[Telegram dated Headquarters Military Division of the Missouri, New Orleans, La., January 5, 1875 Received January 5.] W. W. BELKNAP, Secretary of War, Washington, D. C.: I think that the terrorism now existing in Louisiana, Mississippi, and Arkansas could be entirely removed and confidence and fair dealing established by the arrest and trial of the ringleaders of the armed White Leagues. If Congress would pass a bill declaring them banditti they could be tried by a military commission. The ringleaders of this banditti, who murdered men here on the 14th of last September, and also more recently at Vicksburg, Miss., should, in justice to law and order and the peace and prosperity of this southern part of the country, be punished. It is possible that if the President would issue a proclamation declaring them banditti, no further action need be taken, except that which would devolve upon me. P. H. SHERIDAN, Lieutenant-General, U. S. Army. [Telegram received in cipher January 6, 1875, from Lieut. Gen. P. H. Sheridan, dated New Orleans, La., January 5, 1875.] W. W. BELKNAP, Secretary of War: There is some excitement in the rotunda of the St. Charles Hotel to-night upon the publication by the newspapers of my dispatch to you calling the secret armed organization banditti. Give yourself no uneasiness. I see my way clear enough if you will only have confidence. Gen. P. H. SHERIDAN, New Orleans, La.: [Telegram.] P. H. SHERIDAN, Lieutenant-General, U. S. Army. WAR DEPARTMENT, Washington City, January 6, 1875. Your telegrams all received. The President and all of us have full confidence and thoroughly approve your course. Gen. P. H. SHERIDAN, New Orleans, La.: WM. W. BELKNAP, I telegraphed you hastily to-day, answering your dispatch. You seem to fear that we had been misled by biased or partial statements of your acts. Be assured that the President and Cabinet confide in your wisdom, and rest in the belief that all acts of yours have been and will be judicious. This I intended to say in my brief telegram. WM. W. BELKNAP, Secretary of War. [Telegram dated New Orleans, La., January 6, 1875. Received January 6, 1875.] Gen. W. W. BELKNAP, Secretary of War, Washington, D. C.: The city is very quiet to-day. Some of the banditti made idle threats last night that they would assassinate me because I dared to tell the truth. I am not afraid, and will not be stopped from informing the Government that there are localities in this department where the very air has been impregated with assassination for several years. P. H. SHERIDAN, Lieutenant-General, Commanding. [Telegram dated New Orleans, La., January 7, 1875. Received January 7, 1875.] W. W. BELKNAP, Secretary of War, Washington, D. C.: Several prominent people have for the last few days been passing resolutions and manufacturing sensational protests for Northern political consumption. They seem to be trying to make martyrs of themselves; it can not be done at this late day; there have been too many bleeding negroes and ostracised white citizens for their statements to be believed by fair-minded people. Bishop Wilmer protests against my telegram of the 4th instant, forgetting that on Saturday last he testified, under oath, before the Congressional committee that the condition of affairs here was substantially as bad as reported by me. I will soon send you a statement of the number of murders committed in this State during the last three or four years, the perpetrators of which are still unpunished. I think that the number will startle you; it will be up in the thousands. The city is perfectly quiet. No trouble is apprehended. P. H. SHERIDAN, Lieutenant-General, U. S. Army. The President, in a message dated January 13, 1875, in response to a Senate resolution of January 8 calling for information in the matter, uses the following language: I repeat that the task assumed by the troops is not a pleasant one to them; that the Army is not composed of lawyers capable of judging at a moment's notice of just how far they can go in the maintenance of law and order, and that it was impossible to give specific instructions providing for all possible contingencies that might arise. The troops were bound to act upon the judgment of the commanding officer upon each sudden contingency that arose or wait instructions which could only reach them after the threatened wrongs had been committed which they were called on to prevent. It should be recollected, too, that upon my recognition of the Kellogg government I reported the fact, with the grounds of recognition, to Congress, and asked that body to take action in the matter; otherwise I should regard their silence as an acquiescence in my course. No action has been taken by that body, and I have maintained the position then marked out. If error has been committed by the Army in these matters, it has always been on the side of the preservation of good order, the maintenance of law, and the protection of life. Their bearing reflects credit upon the soldiers, and if wrong has resulted the blame is with the turbulent element surrounding them. I now earnestly ask that such action be taken by Congress as to leave my duties perfectly clear in dealing with the affairs of Louisiana, giving assurance at the same time that whatever may be done by that body in the premises will be executed according to the spirit and letter of the law, without fear or favor. Meanwhile committees had been sent to Louisiana by both Houses of Congress, and testimony taken from both sides, which was fully reported and debated, with the result that before its adjournment the House of Representatives recognized Kellogg as the legal governor, and on the 20th of March the Senate in extra session passed the following resolution: Resolved, That the action of the President in protecting the government of Louisiana, of which W. P. Kellogg is the executive, and the people of that State against domestic violence, and enforcing the laws of the United States, is approved. VII. POLITICAL DISTURBANCES IN ARKANSAS, 1874. The political troubles that enter so largely into the history of Louisiana for the decade following the civil war, had their counterpart, to a greater or less extent, in Arkansas; though in but two instances was there a resort to arms or occasion for the interposition of the Federal troops. These instances, however, were of so determined a character, involving such extreme bitterness and pertinacity, that for the time they engrossed an unusual share of public attention and called for the most earnest consideration of the General Government. The disturbances of 1868 have already been described. The contest between Joseph Brooks and Elisha Baxter, both Republicans, for the governorship of Arkansas, had its origin in 1872, when a faction of the Republican party in convention at Cincinnati having nominated Horace Greeley for the Presidency, a similar faction in Arkansas indorsed that movement and nominated Joseph Brooks for governor, while the regular Republicans approved the administration of President Grant and selected Elisha Baxter as their candidate for governor. The Democrats, whose national party had indorsed the nomination of Greeley, made no State ticket, but favored the candidacy of Brooks. The returns, when opened in the presence of the legislature, as required by law, showed 41,784 votes for Baxter and 38,673 for Brooks, and accordingly the former was declared elected and was at once inaugurated. Brooks, alleging fraud at the polls, petitioned the legislature for permission to contest, but his petition was denied, as was also his application to the supreme court of the State for a writ of quo warranto. During this time vague threats seem to have circulated about Little Rock to the effect that Brooks, if denied the writ, would attempt to seize the executive office, and upon this pretext, Governor Baxter called out the militia. The denial of the writ, and the equanimity with which the decimilitia called out, sion was received by the Brooks party, seem to have calmed the fears of the governor, so that five days later he issued an order mustering out the militia, in which order he takes occasion to explain his reasons for calling them into service. The June, 1873. 1. The peace of the State having been threatened by a combination of reckless and bad men, having for its purpose the violent and illegal overthrow of the State government, it was deemed wise to prepare to meet such threatened revolutionary action 1 by an organized force, sufficient to maintain order, and enforce the law against all opposition thereto, and for that purpose alone the commander in chief directed the enrollment and muster in cf the militia of the State. 2. By the solemn judgment of the supreme court of the State, the legality of the present State government is now fully recognized, and the effort made to overthrow it, through the forms of law, declared illegal and unauthorized. 3. This judgment of the supreme court puts the executive of the State in an attitude to appeal to the Executive power of the Nation to suppress any illegal, violent, or revolutionary action that may be attempted to overthrow the State government or any of its departments; and the executive of the State has assurances that such an appeal will meet with a prompt response from the President, should occasion to make the appeal occur, which it is believed will not be the case. Brooks next brought suit against Baxter in the circuit court of Pulaski County, under the Civil Code, which provides that whenever a person usurps an office or franchise to which he is not entitled, an action at law may be instituted against him either by the State or by the party entitled thereto." Baxter interposed a plea of nonjurisdiction, but having reason to believe that the court was about to decide against him, addressed a communication to the President, September 4, 1873, reciting the essential facts of the controversy and asking that Federal troops be sent to Little Rock, inasmuch as the course of events may compel him to resort to martial law. This the President refused on the ground that the application was not made in accordance with the provisions of the Constitution." Brooks April 15, 1874. On the 15th of April, 1874, the circuit court of Pulaski County rendered a judgment of ouster in favor of Brooks, and the latter immediately took possession of the State capitol, which seizes the capitol, he surrounded by a strong guard of his supporters, who, apprised of the forthcoming judgment, had assembled to the number of several hundred. A large quantity of arms and ammunition belonging to the State had been stored for safekeeping in the United States arsenal at Little Rock, and for these arms both parties at once made demand. This was refused and each accordingly called upon the President: [Telegram.] EXECUTIVE OFFICE, Little Rock, April 15, 1874. Having been duly installed as governor of Arkansas by the judgment of a court, I respectfully ask that the commanding officer at the arsenal be instructed to deliver the arms belonging to the State, now in his custody, or hold the same subject to my order. U. S. GRANT, President, Washington. a Sec. 525, Civil Code of Arkansas. Jos. BROOKS. b Governor Baxter to President Grant, September 4, 1873, and Attorney-General Williams to Governor Baxter, September 15, 1873, in H. R. Ex. Doc. No. 229, Forty-third Congress, first session. [Telegram.] LITTLE ROCK, April 15, 1874. The PRESIDENT OF THE UNITED STATES, Washington: I have been advised by public rumor that in the State circuit court for this county, in a long pending case brought by Jos. Brooks for the office of governor of this State, a demurrer to the complainant was overruled, and immediately judgment of ouster against me given. This was done in the absence of counsel for me and without notice, and immediately thereafter the circuit judge adjourned his court. The claimant has taken possession of the State buildings and ejected me by force. I propose to take measures immediately to resume possession of the State property, and to maintain my authority as the rightful governor of the State. Armed men, acting under this revolutionary movement, are now in charge of the Government armory and capitol buildings. I deem it my duty to communicate this state of affairs to the President. I trust these revolutionary acts may be settled without bloodshed, and respectfully ask the support of the General Government in my efforts to maintain rightful government of the State of Arkansas, and that the commander of the United States arsenal at this post be directed to sustain me in that direction. I respectfully request a reply to this communication at an early moment. ELISHA BAXTER, Governor of Arkansas. Governor Baxter at once called out the militia, those in Little Rock promptly responding, and established his headquarters at St. John's College. The mayor of Little Rock endeavored with a meager police force to stem the tide of events, but as the population of the city had ranged itself on one or the other side of the controversy, he found himself unable to keep the peace and appealed to the officer in command of the United States troops at Little Rock Barracks. A large number of messages representing both parties were sent to Washington, from the midst of which there was difficulty in learning the truth of the situation. As yet, however, there seemed nothing in the case warranting any interference upon the part of the General Government, so that beyond instructing the United States marshal to take notice of existing troubles and notify the officer commanding the United States troops to prevent bloodshed, should a collision be imminent, no action was immediately had. On the 16th, however, the following telegrams were sent to Messrs. Brooks and Baxter, as well as to the commanding officer at the barracks. [Telegram.] DEPARTMENT OF JUSTICE, Hon. ELISHA BAXTER, Little Rock, Ark.: I am instructed by the President to say in answer to your dispatch to him of yesterday, asking for the support of the General Government to sustain you in efforts to maintain the rightful government in the State of Arkansas, that in the first place your call is not made in conformity with the Constitution and laws of the United States, and in the second place, as your controversy relates to your right to hold a State office, its adjudication, unless a case is made under the so-called enforcement acts for Federal jurisdiction, belongs to the State courts. |