Weekly national intelligencer., 1848-04-22

| be decided hereafter is quito another thing.
II had been argued that the power of this House limit
ed, upon matter Of this Sort to very bounds The
constitutions it was thought, alone defined the privilege which
should claim its protection and that instrument merely de-
lha for any speech debate in either House of Con-
gess Senators and Representatives shall be questioned in
other place Such as be had understood had been the
argument of his friend from Georgia and other gentlemen
then supposed that The remedy must be pro-
vded by law. Now, (Air said, he could not by silence,
| allow presumed acouiescence in these views lie
thought them much too far wider uris-
dcon embraced IN the character Of the assembly, the
Fundamental rules existence and in the sovereign
SHY and duty of self preservation, which every constituent
principle Of continued organization implies The provision Of
the constitution referred to had nothing of awess hostility,
any than amcabe inquiry in view Il did intend
to prohibit question for information, for fair and
useful discussion, any where Of sentiments expressed on this
floor In that sense they questioned every day, at home
and abroad They questioned at the present day and
they will be questioned by poserty Nor did the fams OF
the constitution to provide by this sixth section against
incorporate and ruthless outrage They knew well
that abstract and chartered rules could effect they did
provide, punishment for evidoers. They left to
the municipal regulations of the land the proper
for all bad passions, whether excited by personal magny
supposed legislative oppression The whole of this clause Of
the sixth section looks to proceedings Judgment they
usually termed. Il exemps members Of Congress from
arrests which rsoed to and exercised oily by
color OF law, and in its In precisely the
places in the hands of members Of Congress legal usii
cation, plea in bar, to any and every complaint before
justice for speeches debates the Legislative floor
For such speeches debates they not to be questioned IN
any other place, where law is respected the governing
principle The only be given to such questioning
Is spoken by the supreme law of the land 1t speaks to
courts of justice, and to them alone.
In this view it will be readily perceived that consi,u
tona protection whatever is afforded in terms against mere
outrage. II to be expected that should be- Iwoud
be to speak to the roaring waves and expect Obedience
will readily be perceived that protection for the par
tcuar act OF speech debate whb every other possible
legislative duty left naked to attack, would be feeble
exercise Of parental The danger om legal seeming
y legal interference with the performance OF Congressional
functions would consist either in arrest before during the
exercise Of hen suit for SANDER afterwards To both The
constitution nteposes by its verbal bu inexorabe fiat in
superabe bar Any thing else that touch meber to
the interference with his legislative rights must be merely law
less No possible attempt enumeration could cover the in
finite variety Of that may They will be varied
and multiplied by time and change of circumstances. They
left for efficient remedy the lapse ,f time and the sug
gestion of circumstances.
Why should speech delivered be the subject of protection
rather than speech prevented II you notice by the
power of this House unlawful aemlt to rehuke or
sault member for the s performances OF his duty, why
should you not with equal gor restrain AMI prevent disorder
y attempts and restrain him from performing al
all If for examples during the pendency question Of inte-
rest crowds Of unniormed individuals detrmne to waylay
members in supposed opposition TO their wishes, will be
tolerated that the dignity Of the House shabe prosraed and
power despised and amped under foot With entire mpu-
nifty Such has been the beginning Of resuon in almost
all tme when legislation has existed H the mob been
met with Cromwell at is head before etered the House
of Commons and removed that bal5e rcn the Speakers
chair crowned head less might aid the forfeit Of
unwse scupes and unmany submission IN quite recent
days the 10 the House OF Lords, the memorable
occasion OF the Queens trial. filled up With rotous par
sans who acted the price of permission TO pass onward
to his place promise OF obedience toxin OF submission
from the most distinguished and popular Of tie peerage of the
realm. II would not be kind, al moment sympathy with
another great naon to dwell upon scenes shich brought
deadly umut after another by the rupons Of the popu
lace into the national assemblies TO the su1veonoi mon
archy first and pseudo-republicanism Afterwards.
Such these cannot be specifically guarded
against They IN their nature Irregular and must be in
precise detail unforeseen. Nothing guard against them
except the inherent principles of order which incident 10
every great legislative assembly. The power make laws
carries with il the power of sefproecton while engaged in
the act taking necessary steps towards it, II grossly in
consistent with the character OF ths-wheh, ii were not a
member OF it. would pronounce august assembyto say
that protect ITSELF much make The sport
of every idle person who choose TO interrupt h proceed
/ ings wantony 10 Insult its dignity.
Nothing be done vindicae the honor maintain the
necessary power of the House, if be turned round 10 the
slow necessity Of enactng appropriate laws The fitting
dy Is summary one The evil must be nipped 10 its bud
will grow and npen into perncious fruit Should these
doors he invaded and armed multitude stand ready
its threshold, and hur you from your seat what Justification
would you find for yielding up your place IN thesupposed
comparison OF advantages of putting bill through all the
dous forms Of legislation, while the work Of mischief
fatal activity destroying at once the means and the object Of
legislative power Your Arms would be ordered
10 his duty II his too weak The whole police OF
the wegoverned population collected at the seat Of govern
men would instantly be put in requisiton. and violence
still should grow fury and strength, the whole power Of the
District that vuous yeomanry which will never, properly
invited aer in the support Of heavens first law would rally
to the There is danger from external fury any
time if true to ourselves This is however but dis.
cussion Of principles which at the first impression 10 be
vndcated without any DANGER confidently trust Of the
cessiy Of practical exercise They principles which,
less greatly mistaken sudden recollection, will found
fully sustained by the great constitutional writers
try and by solemn adjudication from the highest Judicial t-
buna Of the land They have been repeatedly recognised
acted by the different Houses of Congress- from the earliest
existence Of the constitution, and public rumor ue they
now, have been within few days. in active and actual
exercise a, The other end Of the Capitol.
Mr. DUER said he had risen argue the question
voved in the preamble and resolutions, but simply because he
wished the House understand them.
Mr.. STUART, OF Michigan, and called upon the
SPEAKER require gentlemen to take their seats.
The SPEAKER accordingly desired gentlemen who were
standing in the ases and the Of the House be seated
and they took their seats accordingly
Mr. DUER repeated that he only wished TO understand the
preamble and resolution HIMSELF and that the House should
understand what the question which they presented He
supposed the privileges mentioned in the constitution were
privileges against legal and Judicial interference with the rights
Of the members Of this House These, he presumed were
privileges against all Of legal interference but the peam-
bic and resolution spoke Of the nterposon Of wess mob
He spoke not from any personal knowledge Of the fact but
Of what alleged by the preamble, which said that
less mob bad threatened the personal safety Of
this House and the question then was whether this House
had the right TO interfere protect member on taking
his here II he rightly understood the preamble and
I,f.o. that. fbo