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somehow, during its continuance Baxter had become reconciled with the white race, or the Democratic element, while the sympathy of the opposite party had been transferred to Brooks. The change was not without its influence upon the mind of President Grant, as will presently be shown.

The same legislature which settled the gubernatorial controversy to the satisfaction of the President passed an act providing for the call of a constitutional convention. This convention assembled on the 14th of July; -80,259 votes having been cast in favor of it, and only 8,607 against it. It was composed of ninety-one delegates. Radical changes were made in the constitution of 1868. All the changes favored "a larger liberty." All the old proscriptive clauses were swept away. It was provided that the judicial and other state officers should be elected by the people instead of being appointed by the governor. That official is said to have had more official patronage than any other state governor. Many other changes were made, but no right of the colored race was abridged.

The new constitution was ratified on the 13th of October, 1874, by a vote of 78,697 for it, to 24,807 against it. This immense majority in its favor shows that the people had no sympathy with the proscriptive policy of the Northern adventurers, nor with their scheme for prolonging their hold on power by conferring the appointments to office on the governor. The legislature and state officers were chosen on the same day. The nomination for the governorship was offered to Baxter by the Democratic convention. This shows that he had, with great good sense, gone to that party. But he declined; and Mr. Augustus H. Garland was nominated and elected governor. He lives to illustrate his fitness as the great friend of popular government and legal interpretations.

At the nominating convention held by the Republicans on the 15th of September, they adopted a long address. They declared the acts of the constitutional convention null and void. Had it not been called by a man called Baxter, who was not governor? Had he not been ousted from that office by the decision of the Pulaski County court? They asserted that Brooks was governor, and that all Baxter's official acts were illegal.

The singular turn of affairs in Arkansas by which the leaders of the two parties were found to have exchanged positions, and by which the parties themselves changed positions, had its effect on President Grant. It caused him also to change his course. In a message to the Senate, dated Feb. 8, 1875, - less than nine months from the date of his proclamation denouncing Brooks and his supporters as "turbulent and disorderly," he expressed the opinion that Brooks had been lawfully elected governor in 1872, and had been since that time unlawfully deprived of his office; that the constitution of 1868 had been overthrown, the new constitution adopted, and the new state government established by violence, intimidation, and revolutionary proceedings; and that, if these proceedings were allowed to stand, the rights of mi

ARKANSAS EXILES AND GHOSTS.

541

norities in all the states would be practically ignored. He submitted whether such a dangerous precedent should be recognized by Congress. He asked that Congress should take definite action in the matter. Congress took its best step toward regeneration then and there. Judge Poland was its exponent. Let it be known that Baxter was the radical Republican candidate for governor in 1872, while Brooks was the Greeley-Republican candidate, with the Democrats as his chief supporters; that a Republican legislature counted the vote in January, 1873; that it declared their candidate, Baxter, elected by a majority of between three and four thousand votes; that the same assembly rejected, by a vote of sixty-three to nine, Brooks's petition for leave to contest the possession of the office; that the supreme court of the state refused to hear his case; and that President Grant had pronounced Baxter to be the lawfully elected governor. And yet President Grant sent this mes'sage to Congress in February, 1875,- Brooks having in the meantime joined the Republicans and Baxter having coalesced with the Democrats:

"There can be no doubt that Brooks was defrauded of his right to

the office of governor. But the Republican legislature which counted

him out' had under the constitution the exclusive right to count the vote and declare the result. Redress can only come from the people at the next election."

But Brooks in the meantime had drifted into the ranks of his enemies.

Notwithstanding General Grant's potentiality then and there, his appeal to Congress to intervene in behalf of Brooks and of the old constitution was without effect. The House of Representatives had appointed a committee to investigate the affairs of Arkansas. That committee made majority and minority reports on the 6th of February. The majority report, made by the chairman, Mr. Poland, of Vermont, was to the effect that the government of Arkansas was proceeding peaceably and prosperously, and that there was nothing in the history of the adoption of the new constitution that called upon Congress or any department of the government to step in and wipe it out. Mr. Poland,— a grand tribune of the states and of the people,— in a speech advocating the adoption of the majority report, reminded his political friends that Brooks, with the emphasis of honesty and the courage of an honest soul, that man who now so commended himself to them,-had been the candidate of the Democrats and of the Greeley Republicans. He reminded them that the fraud upon him had been carried out by the regular Republican organization, at whose head stood Senator Powell Clayton, with Chief Justice McClure, sometimes designated by the unprofessional name of "Poker Jack," next in command.

Referring to a figure of speech used in the discussion by Mr. Coburn, of Indiana, who said that "the lawful and exiled governor of Arkansas had been stalking like a ghost in their midst for the whole winter," Judge Poland re

marked that the "ghosts" who marched by his side were the very men who had defrauded him out of his election, who had cheated him in every possible way, who had stuffed ballot-boxes, had figured with the returns, and who had kept out the votes of three whole counties, and of forty or fifty townships in other counties.

No further action was taken in the matter either by Congress or the national executive, and the government of Arkansas was left to itself, untroubled by Federal interference.

The majority report of the "joint select committee on the condition of affairs in the late insurrectionary states," made the 19th of February, 1872, states that the debt of Arkansas was, in 1860, $4,036,952; in 1865, exclusive of the debt incurred in the rebellion, which was repudiated, $4,527,879; in 1868, $4,820,630; and on the 14th of November, 1871, $5,361,265, with "contingent liabilities" for railroads amounting to $6,512,694, and with "prospective contingent liabilities" amounting to $7,877,306.

The minority report states the debt at the same date as follows:

Bonded and funded debt,

Floating debt,

Due for interest,

Amounts awarded to railroads,

Levee bonds,

Total,

$5,051,265

190,000 120,000 11,400,000

3,000,000

$19,761,265

The enormous increase of the taxes, state and county, was not sufficient to satisfy the rapacity of the adventurers.

There are so many ways of stating the amount of the public debt, as the debt proper and the debt contingent, that it is difficult to arrive at any clear notion of it, except that the debt of Arkansas was greatly increased. Besides, there was the expenditure of an immense revenue during the Republican or carpet-bag rule, and there was nothing in the way of public improvements left to show for the expenditure.

CHAPTER XXXI.

RECONSTRUCTION IN THE FIFTH MILITARY DISTRICT.

GENERAL GRANT

LOUISIANA - GENERAL SHERIDAN'S REMOVAL OF STATE OFFICIALS - HIS QUARREL WITH, AND REMOVAL OF, GOVERNOR WELLS- - THE PRESIDENT'S ORDER AS TO REGISTRATION DISREGARDED-RESULTS OF REGISTRATION - FORTY THOUSAND WHITES EXCLUDED FROM SUFFRAGE-REMOVAL AND APPOINTMENT OF NEW ORLEANS ALDERMEN AND OTHER OFFICERS - GENERAL SHERIDAN SUCCEEDED BY GENERAL HANCOCK-HIS SPECIAL ORDER ON ASSUMING COMMAND-RE-INSTATEMENT OF STATE OFFICIALS-MEETING OF THE STATE CONVENTION - THE NEW CONSTITUTION RATIFIED BY THE PEOPLE-GENERAL HANCOCK'S REMOVAL OF OFFICIALS NOT SUSTAINED BY - GENERAL HANCOCK RELIEVED AT HIS OWN REQUEST — THE DISFRANCHISING CLAUSE OF THE CONSTITUTION – THE PRESIDENTIAL ELECTION IN NOVEMBER, 1868-IMMENSE DEMOCRATIC MAJORITIES -EXPLANATION OF THE FACTS-THE NEGROES TERRORIZED AND LARGE NUMBERS OF THEM KILLED-THE LEGISLATURE OF 1869-GOVERNOR WARMOTH'S MESSAGE — MEASURES OF SOCIAL EQUALITY AND OF PUBLIC PLUNDER-LOW OPINION OF THE MEMBERS-LOBBYING AND BRIBING BY THE "BEST PEOPLE". THE STATE AUDITOR IMPEACHED-THE ELECTION OF NOVEMBER, 1870-THE REPUBLICANS TRIUMPHANT-REPEAL OF THE DISFRANCHISING CLAUSE-QUARREL BETWEEN THE REPUBLICAN FACTIONS-MOVEMENTS AND COUNTER-MOVEMENTS-CHARACTER OF GOVERNOR WARMOTH HIS EXPOSURE OF LEGISLATIVE PROFLIGACY-MUTUAL CHARGES OF KNAVERY BETWEEN THE REPUBLICAN LEADERS-HOW THEY ALL ENRICHED THEMSELVES - THE FALL ELECTION OF 1872-TWO RETURNING BOARDS DECIDING THE RESULTS DIFFERENTLY-RIVAL LEGISLATURES — WARMOTH IMPEACHED-PINCHBACK ASSUMES THE EXECUTIVE OFFICE, AND IS SUSTAINED BY PRESIDENT GRANT-THE PACKARD LEGISLATURE, AND ITS METHODS-THE MCENERY LEGISLATURE ORGANIZED AND SUSTAINED TWO GOVERNORS KELLOGG AND MCENERY INAUGURATEDSENATE COMMITTEE OF INQUIRY-MCENERY SUSTAINED BY THE PEOPLE - ARREST OF THE MCENERY LEGISLATURE - MILITARY RECOGNITION OF THE KELLOGG GOVERNMENT-MCENERY GIVES UP THE FIGHT-SANGUINARY CONFLICTS IN THE PARISHES-THE COUSHATTA MASSACRE — UPRISING IN NEW ORLEANS AGAINST THE KELLOGG GOVERNMENT - PROCLAMATION BY THE PRESIDENT — KELLOGG'S GOVERNMENT RE-ESTABLISHED BY THE MILITARY - COMPROMISE EFFECTED BY A HOUSE COMMITTEE-FINANCIAL STATEMENT-TEXAS-GENERAL SHERIDAN'S REPORT OF THE BAD CONDITION OF AFFAIRS - GENERAL GRIFFIN'S ORDER-REMOVAL OF THE GOVERNOR AND OTHER STATE OFFICIALS-GENERAL SHERIDAN'S REPORT -HIS REFLECTIONS ON PRESIDENT JOHNSON-THE CONSTITUTIONAL CONVENTION - Statistics oF CRIME-THE CONSTITUTIONS OF 1868 AND 1876 — GENERAL REYNOLDS CO-OPERATING WITH THE RADICALS – FINANCIAL STATEMENT.

G

ENERAL Philip Sheridan was appointed commander of the Fifth military district, composed of the states of Louisiana and Texas. In his order assuming command, he announced that the existing state and municipal governments of Louisiana and Texas were provisional only, but that no removals from office would be made unless the incumbents should fail to carry out the provisions of the reconstruction law, or impede "reorganization."

Among the first acts of General Sheridan as commander of the Fifth district were the removals of Judge E. A. Abell, of the criminal court of New Orleans, Andrew S. Herron, Attorney-General of the State of Louisiana, and John T. Monroe, Mayor of the city of New Orleans. These removals were made on the 29th of March, 1867. The ground stated for Judge Abell's removal was that he had, for nine months previous to July 30, 1866, been educating a large portion of the community to the perpetration of the outrages which were committed on that day, by almost promising that there should be no prosecution in his court against the offenders in case such an event occurred. The reason given for the removal of Attorney-General Herron was that, instead of indicting the rioters he indicted the victims, and was therefore a suspected coadjutor of Judge Abell in bringing on the massacre. As to Mayor Monroe, the reason given was that he controlled the element engaged in the riot, and felt secure in the support of the attorneygeneral who would not prosecute the guilty, and of the judge who advised the grand jury to find the innocent guilty and let the murderers go free.

The registration was ordered to commence on the 1st of May and to be completed on the 30th of June. General Sheridan stated in a dispatch to General Grant, that he anticipated no trouble in the work, and that the people generally would register. He said that he had in no way sought to mould the public mind to an acceptance or non-acceptance of the law, but had informed the people that the law would be enforced and the reorganization accomplished; and that he thought his course was not unacceptable to a majority of the people in the state. He said that, in appointing registrars throughout the state, he had invariably selected two citizens residents of the parish, and one ex-army officer from the city of New Orleans. This gave him, he said, a check on each board by having a tried and true man as chairman. He added that he had the boards supervised by intelligent army officers. He intimated that the Attorney-General of the United States should not hamper him too much, as no one could conceive or estimate, at so great a distance, the precautions necessary to be taken in the existing condition of society there.

The legislature of Louisiana, at the session of 1866-'67, had appropriated $4,000,000 in state bonds for repairing the levees. The disbursement of this money gave rise to a quarrel between the governor, James Madison Wells, and the legislature. General Sheridan settled the controversy somewhat after the fashion of the monkey in the fable, when the cats quarreled over the cheese. Both governor and legislature were dismissed, and the money was placed in the hands of a board of commissioners selected by the commander of the Fifth military district. This board was appointed by him on the 3d of May. On the 3d of June, General Sheridan issued a special order embodying a dispatch from Secretary Stanton which directed the suspension of proceedings on the part of the board. The same special order contained

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