Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-05-10
TWEyTY.FlETH CONGRESS.
SECOND SESSION.
TIE DUEL DEBATE.

this question is takcn have something to say TO my
Judges but will give way my friend. tMr. Graves)
II il is ms wish TO preccde me IN any remarks. t5
Sir, ! do not rise TO debate. ! wo,ld not trust
myself In enter into the discussion otapy OF the points
which have been under your consideration. Buf.
OF the parties implicated by The Ilrctende e-
pori of this committee, ! avail myself OF the earliest
moment proper, to make u solemn protest. h.ss
In the first place, sir, protest against any postpone
mentor day houi demand speedy tridi,in The
language Of the law, by the iudgmcn, OF my peers
and protest against any delay, under amy pretest
whatever. No, sir, that report shall not with my
consent, sleep in the public mind It's wicked purposes
OF mischief one moment longer than u fair, open,
aud thorough trial before this lIouse aud the coub-
Try can show lis par,iaiy and injustice. |, there
fore, demand aspeedy TRIAL by the judgment OF my
peers, and protest against one moments delay.
Another proposition is to print this report. It's
printed already How, OF Ivy what authority. |
know not and shal. not stop to inquire. twas, with
out precedent or authority, printed by the committee
ioi its usc, and. have doubt. with proper mo-
ti,es But how il became printed in the official or
gan, published in distant journals, and Gu
cuated sotar aud near, ! am veto be Informed.
But b, whomsoevcr done, aud by whatever anihor-
", | protest against the Hand pous or political.
which has done me the wrong and the INJUSTICE.
II. ms the venerable gentleman from Massachusetts
tMr Adams) suggested the House see III to pint it.
To stamp II with the seal Of their relrohaon, let Il
be printed But liby printing. you are to give your
sanction III my form, o. Ia any extent, protest a
tanned in the report because il the report be printed
must, IN Justice, print also the evidence aud the
journal o the committee, and the bane and aniidoc
will 20 forth together, mud be preserved together
for the eye OF posterity
But | protest NJ ains the pririing OF this report
because the judgment of the report is not the
judgment OF tins House neither indeed, can .
II be The toni datob 81 IT, III irtf, or the
foundation even Of criminal proceeding against nae
ior breach oi liz privileges. found my objection,
Ia, l,,,t.
the Constitution ,scl the paramount, law of tho
laud, which declares that ,ach House shall be the
judge Of its members ion breaches Of privilege.
Here Mr.. Wise called upon the Clerk 10 read
from the 9th section the lst article Of tie Con
stifuiion.
This power in each House cannot be delegated
| protest that YOU cannot take evidence in crIi-
nal ptoec cdIng against others, nnch less Try,
judge, aud sentence, by any lesser authority hi
bunal dian your mho!e House your whole body. /
oh Jet not 10 your hstcttauug the simple fact tlI
| am implicated, by A. committee. liIhe House
did MOI delegate the powc, winch this committee has
exercised, the committee has exceeded It's authority;
and tie House did. by re,outlon OF reference OF pc
uons either, delegate such powers US seven only oIny
Judges have claimed 10 exercise, the House itself
has exceeded its authority, delcgaung what it had
no power To delegate.
protest agans, the proceedings. and constitution.
and appointment, Of this Star Chnmber commit
tee:
tried, Judged, and condemned :; aud without notice
made ne awitness in my own case, AID caused ne
iguofanily 10 testify against myself.
odly. because he institution Of the committee
Inns made three, nj least il not four, ofmy judgesn
the House, winch ~ 10 Try me nRaib, prrJudiCeds
prosecutors instead of unbiased judges.
3dy. The judgment OF these ihree or four ofIlis
committee Of seven las deprived me Of all aJvan-
taer which and others implicated might have had,
in claiming before the whole House the lower grades
4 II ,,i Inn, #
dthly. Because the paper read al your table, pur-
porting 10 ba report of committee of seven, rs not
the report oi the cpmmiticc-havng been sanction
ed by but three o its members, and having been al
tered and changed since informally sanctioned
BY the fourth member, who Is now absent, and was
absent before the report submitted formally to
the committee, when The vote stood +" llicc and
three"
5hy, B,causc ihc journal Of the committee is inn
perfect, not showing the NEST important offs votes,
by which III fact this puiaiivc report was rejected.
6thly. Because lis statement Of the evidence is
partial unfair and unjust its judgment aud sentence
are not sustained by tho evidence admitted, and be-
cause, rs C journal shows on its face, part of tho
evidence WAS suppressed.
Lasys sir. protest against the whole proceed
ings a. far as they have gone, because this com
mittee have tried judged and sentenced me- all,
whether with or without n majority. The chairman
of the committee (Nlr Toucry) has denied, in the
face of The report itself, that the coinmiliee has
read passage OF tile report TO show that The ma
joriy attempted to state and up the evidence.
Thus they sum up the evidence Thus they COM
mcnt upon and magnify the eno,mity of the olence
Thus they leave the parties implicated without the
hope, too, OF mercy even! Is this not judge like!
1t IS judgment in substance and in form. Com
pare IL with the record of judgments in courts OF
common law, of DEGREES in chancery. After
hearing of the evidence, the exhibit of the pleading.
&c. The record saith. lhereupon the court doth
adJudge. So IN this report. after pretended sum
mary OF the evidence, the committee proceeds 10
Judgment, and after ptuation OF the magnitude
OF the crime il proceeds in the very form OF the TO-
rum 10 sentence:
The committee, therefore. yiowipg the breach
of the nights and privileges of the House, the part
of Mr. Graves, have been an offence Of this high
charac ter, against the vital principle OF adeberatve
assembly, and Of representative Governments feel con
strained by sense OF duty, TO present 10 the House
II resolution that he be expelled thcrcfrom"
Such Is lis judgment and sen ence against Mr..
Graves. Then comes my own judgement and SEN
tcuce and herein YOU will thar they have
dertaken for you to graduate the sentence and pun
ishmenr.
- 1t has been decided by the House Of Rerrcsen-
tatves former OCCASION tnat II was a breach of
privilege to send a challenge to member in at
tendance, OF To be the bearer of such challenge
And is equally TO act as second TO the challcn-
ger. In the present instance IT appears that Mr..
Wise had no knowledge of the demand Of exVlana-
ton which was borne By Mr. Graves and had never
seen that paper until after the fatal catasrophe.-
But having been early consulted by Mr. Graves, up
on the first letter of Mr.. Ciey, aud concurred with
him in his views oft. he bore The challenge to Mr..