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

Hall; then the object OF Ike supposed enumeta-
item totally fails, aud. with 1t, this pretended
limitation 10 the authority Oi the House, 10 pu-
n,sh contempts wherever they may be com
mit,ed.
Will not unnecessarily consume The time oi
the House, IN endeaNCring to prove, thai an at
tempt 10 corrupt one of its members, while en-
edsed ln the discharge OF his duties, II "A con-
tempt of its authority aud dignity. The no.
nUrablc member FROM Georgia, in ALI early
stage of this debate, aud the gentlemen who
have since followed linn, have compile ieiN oc-
copied this ground nor has IL been contend
ed by ANY OF our opponents, that such would
not be Il contempt OF the House OF Commons
| hasten, therefore, To enquire, whether this
House has proceeded legally III the arrest vi
the prisoner.
Tie honorable member from New Hamp
shire, viii, on examination, perceive, that the
warrant toi the arrest, Is not as he coutended,
general warrant. 1t describes the prisoner
BY name.
force, that IL is unsustaiBed by any oath. or at
hrmat,on, aud therefore, i'll violation of the ith
article Oi the amendments 10 the constitution
wh'ch provides tiiat no warrant shall issue but
upon probable cause supported 10y such evil
dence. The constitution certainly supposes
the Judge Who issues the warrant, not to be
himself, personally cOgnizant OF the fact, ON
winch II is grounded. lie may issue warrant
on " probable cause supported By OATH" It's
certain, conviction OF the truth of The fact
must supersede the necessity OF any oath to
say nothing OF the absuIdlty, TO which such a
doctrine might lead. \ judse is assaulted and
beat us ne enters The court, III which lie is a.
bout TO sit alone. viii il be commended that
he Shallfrst make oath OF the fact, and then is
sue his warrant for the apprehension of the Of
render: In this case the witness is a men Der
oil NE honse by whom the warrant is issued
Judge, III whose presence the aliedn ed fact
occurred. hG warrant itselfls issued ON the
signature OF The Speaker, but by the order of
the house, whose act 1T is, and therefore the
act also OF the member OH whose information
they arrant was issued.
beiore close my remarks, [ cannot forhpar
notlclDg an observation or the honorable mo-
yer OF tue resolutions on Nonr table uuon the
precedenis which have been so aptly and fore
IDLY adduced, TO sustain the authority of the
honse ts punish tile particular contempt
which has given rise 10 this debate
1t has been contended, sir, that precedents
are dangerous TO liberty; that they favor the
inroadS ofpower upon the rights of the PEG
pie.
Such, must confess, sir, is not my doctrine
1t has been correctly said, By profound indne
and AN able civilian, that the multipIicItv of
laws constitutes the security of the citizen So
sir, does the multitude of precedents which.
sanctioned ny usage, operate with the force
flaw.
Piecedents established in good times. stay.
IN disastrous days, the rage of faction, aud tile
mana oil tyranny-A Pharos erected on the
margin of d stormy sea, by the light of which
the mariner may anchor or steer his bark in
safety.
The case of Randall, in 1876, to which The
honorable member from Georgia, called the
attention of the House, forcibly, as he had us.
ed H., was entitled 10 yet higher respect, from
IA consideration which had not occurred to
him. The honorable member states. that il
had arisen, before the formation of parties in
our public councils. He has certainly mis,a.
ken the history of the day. | was then but .
boy, aud am perhaps older than the honorable
member. L may be allowed to remind him of
facts winch had an important bearing in sup
pct OF this precedent. Does the honora he
member recollect nothing of the controyeTsv
OF the assumpsit of the state debts the frst
bank OF the United States, the ratification of
the Brush treaty, nothing OF the attempt 10
Impeach Alexander Hamilton; NOTHING of
those angry passions which in those ;faVs
shook the administration of Washington to
It's foundation Mr.. Forsyth explained. He
referred, he said, 10 the division of the parties
by their present names
Mr.. Mercer proceeded member whispers
to me, that they were called federalists and
anti tederalists. This denomination. sir. was
applied at an earlier date than that of which
now speak. The title of delaocTutS succeeded
TO that OF anti-federast, and republican to
TINS again. Yes, said Mr.. Mercer, the federal.
lists allowed themselves to be eutwitted in
yielding the popular title to their opponents
prominent cause, | have no doubt, oftheir
ultimate discontinue.
have not called the attention of the House
TO this topic IN order TO revive unpleasant re-
collections, bat for more legitimate and use
iui phrpOse. Even IN the times OF party dis
senIion, and political auimositv. rs members
voted in support of that authority of this
house, which is now questioned, and " ONLY
against 1t, while the majority were equally d.
Vded between the two rival parties
precedent, entitled 10 higher confidence,
could not be adduced. 1t precedent, too
directly IN point; establishing not only the
general authority of The house, to punish CON |
tempts, but contempt OF the same species
with that which has OccasiOned this debate.
(Deb2te tote cOntinued.)