True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-07-30
q, Raglan, Editor and Proprietor,


that is incorporated in our Constitution,
which provides that the Senators and
shall, in all cases except
treason. felony, and breach of the peace,
be privileged from arrest during their at
tendance at the session of their respec-
tive Houses, and in going 10 and return
ing from the same and for any speech or
debate in either House they shall not be
questioned in any other place. (Consti-
tuition of the United States, art. l, sec. g.
Although our Constitution does not, in
the words of the English statute, declare
these privileges 10 be "of the liberties of
the people" it has always been so un..
derstood /; and Mr.. Justice Story, in his
Commentaries on the Constitution, I'd
vol. s47, says of these rights and privi-
leges of the members OF each House,
they "are in truth the rights and privi-
leges of their constituents, and for their
benefit and security"
Happily yoa, Mr.. Speaker, have no
occasion, upon the opening of Congress,
like the Speaker Of the British Commons,
to make demand of king that the peo-
Pies representatives shall enjoy, unmo-
Tested and unquestioned, these great and
essential rights of a free commonwealth.
These rights are declared by the Consti-
tuition and as pledge for. their obser-
vance you demand and receive of every
member Of this House solemn oath, by
which he swears, in the presence of his
Maker, Chat he will support The Con-
stitution Of the United States that
Constitution which provides that, during
their attendance upon the session Of Con-
gress, MOI during its actual settings mere
ly, but during its entire session, and in
going to and returning from The same, the
Representatives and Senators F" shall IN
all cases, ercept treason, felony, ana
breach of the peace" be exempt from
arrest, even by the strong arm of the
law I; that they shall not be questioned
in any other place, or by any other body
than their respective Houses, for any
speech or deb ate therein I; and that "THr
RIGHT OF THE PEOPLE" of all the people
whether Senator, Representative, or con
stituent, ."To DE SECURE IN THEIR PER
SONS, SHALL NOT BE VIOLATED" (COn
stiution of United States, art. |, sec. 6
and Amendments, art. a.. 9 .......
That, sir, was the pledge which yol
demanded and received of every membe
of the House, his oath, his solemn oath
that he would not himself, nor shoulc
others, so far as he could prevent it, out
rage or restrict by menace or violenc,
these great rights Of free speech and per
sonal security. But, sir, these provision
of the Constitution, and this solemn oatl
which you have administered, are but
solemn mockery if the freedom of speecl
and debate here or in the Senate Cham
ber are to be silenced by the bludgeon
and the offender to defy the power Of thi
House and of The Senate to restrain 0
punish his atrocious crime. ....... F..
Mr.. Speaker, whenever or wherever
within the United States, any person as
saulls and beats any member of eilhe
House of Congress as a punishment 10
words spoken here in debate, such perso
by this lawless act clearly commits tw
distinct offenses, and becomes liable I
: answer therefor to two distinct tribunal.
First. the person thus offending is guilt
of an assault and battery, for which he
liable TO answer to the courts of Justice
and second, he is guilty Of a contempt {
that House to which the member thus as
saulted belongs, a crime against the libel
; ~ Of the people, violation of their gre;
, right of freedom Of speech in the perso
, Of their Representative, for which tn
offender must answer to the House who's
m, mber he has assailed unless, indeed
the assailant be himself member {
: either House, in which event the Hous
toewhch he belongs may punish the cor
tempt and vindicate the violated naiest
! Of the people. This crime against III
, people, as distinct from the crime againl
T The person injured, is not cognizable {
: punishable, as our law now is, in an
earthly tribunal but the House or Senat,
In The case before us, The Senate hf
8 declined to punish the guilty party, 0
: account Of his privilege as a member {
8 this House; but the Senate has complain
Q ed and reported to this House that tn
q member from South Carolina has, in Il
s Senate Chamber, assaulted and beate
9 the Hon. Charlas Sumner, Senator froI
If Massachusetts,, and has thereby T" con
mitted breach Of the privileges OF th'
: body and that the power to arrest, tr,
:, and punish him for this offense devolve
! on this House" That, sir, is the Judge
q ment Of the Senate. This assault, ther,
:, fore, upon the peoples privilege-th
9 crime which touches the nations life
! must be punished here, If anywher
: fThat the member is guilty Of d erin
Q against the people, as distinct from IL
crime against the person Of The Senat
!, from Massachusetts, viii scarcely |
7 questioned. Rawle, in his Commenta
Q upon the Constitution says: 9'soea9 &
n 'o0sItis asmaxims in the practical app
!. cation of government, that the publ
d fIInclionaries should be supported ia II
o free exercise Of the powers fntrusteds