Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-01-06

~ "A heen assumed aS tno 6i0ula - r -
'a1 = the latter period, the Senate would
,ns been as impotsnt OF jurisdiction upon
~ oefence Of Mr.. Blount, as Trey had sup
Ing "a themselves upon the allegation against
DIT Th 80. nar,s of the fifth and SIKH arti
-. ameodatory of the constitution. upon
..b;eh The report 10 the case Of Mr.. Mar
hall appears 10 rely for iskiag away the ja-
r;.d;c,ion of the Seoasr, your conml,See
.annose can only be understood IS refefr
~ ~ 70 PROSECUTORS at law, To suppose that
,bpy were Intended as restrictions upon
mowers expressly grained by The cous'lsuts.
an 10 The legislature OF either OF ITS braneE-
:. would in n,aoner annihaass the pewer
8 &c ;mpeschmsu,. as well as that of expul-
s;oo. II would lead to he absurd coneiu.
@sioo tia, the authority given for the pur.
BOSE Of removing inieatty from the seats
II nower. should be denied its exercise,
n.ec;ssly those cases which most loudly
u al, tor It's zoe sgies. Ii would present the
s;urular spectacle of a legislature essed
with powers of expellipg its members o
81 mpeaching re moving auddisqaaldyiog pob
||l;coScers,fo trivial ,ransgrsssionsbeneaih
4 she eoqoizance of the law,vet forb,ddeo 20
CERT them agsioss cspaak or infamous
&srimes.
81 Those two articles were IN substance
Sborro~ed from similar regulators con'ain,.
ed 10 thar Justly celebrated statute, which
for so many ages has been distinguished by
elhe oame of the great charter OF England !
Ne, 10 thar country were they are recognl'
ned as the most solid foundation OF ,hc IL.
Berries of the patton. they have never bsen
considered as interfering With The power
@bf spelling pember, exercised at all
lime. by the house of commons a pa.7er
- hitch shete however rests, only upon par.
ismentssy usage, and has never been be-.
ktoweG as ia ihe coosttutioo OF the u. S.
|hy sny &C, Ok supreme leSislssion. From
umbsr OF pfecedeu,s which have been con
5uied II ia found that the exercise Of this
u'hority there has always been discre;ion
ry, and It's process always far otherwise
kompendious. than in the prosecutions be.
ore the judicial cosrts, SO far indeed have
aey been from surposipg aeeonvic,ion Al
w necessary to precede avote Of expulsi.
20, that 10 one instance a resolution 10 de.
nsnd aprosecatlon appears Immediately
&fter the adoption of the resolution TO tx.
Pel. In numerous casesthe memher1 go
Ehissgo exSHsinayfou, adauces csfdcnce 10
&ls favor, snd has evidence produced a
kainst rim, with or without formal au.hrn.
&icatiop add the discretion Of the house
5 not even restricted by the cecessary
koucuHence >of mare than abare majority
ri the setes.
i The, proxision ia our cSnstitu,isn which
orbids the expulsion of a rhember, by an.
ordinary majority, ard requises for this
pct ofrigorous and painful dDsy, the accent
bf two thirds: your committee consider,
IS a. wise aud sufficient quad against the
Possibls abuse of this leg siasise diacrstiaa
10 times Of heat and sieleot party spirit,
he rights of ths minority might not always
Pc duty respected if a.bare majority could
xpsl their members, E6der 90 other COP.
2rol than that ofstheir owd discretion. The
Operation of th,s rule is of grea, efficacy
1Po'h over the proceedings of the whole BIO.
IL, aod over the conduct of every indivi,
pual menber. The times whec The most
lolent Struggles of conteodlng parties oc-
FUR, when the conflict of opposite passions
most psone TO excess, are precisely the
Zines when the numbers are most equally
divided. Wneo the majority amounts 10
81 wo thirds, the security 10 It's own strength
OF itself guard against extraordinary
Hgchsa OF power. Wben the minority
Fwlndles to the proportion of one third.
Is consciousness OF weakness dissuades
rom any attempts, TO eocsoach upon the
lights of the majority which nigh, provoke