The Arkansas Territorial Militia was the forerunner of today's Arkansas National Guard. The current Arkansas Army National Guard traces its roots to the creation of the territorial militia of the District of Louisiana in 1804. As the District of Louisiana evolved into the Territory of Missouri and the first counties were organized, Regiments of the Missouri territorial militia were formed in present day Arkansas. Territorial Governors struggled to form a reliable militia system in the sparsely populated territory. When the Arkansas Territory was formed from the Missouri Territory, the militia was reorganized, gradually evolving from a single militia brigade composed of nine regiments to an entire militia division composed of six militia brigades, each containing four to six militia regiments. The local militia organization, with its regular musters and hierarchy added structure to the otherwise loosely organized territorial society. The Territorial Militia was utilized to quell problems with the Indian Nations and was held in readiness to deal with trouble along the border with Mexico due to an ambiguous international border and during the prelude to the Texas War of Independence.

Creation of a Territorial Militia

The history of the Arkansas militia began in 1804, when the United States bought from France a huge tract of land west of the Mississippi River. At the time of the transaction, now known as the "Louisiana Purchase", the area that would eventually enter the Union as the State of Louisiana was referred to as the District of Orleans. The area north of present day Louisiana was referred to as the District of Louisiana. At first the new "District of Louisiana" was attached to Indiana Territory for administrative purposes. In 1804 the District of Louisiana was designated as the Louisiana Territory and the new territory was subdivided into districts – namely, St. Charles, St. Louis, Ste. Genevieve, Cape Girardeau, and New Madrid – stretching along the Mississippi River with no definite boundaries to the west. The area of the present State of Arkansas lay within the District of New Madrid, which stretched from the present Arkansas-Louisiana state line to the present city of New Madrid, Missouri.^[1] The authorities found that there were few people in the new territory, especially the area which was later to become Arkansas, to enroll in the militia. Low and swampy, early Arkansas attracted few settlers, and many of those who did come were itinerant French hunters and trappers who were hardly temperamentally fit for the militia, which required a fairly settled population. In 1803 a census of the two major settlement areas in Arkansas, Arkansas Post and Ouachita, was carried out. The census, about which there is much doubt as to its validity, "estimated" that the Post District had a population of 600 with a militia of 150. The Ouachita District had approximately 1,200 whites, 100 blacks, and a militia force of 300.^[2]

Militia law of the District of Louisiana

In October 1804, the governor and judges of Indiana Territory met as a legislative body to begin the process of formulating laws for the huge District of Louisiana.^[3] It is from this date that the Arkansas National Guard tracks its earliest formation.

The Militia Act of 1804 contained 24 subsections. It made all males between the age of 16 and 50 liable for militia service excepting superior court judges, supreme court judges, the attorney general, the supreme court clerk, all licensed ministers, jail keepers, and those exempted by the laws of the United States.^[4] The act laid out the number of officers required for each company, battalion and regiment and required privates and officers to arm themselves “with a good musket, a sufficient bayonet and belt, or a fuse, two spare flints, a knapsack, and a pouch with a box therein to contain not less than twenty-four cartridges, .... knapsack, pouch, and powder horn, with twenty balls suited to the bore of his rifle, and a quarter of a pound of powder”. Companies were required to muster every other month, Battalions in April and Regiments in October. Militiamen who failed to attend muster would be fined after being tried by court martial, which the commanders were given authority to convene. The act also created the office of Adjutant General and detailed his responsibilities.^[5]

Volunteer companies

The new law had forty-two sections, and one of the most important sections of the law allowed for the formation of volunteer companies.

These independent companies were the only units in the militia that were to be issued standardized uniforms, arms and equipment. Formation of independent of volunteer companies would become an important part of antebellum society. While there are very few records of any governor during the territorial or antebellum period turning out an entire militia regiment for service other than the required musters, there are ample examples of volunteer or independent companies turning out for service during times of war or conflict with the native Americans.^[6]

The Arkansas District, Territory of Louisiana

By 1806, the lower two thirds of the District of New Madrid was re-designated as the District of Arkansas;^[7] the area had two militia units: one cavalry company and one infantry company. Despite the small population, it appears that the early Arkansans enrolled in the militia in fairly large numbers.^[8]

A roster of militia appointments for the District of Arkansas dated July 14, 1806 shows the officers to have had a heavy French immigrant composition:^[9]

Major Francois Vaugine

Captain of Cavalry Francois Valier

Lieutenant of Cavalry Jacob Bright

Cornet Pre. Lefevre

Captain of Infantry Leonard Kepler

Lieutenant of Infantry Anthony Wolf

Ensign Charles Bougie.^[10]

The same roster indicates that the Arkansas District militia had its own "inspector and adjutant general", Major David Delay. Other than this roster and a few other minor references, the militia of the District of Arkansas, Louisiana Territory, left few records.^[10]

Militia law of the Territory of Louisiana

In 1807, the legislature of the Louisiana Territory passed an updated and expanded Militia Act. The new law had forty-two sections. The maximum age of inhabitants who were required to serve was reduced from 16–50 to 16–45. Militia Officers were now required to wear the same uniform and the United States Army. It increased the frequency that companies were to muster up to 12 times per year, battalions six times, and regiments twice. It created the office of Brigade Inspector and set the pay of the Adjutant General at $150 per year. The procedures for courts martial and the collection of fines and other punishments were significantly expanded; fathers were held liable to pay the fines of sons, up to the age of 21, who failed to attend muster; officers were required to attend training sessions to be conducted on the Monday before a scheduled muster in order to receive training regarding their duties and on the proper forms of drill. The legislature indicated that where its laws were not detailed enough, militia leaders were to look to the regulations of Barron Steuben which had been adopted by Congress in 1779.^[11]

Service in volunteer companies encouraged

Section 37 of the Militia act of 1807 again addressed the formation of independent or volunteer companies:

When in the opinion of the commander-in chief, such corps can be conveniently raised and equipped, independent troops of horse and companies 'of artillery, grenadiers, light infantry, and riflemen may be formed, which shall be officered, armed, and wear such uniform as the commander-in-chief shall direct.^[12]

Service in these voluntary companies was encouraged by exempting members from fines for failure to attend musters of the regular militia and "[e]very trooper who shall enroll himself for this service, having furnished himself with a horse, uniform clothing and other accoutrements, shall hold the same exempted from taxes, and all civil prosecutions, during his continuance in said corps".^[13]

Militia Act of 1810

The legislature of the Louisiana Territory amended the militia law in 1810 to provide for an Inspector General of the Militia with an annual salary of $250. At the same time the legislature did away with the salary of the post of brigade inspector and reduced the number of times that the militia would drill each year to six. The legislature also repealed the requirement for officers to meet on the Monday for training before a muster.^[14]

Arkansas County, Missouri Territory

On June 4, 1812, Louisiana Territory was renamed Missouri Territory.^[15] A little more than one year later, on December 31, 1813, Governor of the Missouri Territory, William Clark, signed a proclamation re-designating the District of Arkansas as Arkansas County of Missouri Territory.^[1]

The Militia Law of the Missouri Territory

The legislature of the new Missouri Territory quickly enacted a new Militia law. The Missouri Territory Militia act of 1815 included 47 sections and changed the service requirements. "Every able bodied, free white male inhabitant of this territory, between the ages of eighteen and forty-five years, shall be liable to perform militia duty."^[16] This was the first reference to the race or status of militiamen in the territorial militia laws.^[17] The act, like the previous militia laws, provided for the formation of volunteer companies in addition to the standard militia regiments and provided for the horse and other equipment of members of these volunteer companies to be tax exempt.^[18] The militia law was amended in 1816 to clarify those persons exempt from militia duty, clarify the duties and account responsibility of paymasters, clarify court martial procedures and to provide for the collection of fines levied by courts martial by the sheriff or constable.^[19] The Militia law was amended again in 1817 to provide for payment of those members detailed to sit on courts martial, to set the fine for failure to appear at muster at two dollars, and to allow the sheriff a fee of ten percent for collection of fines imposed by the militia courts martial.^[20]

The first regiments formed in Arkansas

By 1814, the militia of Arkansas County was designated as the 7th Regiment, Missouri Territorial Militia.^[21] The officers were:^[22]

• Lieutenant Colonel Commandant – Anthony Haden
• Major of 1st Battalion – Daniel Mooney
• 1st Company: Alexr Kendrick Captain, William Glassen Lieutenant, William Dunn Ensign
• 2nd Company: James Scull Captain, Peter Lefevre Lieutenant, Charles Bougy Ensign
• 3rd Company: Samuel Moseley Captain, Lemuel Currin Lieutenant
• Major of 2nd Battalion – ???
• 1st Company: Edmund Hogan Captain, John Payatte Lieutenant, Joseph Duchassin Ensign
• 2nd Company: Jno C Newell Captain, Benja Murphy Lieutenant, Geo Rankin Ensign
• 3rd Company: William Berney Captain, Isaac Cates Lieutenant, Saml Gates Ensign

In early 1815 Lawrence County was created in the area of present day northern Arkansas and southern Missouri.^[23] The establishment of new counties had an impact on the militia since it was usually organized by county. The creation of Lawrence County necessitated the appointment of a separate commander for the county militia. On January 22, 1815, Missouri Governor William Clark commissioned Louis de Mun a lieutenant colonel and commandant of the 18th Regiment Missouri Militia. De Mun, who had command responsibility for all of Lawrence County, was ordered by the governor to "discharge the duty of Lt. Colonel Comdt. by doing and performing all manner of things..."^[24]

War of 1812

25 Members of the 7th Regiment, Arkansas County, Missouri Territorial Militia filed claims for pay for services rendered during the War of 1812.^[25] The petition claimed that the militia men were called into service in May 1813 and that they had served for three months under Captain Daniel M. Boon, David Musick and Andrew Ramsay. The petition alleged that the militia men had been formed in to companies containing 108 men each and that they had not been paid for their services.^[26] Among the claimants who signed a petition requesting his pay was Edmund Hogan,^[27] who was a resident of what would become Pulaski County and who would eventually be appointed as the Brigadier General of the Arkansas Territorial Militia.^[28] No records appear to exist of this unit being called out for service during the War of 1812.

On March 2, 1819, President James Monroe signed the bill creating Arkansas Territory. The act which created Arkansas Territory provided that the territorial governor "shall be commander-in-chief of the militia of said territory, shall have power to appoint and commission all officers, required by law, be appointed for said territory..."^[29] At the time of its formation, the new Territory of Arkansas included the following five counties:^[30]

• Arkansas
• Lawrence
• Clark
• Hempstead
• Pulaski

First militia regulations published

Governor Izard worked to whip the militia into shape. He and Brigadier General Bradford pleaded with local commanders to take their responsibilities seriously. Noting that Arkansas lay directly in the path to be used in the removal of the Eastern Indians, the governor spoke frequently of the need "to place the Militia in a condition to afford immediate protection to our settlements, should any disorder attend the passage of those people."^[76] Governor Izard’s agitation slowly began to get results. In 1825 the legislature authorized the printing of the militia laws of the territory, with a copy of each to go to every officer in the militia.^[76] Izard issued three militia reorganization plans in his three years as governor. He worked to regularize musters, established a regimental organization, and tried to improve the officer corps by forcing the resignation of officers who failed to attend musters, left the territory for more than three months, or who failed to send their strength reports. Finally, in November 1827, a bill passed providing for the first complete overhauling of the militia. The act organized the forces into two separate brigades, provided that battalions were to muster annually and companies were to assemble twice yearly, and established an administrative framework to oversee the organization.^[77] Izard’s periodic reorganization orders,^[78] combined with legislation, resulted in the formation of a much more effective militia system for Arkansas Territory.^[78]

Militia divided into two brigades

The Militia Act of 1792 had specified how the state militia units were to be organized:

On November 21, 1829, the Arkansas Territorial Legislature passed an act dividing the Arkansas Territorial Militia into two brigades.^[84] In April 1830, the United States Congress authorized the Arkansas Territory a second Brigadier General to command the second brigade of Arkansas Territorial Militia.^[85] On April 22, 1830 President Andrew Jackson nominated William Montgomery to command the 2nd Brigade of Arkansas Militia.

When Arkansas became a territory in 1819 there were several thousand Indians living in the area. Early Arkansas settlers perceived these Indians as dangerous savages. Most of the tribes, the Quapaw, Caddo, and Cherokee, were in actuality quiet and peaceful. Problems also ensued along the Territorial boundary with the Indian nation, with whites and Indians each wandering across the ill defined border. The first recorded clash between the Territorial Militia and Native Americans apparently occurred in 1820. Captain George Gray, Indian Agent for the Cherokee Nation at Sulphur Fork, wrote to Secretary of War John C. Calhoun regarding a claim by the Cherokee Nation that they had been driven from a village along the Red River by two companies of the Arkansas Militia.^[87] No records exist indicating whether this action was directed by the Territorial Governor or was done under the control of local authorities.^[88] Mr Calhoun responded to the claim and stated that he lacked sufficient evidence to approve the Cherokee claim for damages resulting from the loss of their villages but pointed out that he could not protect Cherokees if they established villages in areas assigned to whites by treaty.^[45]

The Pecan Point Campaign

The Osage tribe, who ranged over much of northwest Arkansas, were a fierce and warlike plains tribe. Mounted on their ponies, the Osage frequently attacked villages of neighboring Indian tribes. Occasionally white settlers would fall victim to the Osage. In March 1820 Reuben Easton, a practically illiterate Arkansas settler, wrote to the War Department complaining of the Osage menace: “There has been a number of murders committed on this river by the Osage indians and a vast number of Robbearys for which the people heir has never Received any Satisfaction...”^[89] The Cherokee, who were given a reservation on lands claimed by the Osage, were a more constant target of their warlike neighbors.^[90]

Governor George Izard, who succeeded Miller in 1825, attempted to deal calmly with the Indians. But he was still an old military man, and when trouble between Indians and whites broke out in Miller County in 1828, Izard sent his adjutant general, Wharton Rector, to investigate. Forty-four Pecan Point citizens petitioned Governor Izard on March 20, 1828 asking for protection from hostile Indians.^[91] The petition stated that Shawnee and Delaware Indians near the little Miller County settlement of Pecan Point were "pilfering farm houses and Corn-cribs [,] killing Hogs, Driving their Stocks and Horses and Cattle among us ...." If the Indians were not removed, the settlers protested, there was "no prospect but of being oblidged [sic] to abandon our homes and fields."^[92]

Major John Goodloe Warren Pierson, commander of the Miller County militia, asked the governor for permission to call out his company to move against the Indians. The governor, instead, sent Adjutant General Rector to investigate and if necessary "to remove immediately [the Indians], and should they disobey or resist your authority you will call out such a party of the militia as you may consider adequate to compel obedience".^[92]

When Rector reached Pecan Point he found the settlers greatly agitated. The Indians were reported to be stealing and killing livestock and threatening war. Rector immediately ordered the Indians to leave the area, but the Shawnees refused. Calling out sixty-three militiamen under Major Pierson, Rector marched on the main Shawnee village. Just when a battle seemed imminent, the major Shawnee chief announced he would move.^[93] The entire Pecan Point foray, about a week in duration, cost the Arkansas militia a total of $503. Governor Izard, in requisitioning reimbursement from the Secretary of War, detailed costs as follows: Adjutant general’s salary (for a full month) and expenses, $231; pay for one Major for four days, $12; pay for five company officers for three days, $30, pay for 56 privates for three days, $168, rations for all men were a total of $24.^[91]

While there were no real battles between the Indians and the Arkansas Territorial militia, the militia did send units on several different occasions to perform patrol duty along the state’s western border.^[91]

1835 map of Miller County, Territory of Arkansas, including Pecan Point

President Andrew Jackson appointed John Pope to become the third Governor of the Arkansas Territory on March 9, 1829. Pope was a Kentuckian who, due to the loss of an arm as a youth had no prior military experience. On 12 June 1833, Governor Pope appointed William Field to serve as Adjutant General.^[97]

Tensions with Mexico

Next to the Indians, the Arkansans were most fearful of their Mexican neighbors in Texas. Much of this trouble was caused by an ill-defined boundary between Arkansas and Texas. The International Boundary between the Arkansas Territory of the United States and the Mexican state of Coahuila and Texas had been defined in the treaty of 1819 between the United States and Spain, but remained unsurveyed in 1827. Because the location of the border was uncertain, the ownership of a considerable area southwest of Red River was in question.^[91] Arkansas Territory had, since 1820, exercised jurisdiction over the settlements immediately south of the river, holding them to be a part of Miller County. In 1827 the easternmost portion of the disputed area, approximating the present corner of Arkansas southwest of the river, was assigned by the territorial legislature to the new county of Lafayette. In 1828 Miller County north of the river was abolished and a new Miller County constituted south of the river in what is now northeastern Texas.^[98] Miller County, as defined by the Arkansas territorial legislature in 1831, comprised all the present northeastern Texas counties of Bowie, Red River, Lamar, Fannin, and Delta plus parts of eight counties south and west of these.^[99]

The Mexicans, naturally, were fearful of the ever-encroaching Americans, and on several occasions feelings ran high between the suspicious neighbors. In 1828, for example, when the Miller County militia was called out to remove the Shawnees from Pecan Point, Mexican officials reminded the Arkansans that the area was claimed by Mexico. Arkansas Adjutant General Rector warned the Mexicans not to interfere. Rector threatened to hang the Mexicans officials "on a tree by the neck like a dog."^[100] Two years later the Mexicans rubbed salt in the wounded pride of the Arkansans by threatening to move Mexicans settlers into the disputed Miller County area.^[101]

Governor Pope reported to President Jackson on October 4, 1830, that "20 or 30 of our people" had taken the oath of allegiance to Mexico, "& received certificates of right to land with the territory here fore [sic ] occupied by this government------" He also reported that the Mexicans had dispatched a small force to establish a fort on Red River and to prevent American from entering Texas.^[102] As a precautionary measure Pope had ordered regimental musters of the territorial militia "& warned our citizens . . . against taking title or protection" from the Mexican government. The Arkansas Gazette reported October 13, 1830, that Pope had recently made a two weeks excursion to the southern countries and reviewed the militia "at some of the Regimental Musters." Governor Pope thought that the Mexicans were "pressing their claim beyond the line intended & contemplated by the negotiators of old Spain & the United States---"^[103]

The Gazette stated on November 3, 1830, that certain Mexican officials had commenced surveying Mexican claims in the disuputed border area on October 11 and that they intended to continue until stopped by force of arms.^[104] On November 1, 1830, Brigadier General George Hill, commandant of the 3rd Brigade of Arkansas Territorial Militia, reported to Pope that Curtiss Morriss, a citizen of Lost Prairie, had informed him that Mexican surveyor's were surveying the tracts granted to persons who had taken the oath of allegiance to Mexico, and that the Mexican claimants had threatened to dispossess loyal Arkansas citizens who refused to take the oath and whose land lay within the tracts of persons who had taken the oath. These loyal territorial citizens claimed the protection of the United States.^[105]

Governor Pope immediately forwarded General Hill's communication to the President. President Andrew Jackson, formally protested Mexican actions in the disputed area and was successful in getting Mexican Government authorities to stop actions in the disputed area until the boundary could be settled.^[106] The border area enjoyed a brief period of quite until just before the Texas War of Independence.

Militia re-organized into six brigades

On November 16, 1833, Governor Pope signed a bill from the Territorial Legislature which divided the territorial militia into six brigades and formed them into a new division.^[111] Each new brigade was authorized a Brigadier General to command. The new Brigadiers were required to renumber the regiments within their respective brigades and report this number to the Major General commanding the division.

Governor William S. Fulton, 1835–1836

William S. Fulton was appointed by President Andrew Jackson to become the fourth and final Territorial Governor of Arkansas on March 9, 1835. He served until he was replaced by the first elected governor of the new state of Arkansas in 1836.^[137]

Renewed tensions with Mexico

Troubles along the border with Mexico flared again during the Texas War of Independence Brigadier General George Hill was informed on May 4, 1836 that information had been received indicating that Mexican emissaries were trying to incite the Indian Nations to attack in retaliation for United States support of Texas War of Independence. Governor Futon directed Brigadier General Hill to place organize his brigade and place it in readiness to take the field at once. On June 28, 1826, General Edmund P. Gains (U.S. Army) called upon Governor Fulton one regiment for the defense of the western frontier. Twelve companies would eventually answered this call.^[138][139]

Still, as with the Indians, there was no open military conflict between the Arkansas Territorial militia and the Mexican Government before the Arkansas Territory achieved statehood on June 15, 1836.

ARKANSAS HISTORICAL QUARTERLY; Volume 19, Spring 1961,p. 95

 

Disturbances on the

 

Arkansas-Texas Border,

 

1827-1831

 

 

BY LONNIE J. WHITE

 

Austin, Texas

 

 

The International Boundary between the Arkansas Territory of the United States and the Mexican state of Coahuila and Texas had been defined in the treaty of 1819 between the United States and Spain, but remained unsurveyed in 1827. Because the location of the border was uncertain, the ownership of a considerable area southwest of Red River was in question. Arkansas Territory had, since 1820, exercised jurisdiction over the settlements immediately south of the river, holding them to be a part of Miller County. In 1827 the easternmost portion of the disputed area, approximating the present corner of Arkansas southwest of the river, was assigned by the territorial legislature to the new county of Lafayette. In 1828 Miller County north of the river was abolished and a new Miller County constituted south of the river in what is now northeastern Texas (1).

______________________

1. Rex W. Strickland, "Anglo-American Activities in Northeastern Texas 1803-1845" (unpublished Ph.D.

dissertation, University of Texas, 1937, 95-96, 101-102, 170-175; Rex W. Strickland, "Miller County, Arkansas Territory, The Frontier that Men Forgot." Chronicles of Oklahoma, XVIII (March, 1940), 12: Grant Foreman, Indians & Pioneers (Norman, 1936), 230: Arkansas Acts. 1827, pp. 10-11. According to Strickland. Miller County, as defined by the Arkansas territorial legislature in 1831, comprised all the present northeastern Texas counties of Bowie, Red River, Lamar, Fannin, and Delta plus parts of eight counties south and west of these.