The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-02-07

sent3 Not a whit. The whole would operate mere
Nv as measure of delay and of defeat When the
renort came in, the debate would at once be re-
newed, (Which happily seemed to be near
close aud perhaps with increased excitement Mr.
G. could nothing to be gained by such proceed
ing but on the contrary thought he could see that
by the very end desired might be jeoparded, IL mol
in the end defeated entirely.
As to the questions of privilege and the precedents
to which his colleagues resolution REFERRED Mr. ".
when the House adjourned was calling its attention,
and especially that OF the gentleman from Massac Gnu
sets himself to the report of select committee oil
the Senate of the United States in the celebrated case
of John Smith. He would now detan the tiouse py
referring to two other passages oil that report
The document was ably drawn-elaboraieiy drawn
the whole question of privilege was iuy ana lapo
riously argued Mr. q. here quoted the language Oh
the report which, in place reprobated the idea oil
Suffering the crutchs of the Judicial tribunals as an
apology for Gripping the Congressional power OF ex-
pusion,r and argued that the power oil Congress 10
puni must necessarily DC discretionary oeeae'o
could not be brought within the provisions OF any
general rules and that the power would be render
ed nugatory BY deay'-a passage which Mr. u en-
phaszed as being pregnant with meaning and iuli oil
instruction bearing on the present case Aiter ex-
amining American precedens and British precedents,
the report came to the conclusion that the power OF
Congress punish its own members was sustalnedby
the Constitution and by precedents, British and Anne
rican He quoted the resolution, which closed by
recommendation to the Senae which was, that the
been guilty of conduct incompatible with the station
and duty of Senator and that, therefore, he be ex
PEELED This resolution received majority OF ~
votes to TO- One more vote would have carried IT,
And, as Mr. G. understood, even this vote was OBJ
tanned only by one or two Of the Senators leaving
their seats under pledge given to them that,
if not actually expelled, Smith would Immediately
resign his seat MIR. G. therefore considered the cir
cumstances as amounting to virtual expulsion, In
compliance with the recommendation Of the report.
In, tba l,utn f he mann of gentleman
Massachusetts stood first.
The charge against John Smith, said Mr. g., is
similar, in respect to several which have been
referred to during the course OF tins debate the crime
committed was not committed in the face of the body
NOT during actual sitting Of the Senate: il was COM
mtted in the country, where criminal prosecution
against the offender had actually been commenced
Yet still, in the estimation OF the gentleman from
Massachusetts, that formed no warrant for the SEN
ate's staying the exercise OF its primitive power
Where were, at that time, the qualms, the doubts,
the scruples of the gentleman from Massachusetts as
to the power of the Houses of Congress to censure
one of their members? Where were his SYM
pathies with the accused 'felons," of whom he has
now so pathetically spoken Here was an American
citizen arragned before the criminal courts, and also
arraigned before the Senate charges which, If sus-
taned would expose him to the heaviest penalties of
the criminal law. But this had been already
argued and am unwilling to consume any OF the
time of the House unnecessarily, will forbear
Is the freedom of opinion OF these forty-slx men
of Haverhill impaired by the proposition | have
moved in the slightest degree Do you, by adopting
that resolution restrict their right of conscience, or
the free and enjoyment of their Judgments, their
tongues or their pens; Will they not be exactly as
free after that resolution shall have been adopted
the amendment proposed by the honorable gentleman
from Kentucky, (Nlr Marshall) to think, to speak,
and to write, they were before 1t is not my pur-
pose invade that most sacred of all rights the right
of conscience. No Our business is not with them
| or their consciences, but with the gentleman from
Massachusetts and with him not personally, not as
an individual, but member of this legislative boz
dy who has brought to its consideration and asked 1t
to act upon petition praying, in SO many words,
for dissolution of this Union. The petition
has been presented, and now must act on IT, GU
may try to avoid it much as you please, but you
cannot You may refer, or postpone, or lay on the
table but there it is. In this movement have no
personal object to crafty in relation to the gentleman
from Massachusetts he ought to be aware of that
have no pleasure contrasting the present with the
past-the feeble, disastrous twilight OF the setting
sun with its more splendid meridian Let it pass. l
entered this hall at the late extra session with feel
ing of reverence toward the gentleman from Massa-
chusetts-a feeling natural from my acquaintance
with his previous history and past experience in pub
lie life looked upon him as an aged and venerable
public servant | am still inclined to regard him,
personally with all Difference and respect and it is
very painful to me to be compelled, by sense of
public duty TO submit such proposition in regard to
| him as | have done | would gladly cast VEIL veil
of total oblivion over these scenes but 1t is now I'M
possible. They have become part of history they
must live its pages, and neither nor any other
than the gentleman himself be justly held respon
sble for any injury this may infct upon his feel
| ings.
The gentleman has assumed various phases during
the course of these proceedings. AT one period he
seemed to urt martyrdom at another he exhibits
himself prosecuted man, as loaded with criminal
charges of the deepest dye and yet denied the rights
of an accused person Again. he pleads as specially
and with much astuteness and ingenuity as nisi
prits lawyer calling to his aid all the resources of
wit and humor of the deepest pathos, and indeed of
the entire art of the rhetorician. Tomorrow he
takes new attitude, and assures us he loves the
Union WE'LL all far too well, to say do aught
that by possibility impair its perpetuy. He has
offered two or three resolutio 5, calling for certain
information which he says is necessaryto his de-
fence. shall not detain the House to read these
solutions but ask, if the gentleman is to be consi
dered here as an arraigned criminal whether these
matters can possibly be important to his defence'
The gentleman speaks OF certain political and party
combinations of an unhoy alliance, of the union of
the most dscordant and Heterogeneous materials Now,
though am aware he alluded to myself, shall not
stop to consider such insinuations he is at perfect
liberty to attribute to my agency in this affair just
what motives he pleascs and to ascribe it to Just such
sort of combinations he chooses to put together
shall not stop OF stoop to defend myself nor do
hold it necessary that should defend other gentle
men.
what, ask, Is any party 10 gam from agltatlng
question like thsi party question: What party
can gain by it All men OF all parties must lose
whatever is dear to them if the design of these petit
TONERS is to be accomplished What! is there no pc
Rod in the history of this Republic when the demon
of party spirit may receive rebukei None when
patriotism may refuse to listen to the selfish feeling
of the political partsan If there be, surely the pre-
sent is such moment.
The gentleman from Massachusetts, has sounded all
the "depths and shoals of honor; )" he has reached
the zenith of his political destiny and again receded
he figures here amid scenes in this Hall of which his
country will Judge should be glad if he had furnished
no occasion for such proceedings Glad shou have
been had he always acted in the spirit that disavowa
he has once made here. The gentleman has had it
in his power again and again to save the time occu-