Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-07

| House
That on or about the 18th day Of July. 1866
the said Thomas n; Frazier, Judge OF the said
| Criminal Court. of Davidson county. as aforesaid
! well knowing that the said Pleasant Williams
| was a member of the House of Representatives
Of the General Assembly Of the State of Tennes-
| see, duly qualified as such; and we'll knowing
that he, the said Williams. was held in custody
! by the sergeant-st-arms. Captain William
| Heydt, underline resolution and authority Of the
| said House, TO compel the attendance of said
/ Williams, as an sbsenting and refractory mem
| Der Of said House and well knowing the priyi-
| leges Of the said House and of parliament ary
! bodies, and well knowing, as he was bound to
! know, as Judge, the laws OF the land,
/ and the authority of the constitution
| Of the State OE Tennessee, in that be-
half expressly made; and well knowing
/ that the sRid House Of Representatives had made
| and adopted rules for its government; and well
| knowing the right Of legislative assembly to
| have and compel the attendance Of Il its mem.
bers, except those absent on leave and to enforce
| privileges snd well knowing that said William
4 heFdt. a. atoresaia gss sR acting sen asnt-at-
| arms OF said House, and was under orders from
| SAID House, and under its direction wss holding
| SAID Pleasant Williams member Of the House
| az aforesaid in custody. as a refractory and alb
sent member, in the hall of the said House, he,
the SAID Thomas n. Frazier, Judge as aforesaid,
| did, eouuptly, Willfully malicously. felOnioas-
| iy, and with the intent of committing a breach
Of the privileges Of the said House. and with the
intent eorrupty, willfully, maliGiously and fele-
| said House, and to disrupt and break up the
/ same. issue writ of hGbsds cOrDHs, and cause
| the same TO be served upon the said Heydt. ser
/ geant- alarms as aforesaid, commanding him.
| the said Heydt. to appear before him, the said
| Frazier Judge as aforesaid, with the body ofthe
said Pleasant Williams, member Of the House
| Of Representative from the county of Carter
50 detained there and then. By said Heydt under
| the orders of the said House as aforesaid.
That said House OF Representatives in con
sideration Of said writ Of hobeas corpus did on
| ar okput fha 18th laV ~ INIv A a adn
| the following resolution:
Be it resolved by the House of Representa-
| tiyes, That we do respectfully but most em-
phaticaily. deny the jurisdiction of said Crimi-
nal Conrt in the premises, and the authority of
said court to interfere ia the discipline and or
ganizatiOn of the House Of Representatives,
and direct Captain Heydt as sergeant-at-arms.
TO tender this resolution to his Honor Judge
Frazier as his return To said writ; and further
more That Captain Heydt be directed to con-
tinne under arrest all members detained by
him, under said resolution, until otherwise or
dered by this House.
That Captain Heydt sergeant alarms, as
aforesaid. in obedience to said resolution did ap-
pear in person. and by counsel, before the said
Frazier. Judge rs aforesaid. on the due return
Of said writ of hdbeas corpus, and with respect
aud courtesy, did make return thereto, accord
ing to the said resolution of the said house that
said Williams was detained by him, under au.
| thOrty Of the said House, as its duly authorized
officer, and that the said House did respectfully
but most emphasieally deny the jurisdiction Of
| authority of said court to interfere in the dis
| cipline and organization of the House of Rep-
| reSentatlves. informing said Frazier, Judge ms
aforesaid. that he, the said sergeant at arms
Heydt was directed to tende, said resolution as
| q return 10 said writ of hGbeGs corpus and that
| Ne the said sergeant arms, Heydt, could not
! produce the body Of said Pleasant Williams. be-
cause by said resolution OF said House. he was
directed and bound 20 continue under arrest ali
refractory members detained by him until 9th
! erwise ordered by said House.
l.N. N.-nsl fyt1ar r. I
gaTding all these facts, did refuse to accept the
said return Of said lieydt, to said writ and did
cOrruptly. willfuly and maliciOusly, and feloni-
ously issue an attachment against said lIeydt,
/ Sergeant-at- Arms as aforesaid, and erder the
| Sheriff of the county of Davidson, to release
said Williams. from the lawful custody of the
| House Of Representatives. All this Mt Nashville
| the capital OF the State Of Tennessee, on or
about the 18th day Of July, A. D., 1866. in con-
tempt N the power Of the House of Representa-
tives over It's OVID members; Obstructing the
| lsw-making power of the government defeating
| the exercise Of a coordinate and sovereign
branch of the government of the State and in
gross and unjuSti1able violation Of the high and
indisputable privileges of the House Of Repre-
/ sentatives. one Of the branches of the Legisla-
tive Assembly, of tho State of Tennessee; and
| thereby the said Thomas n. Frazier, Judge of
| the Criminal Court of Davidson county, was
guilty of high misdemeanOr in hs Office Of Judge
as aforesaid
ARTICLE II.-That referring to the recitals
and facts stated in article first of this impeach
| statement therein written and detailed part of
| this article second sas preliminary and auxiliary
| thereto he, the said Thomas n. Frazier, Judge
| of the Criminal Court Of the county of David
| son, and State of Tennessee corruptly Wilfully
maiieiously, felOniOusly, and by the exercise of
| illegal power and authority, and an assumption
/ of unprecedented Judicial functions, did cause
| the release of Pleasant Williams, a member of
/ the House Of Representatives, of the General
| Assembly of the State Of Tennessee. from the
/ ooanty Of Carter, who was held in custody by
1 4 ha Inr nf fho nsd
| and absentng member. as detailed more fully
/ in article first of this impeachment, and did
| authorize and empower the sheriff Of the county
| Of Davidson, to arrest and bring before him the
said Frazier, Judge as aforesaid the said Captain
| William Heydt, sergeant at arms, Of the said
| House of Representatives, upon a charge ofcOn-
| tempt Of the court, OF him. the said Frazier,
| Judge as aforesaid; he, the said Frazier, Judge
| as aforesaid, well knowing that said Heydt was
/ a sergeant -at-Grrns as aforesaid, and bound TO
| obey the orders Of the. said House Of
| knowing that the said House. By its Teso-
lut on as detailed in article frst ofthis impeach-
ment, had directed said heydt, to make return
| respectfully, that the jurisdiction of his said
/ court was most emphatically denied, and had
| further ordered and directed said Heydt. ser
| seant-at-arms, 10 continue under arrest all re
| frsctory members of said House. detained by
him, until further orders; and he, the said Fra
! Eier, Judge as aforesaid, well knowing the power
| and privileges OF the said House OF Representa-
| tives, 70 compel the attendance OF absent mem
4
| ercised said power, by directing the Speaker
| thereof to issue his warrant for the arrest Of
| absent members; and well knowing that said
| heydt, as seTgeant-at-aTmE, had arrested said
| Williams. refractory member OF said House,
/ and brought him before the said HOUSE; and well
| knowing that said arrested member, was under
| the jurisdiction of the House, snd while in such
| condition, no other department Of the govern
| msnt OF oficeT thereof could TiGhtfaliy or le-
sGlly claim take jurisdiction OF him, the said
| Williams and we'll knowing that the priVi-
I az ~ 4
/ laid down by common parliamentary lsw.
did attach 10 the officers of the Legislative As
sembly, as we'll as toi the members, and the said
| Heydt. as sergeant-at arms of said House, was
| privileged with the members, from being ar
/ rested OF withdrawn by legal process, from his
| duties a. an officer of said House. he, the said
| Frazier, Judge, as aforesaid. did, Wlltuliy and
| maliciOusy and corruptly. cause the said Heydt,
| sergeant arms as aforesaid, well knowing
that he. the said Heydt, was a sergeant al arms
| sf the said House,) TO be arrested aud brought
| before him. the said Frazier, udge as aforesaid,
| by the sheriff Of the said county of Davidson
! and did adjudge the said Heydt guilty, and did
| punish the aid Heydt, e,gt alt-at-arms as at0Te
| said for an alleged contempt Of court, Of him,
| the said Frazier Judge, as aforesaid, IN making
| the return 20 said writ OF h0beds corpus. men
| TONED in article first Of this impeachment, in the
| manner directed by the said House, 10y inhicting
| upon the said Heyd. sergeant at arms, as atore-
said. ine cf ten dollars, more or less. and TO be
committed until paid. All this at Nashville, the
capital of the State of Tennessee. on or about
| the seventeenth day Of July, A. d. 1870, 10 con
! tempt of the power Of the House of RepTesen-
| tatiyes over its own members and officers, oh
! structng the law making power OF the govern
| ment defeating the exercise ut coordinate
! and sovereign branch Of the government of the
State and in gross and unjustlhable violation OF
| the privileges. hiRh and indisputable, OF the
| House Of Repre- sentatiyes, one OF the branches
| OF the Les yative Assembly Of the State Of Ten
4 nesSee ana thereby the SAID Thomas NJ traElef.
| Judge OF the Criminal Couit OF DsN iasOn county,
| was guilty of high crime and misdemeanor, IN
| Ais office of Judge. aforesaid.
! And the said House Of Representatives. saving
| and reser,ing 70 themselves. the liberty Of eX-
! hibiting NJ any time hereafter any further ar
| tices or other accusation OF impeachment
| against Thomas n, Frazier. Judge as aforesaid,
| and also of replying 20 his answer hereto, and
| of offering proof 10 ali and every one OF the
| aforesaid articles OF impeachment OF accusation,
| which shall be exhibited 10 them, as the case
| may require do demand that the said Thomas
| n Frazier. Judge, as aforesaid. may be put 10
/ answer the misdemesnor herein charged, and
/ that such proceedings. examinations. TRIALS and
| judgments, may be thereup0n had and gwen, as
| are agreeable e. justice.
! Attorney General.
WN.J. SMITH. ReF Of Hardeman Co.
" pUGaAN Rep. OF Sewer Co.
/ e. A. FUs0N Rep. Of Dekalb CO.
/ Members o. TIE House 0t kcpresenfaftus.
| and Managers on fhe part Of The sane
20 prosecute sGtd L@BeachnseHt.
| The foregoing are the articles Of impeachment
| duly prepared By the House Of Representative
/ OF the State Of rennessas. against Thomas