Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-04-18
WhytOck Carries His Court
Around i'm His Pocket.
The General Sentiment i'm Favor
of Baxter.
Brooks Adherents Mostly Col
cred.
Baxter's Proclamation of Martial

Law.
EXECUTIVE OFFICE, LITTLE Rock,
April 16, 1S74.-To the People of Arkan-
sas: An insurrectiOn organized in the in
terest Of certain Parties disappointed in an
attempt to secure the influence of the EX-
eciItiYe for proposed frauds in the approach
ing election has effected the seizure of the
capital, and now attempts TO usurp Tie
functions of the government. There is a
mOmentaTy success of this insuITection, so
far as regards the occupation Of the build
ing that the political traditions Of the
American people give TO the legitimate ReS
ernment in time of peace. The armed sem
try ard loaded cannon which for the mo-
ment supports the usurpation within the
precincts OF the statehOuse, have not been
deemed REQUISITE 10 thS :.idintstsfes sC an
organized government. The unexpected
and forcible occupation OF the building
could not on the instant be successfully re
sisted. Aversion to unnecessary bloodshed
hes for few hours withheld. the arm of the
Stale government from the Immediate vin-
dieatiOn of its right and dignity. Forbear-
anee has seemed only TO embolden the i'm
ptdence OF the handful of insurgents. For
bearance therefore is at an end. General
Orders No. i, from Headquarters of the
Militia of Arkansas, of a date correspondent
with that Of this proclamation declares
martial low in the county of Pulaski.
lie Reviews the case.
1t is due to the people OF the State that
the circumstances which have rendered nee
eSsary this course of action, be published.
At the election of 1872 was returned Gov
eriiOr 6f Arkansas. At lale Sage Of the
caccfnr, Of h. 7 acrioloF,.ro oI,D l..
same time, my opponent, Joseph Brooks,
Esq, sought his sole legitimate and conSti-
tutiOnal method of redress, had he been in
iured in The decision Of the election, By an
appeal to the representatives of the people
The appeal was sUmmarily rejected. Ap-
plicatiOn was then made TO the highest ju-
dicial authority Of the State, the Supreme
Court, for q writ of quo warraIito, which
should determine my right to be Governor.
In that case. as in the suit Instituted for the
Office OF Auditor of the State, the highest
tribunal of Arkansas decided that. under
the supreme organic law of the State, the
determination of questions of the election
of State officers is exclusively vested in the
Legislature. Public excitement was allay-
ed;sthe State settled itself to quiet under
an administration which | trust has not
been unfaithful.
Meantime proceeding had been institut-
edbefore Circuit Court of county for pos
session of the Office Of Governor. | do not
care at present TO comment upon the ques-
tion of the authority of such court to ad-
judicate a matter, from the decision of
which the Supreme Court Of the State had
not merely shrunk, but decidedly denied
Its own jurisdiction. The Pulaski Circuit
Court did clandestinely assume to open a
demurrer fled in court but not submitted
to the court, to an action to render a iudg-
ment Of custer against the officer who for
fifteen months had exercised the functions
of Chief Magistrate of tine State. The
judgment was rendered upon the call of
contestants attorney in violation of the
express agreement of counsel that the case
should not be taken in the absence of the
representatives of either. and was rendered
therefore, in point of fact, without the
knowledge or even suspicion of the Cover
nor or his counsel.
In pursuance of a plot matured in antic-
ipatiOn Of the decision of the Circuit Court
the cOnspirators, forgetting, in their haste,
that no writ of custer had ever been issued,
betOOk themselves to the room where the
Chief Justice of the State, the sole dissenter
from the decision of the Supreme Court in
the matter, awaited them by previous ap-
pointment, and then, armed with the Chief
Justices attestation to the Brooks oath of
office, proceeded forciDly to reject from the
StatehOuse the Chief Magistrate of the
State.
Appeal
lies, Of course, to the Supreme Court of the
State. That Supreme Court has already in
case involving the point at issue, determ-
ined that no court has authority to decide
the validity of the election of any executive
officer of the State. 1t need hardly be re-
marked that pending an appeal the effect of
the judgment of the Circuit Court of Pu-
laski county is suspended, and that the un-
dertaking to sustain the enforcement of
that judgment pending the appeal, without
color Of law or moral palliation, the forci-
BILE election of the Chief Magistrate from
the premises was followed by apre-arTanged
and prompt summons to armed desperadoes
to bar access to the StatehOuse of its legiti-
mate occupant, is ali Illegal.
Baxfer's Intentions.
Mr.. Brooks has issued paper entitled