The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-23

NAT nuhf moveo mat tns nous eoooufni pas VIM
Tbs SPEAKER did NOT appear to BE- aware ef the sAct
aud put the question, which was decided IN the mega
Tive motions made to reoopsidsr the votes taken
both Of which wsre laid upon the table.
The House ct ve minutes past i've o'clock adjourned
wAsHrNorox, April 30, Is4s.
THg PRIvrLKeEs OF MEMBeR LAwLEss MoB-MENAcE
WHAT SHALL DoNxY
Mr. PALrhkr, rise to QUESTION Of privilege wtsh
to the House In the form Of resolution Can
IT, rssDsstfHy ask, be now rssd by either myself or
The srrAKra-Ths gentleman rises to privileged
question.
Mr. PALSRrr--A question Of privilege.
The srxAKER-Ths gentleman can state the nature
Mr. PALrarv-I submit it In the form of preamble
and resolution
Mr. WrNrvoRrH--Is thAt question Of privilege?
The sPxAxxR-It depends upon the nature Of It
The preamble and revolutions were read, as follows
Whereas common report has represented to members
this House that lswess msb has assembled In the
District of Coumb each Of the last two nights and
committed of voleue setting ct defiance tho laws
and constituted authorities Of tn. Uaited States AMI
meuacns OF this body, and other persons re-
Resolved, That y select committee Of Ave members
and have to Sand for and papers End to
report the f.cts and their ooinon whether legss
mtb., hs, ~. ~r h ~ .ns ana
sesei ons Of the Hous.
Tn. srEAKEn-Ths Chair has No authority to decide
that this Is privileged question.
Mr. PALrREY Do understand the Chair to say that
question relating to the protection. liberty and per-
sona safety OF member Of this House Is not necsssa
The srrAKss-The Chair does not understand that
R..S 70 In tho
MIR PALrR.v read part Of the preamble "and
msnacing individuals Of this body and other persons
The srE.KKn The msnacing Of q member forms
subj for question Of privilege
Mr. GENray The House would be more competent
to judge If they we're informed Of the particulars Of
the msnaoe, and ~ho the msuber H. The House could
then determine whether there existing facts to JUS
tify the appointment of . committee
Mr.. RHsrr-I do not understand the circumstances
to which the gentleman from Massachusetts, alludes.
M. PALrRrr This preamble reoitss that member
Mr. BAYLYI rise to question Of order and the point
Is this can mere recital Of facts rumor, that
member Of this House has bssn msnacsd, make it a
The srs1KER-By the parliamentary rule, common
rumor j: sufficient ground for action 1t is, moreover,
we'll understood that whore tho life personal safety
liberty of member 10 menaced in any way it Is pro-
per subject for action and this the chair holds from the
best consideration that he has been able give to
The chair has been for tims opinion that the
House may call on member for spscif ,ations in the
II they not made, the House may rrj.ot the
resolution but the chair considers that this is not su
fci.nt to ruls the resolutions out of order
IL sae Ia ~ sns Of
viz They shall in all cases. except treason felony and
breach Of the peace be privileged from arrest during
their attendance at the session respective houses
any speech or dsbat. in either House they shall not be
ofprivl-ga in the preamble and resolution at ell.
The SPEAKER explained, that tho subject was fairly
before the House. whether they shall make this ques
MIR BsopnEAD.-I take an appeal from the decision Of
Il hope will will not not BE- si su.t.asd a'''''
The vote was TAKEN and the previous question not
seconded.
Mr. TooMss held that the Chair erred he supposed
that the House had the right authority to interfere 10
behalf Of any member who may have got into scraps
out OF doors In OF actions distinct from their
official duties The question Of privilege broad
enough to protect member who runs against the Law
and the rights Of the community II the crime Of mor.
oompsnionship With felony with theft is be oounts.
nsncsd. the question be tested.
MIR. SIMS, Of South Caroline referred to the manual to
show that they who mako the laws shall not be priv.
leged from their operations
members Of Congress not efc to law
The privileges exist by virtue Of the constitution
analogy ofths privileges of parliament outsids Of the
halls Of Congress- members have privileges but those
which the constitution secures.
Mr. R IseEasoLL said few words in defence of the
Mr. DUER was understood to say that this was not
question Of privilege in the strict sens Of the constu
threaten the lite and safety of member and the House
have NO power or right to interfere. Have the mem
the House ON account Of rumor would not 20 sstray
and he asked that the question be calmly considered
"coMMoN RuMoR'-rHx LATE JOHN RANDOLPH.
the gentle man from New York tMr DUR. that un
dsrstsnd tho preamble differently from what he does
The doe: rot state has not tn. n.rdhosd
NOR with its thousand tongues to speak second hand
through members Of Congress in this House, and thus
call the House to rely baseless report circulated
by common rumor Wnat right have We to interfere
With common rumor! | remember but one solitary in
am not certain that 60 ioto the oircumstspoes
1t occurred In the OF John Rudolph Of Vir guia
IL was here or 10 Phads'phia Hovsvsr. Randolph
in the theatre where the Congress in session. He
vcs Of tho United stsss under the control and com
mAnd of the President Of the United States He
sailed; b. va. s.z;d BY tn. h, hair only state that
fort made similar to this now before The House
decided that they had nothing to do with It, Congress
found that that they could take action in the mat
ter. And yet called upon to take notice of
what is founded on common rumor:
MIR GAYLE, of Alaba referred to the indefnieness
of the preamble mob insulted somebody or threa-
tened somebody. whose name 10 not mentioned! Who
is this some body7 Is he . member of the House? No
slusion is made as to what provoked the threat. The
constitution defines what privileges members enjoy
The House cannot go beyond that IL they do. and IL
beers might 60 out upon the community, and make any
depreciation they might think proper
CALL
Mr.. IwoE, of Alabama ask for the facts.
Mr. GrODIrcs, of ohio-I viii, with the gsnteman's
The SPEAKER There is no question before the House
the merits of the resolution There is no question
from Massachusetts, INF Pafrsy), who claims that there
should be hearing to ascertain whether the facts bear
sas s1a .o ss. s. Sn1 b 30
fore th. House aud the debate il on the appeal
Mr. HARALsos, Of Gsorsis-Is It not mpstent for
to 90 the merits of the preamble whether or
there has been such breach Of privilege IL pro-
vided for In the constitution
The srsAxER 1t 10 competent for the House to 90
into inquiry a. to the facts.
Mr.. BoYD srose for the purpose of asking question
MIR GippINos was also upon the floor.
Mr.. IsoE-I want to know what threat made
against person, and the name Of the person against
whom il made. t'' 80 do ~ Aud what provoos-
ton provoked the threat II he is the hoor let him
get up and state what tho threat IT, [" That's the
way"]
| This srEAKER-Untii It be determined by the House
that they 90 into inquiry to the facts
ment ID In order r. Pm sorry for that ~
Mr. lNeE-I suppose It may be done by general con-
seat. [" No." "no"J
Mr.. BorD--I want to make inquiry As under.
stand It, the gentlemen from Massachusetts,, (ir Pal
fry) presents paper. voice; "a preamble " A
presmbie and resolution in which !. is stated that ru-
NOR (" common report publishes tina. member has