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 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 W. W. BELKNAP, Secretary of War. methods. Captain Rose to Adjutant General. violence. 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 insurrection 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. LITTLE ROCK, April 24. ELISHA BAXTER, Governor of Arkansas. 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 settlement by the Legislature. I only want to protect 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 BARING CROSS, ARK., May 3. Last evening Judges Bennett and Searle of the Supreme Court were arrested, and have been 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. Captain Rose to the Secretary of War. Searle a major and lieutenant-colonel; I have 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 any 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 eve ning: 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 Associate Justice Supreme Court. court. At any rate, from Governor Baxter's report, these gentlemen are in the hands of lawless Upon the receipt of the above note I sent two men, who are responsible to no authority. The detatchments toward Benton-one mounted, unarmed forces here under Baxter and Brooks, to- der Lieutenant Morrison, the other by special gether with the lawless bands that belong to train. Lieutenant Morrison rescued Judge Searle neither, do not all amount to much to contend about eleven miles from this place. Judge Benagainst regular troops, but it is impossible to pre-nett escaped to the woods, where he is now vent them from committing such acts as the one wandering. I have a detachment looking for mentioned, and also many others, except by dis- him. THOS. E. ROSE, persing them. The friends of Messrs. Bennett Captain 16th Infantry. 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 JOHN E. BENNETT, LITTLE ROCK, May 7. Since last report Sergeant John Volles, company C, Sixteenth Infantry, with mounted detachment of said company has returned from the Benton road, having found and brought in Judge John E. Bennett. Both judges now liberated. T. E. ROSE, Captain 16th Infantry 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 That the Legislature shall receive from each rebellion against the right and lawful authorities claimant to the office such communications as exists, actual conflict wages, and several lives either may send to it until the contest for the have been lost. It is my duty to defend the office is finally decided by the General Assembly. government I have sworn to administer. I have I submit the foregoing plan of adjusting the appealed, and do now appeal, to your excellency, difficulties in Arkansas to the respective claimas Chief Magistrate of the United States, for as-ants to the office of Governor, it having been sistance 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. It is agreed this May 9, 1874, at Washington city, D. C., between the respective attorneys and agents of Joseph Brooks and Elisha Baxter, claimants for the office of Governor of the State of Arkansas, that, on account of the conflicting claims of the parties and the division of sentiment among the people of said State, the Legislature of the State shall be called by the said Brooks and Baxter to meet in extra session on the fourth Monday of May, A. D. 1874, at 12 o'clock noon, at the usual place of meeting in the state-house, each to issue a separate call forthwith for that purpose, and the Legislature so called shall be permitted to meet without molestation or hindrance by either of said parties or their adherents; that they shall receive and entertain a communication from Mr. Brooks setting forth specifically the ground for his claim to the office of Governor, as well as his reasons for contesting Baxter's right thereto; that they shall investigate the facts and allegations so set forth by Brooks, and such investigation shall be conducted in the manner prescribed by the constitutional laws of the State, giving to both parties a full and fair hearing upon such competent and relevant testimony as either party may offer. agreed to by all their friends and attorneys here, Reply of Governor Baxter. LITTLE ROCK, May 9. Attorney General Ü. S.: SIR: Yours of this date, submitting a proposition for the settlement of the troubles in Arkansas, is received and fully considered. A similar proposition in all respects, except so far as relates to the joint call of the Legislature, was submitted by me some two weeks since, and rejected by Brooks. I cannot consent to anything that will, in whole or part, recognize Brooks as Governor. I am Governor or I am not Governor. The Legislature has been called together for the 11th of this month. The members are rapidly assembling, with nearly a quorum present now, with the belief that they will receive the protection of the General Government in their meeting and deliberations. I could not lawfully disperse them if I would; nor have I any means of compelling a Legislature that might be convened under the proposed joint call to conform to the terms proposed. The Legislature might as well meet now and act under my call, because it might not return two weeks hence, and in the meantime we are in confusion, with no recognized Governor and the State in war. To dispose of all these matters, I have called the Legislature for the 11th instant, under the conviction it would as semble 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. 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 elec- President to say that he considers this fair and tion and the justness of my cause that I am reasonable, and your interests require its immewilling to submit the question to any other diate acceptance. Answer. 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. The President to Governor Brooks. WASHINGTON, May 11. GEO. H. WILLIAMS, Attorney General. The President to Governor Baxter. Hon. ELISHA BAXTER, Little Rock: GEO. H. WILLIAMS, Attorney General. Governor Brooks to the President. 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, On the 9th of May the Attorney General subto give you opportunity to call in those mem-mitted to me a proposition that he said had your bers 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- so I was humiliating myself and the courts of ness as usual at the state-house, and prevent, as far as practicable, all violence and disturbance of the public peace. I urgently request that the military of both parties be at once disbanded, which is the first step toward a peaceable settle 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 State. This I did solely in the interest of peace, supposing that Baxter would be required to assent to your proposed plan of settlement. In accordance with the proposition of the Attorney General, I issued a proclamation convening 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. contained in your telegram of to-day, would re- Governor Baxter to the President. ELISHA BAXTER, Governor of Arkansas. 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 authorWillity, 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 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. |