The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1864-05-11

The gentleman from n&Tyland MT. DAVIS
having announced his opinion OF TIE course
Of my colleague, and the reason Why he
should be punished, contcnted himself with
citing two examples in which the House had
exercised this power. 0ne was the case OF
the gentleman from Maryland Mr. HARR1s. J
upon yllom vote of eensure was passed
day before yesterday. This resolution was
moved by the gentleman from Illinois, Mr.
| WAsHBURNE who at the time called tie pre-
vious question. The gentleman from Mary
land Mr.. DAyIsl is too much of q lawyer to
think that a case IS of nach authority when
it is decided without opportunity forareument.
The other case, and the only other case to
which be alluded, was that of Mr.. Giddings.
In 1912 he introduced a. resolution in refer
erce to tho mg.tiny on thSzTeole, whereupon
a gentlem rose in his place and moved that
he be censured. Does the gentleman tkink
that was fair case in which to exercise this
power? Does he approve OF the ceusure?
Does he believe the Gaze vas fairly within the
jurisdiction of the House? If not, he will
scarcely cite it as authority for the exercise Of
the same power in this
The gentleman will pardon me if | say that
he diminished very much the force of his ar
gument when i'll conclusion he told that
this was suck L Gaze that with law or against
law, under the Constitution against the
Constitution, he would expel my colleague
|
! is placed, If tina: be the ground upon which it
is offered, if gentlemen abandon all pre- tense
that it IS according to law, that it is according
| TO the Constitution, we will meet them on
that ground also. For the present we prefer
! TO believe the House sits under the Corstitu
/ tiop: that it is organized by the Constitution;
that il exercises functions which the Consti-
| tuition preScribes, and that its powers are lin
| tied by the Constitution. e
F,.o,y sha RI I,1 ffeE,
| SCHENCK] places his support of this resou-
tion upon another :. ound. He says that the
| Constitution OF the United States provides
that for sentiments uttered in this House no
member shall be called in question in any
other place. Ay, it does; and then, as ]
would draw the conclusion the EXPIRE sion of
an opinion in this House upon subject Of
Legislation is Iortiofi, protected by the
greatest sanctions. a member Shall not be
called in question Tor libel uttered upon this
floor, nor Iorany oiiense against private rights.
ii IS not to be intinlidated by fear of the law,
whether invoked IL the criminal or civil
courts Of the country; and, q forfiorf; he is
! not to be called in question here by the House
itself for the free expression of opinion in fair
debate.
You may punish man for dsorderly con-
duct in the presence ofthe House. The Con-
stitus;on expressly says There is the lin
fairly within that definition. The construc-
ton of those words is not to be too narrow
Usage has given to them a very large scope;
necessity, perhaps, has compelled it, precedent
has confirmed IL. Get, after ALL the offense
unless it be q crime, must be brought fairly
within the meaning of those words. l take
it upon myself 10 say that BY no straich of the
imagination can the Gecorous, candid, honest
expression of opinion upon matter Of legis-
ha ba
into disordery conduct.
Mr.. BOUT WE'LL. II the gentleman will
permit me to interrupt him, desire to ask
single question fer the purpose otsascertaining
whether We understood him correctly. Did
he say that the power under the Constitution
to expel member was limited to the cause of
disorderly conduct!
MIR. PENDLEION. Yes, sir, said it was
so limited. l sad that every case in which
the power of censure or expulsion could be
inyok ed and exercised by the House for acts
done in its presence muet be brought by some
latitude OF construction, whether more or less
broad, within q fair Interpretation of the
words ''disorderly conduct"
New, sir, just here am reminded that two
gentlemen from Indiana and one gentleman
from Maryland undertook yesterday to ask us
what rights Of free debate we're enjoyed in the |
Coperess.at Richmond. That. sir, is entirely
lmmaterIal to me. l. 10 not Know. 90 not |
propose to cite them as authority for any pur-
pose | do not propose to limit or measure
our rights of free debate by any rule which
they may adopt. 1t is nothing to what
their rules allow or their practice tolerates.-
They may be as tyrannical as the gentleman |
from Maryland the gentleman from Indi- |
ana would have us suppose them to be. They |
NAV be as tyrannica as either of those gentle /
men would make this House. So you mean
to follow their example? Do you mean to
make this House conform in its rules of order |
and debate to the practice of the Congress in |
Richmond?
[ said moment ago that the uniform prac |
tice Of deliberative bodies sustained the posi- !
ton which assumed, and that if there were |
exceptions they were So distinct, so we'll known !
that they served only to mark the progress of
legislative bodies toward the perfection OF free
deliberation.
How was it when John Quincy Adams pre- |
seuted a petition in this House for a dissou- !
tion of the Urion? 1 beg gentlemen to un
derstand that | do not introduce this example |
or others for the purpose of comparing the
views of my colleague with the views which /
were then expressed. | adduce it merely as
a striking illustration. That proposition went
to the very touDdatian Of the Government. 1t
struck at the very root of the whole govern
mental system. Yet not in difference to the
opinions either of Mr.. Adams or the petition
ors. but in Difference to the right of freedom
of debate, the House refused to censure him
Mr. WASHBURNE, of Illinois. do not
know whether l understood the gentleman -
[ understood him to state that under tho Con-
stitution in his judgment, this House had no
power to expcl member except for disorderiy
conduct.
Mr.. PENDLETON will tell the gentle
man exactly what said. [ said that to give
this House jurisdiction to expel a member,
the otfense must, by greater OF less latitude
of construction be fairly brought within the