590 



MISSOURI. 



Ix THE SUPREME COURT OF MISSOURI, ) 

 HELD AT ST. Louis, Monday, June 12. 1865. ( 

 It is ordered by the Supreme Court of Missouri: 

 That no person or persons shall touch, handle, or re- 

 move from the court-room or office of the clerk of this 

 court any of the books or records of the same with- 

 out the consent of A. W. Mead, the clerk thereof; and 

 any person or persons disobeying this order shall be 

 deemed guilty of contempt of this court, and shall be 

 punished accordingly. 

 A true copy from the record. 

 Attest : A. W. MEAD, Clerk. 



On the 13th an injunction was issued by the 

 Circuit Court of St. Louis, restraining the new 

 judges and all others from meddling in any 

 manner with the records, without the consent 

 of the old clerk. On the next day the Supreme 

 Court of the State being in session, the com- 

 mander of the enrolled militia, Gen. D. C. Cole- 

 man, appeared and presented to the judges on 

 the bench the following order from 'Governor 

 Fletcher : 



EXECUTIVE DEPARTMENT, June 18, 1865. 



SIB: By the ordinance of the State Convention 

 vacating certain offices, the offices of the judges of 

 the Supreme Court became vacant on the first day of 

 May last. By virtue of the authority conferred on 

 me by that ordinance, as Governor of the State of 

 Missouri, I have caused commissions to be issued in 

 legal form to Hon. David Wagner, Hon. Walter E. 

 Lovelace, and Hon. Nathaniel Holmes, as judges 

 of the Supreme Court, and who have qualified as 

 such judges. 



The ordinance referred to is the supreme law on 

 that subject, and it is my imperative duty to enforce 

 it, which duty I shall pursue the most summary 

 course in performing, and will treat as they deserve 

 any acts on your part done in furtherance of a design 

 to intrude yourselves into and usurp the powers of 

 the office of a judge of the Supreme Court. 



Respectfully yours, 

 THOS. C. FLETCHER, Governor of Missouri. 



The Judges Bay and Dryden informed the 

 General that they declined to yield compliance 

 to the threat, adding that the Governor had no 

 warrant or authority for interrupting them in 

 the discharge of their duties. The General 

 then withdrew, and in a half hour returned 

 with the following order from the Governor : 



Special Order. 

 HEADQUARTERS STATE OF MISSOURI, June 14, 1865. 



1. The usurping judges of the Supreme Court will 

 be compelled to submit to the ordinance of the State 

 Convention vacating certain offices. 



2. David Wagner, Walter E. Lovelace, and Nathan- 

 iel Holmes will oe put in possession of the Supreme 

 Court room, iu the court-house, at St. Louis, with 

 all the records, seals, furniture, books, and papers of 

 the office of the clerk of the Supreme Court. 



3. Brig.-Gen. D. C. Coleman is charged with the 

 execution of this order, and will employ such force 

 for that purpose as he may deem necessary, and 

 arrest all persons who may oppose him. 



THOMAS C. FLETCHER, 

 Governor and Commander-in- Chief. 

 HEADQUAp.TEits STATE OF MISSOURI. June 14, 1865. 

 GENERAL: Herewith please find special order di- 

 recting you to enforce the ordinance of the State 

 Convention, vacating certain offices by putting the 

 recently appointed judges of the Supreme Court into 

 the possession of the court-room, records, etc., of 

 that court. 



You will proceed to the court-house, and, on the 

 arrival of Messrs. Dryden and Bay, deliver to each 

 of them the sealed note addressed to them respec- 



tively. An officer of the city police will accompany 

 you, and will have a force of the city police at hand. 



If, after delivering the notes, the said Bay and 

 Dryden do any act to disturb Messrs. Lovelace and 

 Wagner in entering on said discharge of their duties 

 as judges, you will direct the policemen to arrest 

 them, and take them before the City Recorder, and 

 at once inform me of that fact. 



In case Messrs. Bay and Dryden do not come to 

 the court-house .at 9 o'clock or soon thereafter, 

 you will cause the note referred to to be delivered 

 to them at their rooms. 



In putting the judges into possession of the court- 

 room and clerk's office, you will, as far as is con- 

 venient in your judgment, avoid the use of violent 

 means ; but if in your judgment necessary, do not 

 hesitate to employ all the force it may require. 



THOMAS C. FLETCHER. 



To Gen. DAVID C. COLEMAN. 



The subsequent proceedings in the court 

 were thus reported : " Judges Bay and Dryden 

 refused also to recognize the authority of this 

 order, and again protested against any inter- 

 ruption of themselves or their business at the 

 hands of Gen. Coleman. This gentleman in- 

 formed the Judges that, as an officer, he must 

 obey the orders of his superiors. At first, he 

 desired the Judges should consider themselves 

 removed by force. This they declined acceding 

 to. He then proposed to lay his hands upon 

 them, and that they should consider that as an 

 arrest. This also was declined, and he was in- 

 formed that they would only yield to the pres- 

 ence and command of a force which they could 

 not successfully resist. The General then in- 

 formed them that a force of police was waiting 

 in the hall of the court-house. The police 

 were then introduced, the Judges taken from 

 their seats by the police, by whom they were 

 escorted as prisoners to the office of Recorder 

 Wolff. 



" When there, they found the following com- 

 plaint on file against them : 



To the Judge of the Recorder's Court of St. Louis County : 



I dp complain of Win. V. N. Bay and John S. Dryden 

 for disturbing the peace by interference with the Su- 

 preme Court. Please summon as witnesses. 

 Very respectfully, 



THOMAS C. FLETCHER. 



David Wagner, 



Walter E. Lovelace, 



Thomas C. Fletcher, 



D. C. Coleman, 



Bomen. 



"On this charge these gentlemen gave bond 

 to appear before the recorder on the next 

 morning. 



'' Directly after this ejectment, Messrs. Wag- 

 ner and Lovelace entered the Supreme Court 

 room, and seated themselves upon the judges' 

 bench. They attempted to transact no busi- 

 ness,' and after a short time adjourned their 

 court until 3 o'clock p. M. During this tinn 1 

 Gen. Coleman and his posse comitatus were in 

 and in the vicinity of the Supreme Court room. 



" At 3 o'clock Messrs. Wagner and Lovelace 

 again took their scats on the judges' bench and 

 opened their court. 



"After a suspense of some minutes, an at- 

 torney arose and inquired in what order ' the 



