The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
OPINION OF SENATOR CMAH-
MERS.
In tha Mat ier of Impeachment Of AIexan.
der h. Davis, L.eutenant-GOvernOr
of the State OfMississiDDi,

by Major Gibbs to Henry Barrentine r.
Iather, that he could procure a pardon IA
ms son. An interview was had betweel
them on this subject and Matthews said h
could obtain the pardon tor $4,000 Barren
tine thought this too much and the matte
, was cropped. Subsequently Barrentfn
procured some affidavits and certificate
tendlng 10 mitigate the killing, and Mat
news having seen these, proposed with tn
ald OF these certificates to get the pardo,
Ior $3.50 Barrentine agreed and furnish.
So tnat amount OF money TO Matthews anC
ne qeposlted IL In his wife's name in thu
pank at columbus. Matthews at once in.
CerVlewed Davis on the subject. aad, as bs
says, asked his assistance to get a pardon
from Governor Ames. If this il true il
strlkes Us as little remarkable. that Mat.
CheWs, VINO, on account of a hotel dlfficuIry
was unfriendiy with Apes shnulo have Dro,
posed TO get pardon from him and nexI
that he should have called upon Davis m
! assist MIN when it was well known that
paws was not on friendly terms with the
| governor. But according TO his statement
| Matthews proposed to Davis to get the par
uon from Governor AmeS for him. Davis
! objected because he had issued the proc
lanatlon Tor arrest and suggested the en-
| ployment of Packer and the payment OF
| money to him for his influence over Gov
erhor Ames But no price was then agreed
| upon: facker tells US that Davis din en-
| pIoy him and promised HIM 5000. but ex-
| actly when that em ploN unent WAS altlloutrh
/
doubt by the testimony. Aud it i again
singular that Governor Ames remem hers
| thaL Davis, the employer, asked him to PR
| don Barrentine, bat does not remember thar
Facker. the employed, ever did. The Gov
ernor left jackson on the 20th If Nav and
while he was passing through Louisiana.
Davis took possession of the office anu is
sued pardon TO Thomas I'll. Barrentine on
lie 2lst OF May, but did no other guberna-
torial t,and with the ink scarcely dry upon
the pardon Went that night to ColuIn bus
aud offered il for sale to Col. Matthews in
lieu OF the one expected from AmeS; and
when its validity was questioned aud paw
ment refused he chaffrred over il like IN d
diar over his wares aud finally promised il
that Was not good To make another that
should be. In the meantime Barrentiue
had became alarmed about the safety OF his
money and compelled Matthews to give II
up This caused delay and necessitated the
sending after Barrentine. Davis became
inpatient and being a little intox Gated
threatened TO ''raire Il luss if this matter
was not prOmP IS settled When Barren
tine came he was dissatisfied with The iIar
don becau it was act from AmpS, buf al
ter consultation with friends and bv tele
graphing finding ont hat Am 5 was prob
ably out OF The state when tile pardon
he dettrm med ITO risk it, aud trust
the negro" b. .'rSk it, he m ant 10 keep
the pardon he had, and BY 'Tru>t the negro
he meant To trust T" Davis promise To get n
pardon from Amcs or make another that
should be uHqn Stionable. Upon this trust
he gave obs i check for Sl.25U auq said
hand tins e. B,V.'' Gibbs TO X the check
late Saturday evening. . Sunday mora
ing he loaned avis 800. Atrrward
he collected the check, apprupria Ell 500
to reimburse himself for what he had
loaned Davis, deposited $500 with
Dowsing to be paid 60 A. q. Pa 'ker
OH the presentation of a pardon fol
Thomas Ill. Barrentine, took duplicate
receipt from DowSin9, reeiting this fact, de-
iiVered one OF these receipts to Davis, and
divided the balance of the money with
Matthews. Davis, according to contract,
issued the new pardon as soon as Amrs left,
in June; went to Columbus with the par
don and receipt, presented them 20 DoWsiug
and demanded the Packer money. which
was paid To him by Dow sing in one hun
dred-doilar bills, as Gibbs had paid them
ia.
The simple question Is: Does this make
out a case OF bribery? bribery Is the re-
ceiving or offering of any undue reWard.by
or to any persun whose business relates to
he administration of public justice, in order
TO influence his behavior i'll office and liz
cline him to act contrary to the known
rules of honesty and integrity Green
leafs Evidence, sec. ~; ArchbOld. 80, 3;
Russell on Grimes, l94.
F-om this Geiuition it will be seen that
an ofiaer may be bribed by other con>id-
eraJions than money, ard that IL Is not es-
sential that the price paid should inure to
the DtcuuiatV benefit OF the party blibed !
it is sufficient ifit be paid 10 another III his
instance and request. 1t is imnateral. |
therefore, In tins case. whether the money !
ar check was paid to Lieuteuaut-GoVernor !
Davis for his nW use and benefit. as alleged |
in the Ist, 81 3 and 4th articles OF Imprach- !
ment OF whether il was PAD for the use |
aud benefit Of a. q. Packer, as alleged III |
he 5Th a. ticie-ii either be true he / guilty |
nj bribery If the pardon WA p0Jd TOT. it Is !
whether the price was five cents |
or five one hundred dollar bills; AMI it Is |
equally immateTihl whether II was pald Tor /
the use OF DAVE or for the Use of some othrr |
person at lis instance and request. a strI- |
king illustration OF this proposition l. 10 be !
tnuf7d in the recently exposed bribery OF |
ibe Secretary of War. We presume no one /
will contenA that lie is any the less guilty |
bprauSe tue money vas paid To his VIE ana !
not to himself. That the case before rs vas /
one of bribery, from its inception to It's |
close is abundantly proved. From the pc
oiuuiuV n!oUey was demanded 10 OBTAIN the
pardon aud the Lieutenant Governor
knew that money was deposited with Mat
thpvs TO nav for it. That the money so de-
,n,s3ttd vas not intended or considered as
Matthew's tee, bnt deposited with him as
corruption fund, to be placed twhere e
W ould do the most go03, is evident rom
All the testimony about this money. When
Rarrentne learned that it had been dhpos-
fed in the name OF Matthews wife, e went
to Matthews ana by threats compelled hIn
to return it. This he would never have
done If he had regarded it as Matthc VS. tee
He spoke Of it as his money, and of the
danger of his losing it in case of Matthews
death; and Matthews also spoke of it as
money, and refused to receive
the second deposit through Gibbs on ac-
count of the difficulty ahn.t ttine first. The
,rcontl deposit with Gibbs was said to be
for the first. aud like il. was in-
ended as a corruption fund, and Gibbs,
a no received and distributed 1t, evidently
20 understood it, for he reimbursed himself
1ut of il what lie had loaned DAVIS, and
when asked WHY lac did it, said, because he
.thouyhtit was the quickest way to get his
money back" The defense relies upon the
act that no direct proposition OF bribery
vas ever made 70 Llentenant-G) vernor
Davis. and that in the outset IL was not con-
= IN plated that the pardon should Dc issued
" him. but by Governor Ames IhIS was
lndoubtedlv Barrentrue's expectation in
he beginning, hut what Davis and Mat
news cont INFLATED Is not 81 clear; and
ltter the first pardon was d. ivered, Btrreu-
inc expected the next from DAVIS, "a shown
~ his remark: Il will trust the negro.
Further. BArrentiue says, after the hr>t
pardon was presented, MatGo"s told him
or the first titGe ot ms hotel difficulty with
Auo.,~ and said "he could not get pardon
IN, INN. but would get it through another
oarty : and that party was evidently Davis.
Matthew's IN the first lnSf ance, went TO
Davis, AND trough Davis objected that he
,ould not have anything to do Win IL, De
.dttSo lie ndU l=Sueu tue l'tPCt"iAAsAOA
rest. he continued to have great deal to 20
vim il and he suggested the name OF PACK
~. and that he should he PAID for his ser
- s'' 5Ihts was the first. and perhaps only
lfect proposition OF bribery shown in the
testimony, aud although eovertly e1 . s;
- ,ar6ans AS well understood at the time
" he declaration of bankers who have no
money ne to lend at legal interest, but always
nou' IF son,e friend who can spare little
usprious rates II Davis really mf paekt to
gu mp 'pipi oard Of his employment until after
never uS".u lo., In hen issued, and that