Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1856-07-22
sum ncr Assault.

In the discussion upon the r-soiti'
lions to expel Preston s. Brooks from
the House Of Representatives,. Hon.
T. L. Cling,nan Of North Carolina, de
hvered one ofthc bes, speeches we have
read upon the subject since the oec"s oh
Of the assault.
His argument wa, cogcnt, and Illus
tratsd with facts fos,ifying disposition.
He opposed the expulsion Of Brooks
on the ground that the assault, though
clearly an indietable otionse, was 10
breach Of the privilege Of the Senate,
a the Senate was not in session at the
time, neither was j, a breach Of the
privilege Of the Senator, who cannot
be called to accouut"ior words SPOKEN
in debate" because the attack was for
the PUBLICATION of the speech and not
for its delivery in the Senate, a. Brooks
prefaced the attack by saying Il have
READ your speech with great care dc. y
showing that it was the publication
which gave the offence. Now, mem
bers Of Congress may speak In definite
with impunity, BAT if they PULLS" h.
bellous matter, they arc not serren"'i
BY the Constitution FROM responsibility
The ayc let..ly Halle 3. - i.F,.."'
and scanda!ous matter ruhi!shc. Is
them, as other men hrc. but not :oI
words merely spoken IN debate.
When Sumner was assaulted he was
in the Senate Chamber ranking priv atc
copies Of that same offensive speech.
Mr.. Clingman fortified his argument.
by the following quotation from thai
distinguished American philosopher
Benjamin Franklin, IS follows
"But ! have been AZ los' 10 imagine
any that may moi be construed an infringe
ment Of the sacred liberty If the press
Al length, however, think | have found
one thar, instead of diminishing general lib
erty, shall augment it which ishy rest J.
ring to the people species OF liberty, OF
which they have been deprived bv ou'
Daws--I mean the liberty If the cudge'.--
In the rude state of society prior 10 the ex
i<ier CO OF laws, ii one man gave auo;h
g. III language, tie afof'et person would
: h... kAS ~pi -
pea.ed. by a good drubbiuc ;lni this offend
Ing against aay law. But now TIE right OF
making such return IS ieniel, and they art
punished az breaches If the peace, whi',
the right OF abusing seems to remain IN full
force, the laws made against il being rea
de.ed inedectua! by ;1e liberty Of IN
press.
''My rroTosal 'h'n. il. 70 leave the lib
ertv OF the prs cr'ouchsd, 10 he exsrcIs
ed in its full extent force. and visor; but {,
permit the liberty 2f the GU gel togo With
DAri rAssr. Thus, nv fellow citizens. i
Al inpnae.t writes a'tac4s your se,rtatio'
dearer TO yon Der aaps than roir l.fe, an
puts his Tame TO the Oh are", you may 60 4
him as o, emily and break HE head. If H.
eonceals himself behind the printer, an,
YOU can nevertheless discover woo he i,
yIu may in lk" manner waylay him in III
night. attack him behind, ani give him
good drnbb:ng.
"lf, however. Il shou'. BE- thon.ht tina
mis- proposal OF mine may disturb the pub
Ne peace. l would then humblv recomr.en
- our legislature to take up TIE considers
zion Of both liberties, tha' If the rress an
that OF Tho cudgel. and Nv an explicit II,
make their extent and limits: ard. at N
same time that thew .eclre the person of
wise provide for the seeni'y Of his rep'
1afinn -