Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-20

~"'N'S All oOuOt, anu reI der turtbCl arguncn
y" uiiS point chtITcly unnecessary In that instru
ieht is expressly declared that '1he right of IN,
Ppo 10 nS secure IN their persons, houses, &c.
S'ia" NOT DC violated; and i0dITGnts shall ISSUE
e. "i'"" W"o"6te cause supported by O"h or Gt
I|H""''o", NC. With this provision in the grea
ona',rr OF our rights, staring in the face sale
VT - connot, durc not, vote for the process.
now moved, unless affidavit, on which to Goune
H. had been furnished us
Mr. L, proceeded further 10 remark, that while
ne s'ohu vote for the issuing Of the warrant, he
S"'"'u express no opinion to ;hc merits of the
case, whether the accused should be punished
OF what the punishment should be, he would not
row inquire. lie had no idea of trying man be-
''ic hc had notice of the accusation, and an OPP
p"f'"hi'y was afforded him to defend himself. Mr.
i T.. particularly deprecated the Indulgence Of any
,Ge''hg' on this occasion, by the Members of this
i'ouSc' We arc called upon to exercise high and
oehcate duty. We are acting i'll judicial
capacity; and surely, if there be a station which
icciing should never reach, it is that of Judge.
Let us, then, enter upon this investigation calmly
ana diSpassionatcly; and decide as a just sense OF
what Is due to the dignity of the House, well
as TO The rights of the parties Immediately con-
cerncd may dictate
Mr. Il. said, the issuing of the warrant mo-
we'd Tor had been objected to because the very
arrest would be Il punishment, to which the party
accused ought not to be subjected before an imves.
ugaton is had. He could not yield to the force Of
,hlS objection Every individual in the comnuni-
| " Is liable TO he arrested, when legally charged
Ni' NlolItion OF the laws oil the land. Suppose
! tlat instead of prosecuting Gen, Houston for a
contempt OF this House, the gentleman from Ohio
hiu applied to magistrate of the District for n
warrant on Il ccargc of assault and battery
would there be any doubt as to the power to have
thc party arrested? Certainly not. WHY then
have we not the same right 10 order an arrest in
thc one case, that Il Justice of the peace would in
inc other 1t IL no greater punishment in being
arrested by our SERGEANT at Arms than by city
marshal or conSahlc Mr.. +. therefore hoped that
tnCrc would be q Farther In
OF The warrant; and suggested to the gentleman
rom North Carolina (Nr. SrEIGlIT) the propricty
| oil withdrawing his amendment, or of attaching il
to the original resolution that the warrant may
DC ordered and IA committee Immediately appointed
to proceed to the investigation OF the charge. Ii
| could not he expected that witnesses were TO be
examined, and all the facts connected with this
transaction were to be inquired into here. This
part of the investigation would be prosecuted with
more facility and with much greater dispatch by Il
committee; and when we have received their report
VIC shall be able, it may be hoped, TO make such a
decision as VIII do justice TO all parties, and such
as will guard the honor and dignity of the House
Mr. EVERETT, of Mass, did not rise to enter
into the discussions every thing which could be adj
vanccd, pertinent to the subject had been already
said; but there was opc thing i'll the speech of the
gentleman from ). Carolina, Mr.. DRAYroN,1 which
struck him as unp!casant and as every thing which
fell from that gentleman worthy the attention
OF the House, and was 10 receive IT, he Mr.
| Ed was induced to say few words the point
| W WHICH lie alluded. i he honorable gentleman
from :. Carolina had said, that he was glad the
motion for the previous question had not been sls-
timed; that, lift had been, he should have con- idcr
cd 1T 4 species oftrcason against the Constitution
Now he, (Mr. E) for one, had risen to sustain that
motion. Under what circumstances had it been
made? The gentleman from Tenn, Mr.. POLK |
had expressed his serious doubts of the power Of
that House TO attach the offender in this case and
that we must turn the Injured party over to
the Courts of the District to get redress The gem
tlcman from Virginia (Mr. DoDDHlDGn) advcrting
to this circumstance, and unwilling that discuss
ion should be continued which ineoved Il doubt as
to the power ofthe House to protect its members
from being wayaid or murdered, for dischnr1inU
their duty within those wal!S-had called for the
previous qucston-with the same feelings he (NIr
E.) had seconded that call. To entertain even n
doubt on such subject, was to strike blow the
freedom ofdcbatc. In saying this, he said too little
it was a blow at the life first, of the individual
and, secondly, at the life of that assembly. What
| NIGH: be done by an Individual, might be done by
| armed mobs. Suppose, then, that an armed mob,
instead OF assaultng an individual, should, way
lay 20 or 80 othcir members, would they turn them
over to the Courts othc District seek their redress
Tor assault and battery? The need but be stated
| to ensure its consideration. Why was their place
! OF assembling removed from Philadelphia? Was
it not that insult had been offered to one of
! their body? No personal violence was o.icred-no
one was kept at home--no encroachmcnt their
privileges or interruption of their business took
Place-but an insult was offered. They were told
| Ut thc Liihc lNiI lilS Ntalc would protect them
that It's Courts were open to thcm--and that it
would extend the shield of its whole authority over
| them. But they said No! we will 90 where we can
| establish jurisdiction of our own-wherc we can
protect ourselves without needing the aid of Con-
stables Shcriifs. 1t for this reason that C. o.
! vcrnmcnt fixed its seat the rock where it now
stands; and if ever the time shall come said Mr.
e., when an assault, committed on member for
words spoken in debate, is TO he turned over to the
Courts, the Constitution would 10 longer be worth
| living UNDER thew had better nj break mn and
! go home, return again into n state of nature
Mr.. WAYNE objected both TO the proposition of
the gentleman from North Carolina and the oriri
nal resolution. lie denied the power of the House
to arrest Immediately, unless for Il contempt com
mtted III its presence; the reason ofthc distinction
bctwlXt such case and one in which the contempi
was committed elsewhere, obvious; in one case
they had all the facts necessary to determine the
character of the offence before them; in the other
case inquiry necessary. Mr.. w. proce edcd TO
show the analogy of such procedure with the dis
tncton made III The practice of the Courts in cases
/ OF contempt committed III the actual presence of
.hc Court, and those committed out Of TIE verge
oil the Court. The mode ofprocccdng in the latter
case was, first to- issue rule HiSi, that the accused
might appear before the Court, and purge himself
OF the alleged contempt; it, however, he did not an
pears the ruc was made absolute. This distinct
ion might appear somewhat technical, but the rca
son OF the thing was this before proceeding to take
away the liberty of citizen, it was necessary TO pro-
coed with the greatest caution. Gentlemen in
| urging the immediate necessity of arrest seemed
to forget that the presiding officer of that assem-.
bly, having once issued warrant for arrest had no
discretionary power, under any circumstances to
relax the severity of the procedure. NJ W., after
some further remarks the nature of the offence.
concluded by stating, that it was his intention if
! The proposition of the gentleman from North Caro-
lima, (Nlr $rEIGUT) failed to propose one Of the
nature Inc had described.
| Mr.. BEARDSLLY, in an argument of consi-
7 "A rll pftl