Jeff Davis, governor and United States senator; his life and speeches, with personal reminiscences

CHAPTER TWELVE 227 Memorial Addresses in the United States Senate

APPENDIX 251

Davis's Anti-Trust Bill.

INTRODUCTORY

OLDER myself by some six years, my acquaintance with Jeff Davis rmis back to about the year 1877 or 1878, speaking from memory. He was an applicant for a scholarship to West Point, and was attending an examination being held at Ozark, my native town. Amongst other applicants was DeRosey Cabell, now stationed at Washington, an officer in the regular army. Young Davis missed the goal, his only defeat, until death, January 2, 1913. It seems that his rival outranked him in the matter of orthography, whatever value orthography may be to a soldier. One of the words which j^oung Davis missed was ''separate." He spelled it "seperate." There were some others, but I do not recall them. In a talk wdth Senator Davis during Christmas week last, he recalled the event, as we stood near the spot where the examination was conducted.

After going over the circumstances in connection with his subsequent career, I ventured to remark that General Jackson is reported to have observed mth some emphasis when his orthography was once under examination, ''I would not

give a d for a man who can not spell more than one way."

Bat if my observation gave Senator Davis any comfort he did not manifest it.

As we strolled along, finding our way leading along a ledge of rock in the outskirts of the town, indicating his wish to sit, he turned thoughtfully to me and said:

''Judge, what if I had been promoted to West Point?"

Jocularly I rejoined, seeing the reminiscence of his mood, ''God always takes care of — "

"A fool," said he.

"Yes," said I, "but you must allow me to remind you that it requires great wisdom to connote the fact." Senator Davis always numbered DeRosey Cabell as among his friends; and during the late campaigns of our army in the Philippines Colonel Cabell expressed to Senator Davis one of their native hats, a picturesque head-piece, with his compliments.

From the period above indicated, Jeff Davis and myself were fast friends.

I do not know the years in which he attended the Arkansas State University, nor the time of his attendance upon the law department of Vanderbilt University at Nashville. He and his friend, Thomas A. Pettigrew, now a prominent lawyer at Charleston, Ark., went out in company, the former to Vanderbilt and the latter to Cumberland, at Lebanon. Out of Memphis they took a train which carried them some miles in a wrong direction, when a good-natured conductor allowed them to disembark. They walked, counting ties and carrying hand-bags, back to the Memphis depot. I have heard both of the gentlemen laugh and cajole each other about the incident, but they could not definitely locate the blame. Senator Davis \4ewed the experience as valuable, noting the fact that he had since that time counted ties more than once. Really, he was an expert, as I myself happen to know; for, whenever in his political campaigns it became imperative, he did not hesitate to harness a hand-car, with all hands, to make an appointment, or to walk the track, if that was the only alternative. He did not miss an engagement, political or otherwise.

He was licensed to practice law at the age of nineteen, his ''disabilities being removed," as was the practice at that early time. His home town, Russellville, being then in the same circuit, the old Fifth, with Ozark, his father. Judge L. W. Davis, then prominent at the bar, escorted the son to Ozark, where the court was in session. Judge Davis, a big, noble, jolly, gentle, generous man, loved young men; and for some years had paternally hovered the writer, then a young and briefless attorney, as doth a hen her brood ; and that love was returned.

Judge Davis and the son did the writer the honor to associate him mth Judge William W. Mansfield, to draw the petition and conduct the examination. My recollection is that Jeff Davis passed a creditable examination. Pie was a good lawyer from the start; not of the purely literary sort, but born such; while he knew the text far better than many who rank as "best at the bar." After the examination, the report made and the order admitting the son, Judge Davis showed his just pride. The boy was a little demure, due somewhat, I think, to mixed excitement and dignity, in his new honors. Judge Davis invited the bar, including the presiding judge, and some lay friends, and we drank lemonade with him.

Judge Davis kept all hands convulsed. Judge Mansfield, though of somewhat serious turn, had a fund of real humor. Both of these distinguished gentlemen had much fun at Jeff's expense; yet he held his own with them fairly well, considering. I remember Judge Mansfield, with mock seriousness, asked Judge Davis what would "now be the style of the firm?" and Judge Davis's reply, soto voce, "JEFF DAVTS

& FATHER. ' ' While the lemonade was being served, Judge Davis did not seem to know the use of the straw, then coming into use, for sipping the liquid. He asked Jeff to explain it, and, as the latter got near his father, showing the use of the straw, the father innocently blew a lot of the contents into his face and over his only shirt front, and then there was much laughter at Jeff's expense.

The upshot of it was finally, however, Jeff turned the tables. For an hour later he bloomed out with one of his father's shirts, the only one in his hand-bag, and much too large for Jeff; but all hands agreed that the joke was on the kindly judge.

Jeff Davis entered at once upon a lucrative practice at Russellville, in partnership with his father; latterly, with Judge J. G. Wallace, a third member. Elected Prosecuting Attorney, twice in succession, Jeff Davis became a terror to evil-doers. Always full of human sympathy for the erring, still he went with shovel and tongs when duty demanded; particularly was he severe when moral turpitude was flagrant ; he was unrelenting in prosecutions for violations of liquor and arms-carrying laws.

I shall not attempt to review his career in detail; it is too well known; besides, the work of the author, Mr. Dunaway, will prove far more accurate and interesting, that being his especial gift ; I speak in a general way, from present memory.

His political career, proper, opened with his election to the office of Attorney General. During that period, the writer was in his company much. Part of the time he maintained sleeping apartments in his office, his family being still at Russellville. Jeff Davis gave his best efforts to the duties of that office; and it was in their fearless discharge, indeed, that unwittingly he laid the foundation of his sui)sequent political promotion. I shall not review these events. His fearless stand in favor of a practical application of the good old Democratic doctrine of "equal rights to all and special privileges to none," aroused the ire of a large section of so-called '* business," now familiarly denounced as ''predatory interests." Taking just umbrage at the unfriendly attitude of other officers and persons, in apparent sympathy with these interests, Davis launched a gubernatorial campaign which has not been equaled in political annals ; unless, indeed, by one of his subsequent campaigns. Things grew rancorous from the start. The air was speedily surcharged with all manner of invective against him. He carried every county of the seventy-five, save one ; and in many of the counties his majority was substantially unanimous. I shall not advert to the several campaigns in detail. They were hot, to the boiling point. Probably no useful purpose would be subserved in reviewing them now. The writer, too, in a small way an integral unit of this great movement for reform, is probably not the proper person to undertake its analysis. That Jeft' Davis was so signally victorious, sufficiently vindicates him from the aspersions of those times. No man before him ever ran for two offices, as did he, for Governor and for United States Senator, at the same time, against powerful if not acrimonious opposition, and gain his goal in both.

Contrary to a reputation which his political enemies sought to thrust upon him, Jeff Davis was Jacksonian in rugged patriotism. His political career was largely shaped by a natural passion for equality and exact justice. He stood for right ; believed in government by the people, not by a favored class. And when his official duties made him acquainted with the injustice of special privilege which had honeycombed our social fabric, he set about rectification; and it was this which brought on and kept glowing the white heat of his political course. Not that he loved a row for its own sake; but once in the arena, buckling abreast his bull-hide shield, he smote the enemy hip and thigh; nor did he cry at any time ''enough!" Upon the contrary, far and wide he strew the State with political carnage, working night and day, with all the precipitation of a gatling gun. Whoever now would know the rectitude and wisdom of his political propaganda, let him give himself to the study of our political history; there he will find that every measure brought forward by Jeff Davis has been justified by time and verified by current history.

That he was a most tactful man need not be chronicled. True tact, however, implies sincerity of purpose, combined with a just estimate of mankind. His political opponents sought to break the force of this power by metamorphosing it into "demagogy," in its most distasteful sense; and they hurled such poisoned darts at him as from a catapult, but all such fell harmless at his feet.

Whatever he did was misconstrued by his enemies. Once, I remember, we were riding over some mountain country in one of his State campaigns, the last for the gubernatorial office; it was late and the ground, covered with the slush of recent snows, was freezing. Rushing our driver to meet an appointment, suddenly our horses shied; Governor Davis looked and saw on the side of the road two objects ; no sooner did he realize that they were children, than out of the buggy he sprang. The children had become stranded in an effort to reach a settlement over the ridge, some three miles away. Governor Davis huddled them into the buggy, wrapped his lap robe around them, learned their destination and we whipped on; setting them down finally at the gate of the farm house, the destination of the little ones, on we went, his identity being wholly unknown. Yet the facts were obviously gathered up by people thereabouts and the incident enabled him to sweep the county. Plis enemies characterized it as ^ ' demagogy. ' '

I shall not attempt to illustrate his love of children, nor his commiseration of people in distress, as shown by his frequent use of clemency while Grovernor. Here again was he bitterly assailed. Once, while speaking in a town before thousands of people, his pardon record was a theme. A prominent newspaper editor stood conspicuously, and a little defiantly, near and in front of the speaker. This editor had flayed Governor Davis in that day's issue of his paper for ''pardoning whiskey men," referring to a notable case in that county. Quick as a flash, Governor Davis took notice of the paper, singled out the conspicuous editor and accused him of having signed the petition for pardon of the particular man; the editor, forgetting, denied; when Governor Davis unrolled about thirty yards of white paper and threw it into

the howling mass of people, saying, "Colonel 's name

will be found first on the list!" There indeed it was. The effect was electrical. Governor Davis swept that county.

Jeff Davis was a true friend. If it was said he was not true in this relation, you have but to bring forward your instance to be convincingly shown that some latent circumstance had convinced Jeff Davis, in some way, that the person was unworthy of his esteem and confidence ; a friend for favor, rather than for nobler things. Throughout his career he never for a moment forsook a friend; never. Contrarywise, nothing in his power was too good for them at whatever sacrifice to himself. Illustrative instances might be accumulated to make a volume, and the writer would wish this were the occasion to refute many sinister stories which had their birth in cesspools of partisanship; not for his defense, for he needs none, but for history's sake. During his life these malign vaporings he regarded as the idle \rinds; and events have sufficiently refuted them with all candid minds. Upon some future occasion the writer may indulge his own friendly caprices in tins regard to sink these obscure traducers still further into the density of well-merited obscurity.

That Jeff Davis was an ideal husband and father was proverbial. Here, again, my knowledge is first hand; for neither he nor any one of the family allowed me to take lodgings, out of their hospitality, when practical. He was the most generous man I ever knew. Without the love of money himself, he used it for the happiness of others. His children and his wife run things; Jeff was one of them; a boy at home; all had what he had, money and all, ivhen they wanted it, and as 7nuch as they vAshed, if he had it. This does not mean, however, that there was wastefulness or undue extravagance, for he was poor ; and they were a sensible family, considerate and prudent, out of love for him and for the common good.

The writer upon a recent occasion remonstrated in a brotherly sort of way A\dth Senator Da\'is, saying to him, "You are too unsystematic about your household and family expenditures; your generosity not only teaches your children possible indifference to economy, but unabridged freedom in money matters, amongst so many, must ultimately exhaust the supply."

"Yes," he said, "you are doubtless right; I mj^self have thought of it; in case of death, my family will be poorly equipped to meet the world ; I ^vill have some estate, I trust ; but this thing of limiting my family, a thing I have never done; how — I do not know how to be,gin — and so, I guess, it is too late now. I live for them. " He did — for them and his friends and for his country.

His aspirations to serve his people in the United States Senate the writer knew to the minutest detail. It was his hope to get back there to join hands ^\T.th the new Democratic administration. That he would have given great weight to the Democratic side is well understood, nation-wide. I shall not review these matters now. His death is irreparable. The fruits of his labors in Arkansas will flourish here for many years. He fixed definite lines of political conduct for the public good, and none mil now dare to traverse them. His public life in this State will prove a lasting blessing to the great mass of people; particularly to the laboring and industrial citizen. I forbear. God, in His tender love, keep our departed companion and devoted friend.

J. V. BOURLAND.

Fort Smith, Ark., April 21, 1913.

I. An Arkansas Traveler

If you would have more fun than you ever had at a circus, get into the newspaper game. You will hear political speeches one day, attend a hanging the next, a Methodist Conference, then a Baptist Convention, and the old-fashioned reunions and barbecues.

There is nothing more enjoyable than to attend the old-fashioned reunions and home-comings, hear the farmers discuss pontics, talk about the tariff and discuss the poHtical events of the day. Around the country fairs is where you will meet Grandmother with her homespun dress and Grandfather smoking his pipe of clay.

After travehng more than fifteen years, I have been in everything except shooting scrapes. I have taken in everything on subscription to the Daily Gazette from an old quilt to a swarm of bees. If I do not succeed in collecting the money my rule is to take in chitterUngs, cheese, wool socks, sawdust or buttermilk.

I have had some very funny experiences in collecting old newspaper accounts. In fact, they are much harder to collect than a board bill, a doctor's bill, or subscriptions to the church.

At one time I took nine steeltraps and three coon hides, and receipted the subscriber in full. This account was so old that it had whiskers on it.

In good old Greene County I relieved an old fellow of a large beef hide, receipting him in full, and my commission was twenty-five cents on the dollar.

At another place I accepted two cords of cook wood three miles from the railroad and an order on one of the home merchants for my pay, less 15 per cent commission.

Over at Clinton, in good old Van Buren County, I accepted $15 in county scrip on a claim that was out of date, marked the grand juror up for another year, gave him some popcorn, and he is still a reader of the Twice-a-Week Gazette.

On the banks of the Arkansas River, near Morrilton, I took half a dozen large cotton baskets, receipted the delinquent subscriber in full, left him in a good humor with his six months ' paid-up subscription on the Weekly.

It is amusing to be around the Gazette office at times when two factions want to be heard; one fellow will beg that the manuscript and the truth be left out, and the other faction will want to pay for space on the front page. One fellow will brag about the news service and the editorial poHcy of the paper, and the next fellow you meet mil criticise the same articles that suited the other subscriber.

One time while at Dermott waiting for a late train, a small country woman with two children and two or three grips was loaded on the train for Little Rock. One of them was her large ''sifter," with a small rope tied in the middle. After the train had left McGehee some drunk fellow got on the train, and as he walked through tore the grip loose with his heavy boot and three or four small puppies come out of the old grip, and began yelping and barking on the train. The conductor and the negro porter and myself gave those pups a merry chase all through the car, and some of the passengers thought that train robbers were aboard. The poor woman, with a long tooth brush in her mouth, said, ''There goes them pups. I told John I didn't believe I could ever get to Missouri with them pups and that 'sifter.' " The pups were properly cared for and the woman went rejoicing on to Missouri, and each of the children had one of my cards. As a result of my kindness, tliis Arkan sawyer, who is now in Missouri, is a reader of the Weekly Gazette on account of my catching the pups.

One of the funny incidents I recall took place near Searcy, in White County, a number of years ago. A prominent Methodist book agent spent the night with Neighbor Jones on the outskirts of Searcy, after attending the district conference. The train left at 7 o'clock for DeVall's Bluff, and after a good night's sleep, the preacher relished some fried chicken, and appreciated the hospitality of his good brother. One of the young ladies of the home had an engagement with one of the young men to attend a May-Day fish fry at the old Camp Ground several miles away. While the folks were entertaining the preacher at breakfast, the parson forgot to put his night shirt in his grip, and it was folded up, and with the grip placed on the machine in the hallway. In the meantime a lunch for five, including gherkins, pickles and cake, pies and custards, was rolled up in about the same size bundle, and placed near the grip. At this juncture the buggy was ready and ''All aboard!" was the alarm which attracted the young lady, who, through mistake, took the night shirt instead of the fried chicken. The preacher soon followed with his grip, not knowing but that he had his night shirt. He went on the same train, and watched the fish-fry party get off on the bank of the river. At the noon hour, when the young ladies were preparing their dinner, and while their beaux were frying fish, they began to bet who had the finest lunch. And, to the surprise of all, the night shirt w^as soon reached, which caused a great deal of laughter. It was after 9 o'clock before the preacher began to retire for the night at Gleason's Hotel in Little Rock, and discovered that he had chicken for five.

Several years ago a traveling man from Little Rock was called over to Dallas, Texas, and on his return he had prepared a fine lunch, and also two bottles of cold Budweiser, which he placed in the tray over the seat. After a two-hours ' run over the Texas & Pacific railroad, it was time for supper. The sack of grub was placed in the seat and the Budweiser unwrapped, and, to the traveling man's surprise, the stopper flew out of the bottle and hit and aged lady on the cheek, this caused an alarm which attracted the attention of the negro porter and the conductor and all the passengers. The old lady yelled at the top of her voice, " I am shot ! ' '

After travehng for more than sixteen years, it is natural that I can relate a number of funny incidents that took place. One time I went to the hotel at Warren, in Bradley County, and the negro porter gave me a room upstairs, which was very cold. There were only two thin quilts on the bed, besides a thin sheet, and after the negro porter went downstairs I proceeded to an adjacent room and stole all the cover sheets, blankets and all and placed them on my bed. I was warm and snug, and as I was taking a snooze I was awakened by a drummer in the adjoining room cursing the negro porter for putting him in a room where there was no "kiver." He told the porter that it was a wonder some one hadn't stolen the bedstead and carried it off. I enjoyed a good laugh while the drummer and porter were rummaging around for cover.

I had some really funny experiences one time near Woodson on the Saline and Pulaski County line. After two or three attempts to collect an account from a negro named Scipio, I decided tb engage in the apiary business, and, purchasing two bee-gums from him, marked the account paid. It was one fine April morning when I took the bee-gums with a quilt and hauled them to a neighbor's house and turned them over to an old negro, who became my partner in the bee business. The bees swarmed two or three times and they were also robbed during May and July, after one year. I swapped uiy part of the bees for a good shotgun and two turkeys. I later on swapped the shotgun for two yearlings, which brought me in ready cash, and I have never been in the bee business since.

M}^ first experience in the newspaper business was collecting old accounts on subscriptions for 0. C. Ludwig, who was at that time running the Log Cabin, at Conway, and I was also collecting for the Arkansas Democrat, George C. Naylor and W. S. Mitchell being my bosses at the time. Many a pleasant and sad reminiscence has been recalled by me since those happy days have passed away. Thousands upon thousands of my personal friends have gone beyond since then. Well do I remember my first trip to Newport, when the Jackson County Fair was on. Well do I remember my first trip to Monticello, when the Drew County Fair was being held. Last, but not least, the Johnson County Fair was one of the oldest and the best in the State, presided over by R. D. Dunlap, w^ho was a fancier in the live stock show and also in race horses.

n.

Jeff Davis's Opening Speech at Ozark.

On February 18, 1908, Senator Davis opened his campaign at Ozark, in Franklin County, in the interest of Attorney General W. F. Kirb}^ for Governor. In that race George W. Donaghey, a well-known contractor of Conway, and Prof. John H. Hinemon, of Arkadelphia, were the other aspirants for the office. One of the largest crowds that ever assembled in Franklin County met Governor Davis upon tliis occasion, and among them were Governor Donaghey and a number of his friends from Conway and other parts of the State.

Governor Davis in his opening speech upon this occasion recalled many politically historical events, reviev^ing the boodle cases, the indictment of Tom Cox, Caldwell & Drake and the predictions he had made in former speeches as to Lewis Rhoton having a backbone of steel as big as his old grip. In this speech Governor Davis referred to the fact that he had made promises in former campaigns that M. D. L. Cook, Tom Cox and George W. Caldwell should wear felon's stripes.

'*I told you the Prosecuting Attorney of our district, the Hon. Lewis Rhoton," said he, ''had a backbone made of steel and that he would do his duty. Gentlemen, I thought I spoke to you truthfully, I thought that this officer was sincere and earnest in the faithful discharge of his duties. But candor and truthfulness compel me to confess to you today that in that statement I was mistaken, and, seeing the loose and lax efforts to prosecute these red-handed criminals, I tendered 'to the Prosecuting Attorney, through the Attorney General, my services to the end that justice might be dealt out to these malefactors speedily. My offer was scornfully refused, and for what reason God Almighty and Lew^s Rhoton only knows, and I defy the Prosecuting Attorney now to allow me free and untrammeled the privilege of prosecuting these cases without fee or reward ; and if he does I'll promise you that at the next term of the Pulaski Circuit Court these men wall be wearing a pair of striped breeches. Cook was indicted many times, yet no effort was ever made at his prosecution. Caldwell was indicted many times, yet he is today strutting the streets of our Capital City with no sleuth hound of the law at his heels, and Tom Cox, the old he-malefactor of them all, has never so much as had an indictment returned against him, and I come to you today to retract all that I said commending Lewis Rhoton and his efforts as Prosecuting Attorney. Lewis Rhoton is again a candidate for Prosecuting Attorney in our district, and I trust that the good people of that judicial circuit -will bury him so deep under a load of ballots that it will take the sound of Gabriel's resurrection horn to bring him forth from the political death which he so richly deserves.

"These men have gone scot free, while other men who dared stand by the feeble, helpless and defenseless people in the little city of Argenta just across the river from Little Rock, when their rights, their homes and their privileges as American citizens were sought to be taken from them, could not be driven or bulldozed by the official lash of this unnatural prosecutor, and have felt the keen sting of the law. He has in possession today a statement from T. L. Cox that he (Cox) spent $70,000 of the Iron Mountain Railroad Company's money corrupting railroad legislation in 1905, yet, my friends, not one single indictment has ever been returned against any man for corrupt misconduct favoring the Iron Mountain railroad."

At various times during the campaign Governor Davis declared that robbery and murder itself committed in the shadow of the Statehouse had gone unwhipped of justice. The most noted case is that of Hartley, a nonresident, who was robbed in open daylight at the Choctaw station by four thugs and tramps. Three of these men escaped temporarily, but Hartley captured one and turned liim over to the police of the city. Hartley had been robbed of $6,000, the hard earnings of a lifetime. This man whom Hartley captured was carried before Meisner, a justice of the peace in that city, positively identified, his bond was placed by Meisner at $500 and by Rhoton it was reduced to $300, and the thief drew from his pocket the money he had stolen from Hartley, deposited it as a bail and the defendant fled the country. "Now, isn't that a nice skillet of fish?" asked Governor Da\ds.

One time, while the campaign was at fever heat, and, as Governor Davis said, "as hot as an oven," the candidates addressed about four thousand people at Magazine, in Logan County. I got to work early and secured about fifteen subscribers for the Weekly Gazette, telling them that they would get all the campaign news in the paper. After hearing Governor Davis jump on the papers at Little Rock, and telling the audience how they were fighting him. T had a number of callers on the picnic grounds soon after he ceased speaking. At least eight or ten came to me with their receipts and said, "Say, Cap, I have changed my mind. I want my dollar back ; here is your receipt. T wouldn't let a copy of that paper come in my house ; Jeff said he had rather be caught with a dead pole-cat in his pocket." I didn't feel like arg-uing the question any further, and the dollar was replaced in the farmer's hands. I could walk all around the place on newspapers that had been thrown down after Governor Da"\ds had finished his speech. He knew how to hold the audience spell-bound and knew what would take among the natives. This was one of the greatest features of his success — kno^ving human nature — and various times during the campaign he would have a good laus'h at my expense.