Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-04-18

]
be no Immediate danger. Governor
] Baxter mas contracted his lines TO the
| vicinity of the Anthony house, and is
now proceeding as before to exercise the
1 duties Of governor, making the AntaD-
ny house the capitol for the time being.
This morning the private secre-
/ taries of both Brooks and Bax-
ter applied at the postolfice foI
] Matchmaker addressed to the governor
of Arkansas, but the postmaster declined
| TO deliver to either party, and tele-
| graphed to Washington for instructions.
Governor Baxter has issued the fol-
lowing
PROCLAMATION:
EXECUTIVE OFFICE, /
a. LITTLE Rock, April l6, 1874.
! To the People OF Arkansas:
! An insurrectiOn, organized in the in
/ terest OF certain parties disappointed in
/ the attempt to secure the influence of
| the executive for the proposed frauds in
/ the approaching election, has effected
! the seizure of the capitol, and now at
/ tempts to usurp the functions of the gov
ernment. The armed sentries and
! loaded cannon, which, for the moment,
support the usurpation within the pre-
cincts of the statehouse, have not been
| deemed requisite TO the maintenance of
a recognized government. The unex-
pected and forcible occupation of the
building could not at the instance, be
successfully resisted. An aversion to
unnecessary bloodshed has, for a few
hours, withheld the arm Of the State
government from an Immediate Vindi-
cation of its rights and dignity. For
bearsnce has seemed only to embolden
| the impudence of the handful of insur-
/ gents. FOrbearance, therefore, is at an
end. General orders No. l, from the
headquarters of the militia of Arkansas,
of date corresponding with this procla-
nation, declares martial law in the
county of Pulaski. It is due to the peo-
pie of the State that the circumstances
which have rendered this course neces-
sary be published. At the election of
1872 was returned governor of Arkan-
sas. At late stage of the session of the
legislature, chosen at the same time, my
opponent, Joseph Brooks, Esq, sought
his sole legitimate and constitutional
method of re Iress, had he been in
jured in the decision of the election, by
an appeal to the representatives of the
people. The appeal was sum-
marily rejected. Application was
then made to the highest judicial au-
thoTity of the State, the supreme court,
for a writ of quo 5OdTrdHto, which should
determine my right to the office Of gov
ernOr. In that case, as in the suit in
stituted for the office of auditor of State,
the highest Judicial tribunal of Arkansas
decided that under the supreme organic
law of the State the determination of
the question of the election of State off,
GERS is exclusively vested in the legisla-
ture. Public excitement was aIlayed,
the State settled itself into quiet under
an administration which, trust, has
not been unfaithful to its professions or
obnoxious to the people. Meantime a
proceeding had been instituted before a
circuit court of county for the possess
sion OF the office of governor. do not
care at present to comment upon the
question of the authority of such a court
to adjudicate upon a matter from the
decision of which the supreme court of
the State had, upon constitutional
grounds, not merely shrunk but affirm
atively denied its own jurisdiction. The
Pulaski circuit court did, clandestinely,
assume upon a demurrer filed in court,
but never submitted to the court for its
action, to render a judgment of custer
against an officer who had for fifteen
months exercised the functions of chief
magistrate of the State. The judgment
was rendered upon the call OF the con-
testant's attorney in violation OF the ex-
press agreement of counsel that the case
should not be taken up in the absence
of the representatives of either party.
1t was rendered, therefore, without the
knowledge or even the suspicion OF the
governor, or OF his counsel, in pursuance
of a plot already matured. In anticipa-
ton of the decision of the circuit court
the cOnspirators, forgetting in their haste
that no writ Of custer had ever been
issued, bstoOk themselves to the room
where the chief justice of the State,
the sole dissenter from the deci-
sion Of the supreme court in the matter,
awaited them by previous appointment,
and then armed with the chief-justice's
attestation to Mr.. BrOoksis oath of
office, proceeded forcibly to eject frem
the ststehouse the chief magistrate of
the commonwealth. An appeal lies, of
course, to the supreme court of the State.
That supreme court has Rlready-in q
case involving the point at issue, de-
termined that no court has tie authority
to decide HE validity of the election of
any executive officer Of the State. 1t
need hardly be remarked that, pending
an appeal, the effect of the judgment of
the circuit court of Pulaski county is
suspended, and that the undertaking to
sustain the enforcement of that judg-
ment pending the appeal is without
color OF law or moral palistion. The
forcible election of the chief magistrate
from the premises was followed by pre-
arranged and prompt summons to
armed desperadoes to bar all access to
the statehOuse of its legitimate occu-
pants. Mr.. Brooks has issued a paper
entitled "a proclamation" in which he
distinctly announces his intention of
bloodshed. '"rhe executive of the State |
has but one obligation to perform, that |
to which he is bound alike by his duty
as citizen and his official oath. The |
authority of the law will be Immediately |
and effectively asserted, peaceably, if |
may be, but asserted. In any event, the /
government proposes TO occupy the capi- |
tol. As governor Of Arkansas, appeal |
to the people of the State to support the |
government Of the State against shame |
less usurpations. Under the solemn OBJ |
legations Of my oath of office, 1 renew |
my promise to be true to them, and ask |
from them the support which they owe /
to their chief magistrate.
ELISHA BAXTER,
Governor OF Arkansas.