Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-05-12


|. Both the wrong and theremedyin this
complicated case reach much deeper
than the question of the Governorship;
and the final seating of either Brooks
or Baxter will not settle the matter.
There is little doubt that Baxter is to-
day the choice of the majority of the
people, although the count by which
the Legislature declared him elected
was unquestiOnably fraudulent. At
torney General Williams proposed
agreement imphesoa understanding on
the Brooks side that the Legislature
may go behind its own declaration of
Its official count. and correct the alleged
fraud We need hardly remind our
readers that there is no precedent for
any such proceeding. The count of
the vote for State officers, by the Leg
islature in joint convention, is merely
ministerial duty, and when the joint
convention declares the result and ad-
journs it is .tunctits oficiO. If this were
not so-if the Legislature could to-
day review and reverse lis count
of yesterday, we might in factious
times have new Governor
every day in the year. For any fraud
or even innocent error in the Legisla-
tive count. the aggrieved party has no
recourse except TO the courts. The
misfortune in Arkansas has been that
the courts are merely an appanage of
the political system. Her Supreme
Court decides the gravest questions ac-
cording to the wish of the accidental
occupant of the SJate-house. When
Baxter is in, they decide to suit him.
When Brooks is in, they reverse their
former decision for his benefit. The
secret of the entire situation. is that
the Governor is vested with too much
one-man power. Under the registra-
ton and election laws, the Gov
ernor can secure the election of
whatever candidates he pleases for eth
er legislative or Judicial offices. Our
experience in Tennessee un er Brown
low, viii explain exactly how the thing
is done. This is the reason why Sen
ators Clayton and Dorsey want Bro Ks
installed before the coming election.
The remedy against such law would
be for the courts to nullify its uncon-
stitutional provisions; but, as We have
seen, the courts are themselves made
thecreatures of the Executive under its
operation. Plainly, Arkansas has not
a republican form of government, as
guaranteed by the Federal constitution,
and since this guarantee clause is the
ground for interference by the United |
States authorities, the mere decision of |
who is Governor will not reach |
the difficulty at all The control |
of the Governor over registration and |
the returns makes each election an
empty plebiseite, like that which wei |
coined Macmillan to Mexico and death. |
Here, with the power of the United |
States to sustain each successive usurp-
er, the farce may 60 on indefinitely, |
only such men being allowed to become
legislators as viii continue the Law. in
force. The hope which rallied the
Democratic and Conservative masses
around Baxter, has been that
be would not use his power but
allow a fair election, resulting in
a Legislature that would abolish
this one-man power for once and all.
Of course Baxter expected to be re-
for his moderation with a
seat in the Federal Senate, and the peo-
pie were willing to pay the price. But
this prospect for the emancipation of
Arkansas did not suit Messrs. Dorsey
and Clayton nor the rest of the Con-
gressional delegation, as the restora-
ton Of free elections would remit
them all to political oblivion. Hence
the Brooks coup d'etdt.