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of the pending difficulties in Arkansas by means | meet until the eleventh day of May, I call upon of the Legislative Assembly, the courts, or other- you for aid to protect the State against domestic violence.

wise.

I will give all the assistance and protection I can under the Constitution and laws of the United States to such modes of adjustment.

I hope that the military on both sides will now be disbanded. U. S. GRANT.

Secretary of War to Captain Rose.

WASHINGTON, D. C., April 23.

To Captain ROSE, U. S. A.,

Little Rock, Arkansas: You may retire to the arsenal with your command as soon as danger to life is no longer threatened, and leave the question to be settled by the contestants, by the courts, or other peaceable

methods.

W. W. BELKNAP,
Secretary of War.

Captain Rose to Adjutant General.

E. BAXTER, Governor of Arkansas.

EXECUTIVE OFFICE, STATE OF ARKANSAS,

LITTLE ROCK, April 28.

I, Elisha Baxter, Governor of the State of Arkansas, beg leave to inform your excellency that divers evil-disposed persons, conspiring the overthrow of the government of the State of Arkansas, have unlawfully, and by force of arms, taken possession of the capitol building and archives of the government; that the Legislature is not now in session; that the insurrection aforesaid has grown into such magnitude as to seriously interfere with, if not prevent, the assembling of the Legislature, which I have called to convene at the seat of government on the 11th day of May next, and cannot be suppressed by the State militia under my command without great bloodshed and loss of life.

Now, therefore, pursuant to the provision of the Constitution of the United States in that behalf, I respectfully call on your excellency for the neIcessary military force to suppress such insurrec tion and to protect the State against the domestic violence aforesaid.

LITTLE ROCK, April 23. Your dispatch of the 23d is received. I will gladly retire to the barracks as soon as I find the armed bodies disbanding in good faith. removed my barricades and attempted to retire last evening. The effect was not satisfactory, and the troops were ordered back. There is danger of general riot, but neither party, I think, contemplates a collision. Companies C and D are at the city hall. Company I is at the marshal's office. My headquarters are, and have been, at the Metropolitan. THOS. E. ROSE,

Capt. 16th Infantry, Commanding Post.
Governor Baxter to the President.

LITTLE ROCK, April 24.
In accordance with my correspondence with
you by telegraph, I have convened the Legisla-
ture for the 11th May. I have sent home part of
my forces, and would willingly send the balance,
except a small body-guard, but Brooks retains
his whole force and receives re-enforcements.
All the people desire is that the peace be restored,
and the Legislature prompted in the performance
of their legitimate business.

ELISHA BAXTER, Governor of Arkansas.

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BARING CROSS, ARK., May 3. Last evening Judges Bennett and Searle of the

LITTLE ROCK, April 26. It is not true that I have declared martial law outside of Pulaski county. Nothing has been done on my part to prevent a peaceable settle-Supreme Court were arrested, and have been ment by the Legislature. I only want to pro

tect myself until that is done.

ELISHA BAXTER, Governor of Arkansas.

Governor Baxter to the President.

LITTLE ROCK, ARK., April 27. On the nineteenth day of this month, as Governor of this State, I telegraphed you there was an armed insurrection against the legal government of this State, and made requisition upon you for aid to suppress it and prevent domestic violence. I have just now been advised you never received that requisition. I now take occasion to say an armed insurrection exists in this State against the lawfully constituted authority thereof; and as the Legislature cannot

a regular sitting of the court. The officer making spirited away. They came to the city to attend the arrest, when interrogated by Judge Bennett by what authority he was arrested, replied by authority of Governor Baxter. When asked what for, the officer replied that Baxter had reason to fear that the Supreme Court, if allowed to meet, might possibly pass upon some question that might prejudice his case now pending before the Attorney General of the United States, and that the court should not meet until the question of who is Governor should be decided at Washington. I respectfully ask that you direct the officer commanding to demand a surrender of the arrested parties. The arrest of these parties has caused much excitement and indignation.

J. BROOKS, Governor of Arkansas.

any

Captain Rose to the Secretary of War. LITTLE ROCK, May 4. Last evening two of the judges of the Supreme Court of this State were arrested at Argenta, Ark., and taken from the Memphis train by parties claiming to be acting under the authority of Governor Elisha Baxter. The names of the judges arrested are John E. Bennett and E. J. Searle. Judge M. L. Stephenson was on the train at the same time, but escaped arrest. Upon careful inquiry, Governor Baxter disclaims knowledge of the arrest or of the whereabouts of the parties arrested. I find that they were brought to Little Rock about 11 o'clock last evening: They were apparently traced to Saint John's College, but afterward taken away from that place, and at present their whereabouts is unknown. It is claimed they were on their way here to hold a regular session of the court. Governor Baxter, however, claims that they were coming here to hold a clandestine session of the court. At any rate, from Governor Baxter's report, these gentlemen are in the hands of lawless men, who are responsible to no authority. The armed forces here under Baxter and Brooks, together with the lawless bands that belong to neither, do not all amount to much to contend against regular troops, but it is impossible to prevent them from committing such acts as the one mentioned, and also many others, except by dispersing them. The friends of Messrs. Bennett and Searle think that they have been murdered. I hardly believe this to be the case, as I think Baxter's statements in regard to them are not true. T. E. ROSE, Captain 16th Infantry.

LITTLE ROCK, May 6. Yesterday evening, at 9 o'clock p. m., a countryman brought me the following note from Judge Bennett, which explains his situation at the time it was written, as follows, viz:

BENTON, SALINE COUNTY, ARK., May 5, 1874. Colonel ROSE,

Commanding U. S. Troops, Little Rock, Ark. COLONEL: On last Saturday evening, as Judge Searle and myself were quietly seated in the cars at Argenta, opposite Little Rock, we were forcibly ejected and arrested by an armed body of men, numbering, I suppose, about twenty-five. We asked by what authority we were arrested, and were answered it was by order of Governor Baxter. We then demanded to know for what crime, or supposed crime, we were restrained of our liberty. They told us they would not tell, but said we should be immediately taken before Governor Baxter; but we have not been so taken, but have been forced to come to this place, where we now are, 12 o'clock m. On yesterday I addressed a letter to Governor Baxter, narrating the above facts, and demanding that we should be informed of the nature of the accusations against us; but as yet he has not done so, nor do I believe he will do so. The premises considered, allow me to say we are American citizens of the State of Arkansas, have always been true and loyal to the Government of both. We were both soldiers in the Federal army, Judge

Searle a major and lieutenant-colonel; I have
held all ranks from a sergeant to colonel of the
first lieutenant in the regular army. We have
Seventy-fifth Illinois Infantry; have been a
always been peaceful and quiet citizens; are at
ciate justices of the Supreme Court of the State of
present holding the honorable positions of asso-
Arkansas; have never violated any laws of God
nal in the State of Arkansas or the United States
or man for which we are amenable to any tribu-
that we are aware of; but notwithstanding all
this, we are now restrained of our liberty-held
law-not where we can demand our rights as
by main force in a country not under martial
citizens of this great republic-not where we
can get the benefit of the writ of habeas corpus,
or any other nominal writ known to the civil
for our liberation. Can we have it?
law. Therefore we appeal to you for assistance

Respectfully, your obedient servant,
JOHN E. BENNETT,
Associate Justice Supreme Court.

Upon the receipt of the above note I sent two detatchments toward Benton-one mounted, under Lieutenant Morrison, the other by special train. Lieutenant Morrison rescued Judge Searle about eleven miles from this place. Judge Bennett escaped to the woods, where he is now wandering. I have a detachment looking for him. THOS. E. ROSE, Captain 16th Infantry.

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cuit court, the only court of general jurisdiction | and refrain from any interference with each other in this State. The force and effect of this judg- or their adherents until the contest is finally dement was submitted to the Supreme Court in a cided by the Legislature, or the National Governproceeding which called into question the juris-ment has taken action thereon. That until the diction of the circuit court, and the force and determination by the General Assembly as to effect of its judgment and my right to exercise who was legally elected Governor, on a contest the duties and office of Governor; and now the to be made before that body by Joseph Brooks, Supreme Court has adjudicated me to be the law- the question as to which of the contestants has ful Governor of the State, and directed the treas- the legal right to exercise the functions of the urer to honor my warrant on the treasury to office of Governor may, at his discretion, be desuppress violence and disorder, an act that can termined by the President on the applications be performed only by the Governor. I, in ac- heretofore made to him by the respective contual possession, and exercising the functions of testants. the office, a formidable insurrection and armed rebellion against the right and lawful authorities exists, actual conflict wages, and several lives have been lost. It is my duty to defend the government I have sworn to administer. I have appealed, and do now appeal, to your excellency, as Chief Magistrate of the United States, for assistance to quell insurrection and domestic violence. Two days have the insurgents projected a desperate struggle to gain possession of the state house and public property. I am able to hold the situation against all the force the insurgents can rally, but prompt recognition and interposition on your part would prevent the effusion of much blood. JOSEPH BROOKS, Governor of Arkansas.

Attorney General's Plan of Adjustment.

That the Legislature shall receive from each claimant to the office such communications as either may send to it until the contest for the office is finally decided by the General Assembly.

I submit the foregoing plan of adjusting the
difficulties in Arkansas to the respective claim-
ants to the office of Governor, it having been
agreed to by all their friends and attorneys here,
subject to approval, and I have to say that the
President earnestly desires its adoption by both
parties.
GEO. H. WILLIAMS,
Attorney General.
(Copy of above sent to Messrs. Baxter and
Brooks.)

Reply of Governor Baxter.
Hon. GEORGE H. WILLIAMS,

LITTLE ROCK, May 9.

Attorney General Ü. S.:

It is agreed this May 9, 1874, at Washington SIR: Yours of this date, submitting a proposicity, D. C., between the respective attorneys and tion for the settlement of the troubles in Arkanagents of Joseph Brooks and Elisha Baxter, sas, is received and fully considered. A similar claimants for the office of Governor of the State proposition in all respects, except so far as relates of Arkansas, that, on account of the conflicting to the joint call of the Legislature, was submitclaims of the parties and the division of senti- ted by me some two weeks since, and rejected by ment among the people of said State, the Legis. Brooks. I cannot consent to anything that will, lature of the State shall be called by the said in whole or part, recognize Brooks as Governor. Brooks and Baxter to meet in extra session on I am Governor or I am not Governor. The Legthe fourth Monday of May, A. D. 1874, at 12 islature has been called together for the 11th of o'clock noon, at the usual place of meeting in this month. The members are rapidly assemthe state-house, each to issue a separate call bling, with nearly a quorum present now, with forthwith for that purpose, and the Legislature the belief that they will receive the protection of so called shall be permitted to meet without mo- the General Government in their meeting and delestation or hindrance by either of said parties liberations. I could not lawfully disperse them or their adherents; that they shall receive and if I would; nor have I any means of compelling entertain a communication from Mr. Brooks set- a Legislature that might be convened under the ting forth specifically the ground for his claim to proposed joint call to conform to the terms prothe office of Governor, as well as his reasons for posed. The Legislature might as well meet now contesting Baxter's right thereto; that they shall and act under my call, because it might not reinvestigate the facts and allegations so set forth turn two weeks hence, and in the meantime we by Brooks, and such investigation shall be con- are in confusion, with no recognized Governor ducted in the manner prescribed by the consti-and the State in war. To dispose of all these tutional laws of the State, giving to both parties a full and fair hearing upon such competent and relevant testimony as either party may offer.

matters, I have called the Legislature for the 11th instant, under the conviction it would assemble and be protected by the General GovernThat the Legislature shall determine in the ment. I now renew my appeal to the President manner provided by law which of the contest- to protect the Legislature now called. If the ants received, at the November election, 1872, a Legislature meets now, the question may be submajority of the legal votes, and declare the re-mitted to it fairly, and I will abide its decision sult, and the parties shall abide that action. fully. I am therefore constrained to decline the Brooks and Baxter shall each relieve from duty terms proposed. ELISHA BAXTER, and send home all his troops, retaining only so Governor of Arkansas. many as each may think necessary as a bodyguard at Little Rock, not exceeding one company.

All warlike demonstrations are to forthwith cease, and both parties are to keep absolute peace

Reply of Governor Brooks.

BARING CROSS, May 10. To Attorney General WILLIAMS, Washington: Your dispatch submitting proposition to sub

mit question of who was duly elected Governor, | every one of your supposed adherents is present, and to refrain from all warlike demonstrations with the understanding that he will disband his until the question is finally decided by the Legis- troops in the proportion that you disband yours; lature or the National Government, as proposed that you will get away as far west as he is east in your dispatch, is accepted. My claims to the of the state-house, and allow it at once to be governorship of Arkansas have already been turned over to the Secretary of State, who is its adjudged in the circuit court and the right to legal custodian, and that you will deposit the exercise the office declared by the Supreme Court State arms in the State armory. The members in a proceeding where the main question at issue of the Legislature in Little Rock heartily apwas, who is the Governor of Arkansas? Not-prove this proposition. I am directed by the withstanding this, I feel so confident of my election and the justness of my cause that I am willing to submit the question to any other tribunals you have named, and peacefully abide the determination, at all times asserting that the only tribunal that can or has the right to construe the constitution is the Supreme Court of the State, which, in its late decision in the case of Brooks against Page, determined that the circuit court had both the power and jurisdiction to adjudicate my right to the office.

JOSEPH BROOKS, Governor of Arkansas.

President to say that he considers this fair and reasonable, and your interests require its immediate acceptance. Answer.

GEO. H. WILLIAMS, Attorney General.

The President to Governor Baxter.
WASHINGTON, May 11.

Hon. ELISHA BAXTER, Little Rock:

I am directed by the President to say that he considers your proposition fair and reasonable, and I have asked Mr. Brooks for its immediate adoption by him.

GEO. H. WILLIAMS, Attorney General.

Governor Brooks to the President.
LITTLE ROCK, May 11.

The President to Governor Brooks. WASHINGTON, May 11. I have suggested to Mr. Baxter that the members of the General Assembly now in Little To U. S. GRANT, President: Rock adjourn for a reasonable time, say ten days, to give you opportunity to call in those mem-mitted to me a proposition that he said had your On the 9th of May the Attorney General subbers who may not respond to his call, so that

there may be a full Legislature. The United approval. On the 10th I accepted the same out States will give all necessary protection to the of deference to your wishes, feeling that in doing Legislature in meeting and transacting its busi-80 I was humiliating myself and the courts of the State. This I did solely in the interest of ness as usual at the state-house, and prevent, as far as practicable, all violence and disturbance peace, supposing that Baxter would be required of the public peace. I urgently request that the to assent to your proposed plan of settlement. military of both parties be at once disbanded, In accordance with the proposition of the Attorwhich is the first step toward a peaceable settle-ney General, I issued a proclamation convening

ment.

U. S. GRANT.

The President to Governor Baxter. WASHINGTON, May 11. I recommend that the members of the General Assembly now at Little Rock adjourn for a reasonable time, say for ten days, to enable Brooks to call into the body his supposed adherents, so that there may be a full Legislature. Any hasty action by a part of the Assembly will not be satisfactory to the people. Brooks's friends here agree that if this course is pursued, no opposition will be made to the meeting of the Assembly in the state-house as usual, and that he will at once dismiss his forces if you will do the same. I urgently request that all armed forces on both sides be disbanded, so that the General Assembly may act free from any military pressure or influence. The United States will give all necessary protection to the Legislature, and prevent, as far as practicable, all violence and disturbance of the public peace. Answer.

the Legislature on the fourth Monday of the present month. To my surprise Baxter has declined to submit the question of his election to the Legislature. In conversation with members thereof he boldly proclaims that he does not and will not permit an investigation of his right to the office. Yet you ask me to recognize a call of the Legislature at the instance of one who declares the question at issue, and for which you insist on its being assembled, shall not be settled by the tribunal you desire convened. In the attempted organization made to-day, which failed although persons were sworn in as members from districts in which no vacancies had been declared. Both houses of the Legislature now have a quorum in existence. This quorum should pass upon the election, return, and qualifications of the newly elected members, instead of the newly elected members themselves. This action I can not and will not willingly submit to. Section one, article four, of the Constitution of the United States, declares that full faith and credit shall be given to the judicial proceedings of every State; and if, in the face of the decision of the Supreme and circuit courts of the State deciding that I am, and recognizing me as the legal Governor, you can recognize Hon. JOSEPH BROOKS, Little Rock: Baxter as Governor, it is your duty to respond Hon. Elisha Baxter has telegraphed the Pres- to his application for Federal help. If you canident that the General Assembly must adjourn not, it is your duty to assist me to suppress the from day to day until a quorum is present, and present domestic violence. To disband my troops that then he is in favor of its adjourning untill at this time under no other assurance than is

U. S. GRANT.

The President to Governor Brooks.
WASHINGTON, May 11.

contained in your telegram of to-day, would result not only in the assassination of the judges of the Supreme Court, but of many of my friends, and especially the colored men, who have been guilty of no crime save fidelity to law and order. I shall hold my troops together for the purpose of protecting the citizens of the State who believe the expression of the will of the people at the ballot-box should be enforced, and for the protection of those who stand by the Constitution, laws, and the adjudications of the courts of the country. Federal bayonets can put Baxter's Legislature in the state-house, but I am ignorant of the clause of the Constitution under which the President has this power; nothing else will, and when there I doubt if you can compel them to determine who is Governor. It is time this agouy, doubt, and uncertainty was over; the interests of humanity demand it shall be settled, and if you have the power under the Constitution and laws of the United States to settle the question of who is Governor of Arkansas adverse to the decision of the courts of the State, settle it, and settle it at once. I shall not resist what you may order United States troops to do, but shall with all the power at my command repel any and all attempts by Baxter's forces to take possession of the state-house. I am confident that a legal quorum of the Legislature will not respond to Baxter's call, and I shall not assent nor be a party to convening the Legislature under any other agreement than that submitted by yourself through the Attorney General on the 9th instant. JOSEPH BROOKS, Governor of Arkansas.

Governor Baxter to the President.

LITTLE ROCK, May 11. Yours received and under consideration. Will answer in the course of the evening.

ELISHA BAXTER, Governor of Arkansas.

LITTLE ROCK, May 11. There is almost a quorum of both Houses of the Legislature present, and they have power under the constitution to adjourn from day to day until they have a quorum, and they can adjourn no longer until they have a quorum. I am in favor of their adjourning as long as they please until every supposed Brooks adherent is present. With this understanding I will disband my troops in proportion as Brooks disbands his, but for the meeting of the Legislature at the usual place, Mr. Brooks must get as far from it west as I am east, and deposit the State arms in the State armory, and let the state-house and public buildings be turned over at once to J. M. Johnson, the Secretary of State, to whom under the law they belong. ELISHA BAXTER,

Governor of Arkansas.

LITTLE ROCK, May 12. Want three in the Senate and one in the House for a quorum; would have full attendance but for the interference by Brooks with the trains. ELISHA BAXTER, Governor.

Gov. Brooks to the President.

BARING CROSS, May 11. I am just informed that the way Baxter got

a pretended quorum in the Senate was by arresting Mr. Good, a Senator from White county, and Baxter's Adjutant General keeps him under guard all the time, and makes him vote as he dictates. Senator Good is an old and feeble man and in great fear of his life. They allow none of his friends to see him unless they are present. Without him they have no quorum, although they swore in six without authority of law.

JOSEPH BROOKS, Governor of Arkansas.

BARING CROSS, May 12.

I have acted upon your suggestion as to the assembling of the Legislature on the 25th instant; before that time it will be impossible to have all the members of that body present. I understand the question is likely to be presented to Congress. I feel so confident of the justness of my cause that I am content that either the latter body or a full Legislature investigate the fact regarding the election, in conformity with terms of your adjustment of May 9. If it is to be done by the Legislature, I insist upon time for all the members to assemble, which cannot be earlier than the 25th instant, the time designated by you. JOSEPH BROOKS, Governor of Arkansas.

BARING CROSS, May 12.

To Hon. GEORGE H. WILLIAMS,

Attorney General, Washington, D. C.: The members of the General Assembly here, even if there were a quorum, and there is not, do not constitute a Legislature, unless convened by the Governor. If you recognize this assemblage as a Legislature, you recognize Baxter as Governor, for no one but the Governor can convene the Legislature in extraordinary session; if it is not a Legislature called by proper authority, its adjournment is a matter of no consequence so far as the Secretary of State in concerned; if any of his prerogatives are interfered with, the courts of the State, and not the President, is the proper tribunal before which to redress his grievances. I have answered the President's dispatch at length, and I shall not disband any troops under my command until the question of who is Governor of Arkansas is settled, unless required so to do by the direct command of the President. I have no proposition to submit, and will not entertain any on the subject other than that proposed by yourself, sactioned by the President, and agreed to by the agents and attorneys of Baxter and myself. The case made on the papers requires the President to recognize either Baxter or myself as Governor of Arkansas; the settlement of the question either before the courts or the Legislature is one that, in my opinion, does not require the intercession of the President on Baxter's behalf. He must act on the papers before him, and not upon what a Legislature may or may not do in the future upon a majority of the votes of the legal voters of this State, and upon the judgments of the Supreme and circuit courts, I am willing to stand or fall. But if those are to be held for naught by the President until such time as he can ascertain the opinion of the Legislature to guide him in determining who is Governor, and during the pendency of the question to allow the State and citizens to be plundered and robbed by an armed

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