USA > Arkansas > The aftermath of the civil war, in Arkansas > Part 5
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"X. Officers and troops in counties not under mar- tial law must be subservient to the civil authorities, and in passing through such counties will in no way violate the rights of persons or property.
"XI. District Commanders will report all impor- tant action to these Headquarters.
"By order of the Commander-in-Chief,
" KEYES DANFORTH, "Adjutant-General."
The General Assembly convened for its second ses- sion on the 17th of November, 1868. On the 24th of November I communicated to it my message, from which I quote as follows :5
"By the Constitution the duty devolves upon the Ex- ecutive 'to give to the General Assembly information. by message, concerning the condition of the State, and recommend such measures to their consideration as he may deem expedient.'
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"It could not be expected that an extended message would be presented at this time. I can only make a brief reference to some of the most important interests of the State, and some suggestions for your consideration, respectfully referring you to the various reports for further information.
"CONDITION OF THE STATE
"We are in the midst of civil commotion.
"The policy of the United States Government in withdrawing its support and protection from us upon our re-admission into the Union has had the effect to some extent of placing us in a situation of great peril and difficulty.
"With no greater resources or available means at our disposal than before our State was admitted (when a strong military force was deemed to be absolutely es- sential to preserve the Union element from those who had not forgotten their hatred to the old flag and their love for the 'lost cause'), we were at once compelled to depend upon ourselves for protection ; to battle against difficulties well-nigh insurmountable in our weak condi- tion; to carry on, in the towns and villages and counties throughout the State, a warfare in the defense of our lives and for the cause of freedom.
"The element opposed to the Government has be- come so much emboldened as to assume offensive opera- tions and to attempt the overthrow of the lawful author- ity in the State. A deep laid conspiracy was organized for this purpose, and the object was to be accomplished partly by the instrumentality of the treasonable or- ganization, having its ramifications in many parts of the State, which included in its programme ot operations assassinations, robberies, threats, and intimi- dations.
"The fearful history of the last few months, with its dark catalogue of crimes committed, will, in all proba-
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bility, never be entirely disclosed. The publication of all the atrocities and outrages perpetrated would have endangered the lives of those giving information, and would doubtless have led to the destruction of some of them.
"From the great mass of the accounts that have reached me I can only briefly, on the present occasion, refer to a few:
"In Ashley County the sheriff was openly assaulted and personally abused.
"The registrars were driven away.
"The sheriff and clerk were compelled to resign and appoint deputies to save their lives.
"Several colored men were taken out, beaten, and threatened to be hung. Several others missing, sup- posed to be killed.
"Moses Dean and his wife found in the woods since that, hung.
"A freedman, hauling cotton, was shot dead in the road.
"In Columbia County the people were advised pub- licly to force the registrars to place their names on the registration books, and if the tax collectors should come to their houses, to send them out feet foremost.
"Five men were killed in ten days. Three of them killed in the field, and rolled into one hole.
"Aaron Hicks killed. Cause: being a Union man. No fair registration. Armed forces (Ku Klux) riding through the country. The sheriff resisted.
"In Lafayette County there was an organized band of marauders. Several men were killed. Registrar fled to save his life. No civil law.
"In Sevier County the sheriff was abused. A Union man murdered in his own house. Hill, a colored man, brutally murdered. Union men are sleeping in the woods, or driven out of the county. No fair registration. County officers notified to leave.
"In Little River County, Willis and Andrews shot
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down upon the road,-murdered. Sheriff wounded and colored man killed. No law. No fair registration. Con- stant threats of assassination made.
"In Monroe County, Hon. James M. Hinds, mem- ber of Congress, murdered upon the road. At the same time Hon. Joseph Brooks shot down and badly wounded. Other outrages reported.
"In Crittenden County, Ku Klux killed six men in ten days. Other deaths reported. Many loyal men driven out of their homes. Hon. E. G. Barker attacked and badly wounded. Shot at on another occasion. The bullet and assassins held the county in terror.
"In Woodruff County a premium is offered for the murder of Union men. The Ku Klux riding about the county. D. P. Upham and F. A. McClure shot down while riding along the road. Several freedmen killed. Officers cannot execute the law.
"In Craighead County the rebels were preparing to fight. Captain Edwards shot down from the brush. Judge Carson's office destroyed by the Ku Klux, and he compelled to leave to save his life; dare not return to his family.
"Capt. Simpson Mason murdered in Fulton County and several others killed.
"In Conway County a court was broken up by a mob, county officers compelled to leave, many negroes killed and beaten; Ku Klux forces raised to oppose the law; State Guards forbidden to drill.
"In White County assault made upon Hon. S. Wheeler with intent to kill, by two desperadoes; several colored men killed; Jordan A. Ball, white Union man, and his nephew, both murdered; four other white Union men killed; Ban Humphries (colored) killed for know- ing and reporting the leaders in the plot to murder Hon. S. Wheeler.
"In Drew County deputy sheriff and negro tied to- gether and killed, a reign of terror inaugurated; men repeatedly threatened with death and many compelled to
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vote against their wishes. On the 17th instant Ku Klux took a colored preacher who has not been heard of since.
"In these and other counties many other outrages and violations of the law have occurred. Men were driven from their homes; officers were forbidden to make ar- rests, and were compelled to abandon every effort to do so.
"The bullet of the assassin, threats, and every species of intimidation were made use of to prevent the execu- tion of the law, and to rob the citizens of the rights and privileges of citizenship. A reign of terror was being inaugurated in our State which threatened to obliterate all the old landmarks of justice and freedom, and to bear us onward to anarchy and destruction.
"In the demoralization of a large class of citizens of the State, in the utter disregard to law and order mani- fested in many localities, it is perfectly clear that a prompt and decided course of action is necessary. The loyal people have adopted as a watchword the motto, 'Let us have peace'; and now that the election is over it is urged that the past be forgotten, and the hope is ex- pressed that the murderer will cease his horrible trade, and that the violator of the law may possibly allow the law to be executed.
"But this merciful programme is neither in ac- cordance with the demands of justice and right. nor a proper consideration of the welfare and prosperity of our State. The opposition to the law still continues. The rights of the citizens are still violated. It would need only another partisan excitement or great personal or social antagonism to develop again the full tide of wrong. There can be no permanent peace nor advancement in the future as a result of such a policy.
"The majesty of the law should be vindicated. The assassin should be visited with a just retribution for his crime. The violator of the public peace should be pun- ished, and an officer of the law should be so protected
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and respected that no opposition whatever would be made hereafter to his executing the duties of his office.
"The commonwealth is composed of three parts,- the citizen, the law, and the officers to execute the law. It is only when these parts work harmoniously that a healthy and vigorous constitution exists. If the officer fails in the discharge of his duty, he can be removed, and no detriment to the interests of the State or com- munity arise. If the law is unjust in any of its features, by proper representation and process it can be repealed and no serious difficulty occur; but if the citizen becomes vicious and corrupt, and violates his obligations and duties, then indeed a deadly virus is introduced into the system which can only be cured by the most powerful remedies, but which must be cured, or ruin and death will ensue.
"Our whole system of government is based upon the rectitude, intelligence, and honesty of the citizen. Wher- ever these fail, wherever the citizen becomes thoroughly diseased politically, and all obedience to the law is given up, then our institutions become a failure and they will go out forever in darkness and gloom.
"In the diseased condition of the body politic in a portion of this State I had no alternative but to allow the infection to extend and increase until the whole should yield to its influence, or to proceed at once to the use of unusual and the most severe measures by pro- claiming martial law in those localities where the strong- est opposition to law and order prevailed.
"By the advice and co-operation of the leading Union men in the State I proceeded to take this step. 1 have done so calmly and deliberately and I shall endeavor to execute it with all the resources at my command and all the energy I possess."
The enumeration of conditions contained in my mes- sage was for the information of the Legislature, upon
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which it could base its approval or disapproval of my course, as the case might be.
While the facts contained in that message, upon which I then based my action, constituted all I had to report at that time, events were then happening which, if known, would have constituted very important addi- tional reasons for my action. These events I shall now proceed to describe.
ASSASSINATION OF DR. A. M. JOHNSON
On the 24th day of August, 1868, the day before Dr. Johnson was assassinated, he wrote a letter to me, from which I quote as follows:
"You will recollect the bitterness of feeling I repre- sented to you that existed in this County. On the night of the 18th eight or nine men disguised (I can name them all) went to the houses of the colored men on James Edrington's place, shot one man through the lungs, and beat several others nearly to death; shot at several others. They attacked the negroes about one o'clock at night when they were all asleep. They are the same men that burned the colored church here in May. The colored men have no arms, and sleep in the woods with their families every night. Unless some- thing is done we shall not get twenty-five votes. Our sheriff is as bad as the K. K. K. The Clerk and sheriff you appointed refused to serve, and we have no one I know of in the county that will act any better than the ones we have now. I stand picket on my life as regu- larly as the day and night come."
It was not until some time later that the Hon. James A. Butler handed me a letter from Dr. Johnson's wife, containing a graphic description of the horrible tragedy, from which I quote as follows :6
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"KEYTESVILLE, CHARITON Co., Mo., "October 12, 1868.
"HON. JAMES A. BUTLER :
"HON. SIR: After several weeks' delay your very kind and sympathizing letter came to hand; and I assure you I appreciate and thank you for the motive which prompted you to write to one who has been so bitterly tried !
"You ask for the particulars of that terrible night. You shall have them, if I have the power to write them. August 25 the Doctor arrived at Osceola, on his return from the Convention. We proceeded to get ready to start for the North that night (the packet landed at night on the up trips). He was in a hurry to get off, for he had promised Governor Clayton to go into the canvass of the State. We were waiting, but fearing the boat would not land, the Doctor and a colored man that was going with us started down to the landing to signal it ; when they had proceeded about twenty yards I heard a gun fired and a cry. I felt that it was my husband. and with a light in my hand I started after him (the moon had gone under a cloud), and there in the road I found my dying husband! I sat down in the dust and took his dear head in my arms; he breathed one last, long. shud- dering sigh and was at rest! O God! Such was the fate of one of the best, the noblest of men! Oh. could you have witnessed my anguish-have heard the fran- tic cries of my distracted children !"
MURDER OF ALBERT H. PARKER
About the last of March, 1870, Maj. F. M. Chris- man, an ex-Confederate officer and the Circuit Super- intendent of Public Instruction for the district in which the County of White was situated, conveyed to me the following information : That, a few days before, his official duties had called him to Searcy, White County.
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Court was in session and the small hotel was so crowded as to cause him to be assigned to a room and bed with a young man by the name of John McCauly. During the night he was awakened by the sobs and groans of McCauly. When he asked what was the matter Mc- Cauly replied that there was a great load on his con- science, a load that had prevented him from sleeping for nearly a week, and that he feared he would become insane unless he could in some way get relief.
Chrisman advised McCauly to confide his troubles in him, with the assurance that what he should tell would not be divulged to any one without his consent, where- upon the young man disclosed the circumstances of the murder of Albert H. Parker, perpetrated on or about October 14, 1868, by order of the Grand Cyclops of the Searcy Ku Klux den.
Chrisman told McCauly that I was a fair man and would treat him as leniently as possible, so he agreed that Chrisman might inform me of what he had told him and promised that he would not attempt to evade arrest. On receiving this information I took immediate action by sending Adj .- Gen. Keyes Danforth, with a detail of the Governor's Guard, to White County with orders to arrest and bring to Little Rock the persons named in McCauly's confession to Chrisman as having participated in the murder of Parker. I instructed Dan- forth to travel by night, and upon arrival in White County to place himself in communication with the Goad brothers, staunch ante-bellum Union men, and to obtain from them such information and assistance as would enable him to make the proper arrests; and then to pro- ceed by night as rapidly as possible to a point south of the boundary line between the counties of Pulaski and White, as in all probability as soon as it was known that the arrests had been made the rescue of the prisoners
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by Habeas Corpus proceedings, instituted in White County, would be attempted.
This proved to be a wise precaution, for after Dan- forth had crossed the line the sheriff of White County appeared with a posse, and attempted to serve such a writ upon him, --- a writ which Danforth of course dis- regarded.
Adjutant-General Danforth was successful in arrest- ing William L. Edwards, John G. Holland, and John McCauly, who, with William Brundidge and LeRoy Burrow, had actively participated in the murder of Parker. Brundidge had removed to Texas and Burrow was a traveling man, supposed to be absent in Memphis, but he was really on his way home to White County. The orders for the murder and the detail to carry it into execution were issued by Gen. Dandridge McRae and Col. Jacob Frolich, who was the editor of the Searcy Record and also the Cyclops of the Searcy Ku Klux Den.
Danforth reached Little Rock with his prisoners about midnight. I was at the county jail to receive McCauly, and by arrangement with the authorities he was assigned to a separate cell, with instructions that there should be no communication between him and the other prisoners.
The incidents of the Parker murder, then told me by McCauly, were that night reduced to a sworn state- ment which, with all other papers necessary for the prosecution of the case, was handed to the Prosecuting Attorney, Gen. E. W. Gantt, to be used by him. When the cases were disposed of he returned to me certain papers, but this affidavit was not among them. How .- ever, the McCauly affidavit of June 2, 1870, is of the same character and is confirmed by the affidavit of LeRoy Burrow.7 McCauly's affidavit is as follows :
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"June 2, 1870.
"John McCauly, sworn, says that I have been re- siding at Searcy, White Co. I lived there from the first of September, 1868, until about last of December, 1868. When I was arrested in March, last, I was residing at Fairview in Independence County, Ark. My business has been clerking. I was clerking for Greer and Bau- cum in Searcy in fall of 1868. I was initiated in April, 1868, at Searcy, into an organization known by outsiders as Ku Klux Klan and represented to me by three stars. I was living at Fairview in Independence County about 25 miles from Searcy. I went to Searcy and was asking Lee Burrow about such organization, telling him I did not believe there was any such organization. Lee Bur- row said if I would stay until night he would show me that there was and would show me something that would make the hair rise on top of my head. At about 12 o'clock same day I told Colonel Frolich I wanted to see the Ku Klux. He told me he would not show them to me until night, and I think asked me who told me about it. I told him Lee Burrow. I think Burrow told me Frolich knew about it-I met Lee Burrow that night and went with him to Colonel Frolich's office, the office of the White County Record, a newspaper edited by Colonel Frolich. I first had a preliminary oath administered to me by an unknown party-I am uncertain whether I was blindfolded at that time or not-I now think I must have been blindfolded before the first oath was administered. The oath was as follows :
" 'You do solemnly swear in presence of Almighty God that you will never reveal anything that you may know or hereafter learn of the so-called Ku Klux Klan.'
"The above is, I think, the exact words of the oath. It is the substance any way. I have administered the oath to others. I was acting as Adjutant-General for General McRae when I administered the oath, and or- ganizing other dens in White, Jackson, and Independence
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Counties. After I took the above oath we were asked some questions, which were about as follows :
"Ist. Did you ever belong to the Federal Army?
"2nd. Are you in favor of white men ruling the Government? Answer to this question expected to be. 'Yes.'
"Those questions being answered satisfactorily. I was then ordered to kneel and take another oath; that oath was about as follows: We were sworn to obey all or- ders of all superior officers, that we would stand by and protect one another under all circumstances; to support only white men for office of profit or trust. After this oath was administered the blindfold was removed and I saw one man in the room with masque on. He was the one who had administered the oaths. Afterwards this man proved to be Colonel Frolich. He stepped outside the door and threw his masque off and came right back, and I knew his voice besides. I recognized in the room Lee Burrow, John P. Lewis, William Brundidge. Wil- liam Sewell, and one or two others whose names I do not recollect. These men I did not see have masques on that night; I understood that to be the first den in the State and the organization recently commenced in the State. Frolich was then Head Cyclops, that answers to about rank of Captain in Army. The objects of the or- ganization were explained by Frolich. He said it was a political organization of the old Confederate Army,- military in its nature as well as political. At these meet- ings and at raids all were expected to be armed and ready for any emergency. He gave us to understand that if we could not have justice by law we would have to take the law in our hands. I think it was stated that this must be so even if men had to be killed to bring this about. I afterward learned that justice meant justice in accord- ance with their own interpretation of what was right; I understood at the time that the present State Govern- ment was not administered in accordance with what they thought it should be, and was an object of contempt, and
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should be resisted whenever it could be so done. The meeting was adjourned without considering other im- portant matters. This was in April, 1868.
"About the first of August following I came to Searcy. It was the morning after Capt. Stephen Wheeler had been wounded-Mr. Sewell first told me about it. After I got in town some one told me John P. Lewis shot him. That evening I think I went to General Mc- Rae's house. Colonel Frolich went with me. I had previously been acting as Adjutant-General to McRae. We talked over the matter with McRae; McRae seemed distressed about Lewis' connection with the affair. We had before learned that Wheeler was not killed. The distress seemed to be caused by the fact that it was not successful and at the probability of the authorities find- ing out the perpetrators of the deed-McRae said he had ordered this not to be done. He said Frolich or Sewell who had ordered Lewis to do it were in fault- Lewis is brother-in-law to McRae. Lewis told me after- ward that he was ordered to do it by Sewell, who was Grand Maji of the Den, answering to Ist Lieutenant of Army, and that J. Floyd Smith, his cousin, persuaded him to do it. That he did not want to do it. I after- ward heard that the order to kill Wheeler was first is- sued by General McRae, who afterward, when he found out who was to do it, countermanded the order. Lewis said he thought he had killed Wheeler. Lewis said they met Wheeler and Hicks in buggy, Lewis drew his pistol and Wheeler drew his and fired two shots at him. Lewis then fired one shot at him. When he fired at Wheeler, Wheeler threw his pistol on the ground and begged for his life; told Lewis to take his money but spare his life. Lewis said he would have both-Lewis ordered Wheeler out of the buggy and told Hill, who was with Lewis, to take charge of Wheeler. Hicks commenced to beg for his life; Lewis ordered him to drive his buggy out of the road and told him he did not want to hurt him, but if he did not hush he would kill him. Wheeler broke to
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run, Lewis ordered Hill to shoot him-Hill did not fire until Wheeler got 20 or 30 steps. Lewis told Hill to take charge of Hicks and he would kill Wheeler. He ran Wheeler some distance, shot at him twice, the third time he shot at Wheeler he fell. Lewis thought he had hit Wheeler in the back. As he was getting down to shoot Wheeler again, Hill came up to where he was. Lewis asked Hill where Hicks was : Hill said he was where he left him standing in road. Lewis told Hill to kill Wheeler and he would go after Hicks. He went to buggy. Hicks had cut the horse loose and left. He pursued him several miles ; could not overtake him and came back-before he got back he met Hill. He threatened to kill Hill for letting Hicks get away-Hill begged for his life. They went back to where they left Wheeler and could not find him. I afterward heard Frolich, Sewell, and some others who I do not recollect speak of having Wheeler disposed of so he could not give in evidence, but don't know that any place was mentioned for this.
"On or about the 14th day of October, 1868, LeRoy Burrow came to me after supper. He told me there was a man to be killed. I asked him who it was and what it was for. He said it was Captain Parker. He said Parker had got the secrets of the organization and had to be killed for self-protection, or to that effect. We got ready then. Mr. Burrow went off and returned again with Mr. Brundidge. We then came out of the store (Greer & Baucum). Mr. Edward D. Holland and Brundidge went off, but were to meet us at the Springs. Burrow and Brundidge were the two officers and they directed myself; and Lee Burrow went on to the Sulphur Springs about 150 yards from Court Square. We then met Mr. Holland, Edwards, and Brundidge. We sat down on the steps near the springs. I suppose we waited ten or fifteen minutes before Mr. Russell and Albert H. Parker came. Mr. Russell was in advance, passing over the steps. As Parker came up he made some remark about the weather. As he walked over
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the steps Brundidge ordered Parker to hold on and make no noise or he would kill him, presenting his pistol at the same time. We all drew our pistols. It was star- light and Parker could see the party and their arms- Parker first tried to turn it off as though we were jok- ing, we were searching him for arms and he treated it as a joke. We found no arms. We then tied a hand- kerchief in his mouth. I do not recollect which one did it. We marched him right off toward the McConnaha place, about one-half to three-quarters of a mile southwest from town. Before we got there we stopped and put on our masques. Took the handkerchief out of his mouth; then asked him if he had ever seen any Ku Klux and told him we were Ku Klux. He said he had been looking for them some time. He wanted to join them. I think Brundidge said that he supposed he had been look- ing for them from the contents of a letter that he had written Mr. Pugh at Little Rock. We did not have the letter with us that I know of; Parker denied having writ- ten such a letter. We went on to the McConnaha place, not much if anything was said on the way. Mr. Bur- row and Brundidge told Parker he had but a short time to live, and if he had any confessions to make he had better be at it-Parker then acknowledged that he was then in the employ of the Governor as Detective. He said his reasons for being a spy were that he had killed a Federal Colonel in Texas and had come here and was arrested and through influence of friends he was released on condition that he would go to Searcy to ferret out the killing of Humphries. He pleaded for his life and told us if we would let him loose that he would leave the United States and we never would hear from him any more, or that he would go and kill Chrisman or any Rad- ical in White County we would say, if we would spare his life. Brundidge told him if he were to kill every radical in the State it would not save him. He talked a great deal, telling about his past life, etc., I cannot recol- lect all. I suppose we were there an hour or more. At
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