Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-15

he any nearer than il Vas Al present. MOI VIM NJ
whole would operate merely asa nca,ui, 1 "rl"l ana
rIG.5i When The report came in, tho debate would III
one, bc renewed (which happily seemed to DC neaf
rl ans! perhaps with increased excitement ME-
q c,,Id scc nothing 10 lie gained ty such proceeding
bnt on the contrary thought he could see 'ha ~ u '
,. c, desired might BIZ jeopared, il Eo IN the en-"
A" ~ Tie question Of privilege and the precedens
- r;ch his colleagues resolution REFERRED Mr.. ".
when The House adjourned was calling ITS attention.
and especially that oihe gentleman from massachusetts
,..if to The reuor OF select committee OF The Sc
,,o of ,le H. $ in the celebrated case OF John smith
Ill. would now detan the House by referring TO one
-, ,wo other passages of that report. The document
was obIy Internationally drawn-the whole ques'
ton of privilege was fully and laOonousiy argued
Mr. q liner here quoted the language OF the report
which in one place reprobaed the idea o! "oifefing
,ba crntcbes of the judicial tribunals as an apology Tor
cripolinr the Congressional power o' expulsion a'u
| nrIued that the power o! Congress To PUNISH must
necessarily be discretionary, because 1t could not pe
br,uobt within the PROVISIONS OF any general rules
ard that the power would 'be rendered nugatory by
dplav'-a passage which MIR. Gilmer emphasized us
be;py pregnant with meaning, and full of nstrue-
lion bearing on the present case. After examining
American presidents and British precedents, the re-
nort came to the conclusion that the power OF Con
arross IN pupish its own members sustained by
Inc Constitution, and by precedents, British and Ame-
rican He quoted the resolution, which closed by a
recommendation to the Senate, which was, that the ac
cused BY participating in Burrs conspiracy had been
unity of conduct incompatible with the station and
duty of Senator and that, therefore, he be expelled
This resolution received ma ority OF - votes TO ~
Ono more vote would have carried it, And, as MIR. q.
understood even this vote was obtained only by one or
Two of the Senators leaving their seats under pledge
g;ven 10 them that if not actually expelled Smith
would Immediately resign his seat. Mr.. G.. therefore
considered the circumstances amounting to virtual
expulsion in compliance with the Recommendation OF
the report In the list of yeas the name Of the gentle
man from Massachusetts STOOD first
| The charge against John Smith, said Mr. u, IS
similar in one respect, 10 several which have been re-
Erred 10 during the course of this debate-the crime
committed was not committed in the face oil that
body-not during actual sitting OF the Senae-it was
committed in the country, where criminal prosecu-
ton against the offender had actually been common
ced Yet STILL in the estimation OF the gentleman
from Massachusetts, that formed no warrant tor The
Senate's staying the exercise OF It's primitive power
Where were, at that time, the qualms, the douots,
the scruples of the gentleman from Massachusetts as
to the power of the Houses Of Congress to censure
one of their own members' Where were his sym
,o,hies with the accused "felons,' OF whom he has
now so pathetically spoken Here was an American
citizen arragned before the criminal courts ana also
arraigned before the Senate, on charges which, sus
tanned, would expose hun to the heaviest Penailes oi
the criminal law. But this had been already ar
gued, and as | am unwilling TO consume any oil the
time of the House unnecessarily, Will iorbear.
Ia the freedom of opinion of these forty six men oil
Hayerh impaired by the proposition have moved IN
the slightest degree: Do you, BY adopting that reso-
linton restrict their right of conscience the free
use 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 amend
me Mt proposed by the honorable gentleman from Ken
lucky (Mr Marshall) to think TO speak and 10 write,
"a they were before? 1t is not my purpose TO invade
that mos, sacred of all rights the RICH, of conscience
No Our business is not with them tier consci-
ences but with the gentleman from Massachusetts
and with him not personality not as an individual but
as mber Of this legislative body, who has brought
, to its consideration and asked 1t to act upon pc.
,;,on nr,vinu in SO many words for a dissolution Of
this Union The petition has been presented, and
now we must act on it. You may try 10 avoid II us
much as YOU please, but you cannot You may refer
or pospone or lay the table, but there 1t 49, In this
movement have no personal object TO gratiy III re-
ation to the gentleman from Massachusetts; he ought
10 be aware of that. | have pleasure in contrast
nq the present with the past-the feeble, dsastrou:
twilight of The setting with It's more splendid me
rd;an Lett pass. | entered this Hall at the late Ex
ira Session with feeling of reverence toward the gen
tleman from Massachusetts-a feeling natural from my
acquaintance with his previous history and past expe
riencc in public life. looked upon hn as an aged ant
venerable public servant am still inclined 10 regart
him personally, with all Difference and respect and
il very painful to 10 be compelled, by sense
public duty TO submit such proposition IN regard u
him ms have done. would gladly cast a veil-'
81 veil of total ohvion-over these scenes hot now
e impossible They have become part OF history They
must live on its pages and neither nor any other thar
The gentleman himself can be Justly held responsible
for an injury this may inhict upon his feelings
'rh: gentleman has assumed various phases during
the course OF these proceedings Al one period hc seemed
to court maItyrdom at another he exhibits himself As
perSecued man. as loaded with criminal charges oil IN
deepest dye and vet denied the rights OF accused per
SON Again he pleads rs specially and with As mucf
as,u,cncss and ingenuity nsi prius LAWYER cant
10 his aid all the resources OF wit and hmo q! lhc deep
cs, pahoS and indeed Of the entire art OF the hcorcIah
Tomorrow he takes attitude and assures us NJ
loves the Union Too WELL al lar we'll 10 say or a.
aught thai can BY possibility impair us perPeuiiy h'
has offered two three resolutions calling Tor certain IN
formation which lie saws is necessary 10 his defence.
shall rot detan the House read these resolutions u
ask if The gentleman is be considered here as an AZ
aicned criminal whether these matters can possibly b
Z important 10 his defence!
The gentleman speaks Of certain political and party
combinations; of unhoy alliance; Of the union
b the most discordant and heterogeneous materials
, Now, though am aware he alluded to myself, shal
not stop TO consider such nsnuatons; ne is at peec
liberty to attribute 10 my agency in this affair just VIVA
motives he peases, and TO ascrbe IL 10 just such sort
combinations he chooses to put together shall no
stop or stoop defend myself, do hold neces
J sary that should defend other gentlemen.
;. What, ask, is any party to gain from agtating
question like this? party question: What party
can ran by il: All men Of all parties must soon lose
Whatever is dear to them if the design Of these pet
4 TONERS is 10 be accomplished. What! is there no pc
Rod in the history of this Republic when the demon o.
party spirit may receive rebuke; None when patr
otism may refuse TO listen to the selfish feeling OF the
political partsan' If there be, surely the present 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 in this Hall of which his coun
try will Judge | should be glad if he had furnished
no occasion for such proceednps Glad should have
been had he always acted in the spirit of that dlsavow
al he has once made here. The gentleman has had II
in his power again and again to save the time occupied
in this discussion, which he processes 10 think so valua
BILE; if he had consented 10 withdraw the petition he
might have ended this whole affair, and passed the re-
siduc of his time among an American citizen en-
titled to our regard.
shall not discuss the right of petition: by means
although do consider that very many and very gross
nrayal In regard 10 That Ight The riGht OF