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compromising these difficulties proposed by me mittee to prepare rules. If it is for the presiding can be considered. GEORGE H. WILLIAMS, officer to decide in their presence, the decision
Attorney General. will be obviously only on the report. Will you
do me the favor to answer me, and inform me if Attorney General to State Senator Ervin. I may be assured of support by you on my de
WASHINGTON, Dec. 11. cision or action in the matter?' n. R. H. ERVIN. Capitol. Montgomery. Ala. To this inquiry of yours, in my letter of the
I advise that no action be taken by the body 26th ultimo, I made answer that, “according to assembled at the capitol until a plan of compro all parliamentary law and usage, the right of a mising the difficulty about the General Assembly claimant to a seat in a legislative body is to be proposed by me can be considered.
decided by the vote of the body, and not by the Telegram sent to the Governor.
presiding officer; and I should be bound to so GEORGE H. WILLIAMS, Attorney General.
hold, if the question was referred to me in the
case of the Alabama Senate." Attorney General to Lieut. Governor.
I think I may safely say, if this was not a full WASHINGTON, Dec. 26th, 1872.
answer to your question, that the United States Hon. ALEXANDER MCKINSTRY, Mobile, Ala.
will not furnish a posse to support a Lieutenant Your letier of the 22d inst. is received. I am
Governor presiding in the Senate of a State, in disinclined to have anything more to say or do
deciding as to who are or are not entitled to about the organization or proceedings of the
seats in the body over which he presides. Alabama Legislature;. but it is proper, perbaps.
I think it is proper that I should inform you that I should answer your inquiry, and state
that I have received a communication from Mr. that according to all parliamentary law and usage
Hamilton and others, members of the General the right of a claimant to a seat in a legislative
| Assembly of your State, in reference to the action body is to be decided by the vote of the body,
of that body upon the plan of compromise which and not by the presiding officer, and I should
I had the honor to submit to its consideration, be bound so to hold if the question were referred
and also in reference to the proceedings by a to me in the case of the Alabama Senate.
part of the Assembly at the United States courtI shall take the liberty to add, that telegraphic
rooms, since its adoption of that plan. dispatches have been published here to the effect
While I disclaim all right to dictate, direct, or that the Republicans continue their organiza
influence members of the Assembly in their offition in the court house, and are enacting laws
cial action, I have expressed to Mr. Hamilton there which produce upon my mind, and I,
my great surprise and regret at the proceedings
in the United States court-rooms, to which he think upon the minds of others, an unfavorable impression as to the purposes of the Republican list
refers, and signified to him that any attempt to members of the Assembly.
| disturb the present organization of the General I will only say now that I should consider it
Assembly of the State would meet with no
countenance or favor from me. most unfortunate in all respects if the presenta
| I confess, after hearing from both sides, that organization at the state house was dissolved by the act of the Republicans.
I can see no reason why the Assembly of your I hope that it will not be done in any event.
State may not now proceed to the transaction Very respectfully, GEO. H. WILLIAMS,
of its legitimate business, without further delay, Attorney General.
and in the manner usual to the Legislative As. sembly of a State.
Very respectfully, Geo. H. WILLIAMS, Attorney General to Lieutenant Governor.
Attorney General. WASHINGTON, Jan. 8th, 1873. Hon. A. MOKINSTRY, Mobile, Alabama. I have received your letter of the 31st ultimo,
Attorney General to State Senator Hamilton. in which I find among others the following para
WASHINGTON, Jan. 8, 1873. graph, which I presume it is proper for me to Hon. P. HAMILTON, Mobile, Ala.. answer: “When I sought to ascertain from you I have received your letter of the 3d instant, whether I might expect to be sustained, it was transmitting a paper signed by yourself and not that you or any one else would with pro other members of the General Assembly of Alapriety or should control the organization of the bama, purporting to be a statement of the action General Assembly of Alabama, but could the of that body upon the plan of compromise which officers of Alabama be sustained by a posse in I had the honor some time since to submit for the peformance of their duty ? And I beg leave its consideration, and also of the action of a part to remind you that you have not answered this." of the Assembly at the United States court rooms
Referring to your letter of the 22d ultimo, to since its meeting in accordance with the terms which mine was an answer, I find the following of such plan of compromise, and asking for such to be the inquiry which you therein propounded action therein as my judgment may approve. to me: “I communicate with you to ask if, when Apprehensive that any discussion of the facts the committee make their report, I shall decide presented by you might imply an assumption of what it establishes as to the Marengo Senator, authority which I wholly disclaim, I will only or is it to be voted on by those present. If so say that I have heard with surprise and extreme the Marengo Senator will be unquestionably regret of those extraordinary proceedings at the Democratic, because they have one majority, United States court rooms to which the paper and they organize as a party on the simple ques- refers. tion of seats or chairs, and are organizing a com- I have instructed the U. S. marshal not to
allow those rooms to be used for any purpose the United States, and in the second place, as connected with the legislative affairs of the your controversy relates to your right to hold a State; and if I had any other official control in State office, its adjudication, unless a case is the matter, I would exercise it in the same way. made under the so-called enforcement acts for I have further to say with respect to the future, federal jurisdiction, belongs to the State courts. that any attempt upon any pretext whatever to If the decision of which you complain is errodisturb the present organization of the General neous, there appears to be no reason why it may Assembly of Alabama will meet with no counte- not be reviewed and a correct decision obtained nance or favor from me. I see no reason why in the Supreme Court of the State. that body, as now organized, may not proceed GEORGE H. WILLIAMS, Attorney General. to legislate without further delay and decide contested elections and other questions that may arise, as is usual in the Legislature of a State.
The President to Governor Brooks. Very respectfully, Geo. H. WILLIAMS,
WASHINGTON, April 16. Attorney General.
Hon. JOSEPH Brooks, Little Rock, Ark.:
I am instructed by the President to say, in Arkansas.
answer to your dispatch to him of yesterday,
asking that the United States commanding officer Governor Baxter to the President.
at the arsenal be instructed to deliver the arms LITTLE ROCK, April 15, 1874. in his custody, belonging to the State, to you, I have been advised by public rumor that in or hold the same subject to your order, that he the State circuit court for this county, in a long declines to comply with your request, as he is pending case brought by Jos. Brooks for the not advised that your right to hold the office of Office of Governor of this State, a demurrer to Governor has been fully and finally determined the complainant was overruled, and immediately by the courts of Arkansas. judgment of ouster against me given. This was GEORGE H. WILLIAMS, Attorney General. done in the absence of counsel for me, and without notice, and immediately thereafter the circuit judge adjourned his court. The claimant has
The President to Secretary of War. laken possession of the State buildings and ejected
EXECUTIVE MANSION, me by force. I propose to take measures in
WASHINGTON, D. C., April 16. mediately to resume possession of the State prop
SIR: The President directs me to request that erty, and to maintain my authority as the rightful you will please instruct the commanding officer at Governor of the State. Armed men, acting under Little Rock, Ark., to take no part in the political this revolutionary movement, are now in charge controversy in that State, unless it should be neof the Government armory and capitol buildings. cessary to prevent bloodshed or collision of armed I deem it my duty to communicate this state of bodies. affairs to the President. I trust these revolu
I am, sir, your obedient servant, tionary acts may be settled without bloodshed,
0. E. BABCOCK, Secretary. and respectfully ask the support of the General
The SECRETARY OF WAR. Government in my efforts to maintain rightful government of the State of Arkansas, and that Secretary of War to Captain Rose. the commander of the United States arsenal at
WAR DEPARTMENT, this post be directed to sustain me in that direction. I respectfully request a reply to this com
ADJUTANT GENERAL'S OFFICE,
WASHINGTON, April 16. munication at an early moment.
Little Rock Barracks, Arkansas :
By direction of the President, the Secretary of Governor Brooks to the President. War instructs that you take no part in the politEXECUTIVE OFFICE
ical controversy in the State of Arkansas, unless LITTLE ROCK, April 15. lit should be necessary to prevent bloodshed or Having been duly installed as Governor of collision of armed bodies. Arkansas by the judgment of a court, I respect- Acknowledge receips E. D. TOWNSEND, fally ask that the commanding officer at the
Adjutant General. arsenal be instructed to deliver the arms belonging to the State, now in his custody, or hold the same
The Attorney General to U. S. Marshal. subject to my order. Jos. BROOKS.
WASHINGTON, April 16.
Take notice of existing troubles and notify the The President to Governor Baxter.
officer commanding United States troops if colli
sion is imminent. He is expected to prevent DEPARTMENT OF JUSTICE
bloodshed. WASHINGTON, April 16.
GEORGE H. WILLIAMS, Attorney General Hon. ELISHA BAXTER, Little Rock, Ark.:
I am instructed by the President to say, in answer to your dispatch to him of yesterday, 1 Mayor of Little Rock to the Attorney General. asking for the support of the General Govern
LITTLE ROCK, April 17. ment to sustain you in efforts to maintain the To Attorney General WILLIAMS, rightful government in the State of Arkansas,
Washington, D. Č.: that in the first place your call is not made in In your dispatch to Governor Brooks I infer conformity with the Constitution and laws of that you intend to be understood as saying that
the President cannot recognize him as Governor or to make any movement that may possibly until his right has been fully and finally recog- bring about a collision with the United States nized by the courts. I understand from your troops under my command, or to impede any dispatch to Governor Baxter that the President movement I may wish to make with the troops cannot recognize him as Governor until his right of my command to prevent the shedding of blood has been settled by the Supreme Court. The and the collision of armed forces. Supreme Court will not be in session until June. Very respectfully, your obedient seryant, Now, what are we to do in the meantime?
T. E. ROSE, Governor Baxter has issued a proclamation put- Capt. 16th Infantry, Commanding Posts ting this county under martial law, and armed Gen. ELISHA BAXTER, men, pretending to act under his orders, are pa- Commanding Forces in the State of Arkansas. trolling the streets, stopping peaceable and un- (Copy of the foregoing letter sent to Joseph armed citizens, and setting the authority of the Brooks.) city officers at defiance, and arresting the police.
Baxter's Reply. Not only this: private property is being forcibly
EXECUTIVE OFFICE, seized and appropriated in a like manner. The
LITTLE ROCK, April 17. construction placed on your dispatch by Gov
CAPTAIN: I have the honor to acknowledge ernor Baxter is that it is a license to make an the
the receipt of your communication of this date. attack on the Brooks faction, with an assurance
In compliance with your request, I will not that in so doing the Federal Government will not
advance my lines to-night toward the enemy. interfere. You will readily see that the city is
At the same time, I trust that your request, or sure to become a scene of bloodshed, and over a
injunction, does not extend to the prohibition strife they are not responsible for, and which
on my part of any military operations. they have not the power to settle under the case of facts stated and placed, when an appeal to vant
I am, very respectfully, your obedient ser
ELISHA BAXTER, either one of the persons claiming to be Governor
Governor of Arkansas. lays the city authorities liable to the charge of being the partisans of the one appealed to. I desire to ask you if the Federal Government is
Brooks's Reply. powerless to protect the lives and property of
EXECUTIVE OFFICE, twenty thousand inhabitants who are situated as
LITTLE ROCK, April 17. we are. If you will instruct the officers in com SIR: I have the honor to acknowledge the mand of the arsenal to aid the city police in receipt of yours of the 17th instant, “enjoining making the arrest of men who are openly viola- me to make no movement with the forces under ting the law and setting the same at defiance, I my command in any direction in the city of could preserve the peace of the city without be- Little Rock, Ark., or its vicinity, with a view ing compelled to take sides with either of the to bring about a collision with the forces under contending factions. This question of who is the command of Elisha Baxter, or that may the rightful Governor can only be settled by the bring on such a collision, or that may bring courts, a thing that may not be done for the next about such a collision,” &c. twelve months, and I now implore you in the The forces under my command will only be name of peace to aid me all in your power until used to repel any attack that may be made by the other question is settled.
the forces under the command of Elisha Baxter, FRED. K. KRAMER,
having for its object the custody or control of Mayor, City of Little Rock, Arkansas.
the state-house and state-house grounds. Any
and all such attacks will be resisted with all the The Attorney General to U. S. District Attorney.
force at my command. I have not and do not
now contemplate removing any portion of my WASHINGTON, April 17.
command from the state-house grounds. My S. R. HARRINGTON, Esq.,
position is not one of aggression but that of United States Attorney, Little Rock, Ark.:
defense. Colonel Rose must execute the orders of the I take pleasure in assuring you that the force War Department to prevent bloodshed and the under my command will not in any manner imcollision of armed bodies according to his own
pede any movement having for its object what judgment. GEORGE H. WILLIAMS,
is stated in your communication of this date. Attorney General.
I am, sir, very respectfully, your obedient ser| vant,
Governor of the State of Arkansas and ComHEADQUARTERS LITTLE ROCK BARRACKS,
mander-in-Chief. LITTLE Rock, April 17. SIR: I am informed by the United States The Attorney General to the Mayor. marshal of this district that there is danger of a
DEPARTMENT OF JUSTICE, collision between the forces under your com
WASHINGTON, April 18. ! mand and those of certain forces under the com- You must be aware that the President cannot 10:2nd of Joseph Brooks.
interfere in the domestic difficulties of a State, I therefore have the honor to enjoin upon you except in conformity with the Constitution and that you make no movement with your forces in laws of the United States. He cannot recognize any direction in the city of Little Rock, Ark., or a call made upon him for military aid by the ats vicinity, with a view to bring about such a mayor of a city. He has instructed the officer dollision, or that may bring on such a collision, commanding the United States troops at Little Rock to prevent bloodshed. That is all he can ence. Such interference breaks me down, and do under existing circumstances. I will ask, in prevents any effort on my part to restore the answer to your inquiry whether the United State government and to protect the people in States are powerless to protect twenty thousand their rights. I beg of you to modify any order people situated as the citizens of Little Rock are, to the extent of such interference, and leave me if the people of Arkansas have not patriotism free to act in this way to restore law and peace enough to allow a question as to who shall hold as the legitimate Governor of the State. Such a State office to be settled peaceably and law. interference does not leave me any chance to fully, and not bring upon their State the dis assert my claim to the office of Governor. In grace and ruin of civil war.
the interests of peace and of those people who GEORGE H. WILLIAMS, Attorney General. are flocking here to my support by the hundreds, FREDERICK KRAMER, Esq.,
I beg of you to remove the United States troops Mayor af Little Rock.
back to the arsenal, and permit me to restore
the legitimate government by my own forces, The President to Captain Rose. which I will do promptly if the United States
EXECUTIVE MANSION, will not interfere. There is an armed insurrecWASHINGTON, D. C., April 18.
tion against the legal State government here, Captain Rose,
and I call upon you to aid in suppressing it; Commanding U. S. Troops, Little Rock. but if you will not, then leave me free to act, I have a dispatch from the acting president of and order the United States troops, without an the Western Union Telegraph Company, saying hour's delay, to their own ground, and keep that “Baxter's officers now inspect all messages
them out of my way. I have been thwarted at Little Rock before transmission, and will al and delayed thus long, and in fact ejected from low no messenger to pass out with any message
my office, because of the fact that I had heretofor the Brooks party, whether from the United / fore disbanded the militia of the State. I make States officials or otherwise. Under these cir- | this earnest demand to repress insurrection and cumstances it will be seen that this company prevent domestic violence under my sense of is unable at present to maintain the sanctity of duty to the Constitution and laws of the United telegraphic correspondence.”
States, as well as of the State of Arkansas, and While the Government takes no part in the I rely confidently, as I have all the time, unhappy state of affairs existing in Arkansas at upon the assurances contained in your letter of this time, you will see that all official dispatches of September 15, 1873, to prevent the overthrow of the Government, whether from the military or my official authority by illegal and disorderly civil departments, are transmitted without mo- I proceedings. An immediate answer is requested; lestation by either of the contestants for the otherwise bloodshed may be the result. gubernatorial chair. Report to the Secretary of ELISHA BAXTER, Governor of Arkansas. War the situation of affairs. U. S. GRANT.
Governor Brooks to the President.
LITTLE ROCK, ARK., April 20.
SIR: I hereby inform you that one Elisha Received the President's instructions; they are Baxter, a private citizen, pretending to be Gov. carried out; there is some excitement; it will ernor of Arkansas, without warrant or authority 80on subside ; force small on each side.
of law, assumed to declare martial law in the T. E. Rose, Capt. 16th Infantry,
capital county of the State, and to appoint a Commanding Post. pretended military governor of the city of Little
Rock, the seat of government; that he called Governor Baxter to the President. out armed bodies of men for the avowed purpose
LITTLE ROCK, April 19. of attacking and capturing the capitol of the A few days since, in the absence of my counsel, State by military force, and forcibly installing and at a time wholly unexpected, the circuit himself as Governor of such State; that large judge of this county, a court of inferior juris- bodies of armed men have assembled, and are diction, rendered judgment in favor of Brooks continually assembling, under said Baxter's against me for the office of Governor of the State, proclamation of martial law, and are in close and without notice to me or my counsel. I was proximity to the state-house, and have this day at once forcibly put out of the office, and that actually advanced on the state-house and conwithout any pretense of a writ being served on fronted a body of Federal troops stationed in me. All this was done, too, after the Supreme front of the State-house, under order from their Court of this State had twice decided that no commanding officer, acting under your command court in the State had jurisdiction of the case atto preserve the peace, and were only prevented all, and the Legislature alone had the jurisdic- from making the attack by the presence of Fedtion. At once, on being ejected from the office, eral troops; that these armed bodies have seized I took steps to restore myself, and to get posses- and appropriated private property, and are hourly sion of the office, and to carry on the govern seizing and appropriating private property with. ment. The people are coming to my aid, and out compensation; have conscripted, and are are ready to restore me at once. In making this continually conscripting, private citizens, and organization, I am obstructed by the inteference compelling them to aid and abet them in their of the United States troops, in displacing my insurrectionary purposes, and have seized and guards from the telegraph office; and now it is are daily seizing railroads in the State, and apprehended that there will be further interfer- | appropriating them to the same illegal and insurrectionary purposes ; that there are armed
LIPTLE ROCK, April 21. bodies at this moment assembled within a few In compliance with yours of yesterday, I have hundred yards of the state-house, and threaten an to report that the situation here is about the immediate attack upon it; that the Legislature same, except that both parties continue to be adjourned sine die in April last; has not since reinforced. I reported to you yesterday, and been convened; is not now in session, and can- received yours two hours after. After my report not be convened in time to prevent the threat of yesterday, there was some disorder by hostile ened attack; that domestic violence now ac- parties making an array against each other. tually exists in this State, and at the seat of This led me to throw one company of infantry government, which the civil and military au- to corner of Markham and Louisiana streets, thorities under my control are powerless to pre- and one company of infantry and two pieces of vent or suppress. Therefore I, Joseph Brooks, artillery to corner of Second and Louisiana; this Governor of the State of Arkansas, in pur-effectually separated the two hostile forces. Nesuance of the Constitution and laws of the gotiations are pending which I think will end United States, hereby make application to your the strife.
Taos. E. ROSE, Excellency to protect the State capital and the
Capt. 16th Infantry, Commanding, State of Arkansas against domestic violence and insurrection. In testimony whereof I have hereunto set my
LITTLE ROCK, April 22. hand and caused the great seal of the State to
| It is now proposed by Governor Baxter to be affixed at Little Rock, this the twentieth day
evacuate the city of Little Rock and encamp on
the north side of the river, with the understandof April, A. D. eighteen hundred and seventy
ing that no hostilities shall be carried on from four.
JOSEPI BROOKS, Governor. By the Governor: EDWARD CURREY,
that side of the river, nor any movements made
with a view to the commencement of hostilities Secretary of State ad interim.
without due notification thereof made to the com
mandant of Little Rock barracks. I think such Captain Rose to Secretary of War. LITTLE ROCK, April 20.
a movement would result in the disintegration The condition of affairs is unchanged, except
of Baxter's force. There is no change in the
situation since last report, except that one comthat both parties have received reinforcements. The party at the state house is barricaded, and pany of Baxter's men went home this morning.
THOMAS E. Rose, occupy no other part of the city. The other party is about three hundred yards from them.
Capt. 16th Infantry, Commanding Post: I am in position to move between them instantly. T. E. ROSE, Captain 16th Infantry."
LITTLE ROCK, April 22.
Will you authorize me to furnish transportaLITTLE ROCK, April 20. tion to all the belligerents of both contending It will not do to trust dispatches sent from factions to their homes, the same to be charged here. I send this by Memphis. Since I sent to the State of Arkansas ? I deem that the in. my report this morning a disturbance occurred terests of the public good require it. It is imagain by a mob marching in front of Baxter's portant that you answer immediately. quarters. I rode near to them alone on horse
"T. E. Rose, Capt. 16th Infantry. back to observe them, as they were violating a truce. When I got near them the leader fired a
Secretary of War to Captain Rose. pistol at me and several of the mob fired also. I then formed the troops to resist an attack; the
WASHINGTON, April 22. mob fired in all directions and stampeded with-l.
The law gives me no authority to furnish transout making further attack. One of the wounded | Port
portation, and your application must be declined. is since dead; the troops nor myself did not fire
W. W. BELKNAP, Secretary of War. a shot. I was unarmed, and therefore could not; the soldiers were too far off. I think the strife
Governor Baxter to the President. is ended. I do not need any more troops than
LITTLE ROCK, April 22. I have. THOMAS E. ROSE,
As I cannot move with my troops to assert my Capt. 16th Infantry, Commanding Post.
claims to the office of Governor without a collision
with the United States troops, which I will not LITTLE ROCK, April 21. do under any circumstances, I propose to call the The situation is about the same, except that | Legislature together at an early day, and leave there is an uncontrollable armed inob constantly them to settle the question, as they alone have parading on the streets. All parties agreed to the power; but to do this the members of the a truce until to-morrow at nine o'clock, but at Legislature must have assurances of protection about five o'clock this afternoon the usual armed from you and a guarantee that they may meet mob commenced parading on the streets in front of in safety. This will be a peaceable solution of Mr. Baxter's quarters. I immediately went near, the difficulty, and I will readily abide by the de to observe them and inquire of their leaders what cision of the Legislature. ELISIA BAXTER, their object was, about which time an indiscrim
Governor of Arkansas. inate firing took place, resulting in the wounding of two men. The leaders will now probably The President to Governor Baxter. disperse their own mobs, and the strife cease.
WASHINGTON, April 22.
Hon. ELISHA BAXTER: