Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-11-03

vested in the Legislature. Hence he was
not willing, with the lights before him, to
vote for the bill, and moved to pass the bill
over informally.
Mr.. Cooper. of Davidson, said that if the
Senator from Humphreys would change his
mind after giving the bill a careful
examination, he would not oppose any con-
tinuance; but he introduced the bill at an
early day of the session, and the Senator
from Humphreys had had from the second
day after the organization of the Senate to
examine the questions involved in the con-
stitutionality of the bill. The bill had
been submitted to the Judiciary Committee
and arguments have been presented by the
Chairman of the Judiciary Committee. who
assured the Senate that the committee
with the exception of the Senator from
Washington, (Mr Nelson, were satisfied
that the pardoning power in this case
rested with the Legislature. The honora-
bic Senator says that the argument was
not satisfactory. If he could see anv
means by which any more light could be
| afforded the honorable Senator, he would
| not oppose the postponement. The cues
ton was one that could be as well determined
then as if they were to postpone it for a
month. Had they the power as Legisla-
ture to remove pains and penalties imposed
by a constitutional court? Where was the
provision of the constitution that would re-
strain them from passing this measure |
Independent of the constitution. thew had |
all the Legislative power and could oyerturn |
any verdict or judgment of any court in |
the State OF Tennessee. = The penalties i'm /
posed on Judge Frazier were in the name /
OF the State OF Tennessee Why could they |
not do justice to the honorable gentleman |
He did not doubt but that the Senator
from Washington (hIr Nelson, and the
other members of the court thought they
were dong right. We have the right to |
determine whether that court adjudicated
correctly and according to law. Believing
that the question was simple and under
stood by the Senate, he would enter his
protest against continuance of the mea-
sure
Speaker Thomas said he disliked yery
much to persist in his request. He was in
favor OF the passage of the bill and the
relief asked for, but would not for any per-
son sacrifice principle of government |
that would set precedent by which leg
Islatlve body of the State of Tennessee be- |
comes Court of Inquiry. They all knew
that the verdict was rendered by the high |
EST court known In the form of govern
nent-a Court of Impeachment. If there
we're any powers of sovereignty not dele
gated to the departments of the govern
srnment, they were certainly reserved to
he people. A court of the people, and not
he Legislature, could remove the disabili-
les of Judge Frazier
MIR. Cooper, of Davidson, referred to a q
ase that had been decided by the
supreme Court, which Seemed to satisfy
DIR. Thomas, and he withdrew his motion
o postpone the bill.
The bill then passed its third reading bv
he following vote: -
Ayes-Messrs. Clementson, Cooper. of
Sedtord, Cooper, Of Davidson. Cubbins I
Jason, Faulkner, Greene, Hall. Hart, 1
tawes, Luttrell, Martin, Millsaps, Morris, v
lctall, Palmer, Peyton, Pearson, Self l
nd Speaker Thomas-2O.
Noes-Messrs. Nelson and Cason-2. I
MIR. Cason, in explaining his vote, said l
e was IN favor of removing the disabilities \
Judge Frazier, but could not vote for 5,
he bill because it says that the decision of ;
he court was unjust. : He believed the de- '
ision was just
SENATE BILLS ON SECOND READING. I
10 repeal certain portions of an act to =
lrther extend the exemption laws of the | ,
tate. Passed
10 redeem the old issues of the Bank of
ennessee. Passed and referred to the 81
nance and Ways and Means Committee.
10 repeal all laws granting State aid to St
thermal improvements in this State. =,
assed A
10 increase the fees of the Justices of the =
eace. Rejected.
FIFTH CHANCERY DIVISION
House bill to change the fifth chancery q
vision passed its second reading Il
The Senate then adjourned until II A NJ
'-morrOw a