The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-17


bers of each House, they "are in truth the
rights and privileges of their constituents, and
for their benefit and security"
Happily you, Mr.. Speaker, have no occasion,
upon the opening of Congress, like the Speaker
of the British Commons, to make demand of q
King that the peoples representatives shall en-
Joy, unmolested and unquestioned, these great
and essential rights of free Commonwealth.
These rights are declared by the Constitution:
and, as pledge for their observance, you de
maRd and receive of every member of this
House solemn oath, by which he swears, in
the presence of his Maker, that he will sup
port the Constitution of the United States -
that Constitution which provides that, during
their attendance upon the session of Congress,
not during its actual sittings merely, but during
its entire session, and IN going to and return
ing from the same, the Representatives and
Senators "SHALL IN ALL CASES. EXCEPT TREASON,
FELONY, AND BREACH OF TIE PEACE" be exempt
from arrest, even by the strong arm Of the law;
that they shall not be questioned in any other
place, by any other body than their respect
i've Houses, for any speech or debate therein,
and that " THE RIGHT OF THE PEOPLE," of all
the people, whether Senator, Representative, or
constituent, TO BE SECURE IN THEIR PERSONS,
SHALL NOT BE VIOLATED Constitution Of
United States, art. l, sec. 6, and amendments,
art. 4. y
That, sir, was the pledge which you demand
ed and received Of every member of the House,
his OATH his solemn oath, that he would not
himself, nor should others, so far as he could
prevent it, outrage or restrict Nv menace or vio-
lence these great rights of freq speech and per-
sonal security. But, sir, these provisions Of
the Constitution, and this solemn oath which
you have administered, are but solemn mock
cry, If the freedom of speech and debate here
or IN the Senate Chamber are 10 be silenced by
the bludgeon, and the offender to defy the power
of this House and of the Senate to restrain or
punish his atrocous crime.
Mr.. Speaker, whenever or wherever, within
the United States, any person assaults and
beats any member Of either House Of Congress
as punishment for words spoken here in de
bate, such person by this lawess act clearly
commits two distinct offences, and becomes
liable to answer therefor to two distinct tri-
bunals. First, the person thus offending is
guilty of an assault and battery, for which he
is liable to answer to the courts Of Justice and
second, he is guilty of contempt of that
House to which the member thus assaulted be-
longs, crime against the liberty of the people.
violation of their great right Of freedom Of
speech in the person of their representative,
for which the offender must answer Ia the
House whose member he has assaled unless,
indeed, the assailant be himself member of
IL,
which he belongs may punish the contempt
and vindicate the violated majesty Of the peo-
pie. This crime against the people, as DIS
tinct from the crime against the person injur-
ed, is not cOgnizable or punishable, as our law
now is, in any earthly tribunal but the House
or Senate.
Ia the case before US, the Senate has de
clned to punish the guilty party, on account
of his privilege rs a member of this House:
but the Senate has complained and reported
to this House that the member from South
Carolina has, in the Senate Chamber, assaulted
and beaten the Hon. CHARLES SUMNER, q Sena-
tor from Massachusetts, and has thereby "com-
mitted a breach Of the privileges Of that body;
and that the power to arrest, try, and punish
him for this offence devOlves on this House"
That, sir, is the judgment Of the Senate. This
ssaaNNlts ihArAfnrA, npnn the peoples priyilage-
this crime which touches the nations life
must be punished here if anywhere. That the
member is guilty Of crime against the peo-
pie, as distinct from the crime against the per
son Of the Senator from Massachusetts,, will
scarcely be questioned. Rawle, in his Com
mentary upon the Consultation, says:
g. It's maxim in the practical application Of govern,
men' mat tn- public nnetona'irs should D.. supported
IN the free exercise of the power nruStc them Al
iempts TO biIbe HfDiiais them constitute offences
against the Ppbic'-iP. IS
And he adds, further, when speaking &C the
power of the House to punish for contemp;s of
its authority, that it is "a summary Jurisdiction
for the punishment of fences SUBSTANTIALLY com.
mitted against tie people. II Ra,cle. ii. 45)
But from the report OF the minority. made in
this case, followed up by the speech of the gen
tleman from North Carolina, should not have
supposed that any one would have doubted the
power OF this House TO punish the member. by
expulsion or imprisonment, for this crime upon
the Constitution and the people. No one has
ever doubted the power of the House to punish
or expe its members for contempt, disorderlv
behaviour, or breach OF us privileges, committed
in the presence OF the House. and during its
session, The minority concede this, though
their logic on the right of trial by jury would
seem TO exclude any such concession. The
Constitution expressly provides that each House
may punish its members for disorderly be-
haviour, and, with the concurrence oftwo.thirds,
expel q member"
Mr. Justice Story, commenting upon This
clause of the Constitution, says "that this power
in the House to punish and expel ita members
for aggravated misconduct was indispensable,
not as a common, but as an ultimate, redress
for the grievance" "a StOY.ys Commentaries
on tie Constitution, 800, secs 835, 1861 You re-
ly upon no court or Executive 10 redress this
grievance-this crime against the people, You
rely solely upon Congress. The Constitution
provides that for disorderly behaviour each
House may punish or expel It's members We
have sworn, sir to support the Constitution in
this behalf Shall we fail to do it? Do Won
not call it disorderly behaviour, and a breach
of the Constitution, for a member of this House
To violate the freedom of debate-to insult the,
majesty of the people, and desecrate the Hall
Of the Senate by violent assault upon "A pnb-
lie representative What excuse or apology ia
there for this i? If the Constitution may not re-
strain the member, nor his oath, nor the sacred
right Of person, from such violence and disor-
der, what can be done but expel him? Are we.
sir, to wait till other members Of this House. or
the Senate, in like lawless manner, are beaten
and disabled, and the power Of the people over
turned? Is any man 10 be allowed, on any pre-
text, to beat American representatives, in the
very forum Of the people, at his pleasure Is
any member Of this House to do this, and avoid
responsibility to this House, and escape expul-
sion, on the ground thai the House was not act
ually in session at the timer
Speaking OF the expulsion clause Of the
Constitution, the minority, strangely enough,
after what they have said Of the despotism of
Legislative body which odjudgeS and erecutes,
as well as cIldcts, laws, say that, "Taking the
whole paragraph in its connected sense, IL
seems to US that it has reference to the House
while In session in the actual discharge of its
constitutional duties and pray, sirs, who
shah Judge whether il is in the actual discharge
Of its constitutional duties? Shall any mem.
Der who chooses to arm himself with bludgeon
constitute himself the Judge, and Immediately
upon adjournment, or an hour after the adj.
journment, authorita,ively determine that a
member in debate was not in the actual dis
charge of his constitutional duty, and proceed
IN defiance of the House, TO punish the offend