Year: 1867

purpose ordered Their arrest by one OF IFS
OWE officers, the Sergeant at arms The
Sheriff, armed with the authority of the
defendant as Judge of Court of limited
jurisdiction, was sent to arrest the two
prisoners, 10 rescue them from the Gus
tody Of the officer to whom their
safe keeping had been confded, and
to bring them under a writ of habeas
corpus before the defendant as Judge ofthe
Criminal Court Of Davidson county. This
was done the fact is neither denied nor
palliated. lt is Justified as a proceeding
coming within the province of the Judge
in question. If by your Judgment this
usurpation Of power and prerogative be re-
buked, there will be an end of all such at
tempts for the future, but if you sustain and
sanction the proceeding, then YOU will con-
firm not only the right Of this assumption
Of the Judiciary, but also Of minority oft
Legislature TO resist and obstruct all legisla-
tion when it may seem proper or polite to
DO so.


The history Of the extraordinary session
of July 1866 is very closely identified with
the history of the State government itself
As we have been told more than once, our
State in consequence of the rebellion had
been left without civil government. II
had been deprived Of the protection Of law
and Of the power to maintain order and
enforce obedience to authority. 1t was
recovering, however, from its forlorn and
abject condition. The constitution had
been established, a Governor had been
placed in office, the Judges had been invest
ed with their ermine, and a Legislature
had been elected They were met, and |
need not say, with virulent hatred and
better hostility, and it is no proof
that when the Legislature was called
together there was manifest determine
tion TO destroy the government and put
another in its place. There was a prece-
dent already in existence which the NAL
contents We're preparing TO follow That
precedent is found in the case of Rhode
Island, which some twenty five years ago
determined on an amendment of its consti-
tuition. Up to that time that common
wealth retained its ancient constitution
which it had received from the mother
country, modified only in these neces-
sary particulars which a change from a
British colony to a free State would carry
with 1t. Well, this attempt to supersede
the old by a new constitution was not
50 amicably arranged as might have
been desired. The result was TO create
two rival governments, aud the case
of Martin Luther against -- shows that
the courts of law held that the government
then in existence was the true government
Of the State, and Capt. DorT, who was the
leader ofthe revolutionary party, died, if
remember correctly, only few years ago
in the penitentiary.


Ii will be remembered that at the time
Of the called session in 1866, Congress had
not recognized our State government. 1t
was important, therefore, for those parties
TO prevent Congress- from according to
us this recognition as the govern
ment IF the State. There were men of
legal attainment and keen intellect
and these were striving to see that there
should be no such recognition if they could
prevent it.


A proposition was submitted as condi-
tion of organization, which was that the
Legislature should ratify the constitutional
amendment. 1t was not submitted 10 the
Legislature as such amendments ordinarily
are to test the practicability of securing its
adoption by two-thirds of the States of the
Union, but as condition of this States
being allowed TO send delegates to the Fed
eral Congress. The rejection OF this
amendment would have etfectually ex-
cluded Tennessee from all participation in
the Federal government. The object of
these men was 90 prevent the acceptance Of
this amendment, and had they succeeded
IN this, a more extended and comprehen-
siye game was TO have been PLAYED by
them outside of Tennessee; but the scheme,
when it was thought 10 be on the very
point Of realization, was hlighted by the
untlmely blazt of the Northern elections in
the early fall Of 1866. Why do counsel
on the other side 80 pertinaciously urge
that all evidence shall be set aside aud ig-
nored tending 10 prove conspiracy
Surely, II conspiracy was ever proved in
any case, it has been proved here. A letter
We have seen froma party occupying posi-
ton of confidence aud trus, near the person
of the Chief Magistrate of the country sends
a letter to gentleman in this State and
hegs him 10 use his influence with a mem
Der of the Legislaturito induce him to feign
sickness and absent himself from his post.
SO that he may contribute by his absence.
20 prevent the assembling of quorum.
That will keep Tennessee ont Of Congress,
and this accomplished YOU shall be reward
ed and all your ASPIRATIONS satis6ed-the
bread and crumbs of Executive patronage
shall be yours in abundance. Couspira
cies, unlike robbery and murder,-crimes
which men of a bolder and more defiant
state of mind will sometimes perpetuate
openly. are hatched in secret. Whether
Judge Frazier was a participation in that
conspiracy is 4 matter of no moment, and
certainly II a. question which | shall not
here attempt 10 determine.


How the Ear which be enacted iurthered
their design has been clearly seen. BY has
authority the oihcer OF the House was ruth
lessly seized and imprisoned and made to
pay ten dollars costs, and the prisoners he
had in charge were released. lf no party
10 the conspiracy, he certainly played into
the hands Of the conspirators most ad-
mIrshly.


The Speaker here cited numerous au-
ihouiles aud read copious extracts from re-
ports and decisions, which, il was claimed,
established the doctrine that the control OF
| the Legislature over lis members was final
and absolute, aud that no appeal could be
! taken from its decisions.


The court then adjourned To nine o'clock
! tomorrow morning.


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To THE PUBIC IN GENERAL.-You our at.
tention Is respectfully called 10 the daily