The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-24
NO. 400.

| any case of assault and battery occurring upon
our streets.
1t presents another aspect, and has another
| important feature. The whole country is in
| terested, because the whole country has been
| wronged by the detention of the Senator from
| Massachusetts from his seat. So far as the ae
ton of fractional portion of the Senate is con-
cerned, or can influence the legislation of the
| country, sixty-second part has been, for the
| time being, forcibly driven from the Senate and
| from the service of the country. The Senate
| and the country, to that extent, have suffered.
| The State of Massachusetts, to the extent of
| one-half of her delegation, has suffered the in
vasion of her constitutional rights. Is this no
public wrong to the country? Has it not resulted
| in partial interruption or obstruction of the
legislative functions of the Government, by the
| disabling of one of the members of the Senate
| Is not this a serious offence against the whole
country? 1t is great wrong done to the State
of Massachusetts, in thus silencing the voice of
| one OF her Senators, and lessening her influence
| and constitutional power in the Senate of the
| United States. Do gentlemen say that this is
not public wrong? Infringing the constitu-
! tional rights of a sovereign State, by forcing
the absence OF one of her Senators, is of itself
wrong of sufficient magnitude to demand re.
| dress.
| If a State may in this way be deprived of the
| services Of one of her Senator's she NAV of both
and her voice be hushed in the Senate, and that
| too, at time when questions of vital interest
to her may be discussed, and the fate of young
empires decided. If this mode Of disposing of
obnoxious Senators is approved of, the same
experiment might be made in this House, where
we are so nearly equally divided that the alb
sence of one or two members might decide the
| fate of questions, the discussion of which agi-
| toto tbo ybola nd OF
| der tones of remonstrance which we daily hear
| from the people. The privilege cOntended for
is not right that was designed by the trainers
of the Constitution should inure solely to the
| personal benefit Of the members far from it.
1t was for higher object, and nobler purpose
| the public good, through the protection of the
| peoples representatives.
! The right of free speech is right dear to
every free people, and essential to Liberty itself
Freedom of speech in the Halls of Congress is
the right of the people to be heard through their
representative and if he abuses the privileges
with which he has been clothed by the people
through the Constitution, and perverts them to
a base, unworthy, or selfish purpose, he is re-
sponsible to those who clothed him with this
robe of immunity, and it is for them to call him
to accountability, and disrobe him.
| The people have not invested their Senators
and Representatives with this right, that they
may be elevated above the simple citizen, and
beyond all responsibility to them, their constit-
uents, as the gentleman from Georgia Mr.. COBB
would have us believe; but that they may in.
dependently represent the people, and defend
| their interests, free from the trammels of per-
sonal responsibility to others, for the manner in
which they may see proper to represent the peo-
| pie, and defend their rights. A recognition of
the doctrine of the gentleman from North Car.
IL, NJ 4 L.. T.
the freedom of speech, or it would ill these Halls
with men selected rather for their physical
than their intellectual strength, and who
would be clothed with immunity by nature
Under such circumstances, what would become
of my bold-spoken and manly.spirited friend
from Maine, Mr.. WAsHBURN
The privileges of the House and Senate are
susceptible Of abuse, | admit But who are to
be the judges? The gentleman from North Car
DINA Mr. CLINGMAN would have every one
who may suppose himself to he injured, or his
State vtuperated, to assume to be Judge of his
own case, and of the measure and mode of pun.
ishment. What disinterested tribunal for the
trial of causes, and what remedy ten thou.
sand times worse than the evil which it is pro.
posed to correct! This would take us back un-
told centuries in the worlds history TO mans saw
age state, when the strong arm, possessed by the
bad of heart, clothed the possessor with that i'm
munity WHICH strength ard passion gave, and
the weak were the prey of the strong. Has the
world made no progress? | am happy to say
that it has; and we are now vindicating that
progress by claiming the immunity which
written Constitution guarantees 10 the weak
against violence.
In taking this view Of the subject, / utterly
deny that it ia nothing more than private quar-
rel, with which we have nothing to do as mem
bers OF this House. No member of the House
would defend the abduction and imprisonment
Of one or more members ofthis House. by sthers
to prevent his or their action here This, all
must acknowledge, would hp . gfoss attack upon
the privileges Of the House. Is an attack upon
C aenaior, made with such violence sa to pre-
vent his attendance urea the sitsipgs of the
Senate, less a breach Of privilege than the i'm.
pris0nmeIt Of the Senator during the same
length of timer The personal injury, so far as
the SOnstor is individually concerned, would
doubtless be far less in case of Imprisonment
Suppose that Senator Sumner had been alb
Quoted, and during the time ne has been disa-
oled had been Imprisoned unlawfully, would
Gag one DE so hold aS to say, that If it had been
done hy one or more members of this House,
they would not have been guilty of gross yio.
laton of the privileges of the Senate, and high
offence against this HOUSE and tAe country2
1t strikeg Inc thai we narrow the Wow alto
gether too much, when we look at it rs only af-
feeting the parties III their personal relations
and responsibilities. Had it originated in
private quarrel at some other place, it would
present different aspect; but the alleged of
fence grew out of words spoken IN debate in the
Senate, in the discharge Of what the Senator
from MASSACHUSETTS conceived to be his duty,
and he alone is 10 he the Judge of how he shall
perform his duty, being responsible to his Maker,
TO the Senate, and his State, for the manner in
which he performs it. II we acknowledge the
personal responsibility Of the Senator to Mr.
Brooks, or to any o.sss person, for words spoken
in debate IN relation to South Carolina, or of
any other State, the freedom of speech is made
to depend upon the caprice or the Intolerance Of
those who may differ frclr US, and resolves itself
INTO empty sc1ne-a mere pretence, instead Of
sseaI constitutional right,
Let this be understood TO be the construction
put upon that boasted constitutional privilege,
ana how long will it be before personal violence
VIII be resorted to for every trivial offence, and
blood alone would be considered q sufficient
atonement for real or supposed injuries, and
the Halls of our National Legislature would
hecc1.i,e me theatres upon which would be enact
ed some of the saddest soenes which could be
perpetratod under the influence of the widest
excitements of human passion.
believe that it is owing to th;s wise provia-
ion, guarantying freeaOsa Of speech, that we are
indebted for The usual digni6ed department
Which has, with a rare exception, characterized
the proceedings of Congress. The rights and
interests of the people are involved, and they
demand of us that we shall vindicats and pre-
serve, unimpaired, all those rights aud great
principles conEaea 20 our care and protection,
70; the saort period which they may be ploased
70 intrnat us with them and wa eannn, H..