Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-17
LEGISLATIVE UgURPATIOE.
The Arrest Of a Member and His
Treatment.
A Negro Assists 60 Make His Ar
rest.
nsssn. Corpus ana suit Damages

! AaeDees corpus ana suit DaAiahEes-
The first fruits Of the revolutionary pro-
ceedings Of the Tennessee Legislature, we're
witnessed in this city. The Hon. PLEAS
Ant WILLIAMS, a member Of the Legisla-
latHre from Carter county, was forcibly ar
rested at his home, on Sunday morning last,
before daylight by two men, named FRAME
and SIoEL., one Of them white man, and
the other a negro-which was the white and
which the black we did not learn. He
was hurried to the cars by these persons in
hot haste and brought 10 this city. On his
arrival he was turned over to VIM HEYDT,
a special sergeant-at-arms IAN officer I'M
known TO the laws Of TENNESSEE created for
this special occasion. He was then carried
to the capitol, and there kept close custody
during the greater part ofthe day-not being
allowed TO 60 to his dinner.
In the afternoon Mr.. WILLIAMS, through
a friend, was enabled to communicate with
counsel, who Immediately applied to Judge
THOMAS n. FRAZIER, Of the Criminal Court,
for a writ Of ha5ecss corpus which he granted,
and the hearing is set for this morning at Q
o'clock, at the Court House in this city.
Mr.. WILLIAMS has also Instituted a suit
against the party making the arrest, together
with all the members Of the House, who were
present and voted for the measure which led
to his arrest-laying his damages at fifty
thousand dollars for false imprisonment
Several very interesting legal questions
will arise upon these proceedings among
which we may mention, in brief the follow
ing:
lst. Was the Legislature convened by
authority Of law? Both Houses having by
concurrent action adjourned, and fixed day
certain for reassembling, has the Governor
any power to call them together for any pur-
pose, in the interim or vacation of a session?
End. Can a member Of the Legisla-
ture be subjected to arrest and Imprisonment
before he is legally charged with the COM
mission Of any crime known to the laws?
3rd. There being no law on our stat
ute books authorizing the compulsory attend
ance Of members, by any number less than
a constitutional quorum, was not the action
Of the members Of the House authorizing
and delegating power to make the arrest,
illegal, wrongful and void
The two first of these questions Mr.. WIZ
LIAAls contends should be answered. 1.-THE neg
alive, and the last intheafirmative. Since the |
matter has COTTON fairly into the Courts, we |
have no disposition to give any undue col
oring TO the facts which brought the case
into existence. An upright court must de-
eide.
But we cannot refrain from pronouncing |
this entire proceeding on the part of the |
Legislature as the most high-handed and !
flagitous usurpation, and outrageous viola |
ton Of personal liberty, that has ever oc-
CURED in the legislative history of America.
If the Radicals have deliberately resolved to
enforce their opinions and measures upon
the people Of the State of Tennessee by usur-
patton and violence, it is time for us to
arouse and vindicate the majesty Of popular
rights and Institutions
We do not counsel violence, but we do 1
advise and insist upon the assertion Of the
Liberties of the people according to law
and the prompt suppression Of lawlessness,
whether it is manifested by the petty thief,
the highway robber, OF a member Of the
Legislature, or a cabal or conspiracy of men,
H. r IL. 1
free people is the most heinous Of public
crimes. In the imprisoned body of PLEAS
ANT WILLIAMS the whole people Of Ten
nessee suffer. Instead Of being a Represen-
tative Of Carter county, he has been placed,
by the enemies Of their rights, in the atti-
tude Of representing the prerogatives, powers
and liberties Of the entire people Of the State.
His summary, unauthorized, arrest discloses
the dangerto which every citizen of the State is
subjected, since there is not an individual in
the broad limits Of Tennessee, who may not,
with equal propriety and justice, be caught
up, on any pretext, and cast into the felon's
cell
We applaud with gratitude the course
which Mr.. WILLIAMS has taken. He merits
and will receive the unmixed thanks Of a
grateful people, not only in his own county,
but from million hearts from the banks of
the Mississippi to his own mountain home.
He is true TO them when friends were dear
and needful to them. All honor to him and
to his name, and to the principles to which
he so firmly and steadfastly adheres in this
hour Of gloom.