The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-12

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was breach OF privilege and yet large majority of the
present House including all those think who sustain the
action against Mr. BaooKs attached little weight IT,
that when they had the whole United States TO pick from
they selected that very gentleman to make clerk Of the
House OF There have also, been several dues without
anybody being punished for them IL is true that when
the Cley duel occurred owing to the fact that there was
great deal of political excitement that time and that
II was supposed that MrCay connected with H. and
some capital would be made against him and his party the
House did get up committee, and had debates but the
matter was laid the table and instead very foolish
law was passed on the subject Of dueng During the first
Congress that was here duel occurred between
ber from Alabama and member from North Carolina.
member from New York preston King did then introduce
resolutions but after little debate the House rejected it
by laying it on the table The last duel occurred in 1851
between gentleman from Alabama and from my
State and the House took notice of il at all.
Then MS 70 outside difficulties such as this which the
gentleman from Ohio has now brought before in the
present case have had almost innumerable of
them During the Congress before the last while the
House was in session. and just by the door of tho post
eal some other member Of the cabinet and nobody
took any notice oft Why, there was shot in the
going between two members in the House; but
punished for it, friend beside suggests that the
House did raise committee in that case believe it did
but that all.
might alude to many other circumstances of this kind
My object to let the House that this occurrence
compared with similar ones sought to be greatly mag
ned Now the utmost that could be said of this is that
was breach OF privilege Of the House and of the SEN
ate WE'LL all these instances that have cited clear
and conessedy SUCH because done in the presence Of
houses when actually in session and yet of them
were followed by punishment really cannot undertake
to give history of all these disturbances there
have been many of them but reminded Of another
fight that occurred in the post office between members
while the House in session during the last Congress
But there is great effort to make political capital out of
this case. That is obvious TO every Here is certain
party calling itself republican, which thinks perhaps, that
with it the sands OF life running little low and
hence It's friends want to get up great excitement and
camor in the country in the hope of acquiring strength
briefly to the facts OF the and the principles involved
to show that there nothing in the world to justify that
excitement.
Now it is admitted that the gentleman from South Car
ona went into the Senate chamber after that body had
adjourned and committed assault and battery
ator. They charge, in the first place, that that
breach of privilege of the Senate.
The able argument of the gentleman from Georgia Mr.
CoBB rests the general question of privilege think upon
proper grounds do not mean 10 follow in his footsteps
TO the ground occupied by him. say, however that
in the first place. 1t cannot with truth be charged
breach Of privilege of the Senate because the Senate was
not at the time in session and If 1t not in session. then
1t was not such an existing body as to be subject to such
a wrong.
There a clear distinction between the Senate and the
individual senators of which it may be composed when
called together 1t is only Senate when in actual session,
and has not at other times any of the rights conferred
II Senate This proposition is clear that 1t has
only to be stated, think, TO be acquiesced in
In the second place. 1t is said that IL wac wrong,
the ground that committed in the Senate chamber
and great deal of stress Is laid upon that point In certain
quarters Now, know that when the Senate is not in
session. any citizen go into the Senate chamber just
he into the rotunda along Pennsylvania avenue
and assault and battery committed there is no more
than asanh and battery committed anywhere else We
have politically speaking sacred places in this country
There are halls for doing public business, and when
that time is breach Of privilege but there is
| tity Of place. according to our American ideas.
An assault in courthouse while the court is in session,
is contempt Of But nobody ever pretended that
fight there while the court not in session. any
thing more than fight elsewhere and ! may add, in
I .lz
that even assault and battery upon judge while
walking in the streets is not breach Of the privileges OF
the court will, however, proceed to another point
Il is argued in the third place. that If this not
breach of the privileges Of the Senate it breach OF
the privileges Of senator Well sir let us look at that
for single moment will not argue it at length because
this point has been already well argued in the report Of
the gentleman from Georgia, lMr. Conn., In the first
place IL Is said that senator be called to account
for words spoken in debate in any other place What
does that meauH You and know that these words
copy OF old British statute made to protect
bers Of Parliament from being sued for sander because
member Of Parliament sued for slander for words
spoken in debate aud had TO pay heavy damages They
therefore passed that statute and copied it. That IA
the plain and obvious meaning it II Is protect
bers and senators from being harassed by civil actions
indictments for lbels The gentleman from Ohio asks
Are not the persons Of the peoples representatives TO be
protected Certainly they are; but so Is the person Of
every citizen in this country. The law Is presumed be
sufficient protect every man senator has no adyan-
tages in that respect anybody else We all
titled to the protection Of the lawthe humbest citizen
n
this county-nohing In the constitution in Amer
lean system, to support such claim AS is now put for
ward.
The notion which persons have adopted as TO the
sacredness OF the persons Of senator's sort of Brahmn
ical idea say Brahmnica because in India where des
posm has hourished from time immemoral and presents
its debasng features Brahmns person is held to
be sacred and II he commits the greatest crime his
person cannot be touched II be is guilty Of treason
the government dare not punish him In his body but
only send him away. That system illustrates what Is
meant by the peculiar privileges and sacrednes Of per-
Of senator claimed by the abolitonists and
others whom they have carried away for time under the
recent excitement Sir repudiae the idea. II Is un-
worthy Of the age and Of the country n which live
All entitled TO the protection OF the law TO their
persons but any peculiar privileges hold there
FORE sir that there Is nothing in that clause at all which
bears upon the question under discussion. But supposng
that am wrong in my opinion s the facts are not su-
cent 10 make the claimed in the report Let us take
the gentlemans statement Of the facts and proves
concusivey that the assault did not grow out OF words
spoken in debate Sir the words Of that SENATOR as spoken
in the Senate, did not cause the assault in question.
IL Is not conended that the gentleman from South Caro-
lima heard tho words spoken in the Senate; would
he in fact have made the assault for them spoken The
report Of the majority shows the facts to be different
Why was 1t commtted2 The words Of MIR. BRooKs show
the cause "Sr" said he TO Mr.. SUMNER, al have read
punish you for it." The assault occurred because Of the
publication made by the senator from Massachusetts, not
for pords spoken IN debate, The whole evidence goes TO
show that Il was for the publication Well is he protected
In any way for thatf Why, not at ALL In England, from
which got this provision OF the constitution II has been
repeatedly decided that If member Of Parliament any
body else prints his speech, and II Is belous he Is not
this country L. therefore, out that that gentleman
urpted and publiahed WI offensive: and