Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-24

nessee. He gave his opinion very decided
" against Davis / do not think ] ever
heard him say much about Lincoln. /
heard him say that he thought him good
old man.
JUDGE GAUT RECALLED.
Judge Cant was recalled by defense.
| was present at the time Judge Frazier
returned 10 NV Office. The Sheriff had
been to the capitol and sought admission.
The door walfastened and ne saw a colored
man with pistol, who appeared TO be
guarding it. / have said the Sheriff, but !
believe it was a deputy, named Shaw. l
then turned to the Code and read two sec
tions to the Sheriff, showing that he had
the same power that a Sheriff has in a
cdpids for felony, and then that if the doors
were not opened, he had right to break
into the doors of any house and execute
his writ. Judge Frazier remarked, 81 don't
want you to do that; wait till morning and
do not commit any violence. The sections
read were 3735 and 5039 respectively.
On hearing these, Judge Frazier remarked,
Although it may be law, | don't want you
to do that Go up there peaceably; tell
them YOU have got your writ, and maybe
they will let you in But, il they do not,
put il of till morning" ! read these sec
lions of the Code to show him that ne had
the power to enforce entrance. | did not
know that the President of the United
States encouraged the movement of the re-
cusant party in the Legislature. | saw a
piece in the newspapers, a sort Of protest
against the constitutional amendment |
understood that to be the general feeling
here. The people were very generally OPP
posed to the constitutional amendment. |
know Williams and Martin personally,
though my acquaintance with Martin Is
slight ! should have read that section to
the Sheriff, whoever were for or against ii.
Some Judges in East Tennessee were COM
PEELED to take the oath of allegiance to the
Confederate States, armed men administer
ing ii to them in darkened rooms. An oath
so administered we all regarded as a nullity.
MICHAEL J. HOUSTON, RECALLED.
Michael J. Houston was recalled, and ex
amined by Mr.. Trimble.
| was here when the Sheriff came up
with his posse about three o'clock in the
morning. The Sheriff tried to get in. lie
told me he had orders from Judge Frazier
to break down every door in the capitol, or
else get the bodies Of Mr.. Martin and Capt.
Heydt
The evidence was here closed
l. Mr.. Ewing: | wish to move to exclude
all evidence tending TO show there was a
conspiracy against the Legislature, the
prosecution having failed to show any con-
neCtion between any acts alleged and Judge
/ Frazier.
/ Mr.. Trimble: You can make any motion
/ of that kind when the argument comes on.
/ OPENING ARGUMENTFo THE PROSECUTION.
J. J. Noah, Esq, opened the case on be-
/ half of the prosecution.
The pleadings in this case are very sim
| pie and easily understood. The Judge i'm
! peached and to be tried is charged with
having, during July, 1866, interfered by the
exercise of certain judicial powers with the
| rights and privileges of the House of Rep
resentatives of this State. Perhaps | may
be allowed to say that in the issuance of this
| writ of habeds corpus the Judge is not TO be
charged with corrupt intentions. Perhaps
we may even admit that it was a self-con-
ceived duty. Judge Frazier fully admits
every charge in the articles, but denies the
corrupt, felonious, willful and venal exer-
else Of this power Perhaps, too, the State
may be willing 10 admit that in the issu-
ance of the habeds corpus there was no wrong
committed However they might have
done so. The Legislature made no demon
STATIONS of resentment to this act of Judge
| Frazier. They made a respectful return
| to the writ. They denied indeed that Judge
! Frazier had any jurisdiction in the case,
/ and maintained that for him to attempt to
/ exercise it was an invasion Of their privi-
/ leges and rights. The Sergeant-at-arms by
counsel represented this to the court. These
are the proceedings upon which the court
| has to pronounce Judgment.
The impeachment OF Judge Frazier was
! not decided on till the constitutional amend.
ment had been passed by the called session
| of 1866. The excitement consequent upon
the introduction and discussion of this
amendment had passed. 1t was an &C
complished fact and mems minds were
| Quoted 1t is Characteristic of the Ameri-
can people that, however great political
issues. so soon as the decision of the popu-
lar voice is known, all parties, however adj
verse they might heretofore have been 10
the result achieved-all concur in accept
ing il and the excitement subsidies with
the conflict that engendered it, Mr.
Williams and Mr. Martin, the recusant
members have brought an action against
the members of the Legislature for false
imprisonment, laying the damages at a
very heavy amount, "a though they had
determined that there should be no sting, no
prick. no spur, by which the Legislature
should be driven 20 the assertion of its own
majesty and the vindication Of its most
sacred privileges The court will thus see
that there are matters pending which may
involve the gravest consequences TO the
members of the House Of Assembly. But
the action of the House of Representatives
has not been instigated by motives of re-
sentiment or revenge, but simply for the
vindication Of their own rights. Punish
ment Is inflicted that others may see and
be afraid.
Article 2nd Of the constitution section
II provides that " each House may deter
mine the rules of its proceedings, punish
its members for disOrderly behavior, and
with the concurrence of two-thirds, eXpei
a member, but not a second time for the
same oiIense; and shall have all powers
necessary for branch Of the Legislature Of
free State" When the words twO-thirds
are mentioned here, il Is clear 20 my mind
not that two-thirds Of allihe members that
90 10 make a full house are intended, but
two-thirds Of those only who occupy, or are
entitled TO occupy seats in the House, eX-
elusive of all vacancies. This may seem
10 some rather an advanced view Of the
matter, bat ] am satisfied that IL sound
and correct view. | shall insit that two
thirds Of the House Of Representative
means two-thirds Of all those who hold
seats in the body, and that in cOmPuta-
ton OF two-thirds you cannot count vacant