Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-02-12

forming him that they would be ready, at a
particular time, therein stated, to receive any
evidence or explanation he might have to Of
fer, touching the charges referred to in the
communication of the Speaker, of the 3dinst.;
their chairman, in conformity with this in
struction, did address such letter to Mr..
Kremer, who replied that he would make
communication to the committee according
ly, he did send to them, through their chair
man, communication, which accompanies
this report, marked A, in which he declines
to appear before them, for either Of the pur-
poses mentioned in their letter, alleging that
he could not do so, without appearing either
as an accuser or a witness, both of which he
protests against 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 en-
able them to make any investigation which
might be thought necessary; and if they knew
any reason for such investigation, they would
have asked to be clothed with the proper
power; but not having, themselves, any such
knowledge, they have felt ii to be their duty
only to lay before the House the communica-
ton which they have received.
A.-(MR. KREMER'S Lottery
GENTLEMEN: 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 receive any evidence or ex-
PLANTATION may have to offer, touching the
charges referred to in the communication of
the Speaker, of the Sd inst. Placed under
circumstances unprecedented, and which l
believe not only interesting to myself, but i'm
portant, as connected with the fundamental
principles of our government, have reflected
with much elaboration, on the course which
duty to myself, and my constituents, required
me to adopt The result of this reflection Is,
that cannot, consistently with proper re-
gard to those duties, assent to place myself be-
fore your committee, in either ofthe attitudes
indicated in your note. The object of the
committee does not distinctly appear from
your note, but may infer from its contents,
connected with the extraordinary and unpre-
cedented proceeding in this case, that it is to
hold me responsible, through committee of
the House Of Representatives, for letter, da-
ted the 18th January last, addressed to the
editor ofthe Columbian Observer, and publish
ed in his paper of the 18th, which was intend
ed to communicate, through that channel, in
formation which deemed interesting to my
constituents, and very important to be known
tothe whole American people at this peculiar
crisis. Thus viewing the subject, l cannot
perceive any principle of power in the Con-
stitution, which can give the House of Repre-
sentatives, and consequently, committee
created by it, jurisdiction over me as the wri-
ter of that letter; it neither involves question
of contempt of the house, nor an impeach-
ment of an officer of the government under
the Constitution and can discover no au-
thority by which the House can assume juris-
diction in such a case. If the authority of the
House extended to acts of this kind, no Gmi-
tation could be prescribed to its power, and it
may reach the publisher as well as the writer,
and extend to every member of the govern
ment, as well as the Speaker of the House of
Representatives. But it is not only the uncon-
stitutionalty of the power which forbids me
from appearing before you; placed as am, /
cannot but perceive the dangerous conse-
quences, as well as its unconstitutional cha
racter.
Should yield to such authority, Iwould be
made amenable to tribunal, which, thus con-
stituted, has no prescribed limitation to its
rules of proceeding, and which is alike un-
limited in the nature and extent of the pun
ishment it may infict-nor can be ignorant
of the fact, that this body, thus unlimited in
its rules, and in the extent of its powers, is at
all times, but more especially at crisis like
the present, subject by its very constitution
and the nature of its functions, to be acted
upon by some of the most powerful passions
that actuate tie human breast, which unfit it
to perform in that cool and deliberate manner,
the duties which properly belong to a court
and Jury. If 1t should be considered as pro-
per that members be held responsible here
for the communication of their opinions out
of the House, on public men and public af-
fairs, it would be much more safe that they
should be placed at once under the operation
of the sediton law and, so far as the men,
bers of this House are concerned, the repeal
of that famous law might be considered as a
calamity, rather than blessing. Thusregard-
ing the constitutional power of the House, and
the nature of that which is proposed to be
exercised in my case, have determined, I'M
der deep sense of my duty to myself ahd my
constituents, not to submit to a procedure
fraught with such dangerous consequences.
therefore protest most solemhly against the
assumption of any jurisdiction, either by the
Committee or the House of Representatives,
that shall jeopardise my right to communicate
freely to my constituents whatever may be-
ieve necessary for the public good. 1t is not
my intention, in the slightest degree, to i'm
peach the character either Of the Committee
or the House, for which have the greatest re-
spect, and the authority of which, within its
constitutional sphere, I regard it my pride and
my duty to sustain. In refusing to submit to
the authority of the House, as the writer of
the letter before alluded to, it may be proper to
remark, in explanation of the admission which
may seem to have made of its jurisdiction
Whatever assent may have given, was done
hastily, relying on the conscious rectitude Of
my conduct and regarding my own case with
out having reflected duly on the dangerous
principles involved in the proceeding, and can
not therefore be considered as waiverof my
right. The Committee will observe, that the
honorable Speaker, in his card, had chosen to
make this matter personal question with the
then unknown writer of the letter. After
due reflection, determined at all hazards not
to conceal the fact of being the author of the
letter, and did not expect, by this disclosure,
to enable the honorable Speaker to place me
,,nder the ;,,r;sJ;ct;nn of the House His an