Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-08

counties Of Rutherford. Davidson, and Mont
gomery and subsequently this district wa
changed, 50 as 20 be composed Of the counties o
Rutherford and Davidson and By a vote Of tn
people on the 22d day oi February, 1866, he wa
confirmed in said Office. and that as such Judg
he was exercising the functions Of said ofdee OF
the 4th day OF July. 1866. and subsequent to tina
time. Respondent admits that by proclamation
Of date June 18th, 1866, His Excehency, Wm. q
BrownloW, did call the members of the General
Assembly TO meet in extraordinary session at thi
State House in the city Of Nashville. on the 4tl
day Of July, 1866, for the purposes mentioned
in said first article Of the bill Of impeachment
Respondent says that he is informed and believe
that, on said lth ef July 1896, many Of the mem
bers Of the House Of Representatives didso meet
but that the number so assembled was less thar
q quorum Of said House; and that. on no dal
between said 4th Of July and the llth day o
said mouth, did more than fcrty-nine member
Of said House Of Representatives assemble, o.
answer to the call Of the roll of said House. HI
further admits that on the said llth day 0f July
1861 the resolutions set out in said aFteies Of i'm
parchment were voted upon ana passed BY tb,
members 80 assembled. being, as before stated
less than quorum OF said HOEse.
Respondent dos not know. nor is heprepared
70 admit, upon what articles of the constitution
ei the State said resolutions were based, mol
does be know anything of said rule No. IA, MOI
does he remember Of ever having seen the lat
ter, or known Of its existence, until he saw il r
ever before been called TO his attention, he now
fails to remember it, Respondent. further an
swering. says. that the first time be ever knew
either Of the persons, to-wit: A. J. Martin
Pleasant Williams. or William Heydt. or Their
relative relations TO the government as charged
was iE the manner following, and by the papers
hereafter shown, in which their names and Off
ees are stated. Respondent says that en- the 10th
.daysof July 1866. petition was presented tc
him, as Judge aforesaid for writ of kdbeGs corr
D's. as follows, viz:
10 he Hon. Thomas ~ Frazier, .Jldge, ETC.
Your petitioner. Pleasant Williams. citizen Of
Carter county, IN the State of Tennessee, would
show unto your y HOnor that he is member of the
Legislature of the State Of Tennessee, being
q member of the Lower House that on the 18th
day of May 1866 the said Legislature adjourned
over to the first Monday of November, 1886. and
in so doing. by It's own adjournment fixed the
time of meeting. Since that time-that is since
the adjournment-Iiis Exeeliency, W g. Brown
low. by some sort Of proclamation, has under
taken TO convene the Legislature; and under
said proclamation, some of the members came
together but failed 70 get quorum, and up TO
this time, have not had quorum. Said mem
beTs, being less than quorum, have undertaken,
through one Wilma Heydt. to arrest, and have
arrested. such members as were not present and
on the 18th day of the present month. one Thomas
Frame. in company with negro, whose where
abouts is not nov known, came TO the house of
petitioner, in Carter county, Tennessee. and
claiming To act under and by authority
of said Heydt. arrested petitioner and
brought him 10 the city Of Nashville,
where he is now held illegally by said Heydt
and Frame; that said parties Heydt and Frame,
actually, now have petitioner under arrest, and
claim the right 20 hold him as a prisoner And
therefore. petitioner AYERS:
LIST. That he is illegally deprived of his liber-
ties by the parties aforesaid.
I'd. Petitioner states that, according to the
best information he has. he was arrested by au-
th0rity Of resolution passed by the members
of the Legislature, or some of them who came
to the capitol under said proclamatiOn-a olpy
of which is here given, as follows, TO wit:
Resolved, That the Speaker be directed 20
issue warrants of arrest for Messrs. Martin, Rep
resentatiye from Jackson county; Brittle. from
smith; Porter, from Henry; Marable, from
Benton and Humphreys; DunnaWay, from Bed
ford; Foster, from Hamilton aud Williams
from Carter, refractory members of this House
and that Capt. Heydt, as sergeant-at-arms, be
authorized TO employ such assistance as may be
necessary 10 carry into effect the orders of this
body, and that said seTgeant-at arms bring such
members before this House, to answer for their
disorderly conduct and contempt of this House
Sd. The legality of this restraint has not al
ready been adjndged upon prior proceeding of
the same character of this, to the best Of petit
TONERS knowledge and belief.
'4th This, the first application for the writ Of
said william Heydt and Thomas Frame, both
of whom are now in Davidson county. in the eifr
Of Nashville, BE made defendants ana required
TO answer this petition. and that the writ Of
your Honor. that justice may be done in the
premises.
[Signed ] pleasant WILLIAMS,
By j. u. CARRIGAE.
STATE OF TENNESSEE, DAVIDSON COUNTY: This
day personally appeared before me, the under
signed, Judge of the Criminal Court for the
counties Of Rutherford and Davidson. in said
State Joseph Ct. Carrigan. as agent Of the Pc
titiOner, Pleasant Williams, in the foregoing
petition. aud made oath that the facts as there
in stated are true, 10 the best Of his knowledge,
information and belief. j. g. CAERIeAN.
Sworn to and subscribed before me, this 10th
day Of July 1866.
THOMAS N. FRAZER, Judge.
And thereupOn, the respondent issued the
writ, to-wit
STATE OF TENNEssEE-To the Sheriff OF
Davidson county, Tennessee You are hereby
commanded TO summon and command VIM.
Heydt and Thomas Frame to bring the body of
Pleasant Williams, with the cause OF his deten-
ton, before me at o'clock A. NJ, on the 18th of
July, 1866, at the courthouse, in the Circuit
Court room, in the city of Nashville, Davidson
county, Tennessee, that his case may be dealt
with as the law directs; the petition of said
W illiams, sworn TO- having been presented TO
me, in which it is alleged that the said Heydt
and Frame have him, the said Williams, in Gus
tody and confinement, under an arrest, and hold
bim as a prisoner uniawfully. You, the said
sheriff, shall read and make known to the said
Heydt and Frame the contents Of this writ and
you, the said sheriff. will have this writ before
me at said time and place, with return thereon
Of your doings in the premises This the 10th
1sy of July, 1866.
tciGne1sl THOMAS N. EAZIEht JuuR6. etc.
That he knew nothing more of said Williams
Or the cause of his alleged Illegal confinement
and restraint upon his liberties than is in said
petition stated. Said writ was issued to the
Sheriff of Davidson county, and on the follow
ing day was returned by said .officer, endorsed
~ follows, ta-wit:
suited same day, on William Heydt by reading
10 him the within, and Thomas Frame is not to
e. f. PATTERSON, Sheriff"
And thereupon, said Heydtnot appearing, and
laid Williams not appearing, said Heydt, BY his
counsel made the following return to said writ
RETURN or WILLIAM HETDT.
William Heydt makes the following return
Ia the writ of hdbeds coLpue sued out before the
Hon. Thomas n. FrazieT, Judge. etc, by Z.
W Williams together with the cause for not bring
ing the body of said p. Williams. That respon-
lent is an officer being the sergeant at arms Of
the House OF Representatives of the General
Assembly of the State Of Tennessee that on the
l4tb dsy Of July. 1866. be arrested the petition
er. who is a member Of said House Of Repre-
sentatives being a Representative from the
county of Carter. in said State, under the au-
thority contained in d warrant issued by the
Speaker Of the said House Of Representatives.
on the llth day Of July, 1866, copy whereof IS
annexed hereto, and made a part hereof, mark ed
"a } which was issued in pursuance OF n resOlu-
tion adopted on the llth day Of July, 1855. by
said HOuse Of Representatives., n certified copy
whereof Is herewith returned and made part
writ Of haBefs corpus was served on respondent,
he had, in pursuance Of and in obedience 70
said warrant Of arrest issued by the said Speak
er Of the House Of Representatives, made return
of said warrant, through said Speaker, 10 said
House Of Representatives, then in session; and
the said House Of Representatives, after the
service Of said writ. 20 wit. on the 18th day oil
July, 1850, adopted resolution, a copy whereof
Is returned herewith, marked CO. containing an
order on respondent 20 continue under arrest all
Of the said House of Representatives
detained BY respondent, under the resolS Stion d.
recting said arrest until otherwise ordered BY
the said House Of Representatives. and respond
ent returns that fact. together with the Tact that
said petitioner is not in the custody OF respond
ent, but held by the said House OF representa-
tiyes, as the cause for not bringing the body Of
the said Williams hefers the Judge To whom this
WILLIAM HEYDT."
Sworn 10 and subscribed before me thu, 18th
Julv 1850. DAVID G. LOVE-. Clerk.
BY J. +. HIDE. ID. c.
a.
"SPEAKFRs R0oM, HALL OF The HOUSE, OF
REPREsFNTArIyFs. NASHVILLE. Tenn, July II,
lsG6-Io Captain William Heydt. Special Ser
OF the House of Representatives;
on are hereby chsrgod with the proper exeeu-
ton of the following order. this day made by the
members present, Of the House Of Representa-
tivSs. You are required TO make due return Of
the execution Of the same through me, 10 the
House Of Representatives now 10 session.
Given under my hand and seal, the day snd
wear aforcsaid MILAN HEIsKELL.
Speaker Of the House Of Representatives"
tBl
Resolved By the House Of Representatives,
Of the State Of Tennessee, Thst the Speaker be
directed 20 issue warrants 81 arrest, tor Messrs.
Martin, Representative from jackson county;
Brittle. from Smith county Marsbie, from Ben
ton and Humphrss counties; Porter, from henEy
couuty; Brown from Madison county; M. =. W +.
Dnnusyvay. from Bedford county; Foster, frem
IL e