The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-26

marked by the gentleman from Georgia Il rams mar
ael Wlth itand ends with it, 1t is admitted by a-at
least II has been stated very frequently and not gain
sadhat this privilege which is conferred by the British
statute IN very nearly the ii by the con-
sntuon there construed TO extend further than to
words spoken. a
The authorities this subject including the compara-
lively recent decision of Lord marlborough and Lord
Denman are well colated in speech delivered the
hoor OF the Senate BY distinguished from vr-
gnia Mr. HukTER II In England, man, under pretext
OF debate ntters and then publishes and crculates libel
lous matter no becomes responsible in court of Justice
lie can there be sued for LIBEL and damages recovered
The legal exemption then ceases and of any pec-
liar personal exemption ceases with IL.
Under this doctrine if Mr. SUMMERS speech as printed
and circulated by himself contained language which was
In fact belous, he became responsible in court of JUS
tce That exemption ceasing, all others resting on the
same basis ceased with it.
AS have taken the language from the British statute
we may well refer TO British construction as entitled to
weight here But think that the American courts adopt
ing the spirit of our Institutions have gone further To
restrain the abuse Of privilege than the British courts
have tF @@.
If understand correctly the rule in America il is this
he privilege intended to protect members only the
Legitimate discharge of their duty, and extends merely TO
speeches and debate egimatey arising in tho course OF
parliamentary proceedings II makes prerext
parliamentary discussion to wrek his malice on his per-
sona enemy If he pour his wrath and vi,uperation
"eonra parlianenariun he of course forfes his
privilege. Where malice begins, privilege ends. The
straightforward road alone is protected If departs
from that he steps oat from his and exposes himself
to danger. My limited time will allow me to quote
multiplicity OF authorities Better few and to the point
The pith of Judge Sorys teaching the subject
tanned in about single line: mo man., says he sought
have right to deame Others under color the perform
ance Of the duties of bis oficen @
Chancellor Kent states the law in England thus:
..Tbat petitions to the King or IN Pabmsnt a. q, ,ho
Secretary of War for any redress of rieyance are riv
legged communications, and actionabe bels provided
the privilege is abused But appear that the COM
munication made maliciously and without probable
cause the pretext under which made
case" "
The Supreme Court of the United States In the case
of White us Nichols a (3 Howardo saws that aby able
Judges of our own country the law Of libel has been cx
pounded in perfect with the doctrine given by
Chancellor Kent
The same court in the case referred to- saws that they
have examined the authorities which treat of the doctrine
slander and libel particularly with reference to what
been styled arvileged communications and they
announce their opinion thus: aa ~
oproof of oxnr... ,,a,;oo =, ,uu;,.o ,.,,...,o g.
will render that publication belous in its Character and ac
onabe and will subject the author and pubher
all the Of libel And we think that IN every
proceeding like those lust enumerated alsebood
and the absence of probable will proof of
malice" 3. t.la. a...
The whole scope of the doctrine goes to show that he
who pleads privilege must keep himself strictly within the
line Of duty.
What Mr. Jefferson saws in his Manual ia known tn all
II simpy that the privilege Of speecb or debate in either
house restrained to t6;nps done in the house in
parliamentary course For he 1.-THE memberl il not tn
have privilege contra orem pariantar 10 exceed the
bounds and limits of his place and dutyn Such il this
doctrine of freedom Of speechD in this country
Thus far have considered il q a question of law
come now to if as Question of right and ms
ce Because we happen to be members of Congress will
It be pretended that we are at liberty to rse in our vees
and with absolute immunity abuse malipn and slander
each other or any other person we may choose The doc
trne is absolutely monsrous Nor Is its meanness di-
mnshed by saving that majority in framing their rules
must properly restrict debate We know too well that
rules are often broken now-a-days How many of the
speeches delivered this question conormed TO our
rule which requires debate to relate strictly to the sub
ject under consideration Scarcely one
Besides the gentlemen of the North are largely in the
majority this floor Sectional feeling runs high 1t
may be agreeable them abuse the southern members
their constituents their institutions their families &c
Shall we be required TO submit TO il ALL and be utterly
without redress2 Surely not it is impossible We have
such right and could not enjoy it If it were given
oay " enPiese iA", you ,noo, sna' ehpers Vi oon
% eoJ pee.s lieeuoln " uepa.. anu may aons
right will be worth but little There can be no royal pre-
it the strongest munimens of legal defence; you may
make the sheriff and his posse the warders the tower
you may make instruments of punishment to brse on
the walls still the immunity will not be perfect When il
begins throw its fercey around injured sens
biity will revolt and aroused manhood will st OCCASION
ally break over and nilict condign punishment bro
ken head will still pay the penalty for foul tongue
Think sir of American character-how sensitive yet
how braves how easily wounded yet how quick avenge
the inquiry Better death than dsgrace Can YOU then
by legislation make American gentlemen submit, to ira
ducton with composure7 Never never sir You must
high hearts and teach them the low beat of
servility you must make our Anglo-Saxon blood run
milk and water in veins; you must tear from the
heroic ancestry and persuade that have descended
of drabs and shrews Whom you have done that and
changed blingsgaie into rhetoric and railing into elo
quence yon may then tho Senate and the House
Representatives into two great schools for scandal in
which your Dackbtes and your Crabrces may their
"hourn on the stage and fee happy Then too you may