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 46
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During the progress of these incidents an enormous amount of telegraphic correspondence was being had by both sides with the President and Departments, and their respective friends and allies at the capital, and from the capital to the respective sides in Little Rock. Senators Clayton and Dorsey, and Congressmen Hodges, Snyder and Hynes united in a dispatch to Mr. Brooks, saying that the President would cer- tainly sustain "the man recognized by the courts." Con- gressman Wilshire alone, of the delegation, remained firm in his adhesion to Baxter.
A special session of the Supreme Court was appointed to be held, at which the question would be for consideration, but as Justices Bennett and Searle were on their way from Helena to the capital, to attend the court, they were made prisoners by the Baxter men as soon as they arrived at Ar- genta. They were taken southward and detained for some time, but finally got free.
In a short while after their escape a session of the court was held, Justices Gregg and Bennett not attending. In order to get the case before the Supreme Court for a hearing on its merits, a difficulty presented itself. As Baxter had taken no appeal from the judgment of the Pulaski Circuit Court de- claring him ousted, there was no case before them; hence, to supply the omission, Mr. Brooks drew his warrant on Henry Page, as Treasurer, for the payment of expenses, and Page refused to honor it, thereupon Brooks applied to the
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Supreme Court in the exercise of its original jurisdiction for a mandamus to compel its payment. It followed, that in order to obtain the mandamus, the relator must be in a position of right to ask it. In this way the merits of Brooks' claim to the Governorship was passed on by the court, and the grant of the mandamus was awarded. The whole of the opinion, which was a lengthy one, was telegraphed at once to Wash- ington, and laid before the Attorney-General, who was en- gaged in considering the case.
Now, it happened that as soon as Mr. Brooks had made his seizure of the State-house, Treasurer Page, with other Republican State officers, had united in a dispatch to the Presi- dent saying they recognized Brooks as Governor, and not Baxter.
In his consideration of the case, the Attorney-General ad- dressed himself to this circumstance, and drew from it the in- ference that since Treasurer Page had acknowledged Brooks' claim in his dispatch, but had denied them in the mandamus proceeding, that the whole thing bore evidence of being a made-up case, gotten up for the purpose of securing a deci- sion in Brooks' favor by the very court which a short while previous had rendered its decision from a full bench in the case of James H. Berry against Stephen Wheeler, for the office of Auditor, declaring that the Legislature alone was clothed with power under the law to determine the contest. A consideration of these facts operated to create the opinion of the Attorney-General that the claim of Brooks had no legal basis.
As a portion of this correspondence, Governor Baxter called upon the President, under the Constitution of the United States, to suppress domestic violence, but the President took no action. Finally Baxter telegraphed to President Grant to know if he would protect the Legislature in case they should be called together to submit the question to them as the Representatives of the people, and the sole tribunal clothed
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HISTORY OF ARKANSAS.
with power, under the State Constitution, to declare and de- termine who was the rightful Governor. President Grant re- plied in the affirmative, and Governor Baxter at once issued a call convening the Legislature in extra session.
The Assembly met May 11th, 1874, and as the Brooks men were in possession of the State House, including the Legisla- tive Hall, the Body occupied a rented hall, on lower Mark- ham street, near Rock. Lieutenant-Governor V. V. Smith not attending the session, Hon. J. G. Frierson, of Missis- sippi county, was elected Temporary President, and W. W. Orrick, Secretary. In the House, Hon. James H. Berry, of Benton county, was elected Speaker, and Charles C. Reid, Jr., was elected Clerk. As soon as a quorum of both Houses was obtained, a Concurrent Resolution was passed, recognizing Baxter as the lawful Governor of the State, and appealing to the President to suppress domestic violence. This was at once telegraphed to Washington on the day of its enactment.
The points in the case had been ably and fully argued before the Attorney-General, George H. Williams, by Colonel A. H. Garland, Judge U. M. Rose, Messrs. Pike and John- son and other counsel for Baxter, and by Congressmen W. W. Wilshire, who filed a brief and made an able argument.
While the case was being presented before him, Attorney- General Williams suggested that the two claimants should act jointly as Governors, until the matter could be determined. This Governor Baxter declined, saying : "I am either Gover- nor or I am not Governor, and I will consent to nothing that. will in whole or in part recognize Mr. Brooks as Governor."
The Joint Resolution of the Legislature recognizing Bax- ter, determined the case at once in his favor. Attorney-Gen- eral Williams rendered a strong and lengthy opinion reviewing the points in the case, and holding that the Legislature, being under the Constitution the sole tribunal clothed with power to declare who is Governor, to the exclusion of any and all courts, and it having now twice declared that Baxter was the
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lawful Governor, and he having been recognized as such, and for a long time been in the discharge of the duties of the office, must be recognized and upheld as the rightful Governor.
Accordingly, on the 15th of May, 1874, President Grant issued his proclamation, deciding in favor of Baxter, and calling upon Mr. Brooks' followers to disperse within ten days.
Secretary Fish caused this proclamation to be telegraphed to the President of the Senate, Frierson, for publication, at about two o'clock in the afternoon of that day. The reading of it was the occasion of tumultuous cheering. Col. Garland read it aloud from a balcony of the Hewitt Building, opposite Baxter's headquarters, to an immense crowd gathered in the street below, and the cheering was tremendous and long con- continued. Hats were thrown in the air, and men shouted themselves hoarse with every manifestation of rejoicing. The crowd then surged into the Anthony House, where Baxter was, and overwhelmed him with hand-shakings and congratu- lations. The General Assembly met at three o'clock, and it was read aloud to the Body by acting President Frierson amid great excitement. From that time on till night the city was a scene of intense excitement and rejoicing in the Baxter lines, and a feeling of great relief prevailed that the difficulty had at last been settled.
In a few days the forces of both sides were disbanded, and returned to their homes on the 19th of May. Governor Bax- ter re-occupied the Gubernatorial apartments in the capitol, and the Legislature moved into and occupied their halls in the building. The event was made the occasion of a considerable demonstration. A salute of one hundred and one guns was fired from the two Parrot guns, under the superitendency of Captain George A. Merrick, and the sixty-four-pound Colum- biad joined in the uproar. In a short while Judge Yonley tendered his resignation as Attorney-General, which was ac- cepted, and James L. Witherspoon was appointed. This was 41
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followed by the resignation of Justices Bennett and Stephenson, and of Henry Page, Treasurer. Justice Stephenson was suc- ceeded by J. T. Bearden, of Camden; Justice Bennett was succeeded by Judge Freeman W. Compton, June Ist, and at the same date Elbert H. English was appointed Chief Justice by Governor Baxter, in place of Justice John McClure. Colonel Robert C. Newton was appointed Treasurer, to succeed Henry Page, and served from May 23d to November 12th, 1874.
When Colonel Newton took charge of his office as Treas- urer, it was ascertained thatit had been the custom of his prede- cessor in office to permit the private banking house of Stod- dard Bros. & Co., Bankers, of Little Rock, to act as the fis- cal agents of the State in effecting settlements with the sheriffs and collectors of the various counties, for their collection of taxes, etc. Before this irregularity could be corrected by the transfer of the State's funds into the vaults of her own treas- ury, the banking house of Stoddard Bros. & Co. failed and closed its doors, being indebted to the State upwards of $50,000 for scrips and warrants received from sheriffs and collectors ; and for which Newton thereby became officially responsible. As the scrips and warrants were at a discount, Colonel Newton was, by a subsequent Act of the Legislature, allowed to pay off the loss with an amount of currency equal to the value of the scrips, and accordingly the amount was liquidated with about $23,000, which was paid to the State for the purpose.
As a part of its labors, the convention passed concurrent resolutions of thanks to President Grant for having settled the difficulty by upholding the Baxter Government, and to Con- gressman Wilshire for his efforts in that behalf.
Another proceeding was to authorize the Governor to issue a series of bonds, not exceeding $200,000 in amount, to pay the expenses of the militia and of the Legislature, called out by the recent occurrences. Under this Act, Governor Baxter
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issued bonds in the denominations of $100 and $500, bearing ten per cent. interest, payable in ten years, but redeemable at the pleasure of the State after five years. These were known as the Baxter War Bonds, and were all promptly paid in principal and interest by or before maturity. At first they sold on the market at a great discount, the price at times being as low as thirty cents on the dollar, but they gradually rose in value until they were above par, commanding 103 cents on the dollar.
Another important matter transacted by the Assembly, was with relation to a new Constitution. On the 18th of May an Act was passed, which had been introduced by Hon. B. F. Askew, calling a Constitutional Convention to assemble at the capital on the 14th day of June, for the purpose of fram- ing a new Constitution, and submitting the same to the people. Governor Baxter promptly approved and signed the Bill. Having completed its labors, the Assembly adjourned May 28th. The vote on the subject of calling the convention was had June 30th, 1874. The total vote for convention. was 80,259; against convention, 8,547; majority for convention, 71,712.
The convention provided for by the Act, and the vote of the people, was held at the capital July 14th, 1874. As was most appropriate in the fitness of things, Grandison D. Royston, Delegate from Hempstead county, the last surviving Member of the Constitutional Convention of 1836, was made President, and Thomas W. Newton, of Little Rock, Secre- tary.
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HISTORY OF ARKANSAS.
The following is the list of Delegates :
Arkansas County, James A. Gibson. Ashley, Marcus L. Hawkins. Baxter, John W. Cypert. Benton, H. H. Patterson, A. M. Rod- gers.
Boone, William W. Bailey.
Bradley, John R. Hampton.
Calhoun, Benjamin W. Johnson. Carroll, Bradley Bunch.
Chicot, F. Downs.
Clayton, E. Foster Brown.
Clark, Harris Flanigan,* J. A. Ross.
Columbia, George P. Smoote, D. L. Kilgore.
Conway, William S. Hanna.
Craighead, John S. Anderson.
Crawford, Hugh F. Thomason.
Crittenden, W. L. Copeland.
Cross, J. G. Frierson.
Dallas, W. D. Leiper.
Desha, Xenophon J. Pindall,t J. P. Jones.
Dorsey, John Niven.
Drew, James P. Stanley.
Faulkner, John Dunaway.
Franklin, William W. Mansfield.
Fulton, Edwin R. Lucas.
Garland, Henry M. Rector.
Grant, Davidson O. D. Cunningham.
Greene, Benjamin H. Crowley.
Hempstead, Grandison D. Royston, Jno. R. Eakin. Hot Spring, W. C. Kelley.
Howard, Jacob Custer.
Independence, James W. Butler, J. Rutherford. Izard, Ransom Gulley. Jackson, Franklin Doswell.
Jefferson, John A. Williams, W. Mur- phy, Cyrus Berry. Johnson, Seth J. Howell.
Lafayette, Volney V. Smith. Lawrence, Phillip K. Lester.
Lee, Monroe Anderson. Lincoln, Reason G. Puntney. Little River, James H. Williams. Lonoke, James P. Eagle. Madison, John Carroll. Marion, Roberson J. Pierce. Mississippi, Charles Bowen.
Monroe, Simon P. Hughes. Montgomery, Nicholas W. Cable.
Nevada, Rufus K. Garland.
Newton, George H. S. Dodson.
Ouachita, Elijah Mosely, H. G. Bunn. Perry, William H. Blackwell.
Phillips, John J. Horner, J. T. White, R. Polk.
Pike, Henry W. Carter.
Poinsett, Roderick Joyner.
Polk, Steven C. Bates.
Pope, John R. Homer Scott.
Prairie, David F. Reinhardt.
Pulaski, James F. Fagan,§ George N. Perkins, Jesse Butler, Sidney M. Barnes, Dan. O'Sullivan. T
Saline, Jabez M. Smith.
Sarber, Ben. B. Chism.
Scott, J. W. Sorrels.
Searcy, William S. Lindsey.
Sebastian, R. B. Pulliam, William M. Fishback.
Sevier, Burton H. Kinsworthy,
Sharp, Lewis Williams.
St. Francis, John M. Parrott. Stone, Walter J. Cagle.
Union, H. G. P. Williams, Robt. Good- win.
Van Buren, Allen R. Witt.
Washington, Benj. F. Walker, M. F. Lake, T. W. Thomason.
White, Jesse N. Cypert, Joseph W. House. Woodruff, William J. Thompson. Yell, Joseph T. Harrison.
(*) Died during the session of the convention, October 22, 1874.
(t) Resigned July 20, 1874.
(#) Admitted July 21, 1874, upon contest for the seat originally occupied by X. J. Pindall.
(§) Resigned without taking his seat in the convention.
(TT) Chosen at special election, held July 27, 1874, to fill the vacancy occasioned by the resignation of James F. Fagan.
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JANUARY, 1873, TO NOVEMBER, 1874.
A Constitution was framed, liberal in its provisions, remov- ing all disfranchisement, and with equitable exemption features, and was directed to be submitted to a vote of the people, to be held October 13th, 1874. A State Board of Election Super- visors, consisting of Augustus H. Garland, Gordon N. Peay, and Dudley E. Jones, was appointed to superintend the hold- ing of the election, and to declare the result.
To nominate candidates for the offices to be filled, if the proposed Constitution should be adopted, a convention assem- bled in Little Rock, and unanimously nominated Governor Elisha Baxter as their candidate for Governor. Governor Baxter declined the nomination, not wishing as he said, to render himself liable to the imputation of having "sold out to the Democrats for the purpose of gaining their support." This action on the part of Governor Baxter, and the delicacy of sentiment which he manifested by it, tended to increase the already high regard in which he was held in the general estimation of the public. Upon Baxter's declin- ing, A. H. Garland was nominated by the convention for Governor, and the remaining offices on the ticket were filled.
The election on the Constitution was held October 13th, 1874, and the vote stood as follows : For ratification, 78,697 ; against ratification, 24,807. Total vote cast, 103,504; ma- jority for ratification, 53,890.
For Governor, A. H. Garland received 76,453 votes, and the remaining candidates about the same. The Republicans had no ticket in the field to be voted for.
The official proclamation or certificate of the Commissioners of Election, declaring the Constitution ratified, was made October 30th, 1874, announcing the instrument to be in force from that date.
The Legislature, which convened November 10th, pub- lished the returns and declared the result. They were dis- posed to inaugurate the Governor-elect with some ceremony, but it was believed that the Republicans designed, as soon as
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HISTORY OF ARKANSAS.
Baxter should have vacated the office, to declare V. V. Smith, Lieutenant-Governor, under the former Constitution, as the legitimate successor to Baxter, and endeavor to have him as- sume the office of Governor. So, to avoid any trouble on this score, Governor Garland was privately sworn into office, on the 12th of November, 1874, going with Governor Baxter to the Governor's office in the State-house, where he was for- mally inducted into office.
The other State officers inducted into office at the same time were : Benton B. Beavers, of Saline county, Secretary of State; William R. Miller, Auditor; Thomas J. Churchill, Treasurer ; Simon P. Hughes, Attorney-General; J. N. Smithee, Commissioner of State Lands ; Elbert H. English, Chief Justice of the Supreme Court ; David Walker and Wil- liam M. Harrison, Associate Justices ; John R. Eakin, Chan- cellor of the Pulaski Chancery Court.
In the Pulaski Chancery Court, Colonel A. R. Witt, of Van- Buren county, was appointed Clerk, and in the Supreme Court, Luke E. Barber was restored to the position which he had so long held prior to the Constitution of 1868. John M. Moore was appointed Reporter.
At the Congressional election for Representatives in the ses- sion from March 4th, 1875, Colonel Lucien C. Gause, of Jack- sonport, was elected for the First District ; W. F. Slemons, of Drew county, for the Second; W. W. Wilshire, of Little Rock, for the Third, and T. M. Gunter, of Washington coun- ty, for the Fourth.
Governor Garland had hardly entered upon the discharge of his duties before the Republican managers made an in- effectual effort to seize the reins of Government. Their pro- gramme was to regard the Constitution as a nullity, and to declare that Baxter having abdicated the office of Gover- nor, it descended to V. V. Smith, the Lieutenant-Gov- ernor, under the former Constitution. Accordingly, as soon as Governor Garland was inducted into office, V. V. Smith
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JANUARY, 1873, TO NOVEMBER, 1874.
issued a proclamation declaring himself the successor of Bax- ter, and as such the rightful Governor of Arkansas.
The proclamation, however, produced nothing more than a- momentary sensation. Governor Garland at once ordered the arrest of Smith as an insurgent, and offered a reward for his apprehension. Smith was never arrested. He was shortly afterwards appointed by President Grant United States Con- sul to the Island of St. Thomas, to which place he repaired, and discharged the duties of the office for some time, but af- terwards returned to Arkansas, and became Clerk of Lafay- ette county. The next step in the course of events on this subject was taken in the National Capital. On the 8th of February, 1875, President Grant sent a special message to Congress relative to the Arkansas case, giving his opinion that all the testimony showed "that in 1874 the Constitution of the State was, by violence, intimidation and revolutionary proceedings, overthrown, and a new Constitution adopted, and a new State Government established," and asking Congress to take action in the matter to relieve him "from acting on questions which should be decided by the legislative branch of the Government." Upon this communication to Congress being made by the President, Governor Garland, himself, invited an investigation, on the part of Congress, into the legality of the State Government of Arkansas, and a commit- tee for the purpose was appointed. The sessions of the com- mittee were begun at Washington, where Governor Baxter, among others, repaired, and made an argument in behalf of the legality of the Government. Hon. Luke P. Poland, of Vermont, and Hon. Mr. Ward, members of the committee, came to Little Rock to take testimony, and personally inspect the condition of affairs. Becoming satisfied of its legality in all respects, they returned to Washington, and reported the result of their investigations, and the committee made a re- port to Congress to that effect, which was adopted as satisfac- tory, and was the conclusion of the whole matter.
CHAPTER XXIX.
NOVEMBER, 1874, TO JANUARY, 1881.
THE ADMINISTRATIONS OF GOVERNORS A. H. GARLAND AND WILLIAM R. MILLER.
THE State Government was now as entirely Democratic, as it had previously been Republican.
Augustus H. Garland, the eleventh Governor of the State, was born in Tipton county, Tennessee, June 11th, 1832. In 1833 his parents moved to Arkansas, and settled in Hemp- stead county. He was educated in St. Mary's College, and St. Joseph's College, in Kentucky. He studied law, and was admitted to the bar at Washington in 1853. In 1856 he moved to Little Rock, and formed a law partnership with Ebenezer Cummins, which continued until the death of Mr. Cummins, in 1857. He was, as we have seen, a Delegate to the State Convention of 1861 ; a Member of the Provisional Congress of the Southern Confederacy, which met in Mont- gomery, Alabama, in 1861, and subsequently in the Confeder- ate Congress, both as Representative and Senator, being in the Senate when the war closed. After the war he resumed the practice of his profession, and associated with himself Ma- jor C. C. White and Captain L. B. Nash, as Garland, White & Nash. After the death of Major White, the firm was Garland & Nash. Captain Nash afterwards moved to Dakota Territory, and Colonel Garland formed a law partnership with Hon. Sterling R. Cockrill, the present Chief Justice of the Supreme Court, the firm being Garland & Cockrill. Two of his not- able achievements in the legal profession were the cases of
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AUGUSTUS H. GARLAND. Eleventh Governor of the State.
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HISTORY OF ARKANSAS.
ex-parte Garland, in the Supreme Court, of the United States, on the constitutionality of the test oath for lawyers, and Os- borne vs. Nicholson, before the same court, in which the va- lidity of contracts for slaves was established.
Being now elevated to the high position of Governor, even greater honors awaited him. In January, 1877, he was with- out opposition, elected by the Legislature, United States Sen- ator, to succeed Senator Powell Clayton, for the term of six years, beginning March 4th, 1877, and in 1882 was, re-elected to the position for the term ending March 4th, 1889. Upon the election of President Cleveland, in 1884, he was appointed At- torney-General of the United States, and resigning the Senator- ship entered the Cabinet. He was the first person from Ar- kansas who ever held a Cabinet position. Senator Garland has been a widower for some years ; he married in Washing- ton, Arkansas, Miss Virginia Sanders. She was a daughter of Captain Simon T. Sanders, who for 30 years was Clerk of Hempstead county. By this marriage there are four children living, three sons, Sanders, E. Cummins, and William, and a daughter, Daisy Garland.
In commencing his administration, Covernor Garland found the State Treasury entirely empty. As he expressed it, on his taking possession, "there was not enough money in the Treasury to buy sufficient wood to build a fire in the Governor's office." The State Government was conducted for two months upon the promissory notes of individuals; and after that was run on borrowed money, for which loans were effected, which in time, however, were all paid back and liquidated. The first loan of $200,000 was repaid in June, 1876.
After the disturbed condition of affairs which had previously existed, public matters settled down into a state of calm- ness and peace, the beneficial effects of which were seen in a revival of business, in immigration, and in progress in public enterprises.
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NOVEMBER, 1874, TO JANUARY, 1881.
The twentieth session of the Legislature was held from No- vember 10th, 1874, to March 5th, 1875, and a second session from November Ist to December 10th, 1875.
Hon. Bradley Bunch was elected President of the Senate, and Thomas W. Newton, of Little Rock, Clerk. In the House, A. A. Pennington, of Hot Spring county, was elected Speaker, and J. W. Gaulding, of Clark county, Clerk.
In the first session, from November 10th, 1874, to March 5th, 1875, the Acts of importance were for the government of municipal corporations ; re-organizing the county of Miller ; providing means to pay the expenses of the State Govern- ment, and to retire outstanding Auditor's warrants and Treas- urer's certificates by the issue of thirty year bonds, commonly called Loughborough bonds; creating a general election law ; incorporating benevolent companies; fixing the legal rate of interest and defining usury ; prohibiting the carrying of deadly weapons ; enacting a three mile law, preventing the sale or giving away of spirituous, vinous or malt liquors within three miles of any school or academy, if the inhabitants petition therefor, in short, local option ; providing for bridges on pub- lic roads; regulating the celebration of marriages ; joint reso- lutions of thanks to Governor Elisha Baxter, and reviewing the course of the three past State administrations.
In the second session, from November Ist, to December Ioth, 1875, the Acts of chief importance were: Dividing the State into four districts for congressional purposes ; authoriz- ing the Finance Board to borrow money, with which to con- duct the State Government; appropriating $15,000 for a proper representation of the State at the approaching centennial exhibition; for the maintenance of free common schools and benevolent institutions of the State; and enlarging the peni- tentiary grounds. The most constant occupation, however, of this and of some subsequent sessions was to alter, amend or repeal chapters of Gantt's Digest, which was published in 1874. In the present session twenty chapters were either re-
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