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 37
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THIE PROVINCE AND THE STATES.
the end of thirty days' forcible possession of the office by Brooks, sustained Baxter. The climax of reconstruction in Arkansas had come. Peace entered as swiftly as had war a few days before. The sincerity and intensity of the people's happiness in this final ending are found in the fact that when law and order were restored no one was impeached, no one was imprisoned for treason.
The legislature of 1873 divided the state into five congressional districts. It provided for the maintenance of a system of free common schools. It created Clay and Baxter counties March 24; Garland, April 5; Faulkner, April 12 ; Lonoke, April 16; Cleveland, . Howard and Lee, April 17, and Stone, April 21. It elected Stephen W. Dorsey, United States senator to succeed Benjamin F. Rice and to serve 1873-79. It submitted to the people the amend- ment to the constitution proposed by the last legislature, removing disfranchisements, which was voted on March 3 and was declared ratified by gubernatorial proclamation April 19. This amend- ment left so much power to registrars without appeal that no voter was yet secure in his rights. The fifth digest of the state laws was prepared by Edward W. Gantt and examined by Judge Henry C. Caldwell this year and was published in 1874. The Arkansas State Lunatic Asylum was authorized by the legislature of 1873, when suitable grounds were purchased and improved and buildings were erected.
An extraordinary session of the legislature was convened by Governor Baxter, May 11, to May 28, 1874. Senate: President- Lieut. Gov. Volney V. Smith (not present-J. G. Frierson, temporary president ) ; secretary -- W. W. Orrick. House of repre- sentatives: Speaker-James 11. Berry; clerk-C. C. Reid, Jr. To pay recent expenses of the militia and the legislature, this body authorized the issue of the historic "Baxter War Bonds," of one hundred dollars to five hundred dollars each, to an amount not more than two hundred thousand dollars, bearing interest at ten per cent and payable in ten years, or after five years at the discre- tion of the state. From a market value of thirty cents on the dollar they came into demand at one hundred and three cents on the dollar and were all paid on or before maturity. The moment that President Grant officially spoke, the reconstruction constitu- tion of 1868 was doomed. A new constitution was proposed ; the people demanded it by a vote of 80,259 for it to 8.547 against it.
The constitutional convention of 1874, with the above results fresh in mind, met to formulate a new, more beneficent state con- stitution. Grandison D. Royston, last surviving member of the constitutional convention of 1836, was president and T. W. Now-
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ton, secretary. The delegates were: Arkansas county, James A. Gibson ; Ashley, Marcus L. Ilawkins; Baxter, John W. Cypert ; Benton, H. H. Patterson, A. M. Rodgers; Boone, William W. Bailey ; Bradley, Jolin R. Hampton ; Calhoun, Benjamin W. Jolin- son; Carroll, Bradley Bunch ; Chicot, F. Downs; Clayton (Clay), E. Foster Brown; Clark, Harris Flanagin (died during session), J. A. Ross ; Columbia, George P. Smoote, D. L. Kilgore; Conway, William S. Hana; Craighead, John S. Anderson; Crawford, Hugh F. Thomasson; Crittenden, W. L. Copeland; Cross, J. G. F'rierson; Dallas, W. D. Leiper; Desha, Xenophon J. Pindall (resigned), J. P. Jones; Dorsey (Cleveland), John Niven ; Drew, James P. Stanley; Faulkner, Jolm Dunaway ; Franklin, William W. Mansfield; Fulton, Edwin R. Lucas; Garland, Henry M. Rector ; Grant, Davidson, O. D. Cunningham; Greene, Benjamin H. Crowley ; Hempstead, Grandison D. Royston, John R. Eakin; Hot Spring, W. C. Kelley ; Howard, Jacob Custer ; Inde- pendence, James W. Butler, J. Rutherford ; Izard, Ransom Gulley ; . Jackson, Franklin Doswell; Jefferson, Jolm A. Williams, W. Mur- phy, Cyrus Berry ; Johnson, Seth J. Howell; Lafayette, Volney V. Smith; Lawrence, Phillip K. Lester; Lee, Monroe Anderson; Lincoln, Reason G. Putney; Little River, James II. Williams; Lonoke, James P. Eagle; Madison, John Carroll; Marion, Roberson J. Pierce ; Mississippi, Charles Bowen ; Monroe, Simon P. Hughes; Montgomery, Nicholas W. Cable; Nevada, Rufus K. Garland ; Newton, George II. S. Dobson ; Ouachita, Elijah Mosely, H. G. Bunn; Perry, William H. Blackwell; Phillips, John J. Horner, J. T. White. R. Polk ; Pike, Henry W. Carter; Poinsett, Roderick Joyner ; Polk, Steven C. Bates; Pope, John R. Homer Scott; Prairie, David F. Reinhardt; Pulaski, James F. Fagan ( resigned without taking seat), George N. Perkins, Jesse Butler, Sidney M. Barnes, Dan O'Sullivan (chosen to fill place of James F. Fagan, resigned) ; Saline, Jazeb M. Smith; Sarber (Logan), Ben B. Chism ; Scott, J. W. Sorrels; Searcy, William S. Lindsey ; Sebastian, R. B. Pulliam, William M. Fishback; Sevier, Burton 11. Kinsworthy; Sharp, Lewis Williams; St. Francis, John M. Parrott; Stone, Walter J. Cagle; Union, H. G. P. Will- iams, Robert Goodwin ; Van Buren, Allen R. Witt ; Washington, Benjamin F. Walker, M. F. Lake, T. W. Thomasson; White, Jesse N. Cypert, Joseph W. House ; Woodruff, William J. Thomp- son ; Yell, Joseph T. Harrison. The session lasted from July 14, to October 31, 1874. The convention framed a new constitution which was submitted to the people October 13, 18744, and was
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ratified by a vote of 76,453 as against a dissenting vote of 24,807. Under this fundamental law of the state, which did away with all disfranchisements and registrations, state officers are elected for a term of two years, supreme court judges for eight years. In early territorial days most positions were filled by appointment. Governor Pope greatly enlarged the mimber of elective officers. The constitution of 1836 enlarged it still more, but left appointive offices still too numerons. The constitution of 1868 reduced the number of elected officers and broadened the appointing power of the governor. Under the present constitution almost every official is elective and the powers of officials are restricted. The people select their school directors, magistrates, constables, municipal officers and county officers and all state officers, legislative, execu- tive and judicial. The taxes that may be levied by the legislature are specified and limited in amount and additional taxes may be imposed only by popular vote. The public schools are supported by a general tax of two mills on all property in the state, and this tax is distributed per capita to all children between specified ages; each district must supplement its fund by taxation of property within its borders on a basis of not to exceed five mills. Thus the people have taken upon themselves the decision of political and economic questions. Of course they have made mistakes, but they have acquired the power to govern themselves wisely, economically and in a patriotic spirit. The state government is managed practically on a cash basis.
At the time of the adoption of the constitution an election for state and county officers was held. The Republicans made no nominations and the entire Democratic ticket, headed by Angustus HI. Garland, gubernatorial candidate, was elected, Governor Garland's majority being 76,453. Col. Lucien C. Gause was elected congressman for the First district; W. F. Slemmons for the Second; W. W. Wilshire for the Third and T. M. Gunter for the Fourth, to serve 1875-77. J. M. Johnson was secretary of state until November 12, 1874, and was succeeded by B. B. Beavers who served until January 17, 1879. R. C. Newton was state treasurer May 23, 1874, to November 12, 1874 ; T. J. Churchill, November 12, 1874, to January 12, 1881. W. R. Miller succeeded Stephen Wheeler as state auditor November 12, 1874, and served until January 11, 1877. J. L. Witherspoon, successor to T. D. W. Yonley, was attorney-general May 22, 1874, to November 12, 1874; S. P. Hughes filled that office November 12, 1871, to 1875. J. N. Smithee was commissioner of immigra-
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tion and state lands June 5, 1874, to November 18, 1878. G. W. Hill succeeded J. C. Corbin as superintendent of public instruction December 18, 1875, and filled the office until October, 1878.
The Sixteenth judicial district of the state of Arkansas was established in 1875 and re-established in 1891. October 13, 1876, D. D. L,each became prosecuting attorney on the First circuit ; J. E. Riddick, on the Second circuit ; E. J. Stirman, on the Fourth circuit, and B. W. Johnson, on the Ninth circuit. Isaac C. Parker of the Federal court became judge of the Western district of Arkansas in 1875; Charles C. Waters was district attorney, Eastern district, 1877-85.
'Augustus H. Garland, eleventh governor of the state of Arkan- sas, who was inaugurated November 12, 1874, aged about forty- two years, was born in Tipton county, Tenn., June 11, 1832. In the following year, his parents settled in Hempstead county, Ark., where he was reared to manhood. He read law and in 1853, was admitted to the bar at Washington and practiced his profession there until 1856, when he located at Little Rock. Ile was a dele- . gate to the state convention of 1861 and was a member of the Confederate congress, first as a representative in the lower house and later as a senator. After the war, he distinguished himself in the practice of law at Little Rock. Two of his most important achievements as a lawyer were in the case of er-parte Garland, in United States supreme court on the constitutionality of the test oath for lawyers, and in the case of Osborne vs. Nicholson, in the same court, in which was established the validity of contracts for slaves. Hle was governor for two years, 1874-76, and in January, 1877, was elected United States senator to succeed Powell Clayton and in 1882 he was again elected for six years to March, 1889; but when Grover Cleveland became president, Mr. Garland, as attorney general of the United States, became a member of his cabinet and was the first citizen of Arkansas to hold a cabinet position. James H. Berry filled out Mr. Garland's unexpired term in the senate from 1885 to 1889. Soon after Governor Garland's inauguration, Volney V. Smith, who had been lieuten- ant-governor under Baxter, attempted to usurp his authority by declaring himself the rightful successor of Baxter, on the absurd theory that the new constitution and all acts under it were null and void. The governor ordered his arrest, but he left the state and soon went abroad under a consular appointment by General Grant. Governor Garland found an empty state treasury and a large pub- lic indebtedness. A loan of two hundred thousand dollars, which was made at the time from sheer necessity, was paid in 1876.
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After some preliminary troubles, Garland's administration was peaceful and successful, internal improvements were made, there was a revival of immigration, and the state began to prosper. But state affairs had not always been managed so wisely. A debt had accumulated and was still accumulating that would have to be disposed of sometime. The twentieth, legislature was held November 10, 1874, to March 5, 1875, and from November I, to December 10, 1875. Senate: President-Bradley Bunch ; sec- rotary-Thomas W. Newton. House of representatives : Speaker- A. A. Pennington ; clerk-J. W. Gaulding. It adopted a joint resolution of thanks to ex-Governor Baxter for the fidelity and merit of his governorship. Its most practical and sug- gestive labor was a review of the past three administrations. Here are the eloquent figures in which the legislature epitomized Arkansas' financial history made in the six years 1868-74: ( I) Amount in treasury at beginning of that period, $319,237; amount since received, $6,674,511 ; total, $6,993,748. (2) Expen- ses during the period (approximately ), $1,800,000; expended for militia and claims (approximately ), $200,000; expended for sink- ing fund and interest (approximately), $515,204; expended for public buildings (approximately ), $100,000; total, $2,615,204. (3) Amount to be accounted for, $4,378,554. (4) The last sunt, with the public debt that had been created to date-$13,563,567- amounted to $17,942,III. The floating debt was taken up by the issue of 2,500 Loughborough six-thirty one thousand dollar bonds to mature in 1905. This measure was proposed by James M. Loughborough. The supreme court of the state decided that the railroad-aid and levee bonds, amounting to eight million six hun- dred four thousand seven hundred seventy-three dollars, had not been issued upon essential legislative authority and were therefore null and void. The "Baxter War bonds" were promptly paid. These transactions marked the beginning of a movement complex in its elements and tendencies which, in a way, was to result in the wiping out of the state's great and growing indebtedness. The legislature of 1874-75 reestablished Miller county (December 22, 1874), fixed the legal rate of interest and defined usury, proliib- ited the carrying of deadly weapons, enacted a general election law, provided for bridges on public roads, regulated the contrac- tion of marriages, passed a three-mile liquor law, divided the state into four congressional districts, appropriated fifteen thousand dollars for an exhibit of the resources of the state at the Centen- nial exhibition of 1876 and made other provisions and appropria- tions. The State Medical Society was formed May, 1875.
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William R. Miller was elected governor in 1876, and inaugur- ated January 11, 1877, and re-elected in 1878, and inaugurated the second time January 17, 1879, serving four years. Governor Miller ( Democrat), was elected by a majority of 32,215 in a total vote of 108,683 and was reelected by a majority of 88,730. L. C. Gause, W. F. Slemmons, J. E. Cravens and T. M. Gunter were in 1876 elected to congress to serve 1877-79. Poindexter Dunn, W. F. Slemmons, J. E. Cravens and T. M. Gunter were in 1878 elected to serve 1879-81. J. D. Walker was in 1879 elected to the United States senate to serve 1879-85. January 17, 1879, Jacob Frolich succeeded B. B. Beavers as secretary of state and served until 1885. John Crawford succeeded John R. Miller as auditor January 11, 1877, and served until January 17, 1883. T. J. Churchill was treasurer through Governor Miller's administration. W. F. Henderson, successor of S. P. Hughes, was attorney-general January 11, 1877, to 1881. As commissioner of state lands, J. N. Smithee gave place to D. W. Lear, who held the office October 21, 1878, to November, 1882. October 13, 1878, G. W. Htill was succeeded as superintendent of public instruction by J. L. Denton, who served until October 11, 1882. Jesse Turner and J. R. Eakin were elected associate justices of the supreme court in 1878. D. W. Carroll succeeded J. R. Eakin as chancellor of the Pulaski chancery court, November, 1878.
John S. Little became prosecuting attorney in the Twelfth judi- cial district of the state of Arkansas, April 2, 1877, and filled the office three successive terms. J. H. Berry became judge of the Fourth circuit, October 21, 1878. Thomas W. Round became judge of the Fifth circuit, September 9, 1878, and was succeeded October 31, 1878, by W. D. Jacoway. J. W. Martin became judge of the Fifth circuit, October 31, 1878, and on the same date Il. B. Stuart became judge of the Eighth circuit, and X. J. Pindall became judge of the Eleventh circuit. F. T. Vaughan became prosecuting attorney of the Sixth circuit, September 16, 1878, and served until 1880. P. D. McCulloch became prosecuting attorney of the First circuit, October 4, 1878, and served three terms. T. B. Martin became prosecuting attorney of the Eleventh circuit, October 10, 1878. W. H. Cate became prosecuting attorney on the Second circuit ; Charles Coffin on the Third circuit; A. S. McKennon on the Fifth circuit ; James B. Wood on the Seventh circuit and H. A. Dinsmore, on the Fourth circuit, October 14, 1878, the latter serving three terms. E. F. Brown became prose- cuting attorney on the Second circuit, May 5, 1879, and was suc- ceeded October 30, 1880, by W. B. Edrington, who served four
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terms. T. C. Trimble became prosecuting attorney on the Sixth circuit, October 30, 1880, and served until 1884. J. M. Elliott- served as prosecuting attorney on the Eleventh circuit five terms, beginning October 10, 1880. John Cook became prosecuting attorney on the Ninth circuit, October 4, 1880.
William R. Miller, twelfth governor of the state of Arkansas, was born at Batesville, Independence county, Ark., November 3, 1823. He was fifty-three years old when he was called to the governorship. He was clerk of Independence county 1848-54, and was auditor of state September 16, to December 26, 1854, 1856-64, 1866-68, 1874-76 and 1886-88. He filled the guber . natorial office two terms 1876-80 and died at Little Rock, Novem- ber 29, 1887. The twenty-first legislature was held January 3, to March 8, 1877. Senate: President-James K. Jones ; secre- tary-Jacob Frolich. House of representatives: Speaker-D. L. Kilgore; clerk-Thomas W. Newton. This legislature passed many laws concerning questions which arose in the former period of political disturbance and laws looking to the development of the state and providing for payment of interest on the public debt. Needed buildings were provided at the penitentiary and the sev- eral counties of the state were authorized to hire out county con- victs. In the fall of 1878 there was an epidemic of yellow fever in the South. In Arkansas a quarantine was established and made effective and there was no contagion except for a few cases at Argenta and Hopefield. Dr. J. C. Easly, a popular physician of Little Rock, went to aid the sufferers at Memphis and died of the fever. In 1879 the disease broke out again, but the efforts of the state board of health and those of local boards and citizens saved the state from a general infection.
The twenty-second legislature was held January 13, 10 March 13, 1879. Senate: President-M. M. Duffie ; secretary- L. T. Kretchmar. House of representatives: Speaker-J. T. Bearden ; clerk-John G. Holland. This legislature asked congress for an appropriation of twenty thousand dollars to protect the city of Pine Bluff from encroachment by the river. The appropriation was made and wisely expended under the supervision of Capt. 1I. S. Taber of the United States engineer corps. The laws mak- ing the Holford bonds and coupons receivable for taxes were repealed. The legislature provided for the submission to the people of the Fishback amendment, to prohibit the state from ever in any manner paying any part of the principal or interest of the Holford bonds, which had been refunded in 1870, though prior to that time the state had always denied obligation on account of
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them. The original 500 bonds called for five hundred thousand dollars, and the interest on them had never been paid. In 1870, 1,268 new six-per-cent bonds were issued to cover the principal and interest, amounting to one million two hundred sixty-eight thousand dollars. At the general election of 1880 the amendment was defeated. Governor Miller, refusing to declare martial law, quelled murder and riot in Scott and Union counties by civil authority. An impetus was given to the public schools of the state by a notable meeting of the Arkansas State Teachers' Association, June, 1880, which was attended by many distinguished educators from abroad. This association was organized in 1869. Governor Miller's two terms of office were not marked by any other event of prominence, but were characterized by a steady growth of the state in all its material interests. In 1880 the population was 802,525, a gain of 318,054 since 1870.
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CHAPTER VI
The Arkansas of Yesterday and To-Day
T HOMAS J. CHURCHILL was elected governor in 1880 and inaugurated January 13, 1881, and served two years. Gov- ernor Churchill was elected by the Democrats by a majority of 52,761 in a total vote of 115,619. Poindexter Dun, James K. Jones, J. E. Cravens and T. M. Gunter were, in 1880, elected to congress to serve 1881-83. Jacob Frolich was secretary of state and John Crawford was auditor during Governor Churchill's administration. W. E. Woodruff, Jr., was treasurer January 12, 1881, to January 12, 1891. C. B. Moore succeeded W. F. Hen- derson as attorney-general January 12, 1881, and filled the office until 1885. W. P. Campbell succeeded D. W. Lar as commis- sioner of state lands October 30, 1882, and served until March 31, 1884. J. 1 .. Denton was superintendent of public instruction until October 11, 1882; Dunbar H. Pope, October 11-30, 1882; W. E. Thompson, October 30, 1882, to October 30, 1890. In 1882, W. W. Smith became an associate justice of the supreme court and served in that office until his death, seven years later.
M. T. Sanders became judge of the First judicial district of the state of Arkansas, October 30, 1882. On the same date R. HI. Powell became judge of the Third district and served three terms. J. G. Frierson became judge of the Second circuit ; J. M. Pittman judge of the Fourth circuit ; F. T. Vaughan judge of the Sixth circuit and J. B. Wood judge of the Seventh circuit, October 31, 1882, the last mentioned serving two terms. G. S. Cunningham became judge of the Fifth circuit, October 31, 1882, served three terms and resigned September, 1889. R. B. Rutherford became judge of the Twelfth circuit, October 2, 1882. C. E. Mitchell
THE ARKANSAS OF YESTERDAY AND TO-DAY. 379
became judge of the Ninth circuit, October 31, 1882. B. F. Askew became judge of the Tenth circuit and J. 'A. Williams judge of the Eleventh circuit, October 30, 1882. Judge Williams served two terms and resigned. M. N. Dyer became prosecuting attorney on the Third circuit, October 30, 1882, and served two terms. J. G. Wallace became prosecuting attorney on the Fifth circuit, October 31, 1882, and served two terms. J. P. Henderson became prosecuting attorney on the Seventh circuit, October 31, 1882, and served three terms. T. E. Webber became prosecuting attorney on the Ninth circuit, October 31, 1882, and served four terms. C. D. Wood became prosecuting attorney on the Tenth circuit October 30, 1882.
Thomas J. Churchill, thirteenth governor of the state of Arkan- sas, was born in Kentucky, near Louisville, March 10, 1824, and was fifty-six years old at the time of his election. He was reared and educated in his native state and in 1846 enlisted in the First Kentucky mounted riflemen and served in that organization dur- ing the Mexican war. In 1848 he located at Little Rock and operated a plantation near by. He won distinction in the Con- federate army, in the Civil war, rising to the rank of brigadier- general, from which for brilliant service he was promoted to be a major-general. He was elected state treasurer in 1874, in 1876 and in 1878. Ilis next official position was that of governor which he held two years, until the end of 1882. He is now major . general, commanding the Arkansas division of the United Con- lederate veterans. The twenty-third legislature was held Jant- ary 8, to March 19, 1881. Senate: President-H. C. Tipton ; secretary -- J. G. Holland. House of representatives: Speaker- George Thornburgh; clerk-Paul M. Cobbs. This legislature appropriated one hundred fifty thousand dollars to erect, near Little Rock, buildings for a state insane asylum and ten thousand dollars for the establishment of the Pine Bluff Branch Normal College, and it authorized the trustees of the Arkansas Industrial University to establish a medical department. During Governor Churchill's administration, lawlessness developed in Prairie county which resulted in the murder of a local editor and in other out- rages. The governor protected the law-abiding people with troops until civil law could resume its sway. The population of 1880 affording the state five congressmen and the legislature not having redistricted the state, a congressman at large was elected in 1882, besides the four congressmen to represent the four okl districts. In 1881-82, the railroad from Little Rock to Pine Bluff was completed, making a continuous line from Fort Smith to
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Monticello, and the St. Louis, Arkansas & Texas Railroad was built across the state, from the Missouri line southwestward to Texas. The State Board of Health was established by the legisla- ture March, 1881.
James H. Berry was elected governor in 1882 and was inaugu- rated January 13, 1883, and served two years. Ben T. Embry was acting governor from September 15-30, 1883. Governor Berry, a Democrat, was elected by a majority of 28,481, the total vote cast having been 147.169. In 1882, Poindexter Dunn, James K. Jones, John H. Rogers, Sam W. Peel and C. R. Breckin- ridge (the latter representing the state at large) were elected to congress to serve 1883-85. Jacob Frolich was continued in office as secretary of state during the administration of Governor Berry. January, 1883, A. W. Files succeeded John Crawford as state auditor and served until January, 1887. W. E. Woodruff, Jr., was state treasurer during his administration and C. B. Moore was attorney general. March 31, 1884, P. M. Cook succeeded. W. P. Campbell as commissioner of state lands. W. E. Thomp- son filled the office of superintendent of public instruction. E. II. English, chief justice of the supreme court, died in 1884 and S. R. Cockrill succeeded him in the office and served as chief justice until in 1803.
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