Year: 1867

seats, whether they be vacant from death or
any other cause The whole number
entitled to sit in the House of Representa-
tives is eighty -four, two-thirds of which is
ifty-six The whole number of persons
having seats is sixty-nine, two-thirds of
which is forty-six, and that number
maintain is a quorum. Congress computed
its two-thirds not from a number including
vacant seats, such for instance as those va
Gated by the absence Of members from the
Rebel States, but from the number of mem
bers in actual possession of seats. The
House of Commons from time to time has
altered the matter necessary to constitute
quorum. Sometimes il has been as low as
twenty. This mean has been held to be
sufficient for its organization, although a
greater number may have been necessary
for the transaction Of business.


The invasion of privilege is the crime
charged here. What are the privileges of
a legislative body are clearly and succinct-
ly set forth by Joseph Bartlett in his Legis-
lative Guide, which is compiled from the
writings of Thomas Jefferson. The doc
trine of privilege is here clearly educed
from the necessity of stringent rules and
stern order as among the most indispensi-
bic requisites of 4 legislative body. And
self government is clearly essential TO the
maintenance of this strictness of rule, and
nothing can be tolerated from any extra
neous source whatever that initiates against
this power of selfgoyernment This fact
in the very first blush Of the matter, would
seem of itself to discredit the power as
sumed by the judiciary in the action Of
Judge Frazier.


The President of the United States we
know has a policy--a policy which he
deems as necessary to his existence as the
breath of life itself By this policy he
aims to override every thing that opposes
itself to his will and crushit as beneath the
wheels of hispolitical Juggernaut. We know
that his far-reaching hand has been felt in
this latitude-that those under the inspira-
ton of his spirit, and the direction of his
will, have essayed by cunning and chica-
merry to accomplish that which Judge Fra.
zier has attempted by an unjustifable
stretch ofiudicial power. His estimate of
a Governor and Legislature that could not
be bent in compliance to his will, was full
ly expressed in the language he used to
Buck Lewis. He has damned sight of
Use for a Legislature" From the marble
palace all white without, but full of dead
mems bones and all corruption within, he
has issued his mandate, and his compli-
ant minions are expected to obey it,


A great deal has been said on behalf of
Judge Frazier of an apologetic character.
We are told that he is a slow man and ar
riYes at his decisions tardilv and with
much deliberatiOn. But whatever may be
the characteristic of a Judges mind thus
much we have right to expect of every
man that sits upon the Judgment seat, that
he should know the laws of the land. In
the present case, that was not a common
application of statutory enactment where
any Judge might err in its applica-
tion, but 1t was usurpation of power in
its effects infringing on the rights and
privileges of the law-making power itself
and thus in express violation of the
provisions of the constitution of the State.


We have been told that Judge Frazier was
a pure man and so was Benedict Arnold
and JnO. G. Breckenridge and jeff. Davis !;
and so was DIR. Webster, the murderer of
DR.. Parkman, and Booth, the greatest as
sassin that the world ever saw-the man
that compared himself with Brutus-these
NCiC All PulC ulitli tucy COululltl6u lllt
crimes that have made them Infamous. Up
to the time that Booth committed this as
sassination, / say he ranked among the pure
And even for this crime he alleged good
intent.


But, as have said, it is not malevo-
lence or resentment that instigates the Leg
islature on this prosecution of Judge Fra
zier. To him they entertain no harsh or
unkindly feelings, bnt they regard him with
sentiments akin to those which prompted
the heart of our Redeemer when his ene-
mics were mailing him to the cross" par
don (sic) them, they know not what they
do" No, but the Legislature designs mere
ly the vindication of its own rights and
the maintenance OF its privileges against
Judicial or any other usurpation.


The court then adjourned.