Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-18

Dg D. ". OAhhlGAN.
STATE OF TENNESSEE,
DAVIDSON COUNTY. ! This day person.
ally appeared before me, the Judge of the
Criminal Court for the counties Of Davidson
and Rutherford, in said State, the under
signed, JOSEPH E. CARDIGAN, an agent of
the petitioner, PLEASANT WILLIAMS, in the
foregoing petition, and made oath that the
facts as therein stated are true TO the best of
his knowledge, information and belief.
J. G. CARRIGAN.
Sworn to and subscribed before me, this
10th day Of July, 1866.
THOs n. FRAZIER, Judge, Is.
At the conclusion Of the reading Of the
resolutions and petition, Judge GAUT, who
appeared for Mr.. WILLIAMS, said he desired
to read the writ of command, as served on
Capt. HEYDT He also read the petition to
Judge FRAZIER, from Mr. WILLIAMS, pray
ing for writ of habeas corpus
Judge GAUT then remarked that the writ
was a constitutional one, commanding Capt.
HEYDT to produce the body of Mr.. VII
LIAMs. The defendant HEYDT had refused
to comply with the writ, and offered as an
excuse for not doing so, that he was pre-
vented from taking any action by the res
oiutions just read by the counsel for the
kefense.
He then moved that writ of attachment
for Capt. HEYDr be granted by the court,
when Mr.. HARRISON said that therespondant
HEYDT had a right, under our statute to ex-
plain the cause why he did not produce the
body of WILLIAMS, as commanded by the
writ. Mr.. HARRISON argued at some length
urging that the question involved more than
the mere personal liberty of Mr.. WILLIAMS /;
that the harmony and utility Of the State
would be endangered in case such writs or
proceedings should be granted on the part
of the court as claimed by the counsel for
Mr.. WILLIAMS. He said that the Leg:sla-
turg had the same right to arrest abscond-
ing members as a court bad to arrest any of
its members who might refuse to obey a
summons issued for non-attendance. The
question was one calculated to incite and ir-
ritate the public mind, as i had political
bearing; and all we're aware that the feelings
engendered by the late revolution had as
yet hardly subsidized.
He said that it was unnecessary to argu-
the importance Of preserving the Govern
ment intact by acting within the limits of
the Constitution. Every one who appreci-
ated the interest of society and the country
at large, were awake to the importance of
avoiding all conflicts between the different
departments of the State Government.
In regard to the Governors proclamations
converting the Legislature, none would doubt
the legality of that action.
Judge BRIEN remarked that that was a
disputedright.
Mr. HARRISON replied by saying that if
he took that position he come in contact and
in an antagonism with the decisions of one
of the able8t jurists ofthe United States; and
as to the proclamation, it was issued in ac-
cordance with the Constitution.
In support of the right Of the Legislature
to arrest and punish refractory members, he
referred to several instances, among them
one in which General ScoTr had refused to
obey the summons of the Court in a similar
one. He said that the question was grave
on, and if it was not clear to the Court that
it had a right to decide in favor of the motion
for an attachment, it should not do so. He
then reviewed at some length the present
State government, what gave rise to it, and
said that il the present Legislature was over
ruled in its actions by the courts of the
country, that it would necessarily produce
conflict between the coordinate branches of
the Government Fortunately we have men
throughout the whole country who look to the
Constitution as their guide, and five do like
wise there will be no cause for conflict be-
tween the two departments.
As to the regularity Of the proceedings, in
the organization of the present State Gov
eminent, he was not called upon to decide
that had been decided by the highest tribu
nal in the Government. The question to
decide was, whether the Court would order
the defendant to be brought before it, or
not, for contempt, at the risk of a collision
between the Judiciary and the State Gov
eminent.
He said that we were just emerging from
the gloom of the late conflict, in which the
majority OF the people of the State endea-
vored to destroy the Government and here
was another effort to the same effect. The
preservation of the Government was the all
important consideration at the present hour.
He closed his speech by saying that the
Court had no jurisdiction in the case, that it
could not grant an attachment.
Hon. JNo o .GAUT, aftera briefreference to
theimportance of thequestion at issue, the ne
cessity of diyesting it of all political con-
siderations, and the importance of Sbeying
and supporting the Constitution and laws
of the land, proceeded to the discussion Of
the law Of the case. He said that the de-
PENDANTS in this case have not denied any of
the allegations in this petition, and offer as
an excuse therefor certain resolutions passed
by the House Of Representatives. We are
discussing at great length aquestiOn decided
by His Honor Judge KEITH, in a case in
East Tennessee, to which Gen. ScoTT was a
party The latter considered it no con-
hict in the different departments of Govern
ment that he was called before the court to
state what he deemed satisfactory reasons for
OBTAINING the prisoner in custody, but
promptly obeyed the writ. The counsel for
the defense has discussed at great length the
question Of the right of less number than
quorum of the House of Representative
to compel the attendance of members,
question which should be discussed only after
this writ had been obeyed, and the prisoner
was before this court.
He did not not deny that we had State
Government, with its three departments, and
that it is worthy to be recognized as such,
but did deny that the House of Represen-
tatives, now assembled, with less number
than a quorum, had any right, under the
Constitution or laws Of the State, to arrest
an absent member. He referred the court to
Art. I, Sec. 2nd and Sth, Of the bill Of rights,
which establishes the right of resistance to
arbitrary power, and provides that no man
shall be imurisoned or in any way deprived