The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-03-05

z. DAVIS
Lieut.. Governor of Mississippi.
OFFICIAL.
FIFTH DAY.
SENATE CHAMBER, March 3, 1876.

At 1917 O'Clock A. NJ, the presiding officer, |
Hon. j. III. Stone, President pro tenn, an I
nounced The legislative and executive bu- |
siness of the Senate will now be suspended, /
and the Senate WILL as Court of Impeach |
ment, resume the consideration of the mat
ter of the impeachment of Alexander X. |
Davis, Lieutenant Governor of the State OF
Mississippi.
The President pro tempore declared the
Court of impeachment organized and open,
and ready to proceed with the trial of the
impeachment of Alexander X. Davis, Lieu
tenant Governor of Mississippi
The Managers of the impeachment, on the
part of the House, were announced, and in
vited to seats provided for them Accord
inolv. Messrs. Managers White. Powell,
Clifton, Lester and Barksdale, entered the
bar of the Senate and took the seats assign
ed them therein.
Messrs j. S. Morris, w. L. Fitz9 erald and
w. r. Spears, of counsel for the respondent
appeared in their seats, and within the bar
of the Senate.
The Journal of the last day of the trial,
Saturday, February Goth, 1876, was read
and approved.
Mr.. Hooker not having previously been
sworn in the Court of impeachment, Messrs.
Graham and futile were appointed select
committee to procure the attendance OF one
of the Justices of the Supreme Court to sd
minister the oath required by the rules to
/ Mr.. Hooker.
| Soon thereafter, Mr.. Justice Tarbell Asso-
/ ciate Justice of the Supreme Court OF Mis-
sissippi, entered the bar of the Senate, es
corted by said committee.
Mr.. Justice Tarbell then administered the
oath to Mr.. Hooker in the following words:
Il solemnly swear that in all things APP
pertaining to the trial OF the impeachment
of Alexander X. Davis, now pending, will
do Justice according to law and evidence:
i So help me God"
Mr.. Morris. Of counsel for respondent
objected to the present organization of the
Senate IS a Court of impeachment, claiming
that it is not organized in accordance with
the Constitution and Rules; that respondent
being impeached for acts alleged to have
been done while he was acting Governor of
the State, therefore the Chief Justice of the
Supreme Court of this State should preside
in the trial Of said Impeachment.
The President pro tenlpOTe: Il will submit
to the Senate the question. Is it the sense
of the Senate that the present organization
of the Senate as Court of Impeachment,
is in accordance with the Constitution of
the State, and with the rules of the Senate
adopted for the government of trials of inn
Deachment?"
The question propoun1ed was decided in
the affirmative by the following vote
1EAs-Messrs. Albright, Barry, Callicott,
Carter, Catchings. Chalmers, Everett, Few
ell, FITZGERALD, Footc, FurlOng, Graham,
Gray, Griffin, Hooker, Johnston, McCaskill,
ham, Pratt, Reynolds, Sims, Smith, Stew
art, Stone, Taylor, Terry, Thompson, futile,
Whte-33.
NAYs-Mr. Shirley-1.
ABSENT AND NOT VOTING -Messrs. Allen,
= Mcclure, ThorntOn-3.
BY Mr.. Reynolds: Ordered, That Alfred
w. COckert0n, employed by the Senate to
record the proceedings in the impeachment
trial, take the following oath to-wit: [ SOL
emily 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, and
= the following list of witnesses was then
called:
! L. Crusan, L. P, Haaf, Jas. B, Bell, 2. II
Delaney, NJ. l.. Howard, Jerry DowSing
f. p. Richards, Wiley Johnson, w. E. Gibbs
e j. NJ. Brickle, B. G Hendricks, j. T Harri-
: son, Jr, j. NJ. Benoit, Henry Barrentine, c.
A. Johnston, Robt. L. Williams, w. w
= Humphries, Sam. NJ. Meek, Henry Thomas
{ Col. 3. Matthews, r. NJ. Burton, VIM. Cody
Sr., +. NJ Cook, a. p Jourdon, j. Z. Rich
e ardson.
= On calling over the roll of witnesses, il
was found that number OF them were alb
sent Hon. f. S White as chairman of the
: House Committee on impeachment, move
> that the witnesses who were present should
have the oath administered by the Secleta-
ry OF the Senate.
Z The motion was put and adopted, and the
: oath was duly administered bv Mr.. d. p
Porter, Secretary of the Senate.
G The counsel for the prosecution then call
ed for 7. ii. Delaney, as first witness.
Alr. j. s. Morris, as counsel for the -
spondent, here rose to u point of order anC
n objected to the case being conducted end el
the present organization of the Court Ht
l. stated that whilst he had no objection to the
n gentleman who occupied the chair, still
there was some doubt as to whether under
/ the Constitution, the Court, as how organ
t lied, is valid organization for the purpose
OF trying the ACKNOWLEDGEMENTS of The
e State: and objected, that under the rules
q the Court was certainly not properly organ.
= lied for the trial of that officer.
n Mr.. BarkSdale, as counsel for the prosecu.
a ton, replied, that he thought it very mani
. fest that the inquiry of the learned counse
e was merely suggestion thrown out By
him, and was without foundation under TIA,
. law, and maintained that the Senate wa
II properly organized for the the trial Of tht
- Lieutenant Governor, acting Governor. I'M
y der the articles of impeachment: and calleC
II the attention of the Senate to article 5th o
the Constitution, and read That whe1eye
> the office of Governor shall become yacan
: by death, resignation or otherwise tn,
Lieutenant- Governor shall possess the now
l. ers, and discharge the duties of said office
and receive the same com pensation as thu
Governor during the remainder of the saic
term
l. 1t will be observed that this article Of tn,
r. Constitution makes provision for the per
: manent vacation of the Office of the GOV
e. ernor. The next one makes provision foI
:, the temporary vacancy:
THAT whenever the Governor shall b.
Q absent from the State, or unable from pro
1 tracted illness. to perform the duties of saiC