Year: 1864

! cocpizine the independence ofthe confederate


States; and he enforced his views by Appeals


to your reasons, to your judgment, to thf


highest motives by which Legislators can be
governed; he asked you to weigh his argu


ments and if you could honestly agree with
him to assent to his conclusions. VIII any
gentleman tell me that this is not Legitimate


debate? VIII any gentleman tell me thai


these are not legitimate considerations and


pertinent to the matter before the HouseF


Mr. Speaker, 1 do not wish to be misunder-


stood The House has ample power to pre-
serve decorun IN debate. 1t has power TO


expel member who, by reason OF crime OF
personal turpitude, has rendered himself unit
! to perform the duties or enjoy the immunities


of membership; but, it is not within the
constitutional power of the House to expel q


member for the expression of any opinion


upon any political question, WHEN such ex-


preston of opinion is pertinent to the mea-
sure before it. This doctrine is essential to


the character of this House as a deliberatiye
body. IF it were not so, We of the minority


would hold our opinions subject to the will OF


the majority. We would be compelled, at


the risk OF being expelled from this House,


to express them in such delicate terms as


would not offend the sensitive organization CT


your loyalty. Sir, deliberation would be a


farce, discussion would be sham, the pre-





and this uouse assume its appropriate posi-
tion as a mere registry Of the predetermined
purposes and preconceiyed opinions of ma


jor;ty of it's members.


And yet gentlemen viii say, as they have
repeatedly said, that while this freedom Of de-
bate ought to be allowed in time OF peace,
when the country is in state of profound re-
nose, it must be curtailed when war exists
take issue with them on that point. The time
o fwar is the verv time when we should ccnsid-
er these questions; then our highest wisdom
should be invoked. Whtn great dangers
threaten the ReI ublic, the people, exaspera-
ted by the passions which war excites or
alarmed at the impending peril, are ready to
surrender power into the hands of their rulers
They are embarrassed, ANXIOUS, longing for
peace, hoping success, ie; ring disasterr They
cannot bear the uncertainties of their condi-
ton; they desire more vigor, more efficiency,
more rapidity of action, and they believe they
have attained them when they heap power on
their favorites Then this House should ex-
ercise the largest liberty Of discussion; then it
should probe to the bottom the policies and
motives of parties and of men. Were it not
so the condition of war would perpetuate itself
it would be eternal. 1t would be treason
able in any man to rise in his place and say
that he was in favor of peace upon any other
terms than those upon which peace mi ght
have been origiaaily maintained.


And why should there not be ttiis dis
cussion? We have lost cur true appreciation
Of the character Of this body. We forget
that arguments here are addressed to each
other. We are so in the habit of magnifying
ourselves that we think every speech made in
this Hall will reach the of the country
That is mistake. Debate is for the mem
bers 1t is for convincing the judgment and
:. q cF, har
made by my colleague Mr.. LONG was ad-
dressed TO you. Are you afraid that his argu-
ments will convince you? Are you afraid
that they vii! convince you TO vote with him?
v ere they SO cogent that you fear to trust
yourselves? Are you afraid that they will
produce an effect upon the people? Are you
afraid to trust the people? Are you afraid to
trust the power which is behind you and
which after two years will fill your places on
this floor? Why, L repeat, should this speech
not be heard? Gentlemen have said it-and
if, and if-somo great harm might be done
to the Government. But has great harm ever
been done by tho freedom OF debate in this
Hall? Have you really any fear Of results in
furious to the country! Or is this only pre-
tense under which is veiled your determiua-
ton 10 gather in and consolidate the opinion
of the country and prevent its wandering. in
the least degree, from the paths in which YOU
intend, if possible, to conduct it?


have said, Mr.. Speaker, that the expires
sion of an opinion in this Honsc under the
circumstances which l have described, proper
in time pertinent to the subject of discussion,
is not the subject of punishment. Over it
the House has no power either of expulsion or
of censure or cf criticism. The history Of
this body, the history of all free deliberaive
asse blies, with almost absoate uniformity,
shows that am correct. If there are excep-
tons they are but milestones which mark the
progress of free debate to its present perfec.
ton They point a moral beg gentlemen
net to forget 1t now.


The gentleman from Maryland, Mr. DAvis1
told US yesterday that 1t was not for the ex-
preston os al opigion, not even for entertain
ing it, that he proposed to exercise the puni-
tive powers of the House. He told US the
existence of that opinion and the evident in
tention of carrying into effect by his votes on
pending questions showed that my colleague
was unfit to be member Of the House. In
deed! is that true? 1 had supposed opinions
were for constituents. [ had supposed that
constituents were to decide whether thew
were wise and sound. 1 had supposed that
the Representative spoke their voice; that his
place upon this floor was their place, his rights
their rights, and that the immunties given to
him were given for their benefit and protec-
ton and not for his own. The entertaining
of an opinion and being willing to express it
herel it is that which makes my colleague an
UNIV orthy member Of the House is it? Sup
pose his constituents send him back, will YOU
again expel him? viii you enact again the
farce of the British House of Commons in
the case of Wilkes, and which after years of
trial it was obliged to give up. Entertaining
opinions makes him an unworthy member!
Why, sir, the opinion of one hundred thou
sand citizens are entitled to your respect; they
are entitled to BE represented here whether
you respect them or not; and the man who is
chosen to represent them holds a seat here as
your peer. When you expel him you disfran-
chise them w hen Won axnel the renresantn-