The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-30

4
should for the purpose of changing vote in thi
House on any question then say the House could expe
him for IL and could protect myself under my privilege
in the The constitution gives the House as hay
said, entire jurisdiction its members. That Is
thing But for what II should punish and for how much
is another thing
Mr. HOUSTON. The gentleman admits that this Hous,
could not protect him against suit for slander for debate
had here and says he would have obtain his discharge
from the courts Then he agrees with that
lie contends, however, If one member were TO another
Tor the purpose OF Withdrawing his from the House
on any question pending that the House could consttu
tonally expe the member who instituted the suit dc
not very well see how the House could arrive OF the
ves In such casei but admitting for the argument that
the gentleman is right in the principle asserted the
Der in that would be expelled for the fraud and
rupuon he endeayorng TO practise upon the egsa
ton OF the House, and for the suithe raoUe
and not tie act Such conduct II successful would destroy
all useful legislation and tend the corruption aud dis
grace of the legislative body in which it occurred
another and very different principle from the in
between the gentleman and myself
Mr.. OLIVER. Not at all. You do not understand me
Mr.. HOUSTON. Possibly may not.
Mr. OLIVER All say is, that il the gentleman from
Alabama should me, and be arrested for
any purpose that this House ought cognizance of it
might punish the gentleman from Alabama by expulsion
or otherwise at its discretion
Mr. HOUSTON. But suppose private citizen should
the gentleman for SANDER then what redress this
House afford him2
Mr.. OLIVER. The House can afford none whatever
Mr. HOUSTON. But the gentleman is just much de-
prved OF his constitutional privilege and the House is
much OF
detention at the suit OF private individual that of
member
Mr. OLIVER. The House in that case has no redress,
and must take of myself
Mr. HOUSTON. Now the gentleman is coming to the
right point The gentleman must take of himself;
and that is the remedy be applied to this case The
courts are instituted for the purpose protecting ndvdu
ais when offences have been committed upon their PERSONS
and there where this has already properly and leg
imately gone and it the only place to which it
sntutionally CO.
Now a word or two Mr. Sneaker in rafarepca IN tho
amendment which propose. That amendment embraces
two propositions In the first place. it declares that this
House has no authority under judge the
privileges of the Senate what they what they should
be- The constitution Of the United States gives to each
house OF Congress the right to judge for itself of alleged
violation OF Its rules The Senate has constitutional
authority to say what our privileges are have we to
say what the Senate privileges In the exercise of cur
authority under this clause of the constitution
hned strictly TO the clause selfits intent and
ing we have no authority to judge of punish for any
breach OF the privileges of another legislative body
though may be coordinate branch of the same egsa
suppose the gentleman who reported these resou-
tons will with in that proposition The Senate
have what this offence u.s. They tell in their
communication which regard exceedingly out of place
and uncaed for, and wholly without warra.t IN the
sttuon that Mr. Brooks has committed breach OF the
Senate's privileges.
Sir do not concur with the Senate and If you give
member of this House the authority Judge of that
bodys privileges will take issue with the Senate and
deny that any Of its privileges have been violated While
gentlemen with me in the first proposition contained
my amendment they further contend that bound
by the finding of the Senate Strange doctrine truly that
have right TO examine the truth Of charges made
by the Senate against member of this House but when
they determine that Of our members has commit
ted breach Of their privileges have only to call him
up and punish hmwe must alone register the DEGREES Of
the Senate and play gh sheriff" for that body by inct
the punishment without the power to look into the
and learn whether the offence has been committed
hear the member thus charged either in defence expa
nation. will never give my assent to doctrine mon
strousso utterly subyersye OF every principle OF justice
and constitutional law.
The first proposition enunciated in the amendment
propose with very general approvalit cannot be
otherwise Under the constitution each house makes its
rules, and must judge OF its privileges. This
much being conceded do not how the latter branch
he amendment be controverted 1t is admitted that
hs House has right to Judge Of the Senate privileges
Then n we cannot "dge Of them cannot judge whether
thew have or have not been Inated and we punish at
ALL we must do upon the judge Oh Inat oouy-a
proposition which must be revolving TO the iegs ~ every
who takes proper view of the great prncl in
yoved.
1t will not do to say that he defend himself before
Senate for Of the given by that body for
members and therefore cannot try punish. have not
the least doubt Of the Of both the propositions
in the amendment have proposed hold that IL is not
duty punish Of the members Of this House even
If be had clearly violated the privileges OF that body
which, have before remarked is not true in the case
now before This is personal difficulty growing out
Of personal alteration and to be regretted that this
House has digned il with the notice IL has given to IL
We should dismiss IT, and leave the Senate 10 take care Of
its privileges and the Of the country to punish
for assaults made by one person upon another