The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-05-19
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| al AZ to cases "even Of felony and treason" sc.
Mr.. HUNTER replied that the authority was, that to
cases of Il eason, felony, and breach OF the peace pr
vege did not extend as to substaneei yet, IN sucn
cases, it extended so the mode Of proceeding Ana
| he cited many to show what would be 'ne noue
| of proceeding He cited the OF LoveiAce, ~
| Hatsell, for duelling where duel was fought no
| King informed the House that lts member, 49,
lace was restrained for duelng. The House thanked
the King for his attention to their privileges ana se
their sergeant at arms for It's member Ia .a 60
felony actually committed, the member mus 20 -
arrested and then the must be laid peioie .n'
Uonxe The House e xamines the privilege pertain
inc 10 The case and returns the member TO tue Ju,o
diction of the courts of law or not according W us
Indictment and the House is security sufhcieh' ior 'he
of the peace and aga nsI escape uh'i 'tai
ri conviction in the courts This practice had been
pursued as late even the Wellesley case IN 1901
These cases, even Of felony and treason committed,
were cited show that when neither was charged as
actually committed there could be no arrest or hold
ing TO bail 10 prevent breach OF the peace lie ar
yued AT length TO show the necessity of maintaining
| these settled principles of privilege. The Executive
might make the Legislature what it pleased lie cited
the New Jersey case, where there was tie on rev
dictionary question of organizing the House OF Keep
| resenlatvcs. One to decide the complexion
of the House and its measures for two years, ana
| whole Congress. If any man might arrest member
suspicion, the suspicion oi despot.ui nght destroy
the right of representation. II was against the demo
cratic feature Of the Constitution to coAend against
| this opuar privilege to be present and TO SIT and
speak and vote in Congress ih ough the Representa-
| tive 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
representation argue against the Constitution
| itself
The argument here ended this branch OF The
case and The Judge proceeded 10 decide that he could
not sustain the doctrine laid down IN Jeilersons Man
u that in of treason felony or actual breach
Of the peace the in this country must defer to
the privilege of the two Houses of Congress and not
hold the party accused to bail and proceed 10 tIy and
| punish in its form Of proceeding. The conse
| auence would be, that in where bail was
not demandable, the memter accused might escape
before the House should take order oI his custody -
In cases 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 any overt attempt to fight
duel by the parties, OF to commit a felony, winch
| would be itself an actual breach of the peace.
Messrs GooDE and HUNTER then reminded his
Honor that there other exceptions as to the for
| mality and suhciency of the warrant. lie informed
counsel that upon habeas corpus here the course was
to 90 behind the warrant and see whether there was
good ground for arrest and ball. and whether the war
rant was good OF not If bad, another would be is
| sued immediately
The other exceptions then withdrawn.
The witnesses then called for examination
The District Attorney first called to the stand
FRANcIs s. KEY, Esq.-He said that he was the
person,who gave information TO Judge Thurston. He
had heard from various sources accounts OF what had
| passed at the racefield between Mr. Wise and Mr.
Stanly lie went before Judge Thurston and mad,
oath that he crcdiby informed and verify be-
lieved, and he then credbly informed and verify
believed that n duel about to be fought between
these parties He had been confirmed in this belle
by hat he had heard during Mr.. Wises examination
before Justice Morsel. Mr.. Fendall had asked Mr.
Wise whether the account given OF the scene between
him and Mr.. Stanly in the Madisonan was not cor
rect and Mr.. Wise admitted that il taI
as it went but il not full That it was part OF
Colonel Starkes statement of the affair, but not all
of it, Ii therein said that upon Col. Starke's
riding up to the parties and saying" this is not the
place gentlemen, settle this affair."" Mr.. Stanly
said 8" very we'll" He took this to that the
parties intended to settle the affair in another manner
at another time and place. such as every body under
stood
4 Mr. FgNDAIL then said that he had Col. Starke,
statement written out by himself but before he in
troduced it, would ask permission to state how HI
c came in possession of it, When Mr.. Wise was ia
ken before Justice Morsel he demanded to know VIII
was the nformer in the case, and upon whose oat
4 the warrant was issued. He gave Mr.. Wise list O
h the witnesses names who were proposed by him L
i be examined. Among the rest was that of Col
J. Starke. MIR. Wise said that Col. Starke could no
Il have informed because he gone from the city
. his way to Mississippi before the warrant issued
i He replied to Mr.. Wise that his statement he wa
/ told, was in the Madsonian and he took that pape
= from his pocket to read, and asked Mr. Wise whethc
ment' Mr.. Wise replied il was as far as il went
but il was not allthere words in Col. Starke,
A statement which left in doubt what Mr.. Fendal
4 seemed to take for certain. He then asked Mr. Wise
where Col Starke's statement was' Mr. Wise said tina
he had made his statement verbally to many gentlemen
before he left and had furnished both parties himself
and Mr. Sanly or some friend of his (Mr. Mangum,
with his statement in writing That he Mr. Fendall)
I was about to cause Mr.. Mangum to be summoned to
produce it, when Mr.. Wise told him he need not put
| NJ, to- haf fo, ha M.
Wse) would furnish it to him, and to-day he had
: furnished it, though he had summoned Mr. Mangum
also He then read Colonel Starke's statement in
the following words and figures, to wit:
: GApspY's HorEL, Saturday night, May 7, 1912
DEAR Sir In reply to your nterrogatores 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
5 you and the Hon Mr.. Stanly, Of the House of Re-
representatives. riding nearly opposite sides of the
road looking al each other, your horses in walk
This position maintained for some seconds, wher
d a carriage came up and passed between you after
the carriage passed on you resumed your former po
' stons, and rode up and commenced conversation
g with you on the subject of the Mr. Stanly moi
keeping pace, got in advance Of him before pass
ing the outer gate. After proceeding about 100 yard
i from the gate, Mr. Stanly rode rapidly up Just as w,
i were passing through q mud hoe his horse brushed
against and your horse your left with such force
i as to push your horse against mine and jar you il
your seat, at the same time bespattering you will
mud and water. AS soon you recovered from tn,
: joste, and before he had proceeded twenty yards
i you rode up to him his left in gallop and com
ing up with him you struck him heavy blow direct
4 ly across the back of the head with black whale
bone walking cane, which broke before the head
n the piece with the head flew off distance. Yo,
: struck him but one blow and remarked " Now damn
l. you, ride against me again." Mr., Stanly remarked
Y al did not you y and you replied, "Then ex
it." Mr. Stanly after pause of few seconds
Q said, Z" You up behind man to strike him
e Your reply to this was, " There gentlemen be
. hind here who see how this matter is done i" orword