New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-08
FLORIDA.
THE IMPEACHMENT OF GOV , TEEPoTIHio COW W
rHE SUPREME COURT JUDGES-IhA
FRNOR SUSTAINED.

Tn
s,nrome Court. who. by the new constitu'icll' 80
,ado legal advisers of the Executive, have gu
60 Peed their opinion upon the Legality o. 'n' -,
ahu,o,t nroceedings Each OF the Jus'V0
a. bis oninion in writing, and. taken 'osO',N-
views Of the Court make an exhaustive az -
ipd,cial decision Justice Westco.' 20 Wv
Spnreme Judge. He is the son OF INC ca ~
lanes d. Westcott, and is cohsiueiou io- 10
,o of the ablest lawyers when lIiis ota'o nus Pr
1rood He took an unhestatlhg posl1oh o'iiS "
tho controversy in Congress on the hecoh''i
,,ol;cv AGAINST the experiment Oh Ahuie" 'O"--
po.s ga ga. alone among all the ex-Rebel lawyers
-. This state capital in aiming both the cons'lu
'I ;cbt and inst policy of Congress TO prescribe
& terms and control the question OF kecohsIIu
Ills opinion Is the most important anu ~ ems
those rendered by the Supreme judges IL tribnnaI
tho established proposition thaU Juul Ia d;s"re
cannot review or control purely lcEi I,';,',, the
yiOn and makes abundant utatlVue II-;n,,s sim
length To which Courts IN STATES Ia hi Im5 cory
or rrovisiops in their laws requiring inc 'uuiOl'I
80 give its legal advice 20 the ENeculINS, n.y.
and refers TO Greencat Reports III n"oooO. s The
and 10 the Maine aud NcW-hailpshHe Vtso9' ~ -
5ecisons All intimate that the opinion OF inc CoulI
Yuterpretinp a clause in the CONSTITUTION ~ ~ -;
manner of EXERCISING power vested eNciusi' u3 "a
st - q law 10 the Senate itself IN ITS actloh'
Tudpp Westcott concludes that the C0uI I, ~ e.
-uE 80, on Questions submitted by the Executive,
80 far as the act of giving such OPINION eoes ~
tallisb the rule The opinion required mIst
on given state of facts, first an lhteIPI! Va
mart of the COlStltuIlOn or stCVIiU Ni'Ii
p0nt of law. The Executive only anu 10 V' ~
tfoer can require the opinion OF the CONT ana lh
Court shall render ii, according 10 the P3NIslon %
fine Constitution. This involves the OHlcI'l ioVVsi5
tinn of the Executive 70 refuse the opinion Nollu
be refusal TO recognize the legal status on wv W.
ecutive. To give j. Is an act OF recoShlVi' VS.
ott holds also that tie facts stated ny the LNecu-
five i'm his communication must be accepted as true
(prma facie) and the points Of law aISI!g, tSSS, t
upon III that view. no case j. DeIole ~ ti0n
IN the exercise Of as original tnilsulC Ion.
and no evidence can be introduced. lie s3sl'Ihs
,thc uncontroverted tact that the Assembly hau a
quorum at the recent extra session. Lob less tud 80
l.ing rreSeut duriu the session ana not more lhdh
40 The whole number ui seats PROVIDED ny ne "h-
+itutioro anDor lOumtut is 50, but he holds tha the
senate had no quorum during the session Inc
largest number at any time present was i; whole
number Of seats entitled, - Inc flgJ OF loE uI Iuy
twelve is questioned ON tie ground that they had
previously accepted Offices ncompa'iule WIN t i
Legislative functions. Each was free 10 EJECT WhlCn
Office he wOuld choo~e-I0 RETAIN tue IeeSla.iNo VI
accept the other office Inc acceptance is te cTiTe'
lie thereby legally Vares the other even thOl2h ne
does not formally IN. VIDE NeW-lOrk MaSSa,
chusetts Rhode Island. Maine, ana Arkansas cases.l
lie declares that 10 Senate was convened, ana that
10 was NOT quorum. Therefore, no Legislature con-
vened in extra session NlthTeerence 10 the lnooed
points in support OF the various Opinions OF Whal
CONSTITUTES quorum. WestCOtt makes lengthy and
pertinent citations from the legislative pracuce Oh
many States and of Congress- but be MAINTAINS that
such practice is not legal authority nor safe
criterion The decision OF the House OF Representa-
fyes of the XXXNIlth Congress was incorrect
ruling because the word chosen IN the connection
in winch IL was used has reference 70 the time OF
election and based on state OF facts then eX-
listing the United States which does not exist III
fhe Senatorial Districts of Florida There Is no
word chosen used III the Constitution OF Florida
except to fix the duration OF the senatorial term,
and when Senatorial District has failed TO elect
Senator when an opportunity has been Afforded
Uhe word chosen" is used solely IN our COnstitu-
fOn in reference TO the term OF office and date OF
election A majority Of all the members that may
sbe elected including casual vacancies Constitutes
quorum. Wide. Supreme CT Dec. OF Illinois Green-
leafs Mass. ReD.1 The meaning OF the word House
ar.fnp tlNaWn l1gh
quay be composed and constitutional quorum must
doe a majority of that number. These are the main
points of Justice WestCOtts elaborate opinion.
Justice Hart, an old, sedate and quiet man, OF
sound parts-a Southern loyast and refugee
briefly sustains the opinion of has associate ana re-
lers specially to that construction OF law III regard 10
a. quorum which would allow of majority OF mem
t.rs present, or counting out vacant seats 10 cohS
Huto a quorum leading TO an abSurdlty, because
three seven might IL such case, legally act lOf
The opinion of Chief Justice Randall is devoted in
particular to the examination OF the impeachment
proceedings. Randall is brother OF the postmaster
General. and Northern mantle only one on the
Supreme Bench He formerly resided IN Wisconsin,
sind aTterward engaged In successful practice IN
New-Orleans Gov. Reed induced him TO come TO
florida and made Inn an an associate late On tn as
Tic United States Court at Key West, was
offered the position Of ChefJustice Declining to ac-
tept Randall was appointed, ana has gwen unlNer-
sal accrptance as able and honest III law and Judge
of high personal integrity. The Chlet-Jusuce also
uuquaiiiiedly sustains the opinion OF Justice west
colt and holds that the impeachment Is not simply
fbe adoption of resolution declaring that parry
Toe impeached but that ills the actual anouncenent
aud declaration of impeachment By the HOUSethrOugh
az cOmmee-at the bar Of TIE SenGe-and 70 me senate
lie cites Blackstone, Halls Pleas OF the CToWh,
Gawc's Constitution. Macaulay on Warren Hastings,
150uVer's Law Diet, Judge ChaSe Impeachment ih
tS8 and Peck in 1926 and Andrew JOhn-
son in 1868 also the fact that the colhmlt
Tee of the Assembly presented itself TO the Senate IN
5he recent proceedings 10 impeach Gov. Reed lie
lolls that Impeachment Is lkened TO an Indictment
D., common law. and not elective uhtll presented I"
the Court III actual open ana le9al session, anu re-
<eivrd and filed therein lie reviews Succhctly the
points of a quorum. maintained by Westcott and
q recs with that Justice. ..
I nave thus given full syllabus Of the opinions
rendered by the Supreme Court In reply to the re-
1ulst of G. Ov Reed, because OF It's importance not
,nerely as affecting the Impeachment proceedings,
iut b, reason of its general interest as ahOfdlhg
~auable precedent for any future Parliamentary con-
f0ryersicS. The three opinions OF the supreme
Judges are in fact, merged into single Ohion pc
cause of the unanimous agreement OF Ihe Couft on
che pnints made and it is conceded TO nave lnc lorce
of judicial decision. Ii puts at rest inc lTesolue
controversy waged here Tor SIX weeks PasG WIN ts
conventional claims of Leut-Gov. Gleason as act
5np Governor on the grounds OF Reeds suspension
ADD gives 20 Gov Reed quiet title, at least until
Ja,uarv The ACKNOWLEDGEMENTS - not disposed
20 contest the legal competency OF the Supreme
Judges to take jurisdiction OF the SUBJECT and WINE
diflliug widely on of the grounds Of the decl-
sion has declared his cheerful acquiescence In their
iudpinent Not only the impeachment proceedings,
hut all acts and dOngs Of the recent Legislature are
Fins LET aside because of no quorum in the Senate.
The ouO tcdrTdntO against Lieut-Goy. Gleason is
now understood TO have been personal attack by
Gov Reed on Gleason, and while II has been Thought
that a decision on the legality OF impeachment
NCould probably quiet the quo CGrTditO proceeding
against the IT Is now strongly
apparent that the result of the present hearing may
really Dust Gleason from the Office. Col H. Bisbee,
IT, of jacksonville formerly Colonel OF Name
Teglment ana laTyer o. aO " PpoTisona Gov
eruOr are counsel for Leut.-GOy. Gleason. Inc III
eligibility of Gleason is charged-that ne had not