The New York Herald Newspaper, May 16, 1874, Page 3

y NEW ‘YORK HERALD, SATURDAY, MAY 16, 1874—TRIPLE SHEET. MME ARKANSAS CONTEST | 3 Proclamation by the President of the United States, BAXTER DECLARED GOVERNOR. Elaborate Opinion of Attorney General Williams. ——1 9 SATISFACTION IN WASHINGTON. THE NEWS IN LITTLE ROCK. Belligerent Movements and Light Skirmishing. WASHINGTON, May 15, 1874, The President to-day bas announced by procia- Mation his recognition of Elisha Baxter as Gov. ernor of the State of Arkansas. ‘The following is the proclamation, which was to-day telegraphed to Little Rock for the infor- Mation of the private citizens and public oMicers of the State and all others who are concerned :— A PROCLAMATION BY THE PRESIDENT OP THR UNITED STATES, Whereas certain turbulent and disorderly per- sons, pretending that Elisha Baxter, the present Executive of Arkansas, was not elected, have combined together with force and arms to resist his authority as such Executive, and other authori- ties of said State; and Whereas said Eiisna Baxter hasbeen declared duly elected byghe Generat Assembly of saia State 88 provided in the constitution thereof, and has for a long period been exercising the functions of Said ofice, into which he was inducted according tothe constitution and laws of said State, and ought by its citizens be considered the lawful Executive thereof; and Whereas it is provided in the constitution of the United States that the United States shall protect every State in the Union, on application of the Legislature, or of the Executive when the Legisia- ture cannot be convened, against domestic vio- lence; anf Whereas the said Elisha Baxter, under section 4 @f article 4 of the constitution of the United States and tne laws passed in pursuance thereof, hag heretofore made application to me to protect said State and the citizens thereof against domes- tic violence; and Whereas the General Assembly of said State convened in extra session at the capital thereof, on the 11th inst,, pursuant toa call made by said Elisha Baxter, and both houses thereof have passed a joint resolution applying to me to protect the state against domestic violence; and Whereas it 1s provided in the laws of tne United States that in all cases of insurrection to the laws thereof it shall be lawful for the President of the United States. on application of the Legislature Of such State, or of the Executive when the Legis- | lature cannot be convened, to employ such part of the land and naval forces as shall be judged neces- sary for the purpose of suppressing such insurrec- tion or causing the laws to be duly executed; and Whereas it 1s required that whenever It may be . Recessary in the judgment of the President to use the military force for the purpose aforesaid he shall forthwith, by proclamation, command such Imsargents to disperse and retire peaceably to their respective homes within a limited time; now, therefore, I, Ulysses 8. Grant, President of the United States, ado hereby make proclamation and com- mand ail turbulent and dworderly persons to dis- perse and retire peacably to their respective sbodes within ten days from this date, and here- after submit themselves to the law!ul authority, to the said Executive and the other constituted authorities of said State, and I invoke the aid and co-operation of all good citizens to uphold law and preserve the public peace. In witness whereo! | have hereunto set my hand and caused the seal of the United States to be amxed. Done at the city of Washington, this fifteenth day of May, in the year of our Lord 1874, and Of the independence of the United States the ninety-eightn, U. 8, GRANT, By the President: HaxItron Fish, Secretary of State. THE ATTORNEY GENERAL'S OPINION. The opinion of the Attorney General, by the legal and constitutional points of which the Presi- dent is guided in his decision and proclamation of to-day, 1s a8 follows:— DEPARTMENT OF JUSTICE, WasHINGTON, May 15, 1874. } THE PRESIDENT:— SiR—Elisha Baxter, claiming to be Governor of Arkansas, having made due application for Execu- tive aid to suppress an insurrection in that State, and Joseph Brooks, claiming also to be Governor of said State, having made a similar application, and these applications having been referred by you to me for an opinion as to which of these per- sons is the lawiut Executive of the State, I nave the honor to submit:—That Baxter and Brooks were candidates for the ofiice ot Governor at a general election held in Arkansas on the Sth day of November, 1872, Section 19 of article 6 of the constitution of the State provides that the returns of every elec- tion for Governor, Lieutenant Governor, Secretary of State, ‘Ireasurer, Auditor, Attorney General and Superintendent of Public Instruction shall be seaied up and transmitted to the seat of govern- ment by the returning officers and directors to tne presiding ofMfcer of the Senate, who, during the first week of the session, shail open and publish the same in the presence of the members there assembled. The person having the highest num- ber of votes shall be declared elected ; but if two or more shall have the highest and equal number of votes for the same office, one of them shall be Chosen oy 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 be prescribed by law, Pursuant to this section the votes for Governor at the said election were counted, and Baxter was declared to be duly elected. Said section, as it Wilt be noticed, after providing fora canvass of the votes. specially declares, “Contested elections shall likewise be determined by both houses of the General Assembly in such manner as is or may hereafter be prescribed bejaw.” When this consti- tution was adopted there was a law in the State, which continues in force, prescribing the mode in ‘which the contest should be conducted before the General Assembly, the first section of which is a8 follows :— “All contested elections of Governor shall be de- cided by the gory, vote of both louses of the Gen- eral Assembly, aud in such joint meeting the Presi- dent of the Senate shall preside.” Brooks accordingly presented to the lower House of satd Assembly his petition for a contest, but, by the decisive vote of 63 to 9, it was rejected by that body. Subsequently the Autorney General, upon the petition of Brooks, applied to the Su- preme Court of the State for a quo warranto to try the validity of Baxter's titie to the office or Governor, in which it was alleged that Baxter was s usurper, &c. That course denied the application. upon the ground that the courts of the State had no right co hear and determine the question ponte, because exclusive Jurisdioton in. auch cases had been conferred upon the General Assem- bly by the constitution and laws of the state, Brooks then brought @ suit against Baxter in the Pulaski Circuit Court under section 625 of the Civil code of Arkansas, which reads as followa:— “Whenever @ person Usurps an office or franchise to which he is not entitled by law, an action by proceedings at law may be instituted against him either by the State or the party eutitied to the oMce oF franchise to prevers sne usurper from ercising the oilice or iranchise.”” Stated in his petition that he received and that Baxter received less ¢ 7" tee rped the : att usur, e oMce, prays that it may be ore to him by the judgment of the court, and that ne may recover the sum of 000, the emoluments of said ottice wi! from him by Baxter, This iy the simple exe Brooks Court be jor Fg office of vernor. Bax! jarred this peti tion on the ground that the Court had no juriadic- tion of the ¢ and afterw on the 16th of April, the Court, in the absence of defendant 's counsel, overruled the demurrer, and, without further pleadings or any evidence in the case, ren- dered judgment for Brooks in accordance with the prayer of his petition, Brooks, within a lew minutes thereafter, without process to eniorce the execution of said judgment and with the ald of armed men, forcibly rejected Baxter and took pos- session of the Governor's office. Un the next day aiter the judgment was rendered, Baxter’s counsel Made a motion to set it aside, alleging, among other things, as grounds therelor ‘that they were absent when the demurrer was submitted and the final judgment thereon rendered; that the judgment of the Court upon overruling the demurrer should have been tnat the defendant answer over, instead of which a final judgment was rendered without giving any time or opportunity to answer the compat ite merits; that the Court ly, thas an , nO jurisdiction’ over tue subject matter of the suit; 4 Re next day this motion i ‘was overruled by the Section 4, of the constitution of the United States is as follows:— “The United States shall guarantee to every = = o a State in this Union a republican 1orm of governe ment, and shail protect each of them Inst in- vasion; and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.” DECISION OF ELECTION CONTESTS. When, in pursuance ob this provision of the constitution, the President is called upon by the Executive of @ to protect i against domestic violence, it appears to be bi duty to give the required aid, and especially when there is no doubt about the existence of the do- mestic violence; but where two persons, each claiming to be Governor, make Fespectively upon the President under said clause of the consti- tution, it, of course, becomes necessary for him to determine, in the first place, which of sad persons is the constitational Governor of the State, That section of the constitution of Arkansas heretofore clied in Ge opinion is decisive of this question, as between ter and Brooks, According to the constitution and laws of the State the votes lor Governor were counted and Baxter deciared elected and at once was di Governor of the State. great difficulty in that the oMice into which ‘was inducted under these circumstances, Assuming that no greater effect 18 to be given to the counting of the votes in the presence of the General Assembly than ought to e given to a similar action by any board of can- vassers, yet when tt comes to uecide a question of contest, the General Assembly is converted by the constitution into @ judicial body andits judgment 18 as conclusive and tinal as is the judgment oi the Supreme Court of the State on any matter witnin ite juried lesion: Parties to such @ contest plead and produce evidence according to the practice provided in such ¢ases, and the controversy is in- vested with the forms and eifect of a judicial pro- cedure. When the people of the State declared in their constitution that a contest about State ofilcers Shall be determined by the General assembly, thes cannot be understood as meaning it might be dée- termined in any Circuit Court of the State. To say that a contest shall be decided by decisions and then to say alter the decision is made tnat such contest is not determined, but is as open as it ever was, is @ contradiction in terms, an It possibly be supposed the framers of this constitu. tion when they deciared contested elections about State ofiicers, including the Governor, shou!d be determined by the General Assembly, intended that any such contest should Ve just as unsettled after as it was before such determination of it? Manifestly they intended to create a special tri- bunal to try clalins to the high offices oi the State. But the tribunal ts not special if the courts have concurrent jurisdiction over the suoject. Brooks appears to claim that when a contest tor Governor is decided by the General Assembly the doseated party may treat the decision as a nullity and proceed de novo in the courts. This makes the constitutional provision as to the contest of no effect and the proceedings under it an empty. torm. When the Honse of Representatives dis- missed the petition of Brooks jor a contest it must be taken as a decision of that body on questions presented in the petition. But itis not o: any consequence whether or not the General Assembly has, in fact, decided the contest, if the exclusive jurisdiction to do so is vested in that body by the constitution and laws of the State. Section 14 of articie 6 of the constitution of Arkansas, like most other cunstitutions, declares tnat each House of the Assembly shall judge of the qualidcations, election and return of its members, and it has never been denied anywhere that these words conier exclusive jurisd.ction, But the terms, if possible, are more comprehensive by which the constitution confers upon the legislative Assembly jurisdiction to judge o! the election of State officers. Doubtiess the makers oi the con- stitution considerel 1% unsate to lodge in the hands of every Circuit Court of the State the power to revolutionize the Executive Department at will, and sheir wisdom ie forcibly tilustrated by the case under consideration, in which a per- son who had been installed as Governor according to the constitution and laws of the State, alter an undisturbed incumbency of more than a year, is deposed by a Circuit Judge and another person put in his place upon the un- supported statement of the latter that he had re- ceived a majority of votes at the election. THE COURTS WITHOUT JURISDICTION. Looking at the constitution alone, it appears per- fectly clear to my mind that the courts of the State have no right to try & contest about the office of Governor, but that exclusive jurisdiction over that question is vested in the General Assembly. This view is confirmed by judicial authority. Summing ‘up the whole discussion, the Supreme Court of Ar- Kansas say in the case of the Attorney General vs. Baxter, above reierred to:— “Under this constitution the determination ofthe question as to whether the person exercising the Office of Governor has been duly elected or not 18 vested exclusively in the General Assembly ut the State, and neither this or any other State Court has jurisdiction to try @ suit in relation to such contest, be the mode or form what it may; whether at the suit of the Attorney General or on the rela- tion of a claimant through him, or by an individual alone claiming @ right to the oiice, Such an issue should be made beiore the General Assembiy ; it i8 their duty to decide, and no other tribunal can Getermine that question. We are of opinion that this Court has no jurisdiction to hear and deter- mine @ writ of quo warranto for the purpose of rendering a judgment of ouster aguinst the Chief Executive of this State, and the right to file an Pre nay and issue @ writ for that purpose is jenie Some effort has been made to distinguish this case from that of Brooks vs, Baxter in the Circuit Court by calling the opinion a dictum; but tne point presented to and decided by the Supreme Uourt was that in a contest for the office of Gov- ernor the jurisdiction of the General Assembly was exclusive, which, of course, deprived one Court as mouch as another of the power to try such contest. There ia, however, another decision made by the same Court upon the precise question presented in the case of Brooks vs. Baxter. Berry was a candl- date for State Auditor on the same ticket with Brooks. Wheeler, his competiior, was declared elected by the General Assembly. Berry then brought @ suit, under said section 625, in the Pulaski Circuit see | to recover the office, Wheeler applied to the Supreme Court for an order to restrain the proceedings, and that Court issued a writ of prohibition forbidding the said Court to proceed, on the ground that it had no jurisdiction in tne case as to the questions of law involved. The-cases of Berry and Brooks are exactly alike, That this Circuit Court should have rendered a judgment tor Brooks under these circumstances 1s not surprising, and it is not too Tauch to say that it presents a case of judicial in- subordination which deserves the reprehension of every one who does not wish to see public conti- dence in the certainty and good {faith of judicial roceedings wholly destroyed. Chief Justice cClure, who dissented in the case of the Attor- ney General vs. Baxver, delivered the opinion of the Court in the Wheeler case, in which he uses the Jollowing language :— “rhe majority of the Court in the case of the State vs. Baxter, under the delusion that quo war- ranto and @ contested election proceeding were convertible remedies having one and the same object, decides that neither this nor any other State Court, no matter what the form of action, has jurisdiction to try a suit in relation to @ contest ior the office of Governor. As an ab- stract proposition o1 law I concede the correctness of the rule, and would have assented to it if the question had been betore us. The question now betore this Court 18 precisely one o: contest and nothing else, As to all matters of contested elec- tions for the offices of Governor, Lieutenant Gov- ernor, Peatae Of State, Auditor, ‘Ireasurer, At- pet A Coy Heh arte of Public In- struction fam @ opinion that It can only be had before the General yembly,!? ly HPctink a weit of prohibit “I think a writ of prohibition onght to to prohibit the Circuit Court irom entertaining Juris. diction of that portion of Berry vs, Wheeler, that has for its opject a recovery of the office.” All five of the judges heard. tnis case, and there Was no dissent irom these views as to the question of jurisdiction. To show how the foregoing deci sions are understood in the State, I reier to a note by the Honorable H. ©, Caldwell, Judge of the Southern district Of Arkansas upon section 2,379 of adigest of the statutes of the State lately ex- amined and approved by him, which ig as follows :— By the provisions of section 19 of article 4 of the constitution,: the jurisdiction of the General Assembly over cases of contested election tor the officers, in said section enumerated, is exclusive; Attorney General on the relauon of Brooks vs, Baxter, Ms, Op. 1873; Wheeler vs. Whylock, MS, pt Op. 1873, Te is assunied In the argument for Brooks that the judgment of the Pulaski*Circuit Court is binding as well upon the President as upon Bax: ter unti it is reversed; but where there are con- fiicting decisions, as in this case, the President is to preier that one which, m his opinion, is war- ranted by the constitution and laws of the State. The General Assembly bas decided tnat Baxter was cleoted. ‘Ihe Circuit Court oj} Pulaski county bas decided that Brooks was elected, Taking the provision of the constitution which Geclares that contesved elections about certam State Lewin Reychewe | the Governor, shall be de- termined by the General Assembly, and that pro- vision of the law heretofore cited, which says that ali contested elections of Governor shall be de- cided by the Legisiature. and the two decisions of the Supreme Court affirming the exciustve juris- diction of that body over the subject, and the con- clusion irresistibly follows that sald judgment of the Circuit Court is void. A void judgment binds nobody. Said section 525, under w this jadgment was rendered, must be construed with Telerence to the constitution and other statutes of the State, and is, no doubt, intended to aj ply to county and other méerior officers, for whieh no provision eisewhere is made. But the constitution takes the State officers therein enumerated out of pT of this section and establishes a special tribunal to try these contested election cases to which they are parties. The jurisdicuou Of this tribunal is@xciusive. (Ohio vs, Grisell and Menion, 15; Ohio, 114; Attorney General vs, Gar- rigues, 23; Pennsylvania, 9; Connecticut va, Bax- ay 35; 1d., 263; Connecticut va. Leech, 44; Id., BROOKS’ CLAIM OF A MAJORITY. Respecting the claim that Cty a m! Majority of the votes at the election, said that the President bas no way to verily thal claim, If he had it would not, in my opinion, under the circumstances of this case, be’ a proper subject for bis consideration, Perhaps, if every: thing about the election was in conlusion, and there bad been no legal count of the votes, the one of majorities might form an element of jue discussion; but where, as in this case, there has been a legal count of the votes, and the trib- Unal organized by the constitution of the State for that purpose has declared the election, the Prest- dent, in my judgment, ought not to go bebina that action to look into the state of the vote. Frauds may bave been committed to the prejudice of Brooks, but abso there are few elections where partisan § ze: runs high in which the victorious party, with more or leas of trath, not charged with acts of iraud. Toere must, however be an end to the controversy Upon the subject. Somebody must be troated to count votes and declare electious. Unconatitu- Monal methods of filling offices cannot be resorted to, because there is some real or imagined unfair- ness about the election. Ambitious and se)tish as- Ppirants ior oifice generally create the disturbance about thia matter, ior the bes are more inter- sted in the preservation of the peace than in the political fortunes of any man. fither of the con- testants, with law and order, is better than the Other with discord and violence, 1 think it would be disastrous to allow the proceedings by which Brooks. obtained possession of the office to be drawn into @ precedent. ‘There ls not a State in the Union in which they would not produce a con- fict, and, probably, dloodshed. They cannot be upheld or justufed upon any ground, and, in my opinion, Elisha Baxter should be recognized as the lawiul Kxecutive of the State of Arkansaa, ACTION OF THE SUPREME COURT. Since the foregoing was written I have received @ telegraphic copy of what purports to be a de- cision o! the Supreme Court of Arkansas delivered On the 7th inst., irom which it appears that the Auditor of the State, upon a requisition of Brooks, drew his warrant on the Treasurer for the sum of $1,000, payment of which was refused. Brooks then applied to the Supreme Court for a writ of mandamus upon the ‘Treasurer, who set up by way oi deience that Brooks was not Gov- ernor of the State, to which Brooks demurred, and thereupon the Court say :— “The only question that we deem it necessary to notice is, Did the Circuit Court have jurisdiction to Tender the judgment in the case o1 Brooks vs. Baxter? We teel some delicacy about expressing an opinion upon the question propounded, but under the pleadings it has to be pussed upon incidentally, if not absolutely, in de- termining whether the relator is entitled to the relief asked, for nis right to the Office, if established at all, is estavlished by the ement of the Circuit Court of Pulaski county. e are of opinion that the Circoit Court had juris- diction of the subject matter, and its judgment rs ears to be regular and valid, Having arrived hese conclusions, the demurrer is overruled, id the writ of mandamus must be awarded ‘as prayed tor.” Yo show the value of this decision it 1s proper that I should make the following statement :— On the 20th of April Brooks made a formal ap- Plicatton 10 the President for aid to suppress do- Inestic violence, which was accompanied by a paper signed by Chief Justice McClure and Justices Searie and Stephenson, 1n which they stated that they recognized Brooks as Governor; and to japec also is appended the name of fe, the respondent in the above named proceeding for mandamus, Page, thereiore, did not reiuse to pay the warrant Ol the Auditor, because he dia not recognize Brooks as Governor; but the object of his refusal evidently was to create such jacta as were neces- sary to make @ case for the Supreme Court, Ac- cordingly the Pleadings were made up by the parties, both of whom were on thy same. side in the controversy, aud the issue so made was sub- 8 virtually pledged to give the de- cision wanted; and there, within the military en- campment of Brooks, they hurriediy, but with delicacy, as they say, decided that heis Gavernor— @ decision in piain contravention of the constitu- tion and laws of tne State, and in direct conflict with two other recent decisions of the same Court deiiberately made, I reirain trom comment. More than once the Supreme Court of the United States has deciied that it would -not hear argament ina@case made Up in this way, and a decision obtained under such circumstances is not rei wed a8 autho) by any respectable tribunal. No doubt this decision Will add to the complications and difficulties of the altuation, but it does not adect my judgment as to the right of Baxter to the office of Governor until it is otherwise decided upon a contest made by the Legislature of the State. On the 11th inst. the General Assembly of the State was convened in extra session upon the cali of Baxter, and both houses passed a joint resoiu- tion pursuant vo section 4 of article 4 of the con- stitution of the United States, calling upon the President to protect the State against domestic violence. This call exbausts all the means which the people of the State have under the constitation to invoke the aid of the Executive of the United States for their protection, and there seems to be, under the circumstances of the case, an impera- tive necessity ior immediate action. I have the honor to be, with great respect, GEORGE H. WILLIAMS, Attorney General. THE EFFECT OF THE DECISION IN WASHINGTON. The proclamation of the President in regard to the civil disturbance in Arkansas meets with un- qualified approval among Senators and Represen- tatives, Most of them think his action has been tardy. The Arkansas Congressional delegation @re not surprised at the turn matters have taken. PREITY POTENTATES IN ARKANSA@, Senator Clayton says that with the exception of the Secretary of State none of the State ofMcers will recognize Baxter. The Anditor, Treasurer, Attorney General, Superintend- ents of Public Instruction, of Public Works, State Lands and Emigration and of the Penitentiary will not recognize Baxter, and, as the Supreme Court and a majority of the Circuit Courts uphold Brooks, the solution of the difficulty does not appear to him to be at hand. This he had endeavored to explain to the President, and | warned him that federal recognition of Baxter would not change the opinion of the legally elected State officers, and that no proclamation could compel them to do so. It is true Baxter will have the use of the State troops, and armed intervention will not be attempted by Brooks and his support- ers; but he does not see why the Brooks govern- Ment cannot sti exist in a peaceable manner. Should the State Supreme Court issue @ writ of mandamus requiring the Secretary of State to recognize Brooks it would not be in the power of the President to interfere with the State Judiciary, and if Johnson refused to recognize the order of the Court he would certainly be subject to punishment for con- tempt. It must be evident, therefore, that Baxter will not have am easy time. , THE MATTER SETTLED, Judge Wiltshire, who nas supported Baxter throughout the controversy, is confident the Presi- dent’s proclamation will settle the whole matter, and that the State officers will not be obstinate when they know that the power of the iederal gov- ernment is at Baxter's back. BROOKS OBSTINATE. Itseems tobe the impression of Brooks’ sup- porters here that he will not vacate the State House voluntarily, but will require Colonel Rose to eject him by force. EFFORT FOR A CONGRESSIONAL INVESTIGATION. On Monday next an effort will be made in Con- gress to have a special committee of five ap- Pointed to visit Little Rock for the purpose of taking testimony in reference to the Arkansas troubles. The supporters of Brooks say they are ready to aid this committee, and believe their re- Port will vindicate the stand they have taken. THE SITUATION IN ARKANSAS. Skirmishing Between Advance Guards— The Regulars Advance—Rumored Feint for an Attack on the State House—Hos- tile Feeling. Littiw Rocg, May 15, 1874. A large force of Baxterites moved ‘out south of the State House at an early hour this morning, BAXTER’S GUNS STILL IN POSITION, Baxter’s Parrott guns are stiil placed on Scott street, inside of their lines. Immediately behind them are erected three tents, and over that occu- Pied by the oMficers floats the American flag. HOSTILE FEELING. The prospéct of @ peaceable solution of tne dim- culties seems to be no nearer than a month ago. THR LRGISLATURE, ‘There is not as much taik here to-day as would be imagined on Baxter’s message to the Legisia- ture, The Brooksites do not recognize the Legis- latare as legally called or as having a legal quorum. ‘They say that a part of both the House and Senate consists of men who were not elected according to the returns in the Secretary of State’s office of the election last {all to fill vacancies, and without these non-elected members neither house would have @ quoram. These men took their seats on certificates from Johnson’s deputy Secretary of State, who has been appointed since Brooks took the State House, and, therefore, has not seen the returns. LIGHT SKIRMISHING. At one o’olock this afternoon three Baxter men came down to the bank on the opposite side of the Tiver, in front of the State House, and fired on the pickets there, A brisk return fire followed, and More shots Were fired along the river bank from Baxter's lines on this side. One of the men who first fired is thought to have been hit, as he feil, but soon followed his companions and ran off. Over 100 shots were fired. ‘ihey were only the ad- vance shots Of @ small body of infantry on tae other side, THE REGULARS ADVANCE. Immediately orders were given to a squad of regulars, WhO started across the river, and a Rod- man gun was placed in the position occupied a few days ago, Soon a body of Baxter’s cavalry were seen on the opposite side, three of whom rode towards the river bank and then towards the main command, which moved 10 the direction of Argenta. Meanwht the State House guns had been brought to’ on the opposite store, and every- thing was ready in case fring was renewed. THE REGULARS INTRENCHED. ‘The regdiars then formed behind a barricade, facing Baxter’s line, where a good deal of activity ‘was displayed, generals and aids riding to and fro. More infantry were sent out to join those who went south of the State House this morning. It soon commenced to rain, which seemed to have the effect Oficooling the military. f © A SUPPOSED FEINT. Itis th it the movements across the river ‘Were mad@o draw attention, in order to attack the State se On this side. Brooks jalry and infantry have just come in. They re} at they drove the Baxter men away from the ‘0 and Fulton depot, on this side. The are also back from across the river. ‘The rites captured Mr. French, City En- gineer, a Brooks man, to-day. THE PROCLAMATION IN LITTLE ROCK. Five o’CL@cx P. M.—As soon as the contents of the President's proclamation became known to. day the wi it excitement prevailed, and never in the hist of Littie Rock was there such gen- eral rejote . Crowds of men, women anda children né throng the streets, stores are re- opening, fags waving and bands playing. BA: CONGRATULATED BY HUNDREDS, Hundredsof people are visiting Baxter’s head- quarters to ¢ongratulate him, Six 0’CL06x P. M.—A proclamation, published in the Gazette éxtra this afternoon, trom Washington recognizing: Baxter and the Legislature, caused much excitement and Baxter’s troops are jubi- lant. Cheering ana singing are the order of the day. The Brooks men find it hard to swallow, and refused to Gelleve the news until tney saw it ip full, and now they ihink it may not be genuine. It 1s sald “the jig is up.” ‘A CROWD FRIGHTENED, The crowd was large on the streets at the time of the receipt of the despatch, and tne Baxter sentries om the corner of Main and Markham streets ordéred them back. One portion congre- gated On néutral ground on the opposite corner. The guard omdered them to disperse and as he did 80 his gun went off, whether intentionally on his part or accidéntally is not known, but no person was hurt, ‘dhe crowd dispersed amid great ex- citement, SEVEN O'CLOCK P. M.—Regular trains commenced running again on the Little Rock and Fort Smith Railroad yesterday. ‘Trains on the Cairo and Fulton Railroad have been and now are running through unmolested by the political disturbances. FIRING INTO THE STATE HOUSE. ‘Two Baxter men fired into the State House from the opposite’side of the river at noon to-day. About 100, were returned from the State House. No one was hart, QUIET IN THB LEGISLATORE, Nothing of importance transpired in either house of the Legislature to-day. ANOTHER GRAVE. A grave was dug across the river this afternoon and is supposed to be that of the man who was Killed during the fring this morning. Merchants and all classes of citizens are giad the trouble 1s settled, but, of course, all are not satisied with the tarn affairs have taken. « LEGAL OVERTURES, Colonel Rottaker, of the Baxter forces, pearing @ flag of truce, and Dr. Bond, Sergeant-at-Arms of the House, went up to General Fagan’s head- quarters juat after the news of the President’s de- cision was received. The object of their visit was, It is supposed, to get possession of the legislative halls. CONGRATULATORY ORDER BY BAXTER. E1cut o’CLock P, M.—Baxter issued a congratu- latory order to his /orces to-night complimenting them for the response to his call, &c. BROOKS DISBANDING. Brooks sent a communication to-night to Bax- ter toarrange for disbanding the forces on both sides. Baxter referred the matter to his com- manding officer, General Newton. The rejoicings continue. THE AMERICAN GEOGRAPHICAL SOCIETY. Exploring the Summits of Chimborazo and Hecla. The paperread before the American Geographi- calSociety at the closing meeting of this year’s brilliant session promises that the dangerous ex- periment of mountain climbing is to be revived by American travellers, Lieutenant Henry Clay Cochrane, of the Marine Corps, in the name of his friend wr. Isaac T. Coates, now in Peru, gavea graphic description of the ascent of the extinct volcano, the Mists (of Arequipa), by the latter. It seems that Dr. Ooates reached the summit at an altitude of 18,500 feet with- outevincing the slightest prostration, while his peon attendants were 80 overcome by ex- haustion, bleeding at the ears, nose and mouth, that they became of no use whatever. It seems that this ascent of Dr. Coates, as being the first one ever made, has been disputed by a distinguished American traveller, who asserts that the Misti has been frequently climbed, and once as early as 1794, Lieutenant Cochrane replies to this statement by showing that the Misti of Mr. Hurlburt and the Misti of Dr. Coates are very different mountains, distant from each other ninety miles, However this may be, it is certain that Dr. Coates has shown won- dertul qualities 48 @ mountain climber. Embold- ened by his success, he has purchased instruments and an outfit and will attempt the ascent of Chim- borazo (21,500 feet high) for the American Geo- graphical Soclety. The summit of Chimborazo has never been reached by a human being. Hum- boldt tried 1¢ in 1802, but bis giant constitation had not the endurance. Dr. I. I. Hayes, the Arctic explorer, will also undertake the ascent of Hecla for the Geographi- cal Society. This, the famous voleano of Iceland, remains one of the virgins of geography. It has long been quiescent, having last blazed forth with amazing fury in 1847, when the subterranean fires burst out of their fissures at an elevation of 5,000 Jeet above the level of the cea. We hope that Dr. Hayes will be able to accomplish the dificult work which he 1s about to undertake, thereby making the first ascent of Hecla and adding to our knowl- edge of volcanoes which, even in our own country, are beginning to have more than a scientific in- terest. LOUISIANA CONSOLIDATED BONDS, New ORLEANS, May 15, 1874, ‘The financial oMicers of the State announce that the new consolidated bonds authorized by the Funding bill wili be ready for delivery in a few days, and that the interest on the coupons due January last will be paid as fast as the ola bonds are converted. The payment of interest on the new bonds will be commenced on July 1 next WASHINGTON. The Proposed Means of Cheap Transportation. POLITICAL PATRONAGE Schemes for Improving the Navigation of the Mississippi. WASHINGTON, May 15, 1874. The President Declares Against the New Finance Bill-An Attempt to Gver- ride the Veto by Strategy—The Leaders of the House Asked to Save the Meas- ure. The President to-day unequivocally condemned the Currency bill passed by the Senate, He con- sidered the bill, as originally reported by the Finance Committee, a measure of compromise, and though not such a measure as he would wish had been passed to provide for specie payment, yet he would have been willing to accept it as a compromise with the South and the West, The amount of issue he looks upon as a step in the wrong direction and an attempt on the part of the inflation Senators to claim by a new demand what he clearly refused to recognize in his last * veto message. He now urges leading men in the House to have the billso amended as to make tt consistent for him to sign it in the event of the Senate concurring in the amendments, The Prest- dent also desires that Congress snall do something, if ooly to give effect to the Redistrivytion act. Either this or the original Senate bill will receive his approval, otherwise his veto can be relied upon, Two Notes of Discord To Be Sounded in the Senate Next Week—Civil Rights and Arkansas. In the Senate the two most important events which transpired to-day were the notices given that Senator Frelinghuysen would take up the Civil Rights billon Monday next and “hold on to it until finished,” and that of Senator Clayton that he would call up his resolutions offered some days since on Arkansas affairs, Squally times may be expected when both these subjects come up, especially a8 to the first, inasmuch as the Southern Senators are very irrita- ble about tne bill and cannot toierate it | for @ moment, Besides, many republicans are unsettled about the advisability of urging it at this time. In private conversation with his triends 1t 1s said that the President stated that he ‘did not think any great good could come trom the forcing of the measure in the South.” It would destroy the scacols in Tennessee at once, as the whites who had charge of the school system, which was voluntarily supported by them now at their own expense, would rescind the local legisiation and cease the levying of poll taxes, which now give healtny support and suc- cessiul management to It, On Arkansas matters, as the action of the Presi- dent is directly at variance with what Senators Dorsey and Clayton believed they had reason-to expect, and as they have a heavy fit of disgust on, they will fulminate heavily ior satisfaction. Senator Windom’s Proposition to Create a New Exccutive Department—“Tho Burcau of Commerce” and Its Func- cost not less than $50,009,009, while the proposed freight raiiwey will nardiy cost one-l: required ior the canai, “ae In view of the great advantages which will fow to all sections Of the country trom the conatrue tion of these works of internal improvement, the committee recommend that, in the pending River nd Harbor bill, appropriations be made for com. pleting the surveys and estimates for each of the aforesaid projected improvements, so that Con. gress at the next session may enter upon the said system of improvements, if, upon the completion of said surveys and estimates, the same shall ke deemed practicable and @xpedient. The main proposition here is that Congress at the next ses- sion shall proceed to the breaking of the ground on these great works; bat as they will require for their completion an outlay of at least $100,000,000, and as large deficiencies on all sides im the regular wants of the government will have tobe met at the next session, the first question that is here suggested is, where is all this money to come irom? We are led to the conclusion, from the bun- combe retrenchments of the day.and from the na- merous deficiencies and demands that will fall upon the next session of Congress (when the elec- tions for the Forty-third Congress shall be over, with a few exceptions), will result in @ sesston of appropriations exceeding those of any session during a time of peace since the creation of the government of the United States. Government Care and Control of the Mississippi Levees—The Subject in the Senate. The terrible condition of some of the Southern Staves owing to the overflow of the Mississippi has caused a very general disposition on the part of the Senate favoring the taking charge of its levees by the government. Senator Alcorn intro. duced a resolution to that effect to-day, and Sen- ator Chandler, chairman of the Senate Committee on Commerce, who has given the subject great thought for more than a year past, will make a practical speech on the subject as soon as the reso- lution snall be reported irom the Seiect Committee on the Levees of the Mississippi, to which it bas been referred, and of whict” Senator Alcorn is chairman. Senator Chandler has been fully pre- Pared for some time for the effort, having compiled ® mass of statistical facts, He will show that there are 38,000,000 acres of land which, if re- clatmed, would net nearly $3,000,000,000 and yield at least ten times as much as would pay for the cost of constructing the levees. As Senator Chandler is a vigorous advocate im what he espouses and carries weight in the Senate on ac- count of his practical business experience, it ia highly probable that such plan as he shall propose will be adopted. | The Schemes for Improving Navigation on the Mississippi. The Mississippi River Jetty bill of Captain James B. Eads, which was set down ‘for the 2ist of April in the House of Representatives and again recom. mitted, and the Fort St. Pillip Canal bill were cons sidered this morning by the House Committee on Railways and Canals, and the committee again decided to report the Eads bill as perfected by the Senate committce, It will be reported to the House next Monday by Mr. Hurlbut, of Illinois. The committee were given permission to report the bill tor action at any time. The Geneva Award Bill. The House Judiciary Committee to-day so amended the Geneva Award bill, which passed the Senate, as virtually to make it a House bill, and in this condition it will be reported on next Monday. Reported Amiable Feeling of the Indians in Wyoming. A report to Indian Commissioner Smith from Agent Saville, Red Cloud Agency, Wyoming Terrt- tory, dated 30th of April, mentions that the in- dians have been very quiet and disposed to do what is required of them. They have become in- terested in the farming question, and have held a number of councils on that subject. While some are preparing (0 go to work, others are prepar- img to go to the Black Hulls hunting. There is considerable agitation among them caused by tions. ‘The project of Senator Windom, as announced in his bill introduced in the Senate, providing for the establishment of a “Bureau of Internal Com- merce,” under the supervision of the Secretary of the Treasury, has for its object some of the most important fonctions, looking alike to reliable sta- tistics and to the provision of sacn legislative and other relief a8 may be requisite snd practi- cal for the business interests of the country. The committee were not willing to go quite as far as he was at this time, which ‘would contemplate a separate and distinct depart- ment, known as the “Bureau of Commerce,” to take charge of the national industries, compre- hending those of manuiacturing, mining, agricul- ture and commerce, under one head, which, by reason of the respectability of the position thus made and its reasonable emolument, would re- guire a person of Orst class aviltty, who could be held accountable for its thorough and effective management, which he contends cannot be per- formed by the Secretary. Senator Windom has not yet abandoned the hope of securing the pas- sage Of such @ measure at an early day, and thinks that 80 extensive a country and so well organized @ government as ours should be able to vie in this Particular with Great Britain and other European nations, He will apply bimself assiduously to the ‘task of effecting this. Cheap Transportation—A Congressional Scheme, which will Call for One Hun- dred Millions of Money—The Four Great Routes of Transportation Proposed. Cheap transportation between the East and the West, though provided for in a smail way by the billon the subject passed by the House and by another bill introduced in the Senate by Mr, Sher- man, providing for uniform freights and fares on the various railway lines of the United States, is still, under these measures, hardly approached for practical purposes. To accomplish any great re- form or enterprise the only practical way is to begin at the beginning, and Senator Wright, of Jowa, proposes thus to begin the work of cheap transportation. He proposes to act upon the recommendations made by President Grant in his aunnal Message of December, 1873, im behalf of several trans-Allegieny canals, and, first of all, to provide for surveys of the several routes desiguated for those canals, in order that some approximation to the cost of their construction may be obtained. Mr. Wright, from the select Com- mittee on Transportation, and in behalf of the said committee, reports that in their judgment cheap transportation oan be obtained only through com- petition under government control, and operating through cheaper means of transport than are now provided; that such cheaper transportation can be secured only by some new double track railways, or by the improvement and creation of new water Toutes, and that in this view the most feasibie channels of transport suggested for improvement or creation, are:— First—The Mississippi River. But to make this great channel of transportation safe ang reilabie At all seasons, even {rom the moutt of the Ohio to the Gulf, certam improvements are required, and particularly a ship canal around the deita on one side or the other, whereby ships may avoid the sandbars of the different mouths or passes of the Tivér, and pass in or out without detention, This proposed ship canal, through tue morass from Fort St. Paitip to the Gall, it is estimated, will cost At least $20,000,000, Second—A continuous water line, of adequate capacity, trom the Missisatppi River to the city of New York, via the Northern lakes. The water line here contemplated is first, @ navigable line for a vessels between the Mississippi: River and Lake Superior, by way of the Fux and Wisconsin rivers; next, a ship caual around Niagara falls, on the United States side; and then from Oswego, by the present canal route, a ship canal to the Huci- son. This proposed ship canal around Niagara Falis, it is estimated, will cost $16,000,000, The projected enlargement of the existing canal from Oswego to the Hadgson, and the completion of the water route of the Fox and Wisconsin rivers, will fected Cost $16,000,000 more ; that this pro- jected ship water route between the Mississippi ine med the city of New York will cost some Tht k water route from the Mississippi River, Via the Obio and Kanawha rivers, to # point in West Virginia, and thence ot canal and siack- water over the Alleghentes, or by a treignt ratlway to tidewater on tre James River at Richmond, The completion of this as & water route will cost rr entes {vis thought, be built upon $15,000,000. ls il Fourth—A water route from the Mississipp!, via the Uhio and Tennessee rivers, to @ point in Ala- bama or Tennessee, and thence by canal andslack water or by a freignt railway to the ocean, say via vhe Savannah River, An ordinary cunal conuect- ing the navigable waters of the Tennessee with navigation ip the savannah River would provaviy the talk among the soldiers of a contemplated ex- Pedition to the North. The question of the survey of the Nebraska line was presented to them ata council which was very generally attended. They Unanimously agreed to protect the surveyos, Altogether the temper of the Indians and the situation of affairs are quite satisfactory, Territorial Apportionment of Political Patronage. The Senate Committee on Civil Service and Re- trenchment this morning considered Mr. Wright’s bill, which proposes to reduce the pay of the sub- ordinates and employés o1 the Senate and to ap- Portion the sxecutive Department clerkships among the various Congressional districts of the United States. No vote was taken on the bill, but it was evident from the discussion that tne com- mittee unanimously disapprove of its provisions. Diplomatic Events. Baron Offenverg, the Russian Minister, to-day took leave of the President previous to bis depart. ure for St. Petersburg ior six months’ absence, There were present, in addition to the President, Secretaries Fish and Robeson. The Turkish Minister also had an interview with the President. Seoret Session of the District Investigat= ing Committee. The District of Columbia investigation was con- ducied to-day witn closed doors, Tae morning session Was occupied In the examfhation of Colonel H. ©. Whitley, Chief of Treasury Detectives; Mr. Nettleshrift, an agsistant, and Judge Fisher, Dis- trict Attorney for this city, with reierence to the safe burglary. Im the afternoon Mr. Blickens derfer, the expert engineer, was examined im Secret session, concerning measurements made by him on Massachusetts avenue, contiguous to the property of Senators Edmunds and Bayard, Statistics of Gold and Silver Coinage. The following are the exhibits of the gold and silver coinage, exclusive of bars, jor the month of April and the ten months previous:—For April, gold, $3,396,400; trade dollars, $426,600; subsidiary Pilver coin, $168,685—total, $3,991,635. For the ten months ending April, 1874—Gold, $46,214,0403 trade dollars, $2,625,900; subsidiary silver coin, $2,051,914—total, $50,891,854, Condition of Representative Mellish and the Causes of His Malady. Dr. Nichols, who 18 in charge of the asylum to which Represeniative Meilish has been taken for insanity, says that the case is very serious, and one which he is regarding with a great deal of solicitude. Though there are some grounds for hope of bis recovery, with the aid of quiet and | sktiful treatment, yet his disease is one in which there is ground jor the worst apprehensions. He says Mr. Mellish appoara to have overtasked his mind by seeking to retain too much by the use of the memory, as weil as by both constant and irregular study since Le has been in Congress, with @ desire to accomplish a great deal in short space of time. He is also physically weakened, a condition which aggravates the nervous derange- ment, Signal Service Report on the Waters ot the Great Rivers. The Signal Ofice reports that during the past twenty-four hours the Mississippi hag risen slightly from St. Paui to St. Louis, except at La Crosse, where a fall of tree inches ts reported. From Cairo to Vicksburg it has fallen at all stations, ex- cept at Helena, where it has risen one incd. The fall at Cairo ts thirty-one inches, At New Orleans {. remains unchanged at two feet and a hall below the highest point reached this season, The Missouri has risen two inches at Omaha, fallen sitghtly from St. Joseph to Jefferson City, and risen thirteen inches at Hermann. The Onto has continued falling throughout its entire course, The fall at Paducan is three and @ half feet, at Evansvilic two feet and at Cinctnnat! one foot and a half. The Red River has fallen seven mehes ast Shreveport and the Cumberland fourteen st Nashville. Tne Allegheny and Monongal ve both fallen steadily, but slowly. ‘The rainfall wittin the water sheds for the samo period is ag follows :—In the Missiasipp!—Five-hun- dredths of an inch at St. Paul, thirteen-hundredths at La Orosse, tweaty-six-hundredths at Daven port, twelve-lundredths at Keokuk, nineteen-hun- dredths at St, Louis, twenty-seven-hundredths at Cairo and one-bundredth at Memphis, In the Mis- souri, seven-hundredths at Omaha and five-hun- ths at Leavenworta, in the Arkansas, three- fundredtus at Fort Gibson. In the Cumberland, thirty-bunuredths at Nushvile