Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-22

consequences Of it's use, and vithou; cariis for {
them. For this tashness have atonel a. far
as was able I; and il has taught mea lesson
which fear have been established
under the operation ofsnniiar feelings.
But, sir, have general objection 10 prece-
denis III i;'gisiatioB.-uot 10 forms they arc
essential TO the dispatch Of business, am, 10
accuracy. But ( ITO @nject to auy tMo or tarec
cases iuicishins "a Iuie Tor decision. ForSShat |
purpose Is \ new congress asseiRbicd every !.
twO Years, If IL is tObe bound by tic deter,ni- /
nation Of its predecessors From the very |
nature oflcgisiaIisi, there eau lie no piece. (
deht. Lach Cnn-reSSiis Saprcnse, and each ,
law innsi ne passed upon its 0syii merits You |
nlay indeed refer 10 the proceedings 90 i fur |
nef Congress, as Expressing the opinions az |
gentlemen entitled to great weigh. bur spr,s-
lyXUi. are not bouud BY TEEN. Bcnue arises
tue diiference b"Iween the eject OF ptpcc
dents III cont OF justice and in - lPgisl fare
IN the tormer, some fixed rulc is necessary
that suiiors may know THEN rights IN tie lat
Ter. vixen Il Is not acquisition OF right eac,,
case furnishes its own Iulc.
IN the particular case of coutempts there is
the same objection 10 our being Bound by pre
cedenis and that is derived from, thu, ciic,,n
stance that, there having been no layy deiinins.
| the crime, and pIesci in,s its punishment
each case aust, III common charity, be suppo-t
| sed 10 have been determined upou itso,yn
| merits. Had there been a law, the crime
would have been known. and the precise tnrpi-
IL
/ cd by that standard 50 thar anreccdent ,pi,,ht
| then have been some evidence of the extern
| ami application OF the previous law Blu, as
thefe was no law, we are compelled TO infer
| that one was made TO reach the case. and made
OF course, only for that case. SO that i'm HE
language of Mr.. Jefferson, (.peaking of prece
| dents III cases Of conteinpts) the. Judgment
| on ANY particular case, is the law OF that case
only, and dies with IT, When a new, and even
d SinilaF case arises, the Judgment wbirl, is 10
| make, aud at the same time apply HE law. is
| open to question aud consideration, as are ali
new laws"
| Bat, il you adopt these precedsats. how FIR
| wliiSou so with them Is this house PREF pared
| 10 go the full length of the tether which has
been stretched by the English paraments p
| The cases which have occurred in thisconntrx
are coniessediy founded on them How mucb
| iailiier VIII yOn follow them through the scenes
| or violence and passion which produced Ihen,3
| Ne Gnshsti parliament has decided ,hat tie
! privilege oil d member arises by force Of Tho.
election, aud that lie possesses II even befnre n
return be naoc- Some of the members on This
| i.oor were elected nearly two wears SINCE.
nave we been all ihiS time clothed with the
iDdhtic OF privileges? 1t has been decided also
| by that pailianlcnt that ANY assault ispon she
| person, OF any attach upon The reputation a.
| member, although IN matter moi connected
WIN ms oihcIa dIties. Is "a breach Of privilege.
Is thS mousse prepared 10 puuiSi al ;lie asDsr-
| SlonS upon the private characters ~ its
members which have been made vithia tv.o
| years VIII yon send your serge cant at arms 10
| Il
| paper VINO may have tradnced any member o 4
| tiils honSe Should yOn exercise your mower
| 10 That extent, need not SIX how much lime
this house would have icit 10 discharge lis
| ordinary legislative duties. Won must either
take the whole of the power furnished by these
! precedents, or you must reject the whole for
| there is no dividing line between any one of
mem. Kermit me 10 pursue th.s doctrine siill
fui'her. III has been decided III England that
| anyinteTposition OF the king TO affect altv ,nea-
! sure before either house OF parliament was n
| bTeach OF privilege. Luckily for that parlia.
lheht' mere was preIcgatiNe that me, the
| PilsIieSe as the King could do no wrong, he
| could not be PUNISHED aad for that reason. I
| presume, among Others more important the
attempt 10 punish was not made. But, sir. tie
! deciS!on remains among the precious h,udla
! oil precedents, ready TO be produced VIXEN oc-
caSIon may require. Suppose, thou what
cannot with proprety be supposed, except for
the purpose OF Illustration, that The President
! shcula think proper To interpOse on a sri,iect
DeIore Congress and should tell us that il was
! not worth our pains TO lesislate upon any par
tlcNiar measure, because he had determined
| 10 pu' his veto on ii? should we venture TO
send our sergeant at arms for the President
| and bring him TO cur barr No man in his
senses could think oft. Where then will YOU
stopt III YOU once acknowledge the principle
| 'hat the common law established BY the pre-
cedeits OF the English parliament is oul iaIv
| where, at what pOint-wlI you arrest YOUR ca,
! reer IN tile course of privilege and preropa.
i've! If we borrow from England the doctrine
VI PiifleSe, Why may not any future exc
| cniiye loan tor short time that of preroga-
i've t-One step more-create star chamber
| judiciary To sanction and enforce vour claims
and we shall have reached the goal of our
! course. Tue whole doctriile is unconget,iaI
| with orr institutions il has 10 root here il
! cannot flourish even if it were watered by tte
tears of-any who may cast longing lingering
| look behind at the charms of aristocracy. and
tne comforts OF despotism.
In the proceedings against this man, we have
arrived at the brink of an abyss, where il much
DehoVes us to pause and reflect; a single step
| may cast us into il without our having sounded
| IT'S depth or measured its extent. Let us hest
tate before we spring into it and If we be de
termlned to plunge, let us at least explore The
| ground, ana know where we are to land
cannot apologize, disdain 10 make an
| apology for having brought this subject 10 The
consideration OF the house lis Infinite i'm
portdnce viii vindicate me. IT the house
should be determined TO proceed in tie exer
clse OF the power claimed in this instance.
shall al least have the consolation OF reilectinr-
that have discharged my duty in vrote,tiu9
against that power, a violation of tie charter
OF our liberties, and as jeopardizng, in an
imminent aegree, The personal liberty OF the
c'uzeh' To he continued.
4 ProAuce Sweep Stakes.