Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-15
IMPEACHMENT.
TRIAL OF HON. THOMAS n. FRA.
ZIER, JUDGE OF THE CRIMINAL
COURT OF DAVIDSON COUNTY
BEFORE THE SENATE.
SEVENTH DAY.
Judge FrazIeE's Exceptions 40 Ssna-
tors Hall and Powell OyerFuled-
Toaf1vnnnv af Gau ThOuaaa

being present.
The journal having been read, Mr..
Eging suggested that it be so corrected as
10 show that the court was trying a qEes-
ton Of law and not of fact If the court
decided the exceptions sufficient in law,
then the facts wonld be passed upon
After considerable debate, the correction
was 80 ordered and made.
Mr. Trimble sent TO the clerks desk the
replication Of the managers on the part Of
the House Of Representatives to the eN-
ceptions to Senator Hall, which was read
AZ follows:
In the matter of Impeachment Of Hon. Ihos
n. FraZier-BeiOre the Senate OF the State of
Tennessee, sitting as a High Court OF Impeacb-
ment. And now come the managers on the part
of the House OF Representatives to conduct said
impeachment. and answer the exceptions taken
by the impeached to the qualification Of w. X.
Hall, Senator and say: That the quahfca-
tions Of the said Senator Hall have already been
adjudged and determined by the Senate Of the
State Of Tennessee and having been so deter
mined, cannot now be raised. OfWhch res Ju-
dicdfn they are ready to prove.
Mr.. Trimble: If the court please,
don't know that We can add anything to
the argument We made yesterday. At all
events, ] will detain the court but a few
minutes.
Mr.. Ewing: Mr. Trimble, / don't wish
to be guilty Of the indecency of presenting
to You anything by which you will be taken
by surprise. But would wish to call your
attention to section 797 Of the Code, which
involves principle that applies to the
present case and may safely be taken for
our guidance:
7g7. Any office in this State is vacated
l. BY the death OF the incumbent.
|. BY his resignation. when permitted by law
3. By ceasing TO be resident Of the State, or
Of the district. circuit OF county for which he
was elected or appointed
Again section sol of the Code is to the fol-
lowing effect, and which it will be seen di-
rectly bears on the present issue:
s0l Notice of the removal Of any officer from
the state, or from the district, circuit, county
for which he was elected or appointed, shall be
given by and 10 the same officers notice of his
death.
Mr.. Ewing also read sections 10 and 10
Of the second article Of the constitution, az
bearing upon the question at issue, As fol
lows:
Sec, 10. No person shall be Senator unless he
shall be a citizen of the United States of the age
Of thirty years, and shall have resided three
years in the State, and one year in the county or
district. Immediately preceding the election
Sec. u. When vacancies happen in either
house, the Governor for the time being shall
issue writs of election to I'LL such vacancies.
Mr.. Trimble l admit that that Is a
statute that does not bear on the case. A
Senator holds his position under the con-
stitution of Tennessee, and not under an act
of the Legislature The statute applies to
ofice-holders, and a Senator does not
hold office. That statute refers TO civil
Offices, and vacancies that shall occur
in civil Offices But Senators hold their
ofiice-rheir term Of office-according to
the provisions Of the constitution of the
State Of Tennessee. No act of the Legis-
lature can add to or take away this quail,
| 6cation. call the attention of the court
to the fact that Senators elected under the
constitution of this State come with their
| credentials and these are accepted The
case Of Senator Hall was specially adjudi~
| Gated on AT the commencement of the
! session Of the Legislature 1t was ruled
that he had the qualifications of a Senator
| in the Senate Of Tennessee. The question
was argued il was adjudicsted and settled.
| Your Journals show these facts. The
| Senator having removed his family
to Columbus, Kentucy, came like an
| honorable, high-minded man and stated
the facts to the Senate, but so far
| from wishing him to resign, he was adj
| Judged, Notwithstanding his removal to a
| sister State, TO be entitled TO hold his seat.
| There is no provision which makes the
Office Of the Senator vacant because he has
| left his district. Then Senator Hall I'M
! doubtedly is 4 Senator, and as such is enti-
| tied TO be member of this court. The
| question which was raised the other day
admitted the senatorship OF the Senator OF
Knox and Roane Or. Frazier.) But at
the same time it was denied that he was
| qualified, by reason of his relationship TO
the impeached. We grant the right OF
| counsel 70 TIE exceptions 10 individual
| members Of this court, but not to call in
| question the senatorship of any individual
member Of this court. Why, sir, take the
analogous case of the Supreme Court.
| These Judges are sitting under the commits
| sion Of the Governor of Tennessea Sup
pose man il put on trial for murder and
/ treason, could the court be restrained from
| irving the case by the objection of the cul-
! prit taking exception TO one Of the Judges
| as being disqualified TO sit on that court
| Or suppose the case of Judge lieeing from
| the State Of Tennessee into Kentucky for
fear Of assassination-a thing that has oC-
| Cured in times past. Because he was
thus driven by the force of unforeseen and
| uncomfortable events from the district in
which he was accustomed to exercise Judi
cial functions, is he become disqualified by
that fact from sitting on the iudgment-seat
No man in his reason would take sc
moHstrous a position. II Senator Hall wa;
elected senator, he continues n Senator
for two years, and the Legislature cannot
hv any act deprive him of his office. lftlre
question umy be raised on Senator Hall
il NAV be raised on any other Senator, and
the right Of any and every Senator TO sit on
the court Of impeachment, might have tC
be established after the severest sitting, be
fore the trial of impeachment could pro
coed. Can the gentlemen produce a single
authority or precedent by which such 4
proceeding receives the last degree at sup
port or sanction? am sure they cannot
II is something quite unheard OF, that the
accused should be permitted 70 take ex-
ccpiion 10 the qualifications of has ludge As
| Judge.
Mr.. Ewing Il would have been very
| well the other dav, IL seems t0 me, If the
gentlemen had recollected what they urge
40 strongly TODAY. The constitution alon,
fixes the qualifications of a member Of the
court. This was our doctrine and We in
sisted that neither the statute nor the com
mon law, nor precedents in other imPesch
menis, could interfere with the provisions
made by the constitution OF the state as "a
who shall be Judges in case Of impeach
ment. We maintained that any and every
man was competent who was 4 Senator
but when they thought proper TO object e
one who was and who Is 4 member OF th'
Senate, on the score that he was a brother
of the defendant, we replied that Their
was no such provision in the consuiuu ol
of Tennessee. Now we have had 1t ad
Judged in this case that we NAV look out
the constitution 10 see who are members o
the court, and availing ourselves Of ih'
principle thus laid down and acted on, vi
also come % investigate the claims Of mem
bers Of this court to sit on the trial Of thu
case We DO no; say Of those 10 whom ",
except thst they arc not Senators that )
a matter for the Senate 20 determine 70
themselves; the Senate alone Is Judge 9
the qualifications OF its members, 50 that
gentleman who is a member OF that bod
Sands in the attitude Of a judge Of court