True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-07-30
]Dolittttal
ASSAULT UPON SENATOR SUMNER
A CRIME AGAINST THE PEOPLE.

Speech of Hon. John A. Bingham, ofI
70 Ohio, in the House Of Representatives,
-mJuy 0, 1866. .'- ..'l SD sos o.
Mr.. BINGHAM. Icannot express my
surprise at the remarks that have fallen
from the gentleman from North Carolina.
lie seems to labor under the impression
that The case before The House is but
d. simple case Of assault and battery, with.
in the jurisdiction Of a Justices court,
mdinvoving almost five-dollar penalty!
The gentleman, sir, by the temper and
language Of his remarks, seems to count
the guarantees of the Constitution as but
dust in The balance when brought in con
tlct with his Overbearlng sectional pre-
judces.
s'a Mr.. Clinglnan. Will the gentleman
allow me to speak single sentence |
wish to say that what | have said, it true,
is what would be said of it at home.
That IS all.
'5 Mr.. Bingham. | trust, sir, that here.
after the gentleman may exemplify by his
practice that rule OF ccnduct which he
prescribes 10 others, and which he thinks
Should be especially observed by The dis
'tingushed Senator from Massachusetts,
Mr.. Sumner lsubmit TO the House that
it'll becomes the gentleman to read lee
lures of propriety here to others, and
straghtway himself indulge in the gross
est and most wanion abuse of an absent
man. should like IL know, sir, who
constituted the gentleman censor upon the
personal appearance, bearing, and cour.
age OF the accomplished Senator from
Massachusetts ? .'' ".' '. ".'
90 The gentleman seems equally at fault
in his estimate Of The great character of
the Senator, Mr.. Sumner, and Of the
issues arising out of that assault upon
him which is now the subject OF inquiry
before The House. He very broadly as
sumes that the peoples representatives
have no distinctive privileges as repre-
sentatives of the people, except during
tile actual session of the House.. Until
the exigency Of this case demanded it,
who ever advanced such an opinion as
that ? The freedom of speech and the
security Of person are upon trial today.
These great rights underie and are es-
sential 10 all representative Government.
Upon their maintenance depends the life
OF the State, and without their observance
there can be no free Constitution and no
free people. aTha the representative
shall not be questioned elsewhere than in
and by the body Of which he is member,
for any speech or debate made in his
official character. is principle coeval
swith the English constitution, and re-
cognized wherever the common law OBJ.
stains as a rule of civil conduct. " a
1.-The gentleman from North Carolina
tells US that this privilege, as stated in
our Constitution, is borrowed "literally
2fromlan English statute," and that the
statute was only intendedtoprotect mem.
rbers of Parliament, from civil liability in
courts Of justice for words spoken in de-
bate. Sir, the gentleman is somewhat al
fault in his reading, touching the history
,of this great privilege. fe r'' e.'.''.
eaj Blackstone tells us that the privilege oI
the English Parliament was principally
established in order to protect its mem
-bers, not only from being molested by
their fellow.subjects, but also from being
oppressed by lhe"power of the Crown
He enumerates the privilege of speecl
and5of person as Of the more notorious o
these privileges. (Volsl, p. 164.) gior
.lol By the statute of William and Mar,
7st.e2, chap. Q, the privilege of speech i
declared to be "one of the liberties o
the people, and ii is further provided
'',,that the freedom OF speech, and debates
and proceedings in Parliament, ought no
to bechnpeaChed Or questionedin any
court or place outof Parliament" And
sir, we are further told that this freedom
aof speech, as also the privilege of th'
person from arrest, are PARTICULAR y'de
.,Inandedaof the King in person by thu
Speaker ofihe House of Commons at th
opening of everyiinew Parliament, ant
-thatTHEsRHMMUNITIEslar are as ancient a
Edward she Confessors Sir, Lventur
the opinion, that TO these iD,muaiies @
the English Commons, ,amore than to an,
sor all Othercauses combined, is attribute a
ble the 1proud. fact in Epgland's history
that lIers House of .Commons, throdE
centuries of conflict and trial, has stoo
forth the asylum Unconstitutional liberty
and firmly and defantly maintained tn
rights Of, The people against the encroach
7mepts-o of tyranny, whether attempted IN
der the rule Of the Plantagepents, III
7TudorsI orhthe Stuarts. 81 so,sd cos $
s}R This gresuprinciph Of the people; sil
the freedompf speech and doba' thei
legislative assemblies, land the oabsolut
immunity Of their representatives fror
youtrage, or insult ormenace,Iin The eS
.cercise thereofVis a privileges as sacred an
as clearly and solemnly Established her