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

Turkish divan have il. Our constitution guards
the right OF the citizen-it requires that he
should be confronted with his accusers, tried
by his peers, sc. Do you tell me that the
power now claimed is 10 be found in some mus
| ~ records of British parliament You may
ind there precedents Of arbitrary imprison-
mebtS but even in that country, every friend
of liberty has considered them as usurpations,
| committed under the arbitrary reigns of their
arbitrary monarchs. But he may be told this
| power is Inherent in the legislature. lie knew
| OF 20 inherent power-where do you hud IL q
! Yet il is said, the courts exercise the power OF
| lmprisoning tor contempt but Is II not JUST as
material to the executive to support their
| rights; yet would the governor and council
| dare to send any man to Jail for an imaginary
attack upon themi We are referred, however,
| TO precedents in congress, of arbitrary impris-
oninent-but when were those precedents sets
during the arbitrary times ofJohn Adams tile
| days of the alien and sedition laws and you
now find the best friends Of liberty attempting
to arrest these dangerous usnrpations. You
can protect your privileges, by defining them
by law. In England, indeed, it is held TO be
below the dignity of parliament TO say, what
their priviiegesare, and never 10 say what their
power is, until the casn occurs. Suppose one
OF our members were Ia come into Tins house,
and complain of AN attack made upon his per-
sou--would you decide upon the liberty OF d
citizen by accamaton as IL you were filling
blank in billi-wouid you put it to the vote.
All those who are for sending the assailant TO
the penitentiary, say aye; alithose of contrary
opinion, say no Mr.. X. said, he was not versed
in parliamentary lore but il was his opinion, if
they adopted the proposition, they would blot
their journal with aresolution, more obnoxious
than amy which had been entered there since
our sepas alton from Great Britain.
MIR. CHAMBERLAYNE said he had been too
long convcrsant with the ways of the world 10
be deferred by any epithets frsm doing his
duty. Tie term iaquisition had been used by
the gentleman last up The Speaker observed
he did not consider there was any personal al
lusion Intended MIR. G.. said he knew that
| lie knew the gentleman from Richmond too
we'll TO suppose he meant any thing personal
to himself. He knew that gentenIans strength
OF midland this is not the first time (said he;
unfortunately for him Or tor myself, that we
have differed in opiuiOn but proud 10
| say, il has never grown into personal differ
ence.-The question before the house was
| have the joint committee done their duty, OF
| have they transgressed their powers' He
| would meet the question fairly-he was aware
| of the host of talents arrayed against him
| but lie remembered the maxim of great man,
| that error OF opinion was impotent when truth
| was flee to combat il. Ifhe failed in The pre-
| sent instance, II was not that the cause
| bad but that the advocate weak. We are
asked, whence we derive the power which we
| are about TO exercise? Is il from the muSty
| records of Parliament? Ii is from that com.
| mon law, from which we draw so many of our
| insttutions-that common law, which the or
| dinance OF our convention declai les to be in
| force, down TO the reign of James. Where do
our courts derive their power to punish con-
tempts! But from this very common law
| And where do We derive our power to do it?
| from % e laws of parliament. The gentleman
calls them musty records-butI call them, sir
| sound and wholesome laws, and particularly
| SO on the present occasion. Whence do our
| courts derive their authority, but from this
| common law !-Suppese man were TO come
into this hall and hurl an apple, sir, at your
| head? Could YOU not punish him2 Can \ou
| not punish cOntenpts within the view of the
! house, which involve an Interruption of their
proceedings! If You cannot do this what
would be our situation ?-Mr. G. contended
that this power necessary in other cases
for instance Has not this house a right to
| raise COMMITTEES because in your aggregate
character, you cannot make every enquiry
| which IS necessary TO carry on the public busi-
| ness. Hence then separate bodies are carved
ont, called committees armed with the powers
OF the house 10 carry on an investigation. Mr.
c. said he would put this plain question 10 the
gentleman from Richmond. Some years since
a committee was raised to enquire into the
conduct of the superintendent OF the armory-
they were vested with powers to send for per
sons and papers-Suppose on that occasion
any witness had refused to answer aquestion
| put TO him, would this house have suffered him
| 10 say he would not answer? If YOU were to
| put the committee of finance upon the duty of
finding out new subjects of revenue-say tax
| upon the branch bank of the u. ). The com
mlttee wish TO ascertain the amount offs stock
and its prOnts-they send for the cashier of
that bank with the view of obtaining inforna-
ten Would you suffer him 10 be silent! They
WISH 10 large mdnuIdctOrleS-tO raSe an al
Udt0rem tax upon its producB-tlie clerk at
tached to them refuses to anSwer-W ould YOU
permit this contempt? And what is broker
but AN agent for transacting other mems bust
nesss 1t he refuses to give you information,
how will you exert your power but by mpris-
onlng him! If you do suffer this witness to
battle your enquiries, how can you expect TO
carry on any investigation hereafter 1.-The
witness says, he cannot answer-because YOU
interrogate him about his own business. Mr.
&. contended that this an Illegal conf
dence, reposed in the broker-Ifa murderer
were to bind witness to secrecy would a
court OF Justice excuse him from giving testi-
mOny! In the present case, the question put
TO the broker was, Has or b violated the
usury laws? Mr.. c. went into a series ofstate-
ments TO prove that the only means of ascer-
tanning this fact, was to enquire of the witness
not what was done at the board of the bank
| but what were the private transactions of the
directors MIR. Page says, perhaps, ifI be.
tray their secrets, shall never again be trusted
in my prOtessiou--he will no more be the
secret depositor, of other mems transactions
anu would this house yelo up their power
from any scrupulous respect for such reser-
vation: Mr.. G. stated several cases where
| tile official conduct OF a director might assist
him III carrying on his private usnTious inteB
tons; and stated that it was TO ascertain the
truth of reports, similar to these cases, thai
thlS enquiry was originally asked and mstitu
ted.-Mr. Page himself had volunteered hi.
testimony i'll favor of one indiyidual-hc haC
made voluntary affidavit acqnitting him 1.-THE
president of the Farmers Bank of all sucf
transactions. Mr.. &. said this affidavit wa
not necessary to acquita man whose honorabl,
course spoke so strongly in his favor; who ha,
called upon the committee to investigate no
only his conduct during the last year, hut hi
whole life. He needed no affidavit-he llaG
passed the fiery ordeal, and not hair OH
had been singed. But when MIR. Page is in
terfogated about the conduct of others, hi
lips are sealed. Is Mr.. Page then. like tb,
Sybil of old, who did not utter prophecy bn
when bribed TO do so Sir, (said Mr.. ca