The Medal of Honor is the highest United States military award that can be presented to service personnel who distinguish themselves by acts of valor above and beyond the call of duty.  It is the oldest continuously issued combat decoration of the United States Armed Forces.

First authorized by an act of Congress signed into law by Abraham Lincoln on December 21, 1861, it was the only military award authorized during the American Civil War. Of the 3,530 Medals of Honor that have been awarded, just over 1,200 were awarded for meritorious acts that occurred during the Civil War.

Nine medals were awarded for actions that occurred in Arkansas.

One of those was in the River Valley.

In January 1865, Confederate troops under Colonel William H. Brooks were harassing Union positions and steamboats traveling the Arkansas River between Little Rock and Fort Smith.  To counter the Confederates, Colonel Abraham H. Ryan, the Union commander at Lewisburg (a neighborhood of present-day Morrilton) dispatched a detachment of 276 dismounted cavalrymen from the Seventh Army Corps to Dardanelle.

At 10 a.m. on January 14th, four hours after the detachment occupied stockades commanding roads into town, 1,500 Confederate cavalrymen led by  Brooks attacked the Union troops. The Federal troops, which included artillery of a section of the Second Kansas Battery, held off the attackers for four hours before Brooks, unable to overcome the town’s defenders, broke off the attack.

During the engagement, Sergeant William Ellis of the Third Wisconsin Cavalry was struck three times but stayed at his post.  He only left it when directed by the detachment’s commanding officer, Major J. D. Jenks of the First Iowa Cavalry, after being wounded for the fourth time.

Months later, Ellis was awarded the Medal of Honor. Its citation reads:

The President of the United States of America, in the name of Congress, takes pleasure in presenting the Medal of Honor to First Sergeant William Ellis, United States Army, for extraordinary heroism on 14 January 1865, while serving with Company K, 3d Wisconsin Cavalry, in action at Dardanelles, Arkansas. First Sergeant Ellis remained at his post after receiving three wounds, and only retired, by his commanding officer’s orders, after being wounded the fourth time.

Ellis’s Medal of Honor is commemorated by a panel at the Arkansas Medal of Honor Monument in Little Rock and is mentioned on “Action at Dardanelle” a historical marker by the entrance to the Dardanelle Rock Nature Area.

The full text of the marker says:

Confederates under Col. Robert Brooks, who were testing Union positions’ strength along the Arkansas River, attacked Federal troops at Dardanelle on Jan. 14, 1865. Maj. J. D. Jenks’ 276 Union soldiers fought Brooks’ 1,500 soldiers for 4 hours before the Confederates withdrew. Sgt. William Ellis of the 3rd Wisconsin Cavalry, who was wounded 4 times in the fight, was awarded the Medal of Honor for valor. Dardanelle Rock, a major landmark on the river, is protected today as part of the state system of natural areas.

Dwight Presbyterian Mission was one of the first Christian missions by Americans to Indian tribes, founded in August 1820 on Illinois Bayou near present-day Russellville, Arkansas by Cephas Washburn and Alfred Finney along with two assistants, Jacob Hitchcock and James Orr.  The mission had been requested by Principal Chief Tahlonteeskee of the Western Cherokees after he had visited Brainerd Mission near present-day Chattanooga, Tennesse. After Tahlonteeskee’s death in the spring of 1819, the mission was supported by his brother John Jolly.

Dwight Cherokee Mission, founded in 1820 near present-day Russellville in Pope County.
From a daguerrotype, c. 1842-56

The following article is from an 1822 report to the US Secretary of War.  It provides an interesting view from a period just before the formation of Pope County.

Dwight.¹

This is the name given to the Education Establishment formed by the American Board of Commissioners for Foreign Missions, among the emigrant Cherokees, on Arkansaw river. In June 1820, the two branches of the Family destined for this distant station, having proceeded by different routs, met on the spot destined for their future residence, and scene of labor in civilizing and evangelizing the Indians. Gov. Miller, with whom they had an interview on their arrival, expressed his very cordial approbation of their object, and his readiness to lend them all the aid in his power for its accomplishment.

The site selected for the Establishment, is on the west bank of the Illinois river, a northern branch of the Arkansaw, about five miles from their junction, on a gentle eminence, covered with a growth of oak and pine. At the foot of the eminence issues a large spring of pure water, yielding an abundant supply of this comfort and necessary of life. The Illinois, three fourths of the year, is navigable for keel boats, as far as the Establishment. Above, opposite, and below it, is plenty of excellent bottom land for culture, and conveniently near a good mill seat. From the circumstances mentioned, the situation promises to be very eligible; pleasant and healthful; and is also conveniently near the Indian villages. It is one hundred miles below Fort Smith; two hundred above the Arkansaw post; and about five hundred, as the river runs, from the mouth of the Arkansaw. The first log-house was raised here the 28th September, 1820.

“ The name of Dwight was given to this establishment in affectionate remembrance of the late Timothy Dwight, D. D. LL. D. President of Yale College, who was a warm and devoted friend to Missions, a distinguished and active member of the Board, and the first of that body who died, after its incorporation.”²

The Superintendants of this Establishment, in their last annual Report to the Secretary of War, give to him the following account.

“We all arrived in this country in the month of July, 1820. Sickness, however, with which we were all affected, prevented our entering immediately on the work in view, and has greatly retarded our operations since their commencement. The site selected was a wilderness. The first tree was felled on the 25th of August. Since that time, we have cleared and enclosed with a substantial fence, about twenty acres, most of which is improved the present season. We have also erected four cabins of hewed logs, for dwelling houses; two of which are twenty feet square, with piazzas on two sides, and two are 18 feet by 22, with piazzas on one side. A school house, 24 feet by 36, is nearly completed, constructed on the Lancasterian plan, and designed to accommodate one hundred children. A considerable part of the work is done for a dining hall and kitchen in one building, 24 feet by 68, with piazzas on both sides, and a cellar under it, 24 feet by 40. Aside from what has been mentioned, we have built a corn-crib and stable, and have cleared and fenced a garden, yards, &c.

“ The property, at present belonging to the establishment, consists principally of stock and farming utensils: — three horses, two yoke of oxen, ten cows and calves, between thirty and forty head of swine, two waggons, one cart, ploughs, &c.

“ We have not yet made sufficient progress to enable us to open a school for the instruction of heathen children, but hope to do so in about two months. The number, which will be admitted to enjoy the privileges of instruction, cannot at present be named, as no limits will be set to the extent of benevolent action, except what is involved in the want of means.

The plan upon which the school will be conducted, is similar to that of the schools at Brainerd and Eliot, with which the executive is in some measure acquainted, and which has already received its approbation. The plan requires, that all the children taken into the school, be received also into our family, that they may be constantly under our care and direction. By taking them before their habits are formed, placing them in a Christian family, and teaching them not only the common branches of human learning, but the various kinds of labor on the farm, and in the work-shop; and thereby inuring them to habits of industry, temperance, and sobriety, there will be a foundation laid for their future usefulness, and reason to hope, so far as the influence of such an education extends, that the condition of our aborigines will be essentially improved. This plan of education, embracing a practical knowledge of agriculture, and such of the arts as are suited to the condition of the Indians, on the part of the boys; and spinning, weaving, sewing, and the various kinds of labor in a well regulated family, on the part of the girls; is that which we design to introduce into the school, about to be commenced. We fully accord with the views of government, so far as they are known to us, as to the high importance of teaching Indian children to labor; and not only how to do this to good advantage, but also to feel sensible of the necessity and utility of it in their own case; and to prepare their minds gradually to be pleased with industrious habits and active life. But for the accomplishment of the object contemplated, time, perseverance, exertion, and no small expense, will be requisite; particularly is it necessary, in order to make the Establishment respectable, useful, and permanent, that buildings for various mechanics, a saw and grist mill, and more dwelling and other houses, be erected, and a large plantation cleared, and put under the best cultivation, and farming and mechanic tools, and live stock increased in quantity and variety.

“The actual performance of all this, will require greater means than we can at present expect, unless the benevolent aid and fostering hand of government be extended to us. To this we look with humble confidence, for at least a part of our resources for carrying on the great and highly important work of civilizing a part at least of our long neglected aborigines. To this work we have devoted ourselves for life, desiring and expecting no other earthly reward, than what is experienced in benevolent exertion, having a full conviction of its entire practicability.”

The distressing war, which has raged for some time between these Cherokees and the Osages, has created insurmountable obstacles to the progress and success of the infant Establishments among them. It is asked with deep solicitude, whether the government, if persuasion fails to reconcile these contending nations, as is the fact, ought not, authoritatively, to forbid it? These Indians, as are all others, within, and on the borders of our settlements , being by Treaties, in friendship and under the care of the Government, it would certainly be correct and humane, to interpose by force, if necessary, to stop this shocking warfare in the midst of us. It is chilling and painful to every good feeling in man, to witness such bloody and murderous scenes. But what can we say in condemnation of this savage warfare, while we permit, in open violation of the laws of God and of our country, our own citizens, and these too of the respectable class—law-givers, to attempt deliberately and repeatedly to murder each other, without the effectual interposition of the authority which should prevent it? How can we escape the just judgments of heaven, while such crimes are committed with impunity!

1. Morse, Jedidah. A Report to the Secretary of War on Indian Affairs, Ect. various, 1822. Google Books, accessed December 6, 2021
2. Annual Report of the Missionaries to the Secretary of War, Sept. 1821.

Justices of the Peace “are considered a ‘district’ position and NOT a county official in any capacity.”

“It is the responsibility of the county clerk to make media notifications regarding public meetings.”

Is Jason Muncy qualified to be county judge?

Dear Honorable Pope County Justices of the Peace

I have no idea how many of you have taken the opportunity to go back to read Judge Cross’s editorial from March of 2019. Some of you lived it. Perhaps for some who have read it, it’ll be a good review. Maybe others will learn a thing or two.

At this point in the process, the opening of the Application Submission period was over a month away.

Best Wishes
Mike Goad (rural Pope County)

Pope County Judge Ben Cross
March 23, 2019

In my travels around our county, I am often inundated with questions about a casino coming to Pope County, and I am continually surprised by what is out there on social media in regards to the same. In an effort to educate our citizens on the effects of the passage of Amendment 100, I think it would help to outline how this all began, what has transpired, and where we are now.

How did this all start?

The concept of full casino gaming in Arkansas began over five years ago with the
Downstream Development Authority of the Quapaw Nation and their desire to locate a casino in Pine Bluff in Jefferson County. This led to negotiations with other gaming institutions (Oaklawn and Southland Greyhound Park) to avoid opposition to their intent. The Quapaw subsequently retained the services of a Little Rock law firm to draft language which would stand the scrutiny of the office of Attorney General, as well as, independent legal challenges. In addition to this, the Department of Finance and Administration and legislative groups had to scrutinize the taxing structure and economic viability of casino gaming. The resulting analysis suggested a fourth casino was needed to generate the “cash flow” needed for the state’s general fund.

As time progressed and draft ballot titles began circulating, a mechanism of promoting the idea was needed, hence “Driving Arkansas Forward” was formed with the goal of promoting the passage of what would become Issue 4. As various versions of specified language were developed, one must remember, this was a “citizens initiated act,” not a legislatively initiated act. The initial ballot title was submitted for review on January 5, 2018, by the law firm of Steel, Wright, Gray, and Hutchinson. The ballot title and language of the measure were initially rejected by the Attorney General’s Office, (see A.G. Opinion 2018-001, Page 8 Response, and Page 15 Conclusion), and a subsequent submission was also met with rejection. Proponents of Issue 4 then petitioned the Arkansas Supreme Court to direct the Attorney General to certify their redefined measure in a pleading filed April 20, 2018, (Supreme Court Case # CV-18-342), and the Supreme Court sided with the proponents, ensuring Issue 4 would be on the ballot if the required amount of signatures were obtained. In a response dated May 23, 2018, (A.G. Opinion 2018-068), the Attorney General’s Office certified the ballot title, (see Page 7 Response). In addition to opposition from the Attorney General’s Office, two private groups also filed suit to block Issue 4 in August 2018. Ensuring Arkansas’ Future, representing many faith based groups, and Citizens for Local Choice, based out of Pope County, both filed legal challenges before the Arkansas Supreme Court. Both of these suits were summarily dismissed by the court on September 10, 2018, in a 6-1 ruling against Ensuring Arkansas’ Future and a 7-0 ruling against Citizens for Local Choice. The certifcation of ballot title was the final obstacle to be cleared to allow proponents of Issue 4 to begin gathering the required signatures needed to be placed on the November 2018 statewide ballot.

Since the passage of Issue 4 would change the Arkansas constitution, it became a statewide measure and not a local decision. As we all know, the state of Arkansas passed Issue 4 by a 54% to 46% margin, while Pope County voters voted Issue 4 down by a 60.58% to 39.42% margin. Thus, Issue 4 became Amendment 100, despite the wishes of Pope County voters.

How did Pope County get chosen as a casino location?

Initial versions of Issue 4 had verbiage with casino locations being placed according to certain population counties as identified by the Arkansas Economic Development Commission pursuant to the Consolidated Incentive Act of 2003. This simply means the first version of the amendment stated the casino was to be located in one of the following counties: Crawford, Crittenden, Jefferson, Miller, Mississippi, Pope, Union, or White. Once this version was struck down by the Attorney General, subsequent versions became much more specific. The version ultimately accepted had Pope County as the selection. While keeping in consideration there has to be “space” between markets, so as to not infringe on another gaming entities business, the needle stopped on Pope County.

To support this decision, a market analysis was paid for by the proponents and conducted by an out of state marketing firm from Minnesota. A conclusion was reached with a basis that not one Pope County citizen would ever come through the door. Essentially, would a casino succeed and produce the needed state tax revenues to justify its’ existence without Pope County patronage. The answer was yes. In the gaming industry, the Pope County market fits a niche based on location that doesn’t lend itself to the smallest of markets, nor the “whale” markets, such as Las Vegas and Atlantic City. To further support the marketing decision, an analysis of data collected showed that while Pope County is 13th in population amongst Arkansas’ 75 counties, we are number 3 in the state in online gaming as evidenced by the tracking of I.P. addresses. Additionally, Pope County consistently ranks in the top ten in lottery sales, averaging a million dollars a month in ticket sales. So, “on paper,” Pope County would appear to be a “friendly” market to the gaming industry.

Where is the casino to be located?

Of the vendors who have contacted me, the majority want a location outside the city limits of Russellville. Remember, the amendment only requires it to be within two miles of the Russellville city limits, thus opening up a large segment of potential unincorporated sites, and potentially within three other cities, (London, Pottsville, or Dover).

What casinos have expressed interest in locating in Pope County?

Gulfside Casino Partnership from Gulfport, Mississippi, Warner Gaming from Las Vegas, Nevada representing the Hard Rock Café, Cherokee Nation Businesses from Catoosa, Oklahoma, The United Keetoowah Band of the Cherokee from Tahlequah, Oklahoma, and The Choctaw Casino group from Durant, Oklahoma. Additionally, there are number of groups seeking to operate through a third party interest due to the lack of experience in the gaming industry requirement as established by Amendment 100.

Can Pope County have another election to decide once and for all, whether a casino comes here?

No. While the county judge could call for a special election, it could only be subject to matters of law. The simple question of “do you want a casino, YES or NO” cannot be on a ballot. Law was established with the passage of Amendment 100 on November 6th and cannot be reversed, nor amended, without going through the entire process of another constitutional amendment before the state of Arkansas. I have confirmed this through the Secretary of State’s Office and the Arkansas Election Commission.

What about the “Local Option”?

Pope County voters passed Ordinance 2018-O-42 by a margin of 68.07% to 31.93% which placed a restriction on the ability of the county judge to issue a letter of support to a particular casino vendor without first putting that measure before the voters of Pope County. The language of this ordinance does not offer the question of “do you want a casino?” but rather concerns the act of issuing a support letter alone. Furthermore, in paragraph 3.1 of the ordinance, it states if such election was to be called, it would require “a majority of the registered voters of Pope County,” not simply a majority of votes cast. To put this into perspective, there are 34,792 registered voters in Pope County, meaning 17,397 voters would have to come out to an election, and all 17,397 would have to vote one way. Taking into account only 18,051 people voted in the last general election, you can easily see this is a threshold which can never be attained.

As a side note, you should also know the authors of Amendment 100 placed the language requiring a letter of support from the county judge, and/or mayor if located within the city limits, as the “local option” mechanism to pass the scrutiny of the Attorney General’s Office. This simply means, the office of county judge as the chief executive officer of the county, represents the majority views of the county, and therefore in a representative democracy, has the discretion to act on behalf of those he was elected to represent.

What about the Racing Commission rules adoption?

The Racing Commission approved 318 pages of casino rules at their February 21st meeting. Of particular note is Rule 2.13, paragraph 4, subsection (b) which makes any letters of support for a particular casino vendor come from the sitting county judge at the time of application submission. In conjunction with this, legislation mirroring Rule 2.13 was introduced and passed, becoming Act 371 on March 8, 2019. Interestingly enough, prior to the rule’s adoption process, there was a 30-day comment period advertised by all media outlets in which anyone could give their view on the casino issue to the Racing Commission. After the comment period ended, only 194 people had submitted their views, two of which, were Mayor Richard Harris and myself. In information I received from Mr. Byron Freeland, legal counsel for the Racing Commission, of the 194 letters received, 188 originated from Pope County, with 162 being characterized as “anti” casino and 26 being “pro” casino.

Can an individual, or Pope County as a governmental entity, run its own casino?

No, Amendment 100 clearly states an applicant must demonstrate previous experience in the casino industry to obtain licensing. The rules recently adopted go into much more specific detail regarding and defining what that experience must entail.

How much taxpayer money has Pope County expended fighting the casino issue?

None. The lawsuits filed against the former judge, and myself upon taking office, were subsequently dismissed and never even had an initial hearing. The subsequent lawsuit filed against my predecessor in his individual capacity, and also later dismissed, would have been incurred by the individual and not the county. The only parties who could have potentially been out any money, would have been the plaintiffs.

What happens next?

May 1st opens the application process by which a casino operator may apply for a license in Pope County. The application process is open for 30 days. I can only speculate as to how the future develops, but I anticipate Gulfside Casino Partnership will submit their application with their previously obtained support letter from the previous county judge, during the stated application period. I again speculate, the Arkansas Racing Commission will reject the Gulfside application, triggering litigation which would begin with an appeal to Pulaski County
Circuit Court. The Attorney General’s Office represents state agencies and would defend the Racing Commission in such action while Gulfside attorneys argue their case. Whichever side loses at the Pulaski County Circuit Court level would then appeal to the State Supreme Court. The Supreme Court and its seven justices would then rule on the final disposition of the “rules making process.”

Please keep in mind, the issue of a casino or not, was decided in November and the only items left to litigate are the procedural measures which enact the amendment. In recent days, many of the other interested parties have reached out to me seeking “conditional” letters of support which would only be “triggered” by a casino favorable ruling by the Supreme Court. This, in theory, would essentially allow all parties to compete for the casino if, and only if, Gulfside wins their case. I will not be issuing any such “triggering” letters as I believe this only further subjects Pope County to potential litigation and it circumvents what I have already told all Pope County citizens. While I believe in the concept of fair competition in the business market, the circumstances surrounding the casino measure are best left to the courts to decide.

Will the casino issue ever just go away?

No. Amendment 100 states there “shall” be four casino licenses issued. The “where and when” is what is still to be determined. The entire marketing and taxation model is literally banking on it. We all just saw legislation passed devoting $35 million dollars in casino revenue to the highway fund, and the needs in state general revenue are based on all four casinos being operational.

When you look from the casino industry standpoint, and you have the opportunity to open your business with a license for life, no threat of competition, and some of the lowest gaming tax rates in the nation, then this fourth casino license becomes virtually priceless.

If you take the word “casino” out of the equation and just operate as business ”XYZ” and you’re assured of millions of dollars in profit, no one to compete against; and as long as you follow the rules, you get to keep your business for not only your life, but also your heirs and successors, then you have achieved the ultimate legal monopoly. Hence, the term “priceless.”

What is an EDP?

An Economic Development Plan (EDP) is a term the gaming industry uses to encompass what benefits they pledge to a community in addition to being a corporate taxpayer. An example would be the recent over of 20 million dollars over twenty years to area schools by Gulfside casino partnership. An EDP proposal is commonplace in the industry as a means to show community involvement and examples presented to me were mostly infrastructure related.

Could we get “stuck” with an “Indian” casino?

First, there is no such thing as an “Indian” casino once they step foot into the state of Arkansas. The casinos owned by Native Americans become just another limited liability corporation (LLC) once they start a business in Arkansas. They pay the same tax rates and are afforded no special privileges in our state. The only place where Native American tribes enjoy preferential operating status is in a 15 county area in northeast Oklahoma. The notion that Native American tribes will “bus in people for construction and take all their money back to Oklahoma” is simply untrue. Likewise, is the notion, “they will just throw up a metal building and begin operating their casino.” Frankly, the Cherokee have presented the most economically beneficial and most open EDP to date. Additionally, they have provided financial stability to back up what they say and have presented architectural renderings of a facility that are quite staggering, and look nothing like what one would associate with their operations in Oklahoma; in fact, it looks nothing like a casino at all.

Amendment 100 clearly states the casino vendor must demonstrate an initial investment of 100 million dollars. The vendors so far have presented proposals far in excess of that figure and none have involved a metal building. This should not in any way be construed as any form of endorsement of the Cherokee over anyone else, or a casino in general for that matter, it should simply further clarify fact from fiction.

Conclusion Summary:

The entire casino issue is far from over and, at this point, only litigation will determine the outcome. The state legislature has made it clear they do not intend to address the issue of moving the casino with the uncertainty of the effect on all other constitutional amendments. Senator Ronald Caldwell, Chair of the State Agencies and Governmental Affairs Committee, made such action explicitly clear in a letter he authored on February 11th to Johnson County.

One proposed solution being floated by the gaming industry is to put this back before Arkansas voters in 2020. This can be achieved two ways: another individual initiated act, or, as one of the three referred acts the legislature is allowed to present to the voters. Only time will tell as to the viability this option. Currently, the legislature has filed a total of 46 proposed referendums by joint resolution to the constitution, 17 in the Senate and 29 in the House. Only one is related to casinos, Senate Joint Resolution 13, which is currently by title
only without content.

My intent in penning this article was to provide you with the general overview of the “casino issue,” not to take a side or interject personal feeling. As the only person in Pope County with the power to decide whether or not a casino comes here, I take the responsibility very seriously and objectively look at all sides. I meet with every casino operator who comes to town, and have developed a courteous professional relationship with each. It would be naïve and derelict on my part, to stick my head in the sand and pretend the issue will go away. Therefore, I feel I should be the most informed person in Pope County on casinos, and the only way to do that is being able to have an open dialogue with all potential operators in a mutually respectful environment. If I ran every casino vendor out of my office, I would be left uninformed, and more importantly, unprepared.

If the courts were to rule in favor of the gaming industry and come down with what amounts to a “thou shall have a casino” ruling, then is not the time to just start learning who all the players in this scenario are. Because if that were to occur, and I am forced to carry out the wishes of the court, I want the absolute best possible vendor for Pope County in such an outcome.

That being said, my position has not, and will not change. My pledge to you was to uphold the will of the voters of Pope County until such time as the courts may direct me otherwise. The last three years of my law enforcement career put me within five miles of two casinos on a daily basis. I have seen firsthand, the effects of their presence in a community.

My position as county judge would have been as equally diffcult had the vote in Pope County gone 51% in the other direction, because I would have just as stringently upheld the will of that majority, and fulfilled the will of the people in that instance as well. Our institution of a representative democracy demands it. I also recognize the potential economic benefits a casino presents, hence the reason I feel it is my due diligence to continue an open dialogue with all potential vendors should I be faced with ultimately having to select one.

I hope this has been informational and educational to everyone as we navigate through this as a community, and I would ask that as neighbors and friends, we all strive to agree to disagree on those issues that may cause concern, but to do so with mutual respect to one another.

Respectfully,

Ben D. Cross

Pope County Judge

by Kelly Goocher

They take casino money for their needs, but deny the people of Pope County!

by Kelley Goucher

A well-sourced rumor has it that Knight and Stiritz were personally calling the JPs and that there were communications from John Burris asking that the JPs listen to what was going to be presented.