The Brooks–Baxter War, also known as the Brooks–Baxter Affair, or Arkansas Civil War was an attempt made by failed gubernatorial candidate Joseph Brooks of the "Brindletail" faction of Arkansas' Republican Party to take control of the state from Elisha Baxter, who was the Republican governor. The victor in the end was the Baxter administration, also known as the "Minstrels", supported by some "carpetbaggers" and Democrats over the Brindle-tails supported by "scalawags" and "freedmen".

The struggle began with the ratification of the 1868 Arkansas Constitution, rewritten to allow Arkansas to rejoin the Union after the American Civil War. The Reconstruction Acts required the rebel states to accept the 14th Amendment – establishing civil rights for freedmen – and enact new constitutions providing suffrage to freedmen while temporarily disenfranchising former Confederates. Some conservatives and Democrats refused to participate in the writing of the constitution and ceased participation in government. Republicans and Unionists wanting Arkansas to rejoin the Union formed a coalition to write and pass the new constitution, and formed a new state government. In the wake of a wave of reactionary violence by the Ku Klux Klan and a poor economy, the coalition soon fractured into two factions: the Minstrels, who were mostly scalawags. This led to a failed impeachment trial of the carpetbagger Republican governor, Powell Clayton; he was then elected a U.S. Senator by the Arkansas General Assembly.

The 1872 gubernatorial election witnessed a narrow victory for Minstrel Elisha Baxter over Brindle-tail Joseph Brooks in an election tainted by fraud and intimidation. Brooks contested the outcome through legal channels, initially without success. However, Baxter's decision to restore voting rights to former Confederates alienated much of his support base. In 1874, a county judge declared Brooks the rightful governor, citing election fraud. Brooks seized control of the government by force, but Baxter refused to step down. Each side garnered support from their respective militia, consisting of several hundred black men. This led to several violent clashes between the factions. As the conflict continued, Black Arkansans increasingly supported Brooks over Baxter, and white Democrats rallied behind Baxter in an attempt to end Reconstruction in Arkansas. Ultimately, U.S. President Ulysses S. Grant reluctantly intervened, throwing his support behind Baxter and bringing an end to the conflict.

The conflict, followed by a complete restructuring of state government under the Arkansas Constitution of 1874, marked the end of Reconstruction in Arkansas, resulting in a significantly weakened Republican Party in the state as Democrats took power and controlled the governorship for 90 years.

Background

Arkansas Constitution of 1868

After the American Civil War, rebel states, including Arkansas, were in disarray. Slavery, key to their economies and social structure, was gone. Northerners, whom Southerners called 'carpetbaggers', came to the defeated Southern states to work in the rebuilding process. In 1866, Congress grew increasingly disturbed by post-war developments in the rebel states: pre-Civil War elites, including plantation owners and Confederate Army officers, were reelected to government positions, and southern legislatures enacted "Black Codes" limiting the rights of former slaves, and violence against blacks was common. To redress the matter, Congress passed the Reconstruction Acts of 1867, dissolving rebel state governments and dividing the South into military districts. Rebel states could only be readmitted to the Union if they wrote and ratified new constitutions providing civil rights for freedmen, and accepting the 14th Amendment.

In the fall of 1867 Arkansans voted to convene a new constitutional convention and selected delegates, who convened in Little Rock in January 1868. The President was Thomas M. Bowen of Crawford County. The vice presidents included James Hinds, Joseph Brooks, John McClure. A coalition of native white unionists, freedman, and carpetbagger Republicans prevailed on most critical proposals. The 1868 Constitution of Arkansas, adopted by the convention on February 11, 1868, marked a significant shift in the state's governance and societal structure. This constitution extended voting rights to emancipated adult male slaves, now referred to as freedmen, acknowledging their new status as citizens. The constitution also introduced a system of public education, accessible to all citizens regardless of race or color. Additionally, welfare institutions were established to support those in need, a provision that had been absent under the previous government. The 1868 Constitution expanded the powers of the governor, including the ability to appoint state officials. Furthermore, the constitution temporarily disenfranchised former Confederate Army officers and those who refused to pledge allegiance to the civil and political equality of all men. This measure was taken to ensure the loyalty of the state's citizens and officials to the new order.

The Democratic Party was also in disarray in Arkansas in 1867–68. One unifying principle of the Democrats, however, was white supremacy and resistance to black suffrage. At the January 27, 1868, Democratic State Convention in Little Rock, Democrats announced the avowed purpose of uniting "the opponents of negro suffrage and domination". Some party leaders opposed Reconstruction in favor of continued military rule, which was far from what they wanted, but seemed like a better option than allowing freedmen all the civil rights of white citizens, including the right to vote. The more conservative wings of the party simply showed no interest in the new constitution and remained loyal to the ideas embodied in the Confederacy. During the constitutional convention, Democrats convened their own party convention. Many chose to boycott elections on the grounds that the new constitution was illegal, because it disenfranchised them while giving suffrage to the freedmen, whom they insisted were an inferior race. They also alienated the freedmen who were now the largest block of voters in the state, by adopting resolutions against them: their first resolution of the convention was "Resolved, that we are in favor of a White Man's Government in a White Man's country."

The new constitution was ratified by the people of the state, at the election beginning March 13, 1868. This election was riddled with inconsistency. Alvan Cullem Gillem, the commanding officer of the Fourth Military District which included Arkansas, noted in his report to Congress that more votes had been cast than there were registered voters. Furthermore, the county registrars were allowing people who claimed to be registered in other counties to vote, while also not keeping track of what county these people claimed to be registered in. Despite the obvious inconsistencies in the election, Congress was satisfied and Arkansas was readmitted to the union. This election would be a harbinger of the future voting irregularities that would eventually lead to the Brooks-Baxter conflict.

Clayton administration

thumb|left|upright|Powell Clayton|alt=Black and white photograph of a serious-looking middle-age man with thinning hair, long mustache, and pointy beard, wearing a double-breasted waistcoat and necktie

Powell Clayton, a 35-year-old former brigadier general in the Union army who remained in Arkansas after marrying an Arkansas woman, was elected governor as a Republican in April, 1868. The election was scarred with irregularities. For example, the return of votes in Pulaski County exceeded the number of registered voters. Also, the registrars, who controlled the distribution of ballots, admitted that they had given ballots to voters from other counties if they could show a valid registration certificate. Both sides claimed election fraud and voter intimidation: armed parties had been stationed on roads to keep voters away from the polls. General Gillem, commander of the military district that included Arkansas, wrote to General Grant that it would take months to sort out which side had committed the greater election fraud.

Rivalry between Brooks and Clayton predated the 1868 election. Clayton saw Brooks as his strongest competitor for preference and distinction and did not want him to become too entrenched with the party leadership. Brooks felt that his ability and service to the party were not being recognized or appreciated, and he grew bitter and resentful of the other Republicans, including Clayton.

Democrats, calling themselves "Conservatives," strongly opposed granting freedmen voting rights, viewing it as an overreach of the 14th Amendment. Their resistance stemmed from a perceived threat to political power and social order. Frustration grew as they had to pay taxes for infrastructure while still being disenfranchised, fueling opposition to Radical policies. As more violence spread throughout the state, Clayton declared martial law in 14 counties.

Many Democratic newspapers denied the existence of the secretive Ku Klux Klan while still reporting on the violence. 20th-century research shows the Klan was responsible for most of the violence in the state at this time. A state militia was organized to put down the violence, although it was poorly equipped. With no uniforms and irregular weapons and mounts, the militia was often mistaken for wandering bands of plunderers, sparking a brief but long-remembered "Militia War", and causing terror throughout the state.

Paying for the new infrastructure

Governor Clayton faced a desperate need for infrastructure rebuilding. His diverse efforts included hefty tax hikes, bond issues to restore credit, and even printing state-issued "scrip." Despite these measures, soaring inflation, economic hardship, and a tripling of Arkansas's debt by 1873 marked this period of financial struggle and political discontent. Many bonds were issued for roads and railroads that were never built, or were constructed and then torn up and rebuilt in another direction. Some projects even received the same amount of funding from different bonds, such as embankments built for railroads where roads were funded to be built by a different bond. The defeated candidates sued, and the State Supreme Court forced the clerk to certify the votes. As a result, the Brindle-tail delegates of Pulaski County were expelled from the state house. A legislature committee headed by S. W. Mallory recommended that the elections of certain townships in Pulaski County be declared void. The senate followed and expelled Joseph Brooks and seated his opponent. Clayton, convinced of fraud, declared Edwards as the winner of the election despite the Secretary of State already certifying Boles’ victory of 10,314 Boles to 8,210 Edwards. Clayton was then indicted by the federal circuit court of violating the first enforcement act. It was found that his actions were not illegal, he was in no way binding to the Congress and under federal law of the time, state governors were not considered election officials. Boles became a congressman.

To sequester Clayton from the affairs in the state, the Brindle-tails and the Democrats decided the only thing they could do was elect him to the U.S. Senate. However, even though he won unanimously, he refused to take his seat, which would mean letting Johnson become governor. In 1871, the state House of Representatives drafted articles of impeachment against Clayton, charging him with a wide variety of impeachable actions, including depriving Johnson and several other state officials of offices to which they had been fairly elected, removing state officials and judges from offices to which they had been fairly elected, aiding in fraudulent elections, taking bribes for state railroad bonds, and various other high crimes and misdemeanors. The members of the House then tried to suspend Clayton from his duties as governor by force. They even apparently tried locking him in his office and nailing the door shut. However, Clayton responded that they had no right by the state constitution to deprive him of his office. At the same time, the House also brought impeachment charges against Chief Justice John McClure for his part in trying to deny Johnson the privileges of his office of lieutenant governor.

Two successive inquiries failed to find evidence against Clayton. The legislature refused to continue, all charges were dropped, and Clayton was exonerated. In fact, he was never found guilty of any wrongdoing while governor. Finally a deal was reached. Johnson, now politically badly damaged by his impeachment ordeal and willing to take any position he could get, resigned as lieutenant governor, was appointed Secretary of State, and was given a compensation of several thousand dollars for his loss of power and prestige, since he would not become governor. A staunch Clayton supporter, O. A. Hadley, was then appointed lieutenant governor. Three days later, Clayton left the state for Washington, D.C., to join the U.S. Senate, and Hadley succeeded him as governor.</blockquote>

Although no longer a state official, Clayton remained the leader of the state Republicans and was controlling now not only appointments within the state, but also the flow of federal money and positions. He began purging Brindle-tails from federal office, including Joseph Brooks, who was at this point an Internal Revenue Assessor.

At their party convention, the Minstrels faction (who controlled the Claytonite Republicans) nominated Elisha Baxter as their candidate. Baxter was a lawyer, politician, and merchant from North Carolina who had settled in Batesville. A lifelong Whig, he was elected Mayor of Batesville in 1853 and elected to the state legislature in 1858. At the start of the American Civil War, Baxter refused to fight for the Confederacy and attempted to flee to Missouri. He was captured and tried for treason. He escaped north and joined the 4th Arkansas Mounted Infantry (Union), serving as colonel of the regiment. In 1864, after Arkansas was occupied by Union troops, Baxter was appointed as Justice of the Arkansas Supreme Court, but he did not serve in that position. He and William Meade Fishback were chosen by the new legislature in May 1864 as the two U.S. senators from Arkansas, but in February 1865, their admission was denied by congressional Republicans displeased with Lincoln for trying to restore Southern representation in Congress so easily. In mid-1865, Baxter formed a law partnership in Little Rock with future U.S. Congressman and fellow Unionist James M. Hinds.

The Minstrels chose Baxter, believing that since he was a long time resident of the state and a former slave holder, he would appeal to the native Republicans and Democrats alike. Brooks was thoroughly disliked by both native Republicans and Democrats. In fact, Clayton would muse in his memoirs that besides himself, Joseph Brooks was the most disliked person in the state of Arkansas. This alliance was aimed at supporting a Horace Greeley Liberal ticket on the national stage. However, Powell Clayton would later accuse Brooks of a broader political deal with the friends of Ku Klux Klan members Dandridge McRae and Jacob Frolich, who were involved in the murder of Albert H. Parker and had become fugitives. The Democrats would support Brooks and his followers for state offices in 1872 instead of nominating their own candidates; in exchange, Brooks and his faction were to assist in acquitting the White County prisoners associated with McRae and Frolich. The deal involved manipulation of the judicial process, including the election of a special judge sympathetic to their cause and the scattering of witnesses to prevent their testimony.</blockquote>

On November 6, 1872, the day after the general election, the Gazette reported: "The election was one of the most quiet in Little Rock we ever witnessed." The returns on that day were too small to report with any certainty who had won, and the newspaper reported fraud. Rumors flew about claiming that registration had been cut short or extended in many counties to suit the needs of whoever controlled the polling places. The following Monday, the Gazette published incomplete tallies from the various counties, showing a small majority for Baxter. They also reported more forms of attempted fraud. Some unofficial polling places had apparently been set up, but only those votes cast at the regular polls had been certified.

By November 15, the Gazette claimed victory for Brooks.]]

The first to file suit over the election was Judge William M. Harrison, who had been on the Brooks ticket. He filed a Bill of Equity with the U.S. Circuit Court in Little Rock, claiming he had a right to a seat on the Supreme Court due to the fraudulent election. The Brooks Campaign likewise filed suit in the Circuit Court shortly thereafter on January 7, 1873. Judge H. C. Caldwell heard the Harrison case, and rendered an opinion stating that the Federal Court had no jurisdiction in the matter, and dismissed the case. The Harrison decision resulted in the dismissal of the Brooks case as well.

It appeared that Brooks had exhausted all legal avenues at this point, but on June 16, 1873, he filed another lawsuit against Baxter, this time with the Pulaski County district court. Under Arkansas Civil Code sec. 525, if a person usurps an office or franchise to which he is not entitled, an action at law may be instituted against him either by the State or by the party rightly entitled to the office. On October 8, 1873, Baxter filed a plea of non-jurisdiction, but he believed that the court might decide against him. He issued a telegram to President Grant informing him of the basic situation in Arkansas and asked for federal troops to help him maintain the peace. Grant denied his request.

Baxter and Brooks switch positions

There were rumors that Joseph McClure, the Chief Justice who had sworn him into office, intended to have Baxter either arrested or killed, ostensibly because Baxter had replaced W. W. Wilshire, a Minstrel, with Robert C. Newton, an ex-Confederate, as head of the state militia. U.S. Attorney General Williams contacted Baxter and suggested that he ask for federal troops for protection again. A letter from President Grant followed, offering protection. The Grant administration usually followed Powell Clayton's lead where Arkansas matters were concerned, so it can be concluded that the former governor was still supporting Baxter. The Republican Party of Arkansas, still controlled by the Minstrel faction, issued a statement denouncing Brooks' attempt to contest the election, which was published in the Little Rock Republican on October 8, 1873, and signed by all the major members of the party, including Clayton.

On March 3, 1873, the state legislature passed a bill re-enfranchising ex-Confederates, to the delight of much of the state population and the concern of the Minstrels. The legislature called a special election in November to replace 33 members, mostly Minstrels, who had left for patronage jobs in the Baxter government. Baxter refused to let the Minstrels manipulate the election, declaring that free, honest elections would be held during his term. This was clearly not legal and the veto called into question the legality of the 1868 railroad bonds, which created a public bonded debt.

There were now two militias marching and singing through Little Rock as the city became a battleground. Commanding both forces were ex-Confederate soldiers. Former Brigadier-General James F. Fagan commanded the Brooks men, and Robert C. Newton, a former Colonel, commanded the Hallie Riflers, or Baxter's forces. Baxter's men occupied the downstairs billiards area of the Anthony House and patrolled the cross streets outside. Down the street, the Brooks men patrolled the front of the state house. The front line was Main Street. The postmaster handled the situation by only delivering mail addressed to Brooks or Baxter and holding all mail simply addressed to "Governor of Arkansas".

The Lady Baxter, a cannon on permanent display in front of the Old State House, is the most prominent artifact remaining from the Brooks-Baxter war. The cannon is a Confederate copy of a United States Model 1848 64-pounder siege gun Naval columbiad, designed to fire explosive shells. Originally from a foundry in New Orleans, it was brought to Arkansas in the summer of 1862 by the steamboat "Ponchatrain" and saw action on the Mississippi, White, and Arkansas rivers until it was transferred to Fort Hindman at Arkansas Post. Union forces captured the fort in 1863 but left the cannon behind. It was then brought to Little Rock by Confederates and placed on Hanger Hill overlooking the river to ward off any ships coming upstream, but in this position at least it was never fired. Little Rock was captured in September 1863. Confederates tried to burst the cannon and then, failing that, drove a nail into the touch hole and abandoned it on the shore. It sat there half embedded in the ground until 1874. The Baxter men pulled the cannon out of the soil, repaired it, rechristened it the "Lady Baxter", and made it ready to fire. It was placed in the rear of the Odd Fellows hall, now the Metropolitan Hotel, on the corner of Main and Markham streets to hit any boats bringing supplies for Brooks up the river. The cannon, however, was only fired once, a celebratory blast, when Baxter finally returned to the governor's seat. The war's final casualty was the result of the cannon firing, as the operator was badly injured. It has since been in its current place on brick pedestals in front of the then-state capitol, only briefly threatened by World War II scrap drives.

Overtones of the Civil War and racial conflict were evident. Brooks' men numbered 600 by this time and were all freedmen who supported Republicans as their emancipators. Baxter's forces, all white Democrats, continued to grow steadily during the conflict until they reached nearly 2,000.

Casualty reports vary widely depending on the source; the New York Times of May 30, 1874, gave the following for casualties and fatalities:

{| class="wikitable"

!Army

!Dead

!Wounded

|-

|Baxter militia

|align=right|8

|align=right|13

|-

|Brooks militia

|"about 30"

|"upwards of 40"

|}

Brooks loses favor

On May 3, men claiming to be acting on behalf of Baxter supporters hijacked a train from Memphis, Tennessee, and arrested federal Court Justices John E. Bennett and Elhanan J. Searle, thinking that the Court would be unable to rule without a quorum of Judges. Baxter denied that they were acting under his direction. The Judges were taken to Benton, Arkansas. For several days, their whereabouts were unknown to the public and federal officials began a search for the Justices. Justice Bennett was able to send a letter to Captain Rose demanding to know why they were being held by the Governor of Arkansas. Upon receipt of the letter, troops were sent to Benton to retrieve the two Justices, but they had escaped by May 6 and made their way to Little Rock.

In Washington, Brooks was supported politically, but Baxter also had support because of the undemocratic way he had been removed from office. President Grant had already dealt with the outcome of the contested election for Governor of Louisiana, the Colfax massacre, where federal troops had to be sent to restore order. As Brooks and Baxter scrambled for support in Washington, D.C., Grant pushed for the dispute to be settled in Arkansas. Baxter demanded the General Assembly be called into session. He knew he had their support, but so did Brooks, so he and his men would not allow anyone to enter the capitol building. Brooks, on the other hand, had the support of the district court.

On May 11, Governor Baxter asked the General Assembly to meet in special session, which they did. Apparently, they met "behind Baxter lines" although where that was is not exactly clear. Since the Speaker of the House and President pro tempore of the Senate were both absent, being that they were both Brooks supporters, they were replaced. J. G. Frierson was elected President pro tempore of the Senate and James H. Berry Speaker of the House. They then passed an act calling for a constitutional convention, which Governor Baxter approved on May 18. The act scheduled an election for the last day of June and appointed delegates from the counties of Arkansas.

Poland Committee

The Poland Committee was a congressional committee established by the U.S. House of Representatives to investigate the situation in Arkansas in the aftermath of the Brooks–Baxter War. It was chaired by Representative Luke P. Poland of Vermont. The committee consisted of three Republicans (Poland, Henry Scudder of New York, and Jasper D. Ward of Illinois) and two Democrats (Representatives Milton Sayler of Ohio and Joseph Sloss of Alabama)

The committee was charged with investigating matters in Arkansas to ascertain whether there was such a republican form of government there as the United States should recognize. Over the course of its investigation, the committee held two hearings in Washington DC. Winthrop became governor while his brother Nelson was governor of New York, while the defeat of Johnson in Arkansas and William M. Rainach in Louisiana ended the once mighty hold of segregation over politics.

See also

  • List of coups and coup attempts by country
  • 1899 Kentucky gubernatorial election

References

Footnotes

Citations

Sources

Further reading

  • American Annual Cyclopedia...for 1873 (1879) pp 34–36 online
  • Atkinson, James H. "The Brooks-Baxter Contest", Arkansas Historical Quarterly 4 (1945): 124–49.in JSTOR
  • DeBlack, Thomas A. With Fire and Sword, Arkansas, 1861-1874 (University of Arkansas Press, 2003)
  • Gillette, William. Retreat from Reconstruction, 1869-1879 (LSU Press, 1982). pp 146–50.
  • Kraemer, Michael William. "Divisions Between Arkansans in the Brooks-Baxter War." (U of Kentucky Graduate Thesis, 2012). online
  • Moneyhon, Carl H. "Powell Clayton (1833–1914)" in Encyclopedia of Arkansas online
  • Moneyhon, Carl H. "Baxter, Elisha" in American National Biography Online Feb. 2000
  • Staples, Thomas S. Reconstruction in Arkansas (New York: Longmans, Green & Co,1923)
  • Thompson, George H. Arkansas and Reconstruction: The Influence of Geography, Economics, and Personality (1976),
  • Woodward, Earl F. "The Brooks and Baxter War in Arkansas, 1872-1874", Arkansas Historical Quarterly 1971 30(4): 315-336 in JSTOR

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  • Brooks-Baxter War telegrams, 1874 at the Arkansas State Archives

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