Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-05-11

by every judicial tribunal, from the highest to inc low
est, and repeatedly, by one or the other Houses OF ION.
gross, and has been recognised as existing IN Inc HOUSE
of Representatives by the Supreme Court of the Unlied
States. Whether it be a power necessary 10 the CONT
nued existence Of the legislative body, cra power necessa'
~ 10 the free exercise of lis legislative functions, IL is IN
either case 4 necessary power, strictly granted oy me
Constitution, and as fully granted as i 1t were liiefa"y
expressed. But in cnse OF members, the Constitution
has expressly granted The power 10 punish for disorderiy
conduct; and has, also, expressly granted the power
with The concurrence Of iwo-thirds, 10 exre! n MEMBER
for any cause which two thirds Of tie House may Deem
sufficient.
The committee, therefore, viewing the breach OF Inc
rights and privileges of the House, on the part OF MI
Graves, to have been OIL offence of this high character,
against The vital principle of n deHberative assembly ana
Of representative Government, feel constrained, by a
sense of duty, to present TO the House q resolution that
he be expelled therefrom.
1t has been decided by the House Of Representatives,
on n former occasion, that il was n breach o. privilege
TO send a challenge to 4 member in attendance, or 10 be
the bearer of such challenge. And it is equally so TO
act as second TO the challenger. In the present instance
il appears that MIR. Wise had no knowledge Of the de-
mund of explanation which was borne by MIR Graves,
and had never seen that paper until after the fatal ca
tastrophe. But having been early consulted by MIR.
Graves upon the first letter of Mr.. Cillry, and concur
red with him in his views of it, he bore the challenge 10
Mr.. CIlley, and he acted Throughout as the second OF
the challenger, advising and insisting that the hght
should 90 on, until MIR. Cilley fell. The committee,
therefore, deeming him deeply involved, under the cir
cunslQnccs which this case presents, in a breach OF The
privileges of the House, report a resolution that he de-
serves the decided censure Of The House, and that he be
censUred accordingly.
Mr.. Jones had no knowledge Of The affair until the de.
termination of Mr.. Cilley had been formed as TO the nc.
ceptance Of The challenge, and the time, mode, weapon,
end other preliminaries of the meeting. But he was the
bearer Of the accc ptnnce, and acted throughout as the
second of line challenged party; and it is the opinion OF
The committee, that he was thereby involved in a breach
Of privilege, and that. he be censured therefor.
In regard 10 the persons, not principal nor seconds,
who were present on the field, and expressed their OPT
Mons at the request of the parties, without having adj
vised, instigated or procured The meeting, however, they
might he implicated in the courts of law, the committee
entertain doubts how far they would be involved in a
breach of privilege; and, under a strong conviction that
the power Of the House should be exercised, never in a
doubtful case, always with moderation, they content
themselves with presenting the facts and circumstances,
so far as those persons are concerned, without proposing
any action thereon.
The committee entertain no doubt that James Watson
Webb has been guilty OF n breach OF the privileges OF
The House; but they also concur unani "Iously IN The OPT
mon, that if there be any real ground to believe that a
conspiracy 10 assassinute actually existed, as sci forth IN
that atrocious paper drawn up By him, signed by Daniel
jackson and William II. Morell, sworn TO by The latter,
and published in The New York Courier IL Enquirer,
he be left TO the chastsement of the course ot law
and Of public opinion, and That the House will consult
lis own dignity aud the public interest by bestowlng up.
on him no further notice.