The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-06


the tabe,n was then taken and decided in the neg
alive az follows
YEAs-Ms,sr.. Atkinson J. A Black, Boyd, Broker
brough. Brodhsad, Chase Clarke, Constsoe, Suign'
ps Mott DILLINGHAM; DoeGln FaTsh . iio%s. james
B. Hunt, Hunter Joseph r. i1gsrsol Andrew johnson
George W Jones Ltib, Mclean y, h-IIn .H Nao' n
Sims, Leonard II Sims simpson Thomas Smith, Thomas,
son, Jacob Thompson, Tbbstts, Tilden Wheaton, ana
NAYs-Msssrs. Abbott John Quincy Adams, Anderson,
Arnold, Baker, Barringer, Bayly Bell, Benton bsgs'
Burlington, Burt, John H. Campbell Carroll, CsthcsH,
Anguish. A Chapman Cooke cfanstOn, CrOIsr, Culver
Dunlap Edsal[ Erdman John II, Ewing Edwin II. Ewing,
Ficklin, Foot, Gentry, Giddings Goodyear. Graham
HsrriSL Isaac l. Holmes. Hopkins, Houah' John W
Houston, Edmund W Hubbard, samuel D Hubbard,
Long Lumpkn, MscIsy MeCleland. MeCOnnsi, McSSsu.
Hsy Mep Ossisy owen Payne PsSssion 'p Psr
Phelps Pollock, Prize; Ramsey Reid Ritter. John A
Truman smith, Albert smith, Caleb B. smith STARK
weather, Stephens. Stewart, St. John strohm, Strong
sykes TSioodeoaA Bea%im WsE
Wilmot, Winthrop, Woodruff woodward faheey' Young
and Yost-ll7
So the resolution was mol laid on the table.
And the question recurring on It's ADOPTION
Mr. HUNTER moved TO amend 1t by adding
thereto the following proyisoi
"Prordsd That this shall be considered waiver Of
the privileges OF this House admission OF right
in the courts Of law TO arrest Its MEMBER except Tor
treason felony breach Of the during the session
the House to issue process sgainst them during such
session when dsobdenee to such process would be pun.
shabls by attachment OF the person. nor shall this reso'
luton be construed order any Of its members to
attend under any subpoena or summons should he object to
do So" ~
Mr.. ADAMS (who was not in his scat at the mo-
ment Mr.. DRoaGooLE introduced his resolution, }
now inquired Of the Speaker how It had come before
the House,
The SPEAKER explained.
Mr.. ADAMS. Is the gentleman who offered the
resolution the member to whom the subpoena has
been issued by the COURT
Mr.. DR0MGO0LE explained.
Mr.. CONSTABLE desired to inquire whether
the gentleman from Virginia had the authority OF
other members to ask similar waiver Was 1t
done by their request and who were theyl
The SPEAKER. The gentleman from Massa-
chusetts is entitled to the floor.
MIR. DRoMGOoLE. hope the gentleman will
allow me to reply to the question
Mr.. ADAMS. Certainly.
Mr.. CONSTABLE said, the question he desired
to have answered was this: who had been subpe,
naedl-and did they desire the privilege asked Be
cause The understood TO say II stripped OF their
privilege, the court might seize them.
MIR. DR0MGOOLE. When gentlemen ask me
il any other member has asked for privilege, ]
mean TO say that | have moved for no priv
ilege, except the simple privilege Of absence
ID attend court, if gentlemen choose to avail them
selves of il. The resolution does not exempt them
from the duty Of attending the House if they prefer
il; and, by looking TO the terms Of the resolution
the gentleman will find that it is 80. NV simple
proposition was that the House should grant leave TO
my colleague, whom ! thought 1t better to mention
[Mr HorKIss;l and referred 10 others as being in
the same position. But we waive no privilege.
The resolution imposes no obligation upon them to
attend court nor will it bear any such construction.
Therefore, think there is necessity for the pro-
yso.
Mr.. CONSTABLE. understand, them that the
gentleman offers the resolution in behalf Of of his
The The SPEAKER. The gentleman from Massa,
chusetts.
Mr.. CONSTABLE. would like to know il
there are any other members, | hope the members
themselves will state
The SPEAKER again interposed,
And MIR. ADAMS took the floor. He said be
thought the matter was one Of great importance as
involving, FIRST the privileges of the members of this
House; and, secondly, the powers Of the courts Of
Justice. He hoped that no collision would be pro-
duced between these two institutions or establish
| ments Of our country.
The resolution was general resolution, to ope-
during the present session upon all the members
of the House. 1t seemed to him to be far more ex.
tensive than was necessary to meet the case. This
was an exceedingly delicate question for the House
| to decide. On the one hand were privileges which
were departure from the common law Of the
country in favor Of members of the House-no
| for their own advantage, but for the advantage Of
| the country whose interests they represented. Or
the other hand, the sacred power of the courts o.
Justice to summon witnesses before them, was equal
ly important to the liberties Of the country and to al
its rights and interests. That about which he was
most anxious was that there should be collision
between these great bodies-the representatives
of the people on the one hand, and the courts
Justice on the other.
| For his own part he should object to any genera
resolution. He should wish to recur to the prac.
| tees heretofore Of the British Parliament, from
which our institutions, in this respect had their orr
gin; not for the purpose Of considering any of hes,
privileges, in relation to the British Parliament, al
having any application here, but because the prac
tce, as there established, good source to con
suit as to the mode Of proceeding in such cases.
| The general principle was that member was ex
empted from arrest, even for the purpose of being
summoned before court Justice. But, in the fra
place, he held that member was bound to claim
that privilege; ana if he could attend witness
| on summons subpoena, he might do so if h
pleased. He was not bound to call upon the Hous
to protect him on the score of privilege. He nigh
attend if he thought proper, without violating hi
duty to himself And he Mr.. Az had had his own ex
perience in this matter. He had received summons
es from this very court by regular process to attend
first the grand Jury, and then the court ITSELF and h
had never thought it worth while to trouble thu
House about it, or to take advantage of his priv
lege. He had readily attended, as if he had nj
privilege. And this what he thought every
member should do, unless he had some special rea
son for avoiding attendance. If he had, without in
curing into the merits of the case, he (Mr. Az tool
it to be the duty of the member to state the fact tina
he had been summoned, and to ask the action of tn,
House, either to protect him, or to give him perms
sion to attend. This was the proper course. HI
held that no member was bound, by any rule O.
principle, to claim privilege, unless he had reason
for it. He might attend without making any ques
ton at ALL But if he chose to claim the privilege, h
| (Mr. Az took it to be his duty to lay before thu
House the question ITSELF and not to introduce gen
| eral resolution. Permission of attendance of a mem
Der before court Of justice was special privilege
which ought to be granted in every by the House
ifhe chose to attend He was under no obligation HI
might ask permission to absent himself from hi
duties on that account, as he might ask to be pro
tected against the duty ofattending by his privilege
and that was precisely what he thought ought to b.
done in the present case.
At all events he believed that the resolution SHOULD
not in it's present form be adopted. He had votet
II against LAYING il on the table, because there wa