The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-05-28

The ASSAULT. The majority of the Com.
mittee on the subject of the assault on the Pres.
ident's Secretary, have made a report by their
Chairman; and the minority have made a
counter report. The following is an abstract
of them -
The first report states that it is clearly estab-
ilshed, and even admitted by Mr. Jarvis, that
an assault was committed by him upon the Pri-
vate Secretary of the President, in the Rotunda
OF the Capitol, after he had delivered MESSAGE
to the House of Representatives, immediately
before the assault was committed. Mr.. Jarvis.
| 1t appears, was in the House when the Message
was delivered, and Immediately followed after
MIR. Adams, as he retired from the House.
With respect to the alleged provocation, con-
! fiictlng statements were made by the witnesses
examined. They considered it proved, however,
( by those on both sides, and even by the admis.
sion of Mr.. Adams, that he used language cal
culated, if overheard, to insult MIR. Jarvis
They were satisfied of the fact, that Mrs. Cor
dis, the mother of Mr.. Jarvis, was near Mr.. Ad-
ans when he made use of the offensive lam
| guage-that she as well as others of the party
heard 1T with some distinctness that the lam
guage made use of was at the time Interpreted
I as an insult, and that the ladies' in company of
Mr.. Jarvis, on this account left the house as
| soon as possible. It was denied, says the re-
port, on the contrary by Mr.. Adams, that he had
any intention of insulting the ladies', and that
ne was not conscious of being overheard. The
! committee were of opinion, however, that the
assault, whatever the provocation, was made in
contempt oft the authority of the House, involv-
ing not only violation of it's own peculiar priv
! lleges, but of the immunity which it is bound
upon every principle, to guaranty to the person
selected by the President as the organ of his Of.
fetal communications to Congress-
In the case under consideration, the Privnte
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 act was committed upon him. The House
was in session, and the person who committed
the assault went Immediately from the Hall in
which 1T was celebrating, where he was in the
enjoyment of privilege conceded to him. in
common with others, who are engaged in re-
porting the proceedings of the House
The committee were of opinion that the pow
er OF publishing contempts belong to every iu-
dical and legislative body, but that this power
ought never to be exercised but in cases of
strong necessity, and that as Mr.. Jarvis dis
claims any intention of offering contempt to the
House, they were disposed to give him the ben
EFT of the most favorable presumption. They
therefore recommend the following resolutions
1NooOCOeU, 1 HdI Lue assault cOInmLLeQ DV
Russell Jarvis on the person of John Adams, the
Private Secretary of the President, in the Ro-
tunda of the Capitol, Immediately after the said
John Adams had delivered Message from the
President to the House of Representatives, and
while he was in the act of retiring from it, was
violation of privilege, which merits the cen
sure of this House.
ReSOLSed, That it is not expedient to have
any further proceedings in the case.
The report of the minority Of the committee,
offered by Mr. Barbour, agrees perfectly with
the other, except that the power of the House
to punish for contempt of authority is strenu-
ously denied. The exercise of such power is
the same nature as an ex post facto law-it
moreover makes the offended party Judge in its
own cause-both (which circumstances are in
compatible with the genius of our people and
the principles of our government. A number of
examples were cited by the minority to show
the abuse of this power as exercised by the
British Parliament, which examples instead of
being received as precedents by our govern
ment, should serve as beacons to warn us to
avoid the exercise of power SO liable to be
perverted.