Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Upon this remarkable report of this remarkable commission Sherman at
once made an order, not suspending but removing Mr. Brown from office,
and appointing J. W. Cattell, formerly Auditor of State, to take his
place. Mr. Cattell was in no very great haste to do this, but after the
order was served by the sheriff upon Mr. Brown he very wisely entered
into a negotiation with Brown to see if the difficulty could not in
some way be adjusted, and have Brown make such reports to the Governor
as would be satisfactory. Mr. Cattell was an honorable and honest man,
and really desired that these matters should be satisfactorily
arranged, but this was not the purpose of the Governor as manifested by
his conduct, and he determined to have his own way. He accordingly
filed information before a justice of the peace accusing Brown of a
misdemeanor in holding the office after his order of suspension or
removal, and upon this affidavit he obtained a warrant for the arrest
of Mr. Brown. The constable served the warrant upon Brown, and Mr.
Brown was about to give bond for his appearance to answer the charge,
when the Governor, having previously ordered and arranged with the
Adjutant General so to do, appeared with an armed force of the
Governor's Guards, so-called, who, with set bayonets and loaded muskets
took charge of the Auditor's office. Hearing that something of an
extraordinary nature was transpiring at the capitol, I left my office
and went over to the state house to see what could be done for my
client, and was proceeding to the Auditor's office when I was stopped
by two of the soldiers crossing bayonets in front of me, one of them
cocking his rifle and threatening to shoot me if I proceeded any
further. Fortunately the captain commanding the squad had a little
sense left and told the soldier to put up his gun, and so my life was
saved. The Governor in addition to the use of the militia as above
recited, also employed ex-Governor William M. Stone to assist Mr.
Galusha Parsons, and they filed a petition in the name of Jonathan W.
Cattell against John L. Brown in the district court of Polk county
under the provision of the statute for proceedings in "quo warranto" by
which the right and title to an office could be tested. We were
fortunate in having for district judge at that time William Connor, a
good lawyer and an honest man. Mr. Parsons and Governor Stone attempted
upon the presentation of their petition to get some peremptory order
for the removal of Mr. Brown from office, but the court called their
attention to the express provision of the statute that he had no
authority to make any order in the premises until the final trial, and
that the case must go upon the docket and be tried upon its merits
before any order or removal could be made. Upon the impeachment trial
Sherman under oath denied that he had employed counsel to commence this
suit, and Mr. Cattell testified that he had nothing to do with the
employment of any counsel to bring the suit.
Public-domain text, read in full here on John Shaqi.
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