Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-11-23

Inc charter oil the Chemical bank, be instruct
ed to enquire by whom the communication Of q
the nth Nov. 1894, bearing the signature of @
VIM. j. Caldwell. and addressed to John e. I
Tiliotson, Esq. was written, and that they re-
port the result Of their enquiry to this house I
with all convenient despatch.
8 The resolution was adopted. The commt-
tee proceeded immediately TO an examination !;
and Mr.. Tillotson reported 10 the house tina,
several gentlemen concurred in the opinion, I'M
der oath, that the letter was in the hand Wi
ting Of Ambrose Spencer.
A desultory debate ensued, as to the author
ship of the letter, and the causes that led To
the appearance OF II in u hand different from
the signature.
Mr.. Pell thought tina, Air. Spencer should
be addressed IN an informal manner and that
he did not doubt but he would give an expla. |
nation Of the transaction which would be salts !
factory to the house.
Mr.. Cunningham CONQUERED with Mr.. Prll
and added, that whatever part Mr.. Spencer
had acted in the inattei, il had bren probably |
in the capacity ef counsel
Mr.. Kruger did not conceive tii. 10 he a
case I'm which the writer could be protected
under the privilege Of COUNSEL He cited the
rasc OF - rs. Lee, in which he believed the
defendant, as COUNSEL for soldier had adj
| dressed letter to the secretary at war, eati-
talnlng Iibeil''ns charges against the plaintiff,
and 10 which II was decided that the plea OIL
hasii S acted as counsel did not exempt him
from the liabilities of the suit.
Mr.. Flagg said that il became necessary to
act promptly in relation TO the signer of HE
letter, because il had been represented that he
had or was about Ia leave the city but in re-
Ference to the WRITER such causes for An i'm
mediate decision did not exist. As difference
at opinion seemed to prevail among members
whether the writing nf the letter constituted
c"ntempt, he moved, for the purpose of afford
ing professional gentlemen an opportunity TO
examine presidents and authorities, that the
further consideration of the subject be post
poned until the fbl!nwing day.
Dir. Warren thought that the house ought
not to postpone the subject. Delay was unne-
cessary. He was no lawyer but he consider.
ed every member competent 10 Judge of an
Iindigniy offered to the house, without the aid
of legal advice. III" did not hesitate 10 saw.
that It the author 0ct!lat letter had receivedn
similar one when presiding in the supreme
court. he would have pronounced il a contempt
OF that court, without waiting day, or even
an hour.
MIR. Crazy was also averse To delay. He
Tor one Was prepared 10 proceed 10 an imme-
dlate consideration uf the subject WHY this
distinction said Mr.. G. We have already
: despatched the Sergeant in pursuit of the
sisner Of the letter; Why this reluctance TO
proceed against the author of il (: Th. high
standing of the individual, SD far from being a
paIliation or apology far the offence. was an
aggregation oft. He thought the house ow
Ell To itself, and To lis own honour Ia proceed
without delay for whatever apology might
he offered, il was apparent enough that The sri
fer of the letter could have entertained hp,
very ii'tip respect for the legislative body.
Mr.. Tail;nadge said he had listened /, the
debate without having intended IN take par,
IN 1t. But he was induced to offer few suy
| Seslions, IN consequence of ihe remarks WHO n
had fallen from gGnilemeD on the subject of
the privileges of COUNSEL. He stated that in
the cases in which projection had been extend
ed {" COUNSEL, II had been for the benefit of The
client Tor instance, counsel could not be com
peilrd To Disclose facts confidrd TO him. a.
such, by the client. But when Tie counsel
consented not only TO advise bat To ACT. and
write libel, he became an actor, and the s;q
nature OF the client could not be a proipc,iun.
tie SAID, whether, the act done was contempt
OF this house, depended very much on the in
tent. If il should appear The counsel had adj
, vised upon the information of his client and
had, upnn the dirrclion of the client. eyer
drafted the letter, without intent to become an
actor, and that the publication of the draft
made by the counsel had been the act of IN.
client he could Well imagine case in which
n
tradictcd. That these fact. of explanation.
must, however, come from the person accus-
ed. Mr.. 4. then explained, in detail, The
course of proceeding in courts Of Justice, and
IN legislative bodies, upon cases of alleged con
> tempt-said the process was either warrant
for arrest, or a SUMMONS to appear; TO be US
ed at the discretion Of the house. He cited
ana explained the proceedings in the case of
John Anderson before the hDnse Of reprrsc,
iati'es; and concluded that, in his opinion.
me i0iter, uneXplaihVd. was n cuD;,mpt i'm th.
person In whose handwriting il was /; and -
summons To appear at the har Of the house
would he The proper proceeding In .rd.r.
however, To afford time fnr dslibrrn,ion. and
Tor the examination Of authorities. he acori-
escpd in The motion of the gentleman from
: Clinton, (Mr. FIagg.)
After a fM Their conversation, on motion o(
Mr. Tallmadge, it was resolved, that the in.
junction of secrecy be observed until the fur.
Their order of the house.
And the house then adjourned its secret
session until to-lnorrow.
SATURDAY, Nov. IS.
MIR. Crazy "ilefed for consideration the fol-
lowing resolution and recital =
Whereas the chairman Of the committee
lappOioted 10 inquire neither any unfair ar
corrupt means were used in obtaining the
charter of the Chemical bank, has rece;v-
eda com mnnicaiion from William J. Caldwell.
in The words following
| For tn e communication, see the proceed
Iings of yesfeIday]
i Which communication is proved 10 be in
the hand writing of Ambrose Spencer.
Therefore II tsordered, that the said Ambrose
Spencer attend at the bar Of this house, ON
lIuPsU1y nj ,,,ctnct< ....i H., . -.