The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-05-26
TEE VEasssGg1AN.
LyNCHBURG, WAY %. 1928.

OF Inc mn"FHY aHd The countef-feporf OF the
minority the committee appointed to inyeNt
gate the eli cumslances connected with the as
sault recently perpcuaied by Russell Jarvis on
the private Secretary Of the President. while IL
the discharge al his official duty
With the reasoning ofihe Report, we are. Ia
tie main, satisfied but the conclusion uhich tot
lows appears 10 rs to be most absurd one II
Is cunclusycly shhw1. Isl that the power 10
punish an outrage on It's dignity does reside in
the Housc-and, 2diy. that jarvis had rendered
himself obn xions to its exercise What, then.
rs the result TO which these established proposi.
lions should have led Could 1t he reasonably
supposed, that il would have been a recommen.
dation To the House to pass over the matter Sitd
sIeHtio2 Or, would II not rather have been tx.
pected (eVen il We concede, that under the cii.
cumstances oil the case. some lcncncy should b,
extended TO the aggrcssoI that IT would have
been a least advised 10 rxpel him from his Srrt
as Reporter. during the short remainder OF the
present session OF Congress This mild pun.
lshmeat, whilst il would have been a matter o III,
tie OF no IN nent TO the cnlprit would IN a small
degree have viudlcated the siplated dignity of
the House, aud shown to the nation that then
Representatives were NOT so powerfully under
the influence ofparty spirit as to shield from
mertei punishment ullian who had insuItcd
; it. because he vas poticaly attached To the ma
iority The plea which the committee 50 kind
" uoiuIliecy for Mr. Jarvis, OF Ignorance, Is
wholly unusiifable. Nh. J. knew well enough,
! (tor he is not in his hOrn-bOOk) that his assault
on the Secretary would be II contempt OF The
] llousc--lf he had not known It before, he would
certainly have ascertalned the fact from the poo.
cerdngs OF The Senate during the present Sos.
sion, in which his partner, Dun Green. stood in
similar predicamcnl 10 himself, With this cN.
ception IN favor of Green, that the person rs
sauled by him did not I'LL an official station.
and was not engaged in the per formance ot an
official duty. No: Jarvis 1tected time and
p ace, with full knowledge Of the insult Of
which he would be guilty towards the Executive,
by assailing his official messenger, and OF the
contempt which he would manifest towards the
House by making battle almost in It's presence.
And he calculated. we tear but too truly, on the
disposition to cxteuuate his offence, and to pa,-
don IT, which he would meet with ~ the House,
a majority OF which he koev We're his political
assO, ates, and would lac aCtnated. an protecting
him, by the stronger motive Of degrading the
Presidents Secretarg because he WIS the frosl-
dents sou.
Our objection to the counier-Report, pre-
seuted by Mr. Barbour is OF a different cha
racrcr. We object 10 the min ground he
hRs taken, that the House has no power 90
punish contompts aud breaches OF privilege,
although he very plausibly argues that it is
the cssence OF tyranny 10 permit the offended
party II acl as judge, iDry and cSeruloL-
er Bat, we certainly see much les dan.
ger in confdog this power 10 numerous
body oil men, OF whom il NAV safely bl Us.H
med majority will never be 90 rAa#p rated
AGAINST an offending individual as 10 sanction
IA unjust or iyrannica procedure against him,
LOO tb#r b.
they have 10 give an account ol their con
duet 10 the peoplp,) than in vesiiHg il ina sin
gle judgc, VINO would naturally construe eve
~ contempt of court into personal insult,
who would punish the offender under the in
Gucnce Of tue exaggerated feelings produced
by such an impression-and npcu whom the
peOplp holds no check. Does not Mr.. Bar
bnur contend that the courts have the power
thus To punish While he SAT on The bench,
would he not have exercised II Or, will he
say, that, wholly irresponsible as the Judges.
are Ger Impeachment is not dreaded, and ne
yer will be, by one of them, so long as II IS
attended by so many diffcullies.) they are
more likely to throw aside passion, and 10
guard the personal aud legal rights Of The CT.
tizcu III such case, than the House of Re
presentatives over which The people exer-
else such sanitary control lfdJndgr di.
rect one of his officers 10 perform an ag with
in the range Of his duties, aud that officer he
assaulted while IN the performance OF IT, we
care not how distant from the spot where the
court may be in session, so that il be within
lis Jurisdiction, would not the offender lay
himself liable 10 punishment, al the sole dis
erection ofthe Judge No one viii deny il.
And yet, it is seriously coutrndrd that the
messenger of the highest officer known Ia tde
constitution, in the act OF delivering com
munication 10 The Senate, from that otbCer,
may be assaulted within hearing ut the House,
without rendering himself subject even
TO the slightest ceusurei PRAY, what arICl"
in the constitution give to the judicial branch
OF the government power equally essential
To the legislative, aud which is withheld from
The latter II the Judge cannot find their su-
pprior claim In the power of enforcing due
respect To themselves aud their officers whilst
in the exercise Of their official duties, in the
instrument 10 which we have referred, whence
do they derive ii 2 Is it necessary that NPy
should be viewed within degree of reverence,
approaching almost 10 awe, and that her de-
alterations should be uninterrupted, and that
their officers should be unobstrncled in the
performance Of their dnfies' And is it moi
equally necessary to another branch OF the
Government The power must exist some
W
proper administration oi justice. while il pro-
protects from insult aud outrage those who
administer ii and the same causes which
render il essential to the judiciary, render II
equally essential 10 the legislature. To the
executive, II is not requisite, because he ne
vcr. while engaged in his official duties. is
forced into contact with the crowd >. aud be
cause, If the person whom he may select as
the medium Of communication from himself
to Congress, be ohstructea 10 delivering
those communications. hr relies, as he ought
,c do. both on the power aud willingness OF
Congress to punish the aggressor.
10 jnStify his course ofrcasonlne, MIR. Bar
hour !. compelled TO lessen the extent TO which
the judiciary has hitherto carried the power Of
furnishing contempts and ia charge It's members
lbv mpIication) either with ignorance or n'nr-
patton in claiming it Al all. lie says. as It re-
CARDS the courts OF the States, although II Is an
anomaly. !, IS claimed, upon the ground iao' dis
cussed. rs part ofthe common law, which, IT
has been seen. does not belnne 10 the tnited
at one ltlDW dOnIlIdtInr