Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-02-19


The whole Arkansas matter forms one oil
The most curious muddles of this era OF
,,omrlicated POLITICS. Ii first came strongly
before the public last spring, when the
country woke TO the not unprecedented
fact that there was quarrel, attended with
some bloodshed, between two claimants for
The position Of Governor Of Arkansas
Nessrs Baxter and Brooks-which was for
the time being settled by the Presidents
recognition of Baxter as having received the
Office through the form of an election, and
as having been recognized by the legislature,
which had the right to determine his title
to the ofice.
Pending the decision Of the President on
the appeals for aid made to him BY both
Baxter and Brooks, Baxter called tcgether
the legislature, which met and passed an
ordinance providing for constitutional
Convention This convention met July IA,
and framed a constitution. The constitu-
zion was voted on Oct. 10, 1874, and at the
same time a legislature and Governor were
chosen under ii. who met the llth OF No
yember. when Baxter turned over the Gov
ernor's office to the newly elected Governor,
Garland, though his own term OF Office I'M
der the old constitution does not expire I'M
til January 49,. Baxter, who was the
candidate of the Republicans in 1872, subse-
quently went over to the Democrats and IN
handing over his Office to Garland, he aided
in the iustallment Of Democrat. Garland
having been the Democratic nominee.
Mr.. Brook, who originally contested
Blxter's election. on the score Of gross
fraud. Text comes 70 the front, with the
regular Republicans at his back, claiming
tha. the new constitution is null, as having
been adopted By means OF contention
which VS. contrary to the constitution ITSELF
thai The CON, en:ion, in submitting the con-
stitation to the people and al the same time
providing for tie election Of officers under 1t,
exceeded the powers Of a convention, and
violated the existing constitution. Brooks
holds that the old constitution is therefore
still in force, and that he is, under 1t, the
only lawfully elected Governor. and that 1t
i the duty Of the Government of the United
State to establish him in the Office.
Congress undertook to find out where the
truth Law in the matter, and sent to Arkan-
sas committee, with Judge Poland a. us
head, to inquire into the facts. The com
mittee reported, the other day, that the
method vi changing the constitution by
convention was valid one that the con-
yention, in some respects, exceeded its pow
ers in the provision for a new election OF
State Government that opponents of the
constitution were shut out from cOntesting
that election before the State courts by an
act of the Legislature. Yet that the new
consultation Is Republican IN form, and in
some respects is better than the old one
that il was adopted by, and is satisfactory
10 d majority Of the voters of the State, and
that any one attempting tc contest an othce
he'd under the new constitution, would do
80 at great danger to his life; that the con-
dition of the State has been as peaceful
since the adoption of the new constitution
rs it ever was and that ''the mass OF people
on both sides are inclined to peace and good
government though there are among them
turbulent meuwho'' invade the rights Of color
ed men: that whatever defects of form there
NAV be in the manner of submitting con-
stitution to the people, they are cured by
the popular ratification. The majority OF
the committee-MessTs. Poland, Scudder,
Savler and Sloss-therefore failed to see sufh-
Gent reason Tor interference by the general
government. and declined to make any re-
eommenaation with regard TO Arkansas. Mr..
Ward, of Illinois, made a minority report,
in the form OF resolution, in which he
finds that Brooks was elected TO ire office Of
Governor in 1872 and IS entitled TO retain
it until 1871.
The majority report would doubtless
have been pretty generally aequiescei in
By Congress, but for the fact that Mr..
Brook side Of the controversy has secured
the powerful aid Of the President. In re
Spouse to s. request from the United States
Senate iJr information, moved by Senator
Clayton Of Arkansas, the President, about
the time ofthe submission Of Judge Poland's
report, replied, giving it as his opinion
that Brooks Is tire lawfully elected Cover
nor" Of Arkansas that he had been ''un
lawfully deprived" Of the Office, and that
the legal constitution had been ''overthrown
ty violence, intimidation, and revolutionary
proceedings" Differing thus widely from
the decision OF the House committee. the
President submitted the whole question to
ConcTess with the earnest request THAT
Congres4 will take definite action in the
matter to relieve the Executive from acting
upon the questions which should be decided
BY the legislative branch of the govern
ment." The Democrats insist that this
means that the President wants Congress 10
interfere in Arkansas, and if it does not
that when the session ends he will do SO.
There i, however, no reason to suppose TIE |
President means anything of the kind.
Plainly his Intention was to throw the |
responsibility upon Congress, and if j neg
leets to act, that will probably be his excuse
tor leaving Arkansas to itself.