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105-495: I, A. B. , do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to

210-469: A "masterpiece of confusion" by Arkansas historian Michael B. Dougan. "That carpetbagger Brooks ran with Democratic support against a scalawag nominated by a party composed almost exclusively of carpetbaggers was enough to bewilder most voters as well as the modern student." In the days before the election and the days afterward, predictions and reports of fraud were printed daily in the Gazette. Because of

315-412: A Minstrel, with Robert C. Newton , an ex-Confederate, as head of the state militia. U.S. Attorney General Williams contacted Baxter and suggested that he ask for federal troops for protection again. A letter from President Grant followed, offering protection. The Grant administration usually followed Powell Clayton's lead where Arkansas matters were concerned, so it can be concluded that the former governor

420-597: A Republican in April, 1868. The election was scarred with irregularities. For example, the return of votes in Pulaski County exceeded the number of registered voters. Also, the registrars , who controlled the distribution of ballots, admitted that they had given ballots to voters from other counties if they could show a valid registration certificate. Both sides claimed election fraud and voter intimidation: armed parties had been stationed on roads to keep voters away from

525-576: A bill re-enfranchising ex-Confederates, to the delight of much of the state population and the concern of the Minstrels. The legislature called a special election in November to replace 33 members, mostly Minstrels, who had left for patronage jobs in the Baxter government. Baxter refused to let the Minstrels manipulate the election, declaring that free, honest elections would be held during his term. With

630-495: A broader political deal with the friends of Ku Klux Klan members Dandridge McRae and Jacob Frolich , who were involved in the murder of Albert H. Parker and had become fugitives. The agreement entailed that the Democrats would not nominate a state ticket for the 1872 election and would instead support Brooks and his followers for state offices. In exchange for Democratic support, Brooks and his faction were to assist in acquitting

735-679: A county judge declared Brooks the rightful governor, citing election fraud. Brooks seized control of the government by force, but Baxter refused to step down. Each side garnered support from their respective militia , consisting of several hundred black men. This led to several violent clashes between the factions. As the conflict continued, Black Arkansans increasingly supported Brooks over Baxter, and white Democrats rallied behind Baxter in an attempt to end Reconstruction in Arkansas. Ultimately, U.S. President Ulysses S. Grant reluctantly intervened, throwing his support behind Baxter and bringing an end to

840-586: A fraud. It was one of the worst ever yet perpetrated in the state. The city judges paid no attention to any registration either old or new, but permitted everybody to vote, and in many instances without question. Men were marched from one ward to another and voted early and often. On November 6, 1872, the day after the general election, the Gazette reported: "The election was one of the most quiet in Little Rock we ever witnessed." The returns on that day were too small to report with any certainty who had won, and

945-595: A government position, seeing Brooks as a potential rival. The Claytonites started calling the new faction the Brindle-tails. This name can be traced back to Clayton supporter Jack Agery, who was a freedman, contractor, and orator in the state. In a speech he gave in Eagle Township in Pulaski County, he said that Brooks reminded him of a "brindle-tailed bull" he had known as a child that scared all

1050-487: A law partnership in Little Rock with future U.S. Congressman and fellow Unionist James M. Hinds . The Mistrals, who were also the regular Republican party, chose Baxter believing since he was seen as a long time resident of the state, and was a former slave holder he would appeal to the nativests Republicans and Democrats alike. Brooks was thoroughly disliked by both nativists Republicans and Democrats, in fact Clayton would muse in his memoirs that besides himself Joseph Brooks

1155-497: A new constitutional convention and selected delegates, who convened in Little Rock in January 1868. The President was Thomas M. Bowen of Crawford County . The vice presidents included James Hinds , Joseph Brooks, John McClure . A coalition of native white unionists, freedman, and carpetbagger Republicans prevailed on most critical proposals. The 1868 Constitution of Arkansas, adopted by the convention on February 11, 1868, marked

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1260-547: A place for Joseph Brooks. Rivalry between Brooks and Clayton predated the 1868 election. Clayton saw Brooks as his strongest competitor for preference and distinction and did not want him to become too entrenched with the party leadership. Brooks felt that his ability and service to the party were not being recognized or appreciated, and he grew bitter and resentful of the other Republicans, including Clayton. Democrats, calling themselves "Conservatives," strongly opposed granting freedmen voting rights, viewing it as an overreach of

1365-567: A proclamation declaring the winner and deliver the seal of the state to him. Boles won the election but Clayton instead certified Edwards as the winner following the actions of the State Supreme Court and a legislature investigation concerning the outcome of the General Assembly elections in Pulaski County. Polls in Pulaski County were taken over by Brindle-tails and stopped legally appointed Minstrel judges from arriving at

1470-402: A provision that had been absent under the previous government. The 1868 Constitution expanded the powers of the governor, including the ability to appoint state officials. Furthermore, the constitution temporarily disenfranchised former Confederate Army officers and those who refused to pledge allegiance to the civil and political equality of all men. This measure was taken to ensure the loyalty of

1575-502: A short address he was sworn in by Chief Justice John McClure. He then assumed the duties of Governor of the State of Arkansas. Brooks supporters immediately claimed that the election had been dishonest. The Democrats, the Brindle-tails, and all non-Republican newspapers openly and vocally denounced the election as fraudulent, and insisted that Brooks had in fact received the most votes. The general citizenry of both parties, however, accepted

1680-422: A sick performer in a minstrel show , complete with blackface . The Brindle-tails desperately wanted Clayton out of the governor's office. Conveniently, Lieutenant Governor James M. Johnson was a Brindle-tail, so the natural course of action was to try to get rid of Clayton and let Johnson succeed him. Clayton was well aware of their plans, and when he left the state briefly for New York on business concerning

1785-414: A significant shift in the state's governance and societal structure. This constitution extended voting rights to emancipated adult male slaves, now referred to as freedmen, acknowledging their new status as citizens. The constitution also introduced a system of public education, accessible to all citizens regardless of race or color. Additionally, welfare institutions were established to support those in need,

1890-399: A source of infinite joy and satisfaction, to the oppressed and long suffering people of Arkansas, to learn that, on yesterday, the tyrant, despot and usurper, late of Kansas, but more recently, governor of Arkansas, took his departure from the city and his hateful presence out of our state, it is to be hoped, forever and ever. Although no longer a state official, Clayton remained the leader of

1995-638: A tax to pay the interest on the bonds. This was clearly not legal and the veto called into question the legality of the 1868 railroad bonds, which created a public bonded debt. It is likely the Minstrels struck a deal with Brooks to support the railroad bonds, and within a month the political backers of Brooks and Baxter began to switch. Most importantly Senator Clayton had lost confidence in Governor Baxter's moderate style, which clashed with Clayton's progressive agenda. In his memoirs, written much later in life, Clayton would accuse Baxter of colluding with

2100-407: A threat to their traditional power structure and social dominance. Many white Republicans, particularly in rural areas, held racist views and resented the advancements made by freedmen. They opposed Clayton's Reconstruction policies and felt the party was straying from its original focus on economic revival and states' rights. Personal rivalries and disagreements over political strategies further fueled

2205-491: A year and was following an independent course. He began dismantling the systems put in place by the Minstrels. He appointed honest Democrats and Republicans to the Election Commission, reorganized the militia by placing it under the control of the State, rather than the governor, and pushed for an amendment to the state constitution to re-enfranchise ex-Confederates. On March 3, 1873, the state legislature passed

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2310-569: The US Supreme Court held that the federal ironclad oath for attorneys and the similar Missouri state oath for ministers, teachers, and other professionals were unconstitutional because they violated the constitutional prohibitions against bills of attainder and ex post facto laws . In March 1867, Radicals in Congress passed a law that prohibited anyone from voting in the election of delegates to state constitutional conventions or in

2415-399: The rebel states to accept the 14th Amendment – establishing civil rights for freedmen – and enact new constitutions providing suffrage to freedmen while temporarily disenfranchising former Confederates. Some conservatives and Democrats refused to participate in the writing of the constitution and ceased participation in government. Republicans and Unionists wanting Arkansas to rejoin

2520-691: The 14th Amendment. Their resistance stemmed from a perceived threat to political power and social order. Frustration grew as they had to pay taxes for infrastructure while still being disenfranchised, fueling opposition to Radical policies. Violence soon erupted throughout the state. Former Confederate Army officers in nearby Memphis, Tennessee, formed the Ku Klux Klan to fight against the new order. The Klan quickly spread into Arkansas. Republican officials, including Congressmen James Hinds, were attacked, as were black citizens seeking to exercise their new civil rights. Hinds and Brooks were ambushed by gunmen on

2625-720: The 1868 formula to swear to "future loyalty." US President Ulysses S. Grant vetoed the law, but Congress passed it. Voting restrictions on former Confederates varied by state during the rest of the Reconstruction era. Few were disenfranchised in Georgia, Texas, Florida, North Carolina, and South Carolina. Alabama and Arkansas banned only those ineligible from holding office under the Fourteenth Amendment. Louisiana banned newspaper editors and religious ministers who had supported secession or anybody who had voted for

2730-705: The Circuit Court shortly thereafter on January 7, 1873. Judge H. C. Caldwell heard the Harrison case, and rendered an opinion stating that the Federal Court had no jurisdiction in the matter, and dismissed the case. The Harrison decision resulted in the dismissal of the Brooks case as well. Brooks then took a petition to the General Assembly, asking for a recount. The assembly took up the matter on April 20, 1873, and voted 63 to 9 not to allow Brooks to contest

2835-413: The Democrats, even saying when the two were traveling together campaigning Baxter would sneak off at night to meet secretly with Democrats, and made them promises he had no authority to. He would go as far as to say of Baxter: "If we did not elect Judge Baxter, we were defeated; and if we did elect him, we were also defeated, which in the end proved true." Specifically, what Clayton was most displeased with

2940-649: The General Assembly against him. The chief charge was that Johnson, acting as the President of the Senate, had administered the oath of office to Joseph Brooks, who had recently been elected as state senator, and then recognized him on the floor. Although this was legitimately within his powers as the lieutenant governor to do, he escaped impeachment by only two votes. The scrutiny of the proceedings seriously damaged his reputation, even though he had done nothing wrong, and his political career never recovered. In 1871, Clayton

3045-776: The Hill Counties, where they needed it to gain local majorities. In May 1884, President Chester Arthur signed the law repealing the remaining Ironclad Oaths and jurors' test oath statutes. 38th United States Congress The 38th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives . It met in Washington, D.C. , from March 4, 1863, to March 4, 1865, during

3150-471: The Holford Bonds, he informed no one. When Johnson, who was at home some distance from the capital, found out he tried to head to the capital to take control and have Clayton arrested and impeached. He arrived too late. Subsequently, after Johnson made a speech demanding changes in the administration, the Minstrels started to target Johnson. On January 30, 1871, they introduced articles of impeachment in

3255-452: The House then tried to suspend Clayton from his duties as governor by force. They even apparently tried locking him in his office and nailing the door shut. However, Clayton responded that they had no right by the state constitution to deprive him of his office. At the same time, the House also brought impeachment charges against Chief Justice John McClure for his part in trying to deny Johnson

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3360-452: The Klan was responsible for most of the violence in the state at this time. A state militia was organized to put down the violence, although it was poorly equipped. With no uniforms and irregular weapons and mounts, the militia was often mistaken for wandering bands of plunderers, sparking a brief but long-remembered "Militia War", and causing terror throughout the state. This was similar to what

3465-413: The Klan, which had threatened to kill Hinds and was actively killing and assaulting other Republicans. Reflecting the times, no-one was ever arrested for the murder. As more violence spread throughout the state, Clayton declared martial law in 14 counties. Many Democratic newspapers denied the existence of the secretive Ku Klux Klan while still reporting on the violence. 20th-century research shows

3570-550: The Union formed a coalition to write and pass the new constitution, and formed a new state government. In the wake of a wave of reactionary violence by the Ku Klux Klan and a poor economy, the coalition soon fractured into two factions: the Minstrels, who were mostly carpetbaggers, and the Brindle-tails, who were mostly scalawags. This led to a failed impeachment trial of the carpetbagger Republican governor, Powell Clayton ; he

3675-661: The Union or supported the Confederacy: that is, he had "never voluntarily borne arms against the United States", had "voluntarily" given "no aid, countenance, counsel or encouragement" to persons in rebellion; and had exercised or attempted to exercise the functions of no office under the Confederacy. A farmer who sold grain to the Confederate Army would be covered. The oath was detested by ex-Confederates, some of whom called it "The Damnesty Oath." Congress devised

3780-476: The United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to

3885-674: The White County prisoners, who were associated with McRae and Frolich. This alliance was also aimed at supporting a Horace Greeley Liberal National ticket . The deal included plans for the acquittal of McRae, Frolich, and other prisoners, involving manipulation of the judicial process, such as the election of a special judge sympathetic to their cause and the scattering of witnesses to prevent their testimony. Neither McRae or Frolich would ever be indicted and would end up serving as Secretary of State and Deputy Secretary of state of Arkansas respectively. The election of 1872 has been described as

3990-407: The candidates with a majority of the votes cast. The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, when they were first seated. Changes resulting from subsequent replacements are shown below in the "Changes in membership" section. During this Congress, two seats were added for each of

4095-545: The committee. Brooks%E2%80%93Baxter War Elisha Baxter Joseph Brooks The Brooks–Baxter War , also known as the Brooks–Baxter Affair , Arkansas Civil War , or the Second American Civil War was an attempt made by failed gubernatorial candidate Joseph Brooks of the “Brindle-tail” faction of Arkansas' Republican Party to take control of the state from Elisha Baxter , who

4200-596: The conflict. The conflict, followed by a complete restructuring of state government under the Arkansas Constitution of 1874 , marked the end of Reconstruction in Arkansas, resulting in a significantly weakened Republican Party in the state as Democrats took power and controlled the governorship for 90 years. After the American Civil War, rebel states, including Arkansas, were in disarray. Slavery, key to their economies and social structure,

4305-557: The disenfranchised and the Liberal Republicans. For their part, the Brindle-tails mockingly referred to the carpetbaggers and Claytonist Republicans as the Minstrels, and that name stuck as well. This moniker can probably be traced to John G. Price, the editor of the Little Rock Republican and a staunch Clayton supporter. Price was known to be a good musician and comedian and had even once filled in for

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4410-484: The division. Some Republicans prioritized economic recovery and believed cooperation with Democrats (who held economic power) was necessary. Others, saw Democrats as obstructionist and favored more radical measures to address economic disparities and empower freedmen. National Republican policies, particularly President Grant's perceived leniency towards the South, further fueled discontent among Arkansas Republicans. Some felt

4515-555: The election. This did not deter Brooks, and he applied to the Arkansas Supreme Court for a writ of quo warranto , and was again denied. They also ruled that state courts had no jurisdiction in the matter, and dismissed the case. They gave a lengthy explanation as to why the General Assembly should decide contested gubernatorial elections in Joint Session, since they are the directly elected representatives of

4620-615: The electorate, and "many potential opponents had been disfranchised, while others have simply refused to participate in what they regarded as a rigged election." Perman argues that while the Radicals had controlled the state constitutional conventions, they increasingly lost power inside the Republican Party to conservative forces, which repudiated disfranchisement and proscription. Voters in Texas, Virginia, and Mississippi voted down

4725-494: The end of his term, the state debt had increased to $ 5 million. The 'scalawag' native conservative Republicans and the 'carpetbagger' migrant radical Republicans had managed to form a coalition to seize complete control of the state in 1868, however this would be short lived. Clayton actively pursued social and political reforms during Reconstruction, including enfranchising freedmen and advocating for their civil rights. This alienated many white Republicans, who saw these policies as

4830-446: The grounds that the new constitution was illegal, because it disenfranchised them while giving suffrage to the freedmen, whom they insisted were an inferior race. They also alienated the freedmen who were now the largest block of voters in the state, by adopting resolutions against them: their first resolution of the convention was "Resolved, that we are in favor of a White Man's Government in a White Man's country." The new constitution

4935-575: The help of the newly re-enfranchised voters, conservative Democrats swept the election and gained a small majority in the legislature. Baxter was about to erode his Republican base out from under him. In March 1874, Baxter vetoed the Railroad Steel Bill, the centerpiece of the Radical Republican Reconstruction plan. The bill would have released the railroad companies from their debts to the state and created

5040-515: The last Congress, requiring reelection in 1866. All representatives were elected statewide on a general ticket . The count below reflects changes from the beginning of the first session of this Congress. Lists of committees and their party leaders for members of the House and Senate committees can be found through the Official Congressional Directory at the bottom of this article. The directory after

5145-477: The last two years of President Abraham Lincoln 's first term in office . The apportionment of seats in the House of Representatives was based on the 1860 United States census . The Senate had a Republican majority, and the House of Representatives had a Republican plurality; Republicans controlled the House by sharing a coalition with Unconditional Unionists . The Confederacy fielded armies and sustained

5250-419: The name the " Liberal Republicans " and a populist platform for universal amnesty, universal suffrage, economic reforms, and an end to the so-called Clayton dictatorship. A small group of Claytonites, disgruntled with the extravagance of the administration, also defected to this group. Among them was Joseph Brooks, who claimed to be the originator of Radicalism in Arkansas and became their natural leader. Brooks

5355-629: The national party was abandoning its commitment to Reconstruction and racial equality. The Democratic party actively exploited the divisions within the Republican party, portraying the Scalawags as traitors to white southerners and the Carpetbaggers as dangerous radicals. These factors converged to create a deep rift within the Republican party, and irreconcilably divided the party into factions. The scalawags met in convention and adopted

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5460-591: The new constitutions even though many opponents were disfranchised. The result was that by 1870, in every state except Arkansas, the Republicans had dropped restrictions against ex-Confederates and supporters, such as the Ironclad Oath. In Arkansas, the Republicans split, which led to an armed conflict called the Brooks–Baxter War . In 1871, Congress modified the oath to permit all former rebels to use

5565-513: The new states of Nevada and West Virginia, thereby adding four new seats. Before this Congress, the 1860 United States Census and resulting reapportionment changed the size of the House to 241 members. During this Congress, one seat was added for the new state of Nevada, and three seats were reapportioned from Virginia to the new state of West Virginia. This list is arranged by chamber, then by state. Senators are listed by class, and representatives are listed by district. Senators were elected by

5670-449: The newspaper reported fraud. Rumors flew about claiming that registration had been cut short or extended in many counties to suit the needs of whoever controlled the polling places. The following Monday, the Gazette published incomplete tallies from the various counties, showing a small majority for Baxter. They also reported more forms of attempted fraud. Some unofficial polling places had apparently been set up, but only those votes cast at

5775-576: The oath in July 1862 for all federal employees, lawyers, and federal elected officials. Congress, in turn, made it voluntary for the incoming 38th United States Congress . In 1863, Lincoln proposed the Ten percent plan , which suggested that this same oath apply to 10% Southern voters as part of Reconstruction. Congress then attempted to apply the oath to 51% of Southern voters in the Wade–Davis Bill of 1864 but

5880-426: The oath in the South to keep political opponents from holding office or (in some states) from even voting. Hyman says, "most Southerners, even good Republican supporters, were disfranchised by the ironclad oath's blanket provisions rather than by the Fourteenth Amendment's highly selective disabilities." Perman emphasizes that the Republican ascendancy in the South was "extremely precarious" because Congress had defined

5985-462: The obvious inconsistencies in the election, Congress was satisfied and Arkansas was readmitted to the union. This election would be a harbinger of the future voting irregularities that would eventually lead to the Brooks-Baxter conflict. Powell Clayton, a 35-year-old former brigadier general in the Union army who remained in Arkansas after marrying an Arkansas woman, was elected governor as

6090-567: The office. On October 8, 1873, Baxter filed a plea of non-jurisdiction, but he believed that the court might decide against him. He issued a telegram to President Grant informing him of the basic situation in Arkansas and asked for federal troops to help him maintain the peace. Grant denied his request. There were rumors that Joseph McClure, the Chief Justice who had sworn him into office, intended to have Baxter either arrested or killed, ostensibly because Baxter had replaced W. W. Wilshire,

6195-447: The other cattle. Brooks claimed that they were originally just called "Brindles" referring to the mixed races of his supporters, his initial power base had been the black community. The Claytonist, he said, added the "tail" part in their newspapers. The Brindle-tails' platform included a proposal for a new constitution that would re-enfranchise ex-Confederates, which appealed to Democrats and pre-war Whigs . They began gaining support among

6300-415: The pages of terms of service lists committees of the Senate, House (Standing with Subcommittees, Select and Special) and Joint and, after that, House/Senate committee assignments. On the committees section of the House and Senate in the Official Congressional Directory, the committee's members on the first row on the left side shows the chairman of the committee and on the right side shows the ranking member of

6405-543: The people of the state were not generally prosperous. Bond issues generated controversy and were the source of scandals in the administration. All of the old railroad and infrastructure bonds, including the controversial Holford bonds which had already been declared illegal by the Arkansas Supreme Court, were gathered into a funding act and passed by the legislature. Many bonds were issued for roads and railroads that were never built, or were constructed and then torn up and rebuilt in another direction. Some projects even received

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6510-408: The people. It appeared that Brooks had exhausted all legal avenues at this point, but on June 16, 1873, he filed another lawsuit against Baxter, this time with the Pulaski County district court. Under Arkansas Civil Code sec. 525, if a person usurps an office or franchise to which he is not entitled, an action at law may be instituted against him either by the State or by the party rightly entitled to

6615-543: The polls to do their duty. Judges for the polls of the First and Third Wards and Eagle Township held separate voting boxes nearby. The clerk certified all usurped boxes and refused to certify the votes that were conducted by the legally appointed judges. The defeated candidates sued, and the State Supreme Court forced the clerk to certify the votes. As a result, the Brindle-tail delegates of Pulaski County were expelled from

6720-415: The polls. General Gillem, commander of the military district that included Arkansas , wrote to General Grant that it would take months to sort out which side had committed the greater election fraud. In July 1868, Arkansas rejoined the Union and Clayton was inaugurated governor. The new general assembly had already begun meeting in April, but had been unable to do anything other than prepare legislation for

6825-500: The population being mostly Democratic. Governor Clayton faced a desperate need for infrastructure rebuilding. His diverse efforts included hefty tax hikes, bond issues to restore credit, and even printing state-issued "scrip." Despite these measures, soaring inflation, economic hardship, and a tripling of Arkansas's debt by 1873 marked this period of financial struggle and political discontent. Introducing more taxes proved to be hugely unpopular among both Democrats and Republicans, and

6930-454: The privileges of his office of lieutenant governor. Two successive inquiries failed to find evidence against Clayton. The legislature refused to continue, all charges were dropped, and Clayton was exonerated. In fact, he was never found guilty of any wrongdoing while governor. Finally a deal was reached. Johnson, now politically badly damaged by his impeachment ordeal and willing to take any position he could get, resigned as lieutenant governor,

7035-528: The rebellion into a second Congress, but the Union did not accept secession and secessionists were not eligible for Congress. Elections held in Missouri and Kentucky seated all members to the House and Senate for the 38th Congress. Elections held among Unionists in Virginia, Tennessee and Louisiana were marred by disruption resulting in turnouts that were so low compared with 1860, that Congress did not reseat

7140-415: The regular polls had been certified. By November 15, the Gazette claimed victory for Brooks. By the next day, because of the irregularities and votes that would be thrown out, the projected winner was Baxter, by only 3,000 votes. The General Assembly met on January 6 for a special joint session to declare Baxter, who by their count had received the most votes, the legal winner of the election. After

7245-399: The relatively slow communications, messages from other counties were often delayed up to a week. There were numerous reports of anomalies in state polling centers, including names being inexplicably stricken from the voter registration lists and persons voting without proof of registration. The Gazette wrote: It would be as great a farce of yesterday's election to designate it otherwise than

7350-482: The results. The Brooks supporters were in the minority in believing that the election had been fraudulent. The first to file suit over the election was Judge William M. Harrison, who had been on the Brooks ticket. He filed a Bill of Equity with the U.S. Circuit Court in Little Rock, claiming he had a right to a seat on the Supreme Court due to the fraudulent election. The Brooks Campaign likewise filed suit in

7455-409: The return of ex-rebels to power, the barrier behind which Southern Unionists and Negroes protected themselves." The first Supplemental Reconstruction Act (March 23, 1867) required an oath of past loyalty for any man in the South to vote. The local registrar had to swear that he had never held office under the Confederacy nor given aid or comfort to it. They also had to take the ironclad oath. In 1867,

7560-511: The rights of former slaves, and violence against blacks was common. To redress the matter, Congress passed the Reconstruction Acts of 1867, dissolving rebel state governments and dividing the South into military districts. Rebel states could only be readmitted to the Union if they wrote and ratified new constitutions providing civil rights for freedmen, and accepting the 14th Amendment. In the fall of 1867 Arkansans voted to convene

7665-468: The road in Monroe County, while traveling to a political event. Brooks was severely wounded and Hinds was killed. Hinds was the first sitting member of congress to ever be murdered, and his murder created national disgust for the ongoing political violence in the South. A coroner's inquest identified a local Democratic official and suspected Ku Klux Klansman as the killer. Most contemporaries blamed

7770-454: The same amount of funding from different bonds, such as embankments built for railroads where roads were funded to be built by a different bond. One of the most controversial bonds involved the purchase of slate for a state penitentiary roof, which was diverted for the construction of a mansion of a Republican official J. L. Hodges, who eventually served jail time for the incident. Promissory notes, or scrip, were issued to raise money. The money

7875-436: The same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God. The oath was a critical factor in removing many ex-Confederates from the political arena during the Reconstruction era of the late 1860s. To take the Ironclad Oath, a person had to swear he had never borne arms against

7980-410: The secession ordinance. Still, it allowed them to vote if they took an oath for Radical Reconstruction, a much more lenient avowal than that required by the Ironclad Oath. In states with disenfranchisement, the maximum was 10–20% of otherwise-eligible white voters; most states had much smaller proportions disenfranchised. In the South, the most support for the Ironclad Oath came from white Republicans from

8085-399: The state Republicans and was controlling now not only appointments within the state, but also the flow of federal money and positions. He began purging Brindle-tails from federal office, including Joseph Brooks, who was at this point an Internal Revenue Assessor. The Brindle Tails, the break off mostly non nativist Liberal Republicans, chose Joseph Brooks as their nominee for Governor. Brooks

8190-466: The state house. A legislature committee headed by S. W. Mallory recommended that the elections of certain townships in Pulaski County be declared void. The senate followed and expelled Joseph Brooks and seated his opponent. Clayton, convinced of fraud, declared Edwards as the winner of the election despite the Secretary of State already certifying Boles’ victory of 10,314 Boles to 8,210 Edwards. Clayton

8295-427: The state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers , which indicate the cycle of their election. In this Congress, Class 1 meant their term began in this Congress, requiring reelection in 1868; Class 2 meant their term ended in this Congress, requiring reelection in 1864; and Class 3 meant their term began in

8400-479: The state's citizens and officials to the new order. The Democratic Party was also in disarray in Arkansas in 1867–68. One unifying principle of the Democrats, however, was white supremacy and resistance to black suffrage. At the January 27, 1868, Democratic State Convention in Little Rock, Democrats announced the avowed purpose of uniting "the opponents of negro suffrage and domination". Some party leaders opposed Reconstruction in favor of continued military rule, which

8505-517: The subsequent ratification who was prohibited from holding office under Section 3 of the pending Fourteenth Amendment : Those exclusions were less inclusive than the requirements of the Ironclad Oath. The exclusions allowed the Republican coalitions to carry the elections in every southern state except Virginia. The Republican-dominated legislatures wrote and enacted new state constitutions that applied to all state officials and could not be repealed by an ordinary legislature vote. The Republicans applied

8610-436: The time when the state was readmitted. The prior governor, Isaac Murphy , whose administration was not recognized by the federal government, continued to act as executive of the state during this time. Both Clayton and Murphy managed to draw a paycheck as governor at the same time. When Clayton took office, he appointed most of the key Republican politicians to positions within the new state government; however, he failed to find

8715-482: Was Baxter's veto's several bills. One to fund the Little Rock and Fort Smith Railroad which had become embroiled in a scandal that involved House Speaker and Presidential candidate James G. Blaine . Another was a bill that called a constitutional convention to frame a new state constitution; Clayton believed that a new constitution was necessary to secure the rights of the freedmen and the loyal Unionists. Clayton

8820-488: Was a Northern Methodist preacher and had been a chaplain in a black regiment for the Union army. He was known for his fiery speeches that united political and religious themes. He had been the chairman of the 1868 Republican state convention and was at the time the State Senator from White County and Pulaski County . Although he had been involved with the carpetbaggers since the beginning, Clayton had not given him

8925-457: Was a very vocal supporter of civil rights for former slaves, but also a supporter of re-enfranchisement for ex-Confederates, which was the sentiment nationally of Liberal Republicans. At their party convention, the Minstrels faction nominated Elisha Baxter as their candidate. Baxter was a lawyer, politician, and merchant from North Carolina who had settled in Batesville . A lifelong Whig, he

9030-401: Was accused of deliberately tampering with the results of the U.S. house election between Thomas Boles and John Edwards in the third congressional district . According to Arkansas law, the results were to be certified and given to the secretary of state, then Robert J. T. White. After that, the governor and secretary of state would "take up and arrange" the results and the governor would issue

9135-523: Was appointed Secretary of State, and was given a compensation of several thousand dollars for his loss of power and prestige, since he would not become governor. A staunch Clayton supporter, O. A. Hadley , was then appointed lieutenant governor. Three days later, Clayton left the state for Washington, D.C., to join the U.S. Senate, and Hadley succeeded him as governor. The Democrats' paper, the Arkansas Daily Gazette crowed: It will be

9240-594: Was appointed as Justice of the Arkansas Supreme Court , but he did not serve in that position. He and William Meade Fishback were chosen by the new legislature in May 1864 as the two U.S. senators from Arkansas, but in February 1865, their admission was denied by congressional Republicans displeased with Lincoln for trying to restore Southern representation in Congress so easily. In mid-1865, Baxter formed

9345-437: Was assigned three prominent Minstrel attorneys, and after a year of sitting on the docket, at about 11 am on April 15, 1874, Baxter's demurrer to Brook's complaint was suddenly called up. Neither of Baxter's lawyers were present in the court room, and the demurrer had been submitted without their knowledge. Without giving Baxter any time to testify, Judge Whytock overruled the demurrer and awarded Brooks $ 2,000 in damages and

9450-650: Was created. The administration and its supporters established Arkansas Industrial University, the basis for the future University of Arkansas in Fayetteville ; what would become the Arkansas School for the Deaf ; and the Arkansas School for the Blind , which relocated from Arkadelphia to Little Rock . However, state debt increased dramatically. The state had a budget surplus when Clayton came to office, but by

9555-638: Was elect him to the U.S. Senate. However, even though he won unanimously, he refused to take his seat, which would mean letting Johnson become governor. In 1871, the state House of Representatives drafted articles of impeachment against Clayton, charging him with a wide variety of impeachable actions, including depriving Johnson and several other state officials of offices to which they had been fairly elected, removing state officials and judges from offices to which they had been fairly elected, aiding in fraudulent elections, taking bribes for state railroad bonds, and various other high crimes and misdemeanors. The members of

9660-546: Was elected Mayor of Batesville in 1853 and elected to the state legislature in 1858. At the start of the American Civil War , Baxter refused to fight for the Confederacy and attempted to flee to Missouri . He was captured and tried for treason . He escaped north and joined the 4th Arkansas Mounted Infantry (Union), serving as colonel of the regiment. In 1864, after Arkansas was occupied by Union troops, Baxter

9765-426: Was far from what they wanted, but seemed like a better option than allowing freedmen all the civil rights of white citizens, including the right to vote. The more conservative wings of the party simply showed no interest in the new constitution and remained loyal to the ideas embodied in the Confederacy. During the constitutional convention, Democrats convened their own party convention. Many chose to boycott elections on

9870-584: Was going on in North Carolina at the same time, now referred to as the Kirk–Holden war . Fearing he could not guarantee the integrity of the polling places, Clayton canceled fall elections in counties where political violence had broken out. In doing so, however, he further reduced the Democratic vote, and the state ended up supporting the election of President Grant, the Republican candidate, despite

9975-409: Was gone. Northerners, whom Southerners called 'carpetbaggers', came to the defeated Southern states to work in the rebuilding process. In 1866, Congress grew increasingly disturbed by post-war developments in the rebel states: pre-Civil War elites, including plantation owners and Confederate Army officers, were reelected to government positions, and southern legislatures enacted " Black Codes " limiting

10080-503: Was not the lawful governor of Arkansas, but an usurper who had betrayed the Republican party and the loyal people of the state. Clayton issued a statement saying that "Brooks was fairly elected in 1872; and kept out of office by fraud." Governor Baxter was now being supported by the Brindle-tails, re-enfranchisers, and the Democrats; whereas Brooks was finding support among the Claytonists, Northerners, Unionists, and Minstrels. Brooks

10185-425: Was now publicly accusing Baxter of fraud. Besides the corruption in the 1872 election, Clayton claimed Baxter had issued fraudulent election credentials to several members of the legislature who were not legally elected, although who these members were and what the situation was is not clear. He also alleged that Baxter had used bribery and intimidation to secure his own election as governor. Clayton declared that Baxter

10290-415: Was pocket vetoed by President Abraham Lincoln. President Andrew Johnson opposed the oath altogether. Lincoln believed the Ironclad Oath to be an essential part of Reconstruction. In 1864 Congress made the oath mandatory, but overlooked perjury when it came to seating southern Republicans. The historian Harold Hyman says that in 1866, northern Representatives "described the oath as the last bulwark against

10395-611: Was ratified by the people of the state, at the election beginning March 13, 1868. This election was riddled with inconsistency. Alvan Cullem Gillem , The commanding officer of the Fourth Military District which included Arkansas, noted in his report to Congress that more votes had been cast than there were registered voters. Furthermore, the county registrars were allowing people who claimed to be registered in other counties to vote, while also not keeping track of what county these people claimed to be registered in. Despite

10500-492: Was still supporting Baxter. The Republican Party of Arkansas, still controlled by the Minstrel faction, issued a statement denouncing Brooks' attempt to contest the election, which was published in the Little Rock Republican on October 8, 1873, and signed by all the major members of the party, including Clayton. However, the Minstrels would soon turn on Baxter for not following the party line. Baxter had now been governor for

10605-540: Was the Republican governor . The victor in the end was the Baxter administration, also known as the "Minstrels", supported by some " carpetbaggers " and Democrats over the Brindle-tails supported by " scalawags " and " freedmen ". The struggle began with the ratification of the 1868 Arkansas Constitution , rewritten to allow Arkansas to rejoin the Union after the American Civil War . The Reconstruction Acts required

10710-444: Was the most disliked person in the state of Arkansas. Nevertheless, When the Democrats met, they agreed not only to not run a candidate, but to support Joseph Brooks. It was reported at the time that the committee had sent a group of Democrats to meet with Brooks and he had pledged to them that if elected he would support free and fair elections and re-enfranchisement of Confederates. However, Powell Clayton would later accuse Brooks of

10815-517: Was then elected a U.S. Senator by the Arkansas General Assembly . The 1872 gubernatorial election witnessed a narrow victory for Minstrel Elisha Baxter over Brindle-tail Joseph Brooks in an election tainted by fraud and intimidation. Brooks contested the outcome through legal channels, initially without success. However, Baxter's decision to restore voting rights to former Confederates alienated much of his support base. In 1874,

10920-422: Was then indicted by the federal circuit court of violating the first enforcement act. It was found that his actions were not illegal, he was in no way binding to the Congress and under federal law of the time, state governors were not considered election officials. Boles became a congressman. To sequester Clayton from the affairs in the state, the Brindle-tails and the Democrats decided the only thing they could do

11025-432: Was used for construction projects, and invested in public infrastructure. Article VI, Sec 10 of the new constitution stated that the credit of the state could not be loaned without the consent of the voters, making these promissory notes illegal. Their introduction also caused actual currency to go out of circulation. The Radical Republican state initiatives included levees and railroads. Arkansas' first public school system

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