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 carpetbaggers, and the Brindle-tails, 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 was a harbinger of the future voting irregularities that eventually led to the Brooks-Baxter conflict.
Clayton administration
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.
In July 1868, Arkansas rejoined the Union and Clayton was inaugurated governor. The new general assembly had already begun meeting in April, but had been unable to do anything other than prepare legislation for the time when the state was readmitted. The prior governor, Isaac Murphy, whose administration was not recognized by the federal government, continued to act as executive of the state during this time. Both Clayton and Murphy managed to draw a paycheck as governor at the same time. When Clayton took office, he appointed most of the key Republican politicians to positions within the new state government; however, he failed to find a place for Joseph Brooks.
Rivalry between Brooks and Clayton predated the 1868 election. Clayton saw Brooks as his strongest competitor for preference and distinction and did not want him to become too entrenched with the party leadership. Brooks felt that his ability and service to the party were not being recognized or appreciated, and he grew bitter and resentful of the other Republicans, including Clayton.
Democrats, calling themselves "Conservatives," strongly opposed granting freedmen voting rights, viewing it as an overreach of the 14th Amendment. Their resistance stemmed from a perceived threat to political power and social order. Frustration grew as they had to pay taxes for infrastructure while still being disenfranchised, fueling opposition to Radical policies.
Violence soon erupted throughout the state. Former Confederate Army officers in nearby Memphis, Tennessee, formed the Ku Klux Klan to fight against the new order. The Klan quickly spread into Arkansas. Republican officials, including Congressmen James Hinds, were attacked, as were black citizens seeking to exercise their new civil rights. Hinds and Brooks were ambushed by gunmen on the road in Monroe County, while traveling to a political event. Brooks was severely wounded and Hinds was killed. Hinds was the first sitting member of congress to ever be murdered, and his murder created national disgust for the ongoing political violence in the South. A coroner's inquest identified a local Democratic official and suspected Ku Klux Klansman as the killer. Most contemporaries blamed the Klan, which had threatened to kill Hinds and was actively killing and assaulting other Republicans. Reflecting the times, no-one was ever arrested for the murder. As more violence spread throughout the state, Clayton declared martial law in 14 counties.
Many Democratic newspapers denied the existence of the secretive Ku Klux Klan while still reporting on the violence. 20th-century research shows the Klan was responsible for most of the violence in the state at this time. A state militia was organized to put down the violence, although it was poorly equipped. With no uniforms and irregular weapons and mounts, the militia was often mistaken for wandering bands of plunderers, sparking a brief but long-remembered "Militia War", and causing terror throughout the state. This was similar to what was going on in North Carolina at the same time, now referred to as the Kirk–Holden war.
Fearing he could not guarantee the integrity of the polling places, Clayton canceled fall elections in counties where political violence had broken out. In doing so, however, he further reduced the Democratic vote, and the state ended up supporting the election of President Grant, the Republican candidate, despite the population being mostly Democratic.
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.
Introducing more taxes proved to be hugely unpopular among both Democrats and Republicans, and the people of the state were not generally prosperous. Bond issues generated controversy and were the source of scandals in the administration. All of the old railroad and infrastructure bonds, including the controversial Holford bonds which had already been declared illegal by the Arkansas Supreme Court, were gathered into a funding act and passed by the legislature. Many bonds were issued for roads and railroads that were never built, or were constructed and then torn up and rebuilt in another direction. Some projects even received the same amount of funding from different bonds, such as embankments built for railroads where roads were funded to be built by a different bond. One of the most controversial bonds involved the purchase of slate for a state penitentiary roof, which was diverted for the construction of a mansion of a Republican official J. L. Hodges, who eventually served jail time for the incident. Promissory notes, or scrip, were issued to raise money. The money was used for construction projects, and invested in public infrastructure. Article VI, Sec 10 of the new constitution stated that the credit of the state could not be loaned without the consent of the voters, making these promissory notes illegal. Their introduction also caused actual currency to go out of circulation.
The Radical Republican state initiatives included levees and railroads. Arkansas' first public school system was created. The administration and its supporters established Arkansas Industrial University, the basis for the future University of Arkansas in Fayetteville; what would become the Arkansas School for the Deaf; and the Arkansas School for the Blind, which relocated from Arkadelphia to Little Rock. However, state debt increased dramatically. The state had a budget surplus when Clayton came to office, but by the end of his term, the state debt had increased to $5 million.