Florida Reports Volume 14

Florida Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...embarrassment in the eonsideration of this subject will arise if we make the Senate occupy to this matter the relation of a. party, and conceive the idea. that if the personal character of the Senate changes, the suit thereby is abated. We see really no necessity for going in search of any precedent to sustain so simple a proposition as this. The argument, however, was pressed with such force that we must give it some consideration. We need not go to impeaclunent cases pendingiu the House of Lords from year to year, from prorogation to prorogation, and from dissolution to dissolution of parliaments, to establish this view. There are but two impeachment eases in the State of Florida. One of these presents a precedent to establish the proposition that an adjournment for a session and a change in the individual Senators composing the Senate did not destroy the court. In the matter of the impeachment of James T. Magbee, Judge of the Sixth Judicial Circuit of the State ot' Florida, the impeachment went over from one session to another. At the succeeding session, new members of the court were sworn, and this court thus organized acted upon the case. The court, therefore, still exists. The case is still pending. The Governor, as a necessary consequence, is suspended. But it is said that the proceedings had at the last session of the Senate em'/itle him to a discharge. We are not the court to determine that question in any form of proceeding. If we believed that he was entitled to a discharge, according to the practice in impeachment causes, our declaration to that effect could amount to nothing. 'That which enables him to resume the discharge of the functions of his ofice is his discharge by the Senate, not his discharge by this...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236799372
  • 9781236799371