The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-11-27
THE STEPS IN A TRIAL
AS SHOWN IN THE FAMOUS CASE
OF w. w. HOLDEN.
A SOLEMN AND CsREMoNloUs AFFAIR
The House Appoints Board Of Managers to
Conduct the Case ard no Other Mem
bers Officially Present Save When
Senate Takes Final Voc.

The constitution of North Carolina
provides for impeachments and vests the
power necessary for that purpose III a
regular court. Although we are not apt
to think of it in that sense, the State
Senate is regularly constituted court
whose jurisdiction is, however, confined
to impeachments.
Thus the Constitution, Article ",
provides:
Sec. .. The judicial power of the
State shall be vested in a court for the
trial of Impeachments, a Supreme Court,
Superior Court. Courts of Justices OF the
Peace and such other courts inferior 10
the Supreme Court as may be establish
ed by law. - J.;
Sec. 3. The court for the trla OF I'M
peachments shall be the Senate a ma
iority of the members shall be necessary
to a quorum, and the Judgment shali not
extend beyond removal from, ana uis-
qualification to hold office IN, TINS oiate'
but the party shall be liable 70 lndlct-
ment and punishment according 10 raw
Section 4. The House of Representa-
tiyes solely shall have the power or I'M
peaching. No person shall be convicted
without the concurrence of two thirds
of the Senators present When the
Governor is impeached. the Chief JUS
tice shall preside. !,
The only instance of the method of
procedure in impeachment trials is the
famous case of w. w. Holden, who was
DISQUALIFIED as a citizen in lSiO-I.
As gathered from the published re-
ports. the impeachment of Governor
Is a rather solemn and ceremonious af-
fair. as. indeed, BELTS its gravity and
Importance.
The steps in an impeachment trial as
shown by this case, the machinery by
which the clause of the constitution cited
was made operative, was about as fol-
lows:
The introduction in the House of q
short resolution simply declaring that the
Governor be impeached.
The resolution referred to the Judi
ciary Committee.
Reported back to the House fayorab bly,.
Adopted by the House.
A committee appointed three in the
Holden easel to go before the bar of the
Senate and formally impeach the Gov
ernor in the name of the House and of
all the people of the State.
The committee charged by the Speaker
of the House.
The committee goes before the Senate.
impeaches the Governor and returns and
reports its duty performed.
A board of managers (seven in the
Holden easel appointed to take charge of
the impeachment for the House.
This committee formulates the charges
and reports them to the House.
They are adopted.
The Senate is notified that the House
is ready to present the impeachment
charges.
The Senate signifies that it will hear
the charges.
The replication to the Governors an
swer is adopted by the House and the
Senate is notified
The Lieutenant Governor retires from
the chair of the Senate and the Chief
Justice sits in his stead as presiding
officer.
Charges read.
The board of managers presents the
case for the House and the Governor re-
plies by counsel
At the close of the argument the ar
ticles of Impeachment are read each
count being voted on separately and
adopted or rejected by the Senate.
II the respondent is convicted on the
charges the penalty is fixed by vote of
the Senate.
Senate adjourns.
This is in general bald outline of
an impeachment trial where the re-
spondent is convicted. The Chief JUS
tice, as all are doubtless aware, presides
because the ACKNOWLEDGEMENTS be-
comes Governor in case the Governor is
removed from office; he is accordingly
an interested party and it would be I'M
seemly that he should preside.
During the progress of the trial the
members of the House are not present
officially, except of course the managers
who are conducting the case for the
House. When, however, the Senate is
prepared to vote on the articles of inn
parchment the House is notified by mes
sage, resolves itself into committee of
the whole and proceeds to the Senate
Chamber to receive the vote. Afterward
the committee having returned to the
House chamber reports the result.
In the trial of Governor Holden there
We're eight articles of impeachment. The
first article charges that the Governor
had declared without due cause the
county of Alamance in a state of insur-
rection, had sent to it armed bands of
lawless men: had, in contravention of the
laws and with purpose to stir the peo-
pie TO violence and wrath, caused law
abiding and peaceful citizens to be NAL
treated and imprisoned.
Article second cites that he did the
same with reference to Caswell.
Article third cites that Holden caused
Josiah Turner, of Orange, to be assault.
ed and imprisoned without warrant OF
law.
Article fourth charges that he caused
Kirk and Burger to arrest and mal-treat
four citizens of Caswell county.
Article fifth contains the main charge
and the one which more than any other
procured Holden's removal from office
1t charges that he recruited. armed ant
LaI 70 Ia