The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-10
THE QUESTION IN WASHINGTON

to-day in his favor The President read the tele.
graphic reports with deep regret, and the proba-
bility is he would have acted Immediately had it
not been for an early call from the counsel Of
Baxter.
BAxTER's COUNSEL BEFORE TIE PRESIDENT.
At ten O'Clock this morning ". W. Wiltshire,
Representative OF the Third Arkansas district and
ex-Chief Justice Of that State. with Judge Lowe,
OF Iowa, who had been retained by Governor Bax-
ter to defend his cause in Washington, called upon
the President and stated the great danger of
conflict OF arms between the contendlng parties
in Arkansas. They urged the importance OF
prompt action on the part Of the Executive, ana
said something ought TO be done Immediately in
regard to the acquisitions OF the claimants for
federal protection presented 10 him on the 23d
Of April. At the same time they submitted to the
President the following written
PROPOSITION ON THE PART OF GOVERNOR BAXTER.
To His Excelency O. s. GRANT, President OF the
United States:-
In relation to the Baxter-Brooks controversy as
to the rghtful Governorshlp OF the State OF ArEan
sas. the undersigned, authorized agents ana attor
neys Of the party first named in the present
strange and complicated attitude Of the contro-
versy growing out Of the irregular and conflicting
decisions OF the question at issue by the courts OF
said State, and the unhappy division Of sentiments
on the subject among the people, do make the fol-
lowing proposition. to the end that peaceful and
early adjustment of the di1iculty may be secured,
namely THAT the Legislature OF the state,
now being convened shall be recognized as
the General Assembly Of the same that its sessions
oha Hn ISnlA In <1pA
ruption or molestation from any quarter; that 1t
shall receive and entertain petition from Mr..
Brooks setting forth specifically the grounds Of his
claim to the ONCE of Governor as well as his
reasons for contesting Baxters right thereto that
the investigation Of the facts Of the petition shall
be conducted in the manner prescribed by the
constitution and statute laws Of the State,
giving to both parties Q full hearing upon
the competent and relevant testimony which
either may offer; that the Legislature shall
determine by joint ballot which OF the
contestants had received q majority OF the legal
votes at said election. This done, such party,
whichever 1t may be, shall be recognized by the
government at Washington as the righttul Gov
ernor; and until such determination is made and
announced Baxter will be considered and treated
by the federal authorities here as the al fntertm
Governor OF the state.
This, under the circumstances, is deemed rea.
sonable and proper, inasmuch as heretofore he
has been recognized as such by the Legisla-
ture and the people OF the State and all
the departments OF the federal govern
ment. The foregoing suggestion. derives much
emphasis from the TACT that " never could have
been in contemplation that two tribunals, Of
equal dignity, aud from neither OF which there Is
any appeal, should have concurrent Jurisdiction
over the same controverted question. The evils
resulting from such construction must be patent
to every thinking mind.
r. r. p p L UIvshlhE' For Baxter.
RECEPTION OF THE PROPOSITION.
The President after hearing the document read,
deposited it In his basket and said he would send
for the Attorney General at once. The Attorney
General, in conference with the President said he
thought the proposition good basis for SETTLE
ment without involving the administration
on either side, and would send WORD to
the representatives Of Brooks to meet hlm at his
once this afternoon.
At two O'Clock Senators Clayton and Dorsey
and Congressman Hynes, Snyder and Hodges,
with ex-senator Rice, OF Arkansas, appeared at
the Attorney Generals once on behalf Of Brooks.
ana Congressman Wiltshire and Judge Lowe on
behalf OF Baxter.
The above proposition was read by Judge Lowe
and the Brooks representatives said they would
concur, except as to the recognition OF Baxter
that they wanted left open. general converse
ton ensued as to what would be the
effect II the President recognized either Baxter
or Brooks the friends Of the latter claiming that
in any event the recognized Governor would have
undue influence over the Legislature, and that the
settlement by the Legislature could be anticipated
in favor Of whichever party was recognized as
Governor. They thought it would be better to
have neither or both recognized to avoid the infu
ence feared. The counsel for Baxter then pro-
posed the following
MODIFICATION OF THE PROPOSITION.
As supplement to the foregoing proposition we
add the following modification THAT until the
determination by the General Assembly as to who
was legally elected Governor. contest to be made
before that body by Joseph Brooks the question as
to which Of the contestants has the legal right to
exercise the functions OF the once OF Governor
may be determined by the President on the ap-
plicatons heretofore made to him by the respective
contestants, If he deems 1t necessary.
Both propositions were then handed to the
Brooks party, and at four O'Clock they retired to
the room adjoining the Attorney Generals for con-
sultaton and consideration Of the propositions
made. While the matter was pending the Attorney
General sent note to the President, informing him
Of the progress maze, and to which the President
replied substantially
or nm
~ do hope they will succeed In agreeing upon
some plan OF settlement without further delay, and
whatever, in your opinion, it is deemed best
should be done will have my sanction.n
At six O'Clock the counsel Ior Brooks submitted
modification to the proposition OF Baxter's coun-
sci, substantially as follows:-
That the Legislature should be called by Brooks
and Baxter in separate calls to meet at the State