Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-19

spent whole night In investigating the
privileges of the House of Representa-
lives. I heard no special depreciation
of any conflict that might arise from
the course taken by the refractory men,
bers or those that sued out the
writ I think, considering the state Of the
public mind, that if Judge Frazier had
been arrested there would have been very
serious conflict. The public papers PAN
dered to that spirit. Some two, possibly
three of the papers issued daily were char
acterized by a spirit Of violence. do not
know whether Judge Frazier took the pa
pers. They we're generally read. There
was one, perhaps two that rebuked the feel
ing. There was German paper of this
character. / did not understand the Ger
man language well enough to read it readi
ly. There was a prepared opinion that
was published. The papers criticised this
opinion good deal. / thought there was
some passion and a good deal of prejudice
in their criticism. | remember | was
charged with the Banner of taking money
from the poor widows and orphans in con-
seQuence of the fee | took from the Legis-
lature. The Banner spoke oft, i'll remem-
Der, as hundred dollars worth of legal stu
pidity. 1t was by the frmness of the Le-
gislature that these violent psrtizans came to
respect the action of the General Assembly.
do not know that there was a condition
Of anarchy. A spirit of opposition had pre-
vailed that would have resulted in anarchy
and confusion. sas seldom about the
Legislature. 1t struck me that the conduct
of the Legislature was radical and firm.
cannot say there was so much "modera
ton" as radicalism and frmness in their
acts. My attention was not called to any
special regulations Nothing was left un-
done by the Legislature, so far as / know,
to prevent violence in their return to the
writ
Cross-examined by Judge Brien: When
/ first came TO the courthouse, | had the
answer to write, and / offered that soon
after got there. That was prepared in
consultation with Mr.. Arnell. 1t was
drawn, think, in my own handwriting.
The resolution was passed in the House as
to what the answer should be. That resolu-
tion was returned in the return to the writ.
/ recollect that Mr.. Carey was sent over TO
the court at my instance, in advance of
myself, probably because | was pre-
pairing the return. | do hot know
what occurred when he made an appli-
cation for posiponement. | do not recOl-
lect whether l made an application for
pOstponement after / got over there. The
case was postponed at my suggestion, |
think, or that of Mr.. Carey, to two O'Clock
in the afternoon. | am not sure, however.
No application was made for postpone
ment, so far as | know, except from the
counsel for the House of Representatives.
The necessity of Mr.. Trimble's having to
urge it was at my instance, not at the in
stance Of the Judge There was a disposio
ton on the part of the counsel to proceed
with the case aud Mr.. Trimble urged its
postpOnement | do not think the Judge
said anything about it. think, on hearing
| both sides, Judgl Frazier adjourned, in
| conformity with DR. Trimble's suggestion.
| The main question before the court az |
1 understood ii, was whether the party was
legally detained in custody. The main
1 allegation was as to whether the House of
i Representatives had been authorized by
law to compel the attendance ofitsmembers
L The argument also was made that these
men, being not on the floor of the House,
but in a committee room there was no
4 Quorum. 1t was maintained that as there
was not twO-thirds quorum present the
arrest of these mer was illegal. There
/ was a greater manifestation of interest in
these proceedings than in any trial | have
ever witnessed. Judge Frazier rebuked the
assembly, Immediately any manifes-
iaiion was made of applause The news
papers were calculated 70 excite the public
mind. The Press and 7gmesI thought was
too incorporate. did not think that any
Of the papers were dealing with the ques-
tion in that spirit of moderation and
sobriety which the gravity of the case and
the magnitude of the interests at stake. de-
manded. Judge Frazier stated that it was
purely a legal question with which politics
have nothing to do. And he said in sub
stance, that he hoped that counsel would
refrain from introducing exciting topics
into the discussion. There was very little
in Judge Frazier's manner that | could
except TO. think, perhaps, it would have
been better if he had excluded some por-
ton Of the crowd from the courtroom OF
have fined some forty or fifty of them.
The people were requested to be quiet that
they might hear both counsels. think !
have known Judge Frazier either person.
ally or from reputation about fifteen years
| was then Clerk and Master of the Chan
eery Court Of Pikeville. Ny acquaintance
with him has not been very intimate.
have seen him frequently since he removed
to Davidson county. His character has
ever since / knew him, been that of con.
sciendous upright man. l can only speak
| of his general reputation. think he is
regarded in the community as an honest
| upright man. | think they were engaged
in that case altogether about four or five
DAYS including the time Judge Frazier had
/ il under advisement. think Judge Frazier
il not partisan in his structure, and that
| he is a quiet, upright man, not inclined tC
/ mix great deal, OF figure in political as
semblies orcaucuses. In all my intercourse
| with him do not recollect his introducing
| politics. ! have understood him to be
firm uncompromising Union man. | q,
not think it is considered as a crime or
grave offense for a Judge 10 make falls,
decision on a point of law. The Supreme
| Court in reversing it does not regard il so
| 1t is we'll settled and conceded point tha
writ of hdbedS corpus is a matter of righ
| whenever a man states that he is illegally
deprived of his liberty. A Judge has NJ
; | discretion as to whether he shall issue tn
writ when an allegation is made of thi
character in the petition. The argumen
was made that there was not a quorum c
, the Legislature present and that therefor
the arrestofthese men was illegal and unau
| thorized. Wetake the position that the Hous
of representatives had power under thei
rule to compel the attendance of these meI
and 10 hold them there at the bar of tn
House 1t was held on the other side this
there was not a quorum so asto justify thi
action.
Re-examined by Mr.. Trimble in tn
} court room The bar was divided off fror
the other part of the hall. The crowd va
inside the bar. 1t was tolerably warm.
suffered good deal in speaking. do nc
know of the crowd breaking through.
, | think there were some members of th
legislature inside the bar. ! do not kno
what wss Judge Frazier's animus toward
+ the Legislature. ! regarded him as what
commonly called Conservative Unio
man. Mr.. Trimble-and that is a corporal
, guard for the Democratic party, is not it
Nitness-I can't say that much. We il
sisted that these men were members of tn
General Assembly then in session, an
therefore. on the face of it the petitio
} ought TO be discharged forthwith, for othel
wise, the Legislature eau hold no ind
pendent position.
TESTIMONY or J. c. MARTIN.
Jas. G. Martin, of Bedford county, va
sworn and examined by Judge Patterson
, | ,-.s IN Nashville IN lnly lSR6 | W