The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-09

PRECEDENT Grants Arkansas Message.
The closing sentence of this extraordinary
document conveys clear intimation or threat
that if Congress should follow the advice OF
the committee sent to investigate the condi-
ton of things in Arkansas and let the State
alone, the President will interfere on his own
authority to upset the State government, de-
pose Garland and install Brooks as Governor.
This is the boldest menace, and its fulflment
would be the most daring act ever ventured
upon even by General Grant. 81 earnestly
ask" he says, ''that Congress will take def
mite action in the matter to relieve the Ex-
ecutive from acting upon the question which
should be decided by the Legislative branch
of the government" He too evidently
means, if Congress does not. act, to
adopt course parallel to that which he
has pursued in Louisiana, constituting
the silence Of that body as o permission
to follow his own judgment as to who
is the righttul Governor, and to put him
in Office and maintain him in Office by mill
tary force The demand that Congress act
on the subject in disregard of the advice of
one of its own committees who have visited
the State and inquired into its affairs is alb
surd. If, as the committee think, the new
constitution and the Garland government are
supported by large majority of the people
and are legally valid, what occasion is there
for Congress to stake definite action in the
matter" or to act upon it at all? He might
as reasonably ask Congress to decide whether
Mr.. Tilden is the legal Governor of New
York, with an implied threat of ousting him
if Congress declined to 90 beyond its author
in which Congress has no right to informed
die, and its forbearance to act can give the
President no shadow of an excuse to over
throw the State government and put Brooks
in Office.
According to the Presidents Message he
has much stronger grounds for supporting the
claim of Brooks than he ever had for support
ing that of Kellogg. He does not pretend
that Kellogg was legally elected, and he has
recently stated, in Message to Congress, his
opinion that the Louisiana election of 1872
was "a gigantic fraud" and that he sustained
to the Governorship, he thought Kellogg's the
least Objectionable. But he has no misgivings
respecting the claims of Brooks. He asserts
that gentleman's title to the Office of Governor
in the strongest possible language, and if he
follows the precedent he set for himself in
Louisiana General Grant, as soon as the ses-
sion closes, will send the army to Arkansas to
revolutionize its government. By declaring
his belief that Brooks is the legiti-
mate Governor he has invited him to make
an application for federal assistance in putting
down opposition to his authority and it is
plain from this amazing Message that the
President intends to comply with such a re-
quest when it is made, unless Congress ties
up his hands. We warn him that this will
stir up greater commotion than was caused
even by the military interference with the
Louisiana Legislature.
We will not discuss the Arkansas constitu-
ton now, for the deliberate judgment of
Judge Poland's committee, formed after care
full investigation, renders such discussion
unnecessary. Suffice it to say, that the
alleged irregularity is merely technical, and
is NO greater than has happened in many
other States in adopting new constitutions.
The present constitution Of New York was
framed and adopted in 1916, in disregard of
the provisions of the constitution that pre-
ceded it, it being held here, as it
has been held elsewhere, that the permits
sion of the Legislature and ratification by
majority of the people was sufficient war
rant. Grant has just as much legal authority
to reinstate the old constitution of New York
as he has to send an army to revive the dead
and discarded constitution Of Arkansas after
the people, acting under the authority of the
Legislature, have established another.
The Transit OF Venus.
The letters which We publish to-day from