Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-10
FOURTH DAY


bers Defeated
THURSDAY, May g, Is67.-The Presi-
dent called the court to order at 9 O'Clock,
and upon call Of the roll nineteen mem
bers answered to their names. Senator
Frazier being absent.
The President announced that the deiibe-
rations Of the court yesterday had resulted
in sustaining the objection of she managers
Of the prosecution on the paf4of the House
OF Representatives 10 Senator Frazier, and
that their decision, recorded in the journal,
would be read by the clerk.
The following IL a transcript from the
journal of the proceedings of the secret
session Of the court.
The President announced the question before
the court 30 be as follows, to-wit shall the mo-
ton made by the managers on the part of the
House of Representatives TO exclude the SeTa-
tor from Knox and R0ane. (Mr. frazier.) from
sitting as a member Of the court. on the ground
Of relationship and bias to the respondent nov
on trial. be sustained? and on ths question the
vote was taken by ayes and noes
At the request Of the member from Knox
and Roane, Mr.. Frazier he was excused
from voting on the proposition by the
court.
On the question before the court the vote
stood ayes 13, noes 6, as follows:
Ayes-Messrs. Aldridge, Bosom, Cate.
Hall, Keith, Mckinney, McElwee, Nelson,
Powell, Patterson, Senter, Spence and Rob-
inson-13.
Noes-Messrs. Carrigan, johnson, Nc
Farland, Smith, Thompson, and President
Frierson-6.
And the motion was sustained, and the
member from Knox and Roane Mr.. Fra
zier) was excluded from serving as a mem
ber Of the court.
Senator Carrigan objected to the term
excluded" " as expressing more, perhaps,
than was intended by the action Of the
court. He maintained that if excluded
from the court, the Senator was Of neces-
city excluded from the Senate.
Senator Senter suggested that if it meet
the views of the Senator from Lincoln,
lMr. Carrigan) the words declared in
competent" be substituted for the word
"excluded."
Senator Carrigan moved that instead of
excluded from serving as member Of the
court" the journal be corrected to read,
"was denied the right 10 participate in the
trial now pending by a vote of 1St 6, the
court consisting Of twenty men, all duly
sworn"
Here an animated discussion was kept
mp for some minutes, in which both counsel
and members Of the court engaged. Sena-
tors Carrigan, Senter, Thompson andSmith,
and Messrs. Ewing and Trimble, among
the counsel, being the chief participants.
Senator Thompson made some strong
points in the defense of Senator Carrigan's
objection TO the word as being logical, con-
sistent and constitutional.
Mr.. Trimble claimed that the discussion
was really a mere nullity for it had refer
ence to matter which had been settled
and fixed, for Senator Frazier had been
excluded by the action of the court.
Mr. Ewing reminded him that the re-
cord shows that thirteen members had
voted to sustain the proposition, while the
court was composed of twenty members OF
whom two thirds, OF in other words, four
teen, were necessary to carry a vote of ex-
clnsion.
In rejoinder, Mr. TrimbIe contended
that the record also shows that one of the
twenty members was there by mistake, SC
that in reality the court consisted of only
nineteen members.
nal, as il stands, was approved ayes IL
1 noes 2.
Senator Carrigan sent protest to the
clerks desk, which was read as follows;
Mr.. President: The undersigned. q member o.
this court, and Senator OF the State of Ten
nessee, does solemnly protest against approving
the records of the court, made yesterday, in tbs
case Of Dr.. Frazier. | insist that the record
| should say that he was simply denied the priv
of "A al
before us. and that he was denied this liberty by
a vote Of thirteen 10 six, and that there wer'
twenty members sworn in. J. q. CARRIaAS.
Mr.. Smith, one of the managers on the
part Of the House Of Representatives, said
| ! wish to read statement that is made il
the Nashville UNION AND DISPATCH
which reflects on the managers and counse
on the part of the State in this case.
Mr.. Trimble here expressed the wish o
the counsel and managers Of the prosecution
20 retire for few minutes private consul
tation upon q point under consideration
yesterday, but upon which they had no
agreed.
Leave was granted by the court.
Mr.. Ewing. May it please the court
enter his protest against the action of tbs
court in approving the journal. / hold il
my hand the substance Of it, but ] viii
furnish the court with copy in a more
extended form tomorrow morning.
The motion for leave TO file the protes
was granted.
The counsel for the prosecution and tn
managers then retired.
Senator Smith As understand it, W,
have adopted a rule excluding members o
this court as incompetent TO serve, on tn
ground Of relationship. | hold that tn
same principle would equally disqualif
those who have formed or expressed a.
opinion on the points now in issue and i
process of adjudication. IL we adopt tn
rule laid down in the statutes in one par
ticular. we ought TO be consistent, an'
adopt them all 80 far as the law Of anslog
would suggest. And il is my wish to b
excused on the ground that lhaveexpresse
an opsnion on the law as laid down by tn
defendant from the bench in the hdbeo
corpus case,
The managers and counsel having II
turned into court,
Mr.. Smith, one Of the managers, said
May IL please the court ! find an articl
in the Union AND DISPATCH of this morn
ing, reading as follows:
/ Tvs SoNPETENCY OF DR. FRAzIER.-Ihe Ser
ate makes slow progress with the work for whlc
1 ID convened IS a court Of Impeachment lnstea
Of tryine Judge Frazier on the articles ot IN
parchment preferred by the House OF hepr'
scntRfives Il seems TO be trying DR., frazie
enc Of It's members, uron a suggestion q incon
1 petency 10 sit a. a member OF the court on u
,rround Of being a brother Of the judge. ~
/ very questitu came up az the organlzauon OF q
! coprt on the llth Of March. The following o
! ears In the report furnished us by our ieglslati'
reporter Of the proceedings st the organizstio
| of the Senate az . court Of Impeachment
"Nr smith, Of Hardeman, suggested that,
I view Of the fact that one Of the members OF II
court might be deemed obecuonabie on aceoni
| Of his relation 70 the defendant Judge frazle
would Il not be advisable that the senator snou
withdraw from being one % the court lSeni
tor Frazier IS brother of the Jndse:l
"Mr. senter said that Senator Frazier had eH
pressed willingness, before being sworn 40, n'
10 take any part in the trial. But ne iSente
advised Mr.. Frazier 10 be sworn IN, hs his rel
tionShip with the defendant would not.
thought, Al ali affect his standing as memb
"Mr. East remarked that the fact Of the SCI
tor being q brother Of the defendant did mott
al disQualify him from participatingin in the tri
a. q member Of the Senate.
Mr.. Smith, Of Hartemsn, here withdrew
! ohjections.'
Ii thus appears that the question Of ineomp
tency was IuOoted at the proper time, and "
| subsequently Withdrawn by one Of the manages
| This afieF-thoughf looks as II II were prompt
, / bv some motive which had its origin IN ID
I higher law which oyerrldes the written law
| the State. and the pertinacity with which
ispressed i veil calculated % gife color a.