The New York Herald Newspaper, April 29, 1874, Page 5

Laut AT LAST. A Complete Story of the Ar- kansas Conflict, The Herald Appealed To by the Gubernatorial Contestants. BROOKS’ STATEMENT. ———-—___ Fraud and Corruption the Secrets of Success. MONEY BEFORE PRINCIPLES. His ‘‘Peaceable” Possession of the State House. BAXTER’S STORY. ——_--____ The Inner Political Life of a Reconstructed State. Wholesale Charges of Villany and Attempted Plunder. QUESTIONABLE JUDICIAL TACTICS A Militia CaNed Out to Prevent Violence and Robbery. -——+. Bloodshed Still Prevented by the United States Troops, MR. BROOKS’ STATEMENT. peat Laie bea dail LrrrLe Roox, Ark., Apri} 28, 1874, Ye rae Epiror or THE HERALD:— There was never any question as to my election, ‘The friends of Elisha Baxter all admit this. Under ‘Me-constitucion of the State the returns of eler.. téon for Governor are sent to the presiding ‘ymcor @f the State Senate, whose duty it ‘suring the frst week of the seseson to open the returns and declare the name of the person, who has received the highest aumber of votes as shown by the re- wrng to be duly elected, The Legislature has ‘Rothing to do with courting the vote and cannot Bither admit or, Telect @ vote of either ®& wownsnip or a connty, At the time ‘wue vote was announced by the presiding e@Mcer of the Senate the returns from the coun- Ges of Johnson, Greene and Scott, all of which gave me large majorities, were not in bis hands, but were suppressed and withheld by the County GQlerk, whose duty it was to nave forwarded the same. In other instances the County Clerk would, {m making up the returns for his county, put down ‘Yownships giving a majority for Baxter and reject those in my favor on the Ground of some informality. Iu some @ounties the evidence shows the balict boxes Were changed. Iu townships having not over @0 registered voters the yote was returned as high as 360 for Baxter. To give you a detailed @atement of the fraud and how it was perpetrated ‘would require more time than I can now spare. ‘The members of the Legislature in their election feceived the advantage of the frauds alluded to. Many of ‘hem held their seats by as feeble 4 tenure as Baxter did his, ALLEGED PURCHASE OF THE LEGISLATURE. Towards the close of the session Baxter's ad- hherents evinced some dissatisfaction with him, and I presented my petition to be allowed to con- test the election, having an assurance at the time @fdoing so that if the conservative and demo- _ @atic members that supported me in the canvass ‘would vote for the contest republicans enough would come to uy support to carry it through ‘he House. in the meantime Baxter, knowing @f the contemplated movement, dought @very democratic and conservative member, except seven, with promises tor offices for themselves and friends, which most of them afterwards obtained. When the petition ‘was presented to the House a member moved, as * goon as he heard the name of the petitioner an- mounced, and before it was even read, “that the @ame be rejected.” The vote was taken at once, nd all but nine votes were in favor of its rejec- tion, This was not a determination by the Legislature that Baxter was elected or that I was not. It was simply a refusal to determine anything, although the con- stitation declares that the Legislature shall hear and determine ali contested elections, My petition being rejected so anceremoniously in the House, { did not present it to the Senate, for the Feason that the assent of bath houses must be sep- )a@Pately obtained before a jotat committee can be ‘@ppointea to take testimony, THE QUO WARRANTO PROCERDINOS, Whad nothing personally to do with quo tarranto proceedings in the Supreme Uourt. Of course [ ‘Watcbed it with some interest; but, as it was nota _ PFeceeding that would put me fn office, the remedy @id not meet my wants. An tmpression seems to have pone abroad that I was @ party to the que warranto proceeding, and that the decision * that case determines my rights in the case pending In the Circuit Court. There is no such (So im this State as an intormation in the name jof & quo warranto, but there 1 of a quo war- wanio proper. Quo warranto proper van only be @btained for the assertion and determination of States rights, and is oot a remedy that the citi- gems can ‘fesort to, If the Supreme Court had ousted Baxter this would not have de- termined my right to the office or anthorizea me to have taken possession of the Governor's office. Before I conid have done 30 Jegaily my Might had to be ascertained and declared either vy we courts or Legislature, I had nothing to do With the anit Matitnced by the Attorney Genera) NEW YORK im the Ctrenit Court. It was a suit authorized vy statute jor the assertion of the rights of the State; and the judgment, whether for or against the State, could notin any manner affect my rights. ‘This suit was dismissed. The law of this State allows, as it does in New York and Kentucky, the claimant of any oMice to bring @ suit against & usurper for the office and salary. It was in this kind of an action that I obtained judgment. In support of my action I took evidence, and it is now on file in the Court, clearly showing my election by & large majority. Baxter took no evidence whatever. From the beginning be ignored the courts, and boldly proclaimed in @ public speech at Lewis- burg on the Fourth ef July last that he would not allow the courts co assume jurisdiction or regard its decision, but would disperse the same with military. ATTEMPTS TO INTIMIDATE THE COURTS. At the time of the quo warranto proceeding he actualy issued and delivered to one of his briga- dier generals a proclamation of martial law, and 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 bad rendered judgments im my favor 1 took the oath of office and walked into the Ex- ecutive rooms and informed Baxter of the fact. Shortly alter I took possession he left and I have not seen him since, BROOKS TAKING POSSESSION. The manner of my taking possession seems to have created the impression that it was somewhat irregular. This is not so. No writ of execution is necessary to instal the officer or person in whose favor the judgment is rendered. On taking the oath of office he ts entitled thereto. The judgment executes itself. Your New York lawyers ander- stand bow these judgments are executed, for they have a statute similar to our own (6 Abbott, 220). APPEALS TO THR FEDRRAL GOVERNMENT. The Presidens 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 be means by the expressiun, “fully and ‘finally determined,” J do not know. My understanding always has been that any ques- ton submitted to a court and upon which a judg ment has been rendered was a final determina- tion of the rights of the parties, the party complaining of the judgment aid not appeal or take some steps to Set the judgment aside, ana this Baxter has not done, I am not a lawyer, put I am unable to see or understand why it is that the federal government withholds its support from me and prevents me from driving Baxter and hia insurgents from the city. The friends of Baxter say that the Supreme Court, ina case somewhat analogons to mine, issued g writ of probibition to | & Circuit Court on thé ground that + Seino juris. diction to try the contest. The cases are not ex- actly analogous; but suppose they were, Baxter, having failed to appeal, I have done so, and the very question which Baxter is asking the Presi- dent to decide—that is, that the Circuit Court had no jurisdiction—is now pending hefore the Supreme Court. I hardly think the President will, under the circumstances, pass upon the question of juris- diction, for he might decide it one way and the Supreme Conrt another. THE DIFFIOULTY IN THR COURTS. It is not an onirequent thing fora court to over- rae the doctrine announced in a former decision. The best lawyers tell me that one case does not es- tablish the rale of stare decisio; if 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 ovT, It would not be proper for me to detail to you the measures I have taken for defence and those looking toward aggressive movements. I shall hold my present position, and piace myself in con- dition to enforce obedience to the laws at the earllest day the President will let me. All of the State officers, save the Secretary of State, have and do recognize me as Governor. The latter recog- nizes Baxter, and has gone to Washington to see to something about his office. Wnen he recognizes the lawful Governor he can have his office; but so long as he does not, and aids Baxter in creating a dual government, 1 cannot recognize nim. So far as 1 can learn, some of the tax books were seized, and the Collector’s offices were entered by King White, under the military authority of Baxter, The Baxter government bas no money, and the robbing of their iriends to support an army, as was their policy here, is not conducive to long triendspins, Baxter robbed merchants of this city of nearly $50,000 worth of stores, and the persons executing his orders are not pecuniarily responsible, 1 nave not taken one dollar's worth of property by force, and have thus far patd for all the supplies used by the troops under my command. Baxter’s plaa is to seize the revenue in the hands of the collectors wherever he can and use it to support his troops. I shall not be at all surprised if he appoints a new set of State officers; in fact 1 don’t see how he can run his State government uniess he does something of the sort, for neither Tréasurer nor Auditor of State recognizes his drafts on the Treasury. THE LEGISLATURE POWERLESS, ‘The Legislature can only decide the question of who is Governor when the question is presented to It by acontest. It cannot count or recount the vote on its own motion. I don’t propose to have anything to do with the Legislature. Nor can 1 recognize the right of Baxter to call it without recognizing him as Governor, and this Litt not do, 1 ehall abide the decision of the courts cheerfully, and, as already stated, I have appealed the case, in order to bring it before the Supreme Court at the June term. Baxter, under one law, could appeal at any time within three years; but be ignores the Court; therefore he forces me to appeal, which I do for the purpose of settling the question at the earliest possible mo- ment, When the federal government shall recog- nige me as Governor I do not fear that any other obstruction to the execution of the laws will exist. ‘The leaders will flee the State, ana it would be the par of magnanimity to forgive those who haa deen misied. BARLY HOPES OF 4 SETTLEMENT, Ido not think two elections will be heid this fall in this State. The question of “Who is Goy- ernor?” will be settled long before the time for the appoimtment of registrars and election om- cers. Baxter has no particular idea in convening the Legislature. He is not aman of ideas, The men who are using him want the Legislature con- wened, not for the purpose of saying, “Who is the Jawiul Governor # but for the purpose ef call- ing a constitutional convention. They promise to suppert him ‘or Governor, but, the convention once assetobied, he would be in thelr power, and ‘Ms vaciliating course and lack of nerve during the present troubles would be thrown into his teeth a8 a reason for not keeping their pledges, if, Indeed, tney deemed it necessary to give lim an excuse, which may well be doubted, JOSEPH BROOKS, Governor of Arkansas. MR. BAXTER’S STATEMENT. EXECUTIVE OFFICE, STATE OF ARKANSAS, LirrLe Roox, Ark., April 28, 1874, To tnw EpiTos or mE HERALD:— Before the general election of 1872 such had been the management of the public affairs under the administration of Governor Clayton and his suc- cessor that it was evident some change of tactics must be resorted to in order to carry the State for the republican party. The opposition was jupi- lant; the old citizen element—no inconsiderable body tn the State of Arkunsss—were notoriously disaffected ‘mn consequence of flagrant abuses that had been perpetrated under his name and to the discredit of their loyalty. For this reason, I may suppose, among others, it Was thought that the presentation of the name ‘of an Arkansas Union man, removed from the ac- tive scene of politics of the pase few ycars, might restore harmony and save the election. Certainly I was approached by Senator Clayton and his friends with a proposition of a nomination for the Governorship. I have never since the reconstruc- tion been an active politician, and, occupying & ju- ictal position better suited to my personal tastes, 1t was with reluctance that I consented to accept. I insisted, however, apon a liberal platform, em- bracing, among other things, the enfranchisement of the entire people, and aa this accorded with the line of policy which had dictated my own selection for the position my views were readily acceded to. The returns of election were, as by the constitution required, submitted to the Senate of the State. and the Senate declared me elected by @ majority of some 3,200. BAXTER’S GENERAL DENIAL OP THE FRAUDS. It was claimed by the iriends of Mr. Brooks that frauds had been committed in the conduct of the election, I have only to say what I have always said belore, that if frauds there were, I have no knowledge of them. If frauds were committed | they were committed at the instance of Senator Clayton, Chief Justice McClure and others, leading men of the victorious party. They, and vot I, had the mabagement of the elections. Chief Justice McClure, Who administered to me the oath of office, subse- quently took occasion to say in the Little Rock Republican, of which he was editor, that he was himself cognizant of the insufficiency of my elec- tion. In that respect the Chief Justice has the,ad- vantage of myself. lt is said by the friends of Mr. Brooks that the returns"were tampered with, I meyer saw the returus until after the announce- faent by the Senate of the reguly So much for that, A BROAD HINT TO REPUBLICANS, Tam this day not upon the experimental trial of acandidate, but, after over sixteen months of administration, the choice for the office of Gov- ernor of three-fourths of the people of Arkansas of both colora and of all parties. Of this I fee) assured. I don’t wish to be considered as attribut- ing this endorsement to any popular estimate of my peraonal merits, but to the fact that I have in good faith endeavored, while recognizing to the fall- est extent my obligations to the party which clected me, to strengthen their powers and adopt the sole possible means of sustaining the supremacy of that party in the State by making it an instru Ment, not of oppressiog and plunder, bat of en- franchising the whole people ana protecting and advancing their material interest. I had scarcely been installed when the Chief Justice and his friends began a series of demands in partial or total violation of every pledge upon the strengtu of which I had been elected to omce. Unwilling to array myself against men who had drawn me from comparative retirement to exercise the functions of Chief Magistrate of the Commonweuilth, and, above all, anwilling even to appear to furnish occasion for dissension within the republican pasty of the State, I at first en- deavored to effect a compromise by yielding so far asi might without substantial injury to the popular interests. When I gave them an inch they demanded an ell. 1 s00n learned that to satiaiy them I must be at their every “beck or nod,’ vio- late any and every principle of public policy, faith or honor—in short, that I had to choose between being their tool or their enemy. WHAT M’CLUBE, CLAYTON & CO. DEMANDED. 1 may name among the measures of which they attempted to compel my approval, the Subsidy bill, by which certain railway companies were to be released from payment to the State on account of bonds issued by them for the construction of their respective lines, about $6,000,000; the Metro- politan Police bill, which proposed to constitute the entire area of the State a metropolis, the police of which should have power to arrest without warrant any citizen of the State, and drag him for trial to the capital (the monstrous provisions of this bill, in violation of the funda mental principles of constitutional liberty, were to be enforced by an appropriation almost un- limited) ; and an Election bill, concentrating in the hands of three men, designated as a Board of Canvassers, and having for their chairman the Lieutenant Governor, not alone the power of ap- pointment of judges and clerks of election in every precinct of the State, but also the supervision and review of all proceedings and returns of elec- tion—a triumvirate which would have held the liberties of the people of Arkansas in the perpetual grasp of their clique. When it was discovered that I could not and would not lend my influence or give my assent to Measures such as these, per- suasion and intimidation gave place to attempted bribery and kindred propositions of a most dis- gusting character. ys DISGUSTING POLITICAL TRICKERY, When these had failed Chief Justice McClore and his friends conceived the expedient of reviving the claims of Mr. Brooks, which, up to this time, neither he nor his partisans had attempted to assert, by the sole method known to the constitu. tion—that of a contest before the Legislature, That Mr. Brooks had made himsell a party to any corrupt combination I cannot assert. 1 only know that in the community and in the Legisla- ture such a suspicion was excited by this sudden aavocacy on the part of the Chiet Justice and his associates of a man whom they had so ear- nestly opposed and $0 bitterly denounced 4s a traitor to his party. The appeal, coming, as it did, at the heels of the session, was acted upon, and was summarily rejected in the House of Represen- tatives by a vote, I think, of 63 to 8, I had received then tbe upanimous endorsement, practically, of the Legislature, without distinction of party, confirmation under the forms of the law, but by the ratidcation of @ popular sentiment, the Gov- ernor of the State of Arkansas. In any other State of the Union, and as against any otber set of men than the DESPERATE CABAL nominally beaded py Mr. Brooks, who, determined to role or ruin, were placing themselves, with theiy sole stock in trade of an alleged election frand long gone by, at the disposal of every disap- poimted politiclan—anywhere but here and as against any men but these I should have been se- care in my seat, and the industry of the State might have proceeded undisturbed by these cease- less agitators. It was not so, TRE ACTION OF THE ATTORNEY GENERAL. At the instance of the Chief Justice, Mr. Attorney General Yonley applied tor leave to Mie an informa- tion in the nature of a quo warranto on behalf of the State to determine the validity of my claims as against those of Mr. Brooks, ‘tis proceeding was had before the Supreme Court of the State, the highest judicia: tribunal known to our constitution, and which sits ontyin full bench. I appeared by attorney. After a full hearing and deliberation it was held, Chief Justice McClure alone of the five judges dissenting, that under the constitution the determination of the ques- tion as to whether a person exercising the office of Governor has duly veen elected or not is vested exclusively in the General Assembly of the State, and neither the Supreme nor any other ‘State Court has jurisdiction to try a suit im relation to such contest, be the mode or form what it may, whetner at the suit of the Attorney General or on relation of claimant through him, or by an indivi- dual alone claiming a right to the office. Such issue. should be made before the General Assembly. 1t 1s their duty to decide, and no other tribunal can determine that question. 1do not know how else the question could have been decided, since the constitution, article sixth, section nineteen, thus provides :— The returns of every election for Governor, Lieu- tepant Governor, Secretary of State, Treasurer, Auditor, Attorney General and Superintendent of Pabitc Instruction, shall be sealed up and transmit- led to the seat of government by the returning ofticers, and directed to the presiding oMicer of the Senate, who, during the first week of the session, shail open and publisb the same in the presence of the miembers then assembled. The person having the highest number of votes shall be declared elected; buttftwoor more shall have the highest ‘and equal number of votes for the same office one of them shall be chosen by a joint vote of both houses. Contested elections shall likewise be determined by both houses of the General Assembly in such Mafiner as isor may hereafter be prescribed by law ACTION OF THE REPUBLICAN COMMITTER, A suit entered by the Attorney General under the provisions of the code of practice in the Cir- cuit Court of Pulaski county waa, upon hia motion, Promptly dismissed. The Republican State Cen. tral Committee, under the chairmanship of Sen- ator.Powell Clayton, issued an address reciting with satisfaction the decision of the Supreme Court, and continuing ib the ‘oliowing lan- gnage im Now, at last, we can ootfgrattlate the people of the State upon the undoupred termination of this gubernatorial wartare. The Legislature has acted in the premises. its decision is final, and Gov- ernor Baxter's tenure of office he holas is fixed and ittevocable. The action of the Supreme Court and the Legislature settles all vexed ques- tions calculated to disturb the peace of the State, and Governor Baxter, reflecting the policy ofthe republican party, to secure peace, quiet and order, seized upon this the first opporta- nity presented since the organization of the State government to muster out the entire Militia force of the State. No weil disposed citizen, whdtever his political faith may be, can fail to in- dorse and commend this action of the Governor. It attests the good faith and high purposes of the republican party on all questions affecting the in- terests of the people, and as ap earnest of the | efforts that Governor Baxter and the republican party are making to bring the State of Arkansas to as high a condition of peace, law and order as is enjoyed by the most favored State in the Union. I received from Senators Clayton and Dorsey such despatches as these :— * DESPATCHRS FROM CLAYTON AND CO, Ngw Yorx, June 8, 1873, Ais Excellency ELiIsHa BaxTRn:— Quo warranto proceedings against you have been inaugarated without my knowledge or ap- proval, and are, in my opinion, unwise and highly detrimental to the intereat of the State, My judg- ment did not approve your late action, because [ did not believe that such @ move was seriously contemplated, and, even if contemplated, I re- garded the calling out of the militia as prema- ture. Nor would I now advise any show of torce unless a forcible attempt should be made to oust you. I believe you are the legitimate Gov- ernor of Arkansas; and, as much as J regret to see our State disgraced abroad by distractions at home, J hope you will stand firm, regardiess of re- sults. POWELL CLAYTON. New Yors, June 3, 1873, To Governor ELISHA BAXTER:— You have the unqualified support of myself and friends. The revolutionary proceedings instituted Will not be sustained by the people, 8. W. DORSEY. Again 1 bad reasons to suppose that the State government was secure and that the agitation had ceased, Again I was to be disappointed. To people of States where the judiciary has not yet become the plaything of politics the jacts which I am about to recite may appear incredible. The opinion of the Supreme Court in the quo warranto case, though ver- bally rendered im full Gonrt, reduced to writing and signed by a majority of the judges, had, it seems, not been placed on file. It was re- tBmed inside the pocket of Hon. Marshall L. Stephenson, Associate Justice of the Supreme Court, one of the signers of the decision, for what purpose may be inferred from the transactions which followed. WHY THE MILITIA WAS ORGANIZED. At the time when the revolutionary proceedings to oust me from my office were just institnted, and ‘wheb, as is sufficiently notorious in Arkansas, the threats of judicial interference were treely coupled with those of political ruin to myself and of do- mestic violence, [felt i, my duty, in the interest of the peace and security of the State, to re- organize the militia, The offers of assist- ance which poured upon at chat time were no more confined to members of a single faction or party than had been the in me support rendered me by ‘the practically unani- H mous vote of the House of Representatives. When the citizens of the State were Mocking into my Office to tender their services in the interest of peace and order I did not stop to ascertain whether the lawyer who proffered his counsel or the veteran who offered nis sword tad voted for me or against me, to find what views he en- tertained upon abstract questions of poiitics, or to what use I might put tim in the next cau cus, It happened, therefore, that when the whole State, 1 might almost say, was at and had a right to consider myself, not merely by |} MY Service. not a few of the oMcerg and RUPLE SHEET. men who had volunteerea were members of the party which had opposed me in the recent election. Such an innovation upon the precedents ofthe past four years was, it seems, not to the taste of ex-Governor Clayton. INSOLENCE AND ASSUMPTION. Without authority, that I know of. other than that of native insolence or that of the assumed leadership of the republican party of the State, he peremptorily demanded of me the disbandment of the militia, Unwill- ing, 1 confess, to alienate from the support of my administration tn times still pertl- ous, the support of a powerful adherent hitherto (in profession, at least) steadiast to me, and unwill- tng above all to afford so much asa pretext for dissension tn the party which had placed me in 5 Srst audacious surprise that I could not *.ave taken the State House. It would have been done long age but that my troops, as well as mysel‘, respected the untform embiematic of the federal government that stood between us and the impudent usurper, 1 bad no need of assistance from the United States, other than to be permitred to use in vindi- cation of the law the forces legitimately under my command, but [saw fit to follow te course pre- seribed by the constitution of the United States in taking the earliest moment to appeal for agsist- ance in the suppression of the rebellion, whilel asked for my own action only a free field. The President desired the preservation of peace. DIFFICULTY OF HOLDING BACK THE TROOPS, Ihave found it dificult to persuade my officers and men that they should stand in unity tn front power, I yielded my personal feelings to what I be- of @ Capito! occupied without so much as the lieved to me my duty, and consented to the dis- | color of law by the Insolence of an individual; bandment, In the imterests of peace, of established government, of my own poiltical obligations, 1 had now pressed forbearance and acquiesrence to their limits. Some who may have censured me in thought for so doing may better Understana my course when they remember that I was Governor of the State, bound tn duty to avoid, if possible, that very condition of things which now paralyzes for 3 time our happiness and Prosperity, and that my final assent to the arrogant demand was given only when Mr. Clay- ton, with an oath, declared that unless I did so assent I should never have the benefit of the quo warranto decision which Mr. Justice Stephenson carried in his pocket. Toa citizen of Arkansas in these days the threat needs no explanation. To those who understand it comment 1a unnecessary. It is to this condition of things that tne tribunal of which Mr. Justice Stephenson js & member, after a decision beyond appeal once rendered in my favor, that the gen- tlemen who held the State House by barricades and cannon so warmly urged me toresort. Iam quite content that the decision of the Court is on. record, and do not greatly care to go out of my way in order again to submit the government of the State to the tender mercies of Jadge Stephen. son’s coat pocket. 4 RUPTURE WITH THE SENATORS. Senators Clayton and Dorsey continued, In ap- pearance at least, my friends, A suit instituted in the Puiarki County Circuit Vourt by Mr. J. R. Berry against Mr. Stephen Wheeler, the present incum- bent of the oMce of Anditor, for the possession of that office, was terminated by a writ of Prohibition tesued out of the Supreme Court, upon the same ground of want of juris. diction that was declared in the matter of the Governorship, the writ forbidding the Circait Court to proceed in its determination of the ques. tion, The cage stood in precisely the same atti- tude, with an account brought by Mr. Brooks in person against me before the same Court for the recovery ol the office of Governor and the emolu- ments of said office. This latter case, settied in principle by the issue of the writ of prohibition in the Berry and Wheeler case, was really supposed to have been to all intents and purposes dropped by the plaintif, Mr. Brooks. Oounsel on doth sides had at one time agreed to a dismissal. Mean- time Senators Clayton and Dorsey made their ap- pearance in Little Rock. An individual, repre- senting himself as their agent, called upon me and requested, in thelr name, my complicity at the coming election in frauds sufficient to carry the State in their in- terests. FLAGRANT OFFERS TO CORRUPT BAXTER. On receiving my refusal he dared directly to offer me, as the price of such frauds, a United States Judgeship, and, to nse his own expression, mach money as I wanted.” “If too con- conscientous”—sucb, I believe, was his phrase—to perpetrate in person the desired trands, I was to be granted the privilege of leaving the election in the bands of the gentlemen referred to, and my reward was to te the same. [Illness prevented my reception at the time of Senator Clayton. Senator Dorsey I did see, and he did most certainty bear upon my mind theimpression that he indorsed and sustained the corrupt offer which had been made me. BaMied by my refusal Senator Clayton for the first time openly placed himself in conjunction with Juage McClure, and in opposition to my ad- ministration the hitherto contending factions of McClure, Clayton and Brooks notoriously coalesced, and the conspiracy, the results of which have chilled the prosperity of the State ana involved us in Dloodshed, was concocted. The half for- gotten case of Brooks vs. Baxter in the Pulaski County Circuit Cours was selected to afford the pretext of rebellion. The case stood upon the demurrer to jurisdiction. In the absence of any counsel, and without notice, the demurrer was called up, overruled tn defiance of previous de- cisions of the Supreme Court, and judgment of ouster rendered, the CHIBP MAGISTRATE OP 4 COMMONWEALTH DEPOSRD— if deposed he had been—by the order of a Court of a county, and, as a thing of routine, upon the mo- tion call. [tis nota matter of wonder that every respectable attorney at the capital, including Many hitherto the zealous partisans of Mr. Brooks, at once united By an extraordinary coincidence Mr. and nis friends were convenient to the scene of judgment, Without awaiting the issue of the writ of ouster and upon the overruling of the de- murrer no moment of time was given for the fling of am auswer on the merite of the case, These gentlemen, procuring a mere copy of the minutes of the Judge’s action, and, by a second {coinci- dence, finding the Cnief Justice, the Hon. John Mo- Cure, close by, had Mr. Brooka secretly sworn as Governor. The party proceeded without delay to the Executive office, where, as 1 have ina public proclamation remarked, the traditions of the American people would have rendered it ab- surd to place an armed guard or even a vidette, Mr. Brooks in person, with an armed force of & dozen or twenty, took possession of my room, and I was permitted the alternative of forcible and unseemly ejection or of such arrest or punishment as he might see fit to inflict, Before I could take measures to reoccnpy the State House it was filled with armed despa. radoes. SHALLOW PRETEXT OF USURPATION, ‘The shallowness of the pretext of usurpation is too opyious to require comment, J took means to call ont @ force suicient to maintain the authority of the State. Before my call could be circulated citizens of the State by thousands, and without distinction of color or of party, flocked to the capital, til I was compelled to send messages asking that they would remain at home til their services should be, immediately Teouired, ‘The moment has not beep since the but they have obeyed my restraining orders, ven when provoked by the fire of assassins, I have proposed to the President, as @ peaceable goln- tion of the diMcuity, a resort to the tribunal which the Supreme Court of the State has de- clared to be alone capable of deciding the question—the Legislature of the State 1 received in reply the assurance of his hearty approval and of his protection in the call of the Legislature. Upon the receipt of this assurance I instantly, by proclamation, convened the Legisiature to meet om the lith day of May, the earliest practicable moment. Willing, rather than subject to danger the commercial and agricultural interests of the State to stop its pariey with the usurper wno initiated the armed confict, 1 efered to disband my forces, with the exception of a mere body guard, so fast as he would dismiss his own. I sent home, without awaiting his response, over @ thousand gallant and wellarmed men. He returned none, but on the contrary sought such scanty reinforcements as he could obtain. I will not come in collision with the troops of the United States, and I shal) maintaio no unnecessary body of armed men ; but the legitimate government of the State, ita government de jure and de facto, will maintain its authority until the Legislature shali assembie, the sole constitu- tional tribunal for the decision of the question of supremacy; and until that tribunal shall have rendered its decision 1 know tha: the people of the State are with me I know that the law is with me, and | have too much coni- dence in the good (aith of the government of the United States to imagine that ite power will be used otherwise than in the interest of the people and of the law. ‘ ELISHA BAXTER, Governor of Arkansaa, =e FEDERAL NEUTRALITY. SAS Sere SE LivrLe Rock, Ark., Aprii 28, 1874, Colonel, Rose, the commandant of the United States troops at this post, 18 still on the alert, con- stantly going from the Arsenal to the city. I id happened to meet bim at the post to-day, snd, in speaking of the trouble j Bere, he ead that he had obeyed his | Instructions to the very letter from first to last, and that comprised all he had done; that there ‘Would have been bioodshed unless he had acted as he did, that be had succeeded tn preventing 1t for fourteen days, and that he had succeeded m pre- venting any collision between the opposing forces of Baxter and Brooks. Be bases hia action upon the following despatch :— WASHINGTON, April 16, 1874, COMMANDING OrvicwR, Barracks, Little Rock, At- ! kansas:— By direction of the President, the Secretary of ‘War instructs that you take no part in the politi- cal controversy in the State of Arkansas, unless it 4 should be necessary to prevent bloodshed or colli- sion of armed bodies, Acknowledge receipt, £. D, TOWNSEND, Adjutant Genera), THE MATTER AT WASHINGTON. WasHINGTON, April 28, 1876, The following despatch was received pere to day i— Littie Rocg, Ark., Apri) 27, 1874. |. 8. GRANT, President :— On the 19th day of this month, #8 Governor of this State, I telegraphed you there was an armed insurrection against the legal government of this State, and made 2 requisition you for ald to suppress it and to prevent domestic violence. {have just now been advised you never received the requisition. I now take occasion to say that an armed insurrection exists in this State against the law: constituted authority thereo!, and as the Legislature cannot t until the 11th day of May, I call upon you for aid to provect the State agamnit domentic Via- Kare Governor of ‘Avkanbaa. A similar call had previously been received trom: Mr. Brooks, claiming to be Governor, and two at- torneys in his behalf reached here yesterday to urge @ compliance with the call. Two attorneys despatched by Mr. Baxter will soon arrive on a in the public actiop of a solemn protest against such proceedings. Brooks ike errand in his behalf. ‘The question as to who the actual Governor is will be presented to the President for decision, unless some other mode of settlement shall inter- vene before the matter is ‘formally taken up for Executive consideration. THE PADRONI'S PREY. Protection for the Wandering Musical Arabs. Mr. Ferdinand de Lucca, Consn! General of Italy, sent the following communication to the Board of Police Commissioners yesterday :— ConsuLate GExKRal or ITALY IN THE Unrrep States, New Youx, April 25, 1874 Hon. Hun Garvxee, President of the Board of issioners, New York :— Sut— tho pleasure of submitting to you « copy of tneactin relation to mendicant and vagrout eid by the Legisiature of this State on the 3d law was passed mai ie my __ solicitat the purpose of stopp! - wrongs fons one with system of up children as mei or ot Musicians aid in making the Jaw effectual Lealled upon you jay, in company with my ooun- Oi. respec it the tollowing plan of aceioa be Dow ow! ac the Police, wich it acema to you wise, I to have That issioners direct the police to ehildren under she Tt ve dancing ot on ‘Beco arrest nced we Sonal tated gente cans tre thetr own duo xu which thete are thelr depositions and bave the same nated. bang | for ie Ht fay’ any the! cant il Sterns” pte meanor ir this statate. Fith—In to tpt gat are Sim) will cake mm retarn tacilivate my labors it the need’ when sted. for & 35 z: i! proters and all dence. i Pet Consul General of Italy in the United States Inciosed was a copy of the law. ‘The subject was referred to Mr. Hawley, Chief Clerk, to arrange the detatis with Mr. De Lucca, REGATTA DAY OF THE ATHLETE? The students of the College of the City of Kw York held yesterday their spring rewatta. The fleet, nombering twenty boats, with crews, led by the flagboat Rebecca, Commodore Manfred 0, Care Toll, started at hal!-past eight o’clock A. M. from the. Harlem bridge, the course belmg over the River and return. ‘The contest tur rited, showing the skill e The various crews, ¢ students of College of the City of vate, ineecle Has brains, The rere was an Well a8 cess, powwithstandisg the unfavorable