Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-14
2sTxTH DA1T asa


MoEDAY, May l3, ls67.-The roll being
called By the clerk, nineteen member
answered to their names. The records Of
the proceedings GA Friday were read and
approved.
Mr.. East. suppose il is not out Of or
der 10 submitto the conrt the protest al
revised BY the respondent. II was under
stood on Friday last thai IL would be sub
mitted. The protest as amended being
handed 10 the clerk, he read IL as follows
The defendant. by leave Of the court. respect
fully protests against the action Of the court in
excluding the Senator. from Knox and Roane.
and protests agninsf the consequences thereof.
and submits the following as his reasons
| lst Every officer impeacked has the cOnstitu-
| ;ional right 10 demand that every senatorial
constituency shall be heard upon the question
through their respective Senators. and the
power exists no where 70 exclude any constit-
| ueney.
"a That the constitution or laws never con-
templated IN any criminal prosecution. that the
| defendant should be tried BY an uncertain tri-
| bunal-one that might be increased or lessened
| according 20 vote OF the majority, especially in
| impeachment eases. in which cases the number
20 convict Il declared and defined. otherwise the
| majority BY exclusions could break up the court
or exclude all supposed 70 be favorable to the
defendant, and thereby deny 70 him the con-
/ stitutional right Of the tNO-thirds rule.
Sd. That the rule oftwo-thirds being necessary
20 a conviction. aud the throwing away Of the
vote Of the other third. was established in view
| the supposed bias Of some Senators, and in
| lieu Of the exclusion Of 9ny constituency.
| 4th. III accident has given a bias 20 az con
stitneney favorable 20 the defendant. he should
not be depriy ed Of the benefit of this accident by
! taking it from him, and thereby doubling the
Taos. N. FRAzIRk.
Mr.. Duggan: The protest being from the
other side, don't know whether IL be COM
petent for our side 10 say anything on il.
But il might be permitted, / should like
to be heard on this thing. i think l can
make il as clear as the MONDAY sun shines.
Judge BFien: We said what we wanted
on Friday. We don't want to 60 into the
argument now. aei
Mr.. Duggan: Then, Mr.. President
Mr.. Trimble: May it please the court, /
understand the counsel of respondent to
claim the right TO put that paper on the
records of the court. The question was
argued the other day before the court, and
the counsel for the State gave their reasons
in full for Directing to the protest being in
serted in the record. AS the other side
have nothing further TO urge, we are not
disposed to add anything to what we have
already advanced on the subject.
Mr. East called the attention of Mr..
Trimble to the following report of his re-
marks on the disposal Of the protest from
Banner Of Saturday
''Mr. Trinble could Gee no reason for its inoor-
peraton in the minutes. IL was an indisputa-
bic right Of the defendant, and The manager on
the part Of the State did not intend objecting TO
its admission 81 the proper time"
Mr. Trimble: That was misapprehen-
sion Of my argument and of my words.
The reports Of speeches are generally very
accurate, but in this case there is misap-
prehension. The right Of having the.de-
PENDANTS protest inserted on the record of
the court, regard as a most extraordinary
one to assert. It iss however, for the
Senate to decide it, and when the Senate
has decided il, / suppose there is an end
of IL
The President The question now to be
decided by the court is, shall this paper
submitted in the form of protest be
placed on the records of the COURT
Mr.. Ewing would suggest that this
paper be allowed TO be made part of the
records.
Mr.. Trimble; In that case it would 20
upon the minutes Of the court Just the
same, and would amount 70 the same
thing. Es
Mr.. Ewing: That is mistake. A bill
Of exceptions does not go upon the minutes
Of the court.
The President said he regarded the
proposition to be that the matter 20 on the
record 49,
Mr.. Ewing We regard this as bill of
exceptions, which does NOT go on the
records Of the court, but still is registered
with iis proceedings.
Senator Senter: | would state that | have
no objection, arising out of the nature of
the contents of the present paper, 10 aIlege
against its being made part Of the records
Of this court. Bui II such an admission on
the part Of the court is to constitute a pre-
eedeht TO guide rs in every stage of this
trial, then do object for then, in every
adverse decision, the respondent would be
at liberty TO make his protest and have il
recorded, and then there might he no end
TO this liberty Of protesting
senator Thompson: do not think we
should take exceptions TO the claim made
by the deiendanton mere technical grounds.
The question was then taken upon the
proposition, and il was decided in the
ayes IL, noes G, as follows:
Ayes-Messrs. Aldridge, Bosom, Cate,
Hall, Keith, McElwee, Nelson, Powell,
Patterson, Senter, Spence, Robinson, and
President Frierson--iS.
Noes-Messrs. Cerrigan, johnson, Me-
Kinney, Mcfarland, Smith, and Thomp-
son-6.
So the court refused to allow the respond
ent TO lile his protest.
Mr.. Trimble: We are now ready to
proceed with the proof in this case.
Mr.. East: Liberty was given ms TO file
exceptions TO members Of this court whom
we might deem disqualified for acting on il.
Mr.. Maynard 1 would ask the clerk
to read the concluding minutes Of Thurs
6ay last.
The clerk read the following resolution
and motion:
Resolved. That The counsel on either side
have the rightto hle. IN writing. exceptions they
deem sufficient IN law 20 render any member
20 SIT on the court, and the court
impartally try the same.
On motion Of Senator Patterson, the court adj |
iourned 10 nine o'cloek Friday morning, 90 give |
counsel an opportunity 20 hle exceptions TO In
diyiaual members.
Mr.. Maynard. | submit that having
adopted that resolution, and having adj |
iourned over 90 give the other side the |
lff+tEAuAtAN W fiCrrii SAAc fAAoAirf duA 10
exceptions being presented, the trial is |
passed beyond that stage in which they |
nap legitimately be presented, and that We
proceed with the investigation Of the case.
Mr. Ewing: ! did not suppose that we
ihould have this difficulty. When il was
Friday morning that one Of the
court was absent, in consequences Of the
ieGth of his grand daughter, every one was |
wiling to adjourn over till Monday. Mr.. /
rrimble however, urged that The protest
'hould be presented, and this was done, but |
We restricted ourselves 10 this matter alone; i
,iherwise / had in my pocket these excep-
lions 10 certain members, which would
nave been presented then bot for the adj
ournment.
Mr.. Trimble: If l remember, my asso-
,iate remarked, when the motion for adj
ournment was made, at any rate, IL there
IRE any exceptions TO the court, let them
be presented before We adjourn
Mr.. Ewing That is true, bat Mr.. Trim
bic said, wish the protest to be read
md pending the discussion on the protest
he court adjourned, 90 that We did not ges
% the exceptions.
Mr.. Maynard Well, sir, IN the spirit in
which we have endeavored 10 conducs these
we forbear to press this matter
md the court concurring, We will consent