Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-05-15
Progress of the Baxter-B Brooks
MISUNDERSTANDING of the
LPgislature--Baxter's
Message.
Outrageous Statement Contra
dicted by Six Union Sci.
diers-BrOOks' Versien
of the Story.
Particulars of the Capture of the
Steamer Kittie Hegler-
Reports Of Officers
Etc Etc.
BUSINESS.

BUSINESS.
LITTLE Rock, May I4.-Both houses
met this morning and adopted the fol-
lowing joint resolutions:
WHEREAS, The legislature of the State
ofArkansas has convened, and quorum
of each house being present, and
WHEREAS, The capital and State is
occupied by armed and contending
forces, and
WHEREAS, The statehouse is now in
the possession of armed troops; there
fore be it
Re8olped 6y:the General assembly of
the State Of arkansas, That the Presi-
dent of the United States is hereby re-
quested to put this legislature in possess
sion Of the legislative halls, and that the
public property on the statehOuse square
be placed under the supervision and con-
troll of this body, the legal custodians
thereof wilhelm session, and tnat he issue
such order for the disposition OF said
armed and contending forces as will
more perfectly protect the State against
domestic violence and insure this body
against interruption, and that duly GER
titled copy of this resolution be at once
transmitted to the President of theUnited
States.
IN THE HOUSE.
A large number of notices of the in
PRODUCTION of bills were given, among
others for the calling of constitutional
convention.
THE SENATE
appointed committee to act in conjunc-
tion with the house committee appointed
yesterday to notify Governor Baxter that
the general assembly was ready to re-
ceive any message ne might desire 10
deliver. The governors message, it is
thought, will be read to both houses this
! evening.
BAXTER's MESSAGE.
LITTLE Rock, May 14.-The general
assembly met in joint convention this
| evening, and received the following
message from the governor:
EXECUTIVE OFFICE, STATE OF ARKANsAs,)
! LITTLE Rock, May II, 1874. !
| Gentlemen OF the Senate and House OF Rep
| resentatives:
| AS the chief executive of the State,
am vested with power to convene the
| legislature on extraordinary occasions;
and deeming the present time that de-
mands the exercise of that power, ]
| have called you together to deliberate
and act upon matters of grave import
| snce to the people of the State. 1t is
source of pleasure to me, as well as of
congratulation to the country, that you
have assembled so promptly and readily
| to the csll. Doubtless the circumstances
| that made it necessary for me to assem-
| BILE you at this time are known TO all.
| The matter of a contest for the office OF
| governor of the State, between Hon.
| Joseph Brooks and myself, having been
| passed upon at your last session, was
supposed to be finally settled; but dur
| ing the last summer, after your adjourn
ment, upon an application for permission
| to file an information, by the attorney
| general, for writ of quo GUdTTdntO to
try my right TO the Office of governor,
| the supreme court decided and adjudi-
Gated that there was no jurisdiction in
any court of the State to try the ques-
ton; aud that the legislature alone
| could determine the same. A few
months after that time, in another case
| in which the right to the auditors office
was involved, that opinion was approved
and reaffirmed; and then it was univer-
sally understood that the question was
| at rest. Notwithstanding these two de-
! cisions, on the fifteenth of last
month, in case brought by
Joseph Brooks against myself in the cir
cult court of Pulaski county, a termi-
| nation was arrived at in overTuling de-
nfsrrer to the jurisdiction of the court
by 3 pretended judgment, by the au-
| thority of which Brooks claimed the
right to oust me from the office of COVER
nor. In my opinion the action of the
court was arbitrary and revolutionary, as
| it had no jurisdiction whatever to render
| such a Judgment. So believing, l ct
| once addressed myself to the task of
maintaining my authority as governor.
To my call to suppress what consider
ed an armed insurTection against the
lawful authority of the state govern.
ment, the people responded promptly
and in numbers greater than l require.
But in my efforts to move on the state
house and to repOssess myself of the
same, was thwRrted by the Interference
of federal troops, against whom | would
not make war, or permit war to be made.
Thus prevented fI0m asserting my
rights, organized a sufficient force to
protect myself and those with and
around me, and appealed to the nation
al authorities, under the constitution of
the United States, for aid to suppress
such insurrection, and to prevent do
mestic violence. But, ia case aid could
not be obtained from that source, pro-
posed to convene the legislature in ex-
traordinary session to settle the ques-
ton which has been used as a preteXt
fol- the unlawful efforts against the State
government. To this requisition the
President of the United States respond
ed, favoring your meeting and guaran-
teeing you protection in your delibera-
tions. With this assurance from the
~ 10 nictr 70 nf hn i "a m
glad to meet you, and express the Eope
that through and by your Instrumental
ty peace, order and quietude will
be restored to the country. To
you, then, is submitted the ques-
ton of who is governor of Ar
kansas under the general election,
held on the fifth day OF November, A.
d. 1872, aad your early attention is IN
vited to its consideration. Owing to the
unsettled condition of affairs in our
State, and the great want of harmony
in our laws-statutory and constitu-
tional-your earnest attention is invited
to the consideration of the propriety OF
calling q constitutional convention, q
move which deem at this time of abso-
lutte necessity, and hope it may beyour
pleasure to call convention of the
State in order that the people may have
as they deem best. Should there be, in
your opinion, ssnecessity for action on
other matters y you at your present
meeting, l wig indicate the same by
special message, hoping that your de-
liberations will result in restoring order,
confidence and prosperity to the people.
ELISHA BAXTER.
AN OUTRAGEOUS STATEMENT CON-
TRADICTED.
Twenty-seveR ex-Union soldiers and
northern men have Joined in dispatch
to Senator Morton and General John
Coburn, contradicting a telegram sent
to those gentlemen by Mr.. E. w. Kim
ball, a lawyer Of this city, to the effect
! that if the Baxter government succeeds
northern men will be driven out of the
State. The card is signed by colonies,
majors, captains, lieutenants and pri-
/ Yates who served on the federal side
during the war. They denounce Mr..
J Kimball's statement IS false and an I'M