Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-22
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DEBiTE on COL. ANDERSON,S CaSE

iCONTiNUED.I
FRIDAy, Jan. 9.-Previous TO the hour as
signed Tor the appearance of John Anderson
at the bar oithe House--
Mr. Spencer, of New York, offered for cousi-
deiat'on the following Preamble and Resoluti-
onS:
q" The House of Representative. entertain
iHs great doab,s of its possessing the com.
petcnt power 20 punish John Anderson for his
contempt of the House, and his outrage upon
oiie OF us members.
teSoirei, That aifurtler proceeding in this
lt"nse asainS; the said joan Anderson, do
cease, and that lie I've disc charged from the cns-
totil or The Sergeant; az Arms.
fteStred, That The ATTORNEY General of the
United States be directed to institute such
EfGSeeolnSs against the said John Anderson
io' MS SAID oi!ehce as my I've agreeable 10 The
Jaws OF tie United States aud OF the district OF
Columbia
heSoEced, That the committee of the Jndici-
sry De instructed 70 enquire into the expedi-
eacy ut providing by law fer the punishment
or any contempt Of the Senate or House of Re
PleSen'auveS OF tho United States, aud of any
Lrs.ch or HE prl alleges of either party
mr. srsNcsn- Of New York, obSer,ed, that
~ SUBMITTING the resolutions Which had been
iead ms Object WAS 10 procure q decision of
me House on The abstract question of its right
70 proceed nithe case of Col Anderson. He
had onered them III this stage Of the proceed
inIS, because no opportunity had vet been ri.
ven 10 take The sense of the house, aud with a
view alse OF preventing the Influence of those
Ieeitnss, which lie dement's of the case might
excite, IN producing a decision that calm n
deliberate reasoninight not sanction II was
more consistent also, with the dignity of tie
Reuse, that we should retrace its proceedings,
u they were wrong, from our own impulse, Ta-
ther tl2n ne compelled to do so on the mott
oil OF the accused or his counsel
MI. S.une fuiyccasly condemned the conduc [
OF the accused: and his Indignation at the e.
nornliiy OF the offence had, he confessed, CARR
ed him toOtdr in eudeavouring TO punish II
Il ne Only apnloUy hay m oAo &
rs 10 he found III that Univ ersai burst Of feel
log which spread through the house OH the
disclosure OF The base transaction. But time
Tor rejection hassacceedcd 10 the impetuosty
OF feeling, aud being perfectly convinced that
we were wrong, take the first opportunity TO
dcknow!edge my error, and 10 expiate Il BY
submitting the resolutions on your table.
IN deciding this question, we act as Judges,
ahd we inist demand the very letter of the law
TO authorize eur decision. With the propriety.
or exPediency,or necessity fhavins some law
on the subject, We, as judges, have nothing TO
no. " act not as legislators, but in judici
al capacity, III a case between his and the accu-
sed; and we are strictly bound by the law of
the lana as any court OF Justice can be- Let ms
tae'i search tor that law. If il is to be found
at all, II IS either i'll the constitution, in the
lawson ihe united States, or in the law of Par.
mont. i he friends of the procedure have
been In vain called upon to point out the ex-
press power given by the constitution. SO far
from doing 30, they have not, as vet, answered
tHe ioDletuuhs Nhich lne constitution itself in
terpoSeS. Inc 1th article of the amendment Dro.
vices, . that no warrant shall issue but upon
probable cause, supported by oath or dtfniafi-
on, and that IL shall describe The persons to
pc selzed. In tie present case, warrant has
been issued, directing person to be seized
without being supported BY oath or animation
Dtd we nave been told, that the clause is ONLY
intended to regulate courts of Justice There
IS no such limitation i'm e amendment bnt
admit 1t, and what is gained The issuiag of
nT0CcSC ~ N art. 10 =. :.
sell Judicial act; all our proceedings in the
case are founded upon the idea of our being
Coiirl Ter t1is purpose. BY the 5tll amend-
Ueut, u is provided that no uerSon shall he
bSlu 10 answer Tor an infamous crime unIess
on inci ctment OF grand jury, EXCEPT in eases
arising IN Inc land or naval forces or in the
militia whenln service. If any donbt shouId
exist a. 20 the universally of the prohibition.
the excepted cases which il mentions shsws
'oeciuSiyeiy thai It was intended to apply 10
al Others. Here there IS no presentment and
30 CHE will contend that il is one of the exeept
ga cases 4 ne same amendment provides, that
No person siiali be compelled to be a witness a.
gdlnst himself IN criminal case. We are a.
oont to PROFOUND heterogeneous to this man
IRHe refuse 10 answer them, what are Won next
20 % VIII yos treat the refusal as another
eontesnpt, and punish him for IT And thus
compel Am 20 bear witness against himself
Or sgill 30 u pc visit in making a vain effort az
power when yo,r know you must retire dis
committed ana dis sracedS Tire sixth amend.
yaeDt provides Tor Tho trial by jury. In no sense
OF the word can his be deemed Jury we are
act returned by an exec tive officer we pos
sess not the qnalihS cations Of jurors, and the
fiElfof challenge Of course tfonidnot be allow
From Chs examination II, it results, that 1t we
proceed against this lnanfor G 'iine, as some
nave esnteBded, our nea snres are Nn0iy IN
illegal, AID void. ~ we pro.
csed against hisn Is all, il must be for c0n-
reu, 81 amounting 10 breach of the pr NIcges
OF the house. This most dillgeiIt research mas
not enabled me 20 discover either the word or
iu either the constitution 81 laws OF the United
States, and venture to affirm thatneIthcr OF
them - 10 be found there.
Bntitissaid that the HOuse, from necessity,
must have the power Of publishing cOnteupts,
aud that without IL we sh0uld be unable to le-
l,islnfe. deny, az broadly and as generally as
.sz,.n-..,s. oaAe,..Is made, the existence of any
is sufficient for your pur.
A.Datural right which C.
- bis self defence, of
~ i: ~ S II - enter.
~ Il q g f l. ii ~ 20.