USA > Arkansas > A pictorial history of Arkansas, from earliest times to the year 1890. A full and complete account, embracing the Indian tribes occupying the country; the early French and Spanish explorers and governors; the colonial period; the Louisiana purchase; the periods of the territory, the state, the civil war, and the subsequent period. Also, an extended history of each county in the order of formation, and of the principal cities and towns; together with biographical notices of distinguished and prominent citizens > Part 45
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At the Congressional election, held at the same time, for Members of the Forty-third Congress, from 1873 to 1875, Asa Hodges was elected in the First District, over Lucien C. Gause, of Jacksonport, but who contested the seat. O. P. Snyder was returned in the Second District, over M. L. Bell, of Pine Bluff, who likewise contested the seat. W. W. Wilshire was returned in the Third District, over Thomas M. Gunter, of Fayetteville, but on a contest the seat was awarded to Colonel Gunter. William J. Hynes was returned as Con- gresman at Large, his seat being contested by John M. Brad- ley. These contests, however, were unsuccessful, with the exception of the Third District.
Mr. Brooks and his supporters claimed that he had been elected instead of Baxter, and that the result had been de- clared against him by fraud; but, since the result had been declared as it was, and the new Government instituted under it, the people generally acquiesced in it. Mr. Brooks and his immediate friends alone held out against the declared result.
CHAPTER XXVIII. JANUARY, 1873, TO NOVEMBER, 1874.
THE ADMINISTRATION OF GOVERNOR ELISHA BAXTER.
GOVERNOR ELISHA BAXTER, the tenth Governor of Arkan- sas, was born in Rutherford county, North Carolina, Septem- ber Ist, 1827. In 1848 he commenced business, merchandis- ing with a brother-in-law, Spencer Eaves, at Rutherfordton, in Rutherford county, North Carolina, the firm doing a good business. In 1852 he came to Arkansas, and in 1853 engaged in mercantile business in Batesville with his brother, Tay- lor Baxter, the firm being Elisha Baxter and Brother. Since that time he has made Batesville his home. The bus- iness of the firm did not prosper, and in 1855 they failed. The two brothers made a clear and honorable surrender of all their assets, paid their debts in full; and, without a cent left to them, both took to manual labor to gain a livelihood. Taylor Bax- ter became a carpenter, and took his initiatory lessons in the business in working on a building being erected just in front. of the store they had vacated. Elisha Baxter engaged to learn the printing business, in the printing establishment of the Inde- pendent Balance, a newspaper published at Batesville, by Urban E. Fort, and edited by M. Shelby Kennard. He remained here for a year, and in the meantime studied law under the direc- tion of Hon. Hulburt F. Fairchild, first Chancellor of the Pu- laski Chancery Court. Soon afterwards he obtained license to practice, was admitted to the bar, and ever afterwards pursued the practice of the profession, except when in office-at times
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ELISHA BAXTER. Tenth Governor of the State.
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JANUARY, 1873, TO NOVEMBER, 1874.
coupled with farming. In 1854, and again in 1858, he was elected a Member of the Legislature from Independence coun- ty. In 1859 he formed a law partnership with James Hinds for the practice of law, at Little Rock, but which was broken up by the war.
When the question of secession was before the people, he endeavored to take a neutral position, and acting as such, re- mained at Batesville. In the spring of 1862 General Curtis, with a large force, occupied Batesville, and remained there for two months, when he moved on to Helena. While the army was at Batesville, Governor Baxter interested himself in be- half of many citizens of the place in reclaiming property, procuring the release of prisoners, etc., which he was en- abled to accomplish by virtue of his neutral position. After General Curtis had withdrawn, Governor Baxter was advised by friends that his expressed adherence to the United States Government made it unsafe for him to remain in the country since the withdrawal of the army. Accordingly, taking his family, but illy provided, he left at once, and overtook General Curtis at Jacksonport. Here he was tendered the Colonelcy of the First Arkansas Federal Regiment, just then being or- ganized. This he declined, saying that, being southern born and raised, he did not feel that he ought to take up arms and fight against his neighbors and friends. He then went to Missouri, and in the spring of 1863 he was made prisoner by a squad of Confederate Cavalry belonging to the regiment of Colonel Robert C. Newton. Colonel Newton treated him courteously and paroled him near Fredericktown, Missouri, and furnishing him with an escort, required him to report to Gen- eral T. H. Holmes, at Little Rock, commanding the depart- ment. On his way to Little Rock he came in full view of the entire Federal Army, when friends urged him to make his escape among them, but he declined, saying he had given his parole to report at Little Rock, and that he intended to keep it.
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HISTORY OF ARKANSAS.
On reaching Little Rock he reported to General Holmes, and was by him turned over to the civil authorites, to be dealt with by them. He was incarcerated in the Pulaski county jail, to await the finding of an indictment against him for treason against the Confederate Government. The case was brought before Judge Daniel Ringo, William M. Ran- dolph acting as District Attorney. Upon the case being con- tinued to the next term of court, Governor Baxter, by the assistance of friends, succeeded in making his escape from the jail, and remained hidden near Little Rock for eighteen days, without shelter and almost without food. In the mean- time General Steele occupied Little Rock, when Baxter made his way thither.
During this time he had been the subject of much abuse from Confederate sources, both in the newspapers and verbally, in the course of which his courage had been called in ques- tion, the instance cited in proof of the charge being his declin- ing to command the First Arkansas Federal Regiment. Stung by the ungenerous and unfounded charge, he resolved to disprove it by acts, and at once applied to General Steele for permission to raise a Federal regiment in Arkansas, which was granted, and he repaired to Jacksonport, where he re- cruited the Fourth Arkansas Mounted Infantry to almost com- pletion, and reported for duty to General R. R. Livingston, at Batesville. Here he was placed in command of the Post, and remained as such until the organization of the Murphy Govern- ment in the spring of 1864, under which he was elected a Judge of the Supreme Court. He resigned the command of the regiment, which devolved upon his brother, and qualified as a member of the Supreme Court. In a short while he was elected United States Senator, but upon repairing to Wash- ington with his credentials, was refused admission.
When the war was over, he returned to Batesville and re- sumed the practice of law. In 1868 he was appointed Regis- ter in Bankruptcy of the First Congressional District, and
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JANUARY, 1873, TO NOVEMBER, 1874.
discharged the duties of that office until he was appointed by Governor Clayton in the same year Judge of the Third Judi- cial Circuit, for a term of four years. And now, as the next step in an eventful life, he was installed as Governor of a great Commonwealth. After the end of his term as Governor he re- sumed the practice of law at Batesville, in which he is now en- gaged.
In 1849, Governor Baxter married Miss Harriet Patton, in Rutherford county, North Carolina. There were born of this marriage six children, the oldest of whom was born in North Carolina, the others in Arkansas. Their names are Millard P., who became a merchant in Batesville ; Edward A., a phy- sician, practicing at Melbourne, Izard county ; Catharine M., who became the wife of Newton M. Alexander, a jeweler in Batesville ; George E., Hattie O., and Fannie E., the latter of whom died in 1873, at the age of two years.
In commencing his administration, Governor Baxter soon gave evidence of his intention to carry out the pledges which had been made to the people during the canvass, and which had been made. a part of the platform on which he was elected. He addressed himself to the subject of securing the en- franchisement of the disfranchised citizens of the State; and appointed to office, particularly in instances of the Judiciary, those who had opposed him politically, as well as those who had been for him. This course displeased his party support- ers, who remonstrated with him for it, saying that such a course would inevitably result in giving the control of the State into the hands of the Democrats, to which Governor Baxter re- plied.
"I very well understand that to enfranchise the Rebels will place the control of the State Government in the hands of the Democratic party, and if you did not wish this to be done, you should not have pledged me and the party that elected me to this course. For myself, I prefer to give an honest ad- ministration for four years, and retire to private life under cir-
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HISTORY OF ARKANSAS.
cumstances that will be creditable to myself and the party that elected me, than to retain the control of the State for a life- time by pursuing a different result."
This was the beginning of an estrangement between himself and his party supporters, which will be noticed more at length in the further progress of this history.
The session of the Legislature before which Governor Bax- ter was inaugurated, was the nineteenth in number. It as- sembled January 6th, 1873, and remained in session until April 25th. In it the Republicans were again in the major- ity, but the Democratic strength, led by J. G. Frierson, Alex- ander Caraloff and Benjamin F. Askew, in the Senate, and H. M. McVeigh, W. H. Cate, George Thornburgh, James P. Eagle, John J. Sumpter, George G. Latta, X. J. Pindall, Oscar F. Parish and J. T. W. Tillar, in the House, formed a strong minority, which, with the votes of the Liberal Republi- cans of the Body, formed an element of power.
In the Senate, Volney V. Smith, by virtue of his position as Lieutenant-Governor, was President of the Senate, and W. W. Orrick was elected Secretary. The House organized by the election of Charles W. Tankersley, Speaker, and Henry W. Cooper, Clerk.
The Acts of public importance passed were to submit to the people the amendment to the Constitution proposed by the Leg- islature of 1871, removing disfranchisements. It was voted on March 3d, 1873, and was declared ratified by proclamation of the Governor April 19th, 1873, and was incorporated into the Constitution as Article VIII. It practically removed dis- franchisement, but made registration a prerequisite for voting, and as the Registrars had power to strike off of the lists, in secret, such names as they selected, from which action there was no appeal, the matter of suffrage still remained surrounded by dangerous conditions.
Other Acts of importance were districting the State into five districts for congressional purposes ; to maintain a sys-
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tem of free common schools; and creating the counties of Baxter, Clayton, Garland, Faulkner, Lonoke, Howard, Dor- sey, Lee and Stone.
On this Legislature was devolved the duty of electing a United States Senator, to succeed Senator Benjamin F. Rice, whose term was to end March 4th, 1873. Stephen W. Dor- sey was elected to the position, the term being from March 4th, 1873 to the same date 1879.
On the 6th of July, 1873, J. C. Corbin became Superin- tendent of Public Instruction, which office he filled until No- vember, 1874.
During the year 1873 the Fifth Digest of the State Laws was prepared. It was compiled by and under the direction of Edward W. Gantt, who had been appointed Digester, un- dler the Act of the Legislature, for that purpose. It was ex- amined by Hon. Henry C. Caldwell, District Judge of the United States Court, who certified to it August 27th, 1873, he having been appointed Examiner under the Act. Judge Caldwell, with the assistance of John E. Knight, also person- ally supervised much of the detail and arrangement of the compilation. The work was published in 1874, and became known as "Gantt's Digest."
Upon the inauguration of Governor Baxter, Mr. Brooks at once entered upon a contest for the office. He was a man of indomitable energy and of great courage and persistence. He had been a Baptist minister, and is said to have come to the State about 1863 or 1864, as Chaplain of a colored regiment of the Federal Army, and at the conclusion of the war had set- tled at Helena. He was a strong and forcible speaker. As a debater he was one of the greatest of his time. He pos- sessed great mental and physical vigor, and was gifted with a voice of most unwearied duration. He could address an audi- ence hour after hour without fatigue, and at all times pre- sent a forcible and logical discourse. At first he had been one of the most extreme supporters of the re-construction meas-
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ures, and of the State administration of Governor Clayton in- stituted under it ; until in time the dissensions which have been alluded to had sprung up and had brought about the present proceedings.
His contest for the office made before the Legislature, which by law was the only tribunal clothed with power to try a contest for the Governorship, was decided by that Body against him.
He next endeavored to bring the case before the Federal Court, under a precedent furnished by the action of the Federal Judiciaryin Louisiana in taking cognizance of an election case in the city of New Orleans, but Judge Caldwell, the District Judge, refused the application on the ground that there was no jurisdiction in the Federal Courts for such matters.
Proceedings were then begun in the Supreme Court by quo warranto against Governor Baxter, but that court decided that the right to try the title to the office existed only in the Legislature, and that there was no jurisdiction in any court whatever to enquire of it.
Not daunted by these failures, and with every portal of the law closed against him, Mr. Brooks, on the 16th day of June, 1873, filed a suit in the Pulaski Circuit Court against Baxter, claiming the office of Governor, its fees, emoluments, etc. To this complaint Baxter's attorneys filed a demurrer on the ground of want of jurisdiction, and in this shape the case rested until the following April.
In the meantime a complete reversal of the attitude of public sentiment toward Governor Baxter took place. Displeased with his efforts to remove disfranchisement from the citizens upon whom it was imposed, and with his appointments of Demo- crats to office, his Republican supporters had forsaken him, and now began to espouse the cause of Brooks. Efforts were made in the Legislature to secure his impeachment and re- moval from office, but the movement was voted down in the House. Finally the rupture which had for some time
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been maturing became absolute when Baxter refused to sanction certain measures in the issue of railroad bonds, and the establishment of a State Constabulary, the tendency of which would have been to plunge the State into hopeless bank- ruptcy, not only as to finances, but as to the rights and liber- ties of her citizens.
Finding they could not influence or control him to their wishes, the Radical Republicans at once abandoned Baxter and took up the cause of Brooks. The result of this coalition was that the former supporters of Baxter were now his oppo- nents, and were as warmly engaged in championing Brooks' efforts to secure the office of Governor as they had previously been in keeping him out.
On the other hand the Democrats who had formerly op- posed Baxter, seeing that he was endeavoring to give the State a fair and impartial administration, and had set himself against the measures of ruin which his former advocates had proposed, flocked to him in their support, until the situation of the two parties had become entirely reversed.
At this juncture Mr. Brooks took measures which precipi- tated a revolution, and put an end forever to his contest in all its branches.
On the morning of April 15th, the attorneys of Brooks called up the case against Baxter in the Circuit Court for hearing. Baxter's attorneys were not present, being in attendance in the United States Court, which was then in session. The Circuit Judge, John Whytock, proceeded to hear the case on the de- murrer of Baxter, and pronounced judgment overruling it. Then, instead of making order that the defendant should either answer farther, or elseshould elect tostand on his demur- rer, he proceeded to enter a final judgment on the merits of the case, declaring that Brooks was entitled to the office of Governor, and was entitled to $2,218; and that Baxter be ousted from the office of Governor of Arkansas.
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In a few moments thereafter, and without the intervention of any court officer to execute the writ, Mr. Brooks, duly pro- vided with a copy of the judgment, proceeded to the State- house, in company with General R. F. Catterson, and about twenty men. It was a day of excessive rain, when few per- sons were astir. Entering the Governor's office, he found Gov- ernor Baxter, and his private Secretary, Mr. McAnany, within. He stated the proceedings which had taken place, and demanded possession of the office. Baxter refused to surrender it, whereupon Mr. Brooks' followers ejected Baxter and took posession of the apartments. He then took the oath of office.
Having thus obtained a lodgment in the capitol building, Mr. Brooks summoned as many of his followers as he could command, and seizing all the arms which were in the State armory, part of the building, he posted a strong guard around the buildings, and gave evidence of intending to hold it by. force. In a short while a line of breastworks was thrown up in a semi-circle around the buildings in the State-house yard, which was guarded by armed sentinels. Mr. Brooks styling himself Governor of Arkansas, issued calls for troops to uphold his assumption to the office, and sustain his proceedings by force. A considerable proportion of Mr. Brooks' adherents were colored men.
In the meantime Baxter, as soon as he was ejected from the Governor's apartments in the capitol, took a carriage, and drove at once to the St. Johns' College building, in the east- ern suburbs of the city, where he temporarily established him- self. As soon as it became known throughout the city what had happened, the excitement became intense. A number of citizens at once repaired to St. Johns' College, and offered their services to Baxter for his support. They were speedily enrolled as State Militia, and formed a "Governor's Guard," arming themselves out of about sixty stand of cadet muskets, which were in the armory of that college, which at the time was a military institution. Governor Baxter, remembering
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JANUARY, 1873, TO NOVEMBER, 1874.
the consideration with which he had been treated by Colonel Robert C. Newton, when a prisoner in his hands, and out of regard for Newton's military capacity, appointed him Major- General of the State Militia. The next day, escorted by his "Guard," Governor Baxter moved down town, and established his headquarters at the Anthony House, within three hundred yards of where Brooks was in the State-house. In a short while Baxter had at his command all the military force he needed.
When the news ran through the State, there was a general uprising in his behalf. Citizens, in companies, singly and in squads, came pouring into the capital tendering him their services, and as fast as they arrived were enrolled in the militia.
Every train and every boat came loaded, and many even came on foot. A company came from Woodruff county, under Captain A. W. Jones ; another company came from Lonoke county; another from Conway county. General H. King White brought a company of colored men from Jefferson county, and there were other companies from ad- joining counties.
General T. J. Churchill was placed in charge of the troops, and a movement was projected to occupy the "Capital Hotel"' or "Denckla Block," and the "Benjamin Block," and thus closely invest Brooks in the State-house, but on telegraphic instruction from the Secretary of War, Colonel Rose, the commandant of the Post at Little Rock, interposed his force of Federal troops between the adversaries with a view to pre- serve the peace, and prevented the consummation of this de- sign.
The matter of obtaining arms and ammunition at once be- came the important subject of concern to both sides. Baxter's men had muskets, but no artillery. Accordingly, Major William E. Woodruff went on a journey to Texas, and pur- chased a battery of two "Parrott" guns, and had them shipped
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by rail to Little Rock, where they were duly received and held for use. In the pressing need of the occasion also, they bethought themselves of an old 64-pound "Columbiad" gun, which the retreating Confederates had unsuccessfully en- deavored to burst on the day of the capture of Little Rock, September 10th, 1863. It was dragged out from its half for- gotten resting place near the oil mill grounds, in the east of the city. The sand and gravel with which it had become filled, the accumulation of eleven years, was dug out of it; the touch-hole was re-bored, and under the superintendency of Colonel Arnold Syberg, an experienced engineer, the gun was hauled to the bank of the river at the north part of Main street, and planted so as to command the State-house, but no occasion ever arose for its being fired for that purpose. After the commotion was all over, the gun-which had been named "Lady Baxter"-was moved into the State-house yard, where it now rests-almost entirely overgrown with vines.
In the progress of events several collisions occurred in Little Rock between the two sides. The most considerable of these occurred near the "Peabody School," where shots were ex- changed between squads of the two, and a brisk skirmish ensued, resulting in the wounding of several on each side, but not with loss of life to any.
Another casualty of the war was the wounding of Daniel O'Sullivan, an adherent of Brooks. As he was walking along Markham street at night, when passing the alley by the Cap- ital Theatre, he was fired upon in the dark by some unknown person, and was wounded in both legs, the ball passing en- tirely through them. He lingered a long time with his wound, but finally recovered.
But perhaps the saddest of all the casualties of that un- happy period was the killing of David F. Shall, one of the prominent citizens of Little Rock, a leading civil engineer, and real estate dealer and owner; and a non-combatant,
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JANUARY, 1873, TO NOVEMBER, 1874.
simply being about his business on the streets. On the after- noon of April 21st, 1874, he was sitting in or standing near a lower window at the Anthony House, near where his office was ; having his back to the West, in which direction the State House and the Brooks forces were. On a sudden, while there was no engagement or other disturbance in progress, a volley of musketry was fired from the upper windows of the Metropolitan Building which was inside the Brooks' lines, aimed down Markham street in the direction of the Anthony House, where several bullets struck. A bullet struck Major Shall in the back of the head and penetrated the brain, from which he died next day. From this occurrence, citizens came to learn that they ran risks of losing their lives by simply being upon the streets in the ordinary discharge of every day affairs, and so refrained from appearing.
The occasion in which the greatest loss of life occurred, was on May 8th, 1874, at Palarm. Certain of the Brooks forces had gone to Fayetteville and seized the arms in the University there, and were engaged in transporting them down the river. To intercept the boat containing them on its journey, the Hallie Rifles, a company of State Militia, comprising the Gov- ernors Guard, composed mostly of young men of Little Rock, commanded by Captain James A. Welch, boarded the Steamer Hallie, which was commanded by Captain Sam. Houston, and steamed up the river. As soon as they had de- parted, a company of Brooks' men, embarked on the train and speeded up the Fort Smith Railroad as far as Palarm, eighteen miles up the river, to intercept them. Arriving ahead of the boat, they took position behind a woodpile, and awaited her coming. As soon as the Hallie appeared in sight and came within range, the Brooks men opened fire on her, de- livering a volley which disabled the boat, and killed and wounded several. Frank H. Timms was instantly killed ; Captain Sam. Houston, commanding the steamer, was mortally wounded, so that he died in a short time-before he could be
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HISTORY OF ARKANSAS.
transported to Little Rock; John Meyers, the pilot, was also mortally wounded, and died after a short time; L. Bascomb Leigh was disabled for life, being shot through the knee.
Upon being fired into, the Rifles returned the fire, from which two of the Brooks men were wounded. The volley fired into the boat had the effect of disabling her. One bullet penetrated the steam pipe, rendering the boat unman- ageable. She drifted to the bank on the other side, where she was tied up, the Hallie Rifles marching home.
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