Conservation Resources T icFrefi® Tvnp I F 411 . R42 Copy 1 ADDRESS OF THE REPUBLICAN STATE CONVENTION. j HELD AT LITTLE ROCK. SEPT. 15, IM+. -. To the President and Members of the Republican StaU Convt nt Your committee, to whom was referred the preparation address to the republicans of Arkansas, beg leave to submit the following as the result of its labors, and recommend its adoption : To the end that our action may be fully understood, we deem it but proper to state the causes which have impelled us to adopt the policy now marked out for the republican party of this State, and give to the public the reasons that have influenced us to our present course, :ONSTITUTION CANNOT BE CHANGED IN ANY OTHER MANNER THAN ASSENTED TO WHEN IT WAS ADOPTED. The land and water within certain geographical limits do not constitute a State; but the territory over which the State exercises ;urisdiction. Nor do the aggregate inhabitants within such limits constitute a State. A political State — and the States of the Union are all of this character — is a body politic qualified to subsist by perpetual succession and from generation to generation. It is an organization where the innumerable will speaks as a unit by its legally authorized officers and representatives. It is an organiza- tion where, in consideration of the surrender of certain natural rights belonging to man, the corporate body, called the State, undertakes the protection of the life, liberty and property of every person within its jurisdiction. To the State thus organized the first duty of every person is allegiance — it begins with life and only ends with death. Without the unity which a corporate organization gives, there is no such thing as sovereign will. The sovereign will, in all corporate bodies, must be a unit — a legal entity — and the moment the sovereign will ceases to be the legal will of the body politic, that moment the sovereignty of the State is at an end, and in its stead you have the personal will of an unorganized mass. You no longer have an existing State govern- ment, nor the semblance of one. The moment the corporate peo- ple cease to exist as such, everything is resolved into its natural elements, and you have territory and people, but no government. Under a corporate existence, the people, in a legal sense, have no I ft I! 2 right, of themselves, to change the fori ; >vernment in any other manner than that assented to at the time of its organization. In their corporate character, the people ran change their organi law, in such parts as to them may seem meet, so long as they do nothing inconsistent with the constitution of the United States, and so long as Ehe themselves observe the mode agreed upon when the}' organized themselves into a body politic. If this mode be strictly adhered to, the political State and its legal entity art- preserved: but the moment a change is made by a departure from the corporate powers, or in a manner unknown to the organic act. you h troyed tie- corporate existence of a State, and cut out the line of succession. The will of the corporate body is no longei heard, [ts sovereignty no longer exists, and instead, or one voice speaking for the whole, the voice of the Stat'; is distributed — not to the departments of government, hut to an unorganized mob, who have withdrawn their allegiance from the State. Such action is nothing move nor less than revolution, and before entering upon it, it.- consequences should be weighed against the evils which it is proposed to remedy. There are hut two methods by which a written constitution can be changed; one is the method a upon at lie- time of its adoption, the other is revolution. The general assembly is clothed with power to propose amendments to the constitution, and if the people ratify the proposed amend- ments, thej become a part of the organic act. [nstead of pursu- ing this method, the general assembly ha- attempted to create a body foreign and unknown in our form of government, and clothe it with power, not to amend the constitution, but to create a new t. founded on the allegiance of the same persons that ow< allegiance to the government formed by the constitution of 1868. No one of 'die revolutionist.-, or friends of the new constitution movement, pretend to he the successors of the government organ- ized in L868; they base their right on the power of the people to make and unmake their government at will, regardless "I' all con- stitutional inhibition. They claim to possess the right to with- draw their allegiance from one form of government and transfer it to another, of their own creation, at pleasure. They claim that they are not hound to show any Jim of succession, and thai the 3S the inherent power to mal iments. Whether a State of the Union can he wrenched from in- orbit, and another form of government created to exercise jurisdiction over the same territory, without the consent or ass< nt of congress, and in a man- ner unknown bo fundamental law, is a question that the coe United Stat,'- is called upon for the first time to determine. - 13 thai a state government is not an ephemeral thing; that a State government once formed continues and is binding on the people for all time, unless changed as therein prescribed, and that the causes which would justify revolution ar< the on] 3 that would absolve the people from a departure from die strict letter oi the constitution. This idea of legitimacy and succession cannot be lost sight of, nor can the precedents he (1. 'parted from. It was not out of compassion to an exiled Bourbon, that Europe con- sumed one whole generation in blood and carnage. The struggle was. not to place a Bourbon on the throne because he was a Bourbon, but to sustain their ideas of legitimacy, and the line oi _ succession; and. in the struggle now being made, every State in N the Union will be affected by the precedent set in the Arkansas . case. If Arkansas can change its form of government and its "constitution, in a manner unknown to, and at variance therewith, the people of every other State of the Union may do the same thing every time they become dissatisfied with their officers; 01 whenever one set of partisans, by a reign of terror and violence, an disturb the public mind to such an extent as to induce it to put another faction in power, by transferring their allegiance to another government. The question presented to congress by the Arkansas case is one of great importance, involving, among other things, as it does, a settlement of the question whether the constitution of a State can be altered, changed or amended by the legislature, or the people, in an}' other manner than that prescribed by the organic act. The constitution of this state provides for its own amendment, and we insist, inasmuch as the people themselves have pointed out the manner of changing the organic law, that the mode pointed out must be followed, to the exclusion of all others. In other words, the enumeration and pointing out liow a change in the constitution may be effected, excludes the idea that it may be done in any other manner, or in any mode not pointed out by the constitution itself. The legislative power of the state is vested in the general assembly, but it is lodged there, not for the creation of neir gov- ernments, but for the enactment of laws, and with certain limita- tions and restrictions, among which are, that it shall not be so ex- ercised as to conflict with the constitution itself, or in such manner as may result in the destruction of the instrument from which it derives its sole power to legislate. To deny the correctness of this proposition is to say that the creature is clothed with power to destroy its creator. Therefore, we say that the constitution having pointed out how the legislature and the people might change the same, that mode must be followed, and that the pointing out a specific mode for the legislature and the people -to pursue in chang- ing the organic act is an inhibition upon that department of government, and the people themselves, to pursue or propose any other. LEGISLATURE CAN ONLY BE CONVENED IN EXTRAORDINARY SESSION BY THE 'iOVERNOR. But this is not our only objection. The legislature of the State can only be convened, in extraordinary session, by the gov- ernor. At the time Elisha Baxter attempted to convene the legis- lature, it had been adjudicated by the circuit court of Pulaski county that he was not the governor of the State of Arkansas, and a judgment of ouster entered, which was fully executed against him. It is claimed, on the other hand, that the court rendering the judgment had no jurisdiction of the subject matter of the suit, and for this reason the judgment is a nullity. Whether the courts of the countrv should be resorted to, in a republican form of gov- ernment, to determine questions of this kind, or whether a litigant should be allowed to determine the question for himself, need not be discussed here. It will be a sufficient answer to the argument to say that the circuit court of this State is a court of general and original jurisdiction. If a party litigant pleads to the jurisdiction of a court and his plea is overruled, and lie desires to settle the question of jurisdiction before judgment, he should apply to a supe- rior court for a writ of prohibition. If he waives this right and. judgment goes against him, the only manner known to the law to avoid the force and effect of the judgment is by appeal and super- sedeas. Elisha Baxter neglected to apply for a writ of prohibition, and when a judgment of ouster was rendered against him, he neg- lected and refused to appeal, or take any steps to supersede the judgment ; but on the contrary, after the judgment was executed, by the installation of Brooks, he assumed the right to himself to decide that the court was without jurisdiction ir his case, and bid defiance to the lawful authority of the State In the suit in the circuit court Elisha Baxter was not sued in a representative capacity, but as a private citizen. As a citizen, he was charged with having usurped an office that the majority of the legal electors of the State had granted to another. By demurrer he admitted the fact, and by force of arms he has thus far suc- cessfully resisted the lawful authority of the State. , Afterward this judgment of the circuit court was introduced, in evidence, in a cause pending in the supreme court, to support an averment that- Joseph Brooks was governor of the State of Arkansas, and for the reasons here stated it was held to be a valid and binding judg- ment, the same having been executed. In view of these facts and adjudications, we contend that Elisha Baxter had no power or au- thority to convene the legislature in extraordinary session, and that unless convened by proper authority it had no power to pass a bill providing for a constitutional convention, or upon any other sub- ject. THE PROPOSED CONSTITUTIONAL CONVENTION WAS NOT PROVIDED FOR BY THE LEGAL GENERAL ASSEMBLY OF ARKANSAS, BUT BY A BODY OF USURPERS. We further contend that the body of men who convened at the call of Elisha Baxter, and pretended to act as a legislature, was, in fact, an illegal and unlawful assemblage, and had no power to legislate for the people of Arkansas, even if called together by proper authority. The law authorizing the governor of this State to issue writs of election, to fill vacancies happening in the general assembly, only authorizes him to order elections in cases where a vacancy occurs by death or resignation. Yet, in the face of the law. Elisha Baxter, on his own motion, ordered elections to be held for members of the general assembly in twenty-one districts, when the term of office of the members from these districts had not expired nor had they died or resigned. The constitution of this State pro- vides that a "removal from the district" shall be deemed a vaca- tion of office of a mem her of the general assembly ; and anothei clause provides that "no person holding any office under the United State-, or this State, or any county office, excepting post- master, notary public, officers of the militia and township officers, 5 shall be eligible to or hold seats in the general assembly." These are things which go to the disguaMfication of the member. The constitution says "each house (not the governor) shall be the judges of the disqualification, election and return of its own mem- bers." There was a legal quorum of the general assembly in exist- ence at the time Elisha Baxter issued his proclamation convening the same, without counting those he claim? vacated their offices by accepting appointments that rendered them ineligible as mem- bers of the legislature. To this quorum of each house, and not to Elisha Baxter, belongs the exclusive power of determining whether a member has "removed from his district," or whether he has accepted an office incompatible with that of a member of the gen- eral assembly. By assuming and arrogating to himself the powers belonging to the different branches of the legislature, 'under mar- tial law and by force of bayonets, he organized a pretended house of representatives, at an unusual place, and other than the capitol. by putting thirty-three persons therein to fill vacancies that had never been declared to exist, save by himself, and that did not occur from "death or resignation." These thirty -three persons, at all times during the pretended session of the legislature. up to the passage of the act providing for a constitutional convention, constituted a majority of the house of repre- sentatives, and the minority, had they been so disposed, and they were not, being friendly to Baxter's revolution, were powerless to eject the intruders. By the same disregard of law, and bayonet rule, he placed six persons in the senate to fill vacancies that had never been declared, save by himself, and that did not occur by " death or resignation." The pretended legislature that jDrovided for calling the present constitutional convention, instead of having fourteen legal members in the senate at the time of the passage of the constitutional convention act, only had eight, and instead of having forty-two in the house of representatives, only had nine that were entitled to seats. Called together, as that legislature was. by a declared usurper; organized, as it was, within the military lines of Elisha Baxter, and at a place other than the capitol, and composed, as it was, of thirty-three persons in the house of repre- sentatives and six in the senate, who were not entitled to seats, we do not, and cannot, recognize its authority to legislate for the loyal people of the State of Arkansas. WHY WE CANNOT PARTICIPATE IN THE ELECTION. " Why not participate in the election and vote the constitution down if it is obnoxious?" is a question asked by our opponents. We have already stated that the convention was illegally called, and that the present constitution cannot be altered, changed or amended in any other manner than that pointed out by the consti- tution itself. We cannot participate in the election without aban- doning these propositions. We cannot participate in the election without admitting the legality of every act of Elisha Baxter's administration — from the time a judgment of ouster was entered against him — nor can Ave participate in the election without assent- ing to the doctrine that the constitution may be altered, changed or amended in another manner than that prescribed by the organic act. If a constitutional convention could be legally called we could afford to enter the contest, Our opponents ask us to waive :ill questions of legality and enter a contest where he who enters then- leaves hopes behind. PAVING THE WAY TO THE COMMISSION OF FRAUD SUFFICIENT TO HAVE THE CONSTITUTION DECLARED RATIFIED. Fearing that the constitution might 1><' voted down, and to make assurance doubly sure, the constitutional conven- tion, with the co-operation of Elisha Baxter, have suspended the registration law, and set its safeguards aside, for no other reason than to allow the commission of frauds sufficient to insure a declaration of its adoption. With the registration law in force, the number of legal voters in each precinct could be easily ascertained; but with no registration in the State, everything is left in doubt as to the number of legal voter- in each township, and the judges of election, who, no doubt, will l» chosen with a nor to their fitness for the work, are at Liberty to, and no doubt will, make such returns as will show the constitution to be ratified, no matter how many votes may be east against it. Not content with suspending the registration act, the constitutional convention, in violation oi the constitution itself, passed an ordinance invading the secresy of the ballot-box, so that the judges of election can tell how every man votes. By thus violating the constitution, the judges of elec- tions have a list of the names of the men who voted against the constitution, which, no doubt, will be furnished the order of White Leagues throughout the State, as persons upon whom sum- mary punishment should be inflicted. If this were all, our caus< of complaint would not be as great as it is. Instead of allowing the returns of the election to be sent to the capitol to the usual officers, the constitutional convention has created a hoard of its own. that is not responsible under the election laws of the State nor to any tribunal, for the manner in which its members discharge their duty. This hoard is clothed with the power to declare the constitution ratified, and its action is final and absolute. It is clothed with power to declare who were elected State officers, and from its decision there is no appeal. No tribunal has been created before which frauds, no matter how enormous their character, can be inquired into or reviewed. No tribunal exists before which the vote on the adoption of the constitution can be tested or contro- verted; nor is there a tribunal before which we can contest the "lection of any one of the State officers, until after they have been installed into office. While we might be abb' to show the defeat oi the constitution by a vote of twenty thousand, and that thirty thousand illegal and fraudulent votes were placed in the ballot-box and included in the returns placed before this board, it would say "we are not authorized to hear a contest or correel th< returns; our sole duty is to declare the result from the returns." Th< standing of the member.- of tile hoard is no guaranty ^( a fail "lection or a fair count, for they arc not clothed with powertogivi t. were they so disposed, and the fact that after repeated efforts oi the part of our friends in the constitutional convention to get a republican on the election board of each county, and on the Stat< board, they were denied representation, has a tendency to arouse the suspicion that the proposed constitution is to be adopted at all hazards. The State hoard declares who were elected members of the general assembly, and while we might attempt to mak< a con- test before that body over the election of State officers, we have no power to make it entertain the same, and to enter upon such a con- test would be a recognition and admission of the fact that the constitution was brought about by proper authority and legally adopted. The men who inaugurated rebellion in this State, and thus far have had th< conduct of it. knowing as they do the consequences of a failure, will not be particular as to the means used to secure its adoption. On its adoption depends their restoration to power. Its defeat is their political death-knell, and to many of them a notice to quit. The people &i Texas, by participation in what the courts afterward declared was an illegal election, were held to be estopped from setting up the illegality, and it becomes us, with the light of their exp iei before us, to refrain from any act that would embarrass ourselves or the ease now before the congress of the United States. HAS THE NORTH CHANGED ITS MIND IN RELATION TO ITNREPENTANT REBELS? We feel every confidence that congress will at' an early day take up the Arkansas case and reinstate its lawful authority, and we hope no man professing to be a republican, or who desires to perpetuate the existence of the party in this state, will do any- thing to embarass the action of our "friends in congress. We re- gard our triumph as certain, if the policy laid down in this address be strictly adhered to. That there has been some apathy and indifference of late, on the part of the republican members of congress in relation to southern affairs, cannot be denied; but that apathy and indifference has arisen from a misrepresentation of fact, which is fast being corrected. This apathy and indiffer- ence, by our opponents, has been taken as an evidence that the northern mind has at least been brought to recognize the fact that there can be no peace in the lately reconstructed States until the State governments thereof have been remitted to the control of those that led them into rebellion. Such, however, is not the fact. The north has not changed its mind toward the men who clothed it in mourning and increased the national debt three and one-half billions of dollars. It begins to see, with clearness, that the leaders of the late rebellion regret nothing but their defeat, it begins to see that the struggle of the leaders is to overthrow the governments instituted in the south by the reconstruction acts of congress; not so much because the government itself is obnoxious as to get rid of the work of a republican congress. While gazing placidly upon the fact that the armed power y)\' the confederacy is concealed from sight, it has not failed to discover that the memory of the " lost cause " and its purposes still survive, and are en- shrined in the hearts of most of its followers, who are struggling to make their past disloyalty and treason res Not only this: in Kentucky, Tennsseee. Georgia and Virginia, wh re the 8 leaders no longer conceal their feelings or policy, it observes a dis- position to ignore and disregard the rights of a class of elector.-, the protection of which the thirteenth, fourteenth and fifteenth amendments to the constitution of'the United States were adopted to preserve and protect. It begins to see that a profession of loy- alty was assumed for a purpose, and what that purpose is. The late elections in North Caroline! and Tennessee were followed by riots, growing out of the fact that the colored man was denied the rights guarantied him by the constitution of the United States ; and upon the heels of these disorders, the telegraph announces the fact that armed white forces, without authority of law or color of authority, and citizens of other States, invaded South Carolina and Mississippi for the purpose of inflicting summary chastise- ment upon colored men. The object of these expeditions, and the spirit that animated them, as well as that which induced citizens of Texas to send two pieces of artillery to Arkansas to aid Elisha Baxter to overthrow the lawful authority of the State, and resist the courts of the State, are known to the northern mind, and at the proper time it will express itself. So apparent have the designs of the leaders of the rebellion become that the attorney- general of the United States has called the attention of the presi- dent and his cabinet to the matter, and in the meantime has instructed his» prosecuting-attorneys and marshals to be vigilant in arresting and prosecuting such persons as may in any manner have attempted to prevent an exercise of the right of suffrage or violated any of the acts passed to enforce the thirteenth, four- teenth, and fifteenth amendments to the constitution. THE POWERS OF CQNGEESS OVEB THE QUESTION. Tin- question presented to congress is not, as some supp mere contest between Brooks and Baxter, but it is one involving a settlement of the question whether or not a State government can be administered by adjudicated usurpers, and its form changed in a manner unknown to the organic act, to defeat the administration of tin; same by its legally-elected officers. Section four of article four of the constitution of the United States declares that "the United States shall guaranty to every State in this union a repub- lican form of government," and the eigth section of article one clothes congress with the power " to make all laws which shall be necessary and proper for carrying into execution the powers vested by the constitution in the government of the United States." We contend there is no such thing as "a republican form of govern- ment' 1 where force and effect is not given to the voice of the ma- jority of the legal electors. Under the clauses of the constitution quoted, congress is clothed with authority to determine whether a republican form of government exists in any one of the states of this union, and if it does, to guaranty its enjoyment to the people of the State. This is what we demand. By the clauses quoted, congress is clothed with power to determine whether a republics form of government has ceased to exist, and if so, from what cause, and if it has, to provide by law for the establishment of a government that is republican in form, or for the reinstatement of the lawful government. If, in the examination of the question, congress should find that a republican form of government had ceased to exist, because the persons representing the sovereignty of the State and administering the powers of government were not chosen in accordance with the constitution and laws of the State ; and that the power thus obtained had been used to destroy the existing form of government, and, by revolution, usurpation and violence, in its stead, create another, we contend that congress has both the right and power to direct that the State government be surrendered to the persons chosen by the people to exercise those powers, and command the revolutionists to disperse. We are aware that it is, and will be contended, that if a majority of the legal electors are deprived of their choice in the selection of a chief executive officer of the State, that the legislature is clothed with the power to correct the wrong complained of, and install the legally-elected officer. We do not deny this conference of power, but ask. What is the remedy when the legislature refuses to deter- mine the question, as is the tact in this case? The advocates and friends of Elisha Baxter say this is the end of the matter, and that there is no power, either within or outside of the State, to give force and effect to the voice of a majority of the legal elector- of the State, if the legislature shall refuse to discharge a duty imposed upon it by the constituti6n. Here is where we differ. We contend that under the " guarantee " clause of the constitution of the United States, congress has not only the power, but that it is its imperative duty, when the State authority has refused to act, to see that the voice of the majority of the legal electors is respected and obeyed. Can it be truthfully said that there is a republican form of government in a state where the officers repre- senting the sovereignty and charged with the execution o the law. hold their positions in direct opposition to the will of the people as expressed at the ballot-box, and in defiance to the judgments of the courts of the State, or where, by conspiracy, or for any other reason, the legislature refuses to allow the question to be deter- mined? We think not. The power of congress under the fourth section of article four of the constitution of the United States was fully examined and discussed during the pendency of the recon- struction acts, and State governments having greater sanction than the one proposed to be established by the proposed new constitu- tion were declared invalid and set aside, for the sole reason that their legitimacy could not be shown. In some instances they could trace their title back to a proposition of the president of the United States ; in others they claimed from the people, but in no instance did they pretend to be the successors of a State of the union. The advocates of a new constitution will be compelled to show that they are the lineal descendants of and successors to the government established in Arkansas in 1868, and that they came into possession of the same through and in the manner prescribed by lair. This they cannot do. WILL CONGRESS ALLOW THE MEN HEREIN DESCRIBED TO OVERTHROW A LOYAL STATE GOVERNMENT, AND IN ITS PLACE ERECT ONE TO BE ADMINISTERED BY DISLOYAL MEN? Attempts, no dobut, will be made to create the impression 10 that congress is powerless to interfere: in fact the boast of our opponents is, that by the time congress convenes, they will have a constitution and government that is "republican in form," and if congress should rind that Mr. Brooks was elected governor in 1872 for the term of four years, and thai he was entitled to the office, it would not find a Shite government in the State of Arkansas to put him in charge of. The argument is not even ingenious, and however it may delude the ignorant, we have no fears that the congress of the United States could not find "a State of Arkan- sas'" if the necessity should arise. Tt is idle to say that the CO] - gress of the United States can or will sustain the revolution inaug- urated by Elisha Baxter, and prosecuted, as it has been, by men who have done nothing else for the past thirteen years but denounce and vilify it, because of its republican tendencies. It must he home in mind that our contest is before a republican tribunal — that on one side are arrayed the loyal and reconstructed men of the State, and that on the other side are arrayed the most vindictive, unforgiving rebels of the south, who but a Jew short years since wore the mask and gown of the Koklttx ; who are to- day more intense in their hatred of the north than they ever were. and who are to-day members of the White Leagues. Everytl else being equal, we certainly ought to start with the sympathies of eoli> tesl applied in selection of candidates for office by the late convention of the White-league democratic-conservative party, wa£ adhesion to the "lost cause," hatred of the north and th< negro, and a pledge to drive every prominent republican from 3tat< and colored man from the polls; thai the candidate of 11 the White-league party for governor was a member pf the seces- sion convention and a member of the confederate senate ; that its candidate for treasurer of State is an ex-confederate major-gen- eral; that its candidate for auditor is an ex-confederate colonel; that its candidate for secretary of State is an ex-confederate colonel; that one of its candidates for supreme judge was the president of the secession convention ; that the candidate for chief-justice was a supreme-judge and chief-justice at the time the ordinance of secession passed, and at the earliest opportunity swore allegiance to the confederate government, and continued as such under the same; that the candidate for attorney -general is an ex-confederate colonel ; that the candidate for commissioner of State lands is an ex-confederate captain. Congress and the northern mind will find little or no difficulty in distinguishing this revolution, or the spirit that moves it, from a peaceful effort of the reconstructed masses to change their organic law in the mode therein pointed out : but that in point of fact it is an attempt to reorganize a government composed of the most virulent rebels in the south. WHAT ELISHA BAXTER HAS DONE TO AID IN THE OVERTHROW OF THE PRESENT STATE GOVERNMENT AND TO AID THE REVOLUTIONISTS. When we have shown to congress, as we will show, that Elisha Baxter was not elected governor; that he set the judgement of the courts of the country at defiance: that thirty-one members of the house of representatives w r ere by him appointed to high and lucrative offices within a few weeks after voting to prevent a contest for the office of governor: that he proclaimed martial law at the capital of the State, where it continues to-day, and under its auspices places thirty-three persons in the house of representa- tives and in the senate, without whose presence there never was a quorum in either body, and who had no right there : that he solemnly pledged himself before the pretended election of these so-called members of the legislature, he would not convene the general assembly were every man, woman and child in the State to petition him to do so, and that after lulling republicans into security. and electing democrats to fill vacancies of his own creation in the legislature, he violated that promise ; that after pledging himself in the canvass to reduce the appointing power of the governor and make the officers elective by the people, he induced the legislature to cre- ate nearly three hundred new offices, and retained to himself the power of appointment ; that there has been no law in the State since April last but his will ; that he, with the aid of an illegal legislature, suspended three of the supreme judges because they would not aid him in his usurpation of the office of governor, and appointed two of his attorneys, who had been confederate supreme judges, to fill the vacancies thus created : that he forced the treas- urer of State to resign to give the position to one of his major-gen- erals in the militia, who was a confederate colonel ; that he forced the attorney-general to resign and appointed another of his militia generals, an ex-confederate major, to fill the vacancy ; that he sus- pended the superintendent of tin- penitentiary, and appointed an- 12 other of hit? major-generals of militia, an ex-confederate major- general, to fill his place ; that he suspended the commissioner of state lands and immigration for the purpose of giving an agent of the associated press, an ex-confederate captain, whose only claims to recognition were the falsehoods he sent to the public by virtue of his position ; that he suspended the auditor of State for obeying a mandate of the supreme court ; that his administration has been more corrupt and extravagant than that of any preceding admin- istration ; that he has driven immigration from the State ; that he has used the executive contingent fund of the State to pay his pri- vate debts ; that life and property are wholhy without protection of law, and have been for months past; that he has appointed mur- derers, for whom rewards are offered, officers in the militia ; that he has paralyzed trade ; that under his administration the process of the law has been used for the purpose of disarming persons, to the end that assassination might be made less difficult ; that he disbanded the militia of loyal men, and in their stead organized a militia of personal and political adherents, composed of Kuklux and ex-confederates ; that for the purpose of violence and intimi- dation he has placed the arms of the State in the hands of his ex-con- federate militia ; that colored and white republicans are arrested on frivolous and trumped up charges and brutally murdered while in the hands of officers of the law ; that he has made the military inde- pendent of and superior to the civil power ; that he has despoiled citizens of the State of their goods and refused to pay for them be- cause the}^ were not personal adherents ; that he has pardoned out of the penitentiary, at the instance of political friends, persons con- victed of felony, upon the assurance that they would play the des- perado in his behalf in the different counties ; that he has kept a standing army at his private residence and at the capitol ; that he has doubled our taxes ; that he has appointed democratic and ex- confederate officers to office, after the adjournment of the legislature, whose nominations were rejected by the senate; that he has encour- aged the assassination of republican officials and invariably appoint- ing ex-confederate democrats to fill the vacancies occasioned by the murder of republicans. In short, to use the language of the declar- ation of independence, his daily administration has been marked by acts that define him as a tyrant, and unfit to govern a free or loyal people. Therefore, we repeat that when these things have been shown to congress, we need have little fear that any member of it will have either the temerity or effrontery to attempt the defense of a government brought into existence by the aid of the acts mentioned, and for the sole benefit of the class of men we have described, and who do not even make a profession of loyalty. REFUTATION OF THE CHARGE OF HICxII TAXES AND A LAVISH EXPENDI- TURE OF THE PUBLIC MONEY. Having briefly alluded to the reasons which have influenced us to not embarrass the cases now before congress, by 'participating in the election, and having described the class of men and the animus of those who occupy prominent places in the present rebellion, we are impelled, not only by a sense of duty, but in justice to the republican party, to refute some charges made against 13 it by our opponents. It is charged that the republican party is the author of high taxes in this State, and that its administration is marked with a more la visit and reckless expenditure of the public money than that of any which preceded or followed it. To the end that the people may see how little truth there is in this charge, we have taken the trouble to ascertain the amount of taxes levied during the two years preceding the advent of the republican party to power. The tax fo±' genera] revenue purposes, for the years L866 and 1867, was as follows : 1866 $500,79] 66 1867 '. 278,089 so Total $778,881 16 1868....! $341,979 37 869 349,649 96 Total • $691,829 33 From the above statement, it will be seen that during the first two years the republican party were in charge of the State govern- ment it levied $87,252.13 less tax for general revenue purposes than the democratic administration did that preceded it. When it is taken into consideration that, under the two years of republican rule alluded to, a deaf-mute institution and a blind asylum were built, and the expense of supporting and maintaingthe same paid out of the general revenue fund,- and that $160,000 of the same fund was used to subdue a Kuklux rebellion, it may be doubted whether our opponents make anything by inviting comparison. During the administration of Gov. Clayton, State scrip never went below eighty cents, and at times was par. Under the admin- istration of Elisha Baxter, the man who has won the admiration of the "White League," for the efficient manner in which he has conducted the finances of the State and the State government, State scrip never rose higher than sixty cents, and has fallen as low as twenty-five cents, where it stands to-day. These facts are only mentioned in passing, that the public may judge for themselves which of the two administrations had the confidence of the people. Having compared two years of republican rule with two years of democratic rule, and finding the balance in our favor, let us make a comparison with that of Elisha Baxter. We have already seen that the general revenue tax for the years 1868-9 amounted in the aggregate to $691,629.33. Under the "economical adminis- tration" of Elisha Baxter, the general revenue tax for the years 1873-4 is as follows: 1873 si, 024,987 93 1874 ". 717,491 55 Total $1,742,479 4S By deducting $691,629.33, levied for general revenue purposes, under the first two years of Clayton's administration, from $1,742,- 479.48, the amount levied for the same purpose under the adminis- tration of Elisha Baxter, we find that one million, fifty thousand, eight hundred and fifty dollars and fifteen cents more tax was levied for gen- eral revenue purposes on "an oppressed and carpet-bag-ridden 14 people," without a murmur, by Elisha Baxter, than was in the same length of time under republican rule. But our opponents may say this is not a fair test ; that the amount of taxes levied in any one year, or series of years, does not show the actual expense of the government. This is true. Elisha Baxter has been in office not quite twenty-one months, and during the first eighteen months of that time warrants have been drawn, payable from the general revenue fund, to the amount of $2,211,- 400.21. During a period of twenty-seven months, under the administration of Gov. Clayton, which is characterized by our opponents as being "the sum of all corruption and villanies," war- rants were drawn on the general revenue fund for the sum of $1,422,360.71. This amount deducted from the amount expended under the administration of Elisha Baxter ($2,211,400.21), shows that Elisha Baxter expended seven hundredand eighty-nine thousand, thirty-nine doUars and fifty cents more in eighteen month* than Gov. ( Jlayton did in twenty-seven months. REPUBLICANS PAY THE INTEREST ON THE PUBLIC DEBT. Under the republican administration of Govs. Clayton and Hadley the interest on the public debt was promptly paid. Under the administration of Elisha Baxter not one cent of interest has been paid. Yet Elisha Baxter, by the commission of acts that we cannot forbear characterizing as crimes, has so commended himself to the democratic party that it twice nominated him as its standard- bearer, in preference to a member of its own party. Whether he declined the nomination for governor for so many dollars and cents, as some allege, or under a promise that lie should be sent to the United States Senate two years hence, cannot change the indorsement given him by the White-League democratic-conservative party. That party lias indorsed his every crime, and it now pro- poses to reap the fruits of his iniquity. Whether it will be enabled to do so depends entirely on the fact whether or not the congress of the United States, in violation of all law and precedent, is really anxious to turn the State of Arkansas over to the very men it wrested it from in 1868. RECOKU OF THE REPUBLICAN \NI> DEMOCRATIC PARTIES OH Tin: Ql ES- TIOS OF FREE s.'l !' i. .]>. "Knowledg( and learning." so says the constitution of 1836, "general!) diffused through a community, being essential to the preservation of a fret governm nt, it shall be the duty of the general ably to provide by law i'ov the improvement of such lands as are or hen niter may be granted by the United States to this State for the use of schools, and to apply any funds which maybe raised from such lands, or from any other source, to the accomplish- m i;l of the object they are oi may be intended for." Now. let us see how faithfully the democratic party observed this provision of the constitution : In the year 1827 congress granted Arkansas seventy-two sections of land, for the purpose of establishing a "seminary of learning." From the sale of these lands $184,320 was realized. The money has been squandered, and no "seminary of learning'" has been built. Having shown what become of a grant for educational purposes under democratic rule, let us s< e 15 what ;i republican administration did with a grant of a like char- acter. Under an act giving to the different states a grant of land for the purpose or' establishing: "agricultural colleges," the state of Arkansas was entitled to 150,000 acres of land, for which $135,000 was realized. With this money and such donations as have been secured through the activity of the republican officials placed in charge thereof, a farm costing $11,000 lias been purchased, and a building costing $130,000 has been erected thereon, and an endow- ment fund of $130,000 secured. At the time Elisha Baxter came into possession of the executive chair this institution was in a highly prosperous condition, with two hundred and thirty-four pupil- in attendance. But we regret to say that under the admin- istration of Elisha Baxter a change was made in the board of trustees, and from present appearances it is soon likely to become an asylum where indigent survivors of the "lost cause" may be "pensioned off,'" and the youth of the country taught to hate the government that endowed the college. Having shown the differ- ence bet ween the two parties in relation to colleges, let us see the difference in relation to the "dissemmination of knowledge.'" a thing the trainers of the constitution of 1836 regarded as so "essen- tial to the preservation of a free government." In a period of nearly thirty years the democratic party erected, so Gov. Rector -ays in his message to the legislature of 1861, just twenty-six school-houses. In a period of four years, during all of which time we had to combat a prejudice against free schools, the repub- lican party erected eleven hundred and forty-six school-houses, at a cost of $276,378. In addition to this, during the year 1869, it furnished 68.802 children with the benefit of a free common school education. In 1870, 107,908. In 1871, 109,809. In 1872, 93,033. Comparisons like these are odious. HOW THE CISTERNAL [IMPROVEMENT FUND WAS SQUANDERED. For the purpose of showing the utter faithlessness of the demo- ratic party, we desire to call the attention of the public to the fact that in the year 1841 the congress of the United States granted to the State of Arkansas 500,000 acres of land, the proceeds of which were to be applied to building " roads, railroads, bridges, canals and the improvement of water courses." Instead of spending the money a rising from the sale of said lands, for the purpose indicated in the grant, a democratic legislature passed an act distributing the proceeds arising from the sale to the different counties. Having distributed the money equally between the different coun- ties, a democratic legislature passed another act requiring the custodian of the fund "to loan the same to any citizen of the county applying to borrow it;" at the same time inflicting a penalty on the officer of ten per centum per month' if he refused to loan hf money. History records the fact that the money was loaned, and we regret to state that the counties have never been able to get it back. Instead of appropriating the money to some great work of improvement, as the other States did, to which a similar -rant was made, it was first in violation of the grant distributed equally among the counties, and second, by subsequent legislation, loaned to favorites and irresponsible persons, from whom it cannot 16 now be collected. Seventy-two sections of saline lands and seven millions of acres of swamp land, granted the State by congress. under democratic rule, have all been frittered away, and no citizen can point to a work of a public nature where one-tenth of the money was expended that was derived from these grants. HOW CERTAIN DEMOCRATIC POLITICIANS ROBBED THE STATE OF FIVE MILLIONS OF DOLLARS. Here we might stop the recital and comparison of the acts of the democratic and republican parties, and submit the case as made to an intelligent public for verdict and judgment; but a sense of duty impels us, nauseating and repulsive as the work is, to continue the recital of political corruption seldom seen and never equalled in a republican form of government. Nearly forty years ago our democratic friends were short of money " to buy more niggers to pick more cotton," and they conceived the brilliant idea, as they had no credit of their own, to mortgage their plantations to the State at fabulous prices, and get the State, as it then had no bonded indebtedness, to issue bonds, equal to the amount of the face of the mortgages. A democratic legislature was appealed to, and an act was passed authorizing the establishment of the Real Estate oank. The mortgages were executed, and the State turned her oonds over to the impecunious gentlemen, who had no credit of their own. The bonds were sold, and a bank organized for the benefit of the mortgagors, who were not slow to borrow its capital. Like the internal improvement fund, the capital thus borrowed is loaned yet. From the money derived from the sale of the bonds, the State was to receive no profit. The State, in point of fact, was a mere accommodation indorser, the mortgagors pledging them- selves to pay the interest and principal of the bonds as the same became due. Instead of complying with that agreement, or paying the interest as the same became due, no interest was paid thereon during a period of thirty years, the State contending that having received no consideration for the bonds, it did not feel like paying a debt that should be paid by the beneficiaries. Our impecunious friends having the money derived from the sale of the bonds in their pockets, not feeling disposed to pay it out in interest, let the bondholder and the State argue the legal and moral phase of the case for nearly forty years. The principal and interest on the debt thus created amounts to nearly five millions of dollars. In equity, the persons who borrowed the mone}^ and executed the mortgages ■diould be compelled to pay it ; but in point of fact the tax-payer, if he has any respect for the credit of the State, will have to pay five millons of dollars of private debts that should be paid by individuals. The men who honestly owe this debt of five million dollars are all members of the democratic party, and they can be heard most any day railing of "radical corruption" and high taxes. Instead of instituting suits against the men who owe this debt, and prosecuting them to a speedy judgment, a democratic legislature, ;it the instance of these debtors, whose influence they fear, and whose property they desire to protect, has so framed the aw that it is doubtful if anything can ever be collected on the mortgages. If the pres llion i- successful, we now prophesy 17 that not one dollar will ever be collected, for the men who owe this debt owned the courts and the legislature before the war, and will own them. Whatever else may be said of the republican party, its worst enemy cannot charge it with a crime like this. REMOVAL OF POLITICAL DISABILITIES DID NOT BRING PKACE. Disfranchisement, for a long time, was the alleged cause of violence and disorder throughout the State. The republican party, ever ready and anxious to extend the olive branch, and inaugurate an era of good feeling, on its own motion, removed all political disabilities imposed for participation in the rebellion. Its magna- nimity in so doing has neither been acknowledged nor appreciated by the recipients nor by our opponents. Instead of decreasing violence and disorder — instead of restoring harmony, peace and quiet, it only served to open the long pent-up flood-gates of hate and animosity, and many republicans to-day are in doubt whether they are entitled to the plaudits or censure of mankind for their action in this respect. Our magnanimit}' in removing political disabilities, our every effort at reconciliation, and every overture in the interest of peace, has, by our opponents, been interpreted as an evidence of timidity and cowardice and a license to indulge in a relentless persecution of every man that adhered to, or sympathized with, the war for the preservation of the Union. WHAT THE REPUBLICAN PARTY HAS TO BE PROUD OK. The republican party of Arkansas has much to be proud of. Organized, as it was, at the close of a wicked and uncalled-for rebellion — ostracised as its members were, hated, maligned and despised for its loyalty to the government and prompt recognition of the rights of the colored man — its magnanimity has known no bounds. Under its reign, over six hundred miles of railroad were constructed. Under its advent into power, eleven hundred and forty-six school-houses were built, and one hundred thousand children annually the recipients of a free-scool education, and life and property received a greater protection than during any period since the organization of the government. While it may not have been all that its friends could have desired, and while it may not have accomplished all that was expected, an era of prosperity, such as was never before known in the State, kept pace with its lease of power. Its deeds of usefulness, and acts of fidelity to the best interests of the people, are no more to be compared to those of the democratic party than light is to darkness, or loyalty to treason. It has committed no act to mantle the cheeks of its members with shame, and left a heritage to the people of Arkansas, which, if preserved, should embalm it in the memory of its loyal citizens. With this record, we confidently submit our cause to a loyal congress and the republicans of Arkansas. Resolved, That the address prepared by the committee, be adopted by this convention, and that the same be publiehed in the address of this convention. Adopted unanimously. 18 RESOLUTIONS Resolved, That we renew our pledges of fidelity to those grand and beneficent governmental principles in defense of which the republican party was organized, and under which it has conducted the affairs of the nation during the most important epoch in its history, in such manner as to challenge the admiration of a large majority of the intelligent and liberty-loving people of the world. 2. That we denounce the usurpation of the chief executive office of the State by Elisha Baxter, in violation of a decree from a legally constituted court of competent and general jurisdiction in the State, recognizing and declaring Hon. Joseph Brooks to have been elected governor by a majority of the legal voters of the State, and we deny in toto the correctness of the opinion assumed by the attorney-general of the United States in the opinion addressed to the president, and upon which the latter recognized the usurping State government in Arkansas. 3. That the circuit court, a court of general and compe- tent jurisdiction, having, on the 15th day of April last, declared upon evidence that Hon. Joseph Brooks was governor of the State, we hereby declare it to be our opinion that all acts had and done by Elisha Baxter since the date of that decree were and are revo- lutionary, null and void, and that the assembling of the legisla- ture in extraordinary session, by virtue of his proclamation, was a revolutionary proceeding, and cannot be recognized by the repub- licans of the State. 4. That the late so-called constitutional convention recently assembled, having been called by a revolutionary legislature, with- out warrant or authority of law, and in violation of the existing constitution of the State, all acts had and done by that conven- tion, as well as those of the legislature which called it, are revolu- tionaiy, null and void, and it would be both improper and impol- itic for the republican party to place men in nomination as candi- dates for any of We offices provided for by said so-called conven- tion. 5. That the provisions in the constitution submitted by the late so-called convention, requiring the numbering of ballots, de- stroys the secrecy thereof and the principle of free and fair elec- tions, and, we believe, is intended as an instrument to be used in the work of in tit nidation at elections. 6. That in our deliberate judgment we believe that the manip- ulators of the proposed constitution, well knowing that they could not under a fair and free election get a majority of the voters of, this State to ratify a constitution that refuses to acknowledge para- mount allegiance to the United States, intend to carry the same by fraud, repeating and ballot-box stuffing, and in orderto be success- ful in their efforts, refused in their article submitting the same to place any but their own partisans as judges or managers of the election. 7. That the open and declared purpose ot' the leaders of the 'lost cause'' and the present "White League" is to seize all the State governments in the south, and drive out or assassinate men who will not obey their behests or subserve their interests/ and their claim that the United States will have no authority to interfere in any manner with their State governments unless called upon by them, is but a reassertion, in another form, of the doctrines of the "lost cause,'' and should be combatted and denounced by every man that acknowledges or owes his allegiance to the national gov- ernment. 8. That the action of the late so-called constitutional conven- tion respecting the indebtedness of the State, is a shameless, but ■characteristic democratic scheme to repudiate a public obligation legally incurred, and that we reiterate the principle that the prompt and honorable discharge of said obligation is a duty we owe ourselves, as well as our creditors. 9. That the action of the late constitutional convention in refusing to provide unqualifiedly for an efficient system of free common schools, wherein the youth of the State could be thor- oughly educated, has displayed the usual characteristic democratic opposition to intelligence and intellectual advancement, and its utter failure, in this case alone, to meet the requirements of a people earnestly seeking after knowledge, should of itself be a sufficient cause for the overwhelming defeat of the so-called constitution. 10. That we approve the timely movement calling a southern convention to be held at Chattanooga, on the 13th day of October next, and have the utmost confidence that its deliberations will result in great good to the whole country. 11. That we return our sincere and heartfelt thanks to the senate of the United States for its zealous efforts in securing the passage of the civil-rights bill, and we request the house of repre- sentatives of the United States to pass the senate bill, and thus settle for all coming time a prejudice founded on hate and unworthy a people that profess to favor the political and civil equality of all men before the law. 12. That in the colored race at the south we have, since recon- struction, ever found a naturally peaceful and industrious people, zealous and devoted lovers of the national government, and faithful allies of republicanism, and we demand, as a necessary condition of their security against prejudice and violence, that the national government enforce in their behalf the full and complete guaranties of the federal constitution. 13. That we denounce the misrepresentations and mendacity of the agent of the associated press at Little Rock, whose partisan dispatches concerning the late troubles in Arkansas, resulting in the overthrow of our legal State government, have been, and are, a series of Bourbon-democratic slanders against the republicans of the State, and are unworthy of belief. 14. That it is our deliberate judgment that the recent violent demonstrations in the south are the direct result of an organized effort to renew and revive, in everything but name, the lost cause of the late confederacy; that while the leaders of the late rebellion 014 647 883 outwardly profess a inendly regard tor the nauuuai guvemuiem and its supporters. tbey secretly hate and despise the same; that the cruel and cowardly assaults upon the colored race by the white Jeague conspirators, are countenanced or encouraged by the leaders of the democratic party of the south, and are but further manifes- tations of the spirit and purpose now prevalent, virtually to restore the "lost cause," to which the democratic party in the south is still ardently and devotedly attached. 15. That the so-called "high-toned" Bourbon democrats or " conservatives," who openly denounce the acts of the " white league " ku-klux in their wholesale outrages and assassinations of both white and colored republicans of the south, for their adher- ence to the principles of the republican party, and their loyalty to the national government, while they are secretly the prime movers and instigators of all such outrages, are deserving of the severest condemnation from the friends of humanity of every nationality and political faith, and they are hereby denounced and branded as relics of the barbarous ages. 16. That the thanks of the republican party of Arkansas are due, and are hereby tendered, to our senators and representatives in congress for their earnest and untiring efforts in behalf of the legal government of the State, displaying, as it did, a commendable devotion to the rights of the people and the principles of republi- can government, and that their action in voting for, and endeavor- ing to secure the passage of a civil-rights bill, meets with our hearty approval. 17. That the action of a portion of the republican press of the north, in re-echoing the false and slanderous cry of " fraud, corruption and thievery " indiscriminately charged upon " carpet- baggers " by the Bourbon-democracy of the south, has invited the grossest acts of violence on the part of unscrupulous rebels, Ku- klux and White Leaguers ; has stimulated the hatred of those classes toward every northern man who settles in the south, regardless of his profession, occupation or station in life ; has caused the assassi- nation by secret organizations of rebellious democrats of many good and loyal men, both black and white, whose only crime was fidelity to republican principles and an unqualified refusal to vote the democratic White League ticket; and we do hereby denounce this action on the part of those who should sustain us in establish- ing loyal governments in the reconstructed States, as criminal in the extreme, and if continued in will soon "wipe out" every loyal white man at the south, return the reins of government to the bands of those who brought on the war, reduce the colored race to a worse condition of servitude than that from which they have just been liberated, and jeopardize the stability of our government Adopted unanimously. S. W. DORSEY, Pres. Convention. W. W. Orrick, Secretary. Conservation Resources Lig-Free® Type I LIBRARY OF CONGRESS 014 647 883 9