The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-30
The Arkansas DimcaIty-who Is Gov
ern0rf

But short time ago MI. bhxter was ING
recognized Governor OF the State OF Arkansas
Not only IVES he actually in possession OF the
office and performing its duties regularly, Out
he had been so for upwards OF year. sub
seouently to the election in 1872 he had been
declared Governor by the authority properly
authorized to declare the result Of elections
under the constitution of the State, and Pc
tition to contest the election had been rejected
also by the competent authority.
Is it possible in such case to 90 behind the
record thus made? There may be abundance
of law proceedings for doing this, since law,
as practised, is simply the science of extorting
from codes, statutes and decisions Qualifications
for any conceivable human act which they
wish to have justified who can pay the lawyers.
But, politically, to 60 behind such record is
impossible. It would impugn popular sover-
eighty itself and impesch all the machinery
contrived for giving expression to the popular
will. If State constitution authorizes the
President of the Senate to declare, upon ex-
animation, the result of State vote, and
authorizes the Legislature to act on
contested elections, and, in given
case both these powers are exercised
and with result that is harmonious, deter
mining first in favor Of certain candidate,
and next that the case against his opponent is
too clear in the general knowledge TO need in
vestigation, any inquiry behind such record
must assume a condition OF public life SO bad
as to imply that there is no sanct,ty, purity or
honesty anywhere in it; that oaths and
other obligations have lost all signif-
canoe that the political vitality of the
community is so rotted away that the
republican frame of government is itself q
mere formality. 1t must suppose that all the
officers in State charged with the supervision
Of elections had committed perjury, and that
the President of the State Senate had been
guilty of the same crime and still further,
that the whole Legislature was in collision with
these attempts to defeat the popular will in the
choice of Governor Were we to admit such
conditions as supposable in any case repub-
lean government must be recognized as merely
the grandest of swindles and as this position
cannot be taken it is politically impossible for
the discussion of the Arkansas case to 60
behind the record which has declared Mr..
Baxter to be the legally chosen Executive.
Discussion on the Arkansas difficulty must,
therefore, start from the assumed validity of
the proceedings by which Baxter was declared
Governor, and by which the Legislature re-
fused to assent to an appeal 1t must be sup
posed such action was taken on all the knowl-
edge then accessible; for to go behind those
proceedings is to invalidate the whole political
fabric, and that is revolution; and when one
man may initiate revolution in support of his
pretensions another may do the same, and SO
State would pass from hand to hand as one
or another party or pretender proved the
stronger, which would scarcely be republican
government. Mr.. Brooks present position
therefore, is the one thing in American poll
tics that no party can afford to permit or
to countenance. He deliberately declares that
he does not look to the Legislature, and does
not propose to be bound by what it has done
in the past, nor to take any note Of what it
may do in the future touching his claim;
and yet he knows that under tho
is the only authority competent to determine
the Issue he makes. No court has jurisdic-
ton save indirectly. and this the Supreme
Court Of the State has determined, with this
very case before it. In declaring, therefore,
that he will not accept as against his claim
the decision of the only body that has power
under the supreme law of the State to take
cognizance of the subject, he repudiates the
very constitution in virtue Of which Governor
is chosen, and cuts away at stroke the
ground on which all political rights and
claims must stand, in so far as they stand at
all His case is thus admitted to be bad, or
even hopeless, within the limits to which it
should be confined. No court has power to
review The acts of the Legislature in the per-
Torrance of function which it exercises ex-
clusively under the constitution. So the
courts Of the State can give no assistance, and
unless the Legislature shall see reason to re-
consider the decision by which it refused to
examine the evidence that it is pretended will
show that Brooks was excluded by fraud, there
seems to be no peaceable remedy for his
grievance
Is revolution always and necessarily to
follow the denial of every mans right or sup
posed right? Is a State to be brought to the
verge of war and the streets of its capital to
be patrolled by the armed retainers of rival
Governors whenever man who does not sue
coed in getting Office is wrongfully excluded
or believes he is wrongtully excluded and can
gather to his support a retinue Of desperate
partisans? Can it be accepted as in any sense
q legitimate part Of our political system,
when a man doubts the validity of the dec
laration of an election and his claim to have
the declaration investigated is rejected by the
only body authorized to entertain it, that he
then has the further right to levy armed forces
and wage war ON private account for his sup
posed rights? This would be to place indi-
IL chav i