The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-05-16


Circuit Court should have rendered
Judgment for Brooks under these cir
cumstances is surprising, and it is not
too much to cay thatit presents Gaze Of
judicial insubordina alton which deserves
the reprehension of every one who does
not wish to zee public confidence an
uncertainty and the good faith OF judi
cial proceedings wholly destroyed.
Taking the provision Of the Constitu-
tion which declares that contested elec-
trous about certain State officers, in-
cluding Governor, shall be determined
by the General Assembly, and the
provision OF law which says that all
contested elections of Governor shall be
decided by the Legislature, and the de-
clsions of the Supreme Court affirming
the exclusive jurisdiction of that body
over the subject, and the conclusion
irresistibly follows that said judgment
OF the Circuit Court is void. A void
judgment binds nobody. Section 525 OF
the Code, under which this judgment
was rendered, is no doubt intended to
apply to county and other inferior
offices, for which no provision is else
where made. Respecting the claim
that Brooks received majority OF the
votes. at the election, il must be
said that the President has no
way TO verify that claim.
II j he had 1t would not
in my opinion, under the circumstances
OF this case he proper subject for his
consideration. Perhaps il everything
about the election was in confusion and
there had been no legal count OF votes,
the question OF majorities might form
an element OF discussion, but whereas
in this case there has been a legal
count Of the votes and the tribunal
organized by the Constitution OF the
State for that purpose has declared an
election, the President ought not to 60
behind that action to look into the
State vote, Frauds may have been
committed to prejudice: but unhapplly
there are few elections where partizan
zeal rups high in which the victorious
party, with more or less Of truth, is not
charged with acts OF fraud. There
must be an end TO this controversy
upon the subject. Itwould be di5ss-'
trous to allow the proceedings by which
Brooks obtained possession OF the office
to lie drawn into precedent. There ls
no! u State in the Union in which
they would not produce p conflict and
probably boodshed They cannot he
upheld or justified upon any ground,
and in nv opinion Elisha Baxter should
be recogn zed as the lawful executive
OF the State Of Arkansas"
The Arkansas Observation-Disclosures
lion by ihs President.
The following is the Presidents
proclamation relative to the Arkansas
question. which has been telegrapbed
to Little Rock for the information OF all
concerned:
Ry tho PRECEDENT Of the United States
of America,
A PROC LAMATIoN.
WHEREAS, Certain turbulent and dis
orderly persons pretending that E. Bsx-
ter, the present Executive OF Arkansas,
was not elected, have combined together
with force and arms to resist his an-
thority as such executive, and other au-
tnoritles OF said State, and
WHEREAS, Said Baxter has been de-
c!ared duly elected by the General AS
sembIy OF said State, as provided in the
Constitution thereof, and has for a long
period been exercising the functions
tof said Office, into which
he was inducted according to the con-
stitution and laws OF said State, and
ought by its citizens to be considered
the lawful executive thereof; and
WHEREAS, 1t is provided in the Con-
slitution Of the United States that the
United States shall protect the States
OF the Union, on application OF the
Legislature, or Of the executive when
the Legislature cannot be convened,
against dome-tic violence; and
WHEREAS, The said Elisha Baxter.
under section OF article OF the Con-
stitution of the United States and the
laws passed in pursuance thereof has
heretofore made application to me to
protect said State and the citizen. there
OF against domestic violence; and
WHEREAS, The General Assembly Of
said State convened in extra session at
the Capital thereof, on the llth inst,
pursuant 10 q call made bv SAID Elisha
Baxter, and both houses thereof haye
passed q joint resolution applying to
me to protect the State against domes-
tic violence; and
WHEREAS, 1t is provided in the laws
OF the United States that in all cases OF
| insurrection to the laws thereof it shall
he lawful for the President OF the
United States, on application OF the
legislature of such Sta;es, or OF the eX-
ecutive when the legislature cannot be
convened to employ such part OF land
and raval forces az shall te Judged
necessary for the purpose OF suppress
ing such insurrecton or causing the
laws to be duly executed ; and
WHEREAS, 1t is required that when
ever it may be necessary in the Judg'
ment of the President 10 use military
force for the purpose aforesaid, he snail
forthwith by proclamation command
such insurgents to dsperse and retire
peaceably TO their homes within linn
tied time.
Now, therefore, l, U. S. Grant, Pres.
ideut OF the United States, do hereby
make proc lamatiou, and command all
turbulent and disorderly persons 10 dis
perse and retire pesceable TO their
respective abodes within ten DAYS
from this date, and hereafter submit
themselves to the laws and the authori-
ty OF said executive aud other constltu-
tional authorities OF said State, and |
invoke the aid and cooperation OF all
good citizens to uphold the law and