, 1870-07-06
THE CASE OF PATRICK WOODS.

On 1ne 5UtA OF May last, Patrick Woods: |
detective police officer, in the city of
Richmond, met and committed a brutal and
wholly unproyoked assau]t;upon Mr.. Char1es |
Il Porter, member Of Cong ress, repre-
senting the Richmond District, and then at 4
home on leave of absence from the House. |
For this offence, Woods WIS bound over to
appear at the next term of court to be held in |
that city. He was subsequently arrested by |
order Of the House Of Representatives, md |
is now in custody at Washington. The Jt-
dietary Committee Of the House have heard
all the testimony in the case, and majority
have reported a preamble, in which are re-
cited the facts Of the case, and a resolution
directing that Woods be "punishel by i'm |
rrisonment in the Jail of the District of !
Columbia, US other criminals are, for three
months The minority of the committee
report Recommendation That Woods be re-
nanded to the custody of the legal authori-
ties st Richmond, and be prosecuted there
for his violation OF Law: It appears that
Mr.. Porter had obtained leave of absence,
and wns zoo miles distant from the capital;
and was assaulted by person: who
hardly knew who he was.
However great the crime, it was no inva-
sion of the privileges Of the House of Rep
resentatves- There is no pretence that
the assault was made upon the member be-
cause of any speech or act Of his in Con-
gress, nor was the assault committed in OF
about the House, nor when he wes going
to or from the House. Neither the cause
of the assault, nor its locality was of Kind
to make the offence breach Of privilege.
The majority of the committee follow
the precedents Of the British Parliamentary
law, where the rule has been to make men,
bers of Parliament apsivleged class But
this is wholly repugnant to our laws and
constitution The only privileges which
our Congressman have aresthose which Sc
cure freedom of debate, by e1empting
them from responsibility or question out
side tie House for what they may sayof do
therein, and from civil arrest when going
to, or from. or attending, Congress. They
nlso enjoy the iumunities per-
tanning to Legislative body, empower
cd to protect IFS members while in
the discharge Of their dnty in, or about
or going to, and from, the House.
They are not, in contemplation Of law, a
superior class of persons, entitled 10 any
special privileges beyond those pertaining
to the actual discharge Of their official du.
ties, and while so engaged. A member OF
Congress attending theatre, or raee
course, or junketting in saloon, OF fight
ing the tiger, cannot be said to be engaged
in official duties. In such places he stands
upon the same level with other persons.
Outside of his official duties, and
away from the House, his commission as q
member entities him to NO special priv
1ege. Unless the privileged member be
invaded, the House can take no iurisdic-
ton of the case. If the House have
jurisdiction over every petty indignit,
or assault offered to its members, beyond
the precincts of the Capitol, and can Try
and punish such things as crimes, without
appeal or redress, then that body
has power Of the most dangerous charuc
liter. 1t has unlimited discretion It may
order the arrest of any person who "as
saults member by crihcising his con
duct, defining his crime to be breach a
privilege, may sentence him to be tnpr1s
oned as a criminal We hope there is gooi
sense enough left in Congress to rapudiatt
this e1ttavagant notion Of the privileges o
members of Congress-
There IS no precedent for the conviction
of any person for an assault npon me1nbe
| of Congress, except when the assault We
made for words spoken IN debate. An as
sault for such cause falls clearly within
the privilege defined by the constitution
But an assault upon member Of Congress
absent On leave, and two hundred mile
from the City of Washington, for no sue
: cause, and, as 1t seems, without an
,, cause ut all, is no such invnsio
7, of any special privilege Of either the men
ber or of the House, as to confer upon thu
body jurisdiction over the offender
!, John Morrissey should be knocked down
: his gambling den at Saratoga, would th
House undertake to punish his assailant
Its legal power to do so would be the sam
!. rs it's power to imprison Patrick Wood
This claim Of extraordinary privilege IS th
more dangerous because the action Of tn
House is final. The victim cannot be hoas
on Aabeas corpus, and no writ Of error ca
! | be obtained