The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-16

defiance of the expressions of dspeasure the part Of
the Senate and not only but further insults had been
added This the course taken by the editor OF the
Union, he might say, by the Executive, OF whom ne
was known to be the INSCRIPTIONS organ, and these
facts lac Were al before the Senate Us appealed hen 70
sity of instituting an examination by committee
Mr.. BUTLER said he thought he had been explicit
enough the other day when he addressed the Senate upon
this subject lie had then said, frankly that il was to
give the editor of the Union opportunity to make such
explanation he might have to make as to authorship
and publication of the article in question: in order TO re-
leve himself at least from the intention design to Ii
bel the Senate But if he still persevered and refused to
exonerae himself from this responsibility why he would
agreeable himself He had always been inclined to the
opinion that better that such matters should be set
tied in accordance with the principles which prevailed in
jurisprudence, by permitting the party accused an oppor
tunty to exonerate himself from the charge made against
him. He should shrink from the performance Of any
duty but he did not know that at all necessary TO
court or desire the performances Of a painful duty
| Mr.-ARGAER safd he merely desired the senator TO
listen the consequences OF his proposition The sena
tor desired he sad to give an opportunity to the editor
of the Union to explain retract He had already had
four days in which he might have done so if he had
thought proper and in what y had he treated the OPP
portunty thus afforded him 91e had employed himself
IN actually aggravating the original offence.
Mr.. BUTLER remarked that perhaps it would be bet
ter to relieve the Senate from the proposition which he
had made he did not know that il was very likely that
Mr.. ARCHER If the senator does not mean to press
Mr. BUTLER | do not withdraw it
| Mr.. ARCHER. have only one thing further to say,
and that is, that if the mind OF the senator vacates
reason with him for not sccedng to hisproposton He
thought would be highly nexpedent to solicit from
acknowledged defamer apology, which he had al
ready for four days had opportunity to make and
now, if committee were appointed it would have the
character OF coming terms of composition for the IN
suit offered to the Senate II there was any gentleman
who would, in this aspect of the be willing to- vote
for the committee, he did not envy that man for the posi-
ton in which he would thus place himself.
Mr.. CALHOUN said he very highly, appreciated the 1
high and delicate sense of justice which his honorable
colleague was known to possess and which induced
him to make this motion. 1t made, he knew, with
sincere desire to afford to Mr. Richie opportunity to
to these publications. upon the high ground that any per-
son who charged with offence ought to have an op
trusted his honorable colleague would agree with hm)
nothing available could be done in this way In
proposition of his honorable colleague had been submit
ted, had reiterated his charges showing entire obs
macy; and. in the next place. gentlemen upon this floor
ground not that the lbelous article published with
the knowledge and consent of the editor but
the ground that our action in relation to It would
have the effect Of invading the liberty OF the press
| 1t did appear to him that it was better to come
at once to vote upon the resolution, and this he
thought was the general entertained on all sides
Being up, he would say that it struck him that the
grounds upon which they put this matter presented
most serious issue between what assumed to be the
press on one Sldc, ana the rights OF
body to control the conduct Of an individual occupying
the position of printer to this body, the other 1t
put upon the ground that printer had business rela
tons to the Senate which required him to come there
and hold intercourse with the members of that body and
let his offence be what might, if they undertook to
withhold from him the privilege OF coming there we
tantamount to invasion OF the liberty of the press
| Mr.. MASON here restated the ground he had taken
in relation to the point just alluded to by the senator from
rendered proper that he should have access to the Sen
ate and that il this privilege were taken from him, be
would be deprived OF a right to which he entitled
and if this privilege were taken away on account of any
thing published by him, it would in that view, be strk-
ing at the !. fr s.afan of the press
privileges which considered proper be enjoyed for
the conducting of his business Of PUBLIC printer will
impair the liberty OF the press Now, if you carry out
this principle. where will it end' Suppose he comes into
this House and insults member upon this floor. Sup
pose he proves to be noisy and dstubs in the exer
else of our high perogatve would it not be aproper eX,
ercse of power part to prevent the continuance OF
such disturbance But if the liberty of the press is to be
set up an excuse for forbearance in the one case
in the of an atrocious libel upon the Senatet may
also in the other Where is to be its limit The limit is
not to be found any assumed liberty of the press 1t
to be found in sole discretion This just as much
domicile the home of citizen is hiss and we are
equally entitled to exercise discretion to whom we
will admit and whom will exclude from this place, as
the citizen has in regard to his home Here we are SUI
ter of pure option with As to the accidental results
to whether il may affect the interests of MrHtchie,
that can nave no possible bearing upon the questOn De-
fore us If he shall have sustained injury by the VIC
aton OF any existing compact he has right to appeal to
our OF justice But, to deprive him OF any right
that he may have to enter this chamber an in
frngement of the liberty of the press than it would be for
subscriber to newspaper to withdraw his subscription
if he nsulted No. sr the liberty of the press, rs
secured by the constitution, is another and very
different thing The constitution declares that no law
shall be passed which shall interfere with the liberty
of speech or the freedom of the press. Now, let
me say there are two ways by which we may lose
right one by yielding it, whether with without just
cause the other by pushing that right too far In my
opinion nothing more tends to destroy the liberty OF the
the policy in this chamber. 1t is not the liberty OF the
press at all that is involved in this question 1t mere
question of discretion part. But to come back to
this privilege which the editor has here That privilege
is two-fold: one, regards the management OF the
printing, and the other regards giving account IN
be possible for his coming into this chamber on
account of the printing for there is another than the ed
tor who has charge OF that department of the business
connected with their public duty. But il is the editor
who is admitted here and whyl Because being the ed
tor, the Immediately interested in proceed
ngs, it is supposed that he should have opportunity to
know and to converse with members here, and to know
what is going order to give correct and true, full
and exact account of these proceedings Beyond this
his relations of business with ceased The great ag
gravaton this is that the senior editor of the
Union here the day which the debate re-
speeding the constitutional objections to the amendment
proposed to the army bill going on, and he knew
the bill lost upon that ground yet, knowing this
knowing the constitutional scrgpes which gentlemen en-
teained he ont with full report of the speeches
made the other side, without single word being re-
ported of those who entertained doubts 10 the con-
sttuiionay of the measure. For this however, the
senoerapher is bameabe but the business OF the
publishing department The senior editor them knowing