do you know what the parties were
prepared to put up as “these things”--that
$25,000 was ready to be given Baxter if he
would withdraw his opposition to the bill?
A. I had heard some such talk as that.
Q. And Baxter's remark to this man was
made on the subject of that railroad bill? A.
I suppose it was. (?) «I had been informed
that the gentleman had gone there to consult
him with reference to it. I had been in-
formed by the man who sent him.
0. Was the bill revived the next day?
[Col. Hill's answer to this last question shows
his imaginings to have been unworthy of him,
and that he did not know enough about the
bill to form a correct idea of a conversation
in regard to it.] A. The bill was brought
into the Senate next morning in an amended
form! [The amendment, as we have seen,
was a Senate amendment, and it had to go
thence to the House. Mr. Rice should not
have cross-examined his witness so closely.]
Q. For some reason or other, the thing
fell through, and Baxter still opposed the
bill? A. Yes. He still opposed it, and it
did not pass.
It is due to Gov. Baxter to give
his version of the circumstances
attending this transaction and
similar ones. In his letter, writ-
ten to the New York Herald, in
fransa Letter, id, in
of the Reconstruction Period in Arkansas.
179
May, 1874, and which was in- and it repressed any number of
spired by later events, he said: curses, not loud, but deep. Attor-
ney General Yonley was mani-
I had scarcely been installed, when the festiv perturbed in spirits. He
Chief Justice and his friends began a series of
took long aimless walks, and
demands in partial or total violation of every
chewed up many handfuls of pea-
pledge upon the strength of which I had been
elected to office * * * in short, I had to
nuts. His partner, Mr. Whipple,
wore a most somber aspect. There
emy.
were flittings to and fro between
their offices and the State-house;
I may name, among the measures of which
they attempted to compel my approval, the
the occupants of which all held
subsidy bill, by which certain railway.com- authority by the same warrant that
panies were to be released from payment to Baxter held, but who would be
the State on account of bonds issued to them glad, in some way, to question his
for the construction of their respective lines, authority. The Rices and Mc-
about $6,000,000: the metropolitan-police Clure had become companionable.
bill, which proposed to constitute the State a The two newspaper organs were
metropolis, the police of which should have billing and cooing On Mavuth.
power to arrest without warrant any citizen of
the Little Rock Gazette, published
the State, and drag him for trial at the capital ;
an election bill concentrating in the hands of me
the following pararaph entitled :
three men, designated a board of canvassers,
WHAT DOES IT MEAN?
and having for their chairman the Lieutenant
Govenor, not alone the power of appointing There is a rumor current that the Attorney-
judges and clerks of election, but also the General will file an application before the Su-
supervision and review of all proceedings and preme Court, at its meeting on Monday, for a
returns of election; a triumvirate, which could writ of Quo Warranto against Governor
have held the liberties of the people in the Baxter. If he is not entitled to the office of
perpetual grasp of a clique. When it was dis- Governor, by reason of the election frauds
covered that I could not, and would not lend in November, neither is the Attorney-Gen-
my influence or give my consent to measures eral, nor the Lieutenant-Governor, nor Asso-
such as these, persuasion and intimidation ciate Justices Searle and Stephenson, claim-
gave place to attempted bribery and kindred ing positions under that electiom, to entitle
propositions of a most disgusting character. them to consider such application.
After the adjournment of the Notwithstanding public expect-
Legislature, there was a calm ation, no such action was taken.
on the surface of political affairs Nearly a month elapsed. On June
in Little Rock. The Republican the 3d, the Secretary of the State
studiously withheld all further crit. Central Committee of the Demo-
icism of the executive. It even cratic party, at the office of the
paid him “mouth honor” which committee (his law office), received
the reader knew to be “breath," a visit from Governor Baxter. The
180
The Brooks and Baxter War: a History
Governor, who had never before actions may have been. Then ex-
entered his office, informed him Judges English and Compton were
that notice that application on the named. They had been Judges
relation of Joseph Brooks to test of the Supreme Court, and were
the validity of the Governor's lawyers of experience and ability.
election, would be presented to Judge Gregg, an old citizen, and
the Supreme Court the next day, the soundest lawyer on the bench,
and he would have to employ had a high regard for Judge En-
counsel to represent him. He glish. “Be it so," said the Gov-
said the movement was absurd, as rnor, "if they will accept the em-
the court would have no jurisdic- ployment."
tion, but the issuance of such a The Secretary accompanied him
writ would cause trouble and back to the State-house and, on
should be prevented if possible. the way, hinted that it might be
He asked the Secretary to oppose well to employ an armed guard for
the filing, or demur to the jurisdic- himself and his books and papers
tion for him at the time notified. in future. The Governor laughed
The Secretary reflecting upon the at what he deemed an exaggerated
importance of the proceedings, idea of the danger threatened.
and the character of the Judges The Secretary proceeded to seek
of the Court, promptly assured the the two ex-judges. He found
Governor that the matter was of Judge English at McNair's barber-
such momentous importance to shop, and went with him to his
him, and to the State, it should office over Risen's store (Tucker's
be represented, with the greatest corner). Judge English fully ap-
care, and by the ablest and most proved the idea of an armed guard,
experienced counsel. The Gov- · and Captain John C. Peay was
ernor replied with a smile, that he agreed upon as the commander.
trusted the Court, and did not think Judge Compton accepted the em-
that it would have any difficulty in ployment. Governor Baxter con-
arriving at a just conclusion. His sented to the protection of the
nonchalence was astonishing. militia, and Captain John C. Peay
And then several of the leading and his company, composed of the
members of the bar were men- first young men of the city, were
tioned. It was argued that it that night quartered in the Execu-
would be unwise to entrust the tive wing of the capitol.
destiny of the State and people to The argument in this quo war-
any who were known to have had ranto proceedings lasted until noon
transactions with the members of of the 5th of June. That after-
either wing of the Republican par- noon, Judge Lafayette Gregg de-
ty, however harmless such trans- livered an oral decision of the
of the Reconstruction Period in Arkansas.
181
Court, which held that the writture. Nor would I now advise any show of
should not issue, on the ground force, unless a forcible attempt should be
that the Court had no jurisdiction made to oust you. I believe you are the legit-
of such a contest; that the juris-
imate Governor of Arkansas; and as much as
I regret to see our State disgraced abroad by
diction was in the General Assem-
distractions at home, I hope you will stand
bly alone. The reasons for the
firm, regardless of results.
opinion would be given thereafter
POWELL CLAYTON.
in writing. The Chief Justice,
McClure, announced that in proper Jack Agery, Brooks' colored
time he would file, in writing, the friend, said on hearing this dis-
reasons which compelled him to .patch: “ Clayton's got his eye
dissent from the decision of a ma- on a seat for second term in de
jority of the Court, which he did. Senate. But if he sticks to Bax-
The case is reported in 29 Ark. ter, Brooks will set down on dat
These proceedings, and the prompt eye yit.”
action of the Governor, produced Senator Dorsey's dispatch of
a tremendous sensation in the the same date, also from New
city and all parts of the State to York, was brief and unequivocal:
which they were communicated.
Offers of aid and armed support
To Governor Elisha Baxter:
came to the executive from all quar. You have the unqualified support of my-
ters and from men of all parties.
self and friends. The revolutionary proceed-
ings instituted will not be sustained by the
Senators Clayton and Dorsey,
who were in New York, before a
S. W. DORSEY.
people.
decision was announced by the The dispatch of Senator Clay-
Court, telegraphed their disappro- ton, embodying the lecture to
val of the application for quo war. Baxter upon having called on the
ranto, and their sympathy with military to guard the executive
the Governor. Clayton's dispatch office was, to say the least, un-
was as follows:
reasonable. It was as impracti-
cable as to counsel an Arkansas
NEW YORK, June 30, 1873. River planter not to erect his levee
His Excellency Elisha Baxter :
against a flood until his fields
Quo Warranto proceedings against you should be overflowed. Clayton.
have been inaugurated without my knowledge
under the circumstances, would
or approval, and are in my opinion unwise
have dissolved the court. Arkan-
and highly detrimental to the interests of the
State. My judgment did not approve your
sas securities must have immedi-
late action (calling on the military) because I ately gone down in Wall street
did not believe that such a move was seriously several points. Senator Dorsey's
contemplated, and even if contemplated, I dispatch was more direct and
regard the calling out of the militia as prema- frank. He condemned the quo
182
The Brooks and Baxter War: a History
warranto proceedings for displac- a similar case against him, have
ing the executive by a co-ordinate sworn out an affidavit against the
department in violation of all pre- Attorney-General and caused his
cedent and the provisions of the arrest under the statute against
constitution, as “revolutionary." treasonable conspiracy and usur-
It was revolutionary, conceived in pation of authority.
a spirit of disregard for law and The decision of the court gave
contempt of the decision of the great satisfaction to citizens, as
Legislature (alone having authori- an assurance that it was the end
ty), which had just passed upon of official contests; that an era of
the right of Brooks to contest the tranquility had arrived at last.
election.
They sought to express their grati-
The propriety of calling in mili- fication in a serenade to the Gov-
tary aid had been considered by ernor on the evening of the gth of
Gov. Baxter. His office, in the June, in the State-house yard.
west wing of the capitol, was ac- There was a large crowd in attend-
cessible at all times to any and all ance. The Governor responded
who might see proper to enter. by an earnest appeal in justifica-
The Sheriff of the county, Col. tion of such action as he had
William S. Oliver, upon whom deemed it necessary to take, claim-
devolved service of the process of ing it to be solely for the public
the Supreme Court, was a partisan welfare. After a brief history of
of McClure & Co., and bold to ut- the events leading up to the ap-
ter recklessness in the perform- plication for quo warranto, and his
ance of a congenial service. Had precautions to prevent violence,
the court ordered the writ of ouster he said:
contemplated by the proceedings Under these circumstances, and with a
instituted, or other process for knowledge of many of the more secret move-
securing the possession of the ex- ments and declarations of those bad men, who
ecutive office, Oliver would have had been urged to violent extremes, by being
been in the executive office with thwarted in their many efforts to rob and
his force in an instant, and the plunder the people, I felt fully justified by
Governor been compelled to con- every rational consideration not only to for-
tend for possession from without. tify and defend myself against these desper-
The Governor, as commander-in-
ate intrigues, but to put myself in a position
that, if need be, I might meet force with force,
chief, had a right to protect his
and repel violence with violence.
office by a military guard when he
was thus menaced by revolution-
It is a source of great happiness to me to
know that I was not only spared the sorrow
ary and unlawful proceedings.
and humiliation of an actual conflict, with all
Clayton, himself, would not have
its attendant evils, but still more so that in
hesitated a moment, and would, in my efforts to strengthen the executive arm I
of the Reconstruction Period in Arkansas.
183
was supported by the ready response of my ing. If some of them were not
most worthy fellow-citizens of all parties and the tools of political bosses, they
colors, and was not driven to the necessity of were belied
inflicting the slightest injury to any interest,
The fact is, the Court was about
or of interfering with the forms of law, or
to adjourn when the application
disturbing, in the least degree, the ordinary
currents of social peace and order.
for quo warranto was attempted to
be filed. It decided against its
None but his enemy or an inter- jurisdiction, and adjourned with-
ested schemer hesitated to com- out putting the decision in writing.
mend his course. It had been a Judge M. L. Stephenson was
negative action, it is true, but was one of the Supreme Judges who
borne with firmness and courage. sat in the quo warranto case,
He had been in great peril but his though claiming his election at
success in the crises thus formed, the same election and by the same
seemed to augur a triumphant returns relied on by Baxter. His
were thought to be at an end. views of those whose interests or
The two organs gave forth angry positions led them to consider the
* mutterings and vague threats. subject of those legal controver-
Ordinarily, the decision of a sies. Upon them turned the des-
court of the dignity of an Appell- tiny of the State. Gov. Baxter
ate Court of a State is supposed afterwards charged him with be-
to be certain and final, unless traying him.
modified or overruled upon formal M. L. Stephenson, sworn and
petition and notice. Four of the examined by Mr. Rice (report of
five Judges, Gregg, Bennet, Searle Poland Investigation, p. 266):
and Stephenson had agreed in de-
Q. State your residence and occupation ?
ciding that this Court had no jur. A. I reside in Helena, Arkansas. I am a
isdiction in a contest for the office lawyer.
for Governor. The Chief Justice, Q. Were you formerly Justice of the Su-
McClure, openly dissented from preme Court ? A. I was.
this opinion. It is difficult to be Q. Were you present on the bench when
lieve that officials occupying their the quo warranto case of Brooks and Baxter
positions vould descend to ino was introduced ? A. I was.
gling and vield to intrigue. before Q. What question was submitted to the
they could conveniently reduce
eral filed an information, or rather asked
their decision to writing, and cause
leave of the Court to file an information, in
it to be entered upon the record.
the nature of a quo warranto, on the relation
The history of the travails of the
of Joseph Brooks against Elisha Baxter.
Court in finally delivering its opin [The Attorney General did not appear in the
ion is both amusing and humiliat- name of the State.)
184
The Brooks and Baxter War: a History
nounce? A. The Court decided that the At-
torney General would not have leave to file.
Q. Who made that announcement? A.
Judge Gregg, on behalf of a majority of the
Court.
Q. Was that entered as the judgment of
the Court ? A. I never saw the record, but
I presume it was. The records were under
control of the Chief Justice.
Q. Who was to draw up the opinion?
A. The oral announcement was made on the
Court was ready to adjourn, and would have
adjourned, but for that business, which was
presented at the heel of the term. I think we
Q. Was the question made by Attorney
General Yonley as to how much was before
the Court: and was an announcement made
by the Chief Justice as to what the Court
would hear and decide in the progress of the
case? A. My recollection is not very dis-
tinct upon those matters. My recollection is,
however, that at the opening of the case it
was proposed by Mr. Baxter's counsel to ar-
gue the merits of the case touching the juris-
diction of the Court to hear and determine
such a suit. I think Mr. Yonley, who ap-
peared for Mr. Brooks, objected to that ques-
tion as premature.
Q. Did he, Yonley, only appear for Mr.
r.
Brooks, or did he appear as Attorney Gen-
eral ? A. He appeared as Attorney General.
The suit was filed on the relation of Mr.
Brooks.
Q. Did he file it as Brooks's private attor.
ney, or as Attorney General ? A. As Attor-
ney General, as a matter of course. On that
point the Court retired for consultation. My
recollection is that when we retired into the
consultation room a vote was taken as to what
question the Court should hear. The first
vote was taken as to the jurisdiction of the
Court to hear and determine such a case. It
was decided that, as to the jurisdiction of the
Court to hear a contested election case, the
Supreme Court had no such jurisdiction.
Q. What was the announcement made by
Chief Justice McClure ? A. After that we
agreed that the questions which should be
submitted would be on the motion of the At-
torney General for leave to file. That was
the motion to be heard.
Q. What was the announcement of the
Chief Justice as to the question which the
Court would try? A. I am not prepared to
say what the announcement of the Chief Jus-
tice was.
Q. What did the Court decide to an
purpose of hearing and disposing of that case.
When the oral announcement was made by
Judge Gregg it was agreed among those mem-
bers of the Court who concurred in the opin-
ion, that we would file no written opinion at
that time; that each of the concurring judges
was to write up his views, and that at the
November sitt ing one of the judges would de-
liver the opinion of the majority of the Court
in writing.
Q. Was it understood that you were to
meet and agree upon the opinion when you
got together at the next meeting. A. Yes;
we were to meet on the 20th November and
then submit our views.
Q. You adjourned with that understand-
ing? A. Yes.
Q. Was there ever any consultation after-
wards in the entering up of the opinion as
was then contemplated ? A. The proceed-
ings were afterwards somewhat irregular.
[Witness here narrated the whereabouts of
the Judges in their summer vacations, and
their return, at the urgent request of Governor
Baxter, to consider matters of great public
importance. Judges in those days wandered
about everywhere, traveling on railroad
of the Reconstruction Period in Arkansas.
185
passes.] On our arrival here I was informed
by several gentlemen who were my friends
and the friends of Governor Baxter, that a
suit was pending in the Pulaski Circuit Court
(I may have known that before I went away)
of the same nature of the one that had been
decided in the Supreme Court, and that it was
apprehended, nnless the opinion of the Su-
preme Court was reduced to writing and put
on file, Judge Whytock (of the Pulaski Cir-
cuit Court, a Clayton appointeenow in sym-
pathy with Brooks), would take jurisdiction
of the case, on the plea that he did not know
what the opinion of the Supreme Court was,
and render some kind of judgment in it. So
it was considered of great importance that the
opinion of the Supreme Court in the quo war-
warranto case should be reduced to writing
and placed on file, so as to be authoritative on
Judge Whytock's court. I understood that
Judge Gregg had been also written to to come
to the capital. The difficulty then was how to
get the concurring members together for con-
sultation, and to reduce the opinion to writ-
ing. It was agreed that we should correspond
with Judge Gregg, and, if he were not able to
come, that we would, by mail, interchange
views and arrive at a conclusion.
Q. When did you first see this opinion
(producing the opinion on the quo warranto
case) ? A. I wrote to Judge Gregg and he
submitted his views. He drafted that opin-
ion and sent it down here.
Q. When was that? A. That was in the
early part of September, I think. Perhaps
the opinion as perfected was not received
until the latter part of September. It took
of the U, S. District Court—who was a warm
friend of Governor Baxter. When I got
Judge Gregg's opinion, I took it up to Judge
Caldwell, and showed it to him, or raiher read
it to him. He made some suggestions about
it. The particular objections which he had to
the opinion was that no where in it was there
an epitomized statement of the case in short
form, so that the public and everybody inter-
ested would readily grasp it. He suggested a
change, or that there be interpolated at the
end of the opinion a summarized statement of
the points contained in it. He met Judge
Searle and myself in the library of the Su-
preme Court the next morning. I sat down
and embodied what I conceived to be Judge
Caldwell's ideas, telling him, however, that I
thought they were all in the opinion already.
He admitted that they were, but said they
were not in such concise form as they could
be understood generally by the public. He
was not exactly satisfied with what I had
written, and he wrote himself a statement of
what he conceived ought to go to the public,
and in that Judge Searle and myself agreed.
It was substantially, what the opinion was. I
copied it in my own handwriting, and when
I wrote to Judge Gregg I sent it; perhaps I
mentioned Judge Caldwell's name, and asked
him if it met his views to copy it in his own
handwriting and send it to me with authority
to add it to his opinion. He did so, and I
appended it to his opinion. That is the his-
tory of the fly-leaf.
O. Had you signed the opinion before
that was appended? A. No, sir.
Q. Had Judge Searle ? A. I think he
had. I think he signed it with the under-
standing that it should go in. I know that
he was present when it was sent to Judge
Gregg, and we agreed that if he should con-
cur and send it down it would be appended to
the opinion.
(After some testimony to the friendly rela-
Q. Had he signed the opinion? A. Yes.
Q. Go on and state what you know about
the slip of paper which is annexed to it;
where it was written, and by whom? A. I
was very intimate with Judge Caldwell—Judge
13
186
The Brooks and Baxter War: a History
tions of Judge Caldwell to Baxter.) R. Was A. I know who Governor Baxter said it was,
the wording of the opinion, the so drawing it but I have my own opinion whether it was
as to attempt to exclude the jurisdiction of the said or not.
Circuit Court influenced in any way by the 0. Who was it that Governor Baxter said
desire to prevent martial law ? A. There is told him so? A. He said it was Senator
no question but that the intention of framing Clayton. Judge Caldwell and Senator Clay-
the decision was that the Circuit Court should
ton were the only two persons who went to
not take jurisdiction.
Baxter about it.
By Mr. Wilshire.
THE FLY LEAF.
Q. Judge Caldwell wrote the addendum as “Under the constitution, the determination
being the summary of the opinion? A. Yes. of the question as to whether a person exerci-
I do not think he desired to add anything sing the office of Governor has been duly
new in the opinion. As he stated, it was a elected or not is vested exclusively in the
general summary, and such a one as the pub- General Assembly of the State, and neither
lic could grasp without difficulty. I do not this nor any other court of the State has juris-
deny that on reflection, he did suggest the diction to try a suit in relation to such a con-
language, “neither this, nor any other court” test, be the mode or form what it may, whether
[can exercise jurisdiction in a case of contest at the suit of the Attorney General, or on
for the Governor's office].
relation of the claimant through him, or by an
Q. Would you have filed the opinion individual alone claiming a right to the
whether Governor Baxter had disbanded the office. Snch issue should be made before the
militia or not? A. I think that in all proba. General Assembly. It is their duty to decide,
bility I would.
and no other tribunal can determine that
Q. Do you know of any positive demand question.
being made upon Gov. Baxter, or statement
(Signed.)
“ L. GREGG.
“ M. L. STEPHENSON.
made to him, that unless he disbanded the
“E. J. SEARLE.”
militia, that opinion would not be filed? A.
I do not personally. I only know from state-
April 15, 1874, by a remarkable
ments of Governor Baxter himself in regard
coïncidence, the anniversary of
to it. He told me that the reason he complied
with that demand was, that he was threatened
the mustering out of Upham, and
that unless he disbanded the militia, he could
the reorganization of the militia
not have the benefit of the opinion.
under Wilshire and Newton, little
John Whytock, de facto Judge of
Q. Did he say that the threat came from it
the Pulaski Circuit Court, called
any member of the Court? A. No, sir;. he
i up the usurpation case of Brooks
made the above statement, after the disband-
against Baxter, at the instance of
ment of the militia. He said the person who
made the threat said, “I am not authorized
Whipple, Benjamin and Burton,
by any member of the Court to make the attorneys of Brooks, in the ab-
statement, but I believe that will be the sence of the attorneys of Baxter,
case."
and caused to be entered the fol-
Q. Do you know who that person was? lowing judgment:
of the Reconstruction Period in Arkansas.
187
“The demurrer filed by the defendant to the counsel, one to correct the entry
complaint of the plaintiff, having heretofore which was granted. another to
been submitted to the Court, and taken under amend the judgment so as to
advisement, and the Court being sufficiently
mcienty show the cause had not been sub-
show thecuse had not heen auh.
advised of the law arising thereon, overrules
mitted, another to set aside the
the said demurrer, and the said defendant fail.
ing to answer, and there being no answer to
judgment, which were overruled,
said complaint, the same is taken for con-
which order denying defendant
M
fessed(!)
leave to amend the record entry,
“It is, therefore, ordered and adjudged, that
that it may show that said cause
Joseph Brooks, named in the complaint, and
was not submitted by defendant
plaintiff in this action, is, and he is hereby or his counsel, and to set aside, the
declared to be entitled to the said office of Gov- plaintiff prayed an appeal to the
ernor of Arkansas, and all books, papers and Supreme Court-where no action
other appurtenances thereto belonging by vir-, could be had immediately.
tue of the election in said complaint men. Meanwhile, as Governor Baxter
tioned.
states in his Herald letter:
“It is also further ordered and adjudged, that
the said plaintiff recover of the said defendant
By an extraordinary coincidence Mr. Brooks
the sum of two thousaud two hundred and
a and his friends were convenient to the scene
eighteen dollars with interest thereon at the 's
of the judgment. Without awaiting the
rate of six per cent. per annum, from this
issue of the writ of ouster, and upon the
date, until paid, also his costs in this behalf
overruling of the demurrer, no moment of
expended, for which he may have execution.”
time being given for the filing of an an-
swer on the merits of the case, these gen-
Laymen as well as lawyers, will tlemen procuring a mere copy of the min-
perceive the clandestine nature,
utes of the judge's action, and, by a second
as well as the unjust character of
coincidence, finding the Chief Justice close
by, had Mr. Brooks secretly sworn as Gov-
this judgment. It was rendered
ernor. The party proceeded without delay to
upon technical “confession" and
the executive office, where, as I have, in a
false statements that the case was
public proclamation remarked, the traditions
submitted. It was made final
of the American people would have rendered
without warning to the defendant it absurd to place an armed guard or even a
or his attorneys. It gave recovery vidette, Mr. Brooks, in person, with an armed
for certain sums of money, without force of a dozen or twenty, took possession of
proof, or inquest of damages, and my room, and I was permitted the alternative
expresses the interest to be re of forcible and unseemly ejection, or of such
covered thereon. Its phraseology
arrest or punishment as he might see fit to in-
is prophetic of its futility. In the
flict. Before I could take measures to reoccu-
very wording of the judgment,
py the State House it was filled with armed
justice was heard interpolating her
desperadoes.
reversal of it. This judgment was “Traditions of the American
followed by motions of Baxter's people" is an eloquent phrase.
188
The Brooks and Baxter War: a History
The friend who advised the policy would be passed over for the week and would
of the first guard on the State not be called,—that was the substance of his
House to protect Baxter from
statement, and that any members of the bar
wanton interference in the per-
who had business in the U. S. Court were at
formance of his duty to the people,
liberty to go there and he would not call their
cases during their absence.
begged him never to disband it
.
wholly, as long as there were rev-
Q. Was that statement confined to jury
cases ? A. I have no recollection of any qual-
olutionary menances against his
ification of the general remark.
authority and the safe keeping of
Q. And that was on the Saturday prior to
the public archives.
. the week in which the decision was given by
But the Governor felt safe in
Judge Whytock in the Brooks-Baxter case ?
the hands of the eminent counsel A. Yes, sir.
in whose hands he had placed his
Q. Did you have any notice prior to the
case, in the guarantees of his en-
rendition of that judgment that that case
emies and the protection of the would be taken up for determination? A.
courts. His attorneys testified No, sir; none whatever. I had no knowledge
before the Congressional Com that the case had been taken up until judgment
mittee in explanation of the tak had been rendered. Mr. Green came into the
ing of the “snap-judgment," as United States Court and informed me that
follows:
judgment had been rendered, and that Brooks
was in possession of the State House. That
E. H. English, sworn and examined by Mr.
was the first knowledge that I had that the
Howard :
case was to be taken up or had been taken
Q. Were you one of the attorneys of Gov-
ernor Baxter in the case in the Pulaski Circuit
Court of Brooks against Baxter ? A. Yes:
By Mr. Rice.
Mr. Compton and myself were the attorneys Q. Was not that case submitted on de-
in that case and no one else.
up.
murrer while you were present? A. I un-
Q. Were you present in the Circuit Court, derstood it was submitted on Monday.
Judge Whytock's court on the morning of the Q. Was not that published in both the
day when the U.S. Circuit Court was to meet papers of the city ? A. I never saw it. I
in Little Rock? A. No, sir ; I did not have have understood since then that there was a
any knowledge that Judge Whytock's court. notice of it in the Republican, but I did not
was to meet.
see the Republican. There was no one in
Q. Were you present at any time when court authorized to submit it; for Mr. Comp-
Judge Whytock made a statement in reference ton and myself were the only attorneys of
to the session of his court during the session record in the case. There had been other
of the U. S. Circuit Court? A. Yes: on the counsel in the United States Court, but we
Saturday before the meeting of the U. S. Cir- were specially retained in that case, with the
cuit Court, I was present when Judge Why- understanding that no one else was to be
tock made his statement from the bench. He counsel in the case.
said that cases in which counsel were con- Q. You were not only the only attorneys of
cerned who had business in the U. S. Court record, but were the only attorneys who took
,
of the Reconstruction Period in Arkansas.
189
any action in the case ? A. It was the dis- saw Mr. Whipple again, and asked him why
tinct understanding that we were the only it had not been dismissed. He said he did
counsel in that case in the Supreme Court and not like to take the responsibility; but that
in the Circuit Court. Mr. Compton and my- some time or other it would be taken up and
self had an understanding with Gov. Baxter dismissed on demurrer, and he would let it go
that we were the only counsel, and that we off that way.
were to get whatever fees were paid.
He tells of other suits of a simi-
Q. What position do you hold ? A.
lar nature that had been dis-
Temporarily, a position as Chief Justice of missed
the Supreme Court, commissioned by Gov.
Baxter. [Commissioned after these events.] Examined by Mr. Rice:
Q. A case can be submitted on demurrer
F. W. Compton, sworn and ex-
without consent, can it not ? A. It is usual
amined by Mr. Howard:
in the practice, so far as I know anything
about it, where a demurrer is filed, the other
Q. Were you counsel in the case of Brooks
side has notice. At least it is a rule among
against Baxter, in the Pulaski Circuit Court?
the lawyers. They do not take up a demur-
A. I was.
rer and submit it when the counsel on the
Q. Did you ever submit or consent to the other side is absent. I know of no such
submission of the demurrer in that case? A.
practice.
I never did.
Q. Did counsel not bring it up once in
Q. When did you first know of the de- court? A. Not so far as I know.
cision? A. A short time after Gov. Baxter
Q. You do not know the fact that it stood
was ejected from the executive office. I knew
upon call for submission? A. I do not. I
nothing of the rendition of the judgment up
had not been attending court.
to that time.
Q. What position do you hold now? A.
Q. Or of the pretended submission of the
case? A. I saw it in one of the papers, the
I am one of the Justices of the Supreme
Court of the State, appointed and commis-
Republican, I think. I had been at Camden
sioned by Gov. Baxter.
very sick. After my return home I went to
none of the courts. I was not able to do so. Gov. Baxter, in his testimony
I saw, however, a few days prior to the de- in regard to that case, when ques.
cision, an announcement in the Republican tioned by Mr. McClure, said:
that the demurrer had been submitted. I
thought perhaps Judge English had been Q. Why did not your counsel answer after
there. I paid no attention to it, and did not the demurrer was overruled ? A. My delib-
go into court at all, and knew nothing of the erate opinion is, that it was because there was
judgment until after it was rendered. Before a clandestine agreement between yourself,
I went to Camden I had a conversation with Judge Whytock and others to prevent me
Mr. Whipple. I was anxious that there might from having an opportunity to do so.
be some disposition of the case, and Mr. Q. Upon what facts do you make that
Whipple promised me that he would have it statement? A. I make it generally from the
dismissed. On my return from Camden I as- characters of the men and the instances
certained that it had not been dismissed. I which occurred.
190
The Brooks and Baxter War: a History
Q. State the character of the men on the Legislature, but I was not willing that par-
which you formed your deliberate opinion? tisan courts should interfere and decide, and
A. I do not care to do that. I do not want I do not intend that they shall do so.
to be personal.
But, as witnesses in their testi-
Q. You made no attempt to appeal ? A.
mony allude to the case in the
I made an attempt, by prohibition, to have
Pulaski Circuit Court, upon which
the decision opened up. Failing in that the
town became a military camp, and I deter-
the Supreme Court decision was
mined to fight it out on that line. I think I
thought to have an important
would have appealed, but for the interference bearing, it will be rendered more
of the military.
intelligible to give first a summa-
Gov. Baxter, in his testimony,
ry of the proceedings in the Pu-
laski Circuit Court. It was upon
also stated in regard to counsel
the disposition of that case that
employed in his case:
the Reformers and their new al-
Mr. Whytock refers to Mr. Williams (Sam. lies claimed the authority to eject
W.) as havii.g been present in the Court at Baxter and take forcible posses-
the time the demurrer was submitted, and sion of the State House. The
says he was generally informed that Mr. following is a rescript of the prin-
Williams was employed by me in that case. cipal steps taken in the Pulaski
I desire to say that I never employed Mr.
Circuit Court, at Little Rock.
Williams in my life to do anything. Mr. The suit had been instituted im-
Williams and I have been always friends and
acquaintances for twenty years, but I never
mediately after the failure of the
employed him, and he had no authority quo Warranto proceedings.
whatever to speak for me in that case.
MONDAY, June 16, 1873.
It is too much the case in Arkansas, of late C ourt met pursuant to adjournment, Hon.
years, that men decide cases on reports and orable John Whytock, Judge, presiding.
rumors and hearsays, and frequently decide JOSEPH BROOKS, Plaintiff, comotintas
them without going into the court house; as I
verily believe this case was decided. But, so ELISHA BAXTER, Defendant.
ELISHA BAXTER, Defendant.
Law.
far from not intending to answer the case on Comes the complainant by Messrs. Whip-
its merits, I have always intended and so in- ple, Benjamin and Burton, and by leave of the
structed my attorneys, to answer on the merits Court files his complaint herein, which said
of the case, and to have an answer prepared complaint is in words and figures as follows,
denying the allegations of the complaint. I to wit:
did not intend to give them the opportunity JOSEPH BROOKS, Plaintiff, I complaint at
of saying that I was unwilling to answer on
ELISHA BAXTER, Defendant)
Law.
the merits. I say now, generally, on this sub-
ject, that it has been my understanding that Joseph Brooks brings this his complaint
the only tribunal on earth which has a right to against Elisha Baxter, and thereupon respect-
decide between Brooks and myself is the Leg. fully shows this Court:
islature of Arkansas. I have given him two . That on the fifth day of November, 1872,
opportunities to decide the question before at a general election duly held on that day in
VS.
VS.
of the Reconstruction Period in Arkansas.
191
the State of Arkansas, pursuant to the Consti-
tution and laws of said State for the elec-
tion, among other officers that of the
Governor of said State, for the term of four
years from the first day of January, 1873, the
said plaintiff received the highest number of
legal votes cast at said election for the office
of Governor as aforesaid; the said plaintiff,
then and there, received for said office a large
number of legal votes, duly and regularly
cast, to-wit: more than forty-five thousand
legal votes so cast as aforesaid; and the said
defendant, then and there, receiving a smaller
number of votes, to-wit: less than thirty
thousand votes for said office; and at which
said election no other candidates for said office
of Governor, as aforesaid, received more than
twenty-five votes.
2. That at the time of said election, said
plaintiff had attained the age of twenty one
years, etc. (stating his legal qualifications).
3. That, the plaintiff is entitled to exercise
said office and to be installed therein, and
placed in possession thereof.
4. That, on the seventh day of January,
1873, the said defendant usurped the said of-
fice of Governor, and has ever since unlaw-
fully exercised the same, and withheld the
same from the said plaintiff.
5. That, since the said usurpation, the said
defendant has received a salary, fees, and
emoluments pertaining to said office amount-
ing to a large sum of money, to wit, to the
sum of three thousand dollars.
6. Wherefore the plaintiff demands judg-
ment with costs:
(1). That the said defendant is not entitled
to said office, and that he be ousted therefrom:
(2). That said plaintiff is entitled to the
said office and to assume the duties of the
same, and to be installed therein, and placed
in posession thereof on taking the oath pre-
scribed by law.
(3). That he may have judgment for the
salary, fees and emoluments aforesaid.
(4). And for all their proper relief.
M. W. BENJAMIN,
R. A. BURTON,
WM. G. WHIPPLE,
Attorneys for Plaintiff.
STATE OF ARKANSAS, L.
COUNTY OF PULASKI. S SS
I, Joseph Brooks, say that I believe the facts
and matter stated in the foregoing complaint
to be true. (Signed) JOSEPH BROOKS.
Subscribed and sworn to before me this 16th
June, 1873.
W. F. BLACKWOOD,
Clerk Circuit Court.
The filing was indorsed “Filed in open
Court June 16th, 1873," and summons issued
this 17th June, 1873, and returned served on
defendant by W. S. Oliver, Sheriff, the same
day.
There were no further proceed-
ings, in this case, at that term of
the Pulaski Circuit Court, in view
of this action of the Supreme
Court in the quo warranto case.
The Supreme Court decision, it
was inferred, would be filed and
would control the Circuit Court in
the determination of the. usurpa-
tion suit, in that subordinate trib-
unal. But, at the October term,
upon the arrangement entered in-
to by Clayton that the Supreme
Judges would file their decision,
Baxter having disbanded his mili-
tia in pursuance of that arrange-
ment, there was yet no decision of
the Supreme Court made of rec-:
ord. Baxter's attorneys saw prop-
er to enter a demurrer in the case
in the Pulaski Circuit Court. So
192
The Brooks and Baxter War: a History
at the October term, 1873, of the an office or franchise, te which he is not enti-
Circuit Court they filed the follow- tled by law, an action, by proceedings at law,
ing demurrer to the plaintiff's
may be instituted against him, either by the
(Brooks') complaint on the 8th
State, or the party entitled to the office or
franchise, to prevent the usurper from exer.
October
cising the office or franchise.
The defendant demurs to the complaint Section 5752. Where a person is adjudged
herein, because it appears upon the face of the to have usurped an office or franchise, he
complaint, that the Court has no jurisdiction should be deprived thereof by the judgment
of the subject of this action.
of the Court, and the person adjudged entitled
Wherefore the defendant prays judgment thereto reinstated therein, but no one shall be
that the plaintiff be debarred from maintain adjudged entitled thereto unless the action is
ing said action.
instituted by him. And this court shall have
power to enforce its judgment by causing the
At a subsequent day of the term,
books and papers and all other things pertain-
the cause was continued on mo-
ing to the office or franchise, to be surrendered
tion of the plaintiff, Brooks. The
by the usurper, and by preventing him from
case now stood upon demurrer, further exercising or using the same, and may
which is held to confess the truth enforce its orders by fine and imprisonment
of the allegations of the com- until obeyed.
plaint, but if overruled, the de- Section 5753. Declares the usurper liable
fendant may then answer and deny for fees and emoluments to the person entitled
the truth of the matter alleged-a to the office or franchise.
perilous attitude, until the answer T he Brook's lawyers contended
is filed.
that denial of jurisdiction by the
The statute under which the at- Supreme Court in the quo war-
torneys of Brooks brought this ac ranto proceedings would not apply
tion, in the Circuit Court(it being to a case brought in an inferior
remembered that Whipple was the court under this statute against a
partner of Yonley, the Attorney usurper, even if the decision of the
General, who instituted the quo Supreme Judges had been prop-
warranto proceedings), was con- erly signed and entered of record:
tained in Gantt's Digest of the that the case in the Circuit Court
Statutes of Arkansas, in force at could not be disposed of on de-
the time, and is still the law. murrer, since the fact of a previous
contest decided between the par-
Section 5745. In lieu of the writs of scire
facias and quo warranto, or of an information
ties must be made to appear in the
in the nature of a quo warranto, actions by Pleading as a bar by way of answer.
proceedings at law may be brought to vacate
The Baxter lawyers took the
or repeal charters, and prevent the usurpa- ground that the statute was opera-
tion of an office, or franchise.
tive in the cases of other offices
Section 5748. Whenever a person usurps than that of Governor of the State,
of the Reconstruction Period in Arkansas.
193
but not operative in a contest for spoke by authority from me? A. Only this:
the office of Governor. The com- that the crisis, as between you and myself and
plaint showed a gubernatorial
other politicians was approaching a point
contest; the Constitution, which
where I suppose you did not feel at liberty to
was higher than the statute, gave
speak to me on a matter of that sort as you
had done.
exclusive jurisdiction of such a con-
* * * * * *
test to the General Assembly.
• Q. Give me the name of that person who
The decision of the Supreme
assumed to be my agent? A. Asa Hodges.
Court, if properly entered, would
Q. And the time? A. I do not recollect
declare that neither that “nor any
the time, but it was during his visit to Little
Court in the State" had jurisdic-
Rock, some time preceding your visit in com-
tion to determine a contest for the
pany with Senator Dorsey.
office of Governor, and would be
Q. I have also seen it stated in some papers
binding on all the courts of the
that another reason for the rupture between
State. Judge Gregg's opinion did
yourself and me was because you declined to
not go to the extent of saying issue bonds to me? A. I never considered
that “no other court could exer- that as a reason for our unfriendly relations.
cise jusisdiction."
Q. Did you ever decline to issue bonds to
Governor Baxter was examined me? A. Never to you.
by Senator Clayton afterwards, 0. Did I ever make application for bonds
before the Congressional Commit- to you? A. No, sir.
tee. He testified as follows, p. * * * * * *
424:
Elisha Baxter recalled. Exam-
Q. In your letter to the New York Herald, ined by Mr. Wilshire :
I see that you speak of a person who assumed,
Q. State what it was that produced the feel-
as you say, to be an agent of mine. I infer
ing of disrespect which you entertained to-
that he must have been at Little Rock about
ward the Legislature? A. It was their general
the time I was here? A. No, previously
bad conduct.
Q. Do you intend to convey the idea that
Q. Was there any combination formed by
this person visited you previously to my arri-
a portion of the Republican members which
val in Little Rock ? A. Yes.
you regarded as dishonorable ? A. Yes, two
Q. Did that person show you any author of the members of the House told me that
ity from me? A. No, sir.
eleven of them had combined with the view of
Q. Did you consider that he really had preventing the passage of any bill unless they
any authority to speak for. me? A. He spoke pleased to allow it to go through. That was
as if he was speaking for you and Senator one instance. I understood them to mean,
Dorsey, and I understood him to include other though they did not say it in so many words,
prominent men in Little Rock and Washing that they had combined to let nothing go
ton City.
through unless they were paid for it.
Q. Had you any reason from my past in- Q. Do you know that there was an effort
tercourse with you to judge that that person made to pass a bill for the purpose of paying
194
The Brooks and Baxter War: a History
claimants for militia services in the militia
operations of 1868? A. I do not know that
it was ever introduced. I know that it was
talked of a good deal by members. They
seemed to be willing to act in a manner which
dishonor,
sented that there were eleven of them in com-
bination ? A. One of them was Mr. Joce-
lyn, a representative from Chicot, I believe.
The other was Jacob Chapline.
Q. Did they state the names of the other
nine members ? A. They did not.
Q. When was this? A. It was during
the Legislature of '73.
the
McClure had never ceased to
ridicule Baxter's assertion that he
would be the Governor of the
State, not of a party, as hypocrit-
ical and quixotic.
The testimony which Asa
Hodges offered to the Congress.
ional Committee, and which Bax-
ter denounced as false, was as fol-
lows:
able. Governor Hadley once told me in a
conversation complaining of my course, and
which I attempted to explain to him, that
“he did not object to my politics, but I
should let the boys make some money."
Judge McClure, on one occasion, speaking of
what is here termed the “railroad steal bill,"
said that “they" (he did not say who) after
some reflection and conversing, “had a pool
of $1,300,000 in bonds made up for the pur-
pose of carrying that measure, and that they
intended to carry it.” Mr. Asa Hodges once
proposed to me that he would blackmail Sen-
ator Dorsey $10,000 in my favor for my sup-
port of him for Senator.
Mr. Asa Hodges, interrupting: “That is a
lie !"
Mr. Baxter: “You are another liar, sir!"
Mr. Ward, chairman, called both gentlemen
to order.
Mr. Baxter: Mr. Hodges has sworn false-
ly against me to-day, and I claim the right to
say so. Mr. Asa Hodges, on another occa-
sion, when I was speaking of the inconveni-
ence of bringing my family to town and suge
gesting a State executive mansion, proposed
to me that he had a fine house which would
answer, and which he would sell for $20,000.
That he would get through an appropriation
for $30,000 or $50,000, and I should have the
balance. Mr. Hodges was a member of the
State Senate. I could tell a great many in-
stances of the kind, but these are the promi.
nent ones.
By ex-Chief Justice McClure:
Q. I would like you to state the names of
the two members of the Legislature who repre-
I wish to state that if Gov. Baxter under-
stood me as representing myself as the agent
of Senators Dorsey and Clayton for the pur-
pose of interviewing him on any subject, he
was mistaken. I made no such representa-
tion and did not intend to convey any such
idea to him. A good deal transpired between
Gov. Baxter and myself on that occasion. I
stated to Gov. Baxter that at the request of
Senators Clayton and Dorsey I had called to
see him for the purpose of inquiring whether
or not he desired that they should secure an
appointment for Mr. Brooks, in order to get
him out of the way in the contest. He said
that he had desired that Mr. Brooks should
have an appointment of some kind or an-
other, but had become indifferent about it.
He had thought at one time, he said, of going
to Washington to assist in procuring such an
appointment, but he had concluded to have
nothing more to do with it. A good deal took
place between us which it is not necessary to
now detail. During the conversation, how-
ever, he said he had grown sick and tired of
of the Reconstruction Period in Arkansas.
195
rnor.
being Governor of the State, and that a propo- should have an appointment, I did not choose
sition had been made to him to take a Fed- to take any part in it myself. I ask Mr.
eral judgeship and a competency and resign; Dorsey whether I did not write to him to that
that he had thought of doing it, but that it effect ?
had become necessary, in order to vindicate Mr. Dorsey: Yes, sir.
himself, to decline the proposition, and to The position of Governor Bax-
serve out his time as Governor.
ter, at this juncture, would have
I said to him that I had no doubt that if he
discouraged many men. Those
desired he could still get that judgeship, pro- who had placed him in power had
vided there was a vacancy. As to making
fallen away from him like leaves
him a proposition to give him a judgeship
in autumn. Their methods of se-
and a competency, it never entered into my
head. I had only one idea in going to see
curing his election had necessari-
him, and that was for the purpose of getting ly reflected upon and made him
his assistance in procuring an appointment an object of suspicion to a large
for Mr. Brooks, so that we might get Brooks body of the people, who had
out of the State, and prevent any future been bred to expect fairness in
trouble in a contest and in the suit then popular elections. The leaders
pending in court. I had no idea of making and partisans of Mr. Brooks pub-
any proposition to him, and did not intend to
licly pronounced him to be as un-
licly pronounced him to 1
be so understood. He said to me: “You scrupulous as his associates, and ·
know, Hodges, I have said to you on one or
a willing recipient of their corrupt
two occasions, that I have no objection to
making money, if I can make it in such a way
practices. As a Republican, Dem-
ocrats mistrusted him, or prudence
as I will not be caught at it,” or “will not
criminate myself,” or something to that effect.
dictated they should hold them-
Mr. Baxter, interrupting: That is false. I
selves aloof. Mr. Sayler, one of
never said any such thing.
the Congressional Committee,
Mr. Hodges: On one or two occasions
said, when Baxter was testifying
you have made statements of that kind to me. before them:
We continued our general conversation and I Q. The thing that puzzles me about the
bade him good morning and left him.
whole affair is that there seems to have
Mr. Baxter (to the Committee): My con- been in some way an almost entire overturn.
versation with Mr. Hodges about the money They very men who elected Baxter, or who
matter was this: I said that I was as anxious counted him in, seem to be now the men who
to make money as any man, and that I needed are opposed to him, or to whom he is opposed;
it, but that I would not consent to make it un- while the men who opposed Brooks, seem now
less I could do it honorably. In regard to the to be in Brooks' favor. How is this to he ex-
matter touching Mr. Brooks, I have been fre- plained? What is the secret of this thing ?
quently asked if I did not wish Mr. Brooks to
If Mr. Sayler had read Gover-
get a Federal appointment, and I believe Mr.
Dorsey will do me the justice to say that I
nor Baxter's letter in the New
wrote a letter to him on the subject, saying York Herald, and dispatches sent
that while I was willing that Mr. Brooks that paper prior to the publica-
196
The Brooks and Baxter War: a History
tion of that letter, supported as County; Davis was appointed Assessor of .
they were by the testimony which Sebastian County; Fox was appointed Circuit
was daily offered to the Commit- Judge ; Grissom was appointed Assessor of
tee, he was certainly wanting in
Phillips County; O.S. Hawkins was appointed
penetration and understanding.
Clerk of Howard County; Havis was ap-
pointed Assessor of Jefferson County; J.H.
McClure, Liberty Bartlett, Coo-
Johnson was appointed Assessor of Woodruff
per, Stephenson and John M. Co
1. County; McGehee was appointed Prosecut-
Clayton testified, that they dis ing Attorney of the Tenth District, I think;
owned him now, and “ceased to Merritt was appointed Assessor of Bradley
regard him as a good Republican, County; Millen was appointed Supervisor of
when he began to appoint Demo Ouachita County; Nunn was appointed As-
crats to office." When Cooper sessor of Van Buren County; Page was ap-
was asked to state whether Dem pointed Circuit Clerk of Hempstead County;
crats of the House, of which he
Robinson was appointed Assessor of Monroe
was clerk, were appointed to of-
County; Sheppard was appointed Prosecuting
fice by Governor Baxter he an-
Attorney of the Pope Circuit; Shepherdson
was appointed Assessor of Hempstead Coun-
swered:
ty; Kent was appointed Circuit Judge; J. M.
I made a list of them, which I now have Murphy, Supervisor of Pulaski County; Mc-
here. McVeigh was appointed Prosecuting Leod, Sheriff of Dorsey County ; Marshall,
Attorney for the Mississippi Circuit; Robert- Supervisor of Howard County; Stewart, As-
son was appointed County Superintendent of sessor of Lee County; Turner, Sheriff of
Public Instruction for Calhoun County ; Lynn Faulkner County; Warwick, Chancellor of
was appointed Assessor for Jackson County; · Pulaski County; A. M. Hawkins, Supervisor
Latta was appointed Prosecuting Attorney for of Little River County; Furbush (colored),
the Fifteenth District. I think Harley was ap- Sheriff of Lee County; Kingston was ap-
pointed Superintendent of Public Instruction pointed Circuit Judge. I think there were 28
for Dallas County.
Republicans and 5 Democrats appointed to
office, by Baxter, out of the Legislature.
By Mr. Ward.
Governor Baxter, in answer to
Q. Those appointments were made by
the question asked by Mr. Sayler
Baxter, after he became Governor? A. Yes,
of the Congressional Committee,
said :
By Mr. Rice.
Judge McClure says, speaking of me, “He
Q. Can you tell what Republican members commenced the appointment of Democrats to
of the Legislature were appointed by him? office.” In regard to that I desire to say this:
A. Yes, sir, I have got a list of them: Chas. A good portion of the time that we were can-
F. Brown was appointed Treasurer of St. vassing, Senator Clayton was with me. In the
Francis County; Corbell was appointed Sher- northwest, I came across a young man who
iff of Howard County ; Coit was appointed was partly raised in my own county, a prom-
Circuit Clerk of Ouachita County: Copeland ising young lawyer, up there. I suggested to
(colored) was appointed Sheriff of Crittenden Senator Clayton that if he thought it would
sir.
of the Reconstruction Period in Arkansas.
197
k, women kansas, white and
not work injury to the cause, I would like to as the railroad steal bill? The
appoint that young man, Mr. Peay, Prosecu- farmers of Arkansas, white and
ting Attorney, and he consented to it. Of black women and children, were
course I was not compelled to ask his con-
working barefooted, living upon
worki
sent, but I did ask it. I also told him that as
insufficient diet, already plundered
my own successor as Judge, if I were elected
to destitution. Yet their scanty
Governor, I would appoint Mr. Butler, to
which he consented. I also told him I would stock and stores were to be fur-
appoint Mr. Harrell, Prosecuting Attorney of
ther taxed to release great corpo-
this circuit, a pleasant affable gentleman, rations froni indebtedness, and
although a Democrat, and to that Senator interest thereon at eight per cent,
Clayton also consented. With these excep of millions, and to pay interest on
tions, I do not know that I had appointed bonds sold by such promoters as
other Democrats to office, at least until the Tosiah Caldwell, in New York and
breach had become widened between us. London, for fifty or sixty per cent
These were consented to by Senator Clayton,
of their face value, in order that a
who was the representative man of the Repub-
horde of idle strangers, without
lican party here. I will say further that before
right, or merit, should live in vi-
finally making these appointments, I called
the Republican Senators together and sug- cious indulgence.
gested to them that I intended to appoint Baxter stood alone, exposed to
these men. As I now remember, every Re- the temptations of Dorsey, the
publican Senator was present except Mr. deluding suggestions of Asa
Duke, and he was absent from town. I did Hodges, the object of the con-
not name them all. There was no dissent attemptuous vituperation and men-
all expressed. Thereupon I sent in the name
aces of the Republican, and super-
of Mr. Butler for Judge of the Circuit Court,
cilious criticism of the Gazette.
and so far as I know he was unanimously
The people were slowly realiz-
confirmed by the Senate. Judge McClure
says that "he opened upon me in his paper."
ing Baxter's attitude. They were
So far as I know, when Tudge McClure did asking: Where now stands the
open upon me in his paper, I had not made a
“Reformer” Brooks, our
Democratic appointment.
“ Boanerges with his threats of doom, and
The war on Gov. Baxter was loud-lunged anti-Babylonianism ? "
waged because he did not act Cheek by jowl with “ the thieves"
upon ex-Gov. Hadley's hint, when with whom he threatened to fill
the latter said: “Baxter, I have the jails and penitentiaries “until
no objection to your politics, but their legs and arms should stick
you should let the boys make out of the windows." The first
some money.” What money? plan of this strange coalition of
The money that was to be wrung Brooks and McClure was the le-
from the hard hands of an impov gitimate and apparently feasible
erished people, by such measures one of reopening the contest of
198
The Brooks and Baxter War: a History
Brooks before the General Assem- the petition, made a truly eloquent
bly. This movement was inau- speech:
gurated, accordingly, on the 19th
At whose wish is this contest now asked
of April, when Representative
to be allowed ? Not by the Democrats, all of
Thrower, Democrat, of Ouachita
whom had most strongly urged Mr. Brooks
County, presented to the House
not to bring the subject into the House at this
the petition of Joseph Brooks, late day. No! The patrons of this move-
asking the right to contest the ment are the very men who, in the late can-
seat of Elisha Baxter as Governor vass, had exhausted the vocabulary of bill-
of the State. This step gave a ingsgate for epithets of abuse and reproach to
serious aspect to the state of af- lavish upon the present petitioner. The men
fairs, and set people to thinking.
who now favor this measure are those who
The public conclusion in regard
loudly swore that Baxter was elected by a
to it was expressed in the Gazette's
most decided majority; men who with a kind
of imperial authority declared that no investi-
article of the 22d of April, entitled
gation should take place, but made the claim
“Governor Baxter's fight with the
of the "Old Brindle Bull” a subject of their
Ring.” The article read as fol-
sneers and witticisms.
lows:
Hence we, on this side of the House, are
People living outside of the Capital and not found, almost to a man, opposing the petition
acquainted with the inside workings of the as unwise and inopportune. We all know,
ring politicians of this city, can hardly form a from the evidence of our senses, that a tre-
conception of the nature of the fight which mendous pressure has been brought to bear
Gov. Baxter is making against the ring of against Governor Baxter, to force him to ap-
desperate political plunderers who have con- prove certain measures destructive of the ma-
trolled this state in the name of Republican- terial interests of the people of this State.
ism for the last five years. The announce-
We have found him firm and immovable, un-
ment that he would be impeached if he should dismayed by threats of impeachment or of
veto the railroad bond release bill, and other being dismissed by this Assembly from office.
kindred neasures for wrecking the property Cunningham, of Izard, made an
and crushing the liberty of the people of this
able speech against it.
State, has developed the secret of the ani-
The request to present the peti-
Inosity of the most powerful “ring” that ever
tion was rejected by a vote of 63
cursed a State.
to 9- many of the Minstrels,
The bringing on of the petition of Joseph
knowing the temper of the House,
Brooks, asking to contest the right of Baxter
voted with the Democrats against
to the executive office is a movement on the
it upon the call for the ayes and
part of the very men who put Baxter in that
position, and who lately denounced Brooks in
nays.
On the 27th of April, about
the vilest terms.
midnight, as the Legislature was
Representative McVeigh, in op about to dissolve, the Senate
position to the motion to receive passed the Railroad Release
of the Reconstruction Period in Arkansas.
199
(steal) Bill, in an amended form, before the Congressional Commit-
leaving off the provision requiring tee, alluded to the great embar-
a levy of three mills in currency. rassment which omission to file
It was immediately sent to the and enter the decision on the
House where its authors were con- quo warranto proceedings caused
fident of its passage. But the him.
House, about half an hour previ-
Examined by Senator Clayton.
ous to adjornment, took the bill
up and defeated it. And so this
Q. I wanted you to disband the militia; to
muster all out--Democrats and Republicans ?
A. Yes.
In his testimony before the Po-
Q. On the ground, first, that the militia
land Committee, Governor Baxter was unnecessary : second, that the disband-
corrects an amusing misapplica- ment of the militia would produce a feeling
tion of language used by Brooks, among Republicans that the militia was not in
his oppenent in the gubernatorial the hands of men who would persecute them?
canvass. He said, “Mr. Burton A. Yes, you talked a good deal in that way,
quotes me as saying that the pen- but you finally demanded it of me.
itentiary should be filled so full of Q. Demanded it in that way: that the
legs would stick out of the win-
dows. It was Mr. Brooks who
made that remark, and repeated it
frequently.”
Mr. Burton: “ That was a typo-
graphical mistake in my testimo-
ny. I meant Brooks, not Baxter."
Gov. Baxter, in his examination
before the Congressional Commit-
tee, was asked by Mr. Howard:
Q. Do you know whether at any time
during the difficulties instigated by Mr.
Brooks and his friends, Mr. Brooks made any
statement in regard to what he would do if
he succeeded in his attempt to get possession
of the government. I call your attention to
a public statement made over Mr. Brooks'
signature and published in the New York
Herald? A. I never had any direct com-
munication with Mr. Brooks since November,
1872, either written or verbal.
Gov. Baxter, in his testimony
done unless that (disbandment) was done ?.
A. You finally demanded it of me with an
oath. You said that it must be done, or that
I would never have the benefit of the quo war-
ranto decision!
Q. How could I say that, when the decis-
ion had been rendered ? A. It had been
rendered, but it had not been filed.
Q. Could that have affected the quo war-
ranto decision? A. I think that the judges
would have refused to file it, and there would
have been no evidence of it. I thought it im-
portant to have the decision spread upon the
record. I say, however, in the main, that you
have treated me kindly until this thing com-
menced. * * * But I will tell you
frankly (and I hope you will excuse me, for I
am under oath) that I never did think the ar-
rangements (to have decision filed, as the
consideration of his disbanding the militia)
was sincerely entered into, and I do not think
so yet.
There nowhere appears in the
200
The Brooks and Baxter War: a History
records any testimony of Judge Johnson, to make a separate organization ?
Whytock or Mr. Whipple.
A. Yes, sir.
Senator Clayton appeared vol- Q. Was it the effort of yourself and others
untarily before the Poland Com- who supported Baxter, to prevent that? A.
mittee of Congress and testified We did not desire anything of the sort.
as follows, p. 452:
Q. You very strongly desired that it should
I desire to say, that I never authorized any
Q. Do you know any means through
person-Mr. Hodges or any one else—to make
which the bottom dropped out of that move-
a proposition of the character alluded to in
ment? A. There was a little coquetting on
Governor Baxter's statement as published in
that subject between some Democrats and
the New York Herald.
myself.
Questioned by Mr. Baxter.
Q. That coquetting I want to get at. State
Q. Do you know that Mr. Hodges never
made such a statement? A. I do not know
state all about it. I had a good many conver-
anything about that. He says he did not. I
sations as to the policy which should prevent
only desire to say, that every proposition of
the organization of two Legislatures. How it
that character by which I was approached
was to be brought about I do not remember
looking toward your resigning, or getting out
exactly, but I recollect Smithee coming to me
of the office of Governor, I always set aside about
as a thing not to be thought of at all.
Q. Who was he? A. He was connected
with the Gazette. I believe he is some kind
This was all the testimony of-
of a State officer now, through appointment of
fered before the Poland Commit-
Governor Baxter. The Gazette was at the
tee by Powell Clayton, p. 211.
time opposing two legislative organizations.
John McClure testified, at con-
The congressional certificates had not been
siderable length before the com- issued, either to Gunter or Gause (Democrats),
mittee. After testifying that, as or to Wilshire and Hodges (Republibans), by
Chairman of the Republican State Governor Hadley. Smithee said he wanted
Central Committee, and for the Gause and Gunter to have their certificates :
use of the Little Rock Republican, said if they could get their certificates, this
he had obtained, at the office of proposition of making an outside organization
Governor Hadley, from time to of the Legislature by the Brooks men would
time returns of the election of
be defeated. Well, that was something tang-
ible, I asked about how many of the Brooks
1872 and on that point only, here
men he could control. My impression is
omitted, he was asked the follow-
that he said something between from eighteen
ing question by Mr. Rice, p. 212: to twenty-three.
Q. It was your understanding that there Q. You mean that eighteen or twenty-three
was an effort made on the part of the Brooks members, who Johnson, the Secretary of State,
men, to get the men who were elected on the had puton ihe roll, could be taken into your or-
same ticket with Brooks, those who were re- ganization ? A. Yes, Democrats, I call them.
turned and those who were not certified by Smithee seemed to have some idea in his
of the Reconstruction Period in Arkansas.
201
head that if I could stave over the issuing of his testimony is omitted here.
the certificates during Hadley's term, Gause The cross-examination was con-
and Gunter would have no difficulty in get- tinued.
ting their certificates from Baxter after his
inauguration. I said I thought that could be Q. With reference to the apprehended dan-
done. A night or two before Hadley's term ger of a separate government being established
was to expire, Smithee and Gause came to me here by the organization of another Legislature
in a room in the Metropolitan Hotel, or at all outside the State House or elsewhere, state,
if you know, whether Mr. Hadley, the then
Smithee seemed exercised about a conversa acting Governor, was not apprehensive of the
tion he had had with Governor Hadley. He same danger ? A. I think he was.
said he was afraid that Hadley was going to
Q. What do you know about an arrange-
ment to have a regiment of U.S. Soldiers sent
went out of office.
here to preserve the peace at the installation
Q. To whom was he going to issue them ?
of the new government? A. My impression
A. To Wilshire and Hodges. I told him I
is that some representation was made to the
did not think there was any danger of that. I President, that there was likely to be difficulty
said, I will go and see Hadley about it. I here.
have no idea that he is going to do it, but I
Q. Who made it, whether Governor Had-
will go and see him.
ley or some other influences ? A. I do not
Q. Did you succeed in hedging over Had know. I only know that a regiment of U.S.
ley's giving the certificates ? A. Hadley did
soldiers came here about that time. (More
not give the certificates.
questions and answers about the troops).
Q. Did they furnish the eighteen or twen-
Q. Were you connected with any newspa-
ty-three men whom they agreed to have go
per at that time, if so, in what capacity? A.
into your Legislature ? A. They all went in. I was president of the Little Rock Printing &
Q. They took the thing from us (Reform Publishing Company, which was publishing
ers)? A. They burst the thing up.
the Little Rock daily and weekly Republican.
. Q. And that explains the falling through O. Were you the editor of that paper at
of the proposition for a separate organization that time? A. I do not know that I was
of the Legislature ? A. I do not know that
really its editor, but I wrote a good many ar-
that explains it. I am only stating what I do
ticles for it.
know.
Q. Did you not write editorials for that
This evidence discloses the vigi-
paper, at the time of the organization of the
lant action of the Democrats to
Legislature,and for some time afterwards,stat-
ing it as your opinion that Mr. Baxter was
secure their rightful representa-
elected. A. I am offering a reward for any
tion in the National Legislature.
editorial in which I ever announced the fact
Baxter, however, refused to issue that Baxter was elected.
the certificates. Judge McClure
Q. Did not editorials of that character ap-
continued his testimony as to the
pear in that paper ? A. That may have been
returns, on cross-examination by so, but I had no supervision over the general
Mr. Wilshire, and on that point editorials of the paper. I wrote when I felt
14
202
The Brooks and Baxter War: a History
like it. If I did not supply editorials, some- purpose of organizing the Legislature in the
body else did, and I did not see them until I Capitol. In order to prevent a thing of that
saw them in print.
kind, I thought it a matter of precaution. I
O. Did you contribute, or think you con would, under similar circumstances, again
tributed toward inducing Mr. Hadley not to put a guard over the State House to hold it.
issue certificates of election (to Congress) of this, with a few additional an-
Asa Hodges and myself? A. I do not know
about that.
swers to Mr. Rice's questions,
Q. Did you ever have a conversation with
which, eliciting nothing positive,
completed the testimony of Judge
him on the subject ? A. I had a conversa-
tion with Hadley, in which I stated to him
McClure before the committee.
that if these certificates were withheld, Smithee
The ex-chief justice was not ex-
had said he would do what I have already amined as to the disposition of the
stated.
orders of the State Supreme Court
O. Do you not think that the non-issuance in the quo warranto case, or as to
of those certificates by Mr. Hadley was the administering the oath of office to
result of your information and advice, that you Mr. Brooks.
might capture these Democratic members of Soon after the oath of office
the Legislature? A. It may have been, or it was administered by McClure to
may not have been.
Brooks, upon the snap judgment
Q. What do you think about it? A. I of Whytock, Brooks, with a body-
would not be surprised if that had something guard of his immediate friends,
to do with it.
entered the executive office, where
By Mr. Ward (member of the Gov. Baxter was seated, attended
committee):
only by his son. Brooks, Catter-
son, James L. Hodges, Toot Dil-
Q. Did Hadley issue the certificates at all?
lon, a son of Mr. Brooks, and An-
lon
A. No, sir, not in these two cases.
derson, short-hand reporter, en-
Witness was then asked about tered together at one door, while
Baxter's appointment of Demo- a larger party, unseen by Baxter,
crats to office, but named fewer filled a room that communicated
such than had been named already with the Governor's private office.
by Mr. Baxter in his testimony. Oliver and Cutter made their way
He was re-examined by Mr. Rice to the empty armory. Mr. Brooks
as to the military around the State addressed Baxter in a severe tone,
House when Baxter was inaugur informing him that he had quali-
ated.
fied as Governor before the Chief
Justice, and had come to enter
approve of it now, as a political move? A. upon the discharge of his duties
It was rumored at that time that Mr. Brooks as Governor. He demanded the
friends were likely at any moment to make a books and papers of the office, as
raid on the State House, and to take it for the a right which he only might exer-
u meant
would not dis
of the Reconstruction Period in Arkansas.
203
cise, and forbade the removal of under “Gov.” Brooks. The mi-
anything pertaining to the office. litia General Newton, and subor-
Catterson said that he would dinates, heretofore appointed by
be at liberty to leave the office Baxter, immediately mustered the
unmolested, unless he offered re- regularly organized “forces” in
sistance, in which case force would the city, and issued orders to those
be used to expel him, or to place of adjacent counties to march with
him in military custody. The least possible delay and place
retiring Governor confronted this themselves under the Governor's
unexpected intrusion calmly. As command at the State Capital.
he rose from his seat he said that The Governor, under escort of the
he was alone, he had no means of students of. St. John's College, a
resistance, and could only protest military institute in the city, first
against this lawless invasion of the took up headquarters at the col-
office of the State executive. lege, but subsequently returned to
There was nothing left but for the Anthony House, which was in
him to retire and submit to force the second block east of the State
and violence, against which he House.
had been guaranteed by repeated
assurances of the men who were
EIGHTH PAPER.
now putting Mr. Brooks forward,
when all lawful means had failed.
“O, you poor cat’s-paws of spite,
He submitted to indignity for the
Ain't there 'nough things for to fight?
present, but to such violent usur-
Ain't there rust, an' tempest, an' blight-
pation of his office he would never
Ain't there misery sore ail' deep?
submit willingly. Accompanied Ain't there ignorance an' wrong
by his son, he passed out of the An' what woes to them belong
State-house yard and walked But that you must fight each other 'bout
slowly down Markham street to
A brindle calf and sheep?"
the Anthony House. No one
-Will Carleton.
meeting him would have supposed “A spy-a spy," were the words
that anything unusual had hap- he heard, and turned quickly to
pened to him.
learn whence they emanated. He
Before night, as he has testi saw that there were a number of
fied, “the city was an armed armed cadets in the hall—but all
camp.” The “Minstrels” and of them wore an expression of
“Brindles” collected all their lamb-like innocence. He was a
“forces” in the State House and long time citizen”-an old set-
acted in unison to convert it into tler, and yet not old in years, and
a military stronghold,“ Gen.” Cat- had for, a companion a dapper
terson taking military command youth who was a stranger. . They
204
The Brooks and Baxter War: a History
had been up to the recitation Newton, seriously, “and tell them
room of St. John's College to call to let you out, both of you."
on Gov. Baxter. As they were With some question in his mind
about to pass out through the how this simple message would be
gothic doorway, which was the received, but without another
main entrance to the building, the word, the citizen went down. He
cadets, standing guard, barred repeated the order that had been
their exit with locked bayonets. given him. Without further par-
It was then that the words were ley he and his companion were
spoken that excited the citizen's permitted to pass out.
attention.
At the foot of the high steps
Peay, who commanded the cadets. the citizen hesitated, and saying
“Say, wot's the kids' racket?” to the young man, “Wait here a
“They have orders not to let minute, I wish to see the mug and
you pass," said the officer, firmly ask him what worked the kids,"
but blandly.
he went back, and seeking the
“T' 'ell !” exclaimed the citizen commandant, addressed him :
with a puzzled look. “I'll see “Say! give us the tip about the
wot ails 'em," and turned back up ''spy!"
stairs, leaving the young stranger “Oh,” said the Major. “The
below.
word was passed that your friend
He saw the Governor still quiet- was a spy from the State-house
ly conversing with Gen. Newton, crowd, and then I got orders not
seated on a plain, unpainted to let him out without an investi-
“ form,” or school-bench, too nar- gation.”
row for a seat of a person of the “And I am a chump?" asked
Governor's proportions, and too the citizen, sarcastically.
low to be comfortable. It was “No, it seems you are not, as
the only piece of furniture, except you got out,” replied the Major,
a few others like it, and the Gov- laughing.
ernor and the General were the The citizen and his companion
only persons he then saw in the passed on across the campus to
room: chilly with its bare floor, the entrance of the United States
bare, plaster walls and broken Arsenal grounds, in the city sub-
window-panes..
urbs. In the arsenal the State
“Governor, they stopped us at arms were stored-fifteen hundred
the door,” said the citizen. “The stands of rifles, perhaps some can-
kids: they said they had or- non. It lay some few hundred
ders.”
yards west of the college, was sur-
“Go down,” interposed Gen. rounded by spacious grounds,
of the Reconstruction Period in Arkansas.
205
filled with noble trees, which were formulating the dispatch. The
putting on Nature's passementerie citizen wrote and the reporter
of opening buds and stamenifer- copied. It was not long until the
ous tassels. It was drizzling rain. citizen saw it in the hands of the
The visitants chose their way right man at the office of the tele-
through the grounds for the sake graph company, which was close
of the protection the trees af- at hand.
forded against the shower. There About dark the citizens were
were a few United States infantry- aroused by music and shouting at
men lounging about the barracks, the Anthony House. It was the
and a sentinel at the front gate. return of Gov. Baxter and Gen.
A city hack was standing at the Newton to the Anthony House
gate, and this the two pedestrians from St. John's College. Files of
were lucky enough to procure to the, cadets marched in front and
take them back to town.
rear of his carriage. Citizens fell
The youth was the 'telegraphic in behind it and formed a rapidly-
reporter of the New York Herald. increasing escort until the pro-
Him the citizen had found and en- cession reached the old hotel.
gaged to send his first “special” The gathering crowd greeted the
to the Herald, giving an account Republican official as he alighted
of Baxter's expulsion from the ex- with cheers and cries of “Hurrah
ecutive office, as the citizen should for Baxter;" “Good-bye, Old
frame it. The youth declined, at Brindle;" “Down with Clayton
first, unless the Governor himself and Poker Jack;" “Theives to
· should write it. But he compro- the rear," and the like. Consery-
mised on being assured that he atives, who had been zealous sup-
should see the Governor, and be porters of Brooks, now came up
requested by him to send it writ- to Baxter, congratulated him on
ten as the citizen should instruct his fidelity to his duty, and
him. He was fancifullŷ attired, pledged him personal and mate-
had been seen moving among the rial aid.
Brooks people, perhaps, by some They said it had come to a
of the college "kids,” and was question of enslaveinent and im-
mistrusted by them. Hence the poverishment under negro rule, or
cry he had heard in the college American citizenship, growth and
corridor. He did not speak of it. enterprise. These were to be ut-
When the two reached a room terly struck down by a system
where there were writing materi- which proposed riot in oppres-
als, gas and fire, which the humid sion, vice and crime.
day rendered comfortable, they On the 16th of April, just pre-
addressed themselves at once to vious to his moving his quarters
206
The Brooks and Baxter War: a History
from St. John's College, Gov. It will be the first consistent ver-
Baxter proclaimed the existence sion to reach him, and will cause
of martial law in the County of the first impression. Then let them
Pulaski ſat the seat of government] telegraph, petition, send delegates
through the following proclama- as often as they please. The situ-
tion:
ation is parallel with the Louisi-
WHEREAS, An armed rebellion exists in the
ana experiment. McEnery was
County of Pulaski against the State Govern-
orne dispersed, and Kellogg, the un-
uops
ment, and it becomes necessary to employ all speakable, recognized. He rep-
the force at my disposal to suppress it, there resented the party machine."
fore, by authority vested in me by law, I The following is the dispatch to
hereby proclaim the existence of martial law the New York Herald, which that
within the said county, and command all per- paper contained in its issue of the
sons capable of military duty to assist in the 15th of April, 1874, and was read
putting down of said rebellion.
in Washington at breakfast the
During the time that martial law shall thus same day. The dispatch had
prevail, every infringement of the rights of hardly been transmitted when Gov.
peaceable and well-disposed persons will be Baxter took military possession of
severely punished, by whomsoever it may be the telegraph office and placed
committed. The utmost respect shall be paid
the management in control of a
by all persons to citizens not in arms, and to
chief chosen from among the
their property, and to that of the Federal
operators. This step followed so
Government.
soon upon citizen's visit as to seem
In testimony whereof, I, Elisha Baxter,
Governor of the State of Arkansas, do hereto
to have been suggested by it.
set my hand and private seal, the seal of said LITTLE ROCK, ARK., April 15, 9 P. M.
State not now being accessible to the Gov- . In the case of Brooks vs. Baxter, in the
ernor of the State.
nisi prius court of the Little Rock circuit,
Done at Little Rock, this 16th day of April, brought last summer, stating that Baxter was
1874.
ELISHA BAXTER,
a usurper, Circuit Judge Whytock, at ten
Governor of Arkansas and Com.-in-Chief. o'clock this morning, overruled the demurrer
of plaintiff as to jurisdiction and issued a writ
The reporter had copied the of ouster. This occurred in the absence of
telegraphic message to the Herald Gov. Baxter's counsel. Chief Justice McClure
in his own hand from slips rapidly immediately administered the oath of office to
written by the citizen, so that the
Brooks, and soon after Sheriff Oliver served
latter had his own copy. He read
a writ on Gov. Baxter at the executive office.
it over. He said to himself, “I
He was accompanied by Brooks and an
armed guard. Brooks demanded possession
believe this presents the main
of the office, was refused, and then declared
points of the imbroglio. It will
himself in forcible possession. Brooks'
reach the President and his cabi friends had possessed themselves of the Capi-
net through the Herald, to-day. tol, and had broken into the State armory and
of the Reconstruction Period in Arkansas.
207
seized guns and ordnance. Brooks sent word
to say he could not see your correspondent
yet. The Capitol halls are filled with ex-
cited groups. Gov. Baxter, on leaving the
State House, went to the Anthony House and
held a consultation with his friends and coun-
sel, then drove to St. John's College, on the
outskirts of the city. The Brooks party are
jubilant and defiant. It is asserted that the
coup d'etat was planned by Messrs. Clayton
and Dorsey, when here at Easter, after failing
to agree with Gov. Baxter regarding the man-
agement of the fall elections. Brooks has
revoked all Baxter's militia appointments,
commissioned R. F. Catterson Adjutant Gen-
eral and Jack Brooker Major General. I
went to Baxter's headquarters, in St. John's
College, at three o'clock. The entrance was
guarded. Baxter said to your correspondent
that he would act vigorously; that he had
plenty of arms at his disposal at the United
States Arsenal. Baxter is organizing the
militia. Gen. Robert C. Newton will call out
the militia. There will probably be blood-
shed if the Government allows them to fight
it out. The State House and grounds are
well guarded to-night, over 300 Brooks men
under arms. There is great excitement here,
and the people from the country are arriving
in masses.
Joseph Brooks, who claims as the Reform
candidate to have been elected Governor in
1872, took the oath of office about eleven
o'clock this morning before Chief Justice Mc-
Clure, and within five minutes from that time
seized forcible possession of the Governor's
office and ejected the regular Republican offi-
cial, Elisha Baxter, who by the returns of the
election and the General Assembly was de-
clared and installed as Governor January,
1873. About one year ago Brooks com-
menced suit in the Circuit Court of Pulaski
County against Baxter as an usurper of the
office of Governor. This was shortly after
the Attorney General had commenced suit
against Gov. Baxter by quo warranto in the
Supreme Court, and after the latter court had
rendered a decision that the courts of the
State had no power to decide a contested elec-
tion for the office of Governor. By the State
constitution it is provided that the Legislat-
ure, in joint session, shall canvass the returns
for Governor, and announce the candidate
elected, and all contests for Governor shall
be decided by that body. The Legislature,
in 1873, canvassed the returns and declared
that Mr. Baxter was elected. Subsequently
that body rejected the petition of Brooks to
contest Baxter's election. Nothing more was
thought of the matter particularly until a few
days ago, when the attorneys of Gov. Baxter
desired that the “usurpation" case in the
Circuit Court of Brooks vs. Baxter be taken
up on demurrer at an early day, with the ob-
ject of disposing of the same. An under-
standing was then had that the demurrer
should be submitted and argued next week,
no day being agreed upon, as the United
States Court was in session. On Monday,
during the absence of the attorneys of Gov.
Baxter, Mr. Whipple, the attorney of Brooks,
arose and stated that it had been agreed be-
tween himself and the counsel of Gov. Baxter
that a demurrer to the jurisdiction of the Cir-
cuit Court should be submitted. This, al-
though in the absence of Gov. Baxter's attor-
neys, was thought nothing of at the time.
Yesterday morning, about eleven o'clock,
when there were but few in the courtroom and
neither of the Governor's counsel present,
Circuit Judge Whytock announced his de-
cision, overruling the demurrer. None of
Baxter's counsel being present to answer,
plead over or move for an appeal, he then
rendered final judgment and a writ of ouster
was issued out of said inferior court against
Baxter, then in charge of the office, in favor of
Brooks, claimant. In five minutes from that
time an armed mob, headed by Brooks en-
tered the Governor's office demanding pos-
208
The Brooks and Baxter War: a History
session. The Governor declined to yield,
whereupon forcible possession was taken and
guards placed at all the entrances to the office.
In the meantime, Gen. Catterson, who claimed
to act as Brooks' Adjutant General, in the same
building took possession of about one hun-
dred stand of arms, Adjutant General Strong,
of Gov. Baxter's staff, refusing to give up the
keys, although surrounded by armed men.
Baxter refused to be ejected except by force,
when some of Brooks' men took hold of him
and led him out. Since that time Brooks has
had possession of the State House. Gov.
Baxter has established his headquarters at
St. John's College. The greatest excitement
prevails throughout the city.
The dispatch was mistaken in
saying a writ of ouster had been
issued. Gen. Catterson, as Brooks
Adjutant General, took military
possession and ejected the occu-
pants of the executive office by
armed force without any writ.
The following dispatch was
acting under this revolutionary movement,
are now in charge of the government armory
and capitol buildings. I deem it my duty to
communicate this state of affairs to the Presi-
dent. I trust the revolutionary acts may be
settled without bloodshed, and respectfully
ask the support of the general government in
my effort to maintain the rightful govern-
ment of the State of Arkansas, and that the
commander of the United States Arsenal at
this post be directed to sustain me in that
direction. I respectfully request a reply to
this communication at an early moment.
ELISHA BAXTER,
Governor of Arkansas.
Gen. Catterson now walked the
State House as military comman-
der. Gen. Upham was his Assistant
Adjutant General, par nobile fra-
trum. Rev. Mr. Brooks, now Gov-
ernor and Commander-in-chief,
on taking possession April 16th
of the office, issued his first proc-
lamation as Governor and Com-
dent:
LITTLE ROCK, ARK., April 15, 1874.
To the President of the United States:
I have been advised by public rumor that
in the State Circuit Court for this county, in a
long-pending case brought by Joseph Brooks
tos
murrer to the complaint was overruled and
an immediate judgment of “ouster” against
me given. This was done in the absence of
counsel for me and without notice, and im-
mediately thereafter the circuit judge ad
journed his court. The claimant has taken
possession of the State buildings and ejected
me by force. I propose to take measures im-
diately to resume possession of the State
property and to maintain my authority as
rightful Governor of the State. Armed men,
reproduced, except the introduc-
tion, which goes into the facts of
his election, petition of contest,
suit and judgment against Baxter
for the office, which are now fa-
miliar by repeated mention. His
second paragraph began:
Being in the office, it is fair that I, to some
extent, define my future policy, which adher-
ents of Elisha Baxter will no doubt misrepre-
sent, for the purpose of advancing personal
interest and gratifying their ambition.
For my political tenets, I respectfully refer
you to the platform of the Reform Party, on
which I was a candidate in 1872. From the
principles there enunciated I have not departed,
and God helping me, I never will! * *
of the Reconstruction Period in Arkansas.
209
Efforts no doubt will be made by designing House. The following extracts
men to convey the impression that it is the will show its bearing:
duty of the people to rally to the standard of
EXECUTIVE OFFICE,
a man who, no doubt, will claim he is Gov-
I
LITTLE Rock, April 16, 1874.)
ernor of Arkansas, that you all know was not
To the People of Arkansas :
elected, and who has not more right or claim
to the office than any one of you have, that An insurrection, organized in the interest of
was not a candidate, for the purpose of plac- certain parties, disappointed in an attempt to
ing that man again in the executive office
secure the influence of the executive for pro-
(sic). I say frankly to you that all such at-
posed frauds in the approaching election has
tempts will lead to strife and bloodshed, for I effected the seizure of the capitol, and now
shall resist and suppress the action of all
attempts to usurp the functions of government.
mobs that may assemble together under the
The momentary success of this insurrection,
banner or at the call of Elisha Baxter! No
as far as regards the occupation of the build-
man in the State can more deeply regreting, has been owing to that security which
strife and bloodshed than myself. But feel.
the political traditions of the American peo-
ing as I do that self-government, rather
ple give to legitimate government in time of
than self-aggrandizement, is in the issue, I
peace.
shall employ every means to maintain its
The armed sentries and loaded cannon
supremacy.
which, for the moment, support the usurpa-
Elisha Baxter forced me from the legislat- tion within the precincts of the State House
ure to the courts, and thus far I have patiently had not been deemed requisite to the mainte-
borne with the law's delay, at all times feel- nance of a recognized government. The oce
ing that justice would be done me. By the cupation of the building, unexpected and
judgment of a court of competent jurisdiction forcible, could not at the instant be success-
I am in the executive office. When it is ad- fully resisted. Aversion to unnecessary
judicated that I am not there legally, I will bloodshed has, for a few hours, withheld the
bow my head in silence to the decree of the arm of the State Government from the imme-
court, be it what it may. The power that diate vindication of its rights and dignity.
Elisha Baxter used to force me into the courts, Forbearance has seemed only to embolden
I will use to make him respect and abide its the impudence of the handful of insurgents.
decrees. To one and all I say, keep quiet Forbearance therefore is at an end! General
and pursue your different vocations; your ser Order No. 1, from headquarters of the mili-
vices are not needed at the capitol to preserve
tia of Arkansas, of date correspondent with
either peace or good order. Should the time
that of this proclamation, declares martial law
come when they will be needed you will be
in the County of Pulaski. It is due the people
notified in due time through proper chan- of the State that the circumstances which
nels.
have rendered necessary this course of action.
JOSEPH BROOKS.
[Here Gov. Baxter enters at
Governor of Arkansas.
length in his version of the facts
Gov. Baxter also issued a proc- and law attending the efforts and
lamation “to the people," from failure of Mr. Brooks to establish
his headquarters at the Anthony his claims, and continues:]
2 IO
The Brooks and Baxter War: a History
In pursuance of a plot, already matured, in I ask from them the support which they owe
anticipation of the deeision of the Circuit to their chief magistrate.
Court, the conspirators, forgetting in their
ELISHA BAXT
haste that no writ of ouster had been issued,
Governor of Arkansas.
betook themselves to the room where the
These pronunciamentoes were,
Chief Justice (the sole dissenter from the de-
perhaps, proper enough to be pub-
cision of the Supreme Court in the matter)
awaited them, by appointment, and then,
lished, through a "decent respect
armed with his attestation to Mr. Brooks
for the opinions of mankind;" but
oath of office, proceeded forcibly to eject either “governor” might have ad-
from the State House the chief magistrate of vanced his cause by asking Feder-
the commonwealth.
al interposition under the Federal
An appeal lies of course to the Supreme constitution and statutes to aid
Court of the State. That court has already, him in resisting “domestic vio-
in a case involving the point in issue, deter- lence," as was soon intimated to
mined that the court has no authority to de- them in answer to their informal
cide the validity of election of any executive dispatches, by the Attorney Gen-
officer of the State.
eral of the United States.
It need hardly be remarked that, pending Article IV. Section 4 of the
an appeal, the effect of the judgment of the Constitution declares, " that the
Circuit Court of Pulaski County is suspended, 6 United States shall guarantee to
and that the undertaking to sustain the en- every State in this Union a repub-
forcement of that judgment pending the ap-
lican form of government, and
peal is without color of law or moral pallia-
shall protect each of them against
tion. The forcible ejection of the chief mag-
istrate from the premises was followed by
invasion, and, on application of
pre-arranged and prompt summons to armed
the Legislature, or of the Executive
desperadoes to bar all access to the State (when the Legislature cannot be
House of its legitimate occupants. Mr. convened) against domestic vio-
Brooks has issued a paper entitled “ a procla- lence." The statutes prescribe the
mation,” in which he distinctly announces his manner of invoking the assistance.
intention of bloodshed.
- The Attorney General reminded
The executive of the State has but one obli- both of the claimants that their
gation to perform—that to which he is bound applications were not in form.
alike by his duty as a citizen and his official He then referred them both, flip-
oath. The authority of the law will be im- pantly to the courts He used the
diately and effectively asserted, peaceably if
word “courts” in its restricted
it may be, but asserted in any event. The
sense. He momentarily forgot
government purposes to occupy the Capitol.
As Governor of Arkansas I appeal to the peo-
that a judicial sentence may be
ple of the State to support the government of Pronoun
pronounced by other arbiters than
the State against shameless usurpation. Un- courts by authority of the sover-
der the solemn obligations of my oath of of- seign. The earliest notion was,
fice I renew my promise to be true to them that a judgment should be pro-
of the Reconstruction Period in Arkansas.
2II
nounced by the king himself upon cision obtained from the Supreme Court of
the facts of each case. It was
the State.
GEORGE H. WILLIAMS,
supposed to be by direct, divine
Attorney General.
inspiration. Long development
of jurisprudence has reversed This same legal luminary, the
that conception. It is “not a same day, as if writing from his
transient, sudden order from a landau, in answer to requests from
superior to, or concerning a each of the contending "govern-
particular person; but something ors" to the President for leave to
permanent, uniform, universal," withdraw the State arms from the
according to England's greatest United States Arsenal, in which
law-writer.
they had been deposited by the
The Attorney General perfunc- State, telegraphed as follows:
torily refers the two "governors"
DEPARTMENT OF JUSTICE, 1
to the decision of the State courts
WASHINGTON, April 16, 1874. }
for a settlement of their dispute! Hon. Joseph B
Hon. Joseph Brooks, Little Rock, Ark.:
It provoked a universal howl of
I am instructed by the President to say in
answer to your dispatch to him of yesterday,
derision, that a complication so
asking that the United States commanding
serious, which had been wickedly
officer at the arsenal be instructed to deliver
brought on by the paltering, and
the arms in his custody belonging to the
even the conspiracies, of so-called State to you, or hold them subject to your or-
courts, should be left, by the At der, that he declines to comply with your re-
torney General to the solution of quest, as he is not advised that your right to
“the courts !"
hold the office of Governor has been fully and
finally decided by the courts of Arkansas !
DEPARTMENT OF JUSTICE,
GEORGE H. WILLIAMS,
WASHINGTON, April 16, 1874.)
Attorney General.
Hon. Elisha Baxter, Little Rock, Ark.:
I am instructed by the President to say in
What relief could be expected
answer to your dispatch to him of yesterday, from the Supreme Court of Ark-
asking for the support of the general govern- ansas ?
ment to sustain you in your efforts to main. Let us turn a moment, while
tain the rightful government in the State of the military preparations of each
Arkansas, that in the first place, your call is side are being perfected, to learn
not in conformity with the constitution and the composition of that court and
laws of the United States. In the second
true attitude of its members, as
place, that, as the controversy relates to your
shown by their testimony before
right to hold a State office, its adjudicacion,
the Poland Committee, when they
unless a case is made under the so-called en-
were willing to tell the truth in
forcement act, belongs to the State courts. (?)
If the decision of which you complain is erro-
the hope of preserving the hold of
neous, there appears to be no reason why it their party upon the power of the
may not be reviewed (!) and a correct de- State; and which discloses their
2 12
The Brooks and Baxter War: a History
true inwardness toward Baxter motion for a petition for a quo warranto?
and his cause when pretending to A. Yes.
decide upon it as judges. That
Q. And this dictum, or whatever it was
court was composed of John Mc-
termed, which was added to this opinion, is a
Clure, Chief Justice, formerly of
of decision that no court has jurisdiction of
the controversy? A. It is an assertion to
Ohio, appointed by Gov. Clayton,
that effect. * * *
1868, term not expired; Lafayette
Q. Do you regard that now as law, or as
Gregg, old citizen, Arkansas Fed-
dictum? A. I regard it, in the main, as dic-
eral, supposed to be elected 1868, tum. That was my opinion at the time, and
nett, carpet-bagger, appointed by of the opinion conveys the same meaning as
Gov. Clayton, 1870; M. L. Steph- there is in that paragraph: but I looked on
enson, of Illinois, supposed to be that as dictum.
elected 1872, on the Baxter ticket; John E. Bennett testified before
Elhanan J. Searle, of Indiana, sup- the committee (p. 256) as follows:
Baxter's ticket.
Q. Were you on the bench at the time the
petition was filed for quo warranto against
John McClure, from the begin-
Elisha Baxter by the Attorney General ? A.
ning, boldly favored the quo war-
Yes.
ranto proceedings, and was for
Q. Did you concur in the opinion (deny-
displacing Baxter with the Lieu-
ing jurisdiction to issue the writ) rendered
tenant-governor, and finally with thereon, and would you have signed it had it
Brooks. Lafayette Gregg, in his
been submitted to you? A. No, sir.
testimony before the Poland Com-
Q. Were you corresponded with in refer-
mittee (p. 186), deposed:
ence to coming here earlier than the meeting
By Mr. Rice: 0. Did you concur in the of the court, for any purpose? A. No, sir.
memorandum fly-leaf amendment made to your Q. Were you not telegraphed to or written
opinion (in the Yonley quo warranto case, in to? A. No, sir.
the Supreme Court)? A. The objection which
Marshall L. Stephenson testified
I had to adding it was, that it seemed to me to
before the Poland Committee (p.
savor more of dictum than of legal ruling.
On that ground I had some objection to it. 200) as 1011
268) as follows:
I did not think it was announcing any incor- Q. Did you consider that you had before
rect principles of law, but I thought it was you in that case (the Brooks-Baxter quo
rather dictum, as the matter then stood be- warranto case) any question as to the juris-
fore the court; but as my brother judges diction of the Circuit Court? A. We no
(Stephenson and Searle) insisted upon it, and doubt at that time intended to confine the de-
as I had not an opportunity of communicat- cision strictly to the case before us.
ing with them in person (in the vacation, Q. What made you depart from that inten-
when the memorandum was sent to him), I tion? A. The reason that actuated me was
consented to insert that paragraph.
to preserve the peace and avert any impend-
Q. The question before the court was a ing danger in the State.
of the Reconstruction Period in Arkansas.
213
Q. What do you know as to Judge Gregg be-
ing actuated by the same feeling? A. I had
a letter from Judge Gregg, but I dislike to
produce it without first having a conversation
with him, as the matter is one of private cor-
respondence between Judge Gregg and my
self.
Q. It was on this public subject? A. Ves;
'I wrote to him and explained the reason why
it was desired to have the opinion and the
appendix both. Several letters passed be-
tween us. Judge Gregg said that while he
desired so to restrict himself as not to strike
down any other case that might be pending
still he agreed with us, that if the fly-leaf
would bridge over the emergency, he was
willing to have it go on file.
Q. Was not the case of Berry against
Wheeler (Wheeler was elected on the ticket
with Baxter) also pending in Judge Why-
tock's Court ? A. Yes.
Q. Was not Judge Gregg an intimate
friend of Berry (who ran for Auditor on the
ticket with Brooks)? A. I believe he was.
Q. You were present at the trial of the
case of Brooks vs. Whytock, on the man-
damus? A. Yes (in Brooks' military en-
campment).
Q. Was that case duly considered ? A.
It was considered as much as any other case.
We had already exhausted the subject of the
jurisdiction of the court in the quo warranto
case, and there was but a single point pre-
sented which at all involved the question of
jurisdiction. We agreed on that very readily.
The case was as well considered as if we had
taken a month over it. We already had our
minds made up about it.
Q. What point in the mandamus case was
it which you regarded as not being involved
in the quo warranto case ? A. My views
about that were that the two questions were
altogether different. There was no conflict
between the quo warranto and the mandamus
cases. No one who has examined the legal
points in the two opinions can believe there is
any conflict between the two opinions.
Q. The point was, that the kind of case
pending in Judge Whytock's Court was not
the kind of case that was involved (governed)
by the dicta in the quo warranto case ? A.
I do not conceive that there was any dicta in
the quo warranto case. It was stated by the
Attorney General that the object in the quo
warranto case was to contest the election as
between Brooks and Baxter. In the man-
damus case, which we considered on the
pleadings (in Judge Whytock's Court, exhib-
ited with the petition for mandamus) Mr.
Baxter confessed himself a usurper! (Tech-
nically, he means, unless he answered over, or
had an opportunity to answer, and refused.)
He had gone into the Circuit Court, and by
demurrer acknowledged that he was a usurper.
That was the charge (usurpation) made
against him by Brooks. (And it was practi-
cally made in the quo warranto case, as well.)
Instead of answering to that, he demurred
and confessed himself a usurper. The rec-
ord came to the Supreme Court in that atti-
tude, and it was not for the Supreme Court to
go outside of the papers in the case in order
to ascertain the truth or falsity of the state-
ment. He was judged by the record which
he presented to the Supreme Court, and, in
that regard, there is a great difference between
a contest for office and a suit brought against
a usurper of an office. They are entirely dis-
tinct, and have always been so at common
law. There is a distinct and separate remedy
for each. The suit was brought against Bax-
ter as a usurper, and he came in and con-
fessed, by his demurrer, that he was a
usurper. In that attitude he stood in the Su-
preme Court at the time the decision was
made. The only way that Gov. Baxter could
remedy that, at that time, was by revolu-
tion.
214
The Brooks and Baxter War: a History
for a super toe Court on authors
The mandamus case was an- cline to the opinion that the juris-
other moot case, made within the diction of the Legislature, as to the
military lines of the State House officers named with the Governor
after Judges Bennett and Searle (in the constitution, sec. 19, art. 6,
had taken refuge there, as herein- among whom was the Auditor) is
after narrated, and joined the exclusive, and could not be dele-
Chief Justice and Judge Stephen gated to or conferred on the Cir-
son there. Brooks made a requi- cuit Court, even if the General
sition on Wheeler (the Auditor) Assembly had so enacted in ex-
for money. Wheeler drew an press terms." This was the court
Auditor's warrant for the money to which the United States Attor-
on Page, Treasurer, who denied ney General remitted the people.
that Brooks was Governor, and Gen. Newton placed ex-Confed-
refused to pay the warrant. erate Generals T. J. Churchill and
Brooks, as Governor, petitioned T. P. Dockery in immediate com-
for a writ of mandamus to the mand of the volunteers, making
Treasurer to compel payment. the last named Military Governor
The Supreme Court granted the of the city. With such arms as
writ, recognizing Brooks' authorthey could procure, and they
ity, as Governor, to have the war- seemed abundantly supplied, a
rant paid. It so ruled on the complete chain of sentinels was
ground that the Pulaski Circuit established to command all ap-
Court had awarded the office to proaches to the State House, also
Brooks, in his suit against Baxter to guard the street crossings for
for usurpation, although it had several blocks in its vicinity. At
previously held that no court of the same time the Brooks men
the State had jurisdiction to de- had assembled in the State House
cide the title to the office of Gov. in considerable numbers. The
ernor. It was a case made in upper rooms of the entire build-
camp. It might be called “mar ing were filled with armed men.
tial law”—otherwise camp “dic. In front of the west wing there
tan.”
was a cannon placed-one of the
The Chief Justice himself, 12-pound pieces of artillery
though dissenting in the quo war- brought out of the State House
ranto case, immediately afterwards armory, which Baxter had impro-
was in favor of prohibiting all vised—and in position in rear of
proceeding to oust Wheeler, Au the building was another piece of
ditor, and the award of the office artillery, each manned by a suffi-
to Berry, candidate for Auditor, cient force. A force of riflemen
who was on the ticket with Brooks manned the walls of the State-
in the election. He said: “I in house yard. Sentinels, with bay-
of the Reconstruction Period in Arkansas.
215
onets, stood guard over the Gov- were truly elected. The next two
ernor's and Secretary of State's dispatches were from citizens who
offices. It became a belief with were moved by public spirit alone,
many of the colored leaders, from and who knew Brooks personally:
reading Clayton's and Dorsey's
HELENA, ARK., April 16, 1874.
indorsements of Brooks that the
Hon. Joseph Brooks, Governor of Arkansas:
“old Brindle" was in the lead at
We congratulate you on the final triumph
last, and would be recognized by of your right to the office of Governor, and
Congress. They now eagerly perseverence in vindicating the rights of the
filled the ranks of the State-house people.
M. T. SANDERS,
party. Both parties applied to
L. H. MANGUM.
the United States officer in charge
TEXARKANA, April 16, 1874.
for delivery to them of the 1,500 Governor Joseph Brooks:
stands of arms in the United States Many citizens in town to-day. They say,
Arsenal belonging to the State. “Amen! Brooks is the man we elected.”
That officer referred them to Gen.
W. H. CAYCE.
Emory, his senior officer in com-
Then in Saturday's Republican,
mand, who was absent in New
the 18th, were published the fol-
Orleans, and who had not been
lowing dispatches from the two
heard from. Copies of an “Opin- United States Senators:
ion" of the Attorney General,
Yonley, were distributed through
WASHINGTON, April 16, 1874.
the State House, showing Brooks Governor Joseph Brooks :
clearly entitled to recognition as
The President's action is in full accord
de facto Governor.
with your views. We rely on your maintain-
Friday's Republican published
ing your vantage ground, which you must
hold at any cost. Our position here is that
the following telegrams under the
the courts must determine the question, and
display head “Congratulatory :"
no collusion will be allowed to interfere.
WASHINGTON, April 15, 1874.
POWELL CLAYTON,
To Governor Joseph Brooks:
S. W. DORSEY.
Accept congratulations upon the final tri- Everything here perfectly satisfactory, and
umph of the popular will. Republican gov- the authorities understand the situation.
ernment has vindicated itself in your regard Maintain your position, and we will take
in the overthrow of usurpation.
care of affairs here.
WM. J. HYNES,
S. W. DORSEY.
THOS. M. GUNTER, From Helena there were dis-
L. C. GAUSE,
patches same date from M. T.
M. L. BELL.
Sanders again, and Austin Bar-
These gentlemen were in Wash row, Sheriff of Phillips County:
ington as contestants for seats in “What action do you wish me to
Congress, to which probably all take?”.
216
The Brooks and Baxter War: a History
From Pine Bluff, of same date, 250 men from St. Francis County.
the following encouraging con- C. W. Tankersley and L. H. Man-
gratulatory message, offering as gum proffered themselves. A
sistance:
mass meeting was held at Fort
Governor Joseph Brooks:
Smith and adopted resolutions
Dispatches say you are Governor, at last. assuring sympathy and support,
Stand by your rights, the people will sustain presented by leading citizens-
you. Considerable excitement, but abating. Judge Thomas Marcum, P. T. De-
A. A. C. ROGERS, vany, W. W. Griffith, Henry
W. P. GRACE,
Reutzell, Maj. John T. Humphreys,
W. D. JOHNSON. Col. Hugh L. Rogers, Jos. Eberle
From Hot Springs came over and Col. W. M. Fishback. Also a
the wires the salute of a hundred mass meeting at Dardanelle, pre-
guns to “Old Joe":
sided over by T.M.Gibson, of Clay-
Hot SPRINGS, April 17, 1874. to
ton's militi, sent encouragement.
Gen. R. F. Catterson :
The columns of the Gazette
The people here are much pleased with the teemed likewise with messages of
change. They fired one hundred guns last encouragement to Gov. Baxter :
night in honor of “Old Joe.”
HELENA, April 16, 1874.
W. P. WALSH.
To J. N. Smithee :
To
Those clever politicians, Chas. Almost every one here is for Baxter. The
W. Tankersley and D. C. Casey, excitement is very high. People are crazy for
sent congratulatory telegrams news. Keep us posted.
from Arkadelphia, which pledged
EDITORS “INDEPENDENT."
“The people to stand by Brooks
HELENA, April 17, 1874.
as the rightful occupant of the ex- To E. D. Boyd:
ecutive chair.” Dispatches num Nearly every man for Baxter.
erously signed from Marianna, ás-
C. A. OTEY.
suring Brooks of hosts of friends, . PINE BLUFF, April 16, 1874.
and from Furbush (colored), Sher- To Gov. Elisha Baxter :
iff, offering one hundred men. Old Jefferson all right. We will furnish
From Camden c Thrower TL 1,000 men, if necessary, to reinstate you.
H. KING WHITE,
Bragg, B. Fulcomb and D. Mc-
FERD. HAVIS,
Kavanaugh sent assurances of
A. J. WHEAT,
support. From Hot Springs W.
D. A. ROBINSON.
P. Walsh telegraphed, “Waiting
AUGUSTA, April 16, 1874.
your orders.”
Gen. R. C. Newton :
These continued and additional
What is our duty ? We are ready to re-
messages filled a column of the
spond.
L. M. RAMSUR, .
Republican from day to day. On
A. C. PICKETT,
the 20th Poindexter Dunn pledged
J. T. TREZEVANT.
and offering den Comb and nices of
LIV
of the Reconstruction Period in Arkansas.
217
PINE BLUFF, April 17, 1874. Newman Erb, Thos. H. Walker,
To Gov. Elisha Baxter :
Thos. Fletcher, A. H. Rutherford,
We are coming, Father Elisha, with a few Geo. L. Basham. Sol. F. Clark.
hundred more. IRA MCL. BARTON. A
A. D. Jones, U. M. Rose, J. L.
HOPE, April 16, 1874. Witherspoon, F W. Compton,
To Maj.-Gen. R. C. Newton :
Dick Gantt, John M. Moore, E.
Will be with you at the earliest possible H. English, A. H. Garland, J. W.
moment. All for Baxter.
Martin, Geo. A. Gallagher, F. M.
DAN. W. JONES.
Parsons, S. C. Faulkner, John
The Little Rock Bar, April 16th, Fletcher, T. J. Churchill, James
except the attorneys representing M. Pomeroy, R. H. Johnson, J.
Brooks, at a meeting of which A.. W. Reyburn, John D. Adams, W.
H. Garland was president and J. A. Crawford, T. P. Dockery, J.
M. Moore, secretary, numbering N. Smithee, Geo. S. Morrison,
thirty citizens, subscribed a reso- John Kirkwood, Gordon N. Peay,
lution declaring “the act of the S. R. Cockrill.
Circuit Court in rendering a judg- The Baxter pickets were with-
ment in the case of Brooks vs. drawn from Markham street, be-
Baxter, when the case had not yond Louisiana street, and inter-
been set for trial, involving juris- communication between Markham
diction which had been twice con- east of Louisiana street during the
sidered by the Supreme Court following day was obstructed.
and declared to be not within the No one could pass without per-
jurisdiction of the Circuit Court, mission. The State-house party
wholly null and void, not a judi- had sentinels all around the State
cial act, and afforded no color for House, and held Markham street
the revolutionary proceedings west. Companies of United States
based upon it.”
infantry were placed, one at the
And the same day there was corner of Fourth and Main streets
issued an address “urging the (U. S. Court House), another at
people to sustain Baxter, and, cost the corner of Third and Center,
what it may, to rally at the Capi- with instructions“to interfere with
tal and aid in the maintenance of no one, but to prevent conflicts”
Baxter in power and authority.” between opposing citizens. The
The signers were Francis A. Terry, State-house “garrison” had a
R. C. Newton, John E. Reardon, large quantity of supplies carried
John Green, Sam W. Williams, into their lines in the afternoon,
W. E. Woodruff, John C. Peay, and continued actively barricad-
Chas. A. Carroll, R. H. Rottaken, ing their ground. The Baxter
J. V. Zimmerman, P. Van Patten, men had possession of the tele-
Z. P. H. Farr, Thos. W. Newton, graph office. Maj.-Gen. R. C.
15
218
The Brooks and Baxter War: a History
Newton commanded one division, if received at the telegraph office.
Maj. Gen. T. J. Churchill another Brooks had a wire and instrument
division of the Baxter forces; Col. of his own. Resolutions of county
B. F. Danley was Adjutant Gen- and city meetings were sent to
eral of the latter. The headquar- encourage their several cham-
ters of the Baxter army was the pions.
Anthony House, from the bal- A special to the St. Louis Dis-
army flag floated gracefully. entire delegation from Arkansas
Government bunting floated from waited on the President and re-
all corners of the State House. quested him to recognize Brooks.
Maj. Frank Strong, ex-Federal , "The decision was emphatic not
officer, acted as Gov. Baxter's to interfere in the Arkansas im-
Adjutant General and deputy Sec- broglio. Grant remarked, coldly,
retary of State. There was no that he should follow the prece-
truth in a statement that United dent set in Louisiana.” The Dis-
States soldiers had been ordered patch contained the following:
into the State House; they had The situation in Arkansas caused much
only been extended on State talk here this morning. Groups of Senators
street, nearer to the State House. and Representatives discuss it in all its bear-
Baxter men, under orders, took ings. Said Carpenter: “ The government
forcible possession of the arms should keep its hands off. No more Louisi-
and munitions belonging to deal-
ana, if the Republican party is wise.” Said
ers in fire-arms. One or two firins
Butler: “It is dog eat dog. Baxter has
no backbone, and Brooks no conscience.
had large stores of them within
Neither is true.” Morton said: “I see no
Baxter's lines, and refused to sell
cause for this violent action on the part of
upon requisition without the
Brooks. It bears revolution on its face.',
money paid. These men made [Morton then had more influence with Con-
complaint to Brooks, and thereby gress and Grant, than all his Cabinet.] Said
lost the full price of their wares Thurman: “What'a commentary on recon-
ultimately.
struction! Ten years after the war, here is a
Sentinels were regularly posted State in a condition of insurrection, because
and walked their rounds all night. two bad and mercenary factions are fighting
All night their challenges might over the property of a helpless people.”
be heard. No shots had yet been The people generally were
exchanged on the 18th, although aroused. The excitement of the
both sides had been heavily rein- situation was intense in localities
forced by volunteers from the accessible to the capital and rapid-
country. Telegrams of encour- ly extended to those more remote.
agement poured in to Baxter, but All minds agreed that the imme-
were no longer delivered to Brooks diate destiny of the State depend-
of the N
219
Reconstruction Period in Arkansas.
<
ed upon the result. Each one of gum and Sanders were accompan-
the opposing parties was daily in- ied by a few whites from Lee and
creased in numbers by the people Philips Counties on the Mississip-
who flocked to the capital from all pi River, and crossed the bridge.
directions. The State House Baxter's forces were mainly re-
stands upon the elevated south cruited, at first, by small com-
bank of the Arkansas River, which panies of whites, who got off at
is in the third-class of rivers; here the ferry, or came round to the
flowing eastward. The front of east of the town. Brooks had the
the building faces Markham Street, assistance of State Auditor
which runs parallel with the river, Wheeler and Treasurer Page, who
one square south. The Union De- had gone over to him, and issued
pot for the railroads then center certificates of indebtedness for
ing at Little Rock was at the west- meeting expenditures. By the
ern limit of the town on the same 19th April, the numbers which had
side of the river. Passengers by entered the camps of the oppos-
the Cairo & Fulton, Fort Smith & ing parties, swelled to the propor-
Little Rock, Memphis & Little tions of armies. It was a situation
Rock Railways got off there; those fraught with danger. Reckless
from the north side, after the trains men went about the streets with
had crossed the new iron bridge arms, ready for a conflict, which
near that depot. The steamboat nothing but the presence of the
landing was near the eastern limit United States forces prevented.
of the town, and passengers could A little after daylight, Saturday
enter that part of the town by morning, the 18th, “Gen.” Ira
-crossing on the ferry-boat. Pass- McL. Barton and Col. H. King
engers by the river were landed White came up the river, on the
there. The old Anthony House steamboat “Mary Boyd," from
was in the second block east of Pine Bluff, with three hundred
the State House. Recruits for negroes, as reinforcements for Bax-
Brooks came up from the south to ter. They were accompanied by
the Union Depot and those com- Mayor Holcombe of Pine Bluff,
ing from the north and west land- Maj. C. G. Newman, of the Pine
ed there after crossing the bridge. Bluff Press, and other leading citi-
Many negroes were recruited in zens. With brass band and flying
the counties south, along the line colors, they marched from the
of the Cairo & Fulton Railroad. landing to the headquarters of
Tankersly, from Clark, headed a Gov. Baxter, who greeted them
detachment of negroes. Coblentz from the balcony of the hotel.
and Gill brought down squads of Soon after Col. Dan. Jones
negroes from Lewisburg. Man- marched in from the south with
220
The Brooks and Baxter War: a History
a good following from Howard Chief of Artillery; Lieut.-Col. S.
and Hempstead Counties, and B. Reardon, A. D. C.; Lieut.-Col.
about 10 o'clock A. M. another de- W.N. Portis, A. D. C.; Lieut. Col.
tachment of citizens of Saline S. O. Smith, A. D. C.; Col. John
county, under Col. Crawford, ar- Ainslee, Q. M. Gen.; Maj. T. S.
rived to array themselves under Alden, Ass't Q. M. Gen.; Lieut.
the standard of Baxter. These Col. George A. Davis, A. Com.
arrivals created the greatest com- Gen.; Rosco G. Jennings, Surg.
motion, as they were greeted with Gen., with rank of Colonel.
shouting, singing and music of Capt. Sam Houston, the same
brass bands. The Pine Bluff con- who was in command of the Hes-
tingent first sung to the giving out per when she was overtaken by
of one of their number, five hun- the tug Nettie Jones, below Mem-
dred throats joining in the chorus, phis, on the Mississippi River,
the following song and chorus: when he was relieved of “those
Do you see that boat come round the ben'?
arms," intended for Clayton's
Good-bye, my lover, good-bye;
militia, had now attached himself
She's loaded down with Baxter men !
to the fortunes of Baxter. He
Good-bye, my lover, good-bye. was a passionate, resolute man,
This was heard by the negroes
who expressed himself in language
of the Brooks camp, who broke
the most unrestrained. In going
out with emulating cheers and
near the lines of the Brooks party,
songs. But the “poetry" and
some of his former political asso-
“music" of the Baxter choristers
ciates resolved to make him a
took the day, and, during the
prisoner. A squad was sent to
“war,” the song was sung on ev-
arrest him. He made violent re-
ery occasion, until unpoetic hearts
sistance, and the guard were about
began to wail :
to fire on him when Lieut. Fow-
ler came up with reinforcements
Oh for the day that soon shall send,
and took him to the guard-house.
That boat again around the bend!
Mr. Geo. R. Brown, as reporter
Good-bye, my lover, good-bye.
for “two papers, both daily," was
But the song and the men were several times arrested as a proba-
most cheerfully endured by the ble “spy” in both lines, and made
Baxter camp.
involuntary visits to the guard-
Gen. Newton's staff consisted of houses of both armies.
Brig.-Gen. J. M. Pomeroy, Chief The arrival of Barton and King
of Staff; Col. Beall Hempstead, White, with their colored bat-
A. A. Gen.; Maj. Albert Belding, talion, their tumultuous reception
Ass’t A. A. Gen.; Col. H. H. Rot- and the effect produced on the
taken, Insp. Gen.; Col. A. Syberg, negroes, created much excite-
of the Reconstruction Period in Arkansas.
221
ment in the city. That night Col. compelled to take such measures as will, in
Rose, commanding the United my opinion, result in suppressing disorder
States regulars, placed guards at and in restoring the peace and quiet of the
the corner of Markham and Main
State. I do not want to be placed under the
streets, the corner immediately
necessity of proclaiming martial law, believ-
ing as I do that life and property can be bet-
west of the Anthony House, upon
ter protected under the civil—but if my re-
complaints of Brooks that citizens
quest is disregarded, those disobeying must
were being deprived of their lib-
not complain of what is in store for them, or
erty and property. The same of the punishment that may be meted out.
evening Mayor Kramer received In testimony whereof, I have hereunto set
a dispatch from the Attorney my hand and caused the great seal of the
General denying the Mayor's re- State to be affixed at the City of Little Rock,
quest that United States soldiers this 18th day of April, A. D. 1874.
be detailed to act in aid of the
JOSEPH BROOKS,
city police. The Attorney Gen-
Governor of Arkansas.
eral stated that the President had By the Governor:
instructed the officer commanding
EDWARD Curry,
the United States detachment at
Secretary of State, ad interim.
Little Rock to prevent bloodshed, The “call upon the militia of
as all he could do under the cir- the State," supposed to be referred
cumstances. Brooks' operators to by Gov. Brooks, was the “ Or-
tapped the telegraph wires in front der No. 1,” of April 17th, of Gen.
of the State House.
T. P. Dockery, as Military Gov-
The next morning Gov. Brooks ernor of the City, calling on "all
issued another proclamation “To male citizens, between the ages
the People of Arkansas,” in words of 18 and 45, to report for duty at
and figures following) omitting the his headquarters," at southeast
customary announcement of his corner of Markham and Scott
authority):
streets (old Ashley mansion). It
I desire to avoid bloodshed and a destruc- was by the orders of Gen. Dock-
tion of private property, but while this is so, ery that the gun stores of Linzel
I cannot sit idly by and see the private prop- and of Wm. Dabbs and J. F.
erty of citizens (arms) taken without compen- Trumpler were placed under
sation by an armed mob, and peaceful citi- guard and some of their guns
zens halted and maltreated within sight of the faken.
capitol! In the interest of peace and good
Lieut. Groves, on duty at the
order, I request and command all persons
State House, ventured down Mark-
who may have been deluded into rallying to
the standard of the pretender to lay down
ham street to this corner, which
their arms and return to their homes within
is east of the Anthony House, and
twenty-four hours.
was arrested and taken before
If this injunction be disregarded, I shall be Gen. Newton. On proof that he
222
The Brooks and Baxter War: a History
was in the employ of the United Telegraph office, Maj. Rosecranz
States, he was released. John in command. The United States
(known as Jack) Brooker, lately military guarded the telegraph of-
United States Revenue Collector, fice, complaints having been made
wandered over the line and was by a young man sent from Wash-
arrested by Dockery's men. He ington City to subpæna witnesses
was a daring man, of the ultra in the Storey case, and some “mer-.
Republican school. He pleaded chants,” that their dispatches were
his government employment, and vised by a Baxter “censor."
was released. It was afterwards Postmaster General Cresswell is-
known that he was one of Gov. sued the following order to Post-
Brooks' “colonels" among the master Pollock in regard to letters:
first appointments, in command
WASHINGTON, April 17, 1874.
of a regiment at the State House. Letters addressed to Gov. E. Baxter, or
Dan O'Sullivan, City Collector, Elisha Baxter, Governor, should be delivered
and Maj. Anderson, stenographer to said Baxter. Letters addressed to Gov.
at the State House, were also in- Brooks, or Brooks, Governor, should be de-
carcerated in Dockery's bastile an livered to Brooks. Letters addressed “Gov-
hour or two. but were released. ernor of Arkansas," you will hold until fur-
On the 19th, the Hallie, stern-
ther orders.
wheel steamer, Ed. Bowlin, mas-
JOHN A. J. CRESSWELL,
ter, was pressed into service on
Postmaster General.
Saturday night and sent to Pine
Gov. Baxter, on the 19th inst,
Bluff for otroops." Capt. Sam telegraphed to the President, com-
Houston was detailed to command
plaining of the interference of the
her. It would have been fortu- United States military; In the
nate for the ill-fated captain if his dispatch he went over the circum-
arrest of the day before had been
stances of his expulsion from the
prolonged until the end of the
State House and the attitude of
siege. Dick Brugman ran the
the courts, but concluded thus:
Baxter outposts from Fourche The people are coming to my aid, and are
dam, east of the city, with a large ready to restore me at once. In making this
band of negroes for the State organization I am obstructed by the interfer-
house camp. At 4:30 P. M. the ence of the United States in displacing my
United States troops were sta-
guards from the telegraph office; and now it
tioned as follows: Company C,
is apprehended that there will be further in-
terference. Such interference breaks me
corner of Louisiana and Fourth
down, and prevents any effort on my part to
streets; Company I, divided and
restore the State government and to protect
stationed at United States Court
the people and their rights. I beg you to
House; corner of Main and Fourth modify any order to the extent of such inter-
streets, and at the Western Union ference, and leave me free to act as the legiti-
of the Reconstruction Period in Arkansas.
223
mate Governor of the State. In the interest State House. He ordered also
of peace, and these people who are flocking two pieces of artillery from the
here
arsenal and placed them in posi-
you to remove the United States troops back
tion at the corner of Louisiana
to the arsenal and permit me to restore the
and Second streets. This move-
legitimate government, which I will do
ment caused considerable excite-
promptiy, if the United States troops will not
interfere.
ment, which was increased by a
statement that the Brooks forces
I have been thwarted and delayed thus
were preparing to attack the Bax-
long, and in fact ejected from my office be-
cause of the fact that I had heretofore dis-
ter camp. A company of Baxter
banded the militia of the State.
Markham street east of Main.
On the 20th inst., as a large re- Col. King White, mounted on his
inforcement for Baxter of white cream-colored horse, moved out
citizens from Pope, Johnson and his large force of colored men,
adjoining counties, under com- yelling wildly, to Second street,
mand of Hale, Russell, Ben Young and formed them on the east side
and Harry Poynter, veterans of of Main. Gens. Newton, Church-
the Pope County war, were leav- ill, Barton, Portis and Ben Danley,
ing the train of the Fort Smith & also mounted, with their respect-
Little Rock Railroad, on the north ive staffs, were promptly on the
side of the river, the engine sud- ground excitedly giving orders
denly started and threw Capt. and placing other companies in
John B. McConnell, Clerk of John. position. The scene glittered
son County, on the rails, between with bayonets, and was luridly
the car wheels. Two wheels warlike.
passed over his body lengthwise, Observing this demonstration,
killing him instantly. This acci- which it seemed was unexpected
dent cast a gloom over the city, to him, Col. Rose, the Federal
where he was well known. He commander, ordered six men to
was the first Democrat elected get horses at Davis' livery stable,
Clerk of his county after recon- on Scott street, and go to the ar-
struction, and was popular with senal for more artillery. As one
all classes. His remains were . of the soldiers, William Harring-
taken home for interment.
ton, was mounting his horse, the
The same day, about 5 o'clock animal turned suddenly and threw
P. M., the commander of the Uni- the man, his foot catching in a
ted States soldiers moved the de. tug-chain. In this manner he was
tachment on post at the Gazette
dragged by the horse at a rapid
office to the foot of Louisiana gait up Scott to Markham, and
street, only a block east of the down Markham to Rock, where
224
The Brooks and Baxter War: a History
the man was thrown against a still pouring in to both sides.
dray and severely injured. He Poindexter Dunn offered Brooks
was thought at first to be mortally 500 men from Forrest City; Cope-
wounded, but eventually recov- land, from Marion, offered Baxter
ered.
reinforcements, and Thornburg,
Just at this time the steamer from Walnut Ridge, assured him
Hallie arrived at the wharf from that old Lawrence was for Baxter,
Pine Bluff, with 500 more negroes and asked him to say how many
(reported for Baxter), in charge men he wanted. Gen. Wilshire
of Ferd. Havis, and a company of telegraphed from Washington, the
white men under John H. Thomas. 19th inst., to Baxter: “The law-
• They marched from the wharf up yers, in and out of Congress, be-
Markham street with drum and fife, lieve you right. Be prompt.
colors flying, yelling like wild cats, Don't fail.” And Sol. Meyer
eager to join the expected melee. telegraphed to King White, from
Not a Brooks man was to be seen. Pine Bluff: “ Can you use a com-
The State-house party were igno- pany of Yehudians (Jews) ?”
rant of what was going on, and Col. Sleeper came down with a
expected themselves to be at- reinforcement from Conway Coun-
tacked, and were all in position ty' for Baxter. A company of
behind their breastworks-stood negroes from Campbell Township,
there all night. The same day under Capt. Sol. Miller, went into
ex-Auditor W. R. Miller, Judge Brooks' camp about dark. Dur-
J. W. Butler, Senator McChesneying the day the Baxter pickets ar-
and Maj. Carroll Woods, with a rested Sheriff E. A. Nickels, of
company of whites, arrived from Hot Springs County, and Benton
Batesville. Baxter men along the Turner, of Conway County for-
line of the Cairo & Fulton railroad merly, now Sheriff of Faulkner.
took forcible possession of the All had quieted down by dark,
train-thirteen at Hope, twenty- and by midnight war had closed
five at Arkadelphia and eight at his fiery eyes.
Malvern - all armed. Superin- On the 20th inst. the United
tendent Dudley was aboard, and States House of Representatives
said to Conductor Brown: “Five reported to have appointed a
men were enough to take a train special committee to visit Arkan-
at Gad's Hill, with felonious pur sas and inquire into affairs there.
pose. These men, with their ideas Several detachments of citizens
of duty, would be irresistible.” arrived on the morning trains as
The men from Malvern had their reinforcements for Baxter; a large
tickets.
one from Searcy, White County:
Telegraphic offers of men were At 7 P. M. a truce was agreed upon
of the Reconstruction Period in Arkansas.
225
day bout 5 P. M. Cosa Sensore nero
by all the parties until 9 A. M. the ton, and assigning Col. Ed. W.
next day. The Federal comman- Thompson to duty as chief of
der then withdrew his guard which staff. “Gen.” Pomeroy was ar-
had been stationed at the inter- rested by Oliver, of the Brooks
section of Markham and Louisi- camp, and released during the day.
ana streets, a block east of the Moses Reed, brother-in-law of
State House and nearly opposite Brooks, was arrested by the Bax-
the City Hall. The two pieces of ter men and discharged during the
artillery were in position at the day.
United States Court Room, then About 5 P. M. Col. King White
being on the corner of Main and turned out his brigade of negro
Fourth streets. Another United braves for a parade. Mounted on
States company was quartered in his clay-bank horse, and headed
the City Hall, where they slept. by a band of music, he marched
The Brooks men occupied the them from the Ditter block, cor-
State House and Benjamin block, ner of Markham and Rock streets,
opposite. Baxter occupied room west on Markham to Scott, out
No. 10, in the Anthony House, south on Scott to Ninth, thence
which was surrounded by a strong to Rock, and again on Markham
guard. Many of his men occupied to the Anthony House, where
the Waite block, opposite, and he halted, the band and right
Adams block, east of the Anthony resting on Main street. Colonel
House. Others occupied the Rose, in command of the Federal
Waite block; some were at the white horse in the center of Main
· Conway House, on Scott street, street. In all the upper stories of
and others at the Ditter block the buildings were armed men
and in the Cleburne Engine House and citizens of the Baxter side.
-all within a circle of two blocks When halted, fronting the An-
radius.
thony House, Col. White's “brig-
It was reported that an addi- ade” gave “three cheers for Bax-
tional force of United States reg. ter.”
ulars was expected on the train Gov. Baxter came out on the
from St. Louis, at noon. Nearly balcony and made them the follow-
all business houses were closed in ing address :
the district occupied by the “com-
batants.” A military order was
SOLDIERS—I am, in point of fact, too un-
well to address an audience. My health, for
issued by Gov. Baxter for the
“corps commanders of the Ark-
most disqualify me for business. But there is
numbers forthwith to Gen. New-
government has been seized—the archives
226
The Brooks and Baxter War: a History
are in the hands of the insurgents. I have addressing him from the street,
called you here for the purpose of asserting said:
not the rights of Elisha Baxter, but the rights
of the sovereign citizens of the State of Ark-
Gov. BAXTER—I did not come here, of
ansas. (Great cheering.) The seizure of the
course, to make a speech. I came here to
archives was effected without my ever having
assist in reinstating what I consider to be the
been served with process of court.
legally constituted authorities of the State of
I am
Arkansas. I have brought with me here a
making preparations. I intend to assert my
right as far as respects the government func-
number of colored men. It has been said,
tions of the Executive to govern the State of
sir, that these colored men will prove treach-
Arkansas (Hurrah for Baxter. Thieves to
erous to you. I now ask these colored men,
the rear !).
in your presence, and in the presence of this
assemblage, whether we shall stand firm to
I have, however, to say, that it is a well-
Elisha Baxter? (Immense cheering, and
known fact in military service, that officers
cries, “ We will; try us !")
and commanders cannot give, in advance, to
the troops or to the country, a detailed ac-
I am here, Gov. Baxter, for the purpose, if
count of their proposed operations. They
necessary, of surrendering my life to reinstate
·are necessarily military secrets; there are
the lawful authority of the government of this
matters which must necessarily be kept quiet ;
State. Furnish us simply with the means-
and you will not expect of me on an occasion
give us the authority-pronounce the order-
as public as this to detail my plans of opera-
and I will guarantee to you, sir, that in twen-
tions.
ty-five minutes from the time the order is
written, Joseph Brooks will either be in hell or
Col. White, interrupting at this
point, asked: “Just tell us pletely drowned in the frenzied shouts of the
whether you are going to have us men.] I have a force here of men who will
take that State House, or not?" fight, sir; summoned from their fields—taken
Gov. Baxter replied:
from their plows, every one of them. They
are anxious to go home, but I say to you now,
I ask you, gentlemen, to be patient and
as I have said to you before, let it take us one
quiet; conduct yourselves orderly, as good
day or one year, the colored people com-
soldiers—such as I know you to bemand in
manded by myself and Col. Havis, and the
due time proper orders will be given you to other and 'subordinate officers of this com-
assert the rights of the State (immense cheer-
mand will stand by you until you are the
recognized Governor of the State of Arkansas.
Soldiers! I would fain address you at (Enthusiastic cheering.)
greater length, but—and I say without any This is all I have to say, sir. I know that
resort to this as a subterfuge, in order to you, in your good judgment, and the officers.
shirk the labor of a speech-I am physically
commanding us, in good and proper time will
unable to address you longer. Thank you!
give us the order. All we ask is that the
The Governor started to go in,
time and those orders will soon come. (Great
cheering and shouts “Hurrah for King
when he was requested by a gen-
White.")
eral officer to resume his position
for a moment. Then Col. White, Gov. Baxter replied:
ing).
of the Reconstruction Period in Arkansas.
227
COL. WHITE,I wish to say in response to face." intending only to counter-
your remarks that for one, I have never for march the command back down
one instant doubted the patriotism and loy-
Markham street to quarters in the
alty of these colored men who stand before
Ditter block, as he afterwards de-
me (cheers). I well know that attempts have
clared. But, as he was about to
been made to change their sentiments and
attitude; but in the midst of it all they stand
as firm as the Rock of Gibraltar. (Amen! Rose rode abruptly through the
laughter and cheers.) And allow me to say band, as it was playing, his horse
to you now, that in consequence of the con- striking against some of the musi-
dition of my health, I must be permitted to cians. He excitedly asked Col.
exhort you, in conclusion—be patient, conduct White if he intended to march his
yourselves orderly, and have no fears for the men further up the street (in the
consequences.
direction of the State House), to
The Governor retired from the which question Col. White an-
balcony amidst enthusiastic cheer-. swered: “I had not so intended,
ing. If this was a preconcerted sir; but I wish to warn you, that
tableau vivant, or posing for effect, I'll not permit you to ride over
it was about as impressive a one the men of my command, if you
as could have stirred men's blood, are an officer of the United States.”
and declamation such as men's Capt. Rose replied, warmly, that
ears have very seldom listened to his men must keep their place,
Col. White's men were well fed; and he “must keep his place."
they were lodged with compara- Col. White retorted: “You are
tive comfort, and cared little about an officer of the United States
returning to those “fields and army and ought to be a gentle-
them to betray their leader and permit you to ride over my men,
desert Baxter, they undertook an nor over me, sir!"
impossibility. i.
On hearing this remark, it is
It seems to have completely be said by witnesses, Col. Rose
wildered Col. Rose, the Federal drew his pistol and made a gest-
commander, who had heard and ure or feint of striking at Col.
witnessed it all from his position White; that White struck the pis-
on his white horse in the center tol up with his hand, and it was
of the street, twenty steps from discharged in the air above his
the band. At the conclusion of head. Col. Rose denies that he
Gov. Baxter's remarks the band had any arms except his saber,
struck up. Col. White rode to and consequently could not have
ward the band, on the right of his drawn a pistol. Col. White main-
line, and gave the order “right tains that Rose had a pistol and
228
The Brooks and Baxter War: a History
drew it; that he (White) struck it the Metropolitan Hotel, it is sup-
up, when it was discharged with a posed, from all indications) struck
loud report, and that a negro on the back of his head, another his
the sidewalk also fired a pistol at side, and caused his death in
one of the two officers, which he less than an hour. The shower
could not say.
of bullets that fell from the same
These reports of fire-arms (noth- direction was intended doubtless
ing could have so effectually con- for Baxter.
duced) caused the wildest excite- Mr. Shall was not engaged as
ment. An indiscriminate firing a combatant, but was a conserva-
began immediately between the tive and sympathizer in the Bax-
Brooks men standing on the oppo- ter movement. He left a large
site corners, and in the windows estate. A mother and sister sur-
of the Metropolitan Hotel, and vived him to mourn his untimely
Baxter men on the south side of end.
the street, extending in the direc- Col. Wm. A. Crawford received
tion of the Anthony House. Min- a glancing shot in the head, and
nie balls filled the air, and the Col. Dan Jones was hit and slight-
crack of the rifles was followed ly wounded. One of White's col-
by the crashing of glass. About ored men, received a ball in the
two hundred of White's braves foot, and another was hit on the
were without arms, and they arm. O'Sullivan, an editor and
speedily disappeared, taking shel Brooks man, was shot from an
ter in the stores or down the alley alleyway, with a rifle, the ball
west of the Anthony House. passing through both legs, break-
Shots from Springfield and Win- ing them. It was at first thought
chester rifles rained upon the west his legs would have to be ampu-
end and front of the Anthony tated, but that was not done fortu-
House. The balcony upon which nately, for he ultimately recovered.
Baxter stood when he addressed A chambermaid at the Anthony
the line of soldiers a few minutes House, in the panic caused by the
earlier was ploughed by bullets firing, jumped out of a second
from army rifles. Mr. David F. story window and broke her leg.
Shall, a wealthy real estate man At the opening of the fire Col.
and old and respected citizen of Rose wheeled his horse and rodé
Little Rock, was sitting in a win- to the City Hall, in the direction
dow of the Anthony House office of the State House. He quickly
with his back out of the window, formed his men in line across
which was near the pavement, Markham street. They took the
conversing with some one in the trucks of the hook and ladder fire
office. One of the rifle-balls (from company and erected them into a
of the Reconstruction Period in Arkansas.
1.229
barricade across the street and in grim expectancy. Looking at
placed behind it two pieces of ar- the ground, the streets, hotels,
tillery, promptly brought from the. and calculating the close proxim-
corner of Main and Fourth streets ity of the antagonists, one could
(U. S. Court-room). He also fancy the slaughter that would
placed a piece in position at the have been the consequence of a
corner of Second and Louisiana general engagement there. Be-
streets, pointing to · Markham sides loss of life, there would have
street, along which he anticipated been doubtless a fearful confia-
the Baxter men would march to gration and great destruction of
the State House, and made ready property. So ended the seventh
for action. Gen. Newton rode up day. All was quiet at nightfall.
and down the Baxter lines, form- Tom Jones, of Mr. Gibbs' book
ing his men on different streets store, saw the meeting of Colonels
and giving them directions. A White and Rose, and the first shot
general engagement of the Baxter fired. He thus relates the inci-
men on one side and United States dent in the Republican of the 22d:
soldiers and Brooks men on the Col. Rose rode forward to Mr. (Col.) White,
other seemed inevitable. A and in doing so ran over one of the colored
strong party of resolute Baxter members of the band. The colored man at
men (“veterans of the Pope Coun the head of the Baxter men then drew up his
ty War') rapidly advanced under musket and fired at Col. Rose, but did not hit
the river bluff, beyond Main street. him. A moment aſter, a shot was fired at the
in the direction of the State House, corner of Scott street, east of the Anthony
House, and the firing became general.
from the rear if the action went Rev. Gillem, a colored divine,
on, and only awaited the advance while forcing his way through a
of the main column and sound of glass door of Ober & Co., oppo-
firing. After a half hour's sus- site the Anthony House, to clear
pense, it was evident that there the way for the combatants dur-
would be no more fighting ing the firing, was badly cut with
Crowds again appeared on the glass on the face, hands and arms.
streets (without arms), making in- Mr. Castleberg was cut with glass
quiries and telling incidents of the in the same doorway. A. colored
skirmish, but there were no more man, a stranger in the city and
demonstrations of hostilities that not connected with either side,
day. The United States detach- had an ear taken off by a bullet.
ments stood to their arms behind James Hill, a colored hack-driver,
the hook and ladder barricade, was shot in the thigh. The Uni-
and by their field-pieces at the ted States flag in front of Baxter's
street corners for an hour.or more headquarters was pierced by sev-
230
The Brooks and Baxter War: a History
eral bullets. All was quiet at people of that race in Arkansas.
nightfall. Strong guards of Bax He was a member of the Minstrel
ter men were placed at the corner (Clayton) State Central Commit-
of Main and Markham streets, and tee when the fight was commenced
the pickets along the line strength- on Baxter. He refused to join his
ened generally. A large part of former confreres in that fight, and
the force of Col. King White, when he heard that Brooks had
those who were unarmed, were taken forcible possession of the
sent down the river to their homes. State House, he instantly tendered
H. King White was the most his services, by telegram, to Bax-
conspicuous figure, next to Brooks ter, and commenced organizing
and Baxter, who took part in the the negroes to go with him to the
Brooks and Baxter War. He has State Capital to reinstate the Gov-
been criticised in consequence, ernor. He is a man of unusual
but seemed careless of what oth strength of intellect and origin-
ers thought of his actions in mat- ality ; full of resources, energy
ters of either public or private in- and audacity. He is so frank and
terest in which he became en fearless in his manner with men
listed. He was about twenty-eight that he controls them by sheer
years of age in 1874, tall, raw- force of will and dash-he runs
boned, red-haired and freckled. Over them, as it were, if he can.
He was a Kentuckian by birth, If he finds he cannot, bows to the
and had early training in war un- inevitable, and follows with them
der Gen. John Morgan, the fam- or withdraws, as his interests may
ous Confederate cavalry leader. appear to him. He is a ready and
He married in Pine Bluff soon after impressive speaker and skillful de-
the surrender, a granddaughter of bater at the bar or in the party
ex-Gov. Roane, was a nephew of convention.
Rev. 1. C. Trimble, Episcopal After the excitement was all
clergyman of that place, who had over Gov. Baxter sent the follow- .
served as a chaplain in the Con- ing telegraphic dispatch to Presi-
federate army. He allied him- dent Grant:
self with Powell Clayton in the
To the President of the United States :
early days of reconstruction, and
was made prosecuting attorney of
As I cannot move my troops to assert my
claims to the office of Governor without a col-
his district by Clayton, entering
lision with the United States troops, which I
with apparent zest into the organi-
will not cause under any circumstances, I pro-
zation of the Republican party in
pose to call the Legislature together at an
his county, the large majority of
early day and leave them to settle the ques-
whom were negroes. He ac- tion, as hy law they alone have the jurisdiction.
quired an ascendency over the But to do this the members of the Legislature
of the Reconstruction Period in Arkansas.
231
must have assurances of protection from you or's private seal, “the seal of State
and a guaranty that they may meet in safety. not being at present accessible.
This will be a peaceable solution of the diffi- The Republican of the 22d con-
culty, and I will readily abide the decision of tained a misspelled copy of Bay.
the Legislature. ELISHA BAXTER,
ter's proclamation for an extra
Governor of Ark.
session, with types having the ap-
This was a capital thought. It pearance of being pied, without
was as simple as the discovery of inserting or publishing separately
America by Columbus, wafted by the President's dispatch to Bax-
trade winds; yet thoughtful and ter. But an editorial article in
comprehensive. That body, it the paper of that issue alludes to
will be remembered, contained it in the following terms:
the twenty-eight men whom the The grave change in the situation yester-
Brooks convention placed on a day toward night was manifest to every one
“roll of infamy.” That body on the streets. The telegram of the Presi-
voted down the “ railroad steal dent, though brief, and not at all dictatorial,
bill” of McClure & Co., and re- produced its effect. Where but a few minutes
jected Brooks' petition for a con-
before its receipt, had been armed men not at
test against Baxter.
all inclined to show how one can love his
neighbor as himself, but a few minutes after-
In a short time Gov. Baxter re-
wards were cheering, if not cheerful individu-
ceived from the President, himself,
als, who proclaimed “this cruel war is over,"
the following dispatch:
and they went home on foot and otherwise at
WASHINGTON, April 22, 1874.
once. There was only a small guard left
Hon. Elisha Baxter, Little Rock:
about Gov. Brooks and Mr. Baxter to insure
I heartily approve any adjustment peacea-
their safety, etc., from that class who do not
know what law is, and never respect it.
means of the legislative assembly, the courts Forty-five Federal soldiers,
or otherwise—and I will give all the assist- armed, came down on the Cairo
ance and protection I can under the Constitu- & Fulton railroad via Columbus,
tion and laws of the United States to such from Humboldt, Tenn., under
modes of adjustment. I hope that the mili- Lieut. Noble, of the Sixteenth
tary forces will be now disbanded.
U. S. Infantry, to reinforce Col.
U. S. GRANT,
Rose. Col. A. C. Pickett and
President.
ident. Judge McCurdy, with a company
Thereupon Gov. Baxter imme- to reinforce Baxter, attempted to
diately called a meeting of the get on the same train, but were
Legislature in extra session to meet prevented, by the aid of this force,
at Little Rock May, A. D. 1874, from taking passage without pay-
signed by him and countersigned ing their fare. They waited for
by J. M. Johnson, Secretary of the next train,
State, but still over the Govern- The Secretary of State, J. M.
232
The Brooks and Baxter War: a History
used permiin Bluphed Goth Col. Wod troops"
Johnson, having arrived in Little of that date also chronicle that
Rock after a short visit to his “the steamer Clarksville left for
home in Madison County (elected Memphis Wednesday afternoon,
over Fulton, the colored candi- taking with her to Pine Bluff Col.
date, by a large majority), whose H. King White's colored troops."
title to his office was never ques. On the 24th Col. White tele-
tioned, went into the State House graphed Gov. Baxter from Pine
the 22d inst. to take his place in Bluff that he had organized 200
his office, but was refused permis- white men, armed and mounted,
sion to take charge of the office ready to move whenever he should
or the papers. Gen. Upham, be- receive orders. And the same
fore admitting him, demanded date Gov. Baxter, through A. H.
that he send his card to Gov. Garland and E. W. Thompson
Brooks, who, hearing the conver- presented to John McClure, for
sation, came out to meet him. the consideration of Mr. Brooks,
Johnson desired of him to know propositions in five paragraphs,
if he recognized him as Secretary summarized as follows:
of State, to which Brooks replied
that he did not, after his action of missed to their homes, except a body-guard
1. That all troops, of either side, be dis-
signing Baxter's proclamation
for each contestant.
calling an extra session of the
2. That hostilities cease and disputes be
Legislature. Col. Johnson retorted
submitted to a competent tribunal.
that he was not aware that Judge
3. That no person be molested for anything
Whytock had decided that he was
done during the disturbances.
not Secretary of State, and asked
4. That Col. Page (Treasurer) furnish trans-
by what right he was denied ad-
portation to departing troops.
mission. “Military necessity,"
replied Gov. Brooks. Thereupon
5. That citizens having business with the
State offices be admitted peaceably, without
the Secretary retired and made
molestation, to such office.
application in writing for the
books and records of his office. To this proposition Gov. Brooks
He received no reply. He ap- replied in an article of nearly a
pointed Hon. A. H. Garland his column, as published in the Re-
deputy.
publican, beginning :
A large body of negroes the
Hons. A. H. Garland and E. M. Thompson:
same day went into the Brooks
GENTLEMEN—The propositions submitted
camp from Forrest City. W. P.
by yourselves on behalf of Elisha Baxter, to
Walsh and Geo. Prichard arrived
me through Judge McClure, have been re-
with a few "colored troops" and
ceived. You assume at the outset that the
wento into Brooks' lines. The
question of who is the legal and rightful Gov-
“river news” of the daily papers ernor has not been decided by competent au-
of the Reconstruction Period in Arkansas.
233
thority. (He then sets forth all the grounds of the late war, and a great many
of his claim to the office.)
negroes.
If Elisha Baxter proposes to resort to That day, for covering and aid-
peaceful means to enforce his rights, he does ing an assault when it should be
not need even a company of armed men at decided that one was to be made.
the capital, and if he proposes to assert his the Baxter men hauled up to Scott
pretended rights by force, I must and will, of
street and repaired the old sixty-
necessity, place myself in condition to repel
four-pounder that had stood on
attack. * * *
the river bank near the Kramer
I have, through Col. Henry Page, one of
school-house, where it had been
my aides-de-camp, been furnishing transpor-
tation to such persons from the country as
spiked by the Confederates on the
have been induced to come here to depose
evacuation of the city, having
the legal Governor, who on learning the facts, formed part of the battery of the
desired to return to their homes. You can gallant Capt. John T. Trigg, who
say to one and all of Elisha Baxter's follow. was unable to move it off, and after-
ers, that Col. Page will, at any time, on appli- wards known as “Lady Baxter."
cation, furnish transportation to such as may Gov. Baxter, on the same day, sent
desire the same.
the President the following dis-
Persons desiring to transact business with patch:
any of the offices of the State, including the On the 19th of this month, as Governor of
Executive office, need have no fears in going
this State, I telegraphed you that there was an
to the State House of being interrupted or armed insurrection against the legal govern-
disturbed.
JOSEPH BROOKS,
ment of this State, and made requisition upon
Governor of Ark.
you for aid to suppress it, and to prevent do-
On Monday the 26th inst., after
mestic violence. I have just now been ad-
a twenty-four-hour truce, all was
vised that you never received that requisition.
I now take occasion to say that an armed
quiet along the contending lines.
insurrection exists in this State against the
Both sides published offers of rein-
lawfully constituted authority thereof, and as
forcements. The preparations for the Legislature cannot meet until the 11th day
the combat continued. In the of May, I call upon you for aid to protect the
Brooks camp there was drilling State from domestic violence.
and throwing up breastworks
ELISHA BAXTER,
around the State-house yard.
Governor of Ark.
These preparations were closely On the 28th H. King White, at
watched by and known to the Pine Bluff, now promoted Briga-
other side. The material of which dier General, telegraphed General
the. Brooks army was composed Newton that he had 1,300 men
was pretty well understood: sev enrolled; would send 200 around
eral hundred intrepid white men, to Little Rock on Thursday.
under the lead of brave and expe- Signed, “H. King White, Briga-
rienced officers from both armies dier General Commanding."
16
234
The Brooks and Baxter War: a History
The Brooks men showed no funds taken possession of under protest.
disposition to cease hostilities. Drew, Lincoln and Bradley counties all right
Two thousand Springfield rifles for Brooks. (Signed by the Sheriff.)
and 13,000 rounds of ammunition
J. F. VAUGHN.
were shipped to Brooks from St. After this telegram came the
Louis, through purchases by Geo. following:
W. McDiarmid, paid for out of
PINE BLUFF, April 25, 1874.
the State treasury, i. e., on the
John M. Clayton :
State's credit. The arming of King White has taken possession of the
militia to fight over the property court house and telegraph office.
of the wretched people of Arkan-
GEORGE HAYCOCK.
sas would pay their former State
PINE BLUFF, April 25, 1874.
expenditure. This will give an
Martial law is declared in Pine Bluff.
idea of the luxury of war, when
Drums beating up and down the street.
rulers of old contended for the
J. W. M. MURPHY.
prey that official power still sug-
PINE BLUFF, April 27, 5:35 P. M.
gests. Financial schemes of gain
King White with an armed force in the
are an improvement on the older
court house. Barton has issued a circular
method—not so hazardous to life
order assuming command of the Eastern
and limb. The patent drill Of District of Arkansas. Clay and Rice with
office, the poet Lowell suggested, thirty men here from Lincoln. Say they are
as the better method of modern going to reinforce Baxter.
civilization. Modern civilization,
F. K. LYMAN.
like the ancient, has only to be I n his testimony. afterwards.
"scratched" to disclose the sav- before the Poland Committee.
age under the skin.
Gov. Baxter denied that he had
The Republican of the 27th
ever authorized martial law
stated that Col. Page had already
throughout the State or in Jeffer-
furnished transportation for over
et son County
on
four hundred of Baxter's men re-
turning to their homes, but in the I did declare martial law in Pulaski County,
same column relates the arrest of and attempted to enforce it. I did enforce ic
an Eastern correspondent while
as best I could, and would do so again under
similar circumstances. I want to say once for
viewing the “big gun” in the
all, that I think it unmanly for those gentle-
Baxter lines; also published the
men to complain about arrests, and about
following telegram from Pine
this man being taken and that man being
Bluff, of April 25th, entitled, “How
taken during a state of war. I understand a
is This?":
state of war to mean freedom to make arrests
Jefferson County is under martial law by and, if necessary, to kill men.
command of Brig.-Gen. White, of Baxter's This leads me to speak something by way
forces. Sherift's office, with tax-books and of explanation of a separate declaration of
of the Reconstruction Period in Arkansas.
235
martial law in Jefferson County. Although Surgeon, David H. Dungan; Asst.
some of my own friends have attempted to Surgeon, A. F. Kaufman; Quar-
explain it, they never have explained it so far termaster, Henry Rudd; Capt.
as I know. As a fact, during “the troubles”
and Asst. Quartermaster, Moses
(I do not know what else to call them) I was
Reed; Capt. and A. A. G. Staff of
on one occasion very unwell. I believe
Gen. Lee L. Thompson, John S.
(though my physicians never told me) that I
was under the influence of opiates. A number
Duffie; Aide-de-Camp, W.B. Mor-
of distinguished gentlemen (who were re-
gan; Capt. ist Reg. Light Artil-
quired by my physicians not to disturb me), lery, Jas. A. Bridgman; 2d Lieut.
without any sort of communication with me, Battery, W. E. Hinman.
in consultation by themselves, in a separate The officers of the First Regi-
room (as I understand the case), concluded ment State Militia, are: Col. John
that it would be better to have martial law Brooker. Lieut.-Col. A. S. Fowler.
declared throughout the State. Some one of Mai. 1. D. Sibbald. Maj. 1. A. Sib-
them drew up a proclamation of martial law. bald on staff of Gen. Catterson:
Captains George N. Perkins (col.),
Wm. H. Rector (col.), Jesse But-
way I understood it. He, assuming that I
would sign the proclamation, telegraphed to
ler (col.), Isaac Gilliam (col.), J.
King White, in Jefferson County, that martial K. Barnes (w.), Henry K. Pink-
1
this proclamation was brought for my signa- Brown (col.), Chas. Goerte, com-
ture I declined to sign it.
missioned Captain of the Gover-
nor's Guard.
The Republican of April 25th,
While under the excitement of
published the following as a “ full
news of King White's reign of
roster” of military officers in com-
terror in Jefferson, the Brooks
mand of Gov. Brooks' State Mili-
people heard heavy firing in the
tia, furnished by Adit.-Gen. Up-
neighborhood of the Union Depot.
ham :
About 2 A. M. the 30th of April,
Major General, commanding Gen. T. J. Churchill with a party
State Militia, R. F. Catterson; of Baxter men, including his aide-
Commandant of the Post, Lee L. de-camp Terry, Ed. Doyle, Booker
Thompson; Brigadier General, O. Worthen, Henry Brooking, Frank
S. Dillon; Adjutant General, D. Timms, Fred. Syberg, Eustace
P. Upham; Chief of Artillery, Col. Officer, J. M. Pomeroy and E.
Edwin Bancroft; Surgeon Gen- Conway, marched to the depot to
eral, Thomas Smith; Asst. Quar- protect an expected arrival of
termaster General, M. L. Andrews; Baxter reinforcements. A de-
Ordnance officer, Maj. Geo. M. tachment of Brooks militia, com-
French; Captain Brigade Surgeon, manded by Col. W. S. Oliver, was
Jas. A. Dibrell, Jr.; Major Brigade sent out of the State House to

236
The Brooks and Baxter War: a History
reconnoiter their movements. Judge Advocate; Col. John S. Duffie, Quar-
George Counts, in advance, was termaster; Col. Dan O'Sullivan, Chief Com-
fired upon by the Baxterites, who,
missary; Maj. E. B. Blanks, A. A. Q. M.
finding themselves outnumbered,
By order of
J. F. FAGAN,
took refuge in a saloon near the
Maj. Gen. Commanding.
C. THROWER, Col. and A. A. G.
depot. Col. Oliver, of the Brooks
militia, surrounded the house and A lengthy and able address “to
demanded their surrender. Pom- the people of Arkansas,” in sup-
eroy made his escape on horse- port of Gov. Brooks, was issued
back. Gen. Churchill was par- the same day by well-known citi-
oled. The others were kept in zens of Arkansas, viz.: J. G.
the guard-house a few hours and Frierson, Geo. M. Wright, J. D.
released. But something must be McCabe, W. R. Cody, Jordan E.
done at the State House.
Cravens, M. T. Sanders, H. W.
April 30th Gen. Jas. F. Fagan, McMillen, R. B. Carl Lee, Ben T.
having been appointed by Gov. DuVal, D. McRae, J. F. Fagan,
Brooks to the command of the W. F. Rapley, L. H. Mangum,
Arkansas militia, published an ad- Lee L. Thompson, V. B. Izzard,
dress “to the people of Arkansas," P. Dunn, E. B. Blanks, M. Ander-
in which he upheld the claim of son, D. Breidenthal, C. Thrower,
Brooks to be the legally chosen J. C. McCauley, D. M. Kavanaugh,
Governor of Arkansas, and issued J. T. Humphreys, M. L. Bell, L.
the following orders:
C. Gause, T. M. Gunter and
others.
[General Order No. 1.]
HEADQUARTERS ARK. MILITIA FORCES,
Congratulatory telegrams were
LITTLE ROCK, April 30, 1874.
sent to Brooks, May 5th, from H.
By order of Gov. Joseph Brooks, Comman- B. Stuart, J. W. Miller, R. D.
der-in-chief, I hereby assume command of the Hearne and G. W. Reed, of Arka-
militia forces of the State of Arkansas. delphia; W. H. Barry, of Monti-
J. F. FAGAN, cello; R. H. Dedman, of Prince-
Major General Commanding. ton, Elias Harrell, of Madison
[General Order No. 2.]
County,
HEADQUARTERS ARK. MILITIA Forces,
The case of Brooks vs. Page,
LITTLE ROCK, April 30, 1874. ]
application for mandamus to Page
The following officers are assigned for duty
duty to pay warrant issued on requi-
on the Staff of the Major General command-
sition of the Governor, was tried
ing militia forces of the State of Arkansas:
Brig-Gen. Dandridge McRea, Chief of
s before McClure, Ch. J., and Ste-
Staff; Lieut.-Col. D. M. Kavanaugh, A. A. G.;
phenson and Searle. Governor
Col. Bob Newell, Inspector General: Col. Brooks' attorneys were his Gener-
Poindexter Dunn, Aide-de-Camp; Col. John als, Mangum and McRae, M. T.
D. McCabe, Aide-de-Camp; Col. M. L. Rice, Sanders, C. Thrower, A. A. G. of
sent Stuart, I w. Reed, of Monti-
of the Reconstruction Period in Arkansas.
237
Gen. Fagan, and W. G. Whipple, No hesitation about signing
Gantt & Kimball, Benjamin & now, even under the excitement
Barnes. Page, to protect himself, of “war's alarums." No occasion
he declared, required an order of for a “fly-leaf.” Perhaps no air-
the court, and denied Brooks' offi- drawn “fly-leaf” passed across
cial authority to make the requi- the mental vision of Stephenson
sition. A replication by Brooks or Searle in signing their names
set up the Whytock decision. to the foregoing “record.” They
Attorney General appeared for fancied it a record. It could not
the State and submitted his briefs rightfully be considered one un-
in the quo warranto cases of Brooks der the circumstances.
vs. Baxter and Wheeler vs. Berry. Dispatches to Gov. Brooks were
The court decided that Brooks received, April 27th, from W.O.
had been awarded the office le- Lattimore, E. B. Harrison, H. C.
gally by Whytock's Circuit Court Bottefur, T. J. Hunt, L. D. Flani-
judgment, in these words:
gan and John Springer, sent from
The only question that we deem it neces-
Fayetteville, assuring him of their
sary to notice. is: Did the Circuit Court sympathy with his cause, and
have the jurisdiction to render the judgment other dispatches from R. L.
in the case of Brooks vs. Baxter. We feel Archer at Camden, J. A. Barnes
some delicacy about expressing an opinion at ElDorado, tendering “troops."
upon the question propounded, but under the News was sent him also from Pine
pleadings, it has to be passed upon incident- Bluff that King White had ar-
ally, if not absolutely, in determining whether rested but released to report again
the relator is entitled to the relief asked; for Mallory, Kenyon and Silverman.
his right to the office, if established at all, is
just returned from Little Rock,
established by the judgment of the Circuit
and had taken C. H. Rice, a
Court of Pulaski County. We are of opinion
that the Circuit Court had jurisdiction of the
wealthy planter, prisoner, and
subject matter, and its judgment appears to captured Prigmore, and that he
be regular and valid.
was watching for other Brooks
Having arrived at these conclusions, the men expected down by steamer.
demurrer is overruled, and the writ of man Col. John A. Williams, who
damus will be awarded as prayed for.
testified before the Poland Com-
JOHN MCCLURE, mittee that he was “eminently a
JOHN E. BENNETT, civilian,” was also arrested on two
E. J. SEARLE,
warrants ordered by Gen. White.
M. L. STEPHENSON.
One, he testified, was issued by a
If Baxter was a usurper, so were magistrate, charging “treason, by
the two Judges elected on the giving aid and comfort," and the
ticket with him-Searle and Ste other“squarely charging treason."
phenson.
He demanded bail and it was fixed
238
The Brooks and Baxter War: a History
at $3,000 on the first, but denied behind a fence and returned
altogether on the second! Wil White's fire until their ammunition
liams wished to appear as coun- was expended. Nine of Murphy's
self or Vaughan, the Sheriff, Prig- men were killed (?) and thirty
more, the Clerk, and Murphy, also wounded. Vandesande was badly
under arrest. He said the war- beaten over the head. Murphy
rants were in King White's hand, was hit in the head. Surgeons
with which he was familiar. Mur- were sent from Pine Bluff to care for
phy was rich, and he and White the wounded. Three or four of Col.
were great friends personally. White's men were wounded. Mur-
phy was taken prisoner and lodged
“Coal-oil Johnny.” He followed in White's bastile at Pine Bluff.
the lead of Col. Williams, and was Johnny boasted that he was “self-
active in behalf of Brooks.
made," but White said he “put a
April 30th the dispatches from head on him.”
Pine Bluff contained information On Sunday night, May 3d, as
that King White had left there the Memphis train reached Ar-
with 200 men; that he went down genta, having on board the two
the river on the “ Hallie" to at- Associate Judges, John E. Ben-
tack Murphy, who was collecting nett and E. J. Searle (they were
a force for Brooks on the planta- returning to make a quorum of the
tions around New Gascony. Supreme Court of the State)
Dispatches from Pine Bluff, of Capt. Williams, of the Baxter
May ist, described an engage- forces, since Sheriff of Hempstead
ment on the 30th of April at New County, boarded the train with an
Gascony, on the Arkansas River, armed escort. After a short par-
below Pine Bluff, in which King ley he took the Judges prisoners
White, of the Baxter forces, sur- and hurried them across the river
prised and put to rout a company in skiffs, but where they were
of Brooks recruits (negroes) col- taken could not be learned.
lected there by Col. J. M. Murphy, Traces of them were found at St.
men were at Cornerstone church, traces were lost. Their arrest and
about one hundred and twenty in disappearance created the great-
number, having assembled for pa- est excitement in the State House.
rade. White had come down on It was believed by the Brooks
a steamboat from Pine Bluff, and people that the Judges had been
pressing horses, had mounted his taken into the woods south of the
men, whites and some negroes, city and assassinated.
fully armed, and charged the On the morning of the 4th of
Brooks new levies, who retreated May, Mr. Eugene M. Bennett, of.
of the Reconstruction Period in Arkansas.
239
the Merchants' National Bank, re- were out in crowds after midnight,
ceived from his father, Judge Ben- and great excitement prevailed .
nett, through Gen. W. D. Blocher, without apparent cause. It pro-
note in his father's hand:
resentment at the capture of the
two Judges.
I suppose you know that Judge Searle and I
A writ of habeas corpus was sued
were captured in Argenta last night. I am alive
and well treated. Please telegraph your mother.
out and served on Gen. Churchill,
Do not know when I shall be released.
commanding him to produce the
bodies of E. J. Searle and John E.
May the 4th Gen. D. McRae, of Bennett, the missing Judges.
White County, arrived and went Gen. Churchill returned that they
upon duty as Chief of Staff of were not in his custody, and he
Gen. Fagan. Brig.-Gen. Mangum had no knowledge of their where-
was commissioned and assigned abouts. Col. Page, upon request
to the command of the first brig- of Chief Justice McClure, pro-
ade, comprising all the troops duced the piece of paper found
south of Markham street, includ- by him in a room in St. John's
ing those in the Benjamin block. College, which he pronounced the
Gen. Ed. J. Brooks, of the Second writing of Judge Bennett. It was
Arkansas Infantry of Fort Smith, as follows:
was commissioned Brigadier Gen-
AT ST. JOHN'S COLLEGE, May 3, 1874.
eral and assigned to the command
Hon. Elisha Baxter, Governor, Little Rock:
of the second brigade, which in-
cluded the troops in and around Upon the arrival of the Little Rock and
the State House. Brooks received Me
large reinforcements during the That was all. C. H. Noble,
day. About 9 o'clock that night Lieutenant U. S. Infantry, stated
the Baxter guards were doubled, in a note to Judge McClure, that
and no one was allowed to pass the unfinished note sent by him to
up or down Markham. All hack- Col. Page, was found in the room
men were ordered off the stand of Cadet Wilson. Young Wilson
at the Metropolitan corner. At described the two persons who
10 o'clock Company C, U. S. In- were brought to his room the night
fantry was called out at the City of the 3d, so as to leave no doubt
Hall, west of the Metropolitan that they were the missing Judges.
Hotel, and formed across Mark- On the 5th inst., passengers from
ham street, and at midnight Com- Benton, Saline County, brought
pany I, U. S. Infantry, was sta news that the two Judges were at
tioned at the corner of Louisiana the hotel in Benton under guard;
and Second streets. The people that they arrived at Benton on
240
The Brooks and Baxter War: a History
horseback, under the guard of fif- Little Rock, while being guarded
teen or twenty Baxter men, who by two men, coming in the direc-
left them under a smaller guard. tion of Little Rock. They had
Col. John C. Wright, ex-Con- been taken from St. John's Col-
federate, was commissioned by lege by Maj. Walter Watkins and
Gov. Brooks Brigadier General of four men the night of the 4th of
militia in Union, and R. B. Smith May; arrived at Mr. Roland's farm-
Brigadier General in Ouachita, house, near Benton, and break-
Nevada, Dallas and Calhoun. fasted the next morning. They
News came from Fayetteville that remained at Roland's until 8 P. M.
Lieut.-Col. Fowler, of Brooks' Monday, under a guard in charge
forces had taken 106 stands of of Lieut. Summerhill, who in-
arms found in the Arkansas In- formed them that he was ordered
dustrial University, of which Judge to remove them to Benton, “as a
Gregg was a director or trustee, force of United States soldiers
and would land them in the State was in search of them.” Asked
House. The following telegram to show his orders, he produced
was received from Pine Bluff: them to the Judges. They read
Senator Dooley:
as follows:
Vansande is out of danger. King White, To the Armed Guard on the Benton Road:
with Savage and Stevens, arrived here to-day. You will immediately remove your com-
FRED. K. LYMAN. mand, and those you have in charge back to-
ward Benton. WM. A. CRAWFORD,
The Gazette declined to publish
Brigadier General.
the address of Gause, Bell and
Gunter, the Brooks sympathizers
Col. A. H. Rutherford, an old
at Washington City. Col. Cad citizen of the vicinity, at their re-
Polk, of Helena, declined to fol quest, accompanied the prisoners
low Fagan into the Brooks camp. to Benton, with their guard.
The Republican retorted that On the way they met Gen.
“there was another instance of Crawford, who took them to Ben-
such refusal, viz., the 4th of July, ton and lodged them in Pack's
1863, at Helena.” Fagan was hotel. The sheriff, Thompson,
under Holmes in that assault on went to see them at the hotel and
Curtis' breastworks. Whether offered to discharge them, but
Polk was in Fagan's command they “did not desire to accept his
there or not, it is certain that he proffered kindness, as they pre-
led, if he did not follow the com- ferred to be released by the au-
manding officers on that day. thority that placed them under
The missing Judges made their arrest; that in the present excite-
escape at Ten-mile Creek, west of ment their release otherwise might
of the Reconstruction Period in Arkansas.
241
endanger property and life; they assuming command. He assigns
believed they would be protected various officers to duty and con-
in there personal safety there, and cludes with paragraph
would not if they should go on
V. In assuming command, I would impress
the train." One sound conclusion ,
upon the officers and men the importance of
though an interested one. They
strict obedience to orders. Our efficiency as
were called on by Col. Jabez M.
soldiers depends upon it. We have taken up
Smith, a prominent lawyer, and arms to enforce the laws and to preserve
by him it was suggested that peace, not to make war. But if the issue of
Sheriff Thompson accompany war be forced upon us, I rely upon your
them with a posse to Scott's, on bravery and patriotism to meet it like men.
the road to Little Rock, for that
L. H. "MANGUM,
night. The Sheriff and the Lieu-
Brigadier General.
tenant started with them from Brooks received most encour-
Benton Tuesday night. On arriv- aging telegrams from E. A. War-
ing at the forks of the road the ren, Texarkana; J. W. Spaulding,
Lieutenant hesitated to meet the Greenwood; Prof. James Mitchell,
Federal soldiers who were sup. of Boonsboro; J. E. Bennett, of
posed to be seeking them, and Fort Smith, who telegraphed that
proposed to the Sheriff that he "the Democracy, excepting the
release them then and there, bourbons of Sebastian, would sus-
which they did, Summerhill giv- tain him to the bitter end."
ing up his pistol to Judge Ben- May the 7th the steamboat
nett in assurance of his good faith Hallie, under command of Capt.
and the Sheriff riding back to Ben- Sam Houston as naval comman-
ton. At Ten-mile Creek, meeting der, her proper captain, Ed. Bow-
an armed force, Judge, Bennett lin, and with Capt. Welch's com-
with Summerhill's pistol into the on board, was ordered by Gen.
woods. Searle halted the com- Newton to proceed up the river
mand and found it to be a body and intercept and capture if pos-
of Federal soldiers, under com- sible Col. Fowler, with his raft or
mand of Lieut. Morrison, in search flatboat, coming down the river
of them. Bennett was all night with guns he had taken from the
traveling the ten miles to Little Arkansas Industrial University.
Rock, but got in about daylight. Welch's company mustered about
May 5th Gen. Mangum, of Hel- forty, and was composed of the
ena, former Adjutant General of first young men of the city, though
Pat Cleburne, now Brigadier Gen- indifferently armed. Will Terry,
eral of First Brigade in the Brooks Worthen and Curran were officers
army, issued his Order No. 1, on also of the company. The Haliie
242
The Brooks and Baxter War: a History
left about 3 o'clock A, M., and, in Capt. Houston, who was on deck,
passing the State House, was answered him with his character-
fired upon. Gen. Fagan became istic brusqueness, and signaled the
aware of the object of the Hallie's pilot to go ahead. The Baxter
mission, and in a short time had men, suspecting an ambuscade, as
caused six companies of Brooks' no one had appeared but Grove,
First Arkansas militia, viz.: Com- went into position behind the bul-
pany A, Capt. Aiken ; Company warks of thick plank that had been
B, Capt. Stowell; Company C, erected around the bow of the
Capt. Pinckney; Company I, Capt. boat, forming a horse shoe, one
Cox; the Governor's Guard, un side of which only afforded pro-
der Capt. Chas. Goerte, and Capt. tection. It was well they did so,
Gibbons' independent company, for as they neared the bank
all under command of Col. Jack chosen for the ambush, they re-
Brooker, to be put on board the ceived a murderous fire from
train going to Fort Smith, with Brooks' men, armed with the
orders to leave the train and form latest and best improved army
on the north bank of the river, at rifles. It riddled the six-foot
the mouth of the Palarm Creek, sheathing of the pilot house into
which the railroad crosses near a sieve, severely wounded the
the river at the Boyle-Danley pilot, Capt. John Meyers, in the
place, and prevent the further breast, knee and calf of the leg,
passage of the steamboat up the pierced the head of Capt. Hous-
river. The channel of the river ton, killing him instantly. A shot
flows near the northern bank there. pierced the breast of Frank Timms,
The militia got into position near one of the Baxter men, who was
the river protected by the undu passing forward from the engine
lations of the bank and logs room. Bascom Lee, another Bax-
placed in position, while the Hal- ter man, was severely wounded in
lie had stopped below to wood at the knee, and Ed. Houston, brother
the Natural Steps, on the opposite of Capt. Houston, and a negro
shore. Lieut. Grove was sent roustabout, name unknown. The
down the river a distance to hail balls cut the steam-pipe and dis-
the steamer, and as she came up abled the steamer so that she re-
order those in command of the mained half or three-quarters of
boat to proceed no further, but an hour under fire. Capt. Welch
return to Little Rock. When the and company returned the fire un-
steamer got under way and ap- til the steamboat was carried by
proached him within hailing dis- her momentum and the wind three-
tance and “slowed up” at his quarters of a mile from the place
signal, he delivered his orders. of attack, and their ammunition
of the Reconstruction Period in Arkansas.
243
aboutor, Esa nyingi
landre they tibet to Liteharge of
was exhausted. They mortally way down the south bank to
wounded, of the Brooks militia, Cabin Point, where they crossed
Jack Blackford (colored) of Com- over to the north bank and got
pany B, — Coleman (colored) of into the city through Argenta,
Company C, and inflicted slight about noon of the gth. E. W.
wounds on several others.
Rector, Esq., a young law student,
The steamer was carried or one of the party, gives the follow-
drifted against the south bank of ing account of their adventures:
the river, though there it is pretty Capt. Welsh and the men of
wide, and the military went ashore. his command, after the boat had
The mate tied up her pipe so as landed or drifted to the south side
to steam over, and deliver her to of the river, went ashore, and
the attacking party. Capt. Goerte were soon aware that a body of
and Lieut. Bell, of Brooker's com- cavalry had passed along the river
mand, were placed in charge of bank, and, for fear of capture;
her and took her to Little Rock, took a by-path that led through
where they tied her up to the a defile in the hills. Their ammu-
land under the guns of the State nition had all been shot out.
House. Drs. Dibbrell and Dun- They reached Maynard's in time
nigan were summoned and took for supper and were most hospit-
charge of the wounded. The ably entertained. After supper,
corpse of young Timms was taken as Mr. Rector was somewhat ac-
home by relatives, and Bascom quainted with the country, they
Lee speedily cared for. The killed made him guide and pushed on
were buried with imposing cere- down the south side until opposite
monies.
his father's plantation at Cabin
Col. Brooker and his command Point; they all crossed the river,
returned by railroad to Little thirty-five or forty of them, in a
Rock, but did not march at once single canoe, two at a time, and
to the Fort Smith Junction, where camped by a spring branch of
he anticipated meeting a force of White Oak Bayou, near Old Jack
Baxter men. He remained awhile Smith's house, a leader of the ne-
in position behind temporary groes in that locality. At the
breastworks of rocks on the de- McCann place, on White Oak,
clivities of Big Rock until in- they were furnished with break-
formed that he could reach the fast by Mr. John Collins, who had
bridge without opposition. His been a proprietor of the Anthony
fortifications remained as he left House for many years. Every-
them years after the occasion. thing was done that could minis-
The Baxter men who had been ter to their comfort. After break-
on board the Hallie made their fast, they marched along the roads
244
Tre Brooks and Baxter War: a History
and railroad track until they across the river into the Brooks
reached the Clendennin place, op- encampment, he would shell the
posite Little Rock. There a scout town! John Blackford, of Capt.
of cavalry sent by Gen. Churchill Stowell's Company, Brooks' mil-
met and escorted them into the itia, killed in the fight at Palarm,
Baxter camp.
was buried Saturday, the gth, at
A good portion of Saturday, 5 P. M., with the honors of war.
May 9th, the Baxter men were On Sunday morning Drs. Dibbrell
throwing up fortifications on the and Dungan reported the Brooks
river bank between Main and wounded in the hospital, in the
Scott streets. After dark single Benjamin block, Geo. Wilson, shot
shots were fired into the Baxter through the lung; Geo. Aiken,
lines while the Baxter men were through the thigh, and Wm. Wil-
placing the big gun nearer the kins, whose leg was amputated,
river. About 3 o'clock Sunday doing well.
morning a party of Baxter men Col. Fowler's flat with the Fay-
fired, from the Red Mill, at Stone- etteville needle-guns, having been
wall Jackson (colored), on guard, towed down by steamer Danville,
and thus brought out the Brooks reached the State House Sunday
guard on the Hallie, near there. night. Gen. Bishop, President of
During the melee, Baxter men, the University, went through the
who had crossed in skiffs, scuttled formality, at Fayetteville, of serv-
the steamer Hallie, which sank to ing a writ of replevin for the guns
the cabin deck. Trains on the on Col. Fowler, and summoning
Fort Smith & Little Rock Railway him to the June term of the Wash-
stopped running on account of ington Circuit Court. Col. Fowler
armed parties forcing passage. paid no attention to the writ of re-
Gen. King White arrived with plevin, but kept the guns and pur-
a company of mounted men and sued his journey with them. The
a company of foot at noon Satur- State arms in the arsenal (1600
day and reported several hundred stand) were taken to pieces by the
men fully armed coming on be- Federal commander and secreted.
hind with ammunition and com- About 2 o'clock White's cavalry
missaries. About 6 P. M. Aiken's crossed the river, supported by the
company, on guard at the sunken Lonoke company, Captain Eagle,
steamer, were withdrawn, and a and threw out a line along the
guard of Federal infantry placed Cairo & Fulton railway, to attack
over her by Lieut. Noble. Col. the Brooks force covering the
Bancroft, of Brooks'artillery, gave landing of the Danville, with the
notice to the citizens of Argenta Fayetteville needle guns and sup-
that unless they prevented firing plies. Brooks men crossed the
of the Reconstruction Period in Arkansas.
245
bridge to meet them. About 8:30 Gleason's Restaurant, under the
the firing was rapid on both sides Metropolitan Hotel, Summerfield
and the river bank lined with citi- ran, and they fired at him and hit
zens watching the skirmish. Col. Williams in the head, killing him
Rose dispatched a company to instantly.
Baring Cross, west of Argenta, The United States Infantry was
and quartered them in the railroad called out at the sound of the fir-
shops. A Rodman gun was planted ing, and formed across the street
at foot of Louisiana street, com- in front of the City Hall, behind
manding the low-lying level of the movable barricade of the fire-
Argenta. About noon a large trucks. Two Rodman guns, from
force of Baxter men got off at the the arsenal, were placed in battery
junction from Newport. The only at the corner of Markham and
casualty reported was.one colored Louisiana, a few feet behind or west
man of the Brooks camp killed, of the line of infantry. Brooks men
two wounded on the Brooks side covered the roof of the Benjamin
and four on the Baxter side. The block with arms, prepared to par-
Baxter men held possession of the ticipate if there was a charge by
Fort Smith & Little Rock Rail- the Baxter men. During the ex-
road shops, from which the Brooks citement a lady at breakfast at the
men tried to drive them. The Anthony House fainted while in
- workmen who remained in the conversation with Mr. Garland,
shops lay on the floor to avoid the who was acting as Baxter's Assis-
bullets.
tant Secretary of State, and who
News of the arrest was received assisted the lady to her room. The
on the oth of Gen. Brizzolara with United States Regulars, Saturday
eight men, at Spadra on the 6th, night, were stationed in the front
whither they were sent to seize and rear of the City Hall, on the
the steamboat Robert Semple, be- corner of Main and Third and
longing to G. A. Meyers. The corner of Main and Fourth. Great
owner obtained a warrant, which cheering in the Baxter lines at the
was served on Brizzolara by an arrival of reinforcements for Bax-
armed posse, the boat protected, ter from Lonoke.
and the would be takers released. The following dispatch from the
On the oth of May some Baxter United States Attorney General
men attempted to capture Lieut. to each of the "Governors” was
Summerhill, who, after releasing received at Little Rock, May gth:
the captured Judges, had deserted
WASHINGTON, D. C., May 9, 1874.
to the Brooks camp. As he and
It is agreed, this May 9, 1874, at Washing-
Sam Williams (of Lewisburg) and ton, D.C., between the respective attorneys and
two colored men were going into agents of Joseph Brooks and Elisha Baxter; ·
246
The Brooks and Baxter War: a History
claimants for the office of Governor of the State
of Arkansas, that on account of the conflicting
claims of the parties and the division of senti
ment among the people of said State, that the
Legislature of the State shall be called by the
said Brooks and Baxter to meet in extra session
on the fourth Monday of May A. D., 1874, at
12 o'clock noon, at the usual place of meeting
in the State House, each to issue a separate
call forthwith for that purpose, and the Legis-
lature so called shall be permitted to meet
without molestation or hindrance by either of
said parties or their adherents.
That they shall receive and entertain a com-
munication from Mr. Brooks, setting forth spe-
cifically the ground for his claim to the office
of Governor, as well as his reason for contest-
ing Baxter's right thereto. That they shall in-
vestigate the facts and allegations so set forth
by Brooks, and such investigation shall be
conducted in the manner prescribed by the
Constitution and laws of the State, giving to
both parties a full and fair hearing upon such
competent and relevant testimony as either
may offer. That the Legislature shall deter-
mine in the manner prescribed by law which
of the contestants received at the November
eleciion, 1872, a majority of the legal votes,
and declare the result, and the parties shall
abide that action.
Brooks and Baxter shall each relieve from
duty and send home all his troops, retaining
only so many as each may think necessary as
a body guard at Little Rock, not exceeding
one company. All warlike demonstrations are
to forthwith cease, and both parties are to keep
absolute peace and refrain from any interfer- .
ence with each other or their adherents until
the contest is finally decided by the Legislature,
or the national government has taken action
thereon. That until the determination by the
General Assembly as to who was legally elected
Governor, on a contest to be made before that
body by Joseph Brooks, the question as to
which of the contestants has the legal right to
exercise the functions of the office of Governor
must at his discretion be determined by the
President on the applications heretofore made
to him by the respective contestants; that the
Legislature shall receive from each claimant
to the office such communications as either
may send it until the contest for the office is
finally decided by the General Assembly.
I submit the foregoing plan of adjusting the
difficulties in Arkansas to the claimants for
Governor, it having been agreed to by all their
friends and attorneys here, subject to approval,
and I have to say that the President earnestly
desires its adoption by both parties.
* GEO. H. WILLIAMS,
Attorney General.
Joseph Brooks, in his dispatch
of the both of May, accepts this
extraordinary and impracticable
suggestion of the Attorney Gen-
eral.
Elisha Baxter, instead of accept-
ing it, issued the following brief
address to his “troops,” declining
to be a party to it, without giving
any reasons:
EXECUTIVE OFFICE, STATE OF ARK., 1 •
LITTLE ROCK, May 11, 1874. }
Citizen Soldiers:
The Little Rock Republican of this date
publishes a proposition of Mr. Brooks' friends,
submitted to me through the Attorney General.
I have to say to you that I have declined the
proposition.
ELISHA BAXTER,
Governor of Arkansas.
Rice and Burton made formal
arguments before the Attorney
General in favor of Brooks, sub-
mitted in writing.
Hon. U. M. Rose, at the request
of the Reconstruction Period in Arkansas.
247
of the Baxter men and the Gov- That had been already disposed
ernor, went to Washington to of by the Attorney General's
present the Baxter side of the opinion, written, but not yet sent
controversy. His ability and ex- to Arkansas. Again, on the 14th,
perience as a lawyer.is unexcelled. the day before the opinion of the
He was perfectly familiar with the Attorney General was dispatched
law and the facts in the case. By to him, Gov. Brooks sent another
his unimpassioned but incisive ar- dispatch to the President, setting
gument of a case he was eminently out seven paragraphs: 1. His
fitted to present such a case to a election by the people. 2. The
trained judicial officer or tribunal, judgment of the Circuit Court.
and no doubt greatly aided the 3. His installation under that judg-
Attorney General in obtaining the ment. 4. The judgment of the
clear understanding of the subject Supreme Court, recognizing the
displayed in the opinion of that judgment of the Circuit Court.
officer subsequently rendered. 5. That he had the recognition of
On the IIth of May Mr. Brooks every branch and member of the
sent his ultimatum to the Attorney State government, except that of
General, which was that the Pres- the Secretary of State. 6. That
ident must recognize either Baxter the Circuit Court judgment had
or him, upon this case as made on gone up on an appeal, and would
the papers.
be decided in a few days (inside
On the 11th of May Governor his military lines). 7. He was will-
Brooks telegraphed the President ing to submit the legality of his
of the United States that he had election as proposed in his (the
consented, and was willing to President's) suggestion of the oth
make a joint call with Baxter of inst. (the Attorney General made
the Legislature, and let the quo- that proposition), which Baxter
rum now in existence pass upon had rejected.
the question as to whether there T hese dispatches were super-
were vacancies in the districts fluous, and must have been hurtful
claimed to be represented by new to him. They remind us of the
members; but that he could not ancient description of the sup-
recognize the body as organized, ports of the earth-first an ele-
.and now within the Baxter lines. phant standing on a tortoise, and
That the question of the authority the tortoise on the sea.
of that body could only be deter- At II o'clock, May 12th, Col.
mined by the courts of the State. John S. Duffie, who had captured
This presented the original dif- a Baxter picket at corner of Scott
ficulty of the validity of the de- and Third, narrowly escaped shoot-
cisions of the courts of the State. ing by a Baxter squad under Ben
-48
: The Brooks and Baxter War: a History
Brookster mented to help
J. Johnson, and was only saved by Hornibrook residence the fight
the intervention of Federal sol- was also lively. Gen. Blocher en-
diers. The same day the steamer gaged at close quarters a party of
Robert Semple arrived from up Brooks' militia. Thomas Gillem,
the river, and was reported to be of Brooks' militia, and Berryman,
loaded with Baxter men. Detach- of the Baxter forces, were wounded
ments of Brooks militia were or- and at the request of Mrs. Horni-
dered to the boat on the south brook carried into her residence.
side of the river, just above the A hack soon came with a white
bridge. Detachments of Baxter flag for Berryman. Capt. Carr
men reaching the same locality, had his horse killed. Cannon pur-
skirmishers were deployed by each chased in Texas for the Baxter
side and firing commenced. The forces were looked for on the train
militia occupied the old rifle pits from Texas.
near the Union depot. Baxter's The extraordinary session of the
men were in positions on Fifth, General Assembly met on the rith
Sixth and Seventh streets, further within Baxter's lines, in the Ditter
south, under Gens. Churchill and block. In the Senate there were
Blocher. Gen. White, with his Askew, Beavers, Bunn, Duke,
cavalry, occupied a position be- Frierson, Hanks, McChesney, Rat-
hind the Penitentiary and on the cliffe, Scott, Pollard and Jones,
hills of the Deaf Mute Asylum, which was not a quorum. In the
overlooking the depot and ex- House were Pindall (acting as
tending to Capital Hill southward. Speaker), Arnold, Barton, Beas-
For two or three hours the firing ley, Boswell, Burton, Carter, Coffin,
between the Baxter men and the Conway, Cleveland, Crowell, Davis
militia was very heavy, rendering L. W., Davis S. F., Duffie, Eagle,
it unsafe for pedestrians and fright- Erwin, Files, Foster, Galbreath,
ening families, whose houses were Gest, Gassett, Hawkins, Hixon,
struck with bullets. About 4 King, Johnson B. W., Johnson C.
o'clock Col. Clayton took com C., Johnson L. L., Joyner, Lester,
mand of the right wing of Brooks' Mitchell, McClellan, McGuire,
militia, when a resolute attack was Montgomery, Pindall, Preston,
made by the Baxter men on the Reed, Sumpter, Thompson, Tillar,
Fort Smith company, at the cor- Walker, Wheat. On motion of
ner of Spring and Second streets. Mr. Sumpter that pages be ap-
Company I, United States In- pointed, Masters J. J. Wheat, John
fantry, went from Arch street over Petit and Walter James were made
to Broadway on a double quick, pages.
but the Baxter men had retired Early in the morning of the 13th
and the fight was over. At the of May, the looked for Parrott
of the Reconstruction Period in Arkansas.
249
guns, two twelve-pounders brought The course of events was casting
up from Galveston by Maj. Wood- an ominous shadow for Mr. Brooks.
ruff, were received by a sufficient On the 15th of May the Attorney
force of Baxter men and escorted General submitted his opinion in
to a position on Scott street, near the Arkansas case. Let it be
“Lady Baxter," the big siege gun. carefully read in the light of events
Fifteen Baxter men, among related in these pages. It will be
whom were Gen. Meyers (of Spa interesting to every one who has
dra, owner of the Robert Semple); followed the movements of the
were captured by Brooks' militia. actors in this modern play-con-
Col. Sam W. Williams and Gen. taining so much that is of deep
James Pomeroy, made a visit to meaning, and yet, withal, more
Brooks' headquarters to obtain comical than anything in its line
their release. They were ulti- since the days of Hudibras.
mately released. Street fights and The following is the opinion of
pistol-shooting at the corner of the Attorney General:
Main and Markham caused a gen-
DEPARTMENT OF TUSTICE,
eral rally to arms on both sides.
WASHINGTON, May 15, 1874.)
On the 13th Messrs. Dunnagan The President:
and McCabe being sworn, took Sır-Elisha Baxter, claiming to be Gov-
their seats as Senators, and that ernor of Arkansas, and Joseph Brooks also
body having now a quorum, the claiming to be Governor of that State, and
General Assembly was organized; each made application, etc. [Stating the
and after some preliminary busi-
conflicting claims and the provisions of the
ness adjourned to the 14th, at 10
Constitution of the State then in force govern-
ing the canvassing of election returns and
o'clock A. M.
contests for the office of Governor, what was
On the 14th the Legislature
done under it, the decision on quo warranto,
passed a joint resolution request-
the snap judgment of Whytock and expulsion
ing the President of the United of Baxter by Brooks from the Executive of-
possession of the legislative halls, Section IV. article 4 of the Constitution
and that the “public property of of the United States is as follows: “The
the State-house square ”be placed United States shall guarantee to every State
under control of that body.
in this Union a republican form of govern-
All these steps were in the right ment, and shall protect each of them against
direction. They were powerful
invasion, and on application of the Legislature
or the Executive (when the Legislature cannot
to demonstrate the illogical posi-
be convened), against domestic violence."
tion of the parties claiming pos- When in pursuance of this provision of the
session of the executive office, Constitution the President is called upon by
rejecting other officers and shap- the Executive of a State to protect it against
ing judicial decisions to suit them. domestic violence, it appears to be his duty to
17
250
The Brooks and Baxter War: a History
give the required aid, and especially when
there is no doubt of the evidence of the do-
mestic violence. But when two persons,
each claiming to be Governor, make calls re-
spectively upon the President, under said
clause of the Constitution, it, of course, be-
comes necessary for him to determine, in the
first place, which of said persons is the con-
stitutional Governor of the State. That sec-
tion of the Constitution (1868) of Arkansas
(sec. 19 of art. 6) heretofore cited is decisive
of this question as between Baxter and Brooks.
According to the Constitution and laws of the
State the votes for Governor were counted and
Baxter declared elected and was at once duly
inaugurated as Governor of the State. There
is great difficulty in holding that he usurped
the office into which he was inducted under
these circumstances.
Assuming that no greater effect is to be
given to the counting of the votes in presence
of the General Assembly than ought to be
given to a similar action by a board of can-
vassers, yet, when it comes to decide a ques-
tion of contest, the General Assembly is con-
verted by the Constitution into a judicial
body, and its judgment is as conclusive and
final as the judgment of the Supreme Court
of the State.
try these contested election cases to which
they are parties. The jurisdiction of this tri-
bunal is exclusive. (15 Ohio, 114; 28 Penn.,
9; 35 Ib. 263 ; 44 Ib. 332.) * * *
Since the foregoing was written I have re-
ceived a telegraphic copy of what purports to
be a decision of the Supreme Court of Arkan-
sas, delivered on the 7th inst. Upon a requi-
sition of Brooks the Auditor, Wheeler, drew his
warrant upon the Treasurer, Page, for the sum
of $1,000, payment of which was refused.
Brooks then applied to the Supreme Court
for a writ of mandamus upon the Treasurer,
who set up by way of defense that Brooks
was not Governor of the State. The Court
says:
“The only question we deem it necessary
to notice is, did the Circuit Court have juris-
diction to render judgment in the case of
Brooks vs. Baxter? We feel some delicacy
about expressing an opinion upon the ques-
tion propounded, but under the pleadings it
has to be passed upon incidentally if not ab-
solutely in determining whether the relator,
Brooks, is entitled to the relief asked; for his
right to office, if established at all, is estab-
lished by the judgment of the Circuit Court
of Pulaski County. We are of opinion that
the Circuit Court had jurisdiction of the sub-
ject matter, and its judgment appears to be
regular and valid. The writ of mandamus
will be awarded as prayed for” (to Brooks as
having right to make a requisition as Gov-
ernor).
To show the value of this decision, it is
proper that it must be taken as a decision of
that body on questions presented in the peti-
tion. It is not of any consequence whether or
not the General Assembly has in fact decided
the contest, if the exclusive jurisdiction to do
so is vested in that body by the Constitution
and laws of the State.
Doubtless the makers of the constitution
considered it unsafe to lodge in the hands of
But the tribunal is not special if the courts
have concurrent jurisdiction over the subject.
Brooks appears to claim that when a contest
for Governor is decided by the General As-
sembly, the defeated party may treat the de-
cision as a nullity and proceed de novo in the
courts. This makes the constitutional pro-
vision as to the contest of no effect, and the
proceedings under it an empty forni. When
the House of Representatives dismissed the
petition of Brooks for a contest, it takes the
State offices therein enumerated out of the
purview of section 525 of the digest of State
statutes and establishes a special tribunal to
of the Reconstruction Period in Arkansas.
251
every Circuit Court of the State the power to
revolutionize the Executive at will, and their
wisdom is forcibly illustrated by the case un-
der consideration, in which a person who had
been installed as Governor according to the
Constitution and laws of the State, after an
undisturbed incumbency of more than a year,
is deposed by a Circuit Judge, and another
person put in his place upon the unsupported
statement of the latter that he had received a
majority of votes at the election.
Summing up the whole discussion, the Su-
preme Court of Arkansas say in the case of the
Attorney General against Baxter :
“Under this Constitution the determination
of the question as to whether the person exer-
cising the office of Governor has been duly
elected or not is vested exclusively in the Gen-
eral Assembly of the State, and neither this
nor any other State Court has jurisdiction to
try a suit in relation to such contest, be the
mode or form what it may, whether as the suit
of the Attorney General, or on the relation of
a claimant through him, or by an individual
alone claiming a right to the office. Some
effort has been made to distinguish this case
from that of Brooks vs. Baxter, in the Circuit
Court, by calling the opinion a dictum; but
the point presented to and decided by the
Supreme Court was, that in a contest for the
office of Governor the jurisdiction of the
General Assembly was exclusive, which of
course deprived one court as much as another
of the power to try such a contest.
The case of Berry and Brooks are exactly
alike. That the Circuit Court should have
rendered a judgment for Brooks under these
circumstances is surprising, and it is not too
much to say that it presents a case of judicial
insubordination which deserves the reproba.
tion of every one who does not wish to see
public confidence in the certainty and good
faith of judicial proceedings wholly destroyed.
Chief Justice McClure, in the Berry case,
declared his opinion that "As to all matters of
contested elections for the offices of Governor,
Lieutenant Governor, Secretary of State, Aud-
itor, Treasurer, Attorney General and Super-
intendent of Public Instruction, I am of opinion
that it can only be had before the General
Assembly. I'think a writ of prohibition ought
to go to prohibit the Circuit Court from enter-
taining jurisdiction of that portion of Berry
against Wheeler that has for object a recovery
of the office.” * * *
Take the provisions of the Constitution and
the two decisions of the Spureme Court and
the conclusion irresistibly follows that the
judgement of the Circuit Court is void. A
void judgment hurts nobody.
I should make the following statement: On
the 20th of April Brooks made formal appli-
cation to the President for aid to suppress
domestic violence, which was accompanied by
a paper signed by Chief Justice McClure and
Justices Searle and Stephenson, stating that
they recognized Brooks as Governor. To this
paper is appended also the name of Page, the
respondent in the above named proceeding
for mandamus. Page, therefore, did not re-
fuse to pay the warrant of the Auditor because
he did not recognize Brooks as Governor, but
the object of his refusal evidently was to create
such facts as were necessary to make a case for
the Supreme Court. Accordingly the plead-
ings were made up by the parties, both of
whom were on the same side in the contro-
versy (had declared to the President that they
recognized Brooks), and the issue so made
was submitted to Judges virtually pledged to
give the decision wanted, and there within the
military encampment of Brooks they hurriedly
but with delicacy, they say, decided that
Brooks is Governor, a decision in plain con-
travention of the Constitution and laws of the
State, and in direct conflict with two other re-
cent deeisions of the same Court deliberately
made. I refrain from comment. More than
252
The Brooks and Baxter War: a History
once the Supreme Court of the United States it then is submitted the question,
has decided that it would not hear argument who is Governor of Arkansas, un-
of a case made up in this way, and a decision der the general election held Nov.
obtained under such circumstances is not re-
garded as authority in any respectable tribunal.
to the absolute necessity of call-
He recommended to the Presi- ing a State Constitutional Con-
dent immediate action.
vention.
On the 14th of May the Senate Since war is now over, and the
met in the Ditter block at 10 misunderstanding between those
o'clock, and elected J. G. Frier who took sides in it is corrected
son, of Pocahontas, President over and explained, it will throw much
Askew. Mr. Askew gave notice light upon a labyrinth of difficulty
that at an early day he would in- through which the President, his
troduce a bill for the purpose of cabinet, and legislators had to
calling a Constitutional Conven- grope for months, to publish in
tion. The same day and hour the this work, for the first time, the
House met in the same building letter of Col. John S. Duffie, who
Speaker.
high in the Reform councils, and
On the 14th of May the Gov- a quartermaster, with the rank of
ernor sent in to the House his colonel, in the Brooks army. He
message, stating that as Executive makes the whole matter as simple
of the State he had called the as any mysterious course of events
Legislature to assemble in extraor- can be made, by a principal actor,
dinary session. He referred to when theories have failed and
the existing contest between logic has become useless for want
claimants for the Executive office, of the true premise from which to
and the successive steps taken in make a deduction. The follow-
it. His call upon the people to ing is his letter:
suppress an armed insurrection
WASHINGTON, D.' C., March 5, 1882.
had been responded to promptly;
DEAR FRIEND—I have been requested to
but in his efforts to re-possess the
furnish such facts as I am in possession of
State House he had been thwarted
relative to inside history of the Brooks-Baxter
by Federal troops intervening to
war.
prevent bloodshed, and had ap-
It will be remembered that Brooks favored
pealed to the National authorities,
re-enfranchising the disfranchised white peo-
in accordance with law to prevent
ple of the State. That upon that platform he
domestic violence. That the
President had responded, favoring
party, and the Democratic party supported
the meeting of the Legislature and
him. He was elected by about 15,000 majority.
guaranteeing it protection. To It was given out that the Democratic and Lib-
of the Reconstruction Period in Arkansas.
253
eral Republican parties would hold a mass
meeting on the day of the inauguration. The
Republicans, fearing that the intention was to
put Mr. Brooks in by force, sent to Washing.
ton, D. C., and got a regiment of Federal
troops, and had soldiers stationed in and
about the Capitol grounds on that day, conse-
quently we could do nothing but submit.
On the night after the inauguration a mass
meeting was held in Little Rock, and a series
of resolutions, carefully prepared by a few
gentlemen, were introduced by myself. They
were unanimously adopted. Among other
things, they declared that Brooks was elected,
etc., and provided for a central committee with
three members from the Democratic party-
Gen. James F. Fagan, Col. Lee Thompson and
myself; and three from the Liberal Republican
party-Hon. B. F. Rice (I have forgotten the
names of the other two). Said committee was
instructed to use all lawful means to oust Mr.
Baxter from and install Mr. Brooks in the
gubernatorial office. The committee, in con-
ference with Mr. Brooks, decided to bring suit
in the Pulaski Circuit Court for the office,
Judge Whytock presiding. Matters went on
so for about two years. Finally the stalwart
Republicans became dissatisfied, and our com-
mittee began to have frequent conferences with
Mr. Brooks.
The agreement between the committee and
Mr. Brooks was that Mr. Brooks should call
the Legislature together as soon as he was
recognized as Governor and recommend a Con-
stitutional Convention, and that, if possible, we
should have such convention frame a new Con-
stitution and have an entire new election of
officers, and that Mr. Brooks was to run on
the Liberal ticket for Governor. Mr. Brooks
was entirely willing to this arrangement-in-
deed, seemed anxious to go before the people
in this way for vindication. He believed and
the committee believed he would be trium-
phantly elected, and I am still of the opinion
that such would have been the case had the
Democrats permitted us to carry out the pro-
gramme.
Oui meetings were in the upper story of the
old kitchen of the Bebee building, just in front
of the State House, and as we had no gas, we
were sometimes nearly in the dark. It looked
gloomy enough, but wc meant business. We
were trying to perform the duty entrusted to
us by the mass meeting heretofore spoken of
The decision had not yet been rendered by
Whytock. It was being held for other devel-
opments.
When Mr. Brooks received absolute assur-
ance from the United States Senators at Wash-
ington that he would be sustained, Hon. B. F.
Rice was charged with the duty of getting
Judge Whytock to render a decision on a cer-
tain day. Hodges was to swear out a warrant
against Baxter for usurping office, and Bax-
ter was to be arrested and confined in the
Secretary of State's office for a few days, so
that the other side could have no nucleus
around which to rally. McClure was to swear
in Brooks, and I believe that Captain Cutter
(I am not certain about that) was to seize the
State armory. So, on the 14th day of April,
1874, the revolution was inuagurated. Rice
got the decision from Whytock, the armory
was seized, Brooks was sworn in, but Hodges
somehow failed to be on hand with his war-
rant-so Baxter was permitted to go. This I
looked upon as a great oversight, and a few
days afterward I insisted that Mr. , Baxter
should be taken, and offered to do it. I could
have easily done so with a little dash and pre-
cipitation, but Mr. Brooks thought it not ad-
visable to take the risk. He assured me he
had absolute assurance from Washington that
he would be recognized by the President, and
that under the circumstances we could afford
to wait.
The matter of calling the Legislature to-
gether was discussed in the Brooks camp,
254
The Brooks and Baxter War: a History
but it was generally agreed that as we were
looked upon as a revolutionary party, it
would be wiser to wait until Brooks was rec-
ognized, but it was our full intention to have
the Legislature called as soon as he was rec-
ognized; and had he been recognized, that
programme would have been carried out. .
As you know, Lee Thompson was ap-
pointed a General and was in command of the
forces in the State-house grounds. I was
Post Adjutant, and, of course, had a knowl-
edge of everything that was going on in the
Brooks camp, and for a considerable time on
the outside, because I continued to board at
Mr. Lange's, on Main street, and most of the
boarders there were Baxter men. I was aft-
erwards appointed by Gen. Fagan Quarter-
master, with the rank of Colonel.
I will now go back to give a little account
of Gen. Fagan's connection with this matter,
as a great many unkind and unjust things
have heen said about him in connection
therewith. Fagan was at nearly all the com-
mittee meetings we had, and was always
earnest and positive in that part of the pro-
gramme that the Legislature was to be called
soon after Mr. Brooks' accession to the
throne, and that we were to have a new Con-
stitution and a new election. Gen. Fagan
did not take up his quarters in the State
House immediately after the inauguration of
the revolution, because it was thought he
could do more good and perhaps prevent
bloodshed by remaining outside. Fagan was
very much opposed to any actual hostilities,
because he knew that the Brooks camp was
well organized, well armed and ammuni-
tioned, and that an attack by the Baxter men
would have been an absolute failure and cer-
tain death to a good many of his friends.
That the Baxter men misunderstood the situa-
tion in this respect was evident from the fact
that the Gazette constantly asserted that
Brookes did not have more than two or three
hundred half-armed, ragged negroes to sup-
port him. This was not at all true. He had
several companies of the bravest and most
desperate white men in the State, besides a
regiment of negroes and an artillery com-
mand.
You will remember that breastworks were
thrown up in the State-house yard. This was
done at the instance of Gen. Fagan, and be-
fore he took command of the Brooks forces,
because, he said: “The excitement at the
Anthony House was so high that they were
almost certain to make an assault on the State
House unless something was done to prevent
it." Gen. Catterson was in for a fight, and
said: “Let them come; we can clean them
out in fifteen minutes.” But Fagan said:
“No; they are my friends, and everything
must be done that is possible to prevent a
collision, and by letting them see that the
Brooks camp is thoroughly prepared, is the
best way to prevent it.”
I have not the time to detail all this confer-
ence. It was sharp and angry, but Fagan
carried his point. The breastworks were
thrown up at the instance of Fagan, not for
the protection of the Brook's men but for the
protection of the Baxter men.
This is inside history. Fagan never would
have taken command of the Brooks forces
had the Baxter men let him alone, but he was
so abused by them that he was forced to take
an active part either on one side or the other,
and considering his previous connection with
the matter, his duty was plain.
It occurs to me that I have said all that is
necessary to say.
A review of this matter is simply this:
We, Fagan, Thompson, Rice, Duffie and
the other members of the committee were in-
structed to put Mr. Baxter out and put Mr.
Brooks in, and, when the pear was ready to
be squeezed, we made a contract with Mr.
of the Reconstruction Period in Arkansas.
255
Brooks that he was to be put in the guberna- their camp, firing a number of
torial chair on condition that we were to have shots. At 12:30 two Baxter men
a new Constitution and a new election. We at Baring Cross amused them.
did what the people had instructed us to do,
selves by firing rifle shots at the
and more. Mr. Brooks would certainly have
State House, which the Brooks
carried out the programme had he been
men at the State House returned,
properly supported, but the men who in-
At 2 P. M. Lieut. Noble, with a
structed us to do this thing went back on us
at the critical moment.
guard of Federal soldiers, crossed
Your friend,
the river on the steamer Darda-
JOHN S. DUFFIE.
nelle, at the foot of Louisiana
street and meeting five Baxter
May 14th a company of White's men, were told by the Baxter
cavalry made a reconnoisance into squad that they were sent to arrest
the southern part of the city, and the men who fired on the State
returned about I P. M. Another House.
company of the same command at The great cheering and joyful
9:15 was scouring the hills west of demonstrations which pervaded
the city, and were watched by the part of the city within the
Gen. Newton and the officers of Baxter lines, about 5 P. M., was
the Baxter army, with field glasses, heard throughout the city and at
from the roof of the Adams block. the State House. It excited the
At 1:20 a company of Baxter in- most intense curiosity. It was
fantry marched up Scott street and kept up for hours, and caused the
united with the cavalry. A com presumption that intelligence of
pany of Baxter cavalry at the same some important kind had been
time was scouting in Argenta, received.
north of the river, and rode up to At 6 P. M. Gens. Poindexter
Baring Cross by way of the junc- Dunn and Ed. J. Brooks, with a
tion. The Baxter Parrott guns, at flag of truce, carried a sealed com-
foot of Scott street, were wreathed munication to Governor Baxter's
with roses by young girls. The headquarters. The excitement at
usual afternoon street skirmish the Anthony House was so great
was omitted, and all was quiet at and the eheering so vociferous
midnight.
that the Brooks Generals halted at
May 15th, about 9 A. M., the the door and proposed to retire
Brooks encampment was rein- unless respected. Gen. Newton
forced by detachments from Fort thereupon ordered Capt. Welch's
Smith, under Gen. Sarber, and company and a company of col-
from Dardanelle, under Col. Gib- ored men on duty to preserve -
son. At II a. m. a squad of Bax- order. The Brooks messengers
ter men ran a few Brooks men into were assured that the demonstra-
256
The Brooks and Baxter War: a History
tions were made by the citizens and
not the soldiery. Gens. Churchill
and Rottaken escorted the Brooks
Generals out of their lines to the
Federal barracks on the neutral
grounds.
These demonstrations, after a
month of excitement and terror to
citizens and exertions and sac-
ac-
rifices of armed men on both sides,
were caused by the first author-
itative order looking to a suspen-
sion of hostilities. It had been
anticipated by telegrams received
during the afternoon and the day
before. Mr. Garland threw away
his dress-coat in the excitement.
At 3. P. M., on the 15th, on the
reassembling of the Senate, in the
Ditter block, after the roll was
called, the Secretary read the fol-
lowing dispatch from the President
of the United States:
DEPARTMENT OF JUSTICE,
: May 15, 1874. I
To J. G. Frierson, President pro tem., and
James H. Berry, Speaker pro tem., Little
Rock:
The following proclamation is sent to you
for publication.
GEORGE H. WILLIAMS,
Attorney General.
BY THE PRESIDENT OF THE UNITED STATES OF
AMERICA-A PROCLAMATION.
WHEREAS, Certain turbulent and disorderly
persons pretending that Elisha Baxter, the
present Executive of Arkansas, was not elected,
have combined together with force and arms
to resist his authority as such Executive and
other authorities of said State; and,
WHEREAS, said Elisha Baxter has been de-
clared duly elected by the General Assembly
of said State, as provided in the Constitution
thereof, and has for a long period been exer-
cising the functions of said office, into which
he was inducted according to the Constitution
and laws of said State and ought by its citi-
zens to be considered as the lawful Executive
thereof; and,
WHEREAS, It is provided in the Constitution
of the United States that the United States
shall protect every State in the Union on ap-
plication of the Legislature, or of the Executive
when the Legislature cannot be convened,
against domestic violence; and,
WHEREAS, The said Elisha Baxter, under
Section 4 of Article IV. of the Constitution of
the United States and the laws passed in pur-
suance thereof, has heretofore made applica-
tion io protect said State and the citizens
thereof against domestic violence; and,
WHEREAS, The General Assembly of said
State was convened in extra session on the
11th instant, pursuant to a call made by the
said Elisha Baxter, and both houses thereof
have passed a joint resolution also applying
to me to protect the State against domestic
violence; and,
WHEREAS, It is provided in the laws of the
United States that in all cases of insurrection
in any State, or of the obstruction to
thereof, it shall be lawful for the President of
the United States, on application of the Leg-
islature of said State, or of the Executive
when the Legislature cannot be convened, to
employ such part of the land and naval forces
as shall be judged necessary for the purpose of
suppressing such insurrection or causing the
laws to be duly executed; and,
WHEREAS, It is required, whenever it may
be necessary in the judgment of the President
to use the military forces for the purpose afore-
said, he shall forthwith, by proclamation,
command such insurgents to disperse and re-
tire peaceahly to their respective homés within
a limited time;
of the Reconstruction Period in Arkansas.
257
Now, therefore, I, Ulysses S. Grant, Presi- Senators John M. Clayton, R.
dent of the United States, do hereby make A. Dawson and Lovejoy, and C.
proclamation and command all turbulent and E. Berry. Scott Thompson and
disorderly persons to disperse and return
Neal Brown (the last three col-
peaceably to their respective abodes within
ored) of the House, were con-
ten days from this date, and hereafter to sub-
mit themselves to the lawful authority of said
spicuous actors in the army of the
Executive and the other constituted authorities
“insurgents” who came under the
of the State, and I invoke the aid and co- authority of the President's proc-
operation of all good citizens to uphold the lamation. Upon offering to pass
law and preserve public peace.
through the Baxter guards on
In witness whereof, I have hereunto set my Markham street, they were stop-
hand and caused the seal of the United States ped and referred to Gen. Newton.
to be affixed. Done at the City of Washington, Thereupon they addressed the fol-
this fifteenth day of May, in the year of our lowing note :
Lord eighteen hundred and seventy-four and
of the Independence of the United States the
To Maj.-Gen. R. C. Newton:
ninety-eighth.
U. S. GRANT.
By the President.
The undersigned members of the Legislat-
HAMILTON FISH,
ure this morning attempted to pass through
Secretary of State.
your lines for the purpose of taking their seats
in that body and were stopped by your guards
Senator Brown moved that the and turned back. We desire to know if this
Chaplain offer up a special prayer was done by your orders.
of thanksgiving at the next meet-
JOHN M. CLAYTON,
ing of the Senate, in gratitude to
R. A. DAWSON,
God for this solution of the trou-
and others.
bles, which was adopted.
They also dispatched the fact
May 18th, Monday, the Repub- to Senators Clayton and Dorsey.
lican, in its first issue after the Gen. Newton immediately sent
President's proclamation, in its back word that free passage was
leader, says, that the action of the ordered to all members of the Leg-
President instead of being based islature, and assigned Inspector
upon the “hard rock of unques- General Rottaken to conduct them
tioned law," was exercised solely to the halls of the Legislature.
upon the opinion of the Attor- And then, May the 16th, the
ney General George H. Williams, commanding officers met to ar-
of Oregon, which it" did not hesi- range the cartel for the surrender
tate to declare is such an opinion of the Brooks forces. After the
as would disgrace any fifth-class usual preliminaries, hospitalities
lawyer now practicing at the Little were extended by the Baxter civic
Rock bar," and devotes a column and military chiefs and accepted
and over to a review of the opinion. with the best grace by the Brooks
258
The Brooks and Baxter War: a History
leaders, the following arrange-
ment was agreed upon and signed
by the respective general com-
manders :
[General Orders No. 10.]
HEADQUARTERS ARK. STATE MILITIA,
LITTLE ROCK, May 16, 1874.)
1. The following arrangements between
the Major General commanding and Gen. Fa-
gan, commanding the opposing forces, will
be respected by the officers and soldiers of
this command.
R. C. NEWTON,
General Commanding.
LITTLE ROCK, May 16, 1874.
AGREEMENT by and between Maj.-Gen. Rob.
ert C. Newton, commanding Arkansas
State forces, under Gov. Baxter, and
Maj.-Gen. James F. Fagan, commanding
forces under Hon. Joseph Brooks, arrang-
ing terms for the transportation to their
homes of the forces on both sides, by
which it is mutually agreed :
1. That in obedience to the proclamation
of President U. S. Grant, of the 15th inst., the
Brooks forces, under command of Maj.-Gen.
J. F. Fagan, shall be dispersed as herein-
after particularly agreed on, and
2. That the State forces under command
of Maj.-Gen. R. C. Newton, to such extent
and as rapidly as the disposing of Gen. Fa-
gan's forces quietly to their homes will jus-
tify will be moved to their respective counties,
and used in the military service for no other
purpose than the preservation of the public
peace, and the protection of all persons
against violence, without regard to politics or
color or any participation in the recent.
troubles in the State.
3. That all men and officers under com-
mand of Maj.-Gen. Fagan are to retain their
private arms and their private property.
4. That the command of Brig.-Gen. Ed. J.
Brooks, from Fort Smith and the upper Ark-
ansas River, shall be allowed to retain their
private arms and twenty-four stands of State
arms, the latter to be receipted for by Gen.
Brooks, and delivered to him by an officer to
be designated by Gen. Newton, the command
to start to-day by Steamer Robert Semple,
under a white flag.
5. That all the men of Brooks' forces liv-
ing eastward, on the line of the Memphis &
Little Rock Railroad, shall be sent by train;
shall start to-night, or as soon thereafter as
possible, under charge of their officers, the
train to be under a white flag.
6. That all the Brooks forces from Pine
Bluff or down the Arkansas River shall be
sent by boat as soon as transportation can be
furnished.
7. That the mounted men of the Brooks
forces may be retained if desirable or neces-
sary until the unmounted forces have dis-
persed.
8. That the members of the Brooks forces
living in Pulaski County shall be sent to their
homes by companies under discreet officers as
rapidly as possible.
9. That all men of the Brooks forces in-
cluded in this agreement, who have been act-
ing as enlisted men, under command of their
officers, are assured that full protection shall
be given them, and that they will be per-
mitted to return to their homes and vocations
and shall not be molested for acts done un-
der the orders of their officers, nor shall offi-
cers going to their homes with or without
troops be molested.
10. That all public arms and munitions of ,
war now in the hands of the Brooks forces,
except those above mentioned as being al-
lowed temporarily to Gen. E. J. Brooks, shall
be deposited in the armory at the State House,
unless Maj.-Gen. Newton shall allow other
portions thereof to be used by either side
pending the removal of the troops from the
immediate scene of hostilities.
of the Reconstruction Period in Arkansas.
259
1. Transportation hereinbefore referred of the civil with the military au-
to shall be furnished by the State of Ark- "thority, and some police duty for
ansas.
the military. Many of the leaders
Signed in duplicate the date above men of those who were “dispersed”
tioned.
by the President as “insurgents,"
R. C. NEWTON,
went away Others acquiesced,
Major General Commanding.
good humoredly, and remained,
J. F. FAGAN,
cheerfully resuming their peaceful
Major General Commanding.
occupations with as much or
The Robert Semple left on the greater success than when engag-
16th of May with eighty-eight ing in Statecraft.
men of the Brooks army for Fort The Constitutional Convention
Smith and the upper river. The was called, and with much learn-
“Semple” floated a white flag. ing and labor devised the Consti-
The Brooks followers from the tution under which we now live.
east left that night on trains un- Under it the Hon. A. H. Garland,
der white flags. Within a day or who by his services and continued
two all Brooks' men had departed attention contributed so much to
the capital. Gov. Baxter again the happy consummation, was
took possession of the Executive elected Governor, and Democrats,
office, escorted by the military generally, to fill the important
The Legislature vacated the Dit- places in all the departments of
ter block, and met in their usual the State government. He was
places in the State House, as soon then chosen Senator of the United
as they could be prepared for States, and J. H. Berry, the
them.
Speaker of the House of the extra
And this was the end of the session which called the Constitu-
war. By it the people of Arkan- tional Convention succeeded him
sas were relieved from the impo- as Governor.
sitions of a cancerous oligarchy of The greatest military figure of
amateurs in political economy, if the war was Gen. Robt. C. Newton.
they were not merely criminal He was under 40 years of age, and
wreckers and plunderers by de- a native of Little Rock. He had
sign or instinct. The military or- been educated at Bardstown, Ky.
ganization of the State was kept His father, Col. Thos. W. Newton,
up for a period until the bill which was a much beloved citizen of
was passed by the Legislature call- Little Rock—the only "whig" in
ing a Constitutional Convention politics ever elected to Congress
went into effect. There were no from any Arkansas district. Gen.
more military conflicts of any mo- Newton was a lawyer—an able
. ment, only some slight clashings one--and had seen service during
260
The Brooks and Baxter War: a History
:
the civil war as Adjutant General Democratic party would have
of Maj. Gen. T. C. Hindman, when* given him, Gen. Newton would not
that brave officer was in command consent to be mentioned in that
of the entire Trans-Mississippi dis- connection. He firmly refused the
trict. The State troops were sub- nomination by his party conven-
sequently by Governor Flanigan tion at Clarksville as a candidate
placed under command of Gen. for Representative in Congress of
Newton.
the Third District, which was ten-
There was never in history an dered, but which he declined in
act of purer disinterestedness and favor of Gen. Wilshire, who, he
patriotism than when Gen. Newton said, had earned it by his splendid
offered his services to Gov. Baxter services in the Baxter cause, and
It was at once his indorsement, being a Northern man and an ex-
without compensation, promised Union soldier, would be enabled
or expected, and pledge for the when elected to render the party
faithful administration of the re- and the State still further benefits.
sponsible office held under adverse Such was the magnanimous char-
circumstances by that gentleman. acter and unselfish action of the
Gen. Newton, by his knowledge hero of the Brooks and Baxter war.
of the people of the State and No man was ever better loved.
their needs, by his character for The Brooks leaders had the en-
spotless integrity and sound judg- dorsement of the Democratic party
ment and courage, invited to Gov. originally; were sustained by the
Baxter's standard the support flower of the party, until their
of many of the strongest and pur coalition with those who were re-
est men in the State. By his vig- garded as only schemers for the
ilance and practical discernment, plunder and enslavement of the
he selected the surest material for people.
success in maintaining the Baxter There were great abilities ex-
government, and by his wisdom erted and splendid work done by
and temperate control, or guid the leaders of the opposing fac-
ance, he directed a most difficult tions of the Republican party in
and perilous movement to a glo- that conflict. Their division among
rious success.
themselves produced the usual re-
He might have been the nom- sult of such quarrels, which are the
inee of his party for the office of subject of illustrations in all times,
Governor, as the successor of Gov. of song and fable, by Æsop, La-
Baxter, if he had not thought that fontaine, Boileau and Pope:
gentleman entitled to succeed him. There take (said Justice), take ve each a shell.
self. Although Gov. Baxter de- We thrive at Westminster on such fools as you.
clined the nomination, which the 'Twas a fat oyster-live in, peace-adieu.
APPENDIX. .
S
THE RESIGNATION OF COMMAND OF THE STATE · FORCES BY GEN. R. C.
NEWTON, AND APPOINTMENT BY GOV. BAXTER OF GEN. T. J. CHURCHILL
IN HIS STEAD.
Before the Congressional Committee, July 28, 1874, Gen. Newton, in his usual lucid and
frank manner, made the following statement of the cause of his resignation (Poland Report,
p. 445).
By Mr. McClure: Q. What position did you hold in the State government prior to your
appointment to civil office? A. Immediately preceding that I did not hold any position. A.
few days before that I had resigned my position as Major General of the Arkansas State
militia.
Q. What led to that resignation ? A. In the first place the war was over, and while I
was disbanding the armies, two armies at once, and doing the best that I could not to cause any
bloodshed, farther than had been shed, all the time assisted by and assisting Gen. Fagan in
doing so; and while those troops were in that state in the midst of a town which had not been
subject to the discipline of a camp; the Legislature of the State of Arkansas took upon itself
to admit to their respective houses men who had been in open insurrection, as I considered it,
against the legitimate government of the State, and (if there is anything in the term treason)
who had been guilty of treason. I had learned once to know what that was, because I had tried
it. And in the face of these armies those men were enabled, by the action of the Legislature, to
walk right down through my lines and in the presence of the troops enter the legislative halls
some of them as Senators, and some as Representatives. My men complained of that. I was
holding them in hand for purposes of peace, until not only the other side could get way, but
until I could afford to send them away, too, and let the Legislature go into the State House and
there sit as any other Legislature would do. But this was done in the presence of the troops.
I issued an address to them, which on its face will show that it was principally for the purpose
of discipline and maintaining peace among them. Without any knowledge on my part, Gov.
Baxter, as I understand, sent a message to the Legislature on the subject. It turned out after-
wards that he addressed it personally to the presiding officers of the respective houses of the
had been issued some time before that giving me control of military matters, I thought this
action was interfering with my part of the government. So I wrote the Governor to that effect.
He told me that he had disavowed any knowledge of my address, and that under the circum-
stances he could not sustain it, for the reason that he had, so far as the Legislature was con-
cerned, removed his proclamation of martial law, and because that address was, in his opinion,
a violation of his removal of martial law. As I did not approve that view, and as he ought to
(261)
262
Appendix.
have notified me before taking his action, I tendered my resignation, the war being over and
there being no use in my staying any longer. * * *
By Mr. Wilshire: Q. Look at what purports to be an address to the soldiers made by
you, printed on page 22 of the published testimony before this committee ? A. A copy of this
pamphlet was given to me to-day, and I read this address in it. It is substantially the address
as issued by me. I suppose it is taken from a newspaper publication. There are some mis-
takes in the newspaper publication, but the address is substantially the same.
GEN. NEWTON'S ADDRESS.
HEADQUARTERS ARKANSAS STATE GUARD,
LITTLE Rock, May 19, 1874. S
SOLDIERS—You have been directly insulted by the two houses of the General Assembly,
who have seen fit to reward your patriotism, your splendid discipline and valor by admitting to
the halls of legislation those who, even before the dispersion of the insurgent forces, knocked
for admittance, but who, the very day before thus applying to be recognized as Legislators,
boasted through the public press of the glory of meeting you on the battle-field.
While such men, your enemies in arms, are thus allowed in your very presence a voice and
vote in making laws to govern you who have so admirably deported yourselves when assembled
for the vindication of legitimate government in our State; and when John M. Clayton, as a
Senator, and Brig. Gen. L. L. Thompson, as a Representative, and lesser ones in position and
influence, who have been known to be in arms against the Baxter government, are permitted to
make laws governing the recognition of your services and the matter of your compensation, it is
calculated, I know, to arouse indignation. I can but caution you to observe the same discipline
and conduct yourselves in the soldierly manner as heretofore. Hoping that as time makes all
things right, those to whom is committed the gathering of the fruits of your triumph will not
through sentimentality throw away all the results of your victory.
R. C. NEWTON,
Major General Commanding.
On the 18th of May the Governor issued the following proclamation, revoking martial law:
EXECUTIVE OFFICE, STATE OF ARKANSAS,
LITTLE ROCK, May 18, 1874. }
WHEREAS, On the 16th day of April, 1874, martial law was by me proclaimed in Pulaski
County, in consequence of the existence of an armed insurrection, under the authority vested in
me as Governor by the Constitution and laws of the State, and on the lith day of May, 1874,
said proclamation was revoked in so far as not to interfere with the meeting and proceedings
of the Legislature; and,
WHEREAS, The armed insurrectionists are now dispersing, and many persons are at large who
are notoriously guilty of treason against the State of Arkansas, and it is not desirable to pro-
ceed against them by military law;
Now, therefore, I, Elisha Baxter, Governor of Arkansas, do hereby further revoke said pro-
clamation of martial law, so far as to permit the arrest and detention, by criminal process from
the civil magistrates, of all persons charged with treason against the State in the late insurrec-
Appendix.
263
tion ; but nothing in this proclamation shall interfere with the carrying out of any and all mili-
tary orders from the headquarters of the State of Arkansas, or any legitimate military authority.
I testimony whereof, witness my hand and the seal of the State, etc.
ELISHA BAXTER, Governor.
Attested by J. M. JOHNSON, Secretary of State.
On the 19th instant Gov. Baxter took possession of the Executive office with appropriate
ceremonies. He rode in a carriage with his private Secretary and other friends, under an
escort of cavalry, infantry and artillery. He resumed his former chair to the firing of the sixty-
four-pound gun called "Lady Baxter," stationed on the bank of the river, in rear of the Metro-
politan Hotel. After which the two garlanded Parrott guns were fired 100 rounds, in the space
east of the State House. The doors of the State House were then closed by Gen. Newton, and
the keys turned over to Col. Rottaken, after the removal from their offices of Treasurer Page
and Auditor Wheeler. Attorney General Yonley's resignation was tendered and accepted, and
J. L. Witherspoon appointed in his stead.
House resolutions of the Legislature, charging Senators Clayton and Dorsey with conspir-
ing to overthrow the State government, and in pursuance of such conspiracy did use their official
positions to corrupt the judiciary of the State—to wit: M. L. Stephenson and others--and as
unfit persons to represent the State in the Senate of the United States, and requesting them to
resign, on the 23d of May were reported by Mr. Sumpter, of the Committee on Federal Rela-
tions, recommending their passage. On the 28th instant they were adopted—39 ayes, 4 noes.
Noes-Chapline, Scott, L. L. Thompson and Williams.
The same body, on the 26th instant, had presented articles of impeachment against John
McClure, Chief Justice; J. E. Bennett, E. J. Searle and M. L. Stephenson, Associate Justices;
W. H. Gray, Commissioner of Immigration; George A. Kingston and John Whytock, Circuit
Judges; W. S. Oliver and Benton Turner, Sheriffs of their respective counties, and sundry
Clerks and Supervisors of counties, for treason, etc.
The repeated accusations against W. G. Whipple and John Whytock of procuring and
rendering the “snap judgment” of the Pulaski Circuit Court in favor of Brooks for the office of
Governor, against Baxter, as a usurper, was denied by them in the following newspaper card,
published in the Republican of the 26th of May:
A CARD TO THE PUBLIC.
Our purpose in presenting this card to the public is to correct certain misrepresentations
respecting the proceedings in the case of Brooks vs. Baxter, in the Circuit Court, which have
been made and repeated in the Gazette, and the dispatches of one of its editors, as agent of the
Associated Press, and re-echoed to some extent by the press of the country. To the following
statement of the proceedings, as they occurred, we invite the perusal of the people, challenging
the inventor or inventors of the false representations and their copyists to deny and disprove
any portion of it.
264
Appendix.
The action was begun în June, 1873. The defendant, Baxter, appeared by counsel, Judge
E. H. English and Messrs. Compton, Martin and Bishop, and filed demurrer in October, 1873,
by which proceeding they raised the single question as to whether the Court had jurisdiction of
the case. Brooks proceeded to take testimony by depositions, in the usual manner, upon due
written notice served personally on Baxter in each case, which depositions have been returned,
filed and belong to the papers in the case. These depositions show on their face a majority of
several hundred votes for Brooks, over and above the majority upon which Baxter was (as is
now admitted on all hands) counted in.
At the commencement of the last term of the Circuit Court the Clerk, as required by law,
in setting the pending cases for trial, set this case for the ad of March last. We understand
and believe that it was subject to be called up and submitted upon any day between that time
and its actual submission on the 13th of April, just one month and eleven days atcer it was set
for trial.
On Monday, April 13th, and at a regular session of the Court, at which the usual business was
for hearing and disposition (save only jury trials), the case was called up by Mr. Whipple, one
of the plaintiff's attorneys, and submitted. The Court had previously announced that, as the
United States Court was to sit during the week, no case requiring the empaneling of a jury
would be called during the week, except by consent of both parties; but that in every other
respect the business would progress as usual. We understand that, according to the rules and
practice of the courts of the State, the plaintiff was entitled to submit the case just when we did.
Moreover, there was an understanding between the attorneys of both sides that the demurrer
might be submitted at any time.
The record of the submission was read in open court on the morning of Tuesday, the ensu-
ing day. Each of the morning papers of Tuesday contained a notice of the submission under
the usual head of proceedings of Courts. We are informed and believe that the attention of
Gov. Baxter was called to the fact of this proceeding on Tuesday, in the Executive office, by J.
N. Smithee, one of the editors of the Gazette.
We are informed and believe that the attention of Baxter's counsel was drawn to the same
fact.
The decision of the Court was delivered on Wednesday, the 15th day of April. The
decision was reserved during the whole session of about two hours, to enable some one at least
of Baxter's counsel to attend and take steps in the case. Just before the close of the sitting,
the Court, in ruling upon the other cases, reached the case of Brooks vs. Baxter, and announced
that he supposed the case would be taken to the Supreme Court in any event; that it involved
the question of salary, which had not been decided, and proceeded then in affirmance of his
original decision made in the case of Berry vs. Wheeler, to sustain the jurisdiction of the Court
by overruling the demurrer to the jurisdiction, at the same time announcing that the defendant
could plead over, if he desired.
Upon this Mr. Whipple moved for final judgment, stating as grounds therefor, that the
case was then subject to the call of the plaintiff, as it had been for more than a month; that it
had been pending nearly a year; that the defendant had already had a reasonable time to
determine whether to file a plea to the merits; that the defendant and his friends had never
seemed to court inquiry and investigation into the result of the election, and suggested that the
Appendix.
265
defendant would, of course, appeal to the Supreme Court. At this point, Col. S. W. Williams,
a well-known friend of Baxter, remarked to the Court, as amicus curia, that the defendant
could not appeal until there was a final judgment rendered.
Besides, Judge Allen, of the law firm of Wilshire & Allen, who, as we are informed and
believe, had been retained as attorneys for Baxter in the case, was present at this time and
made no application for time to plead. In this State of the case, the Court announced that as
an appeal would undoubtedly be taken, he would let judgment go with the privilege of a writ of
supersedeas, if desired.
On the following day. Judges English and Compton appeared in court and filed a motion
to set aside the judgment. But neither of them offered to plead over, nor filed nor offered any
defense to the action, nor made any showing of merits. The motion lay over one day, under
the rules, and afterwards went by default, the defendant's attorneys positively refusing to prose-
cute it. And thus the proceedings were closed and perfected in the Circuit Court.
We again solicit the careful attention of the public to this statement, and challenge and
defy contradiction of the material portions of it.
WM. G. WHIPPLE,
M. W. BENJAMIN.
Little Rock, May 23, 1874.
So far as the foregoing statements relate to what occurred in the Circuit Court, they are
correct.
JOHN WHYTOCK.
COL. WILLIAMS ANSWERS COL. WHIPPLE.
Col. Sam W. Williams, an old and eminent member of the bar of the Supreme Court, and
who was often appointed Special Judge of that Court, upon substantial repetition of this
statement years afterwards, thus replied to it:
To the Editor of the Gazette:
I read in this morning's paper a most singular letter from Col. W. G. Whipple. Well, it
disclosed, if nothing more, exceedingly bad memory in Whipple. It contained two false state-
ments to one truth. Perhaps, in charity, I should attribute it to Whipple's old age and failure
of memory from great lapse of time. It is true that Brooks was generally voted for by the
Democrats in 1872, on a ticket with Democrats; it is true that all the ticket headed by Brooks
was elected. But it is true, also, which Whipple does not state, that the party with which he is
now identified counted Brooks and all Democrats on his ticket out, and dismissed his contest
from the Legislature, the only tribunal having jurisdiction. It is also true, but Whipple does
not state it, that after Baxter's inauguration, he administered the government honestly, and Clay-
ton's crew fell out with him; therefore, Brooks had a proceeding instituted against Baxter for
usurpation of office 'under a statute which applied to inferior officers, made his peace with Clay-
ton, and a scheme was concocted to give it effect—that was done by the snap judgment and
ouster of Baxter. It was supposed that Clayton, then in the Senate of the United States, could
induce President Grant to recognize Brooks, who was a bitter Republican, and the disfranchis-
ing clause of the Constitution of 1868 would be enforced in all its rigors, notwithstanding the
Democrats voted for Brooks on the pledge from him that the white people should be enfran-
266
Appendix.
chised. Had he gotten the office under election, instead of snap judgment, a Legislature of
Democrats and Democratic State officers, in the main, would have gone in with him. But when
he struck hands with Clayton and proposed to go in without the Democratic accompaniments,
every well-informed Democrat in the State understood the situation, and as Minstrels (Clay-
tonites) had made us take Baxter when he suited them, we proposed to hold him against revo-
lution and rebellion when he suited us. Col. Whipple first says, untruly, that I was one of
Baxter's counsel,* and yet, further on, seems to forget what he had just written, and writes that
I "injected myself” into the case, and that the judgment was by default. Why, such talk is the
merest drivel. Col. Whipple knows that I delivered the opinion of the Supreme Court in the
case afterwards, which quashed the whole thing for want of jurisdiction in the Circuit Court,
and that I could not have been of counsel. I never was, in any form, Baxter's counsel in the
case. The opinion is found on page 173, 29th Ark. He says there was a default, yet the
counsel neglected the case; and yet says I, as one of the counsel of Baxter, was present and
directed the Court how to render judgment by default against my own client. He does not say
this in so many words, but that is the inevitable inference from his letter. He has a wonderful
bad memory-if nothing worse ails him. I feel confident that he knew of this agreement, and
I know Whytock did. Judge Whytock, the Clerk of the Court, and perhaps the Sheriff, and
myself were absolutely all who were present. And yet Col. Whipple talks as though this snap
judgment was taken in the presence of the whole bar. It was a fact that an agreement had
been made the week before to the effect that the Court was to do nothing. Judge Whytock
· knew it, and I had every reason to believe that Whipple did, for this reason, to wit: The mem-
bers of the bar, which Whipple calls partisan, drew up a statement of facts on the day (in the
afternoon) that the snap judgment was taken, which set up the particulars of the agreement, and
that Baxter should have had the right to answer over, which was denied by the snap judgment
of that morning; and that the snap judgment was taken in violation of the agreement and the
the rules of practice. This was signed by E. H. English, A. H. Garland, U. M. Rose, Sol F.
Clark, F. W. Compton and about thirty or forty others, and went into the Poland report to Con-
gress afterwards. And during all that time, nearly a year, not a word or line did I ever see from
Whipple denying its truth. And yet, after years of silence, when many of the actors are dead,
Whipple proposes to push this protest aside with a waive like this: “The protest of a portion
of the bar of Little Rock, signed during the excitement of the crisis by none but parusans, is
of but little value to impartial history.”
A thing that Whipple did not dare to deny then before the world and Poland's Committee
is to be waived aside, and his denial, after the lapse of eighteen years of silence, is to be taken
as impartial history, if we take Whipple's standard of judgment. But this much of it (notwith-
standing his lapse of unemory, conscience or something else) he admits-that he took judgment
in the absence of Baxter's counsel, and without giving him time to appeal to the Supreme Court.
lle does not deny my statement that in less than an hour after the snap judgment a civil war
was begun, which he must have foreseen.
What is the use of splitting hairs? Is there any reputable and fair-minded lawyer, un-
blinded by prejudice and partisan rage, who would have done such a thing as Whipple admits
he did, even where the value of a hog was involved, much less the peace and good order of the
people of the State of Arkansas? It was not "a judgment by default," for Baxter had inter-
*This, the Gazette explains, was from the compositor dropping the word "not," in Whipple's card.
Appendix.
267
posed a demurrer, which Whytock had overruled, and on that morning Whipple stated that it
was his understanding that Baxter's counsel intended to rest on the demurrer and appeal to the
Supreme Court. I was innocent enough to suppose that everything would proceed in decency
and order. * * *
On the 26th of May the Judiciary Committee of the House reported a substitute for a
general amnesty bill, granting:
SECTION 1. A free and full pardon to all non-commissioned officers and privates duly
enlisted in the armed forces of Joseph Brooks, for all acts done or committed against the
criminal laws of the State, under orders of their superior officers.
SEC. 2. Excepted Brooks and persons holding any legislative, executive or judicial office,
who aided in his insurrection.
An amendment to include Joseph Brooks in the general amnesty was adopted, and the
bill passed by a vote of 59 ayes, 4 noes. The Senate concurred.
May 27th, the House of Representatives, in Congress, passed a resolution by a vote of 129
to 84 to appoint a committee of five to investigate affairs in Arkansas, of which Hon. Luke E.
Poland was chairman.
The Legislature having passed resolutions of thanks to the officers and soldiers who had
sustained Gov. Baxter, and called a State Constitutional Convention, stood adjourned, in
accordance with previous resolution, until December 7, 1874.
ARKANSAS AFFAIRS.
HOUSE OF REPRESENTATIVES, 43D CONGRESS, 2D SESSION, Report
February 19, 1875. j No. 249.
Recommitted to Select Committee on Arkansas Affairs and ordered to be printed.
Mr. Poland, from the Select Committee, recommended to the House the following
resolution :
Resolved, That the report of the Select Committee on the condition of affairs in the State
of Arkansas be accepted. And in the judgment of this House no interference with the existing
government in that State (under the Constitution of 1874, A. H. Garland being then Governor]
by any department of the United States is advisable. The resolution was adopted.
The House Committee on Elections, of the same Congress, Report No. 264, part 2,
reported:
Resolved, That Lucian C. Gause is not entitled to a seat as Representative in the Forty-
third Congress, from the First Congressional District in the State of Arkansas.
Resolved, That Asa Hodges is entitled to a seat as Representative in the Forty-third Con-
gress from the First Congressional District in the State of Arkansas.
The same committee reported in favor of Snyder against Bell, Report No. 11; and in favor
of Gunter against Wilshire, Report No. 260.
268
Appendix.
Ex-Judge John McClure created a sensation in his party in 1888, by favoring the exclusion
of negroes from the Lincoln Club, of the City of Little Rock. In a letter to the Pine Bluft
Commercial, January, 1889, he explains his position on that subject by the following logical
(and humorous) and able argument:
In the Lincoln Club address, I said: “My interest in the breaking of the 'solid South,'
and the success of the Republican party is greater than my love for the negro or any other
race. I want to see the party prosper. I want to see the negro have all the rights the law
gives him, but I am not disposed to cling to him at the expense of party success.” I take this
opportunity to repeat what I then said. I do this not because I have any prejudice against the
negro; not because I do not feel friendly toward him; not because I contemplate joining
hands with the Democracy in the crusade, they make against him, but because his conduct in
the past has, as I conscientiously believe, prevented a disintegration of the white vote. If I
believed, which I do noi, that the Republican party could be restored to power in this State by
yielding control of it to the negro, it is possible that he might furnish as good an administration
as has the Democratic party, but I demand something better. He might equal the defalcations
of Democratic Treasurers; he might equal the Democracy in stuffing and stealing ballot boxes;
he might equal Gov. Hughes and his militia ; he might let crime run riot throughout the State;
he might allow the white men to be run out of the negro counties in the State and prevent their
return, but I am not anxious for that species of government, nor am I in favor of the repeal of
the fourteenth and fifteenth amendments to the Constitution of the United States. I am in
favor of their enforcement.
APPLICATION OF AMENDMENTS.
The negro may well be accorded all the rights and privileges granted by the fourteenth and
fifteenth amendments without the fear of “negro domination." The fault lies with the States,
as well as the remedy. The fear of “negro domination” grows out of the fact that the negro
may hold office, but this right does not grow out of anything contained in the Constitution of
the United States.
In the case of Cruikshanks vs. United States, 92 U. S. 542, it is said: “ Under the four-
teenth amendment each State had the power to refuse the right of voting at its elections to any
class of persons; the consequence being a reduction of its representation in Congress in the
proportion which such excluded class should bear to the whole number of its male citizens
over the age of twenty-one years. This was understood to mean and did mean that if one of
the late slave-holding States should desire to exclude its colored population from the right of
voting at the expense of reducing its representation in Congress it could do so.”
In the case of the United States vs. Reese, 92 U. S. 214, the Supreme Court of the United
States said: “The fifteenth amendment does not confer the right of suffrage upon any one.
It prevents the States of the United States from giving preferences in this particular to one
citizen of the United States over another on account of race, color or previous condition of
servitude."
The first section of the fourteenth amendment declares that: “All persons born or natur-
alized in the United States and subject to the jurisdiction thereof, are citizens of the United
States and the State wherein they reside."
Citizenship does not confer the privilege of voting. The Constitution does not say you
Appendix.
269
shall not disfranchise a negro, but it prevents his disfranchisement on account of race, color or
previous condition of servitude. You may disfranchise him if he does not have property of a
certain value. You may disfranchise hiin if he is not a believer in the Protestant religion.
You may disfranchise him if he was born in France, Italy, England or any foreign country.
You may disfranchise him because he cannot read Greek and Hebrew; but if you disfranchise
him for any of these reasons, you must at the same time disfranchise the white men who fall
within the same provisions.
A woman is a citizen of the United States, yet she cannot vote. A male foreigner, twenty-
one years of age, who has declared his intention to become a citizen of the United States, but
who has not, and may never take out his final papers, who shall have resided in the State for
one year, the county six months and the township one month before an election, has a right to
vote, yet he is not a citizen of the United States.
THE QUESTION IN CONGRESS.
Nor does citizenship or the right to vote carry with it the right to hold office, by reason of
anything contained in the Constitution of the United States. The question whether the States
should be inhibited from denying to persons the right to hold office“ on account of race, color
or previous condition of servitude," was before Congress, and it refused to take it away from
the States. That power belongs to the States to-day. There may be some provision in the
Constitution or laws of the State giving them the right to hold office, but there is nothing in
the Constitution of the United States which inhibits the State from doing it. If there is a
desire to do it, the State can do it. If the Democratic party of the South shall deem it prudent
to do so, it can deprive the negro from holding office without antagonizing the Constitution of
the United States. It can settle the “race problem” and get rid of the fear of “negro domi-
nation," if it wants to. The question is not one of power, but one of policy.
I have said the question was not one of power, but one of policy, and for the purpose of
showing this, let me call your attention to the history of the enactment of the fifteenth amend-
ment. On the 11th of January, 1869, the House Committee reported a proposed amendment,
to be known as No. 15, to that body for adoption. On the 15th of the same month a Senate
Committee introduced another. I place them in parallel columns so you can see at a glance
the difference between them:
HOUSE.
SENATE.
The right of any citizen to vote shall not be The right of citizens of the United States
denied or abridged by the United States, or to vote and hold office shall not be denied or
any State, by reason of race, color, or previous abridged by the United States, or any State,
condition of slavery of any citizen, or class of on account of race, color or previous condition
citizens, of the United States.
of servitude.
Right at the threshold you will see that the respective houses started out with different
propositions--the House proposition only inhibiting the States from denying the right to vote,
while the Senate proposition wanted to inhibit them from denying not only the right to vote but
the right to hold office.
The House proposition was passed on the 30th of January, 1869, and sent to the Senate on
the 3d of February, 1869. The Senate amended the House proposition by striking out the whole
of it and inserting in lieu thereof the Senate proposition. This action on the part of the Senate
indicates that the Senate desired to protect the negro in the right to hold office.
270
Appendix.
On the 17th of February, 1869, the Senate passed its own proposition and sent it to the
House. Mr. Logan moved to amend the Senate proposition by striking out the words “and
hola office." This amendment was rejected. Mr. Bingham, of Ohio, moved to amend it by
inserting after the word “color” the words “ nativity, property, creed."
These amendments were adopted, and as thus amended the Senate proposition passed the
House. As then amended and passed by the House it read as follows: “The right of citizens
of the United States to vote and hold office shall not be denied or abridged on account of race,
color, nativity, property, creed or previous condition of servitude.”
The Senate refused to concur with the House amendments, and a committee of conference
was appointed by both houses. The House appointed Boutwell, Bingham and Logan, and the
Senate appointed Conkling, Edmunds and Stewart. Five of the committee signed the following
report: “That the House recede from their amendments and agree to the resolution of the
Senate, with an amendment as follows—strike out the words and hold office, and that the
Senate agree to the same.” Both houses adopted the report of the Conference Committee, and
passed the proposed amendment, and as passed it read as follows: “The rights of citizens of
the United States to vote shall not be denied or abridged by the United States, or by any State,
on account of race, color, or previous condition of servitude."
VOTING AND OFFICE-HOLDING.
From the amendments proposed, it appears that both houses of Congress were of opinion
that the right to vote did not carry with it the right to hold office. Now, it appears that the
House did not desire to place any limitations upon the States which would deprive them of the
right and power of determining what class or character of persons should hold office. It equally
appears that the Senate, from the beginning, wanted to secure both the right to vote and hold
office to the negro. Another thing appears, from the rejection of the Bingham amendment to
the Senate proposition, and that is that the States should continue to possess the right to exclude
persons from the right to vote upon the ground of “nativity, property or creed.” Under the
House amendment of the Senate proposition the States were free to prescribe an educational
qualification, but were inhibited from withholding the right to vote or hold office on account of
nativity, property or creed.” In some of the States a property qualification was required, in
others nativity was a ground of disqualification, and in others the elector must be of the Pro-
testant faith. Bingham's amendment reached this class, but it was stricken out by the Confer-
ence Committee, so that now the only persons affected or protected by the Fifteenth Amendment
are negroes and persons of African blood.
We are now confronted with this proposition: First, the proposed amendment to the Con-
stitution, as originally introduced and passed by each House, related to negroes, and negroes
alone. Second, as amended in the House, an attempt was made to make it extend to and pro-
tect a class of white men who were denied the right to vote because of their nativity, property
or creed. This class were mostly found in the New England States and the State of New York.
This was the question presented to the Conference Committee. If the Senate agreed to the
House amendments, then the negroes and the white class of whom I have spoken were entitled
to vote and hold office, if the States adopted the amendmeut.
OPPOSING OFFICE-HOLDING.
That Logan was opposed to the negro holding office in the condition he then was is
evidenced by his motion to strike out the words "and hold office” from the Senate proposition,
Appendix.
271
for this was done before Bingham offered his amendment. An examination of the record
shows that Bingham voted for the Logan amendment. Thus it appears that two members of
the House Conference Committee were opposed to giving the negro the right to hold office in
his then condition. Boutwell, the other member of the House Committee, voted against the
Bingham amendment. When the Conference Committee met, the differences which the House
members had to settle between themselves was the strik ing out the words “and hold office"
and “nativity, property, creed.” They agreed, Boutwell ag reeing to strike out the words "and
hold office" if Logan and Bingham would strike out “nativity, property, creed.” In this
Stewart of Nevada and Conkling of New York, of the Senate Committee, agreed, but Edmunds
of Vermont would not sign the report of the committee.
Something had to be done for the protection of the negro, as there remained but three or
four days of the session. With the ballot he had a voice in who should make the laws and
who should execute them, even if he did not have the right to choose one of his own race to
perform those functions. This is a power before which all politicians bow. The Senate,
rather than allow the session to expire, yielded the right to hold office and passed the proposed
amendment. It cared nothing about the Bingham amendment, because it had voted down an
amendment of that character before its proposition was sent to the House.
SENATORIAL OPINION.
In opposing the report of the Conference Committee, Mr. Edmunds said: “You are say-
ing to him (the negro), “You have the rights of manhood, you have the rights of equality, but
you shall exercise these rights in choosing some one of us to rule over you instead of some one
of your fellow-citizens whom you prefer.' I suppose some vague fear fills the mind of some
trembling convert to liberty that this people will not be satisfied to give the negro the right to
run against themselves for some office, but are willing to confer on him the boon of voting for
them.” This language would not have been used if Senator Edmunds had thought the right
to vote had carried with it the right to hold office. He would not have used it if he thought
the language of the fifteenth amendment or any other constitutional provision inhibited the
States from denying the negro the right to hold office“ on account of race, color or previous
condition of servitude."
Senator Wilson, of Massachusetts, said: “Do not tell me, sir, that the right to vote carries
with it the right to hold office. It does no such thing, No man in the world has a right to hold
an office. The people have a right to vote, and they have a right to put terms and conditions
to the offices they make. I believe, however, that if the black men have the right to vote, they
and their friends, in the struggle of the future, will achieve the rest. Therefore, I am willing
now to give them the right to vote, if I cannot get for them the right to be voted for.”
Senator Morton said: “We are liable to this charge, which will now be made, and the
force of which we can hardly avoid—that we are willing the negro shall vote, provided they
vote for white men, but the offices must be reserved for white men.”
Senator Stewart, who was a member of the Senate Conference Committee, said: “I have
labored to have the right to hold office inserted in the amendment, because I was willing to do
the whole right, but that was impossible, and now I want to secure to all men the right to pro.
tect themselves by the ballot. It will place in the hands of the black man a rod of power before
which all politicians quail.”
272
Appendix.
Senator Morrill, of Vermont, said: “I would much prefer some different amendment from
this, and yet I am not prepared to say that this does not go as far as would be acceptable to a
majority of the people."
The last person who addressed the Senate before the report of the Conference Committee
was adopted was Fowler, of Tennessee, who said: “I suppose this report will be concurred
in. I simply wish to say, before the vote is taken, that my understanding of the proposition as
it now stands is that it decides by an amendment to the Constitution that the Constitution does
not guarantee to all citizens of the United States the right to hold office."
I have gone into this matter at some length, but with one purpose in view, and that was to
ascertain whether Congress by the Fifteenth Amendment intended to inhibit the States from
denying to persons the right to hold office “on account of race, color or previous condition of
servitude.” If it has not, then the way is open to get rid of what the South calls the “race
problem.”
There is little or no objection to the negro voting. Fault is found not from the fact that
he can use the ballot, but the manner in which he uses it.
THE SOLUTION.
Take from him the power to elevate the ignorant and vicious of his race, and the fear of
negro domination disappears. Take from him that power, and you have furnished him an in-
centive to select between men who are candidates for office, and in which he will not be con-
trolled by race sympathy. Under such surroundings negro domination and the fear of it will
be a thing of the past. He would then become a powerful factor, and one which the whites
would seek, and which they cannot now seek and will not seek, because of the existence of this
fear. The white vote will divide itself under such surroundings, and he who can convince the
negro he is his best friend will get his support. He will thus create allies among those who are
now opposed to him, who will have more influence for his protection than one of his own race.
Under such conditions men would champion his cause, not because they love him, but to further
their political ambition. Under such conditions, the people who are now indifferent as to
whether his vote is counted or not would have an interest in seeing it was counted. Under such
conditions they would have a voice in choosing the men who make and administer the laws,
whereas they now have no such voice. Under such conditions the voice of their representative
could be heard in the halls of Congress, whereas it is not now heard.
I am aware of the fact that this sounds like a cold-blooded proposition, but, in my
opinion, it would bring peace. I am not saying it is proper or that it is just. I am dealing
with a condition and not a theory. I am not responsible for the fact that the great bulk of the
white people of the South are in one party. It is a misfortune that they are, and I am only
speaking of a method which might remedy the evil. I am treating of two evils which exist,
and one of which the Democratic party is responsible for. If it would forget the loss of
the “Lost Cause;" if it would present any other issue to the country than the negro; if it
would turn the attention of the members of its party to Statecraft and developing a higher
civilization; if it would abandon that policy which existed in China when the Chinese wall
was built; if it would make a fight for progress; if it would do anything but live upon the
memories of the dead past, I think the race problem would adjust itself; but it will not. The
“race problem” is the only thing now which furnishes that party with cohesion. The cohesion
Appendix.
273
of public plunder is as nothing in comparison to it. Hence, the “race problem” will continue
until it is settled. The negro is not strong enough to settle it in his own favor; the white men
of the Democratic party are. Will they do it?
By allowing the negro the ballot you retain representation for him; by prohibittng him
from holding office you get rid of the fear of “negro domination” and settle a perplexing
question. You establish that for which the Democratic party contends, this country should be
controlled by the “Caucasian race.” You have either to give up representation in the electoral
college and Congress based upon inhabitants, or concede to the negro the ballot, and protect
him in its exercise. The Democratic party must elect which of the two propositions it will
accept. As I am not of counsel for that party, I have no advice to give it.
For years the people of this country have been trying to discover a passage to the North
Pole. For years the people of this country have been attempting to solve a “race problem.”
The Arctic explorers have been looking for a “Northwest passage;" the whole people of the
South have been looking for something of that kind. I do not say I have discovered it, or that
it will lead to a settlement of the controversy. It is an untried proposition. It may lead to a
settlement if the mariners of the Democratic party will, while cruising around the headwaters
of Salt River, see if the route is practicable. I am, sir, respectfully, etc.,
JOHN MCCLURE.
[Negro domination could be just as well established through agencies of white men, if not
better, than through incompetent blacks.]
TABLE OF CONTENTS.
PAGE.
PAPER I.
Return of Confederates to Little Rock; they are disfranchised by the Constitution
of 1864; Gov. Murphy denounces them as “rebels;" boasts his loyalty ; suppres-
sion of a newspaper by the Federal military for questioning it; the paper released
and told to "pitch into him," at will.............
.................
3-19
PAPER II.
Movement of citizens for relief from political disfranchisement-Gen. William
Tecumseh Sherman addresses a "People's Convention"-Chief Justice Yonley, of
the State Supreme Court, reads decision declaring disfranchising acts unconstitu-
tional—The Legislature following is largely Democratic; it is declared illegal by
the Reconstruction Acts of Congress, passed over President's veto ..............
19-35
.
PAPER III.
Military orders enforcing the Reconstruction Acts; Negroes enfranchised under
them-Republican party organized, composed principally of negroes—Constitu-
tional Convention elected and adopts a Constitution sent out from Washington-
Democrats refuse to take the oath and vote in the election of a Constitutional
Convention-Veto message of Andrew Johnson co....
On
e
.....
.....
.....
.....
.....
35-50
PAPER IV.
Reconstruction Constitution adopted— Powell Clayton elected Governor, Rice and
McDonald United States Senators-Measures of Clayton's administration-Elec-
tion and Assessment laws by the Republican Legislature-Democrats resolve to
take the oath accepting negro suffrage and vote; discuss the subject among them-
selves-Early differences between Brooks and Hinds and the Clayton “ring”-
Appearance of the Ku-Kluxes-Clayton prepares to declare martial law........
-
50-67
PAPER V.
Movements of militia under Clayton's appointees--Invasion of Fulton County by
Missouri raiders, under Monks, who are sworn in as Arkansas State Militia by
Sheriff Spears-They kill Bunch-Are driven out of the State by rumors of armed
rising of the people and writ of habeas corpus, issued by Judge Elisha Baxter-
Correspondence and order of Gov. Clayton approving action of Spears and direct-
ing militia movements--Horrors of militia raids-Brooks lauds militia perform-
ances-Legislature honors Monks—Opposition to martial law in the Legislature-
The Governor and Lieutenant-Governor fall out with each other-Impeachment
of Lieutenant-Governor for swearing Brooks as Senator-Impeachment of Gov.
Clayton and Chief Justice McClure-Lieutenant-Governor appointed Secretary of
State and difficulties adjusted— Clayton elected United States Senator-Hadley
made Acting Governor-War on Gov. Hadley's administration by Brooks, Rice
and others .....
.........
(274)
67-107
Table of Contents.
275
PAPER VI.
PAGE.
Presidential campaign of 1872–Horace Greeley and rise of the Liberal Republi-
can party-Brooks' and John A. Williams' campaign against the Clayton admin-
istration-Party calls for opposition conventions of Republicans-Horace Greeley
nominated for President at Cincinnati-Brooks and followers indorse Greeley and
Platform--Liberal Republican ticket nominated with Brooks their candidate for
Governor-Republican party renominates President Grant- The Clayton wing
indorses Grant, and nominates a ticket with Elisha Baxter for Governor-Clayton
and Brooks meet in fierce debate at Lewisburg, Van Buren, Greenwood, Oliver
Springs and Fayetteville-Baxter proclaimed elected by one wing, Brooks by the
other—Election frauds—Pope County War-Gov. Hadley's order for military to
guard the State House..............
................ 107–162
...
.....
..
PAPER VII.
Organization of the Republican Legislature under protection of the military-
“ Convention" of the Reformers (Brooks men) at the Capital, intending to form a
separate State government-Pass resolutions denouncing members of Legislature
elected on Reform ticket for entering Clayton's (Republican) Legislature-Baxter
declared elected Governor in joint session of the Legislature-Reorganizes the
militia by appointing Gen. Newton (Democrat) to command Second Division,
Wilshire (Republican) to command the First--His course dissatisfies Republican
leaders –They and the Reformers combine against him—He guards himself with
company of militia-Yonley, Attorney General, goes before the Supreme Court
with application for a writ of quo warranto against Baxter on the relation of
Brooks-Court orally declares against its jurisdiction in such contest, but monkeys
with its written decision-Suit in Pulaski Circuit Court brought against Baxter as
usurper-Renders snap judgment, and under it Brooks is sworn in by Chief Jus-
tice McClure, and accompanied by armed adherents, fires Baxter from the Execu-
tive office—Brooks takes possession of State House and proclaims himself Gov-
ernor ........
....... 163-203
PAPER VIII.
Baxter surrounds himself with military at St. John's College-Issues proclamation
and declares martial law in Pulaski County–Senators Clayton and Dorsey tele-
graph Brooks sympathy--Both sides call for “ troops," which respond promptly-
United States military ordered by Grant to prevent bloodshed—Daily skirmishes
and alarms-Col. King White, with band of negroes from Pine Bluff, arrives—He
parades the city-Shots are fired and Maj. Shall killed-Hallie steams up the
river to intercept arms, for Brooks coming down the river-She is fired into by
Col. Brooker's men and Capt. Houston and Frank Timms killed--The Supreme
Judges kidnapped by Baxter men-Baxter calls the Legislature-President Grant
approves the call-Opinion of Attorney General George Williams-Proclamation
of Grant dispersing the Reformers ...... .............................. 203-260
276
Table of Contents.
PAGE.
APPENDIX.
Resignation of Gen. Newton and appointment of Gen. Churchill in his stead as
Commander of State Guard-Gen. Newton's statement of the cause of his resigna-
tion-His address to the soldiers-Gov. Baxter's proclamation of amnesty to
non-commissioned officers and privates of Brooks' forces—Amnesty act of Gen-
eral Assembly, including Joseph Brooks—Newspaper card of Messrs. Whipple,
Benjamin and Whytock, explaining “snap judgment”-Statement of Col. S. W.
Williams as to the same—Letter of ex-Judge McClure as to true status of the
negro under the Fifteenth Amendment-Poland report accepted by Congress-
Congressional contests settled by Congress...........
.... 261–273

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