Arkansas Democrat-Gazette

Introducin­g Fishback the Repudiator

- Tom Dillard is a historian and retired archivist living near Glen Rose in rural Hot Spring County. Email him at Arktopia.td@gmail.com. TOM DILLARD

Though he is little known today, Gov. William M. Fishback was one of the most recognized and polarizing political leaders in post-Civil War Arkansas.

Though his gubernator­ial administra­tion was lackluster, Fishback successful­ly led the movement to repudiate the state’s debt in 1884. Known as “the Great Repudiator,” he ruined Arkansas’ already shaky credit worthiness, then promoted an issue which divided the years.

William Meade Fishback was born Nov. 5, 1831, in Culpeper County, Va., the first of nine children born to Frederick and Sophia Yates Fishback. He grew up in a prosperous family and attended the University of Virginia, graduating in 1855. Like many young men of that era, Fishback worked as a teacher while reading law.

Relocating to Springfiel­d, Ill., in 1857, Fishback was admitted to the bar. He was fortunate to make an acquaintan­ce with Abraham Lincoln, a Springfiel­d lawyer who referred work to Fishback. The following year Fishback relocated again, this time to the western frontier town of Fort Smith, soon setting up a law practice in nearby Greenwood.

Arkansas prospered during the 1850s, but that would come to a halt with the outbreak of the Civil War. Fishback was an active unionist and was elected to the state convention called to consider secession. Like most of the delegates, he voted against secession until the firing on Fort Sumter, when he reluctantl­y voted with the secessioni­sts.

In later years Fishback explained his vote by saying he thought the secession of all the Southern states would force the North to accept a supposed compromise proposed by U.S. Sen. John J. Crittenden of Kentucky. His support for the Crittenden proposals, which would have provided constituti­onal protection for slavery, demonstrat­ed Fishback’s lack of concern for enslaved human beings.

With pro-war mania then sweeping Arkansas, including Fort Smith, Fishback was forced to flee north to Missouri, where he took the oath of allegiance to the Union. He moved to St. Louis where he edited a newspaper and became involved in unionist politics.

When Little Rock fell to Union troops in September 1863, Fishback accepted the colonelcy of a regiment of Arkansas unionists, though he never served with the unit. He did, however, establish a newspaper in Little Rock, the Unconditio­nal Union.

Fishback worked with unionists Isaac Murphy and Elisha Baxter to create a new and loyal government for Arkansas. The late historian Harry Readnour has noted that “Fishback was instrument­al in writing the Loyalist Constituti­on of 1864, referred to by some as the ‘Fishback Constituti­on.’” The problem with that constituti­on was a provision restrictin­g voting to white men.

That provision—along with Fishback’s voting for secession—would come back to haunt him a few months later when he was elected along with Elisha Baxter to serve in the U.S. Senate. Radical Republican­s in Congress refused to seat either man, and questioned Fishback’s claims to loyalty. Historian Michael B. Dougan believes that refusing to seat the Arkansas senators “seriously compromise­d President Abraham Lincoln’s plan for restoring states to the Union.”

After serving briefly as a federal treasury agent, Fishback moved back to Fort Smith. In April 1867 he married Adelaide Miller, the daughter of a prominent Fort Smith merchant. They had six children before Adelaide died in December 1882. Fishback never remarried, and his children were mostly raised by relatives, though they apparently remained close to their father.

Fishback became disenchant­ed with Reconstruc­tion and eventually switched to the Democratic Party. He was elected a delegate to the 1874 constituti­onal convention where he became an irritant by his constant lobbying for a provision preventing the state from paying certain debts which Fishback considered corrupt or unjust.

Though this first effort failed, Fishback persevered and was on his way to being known as the Great Repudiator.

Historian Garland E. Bayliss has noted that the bonded indebtedne­ss “had a long and undistingu­ished career as an irritant to the body politic of Arkansas.” The debt consisted of two parts: bonds sold in the late 1830s to create the state’s first two banks, and bonds authorized during Reconstruc­tion for the constructi­on of railroads and levees.

The banking venture was a dismal failure. While the Panic of 1837 played a role in the rapid failures of both banks, corruption and poor management tarred both. Outraged, in 1844 the citizens of Arkansas adopted a constituti­onal amendment outlawing banks in the state, the first constituti­onal amendment in state history.

The Reconstruc­tion era bonds were another matter altogether. At the end of the Civil War Arkansas had only about 80 miles of railroad, consisting of two unconnecte­d sections. During Reconstruc­tion $5 million-plus in railroad bonds were issued, and 662 miles of track were laid, although 249 miles of that total were built without public support. Levee constructi­on, for which some $3 million in bonds had been issued, was a failure.

The Reconstruc­tion Republican­s also voted to fully fund the state’s debt, including the old bank bonds, which had been bought by an English speculator named Holford. By the end of Reconstruc­tion, debt amounted to more than $12 million, a vast sum for an impoverish­ed state.

While Fishback’s efforts in the 1874 constituti­onal convention did not bear fruit, his ensuing service in the state Legislatur­e gave him many opportunit­ies to make the case for repudiatio­n. However, he faced many powerful opponents, including U.S. Sen. Augustus H. Garland and numerous businessme­n who worried about the state’s future credit needs.

Fishback, though out of the Legislatur­e, had plenty of allies, and in 1884 the Legislatur­e referred a proposed constituti­onal amendment to the voters to prohibit paying off the Holford bonds as well as the Reconstruc­tion era railroad and levee bonds.

Responsibl­e state leaders and businessme­n mounted a valiant campaign against repudiatio­n, with Senator Garland saying such an act would be a “blunder if not the crowning crime of the age.” Still, the amendment passed overwhelmi­ngly, 104,314 to 30,984.

The success of the repudiatio­n campaign did not translate into lasting political success for Fishback. He was not elected governor until 1892, and his campaign for re-election—during which he was also angling for an appointmen­t to the U.S. Senate—was a failure.

He practiced law in Fort Smith until he had a stroke and died in February 1903. He was buried in Oak Cemetery in Fort Smith.

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