Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-07

Hold. villains those polluted haids restrain,
Nor that exalted head with bows proiaLe.
nober end awaits his patiot lead.
In other sort he'll Jpi'i the iiiusuious dead.
lesi when the glOtious woik which he begun
Shall saud the niOst complete heneath the sdn,
when n.ace shall cone TO crown the grand J,sisn
itis eyes shall live TO see tse work dyiu,-
The heavens shall Il en his generous spirit claa,
" Ia sio. ms as loud rs hts Immortal fnne"
i'afh the deep ihu.d-rs echo round tie sAss!
1n wings OF dame the eternal aud aes--
Que chosen charitable bolt is Sped
Aud OTIS minges With the glorious dead
Sdtws ropmi was the motto Of one ii Ills ESSAYS.
Waller, ON the death OF Cromwell.
----------------rrzxaQ-* ~ kxrn.~----
DEBATE ON COL. ANDERS0N'S CASE
rCoNTINuED.
MIR. HOLMES, OF Massachusetts. said the
question had heen yesterday triunilhantiy put
by his honorable FREUD from New York iIr.
SpehcCr,) are we jury L, said MIR. H. rc;i-
dily answer no. We are a legislative body,
representing eight millions OF citizens; "A body
exercising AZ important acts of sovereignty as
can be exercised, except by the Sovereign of
Heaven; and the single question is, can this
legislative body protect aud defend itself from
insult and asuser If, said Mir. H. Il judicial
court is treated contcuptuou>ly, il seems
agreed that the offender may be punislled-
Should cont of the United States be created
b, statute, without the power TO punish con-
tenipts being specially granted, no one will
deny thar tins power is incident 10 its coustiu-
ton. There are courts in the United States
which constantly cNei else these powers " 18th.
out any special grant. Should Il Judge of one
of these courts, IN gong from the court house
To his lodgings, be met and horsewhipped for
something relating. 10 his duty as u Judge will
II be coutcnded that this act would not be
punished a> contempt! Why, then, Sir, said
Dir. IL. ls th;s power incident 10 a lueiiclal
which is oeilicd TO Il legislative tribunal; If
protection and security he essential TO the one,
they are peculiarly 30 lor the other. | do not
INSIST so much on The common lars irving This
wight IL Is right essential and Inherent i'm
e:ery legislative body, that il shall protect
itself. II no prccedent existed, if the consti.
tution, the rules and the laws were silent,
would contend for this right of self preserva-
tion The trainers OF the constitution were
acquainted with legislative assemblies and
then rights. The rules of the house OF com.
NOUS, and OF the colonial and state assemblies
were familiar to them. Had they entertained
doubt OF the right in every legislative BODY
10 protect itself against violence and currup.
ton, they would have provided for its securi.
~. We are invested with authority 10 legis-
late for the people. To US is committed the
protection OF their lives, liberties and proper
~. How are we 10 perform these duties il
we have no power to defend ourselves against
insult!
The gentleman from Mississippi, (Mr. Poin-
deNtefJ admits that we have the power 10 pun
ISL u contempt. W only differ, then, in detiu
ing tue act. He would remove an offensive
person trom the house, and would defend the
body from interruption; but, al the same
time, he seems 10 contend, that we have 10
power but that expressed in the constitution
hence, was at a loss TO perceive how hrs con.
cluson would follow his premises The con.
stitntion gives no egpTess power to punish for
contempt: yet he woGld punish and stin in
sist upon literal adherence to the constitn-
ton. II probable that did not understand
him.
/ regret that ! did not distinctly hear the
gentleman from louisiana, (Mr. Robertson
as always expect to be edited by his remarks.
HIS account of the state constitutions in ,iefin-
ing this power, apprehend, is essentially in
correct. In some OF the states this power is
expressly given; that of Massachusetts pro-
vides for the punishment of any who threatens
harm to- a member in the place where the geI,-
er;,l court is sitting. In other states, the pow
er IS exercised where il is not expressly dele
gated. The practice in the colonial assem-
b!ieS has accorded with this claim of the RIGHT
OF this house. And surely it could never have
been intended TO leave the house ofrepresenta
tives OF the U. States destitute of a right, exer-
cised by the most petty provincial assembly
Sir, i do not resort to common law. take
the ground that the trainers of the constitution
knew what was meant by a Legislative 5ody and
that they never intended TO give us the powers
OF legislators, and at the same time TO denv ms
the means of exercising those powers If,
while we are performing our duties any one
may offer member bride, and we are desti.
tute OF the powers TO prevent, arrest or punish
the offender, we exhibit to the world a most
singular spectacle of imbccility.
But my honorable friend from Virginia (Mr
BarDourl takes strong ground. He opens the
constitution, and insists, unless the instrument
expressly gives this power YOU have il nor
File takes his positions so strong. and urseS
an9 defends them with such ability, as seems
TO invite and defy opposition. confess tina,
III is with great caution and reluctance that
meet that gentleman in the field of argument
he is an opponent whom should always pre.
Ter TO avOid But as his course is open frank
manly and fair, am bound to hazard the pre-.
sumption TO meet him. He states that exemp-
ton from arrest aud from accountability for
words a. m i'm ho a
leges expressly given by the constitution and
lnferS, that all others are, therefore excluded
That expressly to include one thing, implicitly
excludes others, isa principle which readily
admit but its application 10 this case aiii
obliged To deny. These privileges extend to
times and places beyond tire reach of tins
house. The privilege from arrest, commences
before aud continues after the existence of this
house. 1t exists before and after the person
claiming il is a mSmber. There rnay he no
house organized 10 protect them in these pri.
vlleges; special provision, therefore, was ne.
cessary, that they might seek relief from the
Judicial tribunals. To be shielded from ac.
conntabity tor language used in the house is
more extensive, aud continues during the life
of a member.
1t is true that the privilege from arrest in.
cludes the time of the session and more This
However, is a privilege against the operation
OF general law. Both of these privileges are
projections from acts otherwise iatcfw is IA
TO be INFERRED, Therefore, that there is no Sc
cnfity against acts which are Rnlatc)vi? Siu
gular, indeed would il be, that our constitution
Should take care to guard the representatives
against arrest for just debts, before aud after.
and during the time Of their attending tie
session, and at the same time deny the hOnSe
the privilege TO protect itself from abuse and
violence. The very circumstance that the
CONSTITUTION has given 90 members thcsc priyi |
leges, when they are ont Of the power ana pro-
tectiou Of The house, and has not guarded the
bOdg cOkiectirely from fraud and violence. il
conclusive evidence that it was believed aud
understood that selt-pTOtection was inherent
or ineideafai. SO far, therefore, is this grant