The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-10
THE DAILY UNION.

Mr. CHAPMAN TO the chair) What I, the
question before the House,
The SPEAKER. The chair decides ID a. il is
the resolution Of the gentleman from Kentucky,
[ Mr. DAVIS.
Mr.. CHAPMAN. Is it receivedi
The SPEAKER. The chair 80 understands H.
NJ. CHAPMAN. BY unanimous consent, or Ly
the decision ofthe chair that II is in orderi
The SPEAKER. The resolution has been Of
fered, and il is competent for the House TO decide
whether il is, or is not, question Of privilege.
Mr.. CHAPMAN. ! appeal from the decision
that this resolution is received as question priv
Iege.
Mr.. G. DAVIS. | submit that the appeal comes
too late The chair had announced his decision
The House acquiesced; and the gentleman from
Virginia Mr.. BATLYl was proceeding TO make an
argument the resolution, and AZ 10 the propriety
OF It's adoption.
The SPEAKER. II is not for the chair to de-
eide what is, is not, question ofprlyllege. The
resolution is offered, and the House will now decide
whether II il one Of privilege or not.
Mr.. AsHMuN asked the yeas and nays which
were ordered.
And the question, ais this resolution u question
Of privilege" was then taken, and decided in the
affirmative follows:
YEAs-Mssss. Abbott, John Quincy Adams, stephen
Adams, Arnold, Ashmun, Atkinson, Bsrringer Bell,
BLANCHARD BriskeIhon brodhssd MoR srSSn William
John II. Campbell John O.. Chapman Chase, Chapman,
Clarke Cooke Collamsr Collin Crans.on, Cro1sr Cul
Dixon, Doekery, EdsSl John n Ewing, Edwin IL Ewing
Foot Foster Giddihgs Goodyear Graham, Gridsr Grin
nell Hampton Harper, Herrick Hoge, Elias b Holmes
Isaac y Holmes John W. Houston George s. Houston
samuel D. Hubbard, Hudson Washington Hunt, Chas
drew johnson. d. r. King Thos. Butler King, Leake
Leb, Lewis, Long, Meclean, Meclelland, McGsughey
McHenIy Mellyaine. Marsh, Miller, Niyen Norris PEN
dst0a. fsnill, Pollock, Ramsey Rathbun, Ritter Rob
erts, 3ulns Rockwell John A Rockwell Root, sebsnck
Seaman seldom Severance, Truman Smith. Albert smith
Caleb B. smith. stsrkweather, stephens stewart St John
strohn, Thibodesux, ThomassoD, BENJAMIN Thompson
TrumbO, Vance Vinton, wentworth, white, winthrop
Wood, Woodruff, Woodward, Wright Yancey, and
NAIs-Nessrs. Anderson, Bsyly, Bedinger Benton
Biggs, james Black, Boyd, Augustus A. Chapman, Reu
ben Chapman, Cohs, Cummns cunningham DaTgan
Erdman Fickln, Fries Gordon, Grover Hsmln, Henley
Hough, Edmund W. Hubbard, HungsriOrd. James D Hunt
Barclay Martin Nouiton Parish Payne Perry Price Reid
Russell sawtelle, Sawyer, simpson, stanton, Strong
Thurman, Tibbstts, Treadway, Williams Woodwork
Yell. and Yost-67.
So the House decided that the resolution Of Mr.
a. DAVIS was a question Of privilege.
Whereupon the SPEAKER stated that the ques
lion would override all others.
And the question now being, "Shall the resolu
ton be adopted"
Mr. BAYLY now resumed the floor:
was going on to say, sir (said he,) when this ques
ton of order was raised, that by no means acqui
esced in the position taken by the honorable gentle
man from Massachusetts,, lMr. HUDsoNl that az
officer of this House, whose conduct was impugned
by member OF this House, whose remarks ant
statements were given by the press to the four wind
of heaven, could not, without violating the priv
leges Of this House, set himself right in that very
press which had given currency to that charge
That officer has not the right to be heard on thi,
| floor; he is entitled to no such privilege.
Mr.. HUDSON interposed, and (Mr. BALE,
yielding the foor) said that the gentleman from Vr
ginia had misunderstood him. He did not deny
that the officer alluded to had the privilege of reply
ing tfoough the press but he objected to his making
personal imputaons, such would not be tolerated
| upon this floor from one member to another-tO hi
making charges Of falsehood.
| Mr.. BAYLY. The gentleman, | understand
now, does not complain OF the fact that correction
was made in the press Of his statements, but only o
the manner in which it was done. In other words
he complains here, and asks the Congress Of tn
United States deliberately to take up one Of il
own officers, because, in an article in a news
paper, correcting what that officer believed to b.
| a misstatement Of the gentleman, he did no
do it in as good taste, perhaps, the gentleman
| himself would have observed; in other words, tina
the article was not one of correction of a msstate
ment, but that it deals in abusive epthets. Well,
do not mean to stand here to justify that officer,
any other person, in the use ofterms Of low abuse
| | am the lact man 10 do II. Low and vulgar abus
always evidences, IN my opinion, vulgar mind
and should be very sorry TO defend 1t in any one
do not mean to say, either, that this reply Of Thu
officer was any more popted than the charge JUST
fed. This is a question, as have already said, be
| tween the gentleman from Massachusetts, and tn,
officer himself Ii is personal matter Of their own
with which, in my humble opinion, this House. hal
nothing to do. have no doubt that the officer will
find his defence, if he undertakes to make it, in tn,
| belief which ! have no doubt he honestly enter
tained that so far from the intention of the gentle
man from Massachusetts being bona fde intention
to look into the facts of the case was designed as
partisan assault upon the printers of Congress- who
are of opposite politics to those Of the gentleman.
| But as much as | differ with the gentleman or
| this point, | differ still more with the learned gen
tleman from Pennsylvania Mr.. J. r. INGERsoLL,
and with the gentleman from Kentucky Mr.. G.
DAus.] They have maintained in reference to thil
matter the monstrous proposltion-they have boldly
taken the ground, that the of members here i,
not open to criticism.
Mr.. G. DAVIS. have taken no such ground
Mr. BAYLY. am glad to hear that the gentle
man abandons that proposition The gentleman
from Pennsylvania, Continued Mr.. B. referring tc
the constitution, said that the members of this House
were by it privileged from being questioned fol-
words spoken in debate, and maintained that this
immunity of members had been violated by the edi
torial article of which the gentleman from Massa
chusetts complains.
Mr.. J. R. INGERSOLL used the very word.
of the constitution. They were not my own words
Mr.. BAYLY. | know that the gentleman used
the words of the constitution; and the gentleman
maintained that this editorial criticism of tn,
"Union" editor a violation of that constitution
say it is monstrous position, perversion of thu
meaning of that clause of the constitution ant
though do not mean TO go into any heightened dis
cusson in reference to it, | protest, in the onset
against the correctness of the genteman's construc
ton of it. What is the language of that clause tc
which he REFEREED The sixth section of the first ar
ticle Of the constitution declares that
"They 1.-THE senators and representatives. shall in
all cases. except treason, felony, and breach of tho
peace, be privileged from arrest during their attend
ance at the session Of their respective houses, and
in going to returning from the same; and for any
speech debate in either house they shall not bt
questioned in any other place"
What does that provision, of the constitution
mean Does Il mean that we shall not be criticized
for any thing we say or do herei Does il mean thai
we shall not be held amenabe to public opinion for
our conduct upon this foor' Sir, it is a monstrous
peryersion of the provision, to maintain any such
proposition All il H. that members are not to
he nv leonl proceedipp that tbev mi