The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-02-19
THE INVESTIGATION.
MR. CLAY g. MR.. KREMER.

On wednesday the 9tn INST. IN the
House Of Representatives.,
Mr.. r. r. Barbour, from the select
committee appointed on the Appeal Of
the Speaker made the following Re.
port; which WAS laid on the table, and
ordered to he printed:
The Select committee, to whom was
referred the communication of theSpeak-
er, Of the Sd inst. report:
That, upon their first meeting, with
view to execute the duty imposed
upon them by the House, they directed
their chairman 10 address letter to the
Hon. George Krcmer, informing him,
that they would be ready, at a partieu-
lar time, therein stated, to receive any
evidence or explanation he might have
To offer, touching the charges referred to
IN the communication Of the Speaker of
the Sd inst: their chairman, in confor-
nifty with this instruction, did address
such letter TO Mr.. Kremer, who re-
piled that he wonld make u communica-
,inn to the committee; accordingly he
did send to them, through their chair
man, a communication, which accompa-
MES this report, marked A. in which he
declines to appear before them, for Ell
Their OF the purposes mentioned in their
letter, alleging that he could not do SO,
without appearing either as an accuser
ora witoess.both Of which he protests a
gainst. In this posture of the case, the
committee can take no further steps,
They are aware that it is competent to
the House to invest them with power
TO send for persons and papers, and, by
that means to enable them to make any
investigation which might be thought
necessary; and If they knew any rea-
son for such investigation they would
have asked to be clothed with proper
power; but not having, themselves, any
such Knowledge, they have felt it to be
their duty only to lay before the House
the communication which they have re-
ceived.
GENTLEMEN: i have received your
note Of yesterday, in which you inform
me that you will meet at 10 o'clock this
morning, and will then be ready to re-
cieve any evidence or explanation, 1
may have to offer, touching the charg-
es referred TO in the communication Of
the Speaker Of the Sd inst. Placed un-
der circumstances Unprecedented, and
which believe not only interesting to
myself, but important, as connected
with the fundamental principles Of our
government, l have reflected with much
deiiheration, on the course which duty
to myself, and my constituents, requir-
ed me TO adopt. The result of this re-
Election is that cannot consistently
with proper regard to those duties,
assent to place myaelf before your com
mittee, in either of the attitudes indicate
ed in your note. The object of the
committee does not distinctly appear
from your note. but may infer from its
contents, connected with the extraordin-
airy and unprecedented proceeding in
this case, that it is to hold me responsi-
bic. through committee of the House
of Representatives. for a letter, dated
the Goth January last, addressed TO the
Editor of the Columbian Observer, and
published in his paper of the 2sth,
and which was intended to communi-
cate. through that channel, information
which deemed interesting to my con-
stituents, and very important TO be known
to the whole American people at this
peculiar crisis. Thus viewing the sub
ject, cannot perceive any principle of
power in the Constitution, which can
give the House of Representatives, aud,
consequently, a committee created by it,
jurisdiction over me as the writer of
that letter; il neither involves question
of contempt of the House or an i'm
parchment of an officer Of the govern
ment under the constitution and l can |
discover. no authority by which the
House can assume jurisdiction in such |
n ease. If the authority of the House |
extended TO acts Of this kind, no limita-
ton could 6e prescribed to its power,
and it may reach the publisher as well
as the writer, and extend to every mem
Der OF the government, as we'll as the |
Speaker of the House Of Representa-
tives. But it is not only the unconsti-
tntionaIity Of the power which forbids
ME from appearing before you /; placed |
as l am, cannot bat perceive the dan
gerous consequences, as we'll as its nm. |
constitutional character.
Should I yield to such authority,
would he made amenable to a tribunal
which thus constituted, has no preserib-
ed limitation to its rules of proceeding,
and which is alike unlimited in the ma
ture and extent ofthe punishment il may
inflict. Nor can be ignorant OF the
fact, that this body thus unlimited in