Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1828-05-23


ton upon the veracty of any of the witnesses II
is proved by those on both sides, and, indeed, by
the admission OF MIR. Adams, that he did use the
language calculated, If Overheard TO insult Mr..
Jarvis. 1t is also proved, to the satisfaction of the
Committee, that Mrs. Cords, the mother of Mrs.
Jarvis, was very near to Mr.. Adams when he made
use OF the offensive language and that she, as we'll
as other persons OF the party who accompanied M r.
Jarvis, heard it with dstinctness. 1t also APP
pears, that the ladies who accompanied Mr.. Jarvis
interpreted the language Of Mr.. Adams as an insult
offered to the whole party, and it seems that Mr..
jarvis acted throughout the whole of the transaction
under the same impression. On the contrary, it is
stated by Mr.. Adams and Mr.. Steton, that Mr. ADJ
ans did not use the offensive language relative TO Mr..
JarOis, with view of injuring the feelings of the
ladies' who accompanied him, nor, indeed, with
| knowledge that 1t aO0s overheard bY them. The
TACT, however, appears to be indsputable, that so
much of that language heard BY Mrs. Cords
and MIR. Dexter as induced the party, and particu;
larly the female friends who ACCOMPANIED MR. Jar
Wis, to leave the Presidents House as soon as pos
sble, under the idea that they had been insulted.
Upon view OF all the circumstances, the Com
mittee are OF the opinion that the insult committed
by MIR. Jarvis, upon the Private Secretary of the
President. whatever may have been the causes Of
proyocation, was act done in contempt to the au-
thority and dignity of this House, involving not
only violation of its own peculiar privileges, but
of the immunity which it is bound, upon every prln-
cipe, to glarante to the person selected by the
President as the organ Of his official communica-
tons to Congress. 1t is of the utmost importance
that the official intercourse between the President
and the Legislative department should not be liable
to interruption. The proceedings of Congress
could not be more efectuay arrested by preventing
the members of either House from going to the Hall
of their deliberations, than they might be by pre-
venting the President from making official c0mlnu-
nicaons essentially connected with the legislation
of the Country
/ In the case under consideration, the Private Se-
cretary, after having delivered Message from the
President in the act of retiring, and almost with
in the very verge Of this Hall, when the assault was
committed upon him. The House was in session,
and the person who committed the assault went i'm
mediately from the Hal in which it was deliberat-
f ing, when he was in the enjoyment Of privilege
conceded to him. in common with others. who
engaged in reporting the proceedings of the House.
If the Representatives of the People have not the
power to punish insult committed under these
circumstances, then are they destitute of power
which belongs to the most inferior tribunal of the
country. The power of furnishing for contempts is
not peculiar to the common law of England. 1t be-
longs essentially to every judicial tribunal and every
f legislative body. The English law of contempts,
such, has not, surely, the slightest authority in
. the Supreme Court of the United States vet the
power of that Court to vndicate its dignity, and
preserve its officers from outrage during its ses-
sion, will scarcely be questioned In like manner,
e though the parliamentary law of England, as such,
can have authority here : yet all the legislative
n bodies in the Union habtuallyac npon its rules.
The power In question grows out of the great law
of selfpreservation. 1t no doubt very liable to
abuse, and ought always to be exercised with great
moderation. In its very nature, it is not acceptable
either OF precise definition precise limitation.
, Each particular instance of its exercise must be
adapted to the emergency which calls for it. While,
therefore. the Committee deem it matter of great
Importance to maintain the existence Of this power.
as essential means of yndicatng the dignity and
h privileges of the House, they are clearly of the
opinion that it ought never to be exercised, except
in cases of strong necessity; and that the punish
ment inflicted under it ought to be carried
= farther than shall be absolutely and mperiousy re-
= quired by the existing emergency.
In the present CASE though they think the cor
duct of Mr. Jarvis obnoxious to the censure of the
House, yet they car hardly suppose that he
scious, at the time of committing the assault. that
he was offering contempt to its authority. He dis
: claims, indeed, any such intention. And as the
Committee are aware that many persons, for whose
opinions they have very great respect. entertain the
belief that the assault in question was not violation
: Of any privilege of the House, they think they are
required, by the spirit of moderation and indulgence
in which this power should always be exercised to
= give Mr. Jarvis the benefit Of the most favourable
8 presumption, to his views and intentions, touch
! ing the rights and privileges in question:
They, therefore, recommend to the adoption Of
: the House, the following resolutions 1t is proper.
e however, TO remark. by way Of explanation, that
that there was but bare majority of the committee
II in favour of the first resolution, the minority enter
tanning the belief that the House possesses no power
e touching the premises and that there was but a
T bare majority of the Committee in favour of the
second resolution, the minority believing that it was
: expedient to vndicae the dignity of the House, by
Iinf1ictInu some nunIShlnpnt the vioatiOn nf
privileges.
e Resolved. That the assault committed by Russell
e Jarvis on the person of John Adams, the Private
Secretary Of the President, in the Rotundo Of the