Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-05-15
Proclamation Of the President.
Governor Baxter RecOgntx ed and the
Citizens Of the State 90 be Protected.

| The following is the Presidents procl amation
| relative to the Arkansas question, which has
been telegraphed to Little Rock for the infer
| nation OF all concerned:
By the President Of the United States of America
| PROCLAMATION.
whereas certain turbulent and disorderly
| persons, pretending that Elisha Baxter the
| present Executive Of Arkansas, was not elect
| ed, have combined together with force and
arms to resist his authority as such Executive
ana otner authorities of said state aud whereas
| said Elisha Baxter has been declared duly
elected by the General Assembly of said state
as provided ia the constitution thereon, and as
Tor long period been exercising the functions
OF said office, into which he was indicted ac-
cordiDg to the constitution and laws of said
state, and ought by it's citizens to be considered
as the lawful Executive thereof; and whereas
ltls provided in the constitution of the United
States that the United States shall protect
every state in the Union on application of the
Legislature, or OF the Executive when the Lee
gislature cannot be convened, against domestic
violence and whereas said Elisha Baxter
under section four of article four Of the consti-
tuition or the United States and the laws passed
IN pursuance thereof, has heretofore MADE ap-
pllcation to me to protect said state and the
citizens thereof against domestic violence;
and whereas the general assembly OF said state
convened in extra session at the capitol thereof
on the 11ih instant, pursuant to q call made bv
said Elisha Baxter, and both houses thereof
have passed joint resolution also applying TO
me to protect the state against domestic VIC
lence; and whereas il Is provided In the laws
VI Tue Oultcu states mat IN all cases OF insur-
rection in any state, or OF obstruction to the
laws thereof, 1t shall be lawful for the Presi-
dent of the United States, on application of the
legislature OF such state, or of the executive
wnen the legislature cannot be convened to
employ such part OF the land and naval forces
as shall be judged necessary for the purpose of
suppressing such instruction, or causing the
laws to be duly executed; and whereas il il
required that whenever IL may be necessary In
the judgment OF the President, to use the mil
ifary force for the purpose aforesaid, he shall
m aft IN a
surgehts to disperse and retire peaceably to
their respective houses within limited time:
Now, therefore, |. Ulysses s. Grant, Presi.
dent OF the United States. do hereby In AXE
proclamation and command all turbulent ami
dlsOrderly persons to disperse and retire peace
ably to their respective abodes within ten days
nom this date, and hereafter to submit them
selves to the lawful authority OF said Executive
and the other constituted authorities of said
state; ard invoke the aid and CO. operation OF
all good citizens to uphold law and preserve
public peace.
In witness whereof have hereunto set NV
hand, and caused the seal Of the United States
to be affixed.
Done in the city of Washington this fifteenth
day OF May, in the year of our Lord
lsRALl eighteen hundred and seventy-four.
and OF tue Independence Of the United
States OF America the ninety eighth.
BY the President:
HAMILTON FISH, Secretary of State.
The Opinion Of Attorney General vii.
liams.
The Attorney General says in his lengthy
opinion upon the Arkansas question preferred
to editorially in to days STAR: "I think II
would be disastrous to allow the proceedings by
whice Brooks obtained possession of the office
t. be dawn into precedent. There is not
state in the Union in which they would not
produce conflict, and probably bloodshed. They
cannot be upheld or justified upon any ground;
and, In my opinion, Elisha Baxter should be
recognized as the lawful governor OF Arkansas.
Since the foregoing was written, have re-
ceived telegraphic copy of what purports To
De decision OF the supreme court Of Arkansas,
delivt red on the 7th instant from which it an
pears that the auditor OF state, upon the recog-
milton Of Brooks, drew his warrant on the
treasurer for the sum of one THOUSAND dollars,
payment OF which refused. Brooks then
applied to the supreme court for writ OF man
damus upon the treasurer, who set up, by way
OF defence, that Brooks was not governor OF
the state; to which Brooks demurred.
Here follows the opinion OF the court con-
corning the question of juIisd ction of the cir-
cult court In rendering judgment in the case OF
BROOKS We. Baxter, after which the Attorney
General in his answer TO the President contin-
ues tn the following statement: "On the 10th
April Brooks made formal application to the
President for aid to suppress domestic violence,
G ChicP was acc9mPsnied by paper signed by
Stephenson, in which they stated that they rec
osnized Baxter as governor, and TO this paper
also is appended the advice OF Page. the re-
mandamus. Page, therefore, did not refuse to
pay the warrant Of the auditor because he dId
not recognize Brooks as governor; but the OBJ
ject Of his refusal evidently was to create such
Facts as we've necessary to make q case for the
Supreme Court. Accordingly, the plead
M lSs' were were made up by tas parties, both
the controversy, and the issue 80 m abe
was submitted to judges virtually pledged to
give the decision wanted. and there, within the
but with delicacy, as they say, decided that No
IL governor, decision in plain contrsvention OF
the constitution and laws Of the state, and In
direct conflict nth two other decisions OF the
same court deliberately made. L refrain from
comment. More than once the Supreme Court
OF the United States hasdecided that it would
this way, and . decision obtained under such
circumstances Is not recognized as authority py
any respectable tribunal. No doubt this dsci
sion viii add to the complications aud Difficult
ties of he situation, but it does not affect INV
judgmt mt as to the right OF Baxter to the Office
OF governor until 1t is otherwise decided upon
the 18th instant the general assembly of the
state was convened in extra session upon the
call OF Baxter, and both houses passed joint
resolution pursuant to section 4 of article or
the constitution OF the United States, calling
upon the President to protect the state against
domestic violence. This call exhausted all the |
the constitution to invoke the aid or the Execu-
tive of the United States for their protection
and there seems to be, under the circumstances
Oh tne case, an imperative necessity for imme-
The opinion is exhaustive and positive, deal
ing with the question in the most thorough AMI |
comprehensive manner. |
PROBABLE PARDON FOR NOTORIOUS BUR-
CLARA Concord, \. H., dispatch SAYS 1T is
understood that Colonel whitley, chief OF the |
United States detectives, has applied to the |
governor and council for the pardon OF Mark |
Shlnburn, the notorious burglar. The ground |
OF the application is said to be that he Is an i'm
portant witness for the United States in a coun-
terfeiung case, and 1t Is alleged that he is IA |
Switzerland and fears to come back. 1t is also |
stated that he has been there since his escape |
from the state prison at Concord. He broke |
into the Walpole savings bank in November,
1854, and stole $40 900. He was arrested the |
next spring in New York, was tried in October |
1885, found guilty, and sentenced to the state |
lr.son for ten years. After his sentence he es- |
capped from Jail at Keene, and was recaptured |
near Saratoga, N. Y. He then served several |
months in prison, when, on the Sd OF December, |
1866, he escaped again. 1t 10 believed that he /
lived in New York until recently, when he went |
to Europe.
THHEDwARDs-CoLLrR RIzR fIsHr.-The |
third battle for the championship Of the light |
weights between Billy Edwards and Sam Coll |
yer, for g. 900, is to be fought within ono hum
dIed miles of Detroit on the 9Th Of August. I'm /
1868, at Cherry Point, on the eastern shore of |