Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-04-27
Twenty-second Congrcss.--sess. I
BREACH OF PRIVILEGE
EXTRACTS FROM DEBATES OF Ii. OF Il.
lIveJDesd0u 4nr;J
Mr Patton of VirCinia. moved ihc FOLLOWING resoluti

this House, the Reporters, who are admitted on the floor
oil this House, the Editors of Newspapers and all other
persons, ought and be required, refrain from printing
and publishing the testimony and proofs may be offer
cd on either side any statement of circumstances pur-
porting TO be the facts which establish the said alleged
breach OF privilege.
lie Observed in support of the resolution that It's pro-
prety was obvious that there could be need Of
gument in its behalf. He could conceive OF but OBJ
Jecon TO the adoption OF the resolution which that
the restraint IT proposed TO impose already existed with
out the necessity of any resolution declare it, This
might be tue but the restraint had been already fla
GRAVITY violated by the editor OF OF the papers publish
ed in this city, that there might be propriey that the
House should expressly declare its will upon the subject
His sole object in Offering that course might be
taken calculated TO prevent fair unbiased trial
Mr. Wayne Observed that the motives of the gentleman
IN offering TINS resolution were very good, that he did
not like to object TO it, odscuss it, lie would ask on
" one question Should the House pass the resolution
ana should be violated by any OF the printers, what
would be the consequence The House would again be
involved I'm trial for breach OF privilege. 1t seemed
therefore, to him, wiser course embroil the House
by anticipation but leave the the discretion of
the reporters and if they for the House then
10 take such order in the might under the crcum-
stances, appear proper.
Mr. Dickson said that there was one obvious objection
TO the resolution If he had heard il correcv Il was
worded as TO preclude the publication any the
proceedings of the House upon the approaching trial.
Mr. Patton said the gentleman mistaken. The
prohibition contained in the resolution expressly con-
fined 10 the time while the trial should be pending and in
progress?
Mr. Davis, Of Massachusetts, said that he desired TO
Puoic press OF the country you shall not publish what is
done in public here.
Mr. Patton expressed himself greatly surprised at such
an inquiry, and still more, at the quarter from which
came. What the House engaged in? Ii was about
to try individual for alleged breach own pri-
vieges 1t was about to act in judicial character, and
gentlemen justified the proceedings by analogy taken from
the judicial practices and powers Of Justice Yet
now, one oil those gentlemen who had been conspc
Gus in urging on the and who had manifested
great anxiety to protect the House in all privileges
rose in his place. and nquiredby whatauthorty the mem
bers oil that House could protect themselves during the
prosecution OF the pending trial, from being operated up
on by appeals directly TO the public passions and peiud
cesa power exercised by every criminal tribunal i'm the
land lie had briefly adverted, when offering the reso
luon To those considerations which had induced him TO
present to the House. AS the resolution seemed 10 be
objected to as unnecessary he would state hem order
to prove its necessity, somewhat more in detail
On the day before yesterday there had appeared i'm one
OF the papers published this city certain editorial para
graphs puPortng TO give statement of the facts OF the
alleged outrage and breach of privilege obviously and ON
the face OF them highly discolored exaggerated and
Gas Mr. r. was inlormed) which alleged by the par
y accused TO be grossly false, far they related to
him, IN almost all their essential particulars Mr. p did
not know and did not pretend say whether the state
nent was false not What the period of the prose-
cution at which such publication had been made? j
was when Samuel Houston was in custody of officer of
this House, when he disarmed and poweress for
defence against it-wheD he would have been putv of
new breach OF privilege if he dared TO publish anv state
ment OF the facts OF the arguments in his own ia
vor While he was in that predicament, before word of
testimony had been received either for against him. be-
fldl commenced, before he had
put to the bar, statement had gone forth, calculated TO
inane the public mind and the passions of society
as much any which he had seen. And if any in
Illumination oil the public mind might be expected TO
influence that body, it a publication calculated In
the calm and deliberate discharge OF their utv in
that House in the pending trial Nor that a-it was
not all On the very morning oil the publication the
paper and while the accused party stood in the attitude
Mr. p had described, subscription paper had been cir
cuiated thTo the Hall for the publication of num-
Der OF that very paper-no describing it containing that
article but as being paper containing the debates of The
House in Samuel loustons CASE and the letter of JUDGE
Brooke nrdge to Gen Jackson or Gen Jackso's Io,tr
TO him. The paper had been handed TO Mr. p for lin,
TO subscribe, but he declined it, although he did not then
know the character OF the editorial remarks now referred
to- lie remembered, in glancing his eye at the paper
alter reading the caption, 10 have observed that one Of
the subscriptions for 800 copies But he did moi par
ucniary notice. nor did he now remember, the name of
the gentleman so subscribing. He had not considered
the matter OF any importance; and after elaucin a the
paper, declined Here then, while the House Vas on
gagged in conducting trial for the breach of one of its
privileges, under the protection of another privilege nj
NE House, On the exercise of which many breaches
abuses and frauds had been committed as onv o,Ior IN
exisience-he meant the privilege OF frankng )-tesc
nanmatory publications, which calculated TO shake
the members from their pOsc while acting as the trie If
an accused man, were sent upon the wings of the wind o
all the remoest extremcs of this great empire
money and without price, and when the poison has done
lis work there II may be borne back us upon tbe blasts
oil public excitement and passion; which partial and *
aggeratcd statements as TO the facts Of credeN and i'm
ammaory appeals TO prejudice, calculated to raise
as not this an evil which it became the members of Thai
House Judges ot an important cause TO arrest and 10
prevent III Mr y. were as jealous with respect 10 the
privileges Of that House of its members and If
he as clear in its rights punish such acts ms cons
ued violations according TO the precedcnts OF the law of
privileges, thought Indispensable necessary 10 their
preservation and security in their deliberations as some
thought it, he should hold to be his duty 10 move impe
diaey prosecution for contempt of the House against
the Editor oil that paper Entertaining much doubt as TO
the extent Of their powers in such matters ne should not
propose any such measure; but he anxious that this
trial should be conducted all criminal trials ought to be
and that the tfiers of the should as far as possible
be shielded from the influence of any extraneous bias
tlIat might prevent fair and impartial trial.
He thought that all persons bound TO refrain from
publishing the testimony, commentaries upon it, long
as the trial should pending without any orerto chat c
feet, hut he wished the House. by adopting the solution
form TO such restriction II nothing him that The
adoption OF such resolution might involve the House in
the necessity Of Furnishing those who transgressed it-as
objected by the gentleman from Georgia, Mr. Wayne.
lis design however, and probable effect was to prevent
such necessity
MIR. Drayton said that he had heard with some sur
prise, te question Of the gentleman from Massachusetts,
as to the power Of the House TO adopt such resolution
10 him appeared that the only question was, whether
or not would be eXpcdeDt to do The power Of the
House was unqucstionable this subject as on any
which could before it, u was derived from the IL
terra scpa OF the constitution, which declared that each
House should direct the mode of its proceedings
Was not this question the mode Of proceeding /;
The House might keep any part OF IFS proceedings from
ue knowledge Of thu public for time, if they were Of
opinion that the urgency Of the required It, What
was required by the resolution Merely Of Justice
10 tic individual who 20 be arT1igned at the bar Of
House. Merely that the public mind should not be in
amed but that the accused should have fair candid and
impartial trial Mr. d. should regreif the House did not