Year: 1864

NO. 6.
my language was ''treasonable." This
word is used in common parlance, free from
the rigid rules of law. But I defy, any
man to find in American criminal law such
word as treasonable." Treason needs
no adjectives to define or construe its
meaning. It has its definition written by
the hands Of our glorious fathers In the
Constitution itself It is an unqualified
substantive, standing forth from the Consti-
tuition like mountain, that all may view its
dark outlines. This word. then, used with
such hot haste and indorsed by majority
Of this House with so little reflection, shows
that they would construct treason to suit
what they might consider the demand Of
the times, without regard to the demands of
the Constitution which they are sworn to
support, and without regard to the just
privilege of defense which they in my. case
ignored. It is pitiable when such acts are
done that they should be hastily done, and
inaugurated by that kind of ignorance which
knows not the force of language. The rule
which our fathers wrote in the Constitution
saved me from your expulsion, and saved
you from the stern and indignant rebuke
which would have brought back with me
from my patriotic and whole-souled constitu-
ents.


But you did not stop here your ven
geance was not thus to be thwarted. An
other resolution introduced by the member
from OHIO. Mr.. ScHENcK, and upon which
be cut off all debate by the previous ques-
ton, declared that I had used language
'nanifestly tending and intended to give
aid and comfort to the enemies of this coun-
try, and that was therefore an unworthy
member and should receive its censure.''-
The tendency which he considers SO mani
fest is an absurdity. What tendency it
would have to give the aid and comfort which
De speaks OF, for one solitary member in this
Hall with all others against him to show
himself the friend Of the enemy It must
cheer the heart of Jefferson Davis to. the
core to receive such great and efficient aid


Mr.. Upsos. call the gentleman to or
der. He is not discussing the question be,
fore the House. The resolution of censure
passed BY the House on the gentleman. bag
nothing 70 Do With the pending q


& The SpEAKER. The Chair ha


fahd dha Been fbe for the nin-
utes. If hethas been referring to the CEN.
sure passed on him by the House he is out
of order. s.l asss.-4 t5


Mr. SMITH. hope that the gentleman
will be allowed to take his own course and
not be confined to the pending question. q,


Mr.. HARR1E. of Maryland. The mem
ber from Maryland was accorded the priv
ilege of referring to other subjects than the
one under debate.


Mr.. FENroN. I call for decision on
that motion. .-1 s4f ,..s.


Mr. SMITH. The gentleman from Mary
land Mr. Davis and others have alluded to
matters not directly or strictly under con-
sideration. listened to their remarks with
pleasure. desire that the member from
Maryland Mr.. Harris shall be allowed to
proceed in the same direction. If he gets
so far out of order that it is necessary to
call him to order, no one will be quicker to
do it than myself; do not mean in viola
ton of the rules of the House.. but without
relevancy to the question under considera-
tion


Mr.. UpsoN l object s~f


The House divided; aud there were-ayes>
81, noes 81. -, "a


So the motion was agreed to.
Mr.. HARRIS of Maryland It is, not
very agreeable to address those who are uh
willing to hear me. although have nothing
to complain of as to the great attention
they give me. I have said nothing that
should offend them / alluded to the fact
they had not been willing to give me the
privilege of defense on the occasion refer
red to. and it seems they are not very viii
ing to give me an opportunity Of defense
now To show how insidious the charge Of
treason can be made aud how willingly sus
tained is not in my estimation so irrelevant
to the issue before the House as the gentle
men might suppose. The charge is made
in election cases to destroy the freedom Of
the ballot, and may be used here to abolish
the freedom of debate. But, sir. to the
other branch of the charge in the resolution
of censure Of the gentleman from Ohio.
Mr.. Schenck. 1t declares that my Ian
guage was manifestly designed to give the
aid and comfort spoken of to the enemies Of
the country. The member when he wrote
that could not know it to be true but I
know it to be utterly false. But it would
have been as absurd to utter language here
under the circumstances, with such design,
as it would be to suppose the language ut
tered would have the tendency which the
resolution charged. Designed Such .
thing never entered my mind. On that
day came into the House Unexpectedly