New-York tribune., 1874-05-04
ARKANSAS TROUBLES.


THE PREsIDENT-BRooKs's APPEAL FOR AID In
DISPENSING BAXTER's FORCES.
The President, on the 23d ult, in response
to the resolution Of the House of Representatives. trans
mtted to that body all the correspondence and orders
relating to the Arkansas troubles The following day the
papers were referred TO the Committee on the Judiciary
ana ordered to be printed The largest portion of the
letters have already been made public. There are
iew however which have not yet been published and
some OF them are OF enough general interest TO he
quoted The first communication received by the Pres
dent In relation TO the political controversy in the state
was the following letter:
MR. BAXTER PRESENTS HIS CASE TO THE PRESIDENT.
EXECUTIVE OFFICE, LITTLE Rock, Ark. Sept. 4, 1873
SIR ihaye so far refrained from presenting TO you
te state OF affairs in Arkansas, but now at the hazard
OF annoying you, deem necessary that this should
De dohe and such are the circumstances surrounding
& S peg your ndagenoe i0r sns ienSth @ h oi Inns TINS
ALkansas that elected me- 1t might DC dcuit 10 ap-
was the regular nominee OF the Republican party, as
~ sat IN Convention here in August last for the Office OF
November 1S72 If frauds committed in that elec,
non know nothing OF them: They were charged ana
pose that the supporters of Mr. Greeley as obnox-
lous 70 this objection those who advocated the election
by Section 10 OF Article VI OF the Constitution Of the
state then and now in force IL IS provided as follows:
tenantGOyernor Secretary OF state Treasurer Auditor,
Attorney General, aud superintendent oi PuDlc ln-
structon shall be sealed up and transmitted TO the seat
OF government by the returnlng-olccrs ana directed
s sS Sle o S officer St s g ana M pnn he
same In presence OF the members then assembled.
declared elected, but IL two or more shall have the
highest and an equal number Of woes for tho same
office, OF them shall be chosen by Joint vote OF both
Houses Contested elections shall likewise be deter
mined by both Houses Of the General Assembly In such
manner as Is may hereafter be prescribed by law.
In accordance with this provision was duly declared
elected ON The 9th Of January 1873 as BY reference TO
the Journal OF that days proceedings In the Senate
hereto appended and marked exhibit A, VIII more fully
and at large appear Prior to this time aud on the ih
of
ne Liberal Republican party socaed ior .he rOserh M
polls as will appear from exhibit A. but who notwith
standing claimed that he elected brought ma action
District OF Arkansas against myself and Others praying
among other things that be enJoned rom exercising
the functions and duties OF the ohce OF Governor OF the
state. Meanwhile another action was commenced by
bill in equity, in the forum, by william NJ Harr-
who had been candidate upon the ticket with Mr.
Brooks for an Associate Justiceship or the supreme
Court OF the State against Marshall L. Stephen
ticket and Others based upon substantially the
allegations, and both being, IN substance actions
10 contest the election Of the Republican candidates
To this bill all the respondents answered under oath
the respondents Stephenson and Seare denying all the
material allegations OF the bill and charging that, Dy
the Illegal and fraudulent acts and practices OF the
friends aud parsans OF the cQmplanan, tney were se
prved OF many votes and their majority cut dow ana
that but for such acts which they set out at length ana
with much Particularly their majority would have
been much greater than 1t was declared to be Dy the
Secretary OF the state. .
OF the OF Brooks against Baxter and Others The
jurisdiction OF the courts of the United states was n-
YOkcd by BOTH and argument having Dcen OfdeTcu
on the demurrer TO the bill In Harrisons case all pro.
ceedngs in the other awaited the decision OF the court
Jan 49, 1878, by tile Hon Henry c. Caldwell, sitting
Circuit Judge in an elaborate and exhaustive opinion,
hereto appended marked Exhibit B, and TO which yOur
attention is especially called. The proceeding
10 IN United States court the title to State
dction OF the case on the facts In BILL and
that the complainant must be remted to the justice or
decision which was conclusive likewise upon the rights
OF Mr. Brooks in the courts of the United States no
further proceedings had therein In his
has he In anyother manner invoked the jurisdiction
OF the federal tribunals.
being presented privileged question. on the 10Th Of
April last, from Mr. Brooks, asking that he be allowed
the privilege OF cOnesng the elecn0n Of myself as Gov
ernor of the state whereupon such proceedings were
had that after debate and the reading OF ms petition
was rejected the decisive vote OF 6j to Republicans
and Democrats voting alike for the motion reject An
extract Iro hg the 1proeeeJipss of that body in this be.
half appended marked Exhibit C. Here Here the efforts OF
ably have ceased but for me active neryen9n zen In ms
Is also editor OF Ihe Republican In this city. T. d. W.
Towey the AttOrneyGenerd OF the state and certain
other persons who endeavored To urge through the Leg
islature by means OF bribery and corruption series OF
obnoxious measures embracing D TO release the Tall-
roads OF the State from an Indebtedness Oh s6OOoOeO
bill TO facilitate and up frauds IN elections and
hill TO authorize the arrest OF any person III tue state
The motives of the may be inferred
from fact that though running upon the same ticket
petor than did over Mr. Brooks he set has the eront
cry question the validity Of my election; h AetGated
Gust me- eas1nS thus wth a yG9r h iG mept IN
the Republican party that last year wandered false
gods rallying under the standard OF Greeley and
Brown aud who to-day the foes OF your Admlnstra-
tion iohn Mcclure as editor Of The Republican, put
ting himself in active sympathy with THESE men, as every
days issue his paper will testify publishing their
calls for nfammatory meetings, copying extracts from
papers in state that never known to support
state and OTHERWISE doing what he can to excite and
disturb the public mind to the end that there shall be
brought about such state OF confusion and dscord as
will ultimately result II second Congressional recon
structiOn.
On the I'd day Of june 1873, motion made in the
Supreme Court by said Attorney General for leave
lille petition for writ OF quo rdrrdnto against me
upon the relation OF Mr. Brooks but the application was
denied the court deciding by the concurrence OF oar Oh
its members, the said C1ief.Justce alone dssentng
that il mad no jurisdiction OF the matter. In order 10
understand clearly the grounds OF this decision u may
be to refer to certain provisions OF the Cons
tuition and laws Of the state that were held TO nave
governing effect Ia the premises. BY section ~ OF
Article VI Of the Constitution heretofore quoted IL Is
provided how returns of every election for Governor
Shall DO made, aud that CONTESTED elections shall be
determined by both 0nses oi tne b sw and
by the statutes Of the state, In Goulds Digest chap o.
SEC 100 That all Governor shall be decided
BY the Joint ySs S aG1 S S q se1e s 3 S and D'
SEC l0l That person 9ntest the election o. Go'ernS ne
points which viii the and the fats which be w
support Of such poa ,d By n 1sa pray and ua IN each tose
whether the prayer shall be granted. ,, ,,,
Under these provisions OF the constitution ana laws Oh
the state Supreme Court held that jurisdiction was
conferred upon the two houses OF the General Assembly
all questions OF contest IN rela
tho office Governor i'll the manner prescribed
by the statute, and that such jurisdiction was exclusive
and the determination binding upon the people Of the
State as well as the individual contesting the election
decision In the same effect was made by the Supreme
Court of Ohio i'm a case arising under similar provisions
OF the Consultation and statutory eDactments OF that
stae.-The State OF Ohio rel T. E. Griseli agt VIII
liam MARROW. I5 ohio, 1li.)
Notwithstanding all this, Joseph Brooks has com
menced action against me IN the Circuit Court OF ths
Pulaski County Of inferior jurisdiction. before
Judge who is, and during the last campaign was Vo-
lent partisan OF Mr. Brooks with view 10 obtaining
judgment of at the coming October term OF the
court and thus the installation OF himse before the
appealed the Supreme Court OF the state
In due time shall nterpOse plea TO the JurlsdlctlOI