Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-08


stitution, this court could have no exis
tenoe, and the constitution deiermins alike
the rights Of each member, and the functions
Of the body Of which each is q constituent
According TO the constitution, each member
Of the Senate who has been sworn in is a
member Of the court, and after having been
sworn IN, ! do not see how be can be ex-
cluded.
Mr Trimble did not know until just
nov that the Senator from Knox and
Roane was sworn in, and was quite taken
By surprise when / learned the fact. The
question which We now submit il, whether
It IS competent lor Senator to sit on a trial
and vote on the question of his own broth
eris innocence or guilt. The constitution
provides for the court Of Impeachment, and
prescribes the purposes for which il shall
sit, and there, 50 far as the written law is
concerned, the case stands. The court OF
Impeachment, when il IS organized for the
great ends Of fjustiee, isimmediately clothed
with full power under the common law
the common law Of England--the common
law Of this country-the law of reason, Of
nature, and Justice. This is the law under
which you are now sitting here Ii not,
under the sanction Of what other law are
you sitting2 As have said, there is no
code of laws under which you are sitting.
Have you then no law TO govern and regu-
late your acts and proceedings? You have
the principles Of the common law for YOUR
guidance-the principals of conscience,
| equity, and the highest morality, which
are the basis Of all Law, and of which our
! unwritten common law is the embodiment
| Bnt though there is no code prescrib-
| ing yOur powers, vet by virtue Of
your organization, you are cloaked
with full power 10 try the issues
| involved in this case, but that power
| "a conferred by the common law of the
land and not by statute.
Judge Gaui: l ,would remark that,
when We turn back TO the common law,
we will iind that relationship did not dis
! qualify a Judge from exercising his Judi
eial functions in any given case. ANY
Limitation Of this character is imposed by
statute. Accordingly, in Georgia, and
perhaps in some other States, where no
law has been enacted in reference to this
matter, and where the common law. there
fore, operates uncontrolled, relationship
| does not disqualiiy Judge from conduc-
ting a trial.
Mr.. Trimble; Well, hope no such
Practice obtains anywhere else but in Geor.
gia, Cor ! am sure 1t does not obtain in
nature Would not the thought of a
Judge trying a suit to which he was him
self party he shocking to the members Of
the court Is il not equally shocking to
think of 4 father trying his own son, or
brother trying his brother? If such
thing were attempted think you that there
is no power in the Supreme Court TO pre-
vent such an outrage against public de-
cency aud common morality? N,w then,
as the Senator from Knox and Roane does
not challenge himself but is sworn in as a
Judge, we take exceptions TO his compe-
tency Suppose he was himself charged
with any oiense, would not the Senate de-
clare that he had no right to sit on his own
case And is it not equally a violation Of
common sense end common justice toallow
| him 10 sit and adjndicate on the present
| casel That the court has the power that
We claim for it, is 10 evident a. 20 need no
argument 10 proof The rule that is so
universally acted upon 10 judicial cases, 50
cOmmends itself 10 reason, 10 nature, and to
Justice, that we cannot but protest against
its being dispensed with in the present case.
l ask if reason, if law, if nature If Justice
do not ali require that the Senator from
Knox and Roane be forbidden to partici-
pate in this judicial investigation, as being
! disqualified through his relationship to the
party accused? The question to be decided
is one which must enlist his heart and his
affections, and may even effect his interests,
and il is not in man to be proof against
such influences. They both warp his
| judgment and control his will, 80 that he
cannot hold the balance evenly. Human
nature cannot, in its present state, he trusted
TO act, under such circumstances, according
10 the rules Of stern, unbending justice. !
never knew 4 lawyer to preside as Judge
TO try n case with which he had previously
been professionally concerned. / say then
that this court, sitting here as a court ofim-
peachment, is under the influence Of the
common law. 1t is great fsllacy to sup
pose that you have no power beyond that
which is expressly conferred by some
statute You have the fullest power, you
have all power. except that which the con-
stitution denies you. All power il is true,
may be abused, but this furnishes no argu-
ment against its legitimate use. Suppose
any member of this court were TO defy all
law and order and indulge in
language Of contumely and abuse towards
the court or any of its members, would
you be compelled 10 sit here without any
redress Would not your sergeant alarms
have the right to arrest him. although you
have no statute which makes provision for
such an e1igency2 You are clothed with
all power necessary to enable you to sit and
try this impeached Judge, patiently and
impartially, and either acquit or condemn
him, as the evidence may require.
A case occurred some years ago in this
State connected with the impeachment Of
Judge Williams, in 1929, in which james
Campbell, Senator Of Tennessee, owing TO
his personal interest in the matter. refused
to sit as a member of the court which tried
the defendant The grounds Of his refusal
will be seen in the letter which he addressed
10 the President aud Senate in the follow
| ing terms:
| To rHE PREsDENT AND SKNATE. SITTING As
| CoURT oF INPFACHMFNT. EXHIBITED AGAISsr
| NArHANIEL W. WILLIAMS. are.
The undersigned beEs leave to state that Caro-
| line p Taul. the person mentioned ia said arti-
| cles oi Impeachment aud who is nov deceased'
was the sister ~ bis wife; that suit in chan
cery has grown out ofthep proceedings IN the ats,
| 9TH and 9TH articles Of said Impeachment. IN
| which the same questions are involved, AS are
! involved IN saii articles, and in that suit the
| undersigned s enc Of itheeomplainants and Judge
/ Williams one of tho defendants that the un-
| dersigued has formed and expressed an opinion
| in relation 20 the matted involved in said artl
| cles; that the proceedings mentioned in said
! articles have produced a personal hostility be
| tween the said Judge and himself Under these
| circumstances the undersigned begs leave TO
| decline being member of said court, and hopes
| that tie Senate will receive this as a sufficient
reason for ~ doing. JANIS CAMPBRLL.
This shows the sentiments and feelings
Of man OF high character, Of high honor,
Of high moral sense, and upon this appliea-
tionsthe Senate excused him. If theS Senate
had power to excuse him, the Senate had
power likewise to exclude him from parti-
cipating in its deliberations But there is
no need 20 extend or elaborate the argu-
inent; the haiier is too plain and obvious
to he gsinsayed.
Mr.. Ewing | do not know whether the
rule in the regulations for governing the
proceedings ofihe court, whichforbids more
than two OF the cousel on either side from
speaking on collateral questions, applies to
iae present discussion having reference TO
the organization of the court or not II
not, should like 10 be heard briefly on
I this point
Mr.. Maynard ! would suggest whether
/ IL would not be we'll at this stage Of the
/ proceedings TO submit the answer Of the
respondent 20 the article Of Impeachment
30 that IL might be before the court, or