Weekly national intelligencer., 1846-05-09

judicial authorities Of this District Mr. W. thought there
was danger the House consenng part with lis privileges
OF TO sanction the doctrine that the courts had power
mand the attendance Of member Of Congress The question
was question of Mr.. w 5 constituents. II whethe
their Representative might by compuson be taken from tha
House. where his duty their Representative to at
tend to their interests question Of peace and nigh
be pending, and the House equally divided that sng
vote would turn the scale way the other II member
in such circumstances might be Withdrawn obey udca
process what protection there for the rights Of the people
at large.
Mr.. DROMGOoLE said he entirely concurred in opinion
with the gentleman from Massachusetts, (Mr WIsTHRoP)
that the of the District Of Columbia had power
dissolve Congress and the question that because
they might withdraw man, they might withdraw all the
members oboth Houses, and this might happen in time Of
(Wheher il would be agreeable to gentlemen not in
such case, he could not tel.) A laugh The House
could not abrogae its pvegest held these under the
Constitution but il might give leave to member to attend
the courts If he chose exemptng him from punishment
Gherefor
Mr. c. j. INGERSOLL stated that he too had been sub
p9naed the time with the gentleman from Massachu-
setts M WIsTHaop in consequence of his watch being
stolen, and his presence being required TO testify against the
thief The question had been brought before the court by
Mr. Fenda, then the District Attorney whether his attend
could not be compelled but the matter finally
promised by consent that his written deposition should be
taken As was somewhat of nice question, he would
suggest the gentleman from Virginia that any resolution
regard to it should be worded with great caution. The p
ege in question not personal to the MEMBER but public
in its nature, and bearing the interests of the whole
country.
The resolution having been read again
Mr.. THOMASSON said he was not prepared TO vote in
favor of this resolution, and yet he felt reluctant to vote against
it. He entertained fear Of any collision between the
thores of Congress and the courts Of the District The
stated by the gentlemen from Pennsylvania and Massachusetts,
of itself sufficient satisfy him that mproprey might
grow of the doctrine taken in this resolution might
prevent the conviction Of the greatest villain under the
Supposng member witness to the greatest crme and
did not choose leave the House TO give in his testimony
could be that the had power compel his attendance
and thus punish the offence Mr. T. could not subscribe
to such doctrine And the gentleman in question had
objections attending Witness he thought the resou
ton wholly unnecessary and would suggest to the gentleman
from Virginia that it would be better for him withdrawn
Mr. SIMS of South Carolina, said that this question Of
privilege not one, controversy between
Congress and the thing On the celebrated trial
of Dr. Cooper under the seoD law, this very question
raised. The court then held its session in Philadelphia
where Congress sitting, and under that law the truth might
be given evidence Judge Chase of the Supreme Court
and District Judge, who with him. decided that Doctor
Cooper could have coecve process compel the attend
ance Of members Of Congress- The held the doctrine
laid down by Jefferson in his Manual. No member bad
right to waive his privilege, because was the privilege
Of the House and the privilege of his constituents Mr.
oppose the resolution not however, the ground stated
by the gentleman hom Kentucky (Mr THoMAssoS,) who
had just taken his seat but because he held that the House
had right to dispense with the privilege of any Of its
members.
Mr. McGAUGHEY said that if the resolution had embo-
lied the speeches Of the gentlemen from Massachusetts and
Virginia, (Messrs WINTHROP and DRoMeooLE he should
have been compelled to vote against it but all it said was
hat member might attend the court if he pleased without
exposng himself punishment the House for his absence
It did not decide the question of privilege, touch at ALL
md therefore he should vote for the resolution.
Mr. HOLMES, Of South Carolina opposed to the re-
solution. He thought extremely unsafe that the House
hould egslate this hasty and summary great
tn he n mem
night be compelled leave the House by Of
ourt and in illustration Of that position he would put
uesion. Suppose the tariff bill should up for discus
he knew, and did every body know, that there
Members in that House who would gladly avoid that
ILL., if they could Now, might they not under the inu
OF this feeling, get some case IN the court and by
ummary legal process conrve TO exempt themselves from
eng when the vote taken and thus avoid that
ord and stringent thing called the yeas and nays The
House might send their Sergeant but the gentlemen
would contrve be detained in till the question
'as He aPprehended great injury might be done by
ng the resolution, whereas could result from leaving
hings in stau quo The privilege of members wall Of
round about them through which process of the court
mad power pass Should the House relax the
gege and let members absent themselves under subpoena
very dangerous consequences might He hoped the
House would not in this rash dispose of grave
question as the rights of their constituents.
Mr. VINTON said he in favor Of giving 10 members |
The privilege asked but he wished it done in such form
would waive any Of the privileges Of the House. His
objection TO the resolution stood this carried
by implication the admission Of the authority Of
subpoena a member Of Congress.
Mr.. DROMG0OLE said that he knew lfs friend from
Ohio to he very accurate lawyer, and he ready
cept Of any modification Of the resolution he should propose
Mr.. VINT0N said the privileges of the House and Of its
members had been well defined and laid down by jefferson
his Manual One Of those privileges that member
might not be cited in his case and another that no
member nigh be summoned a witness He thought the
resolution should be in such shape should express the
assent Of Congress to the court smmoning os members
Mr.. DROMGOOLE said that he well assured his
friend too good lawyer not TO know that Congress
could not prevent the court from issuing its subpoena, if il
chose 80 to do.
Mr. BURT here rose, and addressed suggestion to
Mr.. VIsToy, which the Reporter could not hear He OBJ
served that attending the courts TO give evidence high
public duty He thought il the attendance Of members was
needed Congress should give the court power to its
members Without such consent it conceded that the
could not them. He would suggest that the
Of members who be subp9naed should be in
,erted in the resolution
Mr. SIMS, of South Carolina, thought that simple leave
Of absence all that needed.
Mr. VINTON asked for the reading of the Manual where
treated Of the privileges Of members of Congress- which
was read as follows
The privileges Of members Of Parliament from small and
obscure beginnings have been advancing for centuries, with
and yielding pace Claims seem TO have been
brought forward from time tme and repeated till some
example for their admission enabled them to build law that
example, We only, therefore, state the points Of pro-
rression which they II is acknowledged first
that they all times, exempted from question elsewhere
any thing said their House that during the time
Of privilege second neither member himself his wife, or
his servants fuies sal for any matter Of their own may
be arrested process any civil suit third, be
detained under execution though levied before time Of pv
ege fourth nor mplcaded ced subprned in any court
fifth, summoned witness juror SIXTH nor may
their lands goods be dstaDed seventh their persons
assaulted characters aduced and the period of time
cred by privilege before and after the session. with the prae
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