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 31
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After Governor Yell resigned, April 1844, Samuel Adams of Johnson county, president of the senate and next officer in rank, was acting governor until the following November. Mr. Adams was born in Virginia, June 5, 1805, and was in his thirty-ninth year. when he assumed gubernatorial responsibilities. He grew to maturity in Tennessee and settled in Johnson county, Ark., in 1835, where he lived until 1846, when, having been elected state treasurer, he moved to Little Rock. He died in Saline county, February 27, 1850. In his message to the legislature of 1844-45, Acting Governor Adams announced that, of two hundred and eighty-eight thousand four hundred and twenty dollars appro- priated by the previous legislature for government maintenance, only one hundred and sixty-three thousand and five dollars had been expended, leaving on hand one hundred and twenty-five thousand four hundred and twenty dollars subject to the control of the incoming general assembly.
'The year 1844, brought on an exciting gubernatorial campaign. The Democratic convention named Elias N. Conway for governor
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and David 1. Chapman for congress. Mr. Conway declined to make an active canvass. Mr. Chapman was offered his place on the ticket and refused it and the llon. Thomas S. Drew, of Ran- dolph county, was nominated. Archibald Yell became the Demo- cratic nominee for congress. Dr. Lorenzo Gibson, of Hot Spring county, and David Walker, of Washington county, were the Whig nominees for governor and member of congress respectively. Mr. Drew received a plurality of 1,731 in a total vote of 17,384. Thomas Stevenson Drew, third governor of the state of Arkan- sas, was born in Tennessee August 25, 1802, and was descended from the Drews of Virginia. Ile settled on the Ouachita river, about twenty miles from Camden, in 1818. He was clerk of Clark county 1823-25 and represented Lawrence county in the constitutional convention of 1836. Becoming governor at about the age of forty-two years, he was re-elected in 1848 and resigned soon after his second election for the reason, as he stated, that the salary of his office was not large enough for the maintenance of his family. In 1879 he died near Lipan, Tex.
John Williamson was acting governor from April 9 to May 7, 1846; Richard C. Byrd from January 11 to April 19, 1849. D. B. Grier was secretary of state, November 12, 1840, to September 3, 1859, except during a short time in 1842. Elias N. Conway was state auditor, July 5, 1841, to January 3, 1849. J. C. Martin was state treasurer, February 2, 1843, to January 4, 1845; Samuel Adams, January 4, 1845, to January 2, 1849. George C. Watkins succeeded Robert W. Johnson as attorney general, October I, 1848, and served until February 7, 1851. Thomas Johnson became chief justice of the supreme court in 1844; W. S. Oldham and Edward Cross became associate justices in 1845; Wilham B. Conway became an associate justice in 1846, David Walker in 1847, C. C. Scott in 1848. Luke E. Barber was clerk of the supreme court, 1845-68, 1874-86. Elbert H. English was supreme court reporter, 1846-53, and was succeeded by Luke E. Barber. Judge English was in 1846 authorized by the legislature to make a new codification and annotation of the state laws and Samuel H. Hempstead was appointed examiner for the preparation of this volume.
William B. Conway became judge of the Third judicial district of the state of Arkansas, November 15, 1844, and J. M. Tebbetts became prosecuting attorney on the Seventh circuit, December 5, 1844. W. H. Sutton became judge of the Second circuit, January 11, 1845, and S. G. Sneed became judge of the Fourth circuit, November 18, 1845. A. B. Greenwood became prosecuting attor-
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ney on the Fourth circuit, January 4, 1845, and George C. Wat- kins on the Fifth circuit, January 11, 1845. W. C. Scott became judge on the Third circuit, December 11, 1846; W. H. Field, on the Fifth circuit, December 24, 1846; W. W. Floyd of the Seventh circuit, November 30, 1846, and C. C. Scott of the Eighth circuit, December 2, 1846. S. B. Jones became prosecuting attorney on the Second circuit, April 20, 1846; S. C. Walker, on the Third circuit, December 2, 1846. A. W. Blevins became prosecuting attorney on the Sixth circuit, January 11, 1847; Richard Lyons on the eighth circuit, February 5, 1847. William. Davis became judge of the Eighth circuit, July 3, 1848. By an act approved December 29, 1848, the state was divided into six circuits, hence the Eighth circuit was abolished by operation of law. Josiah Gould became judge of the Second circuit, February 26, 1849, and on the same date T. F. Sorrells became prosecuting attorney on that circuit. J. J. Clendenin became prosecuting atorney on the Fifth circuit, February 17, 1849, and served until September, 1854. John Quintin became judge of the Sixth circuit, March 2, 1849. A. 11. Ringo became prosecuting attorney on the First circuit, March 2, 1849, and A. H. Byers became prosecuting attorney on the Third circuit, March 5, 1849. In August, 1844, Sen. William S. Fulton died and was succeeded by Chester Ashley to serve the umexpired part of his term.
The fifth legislature was held November 4, 1844, to Janu- ary 10, 1845. Senate: President-John Williamson ; secretary- John M. Koss. House of representatives: Speaker-John S. Roane; clerk-S. S. Tucker. December 18, 1844, the general assembly asked congress for a modification of the seminary grant, so as to authorize the legislature to appropriate these seventy-two sections of land for common school purposes. Congress assented to this on July 29, 1846, and the lands were added to the free school fund. The Far West Seminary in Washington county was established in 1844. Polk county was created December 30, 1844, Dallas county, January 1, 1845.
Since 1837 a proposition to annex Texas to the United States had been favored by the South and opposed by the North, chiefly for the reason that if admitted to the Union it would be a slave state. Its independence of Mexico had been recognized by the United States, England, Holland and France. It had not been formally acknowledged but it had been constructively admitted by Mexico. Arkansas had from the first favored annexation and very carly the territorial legislature had called on Arkansas senators to vote for any measure calculated to promote that end, and Sena- tor Ashley had made an able speech, urging the admission of our
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sister republic as a state. Congress admitted Texas, December 29, 1845, regardless of a notification from Mexico that such action would be regarded as cause for war, and, by instruction of Presi- dent Polk, General Taylor established himself on the Texas side of the Rio Grande, opposite Matamoras, to defend Texas soil from Mexican invasion, and war was begun by Mexico by attacks on Fort Brown, within General Taylor's lines and on other points. At Fort Brown, Maj. Jacob Brown, first president of the State Bank, was killed.
The people of Arkansas were filled with the war spirit and the state responded promptly to the president's demand for troops, sending its quota, a regiment for service in the field and a bat- talion for border service. More companies were organized in the state than the war department could accept. Companies from Lawrence, Independence, Washington, Sebastian, Pope, Craw- ford, Hempstead, Sevier, Franklin, Saline, Hot Spring, Phillips, Johnson, and Pulaski counties marched to Washington, Hemp-, stead county, where they were formed into a regiment enlisted for twelve months, with Archibald Yell as colonel, Jolin Selden Roane as lieutenant colonel, Solon Borland as major, Gaston Mears as adjutant, Josiah Houston as sergeant-major, Dr. Craven Peyton as surgeon and William Qnesenbury as quartermaster. Colonel Yell had enlisted in Captain Borland's company as a private. The total number in this regiment, the First regiment of Arkansas cavalry, was 870. The battalion for the defense of the frontier against Indian incursions to garrison forts vacated by the United States regular troops who moved to the seat of war, consisted of 478 men, and was commanded by Lieut. Col. William Gray with Caleb Davis as adjutant and Oliver Basham as sergeant major. Two companies of the Twelfth United States infantry regulars enlisted for the war or longer were recruited from the state, and one of them including about thirty men recruited at and near Little Rock by Second Lient. Alden M. Woodruff, was com- manded by Capt. Allen Wood of Carroll county. The total num- ber of troops furnished by the state of Arkansas in this war was about 1,400 men.
Colonel Yell's regiment was early put into active service. In January, 1847, thirty-five of its members, with Major Borland and Captain Danley. were made prisoners of war by General Minon's cavalry at the Hacienda of Encarnacion and were inhumanly con- fined until near the end of the war. Eleven of them died. A small detachment of Kentucky soldiers, among them Lieut. (late gen- cral and governor) Thomas J. Churchill, shared their hardships.
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In the principal battle of the war, at Buena Vista, February 23, 1847, in which General Taylor gained a complete victory over a greatly superior force of Mexicans, the First regiment of Arkan- sas cavalry participated most gallantly and Colonel Yell was killed, together with Capt. Andrew Porter; and Corporal Saun- ders, the standard bearer of Company "D," John Pelham and a number of others were either killed or wounded. Lieutenant Colonel Roane, upon whom the command of the regiment devolved, reformed its lines and checked the deadly onslaught of the Mexican lancers. Eighty-four members of the regiment re-enlisted at the expiration of this term of service, in a company commanded by Capt. Gaston Mears, the regiment's adjutant, and served until the end of the war. Capt. Allen Wood and the Twelfth regiment United States infantry regulars fought bravely at Contreras and Cherubusco and in recognition of his services, Captain Wood was breveted a major.
Soon after the end of the war, Albert Pike, in a Little Rock newspaper, criticised the conduct of a part of the Arkansas regi- . ment at Buena Vista, and Lieutenant-Colonel Roane, considering that he had been thus personally affronted, challenged the soldier- poet. A meeting took place in Indian territory, opposite Fort Smith. After two exchanges of shots, the matter was ended honorably to both parties.
In 1846, Cherokee Indians, dissatisfied with their environments in Indian territory, came over into Benton county and destroyed property and spread alarm among the people. Governor Drew caused Colonel Ogden to send a company of militia cavalry, con- sisting of twenty-three men under command of Capt. Washing- ton A. Alexander, to the scene of the trouble. The soldiers did gnard duty thirty days and meantime, the Indians returned to their reservation without further hostilities. In the summer a desperate attempt of prisoners to escape brought about the burn- ing of the state prison. No one was killed except a convict named Morgan, one of the leaders in the mutiny. The prisoners were put in the Pulaski county jail.
The sixth legislature was held November 2 to December 23, 1846. Senate: President-William K. Sebastian; secretary- John M. Ross. House of representatives: Speaker-Albert Rust ; clerk -- Jonas M. Tebbetts. This legislature created Prairie county, November 25, 1846, and Drew county next day. Novem- ber 9, it re-elected Chester Ashley senator for six years from March 4, 1847. It amended the constitution to authorize the elec- tion of circuit judges and prosecuting attorneys by the people,
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changed the mode of voting at elections from the viva voce sys- tem to the ballot system and provided for the rebuilding of the penitentiary. The penitentiary was rebuilt in 18.19, the ballot law was repealed in 1850. At an election, held January, 1847, by special proclamation of Governor Drew, Thomas W. Newton . was elected to fill out the unexpired term in congress, of the late Colonel Yell, defeating Albert Rust for that honor. At the reg- ular election that fall, Robert W. Johnson, Democrat, was elected to congress. He was twice re-elected, serving until 1853.
Governor Drew was re-elected and again inaugurated in 1848. The seventh legislature was held November 4, 1848, to January 10, 1849. Senate: President-R. C. Byrd ; secretary-John M. Ross. House of representatives: Speaker -- E. A. Warren ; clerk -- Jonas M. Tebbetts. This legislature had three places to fill in the United States senate. Colonel Sevier had resigned to be one of the commissioners of the United States to negotiate peace between the United States and Mexico. Chester Ashley had died after having served one year of his second term. Maj. Solon Borland succeeded Colonel Sevier, Judge W. K. Sebastian suc- ceeded Mr. Ashley, and November 28 Major Borland was elected to succeed himself for a term of six years. Ashley county was created November 30. Colonel Sevier died on his plantation,
December 31, 1848. Born in Tennessee November 4, 1801, hie had come to Arkansas when little more than a boy. Long in public life he had labored ably and successfully for the material development and prosperity of the territory and state. In 1821, when he was not yet twenty years old, he was elected clerk of the house of representatives. His services as member of this body, as its speaker, and as prosceuting attorney, in territorial days, were noteworthy. In 1827, he succeeded Henry W. Con- way in congress and was repeatedly re-elected, serving until 1836. He was elected to the United States senate in 1836 and in 1842, but resigned in 1847 to become minister to Mexico, a position which he soon gave up to again become, this time unsuccessfully, a candidate for the senate. Over his grave in Little Rock is a handsome monument erected by the state in memory of his dis- tinguished public services.
November 10, Governor Drew announced to the legislature his resignation to take effect on the last day of the session. Rich- ard C. Byrd, who became acting governor, January 10, 18.19, issued a proclamation, appointing an election for governor to be held April 19, at which John S. Roane, Democrat, was chosen by a majority of 163, in a total vote of 6,809. Richard C. Byrd was
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acting governor in 1849, John R. Hampton in 1851. During this administration, D. B. Grier was secretary of state. C. C. Danley was state auditor, January 31, 1849, to September 16, 1854. Wil- liam Adams was state treasurer January 2, 1849, to January 10, 1849; John H. Crease January 10, 1849, to January 26, 1855. J. J. Clendenin succeeded George C. Watkins as attorney general Feb- ruary 7, 1851, and filled the office until September 8, 1856. Peter V. Daniel, judge of the supreme court, did circuit court duty 1850-61. In October, 1849, Judge Benjamin Johnson, Federal judge in Arkansas since 1820, died and was succeeded as United States district judge by Daniel Ringo, who served until 1861, and 1851 in the courts of both the Eastern and Western districts. In 1851, the Hon. Jesse Turner was appointed district attorney for the Western district. By an act approved Decem- ber 20, 1849, the state of Arkansas was divided into six judicial districts, hence the Seventh circuit was abolished by operation of law. John C. Murray became judge of the Second circuit, Ang- ust 18, 1851. B. N. Nealey became judge of the Third circuit, February 28, 1851. A. B. Greenwood became judge of the Fourth circuit, March 3, 1851. H. A. Badham became prosecuting attor- ney on the First circuit, March 12, IS51, E. A. Warren became prosecuting attorney on the Sixth circuit, March 3, 1851. C. W. Adams became judge of the First circuit, November 2, 1852.
The college of St. Andrew at Fort Smith was established in 1849.
When Jofin Sheldon Roane became fourth governor of the state of Arkansas, he was abont thirty-two years old. He was born in Tennessee January 8, 1817. He was about twenty years old when he came to Arkansas and settled at Pine Bluff. In 1842 he moved to Van Buren and was living there at the beginning of the Mexi- can war, in which he participated as lieutenant-colonel of the First regiment of Arkansas cavalry, which he commanded after the death of Colonel Yell. He was a brigadier-general of the Con- federate army in the Civil war and died at Pine Bluff, April 7, 1867, aged fifty years.
The population of Arkansas was now 209,879 including a colored population of 47.708. The eighth legislature was held November 4, 1850, to January 13, 1851. Senate: President- Jolin R. Ilampton ; secretary-John M. Ross. House of repre- sentatives : Speaker-T. B. Flournoy ; clerk-Benjamin T. Duval. This legislative session was notable for its warm discussion of the banks and of the relations of the state to the Union. The admission of California as a free state, the annulment of the
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fugitive slave law by certain Northern states and Northern meddling with Southern affairs were condemned and recent con- gressional enactments unfavorable to Southern interests were pro- tested against. While expressing attachment to the Union of states, Arkansas now put herself on record as devoted to the interests of the South as opposed to those of any or all other sec- tions. Calhoun county was created December 6, 1850, Sebastian county, January 6, 1851.
In 1851 congress created the Western district of the United States circuit court with jurisdiction over Indian territory and Western Arkansas and designated Van Buren as its local seat. In 1872 the seat of the court was moved from Van Buren to. Fort Smith. In the Eastern district court is held at Little Rock, Ilel- ena, and Batesville, and in the Western district at Fort Smith and Texarkana. Prior to the year 1880 the district court only was held at Helena and Texarkana, in the Eastern district of Arkan- sas, and at Fort Smith in the Western district, but in January, 1889, a law was passed by congress by which circuit courts were directed to be also held at Helena and Texarkana in the Eastern district, and at Fort Smith in the Western district. Texarkana has since been taken from the Western district by act of congress.
In June, 1849, a grand lodge for Arkansas of the Independent Order of Odd Fellows was established at Little Rock by Far West I,odge, No. 1, Little Rock ; Telula Lodge, No. 2, Helena; Frontier Lodge, No. 3, Forth Smith, and Independent Lodge, No. 4, Batesville. The combined membership of the several organiza- tions was 144. In 1849 and 1850, several parties went from Arkansas, via Cape Horn, to the California gold fields, and in 1850 others went overland. The letters sent back via the cape, each called for forty cents to several dollars postage. That was before the era of cheap postage and postage stamps. Troubles of long duration, the outgrowth originally of political differences between the Tutt and Everett families and their adherents, culmi- nated in a small feudal war, and in 1849 Governor Roane sent a company of militia in command of Capt. Allen Wood to Marion county, to enforce a cessation of hostilities. The Everetts and their followers fled to Searcy county and were followed by Cap- tain Wood and his men and arrested. Though they were forcibly liberated by friends from the jail at Smithville, they realized that the day had come when they must submit to the law and perhaps answer to it for some of the murders they had committed, and they went to Texas. By this time, most of the Tutts were dead. Thus ended the "Marion county war," the only considerable fam-
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ily feud in the history of Arkansas. The State Deaf Mute School was originally organized at Clarksville in 1850, but for lack of funds was forced to suspend. In 1860 at Fort Smith, it was reorganized upon a better basis, but was crushed by war. St. John's College, Little Rock, and Soulesburg College, Batesville, were established in 1850. Academies at Spring Hill and Wash- ington, Hempstead county, and at Rocky Comfort, Sevier county, were efficient and well known.
Elias Nelson Conway was elected fifth governor of the state of Arkansas in 1852 and inaugurated November 16. He was then about forty years old. He was re-elected in 1856 and after delay caused by illness was inaugurated a second time January 15, 1857. This diligent and conscientious public servant, who held the office eight years, was elected as a Democrat by a majority of 3,027 in a total vote of 27,857 and re-elected by a majority of 12,363 in a total vote of 42,861. He was born in Tennessee, May 17, 1812, a younger brother of Henry W. Conway and James S. Conway, and was taken by his father, at the age of six, to St. Louis and later to Glasgow, Mo. He took up his residence in Little Rock in 1833 and two years later became territorial auditor, continuing as auditor of state till 18.49.
D. B. Grier was secretary of state until September 3, 1859, when he died. His successor, Alexander Boileau, served until Janu- ary 21, 1860. C. C. Danley resigned the office of state auditor September 16, 1854. W. R. Miller filled it from that date till January 23, 1855, and from January 23, 1857, to March 5, 1860, A. S. Huey serving from January 23, 1855, to January 23, 1857. John 11. Crease, state treasurer, was succeeded January 27, 1855, by A. II. Rutherford, who filled the office until February 2, 1857, and was succeeded by his immediate predecessor, who, Febru- ary 2, 1859, gave place to John Quindley, who died December 13, 1860. Thomas Johnson succeeded J. J. Clendenin as attorney general, September 8, 1856. J. L. Hallowell became attorney general, September 8, 1858, and served in the office three years.
George C. Watkins became chief justice of the supreme court in 1852. He resigned in 1854 and was succeeded by E. H. Eng- lish, a Confederate. Thomas B. Hanley and F. I. Batson became associate justices of this court in 1858. H. M. Rector became an associate justice in 1859. but each soon terminated his official career by resignation. F. W. Compton who was also called to this office in 1859 was a Confederate and was ousted by Gen. C. II. Smith, military commander of the sub-district of Arkansas, under reconstruction acts. H. F. Fairchild, also a Confederate, was
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associate justice of the supreme court from 1860 until his death. In this administration the Pulaski chancery court, the first chan- ery court in the state, was established. 11. F. Fairchild was chancellor from July 30, 1855, to July 2, 1860, and was succeeded by U. M. Rose. The first clerk of this court was A. J. Smith. Ilis successors until 1874 were Gordon N. Peay, W. HI. Bevens, William Ilunter, E. C. Bronangh and D. P. Upham.
T. F. Sorrells became judge of the Second judicial district of the state of Arkansas, August 22, 1853. F. I. Batson became judge of the Fourth circuit, August 20, 1853. W. P. Grace became prosecuting attorney on the Second circuit, August 22, 1853. H. F. Thomasson became prosecuting attorney on the Fourth circuit, September 6, 1853. Orville Jennings became prosecuting attorney on the Sixth circuit, August 23, 1853. J. J. Clendenin became judge of the Fifth circuit, September 6, 1854, and Liberty Bartlett became judge of the same circuit, Novem- ber 12, 1854. Thomas Hubbard became judge of the Sixth cir- cuit, August 22, 1854. E. W. Gantt became prosecuting attorney on the Sixthi circuit August 22, 1854. George W. Beasley became judge of the First circuit, September 6, 1855. He was succeeded by Mark W. Alexander, who served until August 25, 1858, when E. C. Bronough assumed the duties of the office. March 3, 1859, O. Il. Oates became judge of this circuit and served umtil August 23, 1860, when Judge Bronough succeeded him. L. L. Mack became prosecuting attorney on the First circuit, Septem- ber 6, 1855. W. C. Bevans became judge of the Third circuit, August 23, 1856. A. B. Stith became judge of the Sixth circuit, February 7, 1856. S. F. Arnett became prosecuting attorney on the Second circuit, August 23, 1856; La Fayette Gregg, on the Fourth circuit, August 23, 1856; S. W. Childress, on the first circuit, August 30, 1856; W. K. Patterson, on the Third circuit, August 30, 1856. John C. Murray became judge of the Second circuit, August 22, 1858; Len B. Green, of the Sixth circuit, April 5, 1858. J. 1. Hollowell became prosecuting attorney on the Fifth circuit, September 8, 1858, and served until 1860. Shel- ton Watson became judge of the Sixth circuit, September 26, 1858. J. M. Wilson became judge of the Fourth circuit, February 21, 1859. August 23, 1860, W. R. Cain became judge of the Third circuit, and J. J. Green of the Fourth circuit, and Lincoln Feath- erston became prosecuting attorney on the First circuit. Sam W. Williams became prosecuting attorney on the Fifth circuit, May 10, 1860. August 30 following, D. W. Carroll became prosecut-
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