Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-09

proper 10 introduce it here; but no such
principle has been laid down.
The court is a court, but when we come
TO the constitution Of the court we come 10
the law under which that c0nstitnsion
exists, that law is the constitution OF Ten
sssee.
Then, may il please the court, appre-
hend that this court has no power to ex-
clude one of its members How wonld the
Supreme Court go about excluding one of
its members-one of the three Judges that
constitute it? You may expel him as
member of the Senate, but You have no
power to expel him as a member of the
court. Even if he should die, still two
thirds vote of the court, as constituted with
him in it, would be necessary to decide the
question. Aud suppose DR.. Frazier should
retire, excused, we should not get rid of
him. When the vote was taken, he would
have to be counted as one of its constitu-
ents. The case of Campbell, on the trial of
Judge Wilson, was quite different from the
position of the Senator here. They al
loved him to walk out, but what of it?
have a case on the trial of Judge Haskill.
where an application was made on the part
Of a Senator TO be excused, and they re.
fused to grant Il. Mr.. Hnntsinan made the
folieyi7z easement;
Mr. Adam hantsnAa Submitted. the follow
ingi
before the State Of Tennessee. Adam Huntsnan,
one OF the Senators, states that he has been
sum moned as witness against the defendant
that he has been examined before the .investi-
eating committee. and expects to be xamined
as witness before the honorable Senate when
sitting as a court. The delieacy Of the situation
OF the same person sitting as judge Juror and
witness; and furthermore. it being his duty to
weigh the extent and application as well as the
eredibility Of his own testimony, is so contrary
TO the spirit of our laws and constitution, that
It ought never to be exercised by the same per-
son under any circumstances, as it is wholly re-
pugnant to the principles of our government.
he therefore prays to be excused from sitting as
a member Of this court"
Mr.. Campbell moved that Adam Huntsman
be excused from sitting as a member of this
court on the trial of Joshua Haskell, and the
question thereon being taken, it was determined
IN the negative, Mr.. Campbell only, voting g in
favor OF tae motion, and seventeen against it.
Well, this shows us what was done on
this case of impeachment but it settles
nothing for u.s.
/ expect the present case to be tried ac>
cording to the constitution and laws. And |
because these impose on this man the duties |
Of Judge say that neither Christian civ
ktlAdtlOhy tAtC AOldA oNhhC, lOA Qctcls~
cy demand that he should divest himself of
the position that has been imposed on him.
Mr.. Trimble followed in a somewhat
lengthy speech which was, in many points,
mere repetition of the one we reported
yesterday.
Mr.. Trimble inquired whether the court
would deliberate with closed doors upon
the point raised by the managers.
Mr.. Maynard sent to the Clerks desk
some authorities bearing upon the point,
which were read, showing that it was the |
custom of the British House Of Lords and |
the United States Senate, when sitting as
Courts of Impeachment. to deliberate upon !
questions for their decision in secret.
Senator Senter offered the following |
resolution
Resolved, That in the deliberation of all |
questions submitted to this court, the |
counsel and all spectators and reporters be |
excluded from the Senate chamber.
The resolution was adopted, ayes ii, |
noes 3, Senator Frazier being excused from |
voting.
The chamber was then cleared, and after |
celebrating some time, the doors were |
thrown open and the court adjourned to |
nine o'clock Thursday morning.