Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1838-05-23


son can discover. IN The whole course of Mr.
CilIey. no oI7ense howard those who pursu-
ed him. except that given by abiding to
the records OF Congress. in the faithful and
upright discharge Of his duty as a member,
which. Justly, could have given no offense
At ell. Nor can his death be vindicaied or
excused BY any Circumstance whatsoever,
not even by that custom. the relic of unen-
lightened and barbarous ages, whichwas
formerly supposed 10 be proof Of some
degree Of physical courage, but is. in fact.
signal monument ofthe want OF the high
er attribute ofmoral courage; which has.
in these modern times, degenerated into q
game ofchances, and scramble forundue
advantages; which can furnish no critic
rion for truth, justice or honor, and deals
out its infections Of misery mos, severely
upon the unofIending aud the helpless -.
which is deeplydeplored by all men. even
those who submit to il, and is forbidden, in
every stage of it, by all law, human and
divine. "T1 ru#ae.--.. .-.# :a
II is not necessary, on the present occa-
sion. to go into any consideration Of the
general power ofthe House TO punish for
breach of privilege; or TO inquire into the
origin and foundation of that power over
conlemp,s, which have been asserted by
the Parliament Of Great Britain, from time
immemorial: BY every Legislative body t:
by every judicial tribunal, from the highesl
to the lowest; and repeatedly, BY one or
the other House of Congress: and has
been recognized as existing in the House
of Representatives by the Supreme Court
Of the United States. Whether it be
power necessary to the continued existence
oftbe legislative body, or power neces-
saFy to the free exercise Of its Legislative
functions, il is in either case necessary
power, strictly granted py the constitution.
and as fully granted as If il 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 ex-
pei member for any cause which two
thirds Of the House may deem sufficient.
| Mr.. Wise was consulted by Mr.. Graves
upon the first letter of Mr. Cilley, and con-
Cured with him in his views Of it. He
bore the challenge to Mr.. Cilley, and he
acted throughout as the second ofthe chaI-
lenger. advising. and insisting that the fight
should go or, until Mr.. CiIIey fell. The
committee, therefore, deeming him deeply
involved. under the circumstances which
this case presents. in bfeseh of the privi-
leges Of the House. report resolution that
be deserves the decided censure Of the
House. and that he be censnred accord
ingly. o.. ......+. e. . .-.
/ Mr.. Jones had no knowledge Of the al
fair until the determination Of Mr.. CiIlev
had been formed as 20 the acceptance ofthe
challenge, and the time, mode, weapon. g.
other pFeliminaries Of the meeting. Bu'
be was the bearer Of the acceptance, and
acted throughout as the second ofthe chsl-
lenged party: and il is the opinion Of the
committee that he was thereby involved in
a breach of privilege. and that be be CEN
sured therefor.
/ In regard to the persons. not principal
nor seconds, who were present on the field
and expressed their opinions al the request
| of the parties, without having advised, in.
stigated or procured the meeting. howev.
er they might be implicated in the court:
OF law. the committee entertain doubts how
Car they could be involved in breach o
privilege: and, under a strong conviction
that the power of the House should be ex
ercised, never in u doubtful case, alway.
with moderation. they content themselve
with presenting the facts and circums,an
! GEE. so lar as those persons are concerned
J without proposing any action thereon.
The committee enler.ail no doubt ina
: James Watson Webb has been guilty of
: breach Of the privileges Of the House: bu
: they also concur unanimously in the opin
g ion, thai if there be any real ground to be
lieye that conspiracy to assassina,e actu
ally existed, as set forth in that atrociou
u paper drawn up By him. signed by DIME
o Jackson and William II. MoreII, swor
: TO BY the latter. and published in the Ne,
! York Courier and Enquirer, he be left I
! the chastisement Of the course Of law an
u Of public opinion, and that the II louise wi
consul; its own dignity and the public IL
= terest by bestowing upon him no fuuhe
e notice.
From the Emancinafof