Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1838-05-29

Be- y 70 stit that TIE role ~ roesiion bss bren
~ir,p. ~ - gttiee 70 49,. csss BY the ~ecoi.uag Of ,
gssets' ~,utho'fy On the coe.mui,s io upun upon
,hs -e,a.ss" go the 'cifcvusisnce, shd ~hethef
thee he'd teen . b,esch - enoiege. THIS gen
eve as,benty. Il - pretended. .oPefscccs end srs-
rrads TIE eprrtuaa ofths tuls. Why. or. hsoeh
fe.ola,,ou frpesi. the role 10 qoestor. ~hst rec
slsiisu q inqsify would not 'spesl ~ Ese'y
sueh fc,olpiiun mes insolte . meB,bes - The House
and m.r therefore apcfste as 8 r. prsl e ne rule.
Bat. 80. - o meie ~hfe.tiug doSn and t~fsmplng
en- yoo' rvics 10 10 dignihed ny the name q . re-
peel of,hcmi 10 u 80 be tolerated tbsi 9 repeal
ofthe ls~s sdoFtcd ft The e~osrfumeni oi ms
Uou.e. and he protection u tbe minority tcHinst
the rsjouty. mar be strapped Yep with the iolds oi
q gsnotsl resolution which pufpofts no such repeal.
sf. &c ATE never .Efe. "a repeal 81 the lave -four
proceedings msy be thus sprung upon Us, from The
sufUl covert 81 some genetsl. ssccping power. con
tanned in a resolution. Our rnles are made 20 con.
troll our proceedings. aud 70, TO be controlled and
broken down by them. II they come 10 eonhioi'
toe latter must yield, OF We NIGH, rs well have no
rslcs.
And here permit me 10 rex @hy the committee
dd not follow The rules IA this csse, and make a
rperisl report 90 the House IN sncordhnee s'h -
Nothlng could have bten plsInet or easier than the
course which the role suggested. 1t was ouly for
the committee 10 bsye sbid-we hnd, 90 the exam
nation authorized BY the resolution under which
We we're appointed, that certain members Of the
Ioase are involved, and therefore report the fact
TO The House thst II may take s0ob order thereon
ssit may deem proper. 1t Is exceedingly TO be re-
GREETED that such q course was not taken by The
committee.
The elaborate snalysis Of the evidence and ar.
guncp, Of the case, presented in the report which
We are asked 10 send forth to the world under the
snrflan az a vote Ia rryu, md .Sbtsh rnusttIuics
In my Judgment, its mos, Objectionable features, lie
sough, 10 be Justified BY the authority gwen the
mint, TO inquire "wheiher there had not been
a breach Of the privileges of the House ~ THIS
inquiry, involving questions Of fact and of Law, II is
couiended, justified the in pronouneing
a solemn decision upon both. and in giving reasons
at length, for such decision.
Bot. Mr. Speaker, it seems 10 me that a consid-
Grafton Of the nature OF this proceeding TO which
! shall soou more particularly sdyett, and the obyi-
Gus design Of The House 10 authorizing an inquiry
by . committee. rendcrit apparent that the doty of
the committee, under this branch Of the resolution,
embraced no such range as that here contepdcd for.
Nothing can be more apparent, | think, than that
no such action oi the committee vas within the
contemplation Of the House. The ease presented
came within lite criminal Jurisdiction, and might
result 80 The arrsignmeui and trial of one or more
~ W. Wv hfbt Ntb 1hA ~ fhfN otNb ~
to outrage all the rules Of criminal proceedings, by
authorizing a committee 10 elaborate in the comm
itiee room, an argument on the inertia Of the case,
(as though on the trial cf the accused.9 to be
thrown into ih,s House IN pre-occupy The minds,
and brss the judgments. OF the members, md TO be
thrown before the country for popular effect : -
Surely moi. Nothing could be more absurd, Moth
ing more dangerous. nothing more subsersive Of all
the principles Of fairness and impsrtislity, which
have been cousecrated by universal usage in Grim
inal proceedings.
This was a committee of inquiry not OF trial
and lie duty wns obviously discharged by presen-
ting the testimony in the language Of the witness
es, together sith q genersl fading tina, there had
been a breach Of The privileges Of the House. No
purposes connected with a fair trial Of the accused
could have been answered by the ~enalysls and ar
gument contained in this report. Every Just pur-
pose Of the inquiry would have been answered by
the general finding for which | contend. Such a
finding should, from the nature Of the case, always
be Understood TO be the result Of first Impressions
merely, on an ex psrte examination, and shall new
er assume the form Of a solemn argument, and sd-
Iodlcaticn-s form entirely subversiyc Of the pur-
pose and design of such a proceeding. Its Impro-
pretty IL rendered the more apparent in the present
case. from tie consideration that the members OF
the committee are q part Of the tribunal before
whom the accused are finally to BE- tried and oueht
not, therefore. 60 commit themselves by 4 Iabored
trgumeut either of the facts or Law of The case
This consideration, It ~ now apparent, rendered II
improper 10 incorporate ~ the resolution, as was
done by an amendment, on authority 10 report
whether ikere bad been a breach Of the privileges
81 the Hou~e and II ,ine had been taken for re
Election, such authority, I am persuaded, would
no, have been given. The committee would have
been fnily justified in asking the House to discharge
them from thu par, Of the resolution while the
considerations which might have justified such a
reqoes, would, ! ,bink, plsinly have suggested to
them the propnety Of c%ontnng Ibe nseise to the
general hudlng which have suggested.
] am thas unable 10 perceive IN the last clauso
ofIbe resolution any Joe, ground for The proceed
ing Of the committee. which u has been brought
forward 10 Jusi,iy.
Bat al has been urged that, II tie resolution hy
which The COMMITTEES vas created DID not author.
iEe the report, authority has siuee been given. on
the roiefence TO the COMMITTEES Of petitions prayiug
for the erpElsion n The implicated membets-whteh
reference IL is maintained conferred on the commit.
tee suihofIty eqaiyalcnt To the SPECIAL Autbouty 10