The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-05-22
A QUESTION OF PRIVILEGE.

Last Thursday, Mr.. Knowlton, of Maine, sub.
mitted in the House the following preamble and
resolution:
Whereas difficulty occurred at Wizards
Hotel, in this city, on the 8th instant, between
Hon. Philemon T. Herbert, member of this
House, from the State of California, and Thomas
Heating, waiter at said hotel, which resulted
IN the death of said Heating, from pistol shot
fired by said Herbert and whereas, upon the
examination of said case before Justices Smith
and Birch, of the District of Columbia. the said
Justices were divided in their opinion as TO the
propriety Of allowing said Herbert to obtain bail
and whereas said Herbert was then taken on
the writ of haJeas corpus before Thomas II.
Crawford, Judge of the Criminal Court of the
District Of Columbia, and the decision of the said
Judge was as follows: That the prisoner enter
into q recognizance, with one or more good
| surety or sureties, in the sum of $4,000, con.
ditoned for his appearance at the next term of
the Criminal Court Of the District of Columbia.
| to be holden on the third Monday of June next.
to answer to the charge of manslaughter on
Thomas Heating, and not to depart the iurisdic.
ton Of the Court, without the leave thereof and
whereas the Constitution provides that each
| House of Congress shall be the Judge of the
| qualifications ofits own members, aud may pun.
ish its members for disorderly behaviour, and.
with the concurrence Of two-thirds, expel a men,
ber:' Therefore,
"ReSotred, Thatthe Committee on the Judiciary
of this House be, and they are hereby, instructed
TO take the case of the above-named Philemon
L. Herbert into consideration, that they have
power to send for persons and papers. and report
to this body, at their earliest convenience, what
action the House should take in the premises. y
Messrs. Cobb and Stephens, of Georgia, de-
MED that this was question of privilege. but
the Chair deciding that he would submit to the
House whether it would entertain the propo-
sition as question of privilege, Mr.. Stephens
moved to lay the question of the reception of
the resolution on the table. The yeas and
nays were ordered, and the result was
YEAs-Messrs. Aiken, Allen, Barksdale. Bell.
Bowie, Boyce, Branch, Broom, Burnett, Cad,
walader, Campbell of Kentucky, Garlic, Cling
man, Cobb of Georgia, Cobb of Alabama, Cox.
Dowdell, Edmundson, Elliot, English, Faux.
ner, Florence, Foster, Fuller of Maine, Fuller
of Pennsylvania, Goode, Greenwood. Harris of
Maryland, Harris of Alabama, Harrison, Ha.
ven, Hickman, Hoffman, Jones of Tennessee,
Jones of Pennsylvania, Keitt, Kennett, Letcher.
Lindley, Lumpkin, A. X. Marshall of Kentucky.
Maxwell, Mcqueen, Miller of Indiana, Millson.
Millward, Paine, Peck, Phelps, Puryear, Ready,
Ricaud, Richardson, Rivers, Robson, Ruffin,
Savage, Scott, Smith of Tennessee, Smith of
Virginia, Smith of Alabama, Sneed, Stephens.
Stewart, Swope, Talbot, Taylor, Thurston,
Trippe, Tyson, Walker, Warner, Watkins,
Wells, and Whitney-79.
NAYs-Messrs. Albright, Allison, Barbour,
Bennett of New York, Benson, Billinghurst,
Bingham, Bliss, Bradshaw, Brenton, Buffin,
ton, Burlingame, Campbell of Pennsylvania,
Campbell of Ohio, Chaffee, Clark of Connect
cut, Clawson, Colfax, Cragin, Cumback, Davis
of Massachusetts, Dick, Dickson, Flagler, Gal.
loway, Giddings, Gilbert, Granger, Grow, Har-
Ian, Holloway, Horton of New York, Horton of
Ohio, Hughston, Kelly, Knapp, Knight, Knowl-
ton, II. Marshall of Kentucky, Matteson, Nc
Carly, Meacham, Miller of New York, Morgan,
Morrill,, Murray, Oliver of New York, Parker,
Perry, Pike, Pringle, Purviance, Richie, Sabin,
Sapp, Stanton, Stranahan, Tappan, Thorington,
Todd, Trafton, Wakeman, Walbridge, Waldron.
Washburne of Wisconsin, Washburn of Maine
Welch, Williams, Woodruff, and WoodworthC
20.
Mr.. Herbert, a member of the House. one of
the law makers of the country, commits homi.
eide, in controversy, to which the provocation
was given by himself. The act is alleged by