Arkansas Militia in the Civil War: Difference between revisions

With the ending of the Mexican-American War, the Arkansas militia once again fell into a state of disorganization. The Mexican threat, like that of the Indians, was a thing of the past. Now, it seemed Arkansans needed protection from no one. Throughout much of the 1840’s and 1850’s the Arkansas militia was practically dead. Company and regimental musters were held infrequently, and officers stopped performing their duties. Diana Sherwood, a student of Arkansas history, has written that the state militia did not file a single annual status report with the War Department during the years 1843-1854. Without these reports, of course, the militia did not receive its quota of Federal arms and equipment. One Little Rock newspaper editor wrote in 1852:

"There is not a volunteer military company in Little Rock; in fact, the editor cannot recall having seen a single muster in this town since the beginning of the war with Mexico [in 1846]. What has become of the military spirit of our young men? If it is not entirely extinct, we would like to see a little of it exhibited in the organization of a uniformed company here."

In 1854 Elias N. Conway was elected governor, and he set about to re-build the state militia. Conway came from a prominent family of Arkansas politicians, some of whom had served in the militia during its earlier and more active years. Governor Conway pushed the legislature to revise the militia laws and successfully sparked a renewed interest in the militia. A review of the election returns for militia officers in each county in 1860 and the spring of 1861 provide some indication of the organization of the state militia on the eve of the civil war.^[1] The militia was organized into two divisions, of four Brigades each. Each county supplied a least one regiment, and each township supplied a company. Regimental and company officers were elected at the annual muster. The election results were forwarded to the Governor either by the regimental commander or by the Count Clerk. The exact strength of these units is unclear, but it may have been better than is often represented. In May of 1860, well before the election crisis of that fall, COL George M. Holt, Commander of the 18th Regiment from Saline County claimed to have 1000 to 1200 men available and requested that the County be granted a second Regiment.^[2]

In several counties, the traditional militia regiment existed simultaneously with so called "Volunteer" companies. By law the militia was composed of all able bodied men of a certain age, and was required to drill at least annually. As the secession crisis developed in the fall of 1860, "Volunteer" companies began to spring up around the state. These volunteer companies drilled much more often (three times a week in the case of the Pulaski Artillery, a Volunteer Artillery Company organized in Little Rock in December of 1860^[62]) and began to search for uniforms and equipment, often requesting them through the militia channels, to the Governor, but then turning to private sources when the State Government was unable to supply weapons, uniforms, and other equipments. In the beginning, these companies continued to operate under the authority of the local militia commander, with the local Regimental Commander overseeing the election of officers and forwarding the election results to the Governor^[63]. Later Volunteer Companies and Regiments would be raised under the authority of the State Military Board, or directly by Confederate Government authorities.

A good comparison of the readiness of the Militia organizations as compared to the Volunteer Companies springing up around these state occurred when the Crawford County Militia, the 5th Regiment Arkansas Militia, conducted its annual muster and drill on Saturday, February 23, 1861 at Van Buren. They were joined on this occasion by two companies of volunteers, the “Frontier Guards” (Captain Hugh Thomas Brown) and the “Independent Light Horse Guards” (Captain Powhatan Perkins). ^[64] The two independent companies received rave reviews for their drill, but the performance of the 5th Militia Regiment provoked the following report from the Van Buren Press:

"The special parade of this Regiment, by order of the Officers in command, took place in this City on Saturday last. In connection therewith, the Rifle Company, Capt. Brown, and Horse Company, Capt. Perkins, paraded, making a fine display—and in fact all the “military” on the ground was composed of these two independent companies. A more decided burlesque on military parade could not be had, than the muster on Saturday. If any good was derived by bringing such a body of men together, for “inspection” and “drill,” we were not able to discover it—and we trust it will be at least a year, before another “occasion” occurs for preparation to defend our rights and liberties against northern aggression."^[65]

However a more favorable account comes from a report on the September Muster of Pulaski County's 13th Militia Regiment

"...the regimental drill and review of the 13th regiment of Arkansas militia..... We arrived on the ground about noon, with Brigadier Gen. Holt, of the 2d Brigade and Staff, composed as follows, of Adjutant General McConaughey, Aids de Camp Fagan and Harrell, Brigade Major Newbern, Inspector General Trigg; Quarter Master Fletcher, Surgeon Hooper and Commissary Faust:–Col. McGregor, of Jefferson county, acting as Pay Master, and Col. Critz, of White, acting Judge Advocate—splendid with plumes and buttons, all good horsemen and well mounted; the commanding form of the General, in the becoming uniform of his rank, towering above all the others.

The regiment, composed of ten companies, numbering about a thousand men, was drawn up in line of battle facing to the west... The regiment having been reviewed in form, changed direction to the right, and now in its turn, while the reviewing officers took position on the former front, marched before them by companies, in the following order: Pulaski Lancers, Lieut. Morrison, commanding cavalry, with lances, pennants and handsome uniforms of blue and red, well drilled, and presenting a very gallant appearance; 1st comp. the Capital Guards, Capt. Peay, drilled like veterans of the “Old Guard,” and dressed in a uniform of blue and gold, never yet surpassed in taste and neatness; 2d company, exceeding well drilled and fine looking, Capt. Stillwell; 3d company, composed of gallant looking and intelligent men, Lieut. Griffith, commanding; 4th company, the elite of the regiment, Sergeant Lee of the “Guards,” commanding; 5th company presenting a most soldierly appearance, Capt. Johnson; 6th company, with the step and front of courage and intelligence, Capt. Bushnell; 7th company brave looking, erect and well-drilled, Capt. Vance; 8th company looking as if they might have seen service, and would like to see it again, Capt. Marshall; 9th company who we will venture to say, are all good riflemen, and familiar with the smell of gun powder, Capt. Wellman." ^[66]

Following the Drill of the 13th Regiment, the BG Holt and the regimental officers gathered in front of Governor Conway's home and heard a speech in which the governor complemented them "upon the revival, at a critical time, of the military spirit which once animated the people, but seemed long to have been dead."^[67]

In October an article appeared in the same paper announcing a Dill Contest to be conducted as a part of a Fair to be conducted 8-9 November on the grounds of St John's College in Little Rock. The best drilled militia company was to receive a "Premium".^[68]

Lincoln's victory in the presidential election of 1860 triggered South Carolina's declaration of secession from the Union. By February 1861, six more Southern states made similar declarations. On February 7, the seven states adopted a provisional constitution for the Confederate States of America and established their temporary capital at Montgomery, Alabama. A pre-war February Peace Conference of 1861 met in Washington in a failed attempt at resolving the crisis.

As the secession movement grew, people in Arkansas became greatly concerned. In January 1861 Governor Henry M. Rector, at the direction of the General Assembly, called an election for the people to vote on whether Arkansas should hold a convention to consider secession. At the same time the voters were to elect delegates to the convention in case the vote should be favorable. On February 18, 1861 Arkansans voted to call a secession convention, but at the same time elected mostly unionist delegates.

Even before the Convention on Secession could convene companies of troops were already being organized in different parts of Arkansas. Some of these companies were based on existing militia units, and some were new volunteer units with no official connection to the state militia. Anti-union forces, probably including Governor Henry Massey Rector, began calling for the seizure of the Federal Arsenal in Little Rock. When rumor were circulated that the Federal Government intended to reinforce the troops at the Little Rock Arsenal, the leading citizens of Helena Arkansas, in Phillips County, sent Governor Rector a telegram volenteering 500 men to assist in the seizure of the Arsenal. Edmund Burgevin, adjutant general of the Arkansas State Militia, carried the message to the Governor. Burgevin complained of the impropriety of a direct offer of volunteers to the governor of a State which had not seceded, and might not secede. Governor Rector's response was

'The governor has no authority to summon you to take possession of a Federal post, whether threatened to be reinforced or not. Should the people assemble in their defense, the governor will interpose his official position in their behalf.".^[96]

In response to the Governor’s message, Militia companies began assembling in Little Rock by February 5, 1861 and they made their intention to seize the Arsenal known to its commander, CPT Totten.^[97]The Yell Rifles of Phillips County, commanded by Patrick Cleburne were one of the first companies to reach Little Rock and report to Governor Rector. Governor Rector denied having called the militia forces, and sent the newly arriving companies in to camp near the present state capitol building. The Little Rock city council reacted with alarm at this sudden invasion of the capitol by the newly formed volunteer companies and called out its own militia unit, the Capitol Guards and ordered them to patrol the streets and stand guard over the newly arrived volunteer companies.^[98]

Governor Rector used the quickly massing militia forces to open negotiations that would lead to the surrender of the Arsenal to state forces.^[97] Many citizens of Little Rock opposed the occupation of the Arsenal, fearing a loss of life and property. With militia forces now surrounding the Arsenal Grounds. Governor Rector dispatched General Thomas. D. Merrick, C Commander of the First Division, Arkansas Militia However, with a formal demand for the Arsenal’s surrender. Captain James Totten, Arsenal commander, agreed to evacuate the Arsenal in return for safe passage out of the state. Governor Rector agreed and the Militia took control of the Arsenal on February 8, 1861. CPT Totten and his men were escorted from the city by the Capitol Guards. Grateful citizens of Little Rock presented him a sword, which some later came to regret as Totten would eventually meet Arkansas troops on the field of battle. ^[99] Later, artillery batteries were set up at Helena on the Mississippi River and Pine Bluff on the Arkansas to prevent reinforcement of Federal military posts.

On March 4, 1861, Abraham Lincoln was sworn in as President. In his inaugural address, he argued that the Constitution was a more perfect union than the earlier Articles of Confederation and Perpetual Union, that it was a binding contract, and called any secession "legally void".^[100] He stated he had no intent to invade Southern states, nor did he intend to end slavery where it existed, but that he would use force to maintain possession of federal property. His speech closed with a plea for restoration of the bonds of union.^[101]

On the day after Lincoln's inauguration in Washington, March 5, 1861, The Arkansas Secession Convention convened in the State House in Little Rock. David Walker, who opposed secession, was elected president. The convention continued in session for two and a half weeks. Feeling ran high and many fiery speeches were made, but it soon became evident that a majority of the members did not think that the situation at that time called for secession. The convention voted down a resolution condemning Lincoln's inaugural address, and defeated a conditional ordinance of secession. The opinion seemed to prevail that Arkansas should secede if the Federal government made war on the Confederate States. Still hoping for a compromise settlement that would avoid war, the delegates agreed to go home until after the people had voted on the secession question at a special election to be held in August.^[102]

Fort Monroe in Virginia, Fort Sumter in Charleston, South Carolina, and Fort Pickens, Fort Jefferson, and Fort Taylor, in Florida, were the remaining Union-held forts in the Confederacy, and Lincoln was determined to hold them all. Under orders from Confederate President Jefferson Davis, troops controlled by the Confederate government under P. G. T. Beauregard bombarded Fort Sumter on April 12, forcing its capitulation. Northerners rallied behind Lincoln's call for all the states to send troops to recapture the forts and to preserve the Union,^[103] citing presidential powers given by the Militia Acts of 1792. Following the Confederate shelling of Fort Sumter in Charleston Harbor on April 12, 1861, President Lincoln called upon the "militia of the several states" to provide 75,000 troop to put down the rebellion.^[104] For months before that, several Northern governors had discreetly readied their state militias; they began to move forces the next day.^[105] The first Arkansas Secession Convention had pledged the state to "Assist to the last extremity any attempt on the part of such power (President Lincoln) to coerce any state that had succeeded from the old Union".^[106] In spite of the fact that Arkansas had yet to officially secede, a militia battalion was quickly organized under the command of Solon F. Borland, which included the Pulaski Lancers, Capitol Guards and Peyton Rifles of the 13th Militia Regiment, Pulaski County, was dispatched to also seize the Federal Arsenal at Fort Smith, Arkansas on 23 Apr 1861. ^[107]

The Adjutant General, Edmond Burgevin, provided the states' response to the War Department's demand for troops:

Sir: I am directed by his Excellency the governor to acknowledge the receipt for Special Orders, No. 106, from the War Department at Washington. That order is based on the presumption of the State of Arkansas being willing to furnish the quota of troops required of her for the Federal Army, a presumption entirely improbable, and I can assure you, utterly impossible.

Further, I have to inform you that I had the honor on Tuesday night, April 23, 1861, at Fort Smith, to order the seizure of the person of Maj. R.C. Gatlin, Fifth Infantry, as a prisoner of war, and who is now at large on parole of honor not to serve against the State of Arkansas or the Southern Confederacy.

I am, sir, very respectfully, your obedient servant.

Edmund Burgevin

Adjutant General of Arkansas

Faced with President Lincoln's demand for troops, the Succession Convention reconvened in Little Rock and, On May 6, 1861 and passed the ordinance of succession by a vote of 69 to 1. Future Governor Isaac Murphy was the only "No" vote. ^[106] Cite error: There are <ref> tags on this page without content in them (see the help page).

The Secession Convention continued to meet and began the process of drafting a new state constitution and ordering the state's military affairs. The new constitution sought to limit the power of the Governor by vesting authority for military matters in a three person board, chaired by the Governor. The Military Board was to oversee the organization of a State army, to arm, feed, and clothe the troops, and to call out the forces for such military expeditions as might be necessary to defend the state. The military board was composed of Governor Rector, Christopher C. Danley of Little Rock, and Benjamin C. Totten of Prairie County. Mr. Danley of Little Rock was soon replaced by Samuel W. Williams, who was replaced in turn by L.D. Hill of Perry County. ^[108] N.B. Pierce and James Yell were appointed as Brigadier Generals.

The Secession Convention also adopted an ordinance providing for the organization of an "Army of Arkansas".^[109] The Army was to consist of two divisions, the 1st Division in the western portion of the state and the 2nd Division in the Eastern portion of the state. Each Division was to be commanded by a brigadier general. The ordinance required each regiment to consist of not less than 6 companies and not more than 10. Each Company was to consist of not less than 64 men and not more than 96 men and four officers. The officers were to be elected by the men of the regiment. Two million dollars was appropriated to fund the Board. ^[110]

The Convention elected three of its members as commanders of the new army, Major General James Yell of Jefferson County (overall commander) Nicholas Barlett Pearce, a graduate of West Point and resident of Benton County (commander of the First Division), and Thomas H. Bradley of Crittenden County (commander of the Second Division). Historian Leo Huff has referred to these commanders as “three political generals.” Pearce, due to his military training, was obviously the best of the lot. But all three of these men did harm to the war effort by opposing the transfer of Arkansas troops to a unified Confederate command. Eventually, all three men were either relieved of their command or transferred to other activities. ^[111]

The Secession Convention also enacted an ordinance on May 30, 1861, that called upon all the counties in the State to appoint a “home guard of minute men” for local defense, until regular military regiments could be raised and deployed. These Home Guard units would be comprised of old men and boys who were not eligible for normal military service. Like the Militia, the Home Guard units were organized at the County Level, with companies being supplied by each township. Originally these units were intended to be separate from the state militia. Most counties presumably complied with the law, but records of only a few of these 1861 home guard organizations can now be found. The Independence County Home Guard was established in accordance with this new ordinance. The Independence County Court, in special session, established and made appointments to the local home guard organization on June 29, 1861. Subsequent appointments were made in July, October and November of 1861. About 220 men were appointed in all the townships of the county. Virtually all of them were property owners, many quite prominent and wealthy, and, as far as can be determined, all were over the conscript age. Some were quite elderly. Despite their age, wealth and social position, many of these home guards later served in regular Confederate units in the latter part of the war, especially in Dobbin’s and Morgan’s cavalry regiments. John Farrell Allen was appointed General Commander of the Independence County Home Guard

Under the plan laid out by the Secession Convention and later the State Military Board the defense of Arkansas would be provided by:

Regiments of State Troops (which would be transferred to the Confederate Army)

Militia Regiments, and

Home Guard units.

The speed with which the State Army was organized worked to the detriment of the regular militia. The Secession Convention had intended for the militia to remain separate from the Confederate forces. The existing militia organizations were to be retained as a source of manpower and a last ditch defense network. However, the local militia commanders frequently volunteered their existing forces rather than organize separate Confederate companies. ^[112]

Efforts to mobilize the state's forces were subject to the Military Boards own competing interest. The board recognized the need to quickly mobilize troops to defend the state, but wished to avoid as much of the cost for the mobilization as possible. Additionally the Military Board feared that troops raised to defend the state would be diverted into the eastern theater of operations. This concern quickly proved valid. The board made a decision not to mobilize the existing Arkansas State Militia. Instead, the board began organizing new regiments of "State Troops". The regiments are also referred to a Volunteer Regiments in State Records from the period. The board, fearing the loss of units to the Confederate army initially attempted to keep the militia units separate from the new State Troop Regiments which were forming for the Army of Arkansas. The militia units would maintain a separate identity from the State Troops and Confederate troops until the Spring of 1862 when most former militia units conducted final musters and then enlisted in new Confederate units. ^[113]

The board immediately dispatched Christopher C. Danley of Little Rock to Richmond to open negoations with the new Confederate government for the transfer of State Troops to the Confederate government. The Board immediately issued a call for 10,000 troops (10 Regiments).

Much confusion exists in tracking the formation of military units during the initial months of the war due to the fact that several different governments, with competing interest were raising troops within the state. The State Military Board was raising units which it hoped to transfer in to Confederate Service. Various individuals, some with direct permission from the Confederate War Department or other Confederate authorities organized regiments strictly for Confederate Service, with no actual connection to the state. Various Home Guard and Militia unit continued to operate under the authority of local and county governments.^[114]

The Military Board developed its own plan for numbering the regiments of State Troops which were raised, but this plan was apparently ignored by the new Brigade Commanders, who tended to number regiments sequentially based upon the date they were sworn into state service. The plan was also ignored by Confederate authorities who renumbered the Regiments of State Troops when they were transferred into Confederate service, based on the date they were sworn into the Confederate Army. The result is a great deal of confusion regarding the designation of any particular Arkansas unit.

The Volunteer companies which had converged on the state capitol for the seizure of the Federal Arsenal were organized into new Regiments of State Troops.

The 1st Arkansas, State Troops, was commanded by Colonel Patrick R. Cleburne was one of the first regiments created from the initial wave of volunteering units and was mustered into state service at Mound City on May 14, 1861.. The new regiment was designated at the 1st Arkansas Infantry, State Troops, and was initially mustered into the Confederate Army as the 1st Arkansas Infantry, Confederate States Army. Later it was determined that another regiment had already received the designation. The unit recognized by the Confederate Army as the 1st Arkansas Infantry was commanded by COL James F. Fagan.^[115] COL Fagan had served as a Lieutenant with the Arkansas Regiment of Mounted Volunteers, Company C, during the War with Mexico. This regiment was not composed of former state militia troops but was recruited directly for Confederate service, and left the state for the Easter theater and was mustered in to confederate service in Lexington, Virginia..^[115] 1st Arkansas, CSA and COL Cleburne's 1st Arkansas State Troops, was redesignated as the 15th Arkansas Infantry.^[115], but the confusion did not end there, because a total of three Arkansas Infantry regiments were eventually named the "15th", the first being the aforementioned 1st Arkansas State Troops commanded by COL Cleburne The new 15th Arkansas moved into camp with the 2nd Division of the Army of Arkansas, under the field command of Major General yell, in Pocahontas.

This new Army of Arkansas was to consist of two divisions, the First covering western Arkansas and the Second in the eastern half of the state. A major general was to command the Army, while each division was to be under the command of a brigadier general.

Each regiment was to consist of six to ten companies. As was tradition, company officers were elected by the men and regimental officers were elected by the company officers. ^[116]

Brigadier General Thomas Bradely who initially commanded the eastern or 2nd Division was quickly relieved of command after a dispute with COL Cleburne. MG Yell assumed command of the 1st (Eastern) Division and had the following units under his direct command:

1st Arkansas State Troops, (15th Arkansas Infantry, Confederate States Army)

2nd Arkansas State Troops, (2nd Arkansas Infantry, Confederate States Army)

5th Arkansas State Troops, (5th Arkansas Infantry, Confederate States Army)

6th Arkansas State Troops, (6th Arkansas Infantry, Confederate States Army)

7th Arkansas State Troops, (7th Arkansas Infantry, Confederate States Army)

8th Arkansas State Troops, (8th Arkansas Infantry, Confederate States Army)

Borland's Arkansas Cavalry Regiment

Phifer's Arkansas Cavalry

and three companies of artillery under Shoup.

BG Pearce assumed command of the 1st (Eastern) Division and had the following units under his direct command:

3rd Infantry, Arkansas State Troops. (Garrott's Regiment)

4th Infantry, Arkansas State Troops.

5th Infantry, Arkansas State Troops (Dockery's Regiment)

1st Cavalry, Arkansas State Troops

Pulaski Light Artillery, of the 13th Arkansas Militia Regiment.

On July 14, 1861 Confederate Brigadier General William J. Hardee arrived in Little Rock to assume unified Confederate command in the state. The following day the state Military Board signed an “Article of Transfer,” which provided that all state forces (excepting the militia), some 10,000 men, would be transferred on a voluntary basis to the command of the Confederate States of America. All weapons, ammunition, and supplies were also to be transferred. ^[117] Before the transfer could take place, Arkansas state troops got their first taste of real battle.

Brigadier General Pearce, who lived in Benton County, established his divisional headquarters, Camp Walker, at nearby Maysville. Thus when a Union army began operating around Springfield in Southwest Missouri, Pearce's state troops were nearby. Brigadier General Benjamin McCulloch assembled Pearce's 2,234 troops, along with about 8,000 other soldiers from several commands, to form a sizable force and immediately marched toward Springfield. On August 10, 1861 Brigadier General Nathaniel Lyon, the forceful commander of Union troops in Missouri, attacked the Confederates. The ensuing day-long battle witnessed heavy fighting on a number of fronts. During the battle Colonel William E. Woodruff, Jr., commander of the “Pulaski Light Artillery,” engaged in a fierce artillery duel with Captain James Totten, who had only a few months earlier surrendered the Federal Arsenal at Little Rock. Captain Totten found himself with an opportunity to gain revenge, and his cannons roared throughout the day. ^[118]

The Battle of Wilson's Creek came to an abrupt and inglorious halt when the Union commander was killed. Leaderless and outnumbered five-to-one, the bluecoats fled the battlefield. The Arkansas troops played a major role in winning the battle, but paid a heavy price for victory. Two Arkansas units suffered particularly heavy casualties. Colonel Thomas J. Churchill's 1st Arkansas Mounted Riflemen counted forty-two killed and 155 wounded out of 600 men. Colonel John Gratiot's 3rd Arkansas Infantry, State Troops, suffered 109 casualties, including twenty-five killed, out of a force of 500 men. ^[119]

Shortly after the Battle of Wilson's Creek, Pearce's troops were polled as to whether they wanted to be transferred to Confederate command as had been arranged prior to the battle. Brigadier General Pearce actively campaigned agaist joining the Confederate States Army. Sources differ as to how many of these Arkansas state troops agreed to the transfer, however, it appears that few were willing to continue in either service. Colonel Gratiot's command voted in masse against the transfer, and they were marched back to southwest Arkansas where they were mustered out. By the end of August 1861, all organized state troops had either been transferred to Confederate command or mustered out. ^[120]

The 45th Regiment Arkansas Militia was the militia regiment of Searcy and present-day Stone counties. It is also the only militia regiment known to have been called up during the war for a specific mission. Confederate and State authorities became increasingly concerned about a shadowy organization in north-central Arkansas known as the Peace Society. The Peace Societies were largly Union Sympathizers who felt that the large slave holding planters of souther Arkansas and the deep south had cause teh war and advocated that they should be required to bear the burden of the conflit. Govenor Rector ordered the round up suspected Peace Society members in Searcy and Van Buren counties, and the Searcy County militia—the 45th Regiment—was called up to to do it.

The regiment mustered on November 26, 1861, at Burrowville (now Marshall), and spent the next few weeks identifying and apprehending suspected Peace Society members throughout the mountains of north-central Arkansas. Finally, in mid-December, the regiment “escorted” their prisoners to Little Rock, where most of them were forced into Confederate service. Companies I and K of Marmaduke’s 18th Arkansas (later 3rd Confederate) regiment were composed primarily of men rounded up by the 45th Militia.

Their mission completed, the regiment returned to Searcy County and mustered out on December 20, 1861. The next spring, most of them enlisted in the 27th and 32nd Arkansas regiments.

Between July 2 and August 1, 1861 eight regiments were organized by the Military Board. By November 1861 Governor Rector could report that twenty-one regiments had been raised, a total of 16,000 men, and an additional 6,000 men were soon to be in the ranks. ^[121]

With the transfer of command to Confederate authority, most Arkansas troops were sent into service east of the Mississippi River. Arkansas soon found itself virtually defenseless. By insisting that all state troops have the right to approve their transfer to Confederate service, state authorities had effectively killed the chance of raising a large unified force in the state. Governor Rector's newspaper charged: “The Confederate government has abandoned Arkansas to her fate.” ^[122]

The Confederate Government in Righmond reacted to Arkansas's complaints by dispatching Major General Earl Van Dorn to the State. MG Van Dorn immediate demanded that the State Military Board raise and addtional 10,000 troops. These new Volenteer Regiments raised by the State Military Board in the fall of 1861 and winter of 1862 were formed into MG Van Dorn's new Confederate Army of the West. MG Van Dorn utilized these new Volenteer Regiments during his ill fated March 7–8, 1862 attack on the Federal Army of the Southwest near Elk Horn Tavern in what would become known as the Battle of Pea Ridge. Following his defeat at this battle, MG Van Dorn moved his army east of the Mississippi to assist with operations near Corinth, Mississippi. This resulted in Arkansas once again being left virtually defenssless in the face of a continued threat of invasion.^[123]

Furious with the authorities in Richmond, Governor Rector threatened to withdraw Arkansas from the Confederacy. When Arkansas' Confederate congressional delegation joined Rector in demanding defense for Arkansas, President Jefferson Davis in the summer of 1862 created the Trans-mississippi District, made up of Arkansas, Louisiana, and Texas. Major General E. Kirby Smith was placed in command, with headquarters at Shreveport, Louisiana. Major General Thomas C. Hindman, a resident of Helena and a forceful commander, was named to command the forces in Arkansas. Facing the immediate threat of Federal occupation, General Hindman insisted that the state Military Board transfer all remaining state troops to Confederate service. Rector, having won the battle with Richmond and facing staggering costs in maintaining a state army, was in no position to refuse. On June 2, 1862 Rector issued a proclamation noting that it was “essential that but one military organization shall exist within the Trans-Mississippi Department” and transferred all state forces to Confederate command^[124]

It appears from surviving records that the Arkansas State Militia Regiments conducted one final muster in the early spring of 1862. While no clear order directing a final muster has been located it seems that following this muster, most able bodies men joined one of the newly formed Volunteer Regiments. It may be that the Militiamen decided it was better to enlist enmass and remain together than to wait for force concription, under new Confederate Conscription laws. Whatever the reason, final muster rolls for several militia units exist. In many cases, names on these rolls match susquent enlistments in new Volenteer Regiments being raised in the Spring and Summer of 1862^[125]:

Hindman wasted absolutely no time in trying to correct the complicated situation in Arkansas. The general at once began to raise a new army. Relying upon a recently adopted Confederate conscription law, he drafted large numbers of men. With Federal troops only thirty- five miles from Little Rock, Hindman was forced to take drastic measures. While on his way to Little Rock he had “impressed” one million dollars from Memphis banks. At Helena he raided the stores, confiscating supplies ranging from medicine to ammunition, all of which he loaded on impressed steamboats. These actions, although of doubtful legality, continued once Hindman reached Arkansas. Professor Michael Dougan has written that Hindman took “stores of all kinds” from citizens, even going so far as to raid the State Library to obtain paper for making cartridges. Finally, he burned thousands of bales of cotton to prevent their falling into enemy hands. ^[135]

Besides attempting to organize a strong force of regular Confederate troops, General Hindman used the conscription laws to create “home guard” units. The Confederate conscription statues required that boys of seventeen years and men between forty-five and fifty serve in home guard units, similar to the traditional militia. ^[136] On June 17, 1862 Hindman issued General Orders Number Seventeen, providing that “for the more effectual annoyance of the enemy...all citizens of this district, who are not subject to conscription, are called upon to organize themselves into independent companies.” In the thoroughness that typified Hindman, he even suggested the types of operations which the home guards should carry-out:

"Their duty will be to cut off Federal pickets, scouts, foraging parties, and trains, and to kill pilots and others on gun-boats and transports, attacking them day and night, and using the greatest vigor in their movements. ^[137] Although the home guard units were similar to the militia, the Federals accused Hindman of legalizing bushwhacking. It is true that many of the men who joined the home guards merely used the organization as an excuse to pillage isolated farms and villages. Northwest Arkansas, in particular, suffered at the hands of these guerilla bands. ^[138]

The home guards proved to be popular with Confederate sympathizers in Arkansas. The primary reason for this popularity was the fact that these units could not be sent out of the state without the consent of state authorities. While some of these groups did engage in informal guerrilla activities, others were well organized and competently commanded. ^[139]

In September 1863 Little Rock was captured by Union forces and the Confederate state government fled to Washington, located in Southwest Arkansas. From that point, effective Confederate control was limited to the southwest corner of the state. However, home guard units and guerrilla bands did continue to mount frequent raids. For all practical purposes, though, Arkansas had been captured and was ready for a new unionist government.

That new loyal government was led by Isaac Murphy. Murphy had gained fame, and no small degree of hatred, by his firm refusal to vote for secession during the state secession convention. In early 1864 a convention was held in Little Rock to draft a unionist state constitution. On March 14 the document was approved by the available voters; Isaac Murphy was shortly thereafter elected governor. ^[140]

Among Murphy’s first acts was to call for the formation of a loyal state militia. With bushwhacking running rampant in the state, it is no wonder that Governor Murphy would create a militia force. On May 31, 1864 the legislature adopted Act Number Nineteen, which provided for the creation of “a loyal State militia.” This legislation stipulated that “none but loyal and trustworthy men shall be permitted to bear arms in said organization.” So that the legal militia could be easily separated from the guerrilla forces, the act required each militiaman to “wear, as a mark of distinction, and for the purpose of being recognized at a distance, a band of red cloth [three] inches in width, to be worn on their hats, or in the most conspicuous [sic] manner....” Governor Murphy was authorized by the legislature to solicit ten thousand stands of arms from the Federal authorities to supply the militia force. Albert W. Bishop, a lieutenant colonel in the 1st Arkansas (Union) Cavalry, became Murphy's adjutant general. ^[141]

Using United States Army officers to oversee recruitment, the new militia slowly took shape. Recruitment was most effective in strong unionist areas, especially northwest Arkansas, and in areas where a large Federal garrison could provide assistance. By the end of September 1864 militia drills were being held at Little Rock and Fort Smith as well as other points. In Little Rock authorities ordered businesses to close during the three-hour weekly drills in order to encourage full attendance. ^[142]

The rural areas of Northwest Arkansas, which experienced continual depredations by guerrilla forces, witnessed the formation of paramilitary organizations akin to, but different from, the Militia. Portions of the area had been stripped of productive farms, given the roaming bands of bushwhackers and Federal troops who frequently impressed food and supplies. Thus, a large percentage of the population faced starvation. As early as 1863, well before the formation of the Murphy government in Little Rock, Colonel M. LaRue Harrison, a Unionist commander and the man after whom the city of Harrison would be named, formed what came to be known as “Farm Colonies.” These colonies would serve both a military and agricultural purpose. The colonies organized Militia companies composed entirely of farmers, which would be expected to cultivate the land and protect it also. ^[143][144]

Current Arkansas National Guard units do not trace their Lineage and Honors to any of the units that participated in the Civil War. This is due in part to the lack of organization and record keeping at the state level both before and after the war, and in part due to confusion over which unit is which. Several Arkansas Confederate units went on to win acclaim, particularly the 1st Arkansas Infantry which served in the Confederate Army of the Tennessee and the 3rd Arkansas Infantry which served in the Confederate Army of Northern Virginia under General Robert E. Lee. However the 3rd Arkansas Infantry, CSA, had no connection to the peace time militia organizations in the state of Arkansas before or after the Civil War, so when the veterans of the 3rd Arkansas laid down their rifles at Appomattox Court House in April 1865, their history and traditions pasted out of existence with them. In contrast to other southern states whose current National Guard units are awarded the campaign participate credits for their units participation in the various campaigns and engagements while in Confederate service, no current Arkansas National Guard Unit has Campaign Participation Credit for the period of the Civil War.^[145]

For more information on the Civil War in Arkansas, see the following Wikipedia Articles:

• Arkansas in the American Civil War
• List of Arkansas Civil War Confederate units
• List of Arkansas Union Civil War units