Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-06-13


questioned in any other place for II, men we "te VIII
nut redress, md cannot even I'll" Vt '"',' ''' "
| To sue indrrt, is I" 'I'lrt'"'' anu no " i,
~ rIycu, To- sI,. or indiGt, II u none III ";i.P'
nave Great vcn.ra:iOn for the Sr'!'"' "'u'h T.
rv. nil il. prIyI: r-s intact, ani NV IKE " Ia re-
u .rr il, Determination ere 1t finally sets up cl IN
=, ur,y.a.. which muIt legrar is,: fn a bear ghr'
.n RIM fur .!;atrrlai exhibitions "t hl toHGutrd
ism and brns il into "dn;n ani contempt win me
uurlun behold the consequences 1T lis doctrine. Il
Suuucr was privileged what Is the condition uf thc
! Carolina Senator. ii" must 1t iauely, without r.
drrs. u any kimd, and hear his noble STATE detained
| aui himself In-ul;rl aIl ralGre return d~Ih'Hh
| ton with defamation, Insult wi:h insult, and biack
| guardism with biackguarlism Is this t. b. tie rn
| iluyment ot Senators who represent severe, 81
| Statesl Can the Senate or the Union exist umd"r
such practice Nay, is it desirable that it should
| And what let me ask, ~ there more vau
able III thus liberty nt speech IN members of Congress
than III the preservation Of the lair fame ot g'"!
man, the liberty "f the press! l. mot the liberty
the press as fully secured by the Constitution H. tie
liberty of speech in Congress. aud is not rs dear aud
valuable 10 the country! Aud who has ever though;
that the freedom OF the press gave immunity for
bells! But Ii Is sad 1.-THE place. the plnre H.. should
not have struck III the Senate chuutrr. This is la.
d'crous. 1t is til" Ilulibras,ic notion of honor,
tor II makes the privilege to be III the chamber no,
the Senator, and 81 the room nnd not the right is 10
be vimdcated-the chamber and not the Senator!
But 1t WAS cruel, brutal, savngr-al-, alnrkadayi
What else could Senator in such case with such
person do II he returned his abuse lie
would he degraded. II he abused Massachusetts he
would be false and unjust. Ii he ruilen.e' to equal
combat he would be brought up tor breach of priv
eSc, or told that. "rrgl"uSly,' he believed III the
riSht 0 seil'ictrncr but rriIgIousy lie dad not be-
evo IN the code Of honor. What then, could he do
but sit quietly uuier this horrible ''eXpecUratun,
| or whip the dirty rascal f,r il !
H. But il there WAS breach ofprivilege, what lIas
| the House to do with II Suppose Mr.. Brooks had
waited until Congress adjourned, and then whipped
Sumner, could the House, next winter try him for il!
And yet il could try we'll then now, for it would
be just rs much breach of privilege. Or, sup.
pose Brooks had been The person assaled and be
had sue or luiictod Sunnrr TOR the libel, could the
liousr have punished hun for II! Surrly no man wall
! cOnteEd tor such power in the House. Certainly
the Constitution does not give and did not Intent To
give it any such power. IT il has this power tn pun
sh il must have the corrcinive power 10 protect AMI
then If any member is ingg-d anywhere. during his
term, the House, whether sitting at the time not,
has Jurisdiction the case punish the offender:
for tue power Brooks il claimed expressly upon
the ground that the House has the power to '"o''t
! its members, nrd, therefore, the power to punish
them tii,., therefore, II ana not the Senate, must
| punch lirpois.
To sud lden,GGr and ip;psscn him for rivaic
debt, Is breach Ut privilege Il. sluL H. tho llous"
meets, and would it NOT be- ut least Ia graat GT,..
and breach ~ privilege" I" whip him for private in
.
! cniS. Gt every Quarrel between ut Us members
nn! IneIJIg Ia IL. s;ernte, which on the
street or III II tavern VI IL COURT or III steam
! boat, aud punish ~ It's pleasure
! Suppose Sumner had been whipped at his lodgings
/, or 10 pustun and had com. back CRYING To the Sc
nate Iiiat psi ic. had been violated, and the Sc.
nate had resolved IIally u l. 10 DONE that he was
right could the ll0us" br!. BROOK uE,. Gn,l., why
! he whipped him. and punish ut lis pleasure! 1'h"
der IS npIsruuS and prcpus'er"us, aud has II" fouu
.
in the Consultation 'up0u E;-k the claim to power
| rests, was designed IL 'pr"tcct ihc nenLs.. only
from hga!Habddy Tor words properly spoken in de
bate GrG was Designed I" make either house
the tribunal for liz tr.gl Of cases ot assault and bat
terry, occurring oct ~ tie Loose, u think | will
show.
T language Of the Constitution is !ot any speech
debate III eitl.or house they :hal! not be- G>'C"d
in any other place" IT'S huIi, perfectly apparent
that tho true aud emily meaning III this Language is
that they shal! not TO liabc, legally liable To Iucs-
ton for words properly "spokun in debate VI IRE
than ths the words cannot mrnh. IL they DO they
| must mem what is absurd aud impossible. To witt
li.a ne shall not speak to member about speech;
aud tE.3 pEg+s: tint the Convention teudcd I"
declare ,he meg at ii gue:t oming crime.
The Convention !n!ehdea To such i"l-. but simply
to declare that the member should not ee lrE"y re-
-ponsIbe, leaving hun To redress his Perspndl wrongs
u. Glhe: l:ti"eus may In conformity with THE view
has been tho unGr. exposition VI the plea OF prIrl
Ieye. 1t is disability, hkelndhcy Go"erturc nsanl-
~, or drunkenness, and must be pleaded AMI II rot
pleaded, cannot be, and never u, regarded by the !
courts ;hct the constitution does not SH0 riS'r'
EXEMPT member I.UG ,.Cesiion. but IN effect, dc.
tares only that he shall Je protected b. III: privilege
if he CHOOSES 10 avail himself of it, his view Is al /;
so elsrantG BY the history ot he clause III Guest
O.: IN. iQIlo!2inc ciranjuE will show In the c"nv-n
iIun MIR. Pimkney rcorG-ed Ii:a i"H""is claus !
which was referred 30 tlo cuininite at deail, VIZ
Each iiuu=a shall Gn ha judge o! = oTn privileges
and .hsll have authority 10 puniaa by Imprisonment
every person violating lie game, TT wh"' III Inc place.
where the Legislature may he sitting, ana darig the
t.u: E II session, shall threaten '''y :" ''S I,7"pr
for anything s4 - done in the House; or wh" SHAH
assault nny Of ii-.n I..-f'' "r VII" shH Assault or
arrest any witness Other e,a". "s3la' |" a'irh"
either OF the Houses in his way. going 0r fota.'hS
who shall re'rue my prrs"n arrested ~ hr!f VI
der" ISur i,":'isun papers, " Sul.. 100
SubsrGuent!; u - ,.?uH''ht up again. ana was
opposed by Mr. kanhutph Sr. i.Gd!..T. and Gov |
Morris, and .uppnE'"d tNrn"Ge r"GEi"t"sr',
by -. Wilson. Mr. Madison Thought The power
proposed dangerous one, aud thought II better thai
provision surIu ;sceriaimIng by In" the
privileges al each ii"us. t.an lJ i", -.r'' House
IL dyr;Ls i"r Itself And Will here rrmar that his
sUggcsiip4 wFs SUBSTANTIALLY adopted t'r ir"vi-'"h
was ;utjD tor tie ,,.s..g; ~ !rccSsary aud pro-
per laws To carry snn s.aaIni f"*c.S n4 r;i":!.-
The clause wa. passed 10y, n' si!bsr u"!i!i! ~. in'-
s,i,u,nn was reported and Adopted ~ " :HS SiH!ls
think am clearly warraurr therefore, III Sar'nG'
that the Convention merely intended ~ drrIhrr me
q.u.-ci rriu"pl. ut exemption from legal iiGnilS,
and aa; e rs 9:ir - To provide by law proper lie
inirion ~ IT. privileges s. T. "-'"er sanctions l"
enforce i,-an trsl no Drsitai;Gti III -Hys J. ri e
conclusions of the committees III u enaf' lad te
ucnse nre unsustain-d by any authority at law.
Bat Snu,Ecr and equally grave question remains
20 be- dIsri:.>:d. !>t.,.a! :. =,
ILL., # there. !,s been Lre"rii :: n" privileges
ni m. Senate is 1t cunirricE, 10 lie :nh~ =. rrp"i
r-cnk- for it! That, with your lrngc' WI discuss
to-mQ!roW. " 'iN"i>'>''
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Instruct Of R"morLS m"i" IN TIE t'thH"''W f,'m"' !