Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-01

u
FRIDAY, May 81, 1867 The court met
at nine o'clock, all the members being
| present.
CONCLUSION OF Mr.. EwING's ARGUMENT.
Mr.. President and Gentlemen of the
Court I proceed with my argument at
the point where / left Off / was showing
that in order to sustain a charge of malice
and corruption against Judge Frazier, specific
acts of this character must be proven against
him. AS further illustrating this principle,
| l will quote section 479S of the Code, on
bribery and embracery, which efficiently IL
lustrates what wish to Oconvey to your minds
! in regard to the necessity there is for making
ont in any given case of accusation, charge
or indictment, that certain acts have been
| done of the kind and character specified,
and to show that in fact, in the eye of the
law, there is not, in the absence of any
charge of specific acts, any ofiense charged
at all. This section reads thus:
"4798. Any executive, legislative or ju-
diciai officer who corruptly accepts, or
agrees to accept, any giftor gratuity, or thing
| of value or any promise to make any gift,
or do any act beneficial TO such officer,
under an agreement, or with an under
standing that his vote, opinion or judgment
is TO be given in any particular manner, or
upon any particular side Of any question
OF proceeding which is, or may, by law, be
brought before him in his official capacity,
or that in such capacity he is to make any
particular appointment, shall, on convic-
tion, be punished by Imprisonment in the
penitentiary not less than three nor more
than twenty-one years.
Now, if persons had come round Judge
Frazier and said, Judge, here is case in
which we are interested and concerned, and
if you will decide in favor of Williams
you shall be our Governor" and if he had
yielded to this solicitation it would have
been bribe. Hear this on conspiracy:
"47S9. The crime Of conspiracy may bt
committed by any two or more persons con
spring
q. To commit any indictable oaense.
"2. Falsely and maliciously to indict an
other for such ofense.
"3. To procure another to be charged
with, or arrested for any such ofense.
a. Falsity TO move or maintain any
suit
"5 To cheat and defraud any person o
any property by means in themselves crimi
nal, or BY any means which would amoun
to a cheat
'6. To obtain money by false pretenses.
"7. To commit any act injurious to pub
lie health, public morals, trade, or com
merce, or for the perverson or obstruction
Of Justice, or the due administration of tn
; law"
Now, if the Judge had said in that case
if you will indict / will convict, he woulC
have been guilty of a conspiracy. But h.
is charged with an attempt TO break up th
Legislature, which is not a crime according
to this Code. Nothing that is corrupt i
charged against him; nothing is charged a
aspecife fact. From this deduoe the con
clusiOn that he cannot be convicted Of tn
charge of conspiracy TO bfeak np the gov.
T ernment on testimony that does not relat
TO the charge. This would seem to dispos
: of the proof of conspiracy, and if conspi
4 raey was proved, they have not attempte
/. to show that Judge Frazier was in any wa
! implicated in il.
1 Now We come TO that which will perhap
0 interest you more. We come to that par
: of the case regarding the decision of Judg
Frazier on the habeas corpus case. 1t
4 I not necessary for me to state the particular
of this case in detail; they have bee
l. sufficiently detailed already. Was Judg
n Frazier correct in the decision he has made
!, We decidedly think he was nay, it seen
TO us the matter is so plain as scarcely |
admit of difference of opinion. But tn
!, will perhaps be regarded as defiant" IL
3 gentlemen engaged for the prosecutio
e seem TO regard il an indignity, an offens
that we dare to come up and assert thu
Judge Frazier was right throughout Il
| IL, g Il, L.,
ception, right in its conclusion. Can tn
be alleged as a crime that a man comes Q
and says, / am not guilty Of the offen
charged to me? Surely not. j think
was right. / think / can show he w
10 right. THERE'S, however, one thought towhiC
| would advert before | proceed, though
belongs, perhaps, to another part of Il
| question. Now, if it is to be worked o
] that two and two make four, we do it
N this way, and the operation is both simp
y and satisfactory we pat a pair of two
together, and then, counting the whole, '
find they make four, and this convinces
that twice two are four. Now this is We
"a simple operation. Buff it can be shoy
Ii that Judge Frazier, in his capacity
III a Judge, has decided that twice two ma
+ fge, i am quite willing to see him declar
ld disqualified for the exercise of judici
q functions. But is this a question of twi
T. two2 If so, how comes it that the coun:
on the other side found it necessary
ID. make a speech six and half hours long
- order TO decide so simple a problem
legal arithmetic? 1t has not been foul
to be question Of such simple solutio
on the contrary, we have felt it necessary
spend great deal of time in discussing
/ bind myself to the proposition tha
can prove that Judge Frazier was legal
right, and that, as he was Judge, his
cision was morally right as to him. We
. what lies at the foundation of this inqui
as 10 his being right or wrong2 We ha
to inquire into the rights and liberties OF
Is free State. The powers Of a branch of :
nd Legislature of free State | accord in {
fullest manner 10 the House of Repress
tatiyes of Tennessee. Les me read irC
6llth section of Cushing ON the priyilal
pertaining 10 a legislative assembly.
Now, do they ask any larger powers th
these? The voIuminous extracts read
p you from law books by the last gentlem
that addressed you for the prosecution, {
in none of them nor all together assert mt
ne ample powers nor privileges as pertain
to the Legislature than are accorded he
e. The labor. therefore, that he imposed
himself was simply a work of supererOt
nf ton. But still these powers are deriy
under the constitution of Tennessee. III
constitution provides that they shall hs
, all the rights of the Legislature of a +
State They have power to command
attendance Of absent members. / say Il
either House of the Legislature of Il
4 nessee, when constituted and duly org
lied with quorum, has power 10 conn
The attendance Of absent members
4, branch Of the Legislature, then, is not
L, stricted in its powers to command the
tendance of absent members, but it is OF
less than quorum that is so restricted.
- lsay, then, that what are these pow
o. ana how and when they are to be exsrcis
are matters 20 be determined by the c,
siituiioh and the laws, and by nothing el
. hon cannot appeal TO the necessity Of
n case as Justification Of your proceediI
I.s il acase where the constitution has spok
A law Of the State of Tennessee. il
alleged had been enacted in pursuance
article ii Of the constitution. which I
| vides that a less number thau q o,,or