Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1847-01-13

lowe. strongly impressed with sense o
the duties, which our situation as the rep
resentstives oflA free aud enlightened PEG
pie imposes upon US; and feeling that 81
lence upon subject involving the right
and liberties Of : citizen. might be constrn
I'd into tacit acquiesence in the late pro
csedings Of this House, in tho arrest AMI
imprisonment Of Samuel T. Marshal, al
though we are. and have uniformly been
in tavor Of full and fair investigation, ),
do hereby enter this, our solemn protest
against the manner Of conducting said pro
ceedings:
lst. On the 9th day Of December, 1886
Nelson King, q member Of this House
arose in his place and made statement
in which be charged Samuel T. Marsha
with All attempt 10 bribe him, the sale
King. Upon this statement the majority
Of this House ordered the Speaker to is.
sue his warran, to the Sergeant at arms Il
arrest said Marshal, which order was car.
ried iuto effect. and the said Marshal was
arrested and held in custody.
The undersigned protest that said order
Of such majority, directing said Marshal
to be arrested and imprisoned, before ANY
sworn or even written charge had been
presented against him; aud before this
Houss had any knowledge Of such breach
Of privilege, excep. from the parole state.
msnt Of a member, was direct and un
constitutional sttock upon the citizen, and
il allowed 10 remain as precedent, will
DO dangerous to personal freedom, and
sabversive Of the dearest liberties Of the
American tre-msn which legislatures are
bound to project, and not to destroy-in-
asmuch as the mere words Of member
can al any time subject any citizen Of this
State to duress and imprisonment.
The undersigned do not deny the pow
er ofthis body to protect i,ssl. against itself
bu. they do mos. solennly deny the right
or the power Of this body to arrest aud
nnprison citizen, until the accused is
charged by the oath Of some person; or TN
less the contempt is committed is in the
presence Of this House.
I'd. Tho Clerk OF this House did place
upon the Journals Of the same, certain
language and expressions, purporting to
be the remarks of the said Nelson King,
charging the said Marshal with an at
temp: 10 br,bc him, which we're so placed
upon the Journals without the order, con.
sent or knowledge Of this body, and con-
trary to the usages Of the same; which
language and expressions so placed npon
said journals by the clerk, in the opinion
and belief Of the undersigned, did not con-
tain true statement ofthe remarks made
by said King And majority Of this
House did on the 9,h day OF December
A. D. 1886, refuse to strike said garbled
expressions from said journals, but allow
eli tho same to remain as part Of the
proceedings Of this House.
The undersigned do protest that tine
s.id act Of the Clerk, was q violation Of
dirty IN hi- part, gross and pslrable i'll
,eri.,ence Vi an cificer with the business
Of this House; and thst to ADM, the
speech or remarks Of q member to be re-
corded on the Journals as part Of tie
proceedings, is unusual unprecedented;
and unless the privilege is extended to
allthe members, unjntt and partial.
3. The majority of this House did ap
point Committee to investigats he char
ses made against said Marshall before any
worn or written accusation had been
made. and before said Marshall, had been
and before an opportunity had
been offered 10 him to be heard-thus as
suming inlallibIlity in the words Of a
and indisputatle gull! on the part
Of the accused.
4. When said Marshall was brought be-
fore the bar of this House, he respectfully
petitioned this House to be heard by hi,
Counsel; which reasonable aud just re-
guest, majority Of this House refused.
The undersigned protest that said refu-
sal on the part Of the majority # this
body, was unjust and tyrannical, and a
fragrant violation Of the fundamental 2rin-
ripIes Of our Republican Government.
None hut the most arbitrary and cruel
Iyrant ever refused to hear a respectful
answer IRON an accused subject. And
" hen the Voice of an American citizen
becomes more feeble, and his rights less
than those OF the subjects Of
, king, or the slares Of the despof, then,
indeed, will our boas,ed freedom become
. by-word, and the temple Of American
Liberty soon crumble to the dust.
5. On the tenth day Of December, A.
D., 1916. the said Marshall did present
the following as his respectful protest to
his House.
'sTo the Honorable the Speaker Of the
House Of Representatives OF the State of
Iowa: l would respectfully request that
Oh lay before the Hon. the House OF
YES this, my protest, TO the
proceedings heretofore had in relation TO
my arrest and imprisonment.
/. protest agains: my arrest end i'm
prisonment before any charges have been
preferred against me in writing by any
person.
2. protest against the House taking
ny steps against me, until l have been
provided with copy Of my accusations,
allowed counsel 10 consult with, and have
been allowed reasonable time to answer
aid reply TO charges aud specifications.
3. protest against being arrested and
deprived Of my liberty upon the mere
words OF member OF your Honorable