44 



ARKANSAS. 



in the case of Joseph Brooks against Henry 

 Page, State Treasurer, which was an applica- 

 tion for a mandamus to compel the Treasurer 

 to pay a warrant drawn by Brooks as Govern- 

 or. The chief question before the court had 

 reference to the validity of Brooks's title to 

 office as established by the judgment of the 

 Circuit Court of Pulaski County. Chief-Jus- 

 tice McClure and Associate Justices Bennett, 

 Searle, and Stephenson, concurred in the opin- 

 ion "that the Circuit Court had jurisdiction 

 of the subject-matter, and its judgment appears 

 to be regular and valid." 



In communicating this decision to President 

 Grant, Brooks again made an urgent appeal 

 for Federal interference in his favor. 



As the time for the meeting of the Legisla- 

 ture drew near, activity seemed to increase on 

 both sides. On the 7th the steamer Sallie, 

 carrying about twenty-five Baxter men, was 

 fired upon twenty miles above Little Rock, by 

 a body of Brooks troops. Several were killed 

 and wounded. A sharp skirmish occurred on 

 the 9th between the opposing forces in Little 

 Rock. The streets of the city were barricaded, 

 and communication by telegraph and railroad 

 was greatly interrupted. 



At this juncture of affairs the representa- 

 tives in "Washington of the contesting parties 

 were making strenuous efforts to compromise 

 the difficulties. Finally, on the 9th of May, 

 the following compromise was agreed upon, 

 and copies telegraphed by the Attorney-General 

 to Brooks and Baxter for their acceptance : 



It is agreed this May 9, 1874, at Washington, D. C., 

 between the respective attorneys and agents of Jo- 

 seph Brooks and Eltsha Baxter ? claimants for the 

 office of Governor of the State ot 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 twelve 

 o'clock, noon, at. the usual place of meeting in the 

 State-House, each to put a separate call forthwith 

 for that purpose, and the Legislature so called shall 

 be permitted to meet without molestation or hin- 

 derance by either of said parties or their adherents ; 

 that they shall receive and entertain a communica- 

 tion from Mr. Brooks, setting forth specifically the 

 grounds for his claim to the office of Governor, as 

 well as his reasons for contesting Baxter's rights 

 thereto ; that they shall investigate the facts and .al- 

 legations so set forth by Brooks, and such investiga- 

 tions shall be conducted in the manner prescribed by 

 the constitution and laws of the State, giving to 

 both, parties a full and fair hearing upon such com- 

 petent and relevant testimony as either partjr may 

 offer; that the Legislature shall determine, in the 

 manner provided .by law, which of the contestants 

 received at the November election, 1872, a majority 

 of the legal votes, and declare the result ; and the 

 parties shall abide by that action. Brooks and Bax- 

 ter shall each relieve from duty and send home all 

 his troops, retaining only as many as each may think 

 necessary as a body-guard at Little Kock, not ex- 

 ceeding one company. All warlike demonstrations 

 are to forthwith 'cease, and both parties are to keep 

 absolute peace, and refrain from any interference 

 with each other or their adherents until the con- 

 test is finally decided by the Legislature or the na- 

 tional Government has taken action thereon. That 



until the determination of the General Assembly as 

 to who was legally elected Governor in a contest to 

 be made before that body by Joseph Brooks, the 

 question as to which of the contestants has the legal 

 right to exercise the functions of the office of Gov- 

 ernor may at his discretion be determined by the 

 President on the applications heretofore made to him 

 by the respective contestants. That the Legislature 

 shall receive from each claimant to the ofhce 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 diffi- 

 culties in Arkansas to the respective claimants to 

 the office of Governor, it having been agreed to by 

 all their friends and attorneys here, subject to ap- 

 proval ; and I have to say that the President earnest- 

 ly desires its adoption by both parties. 



GEOKGE H. WILLIAMS, Attorney-General. 



This proposition was rejected by Baxter and 

 accepted by Brooks, in the following terms : 



LITTLE KOCK, ARK., May 9, 1874. 

 To tTie Hon. GEOKGE H. WILLIAMS, Attorney- General 



of the United States. 



SIR: Yours of this date, submitting a proposition 

 for the settlement of the trouble in Arkansas, is 

 received and fully considered. A similar proposi- 

 tion 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 any thing that will, in whole or 

 part, recognize Brooks as Governor. Either I am 

 Governor, or I am not Governor. The Legislature 

 has been called together for the llth 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 law- 

 fully disperse them if I would; nor have I any 

 means of compelling a Legislature that might be 

 convened under the joint call to confirm the terms 

 proposed. The Legislature might as well meet now 

 ana act under my call, because it might not return 

 two weeks hence, and in the mean time we are in 

 confusion, with no recognized Governor, and in n 

 state of war. To dispose of all these matters, I 

 have called the Legislature for the llth inst., under 

 the conviction that it would assemble and be pro- 

 tected by the General Government. 1 now renew 

 my appeal to the President to protect the Legisla- 

 ture now called. If the Legislature meets now, tho 

 question may be submitted to it finally, and 1 will 

 abide its decision fully. I am therefore constrained 

 to decline the term&proposed. 



ELISHA BAXTEK, Governor of Arkansas. 



BARING CROSS, ABK., May 10, 1874. 

 To Attorney- General WILLIAMS, Washington : 



Your dispatch submitting a proposition to submit 

 the question of who was duly elected Governor, and 

 to refrain from warlike demonstrations until the con- 

 test is finally decided by the Legislature or the na- 

 tional Government,_ as proposed in your dispatch, is 

 accepted. My claims to the governorship of Ar- 

 kansas have already been adjudged in the Circuit 

 Court, and the right to exercise the office declared 

 by the Supreme Court in a proceeding where the 

 main question at issue was, " Who is the Governor 

 of Arkansas ? " 1 feel so confident of my election 

 and the justice of my claims 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 have 

 or has the right to construe the Constitution is the 

 Supreme Court of the State, which, in its late deci- 

 sion in the case of Brooks against Page, determined 

 that the Circuit Court had both the power and juris- 

 diction to adjudicate my right to the office. 



JOSEPH BROOKS, Governor of Arkansas. 



