USA > Arkansas > Biographical and pictorial history of Arkansas. Vol I > Part 6
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Frederick Rector Conway, the third son, is a historic land- mark in Missouri and Illinois. He was long recorder of French
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and Spanish claims at St. Louis, and was also commissioner to examine and report to congress on the nature, and validity of these claims, and was afterward long surveyor-general of Mis- souri and Illinois.
John Rector Conway, the fourth son, was a very eminent physician. Under President Tyler he was commissioner, and as such run and established the boundary line between Texas and the United States. He died in San Francisco in 1868. Thomas Conway, his son, was a member of Walker's fillibuster expedition to Central America. He killed his rival in a duel before leaving the tropics.
William Conway, B., the fifth son, was born, as near as the author can approximate in 1806, in the old homestead on Chucky river, East Tennessee. He was thoroughly educated at Bardstown, Ky., that celebrated institution of learning where 80 many distinguished men in the south and west were educated. He read law with the celebrated John J. Crittenden, and com- menced the practice at Elizabethtown, Ky. He had a cousin of the same name living in the same town, which occasioned some inconvenience in receipt of their mail, and to obviate this he added the B. to his name. He moved to Arkansas about 1840, and in 1844 was elected judge of the third circuit. In December, 1846, he was elected associate justice of the supreme court. He died December 29, 1852, and is buried by the side of his noble mother in Mt. Holly ceme- tery, Little Rock. He was a man of moderate abilities, but possessed of sterling and uncompromising integrity, which after all, is the strongest pillar of state.
The sixth son, Thomas A., died in his twenty-second year, in Missouri.
Governor Elias Nelson Conway, the youngest son, was born May 17, 1812, at the family mansion in Tennessee. His mid- dle name is for a near relation on the mother's side -Judge Nelson of Maryland, an eminent jurist.
We have stated he was well educated, particularly in the mathematical branches. No man fills a greater chapter in the history of Arkansas than he does, and none are deserving of more honorable mention in a field where so many stars shine.
On the 20th of October, 1833, there were sad, thoughtful and
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prayerful hearts at the old homestead in Boone county, Mo. Ann Conway, the mother, carefully arranged and stored away in a pair of leather saddle-bags her boy's wardrobe, as she was making her last preparation for the advent of her youngest son in the great and uncertain battle and vicissitudes of life. Her thoughts ascended to heaven on the wings of a mother's prayer for God's guidance and providence over the fortunes of her last-born. A tear crept out from the windows of the soul to gem that troubled, yet radiant face. If there is a place for sainted purity on this earth, where sin dare not enter, it is in the sacred shrine of a mother's heart.
Whilst these preparations were going on within, without the old servant hostler was rigging the best horse on the farm for his young master under the careful supervision of the lord of the manor, and all the servants on the farm gathered in the mansion and beneath the grove surrounding it, to bid farewell to the boy who had been raised with them. He held a loving, tender place in their heart too, and they came with the rich and sacred tribute of a tear to the family shrine, as its altars were being broken up forever in submission to the vicissitudes of a troubled life.
The Roman heart of the father struggled against the tide of the affections, but he broke down under their onward rush through the soul.
When the young sojourner in the wilderness mounted, the old servant started off to open the woodlawn gate in the dis- tance, but the aged sire waved him back and performed this last office himself. That was the last time father and son ever met.
Since then "the years have come, and the years have gone," and more than fifty have been gathered in the cycle of time, yet there is no picture in the gallery of creation so vivid as this in the mind of the grand old man who was then a boy.
When he gave this picture to the author, his heart seemed to wrestle with time to reconquer and regain all its impressive elasticity and vigorous felicity of youth. His countenance put on a soft, subdued, melancholy expression, as though the brightest gem in the garner of a long and useful life was hid aw. y back in the years forever gone.
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When I listened to his sweet and simple, yet sublime pathos, in this rendition of the world's history in miniature, and gazed in that tear-glistening eye and on that lofty forehead, once the throne of unclouded reason, I felt that God was there in the execution of unfathomable design and exalted majesty and pity for His children.
"The years live, and the years die, And all they touch they sadden."
Governor Conway arrived at Little Rock in November, 1833, and immediately entered into a large contract to survey public lands in the north-west part of the territory, embracing Boone and Washington counties. This kept him constantly in the field eighteen months.
His close application and fine business qualifications soon became manifest, and in July, 1835, he was appointed auditor, and held the position fourteen years.
The donation land laws of the State and the homestead laws of the United States originated with him during his enlightened administration of the auditor's office ; but Andrew Johnson, that greatest of national humbugs, introduced the homestead bill in congress, and has claimed and has been accorded the entire credit of originating the national homestead law. The historic facts and circumstances ultimating in these laws are briefly as follows :
The Federal government at a very early period adopted the policy of issuing military bounty land warrants to soldiers. Arkansas in process of time became a bounty land district, and a great number of these land warrants were located on the public lands in the State.
At one time the practice of locating these warrants by lottery prevailed. But few of the beneficiaries ever located or lived on the lands ; their patents were, in a great number of instances, sold' like a piece of cloth, by delivery without any written in- dorsement or transfer. The lands were assessed for taxes, but the soldier who had sold paid no further attention to it, and the holders of the patent parchment in process of time found they had nothing but an equity, which would cost as much to pert. et as the lands were worth, and they quit looking after
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them or paying taxes on them. In this way a vast body of lands were forfeited to the State for non-payment of taxes, and the State could not dispose of them for the back taxes, because the arrearage often amounted to more than the lands were worth.
To prevent this waste of revenue and to encourage actual settlers, Governor Conway, in 1840, addressed the legislature in an ably-prepared communication, advising the donation of these lands to actual settlers. This letter was copied by the press in every State in the Union, and the wisdom of the finan- cial policy foreshadowed was commended in high places. The State adopted the idea in December, 1840, as its permanent policy.
Andrew Johnson appropriated the idea, and in 1842, if I am not mistaken, it became a part of our national polity. The democratic convention in 1844, with but three dissenting votes, nominated Governor Conway for governor, and these three asked leave to change their votes to the affirmative. He did not seek, did not want and declined the nomination so flatter- ingly tendered him, because of obligations he could not then neglect. The leaders then came to him and asked him to indi- cate his choice, or at least a suitable person for the office, and he advised the nomination of Thomas S. Drew, a farmer hitherto unknown in the politics of the State, and he was accordingly nominated and elected.
In 1852, and again in 1856, he was nominated by the demo- cratic party and elected governor and served the people faith- fully in that capacity eight years, a longer period than any other governor has ever served. Under the constitution of 1836 four years was the term of office.
One of the leading features of his first administration was his successful contest with the powerful political organization which had grown up under the more than questionable influences growing out of the corrupt management of the old Real Estate Bank. The directors of this institution had loaned about $3,000,000 to creditors throughout the State, secured by mort- gage on their landed property. These creditors were afraid to oppose the bank party for fear of encountering the destructive engine of foreclosure.
. . ... ...
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Governor Conway says the Gazette was bought by, and edited in the interest of the bank party. The anti-bank party, two years before his accession to office, established the True Demo- crat, and put that sterling and fearless old champion, Richard II. Johnson, at the editorial helm. Mr. Johnson was an able and powerful writer, and his editorials fell on the opposition like thunderbolts. The baneful influences of the bank made it an enemy to the best interests of the people.
The Conway party waged a relentless war of extinction against the bank and the evils growing out of it.
The Pulaski chancery court originated in this fierce political war.
W. H. Field was then judge of the capital circuit, and before him was then (1854) pending a suit against the bank, which, if successfully prosecuted, would result in extinguishing it. Field was an upright judge but was averse to the bitter strife involvea in the contest, and resigned to escape criti- cism.
John J. Clendenin was elected by the people as the succes- sor of Judge Field, but was a stockholder in the bank and dis- qualified to sit in the case. Governor Conway says these things were not mere coincidences, but were brought about by direct desigr of the bank party to foil and checkmate him in his efforts to crush the bank.
'These impediments to the progress of the suit suggested the idea of an independent jurisdiction, and resulted in the creation of the chancery court, and the transfer of the suit against the bank to that court. . Governor Conway says he drew the act creating the court, and to prevent vexation and delay in the selection of a judge, the act. conferred the power of appoint- ment on the governor.
Governor Conway was generally regarded as a strong partisan, but in this instance he appointed a whig of conservative ten- dencies to the office of chancellor because he wanted a man of ability, removed as far as possible from party ties and affilia- tions either with or against the partisans of the bank, and he appointed the distinguished Hulbert F. Fairchild of Batesville, and finally took the bull by the horns and throttled the bank, and cashed its monster abuses. 8
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Judge Fairchild appointed his whig friend Charles Fenton Mercer Noland receiver for the bank, but soon removed him for causes stated, as the author understood them, in the life of Noland ; but the governor denies most earnestly the statement, that he demanded or influenced the removal of Noland. And he is entitled to the benefit of his candid disavowal, because he is a man of great integrity and purity of character.
In a recent interview with the author on this subject he said : "Soon after Noland's appointment to the high non-par- tisan trust of receiver for the bank he was seduced into a very hostile attitude to my administration by being placed at the head of the editorial staff on the Gazette, the partisan organ of the friends of the bank, and that this action of filiation meant as its price and reward obstacles to the progress of the suit against the bank, formidable in their character as long as he was receiver.
"That, as receiver, Noland had charge of all the assets and the records of the bank, and that it was impossible to successfully advance with the suit when its enemies had charge of all the magazines of war - that the records of the bank contained a vast volume of evidence against it which could not easily be reached whilst in the hands of a pronounced friend to the bank interest."
Governor Conway further said : "Noland's hostility to the suit was not even artfully concealed, either in his editorials or reports to the chancellor and governor; and that Chancellor Fairchild removed him on his own motion."
It is said Judge Hubbard, a whig, and the step-father of Governor Garland, said Judge Fairchild did right in removing Noland, who was appointed receiver to execute, and not to de- feat, the law.
Under his administration the railroad system of the State had its origin and was favored and promoted by him. The Cairo and Fulton Railroad Company was organized in 1853, and in 1854-5 obtained a large congressional land grant in aid of the enterprise.
His long connection with the State government familiarized him with its interests in every detail. Ile practiced and en- joined rigid economy in the administration of the government,
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and when his official career closed the treasury had $420,000 in its vaults. He was "the bull-dog of the exchequer."
Governor Conway belongs to the ancient guild of honorable bachelors; he said to the author, " there will be no widow to mourn for Conway when I pass out of the world; I do not want my demise to distress the friends I leave behind."
He never made any pretensions to public speaking, never canvassed the State, and never asked an elector to support him ; he said, " my life is not a sealed book ; it is open and known to the people, and if they want me to serve them they will make it known without importunity or solicitation." His life has been characterized by unquestioned integrity, great good, practical sense, and great tenacity of purpose.
He now lives in great seclusion, and has occupied the same cottage more than forty-five years. The reception-room in this ancient cottage is a historic gallery of family paintings, of great interest to lovers of history. There we see the beneficent and beautiful face of Ann Conway, the noble mother of so many dis- tinguished sons. To her right hangs a splendid painting of Governor James S. Conway, to her left, another painting by one of the masters preserving the noble features of Governor Elias N. Conway, and farther to the left and front, there smiles on the great mother the noble features of another distinguished son, Henry W. Conway, and directly in front, on the opposite wall, another great face beams and smiles as in life, on his mother, Dr. John Rector Conway.
The husband and father and two more distinguished sons are not represented in this gallery, but their names are linked in a spotless fame, and to-day constitute one of the brightest his- toric gems in the heritage of the State.
ANDREW SCOTT - SCOTIA, POPE COUNTY.
About 1760, tradition says: An emigrant ship weighed anchor and hoisted sail at Solway, Scotland, bound for the English colonies in North America. On the deck of that ship as she responded to the gale that filled her sails and rode the deep " like a thing of life," stood William Scott and wife with tear-filled eyes and choking hearts as they cast one long last lingering glance at the loved mountains of Scotland, that
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seemed to be sinking into the sea and fading forever from the familiar sight of the emigrants. They had several children with them and were candidates for favor and fortune in the new world where toil is better rewarded than in either the high or low lands of Scotland.
No true Scot ever bade farewell to Scotland without the generous tribute of a tear.
" What woes wring my heart while intensely surveying The storm's glowing path on the breast of the waves;
Ye foam crested billows allow me to wail,
Ere ye toss me afar from my loved native shore."
A sense of loneliness and oppression filled their minds, and burdened their hearts with forebodings they could not shake off, which were, alas ! too real and true.
They died in mid-ocean, their bodies were wrapped in a winding sheet and committed to the Atlantic in the presence of their weeping children, who were left penniless orphans on the wave. The children were brought to New York and put on shore, without a known friend on this side of the Atlantic. The public authorities took charge of and apprenticed them to masters.
At the expiration of his apprenticeship Andrew settled in Virginia, married Miss Elizabeth Ferguson of Maryland, and on the 6th of August, 1788, was born unto them at his home- stead in Virginia a son whom he named Andrew, after himself.
In 1808 the elder Scott with wife and children settled at St. Genevieve on the Mississippi river in the then territory of Louisiana, afterward (1812) territory of Missouri.
The two brothers, John and Andrew Scott, inherited good intellects from their parents, attended the common schools of that old French village and there laid the foundations of their future career and usefulness.
Each of these brothers married daughters of the celebrated John Rice Jones, one of the judges of the superior court of Missouri, an extensive speculator in Spanish grants; he moved to Texas, participated in her revolution and was the first postmaster-general of the Republic of Texas. Judge Jones was the father of the celebrated George W. Jones, delegate in
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congress from the territory of Michigan in 1835, elected one of the first United States senators from Iowa in 1849, and re-elected in 1853, serving until 1859, when he was sent as minister to Bogota, by President Buchanan; he also held many other Federal offices.
The author was acquainted with George W. Jones, and has frequently heard him relate the exciting canvass attending his first election to the senate. For some time the issue was grave and doubtful, and after many fruitless ballots by the legislature, he determined to subordinate, if possible, another factor; he was a very fine performer on the violin. He provided a supply of the best vintage, borrowed the best violin to be had, and invited all the members of the legislature to a musical soiree. All were astonished at the versatility of his talent, and the munificence of his generosity. The wine flowed and the festival advanced, and he was encored many times and sustained the draft on his musical genius heroically until three in the morn- ing. When the ballot was taken at noon he was elected to the United States senate by a handsome majority.
John Scott, the brother of Andrew, was a fearless and bril- liant man. My knowledge of him is derived from the late John F. Darby, who settled in Missouri in territorial times, and from the Hon. George W. Jones. He was a delegate to congress from the territory of Missouri, and after her admis- sion in 1821 was thrice elected to congress.
In March, 1819, the territory of Arkansas was created by act of congress, and the president by provision in the organic act was authorized to appoint three judges of the superior court, who, together with the governor, were vested with legislative functions and authorized to enact laws until the legislative ma- chinery of the new territory could be organized and put in mo- tion. President Monroe appointed as judges of the superior court, Andrew Scott, Charles Jouett and Robert P. Letcher. These judges and Robert Crittenden, acting governor, as a legis- lative body convened at the capital (Arkansas Post), on the 3d of August, 1819, and promulgated six statutes mentioned in the historical sketch in the first part of this volume, and ad- journed the same day.
Judge Scott was a man of marked and very decided indi-
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viduality ; seen once, he never faded from the observer's mem- ory. He was small in stature, of blonde complexion, with cold, gray, piercing eye, and long hair resting on his shoulders, sharp features and aquiline nose. His temperament was nervous and volcanic, tinged with vanity and hauteur which clouded his life and history. His abilities were acknowledged by all. The impetuosity of his nature was to some extent the result of rough frontier influences which had attended him the greater portion of his life, without that restraining influence necessary to soften and modify such a character.
In 1821, Joseph Selden succeeded the brilliant Robert P. Letcher of Kentucky as one of the associate judges of the su- perior court of the territory. Early in May, 1824, he joined Judge Scott in a social game of cards with two ladies in Little Rock ; during the progress of the game Judge Selden made some remark to one of the ladies, to which Judge Scott took umbrage and demanded an apology in imperious terms, which was refused.
A challenge to mortal combat was accepted by Judge Selden, who designated an island in the Mississippi river near Helena as the place and pistols as the weapons, at ten paces. That polished scholar, writer and jurist, James Woodson Bates, brother to Attorney-General Bates of President Lincoln's cabinet, acted as the friend and second of Judge Selden, and Hon. Nimrod Menifee acted as the friend, second and surgeon for Judge Scott. At the first fire Judge Selden fell mortally wounded - a strange, unhappy and unfortunate occurrence ; unhappy for the principal actors, and still more unfortunate for the fame of Arkansas. Two judges of the highest tribunal in the jurisdiction, sworn conservators of the peace, setting law at defiance. Dr. Menifee was subsequently killed in a desper- ate encounter in Conway county, by - Phillips, and Phillips afterward died from the effects of a wound received in the same combat.
In 1829 General Edward Hogan, then an ex-officer of the United States army, and Judge Scott were rival candidates . for a seat in the territorial legislature from Pulaski county, General Hogan having been elected in 1827. For some reason, of political origin, bad feelings existed between the two hot-
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headed, imperious rivals, and when they met General Hogan a man of powerful physique, knocked Judge Scott down. The latter rose with sword drawn from his cane and thrust it several times through the body of his rival, and he expired in a few moments. Before life ebbed away he snatched the sword from Judge Scott and made one tremendous thrust at him, the sword passing through Judge Scott's cravat. Soon after this Judge Scott moved to Pope county and settled on the Arkansas river at a place to which he gave the name of Scotia, and there lived- retired from public life until his death in March, 1859.
The Hon. John R. Homer Scott, of Russelville, his honored son, has erected a handsome marble shaft at Russelville, which commemorates the memory of both mother and father. The author regrets his inability to produce and perpetuate the por- trait of this historic character ; more so because he has learned, from extrinsic sources, that a painting of Judge Scott by one of the masters is in existence.
NOTE.
[The following sketches of Robert Crittenden, Samuel Hall, John Taylor, the superior court, including judges Benjamin Johnson and Thomas J. Lacy, Edward Cross, David Walker, William Cummins, James W. Bates, Archibald Yell, Ter- rence Farrelly and Francis Hubbard, in the order named, were written by General Albert Pike, at the request of the author, for this work. Such an accomplished author needs no introduction to the American reader.].
PREFATORY.
What one may now be able to say with knowledge of the men who lived fifty years ago in Arkansas cannot be expected to be of interest to most of those who live in Arkansas to-day. The new Arkansas is not the same Arkansas as the old one, but another. There has been a conquest of the State, peace- ful, indeed, by detachments of a great invading army of men from other States and lands - peaceful, but none the less as much a conquest as those of England by the Saxons and the Danes were, which almost obliterated from the memories of the Britons the names of their old heroes.
It is for this that I have been reluctant to write down what I remember of those men whom I knew fifty-five years ago, or
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soon after, and whom I then esteemed worthy, or came to es- teem so afterward, when the animosities and dislikes engen- dered by political differences had died out. There are so few now of the descendants of these men left, to whom such remi- niscences can be grateful ! There are so few now to whom it is of any importance or interest that the men of that remote day lived at all !
One with difficulty brings himself to write of any thing, knowing that what he writes will be read with indifference or impatience, and, to the larger part of those now living in Arkan- sas, the names that I should have to mention will be as strange and unregarded as those upon the monuments of Assyria and Chaldæa. "The life of the dead," said Cicero, "is in the mem- ory of the living ;" and, if this be true, it is not in my power to bring to that life again those whom I knew in the early days.
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