What is the Situation Now? ( What is the Situation Now ? A REVIEW POLITICAL AFFAIRS SOUTHERN STATES "APfi S .1894*) ^^^^^^^ ALBERT WEBB BISHOP, M. A., LATE ADJUTANT-GENERAL STATE OF ARKANSAS ; EX-PRESIDENT ARKANSAS INDUSTRIAL UNIVERSITY. -r^ IS B I Copyright, 1894, by ALBERT W. BISHOP. MADE IN THE COMPLETE ART-PRINTING WORKS OF THE MATTHEWS-NORTHRUP CO. BUFFALO, N. Y. WHAT IS THE SITUATION NOW? Ill the year 1890 there was published by R. H. Woodward & Company, of Baltimore, a book entitled, " Why the Solid South ? or Reconstruction and its Results." Hilary A. Herbert, of Alabama, now sec- retary of the navy, is its compiler and most conspic- uous contributor. The object of the book, as stated by Mr. Herbert in the preface, is, " to show to the public and more especially to those business men of the North who have made investments in the South, or who have trade relations with their southern fellow- citizens, the consequences which once followed an interference in the domestic affairs of certain States by those who either did not understand the situation or were reckless of results ;" and reconstruction is successively treated of at Washington and in the States of Alabama, North Carolina, South Carolina, Georgia, Florida, Tennessee, Virginia, West Virginia, Missouri, x\rkansas, Mississippi, Texas and Louisiana. Mr. Herbert writes the articles upon reconstruction at Washington, and in the State of Alabama, and the concluding chapter of the book — a contribution that he terms, " Sunrise." Zebulon B. Vance, a United States senator, takes care of North Carolina ; John J. Hemphill, an ex- member of congress, performs a similar office for South Carolina ; Henry G. Turner, a member of con- gress, does likewise for Georgia ; Samuel Pasco, a 5 6 JV/iaf is the Situation Now 2 United States senator, for Florida ; Ira P. Jones, for Tennessee ; Robert Stiles, for Virginia ; O. S. Long and William L. Wilson, the latter a member of con- gress, and now chairman of the Committee on Ways and Means, for West Virginia ; George G. Vest, a United States senator, for Missouri ; Charles Stewart, an ex-member of congress, for Texas ; R. J. Sage, 'for Louisiana, and William M. Fishback, now Gover- nor of the State, for Arkansas. " Each article," says Mr. Herbert, " is signed by its author, who thus becomes directly responsible for the truth of his statements." The book is dedicated "to the business men of the North," and though published, indeed, four years ago, and not undertaken, so says Mr. Herbert, "with any such impracticable, purpose as agitating for the repeal of the fifteenth amend- ment," still, very recent events in the Fifty-third Con- gress are of such a nature as to excite the gravest apprehension for the due enforcement of this very im- portant provision in our fundamental law. And while the excuse is the alleged propriety of the repeal of the Federal election statutes, this recently enacted legislation does not stop with brushing away the barriers previously existing against fraud in the choice of presidential electors and representatives in congress, but repeals the sections of the general stat- utes of the country that have been heretofore enacted to give force and effect to the fifteenth amendment of the Constitution of the United States. Inasmuch therefore as "Why the solid South?" is presented to "the business men of the North," as throughout a fair and unprejudiced statement of the principal facts and events of the reconstruction " IV/iy the Solid South ? " Unreliable. 7 period; and is to-day a special source of inspiration to those men who are endeavoring to emasculate the fifteenth amendment, something will now be said with reference to this book, and attention then given to what is conceived to be a very serious condition of public affairs as now existing in a portion of the Southern States, and one that demands correction. For some time prior to the reconstruction period, during that entire period and for several years there- after, the writer was continuously a resident of the State of Arkansas. He will largely speak from per- sonal knowledge, and for that reason have nothing to say as to what occurred in other States during the reconstruction period, except to observe that if the presentation made in their behalf to '* the business men of the North " is as imfair and unjust as that for Arkansas, then "Why the solid South?" with all its array of contributors, is by no means entitled to the confidence of the men to whom the book is dedicated. In the article upon reconstruction in Arkansas, page 306, Mr. Fishback, in making a comparison with sub- sequent Republican management, says : " Under Democratic rule the amount expended for State purposes for the two and one half years from April i8th, 1864, to October ist, 1866, was only $162,- 000, or $64,000 per annum." The Government of the State of Arkansas, for the period "from April i8th, 1864, to October ist, 1866,"*- Mr. Fishback's two and one-half years — was not under Democratic rule at all. It was the Government of the Union men of the State, and was organized under and in pursuance of President Lincoln's proclamation of 8 W/iat is the Situation Now ? December 8, 1863, for the reorganization of civil governments in the seceded States. So far as inter- ference with its establishment could take place, it met from the beginning with the bitter and persistent opposition of a large portion of that element in the politics of the State with which Mr. Fishback is now fraternizing. Much of this opposition was, in- deed, at the outset, within the rebel lines, but still it sought to prevent the organization of the new govern- ment. At that time Harris Flanagin was the Confederate Governor of Arkansas, with head-quarters at Washing- ton, Hempstead County, in the south-western portion of the State. The vote on the new constitution was to take place on the 14th, 15th and i6th days of March, 1864, and on the tQth day of the preceding February Governor Flanagin wrote to Lieutenant- General E. Kirby Smith, then commanding the trans- Mississippi department of the Confederate States, ask- ing for troops to prevent the holding of this election, particularly in the counties of North-western Arkansas, in which there was a large Union element. Upon this subject the following correspondence ^ ■ " Head-Qrs. Trans. Miss. Dept. Shreveport, La., February 24, 1864. General, — I have the honor to enclose copy of a communi- cation from Gov. Flanagin asking that Col. Brooks be al- lowed to take five or six hundred cavalry to N. W. Arkansas, for the purpose of interrupting the elections to be held there in March, under federal protection. The Comd'g Gen'l commends to your consideration the im- portance of accomplishing the objects contemplated by Gov. Flanagin, and desires you, if you can do so without interfering with your operations in the field, to send such a number of men Military Interference. 9 as you may think proper, under such officers as you may select, to N. W. Arkansas for that purpose. Very respectfully, your obt. serv't, E. CUNNINGHAM, Lieu.-Gen. T. H. Holmes, Lt. and A. D. C. ^Q- . , Commanding: Dist. Ark. Official : ^ H. P. Pratt, A. A. Gen." For some reason Gen. Holmes did not act in this •natter, and Gov. Flanagin again wrote to Gen. Smith. Upon receipt of this second letter Gen. Holmes was once more communicated with, and this time with greater positiveness than in the first instance : " Hd, Qrs, Trans. Miss. Dept. Shreveport, La., March 4, 1S64. General, — I am directed by the lieutenant-general commanding to inclose you a copy of a communication from Gov. Flanagin with reference to the interruption of the State elections in North-wes- tern Arkansas. The lieutenant-general reiterates his desire, expressed in a com- munication of the 24th, ult., on this subject, that you do all in your power, consistent with the interests of the service, to forward the views of the governor. If it is practicable to send cavalry, as he suggests, and prevent the holding of these elections, great good may be accomplished. The commanding general commends this subject to your earnest consideration. Very respectfully, your obedient servant, E. CUNNINGHAM, Lt.-Gen. T. H. Holmes, Lt. and A. D. C. Comd'g Dist. Ark." The same day Gen. Smith wrote to Gov. Flanagin as follows : .^^^ r^ r^ tvt t^ "Hd. Qrs. Trans. Miss. Dept. Shreveport, La.. March 4, 1864. His Excellency, H. Flanagin, Governor of Arkansas. Sir, — I have fhe honor to acknowledge the receipt of your let- ter of the 27th Feb. I enclose copy of a letter which I have had lo What is the Situation Now ? written to Gen. Holmes, as also copy of one addressed to him on the receipt of your communication of the 19th of February, in relation to this same subject. I beg leave to state that any arrangement which Gen. Holmes may be able to make for the purpose of forwarding your views will meet with my approbation. I have the honor to be very respectfully, Your obedient servant, E. KIRBY SMITH, Lt.-Gen." Reading between the lines it would seem that Gen. Holmes, as commander of the Confederate district of^ Arkansas, did not respond with alacrity, if he did at all, to the wishes of Gov. Flanagin, and the sug- gestions of Gen. Smith, then commander of the department, of which the State of Arkansas was a portion. At all events this election was not interfered with in North-western Arkansas, though the Confederate governor of the State was prompt enough, as these communications disclose, in the expression of an ear- nest desire to have this done. And while circum- stances that he could not control had compelled him to abandon the capital of the State as the seat of his own government, and to locate it miles away to the southwest, upon a sandy foundation in a double sense, at Washington, Hempstead County, Gov. Flanagin was still alert to crush, if he could, this new movement of the loyal men of the State. But that was not to be done; and a large vote, care- fully confined to eligible, bona fide citizens of the State, was polled in North-western Arkansas particu- larly, for the officers, who were to set the new govern- ment in motion — a government whose protective power was aided by that other and greater Washing- ton, where President Lincoln was holding the helm. The New Government. ' ii On the first day of June, 1861, the called session of the rebel convention (having previously assumed to take the State out of the Union without referring their action to the people) adopted a constitution for the State, which was substantially its old constitution with some changes strengthening its pro-slavery fea- tures and substituting the phrase, "Confederate States of America" wherever the "United States of America" occurred in the old instrument. So far,then,as the mem- bers of this convention could do so, they had pros- tituted the constitution of the State to the interests of slavery, and it was now thought necessary that an entirely new constitution should be presented to the people, rather than that amendments to the old one should be proposed. Taking this view of the case, the convention of 1864 submitted their labors, which resulted in the adoption of a new constitution for the State, by the vote of 12,177 ^or, to 226 against it. The immediate abolition of slavery was provided for, and all laws inconsistent with the new constitution were made inoperative and void. Pending the organization of the new government, Isaac Murphy was appointed provisional governor of the State, and on the i8th of April, 1864, was inau- gurated as governor, elected under the new constitu- tion. It was the first government of the kind put in operation, and, while heartily sustained by the Federal forces in Arkansas, still had many and serious diffi- culties to contend with. The public records of the old State government had been taken away, when in September, 1863, Gen. Steele took possession of Little Rock, the capital of the State, and the Confed- erate army evacuated it. 12 W/iat is the Situation Now ? In the month of December, 1862, the following resolution was adopted by the Confederate Legis- lature of the State, in secret session: " Resolved by the general assembly of the State of Arkansas : that the governor is hereby invested with authority to destroy such of the public property as cannot be conveniently removed, when in his judgment it shall become expedient to do so, to pre- vent the same from falling into the hands of the public enemy. Adopted by the House of Representatives in secret session December i, 1S62. JOHN A. HARRELL, Speaker of House of Reps. Adopted by the -senate, in secret session, December i, 1S62. THOS. FLETCHER, President of the Senate. Approved December i, 1862. H. FLANAGIN. " Books and papers could indeed be " conveniently removed " under ordinary circumstances, and no doubt were not in immediate contemplation when this reso- lution was adopted ; but it was, nevertheless, a good justification to have at hand should the movements of the enemy be so pressing that a destruction of public records even would become necessary. Other resolutions of this legislature more elaborate in their terms were adopted on the 27th and 29th days of November, 1862, and approved by Gov. Flanagin, December i, 1862, by which the removal of the seat of government was provided for, and the judges of the supreme court and the separate court of chancery were empowered to move the library and all books and papers belonging to their respective courts to the temporary seat of government. After the occupation of Little Rock by Gen. Steele, Washington, Hempstead County, became this Action of Prominent Cofifederates. 13 "temporary seat," and the State records were taken to that place. The records of Pulaski County, of which Little Rock is the county seat, were spirited, first, into the woods of Saline County, not many miles south of Little Rock, and covered with a tarpaulin. But the better judgment of the wiser rebellious heads did not permit them to remain in this exposed condi- tion, and they were removed to a place of greater safety. President Lincoln's message to Congress, and the accompanying proclamation of December 8, 1863, were nowhere read with greater interest in the rebel- lious States than by the prominent men in Arkansas, who were at war with the general government ; and what was to be apprehended from the issuance of these two most important documents was very clearly understood by them. George C. Watkins of Little Rock (who had been a justice of the supreme court of the State, and was one of the most able and influen- tial men in Arkansas), moving with head-quarters, to which he seems to have been attached as a general adviser in matters of high importance, wrote a letter from Camden on the 24th day of December, 1863, to Gov. Flanagin, from which the following is an extract : " I have just read Lincoln's message and proclamation. It requires much thought and consideration. You ought to read and digest it carefully, and make it a topic in your address, so as to counteract, as far as possible, any evil efifects it may be calculated to have in Arl^ansas. It is absurd enough to a statesman, or a lawyer, but craftily devised to ensnare the unwary, and a fore- shadowing of Yankee domination, from which we may well pray God to deliver us." A little later on, January 31, 1S64, he again writes to Gov. Flanagin with reference to what he terms 14 IVhat is the Situation Now 2 the usurping government of Arkansas^ and further alludes to it in this wise: * ' Such a government as that set up, and in the hands of such men — you will see at a glance who they are — cannot stand, but will disgust our people unless they are driven to desperation by lawless acts of our soldiery and seek for safety in abject submis- sion. If we cannot, or do not, successfully cope with the enemy by force of arms, it ought to be a part of our Fabian policy to let our people experience what Federal rule and armed occupation are, and intend to be, and come to look upon our army as their friends. I fear this policy is not being pursued. Outrages are committed by marauding parties of our soldiery or hangers-on of the army, hardly excelled by any exploits of the enemy in that line — and as yet they go unpunished. " I think it of the first importance for you to have a conference with G^n. Holmes on that subject, and wish you would come up in person. Indeed, as all depends upon success of arms, I wish you could be much of the time about head- quarters to see what is going on, and give the military authorities the encourage- ment of your presence and counsel." Still later on, May 4, 1864, Elbert H. English of Little Rock, who was also a justice of the supreme court of Arkansas before the rebellion broke out, and at the time above indicated was a member of the Con- federate supreme court of the State, wrote likewise to Gov. Flanagin in relation to this new government. Like many other of the arch conspirators who were wandering from place to place, he was indulging in the fond delusion that the Confederate State govern- ment would soon be reestablished at Little Rock ; and in his letter to Gov. Flanagin thus delivers himself: " Point Comfort, May 4, 1S64. Dear Governor, — From all I can learn the way will soon be open for the State officers to return to Little Rock and administer the State government there again, for which event am I exceed- Difficulties Encounte7'ed. 15 ingly anxious. Prudence, I would respectfully suggest, might require the surplus archives to remain at Washington for the present, and that such books and papers only, as are wanted in the active administration of the government, be taken to the capital. « "I am anxious to see these gentlemen who were connected with the State government, and have taken part in organizing Lincoln's bastard State government, I want to see how they look and what they have to say, Truly, etc., "E. H. ENGLISH." At the close of the war Judge Watkins and Judge English returned to Little Rock to reside, and they lived to its end under this odious State government, devised by President Lincoln, and which Judge Eng- lish particularly, had characterized by an epithet whose form is preserved as originally accentuated. This new government had much to contend with. The public records of the State had been removed, as we have indicated, when the Confederate army evacuated the capital in September, 1863, and there was not a dollar in the treasury. The State was still, in part, under disloyal control. Little Rock itself was threatened by the enemy, and this condition of affairs seriously affected the question of recognition, at that time, by the Congress of the United States. The judiciary committee of the Senate reported against the admission of the senators-elect ; and the judiciary committee of the House of Representatives in favor of the men chosen for admission into that body. While, therefore, during the continuance of the war this government failed of full recognition at Washington, it, nevertheless, was held intact ; and when the war closed, the exercise of its functions assumed a better form than was possible during the 1 6 What is the Situation Now? existence of hostilities. A militia system was devised and put in operation, and the chaotic condition of the State gradually passed away. Still many of the old citizens who had been rebels in arms, and otherwise, were dissatisfied with this loyal State government. They began to plot against it, yet artfully assuming a quasi friendship, and in the summer and fall of the year 1865, initiated measures for holding an early convention at Little Rock. To a certain extent their efforts were successful and a gathering was held. Gov. Murphy, though invited to do so, did not attend it, but Gen. Sherman and Gen. Rey- nolds, the latter commanding the District of Arkan- sas, did ; and the members of the convention were practically told that they had better adjourn and go home, which they proceeded to do. About this time, and on the 30th day of October, President Johnson telegraphed to Gov. Murphy that there would be no interference with the State government organized as we have mentioned, and that the Federal government would give it all the aid in its power to render. For several months there was now substantial quiet, and in the spring of 18.66 the following letter was written to President Johnson : " Headquarters, State of Arkansas, \ Adjutant-General's Office. \ Little Rock, May 12, 1866. The PREsn)ENT of the United States : Dear Sir, — Presuming that you would be pleased lo know something of the financial condition of the present State govern- ment of Arkansas, Gov. Murphy desires me to send you the inclosed notice, published in all our city papers, and receiving general circulation throughout the State. Arkansas in 1866. 17 Our entire debt since the creation of this government in March, 1864. is $144,931 25 ; auditor's warrants redeemed, $106,198.42 ; balance outstanding, $38,732.83 ; which, with accrued interest, may possibly amount to $40,000, to meet which we have in the treasury $132,705.19 in U. S, currency. The State was probably never more quiet than to day. Gen- eral Reynold's wise administration of military affairs, and the governor's confidence in the masses, shown especially in his appointments, made without particular reference to the past, where the situation is cheerfully accepted, seem to be bringing back again the era of good feeling. Our general election takes place in August ; the legislature sits in November, and if no attempt is made by designing men to interfere with the present order of things, we shall continue to get along prosperously at home. With high regard, I have the honor to remain, Very respectfully, your obedient servant, A. W. BISHOP, Adjt.-Gen. Arkansas, and Acting State Treasurer." The notice referred to in this letter was the fol- lowing : ., ,. . _ , _ ° State of Arkansas, Treasurers Office, '' Little Rock, May 9, 1866. " Holders of auditor's warrants are requested to present them to the treasurer for payment on or before the 15th day of June next, as no interest will be paid after that time. "A. W. BISHOP, Acting Treasurer." About this period the differences between Presi- dent Johnson and the majority in Congress had become marked, and the element in Arkansas that had been opposing the Murphy government grew bolder. Attacks upon this government were now more fre- quently made, and a general election to be had in August stimulated the hostility. At that time the "iron-clad " oath had not made its advent, and the only special obligations necessary to be assumed by voters, who had been implicated in the rebellion, were 1 8 What is the Situation Now ? those imposed by the proclamation of general am- nesty. The election came on. A new legislature was chosen and non-appointive State officers gener- ally, with the exception of the governor and secretary of State, who still had two years to serve. The members of the existing government who were candidates for reelection were defeated by very large majorities, and it soon became evident that the old re- bellious element was again master of the situation. The kindness and forbearance of Gov. Murphy were forgotten, and when this newly-created legisla- ture assembled in November it proceeded without delay to endeavor to embarrass what was left of the government of the Union men of the State. In his message to the general assembly. Gov. Murphy submitted for their consideration the proposed amend- ment to the Constitution of the United States, which is now known as the fourteenth, and in the submission said : " Judging from the results of the late elections, and from the decided tone of public sentiment in the States that subdued the insurrection, it is not probable that better terms will be granted. The effect of rejection on the prosperity and happiness of the people demands solemn consideration." This amendment was rejected, however, by an almost unanimous vote in both the Senate and House of Representatives. The governor also called atten- tion to the report of the adjutant-general of the State — a report submitted as a document accompany- ing his message — and in this connection saw proper to say : " Complete details of the organization of the several Arkansas regiments, with a succinct military history of each up to the time The Les^islaiure. 19 of. its muster-out, will be found in the report. It also gives infor- mation relating to the organization of certain volunteer militia companies in different parts of the State, designed for the protec- tion of peaceable and industrious citizens from the depredations of the lawless, and to aid and protect the civil authorities in the enforcement of the laws. This report should be printed, as thousands of citizens are interested in the facts therein contained ; and those entitled to back-pay and pensions are especially inter- ested in its publication as the evidence on which their claims rest is to be found therein." To this report the legislature paid no attention ex- cept to shelve it, but to the writer the case was differ- ent. In the Senate, on the first day of the session, and directly after the opening prayer, a bill was intro- duced to repeal the law that gave him the pay of his grade, and to reduce his compensation to $200 a year. A few days later a similar bill was introduced in the House of Representatives, but in neither body did this bill finally pass. It soon became evident, however, that the publication of the report referred to would not be ordered — a report written without acrimony or malice — and with the approval of the governor, the writer repaired to Washington with a copy of the manuscript. On the 15th day of Febru- ary, 1867, the Senate of the United States by a unani- mous vote ordered the publication of this report, and at the expense of the general government it was duly gotten out at the public printing-office in Washington. One thousand copies were issued and distributed for the use of the Union soldiery of Arkansas. When this legislature adjourned there was very little left of the State government as organized under the auspices of President Lincoln, and it soon became apparent that Arkansas would be included with the -20 JF/iar IS the Situation Now? other rebellious States in the reconstruction acts. of Congress. This was done and the woes of the people, as rehearsed by Mr. Fishback, now began. But before we proceed to this lamentable state of affairs let it not be forgotten that the "two and one-half years" of State government, *' from April i8th, 1864, to October ist, 1866," which Mr. Fishback states were under Democratic rule, and from which he makes compari- sons favorable to Democratic management, were, as we have already said, not Democratic at all. The assurance is sublime that so presents them. T his govern - ment was precisely what we have stated it to be. Mr. Fishback's " two years and a \\dM'' had expired ^^htw the members of the legislature, elected in August, 1866, came together in November, and now for the first ti/ne after the close of the war was a?iy branch of the State government under Democratic control. That control embraced the legislative and judicial depart- ments, but not the executive ; and this legislature, aside from the notoriety, by the way, that it otherwise acquired, exhausted the treasury. The reconstruction period in Arkansas began in the year 1868 and ended in 1874. The course of certain officials of the State government in operation during this period, in manipulating State aid to railroads, and the Holford and Levee bonds — a subject upon which Mr. Fishback dilates — was indefensible, but still there were two sides to the matter ; one, involving individual Republicans, the other individual Democrats, as we shall shortly endeavor to show. Meantime we invite attention to a comparison that Mr. Fishback could have presented in his article in " Why the solid South ? " but did not. Republican Rtile iSyj. 21 In the year 1874 a new State constitution was adopted, and x\o\n for the first time after the close of the war the Democracy of Arkansas controlled ^//branches of the State government — the executive as well as the legislative and judicial. The year 1873 was the last full year of Republican rule ; the year 1875 the first full year of Democratic rule, and careful atten- tion is asked to the following tables which show cur- rent expenses alone. REPUBLICAN RULE 1873. Salary of Governor, $5, 000 " Secretary of State, 3,000 " Treasurer of State, 3, 000 " Auditor, 3, 000 " Attorney General, 3, 500 " Commissioner of State Lands, 3, 000 " Superintendent of Public Instruction, . . 3, 500 For clerks in Auditor's office, 8,000 " " and contingent expenses in Treasury Dep't, . 8,000 " " in State Land Office, 5,000 For rent of Governor's mansion, 1,200 " Copying Acts of General Assembly, i.oco " Clerk's hire in Office of Commissioner of Public Works, 2,500 " Clerk's hire in office of Superintendent of Public Instruction, 2,000 " State printing, not to exceed, 60,000 " Contingent expenses. Executive Department, . . . 10,000 " Contingent expenses, Supreme Court, 3,000 " Contingent expenses of Pulaski Chancery Court, . 2,000 " Clerk and reporter. Supreme Court, i,5CO " Paying General Assembly, per diem 150,000 " Contingent expenses of same, 10,000 Salary of Lieutenant Governor, 3, 500 State Geologist, 2,500 Total, $294,200 2 2 What is the Situation Now 2 DEMOCRATIC RULE 1875. Salary of Governor, $3.5oo " Secretary of State, 2,000 " Treasurer of State, 2,500 " Auditor, 2,500 " Attorney General, 2,000 " Commissioner of State Lands, 2,000 The Acts do not show salary of Supt. of Public Instruction. For clerks in Auditor's office, 8,000 clerks and contingent expenses in Treasury Dep't, . 8,000 Contingent expenses. State offices, 7, 500 Clerks in State Land office, 8,500 Rent of Governor's mansion, 1.200 Copying Acts of General Assembly, 3, 000 Printing and distributing Treasurer's certificates, 3,000 Printing blank collector's and assessor's books, , . 15,000 Distributing emigration documents 500 State printing, 50,000 Supplying deficit for State printing, 20,000 Contingent expenses, Executive Department (p. 240) 43,000 Contingent expenses. Executive Department (p. 77) 50,000 Engineers Public Works 1,275 Contingent expenses. Supreme Court, 3,000 Contingent expenses, Pulaski Chancery Court, . . 5,000 Clerk and reporter. Supreme Court, 1,600 Paying General Assembly, per diem (p. 337), . . 50,000 Paying General Assembly, per diem (p. 220), . . 40,000 Paying General Assembly, per diem (p. 77), . . . 100,000 Total, $433,075 Difference in favor of Republican economy, . . . $138,875 The Appropriations as above, for paying the per diem of the members of the General Assembly of 1S75, see pages 77, 220 and 337, Acts of 1875, were . . .$190,000 To this sum should be added $40,000, U. S. gold inter- est bearing bonds — borrowed to pay the per diem of the members of this General Assembly, . . . 40,000 Making a total of $230,000 Party Rule Contrasted. 23 Against the $160,000 expended in 1873 by the Repub- lican Legislature for the same purpose, . , . $i6o,oo"> Difference in favor of Republican economy $70,000 Salary of Democratic Governor, 1875, $3,500 Contingent expenses (see p. 240, Acts 1875), ... 43,000 Contingent expenses (see p. 77, Acts 1875), .... 50,000 . Total, Democratic administration, $96,500 Salary of Republican Governor, 1873, $5,000 Contingent expenses, 10,000 Total $15,000 Difference in favor of Republican rule, $81,500 By reference to the acts of 1873 it will be seen that the collectors received three per centum for collecting the revenues, and in i^-]^, five per centum, an advance of two per cent. These facts and figures are taken from the printed acts of the general assemblies of 1873 ^^^d 1875. This was Democratic economy with a vengeance. On pages 311 and 312 of ''Why the Solid South?" Mr. Fishback says : " Under an act of the legislature, approved February 24th, 1838, the State loaned a private bank in Little Rock, called the " Real Estate Bank," five hundred thousand dollars in its bonds, to be sold but at not less than par, the proceeds to be used in starting a branch of their bank in Van Buren, in the western part of the State. " The bank officers undertook to sell them to the North Amer- ican Trust & Banking Company of New York. The company said that they had already floated as many Arkansas bonds as could be floated at par, and refused either to buy or to attempt to sell. The officers of the bank then hypothecated the bonds with this same company and drew out upon their security $121,333, and not for the purposes of the act, but for their 02un private purposes. 24 What is the Situation Noiv? "The North American Company failed shortly afterwards, owing one James Holford a large amount. He found among their assets these five hundred $i,ooo bonds and demanded pay- ment by the State. The governor informed him that the bonds showed upon their face that they were in the possession of the Trust Company by fraud, and that they belonged not to Holford but to the State. " Holford held on to the bonds, and in April, 1869, he saw his opportunity with the carpet-bag legislature. " His agent asked them for the $121,000 drawn out by the bank officers together with interest. But the legislature, through lobbyists, said no, we will not pay you this amount of about $330,000, but if you will put in your claim for the $500,000, with forty years interest, making in all $1,370,000, we will give you your $330,000, and we will take the balance, as a reward for our honesty * in restoring the honor and credit of the State.' This amount was issued and so divided." These bonds came into use in pursuance of an act of the general assembly entitled, " an act to provide for the funding of the public debt of the State," approved April 6, 1869 ; a measure that was commonly known as the " Holford bond," or " funding bill." The House of Representatives of the State legislature in session in the year 1877 — an overwhelmingly Dem- ocratic body — appointed a special committee to enquire into the alleged frauds connected with the legislation upon and issue, of these Holford bonds and the Railroad Aid and Levee bonds. Of this com- mittee Mr. Fishback was chairman. A sub committee, of which he was likewise chairman, took testimony at Fort Smith, January 26, 1877. William Walker, a prominent Democratic lawyer (now deceased), after referring to a petition drawn by himself, as attorney for the administrators of the estate of Charles B. Johnson, deceased, upon which petition was based Leo-islative Investizcitton. an order of court for the sale of fifty State bonds, issued under tliis act of April 6, 1869, testified as fol- lows before this committee. He was interrogated by Mr. Fishback : Question: " State whether or not you ever heard Mr. Charles B. Johnson, in his life-time, say anything in relation to the funding act of the 6th of April, 1869, mentioned in the order to which you have just re- ferred, or to the so-called Holford bonds, or to any interest he had in the same, and if yea, state what it was." Answer: "Not long after the passage of the fund- ing act inquired after, I happened to call at the counting-room of Messrs. Collins & Lanigan in this place. Mr. Johnson and a number of other gentle- men, among whom are Mr. Lanigan, William B. Sut- ton, and, I think. Major Rector and Mr. James M. Collins, were there. Mr. Johnson and others of the company were discussing the funding bill and the merits of the Holford claims against the State. I joined in the discussion, which waxed warm, Mr. Johnson evincing considerable feeling. On leaving the counting-room I was followed by Mr. Johnson, who overtook me at the front door of the house, and taking me to one side, stated that he was largely inter- ested in the Holford bonds ^ and expressed the hope that I would not indulge in such tirades as I had been making, in the future, saying that the only effect such arguments and invectives as I had just been using could have, would be to depreciate the bonds to be issued under the funding act, and injure my friends. *' In the course of an hour or so I called again at the counting-room, and found Mr. Johnson still engaged 26 J J Via t is the Situation Now? in conversation respecting the funding act, in the course of which I remarked to him that if any of the bonds issued in satisfaction of the Holford bonds ever came into his hands he should convert them into money as soon as possible, saying that the very first act of the first Democratic legislature that convened would be to repudiate them. To which he replied that the influence of the holders of the bonds in this State would prevent that, a?id intiiJiated very clearly and distinctly that prominent Democrats were as deeply interested in the Holford bonds as the Radicals. I can- not at this remote period undertake to state all that was said at the time referred to, but I have a distinct recollection that when I or some other person present expressed asto?iishment at the sudden cessation of the onslaughts of the ''Gazette " upon the measure during its pendency in the legislature, Mr. Johnson, turning to someone who had remarked that the ''Gazette'' had good reason for its course, said: 'I spiked that GUN.'" The Gazette, published at Little Rock, was then, and is now, the leading Democratic newspaper in Arkan- s:is. Charles B. Johnson had been a Confederate, and after the war was a Democrat, and Mr. Fishback now abruptly changes the examination of the witness. Walker, to another class of bonds. " What amount of Little Rock & Fort Smith Rail- road bonds did Mr. Johnson own ? " Answer: " I saw a statement in writing over the signature of William P. Denckla, sent by him to the administratrix, since Mr. Johnson's death, that the bonds coming to her estate were $370,000. This is my recollection. I have since understood that the Legislative Investigation. 27 real amount was over $400,000. I am uncertain as to the amounts, but this is my recollection about it.*^' To James M. Collins, another witness sworn at this time, Mr. Fishback caused to be read the testimony of William Walker as here presented, down to and including the spiking of the Gazette s gun, and he asks this witness : " Is that your recollection of the conversation ? " Answer: " It is. I recollect it distinctly." Mr. Walker was now re-called and is asked this question : " In your testimony, written out by yourself, you allude to Mr. Johnson's having 'spiked the Gazette' This, unexplained, may do an injustice. Did I not understand you, when you first mentioned this subject to me several years ago, when fresh in your mind, to say that Mr. Johnson exonerated Mr. Woodruff " (Mr. Woodruff was one of the proprietors of the Gazette) ' from any participation in these frauds ? ' " Answer: "My recollection is, that he left the im- pression on my mind that Mr. Woodruff was not impli- cated. I do not remember now who was editing the Gazette, or to whom he alluded, but do not think it was Mr. Woodruff. I think he had reference to some one else connected with the paper." At a meeting of the full committee, held at Little Rock, February 2, 1877, Mr. Woodruff (\Vm. E. Woodruff, Jr.) was sworn and asked this question only : " Do you know of any frauds committed in connec- tion with the funding of any State bonds ? " Answer: ''I do not; nothing." 28 W/iaf is the Situation Now ? February 5, 1877, the full committee met again at Little Rock, when Maj. W. D. Blocher, having been called and sworn, testified as follows : ''I was connected with the Gazette in 1869, at the time the Funding Act of April 6th, 1S69, \yas pending. I have no knowledge of any money, or bonds, being paid or offered to any body connected with the paper to secure its influence or for any other illegitimate purpose." The testimony disclosed nothing further that bore upon the attitude of the Gazette ; and while Mr. Woodruff and Maj. Blocher were considered as exoner- ating themselves personally, they were not the only parties understood to be connected at that time with the management of the Gazette, and there still stood its abrupt and significant silence at a critical juncture in this matter ; the statement of Mr. Walker that Mr. Johnson had reference to some one connected with the Gazette^ other than Mr. Woodruff as he (Walker) thought, and the direct and positive statement of Mr. Johnson with reference to this sudden silence of the Gazette (which seems to have been conceded) that '' he had spiked that gun " — testimony confirmed also by the witness Collins. The paternity of this funding bill, or who were seeking to have it drawn, the committee found it very difficult to ascertain. Republican witnesses swore they knew nothing about its authorship, and Demo- cratic witnesses who were charged to have drawn it, gave similar testimony. The nearest approach to finding out, specifically, what man or men were inter- ested in having it drawn — a bill whose authorship Legislative Investigation. 29 seems still to be a mystery — is found in the testimony of Dr. R. G. Jennings. Question by Mr. Stubbs. " Who drew the bill ? " Ansiver : " I do not know. Gov. Garland told me that he had been approached on the subject, but had refused. Garland said // was Charles B. yohnson^ as I understood. In my frequent conversations with Garland, he said he knew that these men had to have the services of some lawyer here, who knew all about the laws pertaining to the matter." As nearly, therefore, as location appears to be possi- ble, the authorship of this bill was quite as likely Democratic as Republican. Again, speaking of testimon}^ taken by this com- mittee, Mr. Fishback says, on page 313: " A Republican State Senator who was deep in the inside of matters, after warding off question after question by the chairman, finally admitted that his opinion was, that the lobbyists, naming them, got $870,000, as their share." We have before us the majority and minority reports of this committee and the testimony taken, as printed in pamphlet form at the office of the Gazette at Little Rock, and there cannot be found from the beginning of this document to its end a single word in support of the statement last above quoted. If any Republican State Senator, who appeared before that committee, warded off question after ques- tion the fact does not appear, and there is no admis- sion by any such witness that lobbyists received $870,000, or any other sum, as their share of the Hoi- 30 ]V/iat is the Situation Now ? ford Bonds, nor is there any " naming " whatever of such lobbyists. The majority report of this committee was signed by Mr. Fishback as chairman, and presumably he wrote it. On page 312 of "Why the solid South?" this report is supposed to appear, but is, in fact, so badly garbled, and for the evident purpose of avoid- ing any allusion to Democratic corruption, that the original report and this mutilated affair will both be now presented. The latter, which is intended for con- sumption by " the business men of the North,"" ran as follows : "Mr. Speaker, — " Your committee . . . have had in evidence before them that there was formed and organized in this city" (Little Rock) " a combination of men called a 'ring,' who had a regular cypher by which they concealed their true names in their correspond- ence. " That this ' ring' borrowed money from persons outside the State for the purpose of bribing the funding act of April 6tb, i86g. through the legislature ; of getting a distribution of the railroad aid bonds . . . and that seventy- five thousand dollars were subscribed by men interested in the levee contracts, with which to purchase the legislation, which made levee bonds re- ceivable for the lands of the State. " (Signed by nine of committee, one Republican dissenting)." The///// majority report, as printed by the Gazette, was the following : " Mr. Speaker, — "Your committee upon whom the House of Representatives devolved the very unpleasant duty of investigating the ' frauds connected with the legislation upon and the issue of the Holford railroad aid and levee bonds of this State,' have directed me to report that they have discharged that duty with such diligence and thoroughness as their limited time and opportunities have Majority Report. 31 admitted. Your committee, however, feel it due not less to themselves than to the House, to express their regret that the fast approaching termination of the session of the general assembly, and the imperative necessity for a final adjustment of our finances, have compelled them to conduct their investigation with rather more haste than they could otherwise have wished. " And yet they are not without hope that their labors have been sufficiently productive to convince the House and the country, even as your committee are convinced, of the utterly fraudulent character of both the legislation upon and issue of the bonds, which have constituted the subject of their inquiries. " They have had in evidence before them that there was formed and organized in this city a combination of men, commonly called a ' ring,' who had a regular cypher by which they concealed their true names in their correspondence ; that this * ring ' borrowed money from persons outside of the State for the purpose of brib- ing the funding act of April 6, 1869, through the legislature, and of getting a fraudulent distribution of the railroad aid bonds ; that^ in addition to paying money and bonds for the necessary legis- lation, the bonds themselves were distributed among De?noc?'aiic and Republican politicians in such a manner as would fortify the iniquity against a repudiation by the people ; that in order to silence all objection against their frauds while in progress of con- summation, corruption money was otherwise used ; that the rail- road aid bonds were issued in such palpable violation of law, and at a time when at such a heavy discount as necessarily to presup- pose a deliberate fraud ; and that seventy-five thousand dollars were subscribed by men interested in levee contracts, with which to purchase the legislation which made levee bonds receivable for swamp lands. "Yet in the midst of this carnival of fraud your committee find exceeding gratification in reporting that several gentlemen, whose names had been more or less mixed up with these iniquities by common rumor, have, in the opinion of your committee, com- pletely exonerated themselves from all complicity in so disrepu- table transactions. " But as the resolutions, under which your committee are act- ing, charge them with a mere investigation of facts they deem it improper to present any conclusions of their own ; and for the 3- IV/iat is the Situation Now? same reason they forbear any recommendations in the premises, but beg merely and respectfully to submit, for your consideration, the testimony they have taken. "Very respectfully, W. M. FiSHBACK, Chairman, T. J. Stubbs, C. W. Walker, A. S. McKennon, J. P. Eagle, A. Davis, e. P. Watson, Lewis W. Davis, I. R. Barnett." It can now be readily perceived that this report, as it appears in 'MVhy the solid South?" is utterly at variance with fairness of presentation ; and the writer, who is personally acquainted with Mr. Fishback,' is greatly surprised that he should so distort his own work. The minority report was very short. " Mr. Speaker, — " I do not wish to be considered factious, but I cannot agree to the 'summing up' of the evidence as reported by a majority of your committee. Without nozv criticising the majority report, I submit the evidence as taken, without comment, as my report, ask- ing each reader to draw his own conclusions. "T. M. JACKS." As shown, even by the tnajority report, there were some Democratic politicians who were as deep in the mud of these transactions as certain Republicans were in the mire. The pot should not call the kettle \t)lack. While, therefore, the writer does not, for one, ap- prove of or attempt to excuse all the public conduct of certain officers of the reconstruction government in Arkansas, still let us see whether or not there was anything good in Israel. Mason W. Benjatnin. 33 In the month of August, 1880, Mason W. Benja- min,* a prominent lawyer of Little Rock, made a speech in that city, from which we extract the fol- lowing : " I think it can be truthfully said that under all administrations, both Democratic and Republican, that with few exceptions, both the civil and criminal laws have been faithfully executed — much more so than in any other Southern State ; but notwithstanding the laws have been generally executed, still Gov. Roan before the war had to call out the militia to suppress some trouble in Marion County ; and Gov. Clayton, in 1868, had to call out the militia to suppress the Ku-Klux, which he succeeded in doing. " By his prompt action in calling out the militia we escaped the many Ku-Klux outrages that were perpetrated in most of the Southern States. On account of this Klan being broken up so soon in this State, we stand hs> THE only Southern State that has conducted herself so as not to have been investigated by con- gressional committees on account of outrages committed by the Ku-Klux. " These reports in the other Southern States form a chapter in their history blacker than any known in the civilized world. The prompt suppression of the Ku-Klux in this State saved the * The day before the congressional election of 1SS8 in Arkan- sas, John M. Clayton being the Republican candidate and Clifton R. Breckenridge the Democratic, Mr. Benjamin was sent to Conway County by the Republican State Central Committee with instructions to " use his best endeavors to secure an honest elec- tion." On arriving at the depot at Morrillton he was " confront- ed by an infuriated mob of several hundred persons," as we are told, "who threw him from the cars, assaulted and beat him, pulled from his face handfuls of beard, and met all of his appeals to their humanity with kicks and cuffs, and by shooting him in the forehead with a weapon of sufficient force to imbed and flat- ten a bullet on his skull. A short time after this Mr. Benjamin died, telling his wife, before his death, that his sufferings were due to the treatment received at the hands of the Morrillton mob." 34 What is the Situation Now 2 State that disgrace ; and every man of every party who feels a pride for the good name of the State ought to rejoice over the act." Before we proceed further with Mr. Benjamin, let us here interrupt him. The Ku-Klux Klan was not a bugaboo or a myth ; nor was it the comparatively harmless band of night riders that " the business men of the North " are asked to consider it in the description of the organization as given in "Why the solid South?" We quote from the chapter on " Reconstruction in Tennessee" (page 210): " The Ku-Klux Klan was a mysterious organization that wore grotesque disguises ; that paraded at night and that seemed to have neither starting point nor destination. It appeared unex- pectedly and disappeared suddenly. It never entered in its para- phernalia the larger cities or centers of population. Its move- ments were entirely on horseback, the horses often with muffled feet and with trapping sufficient to conceal their identity on a casual view. Their numbers were indefinite. Sometimes many would appear together ; at others, few. No one was found to confess that he knew who they were, whence they came or whither they went. "Sixteen years after this, in 1884, a history of the Ku-Klux Klan was published in Nashville, in which the fact is disclosed that it originated with a coterie of young men in Pulaski, Giles County, this State, in May, 1866, and was designed by them wholly and purely for amusement ; that the amusing features of the initiation were so decided, the membership increased so rap- idly, that by 1868, it had spread from Virginia to Texas, and its original design had been greatly perverted ; that its chief officer had lost control of its members or their actions ; that it was never in any sense a military organization, as alleged by Gov. Brown- low; that it claimed that many of the crimes and outrages commit- ted in its name were those of parties who used their disguises to gratify personal spites, and so avenge private griefs; and that it disbanded in March, 1869." Ku-Klux Klan. 35 And thus in softened phrase is this bitterly pre- scriptive political organization brought again to the attention of the American people. It did indeed spread from Virginia to Texas. Although Gov. Brovvnlow may have so regarded it, it was not generally understood in the South to be a military organization. Nor was it at all necessary that it should be, in order to accomplish its malignant purposes. Those purposes were the intimidation of Southern Republicans, white as well as black ; the " amusing features of the initiation " were a call to ter- rorism and murder, and the actual facts can not be glossed over by this apologetic, milk and water state- ment. The "crimes and outrages" committed by this Klan were political ; and they form a chapter in the history of the country that will pillory forever the prejudice and the hate of those men who still publicly justify the "Lost Cause"; and while they may not themselves have been the " Mid- night riders in grotesque disguise," they were the power behind and could easily have called off their murderous followers, had they thought proper to do so. In Arkansas we fortunately had a governor in Powell Clayton firm enough and stern enough to crush out, with his militia, these political assassins. Nor were his militiamen exclusively " Negro Militia," as Mr. Fishback terms them. Whole companies were composed of white men, many of whom were tax- payers, and when the State became tranquil again this militia was disbanded. We return to Mr. Benjamin. 36 What is the Situation Now ? In the year 1874 a new Constitution was adopted in the State of Arkansas, and in speaking of the first Legislature that assembled under it — a body over- whelmingly Democratic — Mr. Benjamin said : " This Legislature wanted to change the time of the city election in Little Rock, so as to oust the Repub- lican incumbent, and was afraid to do so by a bill for that purpose. So they re-enacted the chapter in Gantt's Digest upon incorporation of cities, with a change of the time for an election, and a few other trivial changes to make a show. They passed a peonage law and called it a regulation of the labor system and destroyed the priority of a laborer s lien that a Republica7i law had given to all laborers o?i the produc- tion of their labor ^ (Cries of " That's so; give it to them ! ") " They passed an act to steal and divide among them- selves and other State officers forty thousand dollars of the School fund, that the Republicans had saved and invested in United States Government bonds, and through every emergency had refused to touch. "The legislature of 1877 " (likewise overwhelmingly Democratic) " passed an act to double the price of State lands ; repealed the donation law, which permitted every citizen to donate lands that had been forfeited for taxes, and passed an act to sell men in jail to the highest bidder. Under this act one negro was sold in this county ; then the negroes made up a purse to buy the first white man that was sold. This made that law in this county a dead letter. No other man was ever offered for sale. "The legislature of 1879" (similarly strong as a Democratic body) " passed an act to sell land for Democratic Jobbery. 37 taxes, without advertising. It passed Johnson and Reynold's steal bill, which was the greatest fraud, the greatest swindle, the greatest robbery of the people, for the benefit of two individuals, that has ever been perpetrated by any legislature in the State of Arkan- sas. Lycurgus L. Johnson and Gen. D. H. Rey- nolds * made a contract to build a levee, and were to receive 90 and 80 cents per cubic yard, and $150 per acre for draining, and were to take their pay in levee bonds. They did the work at these enormous figures, and received a part of their pay m levee bonds, and when all the levee bonds were issued that could be issued under the act, there was still due Johnson & Rey- nolds in levee bonds the sum of $87,5 11.20. Johnson & Reynolds owed the State upon real estate bank mortgages the sum of $94,590.98. These figures I get from the records of the chancery court. So taking each debt at its face value Johnson & Reynolds owed the State a balance of $7,079.78. The real estate bank debt could be paid in real estate bank bonds, that were worth about three times as much as levee bonds. Now our honest Bourbon legislature passed a bill to settle the matter, and to cover up their rascality as much as they could, recited various lies in a '' where- as " and a " whereas," and thus enacted that they would not only give Johnson & Reynolds the $7,079- .78 balance that they owed the State, but required the auditor to issue to Johnson & Reynolds treasurer's certificates to the amount of $32,309.07, making a gift o^ $39,388.80 to Johnson & Reynolds. This is taking each debt at its face value, but if we estimate the cash *Gen. D. H. Reynolds was a prominent Confederate officer in the war of the rebellion and a Democrat afterwards. 38 JV/iai is the Situation Now ? value of each the fraud is still greater. The cash value of $87,511.98 in levee bonds was^$8,75i.i9, and the cash value of $94,590.98 in real estate bank bonds was $28,377.29, which makes a difference in favor of the State of $19,626.10. This added to $32,309.07 makes the neat little sum of $51,935.17 that the legis- lature stole from the people and gave to Johnson & Reynolds. IMPROVEMENTS. *' Let us examine the record of the two parties in re- gard to improvements. In twenty-five years under Democratic rule there was built in this State a rickety old squeaking railroad from Little Rock to DeValls Bluff, a distance of about fifty miles. This was the only railroad in the State when the Republicans came into power. During the five years that the Repub- licans ruled, there were built in this State between six and seven hundred miles of railroad ; so that when the Republicans went out of power you could travel from the capital to almost any part of the State by railroad. " During the six or seven years the Democrats have been in power, as the successors of the Republicans, there have been built in the State about one hundred miles of railroad. So there have been built under the thirty odd years of Democratic rule about one hundred and fifty miles of railroad to about six hun- dred and fifty miles during a Republican rule of a little over five years. CHARITABLE INSTITUTIONS. "During all the long period the Democracy were in power in this State, both before and since the war. Republican Improve??ients. 39 they never built and maintained a single charitable institution of any description. During the time the Republicans were in power they made great efforts to protect and take care of the unfortunate. They es- tablished, built and maintained a beautiful asylum for the blind of the State, a place where the unfortunate sightless boys and girls of the State can be educated, and learn some trade that enables them to make a living. They also established, built and main- tained a beautiful asylum for the deaf and dumb, a place where the unfortunate mutes of the State can obtain an education. They also passed a law establishing an asylum for the lunatics, and an ap- propriation to carry it into effect ; but before any- thing could be done under it, the Democracy came into power and they have spent ten thou- sand dollars of the appropriation, but have built no asylum. SCHOOLS. '' Let us briefly examine the records of the two parties upon the subject of common schools: upon the subject of providing means for educating the children of the rich and poor alike. " Congress granted to this State 960,000 acres of land for the purpose of establishing common schools. Did the Democracy either establish schools or create a school fund from which we now draw large interest, as is the case in most of the Western States, from this magnificent gift ? Let us put their own witness upon the stand, so they cannot charge it to be a Radical lie, and see what progress they made for the first twenty years. 40 ] 111 at is tJic Situation Noiv ? " Hon. David B. Greer, Secretary of State and School Commissioner, in his report in 1856, says, " They have about twenty- Jive common schools organized and sustained by the common school fund." This gives them one and a quarter schools for each year of their rule up to that time. What great progress they made ! What wonderful facilities they furnished for educating the children of the State! Does it not seem to you that any political party that makes such exceedingly liberal provision for educating the children of the State ought to be kept in power forever ? . " But, fellow citizens, I am sorry to inform you that the Bourbon Democracy were unable to hold out at such an exceedingly liberal rate, for in four years, in i860, Hon. S. M. Weaver, then Secretary of Stat-e and School Commissioner, reported that there were only ten schools in the State. This was the last report before the war. "■ What did the Democracy do with the 960,000 acres of land given by Congress for the sole use of schools, and worth, at least, three million dollars. Let us ex- amine their own witness again and see what proof can be found. Secretary Greer in his report says : * We see the cotton fields flourish upon them, but not even a log school-house is reared for the education of the poor ybuth of the township.' '* Yes, nearly the whole of these lands and the funds arising from the sale of the lands have been diverted from the school fund and completely squandered. " What did the Republicans do when they came into power ? How many schools did they add to the ten Democratic schools ? Republican School Manage?Hent. 41 " The first year they passed a good, efficient school law and added to the ten school houses built by the Democracy, 622, making at the end of their first year 632 schools. The second year they organized 240 schools and the third year, 417 ; the fourth year, 302 and the fifth year, 187,-1,768 schools in five years, against the Democracy's twenty-five in twenty-four years. '' In 1869, the second year of Republican rule, there were out of the 176,910 school children in the State, 67,412 attending the public schools; and in 1870, the third year of Republican rule, out of 180,274 school children, there were 107,908 children attending the public schools provided by the Republicans. "In 1874 the constitutional convention which con- tained a large Democratic majority "— and now the re- construction period was over with —"abolished in their new constitution the office of State school superintend- ent, so as to get as near back to old times as possi- ble, and under their rule the schools soon ran down. The very first legislature that convened robbed the School fund of $40,000 in United States government bonds, that the Republicans had saved during their administration, and divided it among themselves and other State officials. This was their first aid to schools. By the time the next legislature met, the people began to be clamorous to have the schools the Republicans had established put into operation, and to appease this clamor the legislature of 1875 created the office of school superintendent, and also pretend- ed to enact a school law, but it was just a. reenact- ment of the Republican school law in Gantt's Digest, except that it provided that all funds, etc., that under the Republican law went to the school fund, might be 42 What is the Situation Noiv 1 invested in Arkansas bonds, instead of United States government bonds ; and that the interest on the school fund might be appropriated to the payment of salaries, instead of requiring it only to be applied to teachers' wages ; and that county examiners or super- intendents should be appointed by the county court instead of being elected by the school trustees of the various school districts of the county ; and that if any school district voted to have no school, and so noti- fied the school superintendent, that they should not lose their proportion of the school fund. " Some changes were also made as to the time reports were to be presented. All these changes, except the time to make reports, made the school law more ineffi- cient and the school fund more insecure. We find from the reports made by their superintendents that in 1876 they built 25 school houses, and that there were 189,130 school children in the State, and out of this large number only iS,S(po attended school. We find, also, that in 1877 there were 80 school houses built and that there were 216,475 school children in the State, and out of this number only 33,747 attended school. UNIVERSITIES. " The Congress of the United States gave the State of Arkansas 46,000 acres of the very best land in the State, while the Democracy were in power, for the purpose of building and sustaining a university of learning.. Where is the university they built with this magnificent fund ? Nowhere. None was ever built. What has become of this fund ? Squandered long since. Arkansas Industrial University. 43 " During the Republican administration of the State, a grant made by a Republican Congress of 150,000 acres of land for the purpose of building a university of learning came to their hands. Did they do like the Democracy — squander it ? No, they built at Fayette- ville one of the most magnificent university buildings in the United States ! They not only managed to build this fine university, but had the same endowed with almost one hundred and fifty thousand dollars, and put in successful operation. This university is now the great pride of everyone, irrespective of party, in the State. It will be a monument to the Republican ad- ministration '• as long as grass grows and water runs.' (Applause, and cries of ' preach the word.')" Thus far Mr. Benjamin. He was a careful, pains- taking lawyer, and not given to making erroneous statements. Of the university to which he alludes, the Arkansas Industrial, the writer was the first presi- dent, a trustee and treasurer of the board ; and it is not improper, perhaps, for him to say, that from the beginning this institution was prosperous and is pros- pering to-day. It was created and put in successful operation under Acts of the Legislature of the State, passed in the years 1871 and 1873, during the reconstruction period ; laws that were intended to secure and build up for Arkansas a great university, which, while not neglecting the usual curriculum of American colleges, should specially provide for instruction in agriculture and the mechanic arts. On the second day of July, 1862, President Lincoln approved the Act of Congress donating public lands 44 IVhai is tJie Situation Noiv ? to the several States and Territories which should so provide, and under this law the Reconstruction Gov- ernment of Arkansas proceeded. Several localities competed for this university, but it was finally located at Fayetteville, Washington County, the county deliv- ering to it $100,000, in its bonds, payable thirty years from date, with interest at eight per cent., payable semi-annually ; and the town of Fayetteville, $30,000 of its bonds, likewise running for thirty years, with interest similarly payable, and at the same rate per cent. The next thing to do was to obtain the 150,000 acres of Agricultural College Scrip allotted to the State. Temporary buildings were erected at Fayette- ville ; the university was thrown open to pupils, and when the required number was obtained to secure this scrip, the fact was telegraphed to the Secretary of the Interior. The right of the university to the Con- gressional donation seemed now to be complete, and the writer was sent to Washington by the Board of Trustees to secure its issuance, but arriving there he was told by the Secretary of the Interior that the uni- versity could not have this scrip until the State of Ar- kansas should pay an indebtedness due from it to the trust fund of the Chickasaw Indians, a debt contracted when the Democracy was ruling the State, and amount- ing then, principal and interest, to at least $250,000, and as security for the payment of which the govern- ment held the bonds of the old State Bank. Shortly after Arkansas was admitted into the union it borrowed from this Chickasaw Indian fund a large sum of money. On the first day of January, 1842, the amount of unpaid principal was $90,000. Up to that Proceedings in Congress. 45 date the interest had been met, but nothing had sub- sequently been paid, either of principal or interest, and the sum of $250,000 was now due. The secretary stated, however, that if Congress would authorize him to receive the new funded bonds of the State, for the bonds held by him, funding principal and interest, he would deliver the old bonds and issue the college scrip. A bill to meet this exigency was drawn at once, placed in charge of Senator Powell Clayton and introduced in the Senate in January, 1872, In March of the same year another bill was introduced in the House of Representatives by Hon. James M. Hanks of Helena, that contemplated the issuance of this scrip without reference to the payment of this old debt due from the State. The House bill passed that body near the close of the session, and taken to the Senate was there the subject of an animated discussion that resulted in an amendment, to the effect that this scrip should not be delivered to the authorities of Arkansas until the State should make some satisfactory arrange- ment, by which its bonds, principal and interest, then held by the United States as Indian trust funds, should be funded in the new bonds of the State, authorized to be issued for this purpose. This, as was announced on the floor of the Senate by Senator Clayton, the State was ready to do ; and, to use his language, " the very moment the Secretary of the Interior comes forward and proposes to have these bonds funded the State authorities will do it." With this amendment the bill passed the Senate the day of the adjournment of Congress, and being hurried into the House, where it was compelled to go again in consequence of this amendment, it was there, through 46 What is the Situation Now ? the indefatigable exertions of Mr. Hanks, and amid all the confusion of the closing hours of a Congress, pressed to a vote, and the measure became a law. This scrip was now issued and sold at ninety cents an acre — as high a price, it is believed, as was ob- tained for similar holdings by any State in the Union, when not located on the public domain by the receiv- ing university itself, and much higher than that for which some of the State recipients of this benefaction are known to have sold. The proceeds of the sale, less ten per cent, permis- sibly used in paying current expenses of the university, were made a building fund, the bonds of the county of Washington and town of Fayetteville becoming an endowment. The university building, perhaps the finest structure of the kind in the Southwest, holds a most commanding position in the city of Fayetteville, and, as Mr. Benjamin has well said, this university is now the great pride of every one in the State, irre- spective of party. Under an act of the Legislature, approved April 25, 1873, the trustees of the university were also au- thorized and empowered to select a suitable site for a Branch Normal College, for the special use of the colored people, and to organize this adjunct in har- mony with the main institution at Fayetteville. This was promptly done, and the branch college located at Pine Bluff, in the Southeastern portion of the State, was in successful operation when the reconstruction period terminated. And yet Mr. Fishback does not say one word in favor of what was accomplished for the substantial good of the State during Republican rule. A71 Unfair Presentment. 47 He finds place, however, aside from many other misleading statements (to which we have given some attention) for a remark that is equally at variance with a fair presentment of the facts. In comparing Republican with Democratic ex- penses, he says, page 308 : '' But it should be remem- bered that a very large part of the expenses under Democratic rule is for care of State Institutions built by Democrats, and not in existence during the Repub- lican regime y To those familiar with the facts this statement is simply ridiculous, and yet it should not be lightly con- sidered, when the object of " Why the solid South ? " is borne in mind, to wit : The influencing of opinion in the North. In short, if the presentation made by the other Southern States is as unfair and unjust as that for Arkansas, then " Why the solid South ? " as we have already said, is, by no means, entitled to the con- fidence of those to whom it is dedicated. Moreover, there comes to the surface here and there in this book, a vein of justification of the " Lost Cause," and criticism of the measures of the General Government for the restoration of law and order in the South, that will not meet with the approval of those men who were loyal to the Flag, whether in the army or out of it, at a time when the very life of the Nation hung tremblingly in the balance. We now ask attention to some important facts in the recent political activities of the country, that bear directly upon the immediate future, and show" a con- dition of affairs that demands correction. 48 What is the Situation Now ? The act making an apportionment of Representa- tives in Congress among the several States under the eleventh census, approved February 7, 1891, provided that after the 3d of March, 1893, the House of Representatives shall be composed of 356 members, to be apportioned among the several States, as desig- nated in the act. Under this law the House of Repre- sentatives of the Fifty-third Congress came into being, and is now in session. The Standing and Select Committees of this Body are 56 in number, and the House itself, having a Demo- cratic majority, it was to be expected that the Demo- cratic party would hold the personftel of the majority in. each of these Committees, This it does. In the official Congressional Directory for the Fifty- second Congress, and in similar publications made with reference to many previous Congresses, the Standing Committees (which constitute a very large proportion of the entire number) are largely arranged in the order of their importance. In the official directory for the Fifty-third Congress this arrangement is departed from,and these committees are now, for the first time, presented in alphabetical order, and with no separation of the standing from the select committees, which has hitherto been the case. Taking these committees, however, in their entirety, we find that of their chairmanships the South has 33 and the North 23 ; and examining the more important of them in the order observed for many years, we find that when 34 are told off, a series on expenditures in the various departments of the government is arrived at, foHowing which there is but one committee of special prominence — that on " Rules," House Committees. 49 Adding this committee to the 34 it will be seen, upon examination, that of the chairmanships of the 35 the South has 22 and the North thirteen. Their assignment is the following : To the South : " Rules " (the Speaker chairman), '' Elections," " Ways and Means," " Appropriations," '' Judiciary," '' Coin- age, Weights and Measures," " Inter-State and Foreign Commerce," " Rivers and Harbors," " Agriculture," " Foreign Affairs," " Post-Offices and Post Roads," " Public Lands," "Territories," "Railways and Canals," " Private* Land Claims, " " Public Buildings and Grounds," "Levees and Improvements of the Missis- sippi River," "Education," "Pensions," "Claims," " District of Columbia," and " Revision of the Laws," twenty -two. To the North : "Banking and Currency," " Mer- chant Marine and Fisheries," " Military Affairs," "Naval Affairs," "Indian Affairs," "Manufactures," " Mines and Mining," "Pacific Railroads," " Labor," " Militia," " Patents," ^*^ Invalid Pensions," and " War Claims," tJiirteen. Two of the Democratic members of the Committee on " Rules" are from the South — one from the North. Of the nine Democratic members of the Committee on "Elections," the chairman and five other members are from the South, and three from the North. The first, second, third and fourth places in the Committee on Ways and Means are filled by Demo- crats from the Southern States ; and of the eleven Democratic members of this committee six are from the South, y?z;