Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-05-19
, Clear statement Of the Dlfaeulties Of
gOYernOr Baxter-Hts Past and
Present Position.
Thoroughly IadOrsed by the Legislature
and by the People - Brooks
Must Stand Aside.
Il Won't Do TO swap Horses Crossing
the Stream - Baxter Is Doing
WeI-Let him Alone.


Who wishes the good of the whole state
md all its people, aud who Is not mere
ambitious demagogue, will thank him
or the manly aud timely stand he has
AIKEN against those who would have re-
ieved him from office upon a mere pre-
,ext-because hew0uld not do their bid
iing-forr the purpose of bestOwing it'll
Ipon another, whose title to the sue
,ession is not more valid than his, but
who would be more conplaisant to
heir wishes-more plant in forward
ing their schemes. The governor has
acted promptly, vigorously and effect
lally In sc0tching the snake, and if he
but persist a little further in the same
line Of policy, he will have broken its
back. 4
GOVERNOR BAXTER's SITUATION
Uss most anomalous. He was declared
elected and installed in Office by the Re
nnblicans. over the protests of the DEM
6cratic and reform members of the legis- |
Isture. and in the face of their assevera-
tions that his election was the result of
the most stupendous frauds, at and after
the holding of the election. The laws |
of the State provide the mode of trying
and deciding contests for the office of
governor, and lodge exclusive jurisdic-
ton and power over such cases with the
legislature. Deeming it useless, in the
face of the overwhelming republican
majority in the legislature, which, in
Ja1uary last, declared Baxter elected
and Installed him in office, Mr..
Brooks. the contestant, slept upon bis
RIGHTS. and took no formal steps to con-
test the election until within fortnight
of the day fixed for adjournment sane
die. The Republican majority then re-
fused to entertain the contest. Mr.. Bax-
ter thereby became the legal and const1-
tutionaI governor of the State, and no
mower exists whereby he can be lawful
ty removed prior to the re-assembly OF
the legislature two years hence, at the
time fixed by the constitution for the
nsxt regular session, unless a called ses-
sion should intervene, of the necessity
Of which Governor Baxter is himself the
sole ilfige-an occasion that is little
likely to occur.
REVOLUTIONARY APPLIANCES
alone can remove Governor Baxter from
office. The legislature-the only power
having authority TO try and decide gu
bernatorial contests-having adjourned,
Mr.. Baxter is legally and in fact the
Governor of Arkansas. The question Of
Mr. .Brooks's right to the Office has passed
beyond review, or at least so rests until
the legislature shall sit again. So far as
he is concerned the matter Is an adjudi-
Gated thing. The question is not now a
legal, but has become a political one.
There can be no interregnum, and Bax-
ter has possession of the office and is
Governor of Arkansas, subject to remov-
Al by no existing power GA earth, except
revolutionary force. AS governor he is
become the chief Of one of three co-Or-
dinate branches of the government.
The legislature sleeps for the time being,
and he is the equal of the supreme court
of the State. He is the sole and eXclu-
sive Judge now as to bis right to the Of
| fee. If the supreme court had
/ the right TO open and examine the
question of Baxter's right, and to remove
! him. the robes Of two of the judges who
| compose the quorum necessary TO enable
that tribunal to render authoritative de-
eision are soiled with the same stain
that is on his official garment. They
were supported by the same minority
and were declared elected and installed
I'M office by the same legislature that put
Baxter in office. But the supreme court
can not compel him to issue commits
/ sion. much less can it take his commits
sion away, or examine by what warrani
he belds his Office. The attempt t
move by the attorney-general, or con
slider or issue such writ of Inquiry by
fine supreme court, would be an insutfer
able piece of impudence, and the at
tempt to serve il, when issued, by an,
) subordinate executive officer upon tn
chief executive, would be a quasi treason
that would deserve and should receiv
, immediate and exemplary punishment
] We are not in
THE GOVERNORS SECRETS,
+ hut we imagine the threats of proceed
> ipgs intended by the attorney genera
before the supreme court, to remove hiI
from or to embarrass him in the excl
else of his official functions, was the az
{ tuating motive for taking such precaU
I tioparv steps as would best protect bin
: from interruption or annoyance. Th
{ measures adopted by him were well do
J vised and well timed. They show
those engaged in the revolutionary PR
e eeediugs that there is 10 be no child
: play if they persist in the prosecution I
: their iniquitous designs--that he know
o his rights and dares maintain then
o They further demonstrate to the peop
q everywhere in the State, we con6dentl
nredict, that the governor intends, no
e that he is freed from all Il
& embarrassing circumstances whiC
K forced his policy, in the first da,
> of his administration, to appe'
/ ina tortuous lines, to administer the Law
(, for the best interests Of all the peopl
Is and not with the view of maintainiI
J, the ascendeDcy Of one political faction
x that in the future the government of to
Y. State, as it is supported at the commC
as expense, shall be directed also for Il
common benefit; that he stands, al
will continue to stand, by the letter al
spirit of the political platform on whit
he made the late canvass, which h
been belied by the acts of the Repub
can majority in the legislature, a.
ne many of its leaders. AS we have Oft
said, that
PLATFORM,
in most of its particulars, is good enouI
and broad enough for all the good a.
honest men of the State to stand upo
AMI if the governor goes on in the
rectiOn be is now moving, he will |
u cure the plaudits of all such witho
~ regard to party, and their earn'
1e ana ardent support in any extremi
70 to which the eXigencies of his situad
" NAV warrant him in proceeding, a
5h to the point of maintaining him ful
ge in the possession of his legal authOrit
ia we cannot hope and do not expect tE
rs Governor Baxter will "turn DemOcrs
X fo secure the support Of conservative
, ,Is and it is not necessary that he shou
10 Reviewing his official career, It is so
up Infinitely superior in acts and appoil
as ments TO office to those OF either OF
vi 1IreconstructiOnn predecessors. His go
~; acts are faithful to the letter OF his pal
ca platform. and his worst appointmel
~ are not as bad as many of those OF G'
~ ~ ernors Clayton and Hadley, and ma
= of them were constrained by clrcu
" stanoss the force of which we can re-
as iiy appreciate, although we are not a
for to relate them. Many OF these we hi
II occasion to believe have not so enllr
non passed beyond revocation that they
,ev frremediabls. The radical Republics
~ of this State placed Governor Baxter
vor authority against our and the earn
ne protest of the majority of the people
me this State. The same legislative ma
no ity that installed him in office denied
on legal remedy for the next two years
rn- the contestant,
ust AR. BROOKS.
n.y. That denial cemented and made le
lies whatever breaks there were in Baxt'
nty title to the Office he holds. The popU
of majority was forced to yield, while B
# a terfs then friepds-now antagonist
,ur- were eDtren0hed behind the form
per law; and these same men shall I
ave submit to that authority which {
last placed over US and them, now that
is doubly fortified by the forms Of law
hey the earnest, cordial and honestly mi