The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-05-19

Mr. HUNTER replied that the authority was, that TO
cases Of eason felony and breach Of the peace pr-
vilege did not extend to substance; yet in such
cases, il extended 10 The mode Of proceeding" And
he cited many TO show what would be the mode
of proceeding. He cited the case of Lovelace IN
Haisell, for duelling, where duel was fought. The
King informed the House that its member, Love
lace was restrained for dueng. The House thanked
the King for his attention 10 their privileges and sent
heir sergeant alarms for its member In case OF
felony actually committed, the member must be nist
arrested, and then The must be laid before the
House The House examines the privilege pertain
ing to the case and returns the member 10 the Juiis
diction of the courts of law or not according TO It's
Judgment and the House is security sufhcent ior the
preservation of the peace, aga INST escape unl lrai
and conviction in the courts This practce had peeh
pursued as late even as the Wellesley in 1881
These cases even Of felony and treason committed,
were cited TO show that when neitaer was charged as
actually committed there could be no arrest or hold
ing bail to prepent breach OF the peace lie ar
gued length TO show the necessity of maintaining
these settled principles OF privilege The Executive
might make the Legislature what il pleased. lie cited
tho New Jersey case where there was tie on rev.
olutionary question OF organizing the House OF Rep
resentatives. One TO decide the complexion
of the House and its measures for two years, and a
whole Congress. Ii any man might arrest member
suspicion, the suspicion of despo.m NIGH destroy
the right n representation. Il was against the demo
cratic feature of the Constitution to coatend against
this popular privilege, 10 be present aud to SIT and
speak and in Congress TIN ough the Representa-
live. 1t was not Mr.. Wise's case, but his constltu-
enls privilege, which he could not, II he would,
waive. To argue against this popular privilege OF
represe taon was 10 argue against the Constitution
itself
The argument here ended on this branch OF the
case and the Judge proceeded TO decide that he could
not sustain the doctrine laid down IN Jeiersons Man
ua that in of felony or actual breach
Of the peace the courts in this country must defer 10
p,,'i.s. the two Houses OF Congress, and not
hold the party accused ~ ball. and proceed 10 Try and
punish in its own form of preceding. The conse-
quence would be, that In cases even where bail was
not demandable the member accused might escape
before the House should take order for his custody
In of treason, felony and actual breach of the
peace he decided that the courts had jurisdiction over
members OF Congress over other persons. lie
would therefore, examine the witnesses in this case,
to see whether there was any overt attempt TO fight
duel by the parties or to commit a felony, which
would be itself actual breach of the peace
Messrs. GooDE and HUNTER then reminded his
Honor that there other exceptions to the for
mality and suiiciency of the warrant. He informed
counsel that upon habeas corpus here the was
to 90 behind the warrant and whether there was
good ground for arrest and bail and whether the
rant was good or not. II bad another would be is
sued immediately
The other exceptions then withdrawn.
The witnesses were then called for examination.
The District Attorney first called to the stand
FRANcIs 8. KEY, Esq-He said that he was the
personiwho gave information to Judge Thurston. lie
had heard from various sources accounts of what had
passed at the racefed between Mr. Wise and Mr.
Stany. lie went before Judge Thurston and made
oath that he credibly informed and verify be-
leved, and he then was credlbly informed and verify
believed that duel was about to be fought between
these parties lie had been confirmed in this belief
by v hat he had heard during Mr. Wise's examination
before Justice Morsell. Mr.. Fenda had asked Mr..
Wise whether the account given of the ne between
him and MIR Stany in the Madisonian was moi cor,
rect, and Mr.. Wise admitted that il correct far
it went, but it was not full That il was part OF
Colonel Starkcs statement of the affair but not ali
of 1t. II was therein said that upon Col. Sarke'
riding up to the parties and saying" this is not the
place, gentlemen, to settle this affair" Mr. Stanly
said very well" he took this to that the
parties intended settle the affair in another manner
at another time and place, such every body under
stood.
Mr.. FENpALL then said that he had Col Starke's
statement written by himself but before he in
troduced it, would ask permission to state how he
came in possession of it, When Mr. Wise was IA
ken before Justice Morsell he demanded to know who
was the intormer in the case, and upon whose oath
the warrant was issued He gave Mr.. Wise list of
the witnesses names who were proposed by him to
be examined Among the rest was that Of Col
Starke. Mr.. Wise said that Col Starke could not
have informed, because he was gone from the city ON
his way to Mississippi before the warrant was issued
He replied to Mr. Wise that his statement he was
told was in the Madisonian and he took that paper
from his pocket to read, and asked Mr. Wise whether
that was not substantially Colonel Starke's state
ment' Mr.. Wise replied it was as far as it went,
but it was not a-there were words in Col Starkes
statement which left in doubt what MIR. Fendal
seemed to take for certain He then asked Mr. Wise
where Col Starkes statement was Mr. Wise said that
he had made his statement verbally to many gentlemen
before he left and had furnished both parties himself
and Mr. Stanly or some friend Of his (Mr. Mangum j
with his statement in writing That he Mr. FendalD
was about to cause Mr. Mangum to be summoned to
produce it, when Mr. Wise told him he need not put
Mr.. Mangum to that inconvenience, for that he (Nr
Wise) would furnish it to him, and to-day he had
furnished it, though he had summoned Mr. NIangum
also. He then read Colonel Starkes statement. in
the following words and figures to wit:
GApsBr's HOTEL, Saturday night, May I, 1912
DEAR SIR: In reply to your interrogatories Of this
evening" can state that accompanied you on horse
back from the this evening about o'clock
You were few steps in advance of me- when saw
you and the Hon. Mr. Stanly, of the House of Re-
representatives., riding on nearly opposite sides of the
road looking at each other, your horses in walk
This position was maintained for some seconds when
a carriage came up and passed between you after
the carriage passed on you resumed your former po-
sitions, and rode up and commenced conversation
with yoa on the subject of the race. MIR. Stanly not
keeping pace, we got in advance of him before pass
ing the outer gate After proceeding about 100 yards
from the gate MIR. Stanly rode rapidly up Just as we
were passing through mud hole; his horse brushed
against and your horse your left with such force
as to push your horse against mine and Jar YOU in
your seat, at the same time bespattering you with
mud and water. As soon as you recovered from the
ostle, and before he had proceeded twenty Yards,
you rode up to him his left in galop, and on com
ng up with him you struck him heavy blow direct
y across the back Of the head with black whale
zone walking cane which broke before the head and
he piece with the head flew off some distance. You
truck him but one blow, and remarked I" Now damn
lou, ride against me again. Mr. Stanly remarked, |
did not see you y and you replied, q Then ex-
use it. MIR. Stanly, after pause of few seconds
aid You come up behind man to strike him. ,,
four reply to this was, g There are gentlemen be-
ind here who see how this matter is done" or words
o that effect. He then said, Z" You came up behind
man and strike him like damned coward" You
eplied Take that blow and the coward and make
he most of them, damn you" Then rode up and
aid, Gentlemen the public road is place TO set