Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-21

proceedings al lhlee meetings. subsequent 10 the
receipt of this letter, in substance, that MIR. Nc
Nully had each time been notified 10 attend them,
but had failed to attend.
Mr.. McNulty said, that he had never received
but one notice from The committee, and then il was
after The hour had expired that the committee APP
pointed Tor him TO attend them.
MIR. POTTER, in reference 10 some state
men,s in the proceedings just read, said he had no
knowledge OF the note calling en- MIR. McNulty
TO attend at seven o'clock in the evening, There
was note calling on him 10 appear at nine
o'clock in the morning; and he knew that one OF
The messengers called on him with that note, but
ii was after the hour OF meeting Of the House,
and too late to meet the committee.
Mr.. TAYLOR stated, that when the first note
was sent to Mr.. McNulty, the messenger return
ed with the statement that he had not been able 10
find him When The second note was sent, the
messenger was informed that MIR. McNulty was
in his room, but desired 10 know the name of the
person calling on him. The name was accord
| insv sent up, and then word was brought back
that he was not al home.
The letter was then left With the bar-keeper for
him
Mr. McNulty repeated that he had never re-
ceived but one note, and that was the one he had
already referred to. He never received note dl-
rectng him to meet the Committee al ! o'clock Ill
the evening The note he received directed him
10 meet them a, o'clock, bul he received it after
the meeting of The House.
/ Mr.. PETIT said he wished 10 know whether
The Clerk was TO remain in The custody The Ser
| geant-a-A Arms while these proceedings were pend-
1 ing.
Mr.. C. JOHNSON said, that if the gentleman
would give him leave lie would 80 modify his re-
solution as to provide that the Clerk should, in
! the mean time, remain in the custody oil Inc ont
GERS of the House.
Mr.. PETIT said that was precisely what he
objected TO- They had no right 10 require Tie Str
gcant. alarms TO retain the Clerk in custody: and
il he refused 10 do 50 they had no means OF pun
ishing him, otherwise than by dismissinS him.
Now, they certainly could dismiss the Sergeant
at-Arms, or any officer OF The House, al their
pleasure. but this was not the punishment pro-
vided for such an offence. Mr.. p. went on to ar
que that the House was not The proper tribunal 10
try MIR. McNulty, and that, so far from having
any jurisdiction over the subject, they had not
even The forms OF proceeding 10 80 on with
Mr.. C. JOHNSON then modified his resolu-
ton so as 10 read as follows:
Rrsolrcd, That the report of The Committee on
Accounts, in regard 10 Caleb J. McNnny Clerk
OF the House, he postponed until Tomorrow, At :
o'clock: and that the Serocant-at-Arins hold SAID
C. j. NicNuly in custody, until The further orders
of the House
Mr.. DAVID l.. SEYMOUR offered an amend
ment 10 strike out The latter part Of the resolution
providing for holding MIR. McNuly in custody
! We have (said he) other resolutions before lis IN
the report of the committee; and if the Clerk
wishes TO make any defence 10 them, lie WILL OF
course be in attendance. 1t mig be very inconve-
nicnt to him, in mailing his defence 10 be in Gus
tody; and il might prevent him from obainn"
such testimony and such papers as were neccssa-
\ ~. Mr.. 5 also expressed his doubts whether
the House had The power 10 punish the clerk, even
/ il found guilty.
i MIR. ADAMS also was in favor OF striking
out that clause OF the resolution.
4 Mr. G. JOHNSON was sure the House was
aware that he had no unkind feelings towards the
1 Clerk On the contrary he was most anxious
that that officer would be able 10 prove that all
he said was lrue and that the matter would ba
/ settled Tomorrow as he and his friends declared
| il would be- But, on the other hand, suppose
| (said Mr. j. we should release the Clerk with
out taking security for his appearance, and he IS
gone Tomorrow what would become Of the re-
| sponsibilily Of the House !?
Suppose he were arrested and suprosc he had
got The public money lii his pocket, and The
House let him 20: what would be The position in
which lie House would be placedl lie acknow-
lodged from the statement he had heard, that he
had great confidence that all would ye, be made
right; bat he was not willing 10 expose The House
TO the responsibility Of discharging him. lie
wanted 10 know that The Clerk was here; and he
| thought the House should take care that he was
here.
/ Mr. WELLER could not imagine why the
sergcan,-at-arms should be required 10 keep Mr..
/ McNuty until tomorrow. They had had a
pfin,a facic case made out on The one side, and
they had had Mr. MrNully's assertion on the
oher it, then, they sent him 10 prison, he wonh
ask for what2 Had he been guilty OF any crime?
| II 50, il was a baable offence; and he would in
| ouire what the amour, of bail was which they
| reouiredl He was confident Mr.. McNully would
be here TO- orrow, and that he would be able TO
disprove what had been alleged against him; and
they understood TO be an ausion Ia his sureties,
of whom Mr. Weller is one, would be willing 10
be his bail for any amount the House might fix
| for his appearance Tomorrow. They, however,
would moi object TO the suspension OF Mr.. Nc:
I Nulty until the matter was settled.
I Mr., BURT moved an amendment 10 The reSo-
I luton, by adding The words land in The mean
time The exercise of his functions as clerk of the
House be, and they are hereby suspended, ard
that they be performed by b. B. French, The chef
clerk
Mr. McNulty here reiterated lis statement, that
not dollar of the money would he lost.
! Some conversation ensued between MIR. Ham
lin, Mr.. Burt, Mr.. Belscr, Mr.. Campbell Mr. d.
L. Seymour, Mr. Schenck and Mr. Adams.
Mr.. C. JOHNSON accepted The amendment
ofthe gentleman from South Carolina Mr. Burt
The question then required on the motion Of
the gentleman from New Yorii Mr. Seymour,
10 slIike out that portion OF the resolution direct
ing the sergeant-at-arms 10 dc'ain MIR. McNully
in custody.
nays; and they were ordered, and resulted thus:
yeas 80, nays 70,
So that portion of the resolution was stricken
out.
The question recurring on agreeing 10 the rcso-
linton as amended-whch provided for poslpon-
ing the report OF The Committee on Accounts in
regard TO Caleb J. McNully until Two o'clock to-
morrow. and that, in the mean time, he be sus-
nended from the exercise OF his functions, and
hat thew be performed BY Z. B. French
Mr.. DUNCAN remarked. that this resolution
proposed to suspend Mr. McNully as Clerk be-
fore he voted for il, he wished to know whether
this suspension did moi interfere with his Mr..
McNuliy'sl means Of defence; whether il il pre-
vailed, lie would still have access 10 the Office Of
the House 10 get his papers, &c.
Mr.. PETIT moved TO strike out that part Of
! The resolution providing Tor the suspension OF the
Clerk.
had voted for the amendment OF the resolution, in
order that the Clerk should no! be imprisoned
But, al the same time, il was due 10 themselves
to the dignity Of this body-to the committee To
whom they had delegated This part Of their power
tina, they would no longer say 10 the world, al.
ter such charge was solemnly made by one of
the committees that so little attention was 10 be
paid TO it as that they considered the Clerk autho
rrised 10 discharge his dulies.
[Cries Of "Question question!"l
Mr.. WELLER said he was authorized by the
clerk TO say, whether this amendment was adopt.
ed or moi, he had no intention 10 discharge any
OF the duties of the clerk until the subject was
acted on.
The question still being on the amendment OF
Mr. Petit to strike out the suspcndins clause
Mr. PAYNE said, while he would not infringe
on The rights of the individual, he would be The
last to derogale from The dignity ofihis body. So
long as there was primo facic evidence of the
guilt of any member, Of grievous charges that
might be made against him, he would 90 for sus-