should be held as a precedent binding the A-greater pain to him, (Mr. V.,) but putting this merican Congress. They were told that the case, he would inquire whether the effect of powers of the House of Commons must be such an outrage would not be to destroy the sought through a long range of precedents ex- deliberation of that gentleman in the House, tending through centuries, but was he to be and to leave his constituents unrepresented? told that in a country where it was unconstituHe (Mr. V.) was ng lawyer, and would not, tional to pass any ex post facto law, these pre- therefore, pretend to argue this question as a cedents were to be held as justifying a similar legal one; but his conviction was, that the pricourse of conduct towards our citizens? The vileges granted to the members of that House, British doctrine had no more force within those were intended for the benefit of their constituwalls than the common law of England, as such, ents, and not simply for their own personal ac had force in the courts of the United States. commodation. He would, however, put one The cases named by the gentleman from more question, which, he thought, out to set Ohio, (Mr. VANCE,) might well be distinguish to rest the point of this attack on an individual ed from that now before the House; in those member of that House, being an attack on the there was a direct attempt to interfere with the proper deliberation of the whole body. He legislation of the House, to bribe members in would suppose that, upon a question of great. the discharge of their official duty, to buy their national importance-a question of paramount support of particular measures with money or interest and urgency-in which the votes should land-such an attempt by a forced construction be equal, or nearly equal; suppose, in this might possibly be held to be an attempt to cor- case, a certain decision was wanted by the Exrupt the House itself, and poison its legislation.ecutive, or by any of the contending parties of Was not that case, however, clearly distin- the country; would not the way-laying and asguished from the present? Here no bribe had saulting, by the myrmidons of party or of been offered; but at eight o'clock in the eve- power, one, or three or four, or any other ning, when the Houses were not in session, a number of their members, and the prevention member had had a rencountre in the street, and of them thereby from participating in the deli-, here was a motion made at once to incarcerate berations of the House; would not that, he the citizen with whom it had taken place. Un asked, be deemed an interference, and an outder such circumstances, Mr. P. repeated that rageous one too, with their privileges? Certhe utmost that he had expected was the ap-tainly it would, and it was no less so in the pointment of a committee to investigate the present instance. circumstances, and to report on the question; first, whether the House in such a case posses- of Mr. STANBERY was again read. 'sed the power to act, and if it did, then to inquire whether the charges were true, and whether the House ought to exercise its power. Under the views which he held respecting the powers of the House he must resist the motion of the gentleman from Ohio.

At the request of Mr. JENIFER the letter

Mr. JENIFER said, he could not have supposed that a voice would have been raised in that House in opposition to the resolution which had been submitted by his friend from Ohio, (Mr. VANCE.) He was in the highest degree. astonished that any one could consider the facts Mr. JENIFER rose, but gave way at the in-of this case as not amounting to a palpable and stance of Mr. VANCE. glaring violation of the privileges of this House. Mr. VANCE said, that cases were to be He quoted from the sixth section of the first found, in which an order was made that a com- article of the Constitution that provision which mittee of privileges should be appointed. Such exempts members from arrest during their had taken place by an unanimous vote of the attendance at the session of their respective House, and he believed that this was the first House, and in going to and returning from the time the proposition had ever been denied. It same; and for any speech or debate in either had always been accorded; a committee had House, they shall not be questioned in any other invariably been appointed, and the party charg-place.

ed had been examined before that committee. Mr. JENIFER proceeded in his argument, The gentleman from Tennessee, (Mr. PoLK,) to show that the privileges of the House had he said, had expressed, in the commencement been grossly outraged, but in so low a tone of of his remarks, an intention not to argue the voice that is remarks were partially inaudible matter in question; but he (Mr. V.) must say, to the reporter. He was understood to ask that he appeared to take his view of it in a whether, in the case of the gentleman from light which was very favorable to a certain side Ohio, (Mr. STANBERY,) not only the right of a of the question. He would not, however, dis-member of this House to freedom of speech cuss, at present, any subject which might have and debate had been questioned; but also, that a tendency to retard the action of the House; that member had been deprived of the privi he would merely make one suggestion, to lege of attending the House for the purpose which he begged to call the attention of the of discharging his public duties. He would House and of the gentleman from Tennessee. not comment on the facts as related by that If that gentleman should happen to be way gentleman. He had stated that he had been laid, assaulted, and knocked down in the pub-waylaid and assaulted; that in consequence, he lic street; and, in putting this case, he said, was unable to attend in his place; and under there was no gentleman in that House towards these circumstances he could scarcely conceive whom such an outrtge could be practised, with it possible that the House should be called up

character, by the law or the constitution. It pursued since the first institution of our governdid not appear to him (Mr. C.) necessary, in ment, should find it necessary, for the purpose order to maintain the intercourse betwixt that of accomplishing his evil designs, to still the House and the Executive, that the individual in voice of inquiry or complaint in that House question should be clothed with that special where the voice of the people ought to be allimmunity; he was not the only medium potent, and where, he hoped, it would never of communication betwixt that House and be suppressed: but let the case be supposed, the Executive; there were many other chan- that the Executive should wish to suppress it; nels by which that intercourse might be and how could his design be better accomplish. carried on. Such were the views which ed than by causing those who were known to be had operated on his mind on that occa opposed to his ambitious designs, to be waylaid sion; but they could have no operation here.—in the streets, and disabled from discharging It appeared to him, that if the House should their duties in that House, in defence of the adopt the course recommended by the gentle rights of their, constituents, and the liberty of man from Tennessee, they would apply the their country? Did members come to that House touch of the torpedo to this sanatory power of armed with daggers and pistols, or with a band Congress. Whilst they were deliberating, the of armed friends to protect them? No, they came mischief might be done-the offender led-there to speak the will and wishes of their conand his evil purposes accomplished. The destituents; to plead their cause and defend their liberate judgment and action of Congress might rights freely and fearlessly; but who would do have been prevented; and it would not heal up so, if they were to be exposed to the liability, the wound thus inflicted on the Constitution: it after leaving that House, of being assailed in would not bind up the broken integrity of the the street by the ruffian's bludgeon, and to be government, that that House should send its beat and bruised, and disabled, as their friend messenger in pursuit of the perpetrator of the from Ohio had been, and that for performing outrage. Why was the power lodged in their his duty in that Hall, as the representative of hands, but that the House might have the the people? If such was to be the state of means of self preservation-the power to pro- things, the situation of a representative would tect its own deliberations? If the course to be be little desirable. And would not the course pursued, was that recommended by the gen of the Executive to the lawless ends of amtleman from Tennessee, they might as well bition, under such a state, be plain and easy turn over the aggrieved party and their own vi. He did not speak of the present Executive; olated rights to the courts of the District. It he did not say that he had any cause to do so; was because those rights, and the integrity of but he spoke of what might happen; and for that House, when broken, could not wait for the prevention of which, the protective power the slow forms of justice, that this power was of that House over its members, was the surest, given to them. As had been well observed by the only effectual safeguard. Gentlemen would the gentleman from Ohio, it was not the privi-recollect that a period had occurred in the hislege of a member who had suffered violence-tory of our Government, which had been termit was the privilege of the people of Ohio; and ed the reign of terror, when the representaif that House denied to exercise the power it tives of the people had been publicly insulted. possessed-and he should show, presently, that He hoped that a reign of terror was not again even the gentleman from Tennessee admitted to occur, when a member was not to speak his the existence of this power-it was not to the sentiments in that House, but at the hazard of gentleman from Ohio that the injury would be being attacked in the streets by strong and done-for that gentleman, (said Mr. C.) has a armed men, and subjected to the most brutal spirit that will bear him above the indignity, if treatment.

cast upon him-but it is upon the people of I know not, Mr. Speaker, said Mr. C. but I Ohio, whom that gentleman represents here, may be the next victim of this bludgeon, for I that the blow will be inflicted, and for the pre- have seen the individual for days walking round servation of whose rights this power was given the House with the weapon in his hands; but to the House. He would put a case; and here at the hazard of outrage-aye, even of life, if he would tell gentlemen, that he spoke not of it must be; he would speak his opinions in that the powers in existence; he spoke of our go- Hall, on that and every other occasion. But if vernment, as it now, is, and as, he hoped, it the voice of the people was only to be spoken would ever remain; he spoke of man, as he is, there at the hazard of such treatment as the though clothed with the ermine of office,or ex-member from Ohio had received, where would alted by the dignity of station--a creature, frail our old Nestors be found, the boary men of wisboth in his judgment and feelings; and subject dom and experience? The young, the vigorous, to human infirmities and human passions; he and athletic, might come there; but those in would suppose that a case might occur, which whose breast the hand of age had impressed a the pages of history would tell them had occur design for tranquillity, those who, though unfitred, and which, therefore, might occur again; ted for physical contention, were the best to which had happened to others, and might, guide and instruct the councils of our nation, therefore, happen to us-he would suppose what was to protect them from the assault of that some ambitious individual, wishing to grasp the ruffian, if that House should withdraw from more power than the constitution allowed him, them its protection? Such men, living in peace and to depart from that track which had been and security in their own States, where the pa

the ground of a private quarrel, and he would injured associate. The members of that House have the House bear this in mind, but for discharging his duty in that chair. If the House could hesitate to exercise its powers in such a case, he should scarcely conceive it competent to entertain a charge of contempt against itself And what was the distinction betwixt this supposed case and the present one. The injured party, though not holding an official station in that House, was a representative, on its floor, of 40,000 American citizens-and surely the Constituents of that gentleman had as good a right to be represented there, as their fellow citizens, and as just a claim to a vote, on the important matters decided there; but how were they to enjoy these rights, if their representa tive was disabled from attending to his duties in that House?

were cut off from the society of their friends and relations; and they must naturally look to each other for support. Mr. C. concluded by saying, that if the House did not, in a generous spirit, exert its power in the vindication of the rights accorded to it by the Constitution, the time might come when the voice of the people would not be heard within those walls-when their wrongs and oppressions dare not be told in the House of Representatives. He had now stated the views he entertained on this subject; and he had done so from a wish to vindicate the constitutional rights of that House and of the American people, by securing to the mem bers of that House a proper immunity in the faithful discharge of their duties there.

Mr. DRAYTON commenced, by expressing If a party of strong men should lay violent his objection to a decision of any question inhands on several of the members of that House, volving topics of high and general importance, and bind them so as to prevent them from requiring a full, free, calm, and deliberate incoming there, would it be said that this was no vestigation, by a resort to the previous quesdisturbance of the deliberations of Congress, tion. He considered such a mode of arriving no inteference with its privileges? Would they, at a conclusion, on points affecting not only the in such a case, turn round, and tell their in- rights and privileges of the representatives of jured colleagues, it was a matter with which the people, but the liberty of the citizen also, they had nothing to do; that they must seek as at variance with the constitution. He was at their redress in the courts of the District? Was a loss, indeed, to conceive a subject more im. this the satisfaction we should offer the constit-portant, or which more required their delibeuents of those members, for having been de-rate consideration, than the present one. If prived of their voice in the councils of the na- that House could not debate uninterruptedly, tion? And what, he would ask, was the diffe- and without the apprehension of violence or rence betwixt binding a member, and beating outrage, on any subject before it, where was him so as to prevent the possibility of his attendance in that House.

the reason of their debating at all? Why not proceed to the question, at once, upon every subject upon which they might be called on to decide, without the formality of stopping to debate on facts?

He would beg of each gentleman, for a moment, to suppose that this outrage had been committted on his own friend or colleague; that for the discharge of his duty in that House, In considering the question, he considered that friend had been assaulted by a ruffian with that two inquiries were before the House. "The such a weapon, and so mercilessly beat that he first was, had the House the power to act unwas now laid on his bed with his bones broken, der the circumstances of the case? The sehis flesh bruised, and his character attempted cond was, in what manner the House should to be thus disgraced; let each gentleman sup- execute that power, if they possessed it? pose that it was his own friend or fellow repre- These two points, in bis opinion, embraced sentative who had been thus treated, and then the whole matter. In touching upon the first, ask himself if it was a remedy commensurate he must declare his solemn conviction that, to the wrongs of that friend, to turn him over when the day should arrive when freedom of to the courts of the district, there to await his debate shall be restrained, from that moment redress by the tardy process of the law. And the pillars of our constitution will totter-the he would tell gentlemen, that what had occurred temple will be destroyed, and, in its fall, the to the member from Ohio, might occur to any liberty of the country will be prostrated to rise one of them; it might occur to the honorable no more. He asked, then, if they would say gentleman from Tennessee, (Mr. POLK,) and that the freedom of discussion could be preno one in that House, would regret more served, if, for words spoken in that House, upthan himself, should it be that gentleman's on a subject of public interest, the person using ill fortune to become the victim of ruffian. them should be subjected to, and visited by, ism; no one more readily or zealously personal violence? Was an individual, for the to stand up to vindicate that gentleman's conscientious discharge of his duties in his rights and those of his constituents. He place there, to be subjected to outrage else would repeat it-what had happened to the where? Why, upon this principle, they might worthy member from Ohio, might happen to extend the impunity which would be granted, each and every one of them. If, then, the in case such an offence should pass with impusense of public duty-and of the rights of their nity, to cases where a representative of the peoconstituents-had been pleaded in vain, he ple might be put to death for his conduct in the would beg of gentlemen to suffer the voice of discharge of his public duty, at least so far as private friendship and of social feeling, to pre- the action of the House was concerned in its vail with them, to resent the wrongs of their prevention or punishment. Mr. DRAYTON went