Weekly national intelligencer., 1846-05-09

bedence such process would be punishable by ataemer
OF the person .hal this resolution be construed into
order any OF its members TO attend under subpoena
summons, should he object TO do SO.
Mr.. ADAMS wanted to know whether this request wa
preferred by gentleman who had been subpenaed
Mr.. DROMG0OLE explained that he had offered the re
solution the request of his colleague, (M HorKIss
and he understood that other gentlemen in the sam
circumstances he had given the resolution general form.
Mr.. CONSTABLE desired to know whether this resolu
on had been offered at the request OF any other members
and if So who they Did they desire this privilege
Mr.. DROMGO0LE Speaking by permission Of Mr.. An
ANS, who had the floor said that he asked for privilege
he had moved for privilege simply the leave TO be alb
while attending witness in court if his colleagu
should prefer that remaining in the House and he
dersood other gentlemen had been subpenaed he thought
best TO include them The resolution waived privilege an'
imposed no obligation.
Mr. CONSTABLE said that he then understood the re
solution TO be offered at the request of member only
Mr. ADAMS considered this question of great import
ance, involving, first the privilege OF member Of Congress
and second the power Of court Of justice. lie hoped
would be adopted by the House which would produces
any thing like collision between great institutions Of thu
country which threw the protection of law around ever,
member Of the National Legislature, and the other which call
ed witnesses beore testify in disputed questions between
man and man. Therefore it that Mr. A. had requested
to know how the question before the House. He found
motion Of very respectable gentleman from Vr
gna who had offered general resolution, operating through
out the present session Of Congress all the members Of the
House.
This form Of the resolution was he thought extensive
general resolution needed at ALL it should have beer
still genealstl extensive, and should have had
the form and effect OF permanent rule applying TO all future
time This exceedingly delicate question. II en-
braced, the hand the privileges Of member Of Con-
gress which in their nature against the law,
and which he enjoyed not for HIMSELF but for his country
and especially those whom he represented and the other
the power he had almost said the sacred power of court
tn xyitn
liberty and to all the rights and privileges which reemen held
dear.
What Mr. A. was mainly anxious about in the was,
that there should be collision between these two authorities
He objected to any general resolution He would recur to
what had heretofore been the practice in the British Para
ment from which Legislature had oginated but
British Parliamentary precedent as having by
its authority any application here but because British
practice good consult in OF this descri
ton. The general principle was that member Of the Le
gsature should be exempt from arrest and even from
attachment proceeding from court of justice Mr.
A. held that member bound TO claim this privilege
but if he could attend the court its subpoena, he might do
SO without any violation Of his duty to the House.
Mr.. A. also had had some experience in this matter He
had received to attend before grand jury, and
afterwards in court regular subpoena He had not ta
ken advantage Of his privilege, but had readily attended and
this he thought every member ought do unless he had spe
cia for refusing II he had such special reasons that
enough if he stated that he had been summoned but
did wish attend and called the House to protect him
any inquiry into those reasons bound to protect him.
But it his duty prefer his personal claim for such
protection and to have done under any general esou
on The permission 10 attend the court special priyi-
ege and the member if he chose to CO. might ask leave Of
absence for that purpose he did not he might ask proec
on If the member in this desrous to attend let
him ask that leave This Mr. A. thought weuld be the pro-
but the resolution in its present form ought not
% psss.
If no such request should be preferred and action of the
House should be had then the great question whether
he Constitution exempted him from arrest by the process of
he court whether he might not be attached, and if he
used obey, then whether he would subject himself
Imprisonment To compel the attendance Of witness
me of the rights of court Of justice The court not
ound to know that the subpGned member of Con-
,ress. When application was made to cout Of justice for
writ Of subpoena to compel the attendance OF Witness the
had discretion, but obliged to issue the writ
The member might before the court and plead his prv
ege and then the would determine his application
he arrested and refused to attend then the next
ep him. and, if he refused to obey then
init him prison. Such the practice in England. Mr..
A. did not know whether here but he supposed
would be the pursued.
If member subponaed and had no objection to
lending but his duty attend the sngs Of the House, he
might apply for leave, and the House would decide his
request #atr
Mr. DROMGOOLE here asked leave to interrupt Mr.. A.
Tor a moment
Mr. ADAMS. Certainly.
Mr.. DROMGOOLE The gentleman said, under
stood him. that the court nigh. subpoena member without
being obliged to know that he member. Did he not
know that the officer would do that at his peril
Mr.. ADAMS Where do you get that law
Mr. DROMGOOLE. Iii in Jeferson's Manual, adopted
your motion the rule of this House, and printed by
thousands Of copies by your vote
Mr. ADAMS said he had moved to adopt that Ma
nua as the law of the House.
Mr.. DROMGOOLE. You did vote TO print thousands Of
copies Of it, giving it your sanction.
Mr.. ADAMS said the privileges Of the British House Of
Lords the laws of this country, and God forbid they
should be- Mr. jefferson himself bore his testimony
this book against the the monstrous extent
to which the doctrine of privilege carried in that coun-
try and it, that they had themselves been
obliged down from time time The judges of the
in England had decided that they had right to in
terfere and dsgraceful decision it If the
gentleman said that he (Mr. A. had proposed the
adoption of such rules for this House. he greatly mis-
taken The rules of the House adopted long before
Mr. A. became member.
Mr.. DROMGOOLE said Mr.. A. had been a member be-
fore he had.
A message was here received from the President of the
United States.
Mr. ADAMS expressed his regret that his good friend from
Virginia would take this opportunity to make personal mat
ter Of this question. He entirely mistaken in saying
that the Manual made law Of the House Mr.. AS
motion.
Mr. DROMGOOLE said he should not permit the gentle
from Massachusetts to escape under any equivocaion
That gentleman had made the motion for printing the Manual
great numbers The motion adopt the rule Of the
House had been made by Gen. Mercer.
Mr. ADAMS asked pardon Of the House for saying word
to what bad been his OF action respecting this
Manual. He had been select committee in company
with the gentleman from virgnia-on committee for the
vsa Of the rules Of the House. general parcuaand he
had he presumed voted for printing number of copies Of the
Manual. That the charge Of the gentleman from Vr-
ginia.
MI. DROMGOOLE. | make no charge.
Mr. ADAMS. But that gentleman well knew that he MR.
L.I