The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-11

VINO would take the responsibility Of rejecting the
proposition. Early this morning Governor Baxter
seieRraphed to the Attorney General at length.
declining to accept the proposition contained in
the plan sent last night and urging mis- claim to
recognition as Governor. and again asking the
protection Of the government for the General
Assembly in its meetings ana sessions. be-
ginning Tomorrow. the 18th OF May. GOV.
ornor Brooks also telegrsphed to his rep
resentatives substantially the same, and urged
his requistton on the President to support the
State government In accordance with this In
struction Governor Baxter's representatives.
Judge Wiltshire and n. p. Lowe, OF Iowa. presented
port OF Governor BAKERS claims: III
APPEAL IN BEHALF OF BAXTER.
WASHINGTON, May 10. 1874.
His ExceIency o. 8. GRANT, President OF the
United States:-
Strive are just in receipt OF tele1rsphic infor-
nation from Governor Baxter, OF Arkansas that ne
declines to concur in the propositions submitted to
him last night by the Attorney General insisting
that he Is the lawfully entitled Governor and that
a. such he had heretofore BY convened
tine General Assembly. which, pursuant to that
proclamation meets tomorrow, the 18th inst,
ana viii take action In the matter OF the con-
test between him and Joseph Brooks, at once up
on Mr.. Brooks presenting thereto his application
Tor that purpose. The proposition submitted by
the Attorney General recites that 1t was agreed
TO BY the attorneys and agents OF both contest
anita This was done by the attorneys and
agents OF Mr.. Baxter Tor the purpose. distinctly
expressed by them, OF submitting the proposi-
Roy Win fup hto Aato ffo,,
The representatives OF Governor Baxter insist
that the proposition OF recognizing that the State
had either two governors or none at oil was not
aSsented to, but emphaticaily resisted. But, as
was distinctly stated, for the purpose or obtaining
an expression from Governor Baxter, we con-
sented to its being submitted by the Attorney
General upon his statement that 1t was your wish.
The case now stands IN the same condition o. 1T
old before such propositions were considered at
all. In view OF the TACT that the attorneys and
agents of Mr.. Brooks admit the General Assembly,
when convened, has the power to determine the
vexed question as TO which or the contestants Is
the lawfully elected Governor, and the fact
that there is no question IS to who the members
OF the General Assembly are when convened, and
the further fact that the same has been convened
to meet In extra session on Monday, the 18th inst,
being tomorrow. to enable Mr.. Brooks to make
his contest In the manner prescribed by the con.
Stituti0n, and being advised that there viii be o
quorum Of both houses to meet IT Little Rock, the
capital Of the State. tomorrow, at the appointed
hour to hold said session. settlement OF that
question by the authority that all admit possesses
the power to do SO ID most desirable at once
to the people OF that unfortunate State, we, the
agents and attorneys OF Governor Baxter, in order
that the conflicting claims OF Baxter and Brooks
may be speedily and finally settled by competent
nd thu n nal mi
Of any further trouble on that account, respect
fully urge Your Excellency, in the name and ON
behalf OF Governor Baxter, to recognize and pro-
tect the meeting Of the General Assembly tomOr-
row, ct the capital Of the State and pending the in
vestgatlon by 1t ofthe contest between Baxter and
Brooks to recognize Governor Baxter as the law
full Governor. subject to the disposition OF the
question by the General Assembly 1t being ad-
mitted by all that the General Assembly has the
power to settle the question.
We rely wita confidence upon this request, by
reason OF the tnttmatlOn made by Your Excelency
to Governor Baxter by telegraph, OF date April %
1874, stating that you would ''heartlly approve
any adjustment, peaceabiy, Of the pending Diff
culties In Arkansas by means OF the Legislature,
the courts or otherwise" and that. you
| would give all the protection you
| could under the constitution and laws OF
| the United States to such modes OF adjustment.
Governor Baxter having been declared duly
elected by the authority designated by the consti
tuition, as will appear by the proceedings OF the
two houses Of the General Assembly, on the 9th
day OF January 1879 which fully appear In part
second, executive document, House OF Represen-
tatves, 900, pages to II, present session OF
Congress, quahned as Governor, and from that
time has been recognized by oil the officials and
people OF the State. as well all the departments
OF the national government, including both houses
OF Congress-
As to the conflicting decisions Of the courts Of
the State IN regard to the power Of the courts to
determine the question between Baxter and
Brooks, we shall content ourselves by calling at
tentlon to the fact that the Supreme Court has
twice held that no Court Of the State had urisdic
ton to try and determine contest for the oce OF
Governor or any other executive ONCE named in
section 10 Of article Of the constitution Of
Arkansas. 1t will be borne In mind that
both OF these decisions were rendered by the
Supreme Court. consisting Of five judges, In time
OF peace, when all could attend and assert their
rights or claims without let or hinderance from
any one, while the last and only decision adverse
to that was made by four judges only, called to-
gether evidently Tor the purpose, and held
within the military barrcade or f0rti1ca-
lions Of Joseph Brooks, amid the widest
excitement. and wnen neither Baxter nor
any of his friends could go with safety. The
apparent cause that brought these Jour judges
together, the circumstances under which they
assumed to hold court and the indecent haste with
which their pretended decision was made can
serve no other purpose than to stand as monu-
ment OF their judicial partisaDship and disgrace
to the name OF the Judiciary, and this decision Is
what Is claimed as the cause Of confusing the
speedy determination Of the question pending
before Your Excellency.
In view Of the premises, therefore. that the Leg
slature is conceded by all to be the proper tribu
nal TO decide the matter in contest that the said
Legislature is already convened at Little Rock pre-
pared to enter upon It's labors that Governor Bax-
ter was assured before converting 1t that the Leg
slature would have the protection OF the general
government; that the last decision OF the Supreme
Court was rendered by partial court and under
pecuar circumstaucea; that the attQrneYa and