The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-09-16

na:e's pHwer to pursue such AZ enquiry as this, |
IL Is 10 make the power expressly delegated M
ssato;y SO q least Il wontd &c IN tile gre;,, !
uumher OF c:lSes and in the present instance II |
would require us 10 go through this whole invcs-
Ugation again. We, must consider every ti,ing
hitherto done absolute nudity, and send FOE
perhaps AN hundred witnesses from New. Orle- |
ans 10 Newtown, in Connecticut, to assemble
here at some day OF the next session, 1--WE shall
certainly not have time for it during the presently
to testify TO the conduct of Mr.. Smith. and to
the characters of the witnesses for and against
him. This objection therefore if valid, would
in its operation be unttiendly to Mr. Smith,
as the last. AS that would send him to Il court
Jf law for the trial of tile, extinct before it
oond be coaiirIucd, this would postpone the
question upon tie right to his seat, until the seat
itself will be vacated by the lapse of time.
1t is presume from this necessity of the case
that i'll the British House of Commons, proce-
dings ct this nature are always in great dcgroe
summary, and that the evi,l nee upon which
they proceed is subject 10 none OF the RESTRICT
ons to which they so rigidly adhere in their
courts of law As our power of expulsion is
granted in the constitution, and 1t no
doubt originally derived from the English Parli.
amentary usage, | thought 1t my dut, to consult
with rs much care and attention as limited
time would allow, the Journals and debates OF
the House OF Commons liz England, TO ascertain
what their practice had been in these cases.
Nor could hear without astonishment, the as
sertion so confidently made by one OF the gentle
men Of counsel Tor Mr. Smith MIR. Kcy) that
no instance of this summary proceeding could
be found in the British Parliament, unless ii
were in the time of Cromwell. Where thegenr
ueman obtained his information, it is not my bu-
siness to enquire but can say tina, ia gzy.exa-
inI!lationot the Journals, L have been unable to
rIId single instance III which any other thana
s"I.,""try I't"e.ss I;::=::l -. :" ,vhieh fla"
Judicial rules Tor authenticatipg evidence are
mn al
upon assertion, shah now read you, SIR two Ca
ses which occurred not in The time Of Crom-
well, but in chat of Queen Anne
The first is that OF Thomas Ridge, which in
the parliamentary debate is related thus vol.
IA, p. III. I" On the Sd (of january Mr. H;ir-
ley chancellor of the eNchequer, acquainted the
Commons, thaton examinations rel Jingle The
navy, taken before the lords commissioners 9f
the treasury, some considerable abuse lad beer
discovered III the vctuainG' aRd that 4 member
OF that House WIS named thegein. upon which
the Commons resolved 10 present au address 20
the Queen, TO have those examinations Lid be-
torc hem which bciag done accordingly, and
the same referred to Il committee MIR Ridge,
The mem1cr named therein, desired that he
migh; attend that committee to make his limo
cency appear.
He attended the committee the report a
gainst him, and afterwards the 18Th, =. The
Coramons took into consideration the report from
~'''NNN'-
buses OF the Yictu;.ilng and the said report be-
ing read, it was unanimously resolved, tina, it
appears to this !IpG-e that in the Tnanagemeal OF
heI rnaiesty's brew-house, well as III ti.e con-
tracts Tor fuIRiSainG the navy with teer, there
have been many notorious iinbezzlcmeuts and
scandaious abuses to the deii .uding the pubic
OF great sums Of moEey 10 thc INJURY aiia dlscau
rageneiit OF the seanen: and ordered tila the
commissioners OF rlctuailing have copy OF the
said report.
:. After this Mr.. Ridge was heard in his place
to the matter of the report reistagto .im, ;...,.
beng Withl.ra WI II WAS resolved,
=" l. That itapeears TO this house that Thomas
Ridge, esq. il member III this House IS gtf;
OF great f3uds and abuses, by .i;,l in;;
cd {" furnish 5,5IS ions Of beer ug0n !ls av.n
account, and 2704 OF beer in paitl"Ish.o,H.Li
MIR Dixon, and having receive. r..is Tor ti,e
whole, although he delivered Lu, Is .uns al
the hIst and 1863 upon lhe iatt-. to.tjs1l
.. 2. That Thomas Ridge, csq. ., fo.. The
SAID frauds and abuses, expelled tiia ,. ic>a.
:" 3. Th1t an humble aGdre De presented to
her majesty, Chat she WIZ be pleased O si.e IL
rechon to her Attorney general 20 prosecute ,!.,.
sad hir. Ridge, !or the sad frauds ;,nd @buscs'
p ib1.
Shall we now be told, Mr. President. that
the practice OF tie EnglIs" House of Commons.
on eases Of expulsion, sI54cr summary; ibst
they iirst send the meniher 10 a court OF law inr
his trial; THAI t.ioy receive aaiust HIN none hut
lNtC4Ei ~ ''4~bCS -tC.c IS a case, an times
of 'io nee 'ad itctiou not loYrol:t,c motives
or 10 remove anie and obnvxious member. mi
for t.ere fraud and cnlbazLement the muilbc,.
is merely named 80 certain written cxagnri .tic,1,
Oh th.t evidence, after reference to con.ni;aic,.
ana chem report he IS expelled, and imin.,Ii.
ateiy alters "a address to the queen is voted ~
direct prosecution against bim ihe same acts
The next case is THAI Of hIr. Wspolc He
was implicated in = report FROM te commission
ers 81 pubhc accompls he was heard before
them, and there had w;tuess sworn to an ain
dayitia bis favor. On their report, they present
ed to the housc the depositlons of this witness
which were received aud read. Another viii
ness was called in and examined, apparently not
on oath, before the house itself. Mir Wairolc
was heard in his place and Withdrew after
which the house came to the following rcsoiuti.
ons ),
&C That Robert Walpole, esq Ga member of
this house, in receiving the sum Of so n1liaeas.
and in taking note Tor 5O0l. more, on account
of two contracts, for forage Of her maiesiv's
troops quaftered in North Britain, made By INN
when secretary at war, pursuant to q power
granted TO l5m by the late Lord Treasurer, is
guilty Ola high breach Of trust ard notoyious not
convicted, but notoTious c0ri5ution"
2. That the said robert yValpole esq. be for
the said offence committed prisoner to the Tow
81 9! !.2Eo, during, sl,s rleas..re ofti;s IIcsc
and that Mr. Speaker 10 issue his warrant ac
cordingly
Then motion bcrg made and the question