The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-08-14

spoken in debate, he made up his mind to all
the consequences which might follow the act.
And win do him the credit to say, that when
it was first proposed to make this subject of
investigation here, he had the courage to come
forward, and avow himself responsible to all the
consequences of the assault. have the right
to assume that he had deliberately made up his
mind to incur all the consequences of the act,
and that he meant to assume all the response
bilities flowing from the act itself. Mr.. Brooks
nodded assent. The gentleman assents to my
last proposition. And presume, if the House
vote that the act was an Infringement on the
rights and privileges of the Senate, this is one
of the consequences to which he held himself
liable. If it is said the gentleman conceived
himself to be so aggrieved that he could only
be avenged by the exercise of his physical
strength, then that gentleman and his friends
ought not to complain if the House of Repre-
sentatives, constituted as it is, deems it proper,
out of regard for its own dignity and the sover-
eighty of the people, to express its disapproba-
ton of the act.
Sir. in the investigation of this case, believe
that am not animated by any party spirit. l
believe, in addition to that, that / have nothing
to gain from the determination of this case In
any way. 1t would afford me more pleasure to
from South Carolina, than it would to vote to
cast any imputation or censure upon him. But
/ believe that the peace of the country in the
future and the security of debate in the present,
require action at the hands of this House. If
l did not so believe-if did not believe that
the peace of the future was involved in the &C.
ton of this House, should be very slow to
move in this matter, or to say one word In ref
erence to the transaction which has occurred.
Sir, when l heard that this assault had been
committed, it was a matter of grave question
with me, from my personal acquaintance with
the gentleman from South Carolina, whether
the report which reached me was one Of truth
or falsehood and have to say in reference to
it now, without one word as to the motives
which prompted him, and into which have no
right to inquire, that believe it to be an un-
fortunate transaction, and one which never
ought to have occurred.
And this brings me to an investigation of the
question, as to whether, when it undoubtedly
has occurred, it is q matter which this House
should take jurisdiction and cognizance of, and
whether-that point being determined in the
affirmative-this House has the authority and
the right to dispose of it in the manner recon-
mended by the majority of the committee.
Sir, / believe that we have that right-that we
have that power; and, without going into q
recitation of the precedents aud principles which
have adjusted assaults and breaches of the
privileges of this House heretofore, at this point
in my remarks, it is sufficient for me to say that,
in no instance, from the foundation of the Gov
eminent down to the present time, has either
branch of the Legislature failed to take cogni-
zance of such an offence as this, and to mani.
fest their disapprobation of it. take it, then,
that the precedents are clear and conclusive
that the course of legislation in regard to these
matters has been clear heretofore, and that, if
we follow the light of experience-if we adopt
the precedents furnished US by our fathers-there
can be no question that this case is a proper
one for the House to take jurisdiction Of There
can be no doubt about that.
But it is alleged, in vindication of the posi-
ton taken by the minority of the committee,
that there are certain considerations involved
in this question, which appear never to have
struck those who have heretofore had the dis
position of such cases, and it is only to one or
two of those points that wish to direct my at.
tention. Ny own opinion in reference to the
clause of the Constitution which gives us power
to investigate cases of this kind-that clause
which declares that each Honse shall prescribe
rules for its government, that each House may
punish its members for disorderly conduct, and,
with the concurrence of two-thirds, expel a
lS,
that the power given them over offences of this
kind is plenary, that it is full and absolute.
But it is urged that, even if the House has this
power, it should not be exercised, for certain
reasons. The gentleman from Georgia Mr..
COBB said, that, although the power was
clearly conferred by the Constitution, it should
not be exercised by you In any case of breach
Of privilege, until you had first passed law
defining, from first to last, what constitutes
offences against the privileges of the House,
and prescribing the punishment therefor. i do
not concur in that view at all. / do not concur
in the train of reasoning by which the gentle
man from Georgia reached his conclusion.
1t appears to me that, if we adopt that gentle
mans reasoning, all we have to do is, put the
Constitution in a straight.jacket, and lay it
aside-to decide that its provisions have not
sufficient vitality to vindicate its positive in
functions, and permit any man who commits an
offence of this kind, which, in my Judgment,
unequiyocally violates its plain provisions, and
destroys the rights of the people guaranteed by
that instrument, to pass with impunity. 1t has
been well said in this discussion and elsewhere
by our judiciaries and by the most learned
commentators upon the laws of our country
that discretion must exist somewhere, and that
it is a necessary incident of every Government.
Sir, if discretion is to exist anywhere, do not
wish to see it vested in our administrative Off.
GERS, or altogether in the courts / would inf.
nitely prefer to see it vested in this body, which
is the immediate representative of the people,
rejecting their wishes, and whose judgments
and actions ought to be, at least if they are not,
in conformity with the will of their constituents
If discretion is to be vested anywhere, / would
rather see it here than in your courts, your ad-
ministrative or executive officers, or in any
other body. And there is a manifest propriety
in placing it here Your executive and adj
ministrative officers spring from the discretion
invested in the representatives of the people
they are themselves the creatures of the sover-
eign power of the people, exercised by their
representatives.
Mr.. Speaker, when the argument of the gen.
tleman from Georgia Mr.. COBB was being de-
ivered listened to it with great deal of atten.
ton and great deal of respect but as it proceed.
| ed, these questions forced themselves upon my
mind, and involuntarily turned to the consid-
| Grafton of this state of things. Ihave thought,
sir, that it would be matter of great propriety
| to gee inscribed over the entrance to this Hail.
the privileges of an American Representative.
| | pictured to my own mind, that, under the
rules prescribed by the gentleman from Georgia,
that inscription would be something in these
words: at shall be breach of privilege
to assault member of Congress-" at shall
be a breach of privilege to assail and abuse any
member for words spoken in debate" " 1t shall
be breach of privilege to do anything which
could create personal disability, to interrupt
the course of legislation here, or to inAict per-
sonal disability on any member of this bod y"
Now, sir, although this may be the wish and
determination of the gentleman from Georgia,
who says that all these things should be spread
On our hook of rules and uuon fur etc mt. hook
yet infinitely prefer that they should rest upon