New-York tribune., 1874-12-01
THE ARKANSAS CASE.

TuE BRIEF FILED WITH THE ArroNEY-GENERAL-
THE WILL OF THE PEOPLE TIE SUPREME LAW
ACTION OF THE STATE SANCTIONED By NUMEROUS
FORMER PRECEDENTs.
fvRoN THE REGULAR CORRESPONDENT ON THE rRTBoSEI
WASHINGTON, Nov. 2S.-The following is
Judge wilshlres brief in the Arkansas case just sub
mitted to the Attorney-General:
w.sHISGroS, d. C., Nov. "a. 1874.
RESPECTED SIR: As the elect from ths
lid Congressional District Of Arkansas 70 the 4LlFh
Congress OF the United states, ioprrsenng a. kbow
do the wishes OF al least tnreciourths OF All tho
people that state in defending Tho new Constitution
an s1uportng Government OF that Safe ORGANIZED
under H. beg leave TO submit the following brief argu-
ment IN response the one the Hou 7. d. W. Ionley
furnished V. V. Smith, pretending - De CpE.ror q.
that stae, fled by HIM with you IN support o' MS
The rcaf cardinal prncple that undcrles whole
system OF American repu0hcansm l. that 10 me esta9
lishment and manage ment OF state q '.fnnent zen @ a
noca mower is Inherent IN the people. sud All iree
Governments are founded on their authority anu ~
stituted for their benefit. peace SAFETY hapne ana
conyenieuce the right Of the people TO exercise ms
Inherent power expressly declared IN tue b OF ts
OF the Constitution OF almost every state Ia tne I
So think that the people. being the source OF an pg
teal power have the right at auy time 70 reloIn eo
local State Government so az 70 make u eOnioTu y, ~
their condition aud wishes, by calling cOuVehoh ot
delegates OF their choosing 10 frame new CONSTITUTION
for that purpose ana when the people are thus ahsm
bed in convention they are clothed with me sOyerJSh
power Of regulating their own domestic auais y, '''
own vav subject only 20 the Constitution Of the UYited
states This power they De deprived or either
by the Federal Government or Dy thcf own actob
TItbont doing irrcparabe violence 70 every principle OF
the republican institutions he country. this power
nheres in tho people then they can exercise IL from
nroper for their own protection. beneht, ana
happiness. This power IL not exhausted Ds O,lH ouCo
exercised Nor the people by coa,iltutloh"i pro-
vision destroy il. because II ubcres 10 aud aI"Al
abides with them, To be exercised a circumstances anu
the ever changing condition Oh the state may relulae
To hold the adverse OF this proposition would be 10 sV
that people OF staie IN the framing OF us u'. ~
All future time a constitution immutIbe a. the laws
Medes and Persans, which could be chasen ony 3
by violent and armed utoh oas" Ian al 49, ri,r "a.
with the spirit aud purpose oi our American -
The attitude Of the people Of Arkansas In adopting
and in their present Efforts 10 MAINTAIN ne ht" to-
tution Just adopted by over" "clu!ng ana uhItee'
dented majority. does not require me app. " & @
prueiplo IN broad sense above stated Inc Con
suuOn OF 1868 suppaued by the new one, contain, 10
calling authorz the people 10 vote upon the nes
tion. and call convention 10 rame new cons utoI
The following the only provision " the constitution
relating IN any manner to the ehAhEii- OF IH"e
AEr Kill to this con'suon m1 be pro;
be agreed by majority Of the members eer to rah ~ W. o
Houses sqch prooosei amendment naI oe - s.ei ~ & & r.
30 genera election snd si be Pah " py
sbocei and II n tae General Assembly, 4ad
su proposed amendments a be 'gd % by az
ory Of al The members House ,a sba be "a
Genera Assembly submit sueh p-oc sd A-e.4ns9s %
eri Assembly hal provide and the peop 'l appfoye aud raS
70 vote for members General Assembly youag thereon 'uea
smenept or mendneus sha become part Oi
From the above quotation 1t viii be seen that mode
OF amendment only was provided for. There are n0
prohlbitOry words IN that provision denying to the Leg
islature the power Or euactlng Law authorizing 40
sovereign people by vote to DE- a@eh Dy l.en Ior t1o
purpose to determine whether or not they desired
convention called TO frame ue" colstuoon. Ncf IS
any such prohibition III any other provision ol Xmas
Constitution. .,
upon the question, that III s,ate OoNelLh'"' NIe
people have reserved 10 themselves 10 De exercised ~
their LEGISLATURE under their d.rec,Ion or instruction.
all political power not eAPreHhy Ioru"'"'n 20 o' s-s
exercised by the Constitution of we s",e OF oi 'Ha
United states. 1870, -
II would certainly seem to be very mover ana
strained construction Of state conS uun 10 h' thdS
section OF Arme g5e Of ~. 9er. &s.euSly ~
an ac; duly passed and approved 10 Lo| the peoys
to give expression or the!r "lshts AL desires uoh
the question OF eaIng Cons''.ot.uu4 No.N.@asIo. @
suca cons tructuu mas never Ucorr DceE tFted uIph
though nuInber OF States baving substantially no
same consultation ths OF ArkaIsss have by the same
proceeding that adopted and pursued " the atC"r
adopted constitutions and orcA-zed their ne"
Governments under them.
aud supported 10y the people however irregular tne pro-
ceedings may been their inception. We have the
Tnlcn some ablest statesmen or tho land have
come The OF PenBsy IN 1880 IN direct oppo.
son 10 the Constitution OF lG, pdstrd, tlJpc > dhi
put into optrtiiUn new cOus' 'Itut0n Ine sole u
Delaware III '?1 dd the same tBS 20 di t"e STATE ot
Maryland IN lo5l NewIOTk m ISC Missouri ~ the ears
s6l- Louisiana III le-, aud d.SSc huset1S ia
1883 In all cases tho 0'd constitutions we're !e.
vised. made "IthouC regard - tle methods
prescribed by the constitutions IN force 40 the tme
These are examples OF states running through nearly
me hU, nls ory Of the Canon, ami o. character
s u make precedent thus established pFIdAe oil tho
Tpuu thls wrl-establs shed authority Iasscrt with
fdencc that TIE l. .glS.1tuie Of AfALAsa, vas amry
c5rnrd with power 10 enact the law pr"Fimg for 'l-
iu the Convention aud submitting that question to tne
people = .o-. ,,,o ,ooDio ,rero c,riod rn,, IN
ynress their the premises through TIE ballot
box the 3oh day OF June ast al an ei,riion neg
nder that act for purpose tine peop, b5 vote oi
about sO259 for aud but ony aeoH' sC9J a! 'lls'' o.
cdred favor OF the ca'nE '4e ~ - t-e
authority thus conferred Oy tue p'opc 'p'u tHe on
venrou was to aud provide Tor 1H't- INTO oic'
a organic laT oi that stI'e. I'm :; =" m I 10y 1o
the Convention to provide ior ana aDOsH srch oHo's
ana to proyide the time ana hAu..I "a 'ec'lht a..
officers 1t might see proper anu ''c pt iy na',iy
The Convention ordered ass'hDlel at me tme ind
place specified in the act auLorLnS te cans OF lIe
same, aud aftc: mature dt il.,S" tru 80
mted 10 the people for tneir acton the new COhr'u-
non M question. the election held Tor me raihc
on re cton OF that instrument theLr We & 'st % Ior
the ratification OF the Constitution a'out 80. tO~,,
and against ratification about 2isO7 showing HJoiI'y
for rat fcatlon Of about 53'sO. . ....-
visions the legislature mas as "Wllcd aud j. now IA
session; all the state and county oiAcf' ''el u'lea
In have been Installed and entered upon tIc discharge
ernment unaer the new Constitution l. IN complete.
harmonious, and successful operation giving I'c9 SnI
contentment 10 n" people, WIN orrh- HOP'' VI "eI"'
Ia CONCLUSION, Will only add by way OF reply 20 he
nisned v smith, holding tnat tue General Assembly
which called the Convention was nos tEIIJ Oh -'"
body that that question has Deen drteI Imlheu a"i
settled by the very abe and weIFOnsiGefe opinion OK
the Attorney General OF tue Uulted states u .ae 1y
Is 1874 ana proclamation or .le President VI mo
sse oe. & g,siatprn in The Brook b xier imbroco
over the overuorshp Of that State Iue whole al su-
ment OF Mr.. YOuey Oh thIs subject seeu- 70 me 70 20
Arkansas having been framed by the authority
OF the people exercised III le@aI mode
naioritS ana and being az submit. IN every
particular republican IN FORM complying WIN every re-
qureluent OF the Federal ConstutoI II is dit ut 10
see by what authority Or the Cons tu.on 4 the United
states or upon what principle OF Amcrran republican
Institutions IL be ques lon,d or tHe GoIrrImcLt
organIxed disturbed, interered "Ith,
BY Federal antAoIy IN the e1e.s.,' Si [s sI 1as e
not occupy very envlabe position ia c'aniu& that mo