Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-24

abstraction If the power exists it may be acted
on, or II Is power that is powerless.
gross and daring assault had been made upon
sentative OIL the people. deserved, il demanded their
considerate attention; attention too which sure
would be unmixed with either party personal
tons No gentleman OF that House, he was confident,
would view the matter relating party friend or
party ioe-t was not to be looked political aspect;
mu whenever party or political motives can influence
actions IN such matters, said Mr. Drayon then shall we
nave aoundsnt reasons TO en,be Tor the stability aud
@g1y OF our political institutions. Mr. ID. Observed that
what seemed to be ~ the gentleman from Tennessee (r
rhk the popular principle OF contempt or breach
OF privilege, appeared TO him (Mr d. be the monar-
ehicai or despotc principle in its full The popu-
lar principic he conceived comprised mainly i'm the
preservation of the rights of that House ybont which
there could be no security the people, that in their pub
hc acts the members OF it influenced or guided bv
no private or personal considerations either through appre
hension or the effects OF violence Mr. d. argued on the
eject which the operation of fear force would have on
the deliberations of convention OF the people, and con-
% VIA. ior tno proper progress oil the proceedings oil
such body deriving its power Immediately and directly
from the people, the right belonged to of preserving
eom oil debate 1t could not exist without that freedom
ior It's decisions should be made under the influence of
external terror the people whom represented might
constitution forced upon them under the will of those
who had dominecred over it by the strong arm Tbis
u might be said, extreme case blu, no on.
could say that the principle involved. Ifhe were
caed on 10 show that such an idea visionary or
fancul, he might advert such scenes as those that
might be depicted OF the government of legislature bv
violence which has had actual recent existence
Look to the scenes which under some of the
various Governments that had afflicted France Look 10
Paris for signal and solemn warning. Review her
commencing vs. he nation
semoiy ana then the constituent assembly, and the ma
tisnal convention The galleries then dictated The laws
ny which France and Frenchmen were TO be governed
Mr. Drayton, in illustration of this part OF his argument
went into pathetic and glowing description of the nban
py consequences OF the influence of the associated cb
and the popuace the deliberations of the Frencb
gaure and OF the sanguinary deeds enacted under the
susPicies oil the execrabe revolutionary tribunal No
such transactions, he thanked God could slv the
nais oil his country but where the freedom of speech ON
inc part oil the representatives of the peope shond no r
pressed or restrained in any degree by the manacles of
~, vIehce theIe mo freedom OF the people could
only be made TO exist by bringing to condgn punishment
those who violated their rights.
nc adver,ed to the rise and progress of the power ex.
creased by the British Parliament commit for contemn
tracing its growth from the time of James The First Of
England when he said the government of Great Britain
not an absolute monarchy, was certainly vcr,
AT that PERIOD the members of the Parliament ,ve:o C
9uenty called TO account, by the Crown for words
Ken In debate but from the general extension of knowl
edge which had spread widely in after times e P,r
lament and the people had gradually mbbed those nonu
lar principles which had led the very proper connection
oil the rights OF the community with the right of the par
lament 70 commit offenders for contempt breach of
privilege This he said, the case in Parliament
wch al pest only partially represented the people for
whom 1T legsated. What, then ought to be the case in
the House OF Representatives of the United States ien
rcpublicl - '''' '0''euera'od
But the gentleman from Tennessee (NIr. polkl had in
gwen up the whole argument, by admitting one part
Oh ~ ne mad admitted the power of the House to pun
'Sh LOT cohempts committed in its face But even that
power was hot TO be found in the constitutions. in ,,t INV;
strument 1t would be sought for in 1t was in fact
he
pie and that an insult offered it, was an insult Offered m
'he people Once settle the principle, said Mr. d. that
you can punish for violence offered 10 an individual in M
lace OF TINS House, and you establish the principle tba,
you nave cognzance over similar offences committed ont
Mr. Polk here explained When called upon bv Tho
gentleman from Pennsylvania, (NIr Coulter0 TO po1t om
by what authority the House could punish for confcmnt
committed in its face he had referred that -
1lrst article of the constitution and the twclGb r r |
House, founded upon it, and pointing out the manner or
eAercse. Inc case oil Anderson distinguished from
fhara
and battery in that; attempt at bnberyan
to poison the Legislation of the House at its very source
gravaed nature. "a
Mr. Drayon resumed HI had understood the gentle
man from Tennessee, (Mr Polk0 10 admit that the House
nad the power TO punish those who disturbed or mDeded
Its proceedings. This is the right which the people main
rally have TO protect themselves. He asked the exercise
OF the right was not requisite disturbance or
impeachment out of the House in it, Of course il was
as there difference between violence offered for
words spoken there i'm debate whether the ,oIcnco o
offered In it, orout OF it, lie continued bv stating that he
was no advocate for the invioabty of representative of
the people, except in his representative capacty and after
some further remarks, he said that so far as the pocr n
punish contempt was concerned, the House, wthou, it,
could scarcely be considered possessing the power OF
existing; Tor, il such ourages permitted TO pass win
imPuny Congress could be nsuted, coerced into the
aoopuoh OF the most coup wanton, and destructive mea
sures.
Secondly he would speak few words as TO the exercise
oil that power IL was general rule that they had the
power to punish for contempt, but, like all other general
rules, il was liable exception while the power evscJ
es IN which they might step of Their
Character He proceeded to comment on the distinction
arising from this, and TO refer the nature of the estmo
ny winch was necessary for the purpose of the proper
suDstantaon OF the facts which formed the ground of the
complaint That testimony ought conform to the mar
hcuIar testimony which would be required in the courts
Mr. Vance here said, that with view of olvi1ino am,
dlihculty which might arise from the complaint of his
colleague not being made OATH he had procured pro-
per verliication OF the in the letter He b
mted the following affidavit which was received bv rem
era consents: o.
DIsr "a
County Of H Wassinsto,n. to wit:
On this 18th day of April 1892 William Stanberry per-
sonaiy appeared before the subscriber Justice of the
peace in and for the said county and made oath in due form
oil law, to the truth of the facts stated i'm the lorecon let
ter addressed to the Speaker Of the House of Repren
tatves OF the u. S. d. A. HAIL p
Mr.. Drayton said, he willingly assentcd TO the recep
uon oil the affidavit Its presentation rendered the re.
marks which he had been about to make Unnecessary
lie referred to the practice in the British House of Peers
OF taking the word of honor of its member instead of their
T1ths and observed that whatever might be the propretv
oil such practice in country where there was distinc-
ton Of ranks yet he to the introduction of
custom here by which any difference should be made be-
tween any one citizen and another. In this happy land
all are on an equality and without any disrespect to the
gentleman from Ohio, any other member of that House
ne wished to see that equality preserved he believed
ever would be, IN the mode and of presenting
nnd receiving testimony. lie concluded by repeating his
satsiacuon that the subject had been disposed of by
the previous question. -
Mr. Dickson called for the reading of tbe proceednos
oil the House in the Of Randall which wore accor