The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-03-24
Governor Ames' Response.

seen, is In the usual form 0I Tie crlInindl
arraiened for trial not guilty" And
vet his answer to sundry Of the most Sc
rious charges amounts to confession OF
guilt. He does not deny having sought
the interview with the Chief Justice,
which was scornfully terminated by the
latter. in reference to his sons decision
in case pending before him; and not
w;tbstandinp the Constitution defines the
method by which Judge shall be
removed from office, and nowhere
confers the power on the Executive,
he admits that he removed the younger
Pevton, and that he did so IN conse-
ouence of his rulings, saying; +" lie (the
respondenD further AYERS that ne abstain
ed from sending in the name of SAID w.
b. Peyton to the Senate, . x ! 4 because
the Acknowledgement of the State OF
Mississippi and w. w. Dedrick, who APP
peared for the University, reported to
this respondent, that the said Peyton
had refused to place has ruIingS IN the case m
such shape vpon the record as oco''td enable
the State to carry the case upon appeal to the
ISupreme Court, and had also treated them
both Uih such indignity from the Bench,
while they were conducting the cause, as
rendered it impossible for them to dis
charge their duty to the State and the
University"
If it is hereafter to be the supreme law
that Judge is liable to be removed "be-
cause" his "rulings" do not suit the eX-
ecutiye. or ''because" his manner is not
acceptable to counsel on one side or the
other, what is to become of the boosted
feature of our Constitution, that the three
departments of the State government
shall each be Independent Of the other?
Again, as to the removal OF Chancellor
brennan. Here is the milk in the
cocoanut. Says the Governor: "And,
tlor further answer to said twelfth Art
Gle, this respondent says, that he believed,
at the time, and still does believe, that
the said w. A. brennan aoGs incompetent
to discharge thedoties of the office Of Chan
celior, with profit to the State, and that
he had acted arbitrarily and illegally IN the
case of Morgan, set forth in said Article
twelfth"
If this be the rule, and Ames is justi-
fled by an acquttal, it is only necessary
hereafter for the idea to enter into the
executive mind that judge is ''lncom-
petent," and thaahe has acted ''arbitra-
riy and illegally" in refusing to admit to
bail parties accused of atrociOus crime, to
secure his speedy expulsion.
His approval of the penitentiary con-
tract by which large sums were diverted
from the State Treasury to the pockets
of partisan favorites, is confessed with
explanation wholly insufficient and I'M
tenable. The act is suffi Gent ground
for condemnation, and the motive to de-
fraud the State for individual benefit is
the Only lOSlCdl luIeIehCF.
The accusation of having instigated
violence and lawless proceeding at Nicks-
burg, leading to bloodshed, is denied,
but in such manner as to leave no doubt
of guilt even if the proof were not posi-
tive. He admits the use of the incendiary
language attributed to him about the
blood of the negroes, but says it was not
done with evil or wicked intent. Of
course not, but the intent is to be judged
by the words and the consequences which
they produced.
Finally, after much more of the same
sort of special pleading, reluctant admis-
sion and feeble explanations, the respond
ent concludes that none of the acts al
legged against him are such offences as have
been defined by the Constitution and laws
of Mississippi to be ''high crimes and mis-
demeanors" and punishable as such.
Now to this plea, Manager B. F. Butler,
in the trial of President johnson, made
a complete and irrefutable answer. He
said:
The House of Representatives shall solely
1mpeach; the Senate only shall try, and in
case OF conviction, the judgment shall alone
be removal from office, and disqualified
ton for office, or both. These mandatory
provisions became necessary, to adapt
well-known procedure of the mother coan- !
try TO the institutions of the then infant re-
public. But a single incident onlg OF The
business acds teft to constructions and thar con-
Germs the offences and incapaeities ,shich are
me ground cork Of impeachment This was
wisely done, because human foresight is IN |
adequate, and human intellect fails. in the
task OF anticipating and providing for, by |