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ARKANSAS. 



managers do demand that the Senate take order for 

 the appearance of said Powell Clayton to answer to 

 said impeachment. 



The previous question was ordered, and the 

 motion adopted by a vote of 42 to 38. On the 

 following day the following message was re- 

 ceived from Governor Clayton : 



EXECUTIVE DEPARTMENT, STATE OF ARKANSAS, ) 

 LITTLE ROCK, February 16, 1871. j 

 MR. SPEAKER: I am unofficially informed that 

 your honorable body has drawn up and approved 

 articles of impeachment against me from the exercise 

 of the functions and powers of said office. It has 

 come to me from various sources that_in pursuance 

 of said resolution forcible and revolutionary means 

 will be resorted to, to suspend me, before your 

 honorable body has laid said articles of impeach- 

 ment before the Senate, and notice has been given 

 me according to law. I am advised by competent 

 and able legal gentlemen that the constitution does 

 not confer the power of suspension from office on 

 your body. Section 389 of the Criminal^Code de- 

 clares an impeachment to be a "prosecution by the 

 House of Representatives before the Senate." I am 

 also advised that the impeachment does not "work a 

 suspension until I am notified in accordance with 

 section 393 of said code. In order to avoid confusion 

 on the subject, I deem it to be my duty to say that, 

 whenever said impeachment shall be perfected and 

 due notice served, I will readily surrender, pending 

 the trial of said articles of impeachment, the office, 

 with its franchise and powers, to the person for the 

 time being entitled thereto, under the constitution 

 and laws of the State of Arkansas. 



POWELL CLAYTON, Governor. 



A motion was immediately made that the 

 House refuse to receive the message " as com- 

 ing from Powell Clayton, Governor of Arkan- 

 sas," which was adopted by a vote of 42 to 32. 

 On the next day, February l&th, Mr. Padgett 

 again rose to a question of privilege, and of- 

 fered the following : 



Whereas, John McClure, a justice of the Supreme 

 Court of Arkansas, is guilty of high crimes and mis- 

 demeanors : 



1. In that he has engaged in a conspiracy with 

 Governor Powell Clayton and others to unlawfully 

 and maliciously deprive Lieutenant- Governor James 

 M. Johnson of his office of said Lieutenant-Go vernor, 

 to which lie was duly elected by the people of Ar- 

 kansas and qualified according to law. 



2. In that he has bargained for pay and bribes to 

 influence his actions and decisions as a justice of 

 said Supreme Court, at divers times and on various 

 occasions, all contrary to law and the constitution of 

 the State of Arkansas. 



3. In that he has : as chief justice of the Supreme 

 Court of Arkansas,^ issued a writ of mandamus, with- 

 out authority, and in violation of law and the consti- 

 tution of the State of Arkansas, upon Lieutenant- 

 Governor James M. Johnson, now acting Governor 

 of the State of Arkansas, by reason or Governor 

 Powell Clayton having been impeached by the 

 House of Representatives, and said Powell Clayton 

 Buffering under said disabilities, and pretending to 

 restrain said Lieutenant-Goyernor James M. Johnson 

 from performing the functions of said office, thus 

 presenting a remarkable and unwarrantable case of 

 one coordinate department of government attempt- 

 ing to restrain another by a writ of mandamus, all 

 with an unlawful and corrupt design to retard the 

 operation of the State government, and a contempt 

 of this House 



Therefore, I move : 



1. That John McClure, chief justice of the Supreme 

 Court of the State of Arkansas, be and is hereby im- 



peached of high crimes and misdemeanors in office, 

 and he is hereby suspended from exercising further 

 the functions of his office, as provided by the con- 

 stitution of the State of Arkansas. 



2. That D. J. Smith, of Columbia County ; F. M. 

 Thompson, of Columbia County; E. A. Fulton, of 

 Drew County ; B. B. Battle, of Hempstead County ; 

 "W. B. Padgett, of Independence County : and R. A. 

 Howard, of Pulaski County, be appointed managers 

 to prepare and report articles of impeachment against 

 John McClure, chief justice of the Supreme Court 

 of the State of Arkansas, with power to send foi 

 persons, papers, and records, and to take testimony 

 under oath, and prosecute the same before the bar 

 of the Senate. 



3. That said managers be directed to go to the 

 Senate immediately, and at the bar thereof, in the 

 name of the House of Representatives and all the 

 people of the State of Arkansas, announce the im- 

 peachment of John McClure, chief justice of the 

 Supreme Court of the State of Arkansas, of high 

 crimes and misdemeanors in office, and acquaint the 

 Senate that the House of Representatives will in due 

 time exhibit particular articles of impeachment 

 against him, and make good the same ; and that the 

 managers do demand that the Senate take order for 

 the appearance of the said John McClure to answer 

 to said impeachment. 



The previous question was ordered, and the 

 motion adopted by a vote of 44 to 30. Several 

 of those who voted against the motion ex- 

 plained their motives. One of these explana- 

 tions will serve to show how the proceedings 

 were regarded by those who were opposed to 

 them. It was made by Mr. Chamberlin, in the 

 following terms : 



MR. SPEAKER: Being ignorant as to what the ac- 

 tion of Judge McClure has been, the only intimation 

 of its illegality being the declaration of the member 

 from Independence, and believing this movement of 

 impeachment to have originated with certain de- 

 feated candidates for office for the purpose of making 

 political capital, and believing such impeachment 

 calculated to injure the best interests of the State 

 and to retard its material ^rosperty ; and believing, 

 further, that the people of this State will condemn 

 the wasting of so much time by this House, in the 

 discussion of matters which are only calculated to 

 benefit the aforesaid defeated candidates, to the neg- 

 lect of other and more important matters while the 

 people are urging the passage of wise laws and the 

 repeal of those of a contrary nature I believe we 

 are doing them a great injustice in sitting here day 

 after day, week after week, and month after month, 

 wasting that time and those energies which should 

 be wholly and solely devoted to the public good. 



A majority of the Senate was friendly to 

 Governor Clayton, and when the impeachment 

 managers presented themselves to give notice 

 of the proceedings against him, so large a 

 number of members had absented themselves 

 that there was no quorum present. The same 

 proved to be the case for several successive 

 days; and when at last a quorum was ob- 

 tained, a set of rules was adopted to govern 

 the impeachment trial, which would seriously 

 embarrass the proceedings. Among other 

 things, it was provided that counsel on each 

 side should have only thirty minutes for argu- 

 ment, and that any matter could be ruled out 

 by a vote of the majority. Under these cir- 

 cumstances, the managers refused to prosecute 

 the case, and at their own request were re- 

 lieved from further duty in the matter. A new 



