USA > Arkansas > The aftermath of the civil war, in Arkansas > Part 24
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"I desire to tell you only one or two facts in regard to his conduct. Some years ago there was a gentleman, Governor of the State of Pennsylvania, who was not par- ticularly my friend, and if I were to mention his name you would think he never was my friend, and I ought not to defend him here. But he had, among other good quali- ties, the quality of hospitality. One evening a person came into his house without any invitation, and made him- self exceedingly agreeable to everybody there, on the occasion of a party of ladies and gentlemen. He made himself so agreeable that he attracted everybody's atten- tion. After a while, about the time he ought to have gone away, he suddenly became very sick and asked the hospitality of the governor's family to remain there all night. He remained all night. The next morning he was still sick, and he remained sick for four or five days. In the meanwhile he stole the affections of the governor's daughter, and he stole out one evening and got the justice of the peace to marry them. Of course the governor, and especially his excellent wife, were terribly shocked that a person of that kind should become a member of their
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family ; but on his return, immediately after the perform- ance of the ceremony, he was driven out of the house. The Legislature met directly afterward. So much wounded in his feelings was the governor that he went to Cuba and remained there until the Legislature divorced them, and this young man went out into the world again. After a while I heard of him in Philadelphia, and he com- mitted about the same sort of an act in Philadelphia, in the house of a friend of mine.
"I therefore desire to say now, as I cannot be here to-morrow, that I should place no more reliance upon the word of that man than I would upon the word of a man who had been a hundred years. in the penitentiary, for I think the fellow ought to be there at least half of that time." 20
Senator Scott, Senator Dorsey and others also testi- fied as to his utter unreliability and declared that his testi- mony should be entirely disregarded.
The session of Congress adjourned on the 3d of March, two days after the minority report was made, so no final action could be had, but on the closing day Mr. Wright, Chairman of the Committee, gave notice that he would call up the report at the earliest possible moment at the next session of the Senate and press for immediate action.
A special session of the Senate convened on the fol- lowing day, the 4th, and on the IIth of March, in ac- cordance with the notice given by Mr. Wright, he again offered the resolution that the charges were not sustained and that the committee be discharged. However, action was postponed from day to day, at the instance of the minority, until on the 25th day of March, 1873, the re- port and resolution went to vote and was adopted, 33 voting in the affirmative and 6 in the negative.21
So, while my political enemies succeeded in placing me
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in this defensive position during one year of my Senatorial services, their malign purposes were finally and completely frustrated by this action of the United States Senate.
R. F. Catterson, United States Marshal, and W. G. Whipple, United States District Attorney, had been re- moved from their respective positions by the President; Catterson for alleged participation in the election frauds in Pulaski County in 1870,-frauds that I have described, -and Whipple for undue partisanship. B. F. Rice, a United States Senator from Arkansas, was supporting these two officers and using all his influence to have them reinstated.
He had so poisoned the minds of the Republican Sena- tors in Congress,-with tales of how I was forming al- liances with the Democrats and selling out the Republican party in Arkansas, and of how the removal of these two federal officers was made because of their connection with the indictment brought against me,-that when I took my seat in the Senate I was accorded a very cool reception.
If it had not been for this antagonistic atmosphere, created by the misrepresentations of Senator Rice, I would probably have contested in the Senate the reference of testimony taken before the Ku Klux Committee to the United States Senate. As it was, I decided to ask for the investigation that my enemies were so anxious to have made.
I had recommended the appointment of Isaac Mills and S. R. Harrington to succeed to the respective posi- tions formerly held by Catterson and Whipple. Rice used every means at his command to induce the President to withdraw these nominations and reinstate Catterson and Whipple, but without success. However, the Senate supported Rice by holding up their confirmation.
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When Rice found that he could not fully control these Presidential appointments he called a meeting of the State Central Committee of Arkansas,22 of which he was Chairman, and went down to Arkansas to get the full support of that organization to further his plans and purposes. When the committee assembled he used every means to gain the co-operation of a majority of that body. He resorted to subterfuge to keep one member who was known to be my friend from attending the meeting, and he voted a proxy that had been given to him and after- ward withdrawn 23 when it became known what he was trying to do.
Notwithstanding all the questionable methods he used to carry the committee, he found that he was in the mi- nority and the Chairmanship of the State Central Com- mittee was wrested from him and given to me.
This placed him and his followers in a desperate situ- ation and resulted in the organization of the Liberal Re- publican party in Arkansas. Rice, as chairman, issued a call for a State Convention, which met and elected dele- gates to the Liberal Republican National Convention. to be held in Cincinnati in May, 1872, where they supported the Greeley and Brown Presidential ticket.
Some time later the Democratic party in Arkansas held its State Convention and adopted, as their own, the platform and ticket headed by Joseph Brooks, of the Liberal Republican Convention held at Little Rock. and also the platform of the Liberal Republican National Convention held at Cincinnati. The delegates selected by them to attend the Democratic National Convention were instructed to give their support to the Greeley and Brown ticket.24
When that convention met in Baltimore on July 9, 1872, it decided in favor of the Greeley and Brown ticket and combined its strength with that of the Liberal Re-
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publican National Convention for its success. Thus the combination was both State and National.
B. F. Rice attended the Convention held in Cincinnati, and when that fact became known it was a revelation to the President and the United States Senate of his real sentiments. They realized then that if the Republican party in Arkansas were sold out, I would not be the one responsible for it.
The confirmation of the federal officers, which had been held up so long, was immediately made.
This exposure of Rice's motives had the effect of making me solid with the Administration and with the Republican United States Senators, and put me in com- plete control of the situation at home. I was made the referee for Arkansas for all federal appointments in every department of the Government.
I headed a full delegation to the Republican National Convention, held in Philadelphia in June, 1872, where we gave our undivided support to the Grant and Wilson Presidential ticket, and where I was made the Republican National Committeeman from Arkansas, which position I held continuously, with the exception of about two years, until and including 1912, when I voluntarily resigned.
The following is a copy of the resolution passed by the Republican National Committee, on the acceptance of my resignation :
"RESOLVED: That it is with sincere and profound regret that we accept the resignation of General Powell Clayton, who, for a period of forty years, represented the State of Arkansas upon this Committee, except for a brief interim of two years. For many years he was the Senior, or Dean, of the Committee. His State organiza- tion would have retained him on the Committee to the end
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of his days, but declining health and extreme feebleness demanded his voluntary retirement.
"RESOLVED: That the good wishes of the Com- mittee be extended him, as also their high appreciation for his long, honorable, and patriotic services as one of its members.
"RESOLVED: That these resolutions be made a part of the record, and a copy mailed to the General at his present address by the Secretary."
This resolution was adopted by a unanimous, stand- ing vote of the Committee.
OVERTHROW OF THE REPUBLICAN PARTY IN ARKANSAS
The long-drawn-out Senatorial Investigation, during which any enemy was at liberty to come in and discharge his rusty weapon at me and my friends, had occupied so much of my time in Washington that I had, to a certain extent, neglected political affairs at home, where condi- tions were such as now seriously to threaten the overthrow of the Republican party as the governmental force in Arkansas.
Under the most favorable circumstances, with the party united, our majority of the registered voters had always been small. Upon the formation of the Liberal Republican party and their nomination of a State ticket our forces became largely divided. Their nominee for Governor was Joseph Brooks, and upon their alliance with the Democrats, heretofore described, he became the representative of both parties.
Shortly after Mr. Brooks was selected the regular Republican party held its State Convention for the pur- pose of naming a State ticket, and Judge Baxter was nomi- nated for Governor. This selection was largely a matter
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of expediency, as Judge Baxter was an old resident of the State and had been a slaveholder. Mr. Brooks had been previously very unpopular with the Democratic party; in fact, with the exception of myself, he perhaps was with them the most unpopular man in the whole State.
It was hoped by the regular Republicans that this fact would cause a number of the Democrats to support Judge Baxter. We believed that although he was a candidate on the Republican ticket he would be more acceptable to them than Mr. Brooks.
Judge Baxter was not a man of strong or decided character, as will be shown from the fact that when the war broke out he conceived the idea of remaining neutral while the great Civil War was fought out around him. This resulted in his being confined in the penitentiary by the Confederates, where he remained until he was liber- ated by the Commanding General of the Federal Army. It was then that he became allied with the Republican cause. When I became Governor I made him Judge of the Third Judicial District of the State.
Not long after Judge Baxter's nomination, while he and I were campaigning together, I discovered duplicity in his dealings. We traveled from day to day in the same buggy and stopped at the same hotels. He worked with me during the day and at night he was having secret con- ferences with the Democrats, and was making pledges to them which he had no authority to make for the Republi- can party.
It then dawned on me that we had made a bad politi- cal deal. If we did not elect Judge Baxter, we were de- feated; and if we did elect him, we were also defeated, which in the end proved true.
When the election took place in November, 1872, Judge Baxter was declared elected, and he was inaugu- rated on January 6, 1873. Mr. Brooks contested the
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election before the Legislature, which decided against him. Proceedings were then instituted by him in the Supreme Court by quo warranto, but that body decided it had not the power to try the case.
On June 16, 1873, he brought suit in the Pulaski Cir- cuit Court, claiming the office of Governor, and the case was carried over until the following April, nearly one year, during which time Governor Baxter was in full con- trol of the Governorship.
On April 15, 1874, the case was called, and Judge Whytock entered a final judgment, declaring that Brooks was entitled to the office of Governor and that Baxter should be ousted. Mr. Brooks procured a copy of the judgment and went directly to the Governor's office. He ejected Governor Baxter and took possession.
Governor Baxter immediately took refuge in the Headquarters of the Democratic party and set up an es- tablishment there, and thereafter he was the complete and subservient tool of that party.
When this news flashed through the State it was the signal for one of the most disgraceful happenings that ever took place in American politics. Each party now espoused the cause of the candidate of the opposition, and the whole situation was completely reversed. The ma- jority of the Republicans deserted Governor Baxter and went to the support of Mr. Brooks, and Mr. Brooks' original supporters now championed the cause of Gov- ernor Baxter.
Upon the call of the two candidates, armed men rep- resenting both sides of the contest flocked to the capital, and a conflict was avoided only by the intervention of United States troops. The situation was telegraphed to Houses of the Arkansas Legislature, President Grant, on Washington, and in response to an appeal from both
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---
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May 15, 1874, issued a proclamation declaring in Gov- ernor Baxter's favor. 25
This "war" was made the subject of an investigation by a United States House Committee, known as the Po- land Committee, and a large mass of false testimony was given against me. As Chairman of the State Central Committee I felt called upon to correct this, and, al- though I was aware that Luke Poland, the Chairman of the Committee, was distinctly antagonistic to me, I went before the Committee for that purpose.
When I entered the room I saw to my amazement that Mr. Brooks, then largely supported by Republicans, had chosen the brother of B. F. Rice, my bitter political enemy, as his counsel, and that Governor Baxter was represented by the chairman of the Democratic State Committee. I also found that Mr. Brooks had made Gen. Dandridge McRae, the red-handed Ku Klux of White County, who was implicated in the murder of Albert Parker, Brigadier-General upon his staff.
Under those conditions I decided not to testify, and then and there I washed my hands of the whole disgrace- ful affair, relying for my vindication upon the triumphant termination of my Senatorial investigation.
Without going further into the history of this contest, it is sufficient to say that from the moment Elisha Bax- ter surrendered the State Government to the Democrats that party became and has remained supreme in the State.
FOOTNOTES FOR CHAPTER XVI
1 Arkansas Senate Journal, 1871, pp. 142-161.
2 Published in Daily Republican, February 21, 1871.
3 Arkansas Senate Journal, 1871, p. 282.
+ Congressional Record, pt. 1, 2d Sess., 42d Congress, 1871-72,
D. 311.
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5 Congressional Record, pt. 1, 2d Sess., 42d Congress, 1871-72, P. 311.
6 Congressional Record, pt. 1, 2d Sess., 42d Congress, 1871-72,
P. 311. 7 Congressional Record, pt. 1, 2d Sess., 42d Congress, 1871-72, p. 318.
8 Congressional Record, pt. 1, 2d Sess., 42d Congress, 1871-72, p. 318.
9 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 2.
10 Congressional Record, pt. 3, 3d Sess., 42d Congress, 1872- 73, p. 1785.
11 Congressional Record, pt. 5, 2d Sess., 42d Congress, 1871- 72, p. 4498.
12 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 4.
18 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73,
p. 7. 14 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 8.
15 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 9.
16 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73,
p. 20. 17 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 21.
18 Congressional Record, pt. 3, 3d Sess., 42d Congress, 1872- 73, p. 2016.
19 Senate Report No. 512, 3d Sess., 42d Congress, 1872-73, p. 19.
20 Congressional Record, Vol. I, 43d Congress, 1873, Special Session of the Senate, p. 174.
21 Congressional Record, Vol. I, 43d Congress, 1873, Special Session of the Senate, p. 192.
22 Published in Daily Republican, March 16, 1872.
23 Letter of Hon. D. H. Divilbiss, published in Daily Repub- lican, April 9, 1872.
24 Proceedings of Democratic State Convention, published in Daily Republican, June 21, 1872.
25 Published in Daily Republican, May 16, 1872.
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CHAPTER XVII
DEMOCRATIC ACCESSION TO POWER AND THE USE MADE OF IT
The Arkansas Legislature elected in 1872 assembled in January, 1873, and adjourned in the spring of the same year. Soon after the adjournment Governor Baxter ap- . pointed fifty of the members of the two Houses to various offices in the State, all of whom accepted the appoint- ments.
In September, 1873, he issued the proclamation 1 for special elections to fill the vacancies thus created. Prior to the 4th day of November, 1873, when the special elec- tions were held, Governor Baxter ordered a new registra- tion in all the counties where elections were to be held and appointed new boards of registrars to make it. The alleged reason for this was that since the registration made prior to the general election of 1872 the constitu- tion had been amended by striking out the disfranchising clause, and thereby a large number of persons had become entitled to be registered and to vote.
The Republicans did not generally nominate candi- dates for these special elections, but relied on a public pledge of Governor Baxter's that he would not call a special session of the Legislature. In consequence all, or nearly all, the members so elected were Democrats.
However, Governor Baxter disregarded his public pledge and called the Legislature to assemble in May, 1874. At that time the Capital of the State was divided
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into two military camps and Brooks was in possession of the State House. For this reason the Legislature con- vened, on the 11th day of May, 1874, within the military lines of Governor Baxter.2
When it met there were present only seventeen of the original Representatives elected in 1872 and four of the original members of the Senate. No quorum was had until the 13th, when forty-four Representatives and four- teen Senators were present. On the 16th fifty Represen- tatives were in attendance, twenty-four of the original members and twenty-six who had been chosen at the spe- cial elections. Fifteen Senators were present, nine from the original election and six from the special elections. These new members were admitted to seats without ob- jection.3
The Act for submitting the question of calling a Con- stitutional Convention was introduced in this Legislature on the 16th day of May, 1874, and was passed by both Houses on the same day. The vote in the Senate was twelve in the affirmative and three in the negative. The whole vote in the House was fifty, but the ayes and nays were not called.4
The election was held on the 30th of June, 1874. The vote, as declared by the State Board of Supervisors, was 80,259 for Convention and 8,607 against;5 the Re- publicans practically allowed the election to go by de- fault. At the same election delegates to the Convention were chosen. The Convention met on the 14th day of July and proceeded to frame a new State Constitution.
This Constitution should have been submitted to the people under the existing laws, as the Constitutional Con- vention had no legislative power whatever. Instead of that, the Convention assumed the right of providing the machinery to conduct the election. "There was an exist- ing registration, there were existing officers of registra-
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tion and election, and the Convention had no right to displace them and provide others," as was done. (See Reports of Committees, Nos. 101 to 149, 1874-75, PP. II, 12.)
Under these conditions the new Constitution was rati- fied on the 13th of October, 1874,-the vote being 78,- 697 for the Constitution and 24,807 against it.6
At the same time the Constitution was voted on, an election was illegally held for all officers provided under it,-State, County, and Township,-and also for mem- bers of both branches of the Legislature. The Republi- cans put up no candidates for State officers. The whole machinery thus put into operation may safely be treated as a political farce.
A. H. Garland was nominated for Governor by the Democrats and was declared elected. On the IIth of November, 1874, the new Legislature assembled, Mr. Garland was inaugurated as Governor, and the State and County officers, chosen in the manner heretofore referred to, entered upon their duties.
When the Democrats thus came into possession of the State Government they, as quickly as possible, undid everything that the Republicans had accomplished.
True to their desire to keep the masses ignorant, the free school system was their starting point. Under Re- publican rule no matter how much Auditor's warrants, or State scrip, became depreciated, the State officers were compelled to accept payments due them in such funds. Not so with the Democrats! They immediately pro- ceeded to appropriate for the payment of salaries, and for other purposes, the permanent school fund which had been held sacred by the Republicans and kept invested in United States Bonds. The following is a synopsis of a Constitutional ordinance passed for that purpose :
The United States currency and United States bonds
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now in the treasury of this State, belonging to the school and other funds of the State, except moneys derived from the proceeds of the sale of lands donated to the State by the United States for school purposes, be and they are hereby borrowed to defray the necessary current ex- penses of the several departments of this State.
From one of the first acts passed by their Legislature I quote as follows :7
"Sec. I. That the treasurer of State is hereby au- thorized and required to contract with the State Board of Finance for the sale of all United States securities now in his custody belonging to any permanent fund of this State and of all United States currency in the treasury.
"Sec. 2. That the said sale shall be made for bonds of this State, authorized to be issued by act of the General Assembly, approved December 23, 1874, at the minimum price of said bonds as fixed by law.
"Sec. 3. That when said sale shall have been made the said Board shall make requisition on the said treasurer of State for the amount of bonds so contracted for, and said bonds, after being signed and attested as required by him, shall be deposited in the treasury in lieu of said United States securities, and in all respects to be used and take the place of the same."
In the year 1876, under the provisions of this act, the United States bonds then constituting the permanent school fund were converted, by the Board of Finance, into Arkansas State bonds bearing interest at the rate of 6 per cent.8 At that time Arkansas State bonds could not be sold at any price in any of the markets of the world.
Under the Republican law the interest on the school bonds so purchased was required to be apportioned among the various school districts for the support of common
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schools, but now comes the saddest tale of all. For the year 1874 the State defaulted on the interest on these bonds and remained in default until May 8, 1899, a pe- riod of twenty-six years, when an act was passed > re- quiring these Arkansas 6 per cent bonds to be re-issued, with accrued interest thereon amounting to $512,335.00,10 in Arkansas 3 per cent bonds. Any sensible person must know that if there were no purchasers for Arkansas 6 per cent bonds, there would surely be none for Arkansas 3 per cent bonds.
This scheme converted a permanent school fund, in- vested in securities bearing a premium, into 3 per cent State bonds not worth the paper they were printed on, and the money obtained thereby was applied, among other things, to the payment of the salaries of State officers. The effect of this beating around the bush was to elimi- nate the permanent school fund and place the whole bur- den of maintaining the public schools upon the shoulders of the taxpayers of Arkansas.
But that was not all. The public schools were closed for the years 1874 and 1875 under the pretext that the Brooks-Baxter "war" had plunged the State into a condi- tion of anarchy and that the opening of the schools was impracticable. The children of the State were deprived of two years of education on account of this contest, which was ridiculously called a war. Only one man was wound- ed throughout the entire controversy, and that was an accident. This unwarranted closing of the public schools only showed the incompetency of Governor Baxter, who was, to say the least, the Governor de facto during that period.
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