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

On the resolution 10 expe Mr. BRoOKs delivered in the
House OF Representatives July IL, 1856
Mr. BRANCH said After the very full and able discus
sion have had this subject would not address the
House ii had heard presented by any other gentleman
the view which has determined my Judgment and win de-
eide my vote. .... H" p@t
The majority OF the committee claim Jurisdiction for the
House the ground that if the gentleman araigned had
been stranger the Senate would have possessed the
TO punish him for assault OF its members for
words spoken 10 debate but since he is member Of this
ouse-a coordinate branch of the egsatureit cannot
punish him and that hence II deyoyes on this House to
nfct the punishment which the Senate might inic but
for the respect courtesy immunity due TO this body.
undertake to say that II Mr.. Brooks had been mem
Der OF the Senate and the assault had been committed at
the time place and under the circumstances was COM
mitted fellow-senator the Senate could not have
punished him and, the other hand, II Mr. SUMNER had
been member Of this house. is Mr. Brooks this House
would have been equally without the power TO interfere
oor is each house without the power to interfere for
az assault committed by or upon person not member
of It's own body.
The whole powers of each house acting separately and
without the of the other found in section
five article one of the constitution. Nowhere else in that
instrument do we find grant of power to, or any duty
imposed each house. acting without the concurrence OF
the other Every clause OF that section confers powers
imposes duties leach house, the whole section being TO
this exclusively devoted The second clause Of that section
is as follows:
each house may determine the rules of its proceedings
punish members for dordery BEHAVIOR and, with the
concurrence of two-thirds, expe a member" y.
By this clause each house is invested with full power to
bersthat h against conduct volavc of is rules and
ders and nterrupng interfering with its current pro-
ceedngs 1t has power to act sulnmary through its Ser
geanttArms otherwise to control the offender, or
quel disorder The here provided for cases OBJ
structing the business Of the Houseor the time being
preventing it from the orderly and efficient discharge OF its
high duties The remedies for such evils to be effective
must be summary The necessity of calling in an extra
force authority to protect 1t would be demora
zng confession OF impotence besides producing fatal de-
lay Hence the arbitrary and despoe power conferred by
this clause each house. be the and executoner
IN its to the extent even OF deprying constu
ency Of the representative Of its choice Such power
contrary notions of law and responsibility
and ntrused to other department officer of the gov
erumen except to courts OF justice to be exercised IN
strictly analogous cases and for the attainment of the
end ought not to be enlarged by construction nor
made to extend any not within the reason OF the
law. 1t intended to be exercised in in which
the exigency would admit of delay Aud to 1t for
other purposes than protect the body in its current pro-
ceedings, would make il an odious tyranny.
Whilst by this clause the power Is explicitly given to re-
strain and punish It's members for dsordsr,y oenavio
powered to make will provide for preventing and punish
ing disorder its galleries and esew here in its presence
any other ornce class OF offences can be specihed
which do interrupt the current business but against
which 1t is proper afford protection TO each house as
house. Congress under The last clause Of section three
tcle one pss aea laws from lime 10 time defining
them aud providing such remedies it may think suitable
and adequate.
The gentleman arragned having committed act inter
rupng the business of the Sene the assault
having been made whilst the Senate not in session.
find no In this clause Of the constitution tor
his punishment either by this House or by the Senate
would be s vain search In that clause for power
this House to punish OF its members for dsurdery
behavior, not in violating its own rules but in violating
the rules Of the Senate
But 1t is said the gentleman from South Carolina has
been guilty Of breach Of the privileges Of senator by
assaultng him for words spoken in debate. will not
stop inquire how this House gets TO be the vndcator Of
the privileges of Let II be assumed that we have
the power and right inct the punishment the Senate
might inict stranger hold il TO be clear that the
Senate could not punish mere stranger for an ADMITTED
infringement Of the privileges OF OF Its body. WLo
made the Senate the judges and awRyers as 10 the ex
tent and nature Of the privileges Of its individual members
and the arbitrary poteuae 10 declare and inlet the most
appalling punishment for real ancied encroaehments on
the dignity or privileges Of OF It's members and TO
strike down citizen for act not against the body but
against single and perhaps unworthy, memeer OF H.
which act previously known believed to be
criminal Has anybody before suspected the exist
ence In government of two such formidable and des-
pouc bodies as such doctrine would make the SEN
ate and House Of Representatives Whence Is such a
power derived An act which has received The
sanction OF the Senate OF the House Of Representative
and Of the President and under all the forms prescribed
by the constitution has become the law OF the land may
on the appeal OF the humbest citizen OF the republic be
declared by the Supreme Court null and void Yet 10
declared that OF these branches OF the legislative de-
partment-al three Of which must concur In order TO
make aw-may strike down citizen, deprive him OF
his fair name and for the time being, dsranchise one
hundred thousand people without law without trial. and
without the possibility Of his appealing Tor proecen and
redress 70 the courts Of the country II Is 10 declare the
extent Of It's privileges, not Of It's rights under alaw pass
upon an alleged infringement prescribe the punishment
and execute It's own decree and the citizen who s made
victim OF this arbitrary and despouc exercise OF power
is not allowed such appeal to the courts as Is guaran-
tied alike to the highest offender aud the smallest petty
larceny criminal The gentleman from South Carolina
who ia arraigned, denies your jurisdiction large mum
Der Of your own body deny H. Yet IL twothrds OF the
body 80 vote the gentleman will be expelled from his seat
II he is thus expelled what tribunal he appealf BY
what process known the law he bring himself and
you before the courts TO test the legality OF this extraod
nary power you assume execse2 You know that there
Is none and that in thus expounding your own privileges
and furnishing for their Infringement you are acting arb-
rariy and without responsibility, and dcpriying him Of
the dearest right Of ireemanhe right TO be protected
| by the law.
4 deny the existence Of such monstrous power and
protest against It's exercise
Let us see from what portion OF the constitution this
power Is supposed 10 emanae The first clause OF sec
4 ton SIX, article one OF the constitution, 10 as fol-
| lows.
The senator's and representatives. shall receive con-
pcnsaon for their services be aseertaned oy law and
in all cases, except treason, felony, and breach OF the
peace be privileged from during their attendance
the session Of their respective house and In going 70 and
retaining from the and for any speech or debate
in either house. they shall not bO Questioned In any other
II place" " #..
\ Now the first remark wish to make on this clause Il
that differ from the opinion expressed by OF my
friends that members OF Congress entitled TO
privileges than other citizens think II Just rs clear
that this clause intended TO provide for our enjoying
privileges mot for individual benefit but for high pub
lie purposes) that IL intended to provide for our
having compensation for our services But that IL
Intended that each house should Judge OF the prv
eges OF lis members and protect and guard them
than It was that each house should have the right order
the compensation Of Its members TO be paid out Of ID,
1T. ~ -