Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-02-22


The above question, then the Speaker shall
put the following:
"2. Do you know vino is alluded to- or in.
tended TO be charged, in the preceding letter?
Answer yea Or nay, rs the case may be,
without giving the name.
"ls the person thus alluded 10 member Of
the House Of Representatives
'lf the answer be in the affirmative, then,
4, what is the name Of the member?"
Were then carried By one vote, without q
division.
The witness was then placed at the bar OF
the House, and sworn by the Speaker. The
article in the Courier & Enquirer, containing =
The extract from the letter Of 1.-THE Spy in
Washington" containing the charge undor
consideration, was read to him, aud the Chair
Ipropounded to him the first Of the above in
terrogatorics. To which Mr.. Davis respond.
cd, that he was, then, arraigned at the bar of
the House without counsel; and he asked to
be permitted to state his own case. lie mos,
respectfully asked that honorable House to
permit him to say why, in his opinion, he
ought not to be required to answer that inter-
rogatory: and if permitted to do so, said he
would occupy but very few moments of the
tune Of the House.
The question, "Shal the witness have
leave to state his reasons for not answering
the first interrogatory ?" was carried (the
yeas and nays having been ordered) in the
afiirmative-Yeas l03, nays 30.
Mr.. Everett moved an adjournment of the
House. Lost.
The witness was then brought in, and the
Chair Informed him that the House had voted
to permit him to give his reasons why the
first intcrrogatory should not be answ cred.
MIR. Davis (the witness) returned his thanks
to that most respectable body for their cour
tesy in giving him that permission, and said
that, as the best evidence he could give them
of his sincerity, he would occupy but a very
few moments Of their time. He protested,
solemnly, against the power of the House of
Representatives to arraign him, partly as a
criminal, and partly in the attitude Of a wit.
ness, for the purpose Of eliminating himself
The letter in question was written, as it
shows upon its face, by one who was prepar-
ed, at proper time, to sustain its allegations
and the editor Of the paper in which it was
contained had accompanied its publication
with the assurance that the writer was forth
coming. While, then, a legal and proper
mode of obtaining this investigation was thus
plainly pointed out, he demanded why he was
to be brought 70 that bar, and to be thus in
terrogated? He would not consent, tamely,
thus to be arraigned and questioned. lie
would not set precedent to be placed upon
the Journals Of the House, which would
hereafter be used to sanction similar abuses
OF what he considered to be the rights of the
citizen, guaranteed to him by the Constitution
of his country; nor would he consent to 60
forth to the world, to be pointed at as the
poor trembling coward, who, knowing his
rights, did not dare, in such a situation as
that in which he was then placed, to maintain
them. He felt that he had rights, and knew
them to be constitutional. But, while he
protested in this manner against this arbitrary
and illegal action Of the House, he would not
have any gentleman within the sound of his
voice imagine that he was shrinking from re.
sponsibility. There was one way. he said,
to proceed in this matter, so as to elicit truth.
Since he had left the Hall he had prepared
such reply to the interrogatory that had
been propounded to him, as it was his inten.
tion to give, and he would send it in writing
to the table, and ask leave to have it entered
upon the Journal of the House.
1t was as follows
81 deny the right of the House to ask, and
therefore | decline to answer the question
whether am or am not the author Of the
Spy in Washington, or the extract from the
letter referred to in the interrogatory but,
at the same time, respectfully state that
know the member of Congress to whom the
Spy aludes, and am prepared to name him
at the bar Of this House or elsewhere"
The second interrogatory being PROFOUND
ed to the witness, viz.
~. Do you know who is alluded to. or in
tended to be charged, in the preceding letter?
He replied 81 do"
TO the third interrogatory, in these words:
sis the person thus alluded to member of
the House Of Representatives? ?"
He responded "No."
The Chair then informed the witness that,
by the order adopted by the House, he was
then discharged.
Whereupon the witness retired from the
bar Of the House. And the House, on mo-
ton, adjourned.
In the SENATE, Wednesday, Feb. IA, re-
solution was adopted lnstructing the commit
Tee on Finance to inquire into the cxpedicncy
OF admitting all rail road iron into the u. s.
free from duties when admitted for State pur-
poses. Mr.. Roane introduced resolution
calling on the Secretary Of the Treasury for
report with such detailed statements Of the
accounts of Collectors, Receivers, and Dis
bursers of the public money as would show
who of them had been dcfaulters, the amount
of defalcation, &c. Several reports, resolu-
tions and petitions were presented, when the
Sub Treasury Bill was again taken up, aud
Mr.. Smith of Conn. occupied the floor in ia
vor of the bill during the entire day until the
adjournment, in an argument intended TO
prove that the bill was for the benefit of the
people, and not for the Government. When
he had concluded, at half past a the Senate
adjourned.
In the HOUSE, the affair which had already
occupied the House during the two preced.
ing days, and which was thought to have