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

the Clerk of the court having jurisdiction
of the case, to be certified by the Judg
and Attorney General to the Comptrolle
for allowance. Passed first reading.
By Mr.. Cubbin-A bill to reduce tn
charter of the city of Memphis into one act
Passed first reading, and referred to tn,
Judiciary Committee.
4 By Mr. Hall-A bill to amend the reve.
1 nue. laws of the State, so that every in.
, surance company, whether marine, life OIL
accident, doing business in tie State, shall
be required to deposit with the Comp
troller 800, 900 as security for the citizens.
Passed first reading and was referred to
the Committee ON Finance to WAYS and
Means.
By Mr.. Slaughter-A bill to incorporate
the Upton County Industrial and Mechan-
ical Association. Passed first reading and
was referred to the Committee on Incorpor-
atoms.
By Mr. Self-A bill to transfer certain
stock. The bill repeats so much of section
80 of an act passed May "a, 1866 as trans
fers $4,000 owned by the State in the
East Tennessee and Georgia Railroad Com
pany to the Greeneville and Paint Rock
Turnpike Company, and transfers the same
to the Greeneville and Paint Rock Railroad
Company, to be used in its construction.
Passed first reading and was referred to the
Committee on Internal Improvements.
| JUSTICES OF THE PEACE.
House bill to repeal the law creating an
additional number of Justices of the Peace
and Notaries Public for Memphis was taken
up.
Mr. Cubbin offered an amendment that
only so much of the law as regards the
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Adopted.
| The bill then passed its third reading
| SENATE BILLS ON THIRD READING.
| To incorporate the Firemen's Insurance
Company of Memphis. Passed.
| ASSISTANT CLERK.
On motion of Mr.. Nelson, Senate reso-
luton pending for the appointment of an
assistant clerk was taken up and adopted.
STATE LIBRARIAN.
House resolution providing for the cleo
ton of State Librarian was taken up.
Mr.. Morris moved to strike out ''Tues-
| day Nov. 2, and insert 10th. Theamend-
ment was adopted, and the resolution as
amended concurred in.
AGRICULTURAL FUND.
House joint resolution raising commit
tee to inquire whether the $500, 600 agri-
| cultural scrip has been sold, WAS referred
| to the Committee on Common Schools and
Education.
RECESS.
A recess was then taken in order to re-
pair to the House of Representatives to
elect Public Printer This accomplished,
the Senators returned to their hall and re-
suned the regular business.
SENATE BILLS ON SECOND READING.
To incorporate the Mechanics Bank of
Memphis. Passed
To amend the charter of the Southern
Life Insurance Company of Memphis.
Passed.
To amend the charter of the State MI
tual Fire Insurance Company. Passed
To allow the stockholders of Burrett
College to elect trustees. Passed.
To incorporate the Coffee County Manu-
featuring Company. Indefinitely post
poned.
JUDGE FRAZIER.
Senate bill for the relief Of Hon. Thos
n. Frazier was taken up on its third read
ing. Mr., Cooper, of Bedford, said that
all power connected with the sovereignty
of the State is by the people vested in the
electors of the State, unless restrained or
prohibited by some enactment or section
of the constitution of the State or The Uni
ted States The right to pardon is under
| the constitution of the State vested
in the Governor, and he has the
right to pardon all offenses, except
| in cases of high crimes and INSIDE
meanors. The power to pardon such an
offense is lodged somewhere. A majority
of the Judiciary Committee believe that the
| Legislature has the constitutional power to
pardon an offense where the power is not
| vested in the Governor.
Mr.. Nelson said that he could not con-
ceive any means within the grasp of the
| Senate to show that the decision rendered
| by that court was unjust. This man whom
they proposed to relieve of his disabilities
was impeached by the House of Representa-
tives The people of the State sat upon
his case in the House of Representatives.
They impeached him according to the
| constitution The case was then sent
| to the Senate for trial That
court was organized, and they sat
as Jurors upon the case of Judge Frazier,
and they passed upon his case and pro
nOunced him guilty of high crimes and
misdemeanors. The Senate were under
taking to do a thing which cannot possibly
be done, and therefore he could not vote
| for proposition of that sort.
| MI. OlGLltuISOu bdINl lAliJ uC lAAlN NOu-
Cured in the sentiments uttered by Mr..
| Cooper. The pardoning power is one
| which belongs to every government, and
| the only channel through which that par
don can be exercised is through the repre-
| sentatiyes of the General Assembly. He
was in favor of the bill and considered it
something more than pardOning power,
| and he wanted the law to 50 express it.
1t was but due to that good and great man
that they should express something more
than extending to him a pardon.
1t was a singular case which presents
itself in the history of the country. He
was indicted for doing right, and therefore
he wanted to vote for the bill. He wanted
the records to say something more than
that the decision was unjust. They were not
extending to him pardon, as they would
criminal. The only question was, had they
the right to extend pardon to him as he
stands to-day?
| Mr. Nelson said he was a member of the
court that tried Judge Frazier, and with
the evidence brought before the court it
was impossible for them to render any
other verdict. 1t was not within the prov
ince of this Senate to decide whether that
decision was Just or unjust The only CUES
ton was. had the Legislature the right to
remove these disabilities? If that law was
passed, and Judge Frazier would be elected
to an office, if there was an appeal taken
from his decision, it would amount to
nothing.
Mr.. Hall was not aware of any law, hu-
man or divine, by which the issuance of a
writ of hdbeGs corpus could be made a mis-
demeanor in office. That the verdict of
the Senate pronouncing Judge Frazier
guilty was rendered in accordance with the
law he doubted very much. The power to
pardon is not vested in the Governor, but
remains somewhere else.
Speaker Thomas (Mr. Morris in the
chair said that there was no Senator on
the floor who would take greater pleasure
in doing Justice TO any man who has been
incorrectly dealt with, but his mind
was not clear upon the power
of the Senate to relieve Judge
Frazier Of his pains and disabilities The
arguments presented have not convinced
him that this Legislature has the right to
remove these disabilities, and he would ask
the Senate to defer further action upon it
until they could more fully investigate it.
He looked upon the position of Judge
Frazier as a dead man, and no power can
resuscitate or revive him. This pardoning
power may rest within the bosom of the
people. but from the arguments introduced
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