The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-24

the paragraph may proro or coufer on members GER
tain priyiegesj but until Congesshe President Senate
the enjoyment Of those privileges by pointing ont the tr-
bunais 10 Try and specifying the punishmens be inct-
ed at best have but naked right without remedy.
There not only power inherent in each house
force the privileges of its embers but II Congress was to
pass law, as i is its duty to do, providing remedies
against their Infringement such law could not constitute
each house the tribunal before which they should be
brought because he judicial power of the United States
shall be vested in Supreme Court and In such interior
courts as the Congress may from time TO time ordan and
establish And the legislative department cannot const-
ute itself either of its component parts inferior
court.
Here must be permitted to say that in my opinion no
abuse such as provoked the assault in the under
consideration is debate entitled be protected under
that clause of the constitution. .. ..a
The view here present that neither house can in
terpose and vindcate the privileges Of its members is
greatly strengthened by the position in which End the
clause in regard to privileges and In constituting in
arranged with such perfect order and system
is the constitution of the United States argument may
be drawn from the position in which clause stands
almost AZ convincing to me argument drawn from
the phraseoog and e en- more convincing than based
on obscure and doubtful raseology. Z .--,
As section five, article one to which have before
erred is devoted exclusively defining the powers and
duties of each house acting house but separately from
the other house section six Of article is devoted
exclusively to defining the rights, duties and restrictions
individual members No single line of section six pro-
esses confer power leach house, whilst every single
line of section five does explicitly confer power deny
power to leach house" Moreover you may search through
the whole constitutions and you will not find line pro-
essedly comforting power "each house. except in
ton FIVE. Now tell me- IL You cam why these privileges IL
they matters to be looked after by each house.
not placed In section five along with the strictly analo
gous subjects treated Of In that section but placed
along with the compensation Of members in different
section2 aE@| 8-g .a & Ef aB 4er.t yas. 4g.
No examine these two sections without being
convinced that whilst each house is authorized protect
itself against interruption of its proceedings ad
oun, compel the attendance of absent members keep its
own Journal and, in all matters regulate Its internal po-
lice to speak, yet the authority Of Congress should be
required members their compensation and the
enjoyment of tbs privileges conferred hem for their
own benefit but for the public good.
Perhaps the highest authority that could be presented
this subject is to be found in Jefersons Manual page
30. give 1t:
acter of privilege that the fames Of constitution in
their provide that the laws shall bind equally all
themselves from their eration have only privileged sena
tors and themselves from the single act OF
rest in all except treason, felony and breach of the
peace during their attendance the session OF their
tive houses and in going and returning from the same,
and from being questioned in any other place for sny speech
debate either house Constitution United States art
ce section six Under the general authority o make
all laws necessary and for carrying into execution the
powers given them (Constitution United States, article
two section eight they may provide sy law the details
OF this privilege No such law being made, 1t
present to stand on the following ground
also refer to the strong and pointed language the
subject at pages So and 81 Of the Manual He then goes
four classes Of in which the member
himself may plead his privilege and claim discharge
from arrest and the officer arresting him but
he mentions in which the house OF which he is q
member any other body but the member himself can
plead IL In prosecutions or in avoidance II 10 purely
personal privilege und only be awaited OF by the
Der protect himself until Congress passes law attaching
pains and penalties to It's violation