Legal Document; March 16, 1876

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Legal Document; March 16, 1876

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Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Albright, Unknown Allen, Unknown Ames, Adelbert, 1835-1933 Barry, Unknown Callicote, Unknown Carter, Unknown Catchings, Unknown Chalmers, Unknown Everett, Unknown Featherston, Winfield Scott, 1819-1891 Fewell, Unknown Fitzgerald, Unknown Foote, Unknown Furlong, Unknown Graham, Unknown Gray, Unknown Griffin, Unknown Hooker, Unknown Johnston, Unknown McCaskill, Unknown McClure, Unknown McNeil, Unknown Mendenhall, Unknown Metts, Unknown Morgan, Unknown Muldrow, H. L. (Henry Lowndes), 1837-1905 Oldham, Unknown Percy, W. A.Peyton, E. G.Porter, D. P.Pratt, Unknown Reynolds, Unknown Semrall, H. F.Shirley, Unknown Sims, Unknown Smith, Unknown Spight, Thomas, 1841-1924 Stewart, Unknown Stone, J. M.Stone, Unknown Taylor, Unknown Terry, Unknown Thompson, Unknown Thornton, Unknown Tucker, William Feimster, 1827-1881 Tuttle, Unknown White, Unknown

Events

Criminal Procedure Criminal Procedure--Subpoena Criminal Procedure--Trial Political Office--Removal from office Voting

Organizations

Bar Associations Bar Associations--Mississippi Bar Association Mississippi--Executive Department Mississippi--High Court of Errors and Appeals Mississippi--Legislature Mississippi--Legislature. House of Representatives Mississippi--Legislature. Senate

Occupations

Legal Profession--Judges Legislators Secretaries

Page 1

Impeachment of Adelbert Ames Governor of the State of Mississippi

First Day

Senate Chamber ~~Wed~~Thursday March 16^th 1876

At 12 1/2 o'clock P. M. The Presiding Officer of Hon J. M. Stone President pro tempore of the Senate announced: All Legislative and Executive business of the Senate is ordered to cease, for the purpose of proceeding to business connected with the impeachment of the Governor of the State. The Chair is vacated for that purpose. Hon. H. F. Semrall, Chief Justice of the Supreme Court of the State of Mississippi, accompa-nied by Hon E. G. Peyton, associate Justice of said Court, escorted by Messrs Taylor & Pratt, the committee appointed for that purpose, entered the Bar of the Senate.

The Chief Justice having ascended to the President's Chair. Said:

Senators: I appear in the Senate, in response to a notice, that the presence of the Chief Justice of the Supreme Court was required, to participate in the organization of this Body into a Court of Impeachment for the trial of the Governor of the State. I am ready to assume the

Page 2

Presidency of the Court—and discharge such other duties in the progress of these Solemn proceedings, as are imposed by the Constitution and the laws.

The following oath was there administered to the Chief Justice by Judge Peyton:

I solemnly swear that in all things appertaining to the trial of the impeachment of Adelbert Ames, Governor of the State of Misissippi, now pending, I will do justice according to law and evidence: So help me God!

The Chief Justice then said: Senators, the oath will now be administered to the Senators. As the roll is called by the Secretary, each Senator present will answer to his name and rise and stand at his place. The Secretary will call the Roll—

The Secretary proceeded to call the Roll of Senators alphabetically, and the Chief Justice administered the oath to Senators Allen, Barry, Carter, Catchings, Chalmers, Everett, Fewell, FitzGerald, Foote, Furlong, Graham, Johnston, M^cCaskill, M^cNeil, Mendenhall, Metts, Morgan ^Oldham^ Pratt, Reynolds, Shirley, Sims, Stewart, Stone, Taylor, Terry, Thompson, Thornton and Tuttle, in the words following:

I solemnly swear that in all things appertaining to the trial of the impeachment of Adelbert Ames, Governor of the

Page 3

State of Mississippi, now pending, I will do justice according to law and evidence: So help me God!

The Secretary was instructed to inform the Managers of the Impeachment on the part of the House, and the House of Representatives that the Senate is now organized as a Court of Impeachment for the trial of the Governor of the State of Mississippi in the matter of the Impeach-ment preferred against him and are now ready to proceed with said trial.

The Managers on the part of the House were announced by the Sergeant—at—Arms, and were invited within the Bar of the Senate by the Chief Justice.

Thereupon Messers Managers W. S. Featherston, ^W. A.^ Percy, W. F. Tucker, ^Thos^ Speight, ^H. L.^ Muldrow ~~ent~~ entered the Bar of the Senate and took the seats provided for them in the area in front of the Chair—

M^r Taylor, offered and moved the adoption of the following order:

Ordered: That the rules of proceeding and practice hereto-fore adopted by this Senate be considered the rules of ~~practice~~ proceeding in this Body sitting on the trial of the impeachment of Adelbert Ames Governor of the State of

Page 4

Mississippi

Which order was adopted.

M^r FitzGerald offered and moved the adoption of the following Order:

Ordered: That a Summons de issue as required by the rules of Procedure and Practice in the Senate when sitting on the trial of Impeachments, to Adelbert Ames, returnable on Friday the 17^th Instant at 10 1/2 o'clock in the morning.

M^r Everett moved to amend the order by striking out the words "Friday the 17^th,, Instant at 10 1/2 o'clock in the morning" and insert in lieu thereof the words "Monday the 20^th,, Instant at 12, o'clock M"

M^r Reynolds moved to lay the amendment on the table, which prevailed by the following vote:

Page 5

Yeas. [gap] Nays.
—ALLEN,
ALBRIGHT,
—BARRY,
CALLICOTE,
—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.

25 [GAP] 3

Absent and not voting: Messrs Albright, Callicote, Gray, Griffin, Hooker, M^cClure Smith, Terry, and White—9—

The question recurring on the adoption of the order offered by M^r Fitz Gerald, the same was adopted by the following vote:

Page 6

Yeas. [gap] Nays.

—ALLEN
ALBRIGHT,
—BARRY,
CALLICOTE,
—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.
26 [GAP] 3

Absent and not voting: Messrs Albright, Callicote, Gray, Griffin, Hooker, M^cClure, Smith and White—8—

M^r Stone offered and moved the adoption of the following order:

Page 7

Ordered—

That when the Senate is Sitting as a court of impeachment. No person whatever shall occupy a seat on the floor, within the Bar of the Senate, Except Senators, the Employees of the Senate, the Managers on the part of the House of Representatives, the Respondent, and Counsel for the respondent and the Sergeant at arms is held to a rigid enforcement of this order—.

[note] Stone. [/note]

Which was adopted by the following vote:

Yeas. [gap] Nays.
ALLEN,—
ALBRIGHT,
—BARRY,
CALLICOTE,
—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.

Page 8

Absent and not voting: Messrs Albright, Callicote, Everett, Gray, Griffin, Hooker, M^cClure, Smith, and White—9

On motion of M^r Stone, the Senate sitting as a Court of Impeachment in the trial of the Governor of Mississippi, adjourned until tomorrow morning at 10 1/2 o'clock.

Official D. P. Porter
Secretary Senate—