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

this trial. For this arrangement pTecluded
a wondering eye, and the sight of the de-
fendant, perehance, might not only have
seemed to him a silent reprOach of the I'M
generous spirit in which his words were
conceived, but might have caused him TO
a5ate somewhat of that herceness Of in
vectiye and denunciation which he had
promised himself the luxury of indnlging
in.
What then is the case before this court,
and what has the government Of the State
done in order TO bring this case to an issue
IT Is a case of Impeachment by the State Of
Tennessee against one Of its judicial Off
GERS The State Of Tennessee has taken
extraordinary pains that this shall be fully
and freely investigated, and has not only
adopted all ordinary means of prosecution
by appointing three managers to conduct
the prosecution, but the State, in its anxiety
to do right, has employed four learned and
distinguished counsel TO assist them in this
business. Perhaps, if they had hunted
over the whole United States, better Sc
lection for this prosecution could not have
been made. rsF.
Although, as you see, l am young man,
vet my modesty will scarcely allow me to
appropriate to myself the full measure of
the compliment which the counsel who has
Just sat down has paid to all those who are
included in that category. Oh, If Writ,
and Lord Erskine, and Daniel Webster,
had been here, how would they have had
their heads as they heard age and old fogy-
ism decried and youth and young America
extolled-the former as being the synonym
of folly aud dwelling imbecllity, and
the latter of almost supernal wisdom and
boundless knowledgel How would these
antiquated celebrities have felt ashamed
that they knew 50 little, while we know so
much | confess this took me little by
surprise, for | have been unable, in
nay blindness, to discover that they
have yet many superiOrs among even
the most youthful of our legal luminaries.
This idea of progress reminds me OF
tale j have heard Of an old man and
woman-lady and gentleman, | should
have said-who had an only son, whom
they sent to college. At the end of the SEES
sion the youngster came home to enjoy his
vacation. One day at dinner a couple of
pigeons were among the dishes that APP
peared on the table. Says the son, expect
ing no doubt to excite the astonishment,
and perhaps the admiration, of the old
fogies whom he called "father" and
"mother"-says he, 81 can demonstrate,
on mathematical principles, that there
are three pigeons on that dish. ooh !"
said the old gentleman, can you ?"
Yes. Don't you call that one? Z"
"Yes, certainly" And don't you call
that two?' Certainly | do" replied
the father. "Well now" said the young
Eter, with an air of triumph, dom one and
two make three?' That's so, admit it
is" said the old man. Well then, that
being the case said the old fOgy, I'll take
number one, and you wife shall have num-
Der two, and let our son have the third for
his share of the pigeons" Now, l incline
to think that our modern improvements on
Erskine, Writ and Webster, are about as
great as this newfangled mathematics is on
the antiquated arithmetic of our fathers.
What is the case which you have to try ?
Judge Frazier is charged before this hon
orable court with having, in violation Of
law and in contempt of the rights and
privileges of the Legislature, attempted to
break up that body and to interfere with a
coordinate branch of the government OF
| Tennessee. The question to be tried is,
did Judge Frazier do that very thing
| Now it really does not require any great
research to determine that. Yet the gen
tleman took up two hours and half yes
terday in proving that the British PaTia-
| ment, the courts of law, the houses oil
Congress and the State Legislatures could
punish persons for contempt. A posi-
ton that nobody has controverted for
the last two hundred years. We never
have controyerted that point, that the
Legislature Of Tennessee has power to
punish persons for contempt. What Is
meant by three coordinate departments o.
the government? 1t is claimed for the LIE
gislature that it is omnipotent in its depart
ment, and that any interference with it Is 8
violation of the principles of government
And in what, i ask, consists the peculiar
functions of the Legislature? | answer, IL
the enactment and passing of laws not tina
no other department can control it. Even IL
this matter Of making laws, the Legislature
is not absolutely uncontrolled; but wher
the laws are passed, they are put int
the hands of the judiciary for the purpos'
of seeing first that they are in accordance
with the constitution, and then to be en-
forced in the maintenance of the rights anC
liberties of the people of the State. AnC
then the Executive comes in to carry on
and ex ecute the sentence and decisions 0
the courts. Taken in that obvious view
what a beautiful and harmonious system
it is! Thus the functions of these severa
departments are clearly defined, and one
cannot encroach on the prerogatives of the
others. but all have a mutual dependence
among themselves. Because a balance wa
to be created and a check supplied, becaus
it was foreseen that the members whC
should act in their capacity as legislator
( were not infallibie and might commit er
rors, the Supreme Court, 10 whom shout,
be referred in certain cases the acts Of tn
Legislature, and to whom should pertain
the power of pronouncing on the constltu
: tionality and validity of the acts of thl
Legislature. And when a law is deter
mined by this Supreme Court to be uncon
stitutional, il has no more force than if
! had never been passed by this omnipoten
| power, the Legislature. 1t does not indee
+ assume to interfere with their making {
: laws, but simply claims the right and tn
! power to dis-annul them if they be uncoT
: | stitutional.
Y Now, this Legislature was convened un
4 der an CONSTITUTION 10 our CoiiSlttutiOi
That amendment was passed by a cOnven
ton assembled at Nashville. In that con
siitution provision is made for the Assem-
bling Of the Legislature and it met and aC
r. iourned to November In the interim TIA
Governor called an extraordinary session
+ The Legislature, you will observe, had ad
n iourned, not sine de, but to meet on a give
= day. The question might be made, but
y do not intend here TO discuss it, whethe
: when the Legislature had adjourned sil
r die. il would not be necessary for Oh
= Governor to issue his proclamatio
o calling il together, and whether this VI
n not the only case under which he couI
b convene the Legislature by proclamation
: In the present case they had not adjourne
',s die. There was no need, therefore,
Lila, en together by proclamation. SUI
/ n,s;ng the Legislature were TO adJour
/ fron, Saturday n Tuesday, if the Govern,
l,p,, the power claimed for him migl
p he not by proclamation compel mem
T. meet on Monday? But | ci"e MOI aD :,
I that. will let his right to convShe u
3 legislative body Of the State pass uac''s
! lenged.
& They were called together-they d
. / -, - H.. o.r,a Of thaun Sama of Nh