True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-07-30

them constitute cfsnses against the pub
ic." Up. 45.) 49,. a...
And he adds further, when speaking of
the power Of the House to punish for con-
temp!s of its authority, that it is ga sum-
mary jurisdiction for the punishment of
ofenses substantially committed against
the people," (Rawle A. As But from
the report of the minority made in this
case, followed up by the speech of
the gentleman from North Carolina, I
should have supposed that any one would
have doubted the power of this House to
punish that member, by expulsion or i'm
prisonment, for this crime upon tie Con.
slitution and the people. No one has
ever doubted The power Of the House to
punish or expel its members for contempt,
disorderly behavior, or breach Of its
privileges. committed in the presence Of
the House, and during its session, The
minority concede this though their logic
on the right Of trial by jury would seem
to exclude any such concession. The
Constitution expressly provides that each
House "may punish its members for dis
orderly behavior, and with the concur
renee of two thirds expel member"
Mr.. Justice Story, commenting upon
this clause of the constitution says, " that
This power in the House to punish and
expel its members for aggravated mis-
conduct was indispensable, not as COM
mon, but as an ultimate, redress for the
GRIEVANCE" e Slory's Concentrates on the
Constitution, 299; secs. S35, 1861 You
rely upon no court or Executive to re-
dress this greviance--this crime against
the people. You rely solely upon Con-
gress. The Constitution provides that
for disorderly behavior each House may
punish or eXpel its members. We have
sworn, sir, to support the Constitution,
in this behalf. Shall we fail to do it
Do you not call it disorderly behavior
and a breach of the Constitution, for F.;
member of this House to violate the free
dom of debate--to insult the majesty o
the people. and desecrate the Hall of the
SsSate by a violent assault upon public
representative What excuse or apology
is there for this If the constitution may
not restrain the member, nor his oath
nor the sacred right of person, from such
violence and disorder, what can be done
but expe! him! Are we, sir, 10 wait til
other members Of this House, or the Sen
ate, in a like lawless manner, are beater
and disabled, and the power of the people
overturned? Is any man TO be allowed
on any pretext, to beat American repre-
senlalives, in the very forum Of the peo
pie, at his pleasure? Is any member o
this House to do this, and avoid response
biity to this House, and escape expul
sion on the ground that the House wa
not actually in session at that time!
Speaking of The expulsion clause Of tn
Constitution, the minority, strangel!
enough, after what they have said Of th
despotism of a Legislative body wlicI
adiudges and ececutes. as we'll as enact
laws, say that "Taking the whole para
graph in its connected sense, it seems Il
: us that it has reference to the Hous
while in session in the actual discharge
of its constitutional dulies'--and pray
} sirs, who shall Judge whether it is in tn
! actual discharge of its constitutional du
ties Shall any member who chooses t
: arm himself with bludgeon consliut
} himself the Judge, and Immediately upoI
!; adiournment, or an hour after the ad
{ journmen5 auihoratively determine that
member in debate was not in the actus
discharge Of his constitutional duty an
proceed, in defiance of the House, /
u punish the offending member according
, lyl So the minority manifestly conclude
, and hence their novel and startling, ar
nouncement: frsa iate4 cuR ,no'1G
{ "We entertain no doubt that the whol
, of this provision looks to the SESSION {
the House, and 10 furnishing its member
for such .disorderly conduct as would in
, terrupt its session, Extend it beyond tn
presence Of the session of the House an
it becomes an unlimited power. opera.in
: not only during the session Of Congress
but during the recess. 'aa4 ov 3s,vlstc
The minority are not content with,
literal denial of this power of Congress t
f expel or punish its members for rdisotdeI
: ly behavior or breach Of its privileges, c
. for Infamous crimes committed when ,th
8 House,is not actually in session, but the
, are equally swift TO limit aud restrict III
D constitutional exemption of Senators an
Representatives from question elsewher
I for any sbeech or debate in either Housl
(, OF this exemption the minority say ~
60 /" This, provision Of, The Constitute
: was evidently intended to protect men
bers from such legal liability as, the
s might incur for words spoken in debat
: in their respective Houses. 1t can hart
!. ly be supposed that the Constitution W;
g providing against mode of questionip
Q which, in ITSELF, even without such pr
r vision, would have been not only unal
g thorized by law, but in direct Violate
y Of the criminal, lao of the land sgi,y /
And the minority sry further: !, N3v
!, "If members Of Congress seek III
Q shield and protection which the Consl
9 ton gives them it Is an onerous condiic
b imposed upon them thatthci speech sha