The Washington times., 1902-02-25
the Constitution prohibits in unmistak
able language.
A Punishment of the state.
Language of Constitution.


other for two years
Language of Constitution.
| He called attention to the wording oi
the Constitution. which provides that a
| Senator-may not be arrested except for
treason, felony, a breach of the
peace. and stated that this careful guard
Ing Of the Senatorial rights was obviously
| a recognition of the high privileges OF
| the States.
| He pleaded earnestly for his point with
| the assertion that it is a momentous one
which would set a precedent for all tome.
| Senator Hoar made the most telling
argument against him by asking the sim
pie question if a justice of the peace
| could not deprive a State of representa-
| tion lust as the Senate is doing low,
1 by causing Senator's arrest for breach
| of the peace.
| Mr. Bailey answered mo; because the
| Senator could pay his fine and secure re-
lease Immediately The point of Mr..
Hoar was snilingly received by the Re-
publicans. however.
| Point of Order Carried.
| Senator Aldrich arose when Mr. Bailey
had concluded and again made the point
OF order and the Senate by a party vote
| decided to sustain the point
| Senator Mason alone voted with the
| Democrats.
Mr.. Bailey declined to vote. Mr. Dill
lingham paired with Mr.. Tillman. Mr..
McEnery withdrew his vote Mr.. Hale
i paired with Jones of Arkansas. Mr.. Nor
gan with Mr.. Quay
| The vote was as follows:
| Yeas-Aldrich, Allison, Bard Burn ham.
Burrows. Burton. Clapp. Clark of Wyom-
Ing, Cullom, Deboe. Dietrich, Deliver,
Dryden, Elkins. Fairbanks, Foraker. Fos-
ter of Washington, Frye. Gallinger, Gam
BILE. Hanna. Hansbrough. HawIey, Hoar,
kean. kearns, Kittredge, Lodge, McMil-
Ian, McComas. Millard, Mitchell, Nelson,
| Penrose, Perkins. Platt of New York,
Pritchard. Proctor. Quarles. Scott. ST.
| mon. Spooner, Stewart, Warren, yelling
| ton. WetmOre-46
| Nays = Bacon, Bate, Berry, Carmack,
Clark of Montana. Clay Culberson, Du-
bois. Foster of Louisiana. Gibson, Heit-
field. Jones of Nevada, McLaurin of Mis-
sissippi. Mallory. Martin. Mason, Money,
Patterson, Pettus, Rawlins. Simmons.
| Taliaferro, Teller. Turner, Vest-25.
This point ended the matter temporarily
and the voting went on,--with the names
] of the South Carolina Senator'S omitted
| from the roll call.
A Virtual Decision.
This was virtual decision of the ques
ton. although not technically so, for the
precedent had been made and South Car
olina deprived Of her vote. The matter
| will be brought up again by the Demo-
Gratis. and it is understood that they will
make bitter fight on it.
Senator Turner took the step that will
bring the question definitely before the
Senate by introducing a protest on be-
half of Senator Tillman, which recites the
contention of the Southern Senator's in
| full.
Mr.. Tfllman's Protest.
Following is its text:
The undersigned. holding a commits
sion in this body from the sovereign State
| of South Carolina as one of it's Senators,
and having been in the full and undis-
puted exercise of that high Office for
seven years past, solemnly protests
| against the ruling of the presiding Off
Ger. sustained by the vote of a majority
of the Senate, depriving him of the right
| as such Senator. to vote on the pending
measure. and to take part generally in
respectfully asks that this. his protest
| may be spread on the journals of the
Senate
The Office of Senator of the United
States is a high constitutional Office
| Section 3 of Article l OF the Con-
stitution declares: The Senate of the
United States shall be composed of two
Senators from each State. chosen by the
Legislature thereof. for six years, and
A Right and Duty.
II respectfully insist that a right and
| duty is here conferred and imposed on
each Senator, and that so long as he re-
mains a member of the Senate he cannot
| be deprived or relieved of that right and
duty. He may be punished for disorderIy
behavior by majority vote of the Sem
ate, and he may be expelled from the SEN
ate by two-thirds vote.
This is declared by the second clause
of section 5. Article |. OF the Constitu-
tion. But the right to punish for disor-
derby procedure cannot proceed to the ex-
tent OF depriving him of his voice and
vote in this body unless and until the
punishment against him shall have been
adjudged to be one OF expulsion.
while 1t is true that the undersigned
| has been adjudgcd to be in contempt of
the Senate for disorder committed in its
| presence on the last legislative day before
| this, an act committed in the heat OF
| blood. and which he regrets and has
| apolugizcd for. that incident has passed
| and gone and he Is now in his place as II
| Senator dcsiruus Of proceeding in order.
| and in accordance with the rules OF the
| Senate in the pcrf...1Huce OF the high
duty entrusted to him Icy the authority
| and under the seal OF the State al South
| Carolina,
To Procure order Ia Debate.
The second section ot rule IN oI thia
| body proyides that Scnater. cailej
to order for trnnssfesain. tho rules ~
| the Senate. uhall ait loNa aud not pta.
cccd without leave ot the asuate II ia a
| rule To procure the ofdesb eonduot oy
debate. aud fta direction tina, 81 aeaatoe
called To order shalt 5it down aad npt
proceed without iraNc at the Senate h4a
relation to the debate thea immediately
pgoErebsiug nuh nathlns clsc
Such has been the uniform coratruc-
tion aud application. aud the attempt te
stretch 1t 40 us tn indefinitely dlpqualtN
Senators from performing their dut,va
here. oven 10 the oNtrut OF dvprtNtuE them
Of the right to vote. t. an Invasion uf the
privileges Of Senators and grave breach
OF the Constitutional right OF each state
TO equal representation in this body. tu-
der such construction ot that rulC the
majority may force 4 Cloturr In this body
by simply declaring each mcmbcr OF the
minority in contempt