New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-04
THE ARKANSAS SCANDAL.

The threatened conflict in Arkansas, after
the danger had once been apparently averted,
is more imminent now than ever. When
Gov. Baxter dismissed some of the officers of
the State militia, surrounded himself with
trusty friends, and posted sentinels at the
approaches to the Executive quarters, the
Clayton party in Little Rock laughed at his
fears, and told us that Mr.. Baxter trembled
at his own shadow. But they have now de-
veloped their line of attack, and If Gov. Bax-
ter wants to keep his place, it is quite pos
siblo he may have to keep it by violence.
The Acknowledgement has applied for q writ
of 0uO uarranto to test his title to the Office,
and the intention is as we have already ex-
planned, to suspend him from the exercise of
his functions by an injunction, during the
progress of the trial, and install the Lieuten
ant Governor in his place.
The most scandalous feature of this case is
that the Governor is to be prosecuted and de-
posed by his own accOmplices. All the gen
tlemen of the jury chad some of the pork"
1t is morally certain that the Liberal and
Democratic State ticket was elected by large
majority last November, but under the direc-
ton of Senator Clayton the Administration
candidates were counted in. That fraud
placed Gov. Baxter Lieut. Gov. Smith, Attor-
ney-General Yonley, and two of the Supreme
Court Judges in power, and gave the same
faction majority in the Legislature. If one
was illegally returned, all were so. The returns
for the GOvernorsbip were contested by the
excluded candidate, Mr.. Brooks, but the Leg
slature refused to entertain the case,
and then adjourned. 1t was after this that
l..
the present scheme was devised for putting
Mr.. Brooks out of the way. It is serious
question whether any power resides in the
Court to make the inquiry thus called for.
The person in possession of the governOrship
holds the formal certificate of election, rati-
fed by the action of the Legislature, and if
court of law can go back of these evidences
of authority to inquire into the circumstances of
the election and the fairness of the counting, it
can overturn the whole State government, itself
included. But If it could do so in any case,
there is peculiar absurdity in the attempt at
Little Rock Practically the Attorney General
avows himself no Attorney General, asks two
Judges to be kind enough to examine and de-
eide that they are not judges, and moves that
Mr.. Baxter be declared not entitled to the
ROVernOTbnlpt anu uepOSeu 10 make way 10r
Mr.. Smith, who received still fewer votes, and
has consequently still less right 80 to speak, than
Mr.. Baxter. In fine, q decision adverse to the
acting governor would be morally equivalent
to a decision that the whole State administra-
ton is illegal, that the prosecution had no
right to prosecute. aud the court had no
right to try.
1t cannot have escaped Senator Clayton's
notice, however, that the courts in Louisiana
went outside their jurisdiction to upset one
State government and establish another, and
that they were sustained by tho army under
instructions from the President of the United
States, even after the gross ilegality of their
action had been exposed in the Senate. He
has proved an apt scholar, and wo are not at
all surprised at the course he has instigated
his partisans to pursue. With Mr.. Baxter of
course we can have no sympathy. He has
been intruded into place to which he was
not elected But because he was unfairly
elevated to Office that is no reason why he
should be illegally deposed. The contempt
for constitutions and statutes, the peryersion
of legal forms, which have become 80 common
of iate in our political conflicts arc tho