The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-06

As for the case in point, that clearly failed como
within the rule, rendering il constitutional ques-
ton OF privilege
| Mr. SWEETsER was of opnipn that il was
due to his colleague mr. GiDDrsesl that the
House SHOULD take cogaizance of this grave
charge.
Mr. billiard again taking the floor, Went
ON to show that if such cases were entertained by
the House there would be no end to them. Two
such might be brought to their notice next week,
and a dozen before the end of month
! Mr. n. concluded by moving the previous guess
ltion on the appeal.
but' the cal for the previous question not being
sustained,
Mr.HAkklS,'of Illinois, contended that the
/ question was legltmately one of privilege"
Mr.. VAN DYKE moved to lay the appeal ON
the table, iF
And the SPEAKER then explained that, in his
opinion, the question was one concerning the priv
ilege Of the House, rather than Of the gentleman
from Ohio, [Mr. GIDDrNcs.l
This being SO, was for the House, according to-
its previous action and not for the Chair, to de-
eide whether it would or would not take action in
the premises.
Mr.. WINTHROP, in few remarks, held
that the explanation Of the Speaker with reference
to the previous action Of the House Tin the 29th
and Both Congress) was correct; such had been the
precedent, and the decision ofthe Speaker he held
to be proper.
The motion lay the appeal ON The table being
next agreed to, 4.
/ The SPEAKER announced the question to be
whether or not the House viii take cognizance Of
the question made by the gentleman from Ohio
as one Of privilege
i Mr. ALLEN then took the floor, and ar
gued at considerable length for select committee
1 to examine, whether the charges made against Mr.
i GiDDNGs in the Boston Atlas by that Journals
Washington correspondent were true' He stated
further that the same allegation had been reported
in private circles. Thatis, among members, who
had conversed upon it for some weeks
4 Mr.. McCLERNANDn next addressed the House
upon the question, but not in tone to be audible
from his position, at the desk OF the reporter.
| Mr.. MORSE protested that no constitutional
.spriviegeu Of the member had been violated in
the article in the Boston Atlas The idea, how
ever, in excellent keeping with the progressing
disposition of legislative bodies in this country
to arrogate to themselves powers and privileges
not legitimately theirs.
Mr. SWEETSER urged that it was high time
for the House to put stop to the manner In
which members were being assailed by the press.
This case presented fair case Of breach Of prvi-
Elege, and should forthwith be treated as such.
! Mr.. WOODWARD held it to be neither the
4 duty nor the privilege of the House to consider
anything as question Of privilege, y which
was not clearly laid down to be such in the Con-
Istitution. +h,@@ 81 @f XII ac5
The members privilege was accorded, not for
the benefit the protection Of the representative
as an Individual, but to prevent the obstruction
lof the business of the House.
] Thus the President, whose functions were as ,
important to the State as those of the Congress,
was not privileged from being questioned or
arrested by officers Of the law. This creation
of inferential privileges" on the part of the
House was unworthy of the character of the
body. Indeed, they had no more right to AFRO
gate to themselves any such special rights, than
those of royalty. As for himself, he held the
doctrine of inferenta privileges to be utterly un-
tenabe. As for this case, to treat it as involving
any such question, would be almost wilfully to
violate the Constitution. ~.
b Mr.. ROOT next maintained that the true ques-
ton was, whether the House would treat this
case question of privilege which, he argued,
| it was their duty to do. Fitz Henry Warren, he
doubted not, was the author of this base charge
against his colleague. s
Mr.. BOYD here moved the previous question;
but withdrawing it at the request of moro VIA
Mr. GIDDINGS. That gentleman spoke for.
/ l.. H. -.
ally, this was question Of little moment He
should never come to the House to protect his
private reputation. He had introduced the sub
lject, only to give the House opportunity which
he thought due to them, to ascertain if they had,
indeed, amongst them, any such membeAas the
article alleged him to be. He did this that they
might forthwith act on the case
| Mr.. PRESTON KING, Of New York, moved
the appointment Of select committee to ex-
anime into the truth of the charges. .-
Mr.. STEPHENS, Of Georgia, made point OF
order. The motion Of Mr.. p KING could not be
entertained until the House had determined
Of privilege. ltsE
After few remarks from Mr.. STRONG, sus-
tanning the point Of order, that gentleman desired
leave to offer resolution for the appointment Of a
select committee.
Mr.. HARRISON held, in few remarks, that
it was not competent for the House to entertain
any resolution the subject until the question
whether it would treat the as one Of ssprivi-
lege," had been determined
That question being next put, by yeas and nays,
(under the operation Of the previous question
which had been ordered,) it was voted not to
entertain the subject as question of privilege
yeas II, nays SO.
On motion of Mr.. LITTLEFIELD, motion
to reconsider that vote was laid on the table.
: Mr., GIDDINGS then taking the floor, by the
unanimous consent Of the House, declared that he
knew nothing Of the oberln post pfice case,
further than that he once wrote letter to the q