The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-28


change the government You can have right to enjoy
the benefits and protection OF that government and then
refuse perform the conditions upon which those adyant
ages extended 10 you.
Now sir be an individual who is this unhappy case
there is nothing left for him but expatriae himself
once else make up his mind the penalties of the
violated law. So, too If State finds itself unable from
conscientious scrupes to discharge its written obligations
and perform the conditions upon which the Union was
formed there is nothing left 10 il bat 10 leave that Union
IL cannot be right TO treat the binding in all
that is beneficial to yourself and void and invalid far
you have promised TO discharge certain duties towards
others Is she not bound either say "We will carry
the whole instrument will perform our part af the
consideration = else "0ur conscience iorbds TO re-
main in the family of States with you long a.
this provision is in your constitutions 10 which object
and against which we have scruplesP
say Massachusetts cannot justify herself in resisting Che
obligations OF this law, and claiming the time all
the benefits both general and special which the constitu
tion eoniers upon her There is probably State in
this Union which has derived much benefit from ii
the State of Massachusetts. The navigating and uanufao
turing interests which have given her the wealth
of which she boasts have been the special Of e
ation and of protection. While she enjoys all these IL
she not bound make effort in wav TO carry
ont the reciprocal duty which the constitution imposes
upon her?
Then, Mr. President If the claim which she has 10 h,
heard than all the residue Of the States togsner
does not rest upon her superior fidelity 10 the Obligations
OF the constitution and the law upon what does il resi-
Does IL reposa upon the peculiar camnes of the iudicI
temperament which she brings 10 the task deciding upon
this delicate case3 She begins her resolutions with rail,
ing accusation against the offender;
with all eorts OF epithets and then ends hy pronouncinp
Judgment before he has bee~ neara or before trial baa
peen had by the tent and proper authorities This
Juugnsn' sh" ronoancas upon The ground that in this
ease r haa been breach OF the privileges of the Sonata
nm willing to admit that for that opinion she has prob
ably the SANCTION the first appeared in the papes
OF some OF the old pecedents of the two houses Of Con
gress, and that also she has the authority of written "a
port on this very which passed the Sonata sbor
time since have right speak of that repor because
for one, acquiesced in it, AT the time beievea that
WIS rlgh and nropfr, and only =, ii,
yesgaton that came 10 the conc ,sion thai we ere
claiming In fact privilege whi.n aid not eyiat Sir
30 not believe that so far Uc were concerned Il was
breach OF privilege elieye there was neither precedent
nor authority for us send message to the Houae OF
en the subject and take the position OF
ane of p.e courts alone and upon that point beg the
seaa'e for a few moments to give their attention
suppose this had heen the case not Of member Of The
touse OF Representatives but of citizen OF the Die
trict who had made the assault upon q senator say n
il We're, think show that you cond do nothing
with him and would have no power 10 punish him, bu
that the sole power which exists is 10 the oour and thai
there senator has the protection which every other c
zen poasessesa protection ample and full an nlepend-
ent tribunal Judge the case fully armed with jurisdiction
and powers for the and for the occasion bnt beyond
that do not believe the Senate could have punished
individual for which took place when il was
not in session, and not within its view.
III were called upon dsembaassed OF The prccedents
which have been quoted give, pror theory of priv
uegp rs it might be derived from the constitution should
say that the constitution itself had defined special priv
eges which it designed give 10 members of Congress
10 the rst place it provided that member should bo
held answerbe elsewhere for words spoken in debate
that Ia that he should not be held answerabe nader any
legal prosecution for words spoken in debate because Il
meant that 10 not 10 he questioned ALL he would be
exempted from criticism W the press or by public speak
before popular assemblies for the very which
assigned to protect him against other assaults upon
count OF his speech for such criticism would be
likely 70 deter from the open expression Of their op
Ions than any fears of personal violence Unless then you
restrict this grant Of privilege have done Il must be
carried 10 length utterly inconsistent with the spirit OF
the constitution.
The other special privilege which Il provided fer him
was that he should be exempted from arrest except in
paRe OF treason felony breach of the peace Here again.
privilege which Is TO be executed not through either
Is TO be remembered that the history OF the formation Of
this constitution shows that the convention refused u per
nit eIch house 10 be the judge Of its privileges.
proposition made G. Madison paper, 1869 that
each house shall be the Judge Of IL own pryilege0
and shall have authority 10 punish by imprisonment
every person violating the same, who In the place
where the Legislature may be sitting and during the time
OF its session. shall threaten any OF its members for any
thing said done in the house who shall assault any
Of them therefor; who shall assault arrest any Wit
ness other person. ordered TO attend either OF the houses
In his way going returning; who shall any
iccted (fbd l493) who distinguished between the
power OF Judging OF privileges previously aud duly esta
iished and the effect Of the motion which would give 70
each house discretion TO the extent Of It's privi-
lege He suggested that Il would be better to make pro-
vision for ascertauing by d the privileges OF each house
than to allow each house 10 decide for itself" The sense
tue was against lhis PROVISION, ana lheEo
privileges in my opinion for the most part defined.
The constitution has said what should be the privileges oi
senator's and representatives and they privileges which
can he plead and used in courts Of law alone
Suppose an ohicer were TO arrest who pIiv-
legged by the constitution from The remedy against
bin would be that the thus arrested could plead that
privilege in order TO be released and he could the OH
for false imprisonment but could this house take up
The officer and punish him Surely The constitution
itself provides that shall be punished either In
lie, liberty property, except by due process Of law
The theory Of constitution Is Of law and Of equal
rights and when any Is endowed WITH special priv
ilege IL Is designated and specially given II anything
could he implied beyond this Il would be in regard the
privileges Of the two honses themselves in their corporate
capacity. In Dunns (6 Whecler IL has been decided
that each house may claim such privileges upon the mp-
and 10 preserve the functions which given them.
This admission Il is said puta end 10 the argument that
the privilege Of Congress defined ~ the constitution
Not a ALL There is Law Of nature which prscedcs that
Of man. and that II the right Of selfpresepvann which
PERTAINS 70 all bodies artificial rs well "a natural
Now II this implied power exists until protection Is s
forded by law what s is esentf Tho supreme Court
has said in regard 10 the extent of the power punish In
such cases that t the least possible power adequate
the proposed end The may be said o. the priv
ilego thus 70 e claimed, which, Il me would
limit either house what might be necessary 70 prevents
intrusion conlempts within It's presence and within in
view Beyond that nothing be claimed for Il by
way Of mplioaton and doubt these cases not such
might be better provided for by law than by the
else Of arbitrary discretion the part oC the two housea
Of Congress
Mr. President so far have been speaking only Of sh
privileges Of members Of either honse or the housca
themselves Ia regard others tha1 their own members
In relation 10 their own members each house has ascre-
u = q =