The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-15


the House Mr. s. could not vote tem without either
Young against economy principle, voting for in.
wi,ich ne consdered improper on the occasion
fiis refusing to vote was not contempt of the House
de should first have been asked whether he had any per
sona interest IN the question under discussion which by
e ruIes would EXCLUDE his vote II he had commit ed
contempt II was for tEe House def .rmne the penalty
9r was not the province Of the Speaker to do so
ne ana not charge the speaker with 6termna tion to
exercise undue authority, arbitrarily place Mr. s. in
arrest. lie only thought u judgment on the
part OF the Speaker He desired action t he ken m
the subject far he was concered hut II was gor
e houie 10 take such course il should seq G 10 pro
tect its own rights and the libty OF the merrs ina
reaaing Oh the Journal was ther completed.
Mr.. BURROUGHS, Gnd dem oForeans desired TO have
the journal corrected regarded the resolution made n
release Mr. Smith from arrest ue believed II aia h
remembered that when resolution was made to 4enrn
he had expressed the hope that there Would II, na
Jouinment while member Of the House was.nJer ar
rest lie made motion for the release the gentleman
Amendments were made, US his motion was verbally
Inc speaker uecded that the several motions should be
sent up to the clerks desk in writing When that was
done the resolution of another gentleman given prs
by eensure OF the Speaker for committing Mr. smith
while the other resolution made allusion the
hnent Nv b made no charge OF a disposition on the
part OF any one to muate change the record bu he
SIMPLY regarded II as an error committed during the
fusion which prev allied.
sr Loohs said his recollection was distinctly that the
resolution oi Mr. Burroughs was offered amend
MIR. BURROUGHS said this was a mistake although be
pad sald he would wish to offer it amendment, f
another resolution should be decided take precedence
Mr. LOOMS said this was giving the Speaker authority
20 Put The resolution in that shape and that the Hoaso
catit OIL by the previous question.
Mr. FORSYTH (dem Of Albany, said he hoped the iour
| nal would stand as it
Mr. osKEi1E, (deIn.) Of New York, said so many ma
tions had been simultaneously in regard to the ar
rest Of Mr. Smith, did require that any fuss should
| be made about it
The Journal was then approved.
Mr. CHAMPIIN, (dem) OF Anegany, called attention to
thae portion OF the journal respecting point OF order
proFtty OF the arrest of Mr. Smith by the Speaker He
wished the journal state that the Speaker had decided
the arrest TO be legal and that the House had sustained
Mr. BuRRouGBs said the House had not at the time of
the arrest Of Mr. Smith passed upon the question of the
the journal would not be made false by stating this to
have been the case II the question Of the legality Of
act upon it.
Mr. GnAarIN pressed his motion to amend the Journal
Mr.. BURROUGHS moved to lay the amendment of the
journal on the table as privileged question Lost.
Dir LOOMS said he willing the proposition of Mr..
should be entertained by tho House at suitable time
But he wished the journal to be amended in to set
the Speaker right The Speaker had decided the point
OF order by Mr. Beman not to be well made. An appeal
was taken from that decision when the House sustained
the Speaker decision. This constituted approval
the part Of the House Of the Of Mr.. Smiths
arrest.
Mr.. KnNNEDEY, (whig,) of Cayuga said this was the
time il ever to correct the journal The question ought
Mr.. CnAMrIS's motion to amend the minutes was then
carried.
Mr.. BURROUGHS then made notion that Mr. Smith
had been improl erly arrested by the Speaker on
Saturday last, without the authority of the House
i lie dissaimed q any intention Of expressing any
would endeavor to speak Of the question above
aIsrty character A question Of privilege of the
Speaker on Saturday, with all the leneHcy the occasion
demanded. The House had been in considerable excite
ment-many gentlemen had asked to he excused from
voting This House had in no granted it, When Mr.
smith declined to vote the Speaker have supposed
of judgment in regard to the authority the chair
During the excitement motion dbeen made to arrest
wa. aud without puttns the question for
the decision OF the House. ordered the arrest Of Mr.
Smith This case might be tortured into prece
dent, and might cndangcr the personal liberty and
rights OF the members Of tho House II not to insult
the s,eaker that lie maize these renarks but
hereafter the authority now assumed by the Speaker
might be used as precedent to exercise for corrupt
and tyrannieal purposes Suppose the House to be
arrest several members and thus prevent their voting
and change the decision of important question A
corrupt Speaker might easily do this II is dangcrou
authority. There precedent for it in the wo-s
period ei English history when there written
have such constitution to shield us The arrest Of
citizen in this country never designed to take place
except by authority Of law Mr read from the ma
be deprived Of liberty without due process Of lawl
What law. was there to authorize the Speaker to
been placed the the House but there was
no rule deiegatng this to the presiding officer He
effect Mr. B. also read from the statutes that per
could be disfranchsed without legal process But
his name called on question while he under
arrest But suppose there English precedents Cor
and laws guarantee the rights TIE citizen of
override precedent So sacred il the liberty
disordery conduct and by direction of the House. tend
ing to nterru pit our proceedings The neglect Of
member to vote, rot dsordery conduct And
not the rights OIL members as great as those OF the ct
yens Mr.. b. said Mr.. Smith had not violated
the rules of the House. The rules forbid any
from voting ona question in which he has personal in
eIest. member may move to be excused from voting
and if refused it is then the duty Of the chair to ask If
The member has any personal interest in the question
II
tho House to authoritatyey require him to vote 1t is
a loyal rule that usage inerprets the meaning of law;
non.usase also interpreter. Where power has
never been exercised, we may conclude it is not
in this case ever been exercised before Mr. gave
examples where persons had been brought before the
cases, it had been decided that the Assembly could
only compel them to testify, by calling In the
judicial authorities to exercise their powers in the
matter. Even at the time Of the Odious and ty-
ranncal Star Chamber in England, monbers not sub
iect TO impeachment arrest without vote of that
body The arrest of member Of this House. thus pre-
venting his voting while in custody is to dsfrancise the
constituents whom he represents This serious mat
ter and not to be exercised arbitrarily In England the
King hims elf has not right arrest member of Par
lament even when supposed to be gntycf high trea
SON. without permission OF Parliament u y inc boast
of this FREQ country that no person can be arres ed
without legal process. This arrest OF Mr. smith had
been made withont authority Of the statute On the
contrary it had been done against positive law The
rule quoted by Mr.. Bsman in point:-f mem
Der continue obdurae, the Speaker may compel him to
upon. Lord onslow distinguished jurist and spea-
ker Of the House OF Commons Lad decided that when n
member exhibited any contumaey, the presiding officer
might call him by and require his submission. But
suppose be remains obdurae it asked Of Lord Os-
low, what should then be doner O. The Lord in Heaven
knowsp was his reply. But even before member is
placed under arrest the presidents show he is to be al
low ed 10 speak in exculpaten Of himself But Mr. Smith
was not given opportunity to speak in his de-
fence but forced to take his scat when he atep.ed
to syeak. II this legal, the freedom Of no
member on this floor is He cannot know that he
i not liable to be placed in custody at any time Mr. B.
the only precedent that could be given for this arrest
wa. where the Speaker Of the House OF Canmons,
while in one OF the courts was against by cmember
of Parliament and Immediately ordered him tc he placed
under arrest but he found that no had acted ile
ra,y apd released him This could scarcely have much
weight in the present We cannot said Mr.. b., be
too Jealous of the rights and prerogatves of membels
horc The neglect to do anything-not producing
dsordergave occasion for such arbitrary exercise
of power Until have examples Of this nature les
presume the power Ia Illegal There is rule o. the
iIoee comforting of the Sneaknr and