Legal Document; March 14, 1876

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Legal Document; March 14, 1876

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People

Albright, Unknown Allen, Unknown Barry, Unknown Callicott, Unknown Cardozo, Thomas W. (Thomas Whitmarsh), 1838-1881 Carter, Unknown Catchings, Unknown Chalmers, James R. (James Ronald), 1831-1898 Everett, Unknown Fewell, Unknown Foote, Unknown Ftzgerald, Unknown Furlong, Unknown Graham, Unknown Gray, Unknown Green, Marcellus Griffin, Unknown Hooker, Unknown Johnston, Unknown Langley, James W.Leigh, Unknown McCaskill, Unknown McClure, Unknown McNeil, Unknown Mendenhall, Unknown Metts, Unknown Morgan, Unknown Oldham, Unknown Porter, D. P.Potter, George L.Pratt, Unknown Reynolds, Unknown Shirley, Unknown Simrol?, Unknown Sims, Unknown Smith, Unknown Stewart, Unknown Stone, Unknown Storie, J. M.Taylor, Unknown Terry, Unknown Thompson, Unknown Thornton, Unknown Tuttle, Unknown White, Unknown

Events

Criminal Procedure Criminal Procedure--Pleading Criminal Procedure--Subpoena Criminal Procedure--Trial Political Office--Appointment to office Political Office--Removal from office Voting

Organizations

Bar Associations Bar Associations--Mississippi Bar Association Courts and Judicial Systems Mississippi--Executive Department Mississippi--High Court of Errors and Appeals Mississippi--Legislature Mississippi--Legislature. House of Representatives Mississippi--Legislature. Senate Mississippi--State Department of Education

Occupations

Educational Profession Legal Profession--Judges Legal Profession--Lawyers Legislators Secretaries

Places

Mississippi--Hinds County

Page 1

Trial of Thos. W. Cardozo
Superintendent of Public Education of the State of Mississippi

Second Day

Senate Chambers Tuesday March 14^th,, 1876

At 10 1/2 o'clock A. M. the Presiding Officer, Hon. J. M. Storie President pro—tempore, in the Chair, announced : ~~that~~

The Legislative and Executive business of the Senate will now be suspended. The hour having arrived therefore, the Senate will as Court of Impeachment resume the consideration of the matter of Impeachment against Thos. W. Cardozo, Superintendent of Public Education of the State of Miss-issippi. The Sergeant at Arms will make proclamation.

Sergeant-at-Arms: O Yes! O Yes! O Yes! All persons are commanded to keep silence while the Senate of the State of Mississippi is sitting for the trial of the Articles of Impeachment exhibited by the House of Representatives against Thomas W Cardozo, Superinten-dent of Public Education of the State of Mississippi.

The Secretary was instru-cted to inform the Managers on the

Page 2

part of the House that the Senate is organized as a Court of Impeachment and is ready to proceed with the trial of T. W. Cardozo.

M^r Chalmers: I move that a com-mittee of two be appointed to procure the attendance of one of the Judges of the Supreme Court to administer the oath to the Senators present, who were absent on the organization of the Court of Impeachment in this case on Friday the 10^th Inst.
Which was carried—

Messrs Chalmers and Smith were appointed as said committee.

In short time M^r JusticeSiminol?, associate Justice of the Supreme Court of Mississippi escorted by Messrs Chalmers and Smith entered the Bar of the Senate and administered the oath to Senators Catchings, Pratt, Smith, and Tuttle, in the following words:

I do solemnly swear that in all things appertaining to the trial of the impeachment of Thomas W. Cardozo, Superintendent of Public Education of the State of Mississippi, now pending, I will do justice according to law and evidence; So help me God!

The Managers of the Impeachment on the part of the House were announced by

Page 3

the Sergeant—at—Arms, and were invited by the President pro tempore to the Seats pro-vided for them in the Bar of the Senate—

Messrs Managers Hudson, Shands, Leigh, Hall and M^cNair thereupon entered and took the Seats assigned them.

M^r Tatlor offered, and moved the adoption of the following order:
Ordered: That the rules of Procedure and Practice heretofore adopted by the Senate, be considered the rules of proceeding in this ~~case~~ Body sitting on the trial of the Impeachment of T. W. Cardozo.

Which was adopted by the following vote:

Yeas. [gap] Nays.

—ALLEN,
<h3>Albright, Unknown</h3> " ref="#S32100784">ALBRIGHT,
<h3>Barry, Unknown</h3> " ref="#S32027205">BARRY,
<h3>Callicott, Unknown</h3> " ref="#S32100785">CALLICOTT,
<h3>Carter, Unknown</h3> " ref="#S70041">CARTER,
<h3>Everett, Unknown</h3> " ref="#S32100786">EVERETT,
<h3>Fewell, Unknown</h3> " ref="#S32099960">FEWELL,
<h3>Ftzgerald, Unknown</h3> " ref="#S32101197">FITZ GERALD,
<h3>Foote, Unknown</h3> " ref="#S32004961">FOOTE,
<h3>Furlong, Unknown</h3> " ref="#S32023585">FURLONG,
<h3>Graham, Unknown</h3> " ref="#S32009550">GRAHAM,
<h3>Gray, Unknown</h3> " ref="#S107511">GRAY,
<h3>Griffin, Unknown</h3> " ref="#S32021800">GRIFFIN,
<h3>Hooker, Unknown</h3> " ref="#S99192">HOOKER,
<h3>Johnston, Unknown</h3> " ref="#S95611">JOHNSTON,
<h3>McCaskill, Unknown</h3> " ref="#S25021978">McCASKILL,
<h3>McClure, Unknown</h3> " ref="#S32100796">McCLURE,
<h3>McNeil, Unknown</h3> " ref="#S32101026">McNEIL,
<h3>Mendenhall, Unknown</h3> " ref="#S32100789">MENDENHALL,
<h3>Metts, Unknown</h3> " ref="#S32100790">METTS,
<h3>Morgan, Unknown</h3> " ref="#S32019841">MORGAN
<h3>Oldham, Unknown</h3> " ref="#S32100791">OLDHAM,
<h3>Reynolds, Unknown</h3> " ref="#S97091">REYNOLDS,
<h3>Shirley, Unknown</h3> " ref="#S32100792">SHIRLEY,
<h3>Sims, Unknown</h3> " ref="#S105232">SIMS,
<h3>Stewart, Unknown</h3> " ref="#S89457">STEWART,
<h3>Stone, Unknown</h3> " ref="#S48985">STONE,
<h3>Taylor, Unknown</h3> " ref="#S32003240">TAYLOR,
<h3>Terry, Unknown</h3> " ref="#S32100783">TERRY,
<h3>Thompson, Unknown</h3> " ref="#S53669">THOMPSON,
<h3>Thornton, Unknown</h3> " ref="#S25008587">THORNTON,
<h3>White, Unknown</h3> " ref="#S99811">WHITE.

Page 4

Absent and not voting: Messrs Barry, Catchings, Ferrill, Foote, Gray, Griffin, Hooker, M^cClure, and White—9

The matter of the Impeachment of Thomas W. Cardozo, Superintendent of Public Instruction of the State of Mississ-ippi was taken up

The following return by the Sergeant—at—Arms, on the Writ of Summons issued in said case on the 11^th day of March Inst. under a previous order of the Court of Impeachment, was made, read and filed, to wit:

The foregiong writ of summons, addressed to Thomas W. Cardoza, Superintendent of Public Instruction for the State of Mississippi, and the foregoing precept addressed to me, were this day duly served on the said Thomas W. Cardoza, Superintendent of Public Education for the State of Mississippi, by delivering to and being with him a true and attested copy of the same at his office, the usual place of business of the said Thomas W. Cardoza, on Monday, the 13^th_" day of March instant, at 10 o'clock A. M.

(signed) J. W. Langley—
Sergeant At Arms
of the Senate of the Legislature of the State of Mississippi

Page 5

The Sergeant—at—Arms made oath to said return, administered in open Senate by the Secretary of the Senate, in the following words:

I, James W. Langley, Sergeant—at—Arms of the Senate, do solemnly swear that the return made by me upon the process issued on the 11^th_" day of March Inst. by the Senate of the State of Mississippi, against Thomas W. Cardozo, Superintendent of Public Education of the State of Mississippi, is truly made, and that I have per-formed such services as therein described; So help me God!

President Pro tempore. The Ser-geant—at—Arms will call Thomas W. Cardozo, Superintendent of Public Education of the State of Mississippi, to appear and answer the Articles of Impeachment preferred against him by the House of Representatives.

The Sergeant—at—Arms then called aloud: Thomas W. Cardozo Superintendent of Public Education of the State of Mississippi, Thomas W. Cardozo, Superintendent of Public Education of the State of Mississippi, appear before this Court of Impeach-ment and make answer to the articles of Impeachment herein preferred against you by the House of Representatives!

Whereupon the said Thos. W. Cardozo made appearance by the communication which was received and ordered to be filed and entered in the Journals, To wit:

Page 6

The State of Mississippi
Hinds County

ss.

To whom it may concern:

I Thomas W. Cardoza, accused by the House of Representatives of said State, before the Senate thereof, & cited to appear before said Senate organized as a Court for trial of Impeachment, do hereby appoint Messr Potter & Green attorneys at law, my attorneys for me & in my name to appear before the said court, in obedience to said process, & for me to ask time to plead &c to the Articles of Impeachment Exhibited against me by said House & now pending before said court—Witness my hand & seal, this 14^th day of March A.D. 1876.

T.W. Cardoza—[seal]

Page 7

Respondents counsel were invited in the Bar of the Senate.

Messrs Geo. L. Potter and Marcellus Green of Counsel for the Respondent thereupon came forward and took the Seats provided for them in the area in front of the Chair.

M^r Potter, counsel for Respondent, asked for ten days ~~to file~~ for Respondent to file his answer

M^r Manager ^Leigh^ objected to the time asked and asked that Respondent be now required to file his plea of guilty or not guilty.

By M^r Manager Leigh:

The Managers upon the part of the House of Representatives, in the matter of the im-peachment of Thomas W. Cardozo, move the Senate, sitting as a court of impeach-ment, for the following order:

Ordered, that in the matter of the im-peachment of Thomas W Cardozo, Superin-tendent of Public Education for the State of Mississippi, a plea of not guilty be entered, and that the trial of said respondent upon the articles of im-peachment preferred against him by the House of Representatives, do ~~now~~ proceed ~~on Friday next~~ on Friday the 17^th day of March 1876, at 10 1/2 o'clock

Page 8

M^r FitzGerald: I move the adoption of the following order as a substitute for the order asked for by the Managers

Ordered. That the respondent file his plea answer or other defense to the articles of im-peachment against him in this behalf on the 20^th inst. at 10 1/2 o'clock A. M. and that the ~~House~~ Managers upon the part of the House of Representatives file their replication on the 21^st inst. at 10 1/2 o'clock A. M.

Question by M^r Morgan—What time will the Managers desire to reply?

M^r Morgan—I move to amend the order by striking out all after the words "10 1 1/2 o'clock A. M.".

The motion to amend was lost by the following vote:

Page 9

Yeas. [gap] Nays.

—ALLEN,
—ALBRIGHT,
BARRY,—
—CALLICOTT,
—CARTER,
CATCHINGS,—
—CHALMERS,
EVERETT,—
— FEWELL,
FITZ GERALD,—
FOOTE,
FURLONG,—
GRAHAM,—
GRAY,
GRIFFIN,
—HOOKER,
—JOHNSTON,
—McCASKILL,
McCLURE,
—McNEIL,
—MENDENHALL,
METTS,—
—MORGAN
OLDHAM,—
PRATT,—
REYNOLDS,—
—SHIRLEY,
SIMS,—
—SMITH,
—STEWART,
STONE,—
—TAYLOR,
TERRY,—
THOMPSON,—
THORNTON,—
TUTTLE,—
WHITE.
16 [gap] 16

Absent & not voting Messrs Foote, Gray, Griffin, M^cClure & White—5

The order offered by M^r Fitz Gerald was then adopted by the following vote:

Page 10

Yeas. [gap] Nays.

—ALLEN,
—ALBRIGHT,
—BARRY,
—CALLICOTT,
CARTER,—
—CATCHINGS,
—CHALMERS,
—EVERETT,
—FEWELL,
—FITZ GERALD,
FOOTE,
—FURLONG,
—GRAHAM,
GRAY,
GRIFFIN,
—HOOKER,
—JOHNSTON,
McCASKILL,—
McCLURE,
—McNEIL,
—MENDENHALL,
—METTS,
—MORGAN
—OLDHAM,
—PRATT,
—REYNOLDS,
—SHIRLEY,
—SIMS,
—SMITH,
—STEWART,
—STONE,
—TAYLOR,
—TERRY,
—THOMPSON,
—THORNTON,
—TUTTLE,
WHITE.
30 [gap] 2

Absent and not voting: Messrs Foote, Gray, Griffin, M^cClure and White—5

On motion of M^r Sims, The Senate sitting as a Court of Impeachment on the trial of Thos. W. Cardoza, Superintendent of Public Education of Mississippi, adjourned until Monday the 20^th March Instant at 10 1/2 oclock A. M.

Official [gap] D. P. Porter
Secretary Senate