Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-05-21

Adams ana Hir. olC'sop, 'hdt 'hi' -'"""S 49,
not use the offensive language relative to Mr.:
Jarvis, with view Of injsring the feelings OF
.h. ladies who accompanied him, nor, Indeed,
with knowledge that twas overheard by them.
The fact however, appears To be indlspu'aoie,
that so much Of lha, language Was heard by
Mrs. Codis and Mr.. Drx,er as induced the par~
" and particularly The female friends who &C
compaBied MIR. Jarvis, 10 leave the President
House as soon as possible, under the IDEA lha'
they had been insulied.
Upon a view of ali the circumstances, the
Committee are Of the opinion that the assault
committed by Mr.. Jarvis, upon the Private oe-
cre,ary Of the President, whatever may have
been The causes Of proyocation, was an act
done in contempt Of the authority and Dig
niuy Of this House, involving not only Vio'
la,on Of it's own peculiar privileges, but OF the
immunity which il is bound, upon every prin.
ciple, To guaranty 20 the person selected by the
Piesideu! as the organ Of his official communl'
cations to Congress. 1t Is Of the utmost I'M
portance ,ha, the Official intercourse between
the President and The Legislative department
should not be liable intern upton. The pro-
ceedings Of Congress could not BE- more ehec'u'
ally arrested by preventing the members OF ei>
Their House from going to the Hall Of their deii'
beralious. than they might be by preventing the
President from making fHcial com nunie atoms
essentially connected vi the legislation OF
The country.
In the case under consideration, the Private
Secretary. after having delivered Message
from the President, was in the act OF re'iring,
aud 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 imms diatelv from
the Hall in which il was celebrating, where he
was in the enjoyment of privilege conceded
to him, in common with others, who are en-
gagged in reporting the proceedings OF The
House. If the Representatives Of the People
have not the power 10 punish an assault COM
milied under these circumstances, tHen are they
destitute of power which belongs 10 the most
inferior judicial tribunal in the country. The
power Of furnishing for contemPts is no, pecu-
liar 10 the common law Of England. Il belongs
essentially to every judicial tribunal and every
legislative body. The English law of contempt',
as such, has not, surely, the slightest authority
in The Supreme Court Of The U States: yet the
power os that Court TO ,indica,e its dignity,
and preserve its officers from outrage during
il, session, will scarcely be- questioned. In
like manner, though the parliamentary law o.
England, as such, can have no authority here:
vet all the Legislative bodies in the Union haoi-
tually act upon lis rules.
The power in question grows ont OF the great
law Of self preservation 1t is no doubt very
liable TO abuse, and on Ght always 10 be exercis.
ed with great moderation. In its very nature,
il is not susceptible either Of precise definition
or precise Limitation. Each par ticular instance
Of its exercise mus, be adapted to the emerg-
cncy which calls Ior il. Will, therefore, the
Committee deem it matter OF great importance
10 maintain the existence of this power, as an
essential means Of vindicatlng the dignity and
privileges Of the House, they are clearly oil the
opinion that il ought never TO be exercised, ex-
ce2t in cases Of strong necessity; and that the
punishment inflicted under il ought never to
be carried farther than shall be absolutely and
inperiously required by the existing emerg'
ency.
In the present case, though they think the
conduct of. Mr.. Jarvis obnoxious to the censure
of the House, yet they can hardly suppose that
he was conscious, at the time Of committing
the assault, that he was of, ring contempt 10
is authority. He disclaims, indeed, any such
intention. And as the Commiltee are aware
that many persons, for whose opinions they
have very great respect, enter ain the belief tina,
the assault in question was not a violation OF
any privilege Of the House, they think they
are required, by the spirit OF moderation and
indulgence il which this power should always
be exercised, to give Mr.. Jarvis the benefit of
the most favorable presumption, as TO his views
and intentions, touching the rights and privi-
leges in question.
They, therefore, recommend to the}adoption
of the House, the following resolutions. 1t is
proper, however, TO remark, by way Of expla
rion, that there was but bare ma jority Of the
Committee in favor of the frs, resolution, the
minority entertaining the belief that The House
possesses no power touching the premises; and
tina, there was but a bare majority Of the Cons
mi,,ee in favor of the second resolution, the mi
nority believing that it was expedient TO vindi-
cate the dignity Of The House, by inf1icting some
punishment tor the violation OF It's priv leges:
Resolved, That the assault committed by
Russsl Jarvis on the person of John Adams,
The Private Secretary Of the President, in the
Rntundo Of the Capitol, immedaey after the
said John Adams had delivered Message
from the President TO the House Of Representa-
lives, and while he Was in The act of retiring
from il, was violation Of Privilege, which me-