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 30
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Robert A. Watkins was secretary of state September 16, 1836, to November 12, 1840; Elias N. Conway was anditor October I, 1836, to May 17, 1841; William E. Woodruff was treasurer, October 1, 1836, to November 20, 1838, and John Hutt, November 20, 1838, to February 2, 1843. The supreme court of the state of Arkansas was organized in 1836 with Daniel Ringo as chief justice and Thomas J. Lacey and Townsend Dickinson as associate jus-
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tices. Albert Pike was the first reporter of the court. Elias Rector was appointed marshal and HI. Haralson, clerk in 1836. The legislature of 1836 elected Ambrose H. Sevier and William S. Fulton the first senators in congress from Arkansas.
Acts of this legislature of great import and of such far reaching influence as could not have been dreamed of at the time, were the creation of the State Bank and the creation of the Real Estate Bank. The state issued bonds to be sold to constitute the banking capital of these historic institutions. After a few years, they both failed, involving the state and many individuals in debt. The constitutional convention had been sharply divided on the bank question. Friends of the measure had urged that the establish- ment of these home banking institutions would drive out of circu- lation in the state the notes of foreign banks and give the Arkansas bank notes a par value .. The opposition, led by Mr. Fowler, the Whig nomince for governor in 1836, had contended that the establishment of banks would create a large debt which the state would ultimately have to pay and that their issue would have little or no value outside the state. After much debate, the bank ordinance was adopted and became a part of the organic law. Like all such enterprises of that day in any of the states, the State Bank was, demoralizing in the financial affairs of the people, encouraging extravagance and debt and, with the appearance of wealth, deceiving men to their ultimate ruin. Its principal office was at Little Rock and it had branches at'Arkansas Post, Batesville and Fayetteville. Maj. Jacob Brown, U. S. A., was its president. The Real Estate Bank was for the purpose of loaning money on real estate security. Up to that time, the American farmer had not learned to base his efforts upon anything except labor. Ii, while his crop was maturing, he needed subsistence he went to his merchant and bought the fewest possible necessities on credit. It was an evil hour when he was tempted to become a speculator. Yet there were instances in which loans on real estate resulted in enabling men to make finely improved cotton plantations. But the rule was to get the people in debt and at the same time exhaust the cash in the bank. The bank could collect no money, and the real estate owner was struggling under mortgages he could not pay. Both lender and borrower were sufferers, and the double infliction of a public and individual indebtedness was upon them. The Real Estate Bank made an assignment in 1842, and was long the source of much litigation. It practically ceased to do business years before it had its doors closed and was wound up and the titles to such lands as it had become the possessor of passed to the
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state. Its principal office was at Little Rock, and branch offices were established at Columbia, Helena, Van Buren and Washing- ton. John Wilson was its president.
The constitution of 1836 had recognized the importance of popular education and made it the duty of the general assembly to provide by law for the improvement of such lands as had been or might be granted by the United States for the use of schools, and to pass such laws as should be calculated to encourage intel- lectual, scientific and agricultural improvement. March 2, 1827, congress had given the territory, seventy-two sections of land for the purpose of establishing a "seminary of learning." A supple- mental act was passed by congress, June 23, 1836, one week after Arkansas became a state, offering certain propositions for accept- ance or rejection ; that one section of land in each township, the sixteenth if that had not been disposed of, should be granted to the state for school purposes ; that twelve salt springs be reserved for the use of the state; that five per cent of the net proceeds of the sale of government lands in the state, expenses deducted, be reserved for constructing roads and canals; that five sections of land be granted to complete public buildings; that two townships be granted for seminary purposes ; that the state should not tax government lands or interfere in their sale; that non resident proprietors be taxed no higher than resident proprietors; that all bounty lands in the state, granted for services in the war of 1812 should be exempt from taxation for three years from the date of their patents. October 18, 1836, the state accepted the proposi- tions entire; and the legislature passed the act known as "the ordinance of acceptance and compact." There was mich work for this first state legislature. All the machinery of state life was to be put in operation. Public buildings were to be erected. Courts were to be brought into being. Militia was to be provided for. Numerous bills were to be passed to define the duties of officials and to safeguard public interests. The taking of a census must be arranged for. The seal of the territory was adopted substantially as the seal of the state. Madison and Benton counties were created September 30, 1836. A. W. Lyons, from Nassau Hall, N. J., taught a famous school at Batesville in 1836. The first academy to be incorporated was at Batesville in September, the second was at Fayetteville, in October, 1836. These were the pioneers of ninety-one academies and seminaries, incor- porated between 1836 and 1860.
An adjourment of the legislature was had November 8, 1836, until November 6, 1837. Then the legislature was in session
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until March 5, 1838. The president of the senate was Sam. C. Roane, the secretary, N. J. Greer. The speaker of the house was John Wilson, the clerk was Samuel HI. Hempstead.
Mr. Wilson was expelled December 4, IS37, for killing J. J. Anthony and Grandison D. Royston was elected in his stead. The territorial legislature, in common with all other legislatures of that day, had passed some laws which would have been much better not passed and others that remamed a dead letter on the books. Among other good laws which were never enforced was one against dueling. Not all of the personal "affairs" of Arkansas have a legitimate place in the history of the state. The writer does not intend even to mention them all. The unfortunate encounter by which the new capitol was baptized in blood took place on the floor of the legislative hall, December 3, 1837. It has been seen that John Wilson was several times speaker of the territorial legislature and that he was president of the constitu- tional convention of 1836. He was a leader in the Jackson party. Mr. Anthony aspired to leadership in the Whig party. Unfriendly feelings had grown up between the two men. Anthony angered Wilson by a tantalizing reference to the Real Estate Bank. Wilson was indicted by the grand jury for murder in the first degree, but upon a change of venue to Saline county, was acquitted on the grounds of "excusable homicide," a verdict that, though it appeared that Anthony had had a knife in his hand when he received Wilson's fatal thrust, sent a thrill of indignation throughout the state. He returned to his home in Clark county, but was not welcomed by his old neighbors and went to Pike county, whence, in 1842, he was sent to the legislature, where he tried to rehabilitate himself and might have succeeded had not his ill temper betrayed him into menacing the Hon. Lorenzo Gibson of Hot Spring county, with a knife. Doctor Gibson, had taunted him with the murder of Anthony, but the situation recalled the tragedy too vividly. Wilson had come to Arkansas from Ken- tucky, a very young man, in 1820, and had displayed great native ability and a talent for politics and large affairs and had it not been for his ungovernable temper, he might have risen to almost any place of eminence in the state. At that time, politics among the active of each faction meant personality. It was little else than open war, and the frontier men of those days generally went armed. Mr. Wilson removed to Texas not long after the scene last referred to, locating at Cedar Grove, near Dallas, where he died soon after the Civil war. Ilis wife was a Hardin, of the noted family of Kentucky, a sister of Joseph Hardin, of Lawrence
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county, who was speaker of the first house of representatives of the territorial legislature.
Franklin county was created December 19, 1837; Poinsett county, February 28, 1838. The state library was started March 3, 1838. At first solely a reference and exchange medium, it now has an annual allowance for purchasing books and contains more volumes than can suitably be accommodated. The supreme court library was not established till January, 1851. Its volumes include all the reports and the leading law works. Besides the officers mentioned, the members of the historic legislature of 1836 and 1837-38 were as follows: Senators : Arkansas and Jefferson counties, S. C. Roane; Chicot and Union, John Clark; Carroll, Searcy and Izard, C. R. Sanders; Conway and Van Buren, A. Kuykendall; Crawford and Scott, R. C. S. Brown; Crittenden and Mississippi, W. D. Ferguson; Hempstead and Lafayette, George Hill; Independence and Jackson, J. Ringgold; Johnson and Pope, J. Williamson ; Lawrence and Radolph, Robert Smith ; Phillips and Monroe, James Martin ; Pike, Clark and Hot Spring, . A. E. Thornton ; Pulaski, White and Saline, R. C. Byrd; Sevier and Miller, J. W. McKean ; St. Francis and Greene, M. W. Izard; Washington, W. McK. Ball, R. McCamy. House of representa- tives: Arkansas county, James Maxwell, James Smith ; Carroll, 1 .. B. Tully, W. D. Reagan; Chicot, D. L. F. Royston, A. II. Davies; Clark, John Wilson ; Conway, John Linton; Crawford, John Drenan, John Lautor, A. Morton; Crittenden, C. N. Blake- more, J. Calvert ; Greene, Alex. Tucker; Hempstead, J. W. Jud- kins, G. D. Royston ; Hot Spring, S. W. Rayburn ; Independence, T. Dickinson ; Izard, Thomas Culp; Jackson, R. Tiklwell; Jeffer- son, W. Phillips; Johnson, E. B. Alston, Sam Adams; Lawrence, J. Hardin ; Miller, A. G. Milton ; Mississippi, P. H. Swain ; Mon- roc, Isaac Taylor ; Phillips, J. C. P. Tolleson, J. J. Shell; Pike, Asa Thompson ; Pope, M. G. H. Teevault, J, J. Moose; Pulaski, J. H. Cocke, R. C. Byrd; Randolph, W. Pibourn, J. Anthony ; Saline, Charles Caldwell; Scott, James Logan; Searcy, B. C. Brown; St. Francis, P. Little, C. Frank ; Union, A. J. May ; Van Buren, Luke Grimes; Washington, A. Whinnery, James Boone, j. C. Blair, J. M. Iloge; White, Martin Jones. For the special session, 1837-38, W. B. Moody was elected in place of J: M. Hoge ; John Bruton in place of M. G. II. Teevault; D. M. Mason in place of John Linton ; Beal Gaither in place of L. B. Tully ; W. S. Lockhart in place of Charles Caldwell ; J. W. Calvert in place of F. Little ; W. S. Bradley in place of A. J. May ; W. F. Moore in place of J. C. P. Tolleson ; T. M. Collins in place of C. M. Blake-
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more ; C. H. Moore in place of Rowland Tildwell; Peter Hanger in place of D. L. F. Royston.
In November, 1838, four Masonic lodges from Fayetteville, Little Rock, Washington and Arkansas Post, met at Little Rock and established a Grand Lodge. The first grand master was William Gilchrist and the first grand secretary, George C. Watkins.
The second state legislature was held November 5, to December 17, 1838. Senate: President-Mark W. Izard ; secretary-J. M. Stewart. House of representatives: Speaker-Gilbert Marshall; clerk-Samuel Il. Hempstead. This legislature passed an act prohibiting cities, towns or corporations from issuing shinplasters or notes or bills designed for circulation in lieu of money. It authorized the sale of the state's seminary lands previously referred to. It created Desha county, December 12, and Searcy county December 13, 1838. It chartered numerous stock com- panies including several turnpike and railroad companies which proposed to make public improvements which they never brought into existence. It promulgated the then new revision of the state laws. Sam. C. Roane and William McK. Ball had, in 1836, under the authorization of a legislative enactment, been appointed by Gov. ernor Conway to revise and arrange the statute laws of the state and prepare a code of civil and criminal law by which its people should thereafter be governed. This work, with notes and index by Albert Pike, was now ready for distribution. An appropria- tion was made for a state penitentiary at Little Rock. The build- ings completed in 1842, cost with the ground on which they stood, seventy thousand dollars. The arsenal at Little Rock was now in course of construction. Its erection had been begun by the government in 1836. It became a store house for arms and ammunition and became in the Civil war a point of much import- ance. In 1818, the name of Fort Smith was given to a military post that had been established at Belle Point the previous year. A stockaded blockhouse had been erected. When the territorial line was moved west forty miles, old Fort Smith was abandoned and Fort Gibson was built and occupied in its stead. In 1837 the government bought 300 acres of land at Fort Smith and estab- lished there a new fort and a national cemetery. Temporary forti- fications occupied by Captain Belknap while the new fort was being constructed were known as Fort Belknap. Fort Smith has been occupied by troops since 1842 and Jefferson Davis, Gen. Zachary Taylor, General Arbuckle, Gen. Winfield S. Hancock and Gen. B. 1 .. E. Bonneville were early in authority there. The
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latter is the original of a character in Washington Irving's "Sketch Book."
In August, 1839, Edward Cross was elected to succeed Archibald Yell as representative in congress. By re-election he was continued in office till 1845. In the spring of 1840 the bound- ary line between Arkansas and the republic of Texas was estab- lished by commissioners appointed by their respective legislatures. Dr. John R .. Conway, a brother of Governor Conway, was the commissioner making the survey on the part of Arkansas. The line was surveyed from the thirty-third degree of latitude, on the northern boundary line of Louisiana, north to Red river. By this survey a large part of Miller county was found to be within the limits of Texas and was thus authoritatively cut off. The line thus established is the present boundary line between the two states.
In the thirties, when the Indians were taken from their Eastern reservations through Arkansas to new ones in Indian territory, . most of them were peaceable and whites along their line of march had little of which to complain except some petty stealing. Every possible precaution was taken against any of the savages obtaining liquor enroute, but this could notalways be prevented. At Fayetteville, a grocer sold whiskey to the Indians and to white men in the town and a number of both races became intoxicated. A white man insulted a Cherokee woman, an Indian named Nelson Orr interfered in her behalf and the white man killed him. The Cherokees refrained from attacking the town only when assured that the slayer of their companion had fled. "This incident," says Shinn, "divided the citizens of Fayetteville into two factions, for and against the murderer; it led to other murders and gave the town much trouble for many years thereafter." About 1838, trouble between rival factions in the Cherokee nation, assumed alarming proportions and in 1839 culminated in the assassination of several of the leaders of one of the factions. Lawless white men settled on the line between Arkansas and Indian territory to sell whiskey to the Indians and to plunder reds and whites alike. With "groceries"-so their buildings were called -- that literally "straddled" the state and territorial line. these miscreants by walking from one end of the room to the other were able to defy officers with warrants from either side. In the summer of 1839, William Wright's house on Cane Hill, Wash- ington county, was burned and Wright and five children were killed. Mrs. Wright escaped and soon an alarm of an Indian attack was sent in all directions, for the murderers of her husband and chil-
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dren had been dressed and painted as Indians. Hundreds of people gathered at Boonesboro next day. It was learned that white men had done the murderous work. Thirty-six reputable men, two of them ministers of the gospel, organized themselves into a vigil- ance committee. On the 29th of July, more than 1,000 persons witnessed the hanging, without due form of law, of Ellery Turner, John Richmond and James Barnes. The committee did not relax its vigdance. Another of the murderers, William Baily, who had left the state, returned to Little Rock and was sent for, tried and hanged. The verdict of good citizens ever since that day has been that the work of this committee of thirty-six was no less just than thorough and that, while devoid of legal form, it was for the public good and the public safety. Yet, misrepre- sented, it has been made much of by writers whose highest aim has been to write something sensational about Arkansas.
Archibald Yell, Democrat, was elected second governor of the state of Arkansas in 1840 and inaugurated November 4, serving until in April, 1844. Governor Yell was born in North Carolina in 1797 and became governor at the age of forty-three. While yet young, he located at Shelbyville, Tenn., whence, in January, 1831, he came to Little Rock, to fill the position of receiver of public moneys in the land office, which he resigned late in 1832. In 1833 he entered upon the practice of law at Little Rock and in 1835 was appointed judge of the superior or United States court of Arkansas territory. He represented the state of Arkansas in congress 1836-40 and was governor 1840-44. In 1846, while serving again in congress, he accepted the command of an Arkan- sas cavalry regiment in the Mexican war and was killed at Buena Vista, February 23, 1847. He was succeeded in congress by Thomas W. Newton, chosen at a special election in 1847. Mr. Newton, who had been Governor Yell's private secretary, was the only Whig ever elected to congress from Arkansas. Governor Yell was buried on the field and in 1847 was reinterred in Arkansas. At Fayetteville, where he had lived and was loved as friend and neighbor, a fitting monument has been erected to his memory.
D. B. Grier was secretary of state, November 12, 1840 to May 9, 1842, and was succeeded by John Winfrey who served until August 9, 1842, from which date, Mr. Grier filled the office until his death, September 3, 1859. Elias N. Conway was state auditor October 16, 1836, to May 17, 1841. A. Boileau filled the office May 17, 1841, to July 5, that year, and from the latter date until January 3, 18.19, it was again filled by Mr. Conway. John Hutt
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was state treasurer, November 20, 1838, to February 2, 1843. John C. Martin, February 2, 1843, to January 4, 1845. Robert W. Jolinson became the first attorney-general of the state in 1843. George W. Paschal became an associate justice of the supreme court in 1842, W. K. Sebastian in 1843.
W. K. Sebastian became judge of the courts of the First judicial circuit, November 19, 1840, and served till appointed to the supreme bench. J. C. P. Tolleson became judge on this circuit February 8, 1842; John T. Jones, December 2, 1842. A later judge on this circuit was Thomas B. Hanley. In 1840, Isaac Baker became judge of the Second circuit, November 23; Thomas Johnson, of the Third circuit, November 13; J. M. Hoge, of the Fourth circuit, November 13; J. J. Clendenin of the Fifth circuit, December 28; William B. Conway, of the Sixth circuit, December 19, and R. C. S. Brown of the Seventh circuit. S. S. Tucker became prosecuting attorney on the First circuit, January 20, and W. S. Mosley, November 14, 1842. In that year, John S. Roane became prosecuting attorney on the Second circuit, November 15; N. Haggard, on the Third circuit, November 13; Alfred M. Wil- son ou the Fourth circuit, November 13. R. W. Johnson became prosecuting attorney on the Fifth circuit, December 29, 1840; G. D. Royston, on the Sixth circuit, November 11, 1840, and John M. Wilson, on the Seventh circuit, November 20, 1840. A. J. Grier, became prosecuting attorney on the First circuit, November 9, 1841. Alonzo Thomas assumed the duties of prosecuting attorney on the First circuit, August 5, and W. N. Stanton, December 2, 1842. Samuel Wooly became prosecuting attorney on the Second circuit, September 19, 1842; O. F. Rainey, on the Sixth circuit, June 12, 1842; and on the Third circuit, S. S. Tucker became prosecuting attorney January 20; Samuel H. Hempstead, in Feb- ruary, and A. R. Porter, December 2, 1842. In 1843, John Field became judge of the Sixth circuit, February 2; J. W. Bocage pros- couting attorney on the Second circuit, November 29. and N. M. Foster, prosecuting attorney on the First circuit, December 4. Isaac T. Tupper became prosecuting attorney on the Sixth circuit, January 18, 1844, and George Conway became judge of the Sixth circuit, August 1, 1844.
The third legislature was held November 2 to December 28, 1840. Senate: President-Mark W. Izard; secretary-John Widgery. House of representatives: Speaker-George Ilill; clerk-S. S. Tucker. This legislature passed acts regulating the Real Estate Bank, donating forfeited lands within the state to settlers, making provision for levee construction on the Missis- sippi in Chicot county, and authorizing the governor to sell the
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seminary lands. Well county was created December 5, and Bradley and Perry counties December 18, 1840.
The census of 1840 gave Arkansas a population of 97,574, an increase of 67,186 since 1830. Coal mined at Spadra was in 1841 burned in a fireplace in a basket grate; a large load of the coal was soon brought from the mine. Small manufacturers began to flourish and a hat factory was put in operation. In 1841, the general government donated to the young state, half a inillion acres of land to be sold to make a fund for internal improvements. In due time the proceeds were expended to improve roads and waterways. William M. Harrison, fourteen years a supreme judge of the state, taught school at Columbia, Chicot county, in 1841. John Anderson, graduate of Belfast, had a celebrated school at Spring Hill. Senator Garland was a stu- dlent there. The father of Judge S. W. Williams, Rev. Aaron Williams, gained distinction teaching and preaching throughout the state. Rev. J. W. Moore and Jesse Brown were noted early teachers. Moses Eastman taught in the state about sixty years. Mr. Ingham was a famous teacher at Searcy. . Joseph Desha Pickett, afterwards state superintendent of public instruction in Kentucky, had a school at Little Rock.
The fourth legislature was held November 7, 1842, to February 4, 1843. Senate: President-Samuel Adams; secretary-Jolin Widgery. House of representatives: Speaker-W. S. Oldham; clerk-S. S. Tucker. The general assembly of 1842 established a system of common schools in the state, by an act which became a law February 3. 1813. providing for the sale of the sixteenth section, and election of school trustees in each township, to expend the money from the sale of land in the cause of education. The act required schools to be maintained in each township "for at least four months in each year," and provided that orthography, reading, writing, English grammar, arithmetic and good morals should be taught. The trustees were required to visit the schools once in each month, and the school age was fixed at from five to twenty-one years. The act also provided for the establishment of manual labor schools. It went to the extent of appropriating a sum of money for the purchase of text-books. This was a long step in advance of any other state at that time. To the fund arising from lands, the act added "all fines for false inprisoninent, assault and battery, breach of peace, etc. This act of the assembly is an enduring monument to the men of that legislature. Under this law the reports of the county commissioners of education were ordered to be made to the state auditor, but no such reports
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can be found in the state archives. A state board of education was provided for and the board was required to make a complete report of educational matters, and also to recommend the passage of laws for the advancement of the cause of education. The intro- duction of the system was at the time impossible. The whole wealth of the state was twenty-two million dollars, the total tax collected for all purposes was thirty thousand dollars. The law helped the schools then in existence and it made the people think. Ouachita county was created November 29, Montgomery county December 9, Newton county December 4 and Fulton county December 21, 1842. The legislature of 1842-43 authorized a geological survey of the state, but the work was not begun until 1857. It was finished in 1858, and its results were made public in "A Geological Reconnoissance of the Northern Counties of Arkansas" by David Dale Owen, principal geologist. In Febru- ary, 1843, high water again devastated the Red river country and destroyed numerous Imman lives. Captain Crooks, with his steamer, "Hunter," rescued more than roo persons. The steamer "Napoleon" rescued others. Some were necessarily left to per- ish. Some died before help arrived. The calamity afforded examples of personal heroism. The northern boundary line of Arkansas, or dividing line between Arkansas and Missouri, was surveyed for the second time, 1843-45, by Davis Thompson, com- missioner for Arkansas, and Governor Dunklin first, and after his death, Dr. George Penn, commissioner for Missouri.
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