Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-05-21
Batter R1.GNlzGD.
Proclamation # tie President.
By the President Of the United Stutes
of 1naerica
4 pRocLAnATlos


By The President Of the United States
Of America.
A PROCLAMATION.
Whereas certain. turbulent and dis
orderly persons, pretending tina, Elisha
Baxter, the present Executive eft Ar
kansas, was no, elected, have cp.nbihed'
together with force and arms Esist
his authority as such ExassjJ and
other authorities of said ~; and
whereas said Elisha Baxter has been
declared duly elected@Eby the General
Assembly of said STATE, as provided in
the constitution thereof, and has for a
long period been exercising the functions
Of that office, into which he Was in
duced according to the constitution
and laws of said State, and ought by
it's citizens to he considered as the law
full Executive thereof; and whereas it
is provided in the Constitution of the
United States that the United States
shall protect every State in the Union
III application Of the Legislature, or Of
the Executive when the Legislature
can not be convened, against domestic
violence; and whereas said Elisha Bax-
ter, under section 4, article ", of the
Constitution of the United States and
the laws passed in pursuance thereof,
has heretofore made application to me
to protect said State and the citizens
til sreof against domestic violence and
whereas the General Assembly of said
State, convened in extra session at the
capital thereof on the 18th instant, pur
suant to a call made by said Elisha
Baxter, and both houses thereof have
passed a joint resolution also applying
to me to protect the State against do
nestle violence and whereas it is pro-
vided in the laws of the United States
that in all cases of Instruction in any
State, or of obstruction to the laws
thereof; it shall be lawful for the Presi-
dent Of the United States, on applica-
ton Of the Legislature of such State,
or OF the Executive when the Legisla-
ture can not be convened, to employ
such part of the land and naval forces
as shall be judged necessary for the
purpose Of suppress 'ing such insurrec
ton, OF causing the laws to be GUY ex-.
ecuted; and whereas it is required that
whenever it may be necessary, in the
judgement Of the President, to use the
military force for the purpose aforesaid
he shall forthwith, by proclamation,
command sueh insurgents to dispense
and retire peaceably to their respective
homes within "A limited time;
Now, therefore, |, Ulysses 5. Grant,
President Of the United States, do
hereby make proclamation and com
mand all turbulent and disorderly per
sons to dispense and retire peaceably
to their respective abodes within ten
days from this date, and hereafter to
submit themselves to the lawful author
ity OF said Executive and the other
constituted authorities of said State :;
and invoke the aid and cooperation
of all good citizens to uphold law aud
preserve pubic peace.
In witness whereof | have hereunto
set my hand and caused the seal of the
United States to be affixed
Done in the city of Waslrington this
fifteenth day OF May, in the year of our
Lord eighteen hundred and seventy
four, and Of the independence of the
United States Of America tine ninety
eighth.
TsEAL U. S. GRANT.
BY the President:
HAMILTON FISH, Secretary of State.
The OPINION OF ATTORNEY GENERAL
WILLIAMS
The Attorney General says, in his
lengthy opinion upon the Arkansas
question: Il think it would be dis
.stroas to allow the proceedings by
which Brooks obtained possession OF
the Office to be drawn precedent -
There is not State In the Union in
which they would not produce conflict,
and probably bloodshed. They can
not be upheld or justified upon any
ground; and in my opinion, Elisha
Baxter should be recognized as the
lawful Governor of Arkansas
''Since the foregoing was written
have received Geographic copy of
what purports to be decision of the
Supreme Court of Arkansas, delivered
Oh the 9TH instant, from which it APP
pears that the Auditor of State, upon
the recognition Of Brooks, drew his
warrant on the Treasurer for the sum
of one Thousand dollars, payment of
which was refused Brooks then ap
piled to the Supreme Court for writ
OF mandamus upon the Treasurer, who
set up, by way Of defense, that Brooks
was not Governor Of the State, to
which Brooks demurred."
Here follows the opinion of the court
Concerning the question Of jurisdiction
Of the Circuit Cour. in rendering
Judgment in the case of Brooks VS..
Baxter, after which the Attorney Gen
eral in his answer to the President con
tinues with the following statement !:
'On the 10th of April Brooks made a
formal application to the President for
aid to suppress domestic violence,
which was accompanied by a paper
signed by Chief Justice Mcclure and
Justices Searle and Stephenson, i'll
which they stated that they recognized
Baxter as Governor, and to this paper
also is appended the advice Of Page,
the respondent in the above named
proceedings, for mandamus. Page,
therefore did not refuse to pay the
warrant Of the auditor, because he did
not recognize Brooks as Governor but
the object OF his refusal evidently was
to make a case for the Supreme Court.
Accordingly, the pleadings were made
up by the parties, both Of whom were