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

sent, passed a resolution, ordering one William
Heydt 70 arrest petitioner. with ather member
the direction Of said members. did, on the = day
of July. 1856, BY his agents. arrest petitioner al
his home IN jackson county; that he was i'm
mediately brought to Nashville, and has ever
since been kent 3 prisoner. and IS now a pris-
0ner IN the custody of said Unydt; that in view
OF q writ of hdbeGs corpus being sued out, OF
which had been sued out by another member
confined with petitioner, said members at the
capitol, passed a resolution, in which they style
themselves 4 House Of Representatives, and in
and By said resolution. ordered petitioner with
others. TO be still kept prisoner.
y our petitioner expressly charges, that the
persons who passed these resolutions, were not a
House Of Representatives; that they did not
have quorum that at no time since the proc
lamation Of the Governor. has there been a
quorum present.. hfty ia 0s tw0-th thirfs have not
been present, or were not present a either Of
said times, when said resolutions were passed +;
that the Speaker had decided there was no
quorum. and that the object of the arrest was 10
make quorum.
Your petitioner expressly charges that said
body OF men, less than a QuSren had no power
or authority Of law for bis arrest.
our petitioner, expressly charges that he
IS illegally restrained of his liberty at the capitol
at Nashville. by William Heydt.
That according TO the best Of has information
and belief, he was arrested under, and by
authority OF resolution in the following words:
Resolved by the House OF Representatives OF
the State Of Tennessee, That the Speaker be d
reeted to lssne warrants OF arrest for Messrs.
Martin. Representative from Jackson county;
Brittle, from Smith county Marshall. from Ben.
ton and Humphreys counties; Porter. from
Henry county; Oyerstreet, from 0yeFtOn: and
Williams. from Carter. refractory members Of
this House; and that Captain Wm. Heydt. as
sergeant at arms. be authorized to employ such
assistance rs may be necessary to carry into eff
feet the orders of this body and that said Heydt,
as sergeant -at-aTms, bring said members before
this House. to answer for their dis0rderly con-
1896"
And petitioner expressly charges. that this
resolution was not what il purpOrts 90 be. res
OlutiOn Of the House Of Representatives but
that, in fact, il was passed by less than n QUO
rum. after formal decision that there was no
quoram.
Petitioner further ayers. that the validity or
legality OF this arrest has not been adiudged
upon prior proceeding of this, to the best of
petitioners knowledge and belief: and that this
is the first application for the writ Of hGbeas
The premises considered. let said William
Heydt who is now in Davidson county. be made
the writ Of hebsds cOrpRs issue,
to have petitioner brought before your Honor
that justice may be done in the premises; and
that he may be no longer restrained Of his lib
erty and let him answer this petition"
STATE OF TENNESSEE, DAVIDSON CsUNTY :: "A
J. Martin makes oath that the facts stated in the
foregoing petition are true to the best OF his
knowledge and belief; "A. J. MARTIN.
Nv. L. MATHEWS. Justice Of the Peace
And thereGpon, respondent as Judge afore-
said, issued the following precept 20 the Sheriff
Of Davidson county:
STATE OE TENNESSEE. DAVIDSON COUNTY
To the Sheriff of said County OF Davidson
Whereas. A. j. Martin has presented to me, bis
petition sw0rn to, in which is S alleged that he
is a citizen of jackson county, Tennessee, and
that he has been arrested. and illegally re-
strained Of his liberty. by one William Heydt.
in the capitol, in the city OF Nashville. in said
county OF Davidson, you are hereby commanded
to read and make known the contents of this
writ 10 the said Heydt, and command him to
bring the body of the said A. j. Martin before
me, at the Circuit Court room, in the court
house in the city of Nashville, in the said comfy
Of Davidson. instanter, together with the cause
Of his said arrest and detention, that he may he
dealt with as the law directs. When and whore
you will return this writ, with a return thereon,
Of your doings in the premises.
This 10th day Of July; 1866.
Judge Of the Criminal Court"
And The same was returned on the 10th day of
July, 1866 as follows;
"Came TO hand July 70. 1866, and executed
this writ as commanded. and the defendant.
William Heydt, is now before the court Cor trial.
/ have also brpoght the bcdy ofVtS gst.ti0zsr.
A. j. Martin, before the court, to BE dispc1ed af
u the law directs. This 10Th day Of July. l566.
Nv. c. SEAw, Deputy Sheriff."
And thereupon, respondent, a. Judge afore-
said, announced the following Judgment:
A. ]. MARTIN 0s. WILLIAM HETDF-PETI-
TIoS FOR WRIT OF HABEAs CORFUs.-ln this
case writ was issued upon the foregoing petit
ton, and placed in the hands Of the Sheriff Of
Davidson county, on the 18th of July 1866 and
returned by said Sheriff on the 10th of July,
1856, before me. at the courthouse, in Nashville
thai. it had been executed on the de-
fendant; and the said defendant, ,Heydt.
having appeared before me, with the
body Of the said petitioner, A. ].
Martin, as required by the writ; and the defend
ant, Heydt declines to make defense to his action
in the pre- misses and agrees that it abide the de-
fcfo of ha f3an Of do
cided by this court on yesterday, on a precisely
similar application, and the court being fully sat
isfed from the reasons assigned In said case Of
Pleasant Williams, and which is hereby referred
to IS part Of this judgment that the petitioners
illegally restrained Of his liberty. 1t srtberefore
ny me, that the said A. j. Martin be
released and discharged from the custody Of the
defendant Heydt and go hence without delay
and that the defendant Heydt, pay the costs OF
this application, which he at once paid IN the
presence of the court and the said Heydt is hence
This July 10Th 1906
:" judge Of the Criminal Court for Davidson
and Rutherford counties"
Respondent would state, that the case Of said
Martin, was not argued, or sought to be- by coun-
'el for either side, but went on, on the reasons
ziven in the case Of Williams. and without any
return Of the reason or manner he was held or
Of his liberty.
Respondent would now submit to the court the
following sections from the Code OF Tennessee,
which then and now, he cOnceives 90 be sbliga-
ions imposed upon him by law. and define his
luties as Judge, in cases Of habeas corpus
See. SI20, Any person. imprisoned or re
strained of his liberty, under any pretense what
0ever except in eases specified IN the next sec
ion may prosecute writ of hd6eds corpus, TO
INQUIRE into the cause OF such Imprisonment and
estraint.
Sec 372i. Persons committed or detained, by
rirtue of process issued by a court of the United
States, or a Judge thereof, in cases where such
Judge, or court, have exclusive jurisdiction, by
q .aH~ - IA HNm naa
act entitled to thesbeneits Of this writ.
Sec 3722 Application for the writ, shall be
made by petition, signed either by the party Tor
whose benefit it is intended, OF some person on
lis behalf, and verified By afhtavit.
'See 3729. IL is the duty OF the court, OF Judge
o act upon such applications instanter and a
wrongful and willful refusal TO grant the writ
when properly applied for. is misdemeanof IN
,fice, besides subjeeting the Judge 10 damages
It the suit of the party aggrieved
Sec 3!46 At the time Of making the return |
be person on whom the same has been served, |
hal, also produce the body Of ne person DE-
aimed, according 20 the command of the writ, or |
how good cause for not doing 30.
Sec 3747. If,the cause shown for not producing |
uch person be sickness, or inhrmity, the fact |
hall be verified by affidavit. and other evidence |
Sec. S75l. The party detained shall be re-
handed to custody, if 1t appears he is detained
lst By virtue of process issued by court, or /
Judge of the United States in case where such |
,ourt or Jadge has exclusive jurisdiction.
I'd. Where the time during which said party /
nay be legally retained has not expired.
Sd. In every case in which the detention IS /
authorized bg lai0
sec 1852. The cost of proceeding under this /
hIpter, except when otherwise expressly pro- i
fided shall be adjudged as the court or Judge /
nay think right, and taxed and collected as IN /
,ther cases"
Also respondent submits to the court the /
ligh and solemn obligation imposed upon him,
IS Judge Of the State, to see that all the rights
~ the citizen are administered. By section Of |
he BILL Of Rights" Of citizens, II Is declared
That no free marshall be taken or imprisoned. /
II disseized This freehold liberties. or prUtsges,
" outlaWed or exiled, or in any manner de-
troyed. or deprived Of his life, liberty. or pro-
,erty. but by the judgment OF his peers. or ihs
Gie Of the land"
II will De evident to the court, from q very
Iizht observation Of the sections Of the Code re-
atinE 10 ha6sas corpus, and the constitutional
ause relating 70 this writ and the liberties 0tthe
itizen, that respondent, as Judge Aforesaid,
vas placed under the highest and hOiiest sbliga-
ions Of the law. as well as penalties. 20 protect
he citizen against every illegalrestraint put up
N his liberties or privileges and that IN any
ase Of doubtful legal authority to restrain a
itizen. il would be the duty OF the judge, OF
Oprt, 10 order his release, because II is more an
harmony with the spirit Of our laws and Insutu-
,e committed 10 favor Of liberty and freedom
Respondent admits that he knew that both 1
f0uses Of the Legislature. when c0nstitutionelsy
lrEsuized and duly assembled, with q quorum
resent. po1sesssd high and important priyi-
sges bat ne dad not ku0N that individual mem
,ers had other or greater privileges than pri-
ste citizen, until sufheient number Of them
lad assembled together 70 constitute eonati-
utional body comPetent 70 act. ksspondent
ldmits that be was Cnd TO know, and that he
id know, at least some Of the laws Of the land,
3 well as some, if not all, the provisions Of the
constitution Of the State Of Tennessee. But hs