Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-06-14
n q RES s
or TMR
UNITED S IA Z ES.
HOUSE or REPRESENTATIVES,,
Saturday, January.
Debate on Mr. Randolph's m,tion fur the aP-
pointmens of COMMITTEES Of enquiry into the
oai2ial conduit of Samuel ChSte.
(dIr. Dana's Speech concl4Ssd }


To support such a resolution, common
fame has been mentionedln the course OF
the debate, as sufficient ground OF Proceed-
ing; and this idea is supposed to be au-
thorised by English precedent. Whatever
may have been done formerly, and in pc
Rod of rudeness,or violence, the more im-
proved system of modern jurisprudence
should discard such doctrine if it ever
preyaile even the doctrine if admit
ted, would not Justify you in adopting the
present resolution. You cannot thence in-
fer the propriety of proceeding against a
person, who is not accused of any thing
punishable--Will it be pretended that the
common fame, which is TO De a ground OF
proceeding, does not refer to any offence
or to any transaction? Common fame if
admitted for proof, must be supposedto ap-
ply to sorae subjectof complaint. On the
principle even of this very Questionable
doctrine, statement of some charge
is requisite. What then, in the present
case, is the accusation which could be sup
ported by common fame? If there BE any
xuehiet it be stated!
The gentlemen who advocate the reso-
luton in its present form, fail in their ef-
fort. to support it. Notwithstanding all the
aid they have sought from the leading
strings and crutches of precedents' Go
use of the language Of the gentleman from
Virginia. On general principles on the
broad basis of universal right, the resolu-
ton is condemned; and no precedent is
adduced which can justify it. do not
wish to shield any public officers, whether
judges or others, who may merit impeach-
ment; but | wish the House when act
ing as public accusers, to proceed IN
such manser as not to do injury to
any Individual. Justice is due to the
individual as well as to the public
No public duty can require this House
to adopt alesolution of general reproach,
yet stating no public offence. And it but
i'll accords with the principles of Justice, to
subject the judicial officers of the union. to
all the inconvenience, yexation and ex-
Pense Of being obliged to vlndicate them
selves against secret accusations, which it
may be more difficult to discover than to
overthrow.
Touwill observe sir, that do not enter
into any particular examination of the case
referred toby the gentleman from Penn
sylyania, Mr.. Smile, whether there was
controversy as to prerogative and pr!vi-
ledge between the court and the bar, in
which the pride of professional rank APP
Peared in opposition tojudicial authority.
" neither the Judge very properly refused
to yield to the counsel, or whether the court
committed an error in pronouncing the law
these are topics which / think it needless
to examine in considering the resolution
DOW On the table. For the resolution it.
self states nothing, and there's no case be-
fore us for examination.
On SO grave subject as the present,
when we are calledupon to aid in the ad-
ministration ofjustice, it was to be desired
that the advocates Of the resolution should
so far regard their own exhortatiens as to
refrain from attempting to enkindie the an
mostly of party. The gentleman from
Pennsylvania, Mr.. Smile, seems to have
thought himself at liberty to pursue differ
rent course. But considering the nature
of the question, on which our votes are to
be given, hope tos5e excused, if | deem
it not proper, in this debate to reply to HI
on the various topics of party discussion,
which he has chosen to mention. although
the task might be easy indeed to repel his
charges against the former administration
"A single observation however may be
proper, ON law to which he has alluded in
the language of ce.,sure. There was at
least one prominent feature which might |
recommend il to the friends of truth. Ii