Alabama state intelligencer., 1831-01-26

Joily on lle Journal.
 In vndlcation of their vote, they have a right to feasoh upon any supposed state of facts but nothing more They question the correctness of the prnci, Pie conended for by the majority, and the widest ia.iude necessary for their purpose, is to suppose misrepresentation Tn me, but not to assert it. The minority have established the principle, far as their protest can establish it. that under the constitutional privilege of entering their reasons upon the journals 'ney have right to assai the character of any ud- Nidual in the community, though it he in no wise, necessary to establish their positions or elucidate | their arguments
 It must be remembered, that member of the Ge- neral Assembly IS not responsible in our comts for any ac done in .hls representative character. Ei- tber House is the sole judge of such matters as would be proper for legislative action and whatever IS placed on the journals forms part of its proceed ngs and there is no other responsibility than such as exists between the people and their representatives lhls rule Is necessary to the independence of tie Le- giSilure, and without 1t tl.eGe would be no security to the people in their civil rights. | While the privilege secured to the minority of en- terhg their reasons upon tie journals should be pre- serN led without restraint yet ihe abuse of that pfv iege as m this instance, is dangerous and unwar- ahtaDe usufpaon, and subversive of the protection winch the constitution extends to every citizen-- | The only mtde m Wlicb tms instrument is to be preserved in its pulity, is for each department of he government. to move In its own proper orbit; for when ever deviation is attempted in either, it d. pidgss tie free exercise of the powers of the others and prevents them from extending 10 the citizen the protection which Ee has right to claim.
 1 II member oI the Senate is permitted to record upon the journa whatever libeous matter against clilzen, which lis malice may suggest, not being uu- swerable as have shown, in our courts, then the l4th article of our Bill Of Rights is disres aded and no person bus remedy by due course of law, for an injury done him in his reputation" Though Messls Hubbard. Jackson and others Lave, without any necessity whatever, for any purposes of areu- neht thought proper to attempt stamp my cla. ac- ter with the seal of asehood, and have cfeby done me most essential injury in my reputation; vet having done this in their representative c aiacter, am shut out from all remedy by due of law"
 But this IS not al:-the first article of the deca- ration rights, declares flat all free men are equal in their rights. The course which these gentlemen have pursued will destroy, and has destroyed, this equality. They have placed themselves above tlle people, and have, in effect, declared that they, ru lefs are irresponsible for acts for which all others not members Of tie General Assembly, would be liable m civil suit, criminal prosecution. Further more the minority seem so bent upon my prostratioh and run that they have totally disregurded the 29th section of the declaration of rights which secures to every person, the right of defending himself in any cause, m person or by counsel.
 1 Upon the records of your honorable body, stand condemned by the minority without even the forms Of trial; and although l have made tender of my proof the humble privilege of offering it is denied me- lconfess the inequality of this contest Is very great. Seven Senators arrayed against me- They have the power to oppress by violating the solemn injunctions of the constitution. have no such power. 1hcy can boast of political influence, oi wealth, and all the consequence wLich attaches to office. These things do not belong 10 me- In all of them l am their inferior. But in one respect, am their equal. l am an honest man-l have a character upon which rely for my comfort and SUD- 1 in wi | liya consent that il shalLbe thus dcSpOticay and unconst tnlionaly assalled without sending up your hono- rabIe body this my last and solemn remonstrance.
 Very respectfully, G. W. GAYLE. l The members of the Senate who voted against concurring in the reporl of the judiciary committee ill relation to the publication by G. W. Gayle As sstant Secretary of the Senate of the speech of Mir Abercrombe, delivered upon the sub ject of the Coo sa Canal memorial have thought proper, Gas they say,) to enter upon the journal of the Senate, the reasons wic influenced them in grivine their yotes One of tle gentlemen, however, and whose name appears last the protest Is known to have voted Tn the majority, upon motion to in the report of the committee. That this is privilege granted to the minority by the constltutlOn the majority do not presume to deny. But mlstatement of facts, and misrepresentation of the position assumed by the majority we humbly conceive to be papable H. buse of that privilege. The minority assert in the l majority, establishes the principle, that when ques- ton Is pending before the Legislature its clerks and officers have night to publish any ialsehood wlat- ever in relation to the public of a member, and even publish the arossest misrepresentacns of his speeches, with view of bringing such member into rldcule and contempt, before his constltu nts and the House to which Le longs tlat tlis may be done to gratily the most maevolent and vndictive feelings, and tlat tie House has no power 10 plo- tect its members from such Tudeness and insult, either by removing from the presence oftl.er deliberations the author of such mischief by rendering u ha m- less by saying 10 tier constituents, tIat such Iul- cation is untue." Tlis msfel iesenation oi the ground taken by the majority, may be thought by tie minority necessary to theiI justification; but not in justice 10 ourselves, permit such assertions to go loItl 10 illc wold unconiiadtted
 That every deliheraiive body does possess indivi- duay, te necessary Tt twer to proeot IL en selves in iEeir deliberations, against insult and intrusion, tie majority las never been disposed to question: and wlen 1t becomes necessary 10 exercise those powers for purposes of protection believe Il at it is pro- perto exalt item. Eut five presume to exert those bowers for tie IuI csc of expressing an individual, by eyading his rights, or punishing him for exer- cisin, pIive. guarantee d to Linn by the constiiu-
 ten, in der 10 eiaiily IIi,ae IiGue or tie vndlc- tive feelings of privileged members, would, we con ceve. be prostitution of the delicate trust reposed in us. It would indeed be assumption of power, which does not belong to as body and the exer- else of+wich would be calculated to endanser de liberty of tle people.
 In voting for d concurrence in the report of tie committee, were saying. in the language of Il e Iepot that .'tle facts set forth in the pean ble pre- cedng tLe resolution, does not present such case as will authorize the Senate to take coenizance tLere of" Tie majority lave acted nron tleir knowledge tie facts and ife merits of tie controversy then pending before tle Senate, and not uI on such a case they conceive, as tie minQity pleiend to sup pose Il en existed.