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 36
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tained and Arkansas was readmitted to representation in congress by an act passed May 13, 1868, over the veto of President John- son. Powell Clayton, Republican, was elected governor March 13, 1868, and inaugurated July 2, that year. Ozro A. Hadley became acting governor January 17, 1871, and served nearly two years.
Powell Clayton, ninth governor of the state of Arkansas, was born in Delaware county, Pa., August 7, 1833, and was about thirty-five years old at the time of his election. In 1855 he went to Kansas and became a civil engineer at Leavenworth. He was a captain in the First Kansas cavalry at the beginning of the Civil war, and afterward lieutenant-colonel, then colonel, of the Fifth Kansas cavalry. He served under General Curtis at Helena and under General Steele at the capture of Little Rock, and as com- mander at Pine Bluff defended that place against the attack of the Confederate forces under General Marmaduke. He was after- ward promoted to brigadier-general for gallantry at Pine Bluff and at Mount Elba. After the war, he remained a citizen of Arkansas, and was governor 1868-71, when he was elected United States senator and served until 1877, since when he has lived at Eureka Spring's, Carroll county. In 1897 he was appointed ambassador to Mexico. From the beginning of the history of the Republican party in Arkansas until to-day he has been its most influential leader.
Robert J. T. White was secretary of state during Governor Clayton's administration. W. R. Miller was succeeded as state anditor July 2, 1868, by J. R. Berry, who filled the office until January 6, 1873. Henry Page, who had held the office by military appointment, was elected state treasurer in 1868 and served until May 24, 1874, when he resigned. J. R. Montgomery was attor- ney-general July 21, 1868, to January 8, 1873. J. M. Lewis was commissioner of immigration and state lands July 2, 1868 to October 15, 1872. Thomas Smith was superintendent of public instruction 1868-73. New associate justices of the supreme court in 1868, under the constitution of that year, were, T. M. Bowen and L. Gregg. J. E. Bennett became an associate justice in 1871; M. L. Stephenson and E. J. Searle became associate justices in 1872. In 1871 Chief Justice Walker was ousted by Gen. C. H. Smith, military commander of the sub-district of Arkansas, under reconstruction acts, and was succeeded by John McClure. William Story became justice of the Western Arkansas district of the Federal court in 1871. J. II. Huckleberry became
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district attorney, Eastern district, 1869; Newton J. Temple became Astrict attorney, Western district, 1872.
July 23, 1868, John E. Bennett became judge of the First judi- cial district of Arkansas; William Story, judge of the Second cir- cuit ; Elisha Baxter, judge of the Third circuit ; M. L. Stephenson, judge of the Fourth circuit; E. D. Ham, judge of the Fifth cir- cuit ; William N. May, judge of the Sixth circuit; John Whytock, judge of the Seventh circuit; E. J. Searle, judge of the Eighth circuit ; G. W. MeCowan, judge of the Ninth circuit : 11. P. Morse, judge of the Tenth circuit. December 12, 1868, J. F. Lowery became judge of the Second circuit. D. D. Leach became prose- cuting attorney on the Second circuit, December 10, 1868; W. A. Inman became prosecuting attorney on the Third circuit, December 8, 1868; Elias Harrell became prosecuting attorney on the Fourth circuit, August 11, 1868; N. J. Temple became prosecuting attor- ney on the Fifth circuit, August 15, 1868; E. W. Gantt became prosecuting attorney on the Seventh circuit, July 31, 1868; J. R. l'ratt became prosecuting attorney on the Eighth circuit, July 23, 1868; J. R. Page became prosecuting attorney on the Ninth circuit, January 9, 1860 and J. MeL. Barton prosecuting attorney on the Tenth circuit, March 29, 1869. C. C. Waters became judge of the First circuit, February 23, 1871, and was succeeded by M. L. Stephenson, March 24, 1871. W. C. Hazeldine became judge of the Second circuit, April 14, 1871. C. B. Fitzpatrick became prosecuting attorney on the First circuit, March 16, 1871, and one week later assumed the responsibilities of the judgeship of the Fourth cirenit. W. H. II. Clayton succeeded Judge Fitzpatrick as prosecuting attorney on the First circuit, March 23, 1871. Charles C. Reid, Jr., became prosecuting attorney on the Sixth circuit, April 30, 1871. George A. Kingston became prosecuting attorney on the Eighth circuit, July 26, 1871. H. King White became prosecuting attorney on the Tenth circuit, April 20, 1871. J. Il. Huckleberry became judge of the Fourth circuit, April 10, 1872. Arch Young became prosecuting attorney on the Fifth circuit, August 24, 1872. Logan Il. Roots and James Hinds were elected to congress to serve 1867-69. Mr. Hinds died and was succeeded by James T. Elliott. In 1868 the congressional candi- dates were Logan H. Roots (Republican), Charles S. Cameron (Democrat ), First district; A. A. C. Rogers ( Republican), James T. Elliott (Democrat), Second district ; Thomas Boles ( Republican ), I. B. Nash ( Democrat ), Third district. Decem- ber 5, Governor Clayton proclaimed Messrs. Roots, Rogers and Boles clected. The legislature elected Alexander McDonald and
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Benjamin F. Rice to the United States senate. Arkansas had not been represented in the Federal congress since 1861.
The seventeenth legislature was held April 2, to July 23, 1868, and from November 17, 1868, to April 10, 1869. Senate: Pres- ident-Lieut .- Gov. J. M. Johnson; secretary-I. W. Carhart. House of representatives: Speaker-Jolin G. Price ; clerk-F. E. Wright. This first legislature under the constitution of 1868 passed most liberal laws to aid railroads and other internal improvements and provided a system of internal revenue laws to meet the new order of affairs. During 1869-71 railroad aid and levee bonds to the amount of ten million four hundred and ninc- teen thousand seven hundred and seventy-three dollars and seven- ty-four cents were issued. This legislature adopted the fourteenth amendment to the Federal constitution according civil rights to negroes ; extended the provisions of the public school law to the colored population of the state; established the Arkansas Indus- trial University and the Arkansas Deaf Mute Institute; removed the School for the Blind from Arkadelphia to Little Rock; repealed the amnesty act ; provided for a revision of the registra- tion act, and enacted a law for the registration of voters.
July 21, 1868, Governor Clayton divided the state into ten mil- itary districts with a mustering and inspecting officer in each dis- trict. These officers were relieved on September 30, at which time thirty-seven companies had been organized with an aggre- gate number of 1,600 men and all had been placed under the com- mand of Gens. Robert F. Catterson, Daniel P. Upham, Thomas J. Hunt, and Col. Samuel Mallory. November 7, the ten districts were abolished and four districts were substituted. The regis- tration of voters had gone on peaceably in all counties of the state and had been completed .. Registration was set aside, October 6, in Ashley, Bradley, Columbia, Mississippi, Lafayette, Greene, Sharp. Craighead, Woodruff, Hot Spring and Sevier counties, and November 1, in Randolph county, thus disfranchising 1,400 registered voters. The vote, as counted, stood as follows: Grant (Republican), 22,112; Seymour (Democrat), 19,078; total 41,190; and the electoral vote was cast for Grant and Colfax, for president and vice-president respectively. November 4, the day after the election, the governor declared martial law in Ashley, Columbia, Bradley, Mississippi, Lafayette, Craighead, Woodruff, Little River, Greene and Sevier counties. According to his proclamation, life and property were insecure in these counties and civil officers were impotent to maintain a semblance of peace ; according to the statement of leading men in the counties such a
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condition did not exist. Lists of "suspected bad characters," con- taining the names of many good and law abiding citizens of the state, were sent from the governor's headquarters to the military commanders, with instructions to arrest the men named therein and deal summarily with them. Collisions of citizens with the militia occurred and many lives were sacrificed. The conduct of the militia was harassing and in many cases it was beyond their authority. The last of the militia disbanded in 1869, and the legislature passed a law absolving them from legal accountability for any acts done in service. This militia war was looked upon by good citizens as a blot on the fair repute of Arkansas, and it was not calculated to popularize the new constitution. When the troops were mustered out, the adjutant general reported that the force employed consisted of 214 commissioned officers, 674 non- commissioned officers and 4,597 men, an aggregate of 5,485. On the other side, there was an unorganized body of electors who claimed a right to vote and denied the right of the authorities to disfranchise them, either by refusing them registration or by putting aside the registration after it had been made. The Repub- lican members of the congressional committee to investigate the troubles in the Southern states said of the registration lawof 1868: "This law seems to vest large discretion in the registrars and thereby opens the door to abuse. The voter is at the mercy of the board without remedy." The Democratic members of the committee, Messrs. Blair, Robinson, Waddell, Beck, Van Trump, Cox, Bayard and Hanks, declared that five of the Southern states (naming Arkansas as one) were free from even the suspicion of lawlessness on the part of their people, "whatever might be the fact as to their rulers." During this period, occurred the war- like "Affair of the Hesper," so known in history. In October, 1868, Governor Clayton sent north and bought 4,000 muskets. At Memphis they were reshipped for Little Rock on the steamer "Hesper." This boat was boarded by a party of masked men, from the pursuing steamer "Nettie Jones," about twenty miles below Memphis, and the gun boxes were broken open and the guns were thrown into the Mississippi. This party was recruited in Memphis by an Arkansan. Sharp county was created by the legislature July 18, 1868, Grant county, February 4, 1869, and Boone county, April 9, 1869. These were the sixty-first, sixty- second and sixty-third counties in the state in the order of their erection.
In 1860-70 the old bonds of the state issued to the State and Real Estate Banks were taken up and new ones issued for the
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amount of the principal and interest to date. The amount so refunded was about two million five hundred twenty thousand dollars. The Holford bonds were also refunded at their full face valne, making an additional indebtedness of one million seven hundred eighty-seven thousand one hundred and twenty-nine dol- lars. To pay the expenses of the militia seventy-five thousand dollars was appropriated. In 186-70 aid was extended to the Memphis & Little Rock Railway Company, the Arkansas Central Railway Company, the Little Rock, Pine Bluff & New Orleans Railway Company, the Little Rock & Fort Smith Railway Com- pany and the Mississippi, Ouachita & Red River Railway Com- pany, to assist them to build and equip their several lines, the total amount of bonds issued for this purpose being five million three hundred fifty thousand dollars, and bonds to the amount of one million nine hundred eighty-six thousand seven hundred and seventy-three dollars were issued to levee boards to build levees along the navigable streams at points of overflow. Thus the debt of the state was raised to eleven million six hundred forty-three thousand dollars.
The policy of the governor did not have the approval of all the leading Republicans of the state. A large number of this party opposed his administration and a coalition with other political cle- ments was made to defeat him. Governor Clayton then, in a public speech, declared himself in favor of removing all political disabilities growing out of the war. His followers were known as "Minstrels ;" his Republican opponents were dubbed "Brin- dles." Each party looked to the Democrats for assistance, and for a year factional warfare made regular political affiliation inseenre throughout the state. In the fall of 1870, O. P. Snyder was elected from the First, John Edwards from the Second and James M. Hanks from the Third district to represent the state in the forty-second congress of 1871-73. Thomas Boles success- fully contested the election of Mr. Edwards, According to the census of 1870, there were in the state 484,471 white and 362,115 colored persons, an increase in total population of 49,021 since 1860 ..
The eighteenth legislature was held from January 2, to March 25, 1871. Senate: President-Lieut. Gov. J. M. Johnson ; secretary-R. L .. Archer. House of representatives: Speaker- C. W. Tankersley ; clerk-J. R. Richards. An important duty of this legislature was to elect a successor to U. S. Sen. Alexander McDonald, whose termin would end March 4, that year. The Republicans, comprising the majority in the body, favored the
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cection of Governor Clayton to that office. Lieutenant-Governor Johnson had developed an opposition to the policy of his superior, and it was not deemed politic to advance him to the head of the state government. Mr. Johnson had declined to resign his office, an attempt to oust him by quo warranto proceedings came to nothing, and a proposition to impeach him was defeated in the house. So long as Mr. Johnson's succession was possible, Gov- ernor Clayton declined to consider the senatorship. At length an arrangement was made by which, March 14, Mr. Johnson resigned the lieutenant-governorship and succeeded Robert J. T. White as secretary of state and Sen. Ozro A. Hadley, of Pulaski county, was elected president of the senate. On the same day, Governor Clayton resigned and Mr. Hadley became acting governor. Mr. Hadley was born in Chatauqua county, N. Y., June 30, 1826, and was a farmer in Minnesota 1855-59. He became a merchant in Little Rock in 1865. Ten years later, after having been acting governor, he became register of the United States land office at Little Rock. He was postmaster at Little Rock 1878-81, and in 1882 took up his residence in Colorado.
The session of 1871 was one of almost unparalleled bitterness and turmoil. The coalition of a small but able and obstinate Democratic contingent with the Liberal Republican membership, constituted, not a majority, but an opposition with which the Rad- ical Republican forces had seriously to reckon. Threats of impeachment were rife. The seats of one senator and several members of the house were contested. Among the noteworthy laws passed by this body were three to create the counties of Sarber ( Logan ), Nevada and Lincoln ; one to bond the state for the public debt ; one to provide for the making of a new digest of the state laws with annotations ; one to provide for the collec- tion of the school fund ; one to provide for building and repairing public levees ; one to provide for the issue of interest bearing cer- tificates on bank note paper ; one to establish criminal courts ; one to authorize the bonding of counties for the building of jails and courthouses and an act providing an amendment to the constitu- tion, which when adopted, should be substituted for one which provided for an extensive disfranchisement of citizens. The gov- ernor, in furtherance of his conciliatory policy, had recommended to the legislature that the disabilities of Confederates be removed. During this year, the public peace was assailed by the "Pope county war," and by the rioting of two mobs of armed and menac- ing negroes at and near Osceola, Mississippi county. One of those mobs was dispersed by the persuasiveness of the Ilon. II. M.
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Mc Veigh, the other by the armed opposition of a party of white men under the leadership of Capt. Charles Bowen. The trouble in Pope county appears to have grown out of a combination of personal animosities with political differences and resulted in the killing of several people. It was investigated by the legislature and threatened with suppression by martial law, but seems to have spent its fury and come to an inevitable end.
In 1871-72 the St. Louis, Iron Mountain & Southern Railroad was finished from the Missouri line to Little Rock. This road was chartered in 1854, as has been stated, under the name of the Cairo & Fulton Railroad. In 1873-74 it was extended to Tex- arkana. Late in 1871 the buildings of the Arkansas Industrial University were completed and on January 22, 1872, the univer- sity opened its doors to students. Prof. N. P. Gates, the first president, was assisted by a faculty of eight professors. The number of students the first year was about one hundred. This was the promise, if not the immediate fulfillment, of one. of Arkansas' most important state institutions.
In 1872, the regular Republican party nominated Elisha Baxter for governor and the Reform Republicans nominated Joseph Brooks. The Democrats had no candidate. The contest resulted in Mr. Baxter's favor. Mr. Brooks contested the election before the legislature, but it declared for Mr. Baxter, and he was inaugu- rated January 6, 1873. Governor Baxter received a majority of 29,048 in a total vote of 80,721. In the presidential election that year, Arkansas gave Grant (Republican), 41,377 votes; Greeley ( Insion ), 37,927 ; total, 79,30.1.
Elisha Baxter, tenth governor of the state of Arkansas, was born September 1, 1827, in Rutherford county, N. C., and was about forty-five years old when he was called to this high office. He had lived in Arkansas since 1852. For a time he had been a merchant at Batesville and later he had worked as a printer in the office of the Independent Balance, a newspaper then issued at Batesville, and studied law. He gradually acquired a law prac- tice and was twice elected a member of the legislature. As a Union man, he opposed the war but at first maintained a discreet neutrality and took no part in it. Annoyances to which he was subjected caused him to go to Missouri for safety. There he was captured by Confederates and was paroled by Colonel New- ton and ordered by him to report to General Holmes at Little Rock, where, by Confederate authority, he was arrested and imprisoned. Being threatened with indictment for treason, he escaped and went to Jacksonport, where he recruited a Union
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regiment of which he was elected colonel. On the establishment of the Murphy government, 1864, he was elected a judge of the supreme court. In 1868 he became a registrar in bankruptcy and later that year was appointed judge of the Fourth judicial circuit. The latter office lie resigned to become governor. He had filled all these offices faithfully and efficiently.
J. M. Johnson, who had succeeded Robert J. T. White as secre- tary of state, March 14, 1871, served in that office until Novem- ber 12, 1874. Stephen Wheeler succeeded J. R. Berry as state auditor, January 6, 1873, and filled the office until November 12, 1874. Henry Page was state treasurer through Governor Bax- ter's administration. T. D. W. Yonley succeeded J. R. Mont- gomery as attorney-general January 8, 1873, and served until May 22, 1874. W. H. Grey became commissioner of immigration and state lands October 15, 1872, and officiated in that capacity until June 5, 1874. J. C. Corbin succeeded Thomas Smith as superintendent of public instruction July 6, 1873, and filled the office until December 18, 1875. S. R. Harrington was Federal district attorney, Eastern district, 1873-77; W. H. H. Clayton, Western district, 1874-89. John McClure, chief justice of the supreme court, was removed from office in 1874 and was succeeded by E. H. English, who died in 1884. David Walker and W. M. Harrison were elected and J. T. Bearden was appointed associate justice in 1874. W. I. Warwick became judge of the Pulaski chancery court, April 28, 1873 ; J. R. Eakin succeeded Judge War- wick November 6, 1874.
'T. G. T. Steele became judge of the Eighth judicial district of the state of Arkansas February 23, 1873. W. H. H. Clayton became judge of the First circuit and James W. Butler judge of the Third circuit, March 10, 1873, and April 26, 1873, J. T. Elliott became judge of the Ninth circuit; J. W. Fox, judge of the Eleventh circuit ; P. C. Dooley, judge of the Twelfth circuit ; M. D. Kent, judge of the Thirteenth circuit ; George A. Kingston, judge of the Fourteenth circuit; J. D. Belden, judge of the Fif- teenth circuit; Elisha Mears, judge of the Sixteenth circuit. On the same day, S. W. Peel became prosecuting attorney on the Fourth circuit ; J. H. Howard, on the Eighth circuit; J. M. Brad- ley, on the Ninth circuit ; H. M. McVeigh, on the Eleventh circuit ; D. D. Leach, on the Twelfth circuit; W. C. Langford, on the Thirteenth circuit ; Duane Thompson, on the Fourteenth circuit, and G. G. Latta, on the Fifteenth circuit. April 23, 1873, Thomas Barnes became prosecuting attorney on the Fifth circuit and served until October 31, 1873, when he gave place to J. P. Byers.
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Engene Stephenson became prosecuting attorney on the First cir- cuit, April 23, 1873. M. M&Gchee became prosecuting attorney on the Tenth circuit, April 29, 1873 ; J. M. Harrell on the Seventh circuit, May 5, 1873; R. H. Black on the Second circuit, May 6, 1873, and H. R. Withers on the Sixteenth circuit, September 27, 1873. In 1874, J. N. Cypert became judge of the First circuit, October 30; W. F. Henderson, judge of the Second circuit, April 26; L. L. Mack ( succeeding Henderson), judge of the Sec- ond circuit, October 31 ; William Beyers, judge of the Third Cir- cuit, October 31 ; J. M. Pittman, judge of the Fourth circuit ; Octo- ber 31; 1 .. J. Joyner, judge of the Eighth circuit, October 31; J. K. Young, judge of the Ninth circuit, October 31; Benton J. Brown became judge of the Fifth circuit, September 30, 1874, and was succeeded by W. W. Mansfield, October 31 following. J. J. Clendenin became judge of the Seventh circuit, May 29, 1874, and was transferred October 31, 1874, to the Sixth circuit, and was succeeded on the Seventh circuit by Jazeb M. Smith. D. W. Carroll became judge of the Tenth circuit, October 28, 1874, and gave place October 31, 1874, to T. F. Sorrells. H. N. Hutton became judge of the Eleventh circuit, July 24, 1874, and was succeeded October 31, 1874, by John A. Williams. October 31, 1874, C. A. Otey became prosecuting attorney on the First circuit ; J. L. Abernathy, on the Third circuit ; J. W. Martin, on the Sixth circuit ; M. J. Henderson, on the Seventh circuit ; Dan W. Jones, on the Ninth circuit; J. C. Barrow, on the Tenth circuit; Z. I. Wise, on the Eleventh circuit. Y. B. Sheppard became prose- enting attorney on the Sixteenth circuit, April 30, 1874. Duane Thompson because a prosecuting attorney on the Eighth circuit, January 4, 1874. Rufus D. Hearn became a prosecuting attorney on the Eighth circuit, July 6, 1874, and served in the office three successive terms. J. D. Mckay became a prosecuting attorney on this circuit, October 31, 1874.
The. following named members of the forty-third congress, 1873-75, were seated: Asa Hodges, First district; O. P. Sny- dier, Second district; Thomas M. Gunter, Third district, and William J. Ilinds, congressman at large. There were contests for all the seats thus occupied. Governor Baxter had been the nom- inee of his party on the same ticket with Grant. Brooks had been nominated on a mixed ticket, made up by disaffected Republicans, but on a platform liberal toward the Democrats. In the canvass Judge Baxter had promised to administer the government impar- tially, as the governor of the whole state, and not of one party only, and that be would do all within his power to have the dis-
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franchising features of the state constitution abolished. On the face of the first returns the Greeley electors and the Brooks ticket were in the majority, but when the votes were finally canvassed, such changes were made from illegal voting or bulldozing, it was claimed, as to elect the Grant and Baxter tickets. Under the constitution of 1868, the legislature was declared the sole judge of the election of state officers. The nineteenth legislature was held from January 6, to April 25, 1873. Senate: President-Lieut .- Gov. Volney V. Smith ; secretary-W. W. Orrick. House of rep- resentatives : Speaker-C. W. Tankersley; clerk-Henry M. Cooper. Brooks took his case before this body and it was decided against him and the supreme court affirmed the decision. Baxter had peacefully administered the office more than a year, when Brooks went before Judge Whytock, of the Pulaski circuit court, and instituted quo warranto proceedings against Baxter. The governor's attorneys filed a demurrer, and the case stood over. April 15, 1874, Judge Whytock, in the absence of Baxter's attorneys, overruled the demurrer, giving judgment of ouster against Baxter ; and Brooks, with an officer, hastened to the state- house, demanded the surrender of the office and arrested Baxter. Thus a stroke of the pen by a mere circuit judge plunged the state into tumult. The politicians who controlled Arkansas, finding that they could not use Baxter for their purposes, or in other words that they had counted in the wrong man, were boldly proceeding to undo their own acts, dethrone Baxter and put Brooks in the chair of state. Governor Baxter declared martial law and called out the militia to his support. "Governor" Brooks and his followers were in armed occupation in the statehouse and those who had rallied to the support of Baxter were close at hand. Several collisions occurred, with considerable bloodshed and loss of life. If there can be a comedy in a tragedy, it is furnished here in the fact that in the twinkling of an eye the adherents and voters of the two governors had changed places and each was now fighting for the man whom he had opposed so vehemently. And in all these swift changes the supreme court had shown the greatest agility. By some remarkable legerdemain, Brooks, who was intrenching himself, had had his case again placed before the supreme court and that court promptly reversed itself and decided that the circuit court had jurisdiction. In the division of the people the blacks, led by whites, were mostly on one side, while the whites were arrayed on the other. Congress sent the historical Poland com- mittee to investigate Arkansas affairs. President Grant submit- ted all legal questions to his attorney-general. The president, at
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