The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-05-10
DEBATE ON THE DUEL REPORTS.
HOUSE OF REPRESENTATIVES,.
WEDNESDAY,, April IS, 1888.

the causes which led 10 the death Of the late MIR CHI
LEY TO print the report OF that committee and post
pone II I'LL next Monday week
MIR SLADE said he had no dspoSition,o precipi
tate himself into debate touching the question
growing out Of the late duel; and would, therefore,
gladly avoid entering into this preliminary discus
sion II he were not called on 10 give vosc which,
unexplained, would be peculiarly liable to misre-
presentation IL this were case IN which ne could
With propriey refrain from voting, he would do So
and not trouble the House with any remarks. Ba
his failing 70 vote would be miSconslrned in,oan I'M
willingness 20 NEE, Just responsibility 1ron cues
ton in,imately connected with one, on which the
public mind was deeply and justly excited. He was
unwilling 10 subject himself 10 TIE impniaiiun OF
shrinking Nom such a measure, aud equally unwh-
ling tia, The vote he TO give should 80 forth I'M
accompanied ey his own exposition Of the reasons on
which il would be founded
Mr. 5, said he was opposed both 70 the postpone
Tnent and printing Of the report, lie concatred IN
The suggestion saae by the gentleman nom MaSSs,-
eAasc,lS, MIR Adams,) and hopcd that, IN accord
aace with Il, the rport would be referred back 70
the comnu,ec with Instructions 10 eSpnage from il
the resolution recommended for adoption he The
House tagc,hey With the argamentatyc parts OF the
report and present the testimony taken by The COM
mttecc FOR The speedy action OF the House thereon,
lie was surprised 10 haa this proposition resisted,
and q hear Il Insisted that iaagmsnL frcmainrcly
pronounced hy committee OF the House, in a ease
ia which there was 10 BE- solemn trial nj us bar No
"a question Of high iadcsal oogniaance, should be
argument in is support For proposition carrying
"a It's face such plain violation al all the rules q
lssieia prceedlngS il seemed 10 him lis advocates
were hoaAd % give spseial reasons, such reasons
he had nol heard, They had been repeatedly asked,
eas ASKED in vain. Mos of,he responses which had
bten given 10 these requests might be summed up in
the sweeping, cvasiye allegation that those who OBJ
lecs % the Posipoacment and printing do i because
they wish 10 suppress inquiry and afraid 10 have
the facts brought TO the light and sent forth the
people. But, sir, (said Mr. S) lei those who make
this allegation tell US why the committee not
eoGtened with giving Us the testimony they had Ia
ken, and why they press the publication of the judy
E<pf Of The committee. and their argument in sup
pon OF il instead OF the naked facts which they have
found, and which nobody is DESTROYS 10 suppress
Untilthey do this must be permitted to believe in
deed am compelled 10 believe, that ep are afraid
10 LEI the facts go forth 10 the people unless accom-
panied BY labored argument, and premature SEN
fence upon the persons whom the testimony impli-
cafes.
But Mr.. Speaker, in the absence Of any serious
attempt 10 give reasons for poStpouing and printing
this report lei me be permitted show why the pro-
position TO do so ought 70 be rejected.
We ought not to accept and print this report, be-
cause we did not authorize the committee make IL
because il contains matter which it is not fitting that
this House should make the basis OF its action and
because il should not be permitted 10 go forth to the
country for the purpose of forming its Judgment np-
on the case 10 which it relates. All this, | think,
will appear from consideration of the resolution
law OF THIS
regulating proceedings before committees in such
cases and, above ALL from the law Of the case il
self; that Is the law resulting from the nature Of this
case, distinguished from of ordinary legs-
lation.
The committee were created by the following re-
solution:
=" Rcsolred, That committee, to consist Of seven
members, be appointed to investigate the causes
which led 10 the death Of the Hon. Jonathan Cley,
late member Of this House. and the circumstances
connected herewith; and further, 10 inquire whe-
Their, in the case alluded to, there has not been
breach ofthe privileges OF this House. and TO report
thereon TO this House"
This resolution presented 10 the committee three
points Of inquiry, namely The causes which led to
the death OF Mr. Cilley the circumstances connect
ed with il; and whether these causes and circum-
stances involved breach of the privileges of this
House. Now, sir what were the committee author
lied TO report under the authority 70 report there
on Z" Any thing they might choose to report? Ger
tainly not. The obvious import Of the authority 10
report thereon san authority 10 report the causes
and the circumstances" and whether these causes
and circumstances involved breach OF the privi-
eges Of this House. This construction is in accor-
dance both with the terms Of the resolution and the
obvious purpose of the House in adopting it. What
was that purpose A member of the House had
been reported TO have been killed in the neighbor-
hood of this city. The House deemed it proper to
institute an inquiry into the natter TO ascertain by
whom, and under what circumstances, and from
Wndt CAUSES, the ueEedstu Cduie W MS uEdtl nlS
inquiry it was convenient to make by committee Of
the House, who could proceed TO take testimony
without an interruption Of its ordinary proceedings,
and report 10 such facts as might enable it to de-
termne whether it was due to the vindicalion Of its
privileges take order for the trial Of any person
implicated by such examination. 1t was for this
House not its committee 10 try, convict and sentence
an implicated member
Such was the purpose of the resolution. And
what was the obvious duty of the committee in
l~oE1.s
them to inquire by whose hand the deceased had
fallen the circumstances attending his death, and
the causes in which il originated; and TO report the
facts TO the House And how were the facts TO be
reported Manfestly by reporting the testimony as
given by the Witnesses. Not summary of il not
gloss upon it, a statement made up of extracts
from it, Gall that the committee have fit TO
body in their report) but The testimony, the whole
testimony, and nothing but the testimony. This was
obviously the intention Of the House. And how
has ii been executed2 Why, sir, besides the tesi-
mony, as given by the Witnesses, we have summing
up of il by the committee interspersed with extracts
from the testimony, and thrown into an argumenta-
tive FORM to sustain the judgment which majority
of the committee took upon to pronounce
on the merits of the case, and which they closed by
recommendation that it be carried into execution
by the expulsion Of member OF this House. Could
any thing be further from Just compliance with
the intention Of the House than this? Why, sir, the
committee might as well have reported that men,
Der of this body had been duly elected TO his seat
here as under such resolution, adopted for such
purpose TO have reported that he should be expelled
from it. ,~
Such is the report we are called on to make the
basis Of our future action, and send forth TO the
world under cur sanction. Shall we do this trust
not
Thus far have considered the question simply
with reference to the resolution under which the
committee have acted; and endeavored to show that
neither its terms nor spirit, the obvious purpose
of the House in adopting it,justiy the report Of the
committee. .... ~. VI. .@..
| come now to the law of this House 10 which
have referred; a law which must govern not only