Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-31

Inventories DAY.
Judge BrIep Concludes hIs Argument
Mr.. Ewing Reviews the Case for the
Defense. - .. ~. ...
THURSDAY, May 30, l867.-The court
met at nine O'Clock, all the members being
present. I.ll. ..
CONCLUSION OF JUDGE BRIEN's ARGUMENT.
Gentlemen Of the court At the adj
lournment Of yesterday / had well nigh
concluded the argument intended to have
made on the right Of Judge Frazier to is
sue tine writ of hdbeas corpus. | read the
constitution. Of our State, and showed
thai where. We had written eonstilu-
ton il supersedes all parliameutary and
comnaon law on the subject of the or
eanization Of a Legislature. l should
that two thirds Of the entire number of
the Legislature were allowed 10 transact
business, but that less number than that
could exercise none of the functions. Of the
body except in adjourning from day to
day That there was no such quorum
present when Williams was arrested and
placed in the custody of the Sergeant-at
arms, is apparent from the fact that the
members present did not regard themselves
as being assembled in sufficient numbers,to
do any business, except to adjourn from
day 10 day and TO arrest absentees.
But the gentlemen on the other
side tell you that you have no right 90 in
quire whether they had quorum or not,
for that they themselves were the only COM
petent judges in that matter. Why call
the roll then? Is there a reason for that?
Yes, the constitution says that not less than
two-thirds shall be competent 10 transact
business. Now il is not controverted on
the other side that the courts may pass
upon the constitutionality of an act when
passed. If It should be shown that an act
was passed by Legislature consisting of
less than two-thirds Of its members, it would
be pronounced invalid by the Supreme
Court, but how should they get at that
fact except 10y going behind the
proceedings of the House, and seeing
whether a quorum was present? If there
were no quorum present, / need not repeat
their acts we're simple nullities. II in this
! am right, Judge Frazier was right in
granting the writ Of hobeds corpus, and
in determining that the OBTAINING Viii
liams and Martin in custody was an
unjustihable proceeding, for which neither
the laws nor the constitution furnished
a warrant Now a great deal has been
said about a conspiracy. 1t has been
charged that the attempt of the disailected
members 10 prevent the assembling of a
quorum, taken in connection with the ex-
cited and unfriendly state of popular feel
ing towards the Legislature, warrant the
conclusion that a conspiracy had been en-
i, 10.
IN no sense has il been shown, or even at
tempted to be shown, that anything having
the semblance of a conspiracy had any
existence at all and as TO the attempt 10
destroy the government, we find when
that comes to be inquired into that
il imports nothing more than try
ing to rid the State of one administra-
ton in order to bring on a better. will
read from article ], section /, of the bill
of rights II is as follows: "All power is in
herent in the people, and free governments
are founded on their authority, and insti-
mted for their peace, safety, and happiness;
for the advancement of those ends they
have. at all times, an inalienable and indie
feasible right TO alter reform, or abolish
the government in such manner as they may
think proper" The second section reads
thus Governments being instituted for the
common benefit, the doctrine of non-resist-
ance against arbitrary power and Oppres-
sion is absurd, slayish, and destructive of
the good and happiness of mankind" "All
power is inherent in the people" That is
what the constitution says, and when they
choose TO exercise that power, though it
may be with unanimity which may result
in their altering, reforming, or" even
"abolishing the government" they are not
TO be held 10 have been guilty Of a conspi-
racv, for theiconstitution coniers on them
the right to DO so. The bill of rights from
which / have lust made these citations is
your amended constitution. Why, every
election, on this principle, is an attempt to
overthrow the government But suppose
that any general purpose or desire did ex-
ist 20 overthrow the government, what
has Judge Frazier TO do with that I?
| There has not been adduced the slight
est atom Of evidence that tends to con-
meet him with any such purpose.
| Even the violence of the press, the
| iibes and vulgar epithets of the mob have
been adduced az eliminating Judge Fra
| zier and duplicating him in some diaboli-
/ cal plot against the peace and security of
| the State At the same time, no motive
| can be shown TO exist that could induce
| him 10 be q party 10 such proceeding.
| His character, moreover, is itself guaraR-
| tee that he was no party 20 such a scheme.
| But, strangely, il has been held by counsel
/ for the government that character amounts
| 90 nothing in a court Of law, or only tended
10 aggrayate an ofense Everything COM
| ing within the range of has reading or OBJ
| seryation, from the seige of Troy TO the
| fall of Richmond-every anomaly, every
| exceptional circumstance or event in hui
man life or human character, that could
tend 10 give plausibility 10 his strange and
unheard of theory Of morals, has been
eagerly seized on by counsel and pressed
into his service. But doctrine and a
theory 80 repellant to our better feelings |
am sure will not find favor with this court
ARGUMENT OF MR.. EWING FOR TIL
Defense.
| Mr.. President, AND GENTLEMEN OF
THE SENATE: IT, in this case, we are tc
adopt the cry, SdluS Poplai sDprema ler, the
safety of the people is the supreme law,
and II We are to adopt under that cry the
| rule of necessity in our approach 10 this
! trial, then l fold my arms at once. Neces
| sity knows no law; it Is its own law, it il
| its own Judge, aud from it there is 10 ap,
peal But l apprehend, sir, that We do not
! live in Times when we shall be driven to
an appeal 20 the law of necessity State
necessity has ever been the plea of tyrants
| We live, sir, under a constitution and Laws
no man is too high for their reach, no man
il too low for their grasp. The Legislative
the executive, the Judicial powers Of the
| state of Tennessee are all the creatures OF
aud subject 10, the provisions of the consti-
tutions and laws. Their powers, their
privileges, their duties, are all well defined
and a violation of those laws and of that
constitution, whether that violation be q
body Of men acting together, or a single in
diyidual, can be brought to the same test
aud the same rule.
The Legislature Is one Of the coordinate
hrances OF government and has power
and privilege high and indisputable A
citizen has rights that are "a high and in
dlspuiable, for every right that is granted
under the constitution is right high an,
lndlsPuts5le. There may he in regard {,
th's coordinate branch Of government
relative degree Of importance. la regart
to the constitution of society. one NAV b,
Of more importance than another Tn