The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-04


member cannot be questioned respecting il elsewhere vel
he publishes his speech and i contains beous matter
he is liable TO action and prosecution therefor as In
common cases OF libel.
Aud the same principles seem applicable to the priyi
lege Of debate and speech in Congress No ought 10
have a right 10 deame others under color Of perform
ance Of the duties of his Office And IL he does SO In ths
actual discharge of his duties IN Congress that shss
why he should be enabled through the medium
of the press 10 destroy the reputation andinvade the peace
of other citizens 1t Is neither within the scope Of his pub
lie duty in furtheance OF public rights or public
policy. Every citizen has good right 10 be protected
by the laws from malignant scandal and false charges and
deamatory imputatons member of Congress has 10
utter them in his seat If otherwise mans chaTa
ter might be taken away, without the possibility of
dress either by the malice indscreon overweenng
selfeonceit of member OF Congress IL ID proper how.
ever apprze the learned reader that ID has recently bA
denied in Congress by very distinguished lawyers that The
privilege of speech and debate in Congress does not ca
tend publication of his speech And they ground them
selves upon very important distinction arising from the
actual differences between English and American egisa
ton In the former the publication Of the debates
strictly lawful except by license OF the House, in the lat
ter it common right exercised and supported by The
direct encouragement OF the body. This reasoRng de-
serves a very attentive examination"
The suggestion of the differences between English and
American legislation this subject alluded to by the
learned in the closing paragraph of the tore
going extract does not strike minds with the same
force that it did his and pass from the further
sderaon of this branch Of the subject without giving this
distinction that attentive examination winch he has in
yoked for il.
1t unnecessary however, for to have considered
this branch Of the argument know of no authority
derived either from the law the rules OF Congress
from that uncertain Of power parliamentary
law which requires the House of Representatives to take
upon itself the duty OF preserving and protecting members
OF the other branch of Congress in the exercise of their
privilege.
Each house must guard It's own privileges and the priv
leges ofs own members except so far as both may unite
in the passage Of laws joint rules for the declaration and
protection OF those privileges Although we have been
able to acquesce in the principles of all the preeeden
which to be found in the history of Congress yet we
find in rhof
the subject assa any of those precedens have
gone to the extent claimedof one house assuming
jurisdiction the privileges Of the other for the purpose
of aflording protection to them.
The only provision of the constitution under which the
power be exercised which the majority of
mtee have relied, is the already quoted, which de-
care that teach house may determine the rules its pro-
ceedngs punish its members for disorderly behavior and
with the concurrence of two-thirds, expe member"
1t is question which has been much discussed and
which it is important to decide correctly To what extent
is the power given the houses by this provision of
the constitution to punish their members? Taking the
whole paragraph in Its connected sense it seems to that
il has reference the House while in session in the
discharge OF its constitutional duties. The power of pro-
vidng rules for its proceedings it will be seen coupled
in the sentence with the power to punish its members
for dsordery behavior and the power with the
renee of wohirds, to expei MEMBER. If had been
contemplated that the powers conferred in this provision
were be exercised the extent claimed for them they
Would hardly have been placed in such Intimate connection
with the simple power OF providing rules for the proceed
ings of tue two houses entertain no doubt that The
whole of this provision looks to the session of the House
to the providing of rules for its proceedings during its
session, puushng its members for such dsordery
duct would interrupt its session. and, where that
duct amounted to such outrage upon the rules and pro-
ber -.-
To place any other construction upon this provision
would be make the members of each house. and their
moral conduct and department subject TO the whim,
caprice and discretion Of majority of the body Extend
the presence of the session of the house and
becomes unlimited power operative not only during
the session Of Congress but during the TO I've
cse5 only in reference 10 the conduct OF members when
in Washington city in the District Of Columbia but
when they have returned to their respective homes and
when they have gone beyond the limits of the
try When You have passed the limits which here laid
down there other boundary short OF congressional
discretion. And cannot believe that it the inn
ton of the trainers Of the constitution to place the moral
conduct and department Of members OF the two houses
of Congress under the control and discretion of majority
Of either house
No one can foresee to what results such discretion
would lead Why should such power have been vested in
the houses OF Congress What object could have
been contemplated by the trainers of the constitution
We understand very readily the proprety OF granting
10 each house the right TO punish its members for dsor
deity behavior during The sessions of the House for this
there absolute necessity But when go beyond
the session of the House. beyond the session of Con
gress we can see why either house should take
IL upon itself review the conduct ofis members and sit
Ia Judgment upon that conduct Such unlimited power
would not have been conferred by the wise WIN
framed our constitution in such vague and indefinite Ian
guage.
Entertaining these opinions hold that there has been
violation this of the privileges of either house Of
Congress any member thereof which this House
has any jurisdiction Whatever offence may have been
committed properly coguDbe before the courts OF the
country and propose to dismiss the subject to that p
risdction provided by the constitution and laws Of the
country for its investigation. We hold il would be i'm
proper for the House express any opinion upon The facts
and we have purposey avoided doing The case will
undergo judicial investigation, and that investigation
should not be affected by any opinion which we may enter
tain either individually collectively. Indeed would
that the constitution 10 exenptng this cass Of cases
10 Yf
contemplated the improperly Of any action on our part
reference TO them The House ought not to desire to 10
uence by any expression of theirs the judicial tribunal
which Is TO pass upon the fact, aud having jurdio
tion the matter, should in our Judgment remain
silent
the constitution this subject that do not differ from
the majority Of the committee upon the fact that the two
houses should have the power TO protect themselves ID
their deliberations and ia the discharge OF all their constr
tutioua duties. We differ TO the from which
that power Is derived, and the mode in which 1t Is TO be
exercised Those who claim for Congress these peculiar
privileges look parliamentary law British precedent
and the necessity of the for their authority We on
the contrary look the constitution Of the cosntry Tor
the authority and TO the laws passed in pursuance Thereof
for the mode and manner Of it's enforcement and ~ b io
the House say whether IL viii rest It's claim to privileges
upon the the other Of these Of power Hold
ing do that neither house has any privileges except
those which written and declared either In the consul
tuition some law rule passed in pursuance thereof ana
that the facts developed by the evidence show no violation
Of any such written and recognised privileges, we recon-
/ mend the adoption Of the following
/ RESOLUTION
Re,oved That this House has jurisdiction over the a.;
FAULT alleged 10 have been committed by the Hon. Preston )
Of House the State OF South