Newspapers / The Raleigh Minerva (Raleigh, … / Jan. 30, 1818, edition 1 / Page 1
Part of The Raleigh Minerva (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
.-'VC si wtu '-tit' wmmmm. '"(.'?. . . : .. 'i.T t-ll-r-rfc a. "TT. ' , i .T4TT1 tS'!.:'. 5 75 7Tri 'mtmmi. 7 TfrPri " ' i' i i ' i ii II i r V ii i r'l . ' .. . -r . .. . ..-....! I II. T MP' . j.Hi1.l..'ii.Alll MIU USB WD- . thr.cc tor ihw?, v - -. . ijj i, tt greuier iiu'h -v- "v.fnvfi a tK WNo subscription can in any cae M wee'TVT""? of the eilitor; ; . ' - " j;toMriorf irtteVliaiIy after Mr. Tuck- cr, kddrcised tlio house ia substaflce a Tol- i0Tf the honorable gentleman who just sat ilovrn f(ll il nceewry to tenninata Ins argument ab ruptly, rather liian consume the, lime of the Mo mticli more Joes it become me, Mir, nt tb- lato lour of. the dj, to apologize for de- ' hilling yoii one motfient longer.. ' Nur shonld I offjr a:iy observations oh the ,.r(iit debate, if I wTe ut iu o iued iUituia alinty ol the Uonse, up- .i.!H' l suinewUttaitt-Tfivtlrom those wnicu punish 'contempts y tijti,te i paj tajnfniria 5ei t ti'rliinpn f part of j,eonit hha law, although h ilenrtea, a similar author! VHflVttej!pu9e of rtepfeiH'tativef abi fienite thaU'd jranchei; of , the, ongresi 'of tlie Vml' TJniTer'sVoDsent'has anoliod the maxiios of ui ib taw io ne proieciwo oi au our state an federal a.' H.nA uliv khnntt! itltA'iiABinil I inU fioutte,T fWhat ire Jaii Mr." M,Taad brsnobn of the Cleneral Assembly, the House, a general warrant.'.' It ijeseribes the prisoner of,Delegatejand: Senate ef Virginia K 'FfeAl 6y naitoe.' 1 ; j, w -" ?V:' - the trm ef the Speaker's chair to the powt'r onTtelif, it has beey urged," tvith 'more apparent have been ah eaffyrofrrpjed by thesKntlemen nlif. Iiavic preceded mv. i '" - i'lfe resoluliona an your table,' Mr. Speaker, invo.' !' tie decision of three dinine -propositi,, !. 5l-.tlH house the p wer to punish eoii 'ivi r i tbe tie! cimrod upon the. prisoner vlicmiU ? iiave tlio proceedings of' the V.'mi, !).u ii suoSi aso varra;:t xi farther pro- g r'itiou ? D .es this House derive from tae constitution Vk. io'tr of pnijbiii2 a contetnpt ? My ho- nttrable fu.ileuaue, who just reedeu me, m a Mirit id' uctomiiifidatiou I.hnyc o .l. ubt, l.a nfi,seJ to "introduce a b.ll to punish. 'by law t, j.Vv.'mni tu lirine a member of C6iiirreS9 If hr. n-uvir of Dunishiniffiu'eh an act if.enmp're IifT(Jed among me privileges. m-iawnousr, ui wiMloln ofauy such law may well-JJs qufstioivd Were ihe eoateruiilated' iaV restricted to a lie - - - - - - L, . - . i , - t - - z r . i : t iucn onr eoiiAiuerauon i now iuru.ru, -.y w.uul(V io lead t thf inference that this Honst n eiignijepd iio olITer, ' And if, to.obviate this uillieu'fyt a eefflplete enumeration were at tempt f ?ver:r08sible iosultllo vthe uriviU(tes, law would be swelted to the size of thls parliament tie arieient AVitteiiagemotte was a conrt, and one of its branches is the highest ju dicial tribunal in England. Balh houses of Congrsi 'liate powers strictly judicial pa their nature and appliedtiinv if a federal or state couri, consisting of a single judge, is, invested by co ni ui on law construction, wiliv authority to punish- contempts of its authority and dignity, this assembly of Judges' may . consthutionaliy exercise die same authontyv 1 hut constitution Wr.ifth confers oiilh; representatives f this na tion the power of "fogisliilion, and deuamiutlei this body a House of Kejirescntativeg, clothes it .with the eumtnon 'taw attributes appertaining to Us olhee and its title , - rl Sir, said Mr. M. why this indignation a gainst the common iaw ? Our forefathers defen ded it, in the old world,' against Norman inva sion, CL'cleslajticut fraud, ami royal eucroach- me;:t. I Lev uroucut it hither ; th-jy planteii it ; and we have flourished bcueuth its shel- The eoraiMoii I.iw ! Had I the tongue of Hen ryrl would pourtray to 'you its excellence. He who implored the couveutiou of Virginia to it- ject thisfonstitntion hecaust) it did nut express ly ad pt thii law iu all its manais ; the most eloquent champion that Aiaerb::;'. liberty evfcr drew to her support, regarded this constitution which he had not tried, with sinpici'in, and the law under which he had lived Willi confidence d affVeUoit, tvr--:" -- exptfiing a member; the ebaraetr And author. W" -00 0 1 i9ohl e 8 11 veo,, w ii nooi anyff express constitutional - prof;isiofl,- from therilouse of Commons, thq , archetype ;of the popular; branch orevery state legislature, as it is of thif hoose.4 , y- , , ' Tfie force of the arcumentt which this analo- gy fuTrtmhes, is not Impaired by the coiisidera- tion, that the lederal constitution is ot more re cent structure. It is the act of the penvle of the umfea oiarep, as iiseu proclaims , anu. reier rinsfpressly to the eomraon law, in one of its rtie "p unintelligibly throughout, except by the 1 - that law, we have a Harht to resort iVitir.fJtiais in the present enquiry. -If thi Lpotr inessential to the House 0 Commons, so states regarded it to he, and-aa mijisrt we conii derltinrela'tibn to the two House g.voi4hi Le- gislature. ' , . , , It uai been ufgeu, - that ma,ny . eMra,va uoetrmee voirld ansa from this snurct 01 con it roetivd a'iiihoTty. j Where, it is a jked, sbatl this House stop in its me ? The rvo'iition ot i?76'.:'ftnswe'r6i this question. It riacHs'sarily lopped oflf the regal and. artstoeratical branch es of this law. : This limitation of the eommo.i law reliete the 'rule of eoiMt-ruetion4.for. which 1 contend, IV.mh ail that C'ui aUrm our fears. It is founded, i am inctinetl to believe, in judi cial decisjo(s, throughout the Uuited States. force, that itvis.nnsutainedbv an v oath or afi firuatron j and Ttherifore,f in ioration' of lH) 4th arL of the amendments to the constitu tion, wfeich provides that no warrant shall issjiabut lipoir probable' eauie : supported. bj; suehl evi dence. 'Thefeoristitiition certainly supposes tbe judge7 who issues tht . warranty not to. Dehtoi self, hefionatly eogn zant of the fact, on'vvbich it is grotinded, He iay issue, a -warrant en y-probabte cauW, supftorted by oath." - It l eer-;-tain, conviction of tee truth of the fact must v fliipersede the necessity ofvanv oath : ti. say n auocr By the ' unanimous it.dineut of the General Court, the hVgbtist triburnl of Virginia, the principle has been extended So far, as to autbo rize a defendantj indieated for a lib'Tat com mon law,to give the truth in evtdi-itce. This Hous& derivfs, therefore, fmm l!ie cuinmnn law, no prtvueges which t otig!:t n t to pjS-J ess... - . . ; Oiie of m'f 'coileaCfl has contended that all the privileges of "his House arc expressly rnu merated by the 6th scc'lio"no.f. tbe st artide of the constitution, and rstrichiiJ to ex:iifi tiou from arrest, in cor;ai;i spuwi ieil cases ; and froni responsibility ebtwiiiie fir any h v'jV or debate in the House, And hence with gi r&L spparent plausibility, hc'invrsr tlr:u the Ho.is j possesses no other privile, and has authon- yheM'ctrffirhici Ji?ranc?f & hldiiQrfi6i are committed in vitiation f tu-e. in u, wer 10 11119 nrgtimenr, 11 uas hi.-c.niv l"rii contendi'd by. the honorable rucmbcr wlio last addressed Ihe House, that this ci.ijse of tbe cunstitutiou may be justly. regardHLa&Jhe rv- largest volume m your table. It may also be doubted w'.i'iliir aright which this house does not de ri:vetV n tlio couKiitulion can be created or pro i d h . nit act of ordinary legislation. Those gTi! :;:tv. wlo art desirous for a law to define ?tM privilegifF vlii house and to-provide for p:ii .';'? ng 1 i C'Ti'empt of them, admit their ex-isit-Dce, as wt-J-i us the power of this house to pu" ! j! :ir violation, by tbe mode of reasoning HMel; taey have adopted. !'! rt 1 enquire into the origin of this pow er, jtU.iw me to diaavow every 'feidinz which cu'il i militate against the most "deliherate and i part ial exercise of my judgment. 1 canuot but deplore the unhappy situaliou of the prisoner, whose! head is. bleached by the snows of many ttiiitrrs, awd who, if really guilty of the attro- cr:u uei impii'ea 10 mm, is an objeetof .tul g c. ter pomiaiseration, as his turpitude is wi.iiont , the extenuation 01 youth or inexpe rience;. Sir, said Mr. M. 1-never beheld a criminal arraigned at the bar of justice, without this feel ins, nor have 1 found it ditticiilt to obey the le gal injunction to believe the innocence of the accusud, until, he has been heard in his defence ami judicially couvieted. Jhis maxiia of Christian charity is compre oenueuin tnat atfmuabfe system of practical nisuoui, wwen lias oeen repeatedly referred to in uns aincussion ; a system matured by the ex pt'.rience of ages, adopted by the universal n sent pf the-pfiople of the United States, aod de- . uumiiiaieu me common law. ' , , ' ' It is tO this SVStem that T. rr.ar.rt friptl.aoiT - tborify of .(hi? house to punish a contempt 5 to , dejim: the act to be punished; to determine tbe aode-of proceeding against the accused ; and, Tu guilty, io ascertain the quality, asd meabure Hift extent of his nunishment. . A-.d I do go, not because the common law .confers these powers on this house, but because it U.Hoes that written constitution from which ne derive them. Sir,"tk;erKiUot an entire article, not a soli- a.y secuoii,, scarcely a luse of thatinstrurocnf, '"' ''i ue correctly understood, pr prac ii'dly eufored, without a recurrence; to this Itt.V. lryou desire to know the import of an Ene- iiii ...... 1 . . - 9 . 8t.l : for a phrase of 'statutory law you eon- I. 111. I l!m -...1..... ...I.' I . i. I .rf . . . - y ...uic uicu contains ir, and I lie pre- j..uuuny wnicft it has been expounded. The jr.1,11 ,,f the common law must lie, also, defined 0) a recti rrence to the law itself, enmnri in 'tMreatiisVii. Ami. ill ll.t.uln.l l. . 1 I n . tt 7 i.in,u ut me utsivrv 01 , uauon from whom we defivod it. , --v v.M.umiuu noioniyuses the terms and P ysse, (lf this law.. but expreily recoguizes its 1 ut? sevcnin artiptA nr n. a ; Vbl .?r0Vllie9,-thut ",n 8uit at commonjaw iu. . ecouiroversy shall i-xceei be ilrl . 1 . "S"1 9t 1rial bV jury slla bi .il Cl ,r- " "J ftJurJ 8l rlTni,. J tTi - re:?xammeit in any court- of .the iommTn 1 . Mfurd,n5 !!- rules of the ihis V-nslittftional o iestioii, is cousenial with vr?r to t,n9 rgtiment, it the purest American feeling. 'The eonimou Saw is that which, gave roe birth. It is the law ot everv state of litis widely extended union! On its broad and solid basis rest the free eunstitu-i ". exireme-cauiion w.t. u uiuuceu ions ofthetrstate!rasweilatrmt.'mibiestruc- .ir'ovntM.u iu insert in it whai o .ght nt- ture which is committed to our care. , ere Hive Doeu niferred ; a caution whicu 's Sir. thi ltv i nnt that nf mv rpni.itA nrn. dlSCCrnable I I Other n irts f tllc Itl'tr'ilfnctlt nilnra. Fri,.'- rion' lnrf. nml tho hriwn To -Hie. illustration uliic'l f.C !.- fill iiished. heath of Caledouia, although my eye never be- n,tt,,y ol!li;rs ",ry. Jie a(k5t5(1 i r . xu.ple 11? it tl.pm. nr. 1 ftpknnwlpilp.,.. Hphp to nnv ue ery uri arucui oi uic amen.i u ni. i ne . . . o .. . , o ii.. ... i ... .1.... .1 . heari.v This reeHii is not inexplicable V b is so liase as to hear aa insiuuation againU tiis .purpose ot a or ri-nis, ;ip wiyeh so -mi rih..p' nnmn .! not fA iti tin. I.tn.wl m..niii , ii V opponcins of the coustituti'.u. hid mi)t zea to his cheek? Sir, this feelins binds, us, not on-!iou!y foulended. Jt cannot Jpr-somed, that, - . - ' - - I - I" I . ' . I . l.- l . . L. . ... I ; .. ... . ueen m. .... a 1141' y to our aucestors, out to lue lauu wnicn gave them birth ; it flows from the same fountain 1 ot other uatioug. 1 can turn my eyeHuu li vK"ll"u t'Mj. t channel along which niy fancy has am wever, leu uivoruntariiy to. another ex- me, ahdexclaiui, in the a. ptanation.oi in exp.Mii. iiey o vprosy .n KPPtAfti bird nf IrnUml . . corporating in the 'constitution the two privile- with thatstrooser sentiment which biuds us toi ec tne tree exercise oi religion ;-tiave a- nur own natal noi I. It is not at war with the ! bridged the freedom ot speeu ; or obstructed imm.law i.f oonoril tPnoi7n!flni. or -ullnna in the lisbt of tllO people peaCeailly t tlMMI!)le " . T - ' . I.. Hi.tllloli f.kM it l..lli, in j.l .s.t.a..iA.. the merits across that just coudiictcd iias nfthe iu .Ciasvpriirhtly Uod'of .social mirth and case. rl'S88 ? wb.ieti my colleague has., relerred ; an l'twistd viU thyj lf, whom ail the world can please ! explanation w hich is jn strict haruDM.y.witli all Howaltered is this scene ! Sir, the tear of pity ' the vhws -that; I have taken of the gen. ral . .Pit:, six ... . r . . . .... v ! . . ilUUVJ iil IIUU.SIl CIUeill!)lS lil 113 1 ' . A ry other . priviict'u of tiiis Houte, except those which arc cum v.it,-d, will be found to be cop'sistetit with the o ivinus and equal rights of tbe people.' The eji.iim;fa". oi itirtjie r,i;ms, must start from every eye at the sufferings of rpowei of this ilCi a misguided, much oppressed,; but gallant na-j p'rivileg's - Jve tionv Do we look for the monument's of oar owii history no farther baek than the glorious era of '76 ? Are we ashamed of the alchievements of our British ancestors that we have begun' to contemn their Jaws ? Who can speak or .think or Ireedoni without recollection the name ot Locke, of Hampden, and of Sydney ? Sir, 1 bcpardenlor this digression. It was forced from me by the cloud which 1 thought 1 saw gathering on the brow of the House w hen I referred to the common law ap the expositor of the American constitution. The Colonists of Great Britain brought their laws with them to America. Their Jtiew lot) id dangers. Ihe savage liirkedjfl bicovert. The forest wusjo be opened to4We Ii2iit of cultivation, ic was . . . .... i not a time, sir, tA sit down in order to deSiber-j ae and to change their laws. ,IIad they pos sessed the leisure, they had not the inclination to innovate upon the established customs and usages of their forefathers. Those emigrants who united with them, from other countries, took the laws as they found them I and, if so inclined, they had not the power to change them. . These laws, and tbe habits of thinking, from which1 they sprung, and on which the laws themselves re-aeled, ; were incorporated -.with. every political institution which they founded. The parliament of England, and the courts of Westminster, were the models or tneir legis lative assemblies, and of their judicial tribu nals.' 'Their constitution, their powers, their forms of proceeding, and their rules of decision, were sometimes prescribed ny tueir laws, put generally left to implication, from the great fountain of practical wisdom--the common law of England. . .';.. .'?;' I anneal to mv colleagues, if tliis conslitn- tion had been formed coatemporaneously with that of VSrginiaj" would not the same power to nuninh contempts attach to the - House of Ilep resentativs and'Senate of the-United States, hoUf to sit alone, 'itl it be contended that be shatlrst Imake oatlf oFbefacUaBi, the - -ie his ' rraieajphe ofl"i?irder ? i ln ihfs case' the witnesses a. member f the house by "whjim tbe Warrant if. issued A jmlge'j5 in-wbo"se!!presejice i the alleged fact oe etiited The,' Hv'ar'ranr iigelf Is issued on the " signal art' of he 'Speakc'. bu t by " the order ef th house, whose act'1('U'l.r'an'd.,Xh'er$fereV.the act also oftheinembff, on whoe i nfbjr in at jion the warrant was Issued."'!. '. ' '',''. flefare 1 close my remafks ,1 cannot forbear, noticing an observation of the honorable mov er of the resolutions on your table,, opon the precedents whieh have been so aptly and forei hly oddii'Ml, to", sustain ' the authority of the house to punish the partitular contempt which, has given Tise to this debate." It ha been contended, sir, (hat precedents are dangf.r-.us ti liberty ; that they favor the innrids of power upon the righjs of the people. - Such, I must confess, sir, is(not my doctrine. It has been eori'ertly said, by a profound judge, nml an able civilian, that the multiplicity of lews constitutes "the security -of the citizen. So, if, dm.-' the ojwltitudj! of precedents which s:tfictionc:rby Uiag8,-ppera"te vvith tbe force of law. j ' ' ' ' '..'; . f'recpdents established in good times, stay, iu disstrons il i js. thf rag? of faction, and the band of ly.o'.'iy- a Pharos erected on the mar- of a stormy sea, by the light of which the marTiKT may oqchor or steer his bark in safe- ty- ''. ": rp;:'v ; The ese of -Sanrfall, in 1 796. to which, the b.oa.irable niefober fom Gtorgia "called the at tention of the Honse. f-rcibly as i.e lad used it, wai entitled to yet l,i herespee.t, from a; CfTkr ideration whieh had not oecuired,to him. The 'iDtiorablt meifcbir slated jh;at it hadrisen, be; fe're'llie fnirnation'ofparties in our publtecoah- i' i is. lie lies certainty mistaken tlie tiistory "fthe d v. I -w as then but a boy. and am per- liaps older than tbe honorable member. I may he allowed to remind hiol of facts whieh had un important hearing in support of this prece ilftit Does the bntmnblrmember recollect no liiiag of the controversy if the aVumpsit of the slate debts, the first' Bank of the United Hiates, the ratification of the British treaty, no thing; of the attempt to impeaeh Alexander iamillon ; nothing of thp32 anery passions which in thns days hook'! the, administration of Washington to its 'foqndition ? JMr. For -y(h explained. He ref rred, he said, to the divrittm of parlies bv their present names lr. Alercejprooeedpd : a member , whiipers In iiu'-, t hat lliey- were called federalists and an-li-IVdernlists.J( 'This denomination, sir, Was ap plied at an earlier day than that of which I iiovvUpeak. -.The' titl" of democrats, succeeded, ti tlial of anti-ft;lern4i't. and republican to this again. Ye, tad Mr, Mercpr, the led. ralists allowed themselves to he outwitted in yielding the ppHlar title to their opponents: a promi nent cause, 1 have no doubt, of their ultimate discomfiture. . ' , ' 1 have not called the attention of the House and,' but for the express grant of l!ie;n by thoj (ft .,his topic in order to revive unpleasant re people il rngbt Have been doubted w'i"thrr ;Pftte. iioI.gj but fur a more legitimate au'd use the character of our repnblieaii instiiut..s did . pUri,r.ge. pen in the times of party dis notfurbid their cxyrcise. in line, .these fi-, s.-ntion, aal political animosily, 78 members melted pnvile-es pro-tect the member oi this, vot)Mi ja support or hat authority of this IIoue, against tne c;.ip.!on and deare.r rigids J House, which is now questioned, and 17 only oi thevfinzpn tlie lights U- properly and against it : while the majority were equally omit a t .nil 'Tit- nptvii-'fA f'r v!i..mi i imn. l "I'll . . i tend, would protect the'Ji'juse from their in; if this amendment had not oi le consvitutin, Congress. wrmld'.JVive pro- ted prj v i It- e s a re 1 1 m 1 1 ail o n s juries, froin-traud, violence aud iitstice It caiiiioi tie justly: inlei ru, lliereioi e, - that the ;eniimeration ot these privileges exelndes the 'constitutional exercise of all others. The constitution vucii pad sought to enumerate these, must have been safislied with general terins of vague sighilieation, or proceeded to dn enumeration of particulars, which no con stitution ever did attempt to embrace. If if is adiuittedf'aatl4icems;lo be generally conced ed, that the House has power to pun. sh con tempts committed againsv its peace and digni ty witlun this Hall ; then the object of, the supposed enumeration totally faih, and, with it, this pretended limitation to the authority of tbe House, to punish contempts wherever they I will not unnecessarily: consome the time o the House, in endeavoring : to prove, that an aucuiitiu buimjii vug ui na iuciiiuci s, " iiii3 'i- gaged in the discharge ' of his duties, is a ' con tempt oi its authority and dijrmty. Tbe Hon orable member from Georgia,. in an early stage of tins debate, and the arentlemen who have since followed liim, have eftmpletely occupied .1 J . . '-.i ' . ' ... 1 mis gruuou j nor uas u oeen contended Dy a oy of our opponents, that such would not beT a contempt of the House of Conimonf I hasten, therefor, to enquire, whether this House has proceeded legally in the arrest of the prisoner ? Tim honorable memberXfrouiT New Hamp shire, will, on-examination,perceIve, that the at unquestionably belongs to the corresponding -Jpa?l(?irfc arrest, ilnpt he contended, divided between the two rival parties. A precedent, entitled to biclier confidence, could not be addrced. It is a precedent, too, , directlvin point: establishing not only the ' general authority of the House, to punish con- - tempt, but a contempt .of the same species with that which has occasioned this debate. ' . Mil. '.SPENCER'S SPEECH . ., Mr. iSijcnrerJ of N. Yoik, observed, that in submitting the resolutions which had been read, his object was to procure a decision of , the, House oiilhe abstract question of its right" to proceed in the case of c!. Anderson. Hehad'of- fered them in this stage . of proceedings, be cause iio opportujiity bad yet been given to take the sense of Jhe Hsuse; ifnd with a view " alVoof.peyentin the influence of those feel ings' which .te demerits of the case might ex eite,3 pro Jucw a decision that calm and de liberate reasoa jnight not sanction. ( It was .. more conrs,tent e'so, m'ith the digiily. of the House, ifiat 'Iioqld retrace its proceedings,. , if they ,'error g, from our own impulse, ra-, rt ther than He eompelled to do io4t the motion, of thee.eoed orchis counsel. . t , . .. Mr; a. anquivocally condemnea uie cooduet of the accused j and his indignation atthe enor ; mity of the offence had, he confessed ctrHed' t him ton ar in endeavoring to punish it.- The . only ..apology I have io offer, said Mr. S.( is to' ' be found in "that universal burst tof feelings which spreadJl hrough the house on the disclo 4 sure of the base (transaction. But time lor reflection has succeeded to t&e impetuousity of '-
The Raleigh Minerva (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 30, 1818, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75