WRITINGS OF 5AM HOUSTON, 1831-1832
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be somewhere declared. If it exists at all, it lies as a little spark deeply covered; not even the smoke of it has appeared. It is a privilege which the American people do not know; and I demand, on their behalf, to know what it is. I shall bow to that privilege when it shall have been defined, and when it shall have become constitutional, by the people's acquiescence. But where there is no law, there is no transgression. I admit that the members of this House have privileges, and that their persons ought to be protected, because they represent citizens of this republic. On those privileges I should be the last to encroach. But, when a member of this House places himself out of the protection of this privilege by trespassing on my rights, I shall view him in his individual capacity, and deal with him as with any other private man. But I will never trespass on the privileges of this House; I will never assail a member of this House, while he rep- resents the American people; nor will I encroach on any privilege which belongs to gentlemen as such. I need not say that there exist, in this Government, three distinct co-ordinate branches. Every gentleman knows what they are. And, in respect to one of them, Congress have declared what shall, and what shall not, be considered as a contempt. They have decla1·ed that a judge shall be protected in the duties of his office; but, when he steps from the high function of administering the laws enacted by this body, and its co-ordinate branches; when he leaves the ju- dicfal seat. and lays aside the judicial robes, then his privilege ceases. If, then, we may reason from analogy, in deducing the rights of this body, it seems reasonable to suppose that they do not transcend those of a co-ordinate branch of Government; and if not, then it is idle to say that, when this body has adjourned, its members remain under the protection of their privilege, and that it goes with a member, and remains with him, while out- ra,g-ing the rights of citizens. Where is the privileg-e? Show it to me, that I may obey the law. I am told that it is undefined and undefinable, and that it is to be regulated by your discretion alone. If such a discre- tion is in your hand, the power of punishment must extend to life itself, and that over a man who has not, in any way, inter- ruoted your deliberations. If you can arrest him. you may not onlv fine him, and imprison him, but you may inflict upon him torture and death. Sir, tyrants have made laws, and, in enacting them, have had no regard to graduating them in proportion to the offenses punishable. By one of these tyrants all offences
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