Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-04-27

on common sense required that The result sh"aia'e
placed on the documents Of the House
MIR Fillmore opposed the printing OF the report, U"
the ground. as be stated tia; il was composed oi a.
pg7fs testimony taken in tie absence OF the party ae'
cused and of the trial OF man for criminal offence,
without his having had an opportunity oil nearing a'
testimony. ,
The committee had tried and The persons sup
posed TO be implicated had been allowed 10 call WI
nesses and to examine and crossexamlne Them. NO
one had been tried.
a. the mind; of the trers might be preudicedby reading
the testimony Mr. S for having the witnesses ex
amined ut the bar of the House
Mr. Fairfield argued, that by the fair construction OF
the law laid down by Mr. Jefferson, taken IN conlunc'
ton with the resolution OF the House directing ms
cial examination, the committee had not ranscendeo
their powers Or if that law rIgldy binding the N
the resolution which in itself rule or order OF lAe
House. abroga,pd it so far as this particular case was
concerned He designated it ss ridiculous to contend.
that the rule referred 10 against the printing oil this
report.
Mr. Garland Of Louisiana referred 10 the resolution
by which the committee instituted and said II 'nli
mated no charge against any member OF the House.
The committee simply directed to inquire into the
causes Of the death Of member OF the House; and was
not even required 10 report upon That subject.
Mr.. Toucey said the gentleman was mstaken-'he
resolution put into the hands of the commitee required
the committee 10 investigate md report.
Mr.. Garland read from the printed journal 10 show,
that the resolution modified and finally pissed, did
not require the committee report, that clause having
been omitted.
Mr. Toucey explained, tina. the resolution given 10
the committee, did require report upon the subject 10
be investigated.
he took that to be the record of the House. He then
went on TO urge that the committee ought 10 have stop
ped the rule Of the Parliamentary law II menbt:
was charged with offence against the privileges Of
Tho CIR mt at n
and has right 10 be heard in his place at the bar Of
the House. This was the common ght OF the mPanes
criminal in courts Of justice; and also, 1t any ndiVdual
should commit breach of the privileges nt the House,
he has the right 10 be brought up ano hparo AT Tie
bar and he commended that the members Of the House
were entitled to The same right lie referred, for Illus
traon the practice of courts and grand Jufes, 10
keep the facts testimony of secret TO prevent
an improper influence the public mind; and argued
that in this case, the same course should be pursued
While he hoped strict investigation would be mad into
Tie entire merits of The whole case he was unwilling
that the testimony should be published 80 as 10 produce
influences preudical to an impartial spirit, and cacula
ed 10 prevent fair ard candid nveiligaon by the House
and the community -
Mr. Brrus insisted that the law laid down by MIR.
Jefferson was binding and imperative, and not rid.
den over as commended by Mr. Ftirhed, by the resou
ton of the House, directing the Investigation He was
clearly of the opinion that the committee had transcend
their powers and coming To that concius!on he couu
no, assent To the printing OF their 'eport
MIR. TurnPy replied 10 objection To the publication
that it would bias, the reputaOnso the individuals &C
cused by urging that the OF the report with
the vie " of saving their regulations would have much
more injurious effect He thong it better to let the
whole truth 90 to The public, and then just decision
would be n,he. He opposed 10 acting in relation
to the substance of the report ln action Of the COM
mitiee without having the report cad, and having the
arguments the committee may have to offer in support
of the course they had taken. Mr.T. went 10 argue
from various prInc pies Of law we'll as from the expe-
diency in this case, in favor Of printing The report and
replied 10 the suggestion that grand ures sworn To
keep their proceedings secret that ItappIeS only to ter
own Secrets and those Of the cItng attorney but
it was Of every days occurrence th grand jurors were
called into court testify TO what c'rtan witnesses had
sworn 10 before them He was in favor Of postponng
and printing.
Mr. Crshman regarded this Of the most import.
ant questions 10 which the alenlin OF the House Ind
long been drawn. and il theretae but proper that
every thing should be heard upon (which could be sug
ccs,ed when they went forth to !r country. Blu! the
question then before the House was whether the report
Of select committee appointed teE special purpose,
should be posi- poncd day certain md then taken in
10 cnnsds alton and in the meantime be printed. not.
That the only question then uiGer considerations
he understood
Mr. G. was in favor Of this mnion, and he should
agree with the gentleman from Virginia in the proprie
" Of the motion submitted by han, provided this was
such contemplated Under The law cited By
the gentleman. But the present Ind no analogy TO such
a case II the House should dIIectone n It's committees
or should raise select committee for the purpose OF in
curing into particular sub cct, such as the lnveslga
ftfa at a c8RThn, member Of the House was impcat
ed he coinc!drd with tie gentleman, that the monen
that fact disclosed, il became HE duty Of The
mtlee to report il ut 10 the House, in order that the
member might hr informed thereof, and have oppor
! tuniiy of defending himself. This. however, was no
such case because the terms Of The resolution direct
ed them the special duty. and the fact about which
they 10 inquire was notorious In conclusion Mr.
& asked how it possible, unless this report wal
printed 10 give these gentlemen lar, candid, and In
partial trial.
Mr.. Adams inquired of the Chair if a motion to re
commit the report with instructions 10 The committee Il
strike out the resolutions with which it closes, 10 strike
all the nrgumchtative part Of the report and to re
port only The facts 10 the House, would be in ORDER
The Chair said that motion would mol be in order til
the one pending was disposed OF.
Mr. Adams then said that only the privileges
of the members, but the privileges Of The whole House
and the privileges OF The constituents Of every member
saked the Of this case and far from post
ponng the subject for fortnight, he wished that The
House would take up other subject, until they hat
decided this He said he should yoIe against the
posiponrment, and wished 10 be considered in doing
as dividing the question: Should the motion TO past
p0nc be rcied, then the motion he intended 10 Offer
would be SIR ke out the resolutions and all the ergu
men,atlve parts, und 10 report the tacIs. II the iac
implicated any members Of the House, let them say
and then the members implicated would come properly
before the House, at present, he thought they were ex
ceedingy improperly before it, If members to bt
censured expelled, j, necessary to act with eau
ton; and il behooved the Hanse 10 protect itself from
violation Of its privileges and to bring members before
the House i'll regular and proper order.
Mr. A. thought the committee had entirely transcend
| ed its power He said nothing contained in the re
solution TO indicate that any member OF the House, Of
any other person. be tried by the committee:
he commended that the House had puwer 10 delegate
| anIh ito In linz
ii was the privilege of every member 10 be heard anc
tried by the House itself He also insisted a stric
construction of The rule in Jefersons Manual, neces
sary for the security of the rights of members and the
constituents. He cited authorities. and referred
10 the Of Hon. John Smith, in the Senate, during
the Administration Of MIR. jefferson in support Of the
ground he had taken He hoped there would be no de
lay in proceeding to examination Of The facts and j