Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-02-04

MIR. Storrs, of n Y. asked what was the Lee
sisature of the District of Columbia! as the
answer to that question would imply the power
of the House to grant the proposed rehet ior Tie
people of Ohio, or any other State having Its own
Legislature. Congress stood in the same rela-
ton to this Territory as the Legislature OF New
York did to hers. He concluded few remarks
by demanding the previous question.
The call was seconded, 90 to So.
Mr.. Foster required the Yeas and Nays on the
nrey,ous question, which being taken. the main
question was ordered, l04 to 81.
The effect of this decision being to set aside
the amendment Of Mr.. Blair, the question was
put on agreeing to the resolution: and decided by
Yeas and Nays, in the ffirmative-Yeas lO8,
Nays 20.
MIR. Draper. of Virginia, by leave ofthe House,
submitted for consideration the following reso-
luton:
Resolved, That the committee on the Judicia-
nv he directed to inquire into the eXpedlency OF
defining by statute, all offence which may be
punished as cOnlempts of the Courts OF the U.
States.
The resolution having been read
MIR, Draper said that he had offered this reso-
luton under the deepest sense Of duty. 1t was
not his intention, ne said, on this occasion. to
agtate a question which had been recently much
aSitated elsewhere But. said he. do wish to
know upon what tenure the People OF this coun-
try hold their liberties. wish to know whether,
if myself chusc to 20 into the public newspa-
pers to yindicate any vote give here, 1t be not
competent for any man, who thinks proper to do
50. to enter The same forum, upon equal ground,
to show that my opinion is wrong 1t |, as
member of this House, or this House as a body,
should set forth to the world any opinion upon
matter before us. has not any one right through
the same medium, to question the correctness of
that opinion? Does not that opinion, from the
moment of its publication, become public prop
erty? Does it not present as fair subject for
discussion as any that can be presented to the
mind of man? The object of such publication
of an opinion is to covince the readers of it that
certain proposition is right. If the object
of a publication be to convince the public
at large that any particular proposition agitated
here is correct, is it not competent for any citl
zen 10 call i'll question the correctness of such an
opinion? surely it is. If then we have not the
power of promulg eating our opinions, under the
protection of garb of official sanctity, | should
like to know if any other Department of the Gov
eminent has right to 90 before the Public with
vindication of its opinions, without any citizen
who chuses, having the right of reply to them or
comment upon them? This body has. admit, a
right to preserve decorum and order within these
walls, and to remove from within them any one
who may disturb the proceedings of this House.
But If, after having acted upon any subject, ma
jority Of this house shalt chuse to go into the
newspapers, to state the grounds OH which we
have acted, maintain that any citizen whatever,
has right to meet us there and contest those
grounds. ANY solitary individual has, under
such circumstances, right to meet and confront
the whole body of the majority of the House. If
this reasoning apply to the Legislative Body,
does it not, in an equal degree. apply to every
other Department of the Government. man
tain that it does. Whenever an individual IN Of
flee lays aside his official capacity and endea-
vors BY argument and reason to convince others
that any thing which he has done officially has
been done properly, lie has right to be met by
whomsoever, differing in opinion from him, in
any forum which he himself may select. Be-
der deep sense of the duty which owe not on
whom represent on this floor am not for
holding my liberty for one moment at the discre-
ton ofany individual. 1t may be said Sir, in
opposition to the object of this resolution, that
there will be difficulty in defining contempts of
court. Though this may be true, we shall find
no difficulty in defining what are not contempts
We can embrace in any legal provision on this
subject many cases which are not contempts.-
We might say, for example. that 1t would not be
a contempt of court to express an opinion upon
any decision finally made in court. &c. We
might declare that it should not be contempt of
court in any one to say that Judge is not i'm
macuate beg not to be understood (said Mr.
d. as here referring to a case which has been
lately before the offer branch of this Legislature
sitting as High Court of Impeachn ent. Far
be it from me to reflect upon the conduct of any
individual. who for such conduct has been
constituionally tried and legally acquitted.
But the law ought to be so clear that every in
divdua may be athletic look to the statute book
and know whether, in any thing that he may do,
he acts within the Law or not. For the security
of the rights of the whole people, and for no pur
pose of invidious alusion or personal gratifca-
ton. invite this inquiry. 1t is proper. Sir, that
every individual in the community should know
schat are the laws which he is bound to observe
at theperl of his liberty.
Mr.. Dcddridge, concurring with his colleague
in the expediency of this inquiry. suggested to