The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-19


ator who performed the The Senate OF the United
States TO which body the aggreyed member belongs is
coordinate branch Of the national Legislature and repre-
sents in the councils of the nation the dignity and rights
OF the States political communities. This august as
sembly constituent part of the making power of
the federal Government has made OF the assault
TO this House its felowconstuent The question is have
the power 10 redress the injury of which that body
complains, by furnishing the assailant
The constitution, in giving to each house the right to
punish its members for "dsordery behavior wisely leaves
that offence without the restrictive definition which is
applied TO IT. In like IL submits the Of the
punishment to the sound discretion Of the respective houses
when short OF expulsion hat acts do and what do
not amount to dSordfy behavior, the constitution has not
defined IL Is the special and enlightened province Of the
two housea OF Congress to decide that question often
may arise The Senate regards the act disordry be-
haUor within the meaning of the constitution and such
has made Il subject Of complaint.
But IL is argued from the position of the words disor
driy behavior" in the constitution that they simply
disorder IN the violation Of the rules. In order to justify
snch 1t is plain that the language of the
text must be added to ntened Without gloss in
tepoaon the passage is thus written in the constitution
Each house may determine the rules of its proceedngs
punish its members for disordery BEHAVIOR and with the
concurrence Of two-thirds expel member"
The sentence is clearly divsible into three branches
relates to the right Of making rules second the in
dependent right of Furnishing members and the third clause
requires majority OF two-hirds if the punishment pro-
ceeds to the extremity Of expulsion How the second
clause be referred to limited by the first without adsci
ttous words? If the reading be- Each house may
determine the rules Of its proceedings punish i members
asked why did not the cearghted trainers of the instru
ment their meaning by other or supplemental
expressions?
The and the cultivated eye Of the country has
read the differently for than sixty years
Congress has given it the construction conended
for rule has been made for the punishment of
disordery behavior. The words too plain the gram
matca independence Of the different clauses too clear
for the uncertainty of doubt the ambiguity Of cav
Congress- whose practice has been win the
decision of the Supreme Court and the opinions Of profess
siona WRITER'S has each part OF the sentence its
due force and literal construction. If any principle in
public affairs is TO be considered settled If the ebb
and flow of opinion not always to fuctuate with the
ceaseess pillows of party stre if the MAXIM stare deis
be admitted sound in doctrine in these halle OF
legislation surely the constitutional power Of each house
punish its members for dsoreEy behavior should be
garded as finally established.
1t is for this House to say whether it will consistently
maintain ground as a fixed principle on this subject or
abandon it the ruling spirit of the houro the
shifting sands Of political accident and party necessity It
for this House In the early days OF Its existence to
declare whether il will voluntarily limit its jurisdiction
cripple its powers, and so lessen the means Of H..
purity usefulness and honor, to da itself the
right Of acting in the before Will il furnish as
precedent safe ~: flexible rule for the future or
row and imaieabe description Of its faculties alike in
consistent with its high attributes Of power would be
subversive OF the character Of digned national assem-
bly, Will pronounce by its deOSon in this instance,
that dsordTy baror only be committed in the face
OF the House and while in the transaction of its business
| Would 1t not be more prudent and conservative
ruleone more congenal with other parts of the constu
ton as well as It's general fameone suitable 10 the
dignity Of Congress and the honor Of ths aationto de-
clare as an abiding and permanent rule that mscOnduf
may be cenmitted in of the House. done during
the session. The exemption Of members from civil
by the terms Of the constitution coexensve with the
session. and the time prolonged to going from and
returning TO the respective houses That the whole period
OF session forms the only safe limit jurisdiction
over disordery behavior is evident from the con-
tinung nsture Of Legislative body In contemplation of
.w session OF Il two haasss Of Congress Is unnte
rupted BY separate Adjournment until iu fnal
action is terminated by the concurring action Of both In
England, the whole session Of Parliament s considered
but day aud is therefore continuous from the be-
ginning It's close. (See this Lex. Par, G
Inst l. 81, as Blacks. ls6; Bro. Abv Parliament 81 }
therefore the senator engaged in his seat in the
Senate chamber upon temporary Adjournment Of the sit
ting whom he received the assault conceive that ju
rslicton is as complete path Of duty is clear
In arriving at this conclusion dsolam being the cham
pon of any party sectional ISSUE II the assaAnt
any northern member, Of my colleagues from
Pennsylvania should in either case unhesitatngy vote
as sense Of public duty will compel me TO vote on this
casion. While deliberately entertain the opinions Of
northern the subject Of African slavery hold
sympathy with the extreme and attudnaran opinions Of
the assaulted senator and emphacaly condemn the per-
sonaes Of his speech less but certainly more than
those other and previous personalities which provoked them
But however may all regret aud dlsapproye
any do Of the spirit and Of that senator's language
fail 70 perceive In II the least justification or excuse for
blows
It alleged in enuatou Of this resort TO violence
speech in the Senate which full OF personal invective
deliberately written out and printed before ia delivery
but that copies multiplied and circulated by himself
II is further asserted that he attacked the revolutionary
fame Of South Carolina and the character for veracty OF
absent and venerable senator who a kinsman
Of the offender before On the other side IL Is replied
that Massachusetts, her history her legislation, and her
SENATOR had all been the subjects Of previous and repeated
attacks But suppose IL otherwise does the attack
South CAROLINA and absent kinsman justify
personal violence In the Senate chamber The member
Of this House he had calmly reflected would have
that dsparagement and inyectve under such circum-
stances whether historical or personal would inevitably
reco upon speaker who could far forget the dignity
Of the place and the propees Of the occasion 70 indulge
both The tame South Carolina and the repute OF her
absent senator required avenger The offensive parts
O The speech delivered by the senator from Massachusetts,
we're rebuked and replied TO among others By the em
nent senator from Michigan, his personal friend in the
most sutng terms Of reproo before the sitting closed
on which the speech was ended.
But the resentment OF the assailing member was nc'
he sppeased either by the fact that the sne- : 80 -"
Vcs1 that its "Vnpatriotie saG a,,rco,S chsrsr,s,
had been rePrehfne an exposed Nor was IL TO be pa.
0lhso " ~" Of ndlgnity and disgrace. II
sEnt the infection not merely Of an ignomnlous but
sauguinary punishment by succession OF violent blows
with the most vital and unprotected part OF the
senator's person. without any apparent regard 70 the seT
ous II not fatal, results which might ensue.
Members Of Congress assembled here as law makers
When they forget tie high trust with which they In
vested and become merely breakers Of law but COM
breaches Of the peace they exemp not civilized bat
savage liberty Liberals gUidb aeiend they act In prac
teal subservence higher Idp thanihe legal govern
ment Of the land they may properly be said TO be in
subsection TO brute force which instinct Of the ioTe
dW Of nature Nothing but the absolute dominion OF
law however restrictive and distastefu can preserve the
liberties boast since the first lesson OF high civilization
and enlightened freedom II that which teaches implicit and
unquesonng obedience its mandatesthst FIRST lesson
i I. L..