Year: 1874




the liberties of the people of Arkansas
in the perpetual grasp Of the clique.


INITIAL ATTEMPT TO BRiBR TrtE GOVERNOR


When it was discovered that | could
not and would not lend my influence, oil
give my assent to measures such as these
persuasion and intimidation gave place
to attempted bribery, and kindred propo
sitions of a most disgusting character
INCEPTION OF THE MINSTREL AND BROOKS


COMBINATION.


When these had failed, Chief Justice
Mcclure and his friends conceived the
expedent of reviving the claims OF Mr.
Brooks, which, up to this time, neither
he nor his psrtsans had attempted to as
sert by the sole method known to the
ConstitutionT-that of contest before
the Legislature. That Mr. Brooks had
made himself party to any corrupt
combination, | cannot assert. | only
know that in the community and in the
Legislature such suspicion was excited
by tins sudden advocacy, on the part OF
the Chief Justice and his associates, OF a
man whom they had so earnestly opposed
and So bitterly denounced as a traitor to
his party. The appeal, coming, as it did,
at the heels of the session, was acted up.
on, and was summarily rejected in the
House Of Representatives by vote, |
think, of 63 to had received then
the unanimous Endorsement practically,
of the Legislature, without distinction of
party, and had a right to consider myself,
not merely by confirmation under the
forms of the law, but by the ratification
of popular sentiment, the Governor OF
the State of Arkansas. In any other
State of the Union, and as against any
other set OF men than the


DESPERATE cABAL


nomnally headed by Mr. Brooks, who,
determined to rule OF ruin, were placing
themselves, with their sole stock in trade
of an alleged election fraud long gone
by, at the disposal of every disappointed
politician-anywhere but here, and as
against any men but these, should have
been secure in my seat, and the industry
of the State might have proceeded undis
turbed by these ceaseless agitatIons. 1t
was not SO to be.


THE QUo wARRANTo CAsE-TnE DECISION
OF TIE SUPREME COURT.


At the instance Of the Chief Justice,
Mr. Attorney General Yonley applied for
leave to file an application for writ OF
quo warranto, on behalf OF the State, to
determine the validity Of my claims as
against those of Mr.. Brooks. This pro,
ceeding was had before the Supreme
Court Of the State, the highest judicial
tribunal known to our Constitution, and
which sits only in full bench appeared
by attorney After full hearing and de
liberation it was held, Chief Justice Mo
C1urc afvnc or the s~- aae-- ais---.i.-e,,
that under the Constitution the determ
nation OF the question as to whether a
person exercising The office of Governor
has duly been elected or not, is vested
exclusively in the General Assembly Of
the State, and that neither the Supreme
nor any other State Court has jurisdic-
tien to try suit in relation to such con
test, be the mode or form OF contest what
it may whether ut the suit of the Atlor-
ney General, or on relation of claimant
through him, or by an individual claim
ing right to the office. Such issue, II
was held, should be made before the Gen
eral Assembly. 1t is their duty to decide
and no other tribunal can determine that
question. | do not know how else the
question could have been decided, since
the Constitution, article six, section nine
teen, thus provides


The returns Of every election for
Governor, Lieutenant Governor, Secreta-
ry of State, Treasurer, Auditor, Attorney
General and Superintendent Of Public In.
struction, shall be sealed up aud trans
mitted to the seat Of government by the
returning officers, and directed to the pre-
siding officer Of the Senate, who, during
the first week Of the session, shall open
and publish the same in the presence Of
the members then assembled The per-
son having the highest number Of votes
shall be declared elected but il two or
more shall have the highest and equal
number Of votes for the same Office, one
of them shall be chosen by q joint vote
OF both Houses. Contested elections
shall likewise be determined by both
Houses of the General Assembly, in such
manner as is or may hereafter be pre-
scribed by law.


A suit entered by the Attorney Gen
'eral, under the provisions of the Code OF
Practice, in the Circuit Court Of Pulaski
county was, upon his motion, promptly
dismissed.


ACTION OF THE REPUBLICAN STATE CENTRAL


COMMITTEE.


The Republican State Central Commit
tee, under the chairmanship ef Senator
Powell Clayton, issued an address recit.
ing with satisfaction the decision Of the
Supreme Court, and continuing in the
following language:


"Now, at last. we can congratulate the
people of the State upon the undoubted
termination ofthis gubernatorial warfare.
The Legislature has acted in the prem
ises. It's decision is final, and Gov. Bax.
ter's tenure Of the Office he holds is fred
and urerocabie. The action Of the Su.
prcme Court and tho Legislature settles all
rered questions calculated 10 disturb The
peacc of The State, and Gov. Baxter, re-
nce,ing the policy Of the Republican par.
", to secure peace, quiet and order,
seized upon this the first opportunity
presented since tho organization of the
State government, to muster out the en-
tire militia force or the State. No well