Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-02-12
Mr.. GILM ER's REMARKS
GA Mr.. .fdamS Case.
HOUSE OF REPRESENTATIVES.

ttoboC UT NEt n
WEDNESDAY,, Feb. 3, lst2.
MIR GlLMER said the House would do him the
justice to consider that he had occupied none OF
their time either one OF the propositions. He
had the honor, without eonsultaton-vithout the
dictation oil a conclave--to submit 10 the House the
resolution he did under anfimpcrious sense oil duty
IL was painful duty TO him, ana he had no doubt
on, the subject was painful 10 the other members
Of this House. lie had occupied none OF the time
OF the House in reference to these questions. As
the mover OF the proposition that had given rise TO
ali this discussion, excitement, and delay Of the time
of this House, he might have been entitled, had he
asked t, to a small share Of the time which had
bern occupied.
lie did not rise for the purpose OF discussing the
various extraneous topics which had been brought
into this debate. What he wished was Go call the
attention OF the House TO the subject ITSELF in its
simplest FORM as embodied by the resolution he had
offered and disconnect the subject from all those
various incidental exraneous considerations heaped,
day after day, upon the SIMPLE SINGLE solemn ques-
ton he had introduced. He begged that the gem
tleman from Massachusetts, Mr. ApAnsl would not
include him his resolution in the animadverson
Just made on that Of the gentleman from Ken
lucky. He lMr G.) had consulted with no caucus
no conclave-before he submitted the resolution.
He waited but very brief space Of time, anxious
that some older, more experienced, and ADLER men,
Der Of this House should move in this matter.
He had been appealed to by the gentleman from
Kentucky (Mr MI TO know whether he would
accept the gentlemanS preamUie anu te6OuIonS a.
a modification Of his. He had not yet had an OPP
portunity Of responding to that inquiry. If the
gentleman would advert for moment 10 the differ
between the two resolutions, he would perceive
the motive that would induce him 10 decline his
overture. His mir G.'s) resolution was simple,
brief, easy Of comprehension, and admitting Of no
doubt IL seemed to him that it ought to challenge
the unanimous support Of the American House Of
Representatives. In presenting IL, he had had in
view no party or sectional purpose-no invidious
de
&c granted that the preamble and resolutiors oil
the gentleman from Kentucky contained in them
selves very full AMI succnct summing up Of the
reasons which would lead to the adoption of the re.
solution, but his experience, although short in par
liamentnry bodies, was enough TO know that while
thousands would agree and vote with him in his
conclusions, there might not be any two who would
agree with him in his process Of reasoning in arriv-
ing at those conclusions. While he took the re
sponsibility OF declaring that he did regard the
proposition Of the gentleman from Kentucky as too
harsh a censurc, and while he was willing to vote
Tor IL. he must persist in saying he preferred that
the vote should be taken directly upon his original
proposition.
He would call the attention Of the House and Of
the gentleman from Massachusetts his resolution
IT'S extent and scope. They had heard good deal
IN the debate about trial. about censure and about
expulsion.
What do I ask the House to DOT Not to de
nounce the gentleman from Massa chusetts as trail
tor; not TO convict him OF subornaton OF perjury:
but 10 infct harsher censure than simply an ex =.
preston OF the opinion OF this House. | maintain
4; Is duty solemnly incumbent upon 10 express
aicensure on his conduct, though would do it in the
mlldest terms the nature Of the case will justify.
insist that the act is not merely Just regards the
gentleman himself, but that j. is an nc, impera,ivey
due to ourselves and the American People, in vim
dicauon OF this House and Of them. IL is as much
an act Of self vindcation as 1t is OF ceusure the
gentleman hom Massachusetts. What say, does
my resolution ask1 An expression Of opinion
And of what opinionl That the gentleman in pre-.
seniing petition praying for dissolution of the
Union, has Justly incurred the censure Of this
House. And has he notl l appeal for an answer
to every man here, individually and collectively;
and will, before have done. make that appeal 10
the gentleman himself; and the only witnesses |
will ask shall be that gentleman himself, and his
acton on this occasion. The resolution is couched
IN respectful terms; II insists on no pains and pc
naltes other than such as may ensue from the
power oil public opinion. And are we TO be told
that It Is not constitutional for the House to express
such an opinion-to censure him or to punish him,
IT necessary i appeal TO the constitution itself
Those who know me well know that am not in
the habit Of giving TO the language Of that insru-
ment too large and loose construction; on the
contrary, have been reproached by some of nv
friends for going into the opposite extreme. call
gentlemen, then, TO the words Of the Constitution
itself on this subject:
Zach House may determine the rules Of its pro
ceedings, punish its N embers for sorderly be-
havior, and with the concurrence Of two thirds expel
member"
Here we find that not only The power TO express.
opinion, but the power Of punishment. is vested in
ths House under the Constitution. So that, had
my resolution asked the House TO nfci on him
signal punishment, would it have esked any thing
beyond the limits Of constitutional authority
might have felt warranted in going much further:
but l preferred putting the resolution in the yery
simplest form necessary TO the Houses vndication
m fha a0ah k..l
OF such petition brings upon this House and the
nation. Would 1t not seem 10 be in accordance
with the sentiments OF the gentleman himsef7-
mere TO- day, the tenth day this proceeding has
Deen oroached on this hoor the gentleman rises for
the hrst Tune ard disclams his own personal COIN
cidence IN the prayer Of these petitioners. know
very well what he said when he brought the pet
uon into this House know he proposed lis re-.
ference with instructions, to a selec, committee TO
report reasons why IT is not expedent OF this time
10 dissolve The Union But If now, from motives Of
patriotism, the gentleman is constrained 10 disclainn
any concurrence IN the object prayed for and were
10 express his dsapprobation OF IT, by what motives
OF patriotism was he actuated in agitatng this
Rouse ny the introduction OF paper like that D
The House2 That would have been comparatiye
~ iIIflng matter: but in ngtatng this entire
netion, 10 It's very centre7 / DO maintain that the
rejection OF such resolution, after such an act, will
invoive-l will not say reproach on this Hous.
OUT great derelicuon oil duty: and say further
House itself. The time may come when the eIer
cise OF the powers which this House, by such an
act, will virtually discard, may be necessary to the
MAINTENANCE OF It's privileges not only, but OF our
American Union.
Is precedent wanting7 | call the House to III.
proceedings in the case Of John Smith, a Senator;
once charged with participation in Burr's conspi.
Tacyi an occasion on which the gentleman from
Massachusetts was himselfi in the very situation on
which he now dwes with so much emphasis as the
posture oil this House in his own case-that of pro.
secutor, Judge juror, and exeeutioner-al that the
gentleman himself then was, as a member Of the n
States Senate, acting on the case Of John Smith
ask the gentleman 70 recollect the principles and
doctrines he then advanced and maintained. lie,
mo read from report drawn up by him as chair
man OF a committee TO whom the subject was re-
ieTed. Here MrG. read several extracts from The
report IN which il was maintained that the forms OF
judicial proceeding by the courts Of Justice did no,
interfere with the csnsoris authority OF the Senate
over its own members and that the power 10 pun.
'h, by expulsion or otherwise, must be discretona-
~ IN the body and lis exercise must. Of necessity
te more summary than the tardy process OF judicial
tribunals
At this point Mr. Gilmer yielded for motion. bv
Mr. Mallory, to ADJOURN which motion prevailing.
The House adjourned.