"Resolved, That any attempt to influence the conduct of this House, or its members, on subjects appertaining to their Legislative functions, by motives other than the public advantage, is a high contempt of this House, and a breach of its privileges."
The second resolution was, in substance, that Randall having committed such an offence, was guilty of such a contempt, &c.
Mr. Harper thought it proper, before deciding as to Randall, to lay down certain principles, and decide whether the offence was in itself criminal or not, before determining the conduct of the prisoner.
Mr. Kitchell thought these resolutions unnecessary. The only thing before the House was to call on the prisoner, and pronounce him either innocent or guilty.
Mr. Harper, in defence of his resolutions, said, that one misfortune attending privileges was, that they could not be exactly defined; but, as far as they could be ascertained, it was the business of the House to do so. If this offence is a breach of privilege, we are entitled to declare it such, that the people of the United States may be informed that it is so.
Mr. W. Smith could not conceive how any member would vote against this first resolution. If we refuse to say that the act itself is a crime, how can we condemn Randall as criminal? We are, in every sense of the word, bound to vote for the proposition. We have declared the attempt of Randall to be a high offence and contempt. If any member thinks it not so, then, to be sure, he will vote against it. Mr. Smith said that Legislative bodies had frequently, while a prisoner was on trial before them, laid down rules to guide them, previous to their pronouncing sentence. A former member had suggested that it was better to make the resolution a preamble to the sentence, and introduce it with a whereas. As it stands at present, it is agreeable to what had been done already.
Mr. Nicholas hoped that members were not to be bound by any thing yet done. At the first embarking of the House in this affair, he had felt doubts. His scruples had gradually augmented, and he was now of opinion that Randall should not have been meddled with at all, in the present way. The right of privilege had been given up, unless in cases of absolute necessity. He did not think that any resolution had yet passed the House, upon due consideration, whether they had a right to proceed or not. Mr. Nicholas recommended lenity, rather than a parade of integrity, where there was no ground of suspicion—a parade which would not have been made if there had been any real danger.
Mr. Williams thought the resolutions altogether unnecessary. The principle is already entered on the journals. All that the House have to do is to declare Randall guilty or not.
Mr. Hillhouse agreed with Mr. Williams, but he was astonished at the doctrine held up by the gentleman from Virginia. We had been told yesterday, at the bar, that the offence is not punishable by the common law. We are not to do so by privilege. The consequence is, that an attempt to corrupt members cannot be punished at all. It would not be proper to tell this to the public. Any body may then come here and bid for votes.
Mr. Hillhouse thought that the counsel yesterday had fairly given up the point, for they admitted that improper violence without doors was a breach of privilege. Mr. H. argued that this was as great a violence as could be. He was for inflicting a punishment.