New-York tribune., 1874-05-04

DEPARTMENT OF JUSTICE,

DEPARTMENT JUSTICE
WASHINGTON, Sept, Is. 1873. J
SIR Your letter dated the 4th inst and addressed 10
the President has been referred by him to me, and
have the honor to answer as follows:
Interference by the Executive OF the General Govern
ment controversies between those who claim the
Offices OF State IA never desirable ana only proper
when such an exigency arises Is contemplated by
Section OF Article OF the Constitution OF the United
States where there conflicting organizations or
authorities undertaking to exercise the functions OF
in state, and 10 becomes necessary for the
President in the discharge OF his official duties 10 d
termine which OF these organizations authorities Is
entitled to possess and control the state Government
Assuming what you be correct that the Constitu
tiOn and laws Arkansas confer upon the General
Assembly of the state exclusive jurisdiction TO hear ana
ernor that the supreme Court Of the State has in
proper case affirmed that Jurisdiction; aud that the
General Assembly has decided the question as between
You and your competitor in your favor, there womb
seem to be little room for controversy about your rsht
You say that notwithstanding these decisions your
competitor brought suit OF the inferior courts
the from the office OF Governor and
you seem TO apprehend Judgment Will be rendered IN
that court In his favor and that he Will be installed In
the office before you appeal to the Supreme Court
aud add that 10 become necessary 10 stop such
proceedings by prompt declaration OF martial law.
will take the liberty OF saying what is quite obvious as
you have been pleased 10 invite suggestions upon tue
subject that the declaration OF martial aws an extreme
remedy ana cannot suppose IN view vi .nc nc.ison
already made 10y the Supreme Court tha any consueI
You office consequence OF different Judgment
by of inferior jurisdiction, especially after you
had appealed from that Judgment A., n,
am not at liberty course, TO anticipate the Presi
dents decision any questions that may hereafter
your affairs before his Intervention is invoked in
a manner prescribed by the Constitution OF the United
Assembly and the Supreme Court OF the State has de-
cded that you were It's lawful Governor presume that
necessary to prevent the overthrow o. your authority
by Illegal and dsordeTy Eroeeedinss Very respeeny'
The Hon. Elisha Baxter. Governor, Little Rock Ark
MR.. BAXTER's CASE STATED BY AN ARKANSAS REPRE-
SENTATIVE.
The subsequent kilograms and letters from
Ia, "a
day to day during the present month. The following
letter was sent by Mr. Wiltshire Representative in Con-
gress from lid District OF Arkansas, to the Presi
dent, on the same day that he had, through the
Attorney General, declined to lend the support OF the
General Government TO Mr. Baxter:
WASHINGTON d. c., Aprl 1G, 1874
SIR II with feelings Of the most profound regret
that learned last night, by private dlspach at the
sumbering nsurectionary feeling OF the defeated re-
disturb the peace quiet aud good order that has
vailed there for the last six or eight months az you have
doubtless been advised ere this joseph BROOKS under
decision OF inferior court OF the state. directly IN
opposition to the decision OF the supreme Court upon
the same identical question has, am lptormed taken
the oath OF Office and with an armed body 0f men, pre-
viOusy and seerey organized for the purpose forch
elected Gov Elisha Baxter from the Executive rooms at
the Capitol at Little Rock; forcbly breathing open the
State armory and seized the arms OF the state placing
them In the hands OF ms supporters an tna'
your Exceency has been or Will he called upon To inter
pose with the military OF the United states 10 maintain
this usurpatlon and violence therefore as one OF tue
Representatives from that State, desire 10 submit to
your Exceency the following statement OK TIC ca'e ior
First Under the Constitution OF the State of Ar
kansas the right TO the occupancy OF the ONCE OF GOV
and the executive Stale offices can be contested of
determined only by the General Assembly
Second . The Constitutional the state or Arkansas
confers upon the Senate in the presence of the House OF
Representatives the power and duty OF canNdssng tue
vote and determining theIefrom at each genera ] eee
be elected who OF the several candidates therefor
Third on the 9th day OF January. 1873, the as
sembng of the General Assembly of Ark kansas the sen
ate Of that State in presence OF the House or Representa-
tves, did canvass the vote for Governor cast az the
election held November s, oI2 aud declared tnat tne
Hon Elisha Baxter nsd dGSysg nS eeea Si Elisha
Baxter duly elected; whereupon Governor baxter iin
1ok e oath m of oSe and entered upon the duties Of
that office; which duties lie has continued 10 perform
Fourth Joseph Brooks brought suit in the Circuit
Court OF Pulaski County, Ark for the recovery OF te
time on his relation the Attorney General moved
the Supreme Court OF that state Tor witt OF quo
an exhaustive argument by abest COUNSEL in tho
state, and deberauOn OF several months that court
tribunal the State had jurisdiction 10 try and de-
termlne the contest Of an election Tor The once OF Coy
State under the Constitution, had the sole power
FTdh In suit brought In the Ciruit Court OF PULASKI
County by James r. Beny against stephen Wheeler Tor
the Office of Auditor OF state during last year IA whch
the counsel Mr. Wheeler the Incumbent OF that office,
applied the Supreme Court for writ OF prohibition
restraining the Circuit Court from furher taxing cog
nizance OF the ana at the present term OF the
Supreme Court the rule for the writ made absolute
the court holding that the Circuit Court had no Jusnc
ton, the Constitution coDferTing that power On the
General Assembly alone in such cases.
All of these facts will be found by reference 10 me
Constitution Of Arkansas Section 10, Article g. t0e Jour
nails of the last session of the General Assembly ana
cases the state against Elisha Baxter and James II
the Court. From which The CONCLUSION Is tresisuDe
that the Courts OF the state have jurisdiction In the
premises 5 na tae Tesen. % e & the @
scribed by the Constitution, duly elected as the Gov
ernor OF that state' un tne mecIa thsrwis de-
clare, he must be regarded az the righful Governor
All OF which is in the interest Of peace gOOd ORDER anu
prosperity Of the people Of Arkansas respectfully suo
mtted. ...,, ,,r, n,.,.to, A.
His ErceHeney u g. GRANT, President Of the United
MR.. BRooKs's APPEAL FOR AID.
After informing Mr.. Baxter that his call for aid was
not in accordance with the Constitution OF the United
States the President took no fnrher notice OF MS tee
grams for several days Orders were however gwen 70
the Federal authorities TO prevent boodshed or the col
lison OF armed bodes and considerable portion OF the
papers transmitted Congress is made mp by the orders
OF the War Department. The document contains ono
telegram from MI Brooks which has not yet been pub
lished. 1t is as follows:
LITTLE ROCK, Ark, April %, 1874
His Ereelleney Y. s. Grant President oI me Unued
Staes-SIR: hereby inform that one Elisha Baxter,
"a private citizen pretending to be Governor OF
Arkansas, without warrant or authority OF law, as,
ahmed 10 declare martial law IN the Capital County OF
t6e state and TO appoint pretended Military Governor
of the city OF Little Rock the seat OF Governments that
he called out armed bodies OF for the ayowed pur-
pose OF attacking and capturing the Capitol OF te STATE
by military force and installing himself as Goyernor OF
such State that large bodies OF armed men have assem-
bled and are continually assembling under sald Bax-
ter's proclamation of martial law, and are In close
proximity the State House, and have this day se-
tually advanced on the State House ana cohirohs8u
body OF Federal troops stationed in front OF the state
House under order from their commanding ofhcer act
ing under command TO preserve the peace, hnd Wero
only prevented from making the attack by the presence
OF Federal troops; that these armed bodies nave
seized and appropriated private property, and are
hourly seizng and appropriang private property WITH
out compensation have conscripted and are eontnna