Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-02-19

tuition. 1, is one OF ,hesamsnd mems oi the Con-
s,iulion supplying what The Intelligent lrames oil
tina, ins;rumen, seemed Ia have omitted. wish
nol ior my own Justification, Mr.. President, be-
cause tius:, with those who sent me he:e, intel
iigen, a. III i are, need 10 Justification But
wish, in order 10 give some roitt To wat may
10 low, 10 resae the facts, and show The position
in which lhs malier stood before The Senae. l
refer 10 The vote which called forth The article e-
tered 10 in the resolution. There was provso
in the army bin giving power 10 the President Of
the z. s. 10 appoinllhe officers othese l0rcsments
with the advice and consent OF The Senate and con-
ced;ng TO him power 10 appoint the officers du-
lin, Inc recess al his discretion, requiring him 10
submit such appointments al The next session. 4
never considered The constitutional objection al
all when il was raised Tor The hrst time, think,
by The distinguished gentleman from South Ca
rolina; and confess that, looking upon il as
question OF pure expediency, thought that there
mus, be very strong case made out 10 induce
me 10 give To the PIesiden, the whole power al
such appointment. Blu, had no constitutional
difficulty. When The question came back, il was
stripped, 10 very great extent. ol The objections
raised. because nc power conceded 10 The Presl-
den. was confined 10 an inferior class o. military
appointmenls-company officers, and so forth
BIT there was in that provision declaration that
il the President did appoint in the recess, he
should submit such appointments 10 he Senate, al
its next session, Tor It's revision. Now, what
could bring 10 bear on the matter satisfied me oi
;hi-. that while Congress had the power either 10
confer The authority, or withhold il, they could do
no more. They must confer the very power 81
ven 10 them by the Constitution, or they must con-
fer none. They must give 10 the President The
power Ia make appointments alone, or place II
where the Constitution places H. subject 10 their
revision. | viewed il in thai gn be The conse-
uucuces what they might There the difficulty
was. The Senator from Arkansas had remarked
that The Editor was guilty inadvertently OF com
hitting an indiscretion in consuming The Senate
| do not agree with the honorable Senalor.-
| Happening to have had long and intimate ac-
ouaintance with that Editor, am satisfied that
| he committed fault which | remember 10 have
[ seen well expressed BY an English wrter-he
committed no, the fault Of inadvenency, but ihr
| fault o! adver,ence in omiting 10 look al il.
know that in this country there is freedom G!
The press which, with many degeneraIes INTO IL
cen,iousness 10 not ascrhe il 10 this paper,
because, as far as ms judgment goes, II does nol
| appy Bull mean 10 say this, that great as The
| fre dom OF The press is, would give il The mos!
| unbounded RIGHTEOUSNESS, rather than manacle II
Tor one Inslan,-for one instant. well, now,
what is the tact2 | have been told that this ie.
| solution does not interfere with the liberty oil The
press that il proposes only The exercise oil An un
| doubted rish, on the part Of the Senate 10 with
| ho,d a courtesy from a certain individual. deny
! the proposition. ! have taken some pains 10 in
! ouiie BIZ what authority The editors OF this paper
have access TO the floor. could not find II IN The
| rules ANYWHERE. | could find in the rules oi The
Senate that the privilege OF this hoof, as II IS cali
| ed was extended 10 certain class ~ citizens,
| really as a courtesy ami as compartment
extended TO those citizens VINO had render-
ed important public seryices--those who, b,
| name, had received vote oil ihahas from
| Congress--those who, from their positions,
were entitled 10 il; bui could not see any rule
| allowing the editors ot newspapers admission
none found rule requiring oi the ST.
cretary Of the Senate, as pure business mai
Ter. 10 assign the reporters oil newspapers
appropriate places in the gallery, giving that
! privilege 10 lhem because They are reporter
| lor lie press but none authorizing the edHorS IL
the pa pers 10 come upon the moor o! TINS cham
| ber | soush! luther Tor information, and j
luuni ths-lha whether The editors ot The paper
he ur be not officers oil the Senate that the editors
who are contractors Tor the public printing, held
+, such business relations win The SENATE as made
i; convenient lor the Senate, and lot 'heti, anu
| G,, The pconle, lha, they should have convenient
! access upon the floor Of the Senate. That gives
/ ..,.n, ms right. The editors with whom this
/ ,.i,.cl has been made hold al least one official
I .;;ian 10 The Senate, ID: they ale The sworn
! .,.,n,e,, u the Senate in all matters requiring
| secir.g Hu; III that relation what | mean !"
49, !, mat the access TO he floor OF this cham
| he. which is given 10 rd''of> holding tho public
| or;n,ins. is one arising ou OF lhe business reia-
lions o. this DO ~ |! is not matter OF privilege,
!, i nnt extended 10 Them as a privilege il is no,
| embraced within The rules where ihe courtesy is
,yl,n,ed, Il arises By the lacit admission oil thr
! sana,e and lis officers, out of The business Iela
| mons which subsisls between the editors and the
| senate. We'll now, what do you propose 10 dol
you Dronose 10 deprive the editor Of the access To-
This loor. And why? Because in the papcf
which he controls there has, as Is alleged appear
| II puplic libel upon The Senale. Wha. then!
| Let the resolution pass, and The inevitable conse-
oucnce is, 10 hold q rod over me editor. The
freedom OF The press IS restrained 10 lha' extent al
least, that what gentlemen occupying seats here
MAY consider 4 libel, or The body oi The SENATE
| may consider a libel upon them, IS the iIce-
dom of The press which you viii not allow, under
the penalty al being oppressed IN youf private
business business arising ouI ol contracts WIN
he Senate II i, enough for me 10 know that
this strikes a olow-wheiher hard or lighi
blow is iniualef:al-al The business oil those wh"
conduct The pubic press, and that The penalty Is
what have named. SIR, b. what authority co
you pass this resolution trust nave SHOWN
10 The Senate thai ii is no, mere courtesy which
shall be Withdrawn. IL is seeking 10 aHeci lheiii
ia their tusiness-in their private pursuis-anu
there is this restraint al least that you should pub
lish nohiry which We consider lioellous Now,
by what authosily2 speak il with deerence
as becomes ne, but ask il OF you as states
man and )uTisi, by what authority VIII Inc Se-
nate pass this resolution TO restrain the freedom
of The press7 VIII any gentleman rise IN ms
place and say thai we have not had stern a.
moni;ion IN The days OF l75S, in The sed'llon law
which was cited, ard thought APPLY cited, ny an
honorable Senator VINO has preceded mes Wba'
were the terms Of that se!i;on lawf The terms
we're that, il any should print or publish any de-
iamato,y matter ofihc President or The Congress,
or either House. with intent 10 bring Them inlo
contempt or disrrpule they should be hned and
mprisoned I Now what j. The extent oil Tins re-
solution Ii is Thar II lhe printer 10 Inc SENATE
shall prin. or publish ioel, or mater deiama-
tory Of the Senate tending 10 bring IL INTO con
tempt and disfepue. mol that they shall be llned
or imprisoned, hui That they shall be cut oil IN
their business relations and intercourse win ms
chamber apaFehend penalty equal TO me,
il not a very heavy fine, il not equal 10 lmprls-
onment. The law was limited in the enactment
To TWO years. and il expired, as we have seen,
amid the ex'craiions OF the American people,
II was an attempt to manacle the presto inter
irre with the freedom OF the press-a law which
was suffered TO expire within two years by us
own Limitation, ami SO lar as my knowledge e.
tends, there have been since "none so poor as do
il" any reverence" confess can see no dill
terence in the principle wha,ever-l tan see no
difference in the facl- can no difference in lis
consequences between the re-eaaclmen, Of this Sc
dilon law and the passage OF the resolution which
is on your table. So far as the Stale which
have the honor 10 represent in part upon this floor
haS
Of the freedom Of the press, lis language has been
most emphatic and conveys an adInoniIon,
which in PARTED me 10 address you. and which
am mol at liberty TO disregard. In her Bill Of Rights
adopted in May, l776, before The Independence Of
this country was declared, there was incorporated
a provision, intended in The mos, emphatic manner
10 geard The liberty OF The press Fifty years after
waods-aite. the expiration of halfa cenlury-ihc
Safe of Virginia. ia revising her institutions, re-
adopted thai Bill of Rights, without The change
of a lelier-o course retaining that very article
10 which have jus, referred am mol al iber
~ then, as one clothed with The high trust and
power Of representing that Commonwealth on this