Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-08-07

| " N'u0i HOIua, Dy Lhis new version OF the
consultation, this House is poWerless 10 punish
any OF ITS members who may choose, within 40
hour alter the close Of ils session Of each
day. to question fellow members for words ut
tered in debate, by waylayiDg him. and club,
o'ng him ustil he is literally senssless and
drenched in blood. And, sir, il to-day this
may be done by member, and he shall be Al
large upon his recognizance entered into before
committing magistrate. be may select other
members Of the House as victims for bis ven
geance an hour after adjournment to.morrow.
and so on each successive day, until be de-
monstrates the faot-the mournful humiln,ing
fact .-that the peoples constitutional privilege
OF immunity from question in the persons Of
their representatives for any speech or debate,
in either House, is mOckery and dream;
that they have no higher security against the
assaults Of whoever chooses, after adjournment
to arm himself with a bludgeon for the punish.
ment 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 mipori.
tvs proposition, as also the proposition of the
gentleman from North Carolina, that aues-
tiOning during recess, by any mode Of violence
cannot be punished by the House, and is not
provided against by the Constitution.
Sir, neither the heart nor the understanding
Of the American people will assent to a propo.
slhon so mOnsirOus and absurd array against
1t the usage and practice Of our own and all
free Governments, the opinions Of jurists, and
the decisions of Our highest judicial tribunal.
Tile practice and usage. In 1907, William
Blount, United States Senator, was expelled
from that body by the vote of every Senator,
save one. His offence was an attempt to Sc
duce from his duty an American age mt among
the Indians, and to ALLEVIATE the confidence of
the lngians from the public authorities Of the
United States. Justice Story says OF this case
e Commentaries on the Constitution, 299:)
"It was not statutable offence nor was it
committed in his official character; nor was il
committed during the session Of Congress; nor
at the seat of Government"
ut seems therefore to be settled by the Senate.
upon full deliberalion, that expulsion may be
for any misdemeanor which, though not pun
ishable by any statute, is inconsistent with the
trust and duty of Senator"
In 1868, the Senate moved for the expul
sion Of John Smith, IA Senator for his parti.
cipation in the supposed reasonable conspiracy
of Burr. This motion of expulsion failed only
by one vote Of receiving the sanction of two
thirds OF the Senate, as required by the Con-
stitution, for expulsion. And of this case JUS
trce Story says:
"The precise ground of the failure of the
motion does rot appear; but it may be gather
ed from the argument of counsel, that it did
not turn upon any doubt that the power Of the
Senate extended to cases of misdemeanor not
done in the presence or view Of the BODY
hid, 2OO.)
And, commenting further upon these cases,
that learned Justice says 5'.. a..7
"The power to expel member is not in the
British House of Commons, confined to often
ces committed by the party as a member, o,
during the session of Parliament but it ex-
tends to all cases where the offence is such as,
in the judgment of the House, units him for
parliamentary duties. &C ibid, 800, 30kI |
In 1896, Gum and Frelinghuyuen being
Senators, The first having sent-the second ha-
wing borne-a challenge to Baldwin, member
Of this House, for a cause not connected with
his official duty, were upon the report of Mr..
Madison, held guilty of violating the privileges
of this House, and required to answer to the
House for the same. In 1895, Robert Ran
dali attempted 10 corrupt memberof this House
for which he was imprisoned.-2 (story's COM
mentaries on the Constitution, 912.) In 1900,
William Duane, for printing a libel against the
Senate, was held guilty Of a contempt, and by
the order of the Senate imprisoned.--( Ibid
314.) Blackstone (vol. i. 1861 says;
"To assault. by violence a member of Ell
ther House is high contempt of parliament,
and therepunished with the utmost severity. -
The assault is also punishable in the courts Of
law. by statutes Of 5 Henry " and II Henry
| VI"
Justice Story, after asserting this power to pun
ish contempts to be fully vested in the Con-
gress of the United States, well remarks:
"Nor is this power to be received in an un~
favorable light. tits aprivilege, not of the
members of either House, but, like all other
privileges, of Congress, mainly intended as
privilege Of the people, and for their benefit"
--T2 Story's Commentaries on the Constitution
3O7.l -.r.s ...-
Jefferson, in hsIManual, section third, cru
merales the powere 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 Constitu,