Legal Document; March 20, 1876

Documents
Legal Document; March 20, 1876

Document Network
Document Metadata

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

People

Ames, Adelbert, 1835-1933 Cardozo, Thomas W.Chalmers, Unknown Green, Unknown Hall, Unknown Hudson, Unknown Leigh, Unknown McNair, Unknown Porter, D. P.Potter, Unknown Pratt, Unknown Shands, Unknown Stone, J. M.

Events

Crime Crime--Perjury Criminal Procedure Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Pleading Criminal Procedure--Trial Political Office--Removal from office

Organizations

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

Occupations

Educational Profession Legal Profession--Lawyers Legislators Secretaries

Places

Mississippi--Hinds County. Jackson

Page 1

Impeachment
Trial of Thomas W. Cardozo, Superintendent of Public Education for the State of Miss-issippi—

Third Day

Senate Chamber Monday March 20^th 1876

At 10 1/2 oclock A. M. the Presiding Officer Hon J. M. Stone President pro tempore of the Senate, ordered ~~that~~ all Legislative and Executive business of the Senate suspended in order to resume business in connected with the matter of the Impeach-ment of Thomas W. Cardozo, Superintend-ent of Public Education of the State of Mississippi.

The Sergeant-at-Arms, under the direction of the Presiding Officer made the usual formal proclamation.

The Secretary was instruc-ted to inform the Managers of the Impeach-ment on the part of the House that the Senate sitting as a Court of Impeachment is ready to proceed with the matter of said Impeachment—

Soon thereafter, the Sergeant-at-Arms answered the Managers on the part of the House—The Presiding Officer invited the Managers within the Bar

Page 2

Thereupon Messrs Managers Hudson, Shands, Hall and M^cNair entered the Bar and took the seats provided for them—M^r Manager Leigh being absent.

Messrs Potter and Green of counsel for Respondent appeared in their seats within the Bar.

The Journal of the last day's proceedings, to wit: Tuesday March 14^th Inst. was read and approved—

M^r Potter of Counsel for Respondent presented the following answer and Pleas for Respondent, which were read and filed.

~~M^r Man~~

Page 3

The State of Mississippi,
at the City of Jackson, to wit:

In the Senate Court for the Trial of Impeachments. In the matter of the impeachment of Thomas W. Cardozo, Superinten-dent of Public Education for the State of Mississippi.

I. The said Thomas W. Cardozo, Superintendent as aforesaid & the respondent above named, comes before this honorable court in his own proper person, and as to the first of said Articles of Impeach-ment exhibited against him by the House of Representatives of said State, this respondent, not confessing the same, but protesting that the allegations thereof are untrue, says that the said first Article & the mat-ters thereof, as therein set forth & stated, are not sufficient in law to charge him in this Court; & he is not bound to answer the same, for this, to wit;

1. Said first Article states & charges no crime or misdemeanor, nor any matter, of which this court can take cognizance, or has jurisdiction to try this respondent;

2. Said article shows that said alleged crime of perjury was not com-mitted, if at all, when this respondent occupied said office of Superin-tendent, but before he did, or could, hold said office; & if the allega-tions of said article be true, then this respondent was not Superinten-dent of Public Education for said State, & could not, by possibility, be guilty of a crime or misdemeanor in ^said^ office, within the intent & meaning of the constitution of said State.

3. Said charge is based upon the alleged receipt by this respondent of public monies alleged to have been paid to him for redemption of lands alleged

Page 4

III And as to the third of said Articles & the matters thereof, this Respondent, not confessing the same, but protesting that the same are untrue, says that said third Article & the matters thereof, as therein set forth & stated, are not sufficient in law to charge him in this court, for this, to wit;

1. Said article states & charges no crime or misdemeanor, nor any matter, of which this Court can take cognizance, or has jurisdiction to try this Respondent;

2 It charges no violation of law or of official duty, nor any act or default by this respondent in his said Office of Superintendent of Public Education; nor any crime or misdemeanor by him committed in said office.

Wherefore he prays judgment whether he shall be required to answer said third article, & that the same be dismissed &c.

T. W. Cardozo.

Potter & Green
Attys

IV. And as to the fourth of said Articles, this respondent not confessing the same nor the matters thereof to be true, but protesting that the same are untrue, says that the said fourth Article, & the matters thereof as therein set forth & stated, are not sufficient in law to charge him in this court, & that he is not bound to answer the same, for this, to wit:

1. For the several reasons specified & set forth as aforesaid in regard to said third Article.

Wherefore he prays judgment whether he shall be required to answer said fourth article, & that

Page 5

the same be dismissed &c.

T. W. Cardozo.

Potter & Green
Attys

V. And as to said fifth Article & the matters thereof, this Respon-dent, not confessing the same to be true, but protesting they are untrue, says that said fifth Article, & the matters thereof as therein set forth & stated, are not sufficient in law to charge him in this court, & that he is not bound to answer the same, for this, to wit;

1. For the several reasons specified as aforesaid, in regard to said ~~fourth~~ ^third^ Article—

Wherefore he prays judgment whether he shall be required to answer said fifth Article, & that the same be dismissed &c

T. W. Cardozo.

Potter & Green
Attys

XII. And as to said ~~sixth~~ ^twelfth^ Article, this respondent, not confessing the same, nor the matters thereof, to be true, but protesting they are untrue, says that the same, & the matters thereof as therein set forth & stated, are not sufficient in law to charge him in this Court, & that he is not bound to answer the same, for this, to wit;

1. For the said several reasons set forth & specified as aforesaid, in regard to said third Article—

Wherefore he prays judgment whether he shall be required to answer said twelfth article, & that

Page 6

the same be dismissed &c.

T. W. Cardozo.

Potter & Green
Attys

VI: VII: VIII: IX: X: XI. And this Respondent protesting that no high crime, or misdemean-or, or other offense whatsoever, is alleged in said sixth, seventh, eighth, ninth, tenth, & eleventh articles, or in said specifications to said ninth Article, or in any or either of them, to which he is or can be bound by law to answer unto, in this court, & now & at all times hereafter saving to himself all benefit of exception to the insufficiency of said articles of impeachment, & specifications, herein above referred to, & to each & every of them, & to the manifold defects therein appearing in point of law or otherwise, & protesting that he ought not be injured in any manner whatsoever in defect to form, in this his answer, denies each & every allegation in said Articles & specifications herein above referred to & each of them contained, & the view, design & inten-tion therein proposed to be charged against him; & this respondent, for a plea to said several articles of impeachment, & specifications, herein above referred to, says that he is not guilty, as in & by the said Articles & specifications is alleged.

T. W. Cardozo.

Potter & Green
Attys

Page 7

(Insert after answer)

M^r Manager Hall, asked the adoption of the following order—

~~Resolved~~ ^Ordered—^ that the Managers on the part of the House of Representatives upon the Impeachment of Thomas W. Cardoza Superintendant of Public Education of the State of Mississippi be furnished by the Secretary of the Senate with a copy of the answer of said Thomas W. Cardoza to the Articles of Im-peachment ~~present~~ exhibited by the House of Representatives of the State of Mississippi against him; and upon request of the House of Representatives communicated to this High Court of Impeachment by their Managers, it is ordered that no farther proceedings in re-gard to the Impeachment of said Thomas W. Cardoza be had until after the expiration of the trial of Adelbert Ames Governor of the State of Mississippi, now pending before the Senate of the State of Mississip-pi sitting, as a Court of Impeach-ment.

On motion of M^r Morgan, the Senate retired for deliberation.

After retiring the Presiding Officer said: Senators: The Senate have retired for the purpose of considering the order asked for by the Managers in relation to the trial of T. W. Cardozo ~~Shared~~

Page 8

M^r Morgan offerred the following order as an amendment to the order asked for by the Managers:

Ordered—That the Court of Impeachment for the trial of the Articles of Impeachment exhibited against Thomas W. Cardoza, Superintendent of Public Education, adjourn until Monday, the 10^th day of April next, at 10 O.clock A. M. and that the Managers on the part of the House of Representatives be given until that time to file their Replication to the answer of said Tho^s W. Cardoza, Supt. of Public Education

M^r Stone (M^r Pratt in the Chair) moved that further action on the orders be postponed and that the Senate adhere to its former order requiring the Managers to file their Replication at 10 1/2 o'clock A. M. tomorrow—which prevailed.

Whereupon M^r Stone resumed the Chair and the doors were opened—and said action of the Senate was announced by the Presiding Officer to the Managers & to Respondent's counsel.

On motion of M^r Chalmers, the Senate sitting as a Court of Impeachment on the trial of Thos. W. Cardozo, adjourned until 10 1/2 o'clock tomorrow morning—

Official—D. P. Porter
Secretary of the Senate