Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1847-01-20
PROTEST

j PROTEST
or the Dem& cratic 1Iembers &C
the House againss the manner'
Of conduett,sg the Invesstgafion
Of the Brtbd ry Case.
{ On Thursday, 1.-THE 9TH inst, Mr.. Mar
sos presented TIL following
i Protest. - r Z
4 We, the undersigned members Of the
House Of Representative Of the State Of
Iowa, strongly suppressed with sense 81
the duties, which our situation as the rap.
resentatives Of free and enlightened pso-
pie imposes upoh US; and feeling that III
lence upon sulGeot involving the rights
and liberties Oh ascitizen. might be constru.
ed into tacit:scsnissence in the late pro-
lceedings Of tits House, in the arrest and
Iimprisonment;of Samuel T. Marshal, (al-
though we arg, ind have uniformly been.
in favor of Jll and fair investigation, !
do hereby en|el this, our solemn protest
against the manler Of conducting said pro-,
ceedings: 81
! lst. On the:ah Gay Of December, 1886.
Nelson King a member of this House
arose in his Escs and made statem.nt,
in which he charged Samuel T. Marshal
with an attenbtlto bribe him, the said
King. Uponthis statement the majority
of this House o, dered the Speaker to is
sue his warral 10 the Sergeant-at-arms to
arrest said Ma Nal, which order was car,
ILL ;,,so .fF.o~ Jcl ~. ,a;J M.vsh.1 ,,,s.
arrested and helf in custody.
The undersigfed protest that said order
of such majorrI, directing said Marshal
to be arrested 81 imprisoned, before any
sworn or ever. written charge had been
presented sgsirft him; and before this
House had any knowledge of such breach
of privilege, sxdept from the parole state-
ment of a member. was direct and un-
constitutional: a. Jack upon the citizen, and
il allowed to 1etnain as a precedent, will
be dangerous + personal freedom, and
snbversive Of tbe dearest liberties Of the
American freen3en which legislatures are
) bound to protect, and not to dessroy--in-
asmuch as the mere words of member
can at any time :subjec, any citizen Of this
State to duress and Imprisonment. So
! The undersigned do not deny the pow
er ofthis body 10 protect i.sels against itself
but they do most solemnly deny the right
, or the power OF this body to arrest and
imprison a cili&en, until the accused is
charged by ID oath Of some person; or un-
less the cont] nspt is committed is in the
presence of It's House. IL. .....-.r. ...
! I'd. The Clark Of this House did plscs
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
tempt 10 bride Elm, which were 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 upon
said journals by the clerk, in the opinion
and belief Of the undersigned, did not con-
tain true statement Oft the remarks made
by said King. And majority of this
House did on the 9Th day OF December,
A. ID. 1916, refuse to strike said garbled
expressions from said journals, but allow
ed the same to remain as part OF the
proceedings of his House. .- eH 81
/ The undersigned do protest that the
said act Of the Clerk, was a violation Of
duty on his part, gross and pal Fable in
reference OF an officer with the business
of this House: ard that to admit the
speech or remarks IF member to be re-
corded on the Journals as part Of the
proceedings, is unusual ~ unprecedented;
and unless the privilege is extended to
allthe members, unjust and partial.
! ). The majorityAbf this House did ap-
point Committee TO investigate The char
ges made against said Marshall before any
sworn OF written accusation had been
made, and before said Marshall, had been
arrested, and before an opportunity had
been offered to hin to be heard-thus as
Stunning iniallibslily in the words of
member, and indisputable guilt on the pars
of the accused. se-# 4F
!. When SAID Marshall was brought be-
fore The bar Of this House, he respectfully
pe,itioned this House to be heard by his
Counsel; which reasonable and Just re-
quest, majority Of this House refused. "a
The undersigned protest that said refa-
sal on the par; Of the majority If this
body, was unjust and tyrannical, and
fragrant violation of the fundamental prin-
cipIes Of our Republican Government.
None but the most arbitrary and cruel
iyrant ever refused to hear a respectful
answer IRON all accused subject. And
when the voice of nm American citizen
becomes more feeble, and his rights less
respected, than: those of the subjects of
king, or the ssapes OF the despot, then.
indeed, will gu; boas,ed freedom become
oy-word, and the temple of American
Liberty coon crnmble to the dust.
s. On the ter.,h Jay Of December, A.
D., 1916, the said Marshall did presen,
the following as hid respectful protest to
this House.
''To the Honorable the Speaker of tho
House of Representatives OF tile State of
Iowa: l would respectfully request that
you lay before ths Hon. the House of
Representative. this, my protest, to the
proceedings heretofore had in relation to
my arrest and imprisonment.
l. protest :.sgsins. my arrest and i'm. .
nvs.npmopt hefnre any chuvoaa havo H..