Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-16


quorum. Ny opinion was based on these
facts. Ihave seen large crowds at courts
and political meetings. | did not see any
thing very different among this crowd from
what have seen among other crowds.
The speeches were mostly ike other
speeches have heard on similar occasions.
IL there was too much noise and confusion
Judge Frazier would call them to order.
l did not see any one more excited than
Mr.. Trimble was. Judge Frazier was calm
and compassionate. / had no previous ac-
quaintance with Judge Frazier. 1t was
NV own particular friends from whom
/ heard reports of caucuses. II was
their mere suspicion that there was eau
Gus. | had no particular fact on which to
base my opinion it was q mere surmise
founded on some signs which observed at
the capitol. did not see Judge Frazier
converse with any members Of the House
of Representatives. / never saw Judge
Frazier at any political meeting. ! may
have seen him at some convention, but do
not know that ever did. No witnesses
were examined at the trial Of the habeds
corpus. The argument was on legal
grounds. Judge Frazier had no facts to
deal with in the case, so far as / know, but
such as appeared on the record. had
been acquainted with Capt. P. Williams
four or FIVE years. ] do not remember that
l saw him during the time he was serving
in the Federal army, but knew he was
Captain in the 18th cavalry.
TESTIMONY OF JAMES MULLINS.
James Mullins was sworn, and exam
by Mr.. Trimble:
was a member of the General Assem-
bly, in July, 1856. | represented the coun-
Ii es of Bedford and Rutherford. came
here on Sunday, the Sd July, and was here
Martin and Marable were here | remem-
Der seeing them. They came into the Hall
on the 9TH and on the 9th. They began to
absent themselves on the 9th and 18th, when
quorum was wanting. If there was
nearly a quorum present, then as soon as
one would come in another would go ont.
Williams left the city on the 10th. /
think he left to prevent the amendment
passing. | think l heard Mr.. Porter, Rep
resentative from Henry county, say that he
would leave for the same purpose. There
were lobby members in considerable num-
bers. They would go about talking chiefly
with those who were opposed to the amend
ment. They talked with Brittle and with
Williams, and | sometimes saw them talk
ing with Porter. We had that lobbying for
n number of days. There were some leading
men among them. | saw Williams and
Martin after they were brought here in the
custody of Capt Heydt They were pres.
ent in the room when the voting on the
amendment was taken. b. | do not, of my
own personal knowledge, know anything of
the breaking into the capitol to rescue the
prisoners. The deputy sheriff and a posse
cOmitatuS were present when rescued,
Mr.. Ewing l object to the question as
to what was done by the sheriff. The
Judge made an order that the prisoners
should be released, and if the sheriff, in
carrying out that order, acted with illegal
violence, the Judge is not responsible for
that
Mr.. TrimbIe: | hold that when an
illegal act is ordered to be done, the Judge
80 ordering is responsible for all the con-
sequences that follow from that act.
Mr.. Ewing The gentleman's arguments
are all inappropriate to the point in ques-
ton. ! apprehend that the Legislature
of Tennessee in both branches have Just
such power and no more power, high as
they may be, sir and / respect them as
the Representatives of the State of Tennes-
see. But, sir, we are not 10 be scared BY
the assertion of powers that they may not
possess under the constitution and laws of
the country. Whatever they possess shall
be accorded TO them, and no more and no
less. But, sir, apprehend that the judi
cisry has some rights, and that the Execu-
tive has some rights, as being coordinate
branches Of this government. Each has its
own powers and these are defined by the
laws and the constitution. | apprehend
| no lawyer will controvert the doctrine that
all these departments are coordinate, and
that they stand on laws that are written
and may be found in books. By these
laws and the constitution We will be gov
erned Then a Judge, it will be seen, has
some rights, some powers, some duties per
tanning to his office Because a man is
brave enough to discharge his duty at all
| hazards, is there one branch Of the gov
| eminent that is so high and mighty that he
must cover before it, and lick the dust and
| PROSTATE himself at its feet The sheriff
| with civil process to execute, may break
| open house, but in doing so he commits
an illegal act, but the judge is not response
bic for this illegality.
Mr.. Maynard The question seems to
have been very fairly stated by the counsel.
The House complains that their rights have
been greatly outraged by the act of the re-
| spondent, but in their attempt to arrest
and vindcate their rights they are met
| here by demonstrations of hostility and
defiance Their rights are called in ques-
tion defantly, boastfully. That is it
which made it necessary TO bring this i'm
parchment. The immediate question now
before the court as to the impeached, is
whether we shall show what was done by
the sheriff in carrying out the decree of
the Judge.
Mr. Ewing: Then why is not the ques-
| ton before the court. Did the sheriff
break into the capitol and illegally liberate
the prisoners that were in the custody of
the sergeant alarms of the House of Rep
resentatives?
| The President here announced that the
hour for adjournment had arrived, and the
| court rose.