274 



FLOKIDA. 



that the Assembly would present articles of 

 impeachment, and make them good." Another 

 committee of three was appointed " to prepare 

 and report articles of impeachment against 

 Harrison Reed, Governor of Florida, with 

 power to send for persons, papers, and rec- 

 ords, and to take testimony under oath." The 

 sergeant-at-arms was sent to serve on Mr. Reed 

 " a certified copy of the charges and resolution 

 relative to his impeachment;" while a com- 

 mittee of two was appointed "to wait im- 

 mediately upon the Lieutenant-Governor, and 

 furnish him with a copy of the resolution in 

 reference to the impeachment of the Govern- 

 or," and the Clerk ordered to "deliver to the 

 Comptroller of Public Accounts, the State 

 Treasurer, and the Secretary of State, a certi- 

 fied copy of the resolution, as passed the As- 

 sembly, relative to the impeachment of Harri- 

 son Reed, Governor." This being done, the 

 Assembly adjourned to an early hour next 

 morning. 



In the evening of November 6th, the Lieu- 

 tenant-Governer, who in this capacity was also 

 president of the Senate, asserted his claim to 

 the Executive Department and the exercise of 

 the functions of Governor by the following 

 proclamation : 



EXECUTIVE CHAMBER, TALLAHASSEE, FLA., ) 

 November 6, 1868. f 



Whereas, The Assembly of Florida, as a duly-or- 

 ganized body, in extraordinary session, held by virtue 

 of a proclamation issued by the Governor of Florida 

 on the 3d day of November, A. r>. 1868, have im- 

 peached Harrison Reed, Governor of Florida, of 

 mgh crimes and misdemeanors in office | and, 

 whereas, under the provisions of the Constitution of 

 the State of Florida, the said Harrison Eeed, Gov- 

 ernor of Florida, is debarred from exercising the 

 functions of the Executive office of the State, and the 

 administration thereof devolves upon the Lieutenant- 

 Governor : 



Now, therefore, I, William H. Gleason, Lieutenant- 

 , Governor of the State of Florida, do issue my procla- 

 mation taking possession of the Executive Department 

 of the government in all its parts. 



I hereby call upon all citizens of the State to sup- 

 port the government, obey the laws of the State, and 

 preserve peace and quiet. 



In testimony whereof I have hereunto set my 

 r 1 hand and caused the great seal of the State 

 J to be affixed this 6th day of November, 

 A. D. 1868. W. H. GLEASON, 



Lieutenant and Acting Governor. 

 By the Lieutenant and Acting Governor : 

 Attest GEORGE J. ALDEN, Secretary of State. 



On November 7th the Assembly adopted a 

 resolution, the Senate concurring, to adjourn 

 "until the Tuesday after the first Monday 

 in January, 1869, at 12 o'clock M. ;" but the 

 Senate refused to concur, when Mr. Gleason, 

 assuming now to act as Governor, and using 

 the power which the constitution gives the 

 Governor in such cases, sent to both Houses a 

 written message, "declaring the Legislature 

 adjourned to the first Monday of January, 

 1869." 



Governor Reed, however, stood his ground 

 unmoved, and continued to perform the duties 

 of his office, having, on November 6th, ap- 



pointed Jonathan C. Gibbs, a negro, as Secre- 

 tary of State, in the place of George J. Alden. 

 He regarded his impeachment as not in ex- 

 istence, because, when the committee of the 

 Assembly formally impeached him at the bar 

 of the Senate, and the Senate entertained the 

 act of impeachment, there were no more than 

 eight Senators present. On November Yth, 

 he issued, therefore, a proclamation, declaring 

 that he was rightfully exercising the duties of 

 Governor, and should do so "until the judicial 

 tribunals of the State determined otherwise." 

 Two days after, making use of a power ex- 

 pressly given the Governor by the constitution 

 of Florida, Mr. Reed addressed to the Justices 

 of the Supreme Court of the State a lengthy 

 communication, wherein, laying before them 

 the -journals of the two Houses, with their 

 official proceedings in regard to his impeach- 

 ment, he pointed to the parts of the constitu- 

 tion that may have a bearing on the matter, 

 stated the ^position which he had taken in it, 

 and proposed the two following questions: 



1. Whether a Legislature of the State of Florida, 

 consisting of a "Senate" and "Assembly," vested 

 with the legislative authority of the State, has con- 

 vened in extraordinary session under the proclama- 

 tion of the Governor, of November 3, A. D. 1868. 



2. Admitting, under the several provisions of the 

 constitution referred to, that a Legislature of the 

 State, consisting of a Senate and Assembly duly or- 

 ganized and vested with the legislative authority of 

 the State, had convened in extraordinary session, 

 under the proclamation aforesaid, and were, under 

 the constitution, competent to transact legislative 

 business, are the proceedings of said Legislature, as 

 shown by said exhibits B and C, in so far as they re- 

 late to my impeachment as Governor of the State of 

 Florida, of constitutional validity of force, and am I, 

 under section 15 of article v., and section 9 of article 

 xvi., disqualified from performing the duties of my 

 office, by reason of the proceedings had and taken, 

 as aforesaid, in reference to my impeachment ? 



Upon these questions he requested them to 

 give him their answers in writing, and urged 

 them to do so on account of the situation of 

 affairs, saying: "I am continuing to act as Gov- 

 ernor, and the said Gleason is also assuming to 

 act as Governor ; the officers of the State do 

 not know, in this unsettled and anomalous 

 condition of things, whom to recognize as at 

 the head of the Executive Department ; the ad- 

 ministration of the State government is ob- 

 structed, and the peace and welfare of the 

 whole State jeopardized." 



Not to mention upon this point the many 

 occurrences which took place at Tallahassee in 

 the night of November 6th and in the follow- 

 ing days, the official paper of November 12th. 

 informed the public as follows: " Thus-the mat- 

 ter stands at this writing Governor Reed oc- 

 cupying the Executive Chamber, and Jonathan 

 C. Gibbs occupying the Secretary of State's 

 apartment in the Capitol, and Governor Gleason 

 and Secretary Alden, who are under the con- 

 structive charge of the sheriff, performing their 

 official duties in apartments at the City Hotel." 



The paper which Governor Reed had sent to 

 the Supreme Court on November 9th was com- 



