Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-15

has been s. Senator to U.s. We say he is
not competent under the constitution OF
Tennessee to sit in this court to decide this
| question.
The President Is the court ready for
the question? The question is whether the
exceptions to Senator Hall, to wit, that he
is not a competent Judge of this court. be
well taken.
The court was then cleared for delibera-
ton, and after short session, the doors were
thrown open, and the clerk read the vote
on the question, which was ayes Is, and
noes none, Senator Hall being excused
| from voting.
So the court decided that the exceptions
of the defendant to Senator Powell, which
was read as follows:
In the matter of the impeachment of the Hon
Thos. N. Frazier-before the Senate of the State
| of Tennessee sitting as High Court Of Impeach-
! ment: And now come the managers on the part
! Of the House Of Representatives TO conduct said
| impeachment, and reply to the exceptions taken
| by the impeached to the competency of Hon. J,
| Powell, Senator, etc, and say that the reasons
alleged in said exceptions are insufficient in law
| to disqualify the said Senator Powell from
sitting as one ofthe Judges of this High Court Of
| Impeachment. Whereof they are ready TO show.
Mr.. Gaut We do not intend to argue
that question any further.
Mr.. Trimble: We only remind the court
that the rule of the case was cited the other
| day in the case of Judge Pickering, before
| the Senate of the United States. Two
members of the court had been members oil
the House which had gotten up and voted
for the impeachment Of the impeached, a
vubsoh ,,rliaH The &
| opinion in reference to the question to be
| tried, but the court decided that they were
competent to sit on the trial.
The court was again cleared, and after a
| brief session the doors were thrown open.
and it was announced that by a unanimous
vote Senator Powell being excused from
| voting the court decided that the excep-
lions TO Senator Powell were not well
| taken.
Senator HALL feel it due to myself as
well as to the public that / should have
! entered on the minutes statement of nv
position since l have been a Senator of
| Tennessee. ! would ask the clerk to read
my statement, as believe it may be neces-
sary for my protection in future.
Mr.. Trimble appealed to Senator Hall
to withhold his statement until tomorrow
morning, as Gen. Thomas was here rs a
witness, and it was desired to examine
| him, since it was necessary for him to re-
| turn to Louisville this evening.
Several Senators appealed to Senator
Hall to withhold his statement for the
! present. -
Senator Hall then withdrew his re-
! quest
1 l.. i l. Il
trials before impeachment courts, to re-
duce the testimony to writing. | suggest
that one Of the reporters present be en-
ployed to take down the testimony and he
sworn in as an officer of the court.
A resolution was offered that H. NJ.
Coburn be employed as reporter of this
Court of Impeachment, and that he be
duly sworn in az such, and receive such
remuneration for his services as the court
shall think proper.
The resolution was adopted by 10 ayes
| against 4 noes, and Mr.. Coburn was sworn
| in.
Mr.. Trimble stated that Gen. Thomas
was in the library waiting to be examined,
and that itIwas necessary that his examina-
| ton should be proceeded with forthwith,
as he was compelled to return to Louisville
| this evening, and that if ii were not for this
| the prosecution would have begun by read
| ing the proclamation of the Governor for
the converting of the Legislature on the
| 4th of July, 1866.
| Gen. Thomas being sworn, was examined
by Mr. Trimble.
GEN. THOMAS TESTIMONY.
Question you in command OF
| this military division as Major General, in
| July, 1866? Answer.-I was.
Q.-Where had you your headquarters
A.-Here in Nashville.
| Q.-Were you here on the 4th of July,
| 1862. Al was.
Q.-Do you remember Gov. Brownlow' $
| proclamation converting the Legislature
Al do.
Q-Were the members of the Legisla.
ture in the habit of calling on you? A
Sometimes / more frequently saw them
in town.
| Q. What was the state and temper of
the public mind at that time, as far as you
can Judge here in Nashville?
Mr. Ewing: May it please the court,
think that this has nothing to do with this
case. Whatever may have been the state
of public feeling, that is not matter Of
any material consequence as bearing on
the merits of this case.
Mr. Trimble: We think. it material to
put the picture as it happened, before the
| Senate.
Judge Brien: 1t certainly can be a mat
ter of no Importance whatever what any
body's opinions or convictions might have
been about the State of public feeling al
the time in question. The defendant can
not have been responsible for that State Of
public sentiment.
Mr. Trimble What l desire 10 state i;
fact. The temper and condition of The
city at the time in question is 4 fact Such 8
temper and disposition did prevail here a,
threatened to break up the Legislature.
Judge Brien: snppsee, Mr.. Trimble
that if that was pertinent question there
would be no objection TO its being put
But certainly its pertinence is not apparent
What connection is it claimed exists be
tween the state of public feeling and any
act alleged against Judge Frazier?
Mr.. Trimble: If we fail to show Judg,
Frazier's connection with this excited state
of public feeling, then he will come on
unframed and untouched by this trial.
| lie Nbuli iCIt NttllSh Nv NOlt %
thirteen to six that the question was
proper one to be put to the witness.
On its being repeated by Mr.. Trimble
General Thomas answered There wa
considerable excitement"
q. What were the sources of your in
formation as to the state of public excite
ment at that time? A. gathered it prin
cipally from observation, from converse
tons with persons and from the newspa
pers Published here.
Q. From what did you derive your i'm
pressions of the public temper then pre-
vailing? A. The comments of the paper
were very severe on both sides, and 81
we're the remarks of persons who converse,
with me.
Q. Is that the full reply you wish L
make? A. Yes.
Q. 1t was your duty to preserve order
was it not A. 1t was my duty TO see tina
there was no open outbreak against tn,
government.
Q. hid Gov. Brownlow, while the Legis
lature was in session, apply 10 you any wa,
for aid to execute the law
Mr. Ewing We object to that. We "a
that what Gov. Brownlow did is not peril
nent to this point.
Mr. Trimble 1t is material, l think
that tn. Governor Of the State should hav
applied TO Gen. Thomas to aid him.
Mr.. Ewing Whatever was done b,