Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-27

imsticc. The most inno-
cent man might be dragged TO the bar, and if the House
had omitted to take such steps as were necessary TO pre-
vent publications like that which had been referred to-
would they not be Justly chargcabe with baynp been
auxiliary TO partial trial. and which no fouler stain could
appear upon their annals. There force in the
lecoon OF the gentleman from Georgia. r WayneJ that
the House, il 1t adopted this resolution might be compe-
ed 10 resort to Interior prosecutions
Mr. ID did not know that the House would be laid un-
der such necessiy but il the doing of that which the
incumbent duty OF the House, TO he prevented les, il
might lead TO other which would produce n
consumption time, then might almost every measure
that could be proposed be objected TO on the Same ground
Mr. d. thought the reverse of this much more lkely
Many OF those who ordinarily reported the proceedings
might suppose that there would be improperly in
publishing what took place the trial, and they might
proceed to report that they did the ordinary debates OF
me House But when they were informed, that the
House had prohibited such publications, they would,
matter oil course, refrain from them Under such cir
cumstanccs. Ignorance could not be pleaded. He hoped
therefore, that the resolution would be adopted If the
house neglected to adopt it, he should consider them
rccreant to their duty.
MIR. McDuilie much regretted that this very unmpor-
,ant question should have given rise proraced
bate The resolution did not involve the power of that
House The time when they should be called to act
would not be till some OF the printers had violated the
principles which had been referred to- He should regard
the resolution merely notice. and in its effect rather
favorable TO the printer than otherwise. As the power
OF that House TO punish concmpts committed in the pub
LEGATION OF its proceedings while acting as judicial tib
nal there could be doubt that the House possessed the
same power other judicial tribunals But of the expe-
dency OF exercising it, he should have much doubt lie
House Tor publishing its proceedings TO the world
Mr. Med. was sorry that the gentleman from Virginia
Mr Paon had thought proper TO introduce the resou-
on with such remarks as he had made To say the least
they were not calculated to concilate Mr.. Med did not
know any thing OF the publication TO which the gentle
thought must have been, before the House was sitting
as a judicial tribunal.
Mr. Patton, in reply, observed that the publication had
been made on the very day in which Mr. Houston had
been irs brought before the House As the motive of
e resolution the gentleman from South Carolina was
right lie had offered it as notice that the House had
gnt 10 punish those who should publish its proceedings
during the tendency of the trial The gentleman had
eproved him for the terms in which he had introduced
the resolution. Ii would be recollected that al the time
he had offered the resolutions he had not alluded to the
publication in terms that the offensive nor
should he have added any thing more, had he been
called upon by the enquiry OF the gentleman from Massa
chusetts, (Nlr. Davs) That gcntemans question had
rendered necessary for him 90 into some
on such publication as he wished to prevent from being
repeated.
Mr. Wayne said he had been the first to object TO the
resolution OF the gentleman from Virginia He was not
going TO discuss the question: Tor lie we'll knew that the
House was not now in situation listen to debate He
would offer but two remarks The first was that if that
House had the power punish printer for the publico
ton OF any oil its proceedings this resolution could not ex
tend that power If the House did not then no rcsolu.
ton could confer the power But in the second place he
utterly denied that the House did possess the poer IL
was not dervabIe from clause in the constitutions nor
from any authority which belonged TO courts of Justice
nor could 1t he based upon any analogy between that
House and the Parliament al Great Britain. Reporters
here not officers OF the House, the power of the
House 10 punish Tor publication confined 10 its own
officers unless il could be shown that the publication was
mischeyous and intended to excite the public mind The
analogy failed in another respect: when the publ
cation had been made with view stir up public feel
ing. 1t had been said that they were Jurors Thev
were not jurors, they were judges. Mr.. WIS course
he was very sure, would indicate that he was actuot-
ed by no vindicIve feelings towards the accusedhe op
posed the resolution OH such ground but because he
conended that far from operating as protection to
the party at the bar ii would rather be injurious TO him
that would be published by the reporters, would be
10 mt md Tho ,ftr
could result from these being given by the reporters while
the galleries were full OF persons, each of whom had
right TO write what letters he pleased and have them pu
iShcd elsewhere! The resolution would prevent the re-
porters from saying any thing about the proceedings i'm the
papers OF the city, but they had only change their no.
ston and walk into the gallery and give what account
they pleased in their private capacity. Mr.. w repeated
that the House had power 10 pass the resolution and
nc would oppose it, even il he should stand alone lie
moved TO lay the resolution the table, but withdrew his
motion at the request of
Mr.. Archer, who requested his colleague Mr. Patton
to withdraw the resolution lfany measure OF that kind
should become necessary during the trial would be time
enough TO adopt it then.
Mr.. Drayton observed that right of the citizen was
viewed with jealousy than that the freedom of the
press The freedom of the press and the freedom Of
speech were the two great buwarks of liberty If either
OF them were impaired the liberty of the country was
impaired in the proportion. Though he had no doubt
TO the power OF the House impose this restraint
yet right thing and the exercise of that right was
another lie should feel great reluctance in aai gnng
printer for publishing any correct Of their pro-
ceedings and ii was not eXpedent adopt resolution
IN ferOrem which afterwards TO be carried into
execution. Surprising the resolution to be violated the
House would he placed in very awkward dilemma
Very strong motives would urge them on the one hand TO
enforce the resolution, and motives strong the other
hand would call upon them TO orbear Believing that an
expression Of the opinion OF the House would have
stronger effect towards attaining the object desired than
positive prohibition he proposed amendment TO that
effect.
Mr.. Patton accepted the amendment as modification of
his resolutions but said that he had risen with the purpose
of Withdrawing his resolution in compliance with tbc
wishes of his friends. Before doing it, however, he would
odd few words nrcpy those who objected TO the re-
soution going TO infringe the liberty of the press IL
was true that the liberty Of the press sacred but was
not that sancty which the Constitution threw around the
liberty OF the press extended equally the liberty of the
citZem Yet, gentlemen who talked about the freedom of
tie press being invaded by this resolution seemed to have
no hesitao ion aboutnvadng The lbertyo the citizen The
House had thought proper pass resolution for the ar
rest OF the ndv idua accused. Mr. r. had the time he
Ieved the House weSe acting indsCrccy and improperly
lie had, on farther reflection however, been convinced
that he had been in part mistaken. He now admitted thai,
tie House bad power 10 arrest under the circumstances
though he could not still believe il tSave been necessary
10 no other extent the liberty Of the press invaded
than was necessary to Justice the accused Hav
ing, however, been requested by his friends and the
friends OF the object lie had in view to press the re-
solution he yielded to their wishes, aud consented to
withdraw the resolution.
Thursday, 4pri TO-
Mr. Sanbcrry having answered IN part as stated in the
Journal, the inteTogatory put to him by the Respondent
Counsel as there stated
Mr. Patton suggested that the witness ought not IL pro
coed any further. As lie denied all inentiou Of r,ring