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


but this was not so. It's legislation had bee
tempered with leniency and forbesFanc'
The remainder Of his remarks was reiteI
alton Of what be had said.
Mr.. TRIMBLE was followed by Judg
JOHN S. BRIEN, who delivered most con
vincing argument, Of which our report
necessarily restricted to brief outline. W
present the substantial points as follows;
Judge BRIEN spoke of the case before tn
Court as one Of vast importance, based as
Is upon the Constitution and laws which Ii
at the foundation Of our Government. II
had hoped that Mr.. TRIMBLE would confn'
himself to the legal and constitutional ques
tions involved in the case, as he had prom
ised to do so in opening Of his argument, bu
he was sorry to see that the counsel, instead
of devoting himself to those points, had de
voted three-fourths Of his speech to 4 politi
cal TRADE, tearing open afresh the wounds 0
the PAST, and INDUCING in terms Of malig
nant bitterness rarely heard upon the politi
cal musings. Judge B. admitted that tn,
strife of late years had been a bloody one
and that thousands of our best young mer
had forfeited their lives in vindication Of thu
cause espoused by the South, but thousand
who have returned home have humbIy asked
to be restored to their rights and privileges
pledging anew their allegiance to the old
flag of their fathers But pause to ask, il
what way are those thus returned treated
What is the character of our legislation in
regard 20 these men? Where is that con.
citation that should characterize the mag.
unanimous conqueror?
The acts of injustice and oppression that
have been meted out to these men stand as
a dark monument upon the statute book Of
the State, and these facts win pass into his
tory and be branded as disgrace to the
civilization of the age. Those men who
have been and are still seeking to Cypress and
degrade them, by legislation and otherwise,
are more infamous than the leaders of the
rebellion of 1861. Here Judge FRAZIER
remarked that the court desired that coun-
sci would not indulge in political animad-
versions, but confne themselves to the legal
questions involved in the case. Judge B.
said it was not his purpose to drag politics
into the case, but that he simply wished to
reply to the speech of Mr.. T., which was
mostly made up of politics; but at the re-
quest Of the court he would desist.
He resumed his argument by saying
What is a government? 1t is a community
of people assembled together for mutual pro-
lection. Cur Government is one controlled
by law. How is it divided? Into legisla-
tive, executive and judicial departments.
The Legislature is made up of men selected
from the different counties Of the State to
make laws. 1t draws its vital powers from
the Constitution Of Tennessee. The execu-
tive and Judiciary derive their powers from
the same source. But for the first time in
my life l have heard from the defense that
the legislative authority is supreme. But I
had supposed that if its acts are not in ac-
cordance with the Constitution authorizing
its existence and granting Its powers, the ju-
dietary has the right to declare those acts
null and void. He admitted the existence
of a State Government; and said when the
Legislature of the State is complete and fully
organized, it has the power to legislate, but
not till thus organized can it do anything
except adjourn from day to day. He con-
tended, from the facts before the court, that
there is no lawful Legislature now in session.
The counsel for the defense had admitted
before the court that there was no quorum
as yet in the House Of Representatives; and
in the face of this portion of the members
of the "so-called" Legislature had ordered a
writ to be issued, authorizing theirSergeant-
alarms (by the way new offer to the
people of TENNESSEE toa-rest Mr.. WILLIAMS,
a member of the Legislature proper, and he
is now held in custody by said "othcer."
This court has ordered Mr.. HEYDT, the Ser
geant-at-Arms, 10 bring the prisoner before
this bar, and he, to shield himself, has re-
fused to obey said order of the court and
sent hither the answer of the "Eo-called"
House of Representatives, which is no an
swer to said writ at all. If Mr.. HEYDT had
brought Mr. WILLIAMS, as ordered, he could
have put in the plea OF acting under the au-
thority of a superior power; but failing to
obey, he is stopped from thus pleading, and
hence the return upon the writ is insuffic-
lent, and Mr.. WILLIAMS counsel demur to
the return as being wholly insufficient
There was a Legislature some time since,
but not now. By their own vote they adj
journed over to November next, and Gov.
BRowNLow has issued his proclamation
converting the Legislature without authori-
ty before the time to which they adjourned
had arrived. Mr.. WILLIAMS was absent
from conscientious motives, as set forth and
sworn to in this petition. Must he be made,
by force, to take his seat and help to make a
quorum to pass a bill that is obnoxious to
himself and his constituents ? There is no
law in Tennessee to force member thus to
act contrary to his own conscience; neither
is there any law authorizing the arrest of
members for Sbsenting themselves from the
House. An act is not a law till it has
passed three readings in each House and
been signed by :he Speakers thereof But
here is number less than a quorum passing
resolution in one House only, proposing
to do that which full quorum had never
before dared or presumed to do. Under
this resolution Mr. WILLIAMS is to be
held in custody until a quorum can be OBJ
tanned to pass an unconstitutional Constitu-
tional amendment" He refuses to appear
in his seat because he doubted the authority
of the Governor to convene the Legislature
before the time to which it stood adjourned
But Mr.. TRrrB1.E feared a conflict between
the Judiciary and the Legislature in the
event that this Court decided to issue a writ
of attachment. The Court had the right to
declare the acts OF the Legislature null and
void. No one could deny this. He then
referred to the case of White rs Black, in
which the Judiciary had declared an act Of
the Legislature null and Of no effect. Mr..
TRIxBLE says that if your Honor should
issue 2 writ Of attachment for Mr.. HEYDT,
that you would be arrested for contempt, and
tl,,t sbo,Id ans, other Iudcra Y,resnT,le 10 issue