Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-05-31
REpoRT OF THE ASSAULT
HAGLS

Der OF the louise OF Representatives from
the State of South Carolina, did on the I'D
p day Of the present month, after the adjourn
nent OF the Senate, and while MIR. Sumner was
seated ut his desk in the Senate chamber, assault
him with considerable violence, striking MIN nu-
inerous blows on and about the head with u
walking stick which cut his head and disabled
him for the time beiag from attending to his
duties In the Senate The cause of this assault
was certain language used by SIr. Sumner IN
debate on the Monday and Tuesday proceeding,
which Mr.. Brooks considered libellOus of the
State of South Carolina aud slanderous OF hiS
near kinsnan Mr.. Butler, Senator from that
State, who at the time was absent from the Sen
ate aud the city.
The committee forbear to comment upoa the
various circumstances which preceded aud at
lenticd this a!ai, whether of aggiavation or ex.
ltenuation, FOR reasons which viii be sufficiently
obvious III the latter part of the report
TlIey have examined the precedents which
are to befnund only in III: proceedings of the
4 House of Representatives, the Senate having
never been called on to pronounce its judge
meat in similar case. In the House Of Rep
various times been expressed by gentlemen of
great eiuinence and ability, among whom may
be mentioned the late President of the United
States. Mr.. Polk, the late Judge Barbour, of
/ New York, yetthe Judgement of the House has
4 always prOaoan ell n ass ult upon luemb for
ENOruS spoken III tlcOttS u u u NlOidtiOl vi ll4e
J privileges Of the House.
The committee do not consider it necessary to
discuss the question at length, but proceed to
state some Of the precedents, not continuing them,
however, TO the case of the assault upon mem-
bcTS
Ia March, lTge, Mr.. Baldwin, member of
the House of Representatives, presented to the
House certain Correspondence between himself
and Gen. Gum, Senator from the State of
Georgia, Including challenge addressed to him
by Glen. Gam. These were referred to a COM
lInittee of which Mr.. Madison was chairman,
who reported BY their chairman that the same
was breach of the privilege of the House on
the part of Gen. Gum, and of Mr.. Freiinghuy-
sen, a Senator from New jersey, by whom the
challenge had been bIrne.
4 Ia May, 1928, n personal assault having been
ma le by Mr. Russell Jarvis upon Mr.. JOAN Ad-
ans, tine private secretary of the President, just
after his delivering message to the House of
Representatives, ami While on his way to the
Senate with another message, the matter was.
ON complaii 1t of the Prcsi lent, refyired to
lcct co nfnittce. a majority of the committee,
by Mr. McDultie, of South Carolina, their chair
IInai, reported that
"Upon a view of all the circumstances the
COMMITTEES are Of opinion that the assault com
mitted by Mr.. Jarvis upon the private secretary
of the President, whatever may have been the
causes of pTOv0cation, was an act done III con-
Involving not Uniy II violation of its own peculiar
privileges, but of the Immunity wliirhit Is bound
upon every plidcipie to guaranty to the person
selected by tIe President as the organ of his of
iieial communications to Congress. Il IS Of the
utmost Importance that the official Intercourse
between the Prcs lent aud tle legislative depart
mvnt should not be iilblu t. Interruption. Tire
proceedings Of Congress could not be more eff
le;tutliy arrested lay preventing the members
of either House from gni.gto the Hall of t!ei
d.!i ,e air tlai tlsy might b. b. prsyc,t..ig
t;le PreSiIc.it from maxi ig official cOnnnnita-
tiAls essentially connected with the legislation
Of the country.
"Thc power in question grows out of tho
great laX Ofseli. preservation II is, no doubt,
very Liable abuse, ought always TO be eX-
erciscsl viii, great moderation In its very ma
ture il Is not susceptible either of precise detini
ton or precise Limitation Each particular in
stance Of its exercise NUT be adapted to the
emergency which callsfpr it Wili!e, therefore,
the Committee deem it tlattcr of great iinpOr-
lance tntiaiutaiil the existence of tI.iS power
an essential meansof vi 'iicating the disaity ami
Ipitiges OF the House, they are clearly Of orli-
ion tat it ought never Ia le exercised except L.
eases of str0Ug Necessity, ASK, that the puhSii-
ment iilictel under it Ouglt never to be carried
4 further than shall be absolutely and iMEeaia-
1 lively rcgAirei by the existing emergency.
sIllC lltuSe III tAALSi
long tial and thorough discuss sim Of the queS=
tion, yO ell that Gen, Houston, by making per
s0uui assault on Mr.. Stansbury, member Of thu
/ House. for words spoken III debate, was guilty
of contempt and violation of the privileges of the
House, for words spoken In debate, was guilty
OfcOntempt aud violation Of the privileges of tie
/ House
Tnc committeeacllnow the force of these
prcceicntS, and adopted the reasoning quoted-
from Mr. McDuifie'S report. But, while it is the
opinion of tne committee that this assault was
breach Of tie privileges of the Senate they also
itliak that i not within the jurisdiction OF the
Senate aud can only be punished by the House
imenher THIS opinion Is in strict conformity
with the recognized parliamentary Law. Hatseli
lin his Prsce lentS says rs follows:
tsrhe leadi.lg priIcirle which appears to per-
wade all the proceedings of the two Houses OF
Parliament is that there shall suhsist perfect
equality with respect to each other and that they
siail be in every respect totally independent one
of tue other. FROM hence it is tint neither
House ca,t claim, much less exercise, authority
over a member; but ii there is any ground OF
complaint against an act of tine House itself,
against any individual member, or against any
of tie officers OF either House, this complaint
ought TO be male tJ that House of Parliament
wherS the offence is ciiargel to be committed;
aud the nature ami mode Uf redress or pu,iSlI-
newt if punishment is necessary, must bcrirtcr-
finiued upon AID ialiicted by them. Indeed any
Eotler proceeding would soon Introduce disorder
aud confusion, as itappears actually to have done
la those instances wncre both Houses, claiming
u power independent of each other, have cxer
Icised tuat power upon the same subject, but with
idiifercit views and contrary purposes. % Hat
sell, 6T.l
..We sec from the several prccedents above
cited that neither House OF Parliament can take
upon themselves any breach of privilege offered
to them by any member of tue other House;
but that III such cases the usual mode of pro-
cee,liJgis to examine into the fact, and then to
lay statement Of that evidence before the
House of which tue person complained Of is
lncnl,er."-(i 5ia, 7l.)
Mr.. jefferson, ia tue Manual of Parliamentary
Practice prepared by him, lays dOwnthe follow
ing rule:
'sNeiuler House can exercise any authority
over member or officer OF the other, but