The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-29
GOVERNOR AMEs. REspo~.E

neu Tor triaI-'' not guilty" An.
yer ms answer to sundry of the most e.
rlous charges amounts to q oon4o..;..
guilt. He does not deny having son,,h
the interview with the Chief Justice
winch was scornfully terminated nv n,
latter, III reference to his sons dac;sio,
IN case pending before him; and nor
wlthstanding the Constitution defines n,
method by which Judge shall h.
removed from office, and nowbar.
confers the power on the Executive
he admits that he removed the vonnoa,
Feyton, and that he did so in consA
quence OF his rulings, saying: "He (tbe
respondenD further AYERS that he abstain.
ed from sending in the name of said w
b. Peyton to the Senate, \ x :; :; because
the Acknowledgement of the State OF
Mississippi and w. W. Dedrick, who ap-
peared for the University, reported to
this respondent, that the said Pevton
had refused to place his rulings IN the case Il,
such shape upon the record as auouM enable
the State to carry the case upon appeal to the
| Supreme Court, and had also treateI then,
both a0ith such iadignity 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 1t is hereafter to be the supreme law
that Judge is liable to be removed "be-
cause" his rulings do not suit the ex-
ecutive, 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
tcocoanut. Says the Governor: "And,
for further answer to said twelfth Arti-
Gle, this respondent says, that he believed,
at the time, and still does believe, that
the said w. a. brennan qOas incompetent
to discharge thed1tties of the office Of Chan
ceJior, with profit to the State, and that
he had acted arbitrarily and illegally IN the
case of Morgan, set forth III said Article
twelfth"
If this be the rule, and Ames is iusti-
fed by an acquittai, it is only necessary
hereafter for the idea to enter into the
executive mind that a judge is ''incom-
petent," and that he has acted 'arbitra-
rily 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 cient ground
for condemnation, and the motive to de-
fraud the State for individual benefit is
the only logical inference.
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 adms-
sion and feeble explanations, the respond
emf concludes that none of the acts al
leped 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
complete and irrefutable answer. He
said:
The House of Representatives. shall solely
impeach; the Senate only shall try, ana IN
case of conviction, the judgment shall alone
ba removal from office, and disqualified
| tion for office. or both. These mandatory
provisions became necessary, to ADAPT Il
! well-known procedure of the mother couh-
| tr,, 70 the institutions of the then infant re-
! nublic. Bat single incident only 4" Me
business ,cds zeTt TO construction, ana hoS con-
! Germs the Offences and iHcdpdcitteS a0htch are
The around teorI Of impeachment. ms was
wisely done. because human foresight Is IN
adeouate. and human intellect fails. IN tn
task of anticipating and providing lor' oS
,ositive enactment, all the Infinite grada-
lions Of human wrong and sin. by whicf
the liberties of people and the safety OF
marion may ne endaH gered from the imoe-
o;ri.v. corruption and unhallowed am oltion
of its rulers.
In other words, the causes for the aP
nlication of the remedy of Impeachment
and removal were purposely not Defined
bnt were left to the discretion OF tn
Legislature, whose members are resPon
sibIe TO their consciences and the people
for the wise and patriotic use OF the po"e
with which they are invested.
AGAIN. Manager Butler, addressing
the Senate. said 81 pray leave to la.
{. before YOU a brief of all the prece
{. dents and authorities on this suRlec
I q of remedy by impeachment for whlc
~ am indebted to the exhaustive an
learned labors of the Hon. Wllliar
uI.awrepce, of Ohio, member OF tn
Judiciary Committee ofthe House. ETC.
ain ,chich l fully concur, and 'oh'ch
:. o5onto From the brief thu
S ooo,,ourrad in b