Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-03-10
ARKANSAS AFFAIRS.
JUDGE poLAND's SPEECH.

IIorsE REPRESENTATIVES,, March 2, 1875.
The House having under confederation the reror n ihc
Select Committee on Nnafs In Arkansas
Mr. Poland said
Mr.. Speaker, | regret that go important aud SO
grave question as II presented IN this ease should
have fallen 10 the lot Of one 50 feeble a. am TO
discuss And regret more that II should have
fallen upon me TO do Il In the condition OF phys-
cal exhaustion am now In. ask the patient at
tcntion Of the mcmbers Of the House to the re-
marks that may have to make upon this subject
although they may not be entertaining, and they
will not be mothodcal, as have made no prepa-
ration for set speech, But do trust To be able
to throw some light upon this question. and TO give
some information 10 gentlemen in relation 10 what
Is and will be the proper discharge Of their duty
In relation TO THIS matter shall not De a3le slr
Illinois, MIR Ward ! never was gifted In that
direction, and whatever gift VI the kind ever had
has been dlssipated by the frosts Of time. was
never able air 10 become eloquent like my friend
from New York MIR Tremainl over plea in abate-
ment, but In relation to the substantial matters,
TO the principles upon which this ease rests, think
have given them thought aud study enough 10
be able 10 afford some information ~ the judg-
ment OF men who have examined II less than
have.
shall discuss this question, sir, in somewhat
different manner from any Of the gentlemen who
have gone before, because do not regard the qncs-
ton Of the election Of 1872 rs at all vital here
Whether Brooks was elected or Baxter WIS elected
in 1879 is not the turning point In this case at all
relation to the history Of and manner Of the adop
ton Of the constitution under which the Cover
mcnt of Arkansas now Is proceeding, and proceed
ing peaceahy aud prospcrously, that calls upon
Congress or any department Of the national gov
ernmont to step in and wipe out a state constitu-
ton and government pcaceahly organized under
IL. The committee have reported that at this elec-
ton Of 1872 Joseph Brooks, one Of the candidates,
q candidate who was supported BY the democrats
and Greeley Republicans, the man that 50 COM
mends himself now to my political friends re-
ccivcl majority Of the legal votes that were cast,
and that Mt Baxter, who was the regular candi-
date oi tle Republican party, Of what was known
IN Arkansas rs the Clayton party, the regular Re
publican organization, ut whose head stood Sena-
tor Powell Clayton, and. next IN command Chief
Justice Mcclure sometimes designated by the pro-
iane and unprotessional man rs Poker Jack,
Wa not elected. These gentlemen and those com
nectcd with them were the very men who con-
coctcd aud designed and carried out this fraud
that they have dinned IN the ears Of every Rcpub-
lean member Of the House.
sir, great sympathy Is manifested for them, and
q good many men have come to me and said that
their hearts were broken With the wrongs ~ these
people, and that although they could not see any
way IN which 10 aid them, they almost thought 1t
their duty Ia overthrow the constitution Ia over
turn the principles Of the government, because
these men were cruelty abused by the fraud IN the
election OF 1877 Sir these are the very men who
Matched the conspiracy and carried II out to it.
completion and fufllment
Sir, ! remember the other night that in the dis
cussion on another question my friend from In
diana, MIR Cohum In very dramatic way. said
70 Us that the lawful and eNiled governor Of Ar
kansas had been stalking like ghost IN midst
for the whole winter What ghosts accompanied
him Who has marched by his side in his gyra-
[ tions about this HALF Why, the very men who
defr,uded him out oi his election the very men
who cheated In every possible way who stuff ed bal
| lot-boXes who figured with the returns, who pre-
vented others being sent In who kept out the vote
/ Of three whole counties, and the vote Of forty OF
] fifty townships in other counties
These are the men who come here appealing r.
/ Republican sympathy to help them. Now, gen
/ tlemen those Of You who are going TO decide this
/ question on party considerations to HELM the Re.
! publican party, beg you to bear this In mind;
/ do not think it has Influenced my Judgment upon
/ this question at all, have not intended that II
should But 10 those gentlemen who have such
/ tender Republican cnn-ciences that they fee
bound, for the good Of the party aud for theii
party friends to go almost any length, beg you
10 look at those party friends. While one Of thes'
eminent gentlemen. who has been here IN oui
midst, stalking like ghost SAYS the gentleman
from lndiaml-and perhaps ought Ia take pride
in saying that he r. a gentleman who Originall,
went frum my state II seems lie was the special ant
trusted friend Of Baxter, he was the very mar
who was elected by this legislature that they "a,
was not a legislature, that they say was legsla
ture got up by fraud and conspiracy and wal
never elevted-l yOu happen "a look into tn
matter, yOu will see that Mr.. Senator Dorsey wa
elected senator Of the United States by this verl
same ten men who voted against him, were tn
same ten men who voted in favor Of allowing Bax
ter 10 petition the legislature. There are SOM
strange condolences whcn you look into the his
tory Of this ease.
Although there were thirty-six men In tina
house who were elected upon the same tickle
with Brooks, yet when he came TO petition tina
legislature to allow him TO make contest on
nine men could be found 10 vote even 10 ALLOW
him to make a contest And when senator Dol
sey's election came of before that legislature h
: received all the votes OF that house except ten
and the very same ten who had voted In favor d
! Brooks.
Now | am not going to argue the qnestio
whether It belonged to the legislature to decid
I this question. have no doubt that under III
, constitution and laws Of Arkansas, it was strictl
question for the legislature to decide and n,
; Tor the courts; and they decided in the way the
! did They refused 10 allow him to have u hea
ing at all. That was the only decision they mad
do not think very much Of that decision But
say, and | say so in the report Of the majority
the committee which was drawn by me- that
Congress deemed it their duty to 60 back into III,
subject and the election Of 1872 and who ";
elected, that was q question of no moment wit
, il Vas should be regarded conclusive by M
y body. While gentlemen upon the other side ~
II arguing stouty against this decision Of the lei
: islatufe, they say they have solemn judgmei
. IN favor Of this Mr.. Joseph Brooks.
Now, propose 10 look at that for momen
e not for the purpose OF determining whether Ii hi
O any binding force, because do not regard that
- a question Of the slightest consideration but To :,
how very honestly the thing was done. This NJ
Brooks made two applications Ia the supren
II court or rather one Of them was made by the a
torney-general in his name-the state Of Arka
4 sas, by Joseph Brooks, relator That supreu
u court did soemnly decide that the question b
> longed TO the legislature TO decide and not 10 ii
: court
. Now" said the gentleman from New Yor
"they never made any such decision: that poi
J Na dpffa by fha 4 nit
E States district Judge" i can Only answer tn
+ by say ing that II Is utterly untrue The decsi,
Of the court as written out by the Judge who d
livered the opinion Is pat fairly and sauarely ms
u the same ground. hut when he came TO show
II 10 Judge Caldwell, the United States Distri
l. Judge, he told him that the thing could be stat,
e, much more tersely and IN better language, al
he wrote In about six lines the substance Of ii
q whole decision which occupied three or fol-
in printed pages, and the judge attached that 10 Il
o opinion 10 be sure, 1t did state the point ye
D. much better than 1t was stated by the Judge; b
re- il stated II no differently, except that the iud
10 had used great many awkward and imprOp
"A words Ia express his opinion.
Then there was another decision Of the supfen
SO court. man who was elected auditor or cami
n, 10 be elected auditor on the same ticket with NJ
fore this same Judge WhytOck, and the applic
a tim Was made Ia the supreme court for a writ
N prohibition commanding Judge Whytook not
a. Z entertain Jurisdiction OF that case
And that same immaculate supreme court ~
sided over 10y this great Judicial mminnry that
alluded to before, in both these cases solemnly d
10 cided that it WAS question that belonged Ia Il
. legislature alone and that no court whatever hi
any jurisdiction over IL After the decisi
1t Of the supreme court had been made in ii
ty case brought by Brooks against Baxter, viii
. WAS pending before Judge Why took one nlornin
70 in the absence Of Bakers counsel the Judge pr
t. nounced judgment upon demurrer that had be
y filed, aud there was undoubtedly prearrang
a. understanding because Brooks was there prese
and marched out Of the courthouse with so1
good strong men with him, who went a. straig
re as their legs could carry them To the governor
p Office and led this Governor Baxter out by the ~
And this is a solemn Judgment Of a court Of ;
- preme jurisdiction, says the gentleman from NJ
of York, MIR. Iremain, this learned lawyer, al
, ought 70 be respected in all places and all cou
"A tries and all times, as foreclosing and adjudicat
this case, so that that question never can be
III quired intS. dc not think, Mr.. Speaker, III
this decision Of the legislature IL entitled TO al
so respect, and this decision Of Mr.. Ciscuit JUST
: Whytock is entitled To great deal less
= Bnt, as | said In the outstart II is a matter
b no very great consideration with me whether ia
a. ter OF Brooks was elected In the fall Of 1872
cause II this government or any department
this government, Is going down into that st;
NC with its troops TO wipe out this new constitute
r. 1t Is matter of very little account whether Jose
a. Brooks is set up the hgure-head By the s0ldi,
- or whether 1t is Elisha Baxter II the question
y is TO be decided in that way aud :he national &c
IT. eminent or any department of il, is to assnI
] hat a ia IA nf M