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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 wise.
E. BAXTER, I will give all the assistance and protection I
Governor of Arkansas. can under the Constitution and laws of the United States to such modes of adjustment.
EXECUTIVE OFFICE, STATE OF ARKANSAS, I hope that the military on both sides will now
LITTLE ROCK, April 28. be disbanded.
U. S. GRANT. I, Elisha Baxter, Governor of the State of
Arkansas, beg leave to inform your excellency Secretary of War to Captain Rose.
that divers evil-disposed persons, conspiring the WASHINGTON, D. C., April 23.
overthrow of the government of the State of To Captain Rose, U. S. A.,
Arkansas, have unlawfully, and by force of arms, Little Rock, Arkansas :
taken possession of the capitol building and arYou may retire to the arsenal with your com. chives of the government; that the Legislature mand as soon as danger to life is no longer threat. is not now in session; that the insurrection aforeened, and leave the question to be settled by the
said has grown into such magnitude as to seriously contestants, by the courts, or other peaceable
interfere with, if not prevent, the assembling of methods.
W. W. BELKNAP,
the Legislature, which I have called to convene Secretary of War.
at the seat of government on the 11th day of
May next, and cannot be suppressed by the State Captain Rose to Adjutant General.
militia under my command without great blood
shed and loss of life. LITTLE ROCK, April 23.
Now, therefore, pursuant to the provision of the Your dispatch of the 23d is received. I will constitution of the United States in that behalf, gladly retire to the barracks as soon as I find I respectfully call on your excellency for the nethe armed bodies disbanding in good faith. Icessary military force to suppress such insurrecremoved my barricades and attempted to retiretion and to protect the State against the domestic last evening. The effect was not satisfactory, | violence aforesaid. and the troops were ordered back. There is In testimony whereof I have hereunto set my danger of general riot, but neither party, I think, hand and affixed my private seal, the seal of the contemplates a collision. Companies C and D State being in the hands of the insurgents. are at the city-hall. Company I is at the mar- Done at the capitol on the day and year first shal's office. My headquarters are, and have above written.
ELISHA BAXTER, been, at the Metropolitan. Thos. E. ROSE,
Governor of Arkansas.
J. M. Johnson, Secretary of State,
By A. H. GARLAND, Deputy Secretary of State.
LITTLE Rock, May 1. ture for the 11th May. I have sent home part of H. King White, who fired on the commander my forces, and would willingly send the balance, of the United States troops at Little Rock, has except a small body-guard, but Brooks retains been ordered to Pine Bluff by Baxter, and is his whole force and receives re-enforcements. pillaging and murdering. The State is perfectly All the people desire is that the peace be restored, peaceful, except in Jefferson county, the scene of and the Legislature prompted in the performance White's robberies and murders. I have refrained of their legitimate business.
from sending out forces, in order to avoid conflict. ELISHA BAXTER, Governor of Arkansas.
Jos. BROOKS, Governor of Arkansas. LITTLE ROCK, April 26.
BARING CROSS, ARK., May 3. It is not true that I have declared martial law
Last evening Judges Bennett and Searle of the outside of Pulaski county. Nothing has been
Supreme Court were arrested, and have been done on my part to prevent a peaceable settle
spirited away. They came to the city to attend ment by the Legislature. I only want to pro
a regular sitting of the court. The officer making tect myself until that is done.
the arrest, when interrogated by Judge Bennett ELISHA BAXTER, Governor of Arkansas.
by what authority he was arrested, replied by
authority of Governor Baxter. When asked Governor Baxter to the President.
what for, the officer replied that Baxter had LITTLE ROCK, ARK., April 27. reason to fear that the Supreme Court, if allowed On the nineteenth day of this month, as Gov- to meet, might possibly pass upon some question ernor of this State, I telegraphed you there was that might prejudice his case now pending before an armed insurrection against the legal govern- the Attorney General of the United States, and ment of this State, and made requisition upon that the court should not meet until the question you for aid to suppress it and prevent domestic of who is Governor should be decided at Wash. violence. I have just now been advised you ington. I respectfully ask that you direct the never received that requisition. I now take officer commanding to demand a surrender of the occasion to say an armed insurrection exists in arrested parties. The arrest of these parties has this State against the lawfully constituted au- caused much excitement and indignation. thority thereof; and as the Legislature cannot!
J. BROOKS, Governor of Arkansas.
Captain Rose to the Secretary of War. Searle a major and lieutenant-colonel; I have LITTLE ROCK, May 4. 18
held all ranks from a sergeant to colonel of the
Seventy-fifth Illinois Infantry; have been a Last evening two of the judges of the Supreme first line Court of this State were arrested at Argenta, "
ome first lieutenant in the regular army. We have Ark., and taken from the Memphis train by
always been peaceful and quiet citizens; are at
present holding the honorable positions of assoparties claiming to be acting under the authority
ciate justices of the Supreme Court of the State of of Governor Elisha Baxter. The names of the
Arkansas ; have never violated any laws of God judges arrested are John E. Bennett and E. J. Searle. Judge M. L. Stephenson was on the
or man for which we are amenable to any tribu
nal in the State of Arkansas or the United States train at the same time, but escaped arrest. Upon
that we are aware of; but notwithstanding all careful inquiry, Governor Baxter disclaims any
this, we are now restrained of our liberty-held knowledge of the arrest or of the whereabouts of the parties arrested. I find that they were
by main force in a country not under martial
law-not where we can demand our rights as brought to Little Rock about 11 o'clock last eve
citizens of this great republic-not where we ning: They were apparently traced to Saint John's College, but afterward taken away from
can get the benefit of the writ of habeas corpus,
or any other nominal writ known to the civil that place, and at present their whereabouts is unknown. It is claimed they were on their way
law. Therefore we appeal to you for assistance
ay for our liberation. Can we have it? here to hold a regular session of the court. Gov. ernor Baxter, however, claims that they were
Respectfully, your obedient servant,
JOHN E. BENNETT, coming here to hold a clandestine session of the court. At any rate, from Governor Baxter's re
Associate Justice Supreme Court. port, 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
LITTLE ROCK, May 7. Baxter's statements in regard to them are not Since last report Sergeant John Volles, comtrue.
T. E. ROSE, pany C, Sixteenth Infantry, with mounted deCaptain 16th Infantry. tachment of said company has returned from the
| Benton road, baving found and brought in LITTLE ROCK, May 6. Judge John E. Bennett. Both judges now libYesterday evening, at 9 o'clock p. m., a erated.
I. E. ROSE, countryman brought me the following note from
Captain 16th Infantry Judge Bennett, which explains his situation at the time it was written, as follows, viz:
Governor Brooks to the President. Benton, SALINE COUNTY, ARK., May 5, 1874.
Baring Cross, May 7. Colonel ROSE,
Supreme Court decided to-day that the Pulaski Commanding U. S. Troops, Little Rock, Ark. circuit court has jurisdiction of the subject-matter
COLONEL: On last Saturday evening, as Judge of the case of Brooks vs. Baxter, and the judgment Searle and myself were quietly seated in the is regular and valid, and that I am Governor of cars at Argenta, opposite Little Rock, we were Arkansas. A certified copy of the opinion has forcibly ejected and arrested by an armed body been telegraphed Attorney General Williams. of men, numbering, I suppose, about twenty-five.
JOSEPH BROOKS We asked by what authority we were arrested, and were answered it was by order of Governor
BARING Cross, May 8. Baxter. We then demanded to know for what The court convened on the first Monday in crime, or supposed crime, we were restrained December, eighteen hundred and seventy-three, of our liberty. They told us they would not under the provisions of an act fixing the time of tell, but said we should be immediately taken holding the Supreme Court of this State, approved before Governor Baxter; but we have not December fifth, eighteen hundred and sixty-eight, been so taken, but have been forced to come and under it has been in session in contemplation to this place, where we now are, 12 o'clock m. of law ever since, being adjourned by its owa On yesterday I addressed a letter to Governor order from one day to another; the present sitBaxter, narrating the above facts, and de- ting of the court is but a continuation of the manding that we should be informed of the December term.
JOSEPH BROOKS, nature of the accusations against us; but as
Governor of Arkansas yet he has not done so, nor do I believe he will do so. The premises considered, allow
BARING CROSS, May 9. me to say we are "American citizens of the I was elected to the office of Governor of ArState of Arkansas, have always been true kansas by a large majority of votes. This I have and loyal to the Government of both. We established by the proof. In the courts I have were both soldiers in the Federal army, Judge | been adjudged entitled to the office by the cir
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 arer 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 vio- agreed to by all their friends and attorneys here, lence. Two days have the insurgents projected subject to approval, and I have to say that the a desperate struggle to gain possession of the President earnestly desires its adoption by both state house and public property. I am able to parties.
GEO. H. WILLIAMS, hold the situation against all the force the insur
Attorney General. gents can rally, but prompt recognition and in- (Copy of above sent to Messrs. Baxter and terposition on your part would prevent the effu- Brooks.) sion of much blood. JOSEPH BROOKS, Governor of Arkansas.
Reply of Governor Baxter.
LITTLE ROCK, May 9.
Hon. GEORGE H. WILLIAMS,
Attorney General U. 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 80 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 matters, I have called the Legislature for the a full and fair hearing upon such competent and 11th instant, under the conviction it would as relevant testimony as either party may offer. semble and be protected by the General Govern
That 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 com
Reply of Governor Brooks. pany.
BARING Cross, May 10. All warlike demonstrations are to forthwith To Attorney General WILLIAMS, Washington: cease, and both parties are to keep absolute peace Your dispatch submitting proposition to submit 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 arinory. 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 GEO. H. WILLIAMS, Attorney General. the determination, at all times asserting that the only tribunal that can or has the right to con
The President to Governor Baxter. strue the constitution is the Supreme Court of the State, which, in its late decision in the case of
WASHINGTON, May 11. Brooks against Page, determined that the circuit Hon. ELISHA BAXTER, Little Rock: court had both the power and jurisdiction to
| I am directed by the President to say that he adjudicate my right to the office.
considers your proposition fair and reasonable, JOSEPH BROOKS, Governor of Arkansas.
and I have asked Mr. Brooks for its immediate
adoption by him. The President to Governor Brooks.
GEO. H. WILLIAMS, Attorney General. WASHINGTON, May 11.
Governor Brooks to the President. I have suggested to Mr. Baxter that the mem
LITTLE ROCK, May 11. bers of the General Assembly now in Little Rock adjourn for a reasonable time, say ten days,
To U. S. GRANT, President: to give you opportunity to call in those mem
1 On the 9th of May the Attorney General subbers who may not respond to his call, so that!
mitted to me a proposition that he said had your 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
so I was humiliating myself and the courts of Legislature in meeting and transacting its busi
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 Attor
ney General, I issued a proclamation convening which is the first step toward a peaceable settle
the Legislature on the fourth Monday of the
U.S. GRANT. ment.
present month. To my surprise Baxter has de
clined to submit the question of his election to The President to Governor Baxter.
the Legislature. In conversation with members WASHINGTON, May 11.
thereof he boldly proclaims that he does not and I recommend that the members of the General
will not permit an investigation of his right to Assembly now at Little Rock adjourn for a rea- I the office. Yet you ask me to recognize a call sonable time, say for ten days, to enable Brooks I of the Legislature at the instance of one who deto call into the body his supposed adherents, so clares the question at issue, and for which you that there may be a full Legislature. Any hasty l insist on its being assembled, shall not be settled action by a part of the Assembly will not be by the tribunal you desire convened. In the atsatisfactory to the people. Brooks's friends here tempted organization made to-day, which failed agree that if this course is pursued, no opposi- | although persons were sworn in as members from tion will be made to the meeting of the Assembly districts in which no vacancies had been declared. in the state-house as usual, and that he will at Both houses of the Legislature now have a quoonce dismiss his forces if you will do the same. rum in existence. This quorum should pass I urgently request that all armed forces on both
upon the election, return, and qualifications of the sides be disbanded, so that the General Assembly
newly elected members, instead of the newly may act free from any military pressure or in
elected members themselves. This action I can. fluence. The United States will give all neces
not and will not willingly submit to. Section sary protection to the Legislature, and prevent,
one, article four, of the Constitution of the as far as practicable, all violence and disturbance
United States, declares that full faith and of the public peace. Answer.
credit shall be given to the judicial proceedU.S. GRANT.
ings of every State; and if, in the face of the
decision of the Supreme and circuit courts of The President to Governor Brooks. the State deciding that I am, and recognizing
WASHINGTON, May 11. 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 contained in your telegram of to-day, would re-I a pretended quorum in the Senate was by arrestsult not only in the assassination of the judges ing Mr. Good, a Senator from White county, of the Supreme Court, but of many of my friends, and Baxter's Adjutant General keeps him under and especially the colored men, who have been guard all the time, and makes him vote as he guilty of no crime save fidelity to law and order. dictates. Senator Good is an old and feeble man I shall hold my troops together for the purpose and in great fear of his life. They allow none of protecting the citizens of the State who believe of his friends to see him unless they are present. the expression of the will of the people at the Without him they have no quorum, although ballot-box should be enforced, and for the pro- they swore in six without authority of law. tection of those who stand by the Constitution, JOSEPH BROOKS, Governor of Arkansas. laws, and the adjudications of the courts of the country. Federal bayonets can put Baxter's
BARING CROSS, May 12. Legislature in the state-house, but I am ignorant I have acted upon your suggestion as to the of the clause of the Constitution under which the assembling of the Legislature on the 25th instant; President has this power; nothing else will, and before that time it will be impossible to have all when there I doubt if you can compel them to the members of that body present. I understand determine who is Governor. It is time this the question is likely to be presented to Congress. agouy, doubt, and uncertainty was over; the I feel so confident of the justness of my cause interests of humanity demand it shall be settled, that I am content that either the latter body or and if you have the power under the Constitu- a full Legislature investigate the fact regarding tion and laws of the United States to settle the the election, in conformity with terms of your question of who is Governor of Arkansas adverse adjustment of May 9. If it is to be done by the to the decision of the courts of the State, settle it, Legislature, I insist upon time for all the memand settle it at once. I shall not resist what you bers to assemble, which cannot be earlier than may order United States troops to do, but shall the 25th instant, the time designated by you. with all the power at my command repel any
JOSEPH BROOKS, Governor of Arkansas. and all attempts by Baxter's forces to take possession of the state-house. I am confident that
BARING CROSS, May 12. a legal quorum of the Legislature will not re- To Hon. GEORGE H. WILLIAMS, spond to Baxter's call, and I shall not assent nor Attorney General, Washington, D. C.: be a party to convening the Legislature under | The members of the General Assembly here, any other agreement than that submitted by even if there were a quorum, and there is not, yourself through the Attorney General on the do not constitute a Legislature, unless convened 9th instant.
JOSEPH BROOKS, by the Governor. If you recognize this assemGovernor of Arkansas. blage as a Legislature, you recognize Baxter as
Governor, for no one but the Governor can conGovernor Baxter to the President. vene the Legislature in extraordinary session;
LITTLE ROCK, May 11. if it is not a Legislature called by proper authorYours received and under consideration. Will ity, its adjournment is a matter of no conseanswer in the course of the evening.
quence so far as the Secretary of State in conELISHA BAXTER, Governor of Arkansas. cerned ; if any of his prerogatives are interfered
with, the courts of the State, and not the PresiLITTLE ROCK, May 11. dent, is the proper tribunal before which to reThere is almost a quorum of both Houses of dress his grievances. I have answered the the Legislature present, and they have power | President's dispatch at length, and I shall not under the constitution to adjourn from day to disband any troops under my command until day until they have a quorum, and they can the question of who is Governor of Arkansas is adjourn no longer until they have a quorum. I settled, unless required so to do by the direct am in favor of their adjourning as long as they command of the President. I have no proposiplease until every supposed Brooks adherent is tion to submit, and will not entertain any on present. With this understanding I will dis the subject other than that proposed by yourself, band my troops in proportion as Brooks disbands sactioned by the President, and agreed to by the his, but for the meeting of the Legislature at the agents and attorneys of Baxter and myself. The usual place, Mr. Brooks must get as far from itcase made on the papers requires the President west as I am east, and deposit the State arms in to recognize either Baxter or myself as Governor the State armory, and let the state-house and of Arkansas; the settlement of the question public buildings be turned over at once to J. M. either before the courts or the Legislature is one Johnson, the Secretary of State, to whom under that, in my opinion, does not require the interthe law they belong. ELISHA BAXTER, cession of the President on Baxter's behalf. He Governor of Arkansas. must act on the papers before him, and not upon
what a Legislature may or may not do in the LITTLE ROCK, May 12. future upon a majority of the votes of the legal Want three in the Senate and one in the voters of this state, and upon the judgments of the House for a quorum; would have full attend - Supreme and circuit courts, I am willing to stand ance but for the interference by Brooks with the or fall. But if those are to be held for naught trains. ELISHA BAXTER, Governor. by the President until such time as he can ascer
tain the opinion of the Legislature to guide him Gov. Brooks to the President.
in determining who is Governor, and during the BARING CROSS, May 11. pendency of the question to allow the State and I am just informed that the way Baxter got citizens to be plundered and robbed by an armed