Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-19

to the laws Of the land. This quality dis
tinguishes the American people above all
Others in that they reverence, submit to, and
honor and obey law
There are three departments and neither
can assume the duties belonging to the
other. The Executive cannot exercise the
powers belonging to the Judiciary, and the
Legislature cannot exercise that belonging
to the executive; nor the Judiciary that Of
the Legislature. Your honor is not fully
the Court but the head of the. Court. 1t is
necessary to have a clerk, sheriff and jury,
or else you are but body without legs. You
can do nothing but think. To make your
Court complete you require bar-a body
Of enlightened men. Then who decides in
this Court? Your Honor If an officer
disobeys, you compel obedience. Your
powers are immense, you can punish for
contempt. If your clerk attempts to pre-
vent an organization of the Court, the
Sheriff interferes, you send to the executive
for help. You are clothed with powers to
preserve the life of the Court. Here he
referred to ID HUMPHREYS.
Then the executive, within the sphere of
his duty, is he not also supreme? If he
does anything wrong, there is way to right
the wrong. l call your attention to the har-
mony which has existed between the various
departments. There is no necessity for such
collisions as now threaten US.
There is laid down in this case prin-
ciple, and that is that the Legislature is to
be honored and respected, and treated with
that consideration that its dignity as Leg
islative body demands. Ifindividual men,
bers of the House or Senate sin or do wrong,
let them be held up before an enlightened
public opinion-with a statement as to their
crimes, but not in a malignant spirit.
The Legislature has invariably treated
the judiciary with the greatest respect and
consideration as a coordinate branch of the
Government. Now, for the first time, they
clash.
As to the powers Of the Legislative de-
partment. This is the strongest department
it comes directly from the people. 1t is a
power by ITSELF divided into two houses-the
House and Senate, each judging as to the
qualifications of its own members and its
own proceedings. The House is organized
by the election and appointment of officers
such as Speaker, Clerk and Sergeant-at-
Arms. Who is to Judge of such organiza-
ton? 1t is not for the Judiciary to do so.
1t has no power to interfere in any manner.
After organization the House makes rules
which prohibits members from absenting
themselves without leave, and in such an
event authorizes the door-keeper to arrest
them and force their attendance. These
rules are adopted and transmitted from ses-
sion to session as a law governing the pro-
ceedings Of this portion of the Legislature.
But suppose that there were no written rules
or laws touching this subject, is there moth
ing binding that is not written on paper?
If there was not letter in the Consultation
authorizing the arrest of refractory members
the very nature of the organization would
guarantee this right. The Constitution is
the great fundamental law Of the land, equal
ly binding upon ALL the executive, the legis-
lative and the Judiciary. Should the legis-
lative department pass law that effects the
rights Of a person, that individual would
appeal to the courts for redress. Here the
Constitution would be called in question and
the Judiciary decides upon the constitution
atty of the law by the Constitution.
There is return made by t he House of
Representatives to this court, and not a re-
turn from a single individual, as presumed.
The Legislature, out of Difference to the court,
made the return, which was an unprecedent-
ed act, and was really styop-a condescen-
sion on the part of that department And
yet here is an attempt to reflect on the
dignity and prerogatives of this body.
Those who seek to bring aboutthis collision,
seek to interrupt the Proceedings of the
Legislative department as is here attempted,
should be scorned by the people Suppose
that this petition had specified that there
was not a quorum. Who is to decide this
Would the court do it, or any Judiciary?
1t was for the House of Representatives to
do it. Did the court dare to so decide that
there was not quorum, and from that con-
sideration issue a writ for the arrest of
HEYDT Sergeant-at-Arms, the Legislature
would arrest His Honor, Judge FRAZIER,
for contempt; and should any other Judge
attempt to release him, he would also be ar
rested for contempt. If in this case the
sheriff had been arrested by the Legislature,
he would have been called patriot In
stead, however, since the Legislature arrests
one Of Its refractory member, it is called
tyranical. would advise the learned coun-
sci, the prosecution, to advise their friends
in the Legislature to act as become men
who respected law and order. He said that
if the House of Representatives offered to
take action upon law that he doubted the
right of the Judiciary to interfere.
Judge BRrEN called the attention of Judge
TRDmIE to that clause of the Constitution
which says that no member of the Legisla-
ture shall be arrested, only for felony, trea-
son, or a breach of peace.
Judge TBDBLE admitted that such
clause was in the Constitution, but continued
his argument by saying that the power of
correcting and Furnishing members belonged
to that body Of which he or they were mem
bers. He then requested Representative
SMITH, of Hardeman, to read clause from
KENT's Commentaries on the Constitution.
Resuming his argument, he said that there
was really no necessity for referring to Kent
that reason was sufficient guide in this
case.
He said that the Legislature did not mean
any harm TO Mr. WmLAMs-that that
body meaned only to assert its dignity as a
body, and to teach refractory members thtir
duty, and to force them to respect its rules
and regulations. But here twas evinced, in
this trial, the same spirit that marked the
first DAYS fthe rebellion.
A more despotic set Of men, breathing
more mendacious spirit, could not be found
throughout the whole country, than those
who were attempting to produce a conflict