The Birmingham age-herald., 1913-08-17
Florida Case Dropped

On November 6, 1868, the Florida house
of representatives impeaehed Gov. Har-
rison Reed on charges of falsehood and
lying in official matters, of ineompe-
tency, of unlawfully declaring vacant
many seats in the legislature, of en-
bezzlement from the state treasury and
of corruption and bribery in his appoint
ments
This formidable series of charges was
presented for trial to eight senators,
there being so many vacancies that eight
was a majority. The impeachment had
automatically suspended Reed from Of
fice until the conclusion of the trial.
Lieut.. Gov. William II. Gleason issued
proclamation announcing that he had
taken possession of the office of COVER
nor, and the assembly adjourned to the
first of following January. When the
senate refused to take the same ad-
journment Gleason adjourned it himself
to the same day.
Governor Reed meanwhile refused to
surrender his office, and asked the state
supreme court to pass on the legality
of the proceedings The court upheld
Reeds position and removed the lieu
tenant-governor from office on the ground
of ineligibility. The United States su-
preme court then upset the removal of
Gleason as lieutenant-governor and with
the incoming of the newly elected legis-
lators on the first of January both
houses, with vacancies filled, recognized
Governor Reed and the impeachment
proceedings were dropped
Holden and the Klan
one of the most interesting impeach-
ment cases historically was that of Gov.
William w. Holden, of North Carolina
in December 1870 The Ku Klux Klan
had committed a number of whippings
az In, A 10 nd Gas
counties and the local authorities had
taken no action. Governor Holden, under
act of the legislature. declared the two
counties to be in state of insuTection
and sent militia to enforce order. The
officer in command, Col. George w. Kirk,
arrested and imprisoned many civilians
and refused to obey writs of habeas
corpus obtained from the chief justice
of the state on behalf of some of these
military prisoners.
Chief Justice Pearson held that the
writ of habeas corpus could be suspend
ed only by the legislature, which had
not authorized the suspension, but al
the same time in my opinion dwelt upon
the seriousness of the situation and the
ineyitability of more civil war if the writ
We're to be enforced by the county au-
thorities against the state authorities
and directed that the writ be sent to
the governor.
'If the governor does not honor Il" "
he said, 81 have discharged my duty,
the power of the judiciary is exhausted
and the responsibility must rest on the
executive"
Governor Holden replied to the CHIEF
Justice, giving his reasons for his ac-
| tion and maintaining his position.
This Governor Removed
The opponents of the governor there.
upon obtained an injunction restrain
| ing the state treasurer and the paymas-
ter from paying out money for thu
prosecution of military operations in the
| two counties. Governor Holden remov
| ed paymaster upon whom the injunction
was served and appointed another, who
got the money from the treasurer ant
paid the troops
| The governor was impeached and tried
He was acquitted of any misconduct IL
declaring the two counties in insurrec
tion and in taking military possession
OF them, but was convicted on charges
| of causing unlawful arrests, bringing
troops in from another state and violat
| ing the writ of habeas corpus. He wa.
removed and disqualified from holding
office again under the state.
The year 1871 saw two governors I'm
peached, Powell Clayton of Arkansas
and David Butler of Nebraska.
/ - Ne7 S''"i 7Sh dSdtHSt 1oFShiSt DioJ
ton that he had conspred to depriv'
| the lieutenant-governor of his office; tina
he had removed certain judges Illegal,
and that he had participated in election
| frauds and had unlawfully issued stat'
bonds for the benefit of certain rail
| roads.
| The house of representatives suspend
| ed him pending the trial and resolu
| ton was adopted that he should be lock
| ed in the executive chamber and th
door nailed up so that he could not ge
| away to act.
| Governor Clayton escaped and INFORMED
| the house that he had been advised b,
| counsel that it had no power to sus
pend him pending the trial.
! When the articles of Impeachment
reached the senate that body adopte'
rules for the court of impeachment whicl
were so stingent in the manner of tim
to be taken up in argument and in thei
details that the board of managers from
the house reported they could not handl
the case under such restrictions and wer
discharged. second board of manager
was chosen, which reported that 1t ha
been unable to find evidence upon whic