Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-30

ing such members Of the said House of
Representatives and duly Qualified as afore-
said were subject to all the rules and
regulations of said House, in its authority
I to compel their attendance and 10 secure
2 the presence Of a quorum Of its members.
And said Williams and Martin, members
Of the House were by the express rules of
said House prevented and stopped from
} absenting themselves from the service of
I said House without leave first obtained, and
/ il appearing BY the aforesaid resolution of
the House, adopted on the llth Of July,
! 1866, that the said Williams and Martin
/ were absenting themselves from the service
OF said House, without leave first being OBJ
4 tanned and were refractory members
/ thereof; thus in defiance of the rules Of
4 the said House, aud in conflict with their
( Official oaths as members Of the House Of
I Representatives of the General Assembly
Z Of the State Of Tennessee:
( That said Capt Heydt, as sergeant-at-
arms Of the said House, under its resOlu-
iion aforesaid Of July lth, 1866, and act
/ ing under the direction and authority Of
| the said House, did proceed to compel the
attendance Of the said Williams and Mar
( tin and did bring them, the said Williams
and Martin, 20 the hall Of the House Of
! Representatives., al the capitol at Nashville,
on or about the 10th Of July, 1866, where,
| in obedience TO the orders Of the said
House, he, the said Heydt, sergeant-at-
arms, delivered them the said Williams
and Martin, in custody, as he was in duty
! bhund 30 do, as an officer Of said House
l That on or about the 2Oth dag of July,
1856, 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 Gen
eral Assembly Of the State Of Tennessee,
| duly qualified as snch, and well knowing
that he the said Williams, was held in
! custody by the said sergeant-at arms, Capt
William Heydt, under the resolution aud
authority Of the said House, TO compel the
attendance Of said Williams as an absent
| ing and refractory member of said House;
and well knowing the privileges of the
said House and Of parliamentary bodies,
and we'll knowing, "a he was bound TO
| know as a Judge, the laws Of the land and
the authority Of the constitution Of the
| State of Tennessee in that behalf expressly
made; and well knowing that the said
| House Of Representatives had made and
adopted rules for its government; and well
knowing the right of legislative as
sembly to have and compel the attend
ance Of members, except those absent on
leave Of absence and to improve it if neces-
sary as an undoubted and important privi-
| lege, and well knowing that the said Viii
liam Heydt was acting as seargent-at-arms
Of said House and was acting under the
orders Of said House, and under its direc-
ton holding said Pleasant Williams a
member Of the House aforesaid in custody
a refractory and absent member in the hall
of said House. He, the said Thomas n.
Frazier Judge as AFORESAID, did corruptly,
willfully, maliciously, feloniously, and with
| the intent of committing a breach of the
privileges Of the said House, and with the
intent corruptly, willfully, malicionsly and
feloneously Of defeating the presence of a
quorum of said House, and to disrupt and
break up the same, issue n writ of habeds
corpus and cause the same TO be issued up
on the said Heydt sergeant-at-arms as
aforesaid, commanding him, the said Heydt,
to appear before him, the said Frazier,
| Judge as aforesaid, with the body of the
said Pleasant Williams member of the
House Of Representatives from Carter,
so detained then and there by satd Heydt,
under the orders of the said House, as
aforesaid:
That said House Of Representatives in
consideration of said writ of hdbeds corpus
did on or about the lst day Of July, 1866
adopt the following resolution:
"Be it resolved by the House of Repre-
sentatiyes, That we do respectfully, but
most emphatically, deny the jurisdiction
Of said Criminal Courtin the premises, and
/ the authority Of said court to interfere in
/ the discipline and organization of the House
of Representatives and direct Captain
| Heydt, as seTgeant-at arms, to tender
this resolution to His Honor, Judge Fra
| zier. as his return TO said writ, and
furthermore, that Captain Heydt be
directed to continue under arrest all mem
bers detained by him, under ssid resoIu.
ton, until otherwise ordered by this
House"
That Capt Heydt, sergeant-at arms, as
aforesaid in obedience TO said resolution,
did appear in person and by counsel before
the said Frazier, Judge az aforesaid on the
due return Of said writ of ha6sas eorpus
and with respect and courtesy did make
return thereto, according to said resolution
ofthe said House; that said Williams was
detained by him under authority of the
said House, as its duly authorized officer
and that the said House did respectfully
but most emphatiesliy, DENY the jurisdic
ton Of the said Criminal Court in the
premises, and the authority Of said csuri
to interfere in the discipline and organiza-
ton Of the House of Representatives, in
forming said Frazier, Judge as aforesaid
that he, the said sergeant-at-arms, Heydt
was directed 10 tender said resolution as
return to said writ Of habsas corpas, and
that be, the said Hergeat-at-arms Heydt
could not produce the body Of said Pleas.
ant Williams, because, by said resolution
| of said House, he was directed and bound
members detained by him until otherwise
ordered by said House
That said Frazier, Judge as aforesaid
| disregsrding all these facts did refuse L
accept the said return Of said Heydt TO said
writ and did corrupily, Willfully and ma
| liciously, and feloneously, issue an attach
| ment against said Heydt, sergeant-at-Rrms
as aforesaid, and order the sheriff of th,
| county Of Davidson 10 release said William
| from the lawful custody of the House o
| Representatives All this at Nashville, tn,
| Capital Of the State Of tennessee, on ol
about the seventeenth day of July, A. d.
| 1866 in contempt Of the power Of th,
House of Representatives over its Owl
members, obstructing the law making powe
Of the government, defeating the eSercis
Of a coordinate and sovereign branch O
the government Of the State and in gros
and uniustiGahle violation Of the high an,
indisputable privileges of the House 0
Reprepresentatiyes one Of the branches o
the Legislative Assembly Of the State q
Tennessee, and thereby the said Thomas \
Frazies, Judge of the Criminal Court @
Davidson county, was guilty Of high mis-
demeanor in his Office Of Judge, as aiore
T said.
Art. >. That referring to the recital
and facts stated in Article lst Of this i'm
! peachment, and expressly making each an
b every statement therein written and de
{ tailed, part of this Article 2d, as prelimi
nary and auxiliary thereto, he, the sal
- Thomas r. Frazier, Judge Of the C;imina
/ | Court Oft the county of Davidson, and stat
, | of Tennessee, corruptly, willluiiy, mali
{ ciously, feloniously, and hy the exercise {
- illegal power and authority, and an as
{ sumption OF unprecedented judicial fame
D ! tious, did cause the release of Pleasant Wi
: liams, member Of the Honse Of Repre-
sentatives Of the General Assembly Of th
? / State Of Tennessee from the county Of Cal
| ter, whe was held in custody by the author
- | " Of the said House IA a refractory and al
! | senting member, as detailed more fully
- Article lsi of the impeachment, and di
, 1 authorize and empower the sheriff Of th
! | county Of Davidson 10 arrest and brin