The Brooks-Baxter War was
the closing chapter of the drama of the
reconstruction in Arkansas under carpetbag
Republican rule. The drama covered a period of about
six years, beginning with the adoption of a new
constitution in March, 1868, which turned the State
Government over to the carpet baggers and Negroes
until its overthrow by domestic revolution in the
war between rival candidates, governor in 1874. The
personnel of the convention was composed of the two
classes named and the Constitution which they framed
was declared ratified by a vote of the people held
for that purpose on March 13, 1868. As the election
machinery was entirely in the hands of the political
party which framed the Constitution its ratification
was never a matter of doubt.
At the same election a full ticket for State
Officers, members of the Legislature and
congressional representatives were elected. General
Powell Clayton of Jefferson County was elected
Governor and James M. Johnson of Madison County,
Lieutenant Governor. John McClure was appointed
Chief Justice of the Supreme Court by Governor
Clayton a Non-elective office. The Rev. Joseph
Brooks, who had been a prominent figure in the
Constitutional Convention and who aspired to
leadership of the party was left out a tactical
mistake.
Shortly after the new regime was securely
established in power they began to quarrel among
themselves about the distribution of the offices and
a schism soon appeared which subsequently developed
into two well defined factions which became know as
"Minstrels" and Brindle-tails," the one headed by
Clayton, McClure, Hadley, et al. The term
"Minstrels" was first applied to John G. Price,
editor of the Little Rock Republican Clayton organ,
on account of something he had to do with a minstrel
troop. The term "Brindle-tail" was first applied to
Rev. Joseph Brooks, by Jack Agery, a negro orator,
who said that Brooks stentorian voice reminded him
of an old brindle tail bull he knew of when a boy,
that bellowed so he terrified all the other animals
in the vicinity.
The Legislature of 1869 which met January 2nd was
charged with the duty of electing a United States
Senator to succeed Alexander McDonald whose term
would expire in 1871, and Governor Clayton was
ambitious to be McDonald's successor. Clayton knew
in advance that the Legislature would be largely
Republican but as the party was not united, he began
making overtures to the Democrats for their support
before that body met. Thomas M. Bowen who claimed to
represent the Governor, arranged a meeting between
him and several leading Democrats to talk over
details, but news of the meeting leaked out and the
conference was called off.
The story of this meeting was the cause of a
personal altercation between Governor Clayton and
General R.F. Catterson a "Brindle," the following
day that ended in a slap in the face for Catterson,
which the General did not resent, but let the matter
drop with the remark that he would not strike a
one-armed man.
Joseph Brooks, who had changed his residence form
Helena to Little Rock, had been a candidate for the
Senate form the Tenth Senatorial District and was
opposed by a Minstrel candidate named Wilshire
Riley, and both candidates claimed election. When
the Legislature convened, Brooks presented his
credentials and Lt. Governor James M. Johnson,
Ex-Officio President of the Senate, who was a
Brindle swore him in. The Minstrel fraction in the
House resented this and with the assistance of
Democrats presented articles of impeachment against
Johnson The Brindles in the House also with the
assistance of Democrats, countered by presenting
articles of impeachment against Governor Clayton and
Chief Justice for high crimes and misdemeanors.
While these impeachment proceedings were pending
Clayton patched up a peace with Johnson by
appointing him Secretary of State which office paid
a governor. The vacancy thus caused in the office of
Lt. Governor was filled by the election of O. A.
Hadley, Minstrel, and the impeachment proceedings
were dismissed as against Clayton and Johnson.
McClure was tried and acquitted. The contested
election between Brooks and Riley, through the
influence of Clayton was decided in favor of Riley.
Governor Clayton came out of these struggles with
the Legislature triumphantly and to the great
disgust of the Brindles. He had slapped Cattersons
face, put Brooks out of the State Senate, had been
elected to the United States senate and had left his
man Hadley in the Governor's chair where he could
boss the affairs of State from his seat in the
United States Senate.
But the Brindles had not given up the fight. W. G.
Whipple, United States District Attorney and a
Brindle caused Governor Clayton to be indicted by
the Federal Grand Jury for alleged "violation of the
election laws." This indictment was dismissed by
Judge Dillon when argued on demurrer, as a based on
"insufficient grounds." Whippel, Brooks and
Catterson then attacked Clayton in the United States
Senate on the ground of unfairness and
irregularities in his election to that body and with
the assistance of the senior Senator H.F. Rice
pressed the charges with such vigor that Clayton was
compelled to ask for an investigation by the Senate,
which was made, and resulted in his acquittal. At
the same time the trio of prosecuting witnesses fell
under the displeasure of President Grant, who
summarily removed them form office Whipple as
district attorney, Brooks as revenue collector, and
Catterson as Marshal. They had made their fight
against Clayton and lost their political heads,
which not only hurt their pride but inflicted
serious loss pecuniarily.
There was now no chance of compromise of
conciliation between the rival factions. It was war
to the knife and the knife to the hill. The National
election of 1872 was drawing nigh and it was obvious
that there was no hope for the Brindles except to
line up with the liberal or Greeley wing of the
National Republication party which was taking shape
for a fight on Grant and the Stalwarts. On May 22nd
the Brindle State Convention met at Little Rock and
nominated Joseph Brooks for Governor and a full
State ticket with him. The convention also endorsed
Horace Greeley and B. Gratz Brown for President and
Vice President.
On June 19th the Democratic State Convention met a
Little Rock, and after adopting resolutions that it
was inexpedient to nominate a state ticket, accepted
and endorsed both the National and State tickets
previously put out by the "Liberal Republicans."
This action effected a coalition between Democrats
and Brindles and no Democratic state ticket was
nominated. The National Democratic party
subsequently endorsed the nomination of Greeley and
Brown. Brooks opened his campaign for governor in
the State House yard and gave the Minstrels a sample
of what he had in store for them. He was a very
effective platform speaker; a man of fine physique,
leonine head and a face, a superb voice and a master
of invective. His long experience as a Methodist
preacher had familiarized him with hell-fire
parlance and for the space of more than an hour he
poured out the vails of his wrath on the devil and
all his works. One of his pre-election promises was
that if elected governor, together with a full
roster of prosecuting attorneys who would do their
duty, he would fill the state penitentiary so full
of Minstrel thieves that their arms and legs would
stick out of the windows. Senator Clayton hurried
home from Washington and met Brooks in joint debate
at several points and until Baxter was nominated
took his place in the campaign.
The Minstrels were much disturbed over the
prospective coalition between Brindles and Democrats
and deferred putting out a state ticket until August
21st, when they met in state convention, and
nominated a ticket headed by Judge Elisha Baxter of
Batesville for governor. At the same time they
endorsed the National Republican ticket headed by
Grant and Wilson. Baxter was put on the ticket to
catch Democratic voters, the great majority of whom
were ex-Confederates. He was a native of North
Carolina, but settled in Batesville in 1859, where
he engaged in the mercantile business and later took
up the practice of law. He was a man of quiet,
unaggressive temperament, and though a Union man
during the war had never said or done anything to
exasperate his fellow citizens. He had the esteem
and confidence of his neighbors, who believed his
election promises would be kept. Brooks on the other
hand was a northern man who during the war had come
to the state with General Curtis. He was a rabid,
aggressive Abolitionist and a bitter partisan.
These were the candidates of the two opposing
Republican factions bidding for the Democratic vote.
Brooks had the advantage of the endorsement of the
Democratic State Convention, but Baxter, who was
running on the national ticket with Grant and
Wilson, had control of the election machinery. The
election was held November 5th and apparently on the
face of the returns Brooks was elected by a
substantial majority, but the final returns as cast
up by the election officials gave Baxter and the
Minstrel ticket prima facie color of claim to
election, reviewable only by the Legislature, which
would meet in January.
Meantime the Brindles were not idle but concerted
plans for organization of a Legislature favorable to
Brooks and his forcible inauguration, if necessary.
These plans were known to the Minstrels and at the
instance of Governor Hadley, President Grant sent a
regiment of federal troops to the arsenal at Little
Rock to preserve the peace. Only a few months before
this, federal troops had been used to prevent a
meeting of an opposition legislature in Louisiana,
and their appearance at Little Rock in the
circumstances looked ominous.
In the closing days of December, the newly elected
members of the legislature drifted into Little Rock
and the Democratic members of that body, after
looking over the ground and consulting with leading
members of the party, decided to cast their lot with
the Minstrels and participate in organizing a Baxter
legislature. On January 6th the legislature so
organized assembled in joint session, and after
canvassing the returns of the state election laid
before them by the President of the senate, declared
Baxter elected. He was immediately sworn in and
delivered his inaugural address.
Baxter was in office a very short time until he
found himself at logger heads with members of his
own party in the Legislature, who were hungry for
spoils, and had several bills of that character
pending. The most objectionable of these measures
was known as the "Railroad Steal Bill," in which it
was proposed to donate $5,200,000 railroad aid bonds
to the several railroads holding them on condition
that these roads would ask for no additional bonds
of which about $15,000.000 had been authorized.
Governor Baxter was unalterably opposed to this
Bill, and its final defeat through his opposition
was the beginning of a breach between him and his
Minstrel supporters. His inability to train with the
Legislature and his evident leaning toward the
Democrats alienated the sympathy and support of the
leaders of his party and a movement began looking to
a rapprochement between the warring Republican
factions, which had for its object the ousting of
Baxter from the Governors office and the seating of
Brooks in his stead.
On June 2nd notice of quo warranto proceedings were
served on Baxter on relation of Joseph Brooks to
test the validity of his election, to be presented
to the Supreme Court the next day. Counsel appeared
for both parties and after argument, Judge Lafayette
Gregg, a member of the Court, delivered an oral
opinion, concurred in by four members of the Court,
refusing to issue the writ on the ground that under
the Constitution the Court had no jurisdiction, but
that such jurisdiction was vested exclusively in the
General Assembly, which had already acted on that
question. Chief Justice McClure dissented.
This decision by the Supreme Court was generally
supposed to have settled the question of contested
elections as to state officers, but only eleven days
thereafter other proceedings of Brooks vs Baxter
were instituted in the Pulaski Circuit Court before
Judge John Whytock, a Clayton appointee but now a
prominent Brindle. I shall not express the opinion
of a layman on the juridical gymnastics which Judge
Whytock performed in the consideration of this case,
in which he ignored the decision of the Supreme
Court; relied upon a statute to over-ride a plain
provision of the Constitution; permitted the case to
be called up in the absence of and without notice
to, defendant's attorneys, and rendered snap
judgment against Baxter without giving him time to
appeal.
These proceedings were had on the 15th day of April
1874, and in less than an hour after judgment was
rendered, civil war was begun. Brooks and his
friends were conveniently near the Court room and
likewise Chief Justice McClure, who swore Brooks in.
With a mere copy of the judgment, Brooks and about
twenty of his adherents, headed by General Catterson,
proceeded to the Governor's office in the State
House, and ejected Governor Baxter from the
executive chambers. No One was with the Governor
when this incident occurred, except his son.
Brooks immediately issued a proclamation declaring
himself Governor and counseling all citizens to go
quietly about their business and submit to lawful
authority. Governor Baxter after leaving the State
House went out to St. John's College, a military
school in the South Eastern part of the city and
placed himself under protection of a lot of school
by cadets. Toward the close of the day, a Committee
of about twenty citizens went out to the College to
counsel with Baxter and ascertain what course he had
decided to pursue. General R. C. Newton and Colonel
Ben S. Johnson, both lawyers, acted as a spokesmen
for the Committee. After a long conference Baxter
consented reluctantly to issue a proclamation
declaring martial law, calling upon the people to
rally to his support and assist in replacing him in
office. He appeared to be opposed by a fear that he
would be captured by the enemy's forces and hanged
as a traitor for inciting insurrection against the
Brooks Government. His apparent lack of physical
courage and his reluctance to assume responsibility
were painfully noticeable.
After signing the proclamation Governor Baxter
returned to the city under escort of students and
citizens and established headquarters at the Anthony
House on Markham Street, two blocks east of the
State Housed. General R. C. Newton was appointed
Commander in Chief and General T. P. Dockery was
appointed Military Governor of the city. Baxter
pickets were placed at the crossing of Main and
Markham and on street crossings in all directions a
block distant from headquarters. The Brooks forces
occupied the State House yard, enclosed by the same
iron fence now there.
Within a few days there was a complete turn over in
political parties and a new alignment of forces.
With a few notable exceptions on either side now
supporting Brooks and those who had supported Brooks
were now lined up behind Baxter. Both United States
Senators and members of the House telegraphed
sympathy and support to Brooks, except Wilshire, who
adhered to Baxter. The warring factions of Minstrels
and Brindles had made peace and both of them were
now solidly behind Brooks. Both claimants appealed
to the President for recognition and support, but
were advised by him to let the matter be settled by
the Courts.
As the days passed volunteer troops drifted into
Little Rock in support of one side or the other
until their number probably reached three thousand
armed men, ready and eager to fight, Generals Newton
and Churchill commanded the Baxter forces while
Fagan and Catterson commanded those for Brooks. All
direct conflict was prevented, however, by Federal
troops under the command of Colonel Rose, billeted
at the City Hall, between the opposing forces, to
"preserve the peace" Considerable skirmishing,
however, went on almost daily on the outskirts
beyond control of the Federal troops.
Two engagements were fought outside Little Rock; on
at New Gascony, below Pine Bluff, where Colonel H.
King White commanding negro forces of Baxter, routed
and killed seven negroes, under command of Colonel
J. M. Murphy for Brooks. All the participants in
this engagement is known as "The Battle of Palarm,"
and was fought on May 8th near the mouth of Palarm
Creek on the Arkansas River about twenty miles above
Little Rock, between a small force of Baxter men,
under command of Captain Alex Welch on the steamer "Hallie,"
and several hundred Brooks men under command of
Colonel Jack Brooker concealed in the bushes and
undergrowth on the river bank.
The Baxter forces on the boat had been ordered up
the river to intercept and capture if possible, a
flat boat coming down the river with arms for
Brooks, which had been taken from the Arkansas
Industrial University. The Brooks forces on the bank
had been dispatched by rail from Little Rock, to
intercept and capture the "Hallie." It was a serious
military blunder on the part of General Newton to
have permitted their departure, knowing as he did
the mission and movements of the boat. He had ample
forces under his command to have prevented the
attack.
When the boat approached
the ambuscade of Brooks' men, those on board could
see persons moving around in the bushes but had no
knowledge of who they were and no way of estimating
their numbers. Brooks' men were armed with Prussian
needle guns, the best army rifle then in use, and in
a few minutes after the fighting began the boat,
which was a frail craft, was riddled with bullets.
One of the bullets pierced a steam pipe which
released the steam so that the boat could not
proceed, and as it was on the opposite side of the
river from the enemy the vessel was headed into the
bank and made fast, after which a white flag was
hoisted and the firing ceased. Of the boats crew,
Captain Houston was killed on the hurricane deck,
and Pilot John Meyers was mortally wounded. Of the
Baxter men Frank Timms was instantly killed and L.
B. Leigh was severely wounded in the left knee. That
any of the Baxter men escaped uninjured was due to
the protection afforded by cotton bales used as
breastworks. On the Brooks side two negroes were
mortally wounded and several slightly.
Captain Welch detailed W. F. Green and Dr. J. R.
Dale to remain on the boat in charge of the dead and
wounded, after which he and about thirty men,
uninjured, went ashore and returned on foot to
Little Rock that night and the following day.
Members of the boat's crew crossed the river in
skiffs and brought over a detachment from the Brooks
forces to take charge of the boat and bring it back
to Little Rock. The leaky steam pipe was
sufficiently repaired for the boat to return under
its own steam and it reached the city several hours
later where it was made fast behind the State House
and afterward scuttled and sunk.
Nearly a month had now elapsed since the coup d'etat
at the State House and the question of who was no
nearer solution than it was at the beginning; but
the end was nearer at the hand than any one in
Arkansas supposed. On April 21st Governor Baxter,
had telegraphed the president that he had decided to
convene the legislature in extraordinary session and
let that body decide who was the rightful Governor
and that he would abide such a decision. The
president responded promptly approving such a course
and expressing the hope that the matter would be
speedily and peaceably settled.
In response to Baxter's call the legislature
convened on May 11th and on finding a quorum of both
houses present May 14th, organized by electing J. G.
Frierson President of the Senate and James H. Berry
speaker of the House. They immediately passed a
joint resolution requesting the president to "put
the legislature in possession of the legislative
halls and that the public property of the state be
placed under the control of that body." This action
was telegraphed to the president. On the following
day Atty. General Geo. H. Williams handed his
opinion to the president deciding in favor of
Baxter. By 3 o'clock the same afternoon the
presiding officers of teh General Assembly had the
president's proclamation upholding Baxter and
commanding the Brooks forces to disperse. The
Brooks-Baxter war was at an end.
An interesting feature of
the Attorney General's opinion was its criticism of
the Arkansas Courts for the parts they played in the
contest between Brooks and Baxter. We have already
seen that the Arkansas Supreme Court in the case of
Brooks vs. Baxter quo warranto proceedings in June
1873, decided that the Legislature had exclusive
jurisdiction. Also in the case of Berry vs. Wheeler,
not heretofore mentioned where the same question was
involved, in a contest of the office of Auditor, the
Supreme Court again laid down the same doctrine. But
after there was a complete political turn-over in
party alignments and Brooks was established in the
Governors office he instituted mandamus proceedings
against State Treasurer Page to compel that officer
to honor a warrant in favor of himself as Governor.
The Supreme Court was thus called on to pass upon
the same question the third time, and ignoring its
two former decisions, granted the writ, thereby
affirming the decision of the Pulaski Circuit Court
awarding the office of Governor to Brooks.
The Attorney General in reviewing the
inconsistencies of these several decisions of the
Supreme Court of Arkansas, said;
"On the 22th of April Brooks made formal application
to the President for aid to suppress domestic
violence, which was accompanied by a paper signed by
Chief Justice McClure and Justices Searle and
Stephenson, stating that they recognized Brooks as
Governor. To this paper is appended also the name of
Page, the respondent in the above named proceedings
for mandamus. Page, therefore, did not refuse to pay
the warrant of the Auditor because he did not
recognize Brooks as Governor but the object of his
refusal evidently was to create such facts as
necessary to make a case for the Supreme Court.
Accordingly the pleadings were made up by the
parties, both of whom were on the same side in the
controversy and the issue so made was submitted to
Judges virtually pledged to give the decision
wanted, and there within the military encampment of
Brooks they hurriedly but with delicacy, they say,
decided that Brooks is Governor, a decision in plan
contravention of the Constitution and laws of the
State, and in direct conflict with two recent
decisions of the same Court deliberately made. I
refrain from comment. More than once the Supreme
Court of the United States has decided that it would
not hear argument of a case made up in this way, and
a decision obtained under such circumstances is not
regarded as authority in any respectable tribunal."
In reviewing the decision
of the Pulaski Circuit Court, the Attorney General,
after calling attention to the prior decision of the
Supreme Court on the same subject in the case of
Brooks vs. Baxter holding that the Legislature had
exclusive jurisdiction and that "neither this nor
any other court had jurisdiction" said: "That the
Circuit Court should have rendered a judgment for
Brooks under these circumstances is surprising, and
it is not too much to say that it presents a case of
judicial insubordination which deserves the
reprobation of every one who does to wish to see
public confidence in the certainty and good faith of
judicial proceedings wholly destroyed."
In fairness to Mr. Brooks
it should be stated that the honestly and sincerely
believed he was elected, also that he thought the
Democrats should have supported him in his candidacy
and gave him the bulk of his vote. Abstractly
considered, he was probably right in both
contentions, but the contest over the Governor's
office coming up as it did, the Democrats though it
safer to side with Baxter because they believed the
silent man in the White House would uphold him; and
for the further reason that Baxter being a southern
man they felt surer of his kindly sentiments toward
the people of the State than they did those of
Brooks, who in recent years had shown himself a
bitter partisan.
The big cannon in the old State House yard, "Lady
Baxter," was resurrected and made ready for use by
the Baxter forces during hostilities by the Baxter
forces during hostilities in 1874. They found it on
the south bank of the river near the foot of Byrd
Street where it was spiked and abandoned by the
Confederates when they evacuated Little Rock in
1863. This gun was brought from New Orleans to
Little Rock by the Confederates on the steamer
Pontchartrain, near the beginning of the Civil war.
It was placed so as to command the approach by river
from the East.
