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


which could have other eec, than excite evil pas
sions aud feelings MIR, p said he would not stop 10 in
quire how far this might resemble former cases; he
would take the broad ground that in ought pc
remp,ory attachment going incarcera,e the BODY bc
issued by judicial tribunal for contempt unless COM
United in its presence.
In the present case the House assumed the
OF judicial tribunal, and ought, therefore, be govern
ed by the same rulesAr r. proceeded to argue that in
analogy to criminal proceedings, the House should in tn.
hr place. before proceeding oincarcerae by attachment
make rule the party calling on him To show
either that the facts charged untrue or that the
rouse mad no right TO institute the inquiry. IL had been
said that different necessary because the
party accused nigh, elue the hand of Justice by iyh
ne same might be said in every OF assault and bat,
crE' even ia cases where preSentnent made by q
grandJury IT was not thought necessary arrest except
In cases OF an diary character. Here they were
asked 10 leap over this precautionary STAGE
10 Judgment lie knew OF no analogy such mode oil
procedure, unless that ascrbed by the poet TO the
uiouna oil the internal regions where il was said the
Praeuce was 10 punish first aud try afterwards. Mr. p
concluded by repeating his wish that an investigation
should take place. His present impression was that il
this assault had been committed in consequence of words
spoken IN debate in that Hail. the necessity for the inves
hgaton was, not TO redress tie personal grievance of the
member from Ohio, for whom the courts were open but
10 Po'ec, ,he rights oil the people tlom lawless Invasion
either public or private
MIR. Burgess said he would deain the House but for
Few minutes lie implored gentlemen TO bear in mind
that this was question merely affecting the liberty o
speech in that House. but they should recoect also that
the safety and the dignity OF the people were in their
nahus' The dignity OF the country had been ins,cd in
ne outrage offered TO one OF the members of that House
the iacts were agreed upon all hands-,hcy were now
proven on oath, by the testimony as would
ehuue the hum6lest individual in the country if assaulted
oy the most exalted, TO warrant taking the latter before
pubic tribunal, To answer for the offence.
Mr proceeded torcview the foundation and the cx-
tent OF e power OF the House punish for contemp or
breach OF privilege; and said, that the American
would view with shame and indignation any indifference
wmoh 'he House might manifest in the course which
ey ougn 70 adopt with prompudc and effect on this oc-
cason what was the doctrine and the practice of the
U!l.h ouse oil Commons in relation to its privileges
what made every subject OF England glow with resent,
e', ana Indignation at an insult offered member of
that body 1t was because the lower House of Pora
ment was emphaticaly the embodied commons of Enc
au; ana an outrage upon il Justly considered via
iaon OF the most sacred public rights The only o;eston
now before the House was, whether possesc;ug ,hos.
rights which had been fully demonstrated and So nbi
Vihdlcated by gentlemen who had before addressed
whether he said, they prepared TO exercse tho,
by Pnnshng the offender, 10 prevent the commission Of
J ae T,.ence IN 'he 'nture Would the House sit bv
anu 'amey permit arufan, in the darkness of the npb,
not only TO niiic an ndign;v one of the
OF Tue people but commit such brute violence also as
deprived MN oil The power OF rendering those public se
vices Tor the discharge of which he had been con,
mere ny iory thousand free citizens OF the United Sato
'ey ma he could assure them that the American peo
Pc' JUST rcqultal OF such lame and degrading frhcor
ance, would hiss them scorn But LET iustce bo J
~ Tue case as me law requires They had been told Inv
we IRON Virginia. Mr. Patton that they ought
'o 'G' upon tlS matter with passions; they ought NOT
TO lash themselves into state of excitement i, ro, w
IT, ne gentleman had further contended that il was
contrary 10 law to punish Tor contempt until rue had
been served on the party, calling on him TO show go,
why an attachment should not be issued against him, U
~ III rtP'y 10 ms would suppose case at the We
ry contemplation OF the possibility of which thoro ,o
not one who heard him, whose heart would not tlrilI
horror suppose said he that the Supreme Cont so,j
through their venerable Chief Justice pronounce ;I
eht' or me dehvery OF which, that exalted and yener5
tcdparot should be waylayed by the person noain 49,
INC Judgment mad been pronounced! Suppose said Mr.
d. uat venerable man should be-but no no coud moi
pronounce even the terms-he would saw sunnnso h
shoud ne treated as the gentleman from Ohio hal
would the other judges of that august court , -, IL
hpU Sbo
" 10 show cause! For disrespectful or contennr,om
WORDS perhaps, rule 10 show cause might be tbonGb
sumcleh but Tor an outrageous assault and ba,tor -
very uiLereht course indeed ought TO be taken WIN
should they not proceed in ordinary case Of bi G
before justice Of the peace in rapid and riobt
Mr. b' argued in continuation that justice TO the Offend
ing party required that he should be present at the nves
ugaon OF the matter-that the parties should no conc,
edthat no trial of ought be had in his absense U
MT d., would never forget the rights of fellow citizen
though that fellow citizen had OUTRAGED The rh, W ~
cl!ow-lcgisator and friend. He conended that tho onI,
process, where breach of the peace had been committed
was cdp'dS In the present instance The party mgbt
perhaps, await their action ieven though warron, soJ
not now issue against him. but that was not the case all
ways rullan may flee from the Justice which his nj
FENCES had called down upon his head and should il he
he duty oil the House 10 send summons ia tell hin, IN
hide himself? He went by observing that The harT
snip OF ncarcerating man before trial had been de-
scahed upon; but he asked them, if every member that
body was not table, if absent at call of the House ,h
taken INTO custody by the Sergeant at Arms? II was the
aoment OF every man in this free land however hob or
Sd'iOh 10 be subject 10 The
IN tue power oil the law, whenever charges of breach of
inc pubic peace preferred against them was NOT
then hardship on this individual it was mart oC tho
common tribute, which all called upon TO nav n, tho
majesty OF justice and the{aws Alter brief rec5pi,uIa
on OF the principal arguments in favor of the resolution Of
Mr.. Vance, he concluded. "
Mr. Davis thought the question: one of no ordinary mo-
men lie was susprsed hear that any member should
doubt the power of the House vested i'm them nv tho
Shtuon TO punish for contempt What were the facts of
me case member OF that body had informed them that
he had been wayad, by rulan in the streets Of t
ana shocked down by budgcOn. And what further was
aueu 10 S statement IL that the statement ccciv
ca was IN consequence of words uttered ON that floor
NOW, "hat sand tie constitution? The fathers of that
constitutions oreSeeing that members of that House olJ
require protection from individuals OF the class of the
no" accused provided that they should not even be
oned elsewhere, for what they spoke in that House was
less infringement of the rules than ouestiou;n 10
knock member down, for words spoken there and dsa
Die MN from dischargng his duties on that floor Rut il
was sdu mat the courts OF law furnished remedv A re
nedy Ior what For the personal injury sustained for
he preach oil ne peace but did they furnish remedy
lo lhe dow lncied on the freedom of debate on hs bo
dy ana through them the rights of the people of tb
country III was an attack Of the most gross and daring
characters but the injury inflicted on fbe coun,r, y, %
another; and was the latter injury thew wore caed n
tofePar Inc only question: was had the crime been nor
peirated, and was il done for words uttered in m Uon
these points were established the evident obec NJ Tic
oeder was 10 lnindate one OF that body in The ercsc
OF ms powers as representative OF the peopIe VIVA,
NC "ouu ASK was Government good for if its Legislators
were 10 ne controlled, IFS laws made by armed ransi
elr sTeets' lie would ask gentlemen who had been en-
earnest IN their appeal for the rights of citizen whether
the violation OF the laws Of the right of debate and n
pi fIa