The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-08

Mr.. MOTIFS. oil COuHSCA ~. 81,
objected 70 the present orgahiNHlOIi S y.
senate IS =, Court of Impeachment, cIaliil'n
rhar il is not organized in accoFoahCe 49,
he Constitution and Rules; thar respohuene
oeing peached for acts aIegeu 100 W 80 81
heen done while lac was acting 6"VeIhVt -
the State. therefore the Chief justice Oh W
supreme Court OF this State should pressure
in the trial of said impeachment.
Mr. Bark dale, rs cOunsel Tor the Piosei
ION replied that he thought 1t very mani,
f'e, ,1hof fhe inouirv of the learned counsel
Gas merely a suggestion thrown OtI -
him and was without foundation uhueI W
law. and maintained that the SENATE W." NJ
properly organized for the Inc trlaI VI ~
lieutenant Governor, acting GOVernOI, w
der the articles of Impeachment; ana cahcu
the attention of the Senate to article oVu o.
the Constitution, and read "Ihat WhenesS,
the office of Governor shall become V"ca Az
nv death. resignation. or otheT"lse, VIZ
Iieutenant-G Governor shall possess the pow
ers, and discharge the duties oil salu oIiiIe'
and receive the same compensation as IuS
Governor during the remainder oil the salu
term" 80
II will be observed that this article OF the
Constitution makes provision LOT the -
manent vacation OF the once OF tue ~ ~,
ernor. The next one makes provision 'Oi
the temporary vacancy -, -
~That whenever the Governor snail DC
| absent from the State, or unaDle from Pr
| tracted illness. to perform the duties OF snlu
office the Lieutenant Governor shall us
charge the duties of said office ana receive
said COMPENSATION, until the governor sl'i :,
be able to resume the duties OF MS ONCE
| The first clause provides for permanent
| vacancy and the second clause provides lot
| a temporary one, and specially omlts tue
word "pOwers."
In the present case it will be borne IN
mind that every article preferred against
the Leutenant-GOvcrnor alleges thaI hc
was performing the duties of Governor
whilst the lawful Governor was absent from
the State, and such devolution upon MN Oh
such "A power creates no necessity eII"eI
under the Constitution or law, or under me
rule adop.ed by the Senate for the Chiel
Justice OF the State to preside i'm trial OF
the Licutenant-GOvernor OF the state lot
an Improbable offence. committed whist
performing and whilst in the discharge OF
the duties of the Governor.
Mr.. Morris replied, that the distinction
between the duties of the Lieutenant Gov
ernor, which the learned counsel had Just
tried To make clear, was no dlsuhcIloh
whatever, because it is manifestly impossi-
BILE to perform the duties of an Office unless
a man have the power.
Now, the interest which the presiding
officer would have here is very large, as it Is
only two steps from the position lac holds to
the Gubernatorial chair; and If interest
disqualify, why, then, disqualification Is
here. am not a stickler for this rule, ana
l appeal to the Judgment of the Senate IN
this decision.
4Ht &c LuGHL pro ttHtDOfcs 4 W III S'''AAAN
20 the Senate the question. Is it the sense
of the Senate that the present organiz ton
of the Senate Us "A Court OF ImpeachmeHJ'
is in accordance with the Constitution OF
the State, and with the rules of the Senate
adOp'ed tor the government OF trials OF I'M
parchment? 2"
The question Dropoun,led was decided i'm
tn affirmative by the iollowiI Q vote:
HEAs-Messrs. Albright, Barry, CalicOtt,
Garter. CaIchings, Chalmers. Everett, Few
IL .l...u..
GRAY, Griffin, Hooker, Johnston. McCHskil,
Mcneil. Mendenhall. Mers, Morgan. Old
ham. Pratt. Reynolds, Sims, smith. Stew
art Stone. Taylor, Terry, Thompson, futile,
White So
NAYs-Mr. Shlrlev-l.
ABSENT AND NOT VoTING-Messrs. Allen,
Mcclure, Thornton-3.
Mr.. Barksdale then suggested that the
President of the Senate instruct the Ser
geant- at Arms to remove the witnesses to
some room where their comfort and conve-
nience will be consulted, and where no one
will hear another testifying; and the Ser
geant- at Arms, on instruction from the
President, removed the witnesses.
Senator Eoote moved that Mr. Richards,
one of the witnesses, be allowed to remain
in the Senate Chamber. and to be excused
from the rules. as he knew nothing materi- |
al about this case, and no objection being |
raised the motion was sustained.
Messrs. Meek and Matthews were also re- !
lieved from the rule.
By Mr.. Reynolds; Ordered, That Alfred
w. C0ckerton, employed ~ the senate to
record the proceedings in the impeachment
trlal, take the following oath to-wit: / sol !
eInhIv swear that will perform my duties |
as Stenographic Reporter faithfully and i'm
partially, and will, to the best of my ability |
make an accurate and truthful record of the |
proceedings in this trial, and of the evil |
dence OF the several witnesses introduced |
by the respective parties.
Which order was adopted.
Mr.. Alfred W. Cockerton. reporter of the
proceedings of this trial, thereupon came
forward and took the oath prescribed in the
aforesaid order.
Mr.. Manager White asked to have the
witnesses for the prosecution called, and
the Sergeant at Arms was instructed To |
bring them into the Senate Chamber, aud
the following list OF witnesses was then
called:
l.. Crusan, l.. p. Haaf, las b. Bell. p. II.
Delaney NJ, l.. Howard, Jerry Dowsing
r. +, Richards, Wiley Johnson, w. f. Gibbs,
j. NJ. hrickle, b. G. Hendricks. j. L. Harri-
son, Jr, j. NJ. Benoit, Henry Barrentine, G.
A. Johnston, Robt. L. Williams, w. w
Humphries, Sam. NJ. Meek. Henry Thomas,
Col. b. Matthews, Il. NJ. Burton, VIM. Cody.
ST.: II. NJ Cook, y. Z Jourdon, }. T. Rich
ardson.
On calling over the roll Of witnesses, it
was found that number of them were alb
sent Hon. +. S White, as chairman of the
liouse committee on impeachment, move
That the witnesses who were present should
nave the oath administered by the Secreta-
~ OF the Senate.
The motion was put and adopted and the
path was duly administered by Mr.. ID. p.
Porter Secretary of the Senate.
The counsel for the prosecution then call !
ed for L. III. Delaney, as first witness.
The Secretary, Mr.. ID L. Porter. next
proceeded to call the wi.aasses for the
respondent. !
none - tho witnesses replying to the roll :
;ali. the Secretary informed the Senate that I
III the processes had been properly execut- {
~, WIN the exception of Mr.. Packer aud
Mr.. b: g. Hendricks, both witnesses for
he defense. i''
Mr. Manager White asked that Uhe scr f
geant- at Arms should call Capt. Benoit. a
witness Tor the prosecution, who was called [
md duly sworn.
Mr. Manager White stated that there
we're three other witnesses vet to be sworn
-UoVerhor Ames, ibis private Secretary, and
hother officer for the prplec Atian. r
Mr.. Morris koGe Announced that Mr. v
SfNet was now In Court, and was duly
worn. "9 ""i9 .
Mr.: Manager Barksdale then proceeded I
oher in evidence and submitted to the &
ouhsei pardon by the respQndant, and 5
etaa Cnat either the Managers or the Sec
eM11ry ~ INC Aea"te read this pardon.
~ objection being raised, the loIInvino
afdOn was read NiS
4
EXECUTIVE OFFICE,
JACKSON, MISSISSIPPI |
% Sne Sheriff Of Loecndes County-Greetio,.
= .L hEdREAs. at the November Term. 1874. .