Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-04
IMPEACHMENT.
TRIAL OF HON. THOMAS n. FRA
ZTER, JUDGE OF THE CRIMINAL
COURT OF DAVIDSON COUNTY,
BEFORE THE SENATE.
DAY.
Judge Frazier Impeached and De
posed from Office.

Judge Frazier Impeaehed and De-
posed from Offiee.
MONDAY, June 8, 1867.-The Senate
met as a High Court of Impeachment,
and was called to order at o clock-eigh-
teen members being present. Senator
Thompson was absent on account Of seri-
Gus indisposition. " rH .s-H
The President stated the question be-
fore the court to be on the decision of
the impeachment of Judge Thomas n.
Frazier, and it was now for the Senate to
come to Its determination.
Senator Bosom suggested whether the
court could proceed to judgment in the alb
sence of Senator Thompson. 1t was held
by counsel on both sides that it required
two-thirds of the whole court to convict
and in that case, the absence of one of the
members was immaterial.
After some discussion on points of gen.
eral interest, motion was made to pro-
coed to final vote.
Senator Mcfarland moved that court
sit withopen doors while the decision was
under consideration, which prevailed by
vote of l0yeas to 8 nays.
Senator Mcfarland desired that the vote
should be taken upon each article Of the
impeachment, and upon each charge con
tanned in said articles separately.
Mr.. Trimble cited precedents from the
cases of Chase, Peck and Williams, show
ing that the vote should be taken on each
article as whole.
After considerable discussion the court
article as a whole
The President then directed the Clerk to
read the first article of the impeachment,
which was done, and the President then
stated the question to be: as the respond
ent guilty, or not guilty." The roll was
called, aud the Senators who responded
guilty" were as follows:
Messrs. Aldridge, Bosom, Cate, Hall,
Keith, Mckinney, McElwee, Nelson,
Powell, Patterson, Senter Spence, Robin
son, and President Frierson-14.
Senators responding mot guilty."
Messrs. Carrigan, johnson, Mcfarland
and Smith,.
Messrs. Bosom, Hall and Powell, when
their names were called, stated that it was
a painful duty to vote afirmatiVely on the
guilt of Judge Frazier, but that they were
constrained to do so from a sense of public
duty.
Mr.. Smith said that he had read the ar
ticles Of impeachment, and patiently heard
and weighed the evidence given. He
thought the prosecution had failed to make
out the case; that while it was possible
that Judge Frazier may have erred in the
matter of law, yet he was surely innocent
of any corrupt or felonious design or mo-
tive. If we should undertake to punish
every Judge who may commit an error of
opinion or Judgment on the law, it might |
destroy our entire judicial system.
The vote was then taken on the second
article, with the same vote and result as on |
the first article.
The question was next staten to be, |
" shall the impeachment be sustained ?"
The vote being taken, resulted, fourteen to |
four, as above recorded.
The President then announced that the |
impeachment was sustained by the court, |
and that respondent had been found guilty, |
as charged : |
Senator Mcfarland moved that the |
judgment be confined to the removal of |
from Office, and not TO disqual- /
itication from holding office hereafter.
Senator Spence moved to lay the resolu-
lion on the table. After debate in which
Messrs Senter, Mcfarland and others, the
motion to lay on the table prevailed by
The same vote as given above.
Senator Cato offered a resolution to the
effect:
" Be 1t res0lred 10y two-thirds of the Sen
ltors sworn, that Thomas n Frazier,
Judge of the Criminal Court of the county
II Davidson and State of Tennessee, be re
moved from office as judge of said court
md be disqualified to fill any Office here
lfter ia the State of Tennessee and that
Judgment be entered accordingly.
The resolution was adopted, yeas IA
lays 4, as above recorded.
The President then rose and stated that |
e had voted to sustain the Impeachment |
rom a sense Of public duty, though ex- {
remedy painful to his personal feelings, t
nd concluded az follows: II
am constrained to declare Thomas n. [
razier, Judge of the Criminal Churt of
ne county of Davidson, removed from 8
hce, and disqualified to fill any office .
GREATER IN the State of Tennessee" "
The Senate soon after adjourned, to meet t.
Sain at P. NJ. The court will meet again | a
morrow morning n