In the days following the Civil War, Tennessee remained sharply divided politically with Radical Republicans controlling the state.
One of the worst political incidents occurred during the Tennessee governorship of William Gannaway “Parson” Brownlow.
Brownlow succeeded Andrew Johnson, who had served as military governor of Tennessee, in March 1865 and served two consecutive terms. The issue grew even more complicated with Johnson being elected vice president and then succeeding assassinated Abraham Lincoln as president of the U.S.
Brownlow basically forced the state legislature to ratify the 14th Amendment in 1866. That did result in Congress in restoring Tennessee fully to the Union and saved the Volunteer State from the brunt of the political reconstruction forced upon the other Confederate states, but it was a harsh process that included holding legislators under custody and the impeachment of Judge Thomas Neal Frazier.
Frazier, who served in criminal court in Rutherford and Davidson counties, was impeached in a dispute over that same amendment, which (among other things) allowed former slaves to become full citizens of the United States.
Frazier dared to issue a writ of habeas corpus for various state representatives who were being held under custody of Capt. William Heydt at the state Capitol. Heydt had arrested the representatives at their homes and brought them to Nashville in attempt to force a quorum of the Tennessee House of Representatives.
The amendment was passed, and the Brownlow administration decided to impeach Frazier for his actions.
Frazier picked the capable attorney Edwin H. Ewing to represent him in the case, which he ultimately won and returned Frazier to the bench in 1870.
Both men are nearly forgotten today. Frazier is best known for his home, the Buchanan Log House, on Elm Hill Pike in Donelson. The two-story log home is on the National Register of Historic Places and is owned by the Association for the Preservation of Tennessee Antiquities.
While Frazier didn’t build the log home, he later lived there and so did his son, James Beriah Frazier. He was a popular Tennessee governor 1903 to 1905, and was a U.S. Senator 1905 to 1911.
As for Ewing, he was one of Tennessee’s top lawyers and was known for his stirring oratory. A graduate of the University of Nashville, he was called on to deliver an address on the 100th anniversary of that institution on Dec. 10, 1885.
But perhaps more importantly, he was nationally known for his speech he delivered following the death of his friend and associate Daniel Webster.
Politically, Ewing was a Whig. He joined the party during the 1836 Presidential campaign in which he actively supported William H. Harrison in the 1840 election. A year prior, he was elected as a trustee of the University of Nashville.
Ewing was elected as a Whig member of the Tennessee General Assembly in 1842, where his speaking reputation continued to grow.
In the presidential campaign of 1844, he actively supported Henry Clay against Democrat James K. Polk, who’s wife, Sarah, was a Murfreesboro native.
In 1844, Ewing’s wife, Rebecca died. He would remain a widower the rest of his life.
In late 1845, he was elected to fill a vacancy in the U.S. Congress. He served two sessions in Congress from Dec. 1, 1845 until March 3, 1847.
Ewing did not run for re-election claiming “a distaste to a seat in the House.” Rep. Alexander H. Stevens of Georgia said his speech on the 1846 tariff was the best delivered on the Whig side. Ewing made several other memorable speeches in Congress.
On the Fourth of July 1845, Rep. Ewing was the orator at the ceremony at which the cornerstone of the Tennessee state capital was laid. The Tennessee Capitol was completed in 1859 and is one of the oldest working capitols in the United States.
Ewing’s law firm hit its full stride in the years before the Civil War, as did his fame as a jurist, earning his frequent duty as special judge on the Tennessee Supreme Court. The law partnership with his brother Andrew Ewing also prospered.
By 1850, Ewing was a wealthy man. In April 1851, at age 41, he left Tennessee on an extended European tour, returning some 18 months later to resume his law practice.
A preface to a book written by another Tennessee is a reminder of his visit.
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