CHAPTER XIII.

There is at present a lowering cloud on prospect of righteous rule in

many of the Southern States, but the relative rights and

responsibilities of equitable government, enunciated from desk in

church, schoolhouse, or from stump in grove by the Republicans during

and since reconstruction, have been an education to the poor whites,

hitherto ignorant and in complete political thraldom to the landed

class, and to the freedman a new gospel, whose conception was

necessarily limited to his rights as a newly-fledged citizen.

Nevertheless, they were the live kernels of equality before the law,

that still "have their silent undergrowth," inducing a manhood and

patriotism that is now and will more and more blossom with national

blessing. Friends regretfully and foes despairingly sometimes speak of

the tardiness of his progress. He will compare favorably, however, for

all history records that it is slowly, through the crucible of physical

and mental toiling, that races pass to an elevated status. For of serfs

he was not the least in his appreciation of liberty.

Sir Walter Scott, in his note on English history during the reign of

George III, of the "colliers and salters, who were not Negroes," says:

"The persons engaged in these occupations were at the time bondsmen, and

in case they left the ground of the farms to which they belonged, and as

pertaining to which their services were bought and sold, they were

liable to be brought back by a summary process. The existence of this

species of slavery being thought irreconcilable with the spirit of

liberty, the colliers and salters were declared free, and put on the

same footing with other servants by the act of George III. But they were

so far from desiring or prizing the blessing conferred on them that they

esteemed the interest taken in their freedom to be a mere decree on the

part of the proprietors to get rid of what they called "head or harigold

money" payable to them when a female of their number, by bearing a

child, made an addition to the live stock of their master's property."

If the fitness for liberty is the measure of persecution sustained in an

effort for its enjoyment, of that disciplinary process the freedmen have

not been deprived, for ever since his maiden attempt to exercise the

right of an American citizen he has encountered intense opposition and

physical outrage, all of which has been met by non-resistance and manly

appeal to the American conscience for protection; first from the "Ku

Klux band" of murderers, and subsequently against the vicious practices

to deprive him of his political rights, should establish his claim.

Nevertheless, after a third of a century of successful endeavor,

educationally and materially, efforts are being made in Southern States

for his disfranchisement and the curtailment of his education. On this

attempt George C. Lorimer, a noted divine and writer, in a late article

in "The Watchman," under the head of "The Educational Solution of Race

Problems," has this to say:

"But may it not be that this reactionary movement rather

expresses a fear of education than a serious doubt of its

power? We must remember that conditions are peculiar in the

South, and, in some quarters, there exists a not unnatural

apprehension that Negro supremacy may prevail. To avert this

political catastrophe, extraordinary measures have been

adopted. To the difficulties that beset the Southern people we

cannot be indifferent, and neither should we assume that we

would act very differently, were we similarly situated. But we

think, in view of all the circumstances, that their position on

this subject exposes them to the suspicion that it is the

success of education they fear, and not its failure. This

apparent misgiving reasonably awakens distrust in the soundness

of their contention."

It is assumed by many who oppose the educational solution that inferior

races are unassimilable in their nature to the higher civilization.

Proof is sought for in the alleged decadence or disappearance of the

Turanian people of Europe, the natives of South America, and the West

India Islands. But what is this civilization that is so fatal in its

operation? What do we mean by the term? What is that exalted something

before which African and Asiatic must perish? Does it consist in armies,

machinery, saloons, breweries, railways, steamboats, and certain

commercial methods that are fatal to truth and honesty. Baron Russell,

Lord Chief Justice of England, included none of these in his conception

of its character. He is recorded as saying: "It's true, signs are

thoughts for the poor and suffering, chivalrous regard and respect for

women, the frank recognition of human brotherhood, irrespective of race

or color, or nation or religion; the narrowing of the domain of mere

force as a governing factor in the world, the love of ordered freedom,

abhorrence of what is mean and cruel and vile, ceaseless devotion to the

claims of justice. Civilization in its true, its highest sense, must

make for peace."

[Illustration: HON. PINCKNEY B. S. PINCHBACK,

United States Senator.

Born May, 1837--Educated at Gilmon High School, Cincinnati,

Ohio--Captain Co. A, 2d Regiment, Louisiana Volunteers--Member

of Constitutional Convention of Louisiana--State

Senator--Lieutenant-Governor--Editor and Lawyer--Able as a Statesman,

Eloquent as an Advocate, and Unflinching in Defense of Equal Justice.]

Previous to the National Convention which nominated General Grant for a

second term, there had been held a conference of colored leaders, who

assembled at New Orleans to elicit opinion and divine the probable

course of the colored delegates at that convention. It was there I first

met that faithful, able, and invincible champion of the race, Governor

P. B. S. Pinchback and Captain James Lewis, my fellow-member of the "Old

Guard," who, true in peace as war, never surrendered. The conference,

though not great numerically, was strong in its mental calibre and

representative character, with Douglas, Langston, Cuney, and others who

have since passed to the great beyond. The colored office holders at

Washington under Grant were much in evidence and naturally eager for his

endorsement.

There was much discussion, and while an ardent advocate for Brooks, I

could not follow his supporters--the Brindle wing of the party in my

State--in their choice of Horace Greely for President. My slogan in the

State canvass had been Grant for President and Brooks for Governor. The

wisdom of the conference determined upon a non-committal policy. It was

thought unwise, in our peculiar condition, to hasten to proclaim in

advance of the gathered wisdom of such an august body as a National

Convention. Hence, the conference concluded by setting forth by

resolutions, grievances, and a reaffirmation of fealty to the Republican

party.

The result of the State election in Arkansas in 1872 was that Brooks got

the votes and Baxter the office, whereupon a contest was inaugurated,

terminating in civil war. The Baxter, or Minstrel, wing of the party,

with the view of spiking the guns of the Brindles, had, in their

overtures to the Democrats during the campaign and in their platform at

the nominating convention declared in favor of enfranchising the

Confederates that took part in the war against the Union. Baxter's

movement in that direction and his appointment of Democrats to office

created discontent in both wings of the Republican party, leading to

their union and determined steps for his removal and the seating of

Brooks, who, both factions now declared, was elected. The doctrine of

estoppel "cutting no figure" with the Baxter contingent. A writ of

ouster was obtained from Judge Vicoff, of the Circuit Court, which

Sheriff Oliver, accompanied by Joseph Brooks, J. L. Hodges, General

Catterson, and one or two others, including the writer, proceeding to

the State House and made service.

No notice of such action having preceded, Governor Baxter was

ill-prepared for the announcement. After a short parley with his private

secretary, General McCanany, escorted by the Sheriff and General

Catterson down the stairway, they were met by Hon. J. N. Smithea, the

able editor of the "Arkansas Gazette." Leaving the building, they went

direct to the Antony House, on East Markam Street. Word was sent to A.

H. Garland, U. B. Rose, R. C. Newton, and other prominent Democrats, who

soon joined him in consultation. Governor Baxter immediately notified

President Grant of the situation and sent instructions to the custodian

of State arms at the U. S. Arsenal to honor none but his order for

delivery. Joseph Brooks was sworn in, and the two Governors made

immediate preparations for siege and defence. Main Street south from the

river to the boundary line of the city was the dividing line of the two

factions. Governor Baxter to the east on Markam Street, and Governor

Brooks, at the Antony House, to west; at the State House established

their respective quarters.

A condition of unrest had pervaded the State for several months

preceding this event, and when the slogan of war was sounded the

respective adherents by hundreds from all over the State hastened to the

capital. On the morning following the "coup d'etat" a report reached the

State House that a company of colored men, commanded by Gen. King White,

from Pine Bluff, had arrived and was quartered on Rock Street. On the

assumption that the men were misinformed as to the merits of the

quarrel, it was proposed that they be interviewed. To do that was to

cross the line and enter the enemy's territory. It was not unlike the

query of the rats in the fable, Who shall bell the cat? I was solicited,

and, learning I had friends in the company, consented to go. Going south

on Center Street to cross the line by a circuitous route, I reached Rock

Street, and nearly the rendezvous. But the "best laid plans of men and

mice oft gang a glee." The emissary had been discovered and reported.

Approaching me at a rapid rate, mounted on a charger which seemed to me

the largest, with an artillery of pistols peeping from holsters, rode

General George L. Bashman, of the Baxter forces. Reining up his steed he

said, not unkindly: "Judge Gibbs, I am instructed to order you to leave

the lines immediately, or subject yourself to arrest." As formerly

intimated, and not unlike Artemus Ward, I was willing that all my wife's

relatives might participate in the glories and mishaps of war. Hence I

bowed a submissive acquiescence and returned. I appreciated the amity

expressed in the manner and delivery of the order--an amity of which I

have been the recipient from my political opponents during the thirty

years of my domicile in Arkansas.

General Rose, who held command at the Arsenal, and had received

instructions from Washington to keep peace pending a settlement of the

controversy, with a detail of soldiers, had erected a barricade opposite

the City Hall on Markam Street and placed a piece of artillery on

Louisiana Street, pointing to the river. In the afternoon of their

arrival, General White's troops, headed by a brass band, marched on

Markam Street to the Antony House. While so doing a report became

current that they were preparing to attack the State House. General Rose

attempted to investigate and, with his orderly, rode rapidly on Markam

Street, across Main, toward the Antony House. At the moment a shot,

increasing into volleys, from combatants on either side, who primarily

were the aggressors was never known. It resulted in several casualties.

Colonel Shall was killed in the Antony House, and others within the

precincts of the City Hall and Metropolitan Hotel. Markam Street

suddenly assumed a Sunday-like appearance, the Brooksites seeking safety

in the State House and the Baxterites in the Antony. The feet of General

White's troops fought bravely. Three hours later it was announced that

they had made the fifty miles to Pine Bluff without a break, windless,

but happy. Each faction was deficient in arms to equip their adherents.

A company of cadets from St. John's College had been placed at the

service of Baxter.

At the State University at Fayettville were stored rifles and

ammunition, the property of the State. Thither Col. A. S. Fowler, of the

Brooks forces, proceeded, and, with courage and diplomacy, succeeded in

obtaining and placing a supply on a flat boat, and commenced his trip

down the river. Information of this movement having reached the Antony

House, the river steamer Hallie, with a detachment of Baxter forces, was

dispatched up the river to intercept, and succeeded in passing the State

House without interference. The circuitous character of the river

enabled a company from the State House, by quick march, to overhaul it

at a bend of the river, a fusillade of whose rifle shots killed the

captain, wounded several others, and disabled the steamer, which was

captured and brought back to the State House. A restless quiet then

ensued, occasionally broken by random shots.

In the meantime Governor Baxter had called an extraordinary session of

his legislative adherents, vacancies of recalcitrant Republicans filled,

the Brooks government denounced, and an appeal to the President for

support. All the records and appurtenances of the Secretary of State's

office, including the great seal of the State, were in possession of

Brooks at the State House. Information that a duplicate had been made in

St. Louis and was en route to the Antony House was received, whereupon

General D. P. Upham made application for a search warrant to intercept

it, a copy of which is as follows:

"I, D. P. Upham, do solemnly swear that one Elisha Baxter and

his co-conspirators have ordered and caused to be made, as I am

informed, a counterfeit of the great seal of the State of

Arkansas, and that the same is now or soon will be in the

express office of the city of Little Rock, as I am informed,

and that the same is intended for the purpose of defrauding,

counterfeiting, and forging the great seal of the State of

Arkansas by the paid Elisha Baxter and his co-conspirators, and

to use the same for illegal and fraudulent purposes, against

the peace and dignity of the State of Arkansas, and I ask that

a search warrant may issue forthwith, according to law, to

search for and seize said counterfeit seal, wherever or in

whomsoever possession it may be found.

"(Signed.) D. P. UPHAM.

"Subscribed and sworn to before me this 1st day of May, 1874.

M. W. GIBBS,

"City Judge."

The warrant was duly served and return made, with the seal. Baxter,

having now ignored the men who placed him in power, called around him as

supporters and advisers the brain and strength of the Democratic party.

Meanwhile each party had representatives in Washington, urging their

claims for recognition. As a party, the Republicans were at a

disadvantage. When Brooks, being elected, was contesting Baxter's right

to the Governorship, Baxter was supported by the leading and most

prominent republicans of the State, who swore "by all the gods at once"

that he and not Brooks was elected; but now they swore at once at all

opposing gods, who said that Baxter was.

A committee of Brooks men, of whom the writer was one, was sent to

Washington to present the claims and conditions to the President. When

the train, en route, stopped at Alexandria a gentleman came hurriedly in

and, accosting another, said: "What do you think? Grant has recognized

Baxter." I did not learn the thought or hear the response, being

possessed immediately by a feeling not unlike the boy whose "piece of

bread and butter falls with the butter side down." We pursued our way to

Washington to find the report true. We called at the White House several

times, but the engagements of the President prevented an interview. Late

of an afternoon, sitting in my room on I Street, I saw the President

approaching slowly and alone. I put on my hat, and was soon with him,

and, with becoming salute, addressed him. General Grant, who was ever

accessible to the most humble, attentively listened, as we walked, to my

brief statement of our case. He replied that his sympathies were with

us, for he believed that Brooks was elected; but that his Attorney

General had given an opinion that the people, through the expression of

their last Legislature, had endorsed Baxter, and that he must acquiesce.

That this avowal was sincere was shown by a subsequent message to

Congress on the subject, condemning the process by which the Democracy

had vaulted into power. When the dispatch from Washington recognizing

Baxter was received at the Antony House the faithful, while making the

welkin ring, made immediate preparations to take undisturbed possession

of the State House. The march of Governor Baxter and his adherents to

the capital was made, as imposing as had his former exclusion been

humiliating. A band playing inspiring music not unlike "See, the

Conquering Hero Comes," and stepping to the air came an array, led by

General King White, on horseback, with flags flying, animated and

exhilarated with all the pomp and circumstance of a victorious legion,

entered and occupied the building which Brooks and his following,

defeated and depressed, had vacated, in obedience to the President's

mandate. The prospect for their rehabilitation seemed shadowy, but, with

that hope said "to spring eternal in the human breast," they had

resolved to carry their contest to Congress.

It may be properly said of Joseph Brooks, as of Charles II, "His

fault--and no statesman can have a worse one--was that he never saw

things as they really were. He had imagination and logic, but he was an

idealist, and a theorizer, in which there might have been good if only

his theories and ideals had not been out of relation with the hard

duties of a day of storm."

There was opportunity for him to have secured the approval of the Poland

Committee. But the tenacity of his ideal of no concession allowed it to

pass.

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