Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-25
House of RepresentatIves.

I Mr.. Mckinley, chairman of the special
committee appointed under the resolution
to investigate the official conduct of Hon.
Thomas Barry, Chancellor and Judge of
this State, made the following report:
Mr.. SPEAKER: The special committee APP
pointed under the House resolution No. az. beg
leave to report that proceeding IN accordance
with the same thereof. have made dillgent lnqni-
~ with respect to the matters referred to them.
sending for necessary witnesses whose deposit
tions are submitted with this report as part
thereof, and that from the evidence thus eliel
ted il is clearly manifest in the view OF SAID
committee that Judge Thomas Barry within the
wears 1866 and 1867, was habitualy guilty OF
high Office with which he is now invested.
He has apparently lost no opportunity OF ex-
hibiting spirit of bitter malignant hostility to
the General Assembly of the State, seizing every
occasion from the bench in partisan harangues
to grand juries, and in public speeches TO de-
nounce il as a bogus concern whose every act
was unconstitutional and void and to lament
what he is pleased to term the down -troddeR
state of the country. Upon one occasion he as
serted from the bench that Sumner county
would not recognize such mOnarehical form OF
government, and fined party as iof contempt
of court who Yentured to remark that the cOun-
try would have TO submit to the State govern
ment. .if..a.
The act regulating the elective franchise now
in force has been made the special mark of his
| yirulenee. He has never failed to denounce it
as pretended law. He has promised publicly
to nullify it so far he could within the limits
| of his circuit. He has deliberately charged his
| grand juries that it was wholly void, notwith-
standing il had been pronounced constitutional
| and valid by the Supreme Court of this State,
| which fact he has not only ignored, but he has
/ falsely actually asserted publicly that the STU
preme Court had pronounced il unconstitutional.
1 lie has never omitted an opportunity of stirring
up seditious and rebellious feeling upon this
| topic. He has willfully and cOrruptly set inside
laws enacted. in great part. to protect loyal per-
| sons accused of crimes from the vengeance OF
| Rebel juries, Having on one occasion tartly and
| abruptly set at naught a prisoners challenges
| to jurors on the ground that they were not en-
| franehised citizens of the State. and compelled
him to be tried by them. On one occasion be
even went the length Of denOuncing from the
| bench, in open court, man about being tried
| by him as seOundrel.
| Your committee submit that Judge guilty OF
such indecent and outrageous behavior, setting
at naught the legislative department OF the gov
eminent, always held ts be prinUs inter pare'
| of the three coordinate branches of govern
ment publicly stigmatizing it as a bogus con
| Germ, falsifying the decision Of the Suprems
| Court with respect to an important act of p0-
iitical character, actively stirring up sedltious
| and hostile sentiment With Tegatd TO said act By
intemperate partisan deelamstiohs from tbs
| bench, under the guise Of charging Frand juries
and in pablic speeches, and promising to nullifJ
| its provisions within the limbs Of his power
breaking down barriers Of Law erected for ia,
| protection Of innocentlOyal citizens against tbs
| venom Of Rebel juries, and denOuneing from tn,
| bench prisoners about to be tried before him il
advance of the evidence Your committee sub
| nit that such Judge is fit subject for the ex
ercise Of the sharpest justice known TO the con
| stitutiOn aud laws OF the State. Such Judgt
richly merits 10 be impeached, tried, convicted
and forever disqualified from holding any oficC
hereafter
The premises considered, your COMMITTEES
unanimously recommend that said Thos. Barry
chancellor and Judge, be impeached, and sub
| NIT the following resolutions, viz; s-.
Resolved by the House Of Representatives 0
the State Of Tennessee, That Thomas Barry
Chancellor Of the tn division and Judge Of tn
| Gircuis Court of Sumner. be and he is hereb
impeached of high misdemeanors in Office, whicl
nigh mlsdemeanors III oitce require his disquai
| ifcatiOn.
Resolved, That the honorable Senate be in
l formed that the House has impeached Thoma
Barry, Chancellor of the Eth division and Judg
of the Circuit Court of Sumner county, for higl
misaemeanors in office requiring bis disqualin
| cation, and will in due time. by its managers
present special articles Of impeachment, and de
| mand that the Senate take order for the appre
henson and trial Of the person above named I
| answer said impeachment.
| Resolved. That this House do proceed to cleo
three Of its members to prosecute said impeach
| ment as provided in and required By the con
su'ution 0fthe State Of Iennessee.
Mr.. Ryder moved to refer the report an.
resolutions of the COMMITTEE TO the Judici
airy Committee.
Mr., Williams hoped the motion to refe
would be withdrawn. Hesaw no necessit
for spending $4,000, or more, for the i'm
, parchment Of Judge Barry. He could b
: removed by a concurrent resolution, ate
proper notice, and that vas the course
pursue.
The motion to refer was Withdrawn.
D On motion, the rules we're suspended.
I Dir. WoOdeock offered the following i
: lieu OF the resolutions recommended By th
: special committee:
Whereas, A committee was appointed b
House resolution No. 20, fer the purpo;