Home

     William W. Wilshire served as chief justice of the Arkansas Supreme Court for only three years, but his political career spanned a longer period that included Reconstruction and its aftermath. Wilshire was born in Illinois in 1830 and began reading law in 1859, but his legal studies were cut short by the outbreak of the Civil War. He recruited a company of infantry that eventually became a part of the Federal army that captured Little Rock in 1863. He left the army in 1864 but returned to Little Rock after the war ended and was admitted to the Arkansas bar in 1866. Two years later, following the adoption of Constitution of 1868, the Republican Party assumed political control of the state. Under that constitution the governor appointed the chief justice of the supreme court, and newly elected Governor Powell Clayton named Wilshire to the post. Wilshire served as head of the high court until February 1871 when he resigned during a bitter political struggle that pitted Governor Clayton against his own lieutenant governor, James M. Johnson.
     By the 1872 general election the Arkansas Republican Party had split into two factions. The regular Republicans nominated a ticket headed by Circuit Judge Elisha Baxter while a reform wing of the party nominated Joseph Brooks for governor. Wilshire ran for Congress on the regular Republican (i.e., the Baxter) ticket. In an election marred by numerous irregularities, Baxter narrowly defeated Brooks. After assuming the governor's office Baxter issued election certificates to the other candidates on the regular Republican ticket including Wilshire. Although Wilshire's Democratic opponent contested the election, Congress seated Wilshire while the contest was considered.
     Meanwhile, Brooks attempted without success to contest Baxter's election in federal court, the legislature, and the state Supreme Court. Baxter soon managed to alienate many of his regular Republican supporters, and on April 15, 1874, Brooks persuaded a compliant Pulaski County circuit judge to issue an order ousting Baxter from office. Armed supporters of both candidates rushed to Little Rock and squared off along Main Street. In Washington most members of the Arkansas congressional delegation announced support for Brooks, but Wilshire sided with Baxter. The former chief justice wrote a letter to President Grant attacking the legality of the circuit court's order and persuaded the House to adopt a resolution asking the president to keep it informed of communications with Brooks. The Brooks-Baxter War ended quietly on May 15, 1874, when President Grant issued a proclamation declaring Baxter the governor.
     Wilshire returned to Little Rock on May 27, 1874, and was met at the train station by a marching band and enthusiastic crowd. Two days later the Arkansas General Assembly adopted a joint resolution thanking Wilshire for his efforts to uphold "the lawful government of the State of Arkansas." Wilshire's actions were apparently not as popular with some of his fellow Republicans. On June 16, 1874, a sufficient number of Congressional Republicans joined Congressional Democrats in voting to oust Wilshire from his seat in Congress in favor of his Democratic opponent in the 1872 general election. In the 1874 general election, Wilshire ran again for Congress, this time as a "Conservative," and with Democratic support he was elected to the seat from which he had been ousted earlier that year. Wilshire chose not to seek a second term in Congress. After leaving Congress he remained in Washington where he practiced law until his death in 1888. His body was returned to Little Rock and buried in Mount Holly Cemetery. •

This article is provided through the Arkansas Supreme Court Historical Society, Inc. For more information on the Society contact Rod Miller, Arkansas Supreme Court Historical Society, Justice Building, Suite 1500, 625 Marshall Street, Little Rock, Arkansas 72201;
Email: rod.miller@arkansas.gov; Phone: 501-682-6879.

Logan Scott Stafford is Professor of Law Emeritus at the UALR Bowen School of Law. He serves on the Board of Directors of the Arkansas Supreme Court Historical Society, Inc.