USA > Arkansas > Faulkner County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Garland County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Grant County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Hot Spring County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Jefferson County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Lonoke County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Perry County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Pulaski County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
USA > Arkansas > Saline County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 11
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Surrounded as they were with all these ill con- ditions, as a body of men they were nevertheless learned in the law, great in the forum, able and upright on the bench. Comparisons are odious, but it is nothing in disparagement to the present generation of courts and lawyers, to say that to be equally great and worthy with these men of the early bench and bar of Arkansas, is to exalt and ennoble the profession in the highest degree.
Sixty years have now passed since the first coming of the members of this calling to the State of Arkansas. In 1819 President Monroe appointed James Miller, governor, Robert Crittenden, secre- tary, and Charles Jouitt, Andrew Scott and Robert P. Letcher, judges of the Superior Court, for the new Territory of Arkansas. All these, it seems, except Gov. Miller, were promptly at the post of duty and in the discharge of their respective offices. In the absence of Mr. Miller, Mr. Crittenden was acting governor. These men not only constituted the first bench and bar, but the first Territorial offi- cials and the first legislature. They were all lo- cated in the old French town of Arkansas Post. The lawyers and judges were the legislative body, which enacted the laws to be enforced in their re- spective districts. At their first legislative session they established but five statute laws, and from this it might be inferred that there were few and simple laws in force at that time, but the reader will remember that from the moment of the Louis- iana purchase all the new territory passed under
the regulation and control of the English common law-substantially the same systemu of laws then governing England.
It is a singular comment on American juris- prudence that this country is still boasting the pos- session of the English habeas corpus act, wrung by those sturdy old barons from King John, -a government by the people, universal suffrage, where the meanest voter is by his vote also a sov- ereign, and therefore he protects himself against -whom ?- why, against himself by the English habeas corpus act, which was but the great act of a great people that first proclaimed a higher right than was the "divine right of kings." When these old Englishmen presented the alternative to King John, the writ or the headsman's ax, he very sensi- bly chose the lesser of the two great inconven- iences. And from that moment the vital meaning of the phrase "the divine right of kings" was dead in England.
In America, where all vote, the writ of habeas corpus has been time and time again suspended, and there are foolish men now who would gladly resort to this untoward measure, for the sake of party success in elections. There is no language of tongue or pen that can carry a more biting sar- casm on our boasted freemen or free institutions than this almost unnoticed fact in our history.
One of the acts of the first legislative session held in August, 1819, was to divide the Territory into two judicial circuits. As elsewhere stated, the counties of Arkansas and Lawrence constituted the First circuit; Pulaski, Clark and Hempstead Coun- ties forming the Second.
The judges of the Superior Courts were as- signed to the duties of the different circuits. At the first real Territorial legislature, composed of representatives elected by the people, the Territory was divided into three judicial circuits. The courts, however, for the different circuits, were all held at the Territorial capital. There was no cir- cuit riding, therefore, at this time.
Judicial circuits and judges residing therein were not a part of judiciary affairs until 1823. The judges of the First circuit from that date, with time of appointment and service, were: T. P. Eskridge,
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HISTORY OF ARKANSAS.
December 10, 1823; Andrew Scott, April 11, 1827; Sam C. Roane, April 17, 1829-36. The list of prosecuting attorneys includes: W. B. R. Horner, November 1, 1823; Thomas Hubbard, November 5, 1828, to February 15, 1832; G. D. Royston, September 7, 1833; Shelton Watson, October 4, 1835; A. G. Stephenson, January 23, 1836.
Of the Second circuit the judges were: Richard Searcy, December 10, 1823, and J. W. Bates, November, 1825, to 1836; while the prosecuting attorneys were R. C. Oden, November 1, 1823; A. H. Sevier, January 19, 1824 (resigned); Sam C. Roane, September 26, 1826; Bennett H. Martin, January 30, 1831; Absalom Fowler, -; D. L. F. Royston, July 25, 1835; Townsend Dickin- son, November 1, 1823; A. F. May, March 29, 1825 (died in office); W. H. Parrott, April 21, 1827; S. S. Hall, August 31, 1831; J. W. Robert- son, September 17, 1833; E. B. Ball, July 19. 1836.
Samuel S. Hall was judge of the Third circuit, serving from December, 1823, to 1836. As pros- ecuting attorneys, are found the names of T. Dick- inson, January 10, 1823; A. D. G. Davis, June 21, 1829; S. G. Sneed, November 11, 1831; David Walker, September 13, 1833; Thomas Johnson, October 4, 1835; W. F. Denton, January 23, 1836.
The appointment of Charles Caldwell as judge of the Fourth circuit dates from December 27, 1828; while E. T. Clark, February 13, 1830; J. C. P. Tolleson, February 1, 1831; and W. K. Sebaş- tian, from January 25, 1833, served as prosecuting attorneys.
The Supreme Court of Arkansas has ever com- prised among its members men of dignity, wisdom and keen legal insight. The directory of these officials contains the names of many of those whose reputation and influence are far more than local. It is as follows:
Chief justices: Daniel Ringo, 1836; Thomas Johnson, 1844; George C. Watkins, 1852 (re- signed); E. H. English, 1854 (also Confederate); T. D. W. Yonley. 1864 (Murphy constitution); E. Baxter, 1864 (under Murphy regime); David Walker, 1866 (ousted by military); W. W. Wil- shire, 1868 (removed); John McClure, 1871, (re-
moved); E. H. English, 1874. Sterling R. Cock- rill is present chief justi-
Associate justices: Thomas J. Lacey, 1836; Townsend Dickinson, 1836; George W. Paschal, 1842; W. K. Sebastian, 1843; W. S. Oldham, 1845; Edward Cross, 1845; William Conway, 1846; C. C. Scott, 1848; David Walker, 1847 and 1874; Thomas B. Hanley, 1858 (resigned); F. I. Batson, 1858 (resigned); H. F. Fairchild, 1860 (died); Albert Pike, 1861 (also Confederate); J. J. Clen- denin, 1866 (ousted); T. M. Bowen, 1868; L. Gregg, 1868; J. E. Bennett, 1871; M. L. Steph- enson, 1872; E. J. Searle, 1872; W. M. Harrison, 1874; J. T. Bearden, 1874 (appointed); Jesse Turner, 1878; J. R. Eakin, 1878; W. W. Smith, 1SS2; B. B. Battle, 1885, re-elected. By law three additional judges were elected April 2, 1889: Simon B. Hughes, W. E. Hemingway and Mont. H. Sandels.
Reporters: Albert Pike, N. W. Cox, E. H. English, J. M. Moore, L. E. Barber, B. D. Turner and W. W. Mansfield (present incumbent).
Clerks: H. Haralson, L. E. Barber, N. W. Cox, and W. P. Campbell (in office).
Special chief justices: William Story, F. W. Compton, J. L. Witherspoon, S. H. Hempstead, C. B. Moore, Thomas Johnson, R. A. Howard, George A. Gallagher, B. B. Battle, Sam W. Will- iams, A. B. Williams, G. N Cousin, Isaac Strain, N. Haggard, Edward Cross, R. C. S. Brown, L. A. Pindall, Sam C. Roane, George Conway, Sack- field Macklinin, John Whytock, C. C. Farrelley, W. W. Smith, W. I. Warwick, B. B. Morse, B. D. Turner, George W. Caruth, S. H. Harring- ton.
In this list are the names of nearly all early members of the Arkansas bar. Commencing here as young attorneys in their profession, many of them have left illustrious names -names that adorn the history of the State and Nation, and time will not dim nor change the exalted esteem now given them. Not one of them but that was an ex- ample of that wonderful versatility of American genius-the young lawyer becoming great in the practice of his profession in the wild wood; or cel- ebrated on the bench for decisions that came to the
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HISTORY OF ARKANSAS.
world like beacon lights from the unknown land; or as senators holding civilized people spell-bound by their wisdom and eloquence; and all, at all times, listening for their country's call to play as con- spicuous a part in camp and field as they had in the walks of civil life. To undertake all these things is not wonderful with a people so cosmopol- itan as those of the west, but to be pre-eminent in each or all alike is most remarkable.
Of this brilliant galaxy of pioneer legal lights -giants indeed-there now remain as a connect- ing link with the present generation only the ven- erable Gen. Albert Pike, of Washington City, and Judge Jesse Turner, of Van Buren.
Writing in a reminiscent way of the bench and bar, Albert Pike says: "When I came to the bar there were William Cummins, Absalom Fowler, Daniel Ringo, Chester Ashley, and Samuel Hall, at Little Rock. I served on a jury in 1834 where Robert Crittenden was an attorney in the case; the judge was Benjamin Johnson, who died in Decem- ber, 1834, at Vicksburg. Parrott and Oden died before I went to Little Rock. Judge William Trimble was an old member of the bar when I en- tered it, as was Col. Horner, of Helena. Thomas B. Hanley had recently come to Helena from Louis- iana. I think Maj. Thomas Hubbard and George Conway were practicing at Washington in 1835. Judge Andrew Scott had been Territorial judge, but retired and lived in Pope County. Frederick W. Trapnall and John W. Cocke came from Kentucky to Little Rock in 1836, and also William C. Scott and his partner, Blanchard. I think Samuel H. Hempstead and John J. Clendenin came in 1836. John B. Floyd lived and practiced law in Chicot County." Gen. Pike further mentions Judge David Walker, John Linton, Judges Hoge and Sneed, John M. Wilson, Alfred W. Wilson, Archibald Yell, Judge Fowler, Judge Richard C. S. Brown, Bennett H. Martin, Philander Little, Jesse Turner and Sam W. Williams as amoug the eminent law- yers of the early courts of Arkansas.
The list of those who have occupied positions as circuit judges and prosecuting attorneys in the various circuits, will be found of equal interest with the names mentioned in connection with a
higher tribunal. It is as below, the date affixed indicating the beginning of the term of service:
Judges of the First circuit: W. K. Sebastian, November 19, 1840; J. C. P. Tolleson, February 8, 1843; John T. Jones, December 2,1842; Mark W. Alexander, - -; George W. Beasley, September 6, 1855; C. W. Adams, November 2, 1852; Thomas B. Hanley, -; E. C. Bronough, August 25, 1858; O. H. Oates, March 3, 1859; E. C. Bronough, Angust 23, 1860; Jesse M. Houks, September 17, 1865; John E. Bennett, July 23, 1868; C. C. Wat- ers, February 23, 1871; M. L. Stephenson, March 24, 1871; W. H. H. Clayton, March 10, 1873; J. N. Cypert, October 31, 1874; M. T. Saunders, October 30, 1882. Prosecuting attorneys: W. S. Mosley, November 14, 1840; A. J. Greer, Novem- ber 9, 1841; S. S. Tucker, January 20, 1840; Alonzo Thomas, August 5, 1842; W. N. Stanton, December 2, 1842; N. M. Foster, December 4, 1843; A. H. Ringo, March 2, 1849; H. A. Bad- ham, March 12, 1851; L. L. Mack, September 6, 1855; S. W. Childress, August 30, 1856; Lin- coln Featherstone, August 23, 1860; Z. P. H Farr, December 1, 1862; B. C. Brown, January 7, 1865; P. O. Thweat, October 15, 1866; C. B. Fitzpatrick, March 16, 1871; W. H. H. Clayton, March 23, 1871; Eugene Stephenson, April 23, 1873; C. A. Otey, October 31, 1874; D. D. Leach, October 13, 1876; P. D. McCulloch (three terms); Greenfield Quarles, October 30, 1884; S. Brundridge, October 30, 1886.
Judges of the Second circuit: Isaac Baker, November 23, 1840; John C. Murray, August 18, 1851; W. H. Sutton, January 11, 1845; John C. Murray, August 22, 1858; Josiah Gould, Febru- ary 26, 1849; W. M. Harrison, May 17, 1865; T. F. Sorrells, August 22, 1853; W. C. Hazeldine, April 14, 1871; J. F. Lowery, December 12, 1863; L. L. Mack, October 31, 1874; William Story, July 23, 1868; W. F. Henderson, April 26, 1874; J. G. Frierson, October 31, 1882; W. A. Case, vice Frierson, deceased, March 17, 1884, elected September 1, 1884; J. E. Riddick, Oc- tober 30, 1886. Prosecuting attorneys: John S. Roane, November 15, 1840; Samuel Wooly, Sep- tember 19, 1842; J. W. Bocage, November 20,
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HISTORY OF ARKANSAS.
1843; S. B. Jones, April 20, 1846; T. F. Sorrells, February 26, 1849; W. P. Grace, August 22, 1853; S. F. Arnett, August 23, 1856; D. W. Carroll, August 30, 1860: C. C. Godden, May 17, 1865; W. F. Slemmons, October 15, 1866; D. D. Leach, December 16, 1868; R. H. Black, May 6, 1873; J. E. Riddick, October 13, 1876; W. A. Cate, October 14, 1878; E. F. Brown, May 5, 1870; W. B. Edrington (four terms), October 30, 1880; J. D. Block, October, 1888.
Judges of the Third circuit: Thomas Johnson, November 13, 1840; William Conway, November 15, 1844; W. C. Scott, December 11, 1846; R. H. Nealy, February 28,1851; W. C. Bevins, August 23, 1856; W. R. Cain, August 23, 1860; L. L. Mack, March 15, 1866; Elisha Baxter, July 23, 1868; James W. Butler, March 10, 1873; William Byers, October 30, 1874; R. H. Powell (three terms), October 30, 1882; J. W. Butler, May, 1887. Prosecuting attorneys: N. Haggard, November 30, 1840; S. S. Tucker, January 20, 1842; S. H. Hempstead, February, 1842; A. R. Porter, Decem- ber 2, 1842; S. C. Walker, December 2, 1846; J. H. Byers, March 5, 1849; W. K. Patterson, August 30, 1856; F. W. Desha, August 30, 1860; L. L. Mack, July 8, 1861; T. J. Ratcliff, July 9, 1865; M. D. Baber, October 15, 1866; W. A. Inman, December 8, 1868; J. L. Abernathy, October 31, 1874; Charles Coffin, October 14, 1878; M. N. Dyer (two terms), October 30, 1882; W. B. Padgett, October 30, 1886; J. L. Abernathy, October, 1888.
Judges of the Fourth circuit: J. M. Hoge, November 13, 1840; S. G. Sneed, November 18, 1844; A. B. Greenwood, March 3, 1851; F. I. Batson, August 20, 1853; J. M. Wilson, Febru- ary 21, 1859; J. J. Green, August 23, 1860; Y. B. Sheppard, May 9, 1863; Thomas Boles, August 3, 1865; W. N. May. April 24, 1868; M. L. Stephenson, July 23, 1868; C. B. Fitz- patrick, March 23, 1871; J. Huckleberry, April 10, 1872; J. M. Pittman, October 31, 1874; J. H. Berry, October 21, 1878; J. M. Pittman (three terms), October 31, 1882. Prosecuting attorneys: Alfred M. Wilson, November 13, 1840; A. B. Greenwood, January 4, 1845; H. F. Thomasson, September 6. 1853; Lafayette Gregg, August 23,
1856; B. J. Brown, December 1, 1862; J. E. Cravens, January 7, 1865; Squire Boon, October 15, 1866; Elias Harrell, August 11, 1868; S. W. Peel, April 26, 1873; E. I. Stirman, October 13, 1876; H. A. Dinsmore (three terms), October 14, 1878; J. Frank Wilson, October 30, 1884; J. W. Walker, October 30, 1866; S. M. Johnson, Octo- ber 30, 1888.
Judges of the Fifth circuit: J. J. Clendenin, December 28, 1840; W. H. Field, December 24, 1846; J. J. Clendenin, September 6, 1854; Liberty Bartlett, November 12, 1854; E. D. Ham, July 23, 1868; Benton J. Brown, September 30, 1874; W. W. Mansfield, October 31, 1874; Thomas W. Pound, September 9, 1878; W. D. Jacoway, Oc- tober 31, 1878; G. S. Cunningham (three terms), October 31, 1882. Prosecuting attorneys: R. W. Johnson, December 29, 1840; George C. Watkins, January 11, 1845; J. J. Clendenin, February 17, 1849, to 1854; J. L. Hollowell, September 8, 1858, to 1860; Sam W. Williams, May 10, 1860; Pleas- ant Jordan, September 7, 1861; Sam W. Williams, July 6, 1863; John Whytock, December 19, 1865; R. H. Dedman, October 15, 1866; N. J. Temple, August 15, 1868; Arch Young, August 24, 1872; Thomas Barnes, April 23, 1873; J. P. Byers, Oc- tober 31, 1873; A. S. Mckennon, October 14, 1878; J. G. Wallace (two terms), October 31, 1882; H. S. Carter, October 30, 1886.
Sixth circuit-judges: William Conway, De- cember 19, 1840; John Field, February 3, 1843; George Conway, August 1, 1844; John Quillin, March 2, 1849; Thomas Hubbard, August 22, 1854; A. B. Smith, February 7, 1856; Shelton Wat- son, September 26, 1858; Len B. Green, April 5, 1858; A. B. Williams, January 28, 1865; J. T. Elliott, October 2, 1865; J. J. Clendenin, October 31, 1874; J. W. Martin, October 31, 1878; F. T. Vaughan, October 31, 1882; J. W. Martin, Octo- ber 30, 1886. Prosecuting attorneys: G. D. Roys- ton, November 11, 1840; O. F. Rainy, June 12, 1843; Isaac T. Tupper, January 18, 1844; A. W. Blevins, January 11, 1847; E. A. Warner, March 3, 1851; Orville Jennings, August 23, 1853; E. W. Gantt, August 22, 1854; James K. Young, August 30, 1860; Robert Carrigan, September 13,
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HISTORY OF ARKANSAS.
1865; J. F. Ritchie, October 15, 1866; T. B. Gib- son, January 11, 1868; Charles C. Reid, Jr., April 30, 1871; F. T. Vaughan, September 18. 1876; T. C. Trimble, September 30, 1878; F. T. Vaughan, September 30, 1880; T. C. Trimble, October 31, 1882; R. J. Lea, October 30, 1884; Gray Carroll, October 30, 1886; R. J. Lea, October 30, 1888.
Seventh circuit-judges: R. C. S. Brown, 1840; W. W. Floyd, November 30, 1846. (December 20, 1849, the State was re-districted into six cir- cuits. Hence this was abolished for the time.) William Byers, July 8, 1861; R. H. Powell, May 11, 1866; John Whytock, July 23, 1868; J. J. Clendenin, May 29, 1874; Jabez M. Smith, Oc- tober 31, 1874; J. P. Henderson (three terms), Oc- tober 31, 1882. Prosecuting attorneys: John M. Wilson, November 20, 1840; J. M. Tebbetts, De- cember 5, 1844; Elisha Baxter, December 7, 1861; W. B. Padgett, August 29, 1865; W. R. Coody, October 15, 1866; E. W. Gantt, July 31, 1868; J. M. Harrell, May 5, 1873; M. J. Henderson, October 31, 1874; James B. Wood, October 14. 1878; J. P. Henderson (three terms), October 31, 1882; W. H. Martin, October 30, 1888.
Eighth circuit-judges: C. C. Scott, December 2, 1846; William Davis, July 3, 1848 (abolished December 20, 1849); James D. Walker, July 25, 1861; Elias Harrell, May 8, 1865; William Story, March 27, 1867; E. J. Earle, July 23, 1868; T. G. T. Steele, February 23, 1873; L. J. Joyner, Octo- ber 31, 1874; H. B. Stuart, October 31, 1878; R. D. Hearn, October 30, 1886. Prosecuting attor- neys: Richard Lyons, February 5, 1847; N. W. Pat- terson, October 25, 1865; C. G. Reagan, January 7, 1865; J. C. Pratt, July 23, 1868; T. M. Gun- ter, October 15, 1866; Duane Thompson, January 4, 1874: George A. Kingston, July 26, 1871; J. D. McCabe, October 31, 1874; J. H. Howard, April 26, 1873; Rufus D. Hearn (three terms), July 6, 1874; Lafayette Gregg, November 13, 1862; W. M. Green (three terms), October 30, 1884.
Ninth circuit-judges: H. B. Stuart, Novem- ber 28, 1862; W. N. Hargrave, - , 1865; E. J. Searle, February 25, 1867; G. W. McCowan, July 23, 1868; J.T. Elliott, April 26, 1873; J. K. Young, October 31, 1874; C. F. Mitchell, October 31, 1882;
L. A. Byrne, November 4, 1884; A. B. Williams, vice Mitchell, resigned, September 10, 1884; C. E. Mitchell, October 30, 1886. Prosecuting attorneys: A. J. Temple, July S, 1861; A. T Craycraft, January 7, 1865; E. J. Searle, February 19, 1866; R. C. Parker, October 15, 1866; N. J. Temple, January 20, 1867; J. R. Page, January 9, 1869; J. M. Bradley, April 26, 1873; Dan W. Jones, October 31, 1874; B. W. Johnson, October 13, 1876; John Cook, October 14, 1880; T. F. Web- ber (four terms), October 31, 1882.
Judges of the Tenth circuit: H. P. Morse, July 23, 1868; D. W Carroll, October 28, 1874; T. F. Sorrells, October 31, 1874; J. M. Bradley, October 30, 1882; C. D. Wood, October 30, 1886. Prosecuting attorneys: J. McL. Barton, March 29, 1869; H. King White, April 20, 1871; M. Mc- Gehee, April 29, 1873; J. C. Barrow, October 31, 1874; C. D. Woods, October 30, 1882; M. L. Hawkins, vice Woods, October 10, 1886; R. C. Fuller, October 30, 1888.
Eleventh circuit-judges: J. W. Fox, April 30, 1873; H. N. Hutton, July 24, 1874; John A. Williams, October 31, 1874; X. J. Pindall, Octo- ber 31, 1878; J. A. Williams (two terms), October 30, 1882. Prosecuting attorneys. H. M. Mc Veigh, April 26, 1873; Z. L. Wise, October 31, 1874; T. B. Martin, October 10, 1878; J. M. Elliott (five terms), October 10, 1880.
Twelfth circuit-judges: P. C. Dooley, April 26, 1873; J. H. Rogers, April 20, 1877; R. B. Rutherford, October 2, 1882; John S. Little, Octo- ber 20, 1886. Prosecuting attorneys: D. D. Leach, April 26, 1873; John S. Little (three terms), April 2, 1877; A. C. Lewers (two terms), September 20, 1884; J. B. McDonough, October 30, 1888.
Thirteenth circuit-judges: M. D. Kent, April 26, 1873; B. F. Askew, October 30, 1882; C. W. Smith, October 30, 1886. Prosecuting attorneys: W. C. Langford, April 26, 1873; W. F. Wallace, June 5, 1883; H. P. Snead (three terms), Octo- ber 30, 1884.
Fourteenth circuit-judges: George A. King- ston, April 26, 1873; R. H. Powell, May, 1887. Prosecuting attorneys: Duane Thompson, April 26, 1873; De Ross Bailey, May, 1887.
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HISTORY OF ARKANSAS.
L. D. Belden was appointed judge of the Fif- teenth circuit April 26, 1873, the prosecuting at- torney being G. G. Lotta, elected April 23, 1873.
Sixteenth circuit-judge: Elisha Mears, April 26, 1873. Prosecuting attorneys: H. N. Withers,
September 27, 1873; V. B. Shepard, April 30, 1874.
By an act of April 16, 1873, the State was di- vided into sixteen judicial circuits, but two years later a reduction to eleven in number was made.
CHAPTER IX.
THE LATE CIVIL WAR-ANALYTICAL VIEW OF THE TROUBLOUS TIMES-PASSAGE OF THE ORDINANCE OF SECESSION-THE CALL TO ARMS-THE FIRST TROOPS TO TAKE THE FIELD-INVASION OF THE STATE BY THE FEDERAL ARMY-SKETCHES OF THE REGIMENTS-NAMES OF OFFICERS-OUTLINE OF FIELD OPERATIONS-CLAIBOURNE AND YELL-EXTRACTS FROM PRIVATE MEMO- RANDA-EVACUATION OF THE STATE-RE-OCCUPATION-THE WAR OF 1812-
THE MEXICAN WAR-STANDARD OF AMERICAN GENERALSHIP.
The cannon's hush'd! nor drum nor clarion sound; Helmet and hauberk gleam upon the ground; Horsemen and horse lie weltering in their gore; Patriots are dead, and heroes dare no more; While solemnly the moonlight shrouds the plain, And lights the lurid features of the slain .- Montgomery.
RKANSAS was not among the States that may be call- ed leaders in inaugurating the late war. It only pass- ed a secession ordinance May 6, 1861, nearly a month after hostilities had commenced, and Lincoln had issued his call for 75,000 ninety-day troops "to put down the rebellion." The re- luctance with which the State finally joined its sister States is manifested by the almost unanimous refusal of the State convention, which met in March, 1861-the day Lincoln was in- augurated-and nearly unanimously voted down secession and passed a series of conservative resolu- tions, looking to a national convention to settle in 5
some way the vexed question of slavery, and then voting a recess of the convention. When this re-assembled war was upon the country, and the ordinance of secession was passed, only, however, after full discussion, pro and con. There was but one vote against secession finally, and that was given by Isaac Murphy-afterward the military governor of Arkansas.
Local authorities received instructions to arm and equip forty regiments of State troops. The ruling minds of the State were averse to war, and resisted it until they were forced into the po- sition of siding with their neighbors or with the Union cause. In the South, as in the North, there were inconsiderate hot-heads, who simply wanted war for war's sake-full of false pretexts, but eager for war with or without a pretext. These extremists of each party were, unconsciously, per-
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HISTORY OF ARKANSAS.
haps, but in fact, the two blades of the pair of scissors, to cut asunder the ties of the Union of States. Slavery, possibly not directly the cause of the war, was the handiest pretext seized upon at the time, with such disastrous results. In the dis- pensations of heaven, had the fanatics of the North and the fire-eaters of the South been hung across the clothes-line, as a boy sometimes hangs cats, and left in holy peace to fight it out, what a bless- ing for mankind it would have been!
The history of the late war cannot yet be writ- ten. Its most profound effects are not yet evolved. The actual fighting ceased nearly a generation ago, and the cruel strife is spoken of as over. It is the effects that true history observes. The chronicler records the dates and statistics, and files these away for the future historian. It is highly prob- able that there is no similar period in history where the truth will be so distorted 'as by him who tells "the story of the war."
Anyone can begin to see that there are many things now that were unknown before the war. Great changes are still being worked out, and whether or not yet greater ones are to come, no one knows. The abolitionists thirty years ago hated the slave owners, -the slave holders loved slavery. The former thought to forever end slavery on this continent by liberating the slaves, and now the once alarmed slave owner has discovered that the great benefits of the abolition of slavery have been to the whites far more than to the blacks.
There is little idea of what the real historian one hundred years from now will be compelled to say of these "blessed times." He will most prob- ably smile in pity upon all this self-laudation and wild boast. If men could have known the effects to follow in all the important movements of peo- ples, it is highly probable there would have been no civil war. Those who "sectionally hated" may sleep quietly in their graves, because they died unconscious as to whether their supposed bloody revenge, driven hurtling at the enemy, was a bullet or a boomerang.
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