Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-29

tulioua! mower Of Congress To pass such ia"-h,'
argued ,hat such power was ever vested w e''e
State or Federal Government; aud mat Inc ota'e 20
vernm.uts had no authority act upon the SUBJECT IN
ess il was conferred by The sovereign people me pro
hbilion to pass post taco laws was engralteo Oh w
Federal and State Constitutions II was, he ia'htaiheu
by lis literal aud proper signhca'n, conclusive ''''
bon 10 the exercise of snch power. lhat pfInciP'
,pplied rs well To civil criminal laws lie argued
SONG lenrh on this point showing that was never IN
tended by the trainers of the Constitution; and 1t VA
by the Staes opposed TO giving the po"
er TO over The subject that Congress shouid
ercse power to pass law subsequent 10
Ia niuriously operate that TRANSACTION The proPe
sgniica,ion of the term post tacto, when inserted
BY tile trainers of the Constitution, was that no Prov
SION should be embodied in law operating retrospect
iyely and affecting the rights OF persons nlurousiy
The Supreme Court OF the United States had, however
he said applied technical Specification TO the Term
and il was under tina, Interpretation that 1t was no"
cInimed that the power existed III Congress to pass
retrospectiye act He contended that the aw-maSine
power of the Government should not shape us acuoi
according 10 technical rules, erroneous constructions
of an instrument by tribunal which was irresponsible
to the sovereign will If such the case, that tr'bn
nal would become The supreme power, not only To ex
mound but to make the laws. The Legislative hranci
of the Government, lie argued should, as lie lonstu
ton was their only legitimate rule OF action, interpret
that instrument for themselves Give TO II literal ana
strict constructions regardless of the Interpretation oil
another tribunal # they did not they would become
subservient to that tribunal, and incalcuable evil 10
the country would he the consequence. He for one,
denied The right Of this judicial body to change, ny
construction of language, the manifest intentions oil
those who in Convention, framed the Constitution.
Mr.. HUNTINGTON followed, and said his COL
leapnes opinion that eighths Of the people OF
Connecticut were opposed to the law, was liounded
lie had no doubt his colleague thought his opinion was
cSrc.ct; but far the memorials from that State
we're manifestation Of the public viii, It went 10 es'
n, In hal, sd he n
o,e correct in prncipc-was Just 10 the unfortunate
debtor-was conservative Of the interests OF tie Gre
dt and he should vote for it, he had done before,
after an honest conviction of his judgment that 1t was
righ'.
Aaer the able speech of Mr. Berren, he said, he had
no dse 10 make any remarks the merits OF the BILL
but would be satisfied 10 vote against without further
debae as he believed were all those who opposed
TO III. repeal of the law
MI BENTON obtained the floor, and indicated a
wish speah; but, being late, was not desrous to
proceed then.
Mr. BAYARD also thought that it was but Just 10
those who were in favor Of The repeal that they should
have an opportunity afforded them 10 give 10 the ame
can people the grounds of their opposition to the law
On notion the Senate then adjourned.
HOUSE OF REPRESENTATIVES.
The House resumed the consideration OF The resou-
ton offered Yesterday by Mr. Marshall 10 censure Mr.
J. Q Adams, a member Of the House, for the lndignty
and insult offered to it in presenting petition from
certain citizens Of Ilaverl, Massachusetts, praying
70, the dissolution OF the Union
Mr.. WISE, who entitled to the floor, addressed
the House great length in continuation OF his speech
commenced yesterday, commenting with great severity
on the designs and Of the English Abolition
pary, of which he pointed to MIR. Adams as the head
and referring 10 the public course OF that gentleman
Himself furnishing evidence oil settled hostility 10
The integrity Of the Union.
Mr. ADAMS then raised the point OF order; which,
/, the request of the Speaker, he reduced to writing
ihut the House could not rghfuy entertain the resou
tion nasmuch it charged him with crimes OF which
the House had right 10 take cognzance such as sub
ornaton of perjury and high treason MIR. A. referred
to- and quoted support Of his objections 10 the uris
dicon Of the House, the 9th article Of the amendment
TO the Constitution, as follows:
CART. 6. In all criminal prosecutions the accused
shall enjoy the right speedy and public trial. by
IMPARTIAL Jury Of the State and district wherein the
crime shall have been committed, which district shall
have been previously ascertaned by law and 10 be m
formed of the nature and Of the accusaon TO be
confronted with the witness against him: TO have com
pusory process for obtaining witness in his favor ana
TO have the assistance Of counsel for his defence.
The SPEAKER having read the paper sent up by
Mr. A. informed him that this rather an address
to the Chair than point OF order that the STEAMER
had for the last three days uniformly stated that It was
not his province decide whether questions offered
questions of privilege, were not and as this resn-
luton had been offered privileged motion, the de-
cision Of the point raised by the gentleman mnst be
made by the House. Indeed the House had only day
two ago, upon appeal decided that questions OF
privilege reserved TO it alone.
MIR. ADAMS addressed the House at some length in
support of his objections to the jurisdiction OF the
House and nveighed against the Illegally and nJus
ce of the proceedings denying the right OF the House
TO try him for the crimes of high treason and subor
nation of perjury, charged against him in the
utons and contendng that he to be tried at ALL
il should he by impartial jury, and under due forms
Of law. He objected also that, If tried by the House,
shareholders would sit as his judges, and ne asserted
that they were not impartial and il they were in a
court Of Justice would be challenged jurors. After
complimen,ing Mr.. Marshall for his talents he nma-
ted that he had shown 50 little knowledge of law in
drawing up such resolution that he would advise hun
if he expected to figure il the world, TO go home and
enter upon a course of study in law school.
Mr.. MARSHALL, in reply, observed that, though
he might not be good lawyer the gentleman
from Massachusetts, yet, from what little he had learn
cd he could tell the gentleman that the rules of any
of Justice would have excluded this plea OF abatc.
ncnt TIE ground ofwant of Jursdiction after he
had plead 10 the merits of the case. lie would not,
however deal in technicalIties, but meet the gentle
man at once upon the facts. There two points 10
be considered in this deence-one matter OF law,
the other matter Of fact The gentleman assumed that
the resolution charged him with having committed
subornaton Of perjury and high treason, and that the
censuges of the House were invoked against hun for
those crimes very superficial examination OF the
resolution would show that he not charged with
high treason, nor with suborna,on of perjury, and
that he was put on trial for offence Of different ma
ture, viz: contempt for this House. Nh NJ here read
| from the resolution as follows
Rcsolred therefore,, That the Hon John Quincy AID
ans member from Massachusetts,, in presenting for the
consideration Of the House Of Representatives Of The
U. S, petition praying for dissolution OF the Union
has offered the deepest ndgn,y 10 the House OF which
he is member, insult TO the people ofthc u. States
Of which that House is the legislative organ, and will
if tins Outrage be permitted to pass unrcbnked and IN
punished, have dIsgraced his country, through ,heir
Representatives, in the eyes of the whole world.
Now, Sir, said Mr. NJ, the petition was not drawn
up by the gentleman and he is not charged with hav
ing drawn II.
Mr. ADAMS Why, then, do you punish me;
Mr. MARSHALL Because the gentleman,
member of this House. permitted himself 10 be used
vehicle by which petition, containing the PROPOSE.
ton set forth in the resolution, laid before IT. and
was therefore guilty Of contempt in becoming such
an instrument.
Mr. ADAMS. But the charge is involved