The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-26


We have all that Massachusetts, is present engaged
In the high vocation of fixing the destnies of empire
as Il were lying west Of the Mississippi Here is the
OF her deadly fight with the "awfu slave power She il
also engaged in the battle of personal liberty she
phrases it against the constitution of the United States
While thus engaged if she should at the time attempt
10 follow her citizens throughout the world and protect
them nom assaults and batteries she would have much
dooo much to do Why need she do IL after the valiant
speech OF Yesterday made by of her representatives
ny need she regard such but chickens
body else as hawks and kites that upon every conflict she
should jump out and strut and flap her wings and croa
and scream Great aughter.l Valiant like these
can take care OF themselves need the shelter of the
ternal wing Let her trust them and doubtless they will
repay mothers trust to the satisfaction of mothers
heart ...sr ". ...
But have been led too far from the strict line of the
discussion So much stress has been laid upon the alleged
violation Of Mr. SUMMERS freedom Of speech !" SO much
both OF false doctrine and of bad feeling have been exhib
ited on that subject that have dwelt long upon that
branch OF the argument shall hurry rapidly
onward.
believe have very fully exploded the claim Of privi-
ee arising under that clause of the constitution which
lates to freedom from arrest and freedom of debate
The gentleman from Ohio Mr.. BINGHAM rather incl
deny alluded to another clause Of the constitution
aiordng an immunity which has been violated in this
He says we have all sworn to support that constitution
which declares that the person of the senator and citizen
alike shall be inyolae"
suppose the gentleman had reference to article four of
the amendments to the constitution which speaks of "he
right OF the people to be secure in their persons &c Now
sir Is strange that so earnest and eloquent gentleman
should have taken so shorsghted view of any const
tiona provision upon which he hangs such grave com
ments Read 1T and what does it amount to? Nothing
more than provision against unreasonable searches and
seizures 1t aprohibtion against what known as
general warrants that s authorizing seizures
and searches withouta proper specification duly verified
on oath or adavt stating the existence of probable
and the person to be SEIZED the place be searched
Lawyers understand this very we'll The clause has no
reference whatever to nvioaby of person" against
saults and batteries respectfully submit therefore, that
the gentleman might very well have spared his illusions
the violated oath of the gentleman from South Carolina
am aware that another ass of privileges has been contend
ed for.
is held that the Senate and House of Representatives
by virtue OF their existence as political bodies enjoy the
right OF proceeding undsturbed and of having the at
tendance OF all their members. This of privilege
has been declared in the of Gum and Baldwin
OF Houston and Sansberry, and perhaps others in the
House OF Representatives have very little regard for
congressional precedens at best know we'll how in
consderate and biased action very often is But pre-
cedents founded on necessity that exists by fault
ought to weigh nothing in constitutional construction
1t is competent for the law-making power to provide
ample protection for the two houses of Congress Its fail
to discharge its duty scarcely necessity
which will be just ground for the employment Of powers
not granted by the constitution ITSELF But If that doctrine
be allowed, it must be conceded that the privileges Of
the two houses arising from this extend only
far as may be necessary for the purpose in view If it
be admitted that the withdrawal of a member from his
duties in the Senate of the United States would be nva
sion of the implied privilege OF that body still say thai
the privilege OF the Senate was only invaded TO the extent
he safely able to attend the day. then the priv
lege of the Senate was not invaded at all.
Thus Mr. Speaker it appears that if any privilege of the
Senate has been invaded il s implied one and
expressly given by any clause in the constitution. Bat
sir admitting that the privilege of the Senate has been
vaded to the extent that of members ncapactaed
from attending to his duties then inquire how far this
House has control the punish
Mr. Brooks and say that in my Judgment IL has none
whatever What are the powers Of this House to punish
its members Those of the House and of the Senate are
contained in and the clause Of the constitution
1t is as follows: r.#
Each house may determine the rules Of its proceeding
punish its members for dsordery behavior and with the
concurrence of two-thrds, expe member"
Now observe how those passages Of that clause stand
related The phrase each house may determine the rules
Of its proceedings and the phrase punish its members
for dsordery behavior in immediate connexon with
each other Each house may lay down its rules and
then require its members TO obey those rules Dsodery
behavior behavior contrary 10 the rules Of order
and the placing Of them in this connexion shows that
acy that idea was In the minds of those who framed that
clause Each house may punish its members for disobey
ing its rules If you do employ this limitation Of the
phrase "disordery behavior what other there be
Can you follow member to the other end Of the
TO whether he Is guilty OF nsolence TO the Pres
dent Can you follow him home to the bosom Of his fam
lily ascertain how be his wife and children and
Congress member should think proper 10 visit foreign
lands the eye of this House follow him there and watch
his behavior to the crowned heads the queens and the
maids OF honor7 win you 60 with to our lodgings at
night and there take note Of uprsngs and down
sittings our outgongs and our ncomngs7 Why, the
idea is absurd II the doctrine Of gentlemen opposite l.
correct then power punish unlimited also and for
any little misbehayior the gentleman from Ohio, Mr.
CAyPBELL sitting grand inquisor may have you
called TO the bar and have sentence Of death pro-
nounced upon According TO the doctrine OF these gem
tlemen there Is no limitation whatever II you punish
to extent you 10 another You follow mem
Der anywhere even have said the water watch
through your spies his dsordey behavior TO Queen Vie
torn any OF her maids and when he comes back call
him up before you and pronounce sentence Of death upon
him And that doctrine is be proclaimed in the Ameri-
can Congress in this nineteenth century, We you
against such doctrine this lattudinous
tain, and unconstitutional Let what the consti
the amendments;
Nor shall any person be subject for the offence 10
be twice put in jeopardy Of life or limb"
II for the same offence no can be twice put in
jeopardy of his life limb what does the doctrine Of these
gentlemen amount to II amounts TO thisthat for a
little misdemeanor for which you could not be put In
jeopardy by OF justice you be sentenced 10
which be tried before court and condemned to
imprisonment 10 death, then this House has such
power you. The absurdity OF such doctrine papa-
BILE. Its enormty Is revolving. aa. a@ a-
Mr. Speaker the only reasonable construction Of that
clause OF the constitution under consideration Is, that each
house may punish its members for dsorderly behavior
committed In their capacity n members Of the House
against the rules OF the House and by such punishment
affects them peculiarly members Of tho House by the
suspension Of their privileges members Of the House
by reprimand rebuke, by something appropriate TO
The discipline of body Of this sort and not rising TO the
height of expulsion which is Afterwards specially granted
but upon a condition annexed.
The clause goes on and says And may, with the con.
currence Of two-thirds expe member That comes IN
the same connexion and should hold as mn original
question: that II belongs TO the same great idea that the
House punish member for disorderly conduct as
member OF the House, by appropriate punshments and
that in extreme cases where twohrds unite they may cut