CHAPTER XII.

Previous to my resolve to settle in the South I had read and learned

much of politics and politicians; the first as being environed by

abnormal conditions unstable and disquieting--the class that had

established and controlled the economy of the Southern States; had been

deposed in the wage of sanguinary battle on many well contested

fields--deposed by an opponent equally brave, and of unlimited

resources; defeated, but unsubdued in the strength of conviction in the

rightfulness of their cause. A submission of the hand but not of the

heart. New constitutions granting all born beneath the flag equality of

citizenship and laws in unison adopted, and new officers alien to local

feeling were the executors.

It is unnecessary here to remark that if a succession of love feasts had

been anticipated, they had been indefinitely postponed.

For the officers of the new system were by their whilom predecessors

ordered to go "nor stand upon the order of their going," the bullet at

times conveying the order. Assassinations, lynchings, and reprisals by

both parties to the feud were of daily occurrence. The future for life,

liberty, and pursuit of happiness in busy city or sylvan grove, was not

alluring. My subsequent career makes it necessary for me to arise to

explain. Taking at the time a calm survey of the situation, an addition

to the column of martyrs seemed to me unnecessary. I believed in the

principles of the Republican party and as a private I was willing to

vote, work, and be slightly crippled; but had not reached the bleeding

and dying point. With such conclusions I resolved to come, and confine

myself to the pursuit of my profession and give politics a "terrible

letting alone." Oh, if abandoned resolutions were a marketable

commodity, what emporium sufficiently capacious and who competent to

classify!

The organization of the Republican party of Arkansas was on the eve of

disruption. Its headquarters were in the building and over the law

office of Benjamin & Barnes, with whom I was reading. Violent disputes

as to party policy, leadership, and the distribution of the plums of

office were of frequent occurrence. I very distinctly remember the day

when the climax was reached and "the parting of the ways" determined.

The adherents of Senator Clayton and the State administration on the one

part, and Joseph Brooks and his followers on the other, coming down the

stairs--some with compressed lip and flashing eye, others as petulant as

the children who say: "I don't want to play in your yard; I don't like

you any more." It was the beginning of the overt act that extinguished

Republican rule in Arkansas. The factions led by Powell Clayton and

Joseph Brooks, respectively, were known as the "Minstrels" and "Brindle

Tails."

Incongruity, being the prevailing force, possibly accounted for the

contrary character of the names, for there was little euphony in the

minstrelsy of the one or a monopoly of brindle appearance in the other,

for each faction's contingent, were about equally spotted with the sons

of Ham. My friends, Benjamin & Barnes, were prominent as Brindles, and

I, being to an extent a novice in the politics of the State, in a

position to hear much of the wickedness of the Minstrels and but little

of the "piper's lay" in his own behalf, fidelity to my friends, appalled

at the alleged infamy of the other fellows, susceptible to encomiums

which flattered ambition, I became a Brindle, and an active politician

minus a lawyer.

In 1873 I was appointed County Attorney for Pulaski, and after a few

months' service resigned to assume the office of Municipal Judge of the

City of Little Rock, to which I had been elected. I highly appreciated

this, as exceedingly complimentary from a population of 16,000, a large

majority of which were not of my race. I entered upon and performed the

duties of the office until some time after the culmination of the

Brooks and Baxter war in the State. It having been announced that I was

the first of my race elected to such an office in the United States, it

was not without trepidation that I assumed the duties that the

confidence of my fellow citizens had imposed upon me for the novelty of

such an administration attracted attention.

A judge who has to deal with and inflict penalties for violation of law

consequent upon the frailties and vices of mankind encounters much to

soften or harden his humanity, which may have remained normal but for

such contact. His sworn duty to administer the law as he finds it often

conflicts with a sense of justice implanted in the human soul, of which

the law, imperfect man has devised is often the imperfect vehicle for

his guidance; but nevertheless to which his allegiance must be

paramount, even when attempting to temper justice with mercy.

Nowhere is so plainly presented as many of the various lights and

shadows of human character. Love and faithlessness, sincerity and

deceit, nobility and dishonor, kindness and ingratitude, morality and

vice--all the virtues and their antitheses take their place at the bar

of the court of justice and await the verdict, while truth and deception

strive for conquest; an honest son of toil arrested in a den of infamy

whither he has been decoyed and his week's earnings filched; his wife

in tears before you; the clash of prejudice when the parties litigant

were of opposite races; the favorable expectation of the rich,

prominent, and influential when confronted by the poor and lowly; humble

and conscientious innocence appalled when rigid law would mulct them in

fine and imprisonment; the high and the haughty incensed at discharge of

the obscure and indigent. In cases slight, where the justice of leniency

was apparent and yet the mandates of the law had to be enforced, I would

pronounce the penalty and suspend the fine during good behavior. But if

the culprit returned, mercy was absent.

An incident in relation to the suspension of the fine will show that I

did to others as I would have others do to me: A member of the court was

at times irritable and vexatious. During a session there was a

misunderstanding, which, upon adjournment, growing in intensity,

resulted in my committing an assault. The chasm, however, was soon

bridged with mutual pledges. Nevertheless I requested the chief of

police to have charge entered upon docket, to come up at next session of

court, whereupon the judge, after expressing regret that the law had

been violated, fined Citizen Gibbs and suspended the fine during good

behavior, and, as the citizen was not again arraigned, it may be

presumed that his conduct was reasonably good, however doubtful may be

the presumption.

I was fortunate in having the confidence of the community, always an

important adjunct to the bench, for it is not always that the executor

of the law has to deal with the humble of no repute. An old resident,

wealthy and prominent, was arrested and was to appear before me for

trial. During the interim it was several times suggested to me in a

friendly way that I had better give the case a letting alone by

dismissal, as it would probably be personally dangerous to enforce the

law, as he was known to be impulsive and at times violent. I heard the

case, which had aggravated features, together with resisting and

assaulting an officer, and imposed the highest penalty provided by law.

Those who had thought that such action would give offence little knew

the man. It being the last case on the docket for the day, descending

from the bench and passing, I saluted him, which he pleasantly returned,

without a murmur as to the justice of the fine. Subsequently, on several

occasions, he placed me under obligations to him for favors. Personally,

insignificant as I may have been to him, he recognized in me for the

time being a custodian of the majesty of the law, which he knew he had

violated. When it shall happen as a rule and not as the exception that

men will esteem, applaud and sustain the honest administration of the

law, irrespective of the administrator, a great step will have been

taken toward a better conservation of constitutional liberty. In

Arkansas the political cauldron continued to boil. In Powell Clayton

were strongly marked the elements of leadership, fidelity to friends,

oratorical power, honesty of purpose, courage of conviction, with

unflinching determination to enforce them. The late Joseph Brooks, an

ex-minister of the Methodist Church, and who secularized as a

politician, was an orator to be reckoned with. Sincere, scathing, and

impressive, his following was large and devoted. Senator Clayton, the

present Ambassador to Mexico, has outlived the political bitterness that

so long assailed him, and was lately guest of reception and banquet

given him and largely attended by Democrats, chiefly his political

opponents.

The divided Republicans held their State convention in 1872. The Clayton

faction (the Minstrels) had for their nominee Elisha Baxter, a North

Carolinian by birth, and hence to the Southern manor born. This, is was

premised, would bring strength to the ticket. Joseph Brooks was the

nominee of the Brindle wing of the party, and a battle royal was on.

Although a minority of Democrats respectable in number joined the Brooks

faction, the majority stood off with wish for "plague on both your

houses," and awaited the issue. It was in my first of twenty-eight years

of recurrent canvassing. Many districts of the State at that time being

destitute of contact by railroads, made wagon and buggy travel a

necessity.

[Illustration: HON. POWELL CLAYTON.

Embassador to Mexico.

Governor of Arkansas--United States Senator--Honest and Fearless, with a

Public and Private Life Beyond Reproach.]

After nominations were made for the various State officers in

convention, appointments were made and printed notices posted and read

at church and schoolhouse neighborhoods, that there would be "speaking"

at stated points.

The speakers, with teams and literature and other ammunition of

political warfare known and "spiritually" relished by the faithful,

would start at early morn from their respective headquarters on a tour

of one or two hundred miles, filling ten or twenty appointments. Good

judgment was necessary in the personal and peculiar fitness of the

advocate. For he that could by historic illustration and gems of logic

carry conviction in a cultured city would be "wasting his sweetness on

the desert air" in the rural surroundings of the cabins of the lowly. I

have heard a point most crudely stated, followed by an apposite

illustrative anecdote, by a plantation orator silence the more profuse

cultured and eloquent opponent.

As he was still at his lesson on the duties and responsibilities of

citizenship, it was a study worthy the pencil of a Hogarth to watch the

play of lineament of feature, while gleaning high ideals of citizenship

and civil liberty amid the clash of debate of political opponents;

cheerful acquiescence, cloudy doubt, hilarious belief, intricate

perplexity, and want of comprehension by turns impressed the

countenance. But trustful in the sheet anchor of liberty, they were

worthy students, who strove to merit the great benignity. Canvassing was

not without its humorous phases during the perilous times of

reconstruction. The meetings, often in the woods adjoining church or

schoolhouse, were generally at a late hour, the men having to care for

their stock, get supper, and come often several miles; hence it was not

unusual for proceedings to be at their height at midnight. I was at such

a gathering in the lower part of the State, where Jack Agery, a noted

plantation orator, was holding forth, denouncing the Democracy and

rallying the faithful. He was a man of great natural ability and

bristling with pithy anecdote. From a rude platform half a dozen candles

flickered a weird and unsteady glare. Agery as a spellbinder was at his

best, when a hushed whisper, growing into a general alarm, announced

that members of the Ku Klux, an organization noted for the assassination

of Republicans, were coming. Agery, a born leader, in commanding tones,

told the meeting to be seated and do as he bid them. The Ku Klux,

disguised and pistol belted, very soon appeared, but not before Agery

had given out, and they were singing with fervor that good old hymn

"Amazing Grace, How Sweet It Sounds to Save a Wretch Like Me." The

visitors stood till the verse was ended, when Agery, self-controlled,

called on Brother Primus to next lead in prayer.

Brother P. was soon hammering the bench and calling on the Lord to come

on His "white horse, and to come this very minute." "Oh," said the chief

of the night riders, "this is only a nigger prayer meeting. Come, let us

go." Scouts were sent out and kept out to see that "distance lent

enchantment to the view," and the political feature of the meeting was

resumed.

The Negro is not without many of the prominent characteristics of the

successful politician. He is aggressive, conservative, and astute, as

occasion demands. Of the latter trait Hon. John Allen, ex-member of

Congress from Mississippi, and said to have been the prince of story

tellers, at his own expense gives this amusing incident. It was on the

occasion of the Carmack-Patterson contested election case. In beginning

his speech he called attention to Mr. Patterson's remarks. "Did any of

you," he said, "ever hear anyone pronounce a more beautiful eulogy on

himself than that just pronounced by Josiah Patterson? In listening to

it I was reminded of what my friend Jake Cummings once said about me. It

was in the great campaign of 1884. The Cleveland-Hendricks-Allen Club at

Tupelo had a meeting, and Mr. Taylor and Mr. Anderson spoke to the club

that night. As I chanced to be at home from my campaigning, I attended

the club meeting. After the regular speakers I was called for and

submitted some remarks about myself and my campaign. After I had spoken

the crowd called for Jake Cummings, a long, black, slick old Negro

carpenter, who lives in Tupelo. Jake's speech ran about this way: "Well,

gentlemen, it's gettin' kinder late now. I don't know as it's necessary

for me to say anything. You's heerd Mister Taylor and Mister Allen on

the general politics of the day. They's dun told you what sort of man

Blaine is, and what sort of a man Cleveland is. It don't look to me like

no honest man ought to have trouble in picking out the fittinest man of

them two. And then you's heerd Mister Allen on hisself, and he has

ricommended hisself so much higher than any the rest of us kin ricommend

him it ain't worth while for me to say nuthin' about him.""

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