Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-09-23

ALI voluntary. The member whose conduct IS
Implicated, has great advantage for defence
which he would not possess on trial in a cour;
lotlaw. Heis defended by the able counsel adj.
mitted at your bar when there is no legal coun.
sci against hum. He has the opportunity to
collect with all the industry and activitvinspir-
ed by ms interest, every particle of evidence
that can be brought in his favor, while that
which appears against him. must come without
search must present itselfuninvited No mem
Der ofthis body can be charged with tie duty,
and surely none would spontaneously undertake
the task of summoning. witnesses to attend here
IN person from the two extremities of the uni
! ON nor, were they summoned, is it at-ali clear
! that they would be compellable to attend To
call exclusively for the evidence of witnesses
~ person, IS therefore to strike at the root of
ne >enate's power to pursue such an enquiry
| as TINS IL IS to make the power expressly de-
| iegated nugatory. So ut least it would be in
The great number of cases and in the present
! instance It would require us to go through this
! Nvhole investigation again. We must consider
"very thing hitherto done as an absolute multi
| ~, and send for perhaps an hundred witnesses
| rom New Orleans to Newtown, in Connect
Eat, to assemble here at some day of the next
,ession, 1--WE shall certainly not have time for ii
turing the presently TO testify 70 the conduct Of
hr Smith, and to the characters ofthe witness
SIS for ami against him. This objection there
! tore II valid would in its operation be as UNI
friendly tn Mr.. Smith, as the last. As that
/ would send him to a court of law for the trial
OF title, extinct before it could be confirmed
so this would postpone the question upon the
fright of his seat, until the seat itself will be
vacated by the lapse of time
4 liz rs presume from this recessityof the case
hat IN he British House of Commons, procee
Hi"gs OF tins nature are ALWAYS In a great de
cree summary, and that the evidence upon
which they proceed is subject 20 none Of the
re ipIctIons TO which they rigidlv adhere in
their courts OF law. AS our ower ofexpulsi
ON is granted in the constitution ard as It was
no doubt originally derived from the English
Parliamentary usage, thought it my duty TO
consult with as much care and attention as a
limited time would allow, the ouru lis and de-
bates ofthe House of Commons IN England to
ascertain what the y practice had been ~ these
cases. Nor could hear without astonis ,ment
the assertions so confidently made bv one. oftha
gentlemen of counsel for Mr. Smith (Mr XVI
that NJ instance Of this summary pro eed,ng
could be found in the British Parliament, ui-
less 1T were in the time Of Cromwell. Where
| the gentleman obtained his information, i IS
not my business 70 enquiries but can say that
my exsmin ton of the Journals, have been
unable to fad single instance in which any o.
] Aher than a summary process is pursued or in
! which -hejuiicial rules for authenticating e%i-
cience are required That this however may
10 longer rest upon assertion, shalt now read
| you, sir, two cases which occurred not in the
/ time OF Cromwell, but IN that Of Queen Ann.
| The first is that of Thomas RIDGE, which in
1.-THE parliamentary debate is related THIS vol
! IL, p. lI7. ''On the 81 (of january Mr.. Har
ley chancellor of the exchequer, acquainted the
! Commons, "tllat on examinations relating to
the navy, taken before The lords commits soners
OF the treasury, some considerable abuse had
been discovered in the victualling and that a
member of that House was named therein up
on which the Commons resolved to present an
address to the Queen, to have those examina-
tons laid before them which being done ac-
lcordingly, and the same referred to a commit
tee. Mr.. Ridge, the member named therein,
desired that he might attend that rommittee to
make his inuocency appear.
! He attended tie committee they report a.
} gainst him, and afterwards on the 18th, "The
| Commons took into consideration the report
from the committee appontG to enquire into
the abuses of the victualling and the said re-
J port being read, it was unanimously resolved
thatit appears to this house that in the manage
ment of her majesty's brew-house, as well as
i'm the contracts for furnishing the navy with
beer, there have been many notorious embez-
Elements and scandslous abuses to the defrau-
ding the public Of great sums of money to the
injury and discouragement the seameH: and
ordered that the commissioners of victualline
have copy of the said report.
"Atter this Mr.. Ridge was heard in his place
10 the matter of the report relating to him, and
lbeing Withdrawn it was resolved,
:" l. That 1t appears to this house that Tho
mas Ridge, esq. member of this House, is
guilty of great frauds and abuses, by having
contracted to furnish 5,5l3 tDns Of beer upon
his own account, and 2704 of beer In partner
ship with Mr. Dixon, and having received bills
for the whole, although h. delivered bur 2,2l3
tons VI the first and ,269 upon the latter con-
tract
"2. That Thomas Ridge, esq. be, for the
said frauds and abuses, expelled this House.
"5. That AN humble address b. presented
to her majesty, tina, she will be pleased to give
ldirecuon to her Encouragement to prosecute
the said Mr.. Ridge, for tue SAID frauds and a.
buses."-b. 181.
Shall we now be told, Mr.. President, that
the practice Of the English House of Commons
on cases of expulsion, is never summary that
they first send the member to a court of law
for his trial that they receive against him none
but judicial evidence Here is a case, not in
times of violence and faction not for political
motives, or 20 remove an able and obnoxious
member, but for mere fraud < cube zzlemcnt;
the member is merely named in certain written
examinations on that evidence, after reference
TO committee, and their report. ne is exyell
ed, and Immediately after, an address to the
Queen is voted, To direct prosecution a x inst
nam fjr the same acts.
| The next case IS that Of Mr. WatDoIe H