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

TO punish that individual or 10 compel the attend
ance Of Witnesses The most hardened villain might
In this way go unpublished IL seemen 70 MN thaI
this was a declaration Of authority and power that
would not readily be assented TO. There was no
danger of any encroaehment on the rights of the
House.
Mr.. GORDON made remark or suggestion, Of
| which the reporter did not hear word.
Mr.. SIMS, of South Carolina, said that this case
was not a new one, nor was the controversy be-
| tween the privileges of member Of Congress and
the courts Of law new controversy He was UNI
derstood Though scarcely heard, there 80 much
confusion in the hall 10 refer to the case OF mo
mas Cooper, which occurred whilst Congress was
| in session at Philadelphia. Under the law then ex-
| listing, the truth of the libel upon the President
or any public officer might be given in evidence.
Members of Congress- as well as the President,
were summoned. Judge Chase, as well as the
district Judge who sat on the trial, decided that
| Mr.. Cooper not entitled TO compulsory
process against members Of Congress: The court
decided that such process would DC lneompa'lole
as given by Mr. Jefferson in the Manual. No
member had a right to waive his own privilege, be-
cause It was the privilege Of the House; nor was
this personal privilege it was the privilege Of the
constituency. The House, consequently, ought not
TO waive it. He was therefore opposed TO the res
olution not on the ground stated by the gentleman
| from Kentucky, Mr.. THohAssoS,l but on the
ground that as this was not personal privilege, the
! House had no right TO valve 1t. He hoped the res
olution would not be adopted.
| Mr. McGAUGHEY was understood to say that
| he thought the objection raised by the gentleman
from Kentucky mr.. THoMAssoS was not aPpca-
BILE TO the case. Ii the speeches OF the gentleman
| from Virginia and the gentleman from Massachu-
sets were embodied in the resolution, he (Mr.
| MEG thought he should vote against II. But all
that the resolution proposed was that II these gen
emen desired to attend court, they might so far as
| this House was concerned do so. II was merely
granting them leave To attend, thus freeing them
| from any punishment for non-attendanee on their
duties here. By the adoption Of the resolution the
House did not decide the question Of priyilege-not
at all It was merely telling certain members that
they might do as they pleased in the premises, and
that this House would not punish them for their abb
| sence il they chose TO attend the court.
| Mr.. ISAAC z. HOLMES said he was decided
" opposed to the adoption Of the resolution II was
extremely unsafe for this House to legisate in this
summary manner, on general principles. What was
| the amount Of the resolution Ii was conceded by
the gentleman himself, that the member not by
any compulsory process, liable to be carried to
court. On that score, therefore, no danger was to
be apprehended.
But question Of some difficulty, in connexion
with the resolution, presented itself 10 his mind.
Suppose the tariff bill should be taken up-a bill on
which, he believed, goodly number Of the men,
bers Of this House would, If they could, avoid vo-
unR. .OnutI ulC BcHciai PlNhSBS bhuS
without any exception, 10 attend the circuit court,
which might sit here for some weeks to come, gen.
temen might get out summary process upon any
subject for the purpose Of exempting themselves
from their attendance here and avoiding the horn
BILE and stringent rule of the yeas and nays II, hav-
| ing subjected himself to this process Of court, he
should be sent for by means of the sergeanta-arms,
what would be done? The House would not pun
sh him. If satisfied il TO subserve the purposes
Of interest," but would let the court suspend its pro-
ceedings till this House should have prosecuted its
business. In the one case, great injury might be done
by the resoIution-in the other, there might be no
result from letting things remain In stau quo. The
privileges of the House were thus wall Of fire be.
yond which the courts could not pass; but to relax
their own privileges might enable members, if they
chose, to avoid voting on an important bill The
| House should not, when so grave a subject
was pending, adopt any resolution which might ena-
bic member to avoid his responsibility to the con.
stitution under the influence of subpoena.
| Mr.. VINTON said, he disposed to give the
privilege asked by this resolution; but he did moi
think il should be given in such form to waive
any of the admitted privileges of the House. Nor
did he understand that the gentleman from Virginia
[Mr. DRoMeooLE, intended to waive any; the diff.
Guilty with the resolution this-that in the shape
in which it was proposed, it carried with 1t an ad
mission that the court had right to subpoena
member.
Mr.. DRoMGooLE (interposing) was under
stood to say: ask the gentleman to permit the res
oluton to be read, and thus what its qualif
cation is. am the last that will ever yield any
of the privileges Of this House.
The resolution having been again read
Mr.. ViNTON proceeded. He was abou
to remark, when interrupted by the gentleman
from Virginia, that the privileges Of thu
House seemed to be well defined and specifically
laid down by Mr. Jefferson in his Manual. In the
first place, one of them that no member SHOULD
be summoned cited, arrested in his own case
Another was, that no member should be summoned
as witness If, then, that was one OF the privileges
of the House, this resolution, it seemed to him
should be so shaped as that the court should hav,
leave to summon them.
Mr.. DROMGOOLE Cunning to Mr.. VIsroN
made a remark of which not a word was heard by
the reporter.
Mr. BURT was understood to make suggestion
for modification of the resolution but nothing of
was heard by the reporter
Mr.. A. d. SIMS suggested that instead Of any
thing being said in the resolution about the court
the House should simply grant leave of absence t
those who wished to attend it.
Mr.. VINTON said he would send the Manual Il
the clerks table to be read, so that members nigh
understand what the privileges of the House were
All he desired was that the resolution should be pu
into such form that the House shall not waive it
privileges, whilst, at the same time, those member
whose testimony was needed might be permitted t.
go and give it. He thought the gentleman from Wiz
gna was mistaken In supposlng that the court mac
any power to summon any member here.
The clerk then read the following passage from
the Manual:
"The privileges of members of Parliament from small
obscure beginnings have been advancing for centure
with firm and never yielding pace Claims to hav
been brought forward from time to time and repeated til
some example of their admission enabled them to bull
law that example. We only therefore state thu
points of progression at which they 1t is nov
acknowledged, LIST That they at all times exempte
from question elsewhere for anything said their owl
House, that during the time OF privilege, ID Neither
member himself his wife, his servants amliares sui
for any matter of their may be arrested
process in any civil suit 3D. Nor be detained under
ton though levied before time of privilege; 4h Nor i'm
pleaded cited subp9naed in any court kh Nor
ed witness or juror 9Th Nor may their lands good
be dstraned; It'll Nor their persons assaulted cbarac
tiers traduced And the period of time covered by priv
ege before and after the session. with the practice OF shor
prorogaons under the connivance of the crown
fact perpetual protection against the of u,
tice.n
Mr.. VINTON resumed. He did not wish to in
terfere with the resolution 1t his DESIRE if tn
court wished the attendance of any members of thi
House, that they should have the privilege to at
tend if they thought proper so to do. All he de
sired was again to suggest. to the gentleman fror
| VIRGINIA or thnse noembers. having anu charpe n