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

that he was implicated in this transaction He did not
dream Of il Leaniss that myself did not until the re-
port submitted to for action for whenever We
thought that any neulpated called upon him
by resolution 10 come forward and respond.
But what is Mr. EDMUsDsoss offence for which this
House Is punish him sMr EDAUsDSoE had been INFORM
ed by Mr. BRooKs that be intended call Mr. SUMNER to a
count and did not communicate H. says the report Ihs
communicated 70 him in private confidence ana y
breach Of the privileges of this House for member not
to violate private confidence You may turn II and twist
it every form and shape in which you can present 1t TO
the human mind but the plau English OF u - that any
man receive communication from another in confidence
and private friendship il is his duty to become public in
former know that the majority OF that committee viii
not Justify this doctrine know they viii not consent to
this construction Of their report but yet there mode
of relief from it, If they could see IL as see u they would
condemn it condemn it But you read 1t in any
other lightf Can you pass Judgment upon It in any
| regret Mr.. Speaker that my time is running out
rapidly for desired to discuss particularly before the
House that provision of the constitution under which
this power to expel ID claimed and exercised can only
refer 70 it and claim the privilege Of publishing my views
upon IT. ~
nRs.n Ia direct with that the proyiB
ion to punish members for disordsrly behayorwha dis
orderly behayor2 DisorderIy behavior in violation Of
the rules OF the Houseand requiring you TO prescribe
by rules for order and Tor the punishment oil the vio-
lation OF order.
And again if gentlemen are guilty Of dsorderIy be-
haslor in violation Of the rule in violation Of joint
rule in violation OF statute, then your power be
exercised TO punish him for that dsordery behavior You
can, with the of wohirds OF the House.
pei him. But the majority Of the committee say each
house may determine its rules and punish its members
and that provision requires no law out Let
attempt to illustrate this doctrine Congress has various
powers and will refer to only Congress has power
TO define and punish piraces and elonies committed
there Stopped, without having provided punishment for
it could you punish man for the crime without pre-
scrbng in advance what would be the punishment for the
crime Of piracy And yet the power given to Congress
punish its meu1ers This principle is in protection
of that great right which have already dscussedtha
citizen Of this country shall be subjected to any pun
ishmenf unless it be for violation of known law
The construction which have placed upon this provs
ion of the constitution protects the House and its members
in the enjoyment of all their rights and privileges and at
the time violates of those great principles incor
porated into the constitution for the protection of the per-
sonal rights of the citizen You have the power adopt
rules for the government Of the House, and any member
is guilty of dsordery behavior in the violation of those
rules you provide for his punishment and should the
dsordery conduct require it, you provide for his
puson This construction in harmony with the whole
and spirit Of the constitution. 1t usfes post
Jaet0 law grants power to punish without authority
Of previously laws it impartial action
aud protects US all from the unjust Judgment which pas
sion and prejudice by law-might impose.
The deliberations of Congress not more liable to in
terrupon and disturbance than the proceedings of
court BY the act of 1851, which have already quoted
have provided against the exercise by the courts OF
these dangerous powers claimed for Congress Let
apply the same just rule of action for our OWN
nent Let declare in advance W our rules what shall
constitute violation Of Them and what punishment shall
oe inflicted for IT and necessary, provide in the act
referred TO- for the trial and punishment by the courts of
the country Of hoseether members or outsiders-vho
may be gIy Of ouch interference with deliberations
rs shalf~denand such punishment have not the
power TO nct Ist better to do this than to weaken
those which the constitution has established for
the protection of every American citizen
| have Mr. Speaker in this discussion concerned NV
argument TO the principles which have sought main
tain in the report made by the minority and for which
have asked the Judgment of the House in the amendment
offered to the resolutions of the majority have abstaiped
from discussion of the facts of case as inconsistent
with our position and duty Those who may APP
proPrate this discussion to party and sectional pur
poses exhibit thereby their unfness for the high duty
posed upon them and deserve the
ton of all just and fair-mnded Such effort IL
made, will prove signal failure The calm Judgment Of
countrymen will rebuke and condemn II the
present excitement shall have passed away and begin
TO look upon this transaction In The light of reason una
fected by passion and prejudice Whatever Judgment this
House may pass under the circumstances which at
present surround In the exercise of powers dele
gated, in my judgment by the constitution, doubt
that upon more mature and unimpassoned consdera-
ton oil the argument shall have the Of
who now yield their better Judgment to the demands
popular clamor
the public sentiment Of this country cannot and will
not sustain any proceeding based upon the enforcement
post JdO laws will II sanction the idea now claimed
by the opposition that under the authority given TO bis
House 10 punish its members for disordery behavior
invested with the power of arragHng our members
and furnishing them for what may deem disodery be-
hayior matter where whom II occurs that we can
follow fellow members to their respective homes watch
their department. and hold them responsible To us for their
good conduct and all this TO be done under authority
given in the constitution for the obvious purpose of Sc
curing order and protection In legislative debera-
tons and which should therefore be exercised alone In
reference to the conduct Of members in the presence of the
House Time will not admit Of q elaborate consd-
Grafton Of the subject but submit these views in the full
confidence Of their correctness and that they will sooner
or later receive the approving Judgment of the country