Mr. Livingston thought the wording of the first clause too broad. Any member spoken to without doors might come into the House and complain of a breach of privilege on trifling grounds.
Mr. Giles would not at present enter into the question whether there had been a breach of privilege or not. From any thing yet seen, he was doubtful. He was against the preamble. Privilege was of an insinuating nature. Mr. Livingston had taken up a thought which occurred to Mr. Giles. Any man meeting on the street a member of this House, may say to him, "Sir, by voting for such a thing in the House, you will destroy your popularity in your district." This argument was not on motives of public good, and a member might by this resolution be warranted to come into the House and complain of it as a breach of privilege. He wished for the previous question, which was taken, and by a great majority the resolution was negatived.
Mr. Livingston then read two resolutions. Their tenor was, that it appears to this House that Robert Randall has been guilty of a contempt and a breach of the privileges of this House, by attempting to corrupt the integrity of its members, in the manner laid to his charge, and that Randall should be called up to the bar, reprimanded by the Speaker, and recommitted to custody, till further orders from this House.
On the first resolution the yeas and nays were called for—yeas 78, nays 17.
After some conversation, the second resolution was likewise agreed to.
Randall was then brought to the bar, and in a few words reprimanded by the Speaker. To call his offence indiscretion, impropriety, or indelicacy, was too mild a name. His conduct was crime. His apparent ignorance of the nature and extent of his guilt had induced the House to be more indulgent than they otherwise would have been. The Speaker informed him that he was recommitted to custody till further orders from the House.
Thursday, January 7.
Case of Charles Whitney.
Mr. Whitney was now brought in. The Speaker addressed him as follows: "Charles Whitney, the information lodged against you on the journals of the House will now be read to you by the Clerk." This was accordingly done.
Mr. Whitney was next asked at what time he would be ready to proceed with his defence? He replied that he thought he could be ready to go on just now, if he had counsel. If he could get them to-morrow, he should be glad to go on then, in order to get the thing over. If counsel could not be got, he would request a delay till Monday. He was sure Mr. Buck had mistaken his meaning. He was told that he would be called on again to-morrow, and if he had not been able to obtain counsel then, there was a probability of his being allowed a delay till Monday.