The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-21
In CONGRESS OF THE U. STATES
THURSDAY, APRIL 20, ls4s.
HOUSE OF REPRESENTATIVES,.
journal having been read
QUESTION OF PRIVILEGE.


QUESTION OF PRIVILEGE.
Ar. PALFREf rose 10 a question of privilege which
he desired present in The form OF resolution and he
inquired of the Chair whether he should read /, himself
or send Il 10 the Clerks desk TO be read
lhe sPEAhER replied that The gentleman could stale
his question m any form he might prefer
Mr. PALFREf would then present the matter in the
orm OF preamble AID resolution, which he read fol-
lows;
whereas common report has represented to members Of
District Of Columbia each OF The night. past and
"a conmiied acts OF violence se,lng a, defiance the laws
aeing individuals this body and other persons residing
IN ths eiy Therefore.
RssalpsS That selec, committee of five members be
appointed TO inquire into the facts above referred thai
said commee have power send for persons and papers;
and 10 report facts, with their opinion whether any
legislation is necessary expedient the premises and
thar they further have leave 10 st during the sessions oil
The SPEAKER said that there was no authority for
deciding this matter 10 be question OF privilege.
Mr. PALFREi. Do understand the Chair TO decide
That relating TO the protection, the personal safety
OF member OF this House, is no, question OF privi-
leges
The SPEAKER did not understand that any member
OF the House was alluded TO at ali.
Mr. PALFREY then again directed the attention OF the
Char TO portion Of the preamble. which he again read
The SPEAKER said he had not heard that part of the
the liberty, life, personal safety of member had been
menaced from any quarter upon the fact appearing,
might constitute question OF privilege for the considera
Mr. GENTRY said the House would be more conpe-
Judge Of the matter when informed OF the crcum-
stanees.ihe persons and the facts nyolvedn the
Mr. RHETT addressed the Chair, but
Mr. BAfLf rose to a question OF order. The point
decided by the Char he understood to be- that the recital
Of fact from rumor. that member of the House had
been menaced, constituted question OF privilege. He
objected this decsion for the reason that under it,
any member could come either by himself his friend
and ask the protection OF the House He objected this
giving credence TO vague rumor, long there
cannot be the slightest difficulty in reducing the matter
TO certainty
The SPEAKER said that according 10 parliamentary
law, general rumo in the case sufficient for
action, and especially in where the life of
Der has been menaced and he referred precedent
within the recollection of many. The Chair decided,
from the best consideration he had been able to give the
subject mot having been notified of ii before any way
that threatening the life OF member constitutes ques
ton which If competent for the House to inquire into
but specification not being made, might be sufficient
for rejecting the resolution.
Mr.. RHETT said there was no doubt in the case
where member OF the House is assailed, either by
threats by violence for anything said or done this
floor, it the privilege and the duty OF the House
interfere. But it was equally clear, that in The
where the personal safety OF member is menaced and
danger account of anything not said done here
there such thing as question OF privilege al all
Should members of Congress be privileged from sustain
ing the ordinary responsibilities OF men, by having such
screen of power thrown around them Was ever such
Mr C. ]. INGERsOLL Gn,erposng) desired to read
line from the constitutions and he read from the sixth
section of the first article as follows:
The senators and representatives shall receive com,
paid out Of the treasury United States They shall
all except e'ony and breach OF the peace
sion of their respective houses, and in going 10 and
Ing from the and for speech or debate IN either
house, they shall not be questioned in any other place.
The SPEAKER then read the authority for the decis-
ION had made from Jefiersons Manual page 100, the
practice OF the British Parliament and Mr.. Jefersons
comment thereon.
Mr. DUER sad as we were about to discuss the reso-
luton he thought il would be well have the facts be-
fore He suggested therefore, if any gentleman pres,
had been menaced OF his HE, that he be requested
now to state the facts in the case.
Mr. RHETT resumed and went on to show that
the privileges OF member OF the British Parliament
unlimited in their characters but, according to Mr.
Jefferson, the privileges of members here were restrict
ed BY the constitution OF the United States He repeated
that unless the violence was threatened on account OF
words acts in this House, member had no right to
ask that the of Congress be put forth for his potec
ton Mr. r. said he could not come here and claim pro-
lection from any assault which he had merted on the
avenue.
The SPEAKER animated that, ii aqueston was to be
raised the decision of the Chair ii would be we'll TO
settle that before debating the merits OF the resolution
There were now two questions involved The Question
OF authority for the House to decide and not for the
Chair The question which the Chair had decided was,
ques'ion-suc nigh, up for consideration to the
exclusion of other businesses question whether the
rights OF member have been invaded
Mr. BRODHEAD appealed from this decision.
Mir. TOOAIBS sustained the appeal. The gentleman
from Massachusetts, Mr.. PALrREY] does not aver that
the conduct of any member has been called IN question
House Mr. T. held, therefore, that the Char erred IN
supposng that the House has the right or authority 10
interfere generally to protect member from harm IN
every scape he may chance to get into out of doors The
power OF privilege here not broad enough to protect
member his outdoor operations, against law and the
rights of others. But he had disposition TO shut out
the consideration of this resolution He believed the
time had arrived when the question IT involved should
come up Ii crime against the laws OF the District OF
Columbia-i theft was TO be taken Offset against
the privilege of member il time to test the ques
ton
Mr. SIMS read from the manual" the authority quo
ted by the Chair; and, with difference to the decision
founded thereon took leave dissent entirely from the
construction of the Chair.
MIR WOODWARD. The question OF privilege in this
country was not left wholly TO parliamentary law The
constitution had tax en- the matter in hand. As had been
already stated the privilege OF member OF Congress
ISIS BY virtue of the constitutional provision That pro-
vision. which had been read pescrbes the privilege OF
exemption from arrest except for defined offences
and exemption from accountability for words spoken in
debate and any act this floor sitting as member
nothing more.
But Mr W. con,ended that if we came to the trial, the
privilege would be found still limited Does the
constitution mean that this body shall interfere judicaly
and executvey 10 protect member By laying its hand
on powers pertaining to other branches of the govern
meni. Ii certainly means that its members shall be pro-
,ected hy the laws How should the House interfere ?
By our own hands, or through the Intervention of the
lawsi For what were laws, bat to secure us IN the
enjoyment of our rights, Shall we aside the law,
and make ourselves Judges in own case No, sur !;
our privileges and inmuniies here protected Just