The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-23
SPEECH IF HON. JAMES A. STEWART,

On the report of the committee the alleged assault OF the
Hon. PREsTos S BRooKs on the Hon CHARLES SUMNER OF
the Senate delivered in the House of Representatives
July H. 1856.
Mr. STEWART Mr.. Speaker, this question has been so
fully argued by gentlemen Of the House. who have taken
different sides it. that the fifteen minutes allotted each
member under the resolution lately adopted will be SUM-
Gent for the purpose which have In rising shall make
but few suggestions We confined and necessarily So
to provisions OF the constitution OF the United States
1t be guide; and here take occasion TO say
that in question of this kind matter whether the de-
cision affects friends foes feel bound by the obligations
which have assumed TO pursue such course as conceive
right and proper under the constitution That provides
that
"Esch house may determine the rules Of its Proceeding
punish members for disordery behavior and with the
concurrence Of two thirds, expel member"
That is the law prescribing power and it is certain
y as obligatory If the legislative department Of
the government under had enacted law to the same
effect The only question is whether the definition OF the
Carolina is not on trial the Preparation Of any crime
II that were the case then different tribunal must be
sorted to, for the constitution says:
That the trial of all crimes, except in impssch
men shall by jury and such trial shall be held in the
State where the said shall have been committed
but when not within any State, the trial shall be
directed
He is arragned for the commission Of any crime
no. sir he before for trial under the clause Of the
sttuon which first verified The clause that an thor
yes US determine the rules Of proceedings punish
members for dsordery behavior and, with the concur
of twothrds eIpe member gives this House siu-
liar power in regard to control Its members that II
possesses in reference other persons violating its integrity
disturbing its regular action. For the sepreservaon
Of the House. to enable IL TO transact lis business without
the constitutional clause would necessarily have the
power extent TO protect ourselves and our priv
leges legislative body So far power by anal
ogy, concerned matters Of mere contempt have
legislative declaration to which will refer the House IL
Is be found in the OF Congress passed in chapter
SO. This act provides In It's FIRST section:
Of Of
to issue attachments and nct summary punishment for
court shall not be construed 10 extend cases
the mbehavior o in the
the said courts thereto To obstrnct the
administration OF justice the misbehavor OF any Of Off
OF the said In their official transactions and the
dsobedence resistance by officer Of the said courts
party JUROR witness other person or persons 70
lawful writ process order rule decree, or command OF the
said courts" &c.
The second section has additional provisions 10 other
affecting proceedings Of the courts &c 80 far
that act furnishes legislative explanation, may find that
this House possesses similar TO protect itself BY
summary process IN Of contempt &c As to the CON-
plant before the House Dow the ground cannot be taken
that contempt has been committed as SUCH but that the
power necessary itself from disturbing action
the part OF It's members This specific authority
necessary in reference TO its members though
in regard to Others for the power already existed relative
10 others than members hold then that IL s competent
for this House exercise jurisdiction its members II
may punish its members in its discretion, within the
stitutiona limitations That punishment may go to the
Of expulsion If the power did not exist how would
the Bouse dispose of where member Is convicted
before the cour Of high crime and sentenced be pun
sbed by confinement In prison Would IL have the power
purge itself Of such nembsr3 Under the constitution
member is tried and convicted OF a.hgh crime, the
House has the power to expe him apprehend Butt has
the power try him for the crime He Is TO be tried
another forum. Suppose member comes into this
House with contagious disease-how would the House
dispose of Of that sort II he would not depart
Has II the power protect self2 ID certainly has
Cases manifold in which the House ought exercise
the power conferred on IL by the constitution.
But try this its merits admit all the facts al
legedis there anything TO justify this House in reorng
TO the highest punishment infct2 The matter
from the Senate; have had committee to
investigate IT, and Il appears that the speech of Senator
SUMNER lie made part Of Its report IL Is relied by the
gentleman from South Carolina in his defence furnish
log proyocaiion; but We have control Senator
IL believe him have been the apgressor7 Is the
speech sufficient provocauon lido not understand that
the conduct Of Mr. BRooKs Ia be absolutely or necos-
sarly justified it may be excused in seEdefence
may be obliged 10 destroy his eowmsn. The act may
not be commended; IL is excused. II Is misfortune
No punishment us6ably be inflicted In such case
IL lie misfortune under which the gentleman from South
Carolina abors Here speech OF Mr.. SUMNER, vio-
atng decorum and the fair privileges OF debate and TO
the gentleman from South Carona offensive particu-
larry unjust his aged friend bis gallant State and TO
himself and he felt himself called upon rebuke such
language, and now sir called upon 10 say what
shall be his punishment for this We are told that the
Senate which has refused member Of lie own
body for what this Housemsy consider gross breach of
privilege having control over our members has sen
down this complaint With great respect for that body
say let them set example their own members