Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-12
TUESD a \, yANUARr 1a, 1soa.

their wishes, in mockery of their fear
; SURROUNDED by the public indignation, BIT
inaccessible TO its bolt, pursue the ,purp'
ses OF treason in. the heart OF the nation;
councils Must the assembled rulers
, the land listen with calmness and indiffe
tence, session after session, TO the voice
notorious infamy, until the sluggard ste
of municipal justice can overtake his c
tnormities! Must they tamely see the live
and fortunes of millions, the safety OF pre-
sent and future ages, depending upon hi
I vote, recorded with theirs, merely be
cause the abused bepignity of general ma x
inns, may have RENTED to him the forfei
4 ture of his life
Such in very supposable cases would b.
lthe unavoidable consequences of a princi
Iple which should offer the crutches of iu
ldicial tribunals, as an apology for Grip
ipllng the Congressional power of expulsi
on. Far different IN the opinion Of your
lcommittee, is the spirit of our constitution
They believe that the very purpose for
which this power was given, was to pre-
serve the legislature from the FIRST APP.
proaches of Infection. That it was made
discretionary because il could not exist
under the procrast,nation of general rules
= That ITS process must be summary be-
cause 1t would be rendered nugasory by de-
Hay.
Pissing from the constitutional view of the
Subject, TO that which is afforded by the au-
thority OF precedent, your committee find
that since the establishment of our present
nat onRi legislature there has been but one
Example of expulsion from the Senate
In that case, the member implicated was
lcailed upon inthe first instance, to answer
4 ~ 10 he 3
the cofy of which only was produced, and
the writing of which was the cause of his
expulsion. He was afterwards requested
20 declare whether he was the author of
sne letter itself, and declining in both ca
ses TO answer, the fact of his having writ
tent wa' est blished by comparison of
his haad writing, and by the belief of per-
sons W 10 had seen him write, upon inspec-
ton of the letter.
IN allthese points the committee perceive
the admission Of species of evidence.
which IN courts of criminal Jurisdiction
would be exclu9ea--antl in the resolution
ioi expulsion the Senate declared the ,rer-
son 'nculpsted saa'yo high bHsdeoieQn.
ior, although no prcsensment or indict-
lment lad been found against him. and no
prosecution. at law was ever commenced
upon. the case.
Ehis event occurred in Julv I757. A.
ibont titteen months before that ti,,,e. nnon
an application from the legislature Of Ken
Itucky, requesting an investigation by m
Senate, OF a charge against one of the MEM
bers from that state, Of perjury, whichhad
lbeen made in certain ne wsoaper ,n,,hiica
itions. but for which no prosecutions had
been commenced, the Senate did adop, NV
a majerity Of IS votes to g, the rep9rt Of
Ia COMMITTEES. purporting that the Senate
mad no JurIsdlcffop 10 try tho charge, and
that the memorial ofthe Kentucky ieriS;a-
tnre should be- dismissed. There werein-
deed very sufficient reasons of d frrept
Kind assigned in the same report. for NOT
! pursuing the investigation in that particu-
lar case ANY fprther, and vour committee
believe, that in the reasoning OF that re-
pore, soric principles were assumed and
some lnterences drawn, which were alto
Sether unnecessary for the determination
| ~ that case, which were adopted without,
"a tuii consideration ofall their conseonen
ces, and the lnaccuracy of which was clear
iy proved by the departure from them i'm
i She Instance which was so soon afterwards
TO take place. lt WAS the first time that a
Equest'on OF expulsion had ever been as'-
[ th'eo IN Congress since the adoption of the
constitution And the subject being Thus
entirely new, was considered PERHAPS too
much With reference to the particular cir
4 cumstances of the moment, and not enough
upon the numerous contingencies To- which
the general question might apply. Won
!cnmmittce state this opinion with Some
4 confidence, because, of the sixteen Seno
tors VINO ~ Narch, 1876, voted Cor the re =
port, Diminishing tic memorial of the Ken.
tucky Legislature, eleven, on the snbse.
'lquent occasion. ~ July 1897, voted also fo,
mat report, which concluded with reSn.
luton tor the expulsion Of Mr.. plount The
lo'her I'VE were no longer present in the
Sehate-yet II the principles advanced in
. the hrst report, had been assumed as the
ISround OF proceeding at the latter period
the Senate would have been rs imu,teot
ct Jurisdiction upon the offence Of Mr..
bi.uni, as they had supposed tbemselve,
upon the allegation against MIR. Mar.
shall.
hose parts OF the fifth and sixth article,
7 amendatory To the constitution. upon which
the report iH tho case of Nr. Marshall an.
pears to rely for taking away the iur,sd.c.
ton OF the Senate, your committee uppos,
can only be understood as referring "a pro.
secutions at law. To SUPPOSE that Inc,
we're Intended rs restrictions upon po,ye r,
expressly granted by the CONSTITUTION Il
lthc legislature or either Of It's branches
: would IN - manner annIhilate the mower =,
impeachment, as well as that Of c<ptSsi.
ON. IT wGiiid lead to the absurd copciusior
InF Naraa