Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-08
THE IMPEACHMENT OF JUDGE
FRAZIER.
SECOND DAY.


YESTERDAY answered 70 their names, also
Messn. Aldridge, Mcfarland. and Robin
son, making twenty present. Mr.. Cypert Is
the only Senator Eow absent
The managers on the part Of the House
Of Representatives presented the following
RULTs FoB THE GsvERxNrxT O. 7aT e9URT o.
IwrEscHxExr Is TIE TaIsI o. Taos h.
rAAzIEa.
RUlc lsi No one witness ahali Be examined
by more than one Of the counsel on the part Of
the State and enc on the part Of the respondent.
1a. Not more than two Of the counsel on either
detnal1 speak on any collateral question be-
fore the court, such as upon the competency or
admiasaoility Of testimony.
Sd, All motions made by counsel on either side
shall be pat In writing and entered Of record.
4th 10 argument upon any point before the
court shall be made by any member, bat he
may wnen called upon for decision. state his
reasons Tor the opinions IN writing.
slh. ANY counsel or ilanasof aerintiag IN
elguuruf ifoza ~ point before tie court may
be called % order b. the Presideut or any mem
eth. Points Of order may be decided BY the
President. or il the President so desires. he may
submit such points 10 the court
7fh. Any member or members Of the court
may az the close Of the trial, have his or their
reasons spread upon the record for his OF their
final vote.
The rules were adopted unanimously by
the court.
On motion Of Mr.. Senter, il was ordered
that one hundred copies of the rules
should be printed for the Use OF the court
Mr.. Bosom moved that the resolution
excluding the public from the Senate
chamber be rescinded, so as to admit Wis
iiors and spectators without the bar,
which motion prevailed.
The managers on the part Of The House
Of Representatives offered the following
p2per.
Aud now come the managers on the part Of the
House Of Representative 10 conduct the inn
parchment 0f Thomas n. Frazier, Judge Of the
Criminal Court OF the county 0f Davidson. and
Say that they object 10 the sitting as one Of this
court % impeaehmeht Of the Hon. b Frazier.
Senator from the counties Of Knox and Roane.
and say that the said Hon. y. Frazier, Senator
as Aforesaid is incompetent 10 sit as one Of the
Aforesaid Judges. for the reason thst he, the
said Hon. Il. Frazier. ~ aforesaid is the brother
OF the Hon Thos NJ Frazier. the Judge herein
nnpeached and brought 60 trial. whereof they
ready 10 prove wherefore, the said man
ayers demand that the said Hon. Il, Frazier.
Senator from Knox and R8ane counties rs
aforesaid, be excluded from this court as Of
right, justice. conscience. equity. and the laws
oi bias require.
Mr. Bosom: do not zee how We can
disqualify a member Of this body, who is
here as a Senator and has been duly sworn
in As n member Of this court.
Mr.. Trimble: | would suggest 10 the
senator that the question m6oted will he
spoken to by the bar.
The Senator therenpon consented 10 leave
The matter 20 be argued by the bar.
Judge Brien: do net well understand
under the constitution of the State of
Tennessee constituting the Senate Court
of Impeachment how member Of the
Senate can be excluded from participating
in these functions, except by the same rule
that suffice 10 exclude him from all legis-
lative functions, and expel him from the
Legislature Of this State The following,
from the State constitution, appears deci-
siye on this head:
An iinpeachments shall be tried by the Sen
ate when sitting for that purpose, the Senators
shall benpon cath or ahrmation.-Art. 2; Sec 2.
How are you 10 exclude member Of the
Senate from sitting on a trial of impeaeh-
ment Not because he is a relative Of the
party impeaohed, aud because he has a
personal interest in the question 10 be sd
Indicated, and because he has had or ex-
pressed an opinion on the point in issue,
but clearly only on the same grounds that
would disgualily him from sitting as a
Senator. II every Senator who has formed |
OF expressed an opinion as TO the guilt or
innocence of the accused is disqualified
from trying such party, why then doubtless
the fact Of relationship or Of personal in
terest would suffice 70 disqualify him from
participating in these judicial proceedings.
But is il not notorious that Senators have
formed and expressed their opinions in
the present case and yet does any
body dream of objecting TO their COM
potency 10 try the accused on this &C
count? No one does. A Senator who
has been duly elected and qualified as such,
upon an impeachment Of a fellow Senator,
is a qualified party TO try the question Of
the guilt or innocence OF such Senator. No
exceptions are made in the constitution
disqualifying him from the exercise Of this
power. II is inherent in the Office itself,
and nothing can debar him from exercising
il, short Of that which would suffice
70 deprive him Of the office ITSELF and ex-
clude him fron the senate chamber Sup |
pose the motion declaring the Senator from |
Knox and Roane 10 be disqualified from |
trying the party impeached, will he be no |
longer a Senator9 Can Senator be die
qualified for voting and vet retain the right |
and the power 10 perform all the other
functions Of a Senator l apprehend not |
Judge Patterson The case, think, is i
one from which the little clouds Of doubt |
In the absence Of express authority on the
subject, il II & matter 20 be treated with
extreme delicacy. The relationship sub |
sisting between the Senator from Knox and |
Roane and the party accused ought to deter |
the former from taking any part in this |
proceeding. If understand il, one Of the |
members Of this body excused himself |
from participating in this trial on the |
ground that he had been counsel in the |
case in the conTt below, in suing out the |
h0beas corpus, and if that fact be a satisfac-
tory reason Tor refraining from taking part
in the trial, surely the relationship here
asserted ought 20 be of more controlling
mower. and should lead 30 the adoption Of
a similar course. But the question is not
merely one of taate and delicate feeling
The court has unqueslionably, in the alb
sence uf any statutory provision, iull power
Go enforce use same rule that holds in All
inferior courts, where a judge is precluded
from taking any part in case where the
interests OF parties are involved who are
in any way connected with him by the ties
OF consanguinity 10 even 80 remote as the
sixth degree. The law upon this point is
Rs follows
Sec 89lS No Judse or Chancellor shall be
competent except by consent of all parties. 60
sit in the following cnSes
I. Where he Is interested in the event Of any
cause.
. Or connected with either party. by affinity
or consanguinity, within the sixth degree. COM
putting By the civil Law.
3 Or has been as counsel Sa the cause.
4. Or has presided on the trial IN an inferior
court.
8. Or in criminal cases. for felony. where the
person upon whose property the felony has been
committed ls eoHnected with him by affinity or
consanguinity within the sixth degree computing
by the civil law.
This is the highest court Of Tennessee
composed Of the highesib branch Of the lead !
ing department Of the government, and is |
empowered to 30 every thing which il NAV
deem just and eNpedient, so that il does |
nothing which the constitution prohibits.
And there can be no reason why this cour,
should not set under those principles which
sre 30 identified with our judicial system.
and which have their foundation in com
mon sense and common justice. The rea-
sons Of the law are too plain 10 require
vindicstion. That no one who is nearly
allied 10 the aocused should have any par
tieipation in his trial, Is proposition thai
must commend itself 30 all Any princi-
pie that can apply to the Chanoery or Cir