Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-21
THE COURT AND THE LEGTsLA.
TURE.

Inv ~ 'AAAAeAA Va - tN5~ II 1919 80
motion for an attachment to compel the OBJ
servanoe of the writ Of habeas corpus issued
by him in the case Of Mr.. WILLIAMS, Of
Carter, clearly decided that less than
quorum Of the House of Representatives
could not compel the attendance Of absent
members-that such a proceeding was IL
legal, and if carried into effect, was an IN
lawful restraint upon the personal liberty Of
a member SO coerced; and under this just
and conclusive reasoning, he released Ar.
WILLIAMS, and vindiclted the authority Of
the law by arraigning The Sergeant-at- Arms
for contempt of the process Of the court, and
thus virtually arraigned the immortal forty
three who advised and ordered the contempt.
The legal effect Of this decision, which I'M
dermines the authority that held Messrs
WILLIAMS and MARTIN in an adjoining
committee room during the preparation
Of the great outrage Of Thursday, Is
to prove that these gentlemen were
not in Legislative attendance on that
day, and destroyed the quorum which it is
cOntended their presence under arrest COM
pleted. Members Of the Legislature when
this body is in session are presumed
to be in the discharge Of their duties
voluntarily. For wilful refusal 10 per-
form the service required Of them and an
obstruction Of public business, the Legisla-
ture may pass law compelling their at
tendance, and prescribing penalties for their
refractoriness, but less than a quorum in the
absence Of previous Law, cannot use force to
hold them in attendance. Such attendance
under guard and restricted Of perfect free
dom 10 vote as the member pleases, or not
to vote ifhe sees fit, or to resign if be choos-
Is, or to refuse to be party 70 what he may
consider illegal proceedingsS is not attend
ance in the sense which the trainers Of
free Constitution for free people intended.
Itlogically and legally follows under Judge
FRAzIER's opinion, that Messrs. WILLIAMS
and MARTIN did not constitute a part of the
House on Thursday, and inyalidates the
ratifying action Of that body ON the Con-
stitutional Amendment
For this wise, upright and fearless action,
Judge FRAZIER has incurred the rank dis
pleasure Of the Radicals who have intro
duced fraud and violence into the legislation
Of Tennessee and sought to impose on an UNI
willing people an obnoxious measure. Dur
ing the argument in chambers he was braved
by Mr.. TRnuBLE of this city-an arch-Rad-
zeal Of the Senate-with the following threat:
"Did the court dare to decide that there
was not a quorum, aud from that considsra-
ton issue writ for the arrest Of HEYDT,
| Sergeant-at-Arms the Legislature would ar
rest His Honor, Judge FRAZIER, for con-
tempt and should any other Judge attempt
TO release him, he would also be arrested for
contempt"
And on yesterday, Mr.. WINES, Of the
House, gave notice, that in the event that
body obtained a quorum he would introduce
measures TO vindicate its dignity. Though
no intimation of his purpose was directly
given, his remarks, and certain movements
among the radical leaders indicate that an
attempt will be made to impeach Judge
FRAZIER. The runner to this effect was cur
rent yesterday, and we think il not improba-
BILE that it is the intention Of the managers at
the Capitol to set on foot such a movement.
Mailed in the panoply of right, fortified
by the simple but strong logic which marks
his decision, sustained alike by a conscious
ness Of duty and the approving voice of an
intelligent public opinion, the just Judge
who has dared to declare the law and enforce
it against the usurpers who are shaming the
State by their arrant prohigacy, may defy
their malice in whatever form It may como
The people Of Tennessee have borne much,
and feel that they are able and
great enough to permit this Legis-
lature to live its term through, though it
should remain in constant session and give
daily repetitions Of fclly and wickedness;
but the laying Of their unhallowed hands
upon the judiciary, and the attempt to dis
robe Of the ermine an honest and able Judge
for the simple discharge Of his duty, may
prove too much even for people so patient
and long-sufering.
We shall deeply regret to learn that such
steps have commenced, for 4" it cannot and
it will not come to good"