Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-05-24

1
| a reelection.
/ INSULT TO Mr.. ADAMS SEcRETARN.-
! The Committee to whom was referred the
Message Of the President Of the United States,
on the subject Of the insult offered his private
Secretary, have reported. The report is OF
considerable length and is drawn up by Mr..
M'Dunie. We copy the following extracts:
"Upou view Of all the circumstances, the
Committee are of the opinion that the assault
committed by Mr.. Jarvis, upon the private
| Secretary Of the President, whatever may have
been tho causes Of provocation, was an act
done in contempt of tho authority and digrity
of this House, involving not only violation OF
! its own peculiar privileges, but of the immuni-
ty which it is bound. upon every principle, to
| guaranty to the person selected by the Presi-
dent as the organ Of his official commuDica-
| tions to Congress. 1t Is Of the utmost imPor.
tance that the official intercourse between The
President and the Legislature department
should not be liable to interruption. The pro-
cecdings of Congress could be more eflectually
arrested by preventing the mombers Of either
House from going to the Hall of their deliber-
ations, than they might be by preventing the
President from making official communications
essentially connected with the legislature of
the country.
In the case under consideration, the Private
| Secretary. after having delivered message
from the President, was in the act of retiring
and almost within 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 Immediately from
! the Hall in which it was celebrating, where
he was in the enjoyment of a privilege conce-
ded to him, in common with others, who are
engaged in reporting the proceedings Of tho
House. IF the Representatives Of the People
have not the power to punish an assault COM
! mitted under these circumstances, then are they
| destitute OF power which belongs to the most
inferiour judicial tribunal in the country. The
power Of punishng for contempts is not pecu-
liar to the common law of England. II be-
longs essentially to every judicial tribunal and
every legislative body. The English law Of
contempts, as such, has not, surely the slight
eat authority in the Supreme Court Of the
United States yet the power Of that Court to
vndcate its dignity, and preserve its officers
from outrag 90 during it's session, will scarcely
| be questioned. In Like manner, though the
= par ifaIueHtaiy low "f E~sI~~d. srrk can
have no authority here yet all the legislature
bodies in the union habitually act upon its
! rules"
They, therefore. recommend to the adop-
tion Of the House, the following resolutions.
1t is proper, however, 70 remark by way of
explanation. that there was but bare ma jori-
ty Of the committee in favour Of tho first reso-
luton, the minority entertaining the belief that
the house possesses no power touching the
premises and that there was but bare ma
jority OF the committee in favor Of the second
resolution, the minority, believing that 1t was
expedent to vndcate the dignity Of the House,
by indictng some punishment for the violation
Of s privileges.
Resolped. That the assault committed by
Russell Jarvis on the person Of John Adams,
the Private Secretary Of the President, in the
Rotunda Of the Capitol, Immediately after the
said John Adams had delivered message
from the President 10 the House of Represen-
tatives. and while he was in the act Of retiring
from it, was violation Of privilege, which
merits the censure of this House,
Mr.. P. p. BARBOUR from the same Commit
tee, made Report from the minority, which
goes to show that Congress has no power to
punish an offence unless committed in their
Halls. The Report is long, and contains many
quotations from English Parliamentary Pro-
ceedngs, which relate 10 the powers possess
ed by Legislative Bodies. The Report CON-
mences with the following paragraph:
The minority Of the Select Committee, to
which was referred the Message of the Pres
ident. In relation 10 an assault, committed
by Russell Jarvis, upon his private Secretary,
whilst they concur with the ma aiority in the
results which they report of the evidence, and,
also, in the expression of their disaprobation Of
the assault, in reference to the time ,Dhen,
m nd bp Ofo spho xtol knx
leave to state their decided and unqualified
dissent from that resolution Of The report,
which affirms the power of this House to pun
ish the assault in question, as being a breach
ofpriviIoge, and contempt; and TO present
condensed view Of the reasons which have con-
Quoted than TO this onclusion.-This power, if
il exist; must rest for lis support upon that
doctrine of privilege, which is said to be estab-
lished by the law and custom Of Parliament !;
q doctrine, which in their estimation, is az in
compatible with the genius Of our People, and
the principles Of our Government, as it is dan
gerous 10 the individual rights Of the citizen. "
The Report closes with the following:
"The minority have felt that they owed i.
to themselves, to state the grounds Of their
opinion, upon great question Of constitutional
law, which, to-day, is the case Of Russell Jarvis,
but which may be the case Of any citizen in
the union.
Under the influence of these considerations,
they recommend the following resolution
| Resoiped, That IL is not competent to the
| House Of Representatives to punish himself
Jarvis for the assault upon the private secre-
tary Of The President, as for a contempt to the
House.
tBoth of the above reports were ordered to
lie upon the tablet
0t-We have received a communication