The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-08

,s4Is4 @ve WASHINGTON, May Z, 1874.
Messrs. Thomas J. Durant B. r. Rice, Ben. T.
Duval, John T. Humphreys and R. A. Burton,
counsel for Joseph BROOKS In the contest for the
possession OF the once Of Governor OF Arkansas
in opposition to Governor Baxter the legal incum-
bent, who was displaced by the armed force OF In
surrection and usurpation, to-day present to At
torney General George H. Williams the argument
on behalf Of their client In the case.
The text OF the document is a. f0llows:-
BROOKS We. BAxTKR-ARGUMENr IN FAVOR OF
lt.i res8r JOSEPH BROOKS.
TO the Hon. GRoRas a. WILLIAMS, Attorney Gen.
eral, Department OF JUSTICE
SR-Tne constitution OF the United States ar
ticle I, section 4, declares:-'The United States
publican form Of government, and shall protect
each OF them against invasion, and on application
q the Or 81 the
q the United States Is thus obligated
guarantee to every state republican form OF
government (and here the word State plainly
States must make secure against any form Of
government not adopted BY the nee choice OF the
With this assurance to the people OF the State the
question is now only indirectly concerned. The
tion to projecting each State-l e., the people OF
each State-agsinst invasion, to protect them
NATIONAL rRorEOrIoN AGAINST VIOLENCE
Tss 70 !, shs Of
nestle violence must be- OF such magnitude that
the government Of the State cannot repress it.
The protection against this violence must be ap-
j. BY the Legislature; OF,
2. BY the Executive, when the Legislature can
rHs PRESIDENTS POWER.
This constitutional obligation has been assumed
down In the nrst section OF the act Of February
e. 1925, First Statutes, page IA, which declares
IN L ss'; ss'q q:
sns ss e e IN a 5s
cannot % convened to call forth such number Or the
may judge sufficient osuppress such insirrecton.
Before the President can act there must be-
Ffrst-An insurrectlon IN state. f..gA
SeCOnd-That lngurreCttOn must be aQainAt the
governments OF the state.
Application must come from the Legis.
FOssrsn-such application can only comsfrom the
State Executive when the Legislature cannot be
the President must Judge whether all these con.
ditions exist and II he fnds they do not ali exist
Z he has no constitutional right to act n there be
directed against the government OF the state; or
II the application, when an insurrection exists,
BODY Is IN session. Or Is made 81 Che governor srI IL
the absence or the Legislature, and nothing shows
that the Legislature cannot be convened, then in
tionaly call for the militia OF the State a. applied
for. + TO u raN--nt At sllsftsr s#8 -
ssF. NO NsUnRRCTIoN.
Applying these sound rules Of construction to
the situation Of aGairs IN the state Of Arxansss
rEst--ThSt there 10 no Instruction against the
government thereof IL Ii probable that the
trainers Of the constitution, AZ wen as the Con.
By using the words domestic violence" .,
and the latter employing the word ''in-
surrectton." mad merely In view the up
or the Eedsr0hsk tls). contributed BY Mr.. Madi-
son but the meaning OF the term u broad enough
to comprehend any f0rCblo attempt to resist or
overthrow the government OF . state which that
government cannot eub0uAI ThAre y no insur.