The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-24
HOUSE OF REPRESENTATIVES,.

Imm
The SPEAKER assigned the floor to Mr., CAMPBELL who
gave way to MIR. WAsHBuRs.
ILLINOIS CONGRATULATIONS CASE.
Mr.. wAsHBURN, of Maine from the Committee" of
Elections submitted report In the case OF ARCHER Vs
ALRs accompanied by the following resolutions;
Resolved That JAMES O. ALLEN not elected and Is
Resolped That WILLIAM b. ARCHER was elected, ana
entitled, TO seat In this House.
The report together with the arguments and testimony
the case laid upon the table and ordered to DC
printed and the case was postponed until the sh DAY Oh
June.
QUESTION PRIVILEGE.
Mr.. CAMPBELL, of Ohio Mr.. Speaker, submit the
following preamble and resolution privileged question:
and demand the previous question
Whereas, on the 22d of May, 1855, Hon. PREsros 5.
the State of South Carolina, and other members
either principals accessories, perpetraed violent as
tor of the United States from the State of
whilst remaining in his seat in the Senate chamber IN the
performance of duties pertaining to his Official
ResoVsd That select committee Of five be appointed BY
sns %ph sue
their and @ o me
power send persons and and to employ
clerk Also, to sit during the sessions of the House,
Mr. BROOKS, of South Carolina, Immediately on the
reading of the resolution attempted to get the floor but
Mr. CLNGMAN Of North Carolina, objected to the con-
sideraon of the resolution out of order at this time
and referred the Chair to decision OF the House made
only week since in similar He asked the
Speaker to decide whether the principle there settled o
the House on yeas and nays did not this
case and necessarily exclude it from the OF
the House. He wished the point decided before the resoiu
ton discussed.
Mr. SMITH, of Virginia. suggested to the gentleman not
to interfere with this question Of order in behalf OF the
gentleman alluded to in the resolution He also suggested
the gentleman from Ohio who offered the resolution the
propriety of modifying it by striking out the preamble
altogether The preamble assumed certain state OF facts
which could not be known until the proposed exampation
had taken place
Mr. CAMPBELL said that if the fact disputed, he
would modify the resolutions that it would read where-
it is represented" &c.
Mr. SMITH, of Virginia. thought the preamble had better
be stricken out altogether as the facts stated in it were
true.
Several MEMBERS reiterated the charge of the untuth OF
the preamble.
Mr. CAMPBELL stated that the object of the resolution
was simply to bring the facts before the House in an
thente form 1t due to the House. due to the parties
implicated in this matter and due to the country that the
facts should be presented in authentic way through
committee who would examine fully and fairly all the
facts connected with the unfortunate occurrence.
Mr.. CLINGMAN was fully satisfied that the statement
In the preamble gross asehood but did not object
the Speaker should decide the point of order made him
before discussion arose the resolution and objected
to all debate
The SPEAKER replied that objection being made to
duty of the Chair to decide the question of order 1t was
the opinion Of the Chair that the resolution involved
distinguishing this from the referred to by Mr.
CLIsGMAS II personal difficulty occurred between two
members of the House. either during its session immed
aey on the growing out Of the proceedings
in the House. the Chair Of opinion that would be
legtimately question Of privilege Many precedens in
volvng similar circumstances sustained him In this de-
cision This differed from the just supposed in
particular The resolution referred to difficulty be-
tween member Of the House and member of the Senate
which made it from the House of Representa-
tves but nasmuch senators covered by the cons
tuition with the same privileges the members Of the
House of Representatives the Chair of the opinion
when question was raised charge made Of member
the Senate that it was his duty receive the resolution
as a question Of privilege.
Mr.. CLINGMAN appealed from the decision of the
Chair.
Mr. CAMPBELL wished to say to the gentleman from
North Carolina, Mr. CLINGMASl that nasmuch the
marks which had just fallen from his lips charged that the
preamble contained statements which not true
Mr.. CLlNGMAN. 1t Is my opinion that they are not
true
Mr.. CAMPBELL AIN your opinion" l suppose it is
universally admitted that this occurrence has taken place
and that these parties concerned in it. modify the
resolution however insert these words "Whereas
Il Is represented that on the 22d Of May" &c
He wished to do wrong to either Of the parties his
purpose simply TO have statement Of the facts
presented to the House He understood that the Senate
had without dissenting voice, raised committee to in
MENBER Well, 1t is their business, and not ours
Mr.. CAMPBELL hoped that objection would be made
TO the resolution modified.
Mr.. CLINGMAN said that a week ago. when resolution
introduced question of privilege charging men,
Der with having assaulted and committed crime against
another person. that the House decided not question
Of privilege thus making distinction between a member
Of the House and any other person The Speaker de-
cded that because In this the person injured was
senator that the different and the resolution Of
inquiry question Of privilege He held that this
made difference that the Senate had the right 10 pro-
tect their privileges but that the House had no right
TO do 1t IT. In this case senator had been assaulted for
words spoken in debate contrary the constitution which
provided that senator member Of the House shall be
called to account for words spoken in debate the Senate
competent to protect Its rights and had already
upon senator In any other light than private midi
vdua far concerned In matter of this kind There
nothing In the rules or In the constitution which
authorized the House to take any official steps protect
the rights of senator's They protected was every
citizen by the laws Of the country and had the right to
distinction which the Speaker made between this and
the recently decided by the House.
He regretted that the gentleman from Ohio Mr.. CAMP
BEI had introduced the resolution He had taken pains
to inquire of persons who had the affair and thought
due TO state that the preamble the resolution was
one perhaps BOTH Of the gentlemen named in
cerned He thought due 10 say this because the resou
ton went to the country and somebody might suppose
that IL contained the truth He wished to stamp Il
false
Mr. CAMPBELL rose.
Mr.. CLINGMAN did not charge ID upon the gentleman.
He did not charge tho gentleman with having made the
statement with the intention of asehood the desire
do wrong He could refer TO several cases In support OF
the point Of order he had made He had taken occasion TO
look into the decision Of the House In the case OF Graves
and Cley When that case was brought up Mr.. Adams,
- s,f If Tho