Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-05-25

| by an honorable Senator TO exclude politi
cal topics from the arguments of counsel
Ii such course were practicable, | should
much prefer that it were adopted, but
fear it is not. 1t is politics, I fear, thai
give the true and the only solu
ton of some of the questions which
the court will have to decide. This
think, will be apparent as we adj
vance with the argument. For myself
shall seek to know what the truth is, and
to impress it by argument upon this court
II Is necessary, in order to Justify these
proceeding, that the evidence should estab-
lish the fact that a wrong has been done.
and done willfnlly, knowingly and inten-
Gonally. | think ! shall be able TO show
that on a careful and impartial weighing
Of the evidence submitted to this court. this
is the conclusion, and the only conclusion
to which We must come. 1t is not SO much
with Judge Frazier, personally, that We
have to do, but with the question whether
one of the officers Of the'State, has not by
illegal proceedings, forfeited his right 10
administer the laws, or in any way to be
clothed with the official authority of the
State. Section of article ID of the
constitution, provides that no person
belonging 10 one Of the DEPART
meats of the goyernment--the legis-
latiye, judedIal, or executive shall exercise
the functions pertaining TO either Of the
others. | state that under this arrangement
any one belonging to the Judicial depart
meat, If he seeks to exercise the rights
belonging to the legislative power, is guilty
of a grave effense In like manner, the
ohense is equally great, If by false appli-
cation of the power belonging to him, he
prevents any of the departments from ex-
ercising theirslegitimate functions. Vide
Federalist 475. The legislative is the only
one that is allowed, perhaps, in some ex-
Ceptional cases to exercise the functions of
the other
The Legislature had been organized
under Its first seSsion-had appointed its
oficers-its rules-its authorities, and,
therefore, had the right to exercise any
power belonging to the Legislature of a
free State
There were, as have stated three fields
to be looked to. The first was that of
State of Tennessee. This State occupied,
at the time we are now treating of, pecu-
liar position This State was unfortu-
nately torn from the embrace of its sister
hood of States. 1t was like 4 city torn
down and without walls. Following that
condition there was an attempt to restore
it to that family of sisters, and in that at
tempt originated the matter here COM
planned OF. All had been done but to take
the last step prior to our complete restora-
ton to the Uuion, and this was to ratify
the constitutional amendment of the
United States. Now we know there was
a great general organization to
frustrate this glorious communication.
We know that men Of standing, promi-
nent citizens, sustained it. 1t is unpleas-
ant to me to make allusiOn to individuals,
especially to the counsel on the other side
engaged in this case. But in this case |
can scarcely avoid doing so. The Hon. ].
| S. Brien there tells Us in evidence that he
was in opposition to the BrownlOw govern.
ment He explains, however, that he dis
tinguishes between the government o.
| Gov. BroWnlOw and the State government
by whom was this conspiracy organized ant
against whom? l think the testimony i;
complete that it was against the Stat'
/ government, and that it was sanctioned
| by those who were friendly Il
| that scene of bloodshed that commenced il
| "a. But the good ard excellent reputation
| of Judge Frazier has been urged against
| the probability of his being in any way
implicated in this proceeding He was, i
/ is said, Union man and suffered severely
| for his devotedness TO the government o
| his country. Well was there not a Juda
among the followers Of the Prince of Peac,
| himself? What ! would ask ia the mean
ing of that remark of Judge Frazier's wheI
first the subject of the habeds corpus wa
named to him, now you have come to ge
| me into trouble ?" 10 shows that there wa
a knowledge on the part Of the defend
ant that a wrong and illegal act was to b.
| done. Character il is well known, goes 70
very little in a court Of Justice, excep
| when the evidence of the defendants gull
or innocence is very nearly blended Witt
| the review of the evidence and this exposi
ton of the law, | doubt not the court viii
concur with me that the public well-beinl
| and the honor of the State require that thu
| defendant should be disrobed Of the powe
] with which he is now ROBBED.
The court adjourned till tomorrow a
nine o'clock.