Chapter VII: Only the first stage of its development, however, falls (4)

After the battle of Pea Ridge General Curtis moved to White River, and on May 1 occupied Batesville, where he witnessed many demonstrations of attachment to the Union. Judges of courts, clergymen and other leading citizens came forward and voluntarily took the oath of allegiance to the United States. A threatened advance of the Union forces upon Little Rock created the greatest excitement there, and the Governor by proclamation ordered the militia to repair immediately to its defence; but not finding himself sufficiently supported he fled.[131] The concentration at Corinth of all available Confederate strength was the cause of the weakness of Arkansas at this time. Ten regiments had also been withdrawn from the army of General Curtis to reënforce the Federal troops in Mississippi. This left him in no condition to march upon the State capital, and for the time it was saved. Twelve thousand poorly equipped men had assembled there in response to the appeal of Governor Rector.

After the occupation of Helena by Federal troops Mr. Lincoln appointed John S. Phelps, of Missouri, military governor.[132] On August 19, 1862, he left St. Louis for Helena; but as the contemplated movement was not then made his office was of little importance. From the Union refugees at that point two regiments of Arkansas men were organized. The fall of Vicksburg in July, 1863, however, enabled the Union army to assume offensive operations, and the summer had not greatly advanced before a strong column was moving on Little Rock, the capture of which, September 10, 1863, was a fatal blow to Confederate authority throughout the State.

Amidst all its distresses the northern section of Arkansas had maintained its loyalty. Recent reverses to Confederate arms encouraged desertion from their ranks, Union sympathizers became active, and movements begun by them were joined by numbers who now regarded the Confederate cause as lost. Many, however, fearing a restoration of that authority, hesitated to identify themselves with the more pronounced loyalists. A newspaper favorable to the General Government was established at the capital. Meetings were held, and resolutions pledging unconditional support of the Union cause adopted. Citizens, both white and black, were organized, and by December, 1863, eight regiments of Arkansas troops had enlisted in the Federal service.[133]

A still more encouraging symptom was the return of eminent persons who now came forward to advocate the Union cause. Prominent among these was Brigadier-General E. W. Gantt, of the Confederate army, recently a prisoner of war and pardoned under the Amnesty Proclamation of the President. Toward the close of 1863 he thus describes the feeling of the people:

The Union sentiment is manifesting itself on all sides and by every
indication—in Union meetings—in desertions from the Confederate
army—in taking the oath of allegiance unsolicited—in organizing for
home defence, and enlisting in the Federal army. Old flags that have
been hid in the crevices of rocks, and been worshipped by our
mountain people as holy relics, are flung to the breeze, and
followed to the Union army with an enthusiasm that beggars all
description. The little county of Perry, that votes only about 600,
and which has been turned wrong side out in search of conscripts by
Hindman and his fellow-murderers and oppressors, with their retinue
of salaried gentlemen and negro boys, sent down a company of
ninety-four men. Where they came from, and how they kept their old
flag during these three years of terror, persecution and plunder, I
can’t tell. But they were the proudest-looking set of men I ever
saw, and full of fight.[134]

The retreat of General Banks from the Red River country changed greatly the aspect of Federal affairs in Arkansas, for it allowed all the Confederate forces in the vicinity to concentrate against the small army of General Steele, compelling him to act on the defensive at Little Rock. The State coming once more to a considerable extent under Confederate control, loyalists became scarce and gradually lost energy and hope.

Local reverses, however, were not allowed to interrupt the comprehensive policy of the President, and early in 1864 preparations were made to reorganize the State government. This movement, like those in Tennessee and Louisiana, was based upon the Amnesty and Reconstruction Proclamation of December 8, 1863. Even before this step had been taken the President was already moulding the diverse elements into a power that would ultimately undermine Confederate influence in the State. In the preceding summer, July 31, 1863, he had written General S. A. Hurlbut:

I understand that Senator Sebastian, of Arkansas, thinks of offering
to resume his place in the Senate. Of course the Senate, and not I,
would decide whether to admit or reject him. Still I should feel
great interest in the question. It may be so presented as to be one
of the very greatest national importance; and it may be otherwise so
presented as to be of no more than temporary personal consequence to
him.

The emancipation proclamation applies to Arkansas.... I think I
shall not retract or repudiate it. Those who shall have tasted
actual freedom I believe can never be slaves or quasi-slaves again.
For the rest, I believe some plan substantially being gradual
emancipation would be better for both white and black. The Missouri
plan, recently adopted, I do not object to on account of the time
for ending the institution; but I am sorry the beginning should have
been postponed for seven years, leaving all that time to agitate for
the repeal of the whole thing. It should begin at once, giving at
least the new-born a vested interest in freedom which could not be
taken away. If Senator Sebastian could come with something of this
sort from Arkansas, I, at least, should take great interest in his
case; and I believe a single individual will have scarcely done the
world so great a service. See him, if you can, and read this to him;
but charge him to not make it public for the present.[135]

Union officers in the West were urged by Mr. Lincoln in October, 1862, to assist and encourage repentant rebel communities to elect both State officers and members of Congress.[136] As this involved a recognition of existing governments it need scarcely be observed that the march of events forced the President later to occupy somewhat different ground; nor is it more necessary to add, that to his main purpose, to undermine secession and restore the Union, he adhered inflexibly. With this fundamental object all his acts harmonize.

At the time of her secession, W. K. Sebastian represented Arkansas in the United States Senate and abandoned his seat; he was now ready to assist in restoring his State to her old status. Of these evidences of disintegration in Confederate interests within the State the President was very exactly informed, and it was because of his conviction that many persons hitherto supporting that cause were either wavering in their allegiance or had become hostile to secession that he wrote, January 5, 1864, to General Steele:

I wish to afford the people of Arkansas an opportunity of taking the
oath prescribed in the proclamation of December 8, 1863, preparatory
to reorganizing a State Government there. Accordingly I send you by
General Kimball some blank books and other blanks, the manner of
using which will, in the main, be suggested by an inspection of
them; and General Kimball will add some verbal explanations.

Please make a trial of the matter immediately at such points as you
may think likely to give success. I suppose Helena and Little Rock
are two of them. Detail any officer you may see fit to take charge
of the subject at each point; and which officer, it may be assumed,
will have authority to administer the oath. These books, of course,
are intended to be permanent records. Report to me on the
subject.[137]

A week had scarcely elapsed when Mr. Lincoln approved the suggestions of General Banks relative to reinaugurating a civil government for Louisiana, and, doubtless, he knew no reason why similar work might not be going on simultaneously in Arkansas; therefore he repeated to General Steele what in substance he had already communicated to the Federal commander of the Department of the Gulf. His instructions, dated January 20, 1864, and quoted below, are self-explanatory, and in no important particular differ from the Louisiana Plan:

Sundry citizens of the State of Arkansas petition me that an
election may be held in that State, at which to elect a governor
thereof; ... that it be assumed at said election and thenceforward
that the constitution and laws of the State, as before the
rebellion, are in full force, except that the constitution is so
modified as to declare that “there shall be neither slavery nor
involuntary servitude, except in the punishment for crime whereof
the party shall have been duly convicted; but the General Assembly
may make such provision for the free people as shall recognize and
declare their permanent freedom, provide for their education, and
which may yet be consistent, as a temporary arrangement, with their
present condition as a laboring, landless, and homeless class;” and
also except that all now existing laws in relation to slaves are
inoperative and void; that said election to be held on the
twenty-eighth day of March next at all the usual voting places of
the State, or all such as voters may attend for that purpose; that
the voters attending at each place at 8 o’clock in the morning of
said day, may choose judges and clerks of election for that place;
that all persons qualified by said constitution and laws, and taking
the oath prescribed in the President’s proclamation of December the
8th, 1863, either before or at the election, and none others, may be
voters, provided that persons having the qualifications aforesaid,
and being in the volunteer military service of the United States,
may vote once wherever they may be at voting places; that each set
of judges and clerks may make return directly to you on or before
the eleventh day of April next; that in all other respects said
election may be conducted according to said modified constitution
and laws; that on receipt of said returns, you count said votes, and
that if the number shall reach or exceed five thousand four hundred
and six, you canvass said votes and ascertain who shall thereby
appear to have been elected governor; and that on the eighteenth day
of April next, the person so appearing to have been elected, and
appearing before you at Little Rock to have, by you, administered to
him an oath to support the Constitution of the United States and
said modified constitution of the State of Arkansas, and actually
taking said oath, be, by you, declared qualified, and be enjoined to
immediately enter upon the duties of the office of governor of said
State; and that you thereupon declare the constitution of the State
of Arkansas to have been modified and amended as aforesaid by the
action of the people as aforesaid.

You will please order an election immediately, and perform the other
parts assigned you, with necessary incidentals, all according to the
foregoing.[138]

By discussion and organization the elements opposed to the Richmond Government aroused so much enthusiasm that Unionists anticipated the wishes of the President by meeting, January 8, 1864, in convention at Little Rock. This assembly, composed of forty-four delegates representing, as they claimed, twenty-two of the fifty-four counties in the State, was made up of members elected at various mass meetings by very meagre votes. This at least was an objection then urged by those who were adverse to the purposes of the convention. They further stated that many of the counties represented were without the Federal military lines. It was admitted that if these counties lay beyond Union lines neither were they occupied by Confederate forces, and that generally the delegates were gentlemen of character and patriotism.[139]

In a published address the convention stated frankly:

We found after remaining at Little Rock about a week, under a
temporary organization, that delegates were present from twenty-two
counties, elected by the people, and that six other counties had
held elections, and that their representatives were looked for
daily. We then organized the Convention permanently, and determined
that while we could not properly claim to be the people of Arkansas
in Convention assembled, with full and final authority to adopt a
constitution, yet, being the representatives, by election, of a
considerable portion of the State, and understanding, as we
believed, the sentiment of nearly all our citizens who desire the
immediate benefits of a government under the authority of the United
States, we also determined to present a constitution and plan of
organization, which, if adopted by them, becomes at once their act
as effectually as if every county in the State had been represented
in the Convention.[140]

An amended constitution was adopted by this convention on January 22. By it the act of secession was declared null and void; slavery was abolished immediately and unconditionally, and the Confederate debt wholly repudiated.[141] These important changes in the fundamental law of the State indicate the sentiments of the delegates. Isaac Murphy was appointed Provisional Governor; C. C. Bliss, Lieutenant-Governor and R. T. J. White, Secretary of State. These officers were inaugurated on the same day that the convention adopted the constitution; this by its schedule was to be submitted to a popular vote at an election to be held March 14, when State officers and Representatives in Congress would also be chosen.[142]

Ignorant that the movement to restore a civil government had proceeded so far, Mr. Lincoln had sent his instructions to General Steele. As these had been carefully considered it was feared the work of the convention would differ in some essential particular from the plan outlined for the Federal commander. To prevent such a consequence the President wrote General Steele again on January 27 as follows:

I have addressed a letter to you and put it in the hands of Mr.
Gantt and other Arkansas gentlemen, containing a program for an
election in that State. This letter will be handed you by some of
these gentlemen. Since writing it, I see that a Convention in
Arkansas having the same general object, has taken some action,
which I am afraid may clash somewhat with my program. I therefore
can do no better than to ask you to see Mr. Gantt immediately on his
return, and with him do what you and he may deem necessary to
harmonize the two plans into one, and then put it through with all
possible vigor. Be sure to retain the free-State Constitutional
provision in some unquestionable form and you and he can fix the
rest. The points I have made in the program have been well
considered. Take hold with an honest heart and a strong hand. Do not
let any questionable man control or influence you.[143]

The President’s interest in the proceedings of the convention and his anxiety about the outcome of its deliberations appear in a letter to General Steele written three days after the above.[144] So favorable were his impressions of the progress reported that he believed the best his subordinate could do “would be to help them on their own plan”; of this, however, General Steele, who was on the ground, was to be the judge. To Governor Murphy he telegraphed, February 6, that his order concerning an election was made in ignorance of any action which the convention might take; also that his subsequent communication to General Steele directed that officer to assist, not to hinder, the delegates.[145] General Thayer also was informed that the apparent conflict between the President and the convention was altogether accidental.[146] On February 17, Mr. Lincoln explained the situation more fully to William M. Fishback:

When I fixed a plan for an election in Arkansas I did it in
ignorance that your convention was doing the same work. Since I
learned the latter fact I have been constantly trying to yield my
plan to them. I have sent two letters to General Steele, and three
or four despatches to you and others, saying that he, General
Steele, must be master, but that it will probably be best for him to
merely help the convention on its own plan. Some single mind must be
master, else there will be no agreement in anything, and General
Steele, commanding the military and being on the ground, is the best
man to be that master. Even now citizens are telegraphing me to
postpone the election to a later day than either that fixed by the
convention or by me. This discord must be silenced.[147]

The President evidently had learned something from his recent experience with his friends and subordinates in Louisiana. General Steele from his headquarters at Little Rock issued on February 29 the following address to the people of Arkansas:

The convention of your citizens, held at Little Rock during the last
month [says this proclamation], has adopted a constitution and
submitted it to you for your approval or rejection. That
constitution is based upon the principles of freedom, and it is for
you now to say, by your voluntary and unbiased action, whether it
shall be your fundamental law. While it may have defects, in the
main it is in accordance with the views of that portion of the
people who have been resisting the fratricidal attempts which have
been made during the last three years. The convention has fixed the
14th day of March next on which to decide this great question, and
the General commanding is only following the instructions of the
Government when he says to you that every facility will be offered
for the expression of your sentiments, uninfluenced by any
considerations save those which affect your own interests and those
of your posterity.... The election will be held and the return be
made in accordance with the schedule adopted by the convention, and
no interference from any quarter will be allowed to prevent the free
expression of the loyal men of the State on that day.[148]

The election pursuant to this notice began March 14, 1864, the polls remaining open for three days. For the constitution 12,177, and against it 226, votes were cast.[149] Isaac Murphy, against whom there was no opposing candidate, was chosen Governor by 12,430 votes cast by the citizens of more than forty counties. As early as March 18 the President appears to have received from the Governor-elect some favorable tidings,[150] and on April 27, when more complete returns had reached him from the same source, he expressed in a telegram his gratification at the large vote, more than double that required by the Louisiana Plan, and also at the intelligence that the State government, including the Legislature, was organized and in working order.[151]

Besides a Governor five other officers of the executive and several members of the judicial branch of government together with many county officials were chosen.[152] At the same time three Representatives in Congress, T. M. Jacks, A. A. C. Rogers and J. M. Johnson, were elected from the First, Second and Third Districts respectively. The Legislature, composed of twenty-three Senators and fifty-nine members of Assembly, met on the 11th of April, and during the session, which ended June 1 succeeding, appointed William Fishback and Elisha Baxter United States Senators to fill vacancies caused by the secession of the late incumbents, R. W. Johnson and William K. Sebastian. After investigation by a committee of Congress, however, they were declared not entitled to seats; but as each possessed such a title to membership as to justify inquiry they were paid mileage. This consideration they were denied when, without new action, they subsequently presented themselves at a special session of the Senate; on that occasion they were accompanied by William D. Snow, who had been chosen to succeed Fishback. It was agreed, March 9, 1865, to postpone till the next session of Congress consideration of the credentials of Mr. Snow. The House, without admitting as Representatives the three claimants for seats, had consented to allow them mileage. Arkansas, unlike Louisiana and Tennessee, did not participate in the Presidential election of 1864, because of a feeling that its electoral vote would not be received even if offered. This course appears to have been adopted on the suggestion of their representatives, who returned with such a conviction from a sojourn in Washington.[153]

A succeeding chapter, in tracing the origin and progress of the controversy between the Executive and Legislative branches of Government, will describe more fully the attitude of Congress toward Mr. Lincoln’s efforts at reconstruction and afford an opportunity for discussing both the nature of the conventions by which civil government had been restored in Tennessee, Louisiana and Arkansas, and the constitutionality of the various Executive acts by which this reëstablishment was assisted.

-----

Footnote 113:

Ann. Cycl., 1861, p. 22.

Footnote 114:

Ibid.

Footnote 115:

McPherson’s Pol. Hist., p. 4.

Footnote 116:

Ann. Cycl., 1861, p. 22.

Footnote 117:

Ibid.

Footnote 118:

Ibid., p. 23.

Footnote 119:

Ibid., pp. 23–24.

Footnote 120:

Ann. Cycl., 1861, p. 24.

Footnote 121:

Ibid.

Footnote 122:

Ann. Cycl., 1861, p. 24.

Footnote 123:

Ibid.

Footnote 124:

Ibid.

Footnote 125:

Ann. Cycl., 1861, p. 25.

Footnote 126:

Ibid.

Footnote 127:

Ibid.

Footnote 128:

Ibid., 1862, p. 11.

Footnote 129:

Ann. Cycl., 1862, p. 11.

Footnote 130:

Ibid.

Footnote 131:

Ibid.

Footnote 132:

N. & H., Vol. VI. p. 346.

Footnote 133:

Ann. Cycl., 1863, p. 15.

Footnote 134:

Ann. Cycl., 1863, p. 15.

Footnote 135:

Letters and State Papers of Lincoln, Vol. II. p. 379.

Footnote 136:

Ibid., p. 247.

Footnote 137:

Letters and State Papers of Lincoln, Vol. II. p. 467.

Footnote 138:

Letters and State Papers of Lincoln, Vol. II. pp. 472–473.

Footnote 139:

Ann. Cycl., 1864, p. 29; Hough’s American Constitutions, Vol. II. p.
81.

Footnote 140:

Quoted in N. & H., Vol. VIII. p. 414.

Footnote 141:

Hough’s Amer. Cons., Vol. II. p. 81.

Footnote 142:

Ann. Cycl., 1864, p. 29.

Footnote 143:

Letters and State Papers of Lincoln, Vol. II. p. 475.

Footnote 144:

Ibid., p. 476.

Footnote 145:

Ibid., p. 479.

Footnote 146:

Ibid., p. 482.

Footnote 147:

Letters and State Papers of Lincoln, Vol. II. pp. 483–484.

Footnote 148:

Ann. Cycl., 1864, pp. 29–30.

Footnote 149:

Ibid., p. 30.

Footnote 150:

Letters and State Papers of Lincoln, Vol. II. p. 501.

Footnote 151:

Ibid., p. 515.

Footnote 152:

Ann. Cycl., 1864, p. 30.

Footnote 153:

See remarks of Senator Pomeroy, February 2, 1865, Congressional Globe,