The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-05-09

ment of the want of the higher attribute oi
moral courage which has, in these mod
ern times, degenerated into game of chan
ccs, and scramble for undue advantages /;
which can furnish no criterion for truth,
Justice or honor, and deals OUT its infections
of misery most severely upon the unoffend-
ing and tho helpless; which is deeply de-
plored by all men, even those who submit
to it, and is forbidden in every stage of it,
by all law, human and divine.
II is not necessary, on the preseut occa-
sion, to 90 into any consideration of the
breach of privilege or to inquire into the
origin and foundation Of that power over
contempts, which has been asserted by the
Parliament of Great Britain, from time i'm
memorial, by every legislative body, by ev-
cry judicial tribunal from the highest to the
lowest. and repeatedly, by one or the other
House of Congress, and has been recogniz-
ed as existing in the House of Representa-
tives by the supreme Court of the U. States.
Whether it be a power necessary to the
continued existence of the legislative body,
or a power necessary to the free exercise Of
its legislative functions, it is in either case
a necessary power, strictly granted by the
constitution, and as fully granted as it were
literally expressed. But in the case Of
members, the constitution has expressly
granted the power to punish for disorderly
conduct; and has, also, expressly granted
the power, with the concurrence of two
thirds, to expel IA member for any cause
which two-thirds Of the House may deem
sufficient.
The committee, therefore, viewing the
breach of the rights and privileges of the
House, on the part of Mr.. Graves, to have
been an offence of this high character a
gainst the vital principle of deliberative
assembly and of representative government,
feel constrained, by ii sense of duty, to pre-
sent to the House a resolution that he be
expelled thereirom.
1t has been decided by the House Of Rep
resentatives, on former occasion, that it
was breach of privilege to send chal-
lenge to a member in attendance, or to be
the bearer Of such challenge. And 1t is c.
qually so to act as second to the challenger.
In the present instance it appears that Mr..
Wise had no knowledge of the demand of
explanation which was borne BY Mr.. Graves,
and had never seen that paper until nfter
the fatal catastrophe. But having been
first letter of Mr. CiIley, and concurred with
him in his views of it., he bore the challenge
to MIR. Cilley, and he acted throughout as
the second of the challenger, advising and
Insisting that the fight should go on, until
Mr. Cilley fell. The committee, therefore,
deemiHg him deeply involved, under the
circumstances which this case presents, in
a breach of the privileges of the House, re-
port resolution that he deserves the deci-
dcd censure of the House, and that he be
censured accordingly.
MIR. Jones had no knowledge of the af-
fair until the determination of Mr.. Cilley
had been formed as to the acceptance of the
challenge, and the time, mode, weapon, and
other prsliminaries Of the meeting. But he
was the bearer of the acceptance, and acted
throughout as the second Of the challenged
party; and it is the opinion of the commit
tee that he was thereby involved in a breach
of privilege, and that he be censured there |
for.
In regard to the persons, not principal
nor seconds, who were present on the field,
and expressed their opinions at the request
OF the parties, without having advised, in
stIgated or procured the meeting, however
they might be implicated in the courts of
law, the committee entertain doubts how
far they would be involved in a breach of
privilege; and, under strong conviction
that the power Of the House should be ex.
ercised never in doubtful case, always
with moderation, they content themselves
with presenting the facts and circumstances,
so far as those persons are concerned, with
out proposing any action thereon.
The committee entertain no doubt that
James Watson Webb has been guilty of a
breach of the privileges of the House but
they also concur unanimously in the opin-
ion, that if there be any real ground to be-
lieve that conspiracy to assasinate actu-
ally existed, as set forth in that attrocious
Puper drawn up by him, signed by Daniel
Jackson and William II. Morrell, sworn to
BY the latter and published iu the N. York
Courier and Enquirer, he be left to the
of the courts of law and Of
public opinion, and that the House will
its own dignity and the public inter-
est by bestowiug upon him no further no
tice.