The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-04-08
MASSACHUSETTS LEGISLATURE.
THE LIBEL CASE.

We condenSe the action OF the House on this case
on Friday, from the Boston Post:
| The special assignment taken up, viz the re-
port and answer to the message of the Senate res
pecng an alleged libel that branch The first
question was on an amendment moved bv Mr. Rus
sell of Boston; then on an amendment moved by Mr.
Frothing ham of Charestown, and next an an ans
swer reported in a draft, containing that most
offensive feature of the original answer which propo-
sed to deliver up Gen. Wilson to the Senate.
Mr. Russell said he understood that Mr. Ftotbinr
ham intended to modify the amendment submitted
by him in such manner that (Mr RI could sus-
tam. Therefore, by leave of the House, he would
withdraw his own amendment
Mr. rockingham rose, and withdrew his
amendment, and proceeded to review the first debate
the subject. He showed that the new answer was
essentially the same as his original. Having exam
med it clause by clause, he concluded by declaring
that 1t was inaccurate IN statement, ungrammatical
In language, unsound in principle and derogatory to
the rights and honor of this house, and also, that it
decided nothing In conclusion, Mr. rockingham
submitted his amendment
Mr. rockingham now rose and withdrew his
amendment, and proceeded to review the first debate
on the subject. He showed that the new answer
was essentially the same as the original Having
examined 1t clause by clause, he concluded by de-
clarlng that 1t was inaccurate in statement, ungra-
NAUTICAL in language, unsound i'll principle. and dero
gatory to the rights and honor of this house; and al
so, that it decided nothing. In conclusion, Mr.
rockingham submitted his amended substitute an
swer.
| commonwealth of Massachusetts,
House of Representatives March 20, 1850.
Answer of the house of representatives to the mes
sage of the honorable senate relative to paragraph
IN the Boston Seml-Weekly Republican, edited by
Hon. Henry Wilson, a member of this house from
the town of Natick, which is alleged to contain IL
bel on that branch
The house considers each branch TO be the exclu
sve Judge of its own privileges but as neither branch
can exercise authority over member of the other if
in accordance with established parliamentary law
that when one branch has occasion to deal with a
member OF the the other, 1t should make complaint
to the branch of which the offender is member in
order that each branch may exercise authority over
Its own members; and, therefore, the house acknow
Lodges In the message that regard for its privileges
which ought to characterize intercourse between two
. coordinate branches ofthe government
VI The house accordingly has given respectful con-
sheraton to the message of the senae but is of the
opinion, that 1t does not embrace matter of libel
known to the laws to the constitution of this COM
monwealth, or matter of which this house deems If
proper to take cognizance
And tor these reasons the house Representatives
respectfully declines to take further action on the
message of the honorable senate.
Messrs. Lawrence, of Bechertown, Goldman. al
Boston, and Hoar, of Concord, of the committee.
: defended the answer, and opposed Mr.. Frothing-
n hams amendment.
Mr. Boutwell,, of Groton said that if Gen. Wilson
had libeed the senate or said that about the senate
which was beyond the privileges of the house for
member to say, then the breach was Of the house
privileges, and should be taken cognizance of bv the
house only. But it was for the house to declare
whether its privileges had been violated The SUBJ
stltute did not undertake to express any opnion n
relation to the privileges OF the senate 1t was prop
ery confined to the question of the privilege of the
/ house. If member of the house behaved disgrace
: fully ne would violate the privileges of the house
. and he might assa the senate in manner which
would amount to violation of the privileges of the
house. 1t was therefore within the jurisdiction Of
the house to try the question, and pass Judgment il
It they find member has VIOLATED its privileges.
But the house would IN fact evade the question: by
S turning the member to the senate. But nv
adopting Mr. Frothinghams substitute, it would de.
eide the question, whether the privileges ofthe house
mad been violated In the premises and that was all
the house could have any right TO decide.
S Messrs. Hopkins, of northampton, and Mr. Rus.
sell OF Boston, conceded mainly with the views ex
. pressed by Mr.. Boutwell,
The house then adjourned to diuner.
: AFTERNOON. The order Of the day was taken M
and the Speaker announced the question on the an
TO the Senate message
MIR. EARLE, of Worcester, opposed the committees
answer and expressed his full concurrence in the re-
marks made by Messrs. rockingham and Boutell in
ne forenoon lie then proceeded to protest earnestly
against the conclusion of the answer proposing TO offer
up General Wilson to the senate. Mr. Earle Concluded
by moving the previous question, which was sustained
The question was then put Mr.. Frothjngbam's
substitute t.s, which was adopted without count
The question now on adopting the ans,yer n.
amended, and it was carried without count.
1t was ordered that message be sent to the senate
communicating the aforesaid ''Answer' and Mr.. Frotl.
mgham, of Charlestown, appointed bearer of the
message