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The Arkansas Muddle

The Arkansas Muddle image
Parent Issue
Day
22
Month
May
Year
1874
Copyright
Public Domain
OCR Text

The Arkunsas farce, or muddie, or shaine, or whatever it may properly be ;ermed, has been added to by the so-callpd decisión of the Supreme court. Treatmg the thing as a farce, thig latest judicial deyelopment is the most ludicrous thing of all. Eegarding the whole thing as a disgrace, the acticn of the supreme udiciary is more contemptible and unworthy than uny thing which had bef ore occurred. In analyzing this judicial action, it is 'ound that the bench was not a full one - one of the judges being absent. This, lowever, is not very important, as there is a doubt on this point, it being olaimed ;hat three judges constitute a quorum ; and, in this case, four judges have united in rendering a decisión. It may, at least, oe claimed that, in deciding so important a matter, the dignity of the decisión would have been added to by the action of a full bench. The next point that strikes one is that the supreme court, in affirining the election of Brooks, has reversed one of its own decisions in a case having reference to the same claimants. In October, the same court decided, on the subject of the election between Baxter and Brooks, that, under the constitution, the " question as to whether a person exercising the office ' of governor has been duly eleoted, is ve&t' ed exeliinvely in the general assenibly of ' the state ; and neither this nor any other 'state court has jurisdiction to try a suit ' in relation to such contest, be the mode ' or form what it may." And yet, in face of its own solemn decisión given within a year, this court has just decided that the circuit court - the one which ousted Baxter " has jurisdiction of the subject inat' ter, and its judgment appears to be reg'ular and valid." Anyvhing involving more stultiñcation, perjury, and downright rascality than the action of this court is not on record outside the narrations of the Newgate Calendar. The action of this body, and the events which, in other directiöns, have preceded, or which accompany it, are a most stiiking comment upon the reconstruction policy of the republican party. Like that party, the politics and eourts of Arkansas are rotten to the very core. It is now said that the legislature which is coming +ogether will refer the whole matter to the people. It is not certain that both the claimants would accept thia conclusión. Eaeh claims that he now has sufficient grounds for considering hiuiself the rightful governor, and neither may be disposed to reiinquish what he regsrds as a certainty for what is in the nature of an uncertainty. The people are undoubtedly the sourco of all authority; und henoe, the refereuce to them of the disputo would be an emi nently proper disposition to make of the whole matter. But then, an election in Arkansas would prove as great a farce as the supremo oourt's decisión. ïhere is not only no guarantee, but tliere is absolutely no rtason to believe, that the people would be allowed to decide the dase. Judging the future by the past, it is certain that the returns would be made, not so as to express the wishes of the people, but for the purposo of sustaining the cliiims of whichever candidate should have control of the boards to whotn the returns would bo subiöitted. Could the wishes of the people be fairly expresaod, the result would be tht Baxter would be sustained by all the tux-payers, and the native white element ; while BrookB would recoive the support of the negroes, the carppt-baggers, and the scalawag element. In case of a fair election, there is no doubt that Baxter would receive a large majority both in numbers and in decency. Under a federal administration of averago competency and honesty, it would be vastly better tor Arkansas to throw up its state government and com menee life again as a territory. Inasmuch, however, as it ia the fault of this imbecile and dishonest administration that the present condition of thiiigs prevails in Arkansas, there would be no reason to hope for any improvement by reinandiug Arkansas to a territorial condition.-

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Subjects
Old News
Michigan Argus