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

would remain; he spoke of.mun, as he is, |
though clothed with the crminc of office, or exalted
by the dignity of staton-a creature fral both in
ms judgment and feelings; and subject to human
mrmitiCs and human paSsouS;-hc would suppose
that might occur. which the pa"cS of history
wo"li tell them had occurred, and which thcrE.
tore, might occur again; which had happened to
others, and might, therefore, happen TO us--hc
would suppose that some ambitious Individual
"i|hhE TO grasp more power than the constitution
3HGwcd hin, and To depart from that track which
III" pcen pursued since Inc first institution % our
government, should find it ncccssarv for the pur-
pose ct accomplishing his evil designs to still the
voice oil enquiry or complaint in that House, where
thc voice of the people ought TO Ec all-poont and
Whcrc, he hoped, it would never be suppress ed: hut
let the case be supposed that the Executive should
WiSh TO suppress Ii; and how could his design he
pcttcr accomplished thln By causing those who
were known To hc opposed to his ambil ious DESIGNS
to he waylaid in the streets and disabled from dis
charging their duties III that House, in defence of
the rights of their constituents, and the. liberty OF
! their country? DID Members come to that House
| armed with daggers ard pistols with band of
armed friends to protect them? No; they came
| there TO speak the Will and the wishes of their
tuents; 10 plead their and defend their
rights free y and ttasossly bat who would do So
ii they were 10 be exposed to the liability, after
leaving that House, of being assaod in The street
bv the rutiian's llu2gcon, and to be bc2; and hru
Sod, and disabled, rs their friend from Ohio had
been, and that for performing his duty in that
Hall, as the Representative of the People! l!suc
was to be the state of things, the situation of
! Representative would be lhtlc desirable. And
would not the course Of the Executive to the law
less ends of ambition, under such Il state, be plain
and o0syl He did not speak of the present Exc
cutlvc; he did not say that he had any to do
SO; hut Inc spoke of what might happen; and fer
| the prevention of which, the protective power of
that House It's Members, was the Surest tho
only cttcCtual safeguard. Gcutlomcn would rccul-
!cct that period had occurred in the history of oar
Government which had been termed the reign %:
whpn he pt,f,, ,,f l,l
been publicly insultcd. He hoped that reign Of
| terror was not again to occur, when 4 Member
not TO speak his sentiments in that House, but at
the hazard ofhcing attacked in the streets by strong
and armed men, and subjected TO Tie most brutal
| treatment
know not, Mr. Speaker, said Mr.. G.. but may
he the next victim of this bludgcon; for have
the individual for days walking round the House
with the weapon in his hands; but at the hazard of
the outragc-ayc, of life, if it must be, he
would speak his opinions in that Hall, that and
every other occasion. But if the voice of the poo
| pie was only to be spoken there at the hazard of
such treatment as the member from Ohio had re-
ccivcd, where would oar old Ncstors be found, the
/ loary men of wisdom and experience? The young,
'he vigorous, and athletic, might come there; but
those Ill whose breast the hand of aye had Impress
| cd design Tor tranquility those who though I'M
! fitted for physical contention, were the best to
guide and instruct the councils of our nation, what
was TO protect them from the assault OF the ruan,
| 1t that House should withdraw trom them lis pro-
rty IN their own States where the patriot might
| speak and speak without fear, would leave this
arena OF ten miles square, to the possession and
contest of DULLES and black guards.
1t was said, however, that the course proposed
/ by the resolution was unusual one, and tiat it
was not competent for that House to take the ac-
cuscd into their power, till he has been tried and
found guilty of the offence with which he is char
gcd. He should like to know how he was TO be
tried, if he not first arrested? Was it in
! tended that the Committee, if appointed, should
send their humble request to Samuel Houston, bcr-
gng him to condcSccnd for as TO come before
thcm, and submit himself and his case to their in
vcstIgation and judgment? If not So would that
Gc::,:"!ii"o have thG power TO compel him TO come
before them? Gentlemen had said that the char
ges were not proved He granted it. But was
not the statement of Member of that House
! equivalent to oath? He thought il was And
what the rule in all the States of the Union
III cases where party made oath TO an assault
and battery! Was not warrant granted on that
oath against the party accused? Yes. if the Pre-
sidcnt of the United States should Law even his
finger, in anger on the humblest citizen, a war
rant would, on the oath of the aggricvcd party be
granted against him, and he would be committed
to Il JAIL Such was the rule in the States; but
here, we were told, it would be Il monstrous in
fringcmcnt of the liberty of the citizen TO issue
/ warrant on the word of associate; though
such words had always in parliamentary proceed
ings been considered as tantamount to an OATH
/ The ground, then, laid for an arrest and de-
tcn!lon of the accused party, unless he gave good
security; Tor he had doubt if he offered such Sc
curity, although the matter had not, so far as he
knew been expressly provided for, that the House
would not be inclined to act towards him with the
mcrcllcss rigor he had shown towards one Of its
members
Gentlemen had asked, if any case was known IN
winch an individual had been arrested by the courts
for contempt. Those cases were very anomalous
but II the court had any apprehension that tho offend
ing party would escape, lie had no doubt they would
issue a warrant. But there reason to CON
sIdeT this of contempt. Let them call by
Whatever name they plcascd-cither contempt, or
an invasion of the privileges of the house, there
ought 10 he trial. and for that purpose The party
ought to be arrested on the warrant Of that House
1t was said, they ought not to arrest because they
had heard but one side of the question. The
same Objection might be urged i'll the commence
merit OF all criminal proceedings, and yet it did not
prevent the courts from issuing their warrants for
| the arrest OF the accused But il had been asked
ii 1t should turn out that this is false and ground
less accusation, how they should make rcparation
10 the lnSultcd feelings and injured honor of the
! party thus wrongtuly accused and arrested? lie
should say, precisely in the same way as in cases
! OF criminal proceedings, when individual is
wrongfully and wantoniy brought uPto answer a
groundcss charge i'll one of the criminal courts.
| But what, he would ask, would he the effect of
the amendment of the gentleman from North Car
DINA? 1t would rcndor nugatory the power of the
House to protect itself in its deliberations The
gentleman from Tennessee, mir. PoLK,) had ask
cd, whence this power of the House is derived?' 4
power which had been admitted to exist by every
Congress, and by all our statesmen, with the except
ION OF a very few instances, and where the object
ions made had been oyerrulcd by large major les.
That 1T does exist the gentleman from Tennessee
admits, i'll cases where, in the face of the House it.
self, its deliberations interrupted. He should
DC glad ii that gentleman would inform him from
what rule he conceived that power TO be derived.
Mr. POLK here referred TO tie first article Of
~ f'faf,gf tint lion,