The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-19
CONGRESSIONAL.
SPEECH OF HON. J. n. TYSON,
or PENNSYLVANIA,

On the resolutions reported from the committee the
alleged assault BY Mr. BRooKs Senator SUMNER de-
hvered in the House OF Representatives july IL 1866
The House having under consideration the report of the
committee on the alleged assault OF Hon. PRESTON D.
BRooKs Hon CHARLES SUMNER of the Senate and reso
iuuons to expe and censure-
Mr.. TYSON said:
Mr.. SPEAKER From the moment these resolutions came
before the House. now nearly week ago have endeav-
ored at every opportunity 10 attract and ear o the
Speaker for the purpose OF submitting my views on the
constitutional question which they involVe but has so
happened that all my efforts have been Intellectual until
the present time, when in order TO bring the debate 20
Close under the operation of rule which forbds
any extended discussion II my intention TO attempt
show what confidently denied by the minority
port that the jurisdiction of the House of Representatives
misdemeanors committed ont of its presence ms un-
questionable its exercise in this necessary
for the credit of the House and the credit of the
country that should examine with the limits OF
constitutional power In order that this question OF
Jurisdiction may be finally settled and at rest now and Tor
! the future.
But before turning this precise subject permit
word or two rather by of notice than OF extend
cd examination, of dsapproyal rather than reply in
swer to general sentiments which have been started
in the OF this debate Much OF the discussion has
gone of in saes the freedom Of speech and the free
dom OF the press and in dsqusons the right OF indi
ydnas to redress the wrongs Of themselves and their
friends for the abuses OF either The whole spirit of the de-
bate reveals AS deepseated feeling in some portions OF
this country elevate the eremedy of personal redress
into higher laa know there is in others to call
higher law to their aid in opposing great constitutional
|
liberty in equal danger from both these excesses when
such mistaken notions of exist wherever such mad
4 icentousness prevails.
jeu fssprh of Dr. Franklin in of his lively anon
ymous essays has been quoted grave authority to
that he was in favor of correcting the liberty OF the
press by protective grant of the liberty Of the eudg The
passage has been paraded with the gravity of
point Franklin prepared the article in 1889 for newspa-
per called the Federal Gazette He entitled it. An
count OF the supreme of udicature in Pennsyva
viz the court of the press His subject which the title
well describes distributed into various heads such the
poper Of the court its rdce 5e, until he comes to the
checks where be anghngly discourses the
OF the cudg In this part of his essay he presents plan
alike aceous and ingenious for the restoration of what
he describes as an ancient privilege But before counsel
ling such extremity the oldfashioned resort to
druobng he cooly advises in the first place to visit
sonaity and defamation with "noderdten punishment,
such as tsrring, ieahering, and tossing in blanket
Have those innocent gentlemen who in this delightful
uvenescence OF old man the authority of the phosophc
Franklin heard of that delicate figure in rhetoric called
trOny2 The essay in question intended to be
serious Is only capital specimen Of ronica pleasant
ry and pnngent satire
Blackstone tells that by the common law of England
husband could legally punish his wife by administering
to her moderate correction. He pleasantly adds that
though this right had passed away, the lower classes
the people who always liked the old common law showed
their attachment to II by keeping the old practice Are
the happy strokes Of Addison in bis sportye descriptions
Of Sir Rodger de Covery, Of Irving in his play
u excursions Of Shakespeare in his numerous characters
Of Sydney Smith in his witty veins TO be taken as types
Of their real opinions the subjects they profess TO treat
AS well might Blackstone be cited in favor Of whipping
wives the sly humor OF Frankns article be quoted In
yfndication Of the OF the cndse AL readers know
what opinions the political and philosophical writings Of
Franklin enforce For grave legflao for the supporters
OF law and order his 10 unchangeaby identified
with the opposite doctrine He thought that the moral
premacy Of law physical violence was OF the in
dspsable props Of the whole fabric Of social liberty SO
far Is IL taa fact that this humorous essay furnishes
index Of bis real opinion aI he father Of American
printers the dignity of his calling, be quoted
for the srntment written in l37-above hy years be
orehAt tbe true remedy for The iasehood and injustice
press hs olpd IN those neutrazng and coun
eracting nfu Wbich securrd Dy its eeoi ET
perence has proved in this country, that the I0r an
adequate safeguard from the effects Of is wanonnes and
Just sVenRfr Of its Aud history has shown, in
England well here that i ppshpckled freedom
Is the best restraint upon its RIGHTEOUSNESS and The bes
disinirctor OF Its POISONOUS exhalatUns
tWas feared sir that the abuses Of the press would
at last prove the grave OF IL freedom However bad
as Milton says in speaking Of such
q License they when they cry liberty p
may abuse It, the Apprehension Of such consequence Ia
shared by lew. The press unlike those venomous
reptiles which told sometimes sting themselves TO
death rather in this respect TO be compared 70
dying constitution sslfPoised seEsustalnng and pre-
eminent Il possesses like the press within itself the means
Of rectiyng It's evils without bringing with the
recon the ooncomtant and greater III OF selfabandon-
ment revolutionary change
An argument must be hard pressed for authority 70
tain IL which will deliberately summon to s aid such
efusion, or quote the sentiment Of Sismond Tor the
tnuance Of the practice Of dueling The historian Of
southern Europe would doubtless recognise the
tonal rules ofhe duelo for the decision Of personal dis
putes important step In the march Of civilization,
from those rude in which sudden and Vindctve pas
decided the But the thing may be said
Of many other improvements past tmes They
merely essary now but their adoption continuance
would carry us back TO the bsrbsous ages which they
characterized and Of Whch they formed part As civili-
saOn the and the duel give place 10 those
moral appliances which distinguish higher civilization and
sd dyanCed stage Of society people must lose in
the Of refinement beay the absence Of Il In pro-
portion thry adopt try to perpeuae the usages Of
semi-barbarous times. The hafept and meage ciVya-
of frhfo IL
own times and country than s the resurrection OF dead
and buried epdlry In the person Of Don QuIote 10
drtss The wrongs OF injured innocence Equally good
reasons drawn from blsiorics analoge can be given In
favor OF whipping wife for misconduct az for continuing
the duello using cudge In debate But dismiss the
topic
The grave circumstances attending the transaction he
fore the House the number Of similar which
times have produced and the sad consequences 10
the national character which they entail require full
consideration Of the jurisdiction Of Congress acts Of
violence on the part OF its members
instances have indeed happened such have beard
recounted this hoor-l viii say with eviy, but
certainly without dsappovalworthy rather ~ the cock
pit and the ring than ass@ns or gentlemen invested
with legis-, power think the feeling Of the country
would be rather in favor Of covering UP such dsgEacs
than revealing them oT eva shame and the condem.
nation Of mankind II they have been sometimes winked
at II Is high time apply corrective, lest continued
impuny should tend to their continued recurrence.
come therefore To the immediate subject in hand
Sr, cannot subscribe the doctrine OF the minority
report plausby and ably defended by its author the
honorable gentleman from Georgia mr. CosB The at
tenon have given TO this subject satisfies that the
principles Of the report dangerous and wrong II
pudates altogether the authority Of English precedents
and traces while confines all the Of either