The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-04

equal force 10 Congress sitting as legislative body or TO
the Executive in the discharge Of bis peculiar duties and
yet will contend that any necessity can arise which
would justify either the executive the legislative depart
men Of the government in the exercise OF powers not del
! esated by the constitution.
dscoses the fact that some power wanted
to render efficient the discharge Of their duties by the Two
houses OF Congress which the wisdom OF our fathers has
provided for We offer the sae reply to their demand
for the exercise of additional power that we would make
to the legislative the executive the judicial department
OF government or 10 all OF them eombined and that 49, that
necessity Justify the exercise OF undeegaed powers
II the discharge of the duties imposed you by the con-
suton require the exercise Of powers other than those
you noN possessed Of you must TO the source from
which all constitutional power Is derived and seek that IN
an amendment to the constitution which you cannot OBJ
tain the mere plea OF necessity II the constitution Is
deficient amend it, and if the law defective amend that
1t would be strange reflection upon the wisdom Of the
trainers of the constitution to suppose that they had eXer
csed SO much and caution in guarding the rights OF
the States and the rights of the citizen against the usurpa
ton of power upon the part OF the federal government
aud yet while they manifested All uningness to trust
indefinite power in the hands OF the three departments
of government combined they acting mutual checks
upon each other, could have contemplated that one
brancho wit either the Senate or the House-of one OF
these departments could exercise such powers as are now
claimed for them Yet such Is the doctrine OF privilege
We do not believe however that any such omission as
failure provide for the protection of Congress has
Cured in the organization of government 1t will be
found upon looking into the provisions of the consttu
ton that this danger has been amply Guarded against
without resorng the perous expedient of seeking for
remedies supposed defects in the constitution in the I'M
defined doctrines of parliamentary privilege.
We turn then from ell these supposed sources OF con-
gressiona privilege to the constitution of the country as
the only from which any power can be derived by
Congress either branch thereof The fact that the fra
of the constitution guaranteed in that instrument Ger
tain privileges to the houses and TO the members there
of is strong, fnot conclusive argument that none
other were intended by them to be exercised 'nclns'o
uaius ercluso aheriuS' If they contemplate that Con-
gress should look to the parliamentary law for its prvi-
eges and the privileges of its members, 1t would have
been worse than useless to have incorporated into the
rop
its members, which, in this view OF the case, would
have been already amply provided for in the parliament
airy law.
The privileges OF the two houses and of the members
thereof distinctly laid down in the 9Th and 9th sec
tons of the LIST article of the constitution
each house shall be the judge of the elections returns
and qualifications of its members and ma jority OF
each shall constitute quorum to do business; but small
Ter number may adjourn from day to day. and may be
thorzed compel the attendance of absent members in
such and under such penalties each house may
provide
Zach house may determine the rules of its proceedings
punish its members for dsordety behavior and with the
concurrence OF tiFothirds, ekpel a tnetdbet."
"The senators and representatives sh6 receive com
pensaon for their services be aseertaned by law and
paid of the treasury of the United States They shall
in all cases. except eason felony and breach of the
be privileged from arrest during their attendance at their
respective houses and id gbhs to ad retTnhg from the
same aud for any speech debate in either hos they
shall not be questioned in any other place"
The powers and privileges conferred by these two pro-
visions of the constitution, in eonneSon with the express
authority also given In that instrument ito make all laws
which shall be necessary and popet for carrying into exc
cuon the foregoing powers and all other powers vested
by this constitutions in The 81 Inc United states
ment render unnecessary it is clearly improper and I'M
authorized go back to the law of the British Parliament
search peculiar and exclusive privileges The power
here expressly given each house to determine the rules
of Its proceedings and punish It's members for dis
orderly behavior How far they may go In the exercise
this power la providing rules simply for the punishment
others than of their body it is not necessary
inquire determne but there can be no doubt oil th
fact that under the authority given by the last clause
the constitution TO which have Referred Congress ha
power to provide by law for any and all contingencies tina
may arise and having the power by the constitution
punish their members for such dsordey conduct
would disturb the deliberations OF the body, and having
power to pass laws protect themselves from all disturb
interference from other quarters what necessity
there possibly be 10 go beyond the limits OF the cons
tuition in search for other and higher powers than those
pressly conferred 7
Instead Of being governed in action by precedent
from the Brtsh House of Commons, submit that ii i
more in accordance with the theory Of government
and more consonan with the sentiment of the American
people, that no citizen shall be Subjected TO any punish
for any offence whatever, unless that offence II
known the time of its committa to be violation o.
existing law If Congress feels that II is necessary tc
provide against any interruption Of its proceedings, it,
remedy is both simple and ample Its deliberations, i
rights and Is privileges be well and clearly de-
sgnated by law as the rights ana privileges Of any citizen
Of the country.
knowing the privileges of Congress and in conforming
his conduct their requirements lie has only TO look tc
the constitution and TO the law Of the an1 and do insist
upon il il he finds prohibition either in the
suiion In the law whether that law be passed by
both houses Of Congress law passed In the mature
rules by either branch he ought not TO be held responsible
for the commission Of any act which none OF these provide
against
We arc at loss TO understand why IL is that members
Of Congress be content TO enjoy the privileges
aud the protection which Is guaranteed 10 every
other citizen OF tho land We recognise privileged class
Ours is government based upon the idea Of practica
equality amongst all the citizens Of the republic Th
same constitution and laws which protect the Executive
the highest officer Of the republic give, not only to mem
bers OF Congress- but 10 the humbles citizen OF the
try equal protection We recognise further dstinc
than those which expressly laid down 10 the
stiution itself
We now proceed to inquire what privilege Of the Sen
for which this House has authority 20 punish disclosed
the facts which have forth in the commencement
Of this report.
The FIRST allegation is that the privilege Of Mr. Sumner
has been violated in this that he has been questioned for
the delivery Of speech In the Senate in violation of tina
provision Of the constitution which declares that "or AM
speech debate In either house they shall be ques
toned in any other place This provision Of the const
tuition evidently intended TO protect members OF Con
gress from such legal liability they might incur fol
words spoken In debate in their respective houses 1t
hardly be supposed that the constitution providing
against mode of questioning which In ITSELF with
such provision would have been only unauthorized
by law but in direct vacation Of the criminal law of th
land. Il is far from being well settled that this immunity
4 those from whom we differ Ia this matter.
II members Of Congress seek this shield and protection
which the constitution gives them, il condi
ton imposed upon them that their speech shall be prope
and legitimate In the discharge OF their constitutional du
!. y2 Ought they TO be permitted to avail themselves Of tn