Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-02

| Tor rae FresecuAfous
| In SATURDAY. June l, 1866. The yConrt
was called TO order, and the records read
and approved, when Mr.. Trimble as coun-
sci for the State delivered the closing
speech of the trial
MR. TRIALBLE's ARGUMENT.
Mr.. President and Senators: This case
seems TO have lost much of its interest. 1t
has been thoroughly discussed, and very
little is left for me TO say, and | mast go
over some ground that my colleagues have
gone over. You have shown extraordina-
~ patience in the trial of this charge.
This Court is sitting as a High Court of
Impeachment, the highest law Court known
TO the land. Ii is the Senate sitting in
impeachment over every other Court in
the land to which the kGovernor, the
Judges and other high officers of the State
are amenable. A4a4 4LAt fk 81
Thelegislative and the judicial branches
of the government have come into collision.
Perhaps, it is the first time in the history,
of Tennessee, in which such collision has
occurred-a collision made by judicial
officer He willed that collision, he brought
it about, and hence this trial. ~
Free government, the struggle of all past
history, and achieved at last by rivers of
blood, by anguish and tears-free govern
ment has ever existed on this continent
from the planting of Plymouth Rock, and
the settlement OF jamestown. Free govern
ment has been viadicated by the benignity
of the blessing for more than two hundred
years. A free government is divided into
three Observation-Disclosures coordinate inde-
lative, the judicial and the executive de.
partments. All combined in one make
a despotism, but working independ-
emily and in harmonious union,
they secure to the nation the fullest
measure Of rational liberty. This deter
mines me to cali your attention to the sub
iect Of free government. The constitution
of the State, made up Of these three de-
partments-this written law, unknown ex
eept in our free land, binds even the people
themselves. This constitution, the expires
sion of the highest will of free people,
bestows the entire legislative power upon
the General Assembly This power has
but one limit; il is as omnipotent as the
British Parliament, Except that it is, as
limited by the constitution of the State of
Tepnessee and the Constitution ofthe United
States, sovereign, supreme and omnipo-
tent, only limited, as have said, by the
constitution of the State and that OF the
general government. This law-making
| power-the power to make and repeal laws,
and perform all the duties of legisIa-
i tive body-lies in the House of Assembly
of Tennessee. 1t is supposed to be COM
| posed of members elected by virtuous and
enlightened people, who are supposed to
| be choice specimens of the citizens of free
State. And il is supposed that such body
! may be entrusted with the large powers
that have been conferred by the people of
this and all other free States on their legis-
lative representatives t9uch Legislature
may be entrusted with power and we need
have no apprehension that the nervous and
| hypochondriacal fancies and forebodings
| which we have had to listen to here will
ever be realized as the effect of false plena-
| ry powers. is there any ground for the
apprehension of the abuse of such power
by such people? Why, then, away with
such old women's hypoch h0ndTiaeal fears.
Being, then, the most important branch
of the government, and being called into
| life for these great ends, all the power me-
cessary for that end is given and implied
Each House of the Legislature is Judge of
/
| the qualification, returns and election of
its members. Ny idea on this subject is
that Legislature sitting as a legislative
body are judges not only Of the returns,
| qualifications and election of its members,
but also of its own constitution and mode
of procedure, subject only to the control Of
the people of Tennessee They are re-
| qnired TO approach the altar of the Al
mighty God, the Father of us all,
and there, with uplifted hand, TO
swear a sacrament TO observe the
constitution of the State of Tennessee
and the constitution of the United States,
and faithfully TO perform all the duties
which belong t6 the honorable office they
are filling. When thus organized, they are
responsible TO the people and to an enlight-
ened public opinion, but they are not re-
sponsible to any other human power
beyond this they have no superior upon
earth, none whatever. l know there Is
class of questions where courts have exer-
cised the power of declaring the acts Of the
Legislature null and void but / deny to
the judiciary any power over the proceed
ings of the Legislature. They are respon-
sible only to their own nature, to an enlight-
ened public opinion, and 10 the moral Ruler
| OF The universe This is the power known
| to the Legislature, including the Honse
Of Representatives and this branch that is
now sitting as Court of Impeachments
Now invite your attention to the ljadi-
ciary department. whose function it is
| TO interpret law-merely to administer
law--to decide as TO the right or wrong
between individuals; as i said, to interpret
law, not to make it, not to execute it. Their
defined boundaries are plain, and limited
TO the administration Of right and wrong,
and in the Interpretation of the law Of the
land. Have they any power beyond this?
They may no more invade the legislative
than the Legislature may invade the Judi
ciary functions. They possess this juris-
| diction, although we freely admit that ours
being a written constitution, that constitu-
tion binds the Legislature that constitiI-
tion binds the Judiciary; that constitution
binds the Executive; that constitution
binds the people themselves. When an
act Of the Legislature is in conflict with
the constitution, / accord 10 them the right
Of annulling it. Great Britain, the only
free power in the world, knows no such
power in the Judiciary, bat our American
government has a written consultation.
The matter came up early in our history
an interesting history which | advise you
70 study. That distinguished jurisf,
John Marshall a name which | hold
in the highest veneration, that great and
good man at the head Of the Judiciary, re-
cognized that the Congress was the supreme
branch Of the government, and approached
that question with the greatest respect.
John Marshall felt himself great intel
lectual power, yet in a question affecting
the cousiitutionality Of a law of the Con-
gress Of the United States, he approached
il with the profoundest respect, and because
an act and the constitution were in conflict,
they annulled il. deny 10 the Judiciary,
then, any power beyond what have stated.
The judiciary has a shield; il has no
sword Our judicial faBctionary here has
turned his shield into the sword. he has
invaded the rights not only OF the Legisla-
ture, hut of the people of Tennessee.
our State constitution is worthy OF great
study. The whole executive suthoriiy Of
the State IS vested in an officer known as the
Governor Of Tennessee. Knowing the long
conflict between the House of Commons and
the Executive Of England, where SO late as
the reign OF dames the Second, members of
tb.f Ieuaa ware arbifragiI.-a ,-ss.etol 80