National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-26
A QUESTION OF PRIVILEGE.

Whitelaw Reid uses his position as q
journalist to malign Governor Shepherd.
Governor Shepherd appeals to the law and
says in substance: If these charges are true
let Mr.. Reid retain the confidence of the
people who now believe him an honest
man, and let me suffer not. as now, the unjust
suspicion of men who do not know me,
because of the broadcast falsehoods of this
vensl journalist; but let there come upon
me the deliberate contempt and ignOminy
that shall ensue the sustaining of these
charges by verdict Of my coHntrymen.
II, however, it be shown that Mr.. Reid
has been guilty of oft-repeated mendacity,
of the continued SANDER of my good name,
let him be punished, and made to pay for it.
We ask every man who reads this, is that
Just demand? We ask Mr.. W. W. Cor
coran, an estimable gentleman, who backs
with his purse, which is heavy, and with
his influence, which is considerable, all the
men who attack Governor Shepherd-we
ask this gentlemen, "who suffers as being
in bonds" with Reid, is not this the fair
thing?
It does not suit Mr.. Reid, however, to
meet Mr.. Shepherd before jury of twelve
men, sworn TO do justice between them. 1t
is claimed for him that he is Privileged.
He came here, as did scores of other men,
to tell the Committee of Ways and Means
what he did know, or perhaps what he did
not know, about the Pacific Mail subsidy
He patronized the committee for awhile,
and then went about his business or his
pleasure. The divinity that doth hedge
king" is not apparent in him. At a guess
one would take him to be the editor of the
Virginia Bottom-ldHd Weekly, with the
"reminiscences of five years chills and fevers
on his lank form and yellow visage. He is
a citizen, like other men who are around
the equal before the law of other men, and
no more. He may go to New York when
he chooses if he has not lost his annual
pass or chooses to pay his fare. At least
this is what the average citizen would take
for granted. But it is mistake. He is q
simple citizen-no more he has been be-
fore Congressional committee, and privi-
leges fence him round like quilts upon q
porcupine. Like Mr.. O'Grady in Handy
Andy" 1.-THE sheriffs dead fornenst his
fence" Marshal Phillips is bound to serve
his writ upon any other man whom he sees
on Pennsylvania avenue, but must pause
before he hands papers to Mr.. Reid, because
he is privileged.
In this view the question of privile re
becomes one of no little importance. The
Constitution of the United States privileges
members of Congress from arrest kept
for treason, felony and breach of the peace
during the session and in going to and re-
turning from the same, and privileges them
also from being questioned elsewhere for
words spoken in debate in either House
These are all the privileges, outside the
Legislative Chamber, which distinguish q
member of Congress from the human race,
or any other man. Representatives of
foreign Governments (not being citizens)
are privileged by international law But,
with these exceptions, one will look in vain
for anything in our fundamental laws
which contraVenes the basis principle of
American republicanism "An men are
equal before the law"
True, the necessary implication from the
clauses Of the Constitution which create
the several Departments of the Govern
ment lodges with each the power to deal
summarily (when promptness is essentially
with everybody and everything that pre-
vents the full discharge of the functions
assigned them by the organic law. But
manifestly as this power is essentially arbi-
trsry. it ought to be confined within the
narrowest of limits, and Used only when
no general law could be devised that would
serve the same purpose. All probable
cases should be provided for by written
law. The citizen would then know where
his rights were trenched upon by "privi-
lege," and the courts could pass upon the
consttutionality of the laws by which
privileges" were sanctioned and vindi-
Gated.
No one can justly object to the privileges
of any branch of the Government. Many
are the prerogatives of the sovereignty of
the American people. The mace of the
Houseof Representatives is the sceptre of
million handed king. But all may justly
oppose the extension of privileges designed
only to secure the safety, dignity and de-
corum of the National Legislature to fur