Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-07
THE IMPEACHMENT OF JUDGE
FRAZIER.

FRAZIER.
The senate Meets as a Court 20 Try ths
CaSe-The Preliminary PrOeeedings
and the Articles of Impeachment
The Answer 10 be Presented. To-day
The House Of Representatives having
preferred articles Of impeachment against
Hon. Thomas n Frazier, Judge of the
Criminal Court Of Davidson county, or
the llth Of February, 1857 and the Senate
having resolved itself into Court of I'm
peaehment Cor the trial Of the same, az it:
adjournment on the lIth of March, 1857
and adjourned 70 meet as such court on the
9th Of May 1867, assembled yesterday al
noon in the Senate chamber at the Capitol
On a call Of the roll seventeen Senators
answered, a. follows Messrs. Bosson, Cate
Carrigan, Frazier, Hall, johnson, Keith,
McElwee, Mckinney, Nelson, Patterson,
Powell Senier, Spence, Smith, Thompson,
and President Frierson.
The following counsel for the State APP
peared and took their seats Messrs
Horace Maynard, John Trimble and n
A. Patterson.
The following members of the committee
on the part Of the House, as sponsors for
the prosecution appeared Messrs w. j.
Smith. Wilson, Duggan and j. A. FHson.
Messra Edwin IL. Ewing, +. III. East,
John S. Brien, and John c. Cant, appeared
as counsel for Judge Frazier.
A quorum being present the court pro-
ceeded with the case. The preliminary
proceedings were read in full The facts
in brief are az follows The House having
met in extra session and being without a
quorum, authorized the sergeant -at-arms
hy resolution. on the nth Of July, 1866, to
arrest certain absent members and bring
them before the Honse TO answer for con.
tempt Capt. lieydt, the sergeant alarms,
performed this duty by arresting MeRsrs.
Williams and Martin. Upon their arrival
here these members sned ont a writ Of
Labsas corpus before Judge Frazier, of the
Criminal Court of Davidson county, and
after hearing, were ordered to be released
from custody. Therenpon the House OF
Representatives on the oath Of July, 1866,
adopted the following resolutions Of i'm
peachment, after reciting the facts:
Resolved by the House Of Representatives
That the conduct of the said udge Il. N. Fra
zer was gross and unjustiiiable violation Of the
high and indispensable privileges Ofthis House,
and merits prompt and decisive means OF punish
meut.
Resolved u. That the Speaker Of the House
of Representatives be directed TO serve proper
notice upon thesaid Judge 7. n. Frazier. and
said sheriff Of Davidson c9unty. and said posse
comifoiits. 10 appear before this body ON the
second Monday in November. 1866. when and
where 10 answer such CHARGES as may be brought
against them al said time.
Resolved 3d. That In case of lailure or refusal
of the Speaker ufthis House Of Representatives
20 perform the duty required Of him by the tive
resolutions. within ten days from and alter the
passage Of these resolutions the serReant-at-
arms. Captain fleydt, he and is hereby author
lied 20 serve said notice.
Nothing was done under this resolution,
but on the 29th of January, 1867, the fol-
lowing additional resolutions were adopted
by the House:
Received by the House of Representatives
That Thomas y. Frazier, Judge Of the Criminal
Court of the county Of Davidson. and State OF
Tennessee, be and he IS hereby impeached OF
high misdemeanOrs in Office: which high misde-
meanors require his disqualification.
Resolved, That the Honorable Senate be in
formed that the House has impeached Thomas
n. Frazier, Judge OF the Criminal Court of Da-
wilson county. for high misdemeanOrs in Office,
requiring h' disqualification; and will, IN due
time by its managers, present special articles OF
impeachment, and demand that the Senate take
order for the apprehension and trial OF the per
son above named 20 answer said impeachment
three Of its members to prosecute said impeach-
ment as provided in and required Ivy the cOn7ti-
tuition Of the State Of Tennessee.
At the same time articles Impeachment
we're presented, and ordered to be commu
nicated to the Senate, as follows:
ART1cIEs or IMPEACHMENT
Exhibited by the House Of Representative Of
the State Of Tennessee for themselves and on
behalf Of all the people Of said State, against
Thomas n Frazier, Judge OF the Criminal
Court Of the county Of Davidson, 40 said state
Of Tennessee in maintenance of ths.r impeach
meut heretofore prepared against him tor high
crimes and misdemean0r5, requiring nis dis
ARTICLE l. That the said Thomas n Frazier
was prior 20 the 9TH day of July, A. ID. 1866
and ever since has been, and still IS. Judge Of
the Criminal Court in ana for the county o.
Davidson and State Of Tennessee.
That the General Assembly OF the State OF
Tennessee di ?, on the 4th day Of July, A. D.
1896 meet IN extraordinary session pursuant tO
the proclamation Of ais Excelieney,, William q
BrowulOw, Governor OF the state OF Tennessee
of date June 18th, 1866, at the State House al
Nashville the capitol Of said State, which extra
ordinary session was called in pursuance OF the
provisions of the constitution Of the state, FOR
he purpose OF ratifying or reJecting q proposed
amendment 20 the constitution Of the United
States, which proposition was by concurrent re-
solution Of the Congress OF the United states, oi
the first ession OF the thrty-uInth Congress
suhmitted 20 the States of the Union for their
confederation as Aforesaid
That the House Of Representative did meet
on the 4th day Of July, l3y6, in their hall. IN
Pursuance Of the aforesaid proclamation, and
was then and there called q order by the Hon
William Heiskell, the Speaker thereof
That on the fth day ot July, 1866, the said
House Of Representative did meet, and the roll
being called, forty-nine members Hnswered to
their names
That the House met from day to day without
trlnEachng other husiness except to effect 9
20. i nh ha day "a
July. lstG. tue following reaoiution wss then and
there adopted
"Re-oyed That the Speaker be directed t.
s7ne warrants Of arrest for Messrs. Martin, Rep
re7entative from Jackson county; Butler, Rep
resenfatiNe from Smith county Marable, kep
resentative from Benton and Humphreys Por'
ter Repre- sentative FROM Henry: DunuaWay
Representative from Bedforii Foster Repre-
sentative from Hamilton and Williams, Repre-
seutiye from Carter, refractory members OF this
House 20
authorized 60 employ such assistance as be may
deem necessary 90 carry into effect the orders o
this body and that said Capt. Heydt, as sergeant
at-arms, bring said members before this House
| tn answer trr their conduct and contempt o
That said resolution and proceedings thereun.
| der as contemplated thereby, were based upuu
| and derived their authority irom section II
ni the constitution of the state OF Tennessee, 81
'Ser IN. The Senate and House OF Represent
IfTLea. when assembled snail tA'u tAht~t. Z
Speaker and it, other oaicers. be judges Of th,
qualification and election Of ats members, aud
| 30 upon its own 8diauIuments RON day TO daY
Twu-thiris oi each uDnse shall constitute s
| quorum 80 DO business; but smaller number
NAV adjourn from day o. day and may be al
| thos7ed hN law 60 compel the attendance Z"
menbcTs. ,
That ID IL furthermore provided in section l2tf
of the constitution that each House OF the Gen-
rral Assembly may determine the rules Of a.
proceedings. punish It's members Tor disorderN
! behavior and shall have other powers necessary
| Tor a branch Of the Legislature oi tree state
I That the House oi Representatives did, durlns
| Ne session to-wit on the - day OF - 1900, de
| terminC the rules of its proceedings by adopnnt
| rules for iis government ana did provide ruI,
Loovn aS rule No a. as follows
e Rule lith.-No member shall absent himself
from the service of the House without leave
frst Obtained, and in case a less number than @
luorum of the House shall convene, they arr
hereby authorized 90 send the doorkeener o
any other person or persons for any or all al
.eut members as a majority oi such members
present shall agree, a. ihetNpehse ei snSh mem
! hers respectively unless such excuse for non
/ attendance shall be made as the House, when
/ quorum i.conVened. shall judge sufficient.
/ That the Hon. Pleasant Williams ana the
| Hon. 4. j. Martin we're members Of the House
/ ct Ecpre7 7entatIXts Of the Neneral Assembly q
/ the State OF Tennessee. having been duly quai
I fed as such. and sworn Ia under and hy the 9Att
required 10y the COnEtltuuun 81 the olaie. iAe
/ Hon. Pleasant Williams repre- entlng the county
! 81 Carter and the Hon. A. }, Martin represent
| ing tie county ct Jackson. and said Hon. Pleas
] ant Williams End Hon. A. J. Martin. BENG Tucf
| member of the said House of Representative es
! and daily qualified as aforesaid we're subject &
/ ali rule' regulations and orders OF SAID House
I 10 its authority 20 compel their attendance and
! O. secure the presence Of a quorum Of its mem
! bers. And sgii Williams and Martin. member
| OF the House s5 Rloresaid, were. BY express rul
/ ui the said House prey euted aud est0rped irou
nhsentiur ZEN Give from the service of the SAT-