Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-08-07

shlullon does not, in the words OF the English
statute. declare these privileges TO be "of the
liberties of the people," it has always been so
understood aud AIR. Justice Story, in his
Commentaries on The Cons tuition, 2lvol., S48,
says of these rights and privileges of the men,
bers of each House. they "Gre in a4a 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 a
King that the peoples representatives shall en-
joy, unmoestsd and uUquestioned. these great
and essential rights ola free Common wealth.
These rights ara declared by the Constitution ;
and. as pledge for their observance. you de-
mand and receive Of every member of this
House a solemn oath, by which he sBears, in
che presence Of his Maker, "that he win sup
port the Constitution Of the United States"-
that Constitution which provides thai, during
their attendance upon the session of Congress.
no! during its actual sittings merely, but during
its entire session, and in going to and returning
from the same, the Representatives and Sena-
tors "sHALL IN ALL CASES, EXCEPT TREASON, FELL
oNY, AND BREACH OF THE PEACE" be exempt
from arrest, even by the strong arm of the law /;
that they shall not be questioned in any other
place, or 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, ITO BE SECURE IN THEIR PERSONS,
SHALL NOT BE VIOLATED" Constitution ofhc
United. States. art. 1, sec, 6, and amendments,
art A. -.... .......
That, sir, was the pledge which you deman-
ded 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 by menace or vi.
olence these great rights of free speech and
personal security. But, sir, these provisions of
the Conttution, 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 senced by
The blulgeon, and the offender to defy the pow
er of this House and Of the Senate to restrain
or punish his atrocious 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 his lawless act clearly
commits two distinct offences, and becomes liza
BILE to answer thereforto two distinct tribunals
Fnst, 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 belongs, crime "a
gainst the liberty of the people, violation of
their greatright of freedom Of speech in the
person of their representative, for which the Of,
fender must answer to the House whose mem
Der he has assailed sunless, indeed, the assail-
ant be himself member of either House in
which event, the House 10 which he belongs
may punish the contempt and vindicate the vi
olated majesty of the people. THIS crime a.
gainst the people, as distinct from the crime a.
gainst the person injured, ia not cognizable or
punishable, as our law now is. in an earthly
tribunal but the House or Senate. ag.ga
In the case before us, the Senate has declin
ed to punish the guilty party, on account of.Ais
privileges as a melnber 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 SUMEEP, Senator
from Massachusetts, and has thereby 'commit-
ted a breach of the privileges Of that body !;
and that the power to arrest, try, and punish
him sor this offence devolves on this House"
That. err. is hejudgment of the Senate. This
assault, therefore, upon the peoples privilege
this crime which touches the nations life
must be punished here, if anywhere That the
member is guilty of a crime against the apeq-
pie, as distinct from the crime against the per.
son Of the Senator from Massachusetts, will
scarcely be questioned, RaSle, in his Com
mentary upon the Constitution, says: 1} ~
'Itis maxim inthe practical application
of government, that the public functionares
should be supported in the free exercise of the
powers ntrused to them, Attempts to bribe
or to intimidate them constitute offences against
tie public. ."-( P As, .aaa.a ra
And be adds, further when speaking Of the
power of the House to punish for contempts of
its authority, that it is "a summary jurisdic-
ton for toe punishment of ofences substantially
committed against the people, ,"-( Ra'cle, a.,
Is But from the report of the minority,
made in this case, followed up by the speech
of.the gentleman from North Carolina, Ishould
not have supposed that any one would have