The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-05-21
THE COMMITTEE OF INVESTIGA-
TION

1t was very justly remarked by celebrated
English writer, that open and palpable viola
tons of the constitution, were usually fraught
with little danger to the public liberty, because
everybody could see them at glance, and a
whole nation rose as one man against them
The constitution of a free country is in far
more danger from the extension of powers
granted by itself, until they become instru-
menis ofoppression in the hands of those upon
whom they are conferred, retaining the M
blance of law while they have LOST its spirit
To this dangerous extent, we conceive that
the committee ofInvestigation, now sitting in
the Capitol, are, in all probability, without be-
ing aware of it, rapidly advancing.
The law certainly gives the Legislature the
power to call for persons and papers. But it
seems to us that this could only have been
meant with regard to cases in which, acting as
triors, they have the power to prescribe pen
atty. 1t applies, beyond all doubt, to all cases
affecting their own privileges, or the privile-
ges of their members Individually. The per-
son who shall have infringed upon either, can
be laid by the heels by vote of the offended
body. 1t applies to all cases, in which the
conduct of a public officer is involved for
there the penalty is impeachment and, upon
conviction, deposition. Itapples in all cases,
in which an examination of public accounts
may be necessary. 1t applies in all cases, in
which The public service can be promoted by
the examination of persons who are we'll in
formed upon the subject. In q word, the priv
llege OF sending for persons and papers ex-
tends to all cases in which the Legislature
have the power TO apply remedy to an abuse,
TO vindicate their own privileges, TO purge the
public offices, TO hold an officer 10 strict &C.
countabiity, to obtain knowledge for the public
benefit, &c. Have they the right to raise an is
sue at any time they think proper, upon any
subject that they may select, for any purpose
which they may have in view, though they
have no authority over the matter, though thew
cannot punish the msdemeanoF, though the
law has given the trial Of such cases to anoth-
er and totally distinct tribunal and send for
persons aod papers They may have, accord
ing 10 the letter OF the law, certain we are
that they have not according TO the spirit.
Let US take the example before u.s. A mob
assemblies around the house of the Governor,
boots, Kisses, and rings his bell. They render
themselves liable TO presentment by a Grand
Jury, who alone can have proper cognizance
of the case. Governor Johnson is insulted :;
the fact that he is the Governor Of the State
can only be used before the Petit jury, in 40.
gravaion OF punishment. The Legislature
cannot punish any person. engaged in that
mob. Yetlhey take it up, appoint a commit
tee Of Investigation, harrass numbers of citi-
zens by dragging them before that committee,
and all, when they know perfectly we'll, that
they cannot fine the culpriis against whom
they are summoned to bear evidence one cent,
or imprison them for one hour! Surely, the
constitution never designed to confer any such
power as this
For, look at the consequences Liberty of
person, unless restraint be imposed on partic-
ular individuals by law, is guaranteed; so is
the liberty of the Press. May not the Legis-
lature Of Virginia, if they are now exercising
lawful privilege, call the editors of the
particular papers here before them for anony-
nous attacks upon Governor johnson! May
they not require the editors to give up the
names Of their correspondents, and may they
not send them 10 gaol for refusing TO answer
They have fully as much right to send for
persons and papers, in the case of libel, as
they have in the case of riot. Both of them
belong to the Judicial department of the gov
eminent, aud not to the Legislature. We ask
again, has the Legislature any right to create
a case, having no connection whatever with
the public service, or with their own privile-
ges, and to send for persons and papers in
such case7 fithas, we ask where is the lin.
i to such authority What matter can arise,
in all this Commonwealth, private or public,
IN which they cannot interfere
Suppose the people of Kanawha, the most |
emote of any from the seat of government,
hould meet in Charleston, and, after having |
passed sundry resolutions, disappearing Of
Governor Johnson's conduct should proceed |
o burn him in efigy! If the Interpretation
which the Legislature put upon their own pri
ileges be correct, they would have the power
o send for persons and papers, and to keep
he Witnesses here for months, hundreds of
,iles from home, to the great detriment of