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CHAPTER XII

Previous to my resolve to settle in the South I had read and learned much of politics and politicians; the first as being environed by abnormal conditions unstable and disquieting – the class that had established and controlled the economy of the Southern States; had been deposed in the wage of sanguinary battle on many well contested fields – deposed by an opponent equally brave, and of unlimited resources; defeated, but unsubdued in the strength of conviction in the rightfulness of their cause. A submission of the hand but not of the heart. New constitutions granting all born beneath the flag equality of citizenship and laws in unison adopted, and new officers alien to local feeling were the executors.

It is unnecessary here to remark that if a succession of love feasts had been anticipated, they had been indefinitely postponed.

For the officers of the new system were by their whilom predecessors ordered to go "nor stand upon the order of their going," the bullet at times conveying the order. Assassinations, lynchings, and reprisals by both parties to the feud were of daily occurrence. The future for life, liberty, and pursuit of happiness in busy city or sylvan grove, was not alluring. My subsequent career makes it necessary for me to arise to explain. Taking at the time a calm survey of the situation, an addition to the column of martyrs seemed to me unnecessary. I believed in the principles of the Republican party and as a private I was willing to vote, work, and be slightly crippled; but had not reached the bleeding and dying point. With such conclusions I resolved to come, and confine myself to the pursuit of my profession and give politics a "terrible letting alone." Oh, if abandoned resolutions were a marketable commodity, what emporium sufficiently capacious and who competent to classify!

The organization of the Republican party of Arkansas was on the eve of disruption. Its headquarters were in the building and over the law office of Benjamin & Barnes, with whom I was reading. Violent disputes as to party policy, leadership, and the distribution of the plums of office were of frequent occurrence. I very distinctly remember the day when the climax was reached and "the parting of the ways" determined. The adherents of Senator Clayton and the State administration on the one part, and Joseph Brooks and his followers on the other, coming down the stairs – some with compressed lip and flashing eye, others as petulant as the children who say: "I don't want to play in your yard; I don't like you any more." It was the beginning of the overt act that extinguished Republican rule in Arkansas. The factions led by Powell Clayton and Joseph Brooks, respectively, were known as the "Minstrels" and "Brindle Tails."

Incongruity, being the prevailing force, possibly accounted for the contrary character of the names, for there was little euphony in the minstrelsy of the one or a monopoly of brindle appearance in the other, for each faction's contingent, were about equally spotted with the sons of Ham. My friends, Benjamin & Barnes, were prominent as Brindles, and I, being to an extent a novice in the politics of the State, in a position to hear much of the wickedness of the Minstrels and but little of the "piper's lay" in his own behalf, fidelity to my friends, appalled at the alleged infamy of the other fellows, susceptible to encomiums which flattered ambition, I became a Brindle, and an active politician minus a lawyer.

In 1873 I was appointed County Attorney for Pulaski, and after a few months' service resigned to assume the office of Municipal Judge of the City of Little Rock, to which I had been elected. I highly appreciated this, as exceedingly complimentary from a population of 16,000, a large majority of which were not of my race. I entered upon and performed the duties of the office until some time after the culmination of the Brooks and Baxter war in the State. It having been announced that I was the first of my race elected to such an office in the United States, it was not without trepidation that I assumed the duties that the confidence of my fellow citizens had imposed upon me for the novelty of such an administration attracted attention.

A judge who has to deal with and inflict penalties for violation of law consequent upon the frailties and vices of mankind encounters much to soften or harden his humanity, which may have remained normal but for such contact. His sworn duty to administer the law as he finds it often conflicts with a sense of justice implanted in the human soul, of which the law, imperfect man has devised is often the imperfect vehicle for his guidance; but nevertheless to which his allegiance must be paramount, even when attempting to temper justice with mercy.

Nowhere is so plainly presented as many of the various lights and shadows of human character. Love and faithlessness, sincerity and deceit, nobility and dishonor, kindness and ingratitude, morality and vice – all the virtues and their antitheses take their place at the bar of the court of justice and await the verdict, while truth and deception strive for conquest; an honest son of toil arrested in a den of infamy whither he has been decoyed and his week's earnings filched; his wife in tears before you; the clash of prejudice when the parties litigant were of opposite races; the favorable expectation of the rich, prominent, and influential when confronted by the poor and lowly; humble and conscientious innocence appalled when rigid law would mulct them in fine and imprisonment; the high and the haughty incensed at discharge of the obscure and indigent. In cases slight, where the justice of leniency was apparent and yet the mandates of the law had to be enforced, I would pronounce the penalty and suspend the fine during good behavior. But if the culprit returned, mercy was absent.

An incident in relation to the suspension of the fine will show that I did to others as I would have others do to me: A member of the court was at times irritable and vexatious. During a session there was a misunderstanding, which, upon adjournment, growing in intensity, resulted in my committing an assault. The chasm, however, was soon bridged with mutual pledges. Nevertheless I requested the chief of police to have charge entered upon docket, to come up at next session of court, whereupon the judge, after expressing regret that the law had been violated, fined Citizen Gibbs and suspended the fine during good behavior, and, as the citizen was not again arraigned, it may be presumed that his conduct was reasonably good, however doubtful may be the presumption.

I was fortunate in having the confidence of the community, always an important adjunct to the bench, for it is not always that the executor of the law has to deal with the humble of no repute. An old resident, wealthy and prominent, was arrested and was to appear before me for trial. During the interim it was several times suggested to me in a friendly way that I had better give the case a letting alone by dismissal, as it would probably be personally dangerous to enforce the law, as he was known to be impulsive and at times violent. I heard the case, which had aggravated features, together with resisting and assaulting an officer, and imposed the highest penalty provided by law. Those who had thought that such action would give offence little knew the man. It being the last case on the docket for the day, descending from the bench and passing, I saluted him, which he pleasantly returned, without a murmur as to the justice of the fine. Subsequently, on several occasions, he placed me under obligations to him for favors. Personally, insignificant as I may have been to him, he recognized in me for the time being a custodian of the majesty of the law, which he knew he had violated. When it shall happen as a rule and not as the exception that men will esteem, applaud and sustain the honest administration of the law, irrespective of the administrator, a great step will have been taken toward a better conservation of constitutional liberty. In Arkansas the political cauldron continued to boil. In Powell Clayton were strongly marked the elements of leadership, fidelity to friends, oratorical power, honesty of purpose, courage of conviction, with unflinching determination to enforce them. The late Joseph Brooks, an ex-minister of the Methodist Church, and who secularized as a politician, was an orator to be reckoned with. Sincere, scathing, and impressive, his following was large and devoted. Senator Clayton, the present Ambassador to Mexico, has outlived the political bitterness that so long assailed him, and was lately guest of reception and banquet given him and largely attended by Democrats, chiefly his political opponents.

The divided Republicans held their State convention in 1872. The Clayton faction (the Minstrels) had for their nominee Elisha Baxter, a North Carolinian by birth, and hence to the Southern manor born. This, is was premised, would bring strength to the ticket. Joseph Brooks was the nominee of the Brindle wing of the party, and a battle royal was on. Although a minority of Democrats respectable in number joined the Brooks faction, the majority stood off with wish for "plague on both your houses," and awaited the issue. It was in my first of twenty-eight years of recurrent canvassing. Many districts of the State at that time being destitute of contact by railroads, made wagon and buggy travel a necessity.

After nominations were made for the various State officers in convention, appointments were made and printed notices posted and read at church and schoolhouse neighborhoods, that there would be "speaking" at stated points.

The speakers, with teams and literature and other ammunition of political warfare known and "spiritually" relished by the faithful, would start at early morn from their respective headquarters on a tour of one or two hundred miles, filling ten or twenty appointments. Good judgment was necessary in the personal and peculiar fitness of the advocate. For he that could by historic illustration and gems of logic carry conviction in a cultured city would be "wasting his sweetness on the desert air" in the rural surroundings of the cabins of the lowly. I have heard a point most crudely stated, followed by an apposite illustrative anecdote, by a plantation orator silence the more profuse cultured and eloquent opponent.

As he was still at his lesson on the duties and responsibilities of citizenship, it was a study worthy the pencil of a Hogarth to watch the play of lineament of feature, while gleaning high ideals of citizenship and civil liberty amid the clash of debate of political opponents; cheerful acquiescence, cloudy doubt, hilarious belief, intricate perplexity, and want of comprehension by turns impressed the countenance. But trustful in the sheet anchor of liberty, they were worthy students, who strove to merit the great benignity. Canvassing was not without its humorous phases during the perilous times of reconstruction. The meetings, often in the woods adjoining church or schoolhouse, were generally at a late hour, the men having to care for their stock, get supper, and come often several miles; hence it was not unusual for proceedings to be at their height at midnight. I was at such a gathering in the lower part of the State, where Jack Agery, a noted plantation orator, was holding forth, denouncing the Democracy and rallying the faithful. He was a man of great natural ability and bristling with pithy anecdote. From a rude platform half a dozen candles flickered a weird and unsteady glare. Agery as a spellbinder was at his best, when a hushed whisper, growing into a general alarm, announced that members of the Ku Klux, an organization noted for the assassination of Republicans, were coming. Agery, a born leader, in commanding tones, told the meeting to be seated and do as he bid them. The Ku Klux, disguised and pistol belted, very soon appeared, but not before Agery had given out, and they were singing with fervor that good old hymn "Amazing Grace, How Sweet It Sounds to Save a Wretch Like Me." The visitors stood till the verse was ended, when Agery, self-controlled, called on Brother Primus to next lead in prayer.

Brother P. was soon hammering the bench and calling on the Lord to come on His "white horse, and to come this very minute." "Oh," said the chief of the night riders, "this is only a nigger prayer meeting. Come, let us go." Scouts were sent out and kept out to see that "distance lent enchantment to the view," and the political feature of the meeting was resumed.

The Negro is not without many of the prominent characteristics of the successful politician. He is aggressive, conservative, and astute, as occasion demands. Of the latter trait Hon. John Allen, ex-member of Congress from Mississippi, and said to have been the prince of story tellers, at his own expense gives this amusing incident. It was on the occasion of the Carmack-Patterson contested election case. In beginning his speech he called attention to Mr. Patterson's remarks. "Did any of you," he said, "ever hear anyone pronounce a more beautiful eulogy on himself than that just pronounced by Josiah Patterson? In listening to it I was reminded of what my friend Jake Cummings once said about me. It was in the great campaign of 1884. The Cleveland-Hendricks-Allen Club at Tupelo had a meeting, and Mr. Taylor and Mr. Anderson spoke to the club that night. As I chanced to be at home from my campaigning, I attended the club meeting. After the regular speakers I was called for and submitted some remarks about myself and my campaign. After I had spoken the crowd called for Jake Cummings, a long, black, slick old Negro carpenter, who lives in Tupelo. Jake's speech ran about this way: "Well, gentlemen, it's gettin' kinder late now. I don't know as it's necessary for me to say anything. You's heerd Mister Taylor and Mister Allen on the general politics of the day. They's dun told you what sort of man Blaine is, and what sort of a man Cleveland is. It don't look to me like no honest man ought to have trouble in picking out the fittinest man of them two. And then you's heerd Mister Allen on hisself, and he has ricommended hisself so much higher than any the rest of us kin ricommend him it ain't worth while for me to say nuthin' about him.""

CHAPTER XIII

There is at present a lowering cloud on prospect of righteous rule in many of the Southern States, but the relative rights and responsibilities of equitable government, enunciated from desk in church, schoolhouse, or from stump in grove by the Republicans during and since reconstruction, have been an education to the poor whites, hitherto ignorant and in complete political thraldom to the landed class, and to the freedman a new gospel, whose conception was necessarily limited to his rights as a newly-fledged citizen. Nevertheless, they were the live kernels of equality before the law, that still "have their silent undergrowth," inducing a manhood and patriotism that is now and will more and more blossom with national blessing. Friends regretfully and foes despairingly sometimes speak of the tardiness of his progress. He will compare favorably, however, for all history records that it is slowly, through the crucible of physical and mental toiling, that races pass to an elevated status. For of serfs he was not the least in his appreciation of liberty.

Sir Walter Scott, in his note on English history during the reign of George III, of the "colliers and salters, who were not Negroes," says: "The persons engaged in these occupations were at the time bondsmen, and in case they left the ground of the farms to which they belonged, and as pertaining to which their services were bought and sold, they were liable to be brought back by a summary process. The existence of this species of slavery being thought irreconcilable with the spirit of liberty, the colliers and salters were declared free, and put on the same footing with other servants by the act of George III. But they were so far from desiring or prizing the blessing conferred on them that they esteemed the interest taken in their freedom to be a mere decree on the part of the proprietors to get rid of what they called "head or harigold money" payable to them when a female of their number, by bearing a child, made an addition to the live stock of their master's property."

If the fitness for liberty is the measure of persecution sustained in an effort for its enjoyment, of that disciplinary process the freedmen have not been deprived, for ever since his maiden attempt to exercise the right of an American citizen he has encountered intense opposition and physical outrage, all of which has been met by non-resistance and manly appeal to the American conscience for protection; first from the "Ku Klux band" of murderers, and subsequently against the vicious practices to deprive him of his political rights, should establish his claim. Nevertheless, after a third of a century of successful endeavor, educationally and materially, efforts are being made in Southern States for his disfranchisement and the curtailment of his education. On this attempt George C. Lorimer, a noted divine and writer, in a late article in "The Watchman," under the head of "The Educational Solution of Race Problems," has this to say:

"But may it not be that this reactionary movement rather expresses a fear of education than a serious doubt of its power? We must remember that conditions are peculiar in the South, and, in some quarters, there exists a not unnatural apprehension that Negro supremacy may prevail. To avert this political catastrophe, extraordinary measures have been adopted. To the difficulties that beset the Southern people we cannot be indifferent, and neither should we assume that we would act very differently, were we similarly situated. But we think, in view of all the circumstances, that their position on this subject exposes them to the suspicion that it is the success of education they fear, and not its failure. This apparent misgiving reasonably awakens distrust in the soundness of their contention."

It is assumed by many who oppose the educational solution that inferior races are unassimilable in their nature to the higher civilization. Proof is sought for in the alleged decadence or disappearance of the Turanian people of Europe, the natives of South America, and the West India Islands. But what is this civilization that is so fatal in its operation? What do we mean by the term? What is that exalted something before which African and Asiatic must perish? Does it consist in armies, machinery, saloons, breweries, railways, steamboats, and certain commercial methods that are fatal to truth and honesty. Baron Russell, Lord Chief Justice of England, included none of these in his conception of its character. He is recorded as saying: "It's true, signs are thoughts for the poor and suffering, chivalrous regard and respect for women, the frank recognition of human brotherhood, irrespective of race or color, or nation or religion; the narrowing of the domain of mere force as a governing factor in the world, the love of ordered freedom, abhorrence of what is mean and cruel and vile, ceaseless devotion to the claims of justice. Civilization in its true, its highest sense, must make for peace."

Previous to the National Convention which nominated General Grant for a second term, there had been held a conference of colored leaders, who assembled at New Orleans to elicit opinion and divine the probable course of the colored delegates at that convention. It was there I first met that faithful, able, and invincible champion of the race, Governor P. B. S. Pinchback and Captain James Lewis, my fellow-member of the "Old Guard," who, true in peace as war, never surrendered. The conference, though not great numerically, was strong in its mental calibre and representative character, with Douglas, Langston, Cuney, and others who have since passed to the great beyond. The colored office holders at Washington under Grant were much in evidence and naturally eager for his endorsement.

There was much discussion, and while an ardent advocate for Brooks, I could not follow his supporters – the Brindle wing of the party in my State – in their choice of Horace Greely for President. My slogan in the State canvass had been Grant for President and Brooks for Governor. The wisdom of the conference determined upon a non-committal policy. It was thought unwise, in our peculiar condition, to hasten to proclaim in advance of the gathered wisdom of such an august body as a National Convention. Hence, the conference concluded by setting forth by resolutions, grievances, and a reaffirmation of fealty to the Republican party.

The result of the State election in Arkansas in 1872 was that Brooks got the votes and Baxter the office, whereupon a contest was inaugurated, terminating in civil war. The Baxter, or Minstrel, wing of the party, with the view of spiking the guns of the Brindles, had, in their overtures to the Democrats during the campaign and in their platform at the nominating convention declared in favor of enfranchising the Confederates that took part in the war against the Union. Baxter's movement in that direction and his appointment of Democrats to office created discontent in both wings of the Republican party, leading to their union and determined steps for his removal and the seating of Brooks, who, both factions now declared, was elected. The doctrine of estoppel "cutting no figure" with the Baxter contingent. A writ of ouster was obtained from Judge Vicoff, of the Circuit Court, which Sheriff Oliver, accompanied by Joseph Brooks, J. L. Hodges, General Catterson, and one or two others, including the writer, proceeding to the State House and made service.

No notice of such action having preceded, Governor Baxter was ill-prepared for the announcement. After a short parley with his private secretary, General McCanany, escorted by the Sheriff and General Catterson down the stairway, they were met by Hon. J. N. Smithea, the able editor of the "Arkansas Gazette." Leaving the building, they went direct to the Antony House, on East Markam Street. Word was sent to A. H. Garland, U. B. Rose, R. C. Newton, and other prominent Democrats, who soon joined him in consultation. Governor Baxter immediately notified President Grant of the situation and sent instructions to the custodian of State arms at the U. S. Arsenal to honor none but his order for delivery. Joseph Brooks was sworn in, and the two Governors made immediate preparations for siege and defence. Main Street south from the river to the boundary line of the city was the dividing line of the two factions. Governor Baxter to the east on Markam Street, and Governor Brooks, at the Antony House, to west; at the State House established their respective quarters.

A condition of unrest had pervaded the State for several months preceding this event, and when the slogan of war was sounded the respective adherents by hundreds from all over the State hastened to the capital. On the morning following the "coup d'etat" a report reached the State House that a company of colored men, commanded by Gen. King White, from Pine Bluff, had arrived and was quartered on Rock Street. On the assumption that the men were misinformed as to the merits of the quarrel, it was proposed that they be interviewed. To do that was to cross the line and enter the enemy's territory. It was not unlike the query of the rats in the fable, Who shall bell the cat? I was solicited, and, learning I had friends in the company, consented to go. Going south on Center Street to cross the line by a circuitous route, I reached Rock Street, and nearly the rendezvous. But the "best laid plans of men and mice oft gang a glee." The emissary had been discovered and reported. Approaching me at a rapid rate, mounted on a charger which seemed to me the largest, with an artillery of pistols peeping from holsters, rode General George L. Bashman, of the Baxter forces. Reining up his steed he said, not unkindly: "Judge Gibbs, I am instructed to order you to leave the lines immediately, or subject yourself to arrest." As formerly intimated, and not unlike Artemus Ward, I was willing that all my wife's relatives might participate in the glories and mishaps of war. Hence I bowed a submissive acquiescence and returned. I appreciated the amity expressed in the manner and delivery of the order – an amity of which I have been the recipient from my political opponents during the thirty years of my domicile in Arkansas.

General Rose, who held command at the Arsenal, and had received instructions from Washington to keep peace pending a settlement of the controversy, with a detail of soldiers, had erected a barricade opposite the City Hall on Markam Street and placed a piece of artillery on Louisiana Street, pointing to the river. In the afternoon of their arrival, General White's troops, headed by a brass band, marched on Markam Street to the Antony House. While so doing a report became current that they were preparing to attack the State House. General Rose attempted to investigate and, with his orderly, rode rapidly on Markam Street, across Main, toward the Antony House. At the moment a shot, increasing into volleys, from combatants on either side, who primarily were the aggressors was never known. It resulted in several casualties. Colonel Shall was killed in the Antony House, and others within the precincts of the City Hall and Metropolitan Hotel. Markam Street suddenly assumed a Sunday-like appearance, the Brooksites seeking safety in the State House and the Baxterites in the Antony. The feet of General White's troops fought bravely. Three hours later it was announced that they had made the fifty miles to Pine Bluff without a break, windless, but happy. Each faction was deficient in arms to equip their adherents. A company of cadets from St. John's College had been placed at the service of Baxter.

At the State University at Fayettville were stored rifles and ammunition, the property of the State. Thither Col. A. S. Fowler, of the Brooks forces, proceeded, and, with courage and diplomacy, succeeded in obtaining and placing a supply on a flat boat, and commenced his trip down the river. Information of this movement having reached the Antony House, the river steamer Hallie, with a detachment of Baxter forces, was dispatched up the river to intercept, and succeeded in passing the State House without interference. The circuitous character of the river enabled a company from the State House, by quick march, to overhaul it at a bend of the river, a fusillade of whose rifle shots killed the captain, wounded several others, and disabled the steamer, which was captured and brought back to the State House. A restless quiet then ensued, occasionally broken by random shots.

In the meantime Governor Baxter had called an extraordinary session of his legislative adherents, vacancies of recalcitrant Republicans filled, the Brooks government denounced, and an appeal to the President for support. All the records and appurtenances of the Secretary of State's office, including the great seal of the State, were in possession of Brooks at the State House. Information that a duplicate had been made in St. Louis and was en route to the Antony House was received, whereupon General D. P. Upham made application for a search warrant to intercept it, a copy of which is as follows:

"I, D. P. Upham, do solemnly swear that one Elisha Baxter and his co-conspirators have ordered and caused to be made, as I am informed, a counterfeit of the great seal of the State of Arkansas, and that the same is now or soon will be in the express office of the city of Little Rock, as I am informed, and that the same is intended for the purpose of defrauding, counterfeiting, and forging the great seal of the State of Arkansas by the paid Elisha Baxter and his co-conspirators, and to use the same for illegal and fraudulent purposes, against the peace and dignity of the State of Arkansas, and I ask that a search warrant may issue forthwith, according to law, to search for and seize said counterfeit seal, wherever or in whomsoever possession it may be found.

"(Signed.) D. P. UPHAM.

"Subscribed and sworn to before me this 1st day of May, 1874.

M. W. GIBBS,

"City Judge."

The warrant was duly served and return made, with the seal. Baxter, having now ignored the men who placed him in power, called around him as supporters and advisers the brain and strength of the Democratic party. Meanwhile each party had representatives in Washington, urging their claims for recognition. As a party, the Republicans were at a disadvantage. When Brooks, being elected, was contesting Baxter's right to the Governorship, Baxter was supported by the leading and most prominent republicans of the State, who swore "by all the gods at once" that he and not Brooks was elected; but now they swore at once at all opposing gods, who said that Baxter was.

A committee of Brooks men, of whom the writer was one, was sent to Washington to present the claims and conditions to the President. When the train, en route, stopped at Alexandria a gentleman came hurriedly in and, accosting another, said: "What do you think? Grant has recognized Baxter." I did not learn the thought or hear the response, being possessed immediately by a feeling not unlike the boy whose "piece of bread and butter falls with the butter side down." We pursued our way to Washington to find the report true. We called at the White House several times, but the engagements of the President prevented an interview. Late of an afternoon, sitting in my room on I Street, I saw the President approaching slowly and alone. I put on my hat, and was soon with him, and, with becoming salute, addressed him. General Grant, who was ever accessible to the most humble, attentively listened, as we walked, to my brief statement of our case. He replied that his sympathies were with us, for he believed that Brooks was elected; but that his Attorney General had given an opinion that the people, through the expression of their last Legislature, had endorsed Baxter, and that he must acquiesce.