Legal Document; March 17, 1876

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Legal Document; March 17, 1876

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People

Albright, Unknown Allen, Unknown Ames, Adelbert, 1835-1933 Barry, Unknown Callicott, Unknown Carter, Unknown Catchings, Unknown Chalmers, Unknown Clancy, Michael A.Durant, Thomas J.Everett, Unknown Featherston, Unknown Fewell, Unknown Fitzgerald, Unknown Foote, Unknown Furlong, Unknown Graham, Unknown Gray, Unknown Griffin, Unknown Hooker, Unknown Johnston, Unknown Langley, James W.McCaskill, Unknown McClure, Unknown McNeil, Unknown Mendenhall, Unknown Metts, Unknown Morgan, Unknown Muldrow, Unknown Oldham, Unknown Percy, Unknown Porter, D. P.Pratt, Unknown Reynolds, Unknown Shirley, Unknown Sims, Unknown Smith, Unknown Speight, Unknown Stewart, Unknown Stone, J. M.Stone, Unknown Taylor, Unknown Terry, Unknown Thompson, Unknown Thornton, Unknown Tucker, Unknown Tuttle, Unknown

Events

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

Organizations

Mississippi--Legislature Mississippi--Legislature. House of Representatives Mississippi--Legislature. Senate

Occupations

Law Enforcement Law Enforcement--Sheriffs Legal Profession--Lawyers Secretaries

Page 1

Impeachment
~~Trial~~ Of Adelbert Ames, Governor of the State of Mississippi.

Second Day

Senate Chamber Friday March 17^th_" 1876

At 10 1/2 o'clock A. M. the Presiding Officer, Hon J. M. Stone, President pro tempore of the Senate announced that 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, and thereupon vacated the Chair—~~The~~

The Chief Justice, having previously entered the Bar of the Senate, advanced ~~and~~ to the President's Chair ^& announced the Court of Impeachment open & directed the Sergeant-at-arms to make proclamation—The formal proclamation was then read—by the segt-at arms

The Secretary was instructed to inform the Managers of on the part of the House that the Senate is organized as a Court of Impeachment and ready to proceed in the matter of the Impeach-ment of the Governor of the State—

M^r Taylor: M^r Chief Justice; I under-stand that ~~the~~ Counsel for the Respondent are present in the Senate Chamber—I move that they be invited to seats within the Bar—Which carried. Thereupon Mess.s Thomas J. Durant and Michail Clancy, entered

Page 2

^of Washington City^ the Bar of the Senate—

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

Thereupon Messrs Managers Featherston, Percy, Tucker, Speight and Muldrow entered the Bar of the Senate and took the seats assigned them—

The Journal of yesterdays proceedings was read and approved

The matter of the Impeachment of the Governor of the State was then taken up.
The Chief Justice ordered the Sergeant-at-Arms to make return on the Writ of summons issued in this case on the 16^th Inst. under a previous order of the Court of Impeachment.

The following return ~~was~~ by the Sergeant-At-Arms, was made, read and filed, to wit:

The foregoing writ of Summons addressed to Adelbert Ames, Governor of the State of Mississippi and the foregoing precept, addressed to me were this day duly served on the said Adelbert Ames Governor of the State of Mississippi, by delivering to ~~him~~ and leaving with him a true and attested copy of the same at his usual place of abode (The Governor's Mansion) On Thursday March 16^th Inst. at 15^m to 6 oclock.

Signed James W. Langley
Sergeant-at-Arms of the Senate of the Legislature of the State of Mississippi

Page 3

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 16^th day of March A. D. 1876, by the Senate of the State of Mississippi, against Adelbert Ames Governor of the State of Mississippi, is truly made, and that I have performed such services as therein described: So help me God!

The Chief Justice: The Sergeant-at-Arms will call the Respondent.

The Sergeant-at-Arms then called aloud: Adelbert Ames, Governor of the State of Mississippi! Adelbert Ames, Governor of the State of Mississippi! Appear before this Court of Impeachment and make answer to the articles of Impeachment herein preferred against you by the House of Representatives!

Whereupon Hon Thomas J. Durant arose and said: M^r Chief Justice: I am here as counsel for His Excellency the Governor and have his authority to enter his appearance in answer to the Summons to him from this Court and to ask for him a reasonable time in which to make his answer to the articles of Impea-chment—by you permission I will read my authority—He then read as follows:

Page 4

Before the Honorable the Senate of the State of Mississippi sitting as a high court of Impeachment

In the matter of the impeachment of Adelbert Ames, Governor of the State of Mississippi

The undersigned, Adelbert Ames Governor of the State of Missis-sippi, having been served with a summons to appear before this Honorable Court to answer certain articles of impeachment found and presented against him by the Honorable the House of Representatives of the State of Mis-sissippi, doth hereby enter his appearance by his counsel Thomas J Durant, who has the warrant and authority of the undersigned therefor, and who is accompanied by Michael A. Clancy as his assist-ant to aid him in taking notes and otherwise during the progress of the trial. His said counsel is instructed by the undersigned to ask of this Honorable Court a reasonable time for the prepa-ration of his answer to said ar-ticles of impeachment

Page 5

And the undersigned res-pectfully represents that after ex-amination and consultation he be-lieves a delay of five days to be necessary for him in which to prepare his answer, and he respectfully prays that said delay may be allowed.

Adelbert Ames
Governor.

March 17^th_", 1876

Thomas J Durant
of Counsel.

Filed March 17^th 1876
D. P. Porter
Secretary of Senate

Page 6

Court of Impeachment

The State of Mississippi
vs
Adelbert Ames
Governor

Entry of appearance

Thomas J. Durant
of Counsel

Filed March 17^th_" 1876.
D. P. Porter
Secretary of the Senate

Page 7

The Chief Justice directed the Secretary to file said communication and th enter the same upon the Journal as the appearance of the Respondent—

Which is accordingly done—

By Fewell:
Ordered

That the respondent Adelbert Ames, Governor, be and he is hereby allowed until Wed-nesday the 22^d day of March inst, ^at 10 1/2 oclock A. M.^ to file his answer to the articles of impeachment preferred against him by the House of Representatives
M^r Reynolds offerred the following as a substitite for said order.

Ordered, That the Respondent, His Excellency, Adelbert Ames, file his answer to the Articles of Impeachment on or before ^~~Thursday~~ Wednesday^ the 22 day of March ~~next~~ 1876 ^at 10 1/2 oclock A. M.^ and that the Managers of the Impeachment file their replication thereto within three days thereafter, and that the matter stand for trial on Tuesday the 28 day of March 1876 at 10 1/2 oclock. A. M.

Page 8

The substitute was adopted by the following vote:

YEAS.		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, Unknown	WHITE]].
16		13

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

The order as substituted was then adopted, by the following vote:

Page 9

YEAS.		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.
26		3

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

M^r. Sims offerred and moved the adoption of the following order:

Page 10

Ordered: That the Secretary be instructed to issue process for such witnesses as the Managers or Counsel for the Respondent may request—and that the Sergeant-at-Arms be authorized to deputize the Sheriffs of the several Counties or other proper persons to execute such process on witnesses as the Sergeant-at-Arms cannot conveniently execute—

Said order was adopted by the following vote:

YEAS.		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.
29

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

Page 11

M^r Chalmers: Mr Chief Justice: I move that the Senate sitting as a Court of Impeachment in the matter of the Impeachment of Adelbert Ames, Governor of the State of Mississippi, do now adjourn until Wednesday the 22^nd day of March Instant at 10 1/2 oclock A. M.

Which prevailed—Thereupon the Chief Justice declared that the Senate sitting as a Court of Impeachment in the case of the Governor of the State, adjourned until the time indicated

Official

D. P. Porter
Secretary Senate—