« ForrigeFortsett »
rule there followed, the power of imprisonment Kay, McKennan, Mercer, Milligan, Newton, did not extend beyond the session ; and he de- Pearce, Pendleton, Polts, Randolph, Reed, nied that the power of punishment in that House Root, Russel, Semmes, W. B. Shepard, Slade, could extend a moment farther; yet here it was Southard, Spence, Stewart, Storrs, Sutherland, sought to extend it to the life of the accused. Taylor, Tompkins, Tracy, Vance, Verplanck, After speaking in very high terms of the gene- Vinton, Washington, Watmouli
, Wilkin, E. ral characier of Mr. Houston, Mr. C. concluded Whitelesey, F. Whittlesey, Wickliffe, Williams, by urging the House not to push their powers Young.-90. too far, or they might bring the matter to a NAYS—Messrs. Alexander, R. Allen, Ander. place which they did not wish it to reach. son, Angel, Archer, Ashley, J. Bates, Beardsley,
Mr. COKE denied that the power which the Bell, Bergen, Bethune, James Blair, John House ,had exercised, was borrowed from the Blair, Bouck, Bouldin, J. Brodhead, J. C. practice of the British Parliament. The power Brodhead, Bucher, Burd, Cambreleng, "Carr, it claimed was a natural right, and those rules, Carson, Chandler, Claiborne, Clay, Clayton, from the benefit of one of which it was now Connor, Craig, Crawford, Davenport, Dayan, sought to exclude the accused, were the fruits Dewart, Doubleday, Drayton, Duncan, Fitzof its own legislation, made without ihe aid ei. gerald, Ford, Fosier, Gaither, Gilmore, Gore ther of the Senate or the Executive. No man don, T. H. Hall, W. Hall, Hammons, Harper, who read the constitution could deny the right Hawes, Hawkins, Hoffman, Hogan, Holland, of the House to prevent an individual from Horn, Hubbard, Ilirie, Jarvis, Jewett, R. M. walking on the outside of that bar. After some Johnson, C. Jolinson, C. C. Johnston, Karafurther remarks, Mr. C. concluded by contend. Dagh, J. King, H. King, Lamar, Lansing, Lea: ing for the propriety of the exclusion of the ac. vilt, Lecompte, Leni, Lewis, Lyon, Manu, cused. That individual had walked round the Mardis, Mason, McCarty, W. McCoy, Scintire, House, ready armed, to attack one of its mein- T: R. Mitchell, Muhlenberg, Newnan, bers, and had been heard to delare, within a Nuckolls, Pierson, Pitcher, Plummer, Poll, E. few yards of the Speaker's chair, “that he C. Reed, Rencher, Roane, A. H. Sheppend, would right the wrong wherever given, though Smith, Soule, Speight, Sandifer, Stephens, F. it were in the court of heaven." He thought Thomas, P. Thomas, W. Thompson, J. Thom. he should not have an opportunity of repeating sun, Ward, 'Wardwell, Wayne, Weeks, Wheelthe offence.
er, Worthington.-101. Mr. CRAIG followed, briefly, in deprecation The resolution, as amended, was then agreed of the proposition to exclude the accused. to by the following yote:
Mr. BLAIR said, he had hitherto voted a. YEAS-Messrs. Adams, C. Allan, Allison, gainst the accused, though his personal friend, Appleton, Armstrong, Babcock, Banks, J.S. because he thought he had been guilty of a Barbour, Barnwell, Barringer, Barstow, I. c. breach of the privileges of the House; but He Bates, James Blair. Briggs, Bullard, Burd, could go no farther; he could not vote for the Burges, Cahoon, Choate, Coke, L. Condict, S. proposition of exclusion. He thought enough Cundit, E. Cooke, B. Cooke, Corwin, Coulter, had been done to sustain the character of the Crane, Crawford, Creighton, Damel, 3. Davis, House, and the vindication of its rights ; and Dearborn, Denny, Dewart, Dickson, Doddridge there were circumstances in the case, which Duncan, Ellsworth, G. Evans, J. Evans, E. made it improper that any thing more than a Evereit, 11. Everet, Felder, Grennell, Grifin, nominal punishment should be awarded to the Heister, Hodges, Hughes, Huntington, Ibrie, accused.
Ingersoll, Irvin, Jenifer, Kendall, Kerr, Letch Mr. CLAYTON briefly followed on the same er, Marshall, Maxwell, R. Mcroy, McDuffie
McKay, McKennan, Mercer, Milligan, Newton, Mr. BURD contended that the House bad Pearce, Pendleton, Potts, Rindolph, J. Reed, not the power to exclude the accused from the Rencher, Russel, Semme, W. B. Shepard, A. four for a longer period than the duration of H. Shepperd, Slade, Smith, Soutbard, Stewthe present session, and was therefore opposed art, Storrs, Sutherland, Taylor, Tompkins
, to the proposition. He thought the punish. Tracy, Vance, Verplanck, Vinton, Washing ment already ordered fully sufficient. ton, Watmough, Wilkin, E. Whittlesey, F.
The question was then taken, and the pro. Wittlesey, E. D. White, Wickliffe, Williams position to exclude from the floor was nega. Young: -96. lived.
NAYS-Messrs. Alexander, R. Allen, Anas YEAS-Messrs. Adams, C. Allan, Allison, Ap- derson, Angel, Archer, Arnold, J. Bates, pleton, Armstrong, Arnold, Babcock, Banks, J. Beardsley, Bell, Bergen, Bethune, Jolin Blair, 3. Barbour, Barnwell, Barringer, Barstow, 1. Bouck, Bouldin, J. Broadhead, J. C. BroadC. Bates, Briggs, Bullard, Burges, Caloon, head, Bucher, Cambreleng, Carr, Carson, Choate, Coke, Collier, L. Condict, s. Condit, Chandler, Claiborne, Clay, Clayton, Craig, E. Cooke, B. Cooke, Corwin, Coulter, Crane, Davenport, Doubleday, Drayton, Fitzgerald
, Creighton, Daniel, J. Davis, Dearborn, Denny, Ford, Foster, Gaither, Gilmore, Gordon, T. Dickson, Doddridge, Ellsworth, G. Evans, E. A Hall
, W. Hall, Hammonis, Harper, Hawes, Everett, H. Everett, Felder, Grennell, Griffin, Hawkins, Huffinan, Hogan, Holland, Horn, Heister, Hodges, Hughes, Huntington, Inger- Hubbard, Jarvis, Jewett, R. M. Johnson, C.C. soll, Irvin, Jenifer, Kendall, Kerr, Letcher, Johnston, Kavanagh, A. King, J. King, Lamar, Marshall, Maxwell, R. McCoy, McDuffie, Mc Lansing, Leavitt, Lecompte, Lent, Lewis,
Mann, Mardis, Mason, McCarty, W. McCoy, sion which the House bad come to upon the
, Stephens, F. Thomas, P. Thomas, him the most unexceptionable mode of doing retini
W. Thompson, J. I homson, Ward, Wardwell, that which the accused had an undoubted right
Mr. POLK presented to the House the origi- should not pronounce its judgment on him.
nals of the opinion of the members of Gene Mr. ARCHER said, it was a matter of perfect 21, 1nt
mal Washington's cabinet on the apportionment indifference to the accused whether the paper bill of 1792, which he said he had obtained was received or not, since he would have an from a gentleman of Boston; they were order- opportunity of speaking its contents when ed to be printed.
brought to the bar of the House, unless it was The House then, at nearly 11 o'clock, ad- meant to extend the privileges of the House so journed till Monday
far as to deny the accused a right which would
be allowed him before any tribunal in the land. Mondar, Mar 14.
It was, indeed, beyond the power of the House The time having arrived for General Honston to prevent the contents of that paper from to be conducted to the bar to receive the judg- being known to the community, who would ment of the House,
judge of the propriety of their conduct who Mr. ARCHER, on behalf of the accused, ten had denied its being read in that House. dered a paper for perusal, and moved that it be Mr. BOON asked for the ayes and noes, read. He observed, that Mr. Houston was of which were ordered, but not taken, as opinion, that he was entitled to state, orally, Mr. BARBINGER withdrew his objection. why judgment should not be pronounced a. Mr. VINTON asked whether, if this paper gainst him, but preferred submitting his remarks were received it would be entered on the jourin writing. The paner was couched in respect. nal.
ful terms, and the accused wished it react prior The SPEAKER said, not unless it should be M
to his appearing at the bar for judgment. so ordered by the House.
Mr. BURGES and M. EVERE IT, of Mas. M. ARCHER said, it was intended to follow sachusetts, severally asked for information as tolap the mution to read, by a motion 10 enter 10 the contents of the paper.
upon the journal. Mr. AKCHER said, he would very briefly The paper was then read. comply with the request of the gentleman from To the Honorable the House of Represenlatives Rhode Island. The accused individual knowing that that was the hour when he was to be
of the United States. brought to the bar to receive the judgment a
The accused, now at the bar of the House, warded by the House, had presumed hat when asks leave respectfully to state, , called to the bar it,was part of his constitution.
That he understands he is now brought be. al privilege, as a citizen, 10 state to the House, fore the House, to receive a reprimand from in respectful terms, some considerations, in the the Speaker, in exécution of the sentence pro way of protest, not against the propriety of the nounced upon him. House punishing at all, but against the pecujar
Was lie io submit in silence to such a sen. mode oi punishment which it had thought pro-tence, it might, imply that he recognised the per to adopt. The accused had, however,' be. authority of the House to impose it. lieved it would be more respectful to express
He cannot consent that it shall be thus im. those considerations in writing, and to present plied. He considers it a mode of punishment them to the House, before being brought to the unknown to our laws, and, if not forbidden by bar. The paper was couched in the most re. the prohibition of the constitution against " unspectful terms, and contained only those consi. usual punishments,” yet inconsistent with the derations, which he believed he had a constiiu. spirit of our institutions, and unfit to be inflicttionel right to submit, orally, at the bar. After ed upon a free citizen. the House had heard the paper read, it might
He thinks proper to add, in making this detake such order thereupon as it might deem clarajion, that he has been unwilling to trouble proper.
the House. Mr. BARRINGER objected to the reading of
That though he believes the whole proceed. the paper. He understood it to be presented
ing against him, as well as the sentence he now from the accused, as a sort of protest against objects to, unwarranted by the constitution of the judgment of the House.
his country, yet circumstances may exist to
Without a single justify or excuse a citizen in determining (as he vindictive feeling against the accused, he (Mr. passed, that there had been extended to the tience, whatever the House may think proper B., felt it his duty to state, after all that had has done on this occasion) to suffer in silent pa
to accused all the lenity, and courtesy, and every
SAMUEL HOUSTON. manifestation of respect which was possible.-He had, both by himself and his counsel, pro
Mr. ARCHER then moved, that when the tested against the proceedings of the House, accused was brought to the bar, he should be and pleaded against ils jurisdiction ; it was, in allowed to tender that paper to the House, and his opinion, asking a little too much, to ask that its contents, as part of the trial, should be leave at this time, to protest against the conclu-l entered on the journals of the House.
Mr. EVERETT suggested that the motion I am prepared to trust, not doubting, that had should be divided, as to that part relative to you at the time, considered the act of violence the entry on the journals.
which you have committed in the light in which Mr. ARCHER so modified his resolution, and it has been regarded by the House, you would it was agreed to.
have been spared its disapprobation and cenThe accused was then conducted to the bar sure, and I, the duty, of declaring to you, the by the Sergeant-at-Arms, and in pursuance of result of it. the permission granted by the previous resolu. I forbear to say more, than to pronounce the tion, submitted this paper to the House. judgment of the House, which is, that you have It was again read by the clerk.
been guilty of a high breach of its privileges, The SPEAKER then addressed Mr. Houston, and that you be reprimanded therefor at its as follows:
bar by the Speaker; and in obedience to the SAMUEL HOUSTOX:
order of the House, I do reprimand you accordYou have been charged with a violation of ing!y. the rights and privileges of the House of Re. You will now be conducted from the bar of presentatives, in having offered personal vio- the House, and discharged from the custody of lence to one of its members, for words spoken the Sergeant-at-Arms. in debate! In exercising the bigh and delicate Mr. HOUSTON was then conducted from power, of ascertaining and vindicating their the bar. own privileges, the House bave proceeded On motion of Mr. ARCHER, the paper of. throughout this investigation, and in relation to fered by Mr. Houston, was ordered to be en. your individual rights, with all that deliberation tered on the journal of the House. and caution which ought to characterize the Mr. 'STANBERY then asked the consent dignified and moral justice of such an assembly of the House to offer a resolution.
You have been heard in person in your de. An objection being made, Mr. STANBERY fence; you have been ably and eloquently de- tated the substance of the resolution. It was fended by eminent counsel, and every facility for the appointment of a Select Committee, to afi'orded you, to place your cause fully and inquire whether the late Secretary of War, Mr. fairly before the House, and to urge upon its John H. Eaton, had offered a fraudulent con. consideration, matters of principle as well as tract for the supply of rations to the emigrating fact, in explanation and" justification of your Indians, and whether General Houston had en conduct.
deavored fiaudulently' to obtain such contract. Whatever the motives or causes may have Mr. STANBERRY moved to suspend the been, which led to the act of violence commit. frule, and upon this, asked for the yeas and ted by you, your conduct has been pronounced nays, which were ordered. by the solemn judgment of the House, to be a The rule was suspended, ayes 169, noes 13. high breach of their rights and privileges, and Mr. STANBERY then presented the resoto demand their marked disapprobation and lution. censure.
Mr. CARSON adverted to the practice of If, in fulfilling the order of the House, I were the cliair to appoint the member moving for a called upon as its presiding officer, to repri- select committee, to the station of head of it
; mand an individual, uneducated and uninform- and suggested to the member from Olio, (Mr. ed, it might be expected, that I should endea- STANBERY,) whether considering the peculiar vor, as far as I was able, to impress upon him, situation in which he was placed, it would be the importance and propriety, of 'seducusly in accordance with his feelings to serve on the guarding from violation, the rights and privi- committee. leges secured to the members of the House by Mr. STANBERRY said, he did not know our invaluable constitution; but when address that he stood in a position which could di-qualing a citizen of your character and intelligence, ify him as chairman; be owed no malice to the and one who has himself been honored by the accused; and should feel graiified if circum. people with a seat in this House, it cannot be siances should so turn out as to enable him lo' necessary, that I shonld add to the duty en- pronounce the accused parties innocent of the joined upon me, by dwelling upon the charac traud charged. ter or consequences of the offence with which
Mr. POLK said, he hoped the resolution you have been charged and found guilty. would be sustained. " He had, on a former oc.
Whatever has a tendency to impair the free-casion, announced his intention to present a dom of debate in this House,'a freedom no les similar resolution; and he should have done so. sacred than the authority of the constitution it- if the member from Ohio had not. He was in self, or to detract from țhe independence of duced to do tbis, not only as dụe to the admin. the Representatives of the people, in the right- istration, but to the American people. He ful discharge of their bigh functions, you are hoped it would be cheerfully sustained by the no doubt sensible, must in the same proportion, House; and he was convinced that no barm weaken and degrade not only the legislature of would result to the characters of the parties the nation itself, but thc character of our free implicated in the supposed fraud. institutions.
Mr. CARSON said, it was due to the memYour own mind will suggest to you probably ber from Ohio, to say that he did not impute more suitable reflections, than any thing which any thing as to his motives. He bad merely I can say, cuuild convey. To those reflections, suggested that it could hardly be consistent
Mr. BOON moved to amend the resolution whose authority, under this Government of by referring the investigation to the Committee laws and constitutions, he would never bow. on Indian Affairs.
The letter assailed him, por for an act done in Upon this, Mr. STANBERY asked for the his individual capacity; but for a duty performyeas and nays.
ed, and a right exercised, clearly and incontesMr. HAWKINS moved to postpone the sub-tibly within his official competency as a memject to the 10th of December next.
ber of that House. Mr. REED, of Massachusetts, called for the Here, the SPEAKER interrupted Mr. C., and yeas and nays on this proposition.
requested him to reduce his motion 'o writing; Mr. CLAY, of Alabama, suggested to Mr. which having been done, Mr. C. continued. Hawkins to withdraw his motion. It was the Personally, Mr. C. said, he had no wishes anxious wish of many gentlemen, and of him or desires to gratify in pressing The motion; he self among them, that the investigation should considered it a matter in which the members of be proceeded in.
that House, and through them the American Mr. HAWKINS assented, stating that he had people, were exclusively interested. Viewing offered it only from a belief that at this late pe fit in that light, and premising that he did not riod of the session it was impossible to go come here to vindicate his own rights, or the through with the investigation.
rights of his constituents, by a resort to the vioThe question recurred on the amendment lence of arms, but by a faithful and unintimidatof Mr. Boon to refer the subject to the Commit.ed discharge of his duty upon this floor, he lee on Indian Affairs, upon which the yeas and felt bound to present this matter to the House, nays were ordered and taken, when it was neo as well to apprise its members of the system by gatived, ayes 55, noes 125.
which we were surrounded, as to make known Mr. BLAIR, of South Carolina, moved to to the people of this Union something of the. amend by adding the following words, and condition in which their representatives were that said committee be appointed by ballot of compelled to legislate upon the great and mothis House."
mentous interests of our common country. The amendment was negatived, and the ori Mr. LAMAR objected to the reading of the ginal resolution was adopted.
papers. The committee was ordered to consist of Mr. COOKE thereupon moved that the rale seven members,
be suspended; on which question Mr. COOKE, of Ohio, rose in his place, and Mr. DODDRIDGE demanded the yeas and said, that he held in his hand a note under date nays. of May 12th, 1832, signed by E. S. Davis, one Mr. DICKSON said, that he understood that of the witnesses who had testified on the late the letter was brought forward as connected trial of Samuel Houston, which had been de- with ihe privileges of the House, and he'suglivered to bin since the last adjournment, by a gested whether, in that case, it would come person representing himself to be Alexander within the ordinary rule concerning the reading Dimitry, of Louisiana, as the friend of sad Da- of papers. vis, which, together with a statement of facts Mr. WICKLIFFE suggested to the gentle. connected with it
, he asked leave to send to the man from Ohio, whether a better form of introchair, and have read for he information of the ducing :his subject would not he by addressing House.
a letter to the Speaker? In submitting this request, Mr. C. said, he Mr. COOKE said, he had already stated the wished it distinctly understood, that, without substance of the case verbally, and did not waiving any of his legitimate rights, or intend think that necessary. ing o compromit, in the slightest degree, the
Mr. LAMAR withdrew his objection to the constitutional powers of that body, it was nev. reading: ertheless nut his purpose, individually, to claim
Mr. MERCER insisted that the paper be the institution of any proceeding whatever, read. on his own account, upon the subject matter
Mr. POLK ubjected. of that communication. Such had not been his Mr. ARCHEŘ remonstrated, and requested molives in presenting this matter to the House; Mr: P. to withdraw his objection. his personal rights formed no part of the object. The CHAIR now pronounced the motion to by which he was governed. Other and high-be in order, inasmuch as it related to a breach Er motives prompted him to this step-motives of privilege, and was therefore a privileged which, uverlooking every consideration of per question. tonal teeling and personal security embraced in Mr. THOMPSON, of Georgia, insisted that ibeir regard, the very existence of that body-the motion should be put in writing the inviolable rights of the people of this coun
Which having been done, try, and the dignity and honor of this nation." The question on the reading was put and
The letter itself, he said, he understood was carried, and thereupon the letter from Dr. Da. in the usual form of an original process in that vis, together with a written statement by Mr. court, where, by a certain strange code, the COOKE, of the circumstances connected with rights and honor of suitors were lost or won by it, were read at the Clerk's table, as follows: the pistol or the dagger-a tribunal whose ju.
Brown's Hotel, May 12, 1832. risdiction be liad never yet acknowledged; in Hon. E. COOKE: whose practice he was uninstructed, and before Sir: During my examination before the
House of Representatives in the case of Gen another, including the bearer of his letter, Ales.
Mr. JEWETT conceived then that they
E. S. DAVIS. questions propounded to Dr. Davis by, Mr. In connection with the foregoing note, I sub-Cooke, of Ohio. mit the following statement:
Ir. COOKE vindicated the propriety of the On the trial of Samuel Houston for an assault interrogatory; it bad been propounded while on a member of this House, which has just ter- the witness was under cross examination. Er. minated, a person by the name of E. s. Davis, ery lawyer laust admit at once, it was fairly was examined as a witnogs on behalf of the ac. within the rule. Its object had been to elicit cused, and, on his cross-examination, I pro- the degree of intimacy, and the identity of ob. pounded to him s-veral interrogatories. After ject and pursuits between Dr. Davis and Mr. he had left the stand, and while on the floor of Houston, and thence to bring home upon Dr. the House, he said, apparently referring to my. Davis the fact, if it existed, of his having par self, and in a tone of nienace that there will ticipated in the outrage upon Mr. STASBERT. be another hauled up here soon."
16 was an every day practice in courts of law, On Saturday last ihe accompanying note was and the interrogatory, before it was propound. handed me by a person calling himself Alexaned; had been approved by older and wiser der Dimitry. To the persons, character, and heads. than' his. Indeed the same practice calling of these individuals, I am an utter had been sanctioned in more than one instance, stranger.
during the same Arial. The House had inquirHad I considered this a mere personal matter, «d into the object of Luther Blake's visit to the I should have passed it by, without his notice; city, and also of his departure from it, and 10. but all the circumstances of the case do, in my body had objected to those interrogatories as opinion, preclude the idea that it is so, And irrelevant. Mr. C. disclaimed all knowledge connected, as this is, with other instances of of Dr. D. and all personal hostility towards attempts, by menance and violence, to overawe him. Such a feeling had not been indulged, the members of this body, and curb the freedom and should not be impuled to him. The interof debate, I have thought it my duty, in behalt rogatory had been propounded after full delib. of the American people, and especially that eration, not with a view of doing injustice to portion of them whom I represent, to present the witness, but to elicit facts having an im. this matter to the House. E. COOKE, portant bearing upon the investigation then he
Representative from Ohio. fore the House. Nothing short of incapacity May 14, 1832.
to judge, or blear-eyed parly prejudice could
have discovered any thing irrelevant or improper Mr. CRANE, of Ohio, moved the following in this interrogatory. That letter,in connection resolution:
with the facts which accuinpany it, Mr. C. said, Resolved, That the communication of the Hon. could be regarded in no oth light than a part E. Cooke, a member from Onio, be referred of the system of inenace and intunidation, reto a Select Committee, consisting of seven cently introduced at the metropolis
, 10 arraign members, and that saill committee have power the representatives of the people, before an to send for persons and papers. Mr. C. referred to the former modes of pro- manner in which they discharge their public
unauthorized and irresponsible tribunal, for the ceeding adopted under tļie like circumstances, duties, add to overawe and crush the freedom viz: by arrest, by suinmons, and by committee of discussion in that House. It had not been, He had concluded the last inode the most fit on therefore, his purpose, ut C. repeated, 10 the present occasion.
present this subject for his own protection. He Mr. BOON moved to lay the papers on the bad indeed felt great reluctance in troubling table, there, as he said, to sleep the sleep of the House with any matter relating to trasell
however important to the people in its bearing On this motion, Mr. VINTON demanded the upon the freedom anių independence of the de yeas and nays.
liberations of their representatives. But in Mr. COOKE, of Obio, asked to be excused making them 'acquainted with this matter, he from voting.
had been impelled by an inperious sense of They were ordered, and, being taken, stood public duty. His design bad been limied by as follows: yeas 73, nays 96.
a desire only to apprise the House and the So the motion of Mr. Boon was rejected. country, of the state of things by wisich we
Mr. JEWETT moved to amend the resolu-were surrounded, with the view to the, uldi. tion by adding that the committee report whe-mate adoption of some generul system for the ther the said Davis, in sending the letter, has protection of the honor and the lives of those committed a contempt and breach of the pri. who were assembled here; and whose days and vilege of this House.
nights were laboriously deruted to the public Mr. CRANE accepted the modification with service. This had been the extent of his origi