Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-05-07

cc, in the estimation Of many. and mpairing his in
hucncc and his usefulness as a member. II IS
still more aggravated breach Of the privileges OF the
House, and OF the RICH, OF the people III tho person
OF their representative, challenge member, and
10 slay him in combat FOR refusing 10 comply win
auy snch demand. Iii the highest offence which
can be committed against either House OF Compress
against the freedom Of speech and oil deoate mere
sransf the spirit and the substance ct mat con
s,i,uiionai provision, that for any speech or debate
in either House the members shall no, be question:
ed in any other place, and violates essen'aiis Inc
,isht of perfect immunity elsewhere Tor WORDS spo-
Ken in debate here, which is essential to the inde-
pcpdencc Of Congress- and TO the existence OF con-
s,ituiional liberty. And when this offence IS com
,nit,rd by member u calls for the exercise oil the
highest powers of the House to purge itself oil the
evil TO ma,niair eectuay Its rights aud p'wieges,
and 10 preserve invioiaie this immunity, winch IS
guaranteed by III. Constitution not Tor tue sake oil
IN. individual bu, for his constituents and Tor the
country.
The present case is wilhou, any Circumstance Of
extenua,on. A member OF the ilsuse, IN manner
most strictly parliamentary, on an occasion most
appropriatc. in language most decotous and mode
rate in defence Of the honor oil the House against an
ANONYMOUS aud unfonnded charge OF corruption
had alluded TO the published records OF former pro-
e.ediurs with perfect truth aud accuracy; had, IN
obedience TO his duty, declined hostile demand
for explanation IN manner IN winch TIE committee
can discover no Of offenee; had, respectfully
tn inteiro gate him further had dlscianed all dis
respect, directly or indirectly towards his antago-
mist and svowed Tor him the highest respect and the
kndesi feelings; and. ailei all this s'owed without
HOSTILITY and against the strongest proiestat'ons OF
Others he was required fatally. TO expose himself to
the third discharge Of atifle. Ga the other hand
Mr. Graves me niber ef the House. voluntarily and
unnecessarily became the bearer oi demand upon
another member in attendance. Tor explanation OF
words spoken IN debate he presented 1t m the
i
msnded a for the refusal. beyond the solun-
tary election Of that member ~ be drawn into no
difficulty upon tire subject: which being withheld,
be then challc nsed bun 10 this cry, and slew HIM ~
this vicinity, while Congress was IN session. Every
step Of Mr. Graves IN this progress, involved hun
deeper and deeper IN breach Of the privileges OF the
House until their destruction consunmatcd IN the
person Of Mr. Ciiley. The eye OF reason can dis
cover in the whole course Of Mr.. Ccy, odrnse
towards those who pursued him, except that gwen
ty aludiug 10 the records OF Congress III the Faith
tul and upright discharge of his duty as menu
Der. Justly, could have given offence at all. Nor
can his death be ,indit nted or excused by any CIR
cumstancc whatsoever, not even by that custom the
relic OF unrnliChicncd and barharous ages, which
was formerly supposed To be proof OF some degree
of physical courage, but Is, III tact, signal nonu
uIcni OF the want Of the higher attribute OF moral
courage which has in these modern tunes de
generated into game OF chances and a scramble Tor
undue advantages: VIII. h can furnish no criterion
for rulh Justice honor, and deals It's infections
Of misery most severely upon the unonending and
the helpless which is deeply dcplorcdby all men,
even those who submit II, and lorbiddcn IN eve
~ Stage OF II, v all law. human and divine.
Ii IS not necessary, on the present occasion, To 20
into any consideration OF the general power OF the
House TO punish for breach OF privilege; OTTO in
quire into the origin and foundation OF that power
over oontempts which has been asserted by the Par
ameut of Great Britain from time imme mofial. by
every legislative body, by every Judicial tribunal
from the highest to the lowest, and, repeatedly, by
the other Houses OF Congress. and has been
recognised rs existing IN the House OF Representa-
i,ves BY the Supreme Court Of tn. CDled States
Whether il he power necessary 10 the continued
existence of the legislative bedy, or power
sary TO the free exercise OF It's legislative functions,
i, in either necessary power strictly granted
by the Constitution, and fully granted as II 1t
literally expressed. But III the case OF members, the
Constitution has expressly granted the power TO pun
ish for disorderly conduct; and has, also expressly
Etantsd the puwef, with the concurrence of two
thirds to expel member Tor any which two
thirds Of the House may deem sufficient
The committee, therefore, viewing the breach Of
the rights and privileges OF the House, on the part
of Mr. Graves, to have been an offence oi this high
character against The vital principle OF delberaive
assembly aud of reptesenye Government, feel CON
strained. by sense OF duty. present 10 the House
arsolulion that he be expelled hereirom.
Ii has been decided by the House OF Representa-
privilege 10 send challenge 10 member III atten-
dance, or 10 be the bearer Of such challenge. And
It's equally act as second TO the challenger
In the present instance 1t appears that Mr. Wise had
no knowledge Of the demand Of explanation which
was borne by Mr.. Graves, and had that
paper until alter the fatal catastrophe. But having
been early consulted BY Mr.. Graves upon the first
letter Of Mr.. Ciey, and concuried with him IN his
views q IL, lie bore the challenge TO Mr.. Cllry,
and he acted throug hout the second OF the cha.
leDgcr, advising and insisting that the fight should 90
on, until Mr.. Cilley fell. The committee, therefore,
decming him deeply involved, under the crcum-
stances which this case presents in a breach OF The
privileges ofthe House. report a resolution that he
deserves the decided OF The House, and that
he be censured accordingly.
Mr. Jones had no knowledge Of the affair until as
To the acceptance Of tho challenge, and the time
the determination Of Mr.. Ciley had been formed
mode, weapon, and other preminarles OF the meet
rug. But he was the bearer OF the acceptance, and
acted throughout as the second Of the challenged
party aud is the opinion OF the committee that he
was thereby involved in a breach of privilege, and
that he be cepsured therefor
In regard to the persons, princi pal seconds
who were present on the field, and expressed then
opinions a, the request Of the parties, hou having
advised, insiigated, or procured the meeting, how
ever they might be implicated in the courts OF law,
the committee entertain doubts how far they would
be involved in breach OF privilege; and, under a
strong conviction that the power of the House.
should be exercised, never in a doubtful case, al
ways with moderation, they content themselves with
prese ntng the facts aud far those
persons are concerned, withou, proposing any action
thereon.
The committee entertain no doubt that James
Watson Webb has been guilty Of a breach OF the
priylep al the House hut they also oneuy n.