The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-16
BAXTER DECLARED GOVERNOR.
Elaborate Opinion of Attorney
General Williams.
SATISFACTION In WASHINGTON.
THE NEWS in LITTLE ROCK.
Belligerent Movements and
Light Skirmishing.

Light Skir1nishing.
WASHINGTON, May Is, 1874.
The President to-day has announced by procla-
nation his recognition OF Elisha Baxter as Gov.
cEnor of the State Of Arkansas.
The following is the proclamation, which was
to-day telegraphed to Little Rock for the infor.
nation Of the private citizens and public onicers
Of the State and all others who are concerned
A PROCLAMATION
BY THE PRESIDENT OF THE UNITED STATES.
Whereas certain turbulent and disorderly per-
sons pretending that Elisha Baxter, the present
Executive OF Arkansas, was not elected, have
combined together with force and arms to resist
his authority such Executive, and other authori-
ties OF said State; and
Whereas said Elisha Baxter has been declared
duly elected blythe General Assembly of said state
as provided in the constitution thereof and has
for long period been exercising the functions Of
said ONCE, into which ne was indicted according
to the constitution and laws of said state, and
ought by its citizens be considered the lawful
Executive thereof; and
Whereas 1t is 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 Legisa-
ture cannot be convened, against domestic vto-
lence; ana
Whereas the said Elisha Baxter, under section
Of article OF the constitution OF the United
States and the laws passed in pursuance thereof,
has heretofore made application to me to protect
said State and the citizens thereof against domes-
tic violence; and
Whereas the General Assembly Of said State
n 0t ho itol
on the 18th inst, pursuant to a call made by said
Elisha Baxter, and both houses thereof have
passed joint resolution applying to to protect
the state against domestic violence; and
Whereas 1t is provided In the laws Of the United
States that In all cases Of instruction to the laws
thereof 1t shall be lawful for the President Of the
United States. on application OF the Legislature
OF snch State, OF the Executive when the Legis-
lature cannot be convened, to employ such part OF
the land and naval forces shall be judged neces-
sary for the purpose OF suppressing such insurrec
ton or causing the laws to be duly executed; and
Whereas 1t is required that whenever 1t may be
necessary in the Judgment Of the President to use
the military force for the purpose Aforesaid he
shall forthwith, by proclamation, command such
insurgents to dispense and retire peaceaby to
their respective homes within o limited time;
now, therefore,
J. Ulysses 8. Grant, President Of the United
States, 90 hereby make proclamation and COM
Mand all turbulent and disorderiy persons to dis
perse and retire peacably to their respective
ab0des within ten days from this date, and here
after submit themselves TO the lawful authority,
to the said Executive and the other constituted
authorities Of said State, and invoke the aid and
cooperation Of all good citizens to uphold law and
preserve the public peace.
In witness whereof have hereunto set my hand
81
be afnxed.
Done at the city Of washington, this fifteenth
day Of May, In the year Of our Lord 1874, and
OF the independence OF the United States the
ninety-eightn. Z. s. GRANT.
By the President:
HAMILTON FISH. Secretary Of State.
THE ATTORNEY GENERALS OPINION.
The opinion OF the Attorney General, by the
legal and constitutional points OF which the Presi
dent is guided in his decision and proclamation OF
to-day, is IS follows:-
DEPARTMENT OF JUsr1cE,l
WASHINGTON, May 10, 1874. !
The PRESIDENT
SIR-Elisha Baxter, claiming to be Governor OF
Arkansas having made due application for Execu-
tive aid to suppress instruction in that State
and Joseph Brooks. claiming also to be Governor
OF said State, having made similar application,
and these applications having been referred by
you 10 me for an opinion as to which Of these per-
sons is the Lawful Executive OF the State,
i nave the honor to submit: THAT Baxter
and Brooks were candidates for the
onlce OF Governor at o general election
held in Arkansas on the 9th day OF November,
1872. Section 10 OF article OF the constitution of
the State provides that the returns OF every cleo
ton for Governor, Lieutenant Governor, Secretary
OF State, treasurer, Auditor, Attorney General and
superintendent OF Public Instruction shall be
sealed up and transmitted to the seat OF govern
ment by the returning officers and directors to the
presiding offlcer OF the Senate, who, during the
nrst week OF the session, shall open and publish
the same in the presence OF the members there
assembled. The person having the highest num-
Der OF votes shall be declared elected; but II two or
more shall have the highest and equal number of
votes for the same ONCE, one OF them shall be
chosen ny joint vote Of both houses.
Contested elections shall likewise be determined
by both houses OF the General Assembly In such
manner as is or may be prescribed by law,
Pursuant to this section the votes for Governor
at the said election were counted, and Baxter was
declared to be duly elected. Said section, as 1t
will be noticed, after providing for canvass OF
the votes specially declares. Contested elections
shall likewise be determined by both houses OF the
General Assembly in such manner as is or may
hereafter be prescribed b Jaw" When this consti-
tuition was adopted there was law In the State,
which continues in force, prescribing the mode in
which the contest should be conducted before the
General Assembly, the drst section OF which Is as
fol0ws:-
"All contested elections of Governor shall be de-
cdeu ny the loinf vote OF both houses OF the Gem
eral Assembly, and In such JOINT meeting the Presi
dent OF the senate shall presiden
Brooks accordingly presented to the lower
House OF sa'd Assembly his petition for a contest
but BY the decisive vote Of 50 to It rejected
by that body. subsequently the Attorney General,
upon the petition OF Brooks, applied to the su.
preme Court Of the State for a quo scayrauto to
try the validity OF Baxter's title to the once or
Governor, In which 1t was alleged that Baxter was
usurper, &c. That course denied the application,
upon the ground that the courts OF the state had
no right 60 hear and determine the question pre.