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FEB. 4, 1825.]

The Speaker's Appeal to the House.

[H. of R.

false, as the gentleman himself appears to anticipate, by sending forth the authentic refutation, that the people of this country will be satisfied. This alone will allay the excitement. The people have the highest confidence in their representatives, and this course will confirm that confidence.

from it. I said that it had ceased to be dangerous: that its corruption was so great, that a charge against a public man could not be met by him, in the press, without -self-degradation. It is not the danger of the press that I deprecate. I wish it were more dangerous than it is; and that every charge made against a public officer should compel that officer to appeal to the press. At But, sir, the gentleman resists the inquiry upon anothpresent, on the contrary, an individual gives currency er ground. The freedom of the press will be invaded by and color to any charge against him, by appealing to the pursuing it! There is not the shadow of reason for the press. This he considered a great misfortune, and deep-apprehension. He treats it as if the printer or the wrily regretted it but such was the fact.

Mr. M'DUFFIE said he was happy to be informed that he had misunderstood the gentleman, and hoped that no gentleman in the House entertained such a sentiment as that disclaimed by the gentleman from Georgia.

Mr. FULLER, of Massachusetts, rose to offer a few observations upon some of the grounds taken by the gentleman from South Carolina, (Mr. M'DUFFIE.) He concurred with him in the conviction, that the allegations in the letter, which had been published in the Philadelphia newspaper, were utterly groundless; that conviction, Mr. F. believed, was universal, or nearly so, among the members of this House. Were it not so, he could not doubt that every member, who really believed in the existence of such corrupt bargaining, as the letter alleged, would promote the proposed inquiry. He was convinced that those who now opposed the investigation, did so with the belief that no such corruption existed. Had the charges been confined to anonymous publications in the newspaper, I would not, said Mr. F. have given my vote for the inquiry sought. But, when the member from Pennsylvania stands up voluntarily in his place, and reiterates the charges by adopting the letter as his own, I think the House is bound to treat it in a different manner; Isay voluntarily, for there was no color, as far as I could discern, for the suggestion of the gentleman from South Carolina, that he was surprised or intimidated into the course he took.

ter of the letter were arraigned at our bar for the publication, as a contempt of the House. No such thing is proposed. So far from the liberty of the press being menaced by the proceeding, it in fact affords the press the means of effecting its professed object. This object is presumed to be, as it professes, the promulgation of truth for the prevention of mischief. Instead of arraigning the printer at our bar, we forthwith institute an inquiry, and, if the publication is proved, the remedy will be complete and the object be attained. Even if found to be false, the printer remains untouched; nay, the writer of the letter, a member of this body, incurs no personal danger; unless, indeed, it should appear, which I do not believe, that the publication was made maliciously, with a knowledge of its falsehood. To suppose this, or to indulge a belief that a base conspiracy exists to affect the approaching election, by spreading abroad rumors of bargains and intrigues between any of the candidates and the members, by whom the election is to be made, would imply a want of candor, which Mr. F. said he freely disclaimed.

Believing, therefore, Mr. F. said, that the charges were so presented, and were of such a nature, that if sustained, the House might proceed to punish the guilty, whoever they might be; and if not sustained, that the speedy and authentic declaration, on the part of the House, that they were groundless, would quiet the anxiety and dissipate the jealousy engendered by false surmises and groundless rumors, through the community; he could not but hope the Committee would be appointed.

Mr. LIVERMORE, of New Hampshire, then observed, that he was not going to trouble the House with a long speech. He would only make a few remarks, which he hoped would have a tendency to shorten, rather than prolong the debate. What, asked Mr. L. is the subject before the House? A member of the House has presented to it a complaint. About what? That his privilege is endangered. If that is not the subject before us, then there is none. But this, surely, has no necessary connection, either with the Presidential election, or the liberty of the press, or the freedom of the people.

Charges thus deliberately made on this floor, by a member of the body, against a member distinguished as its presiding officer, of having corruptly transferred his vote and his influence to defeat the will of the people, and betray the interests of his constituents, the honorable gentleman from South Carolina tells us cannot be legitimately investigated by this House, because the result of such investigation can lead to no “constitutional act" on our part. Surely, the position of the gentleman cannot be sustained; if it could, I might agree with him in opposing the commitment. But, sir, if the charges are proved, I am confident that a remedial power exists in this body. It can perform a "constitutional act," by the expulsion of the person upon whom He believed that the liberty of the people, and of the the stain of corruption is fixed. Nay, sir, instead of press, had generally gone hand in hand together. Every deeming the present time improper or unseasonable, in member of this House, has certain privileges, and these my opinion it is the very moment when it becomes us to privileges must be vindicated, or the government must act with promptitude and energy. The public excite-be prostrated. A member says his privilege is invaded. ment, which gentlemen so much deprecate, can be repressed in no other way. An election by this House is at hand, in which the whole nation takes a lively interest; in conducting which it behoves us to act with such fairness and independence, as to defy malice and repress suspicion; innumerable letters have gone abroad, and some of them been published, fraught with charges of corruption in our body. A member, in his place, avows himself ready to prove the charges contained in one of the most outrageous of them; and how does the gentleman propose to allay the public excitement? Why, by stifling the inquiry, by suffering the charges to go abroad--to extend through the community--to gain the ear of the public, without any such contradiction as can counteract the poison! No, sir; this can never allay the excitement or prevent the mischief.

It is only by adopting the severest scrutiny into the - truth or falsehood of the charges, and if found to be

Shall we

What is to be done? Mr. Speaker, I think we are in
the straight course. He has demanded that the charges
against him, may be investigated. Shall we forestall the
committee who is to investigate them? Certainly not.
First appoint your committee. Let them report, and
then will come the hour of debate, not now.
say, that we will not allow a committee? Is it not our
every day practice to grant committees?
To grant
them on almost any and every subject? It is the daily
routine of the House. Mr. L. concluded by appealing
to the candor of gentlemen, whether they ought not to
forbear debate until the committee shall have reported.

Mr. RANKIN, of Mississippi, said, that he regretted exceedingly that there should be any occasion supposed to exist for the House to investigate the charges which had been preferred, and he should regret much more, if, from any cause whatever, the House should be led to compromit its own dignity, either at this, or at any other

1

H. of R.]

The Speaker's Appeal to the House.

[FEB. 4, 1825.

The prece

time. He had listened with attention to the present de- being more or less influenced by our act. bate. He had examined the nature of the charge which dent is dangerous. Mr. R. thought that it was not the gave rise to it, and the result of his deliberation was, duty of Congress to seize on a publication and take it that it was neither necessary, nor proper, to appoint any out of the ordinary course of investigation. In the present committee to investigate them. He had attended par- case he felt perfectly impartial-he knew no difference ticularly to the member from Georgia, who had introduc- between the Speaker and the gentleman from Pennsyled the present motion. He alleges that the House may vania; he could not sit down, however, without observ. send the communication of the Speaker to the commiting that the present was an inauspicious moment for tee, without exercising any jurisdiction in the case. But surely, it ought not to institute an inquiry unless after it has inquired-is it competent to act? He deprecated the effect of this inquiry on the community.

going into such an investigation. It was practically impossible to separate the question from the great contest which was just approaching.

Mr. STORRS, of New York, said, that, in his judg He thought it was best to leave the matter to the ment, the subject before the House was to be viewed in courts of justice. If, indeed, this were the only tribunal two aspects-the one of which regarded the reputation to which the accused member could resort, he should of the individual member accused, the other concerned feel inclined rather to stretch the powers of the House the character of the House itself. He should not hesithan not afford him the investigation he desired. But tate to say that, in the first aspect, he thought the House such was not the case. The ordinary judicial tribunals should always exercise their discretionary power to the of the country were as open to that member as to any most liberal, and, perhaps, generous extent. He should other person, and he might vindicate his character there. be ever jealous of the honor of its members, and, whenThe case of the last session, which had been brought as ever asked to interfere, officially for its protection from a precedent, had, he thought, no analogy to the case calumny, which affects them in the discharge of their now before the House. These charges had been brought duty here as representatives, should not be scrupulous by a person appointed to act in a diplomatic character, in granting an investigation of the charges. I would, in against an officer of the Government high in place, and the first instance, said Mr. S. go so far as generally to the charges related wholly to his official acts. No such permit any gentleman here to be his own judge in a case is now presented. The charge is made against the matter which thus affected his own honor; and, if he Speaker, not as an officer of this House, but merely as a deemed an investigation necessary to his vindication, member of it, and not for official acts, but for acts of a grant him an inquiry. He would not express an opinion personal nature altogether. The Speaker possessed a on the matter now before the House, so far as any one double capacity, both as an officer of the House and as a might be concerned as an individual, for it had now asconstituent member of it. As an officer of the House, sumed a character which involved the honor and purity he was entitled to its protection. He was not now as- of the House. It is no less a question than whether sailed as its officer. There might, indeed, occur a case we shall vindicate the House itself, from the imputation in which the Speaker of this House might be accused of direct bribery. If the character of its presiding offiof some great crime against the laws of his country, and cer is concerned, and if that seat is even suspected to the accusation might be accompanied with such strong have been tarnished with dishonor, and we deny the presumptive evidence of his guilt, that it might be the most rigid inquiry, the public confidence in us will be duty of the House to interpose at once. But, in this forfeited. It is impossible to conceal, and useless to discase, the Speaker was no more than any other member. guise the fact, that, in every thing which concerns the What would be the nature of the precedent, if it should interesting question which has devolved on us at the be set? A member is charged, in a newspaper, with present session, the public eye is upon this House. The certain political offences. He immediately appeals to People of these states look to it as they should, with the the House-(and here, said Mr. R. let me remark, that most intense interest. We may expect the severest all the members from the West have equal, if not greater scrutiny of all which transpires here. I fully accord, reason to appeal, than the Speaker,) and the House said Mr. S. to the general views expressed a day or two grants the investigation-what will be the practical ef- since on this point, by an honorable member from Pennfect? This House will be made a tribunal before which sylvania, (Mr. BUCHANAN.) The people will demand any charge, in any newspaper, in any part of this Union, that no mystery shall shelter the conduct of their repreis to be brought, that its truth may be investigated.-sentatives from the public eye-that, if corruption and Why, sir, how will our time then be occupied, or what portion of it do you suppose will be left for legislation? The gentleman from South Carolina, (Mr. M‘DUFFIE,) alluded, and very properly, to the sedition law. The Constitution declares that "Congress shall make no law abridging the freedom of speech or of the press."

intrigue should be suspected to exist, it shall be dragged from its lurking places-that, if light is demanded by our constituents, inquiry shall be had-full, perfect, and severe inquiry.

What, then, is the true character of the matter to which it is now proposed to extend the interposition of What, asked Mr. R. was the intention of the framers of the House? It was stated in a public print that a base the Constitution, when they inserted this article? Not, and corrupt bargain had been made for the transfer of surely, that a man may publish what he pleases and not the votes of certain members of this body, to one of the be responsible-but only that he should be amenable to persons from whom the selection for the next President the laws, and if called to an account, should be entitled must constitutionally be made. It is not alleged to to the judgment of his peers. I cannot see how this have been done out of doors. The publication expressdiffers from ordinary cases of libel, or why it should not ly charges that this corruption exists within these walls go to the ordinary tribunal, unless, indeed, the Consti-that it was the opinion of the writer that men of hotution has said that this House shall constitute a court, norable principles would not consent to be "transferexpressly for the trial of questions of honor. Sir, the red" in that way; and, in a subsequent part of the letPeople of this Nation are not prepared for such a mea- ter, it is directly asserted that it is now ascertained to a sure as is now proposed. They are not prepared to see certainty, that the member of the House who presides a man punished for laying open what he conceives to be over its deliberations has transferred his interest. The a corrupt conspiracy; they have been accustomed to charge is unequivocal and direct. The consideration is let every man publish what he will, and be held liable to stated to have been paid, and believed to have been the laws for so doing. Look at the effect; some member the acquirement of an office of high trust in the Gomakes a charge against his fellow-member; Congress vernment. takes up the affair, and acquits or condemns. No jury can afterwards pass upon the case, in any court, without

No essential part of this letter is stated to be founded on hearsay or rumor, except the last paragraph. It

FEB. 4, 1825.]

The Speaker's Appeal to the House.

[H. of R.

boldly announces to the Nation, that, however strange, and if we now deny the inquiry, the nation itself will inbase, or disgraceful, the transaction may be, it is never- quire, and pass their judgment on him and us, without theless true. It is stigmatised-and, if true, justly-proof. Mr. S. concluded by saying, that, if the inquiry with the most odious and offensive epithets, and con- should be had, and any charge substantiated which af cludes with an appeal to public opinion, to stay the con- fected its presiding officer, if not with crime, even with summation of the profligate contract. This paper was dishonor in a literal sense; he should consider the laid before the House, by the member whose name was House bound to proceed another step, and he would, for thus publicly given, as the party to this foul bribery. I one, proceed to the last resort, if one of his own kindred am not prepared, said Mr. S. to give an opinion, wheth- occupied the place. er, if this were all which we had before us, the House, considering other circumstances, which are well known to have been intimately connected with the subject, would not have found some extrinsic difficulties in the path of its interposition. But, when the communication was made, a member from Pennsylvania, who is entitled to our respect, rose in his place, and avowed substantially to the House, his readiness to meet the inquiry which was asked, and to prove the truth of the charges. After such an avowal, in the presence of the House, and from a member of the House, Mr. S. said, that he felt bound to proceed, and vindicate the House from the charge, or punish the guilty partakers of this corrupt conspiracy. The honorable member from South Carolina, (Mr. M'DUFFIE,) expressed an objection to the inquiry, because no constitutional act of this House could result from the investigation. Mr. S. said, that, if the charge should be proved, the duty of the House was, in his opinion, clear and plain.

Mr. M'DUFFIE said, that the very strong and imposing statement of the gentleman from New York, had not affected his first view of this question. The House ought not, said Mr. M'D. according to my argument, to institute proceedings in this case, unless their proceedings were to lead to some act: and I say, again, that these proceedings can lead to no result or act which this House is adequate to perform. But I am answered by the gentleman from Massachusetts, and again by the gentleman from New York, that a result can take place: that we may dethrone the Speaker. Sir, my maxim is, never to profess to do one thing, when I mean another Does any gentleman believe that the object is to dethrone the Speaker? Does the gentleman from New York mean to dethrone the Speaker? Has he said that he does? He has not, and he does not mean to do it. The object is, under a shew of doing one thing to do another. The gentleman had said that those who oppose the inquiry believe the Speaker innocent. What, said Mr. M’DUFFIE, is the converse of this proposition? That those who advocate the inquiry, believe him guilty. Was this the fact? The gentleman had said, that rumors are abroad, and that the House would lose the confidence of the nation. Sir, said Mr. M'D. you are taking the course calculated to dean investigation into a newspaper publication? It is degrading to the House. As far as I am concerned, I feel it so. Suppose that my constituents were to assail my conduct in a newspaper, or hold public meetings and send me instructions how to act: would I have a right to send the Sergeant-at-Arms to bring them here to an swer for their conduct? If they have rights in this respect, their Representatives here have the same. We do not lose the rights of citizens by coming here. What said the gentleman from New-York? Why, that, in a N. York paper it was reported there was a new coalitionin a Virginia paper I have seen a rumor of another. Sir, shall I move an investigation on that ground? Rumor, with her ten thousand tongues, is busy on the subject, and if we give ourselves up to the investigation of rumors, we shall render ourselves pitiful and degraded. If the honor of the House is not to be preserved but by a course which will destroy the freedom of opinion and investigation, that honor is not worth preserving.

The power of electing its own presiding officer involved, as an insuperable incident, the power to displace him. He holds that exalted station by the will of the House, and during its own pleasure. Its power may be directly exercised to degrade him from that honorable place; and, under another power expressly granted by the constitution, to expel him from the House, as un-stroy it. Are we to gain public confidence by instituting fit to be associated with the public councils of the nation. Will any one undertake to convince the House, that, if its presiding officer should be convicted of theft, (if, said Mr. S. I may suppose a case so offensive,) we have not the power to dethrone him from the seat which he had thus dishonored? If he is charged with bribery and the mean barter and sale of his vote as a member, is it an offence less involving the purity of the place? If the charge was proved, is there any among us who would not feel degraded in the occupation of one of these seats?

Sir, said Mr. S. the place of a Representative here is one of the most transcendent trusts in the gift of the free people of these States. The charge preferred against our presiding officer strikes at the foundation of all public confidence in the purity of the House. If we refuse inquiry, especially at a moment and on a subject peculiar as the present, what will be the suspicions, just or unjust, of a people generously jealous of the honor of their rulers, and who must feel in some degree the degradation of their Government, in the scandal of their public councils? If these charges can be proved, I would not sit here for a moment, if I thought that we must patiently bear the humiliation of such a place. Our situation is at this moment peculiarly delicate. Rumor has been busily employed in sapping the foundation of all confidence in our proceedings. The public prints have disseminated far and wide the basest insinuations against the honor of this House. It is scarcely a day since I read in another print, from New York, a charge of another coalition here for power. I know it to be false, and we all know it to be so. But, sir, the public mind may be poisoned by this inveterate perseverance of the press. It becomes us, in my judgment, to act firmly and promptly—to | bring, if necessary, every member of the House to the scrutiny. If the honor of our Speaker is implicated by the inquiry, it is our solemn duty to purify the House from the dishonor. If calumniated, we not only vindicate him, but ourselves, from the suspicion The charge is too palpably made to be evaded. The proof is offered,

Mr. STORRS said he perfectly concurred with the gentleman from South Carolina, that this House was not, on mere rumor, to institute an investigation. If the gentleman so understood me to say, said Mr. S. he wholly misunderstood me. The doctrine I urge is this: that, when a matter comes before this House in any way that affects the official purity of any member, and another member has risen in his place, and pronounced that he has proof to offer of that matter, then it is proper for us to inquire into it.

Mr. FULLER, of Massachusetts, said that the gentleman from South Carolina, (Mr. M'DUFFIE,) had adverted to his former remark, that those who opposed the investigation of the charges, disbelieved the existence of any corruption, or any ground whatever for the accusation, and the gentleman, (Mr. M'DUFFIE,) had thence inferred, that those who are in favor of the investigation, believed in its existence. A more palpable non sequitur Mr. F. said, could hardly be conceived. It goes upon the supposition, that the only inducement for inquiry is to prove guilt. So far from that, my hope and firm be

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Mr. ARCHER then moved to postpone the further consideration of the subject until Thursday next, when, if there was any such thing as corruption in the case, it may have been consummated, and the House would then be authorized to make an inquiry, which, in his opinion, it was not authorized to make at the present time.

On this question, Mr. SANDFORD, of Tenn. demanded the yeas and nays, which were ordered.

Mr. CADY, of New York, moved that the further consideration of the subject be indefinitely postponed.

[FEB. 4, 1825.

lief is, that such an investigation will establish, beyond tion. It extended even to death, if that were necessa all cavil, the innocence of the party accused. This I ry, and, in the exercise of such a prerogative, was that doubt not, is anticipated by nearly every individual of House about to act as on an ordinary case of inquiry? this House; and does the gentleman think it of no im-It was a question of the very highest importance. On portance to refute calumny, to sustain the innocent, to the occasion to which he had alluded, although there disabuse the public, and to eradicate the poison of suspi- was no doubt respecting the breach of privilege, yet the cion from the very core? This, sir, is my purpose, and, question, with regard to its punishment, was discussed I trust, the purpose of those who support the resolution for a week, and at length decided in the affirmative by for inquiry; a purpose which I am sorry to observe there a small majority. Now, supposing the latter question is so great a reluctance, on the part of its opponents, to has been ten thousand times as bad as it had been readopt the only reasonable mode of attaining. presented to be, it was no matter: the question was, Shall a mere newspaper article call into solemn exercise the highest power which belongs to this House? Why must this be done? It is answered, because the letter has been traced to a member of this House; but may you not, on this principle, follow up all the printers throughout the U. States? Is there any earthly difference between a newspaper article written by a member of this House, and such an article written by any other person? Did a gentleman, by becoming a member of this House, deprive himself of the ordinary privileges which he would have had, had he remained out of the House? Might he not write to his constituents the same as other gentlemen wrote to their friends? Surely he might. And if this House is obliged to investigate and punish a letter which comes from a member, it is bound to do the same if the letter come from any other member of the community. The power to punish for contempt was the most tyrannical in its nature, of any of the powers incident to Government. It is given by the constitution to the Judiciary as well as to the Legislature; yet, in many of the States, the Legislature has circumscribed the power of the courts, in punishing, to their own walls; and, in the discussion to which he before alluded, and which took place in this House, the same rule was contended to apply to the Legislature.— It was ably and very strenuously argued, that even this House had no authority to punish a contempt beyond the limits of its own Hall. Shall we, asked Mr. I. constitute ourselves into an inquisitorial tribunal to try and punish a breach of privilege merely about a letter to a printer? Sir, this House is now about to establish a principle more obnoxious to freedom than any I have heard broached in the worst of times.

The chair decided this motion not to be in order. The question was then taken on postponing to Thursday, by yeas and nays, and decided in the negative yeas 62, nays 145.

The question then recurred on referring the communication of the Speaker to a committee.

Mr. SANDFORD, of Tennessee, said that, before that question was taken, he wished to offer a few remarks. He called upon the House to reflect for a moment-the question was important-the fact charged approached nearer to an overt act than any thing which he had yet seen brought before a legislative body. Suppose the committee should go into the investigation, and much evidence should be adduced, though not sufficient to convict, (he hoped the honorable Speaker would be acquitted at any rate,) what a dilemma would the House be in! There was another point; if the report of the committee should be unfavorable to the gentleman from Pennsylvania, and a suit at law should hereafter be instituted against him on the same account, that report might have great weight to his prejudice.

Mr. TATTNALL demanded that, on the question of commitment, the yeas and nays should be recorded.They were ordered accordingly.

How is this subject brought before us? Shortly after Mr. INGHAM, of Pennsylvania, then observed, that the letter to the printer, in Philadelphia, a card appearhe hoped, although the hour was late, that the House ed in the newspapers in this city which contained a mewould indulge him in a brief expression of his views on nace against the author of that letter, whoever he might the subject before them. When that subject was first be. This made the matter a personal contest; and, if it presented, it struck his mind that the investigation ought was calculated to have any influence on the member, to be ordered, and his first impression was, that he that influence was to intimidate him. The practical ef should vote for the appointment of a committee, and fect of which would have been-to stifle public and against all attempts to resist the inquiry. But, during the free discussion of the conduct of a public man, because, course of the debate to-day, he had reflected more ma- in all suc. discussions, it is extremely difficult to sepaturely, as he had endeavored also to do during the past rate truth from falsehood. It is said, the letter has been night, and he now felt satisfied that this question involv- avowed. Sir, it has been said, with equal truth, that ed much higher considerations than an ordinary ques- the avowal has been "extorted;" and thus the name tion of inquiry. What was the question now before the of the author has come into the possession of this House. House? Was it an issue joined between two members, An appeal is made from the public and ordinary tribu the consequence of which must necessarily be the pro-nal to this House. Is it competent for us to sustain the stration of one of them? That, he apprehended was not the case. The question had been represented, on all sides, as a question of privilege. The privilege of the Speaker had been invaded, and the House was called upon to punish the offender. He thought that, as the inflicting of such punishment was an exercise of the highest privilege possessed by the House, it ought What are the respective conditions of the two indiviever to be done with the utmost caution and care. He duals concerned? The one occupies a lofty station he had had the honor to be present, some years ago, when is placed high before the view of the country-he pos the nature of this prerogative underwent a full and sesses the just confidence of the members of this House solemn discussion, and he well remembered, that it was the esprit du corps concentrates itself upon his person then determined, that the power of the House to pun--he exercises high powers of patronage in this House; ish was a power which had no limits; that it was a con- (God forbid that I should say he exercises them in an structive power, springing out of the necessary organi-improper manner.) All these things create a great difzation of the House, and essential to its self-preserva-ference between him and the member who has accused

jurisdiction? The laws of the press do not prevent an avowal of the name of the author of a publication. Shall this House virtually prevent it? Prevent it by punishing it? Shall we erect it into an inquisitorial tribunal--into a summary court to punish for breach of privilege? Aye, sir, for breach of privilege!

FEB. 4, 1825.]

The Sp aker's Appeal to the House.

[H. of R.

It was but the year before last, the printers to this House stated, that their official conduct had been impli cated, and a committee was appointnd to investigate the charge against them, and make a report upon the subject. This committee was raised almost without objec tion. Whether we regard our own character, said Mr. F. or any other consideration, this appears to me to be the only course we have to pursue.

him. This, surely, is not the place to seek an impartial decision of the differences between them. We all know there is already a great excitement existing, and that it is increasing every moment like the rapidity of a descending body. Shall we be called upon now to act upon such an inquiry? I trust not; I trust we shall pause before we go into an investigation which connects itself with such high and such peculiar considerations. Apart from these, I will view the inquiry as a matter of Mr. INGHAM rose in reply. He did not conclude no importance, nor do I concern myself with it. But, that the gentleman from Georgia had put the inquiry surely, sir, it would present a most extraordinary spec- simply on the ground of privilege. He placed it on the tacle, to see every member of this House called in suc ground of the licentiousness of the press, and maintained cession, before the committee, to testify concerning all that it was necessary to correct that licentiousness by the communications which he has heard in relation to the interference of this House. A principle certainly the matters referred to in the letter of the member from very nearly allied to the other. There is another ground Pennsylvania. Aye, sir, it would be a singular specta- of objection, of which it was fit that some member from cle. The testimony that was collected would make a Pennsylvania should take notice. The Speaker, in his book; and a book that would be read through every communication, says, that he shall take no other notice part of these United States. It would contain many con- of the accusation than that which he has done, because versations calculated to excite the public curiosity to a of the source from which it proceeds. He did not know very high degree. I do not mean jocular conversations whether he was to understand the Speaker as alluding, about the lobbies of this House, where three or four by those words, to the state from which the member have been conversing together, but I refer to close tete came, or to the member himself. The expression was a-tete interviews, where only two have been present. equivocal but, whether he meant the one or the other, Sir, I mean not to insinuate that any thing improper Mr I. said he should consider himself as delinquent in has been done or said in these interviews, but this is not his duty, if he did not notice and repel a statement of my objection to the inquiry; it is of a higher character; that kind. By the constitution of the country, every it involves principles connected with the best interests portion of the American people is alike represented by of this nation, and if an attempt were made to arraign me members on this floor. And it would be unfortunate, for a contempt committed by writing a letter to my con- indeed, if the House were called on to compare, and to stituents, or any where else, I would not answer-I contrast, the respective claims of different members to would stand mute, and deny, and defy your power. different degrees of consideration. He would not conYou might imprison me, and manacle me with chains. trast the claims of the Speaker and his colleagues to But you should never compel me to become a volunta- consideration, either in their political or any other charry instrument to violate the constitution in my person.acter-such a contrast ought, of all things, the most to The liberty of the press shall not be violated through be avoided. And he would confess, that those words any compliance of mine. When these high privileges of the Hon. Speaker had excited in his breast some senare put at stake, the sufferings, the life, of an individual sibility, both as to the honor of his state, and to that of are nothing. For these reasons I shall vote against the the members of her delegation. And he considered it appointment of a committee. If the inquiry affected due to the character of the state he had the honor, in nothing but the mere question between these two indi- part, to represent, to deny the right of any member to viduals, I should vote a committee at once; but, because assume such a position in this House. it involves all that I hold most dear, I shall resist the appointment, so far as my vote will go.

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Mr. FOOT, of Conn. said that certain papers were referred to in the motion of the gentleman from Georgia, (Mr. FORSYTH,) which were not before the House; and he suggested to the gentleman the propriety of so modifying his motion as to refer to the committee nothing more than the communication of the Speaker.

Mr. FORSYTH accepted the modification, and, at the requisition of a member, reduced his motion to the fol owing form:

"Resolved, That the communication made by the Speaker to the House, and entered on the Journal of he House, be referred to a select committee." Mr. BUCHANAN, of Pa. now moved that the House adjourn.

The motion was negatived.

Mr. FORSYTH said that, as the author of the proposition now before the House, he was anxious that the grounds on which he offered it should be understood. The gentleman had said that this proposition had been universally treated as a proposition touching the privi leges of the House. I, (said Mr. F.) do not support it on that ground. It is not a question of privilege, nor is it a question that touches, in any manner, the right of any individual to publish any thing he pleases. It is a question touching the purity of conduct of the members of this House, in a case in which they can be punished by this House, if guilty, or vindicated, if innocent. It is immaterial how the matter may have cone before us.If the humblest individual in the community were to pre. Mr. M'DUFFIE then moved to amend the motion of sent a memorial stating facts, which, if true, would justi- Mr. FORSYTH, by adding to it the following clause: fy the interposition of this House, I would vote for an in- "And that the said committee be instructed to inquire quiry into them. If the member who is the author of whether the friends of Mr. CLAY have hinted that they this communication had stated facts to the House, and would fight for those who would pay best,' or any thing demanded an investigation, who would have refused it? to that effect, and whether 'overtures were said to have Is it merely because the request for it comes from the been made by the friends of ADAMS to the friends of Speaker of this House, that it is to be refused? The CLAY, offering him the appointment of Secretary of State charge is here, and the person charged demands an in- for his aid to elect ADAMS,' and whether 'the friends of quiry. The person who makes the charge is present, CLAY gave this information to the friends of JACKSON, asks an investigation, and says he can prove his allega- and hinted that, if the friends of JACKSON would offer tions. Under these circumstances, it appears to me to the same price, they would close with them,' and whebe a matter of necessity to institute the inquiry. A few ther' HENRY CLAY has transferred, or resolved to transyears ago, an inquiry was instituted, of a similar nature fer, his interest to JoHN Q. ADAMS,' and whether it was to this, on the mere suggestion of a member. A mem- said and believed that, as a consideration for this abanber was accused of making a contract, whilst in office, donment of duty to his constituents, CLAY was to be apand, on the mere motion of a member of the House, the pointed Secretary of State,' and that the said committee fact was investigated by a committee, and a report madbe authorized to send for persons and papers, and to

VOL. I,-31

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