Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-14

nesSee--lne respondent nnder fe-oinllon NO.
20 OF the court, dles the following exceptions:
lie excerpts e the sitting in said canse OF the
follOEing gentlemen ns memhezs OF the court,
Siz: w. 4. hail and j: Powell He excerpts and
objects 70 the said w Il. Hsll's sitting as mem
Der Of the court lst. Because. IS respondent il
infDrmed and believes, said Han was otat the
time of his election Is amember Of the senate
residspt and citizen Ct asy one Of The counties
which he parports 10 represent as q member 81
the Senate and OF the court. but ne was then
and had been for some time previously citizen
and resident Of the State Of Kentucky. I'd. That
time he was sworn as ! meiibsr Of The court q
citizen or resident Of any one Of the counties he
pHTports 10 represent. but Is now and was when
sworn resident and citizen oi kenineky,
swers upon bis Vt0r dire whether he was at the
fims Of bis election, and for year Immediately
Previous thereto. a resident OF any one Of the
whether be was not then shd il not now a resi-
dent Of the State Of Kentucky; whether his
family is not there now. and whether il has not
been there for three years last past o. less
whether be has not dwelling house and house
Of business IN Kentucky. and whether he has
not voted and done ether acts as citizen
thereof 49, "a - - 49,
He excerpts and objects to the said ]. Powell
sitting as a member of the court. Because, as
respondent = informed and believes, the said
j. Powell had previously 10 the sitting OF this
court. formed and expressed an opinion on the
merits Of this cause hostile 70 respondent; that
sentatives. or q member theTeof while the
question of impeachment was pending. Put
the Impeachment through your house. hurry II
W. send i 10 our. hosise. and Wen pat bin
through" or words 20 this effect. meaning, as
respondent is informed and believes, that the
Senate would convict respondent. Respondent
respectfully asks that said Powell answer upon
bis Vior DIRE whether he had not formed and
whether he had not expressed himself in sub
stance as above stated, to some member or mem
bers Of the House Of Representatives or to some
For these reason and causes respondent ex-
y THos. N FR4ziEs.
Mr.. Trimble: These exceptions we re-
gard as insufficient in law, and il gentlemen
wish TO argue it, We viii consent to them
doing so. Ii is suggested that they be dis
missed as insufficient in law; and make
that motion. The presumption is ia favor
Of the competencYof every member of the
court. We call on them to produce evil
dence that either of them is incompetent.
As there are two distinct exceptions, Ii will
be right to argue them separately. The first
question is, whether Mr. Hall is Senator
or not ~.
Judge. Cant: l refer to article two, Sec
tons nine and ten, of the constitution, as
determining the principle on which we
must proceed in an inquiry Of this nature
The constitution there provides;
See. 9. No person shall be Representative
unless he shall be citizen of the United States,
OF Inc age OF twenty-one years. and shall have
been a citizen of this State for three years and
9 resident Of the county he represents one year
Immediately preceding the election.
Sec. 10: No person shall be a Senator unless
be shall be a citizen of the United States of the
age OF thirty years, and shall hsye resided three
years in this State, and one year in the county or
district. Immediately preceding the election.
So far as Mr. Hall is concerned, we 90 TO
the constitution. The constitution creates
this court. And but for the consti-
tuition this court and this Senate
would have no existence at all We have
presented these objections on the highest
grounds known to the law of the land.
To entitle Mr.. Hall to be Senator here,
he must have resided in Senatorial dis
trict for one year previous TO his election. |
But so far from having complied with this
conditin for being Senator of Tennessee,
Mr.. Hall did not at the time Of his cleo |
ton reside in the State at all. He was a
citizen Of Kentucky. 1t is only necessary |
that the proper questions be put to Mr.. |
Hall himself to establish this fact The |
objections raised by the other side to our
positions are in the nature of demurrur; |
nor Will they scarcely venture 10 |
challenge the truth of our allegations |
In the history Of civil jurisprudence,
in England or America, in the |
United States or the State Of Tennessee,
no precedent can be found where a man is |
10 be tried on criminal charge by par |
ties not citizens or subjects of the country
in which the trial takes place. But sup
pose, gentlemen on the other hand say, this /
court is SUI 9saeis, and that It is created |
by the constitution. But the constitution
itself provides that this court shall be made |
up Of the members of the Senate, duly /
sworn. And the statutes have clearly laid /
down the conditions on which man may |
become Senator, and one Of the most /
prominent of these is, that he must be a |
citizen. Now this fact does invalidate Mr.. |
Halls right to sea: in this /
Senate, and it certainly disqualifes
him for being a member of this /
court. The decision of this court has
accepted the analogy of the ordi-
nary courts as the guide of its proceedings.
Now the statutes provide more clearly that
before man can sit in judgment on his
iGAANN iit iAh0t DC u Nlti1cAA vi Vic
county and a resident of the district in |
which the alleged ofiense was committed. |
% this ground the Senator is seen TO be
utterly disqualified for being member of
The court for trying Judge Frazier Does
L not present a monsirosity that citizen
1f another State should be sitting in judg-
nent in this court OH a citizen of this
State, arraigned on a criminal charge? The
code enacts as follows in regard to Jurors:
a002. Every white male citizen, who is free.
l8lder OF householder. and twenty-one years of
lge is legally qualified 10 net as grand or petit
Express provisions of the Code
4093 No person can act as q juror Ia any case |
n which he is interested, or when either Of the
'arties IS connected with him by affinity or con-
y the civil law, except by consent of all the
,arties.
This conrt are both judges and jurors,
md II We are to draw any conclusion from
he administration of civil law in this State,
hen man cannot be a Juror of Tennessee
While himself a citizen of Kentucky. /
ay, IL the objection is true, and admitted
o be true, the constitution forbids him TO
il a. member Of this court
Mr.. Maynard: The question is not as to
he competency or incompetency of this
'erson as a trier OF this particular case; il
IOes further; il is as 10 whether he is a
senator or not. 1t denies that he is a
nember of the Senate, and reyokes his
commission as Senator. / understand
hat question to be decided He was sworn
n at the organization of this body, and his
igkt 10 SIT here cannot be contested by
his defendant Again, / understand
hat the competency of this Senator
Ias raised by himself before bis
rOther Senators. At a former session
{ the Senate they solemnly passed upon
and decided that he was entitled Ia his
Eat II so, il is settled IL otherwise, this
efendant is not qualified 10 90 into the
notifications Of this Senator. The aues-
on, the only question now to be enter
lined is, whether Mr.. fall is Senator
Tennessee. And that question, hold,
settled; therefore this objection must
n.
Judge Brien This a very strange areu-
lent 10 me, sir, and coming too from a
80 learned in the law. What is
sis Senate? Ii is a court formed under
le constitution and the laws Of Tennessee.
What is It here for2 To try whether the
sspoadent is guilty Of the high crimes and
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