The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-17

breach of its privileges, or for Infamous crimes
committed when the House is not ACTUALLY in
session, but they equally swift to limit and
restrict the constitutional exemption of Sena.
tors and Representatives from question else
where for any speech or debate in either House
of this exemption the minority say:
"Ths provision Of the Constitution was evidently in
tended 10 protect member from such Legal liability they
might cur far words spoken debs
Hou e.. j. can hardly be saPposed that the Constitution
was providing against mode of ioning. which,
Itself with u such provision. would have been NOT
only unauthorized by law but in drect rotation of The
orfnzs"o. tatr of the land"
And the minority say, further:
III members OF ongress this shield and protee
o" which the Constitution gives them, onerous
- . ui'"" t,ein III al ther speech shall be
tOnal duiy."-tP. l6l
la connection with this strange declaration,
the minority tell rs, Eve recognise no privileged
class" In short, they deny the privileges of
The people, IN order to justify their construction
of the Constitution.
By the construction Of the minority, the 5th
add 9th sections LIST article, of the Constitution,
are interpolated, SO as to read thus: each
House may punish, or by a vote of two-thirds
erpei, member for disorderly behaviour COM
United while the House is IN session. and in the
actual discharge Of its constitutional duties ="
and The Senators and Representatives for
any proper and legitimate speech or debate, in
either House, shall not be legally questioned
in any other place for the liability thus incurred;
bnt neither House may punish nor interfere
with any member or person for illegally ques-
tioning, when neither House is actually sitting,
any Senator or Representative for any speech or
debate-provided that the questioning shall be
in direct violation of the criminal law of the
hard."
In other words, by this new version of the
Constitution, this House ia poweress to punish
any Of its members who may choose, within Al
hour after the close of its session of each day,
to question fellow members for words uttered
in debate, by waylaying him, and clubbing him
until he is literally senseless and drenched in
blood. And, sir, if to-day this may be done by
member, and he shall be at large upon his
recognizance entered into before committing
magistrate, he may select other members of
the House as victims for his vengeance an hour
after adjournment tomorrow, and so on each
succe ssive day, until he demonstrates the fact
the mournful, humihating fact-that the peo-
pies constitutional privilege Of immunity from
question in the person of their representatives
for any speech or debate, in either House, is a
mockery and dream; that they have no higher
security against the assaults of whoever chooses,
after adjournment, to arm himself with blud-
geonf for the punishment of the freedom of speech,
than the $500 bond required by justice of
the peace. We are not, sir, reduced to any such
extremity. Every Representative is covered
by the shield of the Constitution from question
elsewhere than in and by the House, for any
speech or debate therein. | cannot assent to
the minority's proposition, as also the PROPOSE
ton of the gentleman from North Carolina that
questioning during recess by any mode of
violence, cannot be punished by the House, and
IS not provided against by the Constitution.
thnr sha haorf tt
ofthe American people will assent to a propo-
siuon SO monstrous and absurd. array against
it the usage and practice of our own and all
free Governments, the opinions of iurists, and
the decisions of our highest judicial tribunal.
The practice and usage. In 1897, William
Blount, United States Senator was expelled
from that body by the vote of every Senator,
one. His offence attempt to seduce
from his duty an American agent among the
Indians, end to ALLEVIATE the confidence of the
Indians from the public authorities of the Uni.
ted States. Justice Story says of this case,
q Commentaries on the Constitution, 299:)
ali a statuis5le offence; it committed
his official character committed during the
ssssion . Congress; The Government
IL therefore be settled by the Senate upon full
that expu-Ion may be for any nisdemeanor
which, though not punishable ty STATUTE nconsis
sni with the trust and duiy Of a senator"
In 1908, the Senate moved for the expulsion
Of John Smith, Ia Senator for his participa-
ton in the supposed reasonable conspiracy of
Burr. This motion Of expulsion failed only by
one vote of receiving the sanction of tw o-thirds
Of the Senate, as required by the Constitution,
for expulsion. And of this case Justice Story
says:
The precise ground Of the failure OF the motion does
not appear hui may be gathered from arguments of
counsel thai did Iio turn any doubt power
OF the Senate extended no, done
IA the presence or view of The body.r-Ibid. 900
Aud, commenting further upon these cases.
that learned Justice says:
The power TO expel member is not in the BRUSH
House OF Commons confined 10 offences committed by
the party as or during the session ofPariameni
bui extends aH where the offence as in
The Judgncni Of The House, units him for parliamentary
duties. ibid. 300 ;OI.
la 1876, Gum and Frelinghuysen being Sen
ators, the first having sent-the second having
borne-a challenge to Baldwin, member Of
this House, for a cause not connected with his
official duty, were, upon the report of Mr.. Mad
ison, held guilty OF violating the privileges of
this House, and required to answer to the
House for the same. In 1895, Robert Randall
attempted 10 corrupt member of this House,
for which he was imprisoned.-(2 Storys Com.
mentaries the Constitution, 3l2) In 1900,
William Duane, for printing libel against the
Senate, was held guilty of a contempt, and By
the order of the Senate imprisoned Did,
3i4.) Blackstone (vol. l, 1861 says:
ITO assault, by violence. member of either House is
high contempt of Parliament, and punished with
the utmost severity. The assault is also punishable in
the courts OF sw by statutes OF Henry w Hen
ry vi"
Justice Story, after asserting this power to
punish contempts to be fully vested in the Con-
gress of the United States, well remarks:
Nor Is this 10 be received in al untavorsbIe
light II Is privilege, not of the members Of either
house but like all other privileges Congress mainly
Intended privilege OF the peopls, for their bene
ht"-t2 Srorys Commentaries the Constitution SO7l
Jefferson, in his Manual, section third, emu
merates the powers and privileges of Congress
over their members, and says that " no further
Law Is necessary, the Constitution being the
law" Rawle, in his work on the Constitution,
says:
Expulsion may, however, be founded on crimina con-
ouc' committed IN anu place and either before or after
CONVICTION IN a court OF law.H-tPp. AZ ~, i5)
de notices and answers the objection urged
here, that this power impairs the right of trial
by jury. If this objection be well taken. what
becomes of the express power given to the SEN
ate in cases of impeachment wherein no trial
by jury takes placer Mr.. Chancellor Kent,
whose luminous intellect has shed clear and
brilliant light over the Jurisprudence of his
country, holds that this power of the House to
punish Its own members and others, for con-
tempt, rests upon the great principle of self.
preservation.-(l Kents Commentaries, 236.l
DE considers that the decision of the Supreme
Court OF the United States, in the case of An
derson rs. Dunn, &c Wheaton, 2O4, 23l, by its
reasoning, as well its absolute authority,
places the power of Congress to punish con.
iemPts and breaches of It's privileges on the
most solid foundation. / briefly notice that
case. Anderson was not a member of the
House, but attempted to bride a member, for
which the House, by its Sergeant at arms, ar
rested him; and for this arrest Anderson