USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 27
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
Meanwhile settlement in the territory had been begun in other
272
THE PROVINCE .IND THE ST.ITES.
quarters and was progressing steadily if slowly. "From 1792 to 1799, during the administration of Carondelet and Gayoso, many grants were made to Americans for lands in Arkansas, which brought new families to the state," says Shinn. "Prominent among these arrivals were the Winters, Stillwells, and Phillipses. The old families of French extraction, Bogy, Vaugine, Varsier, De Chassin, Bonne, Clossein and Notrebe antedate all these arrivals. In 1766 Francois D'Armand entered the province of Louisiana, and fixed his residence on the Mississippi river above the mouth of the White, at what was afterwards called Mont- gomery's Landing. Here he acquired great wealth as a trader in furs, and also an influence that extended to all parts of the country. The houses of D'Armand were still standing in 1833. The prop- erty passed into the hands of Gen. William Montgomery, and became one of the most widely known landings in Arkansas. A French settlement was made near Clover Bend in Lawrence county, prior to 1800. The grant was made to John Baptiste Janis, and was held valid by the United States. Lauratown was established upon this grant a few years later. The French set- tiers were headed by Antoine Janis. The Vincents ( Vinsons), Le Bass's, Le Mieux, and Janis's are still represented in Lawrence county. Another valid grant to Peter Guignolett lies near the present town of Portia, in the same county. Buried treasure amounting to nearly four hundred dollars in Spanish coin was plowed up in a newly cleared field on the grant at Lauratown, a few years since. From Lauratown, on the banks of the Black, down to the mouth of the White, many old French settlements were made during the eighteenth century, but all traces are now obliterated. These traces existed,however, at the beginning of the last century." Notwithstanding numerous imperfect and, legally, worthless titles were made by commandants or lieutenant- governors, purporting to convey large tracts of land-notwithi- standing the arbitrary and tyrannical regulation of settlers by the Spanish government tended to retard settlement -- pioneers located in many places in Southern and Eastern Arkansas. It was neces- sary for an intending settler to obtain permission from officials at Arkansas Post or Esperance before locating and no settler was permitted to venture more than twenty miles from his home with- out a passport stating his destination and stipulating by what road he should travel. Some of the dwellings built during this period, most of them of French architecture, were standing as late as 1830 m company with the ruins of others of an carlier date. A settle- ment was made at Dardanelle by John B. Dardelle, who was
.
273
ARKANSAS, FROM 1541 TO 1819.
joined in 1798 by Michael Grenlick. In 1801 Francis Francure settled on the White river below its confluence with the Red river and Peter Mullike located on the Little Red river. John B. and Francis Gravier settled in 1793 on Black river, near Anthony Janis. In 1800 Joseph Guignolett located near Janis. The latter was yet there in 1801. Ten years later he and his sons, Francis, Nicholas and John Baptiste, sought government recognition of their land claims and, failing to obtain it, sold out to an adventurer who later perfected his title to the land. In 1797, Col. Sylvanus Phillips located at the mouth of the St. Francis. Early in 1800, a settlement was made at Little Prairie, south of the mouth of the St. Francis river, by a trio of Kentuckians and William Patterson, traditionally a local Methodist preacher, erected a warehouse on the site of Ilelena. John James, soldier of the revolution, from Missouri, settled in what is now Randolph county in 1809; William Hudson, in what is now Independence county, in 1812. At the Greenbrier settlement, near Batesville, a colony of Ken -. tuckians was planted in 1814, and in 1815 it included nineteen families. Among the earliest here was the family of Samuel Miller, father of Gov. William R. Miller ; there were also John Moore, the Magnesses and the Beans. The names of all these families are permanently identified with the history of Arkansas. In the colony of 1815 were the brothers Richard, John, Thomas and James Peel, sons of Thomas Peel, a Virginian and a Kentucky companion of Daniel Boone. Thomas Curran, also one of the later colonists from Kentucky, was a relative of the great Irish- man, John Philpot Curran. In the 1815 colony were also Okd Ben Hardin- hero of Indian wars-his brother Job, and William Griffin, Thomas Wyatt, William Martin, Samuel Elvin, James Akin, John Reed, James Miller and John B. Craig. Before Arkansas territory was created, there were settlements at Arkan- sas Post, Helena, Cadron, Greenbrier, Benton, Columbus, David. sonville, Fort Smith, Hot Springs, Biscoeville, Blakeleytown, Crystal Hill, Mound Prairie and Marlbrook. In 1819, the first permanent settier located on the site of Pine Bluff. He was Joseph, Bonne, a French trapper and hunter. In 1825 he built a primative house on ground now caved into the river, near where Sarrasin had his camp, this humble home, a rifle, a dog, a canoe and his scanty wardrobe constituted his entire worldly wealth. At that date, John Derresseaux chose a plantation near Pine Bluff. A Mr. Prewett was also on the site of Pine Bluff, with Joseph Bonne, their two houses constituting the visible settlement. Among those scattered along the river on the north side were
111-18
274
THE PROVINCE AND TIIE STATES.
Ambrose Bartholomew, Antoine Duchesson, David Musick, Euclid Johnson, the Dardennis, some Duchessons, the Vaughines, Israel Dodge the widow Collar, Francis Villier, an old man named Racine, a Mitchell family, Mrs. Emery and son, the Masons, Mrs. Hackett, the Vassars, Rigues, Barracques, Palmers and Hollands ; while on the south side were Bailey, Morrison, Arrington and a few others chiefly engaged in hunting and the raising of a little corn and cotton. Between the settlements mentioned were the little cabins of widely separated pioneers. Much of the country was swampy ; roads were few and in some places almost impas- sable. The bridgeless streams were a convenience or a hindrance to travel according to the direction and destination of the traveler. There were in olden times, three famous hostelries on the Arkan- sas river. Nick Peay's at Little Rock, James L. Buck's at Pine Bluff and that of Mary John, a slave of Col. James Scull, at the Post of Arkansas. These hostelries were the visiting lawyers' homes when on the circuit, and right royally were they entertained at them.
Persons who had lived on "sunk lands" at the time of the sub, mersion of large tracts by the earthquake of 1811 were in 1815 permitted by congress to locate other lands not exceeding 160 acres to any one family, The documentary authorizations of such selections were called New Madrid certificates. Many claims in Arkansas were made under such certificates, among them claims covering land on which Hot Springs and Little Rock now stand.
As early as 1818 the oil and whetstones of (now) Garland county were boated down the Ouachita and Mississippi to New Orleans. . There they came to be known as "Washita stones," and by that name they have since gained worldwide fame. Other natural resources of the present state had begun to be talked about beyond her borders. Arkansas began its separate existence as a territory in 1819. Within ten years after that date, as has been seen, the Indian lands in Arkansas were acquired by the goveru- ment, and as rapidly as was possible thereafter they were opened for settlement. The early settlement of Arkansas has been traced in preceding pages. The consideration of its history as a terri- tory, 1819-36, is now in order.
275
ARKANSAS, AS A TERRITORY.
CHAPTER II
Arkansas as a Territory
O N MARCH 2, 1819, congress enacted that, after July 4, that ' year, all that part of Missouri territory south of a line beginning on the Mississippi river at thirty-six degrees north latitude, running thence west to the St. Francis river and up said river to thirty-six degrees and thirty minutes north latitude, thence to the western terminal line of Missouri, should be a sepa- rate territory to be known as "Arkansaw" territory. While the name of the new territory was, in the creative act, spelled as above, it is noteworthy that on the seal adopted by the territorial authorities it was spelled with a final s, instead of a final w. There was probably no more authority for so spelling this word in the act than for spelling the name of the St. Francis river, St. "Fran- cois," as was done in the same paper. The author of the act was John Scott, congressional delegate from Missouri territory, who secured its passage. The act decreed that the seat of government be located at "Arkansaw" Post on the "Arkansaw" river. Per- haps Mr. Scott thus early had in mind the correction of the pro- nunciation of the word Arkansas.
James Miller, of New Hampshire, was appointed governor of Arkansas territory March 3, 1819; George Izard, March 4, 1825; John Pope, March 9, 1829; William Fulton, March 9, 1835.
Robert Crittenden, of Kentucky, was appointed secretary of Arkansas territory March 3, 1819; William Fulton, April 8, 1829; Lewis Randolph, February 23, 1835.
George W. Scott was territorial auditor of Arkansas, Angust 5, 1819, to November 20, 1820; Richard C. Byrd, November 20, 1820, to November 5, 1831; Emuzy Wilson, November 5, 1831, to November 12, 1833; William Pelham, November 12, 1833, to July 25, 1835; Elias N. Conway, July 25, 1835 to October 1, 1836.
276
THIE PROVINCE AND THE STATES.
James Scull was territorial treasurer August 5, 1819, to November 12, 1833; S. M. Rutherford, November 12, 1833, to October 1, 1836.
James Miller, the first governor of Arkansas territory, was born at Peterborough, N. H., April 25, 1776, and died at Temple, in his native state, July 7, 1851. He was, says Hempstead, "a distin- guished officer in the war of 1812. He was the same who, as lieutenant-colonel of the twenty-first New Hampshire volunteers, distinguished himself at the battle of Maguaga, August 9, 1812, and more particularly at the battle of Lundy's Lane, July 25, 1814. At this latter battle, General Ripley, his commanding officer, indicated to Colonel Miller a battery of the British guns in a commanding position, and asked Miller whether he could storm it with his, Ripley's old regiment, the twenty-first. Colonel Miller, well knowing the perilous nature of this duty, modestly replied : "I'll try, Sir !" and immediately put his regiment in line for the assault. To the amazement of the whole British line,. Colonel Miller steadily and silently advanced up the eminence, until within a few paces of the enemy's cannon, when he impet- nously charged upon the artillerists, and after a short but desper- ate contest, carried the whole battery and then formed his line in its rear, upon the same ground on which the British force had previously been posted. Colonel Miller's words, 'I'll try, Sir!' were afterwards worn on the buttons of the twenty-first regi- ment and otherwise became historic." He came to Arkansas at the age of about forty-three years and was governor of the terri- tory until late in 1824. He was collector of customs at Salem, Mass., 1825-49. When President Jackson entered upon his administration, an attempt was made to have Colonel Miller removed from that office. In view of Miller's bravery on the battlefield, the president is said to have instructed his adopted son and secretary, A. J. Donelson, to advise him that he should be col- lector at Salem as long as Andrew Jackson should be president. In the absence of the governor from the territory, the secretary was clothed with executive power, and Secretary Crittenden, though only twenty-two years old organized the territorial govern- ment. Governor Miller did not arrive until the day after Christmas, 1819, and was absent from the territory much of the time in later years of his administration. The Arkansas, a finely appointed keelboat from St. Louis, bound for Fort Gibson, with military supplies for the garrisons there and at Fort Arbuckle, brought the governor and several army friends and a number of Northern young men seeking their fortunes in the South to the
277
ARKANSAS, AS A TERRITORY.
territorial capital and passed up the river to its destination. On April 8, 1820, S. Dinsmore and R. P. Spaulding were designated by the governor to be his aides de camp.
The first, or provisional territorial legislature, composed of the governor and the supreme judges of the territory, was held at the Post of Arkansas, July 28 to August 3, 1819. Robert Crittenden was acting governor; Charles Jouett, Robert P. Letcher and Andrew Scott were judges of the supreme court. Charles Jouett was speaker ; George W. Scott, clerk. A special territorial legis- lature was held in the house of Mr. Crittenden, at the Post of Arkansas, from February 7 to 24, 1820. This session was con- vened by the territorial governor under the law forming Arkansas territory, and was properly the first regular territorial assembly of Arkansas. A special session of the general assembly of Arkansas was held at the Post of Arkansas, October 2 to 25, 1820, in a house hired of John Larquier. Council: President-Edward MeDonald; secretary -- Richard Searcy; Arkansas county, Syl- vanus Phillips ; Clark, Jacob Barkman ; Hempstead, David Clark; Lawrence, Edward McDonald; Pulaski, Jolm McElmurry. House of representatives: Speaker, Joseph Hardin; clerk, J. Cham- berlain ; Arkansas county, W. B. R. Horner and W. O. Allen ; Clark, Thomas Fish; Hempstead, J. English and W. Stevenson; Lawrence, Joseph Hardin, Sr., and Joab Hardin ; Pulaski, Radford Ellis and T. H. Tyndall. William Stevenson was elected speaker, served one day and resigned "on account of indisposition," and Joseph Hardin was elected in his place.
On October 24, 1820, a bill providing for the removal of the seat of government to Little Rock, June 1, 1821, was passed by both branches of the assembly. During the short time the terri- torial capital was at Arkansas Post, no effort had been made to erect public buildings, as from the first it had been understood that the location was only temporary. Soon after moving to Little Rock, Governor Miller bought a large tract of land at Crystal Hill, about fifteen miles further up the river and near the geographical center of the territory, and erected on it several large two-story double log buildings and some smaller ones and tried unsuccessfully to have the seat. of government removed to that point.
James Woodson Bates was the first delegate in congress from Arkansas territory, 1820-23. In 1823 he was defeated for the same office by Henry W. Conway, who was re-elected in 1825 and again in 1827. Mr. Conway died November 20, 1827, and Ambrose HI. Sevier was elected to succeed him and served until 1836.
278
TIIE PROVINCE AND THE STATES.
As has been seen, Judges Scott, Letcher and Jouett constituted the superior or United States court in 1819. Benjamin Johnson of Kentucky, was judge of this court from 1820 to 1836 under President Monroe, John Quincy Adams and Jackson. Judge Scott filled the office until 1827. Other judges of this court were appointed as follows: Joseph Selden, of Virginia, 1821 ; William Trimble, 1824; Thomas P. Eskridge, 1827; James Woodson Bates, 1828; Edward Cross, 1830; Charles S. Bibb, 1832; Alexander Clayton, 1832; Thomas J. Lacy, 1834; Archibald Yell, 1835. The court consisted of three members 1819-28; of four members 1828-36. Its sessions, after the first, held at Arkansas Post, January, 1820, Judge Scott presiding, were held at Little Rock "in the Baptist meeting-house" until the statehouse was ready for its occupancy. In 1820, William Trimble was appointed United States district attorney in Arkansas.
Arkansas was daily receiving new accessions to its population by immigration. Settlements were started at Greenbrier, old Batesville, Oil Trough Bottom, Big Bottom and other points. Among settlers not already mentioned were, Hilger and Turoski on the Little Red river; Spanger, Von Sackendorf and Fisher at Little Rock; Strong and Saint near the St. Francis ; Hamilton at Black Fish lake; Magness in Oil Trough Bottom; Dunn between L' Auguille and the White river; Harriot on the Cache ; Pearce on Brushy lake; Rankin, Hogarth, Kelfer, Haller and Kean on the Fourche La Fave; Collman on the Ouachita; Slow- trap and Curley in Yell county ; Davis on the Mulberry and Con- well on the Boston mountain divide. In 1820, the legislature created Miller, Phillips, Crawford and Independence counties. Miller county was abolished in 1836 and re-established in 1874. Post-offices established about this time were, Cadron, Thomas H. Tindale, postmaster; Hempstead county, John English; Clark county, Jacob Barkman; White Run, Peyton Tucker. Amos Wheeler was appointed postmaster at Little Rock; Richard Searcy at Davidsonville, and Col. Edmund Hogan at Crystal Hill. Col- onel Hogan, who had been an officer in the United States army was in 1820 appointed by Governor Miller a brigadier-general in the territorial militia. The Dwight mission was established in 1821. In 1820 the president appointed Col. Davis Brearley agent for the Cherokee Indians. In 1820-21 Governor Miller endeav- ored, without immediate results, to bring about peace between the Cherokees and Osages. This and other Indian troubles in Arkan- sas were settled, one after another, and in 1828 final treaties led to the vacating of lands within the borders of the territory
279
ARKANSAS, AS A TERRITORY.
by Indans, thus rendering them accessable to white settlers. William Rector was surveyor of lands in Illinois, Arkansas and Missouri from 1814-24; William Clark, 1824-25. James S. Conway, the first surveyor-general of Arkansas, held office until 1836. The office of the Arkansas surveying district at Little Rock was established in 1832 and discontinued in 1859. The president appointed William Douglas Simms register and Henry W. Con- way receiver of the land office at Arkansas and Henry Boswell register and John Trimble receiver of the land office of the dis- trict of Lawrence in 1820. As the advance of settlement demanded them, other land offices were opened. The survey of government lands in Arkansas was begun between the Arkansas and St. Fran- ces rivers in 1815. Lands so surveyed were not offered for sale but were allotted as bounties to enlisted soldiers and sailors in the war of 1812. It was not until 1818 that Mr. Rector was instructed to survey sixty townships for sale. He completed the survey in 1819, but there were no sales of the lands for two years after that. For some years after the passage of the preemption law in 1814, the land offices and the Arkansas courts were assailed by speculators who had acquired the rights of squatters, many of whom had removed to other parts of the country.
The second territorial legislature was held at Little Rock from October 1 to 24, 1821. Council: President-Sam C. Roane; secretary-Richard Searcy; Arkansas county, Neil McLane; Independence, Peyton Tucker ; Clark, Sam C. Roane; Hempstead, Robert Andrews; Lawrence, Wm. Jones; Miller, Claiborne Wright; Pulaski, Benjamin Murphy. House of representatives : Speaker-William Trimble; clerk-A. 11. Sevier; Arkansas county, W. W. Trimble; Clark, Eli Langford; Hempstead, John Wilson; Pulaski, Thomas 11. Tyndall; Independence, Robert Bean; Miller, Stephen R. Wilson ; Phillips, W. B. R. Horner.
Among the more important acts of this assembly was one empowering the governor to borrow ten thousand dollars for the use of the territory. Another constituted James Billingsly, Sam C. Roane and Robert Bean a commission to locate the seat of justice of Pulaski county. They located it at Little Rock and the county records were taken there from Cadron where they had been kept.
The third territorial legislature was held October 6 to 31, 1823. Council: President-Sam C. Roane; secretary-Thos. W. New- ton ; Arkansas county, Andrew Latting; Clark, Sam C. Roane; Crawford, John McClean; Hempstead, Matthew Scoby; Pulaski,
Mathews; Independence, T. Dickson; Lawrence, William
-
280
THE PROVINCE AND THE STATES.
Humphreys, Miller, David Clark; Phillips, Daniel Mooney. House of representatives: Speaker-Terence Farrelly ; clerk- D. E. Mckinney; Arkansas county, T. Farrelly; Clark, H. L. Biscoe ; Crawford, John Nicks ; Hempstead, John Wilson ; Pulaski, A. H. Sevier; Independence, Robert Bean; Lawrence, Thomas Culp; Miller, John Evans; Phillips, W. B. R. Horner. This legislature created Chicot county, October 25, 1823. Its chief service, however, was the erection of three judicial districts within the territory and the creation of the office of prosecuting attorney. James Woodson Bates had been appointed judge of the first cir- cuit August 3, 1819. He had resigned to stand for con- gress. Stephen F. Austin had succeeded him July 10, 1820. He had been succeeded by Richard Searcy November 11, 1820, after having sat at one term of court. Neill McLean had been appointed judge of the second circuit August 25, 1819, and had resigned December 10 1820, and had been succeeded by Thomas P. Eskridge. Mr. Eskridge became judge of the courts of the new first cirenit December 10, 1823; Richard Searcy, judge of the courts of the new second circuit December 10, 1823; Samuel S. Hall judge of the courts of the third circuit, December, 1823. W. B. R. Horner became prosecuting attorney on the new first circuit, November 1, 1823; on the same date R. C. Oden and Townsend Dickinson became prosecuting attorneys on the new second circuit ; Townsend Dickinson became prosecuting attorney on the third circuit, January 10, 1823. A. H. Sevier became prosecuting attorney on the second circuit January 19, 1824. He resigned in 1825. A. F. May assumed the duties of the office March 29, 1825, and served until his death. D. L. F. Royston became prosecuting attorney on this circuit July 25, 1825. James Woodson Bates became judge of the courts of the second circuit November, 1825, and served until 1836. Sam. C. Roane became prosecuting attorney on the second circuit September 26, 1826. Andrew Scott became judge of the courts of the first circuit April 11, 1827, and April 21, W. II. Parrott became prose- cnting attorney on the second circuit. Thomas Hubbard became prosecuting attorney on the first circuit November 5, 1828. Charles Caldwell became judge of the newly organized fourth circuit December 27 following. Sam C. Roane, who had been prosecuting attorney in the second circuit, became judge of the courts of the first circuit April 17, 1829, and served until 1836. A. D. G. Davis became prosecuting attorney on the third circuit June 21, 1820. E. T. Clark became prosecuting attorney on the fourth circuit February 13, 1830, and was succeeded by J. C. P.
281
ARKANS.IS, AS A TERRITORY.
Tolleson February 1, 1831. Bennett HI. Martin became prose- cuting attorney on the second circuit January 30, 1831. S. S. Hall assumed similar duties on the same circuit 'August 31, 1831, and S. G. Sneed, on the third circuit, November 11, 1831. G. D. Royston became prosecuting attorney on the first circuit Septem- ber 7, 1833, and ten days later, J. W. Robertson assumed similar responsibilities on the same circuit. W. K. Sebastian became prosecuting attorney on the fourth circuit, January 23, 1833, and David Walker on the third circuit, September 13 following. Shelton Watson became prosecuting attorney on the first circuit and Thomas Johnson on the third circuit October 4, 1835. A. G. Stephenson became prosecuting attorney on the first circuit and William F. Denton prosecuting attorney of the third circuit Janu- ary 23, 1836, and B. B. Ball became prosecuting attorney on the second circuit July 19, 1836. The judges and prosecuting attor- neys last appointed on each of the several circuits served until courts organized under the territorial government were super- seded by state courts.
Mr. Conway secured the passage, May 26, 1824, of an act of congress, adding a strip forty miles wide to the western side of the territory ; but, as has been related, about the same arca was cut off of Arkansas and added to Indian territory a few years afterward.
Governor Miller's first term expired March 23, 1823, and his renomination did not reach the senate until December 16. During his absences in 1821 and 1823, and after his final departure, Sec- retary Crittenden, who had been acting governor previous to his rather tardy arrival in 1819, served likewise until the appointment of Governor Izard in 1825, and proved liimself an able executive. The annual salary of the governor was two thousand dollars, of the secretary one thousand dollars.
George Izard, son of Ralph Izard, a wealthy and influential South Carolinian, was born in Charleston, September, 1777, and was about forty-eight years old when he became second governor of Arkansas territory. Accompanying his father to Europe, he began his education in Paris, continued it in Germany and return- ing to the United States, finished it at Columbia college. He went into the war of 1812-14 as colonel of the Second artillery and was promoted to be brigadier and later major general and given com- mand of the Northwest frontier. After the war he lived quietly at Philadelphia until he came to Arkansas. He died at Little Rock, November 22, 1828, in a little brick cottage at Spring and Second streets which had been his gubernatorial residence. Ile
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.