Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-30
IMPEACHMENT.

TRIAL. OF HON. THOMAS n. FRA
ZIER, JUDGE OF THE CRIMINAL
COURT OF DAVIDSON COUNTY,
BEFORE THE SENATE.
TWENTIETH DAY.
ment-1adge Brien,s Argument
"WEDNESDAY, May 29.-The court met
al nine o'clock, all the members being
present H.fHs. $500
Mr.. MAYNARD CONCLUDES HIS ARGUMENT.
Nav it please the court, | have consumed
much time in the presentation of this case.
Ii is, the court knows, an important case !;
il is a case that is travelling on the highway
of constitutional law; il is not question
before court trying some misdemeanor,
but it IL a question involving the interests,
not only of the present, but of generations
vet unborn extending on TO remote futurlty.
And regard for future safety as well as a de-
termination to yindiCate present rights,
should determine you to settle the thing so
thoroughly and efiectually that there should
be no danger of a recurrence of such an
event as has rendered these proceedings ne
cessary. To act otherwise would be to
commit an act Of the greatest folly it would
be as if one should dig down TO the rocky
bowels Of the earth hero beneath us, and
plant a magazine there that perhaps in
years TO come should have the torch APP
piled to it, and by its explosion blow up
this magnificent structure, and all the
wealth. talent and character which IL might
contain, and reduce the whole TO thing OF
nought, and leave but a wreck behind.
have preferred, in order not to trust
myself to the momentary suggestions OF the
mind, to put my thoughts into well consid-
cred words. The facts are before you that
certain members Of the Legislature in order
to obstrnct and retard the proceedings of the
body. absented themselves from its meet
ines, and conspired, by this and other
means TO hinder the assembling of quo
rum. This proceeding compelled the
House of Representatives, in the exercise
of its undoubted right and privilege, to
enforce the attendance of the absentees.
But this vigorous proceeding on their part
was met with equally vigorous hostility on
the part of the refractory members. In the
heat Of the contest, the defendant is invoked
| 10 rescue portion of the malcOntents from
the custody Of the Legislature, which they
| had defed, and to arrest the officer 10
whom their safe keeping had been conhded.
| But il has boldly and zealOusly maintained
that this proceeding on the part of the
defendant is legal and right. 1t is
| for Won TO determine whether it is so
or not.
In violation of the constitution he en-
croached upon the limits of another branch
of the government. He did this knowing
", wIllfully and Intentionally. You can
not regard intention except in the amount
of punishment you may award. He ad-
mits doing il willfully, that he did it in
tentionally is not denied indeed the law
assumes a man to have done Intentionally
the things he did do. This allows you no
alternative but to condemn the wrong OF
allow the wrong to pass, and to work con
tinued and permanent detriment TO the liz
terests of the State.
The members of the Legislature hay,
been DETAINED as a body, and reviled per
sonally. Such epithets as the Lincoln
Congress" the trump Congress" th'
" Brownlow Legislature" the trump Legis
Iature," the free niger Legislature" ha7,
been plentimlly applied, both by the popu
lace and the press. In no other time
would such case "a this have arisen. TIL,
House was exercising one Of its ordinar,
everyday rights to command the attend
ance Of its members, that the business 0
the State might be prosecuted and the pub
lie interests furthered. 1t is for you
without fear or favor, to see that the RICH
10 exercise these powers shall never agail
be called in question. The Judge is con
demned when the guilty is absolyed
Clemency and forbearance, out of personal
considerations are not permitted you. Duty
unyielding duty, as yours. Duty to your
selves, TO your country, and 10 coming
posterity, demand of you decisive and Wig
orous action
Members of the House of Representa-
tiyes, in the lawful custody OF their Ser
Ceant-at-arms, were rescued from their I'M
priaonment, and that officer himself in tn
silent watches of the night, was ruthlessl
seized upon by rufianly gang, who,
has been shown in evidence, were guilty c
the crime of robbing their victim Of hi
money: and this officer, who, ii is nc
charged, exceeded his duty, was mulcte
by this defendant in the costs be
fore he could be discharged. This
il is claimed, was done to vindicat
the authority of the law, and for the main
tenance Of justice. Out Of their own mont
do condemn the, for if the yindication {
the law required this severity toward Cap
Heydt. of how much sorer punishmer
must he be who unjdstly imprisoned hin
and who In furnishing him punished vicar
ously the Legislature, of which he was tn
servant. Yea, let the law be vindicated
let Justice be done though the heavens ma
fall.
The case approaches as near as a case ca
impersonal abstract Justice. lie Il charge
with an OiTense which disqualiies him f.
the odice which he holds. Beyond Ia
they who have instituted these proceeding
do not pretend to look. Under these 81
cumstances it devolves on You to 50
whether lac hath not done the things whiC
are laid TO his charge.
ARGUMENT OF JUDGE BRIEN FOR THE ID
FENsE.
MAY i; please the court, ! do not al
proach the argument of this case Wlthot
feeling very great embarrassment not d
Ieed on account Of any misapprehensiI
~ part of the true points OF issue b
60 H. "ourt, but because ] distrust n
ability to pn. before your minds the lac
ana he rs.sons hat should guide you
judgment with that c., heS7 anu u'S.iil'
s ness in which they preseh. ''.,i' 49,
4 my own. The fact, also, that II,
this case are 80 utterly at variance " =
those that have been advanced on the 81,
Of the government, cannot fail to be an ad
ditional source Of embarrassment. Gei
tlemen have argued with zeal an
ability tlIat may he permitted 10 say woul
have become a better cause. | desire
' regard this matter with a calm aud di
u passionate Judgment, land am more COZ
c oerned 10 give a fair and gust exposition
the law than even 10 secure Your suirag
in confirmation Of the views and senl
ments | PROFOUND. ! would not perm
anv extraneous circumstances 90 intuen
me in the presentation Of these views al
sentiments. Even if my feelings of respe
and affection towards the defendant We
those Of a brother, ! would not say for b.
what thought wasnot entitled by the Is
of the case 10 say. Or If | had preludiC
against him, ! would not allow mys
any the more 20 insist on anything TO
detriment, that | did not think true.
have never in the whole course of nay Ia
in the investigation of a case like this
III, though in truth this Is the only case
prerisely this character that / have ey