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

i've and executive action on the subject, and into
4 the general condition Of trade with the island oil
Java He rsferred to the discriminating duties lev
led 10 ,hst island, both upon imports and exports
J against the American merchant. He spoke al some
length, also, in regard 10 tho discriminating duties
imposed by the British government in their East
| India possessions in favor Of their own Navigation
| The policy Of both the British and Dutch govern
ments was to protect their own shipping, and give
1t the benefit Of all the long voyages. They would
give us the little boon Of bringing their products
| from Holland or England; but they insisted on
bringing them in their own bottoms from Java
and Bengal. This was wise and patriotic pohey
I on their part and be only wished that II could be
pursued with equal zeal and perseverance, by our
own government Mr. w. alluded TO the care pc
slowed by fathers In the early days OF our ms
tory upon the interests OF our navigation, and con-
cluded by wishing that there was more OF informa-
ton and more of intelligence in regard TO these com
mercia questions both in the legislative and execu-
tive departments of the country at the present day
| As the representative Of a great commercial city,
he felt bound TO invoke for those interests the alien
| tive consideration Of the House.
| Mr.. s. JONES said, according to the information
of the gentleman from Massachusetts, MIR. WIN
THRoP, and Of the correctness OF II there was no
doubt, there was an export duty laid upon Gomez
coming from Java in any vessels other than vessels
belonging TO the kingdom Of the Netherlands, there
| by making discriminating duty in favor OF their
vessels against American and other foreign vessels
of 20 per cent Ordinarily he was not in favor OF
| of retaatory duties; but in this case he thought
it highly important that we should retain dscrim-
mating duty against vessels belonging TO the king
dom OF the Netherlands. He desired that this sec
| iOn should not pass in its present form, but
to see it so amended as to protect American ships
against the discriminating duty charged by the
| Netherlands in favor of their own ships.
He moved amendment to strike out IN the hfth
| line the words "whether in Dutch or" and To add
at the close Of the section, $50 far as regards
Dutch coffee exported IN American vessels, so as 10
continue the discriminating duty entirely in favor
Of American vessels, and placing them entirely on
| the same footing Dutch vessels are placed on by
| their own government. He had expected that mo-
ZION of that sort would have come from the gentle
man from Massachusetts,.
| Mr.. DROMGOOLE interposed, and, remarking
that there important question Of privilege
which had arisen, requested Mr.. JONES TO give way
| to a motion that the committee rise.
| Mr.. JONES still retaining his right to the floor,
| yielded for this purpose.
And on motion Of Mr.. DROMGOOLE, the Com
mitee and reported
| QUESTION PRIVILEGE.
Mr.. DROMGooLE rose to question Of privi-
ege.
| He had been informed The sad) on authority
which he could not question, that colleague Of his
had received subpoena TO attend court of justice
| in this District. His colleague had no objection to
attend. But he (Mr d. wished the House to de-
eide the question of privilege inasmuch 1t had,
| he understood, been discussed in court. The Man
ual, under the head of privilege, at page l22, held
the following language:
THE privilege of member the privilege Of the House
If the member waive 1t without leave, it is ground for
Furnishing him but cannot in effect waive the privilege OF
| the House"
Thus Continued Mr. D., my colleague, land there
are others in the same stuation,) if he valves this
priyiege-(which privilege is to attend here)-and
goes off to attend court in any State or Territory,
or even in this District and thereby goes from the
vice of the House, subjects himself to punishment.
Ihave already said that my colleague (whom may be
permitted to name, Mr.. HoPKNs,) has no objections
to attend. But he desires that the House should ex-
press its permission, and grant him, and others, who
have been, or may be, subpGnaed, (all Of whom
do not know leave TO attend. The words Of the
| constitution are:
They [memberl shall in all cases except treason,
felony and breach OF the peace. he privileged from
during their attendance at the session OF their rePec
tive houses and in going to returning from the same"
Mr. Jefferson, in his Manual, gives his interpre-
ation Of the constitutional privilege from arrest,
and which he says is an exemption even from the
service ola subpoena, and he assigns the reason.
He says:
"Ths privilege from arrest, privileges Of course
against all process the dsobedience of which pun
shable by an attachment of the person; as, sub
prna ad respondendum, or testihcandum, or q
summons on jury; and with reason; because a
member has superior duties to perform in another
place. When a representative is withdrawn from
his seat by summons, the 49, 900 people whom he
represents lose their voice in debate and vote, as
they do on his voluntary absence; when a senator is
withdrawn by summons, his State loses half its
voice in debate and VOTE az it does on his volun-
tary absence. The enormous disparity Of evil ad
| mits no comparison. ]"
l, therefore, Continued Mr.. d. propose to move
| a general resolution, that any member who has
1 hao ha ,k. .nl and
court during its present term shall have the leave Of
| the House to do SO.
Mr. WINTHROP desired to suggest to the
honorable member from Virginia, the propriety
Of adding the words eff they think fit to do So" OF
other words to that effect. Mr.. w. said that this
was not new subject to him. He had himself
come very near to being involved in collision
with the judicial authorities of this District on
point of this kind four years ago. He had then
examined the subject carefully in relation to his
own dutes and his own rights as member of the
House; and he had come to the conclusion thai
there was no power in any judicial tribunal in the
land to compel the attendance of member Of Con-
gress for the purpose of giving testimony. He was
for asserting our privilege on this subject to the
fullest extent, and for using no phraseology which
should leave that assertion in any degree doubtful
1t was privilege of our constituents, as well as
Of ourselves. II they might be deprived of their
representative here by judicial process at one mo-
ment, they might be at another. A representative
might be withdrawn from his place when questions
of the gravest mportance-of peace and war; of tariff
or fnance-were depending for their decision upon
his single vote. Nothing could bemore dangerous to
the interests of the people than the admission Of
| such power, and he hoped the House would resist
| its exercise on all occasions
Mr.. DROMGOOLE could see no necessity, he
said, for the modification. But he concurred fully
with his friend from Massachusetts,, Mr.. VIM
rHRor that the courts of the District could not dis
solve Congress, for that the whole amount Of
the matter. If they could subpoena one member
they could subpoena both branches of Congress
and thus, for all practical purposes, dissolve Con
gress itself All the House could do was to give
leave to its members to attend, so as to absolv,
them from punishment They could not compe
them to attend The question, he understood hat
been argued for several days in the court here, bu
what the decision was he did not know.
i Mr.. C.. J. INGERSOLL (whom it was impos
sble to hear with any accuracy was understood t
refer to case which had occurred several year
ago. where he had been robbed of his watch, and il
which the man charged with the theft had beef
prosecuted and tried in Alexandria. He (Mr. l.