Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-17

Il.
Hopkinson asked, to he decided by
the particular political denominations
of those who voted pro or can ? Is
that 10 be the rule by which decisions on
such questions are 10 be received OF Se-
garded as precedents liso, tS genilemcn
took the liberty sometimes Of eNciail.cn.r
sides in politics, thai which WAS la~ so-
day might not be tomorrow and inoi
question would beforever gnseiiled TbeS
question now raised, Mr.. IL. considered
as having been decided by an authority
which, though not decisive, was yer enii-
tied 10 the highest respect, and Ought TO
be respected. The observations OF the
gentleman from New Hampshire hasina
been disposed OF, which ought never To
have been made, Mr.. II. proceeded iut.l-
tice some other views which had been
thrown out. IL bad been objected 10 the
legality of Tie procedure, that the stale
ment on which the warrant was founded
was not an oath. Was not the represen-
tation of a member of this House, he ask-
ed, sufficient ground of proceeding ?
The character of this House must be
sunk TO low ebb, if the representations
of IFS members were not to be received as
true. In the case of Randall and Whit
ney, the proceedings OF the House had
been similar 10 those ofhis day: inGornra-
ton oftlie facts was given by members in
their places, and the House proceeded, as;
in the present case, without calling on
the members to take the book and testify
that what they had slated was true. Ia
such cases, said Mr.. II. wphave ever been
guided by precedent, and we have done
right Bnt, il was said by tile gentleman
from Ohio, that there was nothing 10 be
found in The constitution TO Justify this
L. ~ 81
stitniion gave being 10 this body, il gave
tn it every attribute necessary TO lis secu-
rity and to its purity. The courts Of jus
tice, which had been mentioned, do cxer-
else similar power any attempt Ia OBJ
sfruct the due course OF Justice, or 10 Sor-
rupt IFS source, Is an offence punishable
Ia summary manner. II was equally
necessary such power shonld reside IN
this house; because, if persons hanging
about this hall, with their private claims.
and besetiing the paths The members,
offering them brides for their votes aud
influence, were 10 be referred 10 tie
conrts ofjustice for iheirpnnishment,l there
was no protection for the independencE,
none for the feelings, none for the char
acter of this House. IT we are careful
that the laws be purely administered,
ought we moi to he equally so iiiai they
listers the law 10 have protection, and The
Legislator who makes the law 10 hay : nonef
That the courts have the pov er ;apuiltsh
coniempts, is matter, MIR. IL. SAID,
which could not be doubted here 4; and
tllst the legislature possesses the same
power. was TO him as clear, and Tor the
same reason. Adverling 10 the provision
of the constitution which privileged mean
bers of Congress from arrest during their
attendance at the session of their respect-
i've houses, and on going to and reiurn-
ing from the same-it the gentleman VIII
tie Us down 10 the letter of the constliu-
ton, said Mr.. II. how would he PUNISH q
man who should arrest member coHlrx-
~ to this provision Would he sire hiBi
al law2 And where do you find in the CON
stitution any thing by which you shall
know hoac 10 proceed TO punish him z. -.
Would not the gentleman DO n in the
way In which we are going oni Andwhy
Because, said, he, we possess the power
To protect ourselves in the exercise nt Cur
duties. How would the gentleman pro-
coed in the case Of the arrest oi himself
and half a dozen Of meuIbers, IS hose
votes woTld tnrD the scale on pending
question o.! the highest moment Dis
charge the members, and they might be
arrested again, it there ras no summary
process against the offended. III there
was no redress in such q case, but 10 turn
the person offending over 10 silt orio in
dictment III the courts, the constitutional
provision was mere Illusion. Bui gcr-
tlemen themselves did not agree. Quo.
said he, refers the house lurredrcss ofiaeir
cor plant in the present case 10 the
courts oGiusiice the other says thai iirl-
berry is no offence, there being no lax ia
punish II Of course. the courts are nor
open 10 the complainant. So that, he
tween them, Congress is in strange p3c-
dicamcni. We are, without rrmcd. 10
The mercy of every Infamous man - iio -
disposed, either for the purpose Of private
malice orperSoHa emolumrnl 20 i,lay ol
liis arts against the reprcs cna,iyrs 0f TIDE
people. Mr.. II. concluded by saving tliaf
he hoped tie House would decide inst y
had the power not only to protect is c>-
isteace, but TO preserve its character so
pure and unsulJcd, as io Be exempted
ven from suspicion.
MIR. FORSYTH rose to correct an extra
ordinary mistake which tho grn;lemau
from New Hampshire had lallrn into
in regard 10 the precedent r. which hp
had referred. That precedent was found
in tie Journals of tIIe year l7g5, bel, re-
the division Of parties, Which has sii,re
existed, had taken place. II vas not
therefore a party question, but great
constitutional point, which was ihen de-
cided. On referring TO the journal for
tlie final vote, il appeared that sereBfy-
eight members had voted in the aihrnia-
tive, and but Sepcutcea against IL. For
anotherfac he wasiudebicd to theininr-
nation Ola gentleman who vas in 5eiiu-
alton to have known it, thai, Of fl5o>e ~.
thirty-nlne we're subsequently, or The re-
r,t,IItca, eide &C tbc met 49,, ,..,f g..