The New York Herald Newspaper, May 10, 1874, Page 5

7 THE ARKANSAS CONFLICT. Attempt to Assassinate Lieu- tenant Somerhill. FIGHTING IN THE STREETS. Interference with the Mail on a River Steamer. EFFORT AT COMPROMISE. The Friends of the Combatants in Council at Washington. ATTITUDE OF THE PRESIDENT. LitrLe Roox, Ark., May 9, 1874. At half-past eight this morning several colored men were passing around the corner of Main and Markham streets towards the City Hall, where the Fegulars are, Baxter’s pickets were stationed on the opposite corner, Summerhill, who gave up the Judges, was near the negroes, It is said that Baxter's men are so incensed against him that they threatened to shoot him on sight. Just as he was turning the corner a Baxter man on the same side of Main street drew a revolver and fire, it is supposed at Summerhill. A picket across the street then fired. Summerhill and the negrocs yan around the corner, Summerhill firing & revolver as he went. ‘he negroes made a stand just in front of the Metropolitan Hotel, which is situated at the corner of Main and Markham streets. One of them drew a revolver and fred all of the barrels at the Baxter men. At the next volley he was shot in the head with a charge of buckshot and ' FELL ON HIS FACE DEAD. Meantime Baxter’s men rushed ont of their houses inside their lines and fired. The fire was feturned by the Brooks men on the street. About forty shots were fired and one man killed, named Tom Williiams, from Lewisburg, one of Brooks’ re- cruiting sergeants. On the first fire the regulars Tushed out and formed in two lines across Mark-— ham street, while others brought out a hose truck, and, with boxes, cord wood, &c., FORMED A BARRICADE, nd about twenty feet behind this they erected Bnother of boxes, wood, &c. An orderly was sent to the Arsenal for artillery, and in a few moments it came rattling down the street, and it was posted about fifteen yards irom the second barricade on the side of the street. POSITION OF THE REGULARS, The regulars have also put up barricades and farthworks between the buildings on open alleys and spaces down to the rivet bank, and are busy perfecting their barricades, which are now guarded. Other soldiers are lying near, with guns _by their sides, Their works command Markham street, on either way towards Baxter’s lines or ‘She State Honse, Itis not known what may turn Spat any moment, Baxter's men did vot get a train last night, as they found the regulars there before them. Both bodies came back, the regulars Jeaving a squad behind to PROTECT THE RAILROAD BUILDING, ‘The following ts from a letter to Special Agent EHagarton from the arkansas River route agent, Ronan, dated Pine Bluff. Mr. Ronan states that on the 6th inst., while the steamer Belle of ‘Texas was coming up the river, at Cummings’,a posse of King White’s men came on board, and while he was attending to the mail at Cooper’s Post OMice, a number of the band cocked their re- voivers, shoved them in his face and ejected him from the cabin. Joe Richards, United States Deputy Marshal, in attempting to protect Ronan ‘was. beaten on the head with revolvers and knocked down tne steps out ofthecabin. Richards escaped to the woods on the bank to save his life. Ronan wants to resign if there is no protection in the State for the United States mail or the agents. Special Agent Edgarton has notified the Post- master General of the facts. Baxter's pickets allowed no one to pass this morning onless passed by the sergeant of the bined NEGROES CAPTURED. At eleven o’clock A, M. two Baxterites on horse, back rode down to the drug store inside their lines. A couple of negroes were standing to- gether, and one of them drew a pistol and shot twice at the horsemen, who returned the fire, | ‘wounding the negro that fired in the leg. Both of them were captured, THE CARTEL AT AN END. ‘The cartel between the opposing forces came to anend at eight o'clock yesterday morning by a | metice trom General Catterson, of the Brooks forces. The body of Captain Sam Heuston, who ‘was killed yesterday on the steamer Hattie, was | buried at three o’clock this aiternoon. The funeral ‘was largely attended. The United States flag in front of Governor Baxter’s headquarters is now raped in mourning. BROOKS’ MEN STOPPING THE TRAINS. Trains on the Fort Smith Railroad have been etopped by the Brooks men to prevent members of | the Legislature and troops for Baxter from coming | to this city. All the stores were closed to-day. | There is no attempt to do any business, | WOMEN AND CHILDREN | Mving in the vicinity of the State House have | moved away, The ministers of the city Rave | Called on the people to unite in services to-mor- row to God to avoid bioodshed and to see that the | right prevails, All armed men found in the Metro- Politan Hotel yesterday were moved out and Colonel Rose placed a guard at the hotel. NBARLY ENOUGH MEMBERS OF THE LEGISLATURE Rave arrived to make a quorum in both Houses. Arrangements have been made for the Legislature to meet in one of the town halls outside of the limits of the State House. Governor Baxter has received several companies to-day to reinforce him, and now has a considerabie force in the city. ‘The Erection of Barricades—Negro Shot and Killed—Reinforcements Arriving= A Fight Expected. Lirrie Rock, May 9—8 P. M. The Baxterlves canght a negro up in the city his alternoon, clubbed him over the head, searched bum for arms and then left him. Both sides are very vigilant. The regulars are ready for any emergency. ‘They have stationed a lookout on the top of the NEW YORK HERALD, SUNDAY, MAY 1), 1874—QUADRUPLE SHEET. ‘The Baxterites have erected a barricade of cast- trop pipes on the river bank, Another negro was shot and killed this after- noon, Baxter has been fecelving reinforcements all the afternoon. There was great cheering as they came in. ‘The owner of the Hattie libelled her and applied to United States Marshal Mills, who seized her with troops and put a guard on her. General Brooker, of Brooks’ militia, found out that the Pilot and captain had not renewed their license cach year as required by law, and reported the fact to Mills, who released her. Some sort of a fight is probabie to-night. THE QUESTION IN WASHINGTON. Wasuinoron, D. C,, May 9, 1874. It was stated in these despatches last night that the supporters of Brooks expected the Arkansas matter would be decided by the Attorney General ee to-day in his favor. The President read the tele- graphic reports with deep regret, and the proba- bility is he would have acted immediately had it not been for an early call from the counsel of Baxter. BAXTER’S COUNSEL SEFORE THE PRESIDENT. At ten o’clock this morning W. W. Wilshire, Representative of the Third Arkansas district and ex-Chief Justice of that State, with Judge Lowe, of Iowa, who had been retained by Governor Bax- ter to defend his cause in Washington, called upon the President and stated the great danger of a conflict of arms between the contending parties in Arkansas. They urged the importance of prompt action on the part of the Executive, and | said something ought to be done immediately in regard to the requisitions of the claimants for federal protection presented to him on the 23d of April, At the same time they submitted to the President the following written PROPOSITION ON THE PART OF GOVERNOR BAXTER, To His Excellency U. 3. GRANT, President of the United States :— In relation to the Baxter-Brooks controversy as to the rightful Governorship of the State of Arkan- gas, the undersigned, autnorized agents and attor- neys of the party first named in the present strange and complicated attitude of the contro- versy growing out of the irregular and conflicting decisions of the question at issue by the courts of said State, and the unhappy division of sentiment | On the subject among the people, do make the fol- lowing proposition, to the end that a peaceful and early adjustment of the difficulty may be secured, | Mamely:—That the Legislature of the State, now being convened, shall be recognized as the General Assembly of the same; that its sessions shall be held in the State House, without inter- ruption or molestation irom any quarter; that it shall receive and entertain a petition from Mr. Brooks setting forth specifically the grounds of his claim to the oMce of Governor, as well as his reasons for contesting Baxter’s right thereto; that | the investigation of the facts of the petition shall be conducted in the manner prescribed by the constitution and statute laws of the State, giving to both parties a full hearing upon the competent and relevant testimony which | either may offer; that the Legisiature shall ; Getermine by joint ballot which of the | Contestants had received a majority of the legal votes at said election, This done, such party, whichever it may be, shall be recognized by the government at Washington as the rightiul Gov- ernor; and until such determination is made and announced Baxter will be considered and treated by the federal authorities here as the ad interim Governor of the State. ‘This, under the circumstances, is deemed rea- sonable and proper, inasmuch ag heretofore he has been recognized as such by the Legisia- ture and the people of the State and all | me departments, of the federal govern- ment.. The foregoing engges vee: much ‘emphasis from the fact that it never could have | been in contemplation that two tribunals, of | equal dignity, aud: from neither of which there Is any appeal, should have concurrent jurisdiction over the same controverted question. ‘The evils resulting from such a construction must be patent to every thinking mind. EP Lowe} For Baxter. RECEPTION OF THE PROPOSITION. The President, after hearing the document read, deposited it in his basket and said he would send for the Attorney General at once. The Attorney | General, in conference with the President, said he thought the proposition a good basis for a settle- | ment without involving the administration on either side, and woula send word to the representatives of Brooks to meet him at his office this afternoon. At two o’clock Senators Clayton and Dorsey and Congressman Hynes, Snyder and Hodges, with ex-Senator Rice, of Arkansas, appeared at the Attorney General’s OMce on behalf of Brooks, and Congressman Wilshire and Judge Lowe on | behalf of Baxter. ‘The apove proposition was read by Judge Lowe, and the Brooks representatives said they would concur, except as to the recognition of Baxter— | that they wanted left open. A general conversa- tion ensued as to what would be the effect if the President recognized either Baxter or Brooks, the friends of the latter claiming that in any event the recognized Governor would have | undue influence over the Legislature, and that the settlement by the Legislature could be anticipated in favor of whichever party was recognized as Governor. They thought it would be better to have neither or both recognized to avoid the influ- ence feare’, The counsel for Baxter then pro- posed the following MODIFICATION OF THE PROPOSITION. As a supplement to the foregoing proposition we add the following modification:—That until the determination by the General Assembly as to who ‘was legally elected Governor, a contest to be made before that body by Joseph Brooks, the question as to which of the contestants has the legal right to exercise the functions of the office of Governor May be determined by the President on the ap- plications heretofore made to him by the respective contestants, if he deems it necessary. Both propositions were then handed to the Brooks party, and at four o’clock they retired to the room adjoining the Attorney Genoral’s for con- sultation and consideration of the propositions made. While the matter was pending the Attorney General sent a note to the President, informing him of the progress made, and to which the President | Yeplied substantially :— THE DESIRE OF THE PRESIDENT, “10 hope they will succeed in agreeing upon some plan of settlement without further delay, and whatever, in your opinion, it is deemed best should be done will have my sanction.” At six o’clock the counsel ior Brooks submitted & modification to the proposition of Baxter's coun- sel, substantially as follows :— ‘That the Legislature should be called by Brooka and Baxter in separate calls to meet at the State House on the fourth Monday of May; that the claims of the contestants should be submitted to tne Legislature as to who had received the greater number of votes at the November election, 1872, for the office of Governor of the State; that they should decide that question in accordance with Oity Bal. the laws of the State, each party to relieve from @ptv and send nome all his troops, retaining only | as a body guard a company not exceeding 100 men; all warlike demonstrations to forthwith cease and both parties to keep absolute peace and refrain from interfering with each other ana their adherents until the final determination of the con- test by the Legislature or untli the national gov- ernment has taken action thereon; the status of the parties to remain as they are unless the Presi- dent deems it necessary to recognize one or the other before the Legislature has finally acted. After carefully examining this proposition Messrs. Wilshire and Lowe retired and agreed to meet at eleven o'clock to-night at the Attorney General’s oMce, In the meantime they TBLEGRAPHED TO GOVERNOR BAXTER to know whether such @ proposition would be ac- ceptable to him, and on the anawer the counsel would act. The counsel for Brooks remained at the Attorney General’s oMce until Mr. Williams returned and informed him of what had been agreed to, The Attorney General said the Prest- dent was HEARTILY TIRED OF THE SUBJECT, and more than worried at the attitude of affairs in Arkansas, but did not desire to interfere except in the interest of peace. WHAT THE ATTORNEY GENERAL SAID. When the Arkansas Congressional delegation met the Attorney General for the first time to- day that official sald, in the blandest manner, but with a firmness characteristic of the man when bis conclusions are formed:—‘‘Gentiemen, the ques- tion of who is Governor of Arkansas will be decided to-day. The President has patiently investigated the subject and waited, in hope something might “occur which would settle the controversy peace- ably, but be will wait no longer. There is, how- ever, & proposition of compromise, and that is to leave the subject to the Legislature. On that basis the question can be settled. Otherwise the mat- ter will be closed on its merits as they appear to the President.” 7 THE RFFEOT. ‘This declaration confounded the honorable Sena- tora and Representatives, excepting Judge Wil- shire, who is Baxter’s defender. During the two weeks the question had been before the President they had reason to know their influence, and were sanguine Brooks would be recognized. So firm and so strong were they in this opinion that they had aporned: the proposition of Baxter to submit the whole question to the Legislature. Brooks had defiantly published that he would not Tecognize the Legislature, and, of course, would not suffer its decision to upset his gubernatorial claims, and this confidence had been held up to this morning, when the brief utterance of the Attorney General completely puzzled and bewil- dered them. What did it mean? Why compromise if Brooks was to be recognized? It was clear something had come between them and the President. The news of bloodshed had per- haps made the Executive resolute, and for the firat time ‘they realized that recognition meant the recognition of Governor Baxter as the lawful Governor of Arkansas. Keenly appreciating the position, they agreed unanimously to compromise; otherwise defeat stared them in the face, and the retreat would not be pleasant 1n their position as national legislators. FORWARDING THE NEWS OF THE DECISION. The next thing was to get the terms as favora- ble as possible, and the result of the conference Was telegraphed promptly at its conclusion. STATEMENT OF THE ATTORNEY GENERAL Before Attorney General Williams left for dinner, he declared that before midnight the whole matter should be ended, He was willing to await the re- sult of deliberation, and only for the most pressing reason would he consent to let the matter go over another day. Senators Clayton and Dorsey looked anxious ana somewhat disturbed at the wholly un- expected change of front. They sought the Presi- dent, who was at home and reaay to see them, the music of the Marine Band having no attraction for him, That interview re- fected what the Attorney General had said, and they retired conscious that the matter was in Mr. Williams’ hands beyond appeal. Dur- ing the conference your correspondent was per- Mitted to be present, and the course of the HERALD ‘was commented upon, the friends of Brooks ad- mitting that they had been treated most fairly, and only wished the editor of the HERALD was of THEIR WAY OF THINKING. Both sides were anxigus to be fully reported, and confided their papers for inspection. Returning to his oMce, the Attorney General {n- formed me that he would be at home at eleven o'clock, when he hoped the final act between the representatives ot the contending factions would be consummated. He then explained =| at what a disadvantage the President had been in this contest. The two Senators and three out of the four Congressmen had pressed him almost daily to recognize Brooks, yet the President could not see his way clear to think as they did—that Brooks was Governor. It ‘was certain whatever he did he would be blamed, and it was @ serious matter to interfere witha scribed. The Arkansas trouble was not at all like the Louisiana case. Inthe latter State a federal Judge, authorized and directed by law, did what he conceived to be his duty. The President in that instance, merely directed the Marshal to entorce the decrees of the federal court, and if necessary to make re- quisition for military support. It was a case of maintaining the supremacy of the federal au- thority against a State Governor and witnout en- tering at length into the merits of the case, he could say that the President had not been de- terred from interfering in Arkansas on account of anything which had arisen out of the Louisiana case. In she matter under consideration the President ‘was most anxious that he should be relieved from direct interference. If, as it was now proposed, the moral effect of the presence of two companies of United States troops would be interposed to protect the Legislature in peaceably deciding who it would recognize as Governor, a small force was as good asa large one when it represented the army. The people of Arkansas knew the President well enough, that if he made up his mind to main- tain peace it would be ‘maintained at all hazards and Congress would not tle his hands, If this proposition was agreed to the administration will only have acted as a mediator, The Governor, recognized by the highest authority in the State— the authority that makes and unmakes its judici- ary—would then be recognized by the President, and that man only will receive the recognition of the President. The Attorney General haa MOST CARRFULLY EXAMINED THE CASE and every argument presented. But there was the indisputable fact, that under the constitution Of the State, in broad daylight, the President of the State Senate bad counted the votes, and the State government, except in the manner pre- | Legislature had aeclared Baxter Governor. What other rewurn there may have been does not enter | into the merits of the case. If-it suited the Politicians to suppress votes because they were against Baxter and for Brooks, or if pains were not taken to get all tne votes, that had nothing to do with the question before him. In the State Court tne same judge had twice, in the most de- cided mapner, overruled Brooks’ appeal, and in the United States Court he had also been beaten. Even the very parties who were now for Brooks were on those days for Baxier, and if, in view of ali these facts, Baxter was not the legal Governor it would be diMcult to explain the reason why. As Mr. Williams continued there was A MERRY TWINKLE IN HIS EYE, and especially when he spoke of the consterna- tion which seized the Brooksites wnen he told them somebody would be Governor of Arkansas | before night, if they did not agree to a compro- mise which had so frequently been rejected. DURING THE DISCUSSION TO-DAY it appears that Senator Clayton urged that the influence of either Governor, acting de facto, would control the legislation, ag he would have 1auch in- fluence. That Baxter’s counsel conceded, and asked if it had any weight when Baxter was Gov- ernor und Dorsey was elected Senator, for the important question might be raised, if Baxter was not the legal Governor of Arkansas what were the credentials of Senator Dorsey, signed by Gov- ernor Baxter, worth to tne United States Senate. The Attorney General appeared in the best of spirits and happy that the matter was so nearly in the way of settlement. When it was proposed to | BIND THE PRESIDENT to whatever might be agreed upon between Brooks’ and Baxter’s counsel the Attorney Gen- eral plainly informed Brooks’ counsel that under no circumstances would the President be a party tw any such agreement, His hands must be free, and he would not agree even to wait the action of the Legislature, lest it might be important, before the case had been finally disposed of by that body, to recognize some one as Governor. And he hopéd these parties would bear this in mind in whatever agreement they drew up. THE LAST APPEAL OF BROOKS ‘was received by the’President this afternoon, and immediately sent by message to the Atworney General, who received it whfle the counsel were arranging terms of agreement. As no despatches had been received from Baxter up to a late hour this afternoon it was surmised that Brooks con- trolled the telegraph, and the latter part of his e@ppeal for recognition seemed to justify this opinion, As a compromuse was likely to be effected no notice was taken ofthe appeal. It wasas {ol- lows :— Banine Cross, Ark., May 8, 1874. To PRESIDENT Guant, Washington :— I was elected to the office of Governor of Arkan- sas by @ large majority of voters. This I have es- tablished by proof in the courts, I have been ad- Judged entitled to the office by the Circuit Court, the only court of general jurisdiction in the State. ‘The force and effect of this judgment was submit- ted to the Supreme Court in a proceeding which j called into question the jurisdiction of the Circuit Oourt and the force and effect of | ite judgment and my right to exercise the duties and office of Governor, and now the Supreme Court has adjudicated me to be the lawiul Gov- ; | ernor of the State and directed the Treasurer to honor my warrant on the Treasury to suppress | violence and disorder, an act that can be per- | formed only by the Governor. I am in actual pos- session and exercising the functions of the ofiice. | A formidable and armed rebellion against tho right and lawful authority exists, 108 WAGES and several lives hi | ter. Ihave appealed and do now appeal to Your | Excellency as Chief Magistrate ot the United States for assistance to quell insurrecrion.and domestic violence. Two days have the insurgents projected @ desperate struggle to gain possession of the State House and public property. I am able to hold | ; the situation against all the force that the insur- gents can rally, but prompt recognition and inter- position on your part would prevent the effusion of much blood. JOSEPH BROOKS, Governor of Arkansas, THE DORR REBELLION. Its Close Resemblance to the Arkansas Diffi- culty—Two Governors in Each Case— Views of Daniel Webster and Chief Justice Taney. ‘The present condition of affairs in Arkansas re- | sembles, m many respects, the situation in Rhode | Island during*the Dorr rebellion in 1842, There were at the time in the latter Commonwealth two Governors, each claiming to have been constitu- tionally elected to the office ; there were two State | governments in existence that were at war with | each other; the inhabitants were divided into two hostile camps; martial law was proclaimed ; troops | | were mustered aad armed by the contending par- | ties for the purpose of maintaining by force their | respective claims; collisions took place, and the . President was appealed to for military assistance to | put down the insurrection by the Governor whom | @orr attempted to deprive of office. Dorr was | defeated in his attempt to establish bis authority; but it was the knowledge of President Tyler's de- cision to call out the militia to suppress domestic violence in Rhode Island that put an end to nis armed opposition to the existing State govern- | meant, What took place supsequently in connec: tion with the trial of Dorr and other legal pro- ceedings are of the greatest’ importance at the present juncture, fo» they were the occasion of eliciting the views ahd opinions of Daniel Webster, Chief Justice Taney and others on the subject of the powers and duty of the President under the constitution and laws to interfere in the domestic affairs of a State where two rivals resort to force in order that one of them should obtain | possession of its government. The existing gov- | ernment, it will be seen by what follows, is con- sidered the one that should be protected and that the President is bound to uphold it, He has also, it would appear, the constitutional privilege to de- | cide which 1s the legal government and to act ac- cordingly. In a contested election for Governor it would also appear that the courts have no power to decide who is elected or who is not, that right belonging to the Legislature. The opinions of the statesmen and jurists of the highest and purest character on these points would seem to leave no doubt as to the proper course for the federai au- thorities to pursue in the Arkansas difficulties, ORIGIN OF THE REBELLION, The Dorr rebellion in Rhode Island, in 1842, originated out of the efforts that had been made, to effect & change in its constitution. The govern- ment at that time was based upon a charter granted by Charies II,, in 1663. and the apportion- | ment of representation in the Legislature was | | greatly at variance with the distribution of the | population. The elective franchise was limited to the holders of a certain amount of real estate and to their eldest sons, About one-third only of the | citizens were vovers. It was under this form of goverament that Rhode [sland united witn the other States in the Declaration of Independence and afterwards ratified the constitution of the United States and became a member of the Union. In this form of government no mode of proceed- ing was pointed out by which amendments might be made. The idea of effecting a change in tne constitution was entertained as far back a6 1790, A large number of citizens were dissatisfied with the charter government, and particularly with the ‘been lost. It is my duty to | | defend the government I have sworn to adminis- | | sequently elected and did the acts charged as | | gaged iu support of the Dorr movement, was bro- | 6 restriction upon the right of suffrage. Memorials | were addressed to the Legislature upon this subject, | urging the justice and necessity of a more literal | and extended rule, But they failed to produce | the desired efect, Thereupon meetings were held | and suffrage associations formed to continue the agitation of the question. In the meantime Dorr Was elected for five successive years @ member of the Legislature and exerted himself on behalf of the popular cause. In 1886 bis movement for re- form obtained tn the Legislature only seven out of seventy votes. The agitation finally resulted in the ELECTION OF A CONVENTION to form @ new constitution to be submitted to the People (or their adoption or rejection. This con- vention was not autnorized by any law of the ex- isting government. it was elected at voluntary meetings and by those citizens who only favored the plan of reiorm; those who were opposed to it, Or opposed to the manner in which it was proposed to be accomplished, taking no part in the proceed- ings. The persons Chosen delegates came together and framed a constitution by which the right of suffrage was extended to every male citizen over twenty-one years old, who had resided in the State one year. It reccived 14,000 votes, a clear majority of the citizens of the State, Tne Conven- tion declared the instrument the paramount law and constitution of Rhode Isiand. It communi- cated this decision to the Governor (King) under the charter government, for the purpose or being laid before the Legislature, and directed elec- tions tobe heid for a Governor, Members of the Legisiature and other officers under the new con- stitution. These elections, accordingly, took place. Dorr was chosen Governor, and a Legislature, composed exclusively of his supporters, was elected to meet in Providence On the first Monday in May, 1842, The charter party also held a legal election for State officers, polling 5,700 votes, while the suffrage party claimeu to have polled 7,300. MARTIAL LAW PROCLAIMED. ‘The charter party denounced all the Convention business as seditious; the Legisiature passed resolutions declaring all acts done for the purpose of imposing the constitution upon the State to be an assumption of the powers of the government and of the people at large, and that it would matntain its authority and defend the legal rights Of the people. In adopting these measures it was sustained by a large number of citizens claiming tobe a majority. But, notwithstanding the deter- mination of the charter government to maintain its authority, Dorr’s government attempted, May 8, to organize at Providence and seize the reins of government, The charter government, which assembled the same day at Newport, passed an get declaring martial law, aud proceeded to call out the militia to repel the threatened attack and to subdue those who were engaged in it. The critical state wag brought to THE KNOWLEDGE OF PRESIDENT TYLER by the public authorities of Rhode Island. In re- ply to the requisition of the Governor the Pres- ident stated that he did not think it was yet time Jor the application of force, but he wrote a letter to the Secretary of War in which he directed him to confer with the Governor of Rhode Island, and whenever it should appear to them to be neces- sary to call out from Massachusetts and Connecti- cut @ militia force suMcient “to terminate at once” the insurrection by the authority of the government or the United States. It was regarded the Executive as fit “to be suppressed.” On May 18 @ portion of the suitri party assembled at Providence under arms, and attempted ‘TO SRIZE THE ARSENAL, but dispersed at: the Spproach of Governor King with @ military force. ey assembied again to the number of several hundred, 25, at Che- pachet, ten miles from Providence, but being at- tacked by the State forces they dispersed without resistance, and no further attempt was made by the suffrage party to establish the new govern- ment. Dorr took retuge in Counecticut and after- ward in New Hampshire. A reward of $4,000 was offered for his apprehension. An indictment tor high treason was promptly presented agatust the fugitive. On his return he was arrested and brought to trial m 1844, Defore all the judges of the Supreme Court of the State, Chief Justice Duriee residing. He was convicted. ana sentenced to imprisonment for lite—the penalty for the offence according to the laws of Rhode Island. The charge | of the Chief Justice to the jury defined with great clearness the power of courts tu interiere with questious arising in contested election cases, ‘WHAT 18 A LEGAL MAJORITY OF VOTES? It may be said, he remarked, that he really be- Neved himself to be the Governor of the State, and that he acted throughout uncer this delusion. However this may go to extenuate the ofience it does not take trom 1¢1ts 1egal guilt. It is no de- fence for the violation of any law for the deendant to come into Court and say, “I thought I was put exercising a legal right, and I claim an acquittal on the ground of mistake.” Were it so there would be an end to all law and all government, ‘The main ground upon which the prisoner gougnt for a justidcation was that a constitution had been adopted by a majority of the maie aduli popula- Uon of the State, voting if their primary or natu- ral capacity or condition, and that he was sub- Governor under it. He oifered themselves to prove its adoption, and they were also to be followed 4 proot of his election. This evidence we have ruled out, Courts and juries do not count votes to determine Whewlter a constitution has been adopted or a Governor elected or not. Courts take notice, without proof offered from the Bar, what the con- stitution 18 or was, or who is or was Governor of their own State. IT BELONGS TO THE LEGISLATURE to exercise this high duty. It 1s the Legislature, in the exercise ofits delegated autuority that counts the votes and declares whether a constitution be adopted or @ Governor elected or not, and we cannot revise or reverse their acts in this particu- lar without usarping their power. Were the votes on the adoption of our present constitution now offered here to prove that it was or was not adopted, or those given for Governor under it to prove that he was or was not elected, we | could not receive the evidence ourselves; we | could not permit it to pass to And why not? Because should cease to be @ mere judicial, and become @ political trbunal, with tne whole sovereignty in our hands. Netther the Reople nor the Lenislature would be sovereign. We should be sovereign, or you would be sovereign; and we should deal out to parties litigant here at our Kar, vereignty to this or that, according to rules i laws of our own making and heretoiore un- known in courts. In what condition would this country be if appeals could be thus taken to courts and juries? 1! yee might decide one way, and that the other, and the sovereignty might be found here to-day and there to-morrow. Sovereignty is above courts or juries, and the creature cannot sit in judgment upon ite creator, Were this in- strument offered as the constitution of a foreign State, we might, perhaps, under some circum- stances, require proof of its existence; but, even in that cage, the fact would oot be ascertained by coun the votes given at its adoption, but by the certificate of the Secretary of State under the broad seal of the State. We know nothing of the existence of the so-called People’s constitution as law, and there 18 no proof before you of its adop- tion and of the election of the prisoner as Gov- ernor under it; and you can return a verdict only on the evidence that bas passed to you. SUBSEQUENT LEGAL PROCEEDINGS, An appitcation was made by some friends to the Supreme Court of the United States for & writ of habeas corpus, on the ground that the conviction was unconstitutional. It was reiused on the ground tbat Dorr was tt @ party to the proceeding. But the whole subject finally came belore that exalted tribunal. | The house of @ man named Luther, who was en- | the votes n into by a of Charter adherents, in order | toarrest him. He sued in the United States Cir- cuit Court, and the jury, under the ruling of ape Story, who presided, found for the deiendants. An | appeal was taken to the United States supreme | Court. Daniel Webster, in his argument for the deiendants, discussed at great length the question of overturning existing State governments. UNITRD STATES AND STATE GOVERNMENTS, It becomes important, he said, to consider what the constitution and laws of the United bearin ave on this Rhode Isiand question. The Srantttation says that “the Unit States shalt to each’ State @ republican iorm of erat shall protect the several States government and Against invasion; and on application of the Legis- lature, or of ‘tne Executive, wher the Legi ure cannot be convened, against domestic violence.” Now, I cannot but think poy a ne ‘ingent article, drawing aiter it the most important conse- quences, and all of them good consequences, The constitution speaks oi States as having exist atures Le; and existing Executives; and 1 speaks of cases in which Violence is practised or threatened against the State—in other wo! “domestic Violence” —and it says the State shall be protected, It says, then, does it not, thi THE RXISTING GOVERNMENT SHALL BR ‘The constitution does not proceed on the nd of revolution; it does not proceed on any rigot of revolution; but it does go On the idea that within d under the constitution no new form of govern- ent can be established in any State without the authority of the existing government. It had been argued that there was an existing govern- ment, @ paper government at least. Suppose it to have been rightiul. Suppose three-fourtha of tne people of Rhode Island to have been engaged in it and ready to sustain it, What then? How ia it to be doue without the consent of the previous government * How is the fuct that three-fourths ot og We are in favor of the new government vo be legally ascertained? And if the existing deny that act, and if that STATE GOVARNMENT WILL NOT SURRENDER till displaced by force, and if it 18 threatenea by Jorce, then the case of the constitution and the United States must aid the government that is in, because an attempt to displace @ gnvarnmant governmen' by force is ‘domestic viote! provided by the consents nee a ee + f pn emer mpeg If the existing gov. Of the State Dave adopted the constitution, 6 not evident m that thee nines Which the constitutional power here must go he ihe caaaas government? Insurrec- ramen: u thing ippressed, But tae law and a a - tion, the Whole system of American institu do not contemplate a case in which a resort be necessary to proceedings altunde, or ontside of the law and the constitution, jor the purpose of aang: the frame of government. ‘they go on the idea thar the States are all republican, and that they are representative in their torms, that these popular governments in each State, t annually created creatures of the people, wiil give all proper facilities and bring aboat ct wi the people may judge necessary in their constitu. tions, y take that ground and act on no otner supposition. es ee that the po) will tn id histor; ‘pro’ ¢ the tion is well founded. THE DUTY IN SUOH CASES, Referring to the mapner in which nt fone dealt with the application made b; ing, Mr. Webster said that the Pepenseed to each State a republican form of gov- rnment, and a law of has direct the case requiring to call out President, in i gong tu the adoption of 4 mule to pat down domestic vi ce and fection. According to our system it upon the Executive to fovermine 1m the first tn- recognizes governments, as they appear from time to she occurrences Of this changetul world. And the constitution aud the laws, if an insurrection exists against She govern Dens, ie any Bratt renee it necessary to appear armed force, make his duty to call out the miittia and st Tne constitution and laws make it the ble duty of the President to decide in cases commotion what 18 the rightiul government of the State. He cannot avoid such a decision. And in the case of Rhode Island President Tyler decided, of course, that the bering Hp ea the char- ter government, was the rigatful government, CHIBF JUSTICE TANEY ON THE QUESTION, The opinion of tae United States supreme Court was delivered by Chief Sy Taney, It was in favor of the defendants, fie said:—By tne act of February, 1795, the power of deciding whether the e. i had arisen upon which the g ‘nmenc of the United States ta bound to interiere is given tothe President. He is to act upon the applica- cation of the Legislature or of the Executive, and consequently he must determine what body of men constitute the Legislature and who 18 the Gov- ernor before he can act, The tact that both tes claim the right to the government cannot alter the case, tor botn cannot be entitled to it. If there ig an armed conflict, like the one of wiich we are speaking, it is a case of domestic violence and one of the parties must be in tusurrection against the lawiul government; and the President must of ne- cessity decide whica ia the government and which party is unlawfully arrayed agaist it before he can perform the duty imposed upon him by act of Congress. AFTER THE PRESIDENT HAS ACTED and called out the militia, is a Circuit Court of the United States authorized to inquire whether his decision was right’ Could the Court, while tho parvies were actually contending in arms for the possession of the government, call witnesses De- fore it and inquire which party represented the people? If it could then it would become the duty of the Court (provided it came to tne conclusion that the President had decided incorrectly) to dis- charge those who were arrested or detained by the troo of the United States or the govern- ment which the President was trying to maintain. If the judicial power extends so far the guarantee contained in the constitution of the United States 13 A GUARANTEE OF ANARCHY and not oforder. Yet if this right does not in the courts when the conflict is raging, if Judicial power is at that time bound to jollow the decision of the political, it must be equally bound when the contest is over. It cannot, when peace is restored, puntah as offences and crimes the which it before re ed and was bound to recognize as lawful. Upon the application of the Governor (King) under the charter government the President recognizea him as the executive power of the State and took measures to call out the militia to support his authority, if 1¢ should be found necesaary ior the general government to in- teriere; and it is admitved that it was the knowl- edge of this decision that put an end to the armed Opposition to the charter government and vre- vented any further efforts.to establish by foree the proposed constitution. THE INTERFERENCE OF THE PRESIDRNT, therefore, by announcing his determination, was as effectual as if the tia had been assembled under his orders. And it should be equally as aa- thoritative. For certainly no court in the United States, with a knowledge of this decision, would |. have been jastified in recognizing tne opposing party as the lawful government, or of ng wWrongdoers or insurgents the oficers of the gov- ernment the President had recognized and was ‘Was prepared to support by an armed force. In the case of foreign nations the government ac- knowledged by the President is always ta bse tian ny the act or Congress tothe move een AI 1@ ACt Of eign Staten ot the Union. It 18 said that this power in the President is a, ay to Sonat ESOT ye maait an eal power may be abu: Blaged in unworthy hands. But it would be dii- cult, We think, to point out any other hands in which this power would be more saie and at the same time equally 1 When citizens of tte same State are in arme against each otuer and the constituted authorities unable to execute the laws, the imterpogition of the United States must be prompt, or it is of little value. The course of proceed! in courts of justice would be utterly unfit for crisis, And the elevated office.of the President, chosen as he 18 by the peo- le of the United States, and the high responsibility e cannot spite irr hag ag nnn a0 much moment, appear to iurnish a8 stron, guards against a willul abuse of power as fateen prudencs and foresight could weil provide. At ail events, it is conferred upon him by the constita- tion and laws of the United States, and pa therefore, be respected and enforced in its judict tribunals, SEBTCH OF DORR. Thomas Wilson Dorr was born in Providence, R. L, im 1805, and died there in December, Re He was the son of Sullivan Dorr, a successiul Ufacturer; was educated at Putlips’ Academy, Exeter, N. H., and graduated at Hurvard in 1823, He studied law in New York in the office of Chan- cellor Kent, was admitted to tne Bar in 1827, and comment practice in Providence. Originally a Jederalist in politics, he became a democrat in 1837, Mr. Dorr was elected to the Rhode Isiand Assembly 1833-4-5-6 and 1637. He was pardoned in 1847, and six years later the Legislature restored him his civil rights and ordered the record of his sentence to be expunged. He lived to see his State under an improved constitution, though a roperty qualification for voters still exista, and fis Party in legal possession of the government, STRIKE OF THE WEAVERS. The Strikers’ Effort to Drive the La- borers from Their Work—Indignities Heaped on Women and Children— Workmen Taken to the Mills in Car- riages—A Genuine Riot. PHILADELPHIA, May 9, 1874, For several months past the weavers in the northern part of the city have been upon a long and @ determined strike, which is now tending towara painfal and highly dangerous results, Tne strikers are daily and hourly interfering with those who, engaged 10 earning their living, refuse to join their number, and are constantly sending long and threatening letters to the pro- prietory of the mills. These letters state openly, and in the most vituperative and profane manner, that, unless the employers accede to the strikers’ demand, neither the manufactories nor the lives of the former will be safe. Five men engaged in working for the firm of George McDade & Sons, while on their way home, were WAYLAID AND SEVERELY BRATEN by the strikers and three of them very seriously and dangerously injured, On last evening two men employed by Thomas Carver were also severely ated. The operatives of several other Arms juffered much personal abuse, and while they have been engaged upon their work the strikers have heaped indignities upon their wives and children, The communications received from those “hold! of"? that unless the workmen join them at once they will take their lives. So numerous are these attacks upon the work- men that Mr. McDade is compelled to convey he hands to their homes each night in ea. He states that unless he did this they wo au be beaten by those whoare not satisfied with the ana eric cicada eae of Stensen ers’ men, Ww in regular yecupation, learnea thar “their fhuilies wero fn danger and at once hastened home, and so severe were the threats made int them thas only one of the entire number dared return to the milla, Yesterday atternoon, while the workmen were leaving Bromley’s mills, the strikers, in regularly organized ranks, attacked and stoned them. general riot ensued, which tor & ef time, and was warmly participated in by both parties. Those who refuse to work are, in main, drunken and riotous, while those who are willing to serve their yers are in constant anger of their itves. Bro ry ‘WOODS ON FIRB Sr, Pat, Minn., May 9, 1874 Large fires are raging in the woods on the line of the Lake Superior Ratiroad at North Ranch and Porte City, wth @ pretty high wind. tug outer mit ggasi imber ore: don the Tine of the West ieee te ond which nave delayed trains, pemviahinentsirantt BOSTON TYPOGRAPRIOAL UMION, Bosrox, May 9, 1874, The Boston Printers’ Union has elected A. W, Brownell and Frank B. in delegates to Me tional ‘Union, over P. B, Fuarer and W. H. Nelson,