Columnists

The first session

Tomorrow is the 195th anniversary of the first meeting of the Arkansas legislature. Like so much of our political history, creating the government for the new Territory of Arkansas involved more than a little chicanery and set the stage for much contention over the next two centuries.

On March 2, 1819, Congress adopted legislation creating the "Territory of Arkansaw," with the seat of justice being "the Post of Arkansaw, on the Arkansaw river." (Interestingly, in one instance the bill used the "sas" spelling.) The boundaries of the new territory included much of modern Oklahoma, which was later lost to Indian Territory. Not included in the new territory were two counties in Missouri Territory, thus creating a jog in our northern boundary--which 19th-Century historian Fay Hempstead attributed to "men of influence who preferred to remain in Missouri . . ."

The legislation was to take effect on July 4th of the same year. This did not leave much time for President James Monroe to appoint the territorial officials and get them to Arkansas within four months.

Monroe named General James Miller of New Hampshire as territorial governor, a man described by the late historian Margaret Ross as "still gathering the fruits of his heroism at Lundy's Lane during the War of 1812." Robert Crittenden, the 22-year-old scion of a family political dynasty from Kentucky, was appointed territorial secretary. President Monroe's appointments to the three-member territorial superior court were Robert P. Letcher of Kentucky, Charles Jouett of Michigan, and Andrew Scott of Missouri. These five officials constituted the first legislative body in Arkansas territory. Not a single resident Arkansan received an appointment, causing considerable resentment among the "old settlers."

The only official to make it to Arkansas by the start date of July 4th was Andrew Scott--a man overlooked by history but deserving of better. Margaret Ross wrote that the 130-pound Scott had "a quick, violent temper that only a man twice his size could afford." Scott demonstrated his commitment by moving his family to Arkansas Post.

The tardiest of the officials was Governor Miller, who did not reach Arkansas until Dec. 26, 1819, fully six months late. This was due in part to Miller's insistence on making a triumphal tour of his journey to Arkansas. For fully 70 days Miller's 20-member retinue traveled down the Ohio and Mississippi Rivers in a special barge emblazoned with the name "Arkansas," making stops along the way where "veterans of the War of 1812 could see a genuine war hero."

Miller cared little for politics, much preferring the pomp and circumstance of military service. Territorial Secretary Robert Crittenden, however, was a very different man. Crittenden, who arrived in Arkansas in late July, used the governor's absence to proceed with organizing the state--and in the process created a powerful political base almost instantaneously.

With the governor nowhere in sight, on July 28th Crittenden, as acting governor, convened the officials into a legislative session at Arkansas Post. Over the next three weeks the group adopted a framework for state and county governments, established a judicial system, appropriated funds to carry out the work of the nascent government, and provided that the laws of Missouri territory would continue in force unless found "repugnant."

Crittenden moved quickly to fill all county and judicial offices with his allies, thus creating the first political machine in Arkansas. Perhaps this emboldened Crittenden to declare on Oct. 20th that Arkansas was ready for elections, including a delegate to Congress. Upon his belated arrival, Governor Miller found himself essentially irrelevant. Perhaps that is why he spent most of his tenure out of state. Both superior court judges Jouett and Letcher detested Arkansas, and, as Margaret Ross has written, as soon as the legislative session ended, "departed for Kentucky, never to return to Arkansas but slow to resign their offices."

Among the bills adopted by the first legislature was a provision to move prisoners from the Arkansas County jail due to it being "unsafe and unfit for the confinement of the said prisoners." It seems Arkansas has been grappling with the adequacy of its jails from the very conception of the state!

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Tom Dillard is a historian and retired archivist living in rural Hot Spring County. Email him at Arktopia.td@gmail.com.

Editorial on 07/27/2014

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