The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-29

State could not IN any manner anect my rights.
allows, as it does In New York and Kentucky, the
claimant OF any once to bring q suit against .
usurper for the once and salary 1t was in this kind
Of an action that obtained judgment. In support OF
my action took evidence. and 1t Is now on fle In
the Court, clearly showing my election BY Q large
majority. Baxter took no evidence whatever
From the beginning he ignored the courts, and
boldly proclaimed in a public speech 1t Lewis
burg on the Fourth Of July last that he would not
allow the courts TO assume jurisdiction or regard
military.
ArrExPrs TO INTINIDArE THE COURTS.
At the time OF the quo sca,ranto proceeding he
actually issued and delivered to one Of his brga
der generals proclamation Of martial law, ana
sent him into the Supreme Court room to publish
it on the day it was understood the Court would
announce its opinion and had his armed men in
the state House to enforce the same. After the
Circuit Court had rendered Judgment in my favor
took the oath Of once and walked into the Ex-
CCutiVC IOOWS duu lulOEmCO D6ACcT VI tuc JhCt.
Shortly after took possession be left and have
not seen him since.
BROOKS TAXING POSSESSION.
The manner Of my taking possession seems to
irregular. This is not SO. No writ OF execution is
necessary to install the onicer or person in whose
favor the judgment Is rendered. On taking the
oath OF once he is entitled thereto. The judgment
executes ITSELF Your New York lawyers under
stand how these Judgments are executed, for they
have q statute similar 80 our own Is Abbott 2co).
APPEALS TO THE FEDERAL GOVERNMENT.
The Presidents Of the United States has said he
would preserve the peace until the question OF
who is the Governor shall be fully and finally de-
termined. Just what he means BY the expression,
"fnliy and finally derermined,n do not know.
Ny understanding always has been that any ques-
ton submitted to court and upon which iudg-
ment has been rendered was a final determine
the party complaining Of the Judgment
did not appeal or take some steps to
set the Judgment aside, ana this Baxter
has not DONE am not q lawyer, but I
am unable to see or understand why 1t is that the
federal government withholds It's support from
me and prevents me from driving Baxter and his
insurgents from the city. The friends OF Baxter
say that the supreme Court in case somewhat
analogous to mine. issued writ Of prohibition to
Circuit Court on the ground thai !. a .a 40 jurs.
diction to try the contest The cases are not ex-
actly analogous; but suppose they were, Baxter,
having failed to appeal have done SO. and the
very question which Baxter is asking the Presi.
dent to decide-thst is that the Circuit Court had
no jurisdiction-is now pending before the Supreme
Court hardly think the President win. under
the circumstances. pass upon the question Of iuris
dtctIon, for he might decide 1t one way and the
Supreme Court another.
THE DIFFICULTY IN rHR COURTS.
1t is not an nnirequent thing for court to over
rule the doctrine announced in former decision
tabsh the rule Of stare dectsio; it did we would
not have had two decisions by the Supreme Court
Of the United states in the legal tender cases.
DETERMINED TO HOLD OUT.
IL would not be proper for me To detail to you
the measures have taken for defence and those
looking toward aggressive movements. 1 shall
hold my present position, and place myself In con-
dition to enforce obedience to the laws at the
earliest day the President will let me- All OF the
State officers, save the Secretary OF state, have
ana do recognize me as Governor. The latter recog.
nzes Baxter. and has gone to Washington to see to
something about his once. When he recognizes the
lawful Governor he can have his office; but 50 long
as he does not, and aids Baxter in creating dual
government cannot recognize him. So far as /
can learn, some of the tax books were seized, and
the Collectors ofices were entered by King
White, under the military authority OF Baxter.
The Baxter government has no money, and the
robbtng Of their friends to support an army, as
was their policy here, is not conducive to long
ricndspips. Baxter robbed merchants of this CITY
OF nearly $4,000 worth of stores, and the persons
executing his orders are not pecuniarily
worth Of property by force, and have thus
far paid for all the supplies used by
the troops under my command. Bsxters plan is
to seize the in the hands OF the collectors
wherever he can and use it to support his troops.
shall not be at all surprised If he appoints new
set Of State ofiicers; In fact l don't see how he
can run his state government unless he does
something OF the sort for neither Treasurer nor
Auditor Of state recognizes his drafts on the
Treasury.
THE LEGISLATURES PowERLEss
The Legislature can only decide the question OF
who is Governor when the question is presented
to 1t BY contest It cannot count or recount the
vote on its own motion. l don't propose to
have anything to do with the Legislature. Nor
can recognize the right of Baxter to call