524
WRITINGS OF 5AM HOUSTON, 1847
power that did not belong to them, and that was nowhere given either by the Constitution or the laws of the country. This thing of "privilege" had never been defined by any law of Congress. So far, then, as the rights of individuals and the rights of members of this body were determined, it was simply by reference to precedents-and precedents derived from English laws and English decisions. If he apprehended aright the privi- leges conceded to members of such bodies, it was a privilege that secured them at all times the power of discharging their duty. They were not liable to civil process so as to prevent their attend- ance in this body. They were not to be held accountable for any vote they might give in this body on any subject. But he could not conceive that the Constitution ever designed to throw around any member of this Government a mantle to protect him against the expressions of the influence of public opinion. The judicature of the country was the proper resort for redress for libel. But if this vague and undefined privilege was to rest on their own opinion and their own decision, they became not only accuser, ·but judge, jury, and everything that was necessary to the inflic- tion of punishment. In this case they had assumed all this power to be in themselves, while in fact they had no general power or right to inflict any punishment on an individual. Had it not occurred to Senators, too, that it was a doubtful exercise of power to punish an individual for an offence which was not defined by law? If they had a person bearing to them the relation of con- tractor, and the Senate have excluded him from their Chamber and the privileges he prossessed as such contractor, they must have some reason for so doing. And ·what was it? Was it that slan- derous words had been published of the Senate, and words abusive of its character and dignity? or was it that, having the power, they had exercised the right of excluding their printer without an investigation into the merits of the accusation? Certainly no investigation had taken place on this occasion, nor any examina- tion into the facts. If they had thus the right to exclude, they had the right to punish by other means than expulsion. If the printer to this body had acted inconsistent with his character and relations to that body, it would have been very easy to have referred the matter to a committee, by whom he could have been heard in his defence and witnesses examined. Mr. Butler rose and asked permission to say that he distinctly submitted a proposition to refer the matter to a committee, but it was declined by Mr. Ritchie's friends.
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