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

We applied to- to institute proceeding affecting
inc hoey oil citizen; let us see, them that IL is done
exact compliance with the forms aud principles of law
But, said Mr. f., reference the Constitution in re-
move all doubt and render further argument on this point
entirely unnecessary In that instrument il is
declared, that he right OF the people be secure in
persons houses, &C., shall be yolaed and no trar-
rams sham issue out upon probable supported by
oath or atrmation SC. With this provision ia the great
charter oi our rights staring in the face said MIR r.
cannot dore not, vote Tor the process moved un-
less an affidavit on which TO found it had been furnished
Mr. fur,hcr,o remark that while he should
vote Tor the issuing OF the warrant he should express no
opinion 10 the merits OF the Whether the
should be punished what the punishment should be- he
would not now inquire. He had o idea OF trying man
before ne had notice OF the accusation and opportunity
was afforded him TO defend himself Mr.. f. particularly
deprecated the indulgence OF feeling ON this
by the members OF this House. We are called upon TO
exercise high and delicate duty We are now acnp
in judi al capacity; and surely if there be station
which feeling should reach, il is that of iudge
Let us, then, enter upon this investigation calmly aud
dpassionaiely; and decide what is due TO
the dignity OF the House, well 10 the rights of tho
parues immediately concerned may dictate.
Mr. r. said, the issuing Of the warrant moved for had
oeeh objected 10 because the very arrest would he pun
shmen 10 which the party accused ought not TO be sub
Jecied before an investigation is had He could not yield
TO the orce OF this objection Every individual in the
community is liable TO be arrested when legally CHARGED
with violation OF the laws of the land Supuose tha,
instead oil prosecuting Gen. Houston for contempt of
inns House, the gentleman from Ohio had applied TO a ma
gsrate OF the District for on charge of am as
saut aud battery would there be any doubt as 10 the pow
| Certainly hy
have we not the same right TO order in the one
case that justice of the peace would in the oherl IL
Is no greater punishment in being arrested by our Ser
Arms than by city marshal constable Mr. f.
therefore hoped, that there would no farther opposition
TO the issuing OF the warrant and suggested To the
ueman from North Carolina (Nr. SpeghD the propricty
oil WITHDRAWING his amendment OF attaching il 10 the
original resolution, so that the may be ordered
ana committee immediately appointed proceed to the
investigation OF the charge. 1t could not be expected
mat witnesses were TO be examined, and all the facts
nected with this transaction be inquired into here
ms part oil the investigation would be prosecuted with
more iacllity and with much greater dispatch by COM
mitee; and when have received their report we shall
be able may be hoped, 10 make such decision as will
do justice 10 all parties and such as will uor the honor
and dignity of tire House.
Mr. Everett OF Mass did rise TO enter into the dis
eusSion; every thing which could be advanced pertinent
TO the subject had been already said but there was one
ming IN 'hc specchot the gentleman from South Carolina
(Mr. Drayton,) which struck him as unpeosan and os
every thing which fell from that gentleman was worthy
e attention oil the House, and sure 10 receive he
(Nr Ed was induced 10 say few words ON tho min, 10
wmcn he alluded. The honorable gentleman from South
Carolina had said that he was clad the motion for Tho
ous quesuoh mad not been suaned that if il had been
he should have considered species of treason against
the Constitution Now, he, (NIr E. for one had risen 10
sus'an mat motion Under what circumstances had il
been made! The gentleman from Tennessee mr. poll y
mad expressed his serious doubts of the power Of Thai
House TO attach the offender in this casc and that we must
uIh me injured party over TO the of the District TO
get redress. The gentleman from VIRGINIA mir Dod
dndge advertng TO this circumstance aud unwinq bt
discussion should be continued which involved iouL,
as TO the power of the House TO protect its members from
being waylad murdered, for discbareing the;
within those walls-had called for the previous question
with the same feelings he (Air Everett0 had second
ed that call To entertain even a doubt on such s,,L
jet, was TO strike blow at the freedom of debate
In saying ms he said too lle- blow at the life
rs OF inc ndivIdua and, secondly, at the life of Thai
assembly What might be done by an individual n,i@ht
be by armed mobs. Suppose, them that an armed
mob, instead oil assaultng individual should yavIav 90
or 80 oil their members would they them over 10 the
courts OF the District 10 seek their redress for osso d
bateryi The need but be stated TO cnsure IT,
as their MIA Of
from Philadelphia? Was not that am insult had becn
offered 10 one OF their body' No personal violence was
ohered-no one was kept at home-no encroachment on
her privileges orinerrupiOn Of their business took place
but an insult was offered They were told at The lime
G %S 1na RPfqiest exehd e he SHIELD Of
whole authority over them. But they said, Mo- we will
go where we can establish jurisdiction of our own
whore we can protect ourselves without needing he aid
OF constables sheris. 1t this reason that the
Government Xedits seat the rock where now stands
and II ever the time shall come, said Mr. E. when an as
sault, committed member for words spoken i'm debate
is 10 be turned the courts the Constitution would
no longer be worth living UNDER they had better at once
break up and go home, return into state of ma
turc.
Mr. Wayne objected both TO the proposition of the gen.
enan from North Carolina, and the original resolution
lie denied the power of the House immediately
unless for contempt committed i'm its presence the rea
son OF The distinction betwXt such case and one in
which the contempt was committed elsewhere was obv
ous in the one they had all the facts necessary 70
determine the character of the offence before them in
the other case, inquiry necessary Mr. nrocceod
lion made in the practice OF the courts i'm cases of con-
tempt committed IN the actual presence of the cour and
those committed out OF the verge of the court The mode
OF proceeding in the latter was first TO issue yJe
nlS that the accused might appear before the court and
purge himself OF the alleged contempt if, however he
did not appear the rule made absolute Tb distinc
ton might appear somewhat technical but the reason or
the thing was this before proceeding take awav the
liberty oil ciIen IL was necessary proceed with the
greatest caution Gentlemen in urging the immediate
necessity of arrest seemed forget that the nrcdin
ocer oil mat assembly having once issued his
arrest had no discretionary power any crcumstan
ces, TO relax the severely OF the procedure Mr. oc
ter some further remarks the of the offence con-
cluded by stating, that it his intention if the propos-
ton oil the gentleman from North Carolina Mr. Snei9btN
hed to propose one OF the nature he had described
MIR Beardslcy in argument of considerable length
took a general review OF the circumstances of The
case, and OF the power Of the House TO punish for
contempt The constitution exempted members from
arrest in cases OF treason felony, and breach of the
peace and 1t provided, alSo that they should not be
questioned for any thing they might say in debate But
he conceived that this did not apply violence committed
out OF the House; but that guaranteed to them freedom
OF speech which was not 10 be questioned by any proceed
ings in court OF law lie quoted the statute of the first
OF William and Mary, which provides that members of
Parliament shall not be responsible for the payment of
damages Tor any reelection which they may make in the
course oil debate, the character of individuals He pro
ceeded further to express his views as to the power of fine
House, and advered to the arguments of Mr. Davis of
Mass, on that subject.
Mr. Davis OF Massachusetts,, made few remarks in ex
Planaon The power 10 punish for contempt was essen
TALLY the power OF me House 10 preserve itself
Mr.. Bcardscy continued The power TO punisb for
contempt was not given in express terms but he admitted
that fpag I...