Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1875-05-13
JUDGE FRAZIER OF TEN
NESSEE, AND JUDGE
DURELL OF LOUIS
lana.
A Parallel.
The Action OF tine Dem ecratiC
Party VS.. The Action Of the
Republican Party.
A Candid Statement of the Case

about the Louisiana troubles, and the eff
fort has been in all that has been said by
the Democratic press to make political
capitol out Of the unfortunate state of af.
fairs in the unfortunate State.
An able article published in the April
number of the Southern Ldw Reviep, BY
7. M. Cooley, is being copied in many of
the Democratic papers. To this article l
direct attention, not for the purpose of
criticism, though it is evident Mr.. Cooley
leans to the Democratic side, but to get
at the law governing State Legislative
Assemblies, for here it is well stated with
that characteristic precision for which Mr..
Cooley is noted as legal author. In
this article the action Of Judge Durell Of
the U. S. District Court, is justly stigma
tized as an usurpation without parallel in
Republican government. But what did
Judge Durell do? He as Judge issued
an injunction or order directing the U S.
Marshall to seize and hold BY force the
State House of the Legislators elect
Thus transferring to the Court for adju-
dicating the question of the election and
qualification of the members OF the Leg,
islatufe, a matter which of right belongs
to that body alone and with which the
Court had nothing to d..
Going along with this right exclusively
vested i'll the Legislative Assembly of the
State to judge of the election and quail
ifcation of its own members is the equally
important right or rather power inherent
in every legislative body to perpetuate its
own existence and to provide by such sa'
lutory means as may be deemed necessary
against its own dissolution, other than by
its own action and the right or power Of
Legislative Assemblies to enforce BY
arrest and Imprisonment if necessary the
attendance of its members has never heeI
questioned. The one right is as sacred
as the other, and both are absolutely nee.
essary in every Republican government,
aud must remain exclusively in the Leg
islative body. Like the Parliament O.
Great Britain, tie State Legislatures o
the several States, are supreme, represen
ting the sovereignty Of the people, except
in case where the people have imposed
restrictions in the State Constitution, O
the Constitution of the United States
Such is our theory Of Government. Nov
what did Judge Frazier Of Nashville do
After the Legislature of Tennessee ha'
met and organized in legal form. certain
of the members in order to reduce th
House below quorum and thus proven
the ratification of the XIV amendmen
to the constitution of the United States
bolted and vacated their seats. In th
exercise Of the power inherent in tt
body, the Speaker Of the House ordere'
the arrest of the refractory members -
Some we're arrested, and held TO answe
before the bar of the House, and Will
thus held, Judge Frazer issued an in
junction restraining the Sergeant at Arm
while acting under the orders of th
House from holding in custody membe
for contempt and violation of rales, an
when the injunction was disregarded b
the House, Judge Frazier aud the ofiieel
Of the judiciary, forcihly executed ii
process Of the Judge, and took the parti'
from the custody Of the House, and n
leased them. These two cases SO far
the actions of the Judges are concerne,
Q are exactly parallel, and both may
justly stigmatizcd as usurpatiOns. No
what followed! Note the facts as hi
tory records them. A Republican Hou
8 preferred articles Of impeachment again
Judge Frazier, End Republican Sena
:, tried and convicted him, aud JUDI
a Durell, of Louisiana, was forced to resi-
!. his Judgeship to avoid impeachment by
e Republican Congress, which would hs
G resulted in trial and conviction by
Republican Senate, and now a Republ
can Senate refuses to endorse the acti
Of the party in Louisiana claiming to
: Republican by the rejection Of the Sen
; ator elected by the Illegal Legislatul
,f| and Republican Congress has rep
:. dated the acts Of the same party BY givi
i the Legislative department Of the st'
government into the hands Of the cons
yaties, and as the U',iOR and Ame1Ic
we'll saws, The success Of the comp