The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-19

in behalf Of the great right Of citizen 10 be protested in
freedom Of speech stand here tody 70 project tns e
SeD well members OF Congress from me asserhon OF
this unauthorized and dangerous power To-day be gen
teman from South Carolina Is arragned under this oe
tTine i may Be you o. Or any other h9. man
any and every citizen in this land may be drawn at the
bar Of this House and there TOLD iou have violated
privilege which had its existence In my Intellect though
unknown 10 ths country have the power TO ne and
prison and all powers incident 10 the exercise OF the
same power by the counts OF justice IN cases OF contempt
am not prepared TO subscribe 10 any such doctrines do
not believe the public mind in this country viii sustain
any such doctrine.
But Sir in addition to that wa3t 10 know why 1t IS
that resort be had 10 this power OF
privilege for the protection members Of Congress- The
same law which protects your constituents protects you
Here is the constitution i gives you certain % e,1
certain privileges. Why do you desire 10 60 beyond
Do you desire TO be protected in your deliberations DO
you desire to be protected in the discharge your repre-
sentative dutiesY You have ample power and authority
shall endeayor 10 show. u your rights, as inaiVdn-
ais violated outside of this hall ana not ID the as
charge OF your representative duties your protection ID
the same law protects your constituents sou upon
the floor Of this Congress violate all the rules Of proRiey
nd ns y a snss % and
individual and assaiing his personal honor you nave
constituent who does the same thing without the walls
both of you may be assaed for this violence and outrage
upon the rights Of third person. upon his feelings upon
his reputation and upon his character say, sir that
when you have left the hall OF this debeanon you and
that you not amply protected without resorung to
these privileges ask you your constituent pfoieciedF
Do you desire this ground upon which we stand 70 be
made more sacred for your footsteps for those OF the
humblest citizen Of the and2 is there to be one law Tor
the protection Of members OF Congress- and another law
for the protection of the citizens OF the land2 Ny consu-
ent walks with upon Pennsy lvania avenues he has
done the public avenue what have done on the moor
of Congress- have wronged neighbor; have violated
his reputation; have committed outrage his char
acr NV constituent has done the same thing we meet
the man that have mutually outraged upon the street
or anywhere else he calls to account say TO my con
stuent @You must look the law TO protect you but
around is the panopy of congressional privilege am
better than you; am member OF Congress am
not responsbe as Won are stand higher ground than
YOU" say 10 assailed party HDo not come near me-
seek your revenge and your satisfaction out OF that
humble man WHO enjoys not the honors ana " 9,
stand The Judgment OF the country VIII pronounce
against it and your constituent will say to you, The
that is sufficient and simple for my protecton Ii SUM
eient and ample for yours"
he says this House has no power. ! say II mas power
and ample power You have exercised II IN part You
have already declared by the rules of your House. that
member violates rules and is called to order the
House may him for it You have given power TO
The Speaker TO clear these galleries you have given power
to the Speaker preserve order here; and, member
violates certain rules Of order you have Claimed e power
10 censure him.
Now let us see whether not it is necessary to resort TO
this doctrine privilege in order TO protect this body ID
its deliberations Here is the constitution IL declares tne
duties OF the Senate and the House. IL gives TO each
house the power pass rules for its own government
pass all need4a res and regulations Tor carrying
out the powers granted in the constitution Now, n that
ask for and ali that contend for is this Where the
constitution prescribes your privileges and your rights
clearly distinctly, and unefuivocay, Legislation fuay
not be necessary but wherever there exists nsces-
sy for the exercise OF any power the part OF either
house provide for the discharge OF It's representative
duties and TO carry on its deliberations ana IN 50 aoing
may become necessary punish either members of the
House individuals who not members Of the House
for protection Of these rights then your duty is point
ed out by rule of conduct which points out the
duyo of
End upon the statutebook You want TO accomplish an
objec-the preservation Of good order and the proec,
ttion Of this body in its deliberations from insiders and
from outsiders Why pass a law prescribing that IN
any member OF the House violates the good or
der Of the House If individual in the country comes
here and disturbs the deliberations Of this body he
shall be liable TO be punished therefor CANNOT II oe
| done9 ask you again, how do the courts protect
! themselves BY law How all our institutions
proectedg By law On each returning Sabbath the
pie OF this country throughout the length and breadth
OF the land assemble together in their various places o
public worship for the purpose of engaging IN their re-
iicous exercises This sacred duty Is be performed
Does the law leave them at the mercy Of the oer and OF
the volaor Of the public peace know not how tne law
may other States Of this Union but say for my own
State she is there with her law which she throws
around the citizens engaged in this holy and sacred duty
and protects them in it. Il is apprebend throughout
the land Are Won more sacred either person in heart
in intellect? Why is that your constituents can be
protected by law but you unwilling 70 allow your pro
tecton upon law2 When you ask therefore for
remedy say, pass your law; declare what shall be
violation Of the privileges Of the House or Of i members
let be confined to the granted by tbe con
sution do 70 beyond that IL may properly be by
passed by both houses Of Congress- may be 6y
Joint rules Some Of these provisions may be made by the
rules Of your House But pass the law pass the
rules do violate that great principle which the per
sonal right Of the citizen ressthat post taco law
shall be passed. DO not look at the offence commit
1 ted, and then, drawing from unknown source,
impose upon the offender punishment OF which he
has had notice Let there then, be no further appeal
Of this character The remedy Is plain, simple and an
easy here the powers Of the House. given to by
the constitution Of the country Exercise that power IN
the passage of the necessary laws for protection But
the Constitution Of the country was cautious guarding
the exercise Of power the part of Congress- limiting and
restricting it. Onr fathers unwilling 20 inrust 10
this government any wide and unlimited discretion. And
vet told that while they threw all these guards around
the general power Of Congresswhile they unwilling
70 leave intrust both houses Of Congress acting
mutual checks each other with the President and veto
power acting check upon bothwhie they will
Ing say intrust discretionary power 10 all these differ
departments acting together yet sti these fathers of
have presented here to-day into the hands Of the two
houses Of Congress.
/ But my time is rapidly passing and must hasten on
with the argument On this question OF privilege let
what the majority Of this committee
ryng that power. In addition the resolution for the
expulsion Of the gentleman from South Carolina Mr..
BRooKs is proposed also to punish by another
gentleman from South Carolina Mr. KKirT and from
\ Virginia Mr. BDKuEDsoSl Under what power Where
is your authority You need point 10 the provision Of
the constitution under which the power caied eKpe
the gentleman from South Carolina Whore il the power
TO punish Mr. KErT and Mr. EpMrspsoS7 They have
guilty OF dlsordery behavior Ia s unnecessary
20 examine the testimony for the majority Of the commit
tee themselves have announced 10 this House that these