The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-04-21

Of odering few considerations the House and if the
view which have taken Of the subject be correct.
would dispose o. mot only The case before the House. but
OF all similar questions involving the vexed question OF
privilege and coaslpts forever; il which, i have the
good fortune to succeed, have fears but thar the love
question Il Ssss. has p
dshoys the constitution; in which instrument, II rightly
interpreted, warrant for any such authority can be
toni Imainiain that this body has authority IA
terferc with any citizen beyond the limits OF this hall
and that this high privilege has been only sanctioned b
custom, and, TO mind, "a custom more honored in
the breach than the Observance" AS member Of
Congress represents some seventy Thousand people, and
IT, consequently, nrusted with their business and i'm
portant interests, he exempted from during the
session. and going and returning to and from his home
and is responsible for words spoken in debate &c
But, sir this is personal exception to the laws made
for benefit OF his constituents, and the member must
plead It before any court Of justice seeking interfere
with it Il must be specially pleaded like any other
must decide on it; and they will no doubt decide for the
benefit OF the constituency OF member, whenever is
properly made This body has right to bring any
selves he injured party the witness judge. well The
executive. of their mandates Ipesume viii mol be
questioned that member may be sued on civil process
ment may be rendered against him would ask gentle
men il such Judgment would be null and VOID! IN
questoaably not The whole Of these proceedings are
wrong, and authority is anywhere to be found and
as Do not believe with my friend from Pennsylvania,
[Mr. J. r. INcxRsoLL,1 in inherent rights, hope we
small never hear anything WOIc VI COLI
tempts Members Of Congress are amenable tolaws Of
the land as are all other persons, and for good and
sufficient reasonsthe operation OF those laws is sus-
pended in the constitution during certain peol for the
benefit OF their constituents.
But sir the courts of justice alone the proper tr
bunas to decide this question when properly pleaded and
hone this Congress will endeavor expand its au-
thory TO involve US in useless and ridiculous
tests with the citizens Of this District, and perhaps OF the
people all the United States In the case before the
House. member has the same protection against mob
that any other citizen has, and more and if think
proper 10 interfere why, sir shall need all the
mee to accommodate the mob who have despi.ed
privilege, BY threatening as Dame Rumor says
OF our body.
This government is very properly divided into three
coordinate branches entirely independent OF each other
and 10 the judiciary belongs the of deciding upon
the consttutionaliy of the laws; and to them, think,
properly belongs the right t. decide upon the question Of
privilege, contempt, &c With these ideas OF our high
privileges suppose that the Senate would have broug
up the District Court for contempt had they released
Mr. Nugent.
desire the different branches OF this government
kept entirely within their Spheres and l. for one
perfectly willing TO leave the question Of my privilege
rather the privilege OF my constuents-to be judged
OF blythe proper legal tribunals.
Tie House then adjourned