Weekly national intelligencer., 1848-04-22

PTIVIeges btng
proved hney detained in confinement fortnight and
Randall three weeks and reprmanded by the Speaker
Ia March 196, the House of Representatives voted cha
ene given TO member OF their House TO be breach OF the
privileges OF the House but satisfactory apologies and
kn'@iedgmen being made further proceeding was had"
fr. DuER remarked that, they were discussing the
qreson, he thought well that they should have the facts
baofe them Now they had them He, therefore, sug
g,sted that the gentleman gentlemen if they were in the
Eouse alluded o who had been menacd or IN any way IN
fed, state the iacs OF the case The House could then
dhermrle whether II was question OF privilege or not
/ Mr.. RHETr resumed The House were all perfectly will
Ing and ready protect member against any culrages
mled upon him connected with his official duties but wh
hey did this they had right say they would protect
because he happened TO be member OF Congress- IN
aggessons upon the rights of the citizen IN acts no way con
necled with his duties a member
The constitution Of The United States intended te
strict these unlimited privileges of Parliament They knew
that the privileges of the British Parliament unlimited
aud that they knew what these prlv
eges and they did what they pleased According to
MIR Jeeron all these privileges had been exercised by the
British House of Commons; but not with the Congress OF
the United States The clause Of the constitution read by the
gentleman from Pennsylvania restriction on the general
parliamentary privileges n England Members Of Congress,
SUCH had only these privileges which were here specned
all other respects they the footing Of other
citizens of the United States Now member rose on this
floor and stated that for any thing he had said done this
floor he had been threatened with violence he Mr would
for bis protection member OF Congress but orany
thing further they had right put forth the Of this
Congress the purpose of protecting any citizen against the
acts Of any other citizen.
The SPEAKER stated that the point Of order raised had
been decided by the Chair and debate could not properly
| arise until appeal had been taken.
There questions involved in the point raised one
whether this such question OF privilege that the
House would fit to exercise its authority on this OCCASION
and make any examination the facts stated by the gentle
man from Massachusetts,. That question for the House
to decide and for the Chair Upon debate and nves
CATION of the question the House might determine that would
not proceed.
The question for the Chair to decide was whether the
pria tace presented by the gentleman om Massachu
sets il such question Of privilege allow 10
before the House. superseding other matters in order that the
House should decide whether the rights of member
had been invaded The decision of the Chair simply was
that upon the facts presented by the gentleman, the question
was iairly before the House for their decision
Mr. BRoDHEAD appealed from the decision Of the Chair;
and the appeal demanded the previous question; which
was not seconded by the House.
Mr. TOOMBS sustained the appeal Of the gentleman fSpm
Pennsylvania and opposed to the decision OF the Chair
in This upon very obvious principles. The gentleman
from Massachusetts, in his preamble and resolution did not
that any member of this House had been called qes
lion by the mob any body else for any thing uttered done
in this House and he (hr II held that the Chair erred
be supposed that this House had the right authority To in
teree generally for the protection of members in strait
they might into Of doors, disconnected with their off
cia duties II the gentleman from Massachusetts, had said
that he other member had been called question by
person assemblge for the discharge of his official Duty
that would have been question Of privilege and would have
demanded the action of the House. Bot when the fact
presented merely that member of this House had got into
difficulty, not question of privilege II never had
been hedthe could not be found sustain the position
The referred by the Chair did support it there
members called in question, and their safety menuced for
action in this House and the rule read by the gentleman
from Pennsylvania (Mr O. j. ISGERsoLL from the cons'i
tuon german this class Of Such not the
case before them
He bad disposition shut this resoluton-no the
least He believed the time had come and he ready TO
mee, It, He wanted the question settled. 1t crme-crime
f 4
felony and he be vndcated let the question be
tied before the American peoples and they would be ready
then TO decide ae right of this body to sit within this
! District.
Mr. SIMS ad with reference to the decision Of the Chair
he eshed call the attention the Chair and the House
the Manual Tor exposition Of the constitution stated by
Mr. Jefferson After citing the privileges OF the British Par
lament, as laid down by blackstone, Mr. Jefferson said
probably from this vieN of the encroachng charae-
ter privilege that the trainers OF constitution their
care provide that the laws shall bind equally ALL and
especially that those who make them shall exempt them
selves from their operation, have only privileged Senators
and Representatives themselves from the single Of ares
ia I'll except treason felony and breach Of the peace
during their attendance the session Of their respective
Houses and in going returning from the same aud from
being questioned other place for speech or debate
He read further extracts in that connexion, and said while
the cited by the Speaker correctly stated they
did apply here but tina, Mr. jefferson himself, the
ay, expressly arguing that under constitution, the
privileges Of members OF Congress only extended exemption
from arrest.
/ Mr. WOODWARD said the privileges Of Congress were
not let to the parliamentary law The privileges Of
Der of Congress existed by virtue Of the constitution, and
by inference from parliamentary law They exist by virtue
Of the constitution, and to greater extent that pro-
vided for by that instrument Those privileges have been
defined to be exemption from except for certain defined
offences, and nothing member is accountable
elsewhere for any thing said in debate in this House, for
any transaction this door which he sits a member.
But appeared him that this question Of privilege still
limited. How the House exempt and protect
member Was il meant that this body should interfere u
diciaIly What that the members Of this
House should be protected by law How they inter
ere member from arrest in the District Of Colum-
bia BY their own hands by their laws' BY autho-
rzng the Of laws which should protect him in the
enjoyment Of his rights did in the House u
dcal power in any given and that they should cons
ute themselves sheriff and baih No. il that they
should enact laws. The privileges and mmunies Of
bes be protected by laws just the privileges and
mmunites Of other potected-ws first made and
then executed by the Judicial power Against the violation
Of the privileges of member Of Congress there de
fence except by the legal authority which the law-making
power provided The privileges Of members Of Congress
were peculiar but because they they sacred
above the privileges Of other men Where the authority
for assuming that these privileges higher than the prv
leges Of others There On the contrary, the
privileges Of each member n sacred
special privileges they possessed Though they peculiar
they rights sacred than Others and they
only protected Ivy the law. member should state that he
had been assaed here member Of organized body
would be assault the whole House, and he conceived
that the House had a natural right to defend itself II could
by its Scrgeanaarms by the authority Of the Speaker