The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-16
The Federal Outrage upon the Press.

In discussing the resolution to exclude the editors OF
this paper from the floor of the Senate, which was
adopted by that body Saturday last, we SHALL for the
sake oconvenience speak OF the the deed Of
the Senate. But inasmuch the resolution was adopt
ed against the vote of every senator present who was
true on that occasion to the democratic party, and
10 democratic principles, wish to say in the outset
and once for ALL that this disgracefu act though done
in the name OF the Senate, is wholly and exclusively
the OF the federal party aided by the small "baance
oi-power party who then betrayed their democratic
trust and abued their democratic character 1t is strict
y partisan deed The democratic party in the Senate
have, by their recorded votes dsavowed and abured it,
and are in no way responsible for it.
Every reader of Saturdays debate in the Senate will
be struck by the fact that the perpetrators of this outrage
upon the press showed from the very first guilty con-
science Throughout all the debate upon the subject
they dared not manfully confront their own act They
sought to stgmatize individual lbeler, and to
denoce his press upon the ground OF particular publ
cation. But in so doing, they compelled to assume
the right to sit in judgment upon the character of a
publication concerning of their public acts They
assumed to pronounce against the man, whom they held
responsible for sentence interfering with his convent
ence, and in SO far as their solemn declaration could
affect him, striking at his responsibility and character in
the prosecution OF his business The sentence is exclu-
Observation-Disclosures of privilege attaching to the print
of the Senate under general rule or CUSTOM ex-
pressed implied, OF that body. The intended effect of
the sentence is degradation, stigma, loss of caste
The plain common OF all men will say that such
sentence must have been intended penalty-a pun.
shment Yet, throughout the whole debate the sup.
poers of this resolution affirmed that it was not pun
shment or penalty-that they did not by adopting it,
exercise or claim the right to punish publication which
they fit to declare libellous oroensve We charge
and the country will charge that this nothing
less than political and cowardice The men
who adopted the resolution afraid to confess before
the country, that in doing, they taking jurisdc-
ton of alleged libel, and sitting judgment upon it,
They well know that such jurisdiction and Judgment are
not among their rghtful functions political body
Yet, as political body, they decide by the resou-
lion that because citizen has published what they
call libel, he shall forfeit a privilege and incu,
what they intend to be degradation That the privilege
of little value, and that the attempted degradation is
futile, does not touch the question The point is tina,
the Senate has in this proceeding assumed the right to
take official action, calculated and intended to do harm
10 citizen because they see fit to call him lbeller
This point touches the very of the freedom
the press as against the Senate.
The penalty inflicted the offending editor in this in
stance, is exclusion But it is avowedy determined b.
the discretion of the Senate and it might just
well have been in the exercise OF that discretion
or iorcibe expulsion Here, then, is the whole case
The Senate has punished within its precincts citizen 70
having made publication without its precincts, whic
1t deems Objectionable The penalty inflicted is discre
| honary. 1t might have been less than it is, and
might have been greater. The only question in TIN
matter between the press and the Senate, and be
tween the people and the Senate, is the right i
that body Of Judgment and OF discretionary punishmer
IN the If the Senate have discretionary jurisdicto
over libel the freedom of the press is at the feet of tn
Senate Ii they have no such discretionary jurisdiction
then the adoption OF this resolution is an outrage upo
the rights Of the press.
What then, is the momentous significance Of this il