Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-25

Argument OF Mr.. Fast for the Defense.
and Of Jnage Patterson for the Pros
ecUtion.
FRIDAY, Nay "A, lS67.-The court came
10 order at hine o'clock, all the members
beihg present.
ARGUMENT OF Mr.. EAST.
F. III. East, Esq, addressed the court in
behalf Of the defense as follows:
Mr.. President AND MEMRERs or THE
COURT Il has been said more than once
since this trial commenced, that this is
solemn proceeding, and the heart Of every
man who has participated ia it, and who is
not devoid Of all thai feeling which char
acterizes an enlightened conscience and
makes up common Justice, responds to the
sentiment. ...
The House Of Representatives Of the
State Of Tennessee calls upon oae Of the
public officers to answer 10 n criminal
accusation against his official conduct.
The honorable managers on the part Of
the House Of Representative, aided b. the
learning, experience and abilities Of dis
tinguished members Of the bar have, by
their perseverance, al and industry, laid
before this court, and the world, the crime Of
which Judge Frazier stands accused. ntheir
estimation, and have and will devote to
the accusation the warmth of their natures,
the ardor Of their feelinga as lawyers, and
will consirain themselves 20 a confident
belief in the necessity and Justice Of bis
conviction. \ higher daty far, devolyes
upon you, ar the court, and which duty you
are permitted by the law 10 discharge alone,
under the sanction Of an oath; and after
You had called the eye Of Omnipotence 10
bear witness-that in all things pertaining
TO the defendant and the accusation You
would do equal and impartial Justice
II is 20 trivial cause that authorizes the
State to arrest one of It's public servants,
aid arraign him as a culprit and criminal
before the bar Of justice, and make him a
mark 10 relentless prosecution and kindle
around him a blaze Of prejudice and
passion
An impeachment against a publsc officer
comes in the potential name OF the State
Is a fearful power, that commands the re-
sources, energies aud treasure Of the gov
eminent calls into its service the genius,
talent, and eloquence Of counsel, inspired
with the professional feeling Of success, and
maybe laudable desire of fame. These
powers, once set in motion-this sea of
passion once stirred 10 its depths, may raise
wave Of prejudice, which in a moment
may hurl reason from her throne and beat
down beneath its angry food the helpless
victim.
A recurrence TO English history, from
which country we derive this form Of trial,
furnishes many most solemn ilustrationsof
the truth Of these remarks, and even
in our own country, where it was once
thought the safeguards Of law were securely
thrown around the liberty Of the citizen,
impoachments have been resorted 10, and
the demon spirit Of party has attempted
the sacrifice Of illustrious victims, and OPP
PRESTON cruelty and foul injustice have
brought down ridiCule, contempt and scorn
upon the gray hairs of judicial servants,
whose lives and virtues were embodied in
their opuntry's history and their cOuntry's
fame
lis true in proceedings ofthis kind the
lie Of the accused Is not at the disposal Of
the Judges or aCCusers, and, only for the
time consumed in the trial are his priv
leges and Liberties abridged. la all other
respects, he can be made the victim of tor
ture and abuse If he be innocent, his repu-
tation is beyond the grasp of hatred or
malice, and although his lips may for a
time be sealed ia reyerential silence, pub
lie justice is certain, and will prevail"
Speaking Of impeachments, Mr.. Justice
Story in has commentaries on the consti-
tuition, vol. ii, page rs, says: "The prose
Cution will seldom fail 10 agitate the pas
8i0Rs Of the whole community, and to
divide IL into parties, more or less friendly
or hostile 10 the accused. The press
with it, nnspauing vigilance will arrange
itself ON either side 10 control and influence
public opinion; and there will always be
some danger that the decision will bee
regulated more by the comparative strength
of parties than the real proofs OF innocence
or guilt" And on this account says he,
III requires 10 be guarded in its exercise
against the spirit of faction, the Intolerance
OF party, and the sudden movements of
the popular feeling
II such be the tendencies Of trials Of i'm
peachmcnts, in ordinary times and occas-
ions-asthe experience OF man aihrms-and
such the warnings of wisdom, need ! say
that the circumstances upon which this
proceeding is based, and the time in which
the court il called to give Judgment warns
each member TO avoid this tendency and to
hold himself aloof from passion, and bring
60 the consideration of this cause a heart
and mind unstained with prejudice
The defendant is put upon trial at a time
when the passions of the entire nation so
lately aroused have not lulled from the
recent -torm-when elimination and re-
elimination of persons and parties make
up the current literature Of political
iuurnali-m-put upon trial before one
branch of the Legislative department for
an alledged breach of the privileges of the
other branch, which the latter prosecuted
So Jealous is the spirit of our laws of the
liberty Of the citizen, aud 50 well the
trainers Of our constitution knew the inhu-
ence ofpassion and prejudice by which the
action of courts ol impeachment were
quickened; and TO secure an'impartial trial,
aud 90 guard public officers from being
sacrificed 10 the sudden impulses of popu-
Jar resentment OF party predominanCe, that
Limitation was interposed upon the action
ur a majority, aud the concurrence of two
thirds of uhe members sworn a. triers IN
order to a conviction. II majority Were
sufficient 70 convict, as they are 10 make
laws. there would be danger in times u
popular oummotion OF party spirit that TIA,
influence of the House of Representative,
would be found irresistahle.in the Senate
OF the corruption Of bare majority could
displace aud destroy meritorious publ,
officer
/ shall not present to this court the qUes
tion Of what must be the nature and rllrre
i.- uf hr afurt Cor which the officers Of III,
State are Improbable, but shall Conten
myself with a reference 60 the clause OF ih,
constitution, aud some general discussion
pertaining thereto.
Article ., Section 4 of the constitu-
tuu declares that the Governor, Judge
of the Supreme Court, judges OF
Inferior Courts Cbancellors, Attorneys
iur the State. aud Secretary Of Stat
shall be- liable 10 Impeachment whenevc
they may, m the opinion of the House O
Representatives, commit G1U CRIME ,1 he.
oFC0' capacity which may require disquaii
ucation.'
Whether the language, Commit an,
crime in their official capacity import
crime as distinguished from misdcmeano
at common law. or crime "a defined in IA
statute book of the State, 1 will leave q
others 90 discuss, and will assume, as a SAT
proposition. which win not be denied, tina
Il certainly imports two things:
"lst The violation Of law, either b.
abuse Of power or assumption Of oulhori;.
IN an official capacity.
"a. That the illegal act was done co..
mptiv. with q knowledge thai IL Was D.
legal.
It's 60 these two propositions that 81