The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-06-27
Tho Judicial Rebellion in Miss0uri-A
History OF tho Affair.
From the Cincinnati Commercial, u


The late State Convention in Missouri adopted ordi-
vacatng the offices OF all the judges clerks &c.
of filling the vacancies by appointment The object OF
this ordinance to rid the civil government OF mass
Of dsoyal incumbcnts most OF whom had been guilty
of direct participation in the rebellion aided and abe
ted by their sympathy and oc al support They stood
in the way of efficient civil organization well affected
toward the State and federal authorities and the Ord
received the sanction Of tho loyal people Of the
State, because 1t provided remedy for an evil which
they saw no other way OF immsd atey roo,hg out IL
of opposition, raised by those whose official decapita
ton threatened and its fury was intensified by the
clamor Of their personal and political friends.
Governor Fletcher, however, proceeded to act upon III
but 40 far learn, with great discretion and
those Of the inferior courts and drew upon himself the
Of Of his best friends who thought he was
not sufficiently exactns In dealing with some omcias
whose antecedents not such would stand very
rigid scrutiny touching their fidelity to the cause OF the
Union.
The most Objectionable persons holding office the
Judges OF the Supreme Court Barton Bates OF the
Hon Edward Bates; W. v. N Bay and John s. Dryden.
Judge Bates resigned about tho time the ordinance
passed, and the Governor appointed David Wagner
and Walter L. IOvelace to the places OF Messrs
Bay and Dryden leaving the vacancy occasoned
by the resignation OF Judge Bates TO be filled
II was rumored, some days ago, that the lat
gentlemen intended resist the action Of the Gov
for the meeting Of the court in ST. Louis there was
siderable curiosity to learn what would be the result
The Clerk OF the Court and the other minor officials were
present when the old Judges appeared and took their
scat the Clerk however carrying the key OF his office
his pocket and the janitor absenting himself TO be
ont OF the way when the crisis should arrive case
then taken up and the hearing In progress, when
the Governors appoinees entered and informed the old
Judges that they ready to take their seats but the
incumbents refused 10 give way. Thereupon Judges
Wagner and Loveacc retired TO the Council chamber,
pointed temporary Clerk and issued order directing
him copy Of 1t the old Clerk and demanded
of him the papers, books and records Of the court This
DONE but tho Clerk refused 70 give up the docu-
monts
SUBSEQUENT PROCEEDINGS.
From the Missouri Republican, June Is
Shortly after ten O'Clock yesterday General d. O. Cole
man. of the enrolled militia, appeared in the Supreme
Court during tho session Of the Court Judges Bay and
DRYDEN being the bench To each OF these Judges he
presented by order OF Governor Thomas e. Fletcher
copy Of the following letter.
Executive DEPARTMENT Mo. June Is 1865
Sp-By the ordinance OF the State Convention vacainG
Offices of the Judges Of the supreme Cou
the LIST day Of May last BY virtue Of tn.
authority conferred by that ordinance Governor OF
sued in legal form TO Hon. David Wagner Hon Walter
Lovesce Hon. Nathaniel Holiness a. Judges OF the su
p'cme Court, and who have qualified az such Judges
The ordinance referred is the law on that sub
ec and Is my imperative duty 70 enforce H. which duty
herance intrde into and usurp the
powers Of the ONCE Of aJudss o. the supreme Court he
Governor Of Missouri.
Neither Judge Bay nor Judge Dryden yielding obcdi
ence 10 this order General Coleman withdrew and In TIKI
course of half hour more returned with polict
Governor Fletcher to the judges and the letter Of ns1o
ton given by him TO the General for his guidance nt
premises Judges Bay and Dryden refused also regog
nze the authority Of this order and again protested
against any interruption Of themselves their busnes
at the hands OF General Coleman The police werothci
introduced the Judges taken from their seats by the
police by whom they escorted PRISONERS the
| Once Of Recorder Wolfe.