The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-19
CONGRESSIONAL.
SPEECH OF HON. HOWELL COBB,
or GKoRGIA


GEORGIA,
On the resolutions reported by the select committee in
yesgate the alleged assault upon Senator SUMNER by
Mr. BaooKs delivered in the House of Representatives
July 10, 1856.
Mr.. COBB of Georgia, said
Mr. SPEAKER: do not know that should have alluded
all the facts detailed by the testimony in this
had been that the gentleman from Massachusetts,
Mr. CoMRs who has just taken hs seat seemed disposed
TO give currency the charge that has been made by
the press and that has been made in other speeches upon
this floor and perhaps in the other branch Of Congress- in
reference TO the which led TO this assault upon the
senator from Massachusetts had hoped that the facts
detailed by the evidence would have been substantially
agreed upon and that there would have been dispos
tOn here before the country eyade the ssEe made
and understood by that evidence.
The charge made by the gentleman from Massachusetts
Mr. CoanNs TINT this assault made in consequence
of the antsavery speech and anavery sentiments OF the
senator from Massachusetts is not founded In truth
supported by Let meet the issue fairly This
himself well from other witnesses shows that that
assault made in consequence Of personal insult Of
fered the friend and knsman OF Mr. BRooKs and of
II stated by Senator SUMNER in his evidence the
given by Mr.. Brooks at the time the assault was
made Therefore if this House is disposed to come to
fair and proper judgmenf we are disposed to have
proper Judgment by hecountryet that
try understand the truth, as we understand 1t by this ev
dence
The view which take of this does require that
should examine in detail the evidence in the My
object sir in rising to address you in support Of great
fundamental principles mboded in the constitution my
and shall not be deferred from the line OF
argument because the gentleman from Massachusetts,
proper TO by that need not raise my
voice in behalf of the constitution Of country He has
warned that the time has passed when such appeal
be successfully made the floor Of American Con-
gress He has told that il only remains TO draw
black lines around your constitution and write upon its
face the word expunged Sir he who is prepared for the
damnabe deed may perform it 1t part of duty
and finds response in my heart prefer to guard and
protect from the assaults of treason and fanacsm this
rral Frnr, nntipN fail sharl
Mr. COMINS. referred TO the slave power.
The SPEAKER. 1t is not the right of the gentleman
from Massachusetts to interrupt the gentleman from eor
gia-
Mr. COBB. have objection to any explanation
which the gentleman from Massachusetts may proper
make. say sir, that Notwithstanding all this, rise to-
day to raise my voice in behalf Of that constitution.
plant myself its provisions and call upon this House
enforce them We sit here to-day a court pass
Judgment of our felo w-members. invoke
the of the House in considering and passing
this Judgment ask them to lay aside passion and preu
dice Come up to the investigation of this question with
your minds free and open conviction Let the truth take
afoothod upon your minds and whatever Judgment your
minds arrive pronounce il without regard TO public
feeling and excitement and the indignation which you
may apprehepd outside Of these walls
The report made TO this House by the minority Of the
committee asserted two general proposonsone in rela
ton the freedom of debate declaring that that provis
ion Of the constitution referred intended 10 protect
members the exercise of their represen duties In
legitimate and proper debate from all questioning before
the civil criminal courts of the land On the subject of
members OF either branch of Congress possess other
privilege than those which derived from the conBu
on from the laws and from the rules passed in conform
ity TO the constitution. These the two PROPOSE
tons asserted by the report few words in relation
the first Gentlemen have referred in this debate to the
language of the constitution in support Of their views Of
freedom Of debate guaranteed by that instrument II
declares
for speech debate in either house they shall
not be questioned in any other place"
In the construction which have placed this pro-
~ han
toned in the OF the country for matter spoken in
debate which might be held sanderous lbellous
the wisdom and proprety Of the provision. But when
you attempt to extend it gentlemen this floor
call Congress TO extend it TO give every member
perfect immunity for anything said in debate let
to what result it would lead. We know how irrelevant
debates frequently in this body bin pending be-
fore the House 10 provide for the for lost horse
for granting quarter section Of land any other
purpose and member on the oor ayas himself OF that
opportunity because may be in the Comittee OF the
Whole the OF the Union, and the state Of the
Union generally may be under debate which 10 unlimited
unrestricted unresained and INDUCES in TRADE Of SLAM
der and libel and abuse and vuperaion any citizen OF
this republic DO you tell that the constitution in
tended say that man. I'VE throw the Ggs Of pro-
lection around YOU and although this violation Of
every propriety and would be regarded in every
nifty highly indecent vulgar wrong improper unjust
fable yet you member Of Congress, and you shall
not be questioned for ii p
What do YOU mean by the term aquestinnedY " Iit Is
be taken in the in which have used it. then
il must be taken in its broad and comprehensive sgn6ca
gress Of the character have designated and in
the country question you in relation it, ask for
an explanation aboutitj no man ask you If you in
tended personal insult personal indignty. Another
man make such declaration within the sacred halls
of justice he may make il in the pulpt he may make II
when where and how he peases and he be called to
account for il elsewhere but because he is member Of
Congress he s authorized 10 become beler and
sanderer and the constitution grants him immunity from
all responsibility. Such is the doctrine Of privilege.
But again when you have made speech upon the floors
Of Congress is the newspaper press liberty to comment
upon your speech Can The public press cricse what
You have said Can The public press call in question your
arguments your policy No sir; when you have gone
beyond the boundary have laid down. there is limit
whatever the doctrine assumed by the majority Of
the committee IL the position assumed be the true one,
then The public press whenever II questions member Of
debate upon the floor Of Congresss guilty Of violation
Of the privileges OF the House and the propetors may be
called 10 your bar and punished
Now sir want TO know il this doctrine is TO be
tanned We have heard much here about freedom OF
speech-that il be maintained that IL must be pre-
government But what will you do with the freedom
Of the press II no may question member OF Con-
gress for speech debate then the press
question il and there political press in this country
tht does not violate the privileges Of this House In every
issue that comes from IT. for they constantly question
floor OF Congress. In their anxiety 10 maintain
sumed privicReor rather immuuty-under this provis
ion Of the constitution guarantyng freedom of debate the
opposition would trampe under foot that other great huh
wark OF American freedom-the freedom of the press
When protection TO sanderers and lbellers all that is
worth preserving
Again; insure freedom Of debate Is necessary that
gentlemen shall be permitted 10 speak with freedom here
upon the floor Of Congress- But does that justify the cir