The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-15
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House Incidental to the right OF Speak 20 % orSsr
gentleman from the House was the NV eest him from
by personal violence and forc exercise Of
the House This is certainly more extel a,n;, M n
authority than that in the of Mr. ae Wopse ali
cited instances where by standing rule oft AMI whsp
persons were to be excluded from the obbes ha Iohhes
in violation of this rule people had no
they were placed under arrest This action nresd
upon the whole question II the duty of tn, ,ege of
ing officer to take rotice OF all breaches Of the priv
the House, or Of ITS members. II his duty to og,
tives Of tho House. He mentioned the instance =, =
which the Speaker might imprison every member Y
the House, by ordering the closing Of the doors
then preventing any mesnbcr from goi.g Tho
stuton has been read to abort freedom IRON arrest
ton If the speaker has sc legal power a arrest his
exercise of it due Of law The House gets TINS
% % s rssns se aes II.
order in the House aud that persons conine them
selves 70 their proper spheres Neslectng to o morn an
the rules of the House conumacious a,d II sordery
conduct Without intending the least disrespcc 10 the
member who had been the first example, of this wer o.
arrest he must ray that the gentleman's ccndm na1
oeen in contempt of the House, and made hnt vera
ole ole to s censure Placing man under arrest not
II must precede action his condAct 3is case
was inen i, TO be considered and punishment i'm;
to the safety of tlis government that memss
should ol be compelled in an exigency. to exorcta
This when action required by the House Its urgsA
that the Iacing person under arrest took from him his
right to vote This point had application the case
under consderation-the gentleman arrested for de-
Ginning to vote. Had he said he had any pecuniary in
require him TO vote
Dir CrArr (whg) ofErie would not long dstan the at
enton of the House but the Importance the subeoe
justified his occupying few minutes involved the
borties-the dearest rights Of the people AL members
on this door elected in the MANNER and
entitled to equal privileges In electing presiding o
GER We have conferred on him certain privileges the OBJ
ject Of which is to order. Was the refusal TO-
vote contempt Of the House If it not it would be
incumbent ON the member outraged to call for action
the subject. Upon the mere suggestion of member,
the Speaker had made the arrest.
The SPEAKER interrupted Mr.. G., aud said the
was made on the suggestion of but in conformity
with the views Of the Chair as to his prerogative
Mr.. CIAPP continued The House has the power to pre-
scre its rules but where they have not directed
how these rules shall be enforced it is for the House to-
decide the point, and not for the Speaker He could ex
ercise no not clearly delegated to him After the
gentleman had been ordered under arrest four distinct
votes were taken upon all of which he disanchised
And to show that the House had not felt aggeved they
promptly released hin when vote taken upon It.
Mr. NOBLE (dem } of New York was impressed with
the Importance Of the question whether this power Of
arrest vested in the House delegated to tho
Speaker Plain practical common sense would decide the
our deybsrations-o maintain order and enforce tho
rules of me House He must have fin power
to to DO M ah.s without further motion Of tho
House Nils practical solution of tho
matter. The proceedings of the gentleman from New
York on smith| in contempt of the House, and
to vote, Others might until constitutional vote could
not be obtained Mr. n gave way to motion to take
recess until o'clock which carried.
On assembling, the debate renewed Mr. Buzz
roughs' motion censuring the Speaker and CON:
tnued until late hour, when Mr. Kennedy offered
substitute for Mr. Burroughs resolution, which Mr. B.
accepted
The first resolution generating the Speaker 6m any,
intention Of wrong in ordering the arrest Of NJ Smith,
was unanimously adopted.
The secord resolution declaring that the Speaker haA
no power Of arrest without the order Of the House.
rejected by vote OF ayes 3S, nays 30.
Mr. IlT11E1oN (wnfg) of Oswego, offered protest, ta
be entered the minutes assigning for his vots
on Mr.. Loomis' resolutions.
This cut of by the previous question: and the HOUSE.
adjourned at half past eight O'Clock, +. NJ