USA > Arkansas > The aftermath of the civil war, in Arkansas > Part 22
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11 Arkansas Digest of Statutes, Gantts, p. 736, Sec. 4053.
12 Arkansas Digest of Statutes, Gantts, p. 250, Sec. 707.
13 Pp. 97-112, inclusive.
14 See p. 198.
15 Pp. 298-302, inclusive.
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CHAPTER XIV
MY OCTOBER SPEECH
From the speech referred to, delivered by me on Oc- tober 15, 1869, and published in the Gazette, October 17, of that year, I give the following extract :
. The suffrage question is one that justly ex- cites the attention of all Republicans. In my opinion, there is but one way to dispose of it, and that is for the party which conquered the rebellion, the party which magnanimously forgave the enemies of the Government and restored to them every lost privilege,-with the ex- ception of the elective franchise, which has thus far been withheld from the leaders of the rebellion,-should now be prepared to take steps in a Constitutional way to re- store to them this lost privilege, and thus set at rest for- ever this vexed question. I hope you will bear in mind that, under the wise provisions of our Constitution, this cannot be hastily accomplished. If we should conclude to proceed now in that direction it would be years be- fore it could be consummated.
"The qualified electors, under the [State] Constitu- tion, must twice give their consent through their repre- sentatives, and once directly at the polls, before any amendment to the Constitution can become a part of the organic law. So, you see, the whole question will be finally in the hands of the people. Therefore, can any- one say that it is unsafe to move in this matter? I know
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that in announcing my views upon this question I am liable to be misunderstood by persons who jump at conclu- sions, and to be misrepresented by others who are actu- ated by selfish desires and unreasonable prejudices. To all such I say that time will show who are the true friends of the Republican party. It may be said that I have changed my views upon this question, but this is not so, for I have always maintained that disfranchisement was a temporary expedient, only to be resorted to while the necessity existed.
"Judge Wilshire will bear me out in this assertion, that when he and I made the first Republican canvass that was made in this State we both proclaimed and ad- vocated the necessity of disfranchisement, but only as a temporary means of establishing a loyal State Govern- ment, pledging ourselves to the people that so soon as the necessity ceased to exist we would use our influence in the Republican party to remove all disqualifications. I believe the time has come when we should make good our pledges, for a loyal Government has been estab- lished, and, notwithstanding the trials it has passed through, it has fully demonstrated its power to maintain itself. To-day its authority is respected throughout the length and breadth of the State. Peace, quiet, and se- curity reign everywhere. Should this state of affairs con- tinue, I shall recommend to the next general assembly a proposed amendment to the Constitution in relation to the elective franchise, which I trust will result in a perma- nent and lasting peace, and in the establishment of that cardinal principle of Republicanism that all men are equal before the law and endowed with the same rights, privi- leges, and immunities. . . "
This speech at first produced a great sensation in all political circles in Arkansas. Looking back through a
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vista of about forty-four years, I can now plainly sec that its delivery, though actuated by conciliatory consid- erations, was politically unavailing. It afterward became absolutely demonstrated that the ears of the Arkansas Democracy were completely sealed against any amelio- rating overtures upon my part. This, I think, will be very evident when the following extract from the Ga- zette, of October 9, 1868, is read:
"At best the most important duty we have now to perform is to secure good government and turn the money-changers out of the temple. Before that is ac- complished it is idle to attempt to foster the arts of peace. It is hence that matters pertaining to improvements and the development of the financial interests of our people have been accorded little space in our columns."
This shows very clearly that it was the Democratic policy to retard the progress of the Republican adminis- tration by every means within its power, and that all must remain in abeyance until the old régime could get into the saddle again.
The Democrats regarded the speech as a bid from me for their party support in the forthcoming Senatorial elec- tion. While it was utterly unavailing with them, it proved to be a fresh supply of ammunition to the administration dissenters, for as is true of all political parties ours con- tained the following classes: Those who, upon a false estimate of their greatness, become self-appointed leaders ; others who had been disappointed in their aspirations for positions they were not qualified to fill; and still others who were chronic faultfinders. These men had already been looking around for some other camp than mine in which to pitch their tents.
The faction that represented the most radical wing
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of the Republican party in Arkansas, with Joseph Brooks at its head, had shown evidences of discontent for some time. Now, through him as its leader, the amendment proposed by me was openly and vehemently attacked.
Although I plainly stated the process through which the amendment would have to pass and the time which must elapse before it could become effective, the Demo- cratic party fully expected that the probable turmoil in my own party, assisted by them, would grow so strong as to cause me,-like Senter, of Tennessee; Walker, of Virginia, and Gratz Brown, of Missouri,-finally to fall headlong into their arms.
The speech at first created much alarm among the Republicans, as they supposed it meant my election to and acceptance of a seat in the United States Senate, leaving Lieutenant-Governor Johnson as my successor. Having resolved that under no circumstances would I vacate the Executive Chair, if followed by such results, I freely gave my solemn assurances to that effect, which were generally accepted by my party friends.
Having given this assurance to my friend, General Catterson, which he rejected in terms that I considered a reflection upon my veracity, in a moment of unguarded passion I struck him. He did not return the blow and the moment after I left him I would have given a great deal to recall it, and I have always regretted it. Of course the result was that he joined my political enemies, and, as Marshal of the Eastern District of Arkansas, to say nothing of his great party reputation growing out of the Ku Klux War, the loss of his friendship was almost irreparable. I thank God that many years ago we re- sumed our friendly relations.
Although at first my speech gave the Democrats great satisfaction, afterward, when it was known that I had openly proclaimed that I would not accept the Senator-
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ship if it resulted in placing Lieutenant-Governor John- son in the Chair, they charged me with breach of faith, which was not true, as I had at no time, either by word or inference, given them to understand that I would pursue any other course than that proclaimed in my Oc- tober speech. Notwithstanding this false charge, when the Senatorial election occurred I received ninety-four votes,1 which included all but six of the Democratic mem- bers in both Houses. Doubtless they hoped that as the breach between the Brooks faction and myself grew wider the situation would lead me to accept the Senatorship.
In view of the difficulties of Registration,2 supple- mented by the promise made by me in my October speech, I sent to the Legislature on January 4, 1871, the follow- ing message :3
. . To so much of Article VIII as imposes po- litical disabilities upon a portion of that class of our citi- zens that participated in the late rebellion I hope no one will understand that I am disposed to doubt the wisdom of the Constitutional Convention in their action respecting the elective franchise. On the contrary, I regard it as having been absolutely demanded by the exigencies of the times, and necessary to the establishment and main- tenance of a State Government in harmony with the Gen- eral Government, against which the people of the State had lately exercised all their powers of resistance.
"In a healthy condition of the body politic, when all its members act in harmony, to apply disfranchisement for political purposes would be in violation of the prin- ciples of pure Republicanism. It was only the unhealthy condition that characterized it at the time our Consti- tution was framed that justified such otherwise harsh and extreme measures. The surgeon will not hesitate to ap- ply caustic to the most sensitive wound, if its unsound
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condition demands it; but to continue the application after the necessity ceases to exist will defeat the original intention and only tend to keep up an irritating and fes- tering sore.
"I have always regarded disfranchisement as tem- porary in its nature, and have anxiously looked forward to the day when a sounder and healthier condition would justify its removal. More than one year ago [in my October speech, 1869] I took occasion publicly to ex- press myself on this question. I then foreshadowed the course that I would pursue, provided the then peaceful and healthy condition of affairs in the State should con- tinue, and give evidences of permanency. The time that has intervened has only strengthened the convictions I then expressed, and I am now most happy to say that the present encouraging condition of affairs throughout the State in my opinion fully warrants me in carrying out the pledge I then made. I therefore invoke your careful and dispassionate consideration of this important question, and earnestly recommend that you take the necessary steps by proposing an amendment to the Con- stitution, whereby the people may finally determine whether or not these disfranchising measures shall con- tinue as they are, or cease to exist.
"Should you adopt this course, I earnestly hope and believe that you will take the initial step that will ulti- mately lead to permanent political tranquillity and to the restoration of those relations of comity and good feel- ing that should characterize citizens of the same common- wealth.
"I would also call your attention to the provisions of the Constitution by which the disabilities may be re- moved from many individuals by a two-thirds vote of the General Assembly, and I recommend that your honorable
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body take such action in all meritorious cases that may be brought before you."
The action of the Legislature in both Houses fully sustained my course-the vote in the Senate on the amend- ment being affirmative, 18 ; negative, 6;4 and in the House of Representatives, affirmative, 65 ; negative, 3.5 This amendment having passed through the successive stages required by the Constitution, and having been ratified by the people by a large majority, became what was known as Article VIII of the State Constitution. So, this Con- stitutional disfranchising provision, which originated with the Republicans, was by them repealed, a fact not gener- ally understood by the Arkansas Democracy.
FOOTNOTES FOR CHAPTER XIV
1 Arkansas House Journal, 1871, p 75. Arkansas Senate Jour- nal, 1871, p. 44.
2 Described in Chapter IV.
3 Arkansas House Journal, 1871, pp. 35-36.
4 Arkansas Senate Journal, 1871, pp. 83-84.
5 Arkansas House Journal, 1871, pp. 617-619.
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CHAPTER XV
THE IMPEACHMENT
On February 16, 1871, when neither I nor any of my friends had the least suspicion of what was coming, the following resolution was introduced by Representa- tive W. B. Padgett in the lower House of the Arkansas Legislature : 1
"Whereas, Powell Clayton, Governor of the State of Arkansas, has been guilty of malfeasance in office and high crimes and misdemeanors, in this :
"First. That he has conspired with the members of the Supreme Court of the State of Arkansas to ma- liciously and unlawfully deprive Lieutenant-Governor James M. Johnson of his said office of Lieutenant-Gov- ernor, to which he was duly and lawfully elected by the people of the State of Arkansas, and for which he quali- fied, according to the constitution and laws of said State.
"Second. That he has unlawfully removed an of- ficer of the county of Clark, in said State of Arkansas, to wit: N. H. Lock, county and probate judge of said county, from his said office, to which said office he, the said Lock, was duly and constitutionally elected by the people of said county.
"Third. That he directed, encouraged, and aided in frauds in the election of a Senator and three Repre- sentatives to the General Assembly, for the thirteenth district of the State of Arkansas, composed of the coun-
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ties of Hot Spring, Montgomery, Polk, and Scott, in said State of Arkansas.
"Fourth. That he has accepted pecuniary considera- tions for issuing bonds or obligations of the State of Arkansas to and in favor of the Memphis and Little Rock Railroad Company, in utter violation of law and disregard of his official duty as Governor of the State of Arkansas; also, he has accepted pecuniary considera- tions for issuing bonds or obligations of the State of Arkansas to and in favor of the Little Rock and Fort Smith Railroad Company, in utter violation of law and disregard of his official duty as Governor of the State of Arkansas.
"Fifth. That as Governor of the State of Arkansas he has issued bonds or obligations of said State to the Mississippi, Ouachita, and Red River Railroad Com- pany when said company was notoriously not entitled to the same under the act of the General Assembly of the State of Arkansas, approved July 21, 1868.
"Sixth. That he has been guilty of other miscon- duct and malfeasance in office and other high crimes and misdemeanors ; therefore moved,
"First. That the said Powell Clayton, Governor of the State of Arkansas, be, and he is hereby, impeached of misconduct and malfeasance in office, and high crimes and misdemeanors, and that the said Powell Clayton be. and is hereby, suspended from exercising the functions of Governor of the State of Arkansas, in conformity to and with the constitution thereof.
"Second. That D. J. Smith, of Columbia County : F. M. Thompson, of Columbia County; B. B. Battle, of Hempstead County; A. Mason, of Calhoun County ; E. A. Fulton, of Drew County; W. B. Padgett, of Inde- pendence County, and R. A. Howard, of Pulaski County, members of the House, be, and they are hereby, appointed
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managers on the part of the House of Representatives of the State of Arkansas to prepare articles of impeach- ment against the said Powell Clayton as Governor of the State of Arkansas, with full powers to examine wit- nesses and otherwise conduct the trial of the impeach- ment, in the name and on behalf of all the people of the State of Arkansas.
"Third. That said managers be instructed to go immediately to the Senate and at the bar thereof, in the name of the House of Representatives, and of all the people of the State of Arkansas, to announce the impeach- ment of Powell Clayton, Governor of the State of Ar- kansas, for misconduct and maladministration of his of- fice, as such Governor, and acquaint the Senate that the House of Representatives will, in due time, exhibit par- ticular articles of impeachment against him, and make good the same; and that the managers do demand that the Senate take order for the appearance of said Powell Clayton, to answer to said impeachment."
Under whip and spur the "previous question" was adopted, cutting off all debate, and the resolution was passed by a vote of 42 to 36.2 Thereupon a Board of Managers was appointed, with instructions to proceed to the bar of the Senate and inform that body of the action of the House in the premises.3
In the meantime believers in fair play were not idle, and the Senate, after an adjournment for lack of quorum from day to day, from February 17 to February 24, re- assembled on the 25th, when Senator Mallory presented rules for the government of the Senate when sitting as a Court of Impeachment, which were adopted by a vote of 18 to 6.4 These rules were for the purpose of securing to the accused a prompt trial.
The position taken by the Board of Managers and
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its ultimatum are set forth in its report to the House, of which the following is a copy : 5
"We, the committee, selected to conduct the impeach- ment of his Excellency, Powell Clayton, Governor of the State of Arkansas, report as follows :
"In obedience to the instructions of your honorable body, given to us on the 16th day of February, 1871, directing us to proceed to the bar of the Senate and in the name of the House of Representatives and of all the people of the State of Arkansas announce that the House had impeached Powell Clayton, as Governor of the State of Arkansas, of high crimes. and misdemeanors in office, and that we would in due time exhibit particular articles of impeachment against him and make good the same, we proceeded on three successive mornings immediately after said impeachment to the bar of the Senate, and were de- nied admittance or recognition. Finally, on the morning of the 20th day of February, 1871, we were recognized, and announced at the bar of the Senate the impeachment aforesaid, pursuant to said instructions. After this an- nouncement His Excellency was notified of his impeach- ment by the proper officer, as we are informed and be- lieve, and within the time prescribed by law. We, there- fore, contend and insist that all necessary notice of said impeachment hath been given and that we have thus far faithfully discharged our duties.
"Since and immediately after the impeachment afore- said a majority of the Senators of this General Assembly have wilfully absented themselves from their places in the Senate for several successive days, without leave or sufficient excuse, with the intention, as we believe, of de- feating or retarding the action of this House in the im- peachment of His Excellency. Since the return of said absent Senators the Senate has adopted rules to govern
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them, when sitting as a court of impeachment, by which this committee would be prohibited in a trial of impeach- ment from arguing any preliminary or interlocutory ques- tion or motion, arising or made in the progress of said trial, exceeding ten minutes, unless the Senate should otherwise direct, and by which more than two of your committee would be prohibited from making a final ar- gument on the merits, and occupying more than thirty minutes to each person so allowed to argue, unless the Senate, by order, should extend the time.
"We, therefore, conclude :
"First. That no fair trial of impeachment of the said Powell Clayton can or will be had before the Senate under their said rules.
"Second. That any trial of impeachment of the said Powell Clayton before said Senate under said rules will be a farce.
"We, therefore, respond to the resolution adopted by this House requiring your committee to again appear at the bar of the Senate and announce the impeachment of Powell Clayton, Governor of the State of Arkansas, by saying that we are willing to again announce said im- peachment at the bar of the Senate on the following condi- tions, to wit :
"First. That we shall be assured that any articles of impeachment preferred against the said Powell Clayton, as Governor of the State of Arkansas, will not be con- sidered invalid, set at naught, or dismissed by the Senate. because notice was or has not been given to them within the time required by law.
"Second. That the Senate will give your committee at least twenty days in which to prepare particular arti- cles of impeachment against the said Powell Clayton and at least thirty days from second announcement or notice of said impeachment in which to produce the evidence to
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sustain the same, and all continuances necessary to ob- tain important testimony failed to be obtained after the use of reasonable diligence to obtain the same.
"Third. That the Senate repeal rules twenty and twenty-one of the rules adopted by them for their gov- ernment in impeachment trials and grant to us an un- limited right of argument and debate of all questions and issues of law, fact, and evidence arising in the progress of the trial of impeachment of said Powell Clayton, as Governor of the State of Arkansas.
"And that unless said conditions are granted we are unwilling to act as a committee selected as aforesaid, and respectfully ask that we be discharged as such com- mittee and that others be appointed in our stead, who may be or are willing to act as such committee. In mak- ing this request we recognize the right of this House to instruct, at all times, its committees."
The facts were that on the three successive mornings mentioned in the report they proceeded to the Senate Chamber and found that body not in session by reason of the lack of quorum before mentioned. The validity of the presentation made on the 25th of February, 1871, no one questioned.
The last two sections of their report clearly show that their demands were based upon the idea of pro- tracted delays to furnish time for the conspirators to carry into effect their purposes. The House, doubtless, saw through their thinly veiled pretext, and promptly excused them from further service, and appointed a new Board, composed of C. B. Neal, Charles Minor, and Joseph A. Meek,-all Democrats.6
This new Board of Managers entered at once upon the discharge of their duties. After having exhausted all their efforts to obtain sufficient evidence upon which to
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base particular articles of impeachment, they so reported to the House on March 4, 1871. The following is a copy of said report, which, with the resolution therein sub- mitted, was adopted by a vote of 49 to 18:7
"Mr. Speaker: The committee appointed by this honorable House as a board of managers to prepare particular articles of impeachment against His Excellency, Powell Clayton, Governor of the State of Arkansas, and to exhibit and make good the same, did, in obedience to the order of this House, immediately proceed to the bar of the Senate and did there give notice that they would in due time exhibit particular articles of impeachment against said Powell Clayton, Governor of the State of Arkansas; and the committee have made every effort within their power to obtain information to enable them to prepare such articles of impeachment for the considera- tion of this House.
"The Committee addressed to the honorable board of managers heretofore appointed by this House in this behalf a letter, and delivered the same to the honorable chairman of said board the day it bears date, a copy of which letter is hereto annexed, respectfully requesting said board of managers to furnish this committee with the testimony, the names of all witnesses on behalf of the State in the case of impeachment against His Ex- cellency, Powell Clayton, together with the residences of said witnesses, and the committee have not as yet re- ceived the desired information.
"The committee, as a board of managers, have used their utmost diligence to learn such facts as the com- mittee are of the opinion must be learned in order to exhibit particular articles of impeachment against His Excellency, the Governor, with a dignity becoming this honorable House; and have carefully sought informa-
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tion of parties who the committee had reason to believe were in possession of or conversant with the facts and evidence necessary to conduct the trial of his impeach- ment successfully, and have failed in their efforts.
"The committee have also examined with care the records of the office of the honorable, the Secretary of State, which have a bearing on the issuing of State bonds to the Mississippi, Ouachita, and Red River Railroad Company, in connection with the acts of the General Assembly of the State of Arkansas, with reference to issuing State bonds to railroads, and are of the opinion that there is not sufficient evidence to convict His Ex- cellency of misdemeanor in office.
"The committee, having made these unsuccessful ef- forts to procure the necessary evidence or information, have to report that they have failed to obtain any facts as data that would warrant them in attempting to pre- pare particular articles of impeachment against His Ex- cellency, Governor Powell Clayton.
"When these grave questions were presented to this House, some fifteen days ago, this House was assured that there was ample testimony at hand to sustain the charges therein set forth, which could be obtained at any time, and would be furnished on application, with a full and complete statement of facts that could be proven on trial, which would have enabled the committee to pre- pare particular articles of impeachment upon such state- ments.
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