Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-17

| said, ii lie had no other reason 10 direct in
| his Impression of the unconstitutional pro
ceeding which the committee bad pursued
| would be sufficient to decide him in favor OF
the substitute. He knew il was IA fashionahe
doctrine in Virginia that The legislature were
omnipotent ; that they were invested With
pieusry powers bur tnis doctrine was ciiy
trae of rs, as contradis tin.n i>lied from the
powers of the general Recommendations
their powers were particularly specified, II had
been concluded that ours were uiiinited-bnt
though all legislative powers were vested in
us, does it therefore follow that all powers are
vested in us I'VE had other pow eTs specially
given TO us by particular provisions ia the cou.
situiioI Tor ihstadce, we have the autho-
rity TO appoint our executive and Judges. Bat
do we exercise this power in consequence OF
cur general legislative power, or the special
grants matte to US by the constitution Ger
tainly froh the last; because Is given tofidem
rerbtS.--Now as 10 The enquiries which We in-
stiiuie: tie legislature has no right to Institute
an enquiry. which does not eventuaie in some
legislative proceeding. Ii there be "A complaint
OF "a malvefsation OF office in Judge, this
house has right To set on foot AN enquiry on
which 10 ground AN Impeachment But is
there any analogy between thai aud the pre-
Scut case Are not the drectGt. nt u bauk The
mere Officers of private corporation having
no sort OF connection with MS, but where IL Is
specified b. their charter' We cannot ln,-
peach thcm--(et IL II said, that this enquiry
is necessary To guide MS in the choice of the
Drectors-but we have already transferred
Council, as our commissioners. Would IL not
be ALI irregular act for us TO iustrWct them i'll
the exercise OF this poweri IoI bad much
better resume II INTO your own l'a,i,iS. than by
instruct W the Executive, assume power ct
which they have not been di,ested.-Alr. Il.
said these were a few OF tue reasons, which lie
might la, assigned against the Gdop ton OF the
original resolution; butevcnitthattir first step had
been correct, he contended that the committee
had departed from that resolution that they
were only Instructed TO examine into the ms.
management OF the funds OF the Dauk bot
that they Had wandered INTO AN enquiry into
the private transactions OF men that the Di-
rectOrs might Lave had funds OF their own
and that even il these funds had been employ
ed III the Objectionable business OF uSury il
would not lax OH them the charge indicated by
the resolution. Mr.. n. coutendcd, that If they
had even no funds of their own, yet the mo.
meDt they obtained discounts from the bank
they became as much their own private funds,
las II they had been given 10 them by the bene-
violence OF Others, or acquired BY Their own M
dustry-and thar though they might employ
them III uSUry, Yet il did not come up 10 the
object embraced by the resolution; which
solely related 70 the acknowledgement OF the
funds OF the bank. There was another yiey OF
the matter-No act can lie done by d single O-
rector; IL requires tue consent of a majority Of
the board. How then is your resolution com
Piled with unless il is shown that the board Of
Directors themselves have cOnnived at these
usurious transactiOns.--Mr X. said, lie c.nse
next TO The most delicate pOiut in lie whole
question the privileges ct the house. He
doubted the right OF tics house TO exercise The
power called tor by the resolution of the zen
tleman from Henrico. Whence do we derive
Tins power. Gentlemen say from the COMMON
law ; but from the ordinance of the Conven-
tion, Which they refer 10, il viii be found 10
apply only TO our courts of Justice. civil or
criminal cases" are we sitting here as a court
of Justicer The legislature cannot then derive
any such powers from the common law, unless
1t be shown that we have such powers as APP
pertain TO a British Parlament-If violence
lie offered TO this house; it d stone be hurled
AZ the Speakers head, we have right to pun
ish, because il flows from the power existing
IN every public body; the risht of >eit-preser-
Walton. But so far only does IL extend. If
any attempt be made to dissolve legislature
by force, to resist lis ofcer in the execution
OF his duty, you may send the sergeant at
arms TO arrest the assailant but, it YOU extend
II beyond this point; If to impiison every man
whom IN the arbitrary exercise OF your pOwC.
yOu may think proper L. MODEST no man is
safe; man who walks across your lobby.
may be arrested by the warrant OF your Speak.
er. Such a doctrine does not sBit our meridi-
an Mr.. *. concluded with saving that cases
OF privilege ought TO he defined and provided
tor that there might be an obvious rule for
the guidance of the Legislature as well as of The
people.
MIR. MAGiLL reminded the House that This
was a question in which their own privileges
were cOncerned-and il became them there
| fore, to act with particular caution. The QueS-
| ton, in fact, was, could citizen be taken in.
| 10 custody who had violated no law ofthe land :
| 1t has been said, that this legislature, by the
| common law, possesses power TO punish con
tempts. He admitted that every count and
| Legislature possessed an Inherent power to
preserve itself; but, the question is is the pre-.
| sent necessary power, is it one of those
which are merely Incidental If a man were Ia
| go into court of justice, and disturb its pro.
| ceedings, certainly the court wOnid have the
| power to take him into custody. 1t man as
/ inf fad
| ceedipgs, so as to amount almost TO dissoln.
| ton of il, the intruder should be made TO feel
| Its power. But the present case occurred. as
| it were. out of doors, and not in the presence
! of the House. Mr.. NJ. met the question ON a.
| mother ground. He contended that MIR. Page
was justified by the law of the land. It was
| said, indeed, that in contempt OF the law of the
| land, he had refused to answer the ntsrrogato-
| rles OF the committee. But, what law had he
| violated! Read the charter Of the Bank Ii
| defines your power in relation to that institu-
| ton. You havP right to enquire into the state
| Gifts funds but not into the private conduct
OF the directors. Mr.. Page has also kept with
| III The paie of the common law. He was willing
/ to answer any question which related to the
| conduct OF the directors, as public men but
| you have no right 10 gointo the arcana ofmen's
| private transactoDs.-Mr. M. then proceeded
| to examiae the cases which had beeu cited te
| show that man may be forced 10 give testi-
| Inony. IL man is witness to the preparation
ola murder, you can force him 10 tell, because
| the selt-preservatIoD of sOcety requires it; but
no man can he compelled TO give evidence A.
! gainst himself. A gamester may be compelled
| TO give evidence against Que who PLAYS with
him; but this is under the statute law of this
| land, not under the common law. You may
compel man to become d defendant to suit
| in chaDcery, hut then you must TAX the disco
very as he gives it; you cannot call on him TO
give testimony to criminate himself.-Mr Ma
gill begged the house to TecOllect the great
question which was before them, and the great
principles by which they had uniformly acted ;
that when the members Of this legislature
should have gone to another world to give an