Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-19
Case of William Duane Before
the United States Senate. :
ORDERED TO BAR OF HOUSE
Warrant Given for Arrest of Of
Tending Editor.
DENIED THE AID OF COUNSEL
Petition Signed by Citizens Of Phila-
delphia Caused Reference Of
Matter to Proper Authorities.

Probably there has been no case ct
abuse of privilege by a legislative body
since the establishment OF the govern
ment that has excited more interest than
the one which was before the Senate IN
1909. affecting il did the freedom OF
the press and tho right of trial by jury.
1t was just before the removal Of the
government from Philadelphia to this
city. when the lines were being drawn
and the great political parties. the fed
| erals. OF which John Adams was the
head, and the ntifederals, led by Jeffer-
son. were taking shape and on the eve OF
the election for President. for which both
Of them were candidates.
1t was in the second session OF the
Sixth Congress that the Senate felt called
| upon to take some action against Will
liam Duane OF the General Advertiser and
Aurora of Philadelphia for an abuse OF
privilege The cause for this action was
the publication in that paper on febru-
airy ~ of an alleged false. detamatorN.
| s,sandalous. malicious article tending 70
the defamation of the Senate.
The paper said:
The Offending Publication.
I'm our paper of the 27th ultimo w
| noticed the introduction of a measure
| by Mr.. Ross calculated to influence and
affect the approaching presidential
election and to Illustrate in a political
| manner the best wishes and interests
OF the commonwealth OF Pennsylvania
We this day lay before the public q
copy Of that bill. ?.
| I'VE noticed a few days ago the
| caucuses Ter secret commute ., heia
| in the Senate chamber An attempt
was made in an evening paper to give
q counter action (for these people are
admirable at this system OF intrigued
| to the development of the administraA
| ton and to call these meetings jacobni-
cal. We most cordially assent to the
jacobinism OF those meetings: they
| were in the perfect spirit OF a jacobini-
cal conclave.
Tile plain facts we stated are. how
ever. unquestionable. but we have adj
ditional informatio to give on the sub
ject Of the meeting. - We now
state as fact that cannot he disputed
on fair ground that the bill we this
day present sa,os was discussed at the
1T Is worthy to remark how this BILL
grew into existence. The opponents OF
independence and representative govern
ment who supported Mr.. Ross against
Gov. Mexican are well known by their In
decency, the SANDER and the falsehood OF
the measure they passed. and II Is vel.
known that they are devoted to the
federal party. which we dissected on Mon
day. Mr.. Ross prepared the bill In the.
Federal Senate thow consistently with
the decency of his friends will be seen),
A committee of five was appointed to pre-
pare bin on the subject. On the COM
mittee Mr.. Pinkney of South Carolina was
appointed. Thursday last the caucus was
held on the preceding EVENING" Mr.. Ross
| informed Mr.. Pinkney that the committee
| had drawn UP a bill on the subject, wnen
| in fact Mr.. Pinkney had never been con-
suited on the subject though member
OF the committee. ...
The paper further stated that at the.
caucus there were IL Of the 81 senator's
present and all were pledged to support
the action of the caucus. that the vote
was Q to s and the caucus dictated the
law. in other words the who voted for
| the bill ruled the remaining 3D. and con-.
Guided: THE bill is an offspring OF the.
spirit OF faction working secretly.
Action Taken by the Senate. -:
On March II following Senator Jona-
than Dayton Of New Jersey called this
publication to the Senate's attention and
offered resolution reciting the facts and
ordering Duane to appear at the bar and
make his defense. On March 20 the re-
port of the committee, favoring the reso-
luton. was adopted. Four days later .
! mode OF procedure was ordered that VIXEN
he Duane) should appear the President.
Mr.. jefferson, should state that he was
of privilege in asserting the introduction
of measures in the Senate calculated to
| influence the presidention election; that IL
he make no answer the sergeant-at-arms
take him in custody.
Mr.. Duane, on March -. asked to -
heard by counsel, A. j. Dallas and Thorn
as Casper. The following day the Sen
ate voted that testimony be taken by
committee Measrs. alias and Casper
withdrew from the case.
Mr.. Duane wrote March 81 that he had
failed to appear because he was barred
from having counsel, and he was declared
guilty of contempt Mr.. Jefferson issued
warrant of arrest. which the sergeant
alarms was directed to serve.
Matter Referred to Courts.
The Senate was not a unit as to met
ing out punishment In that body Duane
had some able defenders. The general
public too took lively interest il the
ease and especially the adnerents to the
anti-federal party, of which Mr.. Jener-
done until the closing days Of Congress.
May 10 1870, "A numerously signed petit
ton of Pliladelphians asking for refer
ence of the matter to the civil authorities
was presented to the Senate. The petit
TONERS stated that they were fully per-
suaded that the surest safeguard of right
and liberty was the freedom of the press.
and they had no thought that Congress
would make a law abridging that liberty
or denying the rigiA of trial by jury. This
petition had its effect, for just before ad-
journment a resolution referring the case
to the proper officer was adopted