Weekly national intelligencer., 1848-04-22


contempts OF aays tumu their presence sc but till
the law be made does exist and does exist from
their own neglect that in the mean time, however, they
not unprotected the ordinary magistrates and courts OF
law being open and competent punish all unusthable dis
turbanees defAmaon and their own sergeant who
may appoint deputies dd RbHH aid him, Is Grey So M
1885, equal small disturbances that requiring pre-
yous law, the constitution had regard 20 the nyioablty OF
the citizen well Of the member should one House,
the regular form OF BILL aim Mt too broad privileges
be checked by the oher and both by the President and also
the law being promulgated the citizen will know how to
avoid offence"
The gentleman from Pennsylvania told him his vewswere
too limited and therefore he had here given that gentleman
the judgment OF others based unanswerabe argument He
knew not how far the gentleman from Pennsylvania and he
differed on the fundamental principles OF Government but
this he would undertake TO assert that that geneman agu
ment untenable when be justified the doctrine OF con-
emps The extract which be had read quoted the clause Of
the constitution which gave Congress power to pass laws that
necessary for the execution of the powers given by the
constitution, and then added "but till the law be made it
does not exist Well then, where their law II did
mol exist and hence gentlemen claimed the right III exeicsng
those powers back 10 the laws OF Parliament which he
had no hesitation in saying an abuse OF lie had
the pleasure last night to hear the District Attorney arguing
the street mob that the laws Of the land sufficient
for the punishment OF offenders But it seemed the gentle
from Massachusetts (Mr. PALRREr did deem them
sufficient for he here and claims the parliamentary
privilege not for the laws Of the land that he asked
but for the underlined and undefnabe privilege of Parliament
Now, he (Mr stood by the privilege Of the people in this
great controversy He would tell this House, the gentlemen
South especially
ton OF privilege by avoiding the other branch Of Congress
and the Executive they intended TO reach the object aimed
at They had heard from member Of this House this day
that there moral criminaly in act recently
med there only step further 10 so, and that step
would be taken in broad day, but in the night And
when this act in which there was moral cminay, was
committed they might expect TO this House protect lis
members by its privileges There question Of deep
importance the South and hence he wished this question
of privilege decided he wished know, and he wished the
people know, the limits of the privileges of this House,
Every has right TO know the laws under which he lives
but the law privilege depended upon The the
House, and if such decision prevail there would be
base slaves living under this Government any that
now in the Jail of this District Yes, and he wished tell
the American people that if the people Of this District
be dependant for their Liberties and their rights the udg
mcn of this House their privileges, they would de-
the ecrs Of the con if they tolerated the presence Of
this House for a single night
The people Of this District have rights, they have the
rights of nature. The rights and privileges of this people
stand safer ground than the decision Of this
House question affecting It's own privileges. In vain
they might call for ordern would their District Atto
ney argue before mob when their rights ampled upon
would this House be invoked the people here had
security and he trusted in God that discord would reign
forevehe wanted peace among them until their rights
secured
Hear again the authority from which he had read :
But il one branch may its privileges without
control. -
And this was what this House was doing now The man
who chased member of this House be punished
der the law Of privilege. Such be the operation Of
this law Of privilege which be called upon his countymen
every where to mark and 10 resist
~ il il may do the spur Of the occasion, conceal
the law in its breast and after the fact committed make
IFS both the law and the that fact il the
offence is be kept undefed and declared only
a and according the passions OF the moment and there
be Limitation either in the of the pun
isment the condition OF the citizen will be perous indeed
This the doctrine and these the arguments used
in s00 when they had TO look the extent Of their rights
AM n he by thew
(Which of these doctrines is prevail time will decide
Well the time has come. II had become the duty of the
Goth Congress decide whether had been adopted by the
Speaker Of this House. who ruled that the stated in the
resolution before the House embraced in the privileges
given and bestowed by the constitution He thought the
Speaker wrong The privileges Of this House de-
fired by the constitutions and they could not go any where
ee 10 seek for them He for supporting the supreme
law This doctrine that there no moral crime in viola
ing the civil law would do well to consider Men would
do well remember that they derive their protection from the
law Iwas because there reliance on law that there
was no fear Of physical force.
'Where there is fixed law, the judgment any par-
cular is the law OF that single only and dies with IT,
When aud similar arises the judgment which
IS TO make aud at the time apply the law ques
ton and consideration, all laws Perhaps Con-
gres in the mean time in their care for the safety Of the e
well for their protection, declare by law what
necessary and proper TO enable them carry into execution
the power vested in hem and thereby hang rule for the
inspection Of ALL which may direct the conduct of the citizen
and at the same time test the Judgments they shall themselves
pronounce IN their own case.
He did propose 60 further with the discussion Of the
question whether the facts Of this such ought to
be inquired into by this House. He would if they went
times further He asserted that no privilege invaded
and therefore any proceedings the by this House
improper and unnecessary.
Mr. MORSE extremely happy that the gentleman from
Georgia (Mr TooaBs had raised this question Of privilege,
and had taken the which be had Just expressed They
the views which he desired express he could have
obtained the floor the question Of order which recently
pending He denied the right Of this House interfere with
questions Of privilege and contempt when the circumstances
which they based not Immediately connected
with this House. All this ridiculous about privileged
questions had grown up without authority Of law He found
the constitution contained simple clause in relation TO prvi
eges and though had been read several times he begged
the attention OF the House while be read again. he thought
its language would bear him in the opinion he entertain
ed In speaking Of Senators and members Of Congress the
trainers Of the constitution say:
"Tbey shall in all cases. except treason felony and breach
Of the peace be privileged from during their attendance
at the session OF their respective Houses and IN going to and
returning from the and for speech debate either
House they shall not be questioned in any other place"
From this language do they derive authority punish for
contempt any person who violates their privileges gave
no such power The privileges which belong members Of
Congress first privilege for debt and if
member should be arrested for debt during the session Of Con-
gres while he journeyng the Of government
returning 10 his homn, the Of law would give him
empton and he would be discharged from arrest Obedience
10 law all that necessary and would this House OF
Representatives place itself above the law and ask for
than claimed by the Parliament Of England
A question had arisen ia the other branch Of Congress
which involved the privileges Of the Senate and person had
been ncaceraed He bad applied to the courts for pro,ec