The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

President Grants Letter to Governor DavtA
The Aid Of Troops Refussd-"Yied to
the Verdict Of the People"


The Aid Of Troops Refused-"Yie,d to
the Verdict Of the People,"
WASHINGTON, Jan. IL, 1874
The following despatch was this morning sent to-
Governor Davis by the President
EXECUTIVE MANSION, Jan. IL, 1874.
To GEORGE DAVIS Austin, Texas
Your dispatches and letters reciting the action
OF the Supreme Court OF Texas, in declaring the
State election unconstitutional and asking the use
Of troops to prevent apprehended violence. are
received.
The call is not made in accordance with the con-
stitution Of the United States and the acts of Con-
gress under it. and cannot therefore be granted.
The act Of the Legislature of Texas providing for
the recent election having received your approval,
and both political parties having made nOmina-
tons and having conducted political campaign
under its provisions would it not be prudent, as
expressed by their ballots9 U. s. GRANT.
A Proclamation from tho Governor For
ing Their Places.
GALVESTON, Jan. IL, 1874.
The Neaos has the following special despatch
from Austin =
AUSTIN Jan. IL, 1874.
The following telegram was received here this
evening"
WASHINGTON, Jan. 12 1874.
Colonel SWIFT, Austin:-
Your despatch received. The President recon-
mpnda that COVnrnOr WELD after max
ing a race under the bill J. w. FLANAGAN.
The following is the Governors proclamation,
published in the Journal this evening"
AUSTIN, Jan. IL, 1874.
THE GOVERNORS PROCLAMATION.
To all whom these presents shall come, greet.
ing:-
whereas the Supreme Court Of the State has in a
recent decision declared the election held on the I'd
day Of December 1879 in substance to be invalid by
reason OF the unconstitutionaity Of the law under
which said election was held; and, whereas, great
public injury and further dangerous complications
Of public affairs are likely TO result from any at
tempt on the part of those claiming to
have been chosen as members of the
Legislature and other officers at said
elections to assume the positions they claim
therefore, for these and other reasons which it is
not necessary to incorporate herein, it is deemed
advisable, and it Is ordered, that those who
have been chosen as legislators or other officers
should not attempt TO assume the positions
they claim unless by further action Of adequate
authority such election may hereafter be validated
AL good citizens are advised to abide by the de-
csion OF the competent tribunal and aid in main
tanning public order and moderate counseis.
+ In testimony whereof have hereunt0 signed my
name and caused the great seal of the State to be
affixed, at the city OF Austin, this 18th day Of
January, A. 0. 1874 =: :: DAVIS Governor.
The Republicans Should Abide the Re-
suit. gig ~
From the Hartford Courant, Jan. 121
The Judges OF the Supreme Court OF Texas may
nave acted from the best motives in de-
claring the recent State election invalid,
but apparently it would be less OF an
EVIL to submit Is the result Of the election
than to plunge the State into the condition OF an
archy and contention which now seems inevitable.
II the election law was unconstitutional the repub-
licans should nave known 1t in advance, and re.
fused to make nominations or take any part in the
election. Having done otherwise and gone into
the contest and been defeated, they should
abide the result, or, II they choose to settle the
question of consttutionality at this late day, let
them take the responsibility in their own hands
and make no calls on the general government for
aid The Louisiana case is already one too many.
The Law Applicable to the Case.
forms us that the Supreme Court of Texas has
pronounced, on a case made before that body, the
law under which the recent election was con-
Quoted to be unconstitutional and void. 1t ap.
pears that section in that article OF the constitu
ton relating to elections declares that the State
county and city elections shall be held at the
county seats respectively, until further provided
by law, and that the polls shall be kept open
from eight O'Clock A. NJ to four r. Nd;
an election law, under which the late
election TRANSFERRED and the polls by this law were
opened for only one day. In enaCtlng the law the
General Assembly OF Texas had the State consti-
tuition before them, and we presume the Limitation
ton OF polls regard to the duration OF the voting
as well as to all the other provisions contained IN
the section, was held to be covered by the words,
s.untH further prOCided on tdlD." The Legislature
The Supreme Court would seem to have reversed,
as it were, the legislative Interpretation OF the
meaning OF the constitution.
Atany rate, Davis, the present radical Governor,
and the others on the state and county tickets,
took their chances at the election and having been
defeated ut the polls seek to hold on to office
in the face OF the popular condemnation by an
overwhelming and almost fearful majority. Davis
signed the bill, and IL thus became u law. The
''caser before the Court was not made until after
Judges themselves, we believe, being partlsanS to
that polluted organization.
IL is in effect the denial to the immense majority
OF the people OF Texas OF government they have
need. The entire business is intensely radical.
But we shall say no more until all the facts come
into our possession to be thoroughly weighed and
appreciated.
VIRGINIA.