True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-07-30

of their constitutional duty."-P. 10y
In connection with this strange decla-
ration the minority tell us " we recognise
no privileged class" In short, they de.
ny the privileges of the people in order to
Justify their construction of the Consti.
tuition. .tlH tEt "..r ..
By the construction of the minority,
the 9TH and 9Th sections, lst article, of
the Constitution ate interpolated, SO as to
read thus Each House may punish, or
by vote of two thirds erpel, men,
Der for disorderly behavior committed
while the House il in session and in the
actual discharge o. its Constitutional du-
lies )" and the Seiators and Representa-.
tives, for any lroper and legitimate
speech or debate in either House, shall
not be legally questioned in any other
place for the liability thus incurred but
neither House may punish nor interfefe
with any person fOryllegalIy questioning,
when neither House is actually sitting,
any Senator or Ret elresentatlve for any
speech or debate--pbvided that the queS-
tioning shall be in direct violation of the
criminal law of tile hnd," aE nt
In other words, BY this new version of
the Constitution, thi House is powerless
to punish any of il members who may
choose, within an lpur after the close of
lis session of each ay, to question fellow
members for words uttered in debate, by
waylaying him and lubbing him until he
is literally senseless ind drenched in blood,
And, sir, ifto-day Ills may be done by
member, andhe shall be at large upon his
recognizance enter ID into before com.
hitting magistrate, he may select other
members of the House as victims of his
vengeance an hour after adjournment on
tomorrow, and soon each successive day,
until he demonstrates the fact, the mourn.
full, humiliating fac that the peoples
constitutional privelee of immunity from
question in the perso of their represen.
tatives for any speeci or debate in either
House, is a nockeryand dream-that
they have no highersecurity against the
assaults of whoevej chooses, after ad'
jounment, to arm limself with bludg-
con for the punishment Of The freedom Of
speech, than the ;S5O bond required by a
justice. of the peace, We are not, sir, re
duced to any such 'x'remily Every
Representative is coveed by the shield Of
the Constitution romluestion elsewhere
than in and by the Hdse, for any speech
or debate therein. cannot consent to
the minority's proposition, as also the
proposition of the getleman from North
Carolina, lhata quespning during recess,
by any mode Of violpce, cannot be pun
ished by the House. and is not provided
against by the Constitution. - =.
Sir, neither the heri nor the under
standing OF the Amerhn people will as.
sent to propositiorso monslrous and
absurd. | array agaist it the usage and
practice of our own all all free Govern
menIs. the opinions { jurists, and the
decisions of our hight judicial tribunal
THE practice and usage. In 1907,
William Blount, a Uned States Senator
was expelled from thapody by the vote
of every Senator save ne. His offense
was an attempt TO sedre from his duty
an American agent aIpng the Indians
and TO ALLEVIATE the confidence of the Indi
ans from the public authorities of the
United States. JusticeSloEy says of this
case, 2 Commentaries,n the Conslilu
ton, 299;) I'd a@-4 ,,,s..gr,, b.. y
"It was not stautblf offense; mol
was it committed in lis Official character
nor was it committed DUNG the sessio,
of Congress nor at de seat Of Govern
ment," = Itseens, therefore, t,
be settled by the Senate upon full delib
eralion. that expulsion may be for an,
misdemeanor which, tough not punish
, able By any statute, isitconsistent will
f the trust and duty Of aSqator." y
In 1908, the Senate nEed for the ex
pulsion of John Smith, b Senator,) fol
|, his participation in the supposed treasona
bic conspiracy of Burr. This motion o
, expulsion failed only byae vote Of receiy
Ing, the sanction Of twothirds Of the Sen
ate, as requiredby the Constitution. , 70
4 expulsion. And Of tRsrase Justice Sto
J, ry says: s,shgar1a.a, llios s,a 4r4 vi
;. = The precise grouHof the failure 0
r the motion does not apPhr /; but it may b
, gathered from the argtAents of counsel
!, that it did not turn upoI any, doubt tha
D the power of the Senae extsndod to ca
ses ,,of misdemeanor Ipt done, in tn
gBgassenece. gBaa 0r view Of body" Ibid
And 6 commenting fther upon i on thes
|, cases. that learned jusis says: a,s.l
!. I"The power to expel anember is not i
/, the British House Of Gnmons, confined
3 to offenses committed Y !he party as
I. member. or during the ession Of Parlig
S ment but it extends 4 all cases .whel
2 the ofense is such as, i1ihe judgment
!, the House, units, him fir parGamentar
duties. ."-Ibid, 800, 3tt - +.''' .".' 4,
n In 1895, Gum and Aelinghuysen b
ing Senators, the first Aving sent7-lll
second having borne-.a challenge
s Baldwin, a member Of Ills House, for
! cause not connected yitbhis official dui,
n were, upon The report fMr, MsdisoI
Il held guilty Of violating he privileges