Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-05

~" WIN !,u 'u'hh AGAIN, john, 10 strike mortal
BE sure 1t do' rebound on YOU John Anderson. nv Joe
THE GABiRl UNZIE.
---------------sssssss 4 4 !, Co..
TE On COL. dNDERSON'S CASE
=, looNTsNUED.
~ MIR. MERCER rose immediately after Mr.
Fucker, and addressed the house IN substance
as follows:
down felt il necessary To terminate his arm.
mcnt abruptly, rather than consume the time
OF the house, much more does il become me-
ar, at tins late hour OF the day, to apologize
Tor detalning you one moment longer
Nor should | offer any observations on the
suplect OF the present debate, if l we're not
inclined to sustain the authority of the house
upon grounds somewhat different from those
which have been already occupied by the gen.
tiemen who have preceded me-
Inc resolutions on yCur table, Mr. Speaker
involve the decision OF three distinct proposi.
lions. Has this house the power to punish
contempt Is the act charged upon the pri-
soner contempt! Have the proceedings of
the house been such as 10 warrant his farther
prosecution
Does this house derive from the constitution
Tue power OF Furnishing contempt My ho-
nOrable colleague, who Just preceded me- in
spit,t OF accommodation, have no doubt has
proposed 10 introduce bill TO punish by law
az atte;npt to bTibe a member OF congress- Ii
.Ie FeStt 81 Furnishing such an act is cOmpre-
heitueu among the privileges OF this house tie
wisdom Of any such Jaw may well be cues ion-
ed. Were the contemplated law restricted 10
descriptio OF that particular species of
contempt To which our consideration is now
turned, II would not lead to the inference that
th!S house recognized no other And if TO
oO'late tins difficulty, complete enumeration
were attempted Of every possible insult to the
privileges, rights, and dignity of this house,
the proposed law would be swelled 10 the size
ot the largest volume Oh your table. Ii may
also he doubted whether rights which this
n"use does notdsFive from The constitution eau
DC created or protected by an act OF Ordinary
legislation. Those gentlemen who are d, sirous
Tor law to define the privileges of this house
and 10 provide tor Furnishing the contempt of
them, admit their existence, as well as the
power OF tins house 10 punish their violation
by the mode of reasoning which lheV INC
adopted
B.fure enquire into the origin OF this pow
ef, allow me 10 disavOw every feeiin.. which
could initiate against the most deliberate and
impartial exercise OF my Judgment. | cannot
pHt Geri0ie the unhappy situation Of the pri.
soner, whose head is bicached by the SHOWS OF
many winters, aud whe. If reall, guilty OF the
airociouS act imputed TO him. is an object o
SIN greater commiSeration, as his turpitude is
without the cSteuuation of vOulh or ineTner;
eHce.
Sir, said Mr. NJ. never behe!d a criminal
arraisued at tue bar of justice without this
feeling, nor have found il difficult to OBEY
tie legal injunction TO believe the Innocence
OF the accused. until he has been heard in his
delencc aud Jndicially convicted. The maxim
81 Christian Charity Is cOmpreheuded in that
admirable system OF practical wisdom, which
has been repeatedly referred TO in this discus.
SION; sA stem mdtured by the experience of
ages, adopted by the universal assent of the
people of the United States, and denominated
the common law.
1t IS TO this system that resort for the an.
th0rIiy Of this house to punish Il couiemut In
deiine the act 10 be punished to determine
the mode Of proceeding against the accused
au", II guilty, 10 ascertain the quality, and
meas'ii die extent of his punishment
Aud 10 so, not because tile common law
co!tcts these powers OF th, house but because
* defines tliat written constitution from whicl,
we derive them.
S.r, there is not an entire article, not a
solitary section, scarcely line of thai instru
mcnt, which can he correctly understood or
practically enforced, without a recurrence 10
this law.
Il you desire TO know the import Of am Eng.
llsh word, you turn TO the photographer Of
England for a phrase of statutory law Won
consult the statute which contains it, and the
pTecedentS by which il has been eNpounded
She terms of the common law must be- also
defined by recurrence TO the law itself
oOmpTised in the treatises, and illustrated nv
the history OF the nation from whom we deriy-
ed it,
The constitution not only uses the terms and
phrases OF this law, but expressly recognizes
It's existence. The seventh article Of the
amendments provides, Niat " i'm suits at com
mon law, when the value of the CONTROVERSY
shall exceed twenty dollars, the right of trial
BY jury shall he preserved aud no fart tried
by jury shalt be otherwise re-examined i'm
any court Of tie United States than according
10 the ruies NJ The common Ltc . Of that law
which geHtleineh have asserted to have no
existence under this government, aud a.
galnst which the honorable member from New
York would inspire vs. with apprehension aud
ALARM.
That honorable member in hiS late impres.
sive address, admitted that the two houses OF
the British parliament possess the power IT
Furnishing contempts that the lex parliament
TARA, or usases ut parliament, is part OF the
common law, although he denies similar an.
thOrity to tie house Of representatives aud
senate, the two branches Of the congress of the
United States.
Universal consent has applied the maxims Of
this Laws to the protection Of all our state and
federal courts, and why should 10 be denied to
,this house What are we, said Mr. NJ. and how
acting at ibis moment asa court, Of which
you, Sir are tie presiding aud we the assuci
ate Judges. The original Of the British paflia-
ment, ile ancient WitteuagcmOtte, was a
court, and one Of is branches is the highest
Judicial tribunal IN England Both houses of
congress have powers strictly judicial ~ then
nature and application. A. a federal or stat,
court. consisting "a cfurtn tuHvr a. f,s...t.. A