Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-20

lat That the warrant does mol STATE
nation the charge was mace 80
od That the warrant charges no spd
| I'd That the defendant! being mem
ne Representatives, he is privileged l.o
| for an actual breach Vi TUG P'
in the warrant .,J
M Hunter followed in an animated
a,oumentative address, in when, ailef
alteration Of the two first oolecuons Y
borate exposition Of The doctrine OF Ear
:,a o;,;nr The proceedings in the Cot or
pIess IN ENGLAND, and the deessio. OF Chez Jusuct
pitt settling the question in the ceeoIateo case
Wlss that members Of Parlamen are privilegeu loh
arrest exec OF in certain cases named ne eafheu
tleman then quoted the analogous privilege secureu
| members Of CONGRESS in this country by the Consutu
49,; of tho limited States which, in its sixth section
nroydes that they shall in all cases. reason'
ony and breach Of the peace, be exempt IRON uu
rinG the session of their respective houses Ana Tue
learned gentleman contended that Inc charge aga"!s
Tho honorable member now under arrest ny Judcia
process being only that here was procaos cause 70
i,ns tba, he was about commit breach OF the peace
did not bring him within the reach OF the law, ana De
prye him of his privilege and exemption from arrest!
The learned gentleman then quoted Jetfersons Ma.
nua as establishing the point tor whch lie
in the present case and that authority as well as on
the authority of the Constitution, denied that the no.
member could be arrested and held 10 ball. eI-
cent for an actual breach of the peace, by any Judge OF
Justice of the Peace in this District or elsew
Anticipating the objection that might be urged, tina!
this odous privilege conferred upon 'ndVaua'
members Of Congress-, the learned and eloquent gen.
tleman remarked that if other than the rights and
privileges OF an individual member Of Congress were
involved in this inquiry he would not nave come ior-
ward in his defence, although that member might have
been his personal friend but inasmuch as ne consider
ed that the rights of the People, who had conferred
this imporan, privilege, involved in the discus.
sion and that constitutional privilege, conferred by
the People for their good upon their Representa-
tives in Congress- now at stake, he feit himseif
| bound to speak IN It's defence.
The learned gentleman then remarked, with great
force and nnimation-lt is not the personal privilege
of my friend that urged by me the present import
ant occason-it is the privilege Of The House OF ne
presenatives-itis the privilege OF the country ana OF
the Constitution. The position in which his friend was
placed by this judicial proceeding was, however, SIN
guar The country was deprived of his services asa
member of Congress, at time when they were parti
cularly needed and member of the House had been
compelled to the postponement oil public business
Of great Importance which could moi be acted upon IN
consequence of the honorable member being IN custo'
tody of the officers of the law.
The District Attorney, in reply, observed that the
warrant which had been read commanded the arrest oil
writ of ha6cas corpus AS the learned and eloquent
two parties, only one OF whom had been found oy the
officers of Justice and now before the Court under
gentlemen who had already addressed the Court had
confined themselves the third point which they had
suggested he would confne his reply TO that point lie
concurred with the honorable gentleman IN The IDEA
expressed by him of the great Importance of the pre-.
sent CASE In the remarks which he should consider
it his duty submit he should certainly offer no dis
respect to the honorable gentlemen on the other slde
but should reply TO their arguments with entire tree
dom, such in his humble opinion his duty and the
importance of the present inquiry seemed TO require
The honorable gentlemen spoke OF the privileges
conferred upon them members OF Congress, and cited
the case of Wks Jeffsrsons Manual, and the Consti
tuition of the u S. In his opinion, although the gen
temeu discaimed the idea of individual privileges the
privileges clamed by Senators and Members ought TO be
rigidly scrunzed and kept within limits if in
deed form Of Government like ours, republican IN ITS
character, they could be tolerated at all He del'ked
the of prrarge; there was something IN the very
of it that sounded strangely in republican ears
had indeed to the language OF the great Patrick
Henry ga squirting toward monarchy" which rem
dered it not very palatable in a free form OF 60
vernment like The honorable gentlemen had
said that the privilege conended for was privl-
lege conferred upon members OF Congress tor the
public good; it was, however, privilege after all,
and English history would show TO what arbitrary
lengths It had been carried even in limited monarchy,
from which derive many OF our excellent laws ana
free Institutions until the advancing and berallzng
spirit of The age in that country and the indepe ndence
of the English Judiciary, had checked its aristocrac
tendency and pretensons. Here the learned District
Attorney read from the books several Illustrations some
Of them of ing character OF the arbitrary dongs
the English Parliament in olden time, under The garo
advert to one very recent instance of this assumption
of privilege by member of Congress, during former
session. for individual purpose, when that member,
(Dr. Duncan, in order TO exempt himself from penal
ty for an alleged violation of statute which bore very
hard upon the citizens of this District pleaded his pr,'
ruege from arrest as a member of Congress.
The honorable gentlemen Continued the learned dis
trict Attorney had relied upon the we'll known case OF
Wks settling the question OF Parliamentary privi'
Iece in ENGLAND in more recent case that of Hun
saTd printer TO the House of Commons the decision of
Lord Chief Justice Denman clearly showed that what
ever might have been the decision in Wlkss case the
doctrine Of Parliamentary privilege, as formerly main
tanned and acted upon, was emphatcaly repudated by
an honest and upright Judge uterng from the Eng.
Itch bench sentiments that were in unison with law and
the increased and increasing lberality of the age
| The District Attorney then adyerted TO the doctrine
of Parliamentary privilege as laid down in Jefferson 8
Manual, and quoted by the honorable gentlemen on the
other side and relied upon by them as authorities
He was persuaded that such doctrines i'll suited
to the present age, and he had doubt that Mr. JEFF
ferson himself great and enlightened he was would
not have recommended compliance with some OF the
forms and usages which laid down in his own Ma
nuaI and which had been cited by the honorable gen.
tlemen.
The District Attorney commended that the Court had
jurisdiction in the present case and that 1t had power
TO interfere 10 breach of the peace and that 1t
was enough to charge in the warrant that "here was
probable believe breach Of the peace was about
TO be committed.
The Court decided that the defendants plea of pr-
vlege could avail him in the present case, and then
directed the examination Of Witnesses
| COL Starke the only witness who heard what passed
at the rencontre between the Hon. Messrs. Wise and
Sanly on Saturday, the 9TH inst, having left the CITY,
it was stated that he had given written account OF the
occurrence The paper being read in Court, appear
ed 10 us to be in substance if not literally the same as
was published in the Madisonan of last Thursday. We
copy it in abridged form:
The purport of that statement is, that he Colonel
Starke accompanied Mr.. Wise horseback from the
race course Saturday evening" the 7th about4 o'clock
Mr.. Wise was few steps in advance Of him (Co 81
when he saw Mr. Wise and Mr.. S,anly riding on near
y opposite sides of the road, looking at each other
their horses in a walk This position was maintained
ed between Mr. Wise and MIR. Stanly. After the
carriage passed on they resumed their former posi-.
tons, and he Colonel Starke) rode up and commenced
i L. tha Snhiecl of llle