Arkansas Supreme Court Historical Society
Elhanan John Searle By Circuit Judge Jim Spears, Twelfth Judicial Circuit
Elhanan Searle was one of the justices of the Arkansas Supreme Court named during Reconstruction under the Constitution of 1868. He was one of the so-called “carpetbaggers” who came to Arkansas with the Union forces during the Civil War and remained to make a life for himself and his family in the “Reconstructed” South. Born on January 18, 1835, at Royalton, Fairfield County, Illinois, Searle was the eldest son of James and Elizabeth Quinn Searle. In 1855 he entered the Rock River Seminary at Mount Morris, Illinois, where he prepared for his college career at Northwestern University at Evanston, Illinois, from which he graduated in 1859 after completing his BA in just three years. He later received an AM degree from the same institution. While at Northwestern he commenced the study of law under General John L. Beveridge of Chicago, who later became governor of Illinois. After completing his law studies in 1859, Searle went to Springfield, Illinois, where he entered the practice of law in the firm of Lincoln and Herndon. This was the law firm of Abraham Lincoln, who was elected president the fol-
28
The Arkansas Lawyer
www.arkbar.com
lowing year. Searle had a close relationship with Lincoln and corresponded with him until Lincoln’s death. Searle enlisted in the Union Army as a private in Co. B, 10th Illinois Volunteer Cavalry in 1861. During the war he rose to the rank of Lt. Colonel and took part in the battles of Cane Hill, Prairie Grove and Fayetteville, Arkansas, as well as Perryville, Indian Territory. He later participated in the battles of Jenkins Ferry and Camden, Arkansas. He was stationed at Fort Smith and served as the Provost at that post. He mustered out of the army on August 10, 1865, at Fort Smith, where he decided to make his home. His wife had previously joined him there, and a son, Charles J. Searle, had been born in that city on May 16, 1865. On February 19, 1866, he was named Prosecuting Attorney for the Ninth Judicial Circuit, which stretched from Sebastian County on the west to Clark County on the east. He was also serving as the United States Commissioner and Assistant U.S. Attorney for the U.S. District and Circuit Courts for the Western District of Arkansas. At some point he relocated to Arkadelphia, which at the time had a greater population and was less devastated by war than Fort Smith, and was named Circuit Judge for the Ninth Circuit. He was, however, the subject of violence that had erupted over Reconstruction policies. There was a reported assassination attempt by the
desperado Cullen Davis, who was reportedly responsible for some 27 murders in that area. There is a story in Clark County Past and Present, which is confirmed by Emeritus Professor Michael Dougan, that Judge Searle held an Arkadelphia newspaper editor in contempt for criticizing the judge’s dissolution of a grand jury. The editor did not conceal his contempt for Searle and upon his release referred to the judge as “His Jackass-ship.” Judge Searle was appointed to the Arkansas Supreme Court by Governor Powell Clayton on July 22, 1872. He continued to serve in that position until the adoption of the Arkansas Constitution of 1874 following the Brooks Baxter War. Searle played a small part in the Brooks Baxter War. Brooks seized the governor’s office after the Pulaski County Circuit Court ruled that he was the legally elected governor. Searle and Justice Bennett were kidnapped by Baxter forces fearing the Supreme Court would convene and confirm Brooks’ seizure of the office. Justice Searle was removed from office with the adoption of the new constitution and returned to Illinois. He contributed much to Arkansas while here. In addition to his service on the bench he served on the State Board of Education and was an original member of the Board of Trustees to the Arkansas Industrial University, which later became the University of Arkansas. Searle practiced law in Chicago and St. Louis and later moved to Pana, Illinois, and Rock Island. He died on August 18, 1906. ■ NOTES Excerpted from “Justice Divided, A Judicial History of Sebastian County” By Judge Jim Spears (unpublished manuscript) (Photo credit, Illinois State Historical Society)