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MAY 7, 1832.]

Breach of Privilege.

[H. of R.

EVERETT stated that the reply of the department could should such an investigation be based? It should always not require much time, all the papers called for being be preceded by the allegation of some specific fact of merely copies of the contracts, the offers of individuals, malversation. If Mr. C. should see that, he pledged himand a statement of the quantity of papers, &c. paid for. self to vote for the inquiry; but he could not consent that That though it was true that there was no law directing the money of the people should be consumed on such an the department to advertise for the contract, yet the gen-investigation, without some distinct ground to believe tleman was mistaken in supposing it had been the prac- that something was wrong. Besides, at this late stage tice of that department to make private contracts for their printing. That, in 1827, the department did advertise: how the practice had been before that time, he was not

informed.

As to the labor that might be necessary to answer the call, he considered that a matter of very small comparative importance. If the affairs of the department were going wrong, the House ought to know it; but if they were all conducted with fairness and propriety, the inquiry would afford an opportunity for making that fact known to the House and to the nation. He then moved to strike out the whole of the motion now before the House, and insert a proposition for the appointment of a committee to examine the present condition of the Post Office Department, &c. &c., with power to send for persons and papers.

of the session, could the gentleman believe that such an investigation, if gone into, could possibly be completed? Did he remember that they were within four weeks of the usual termination of the session? The gentleman said that the grounds of his amendment had long been in his mind; if so, why did he not sooner bring them forward? Believing that no good could grow out of the proposed inquiry, and that the officers of the Government had some character to be preserved, he should vote against the amendment.

Mr. WHITTLESEY said he was in favor of the resolution, but he wished a much more extended inquiry gone into in reference to the affairs of that department of the Government. Gentlemen who support the administration had made the most frank and liberal professions (and none could be more rejoiced at witnessing them than himself) that they were ready and willing to go into such an Mr. R. M. JOHNSON said he had not expected such inquiry, if any gentleman would rise in his place and say a substitute to be offered by any member of the House, that he had reason to believe that there was mismanage- certainly not by a gentleman who, like himself, was enment in any part of the affairs of the Government. Mr. titled to be called a working member; a gentleman, too, W. said he was one who did believe, and had long been who had told him in conversation, and had told the House under the belief, that very gross mismanagement did exist in debate, that it was not worth while to call up any more in the Post Office Department; and he was desirous of of those useful bills for private relief, of which not less availing himself of the frank offers that had been made to than three hundred remained still unacted upon. Though introduce the resolution he had offered, proposing a more the honorable gentleman had labored in the preparation extended inquiry than that contained in the resolution of those bills, still it was now so late in the session that just offered by the gentleman from Vermont; and he hoped the gentleman had abandoned them in despair. Now, that the honorable gentleman from Kentucky, [Mr. JOHN- however, the gentleman seemed to wish to get up a dust. SON,] at the head of the Post Office Committee, with whose The House, he presumed, had not dust enough already. liberality of conduct and feeling every one was acquaint-There were not enough of exciting subjects before it. ed, would extend the same indulgence to an inquiry of The Bank of the United States-the trial which was this kind, which he had done in so prompt and ample a shortly to be resumed--the tariff-the apportionment manner on a late occasion. [When on the Bank Com-bill--the bill for internal improvements--all these were mittee.] not sufficient. The gentleman wanted a committee got up, who should inquire into matters and things in general, although a similar committee, appointed by another branch of the Legislature, had given up the chase in despair, after getting pretty near a cart load of documents. Mr. J. said he felt, and always showed so much respect for the very worthy gentleman as the chairman of one of the working committees of the House, and for the committee over which he presided, that he really thought the honorable member might show some little respect, in return, to him, and to the Post Office Committee. The gentleman seemed to wish to razee him; but how would he look when he was razeed, and set to act as a lieutenant Mr. CRAWFORD said that the amendment struck only in a committee that was inquiring into the affairs of him as of a most extraordinary character. A proposition the Post Office, with his honorable friend at the head of had been offered by the gentleman from Vermont to in-it as the chairman? He would, however, make a propoquire into a single contract--an inquiry into which he pre-sal to the gentleman. If the worthy member would postsumed no one would make any opposition; and now to pone his inquiry to the first week of the next session, Mr. such a resolution the gentleman wished to append an J. would consent to be his lieutenant, and then they would amendment, going to propose an inquiry into the whole see which would outdo the other as a working man in proadministration of the Post Office Department, and this secuting the inquiry to its consummation. without the allegation of a single fact. Only on the be- The hour for resolutions having expired, Mr. J. said lief of the gentleman from Ohio, the House was called to he would reserve the rest of what he had to say until tocast a shade over the reputation of one of the best offi-morrow morning. cers that ever existed in any Government. The gentleman would probably say that such was not his intention in offering the amendment, but Mr. C. knew too well that an inquiry of this kind could be wielded with some effect at the approaching election; and if it should be gone into, he would venture to predict that it would be so used. Why were committees of investigation ever appointed? It was only when some disease was believed to lurk beneath the surface which required to be probed to the bottom. But would that House institute a committee of investigation without any charge being first made? Would it raise a committee, with power to send for persons and papers, unless further proof were adduced to show that additional guards were needed to ensure a fair administration of the affairs of the department? On what

BREACH OF PRIVILEGE.

The hour of twelve, appointed for a further hearing of the case of Samuel Houston for an alleged breach of privilege, having arrived, the accused was brought to the bar; when he rose, and addressed the House in his own defence as follows:

Mr. Speaker: Arraigned for the first time in my life, on a charge of violating the laws of my country, I feel all that embarrassment which my peculiar situation is calculated to inspire. Though I have been defended by able and enlightened counsel, possessing intellect of the very highest order, embellished, too, by all that science and literature can bestow, yet it seems proper that, under such circumstances, I should be heard in my own vindication.

H. OF R.]

Breach of Privilege.

[MAY 7, 1832.

The charge which has been preferred against me is one accidental. We came together wholly unexpectedly on of no ordinary character. If I shall be convicted of having acted from the motive alleged by my accuser, lasting infamy must be the necessary consequence.

To my apprehension, the darkest dungeons of this Government, with all the pains and penalties of treason, present a trifling consideration when compared with that load of infamy which, under such circumstances, must attach itself forever to my name.

66

my part, and under circumstances of provocation, such as 1 am well persuaded no member of this body would ever brook. Did I attack him without previous challenge' No. Did I not apprise him that I was the individual he had injured? He had ample time to place his hand upon his arms, which he did! I was unarmed. Sir, has this the semblance of assassination? However culpable my conduct may, by some, be considered, the crime of lying What is the nature of the charge? I am accused of in wait had its existence only in the imagination of my ac lying in wait, for the purpose of depriving a fellow-man cuser. The honorable Senator from Missouri [Mr. Buck of the efficient use of his person, if not of existence itself. NER] has testified to the House that I was not apprised Sir, can there be a greater crime? Who, but a wretch beforehand of any such meeting-that it was purely acci unworthy of the name of man, could ever be guilty of it' dental, and wholly unexpected that the action took place I disclaim, utterly, every motive unworthy of an honora- under a heated state of feeling, and was prompted by his ble man. If, when deeply wronged, I have followed the arraigning me, before this honorable body, and his subsegenerous impulse of my heart, and have thus violated the quent outrages upon my feelings and character! laws of my country, or trespassed on the prerogatives of It has been said by my accuser that the attack made this honorable body, I am willing to be held to my respon- upon him was for words uttered in his place. It is true sibility for so doing. No man has more respect for this that he had laid before the House a charge of corruption, body, and its rights and privileges. Never can I forget in which my name was implicated; but it was not for the the associations connected with this Hall. Never can I words he uttered here that I assailed him. It was for publose the remembrance of that pride of heart which swelled lishing in the Intelligencer libellous matter, to my injury; my bosom when finding myself, for the first time, enjoy- such as no member of this honorable court, who is coning those privileges, and exercising those rights, as one scious of the rights of an American citizen, would ever of the representatives of the American people. Whatever tamely submit to. It was for a false and libellous matter, may have been the political collision in which I was oc- published in anticipation of its regular place" in the decasionally involved, whatever diversity of feelings may bates of this House. After having been "blasted" by the have for a moment separated me from some of my asso-stroke of adversity, and hunted from society as an outlaw, ciates, they have never been able to take away that re- to be now libelled for corruption, and charged with fraud spect for the collective body which I have ever proudly upon the Government, is too much to endure! Could the cherished. The personal associations I have enjoyed with human mind brook it? Could I submit to this, I should many of those I now see around me, I shall ever remem- indeed think that I was a man not only of "broken for ber with the kindest feelings. None of these things, how-tune," but of "blasted reputation." It is well known that ever, are to operate as the smallest extenuation of my a private citizen has no opportunity of reply to an attack offence that shall be proved against me. All I demand that may be made upon him on this floor. It was for the is, that my actions may be pursued to the motives which publication of such an attack-for the publication of a gave them birth. Though it may have been alleged that charge which has here been disproven, inasmuch as no am "a man of broken fortune and blasted reputation," I testimony has been adduced to support it. It was for this never can forget that reputation, however limited, is the that I assailed the member; and I now assert that his charge high boon of heaven. Perhaps the circumstances of adver- is groundless. The proof has failed. The proof was on sity, by which I have been crushed, have made me cling to him. I was not called on to prove a negative, though I the little remains of it which I still possess, and to cherish was prepared to do it. After an attack like this had been them with the greater fondness. made on my good name, with all that respect for the pri Though the ploughshare of ruin has been driving over vileges of this House which I have ever felt, and which me, and laid waste my brightest hopes, yet I am proud to arises from the conviction that they have been entrusted think that, under all circumstances, I have endeavored to to it for the public good; although I considered the publi sustain the laws of my country, and to support her insti- cation false and libellous, I was induced, by my respect tutions. Whatever may be the opinions of gentlemen in for this body, not to look upon him as a private individual relation to these matters, I am here to be tried for a sub who had wronged me, but as a member of this House. I stantive offence, disconnected entirely with my former therefore addressed to him a note. It was my privilege life or circumstances. I have only to say to those who re-to do so. However humble I may be, and however blast buke me, at the time when they see adversity sorely ed in the estimation of some gentlemen, it was still my pressing upon me, for myself privilege, in common with the humblest citizen that treads American soil, to address an inquiry to the honorable member. I asked of him, respectfully, and in language to which none can object, whether that publication was In support of the charge on which I am here arraigned, his, and under what circumstances it had been made. Sir, I ask, what facts have been adduced to prove either my he did not deign to reply; but, proceeding on his own a motive or my course of action? I am well aware that this sumption that I was a man of "blasted reputation," he honorable body, in the incipient stages of this prosecution, would not condescend, nor even stoop from the lofty acted under the allegation that I had been guilty of a very height of his official dignity, to notice me, a mere private great outrage-that I had been lying in wait, and had individual. The terms in which he couched his refusal been guilty of an attack upon an unarmed and helpless

man.

"I seek no sympathies, nor need: The thorns which I have reaped are of the tree I planted; they have torn me, and I bleed.”

I

Sir, had I contemplated any such attack, I should have been prepared for the purpose. Had I thought it possible that, in walking on that avenue, I was to meet an individual who had aught against me, and was disposed to redress the wrong by a personal rencontre, should I have been found in the circumstances in which I was? Was armed? Was I lying in wait? What says the testimony? My meeting with the member from Ohio was perfectly

I

were of the most insulting character. He declared that I had no right, after all that he had said, to make even a request for explanation. This was assuming higher ground than that of his privilege. It is the right of all-of the lowest and the humblest-to request an explanation where they are personally concerned. But this was denied me. That universal right of petition which is guarantied by the constitution to all the people of the United States, on which right my application was based. This common, this s cred, this wise, indefeasible privilege was refused to an

MAY 7, 1832.]

American citizen.

Breach of Privilege.

sal excite in every manly bosom? It was, in substance, saying to me, although I have injured you without provocation, and in the most public manner, you have no right to inquire any thing about it, and I shall continue to do the same thing till your reputation is completely degraded and sunk.

[H. OF R.

What indignation would such a refu- 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 Of the nature of the accusation, and the manner in which House places himself out of the protection of this privihe sustained it, I need not remind this honorable court. lege by trespassing on my rights, I shall view him in his My accuser declared, in reply to the first interrogatory individual capacity, and deal with him as with any other put to him, that it had not been his object to impute a private man. But I will never trespass on the privileges fraud. On afterthought, however, he changed his posi- of this House; I will never assail a member of this House, tion, and avowed his belief that I was a guilty man. Still while he represents the American people; nor will I enrelentless, still resolved to sacrifice his victim, he bore croach on any privilege which belongs to gentlemen as down upon him with all the weight of his official station. such. I need not say that there exist, in this Government, Although the individual had withdrawn himself from civi- three distinct co-ordinate branches. Every gentleman lized society, still he must be pursued, and hunted, and knows what they are. And, in respect to one of them, blasted! With what? With truth? With fact? No. With Congress have declared what shall, and what shall not, be surmises--with suspicions-with hearsays, and affidavits. considered as a contempt. They have declared that a But did these proofs, such as they were, exist at the time judge shall be protected in the duties of his office; but, his accusation was made? Not at all. He made the charge when he steps from the high-function of administering the on a mere vague rumor; but, as a means of inflicting a laws enacted by this body, and its co-ordinate branches; more deadly stab, he gave in the names of men who had when he leaves the judicial seat, and lays aside the judidisclaimed the truth of their own declarations--names of cial robes, then his privilege ceases. If, then, we may which I need not say much. reason from analogy, in deducing the rights of this body, I am not curious to speculate much on the affidavit it seems reasonable to suppose that they do not transcend which has been produced to the House-a matter which, those of a co-ordinate branch of Government; and if not, in its origin, for the honor of all concerned, had better then it is idle to say that, when this body has adjourned, been left to sleep in oblivion--a matter conceived in ma- its members remain under the protection of their privilice, matured in corruption and perjury, and introduced lege, and that it goes with a member, and remains with here in a manner most mysterious. He who made the af- him, while outraging the rights of citizens. fidavit instantly fled. I trust he may be the scapegoat Where is the privilege? Show it to me, that I may obey who will bear the sins of his association in this transaction the law. I am told that it is undefined and undefinable, to the wilderness. It would be unnecessary for me to dwell and that it is to be regulated by your discretion alone. If longer on the subject of this affidavit-the time at which such a discretion is in your hand, the power of punishit was obtained--the circumstances which preceded, at- ment must extend to life itself, and that over a man who tended, and those which followed it. When the indivi- has not, in any way, interrupted your deliberations. If dual sought to insinuate himself into my favor, after hav- you can arrest him, you may not only fine him, and impriing previously injured me, when he sought my forgive-son him, but you may inflict upon him torture and death. ness for past offences, I forgave him generously: and this Sir, tyrants have made laws, and, in enacting them, have is the requital! had no regard to graduating them in proportion to the Mr. Speaker, I cannot be insensible to the situation I offences punishable. By one of these tyrants all offences occupy before this honorable court-a situation well cal-were made capital. Draco determined that, for a small culated to inspire alarm and solicitude on my part. In the offence, a citizen deserved death; and, as nothing more nature of the accusation, there is matter cognizable in the than death could be implicated for the greatest, the puncourts of the country. I am arraigned here for the offence ishment of all crimes became equal. If this body will of having redressed a personal wrong. I am charged with publish its privileges, and graduate its punishments, then not having respected the rights of this House; yet I am not we shall know what to fear, and how to avoid transgresallowed the judgment of my peers. I can claim no equa- sion. Caligula enacted laws: they were not for the purlity with the honorable members of this House, whom I see pose of regulating his subjects, but of entrapping them. Their station has raised them far above me. He might as well not have exerted his legislative power, I am only a private citizen. Thus situated, who are to be but left his action solely to the government of his wanton my judges? Those who form a party to this accusation. caprice. But he was adjudged a tyrant and a monster for How unequal the contest! and how hopeless must inno- punishing men for transgressing a law which they could cence itself be, if such a court were pleased to demand a not know. For it is the conscience and motive of men victim! I know there is no such purpose here. The ho- which alone give turpitude to their actions. nor as well as the integrity of gentlemen would withhold The ground has been assumed by some gentlemen, that, them from it. But, behold the influence which may be if the House neglected to punish in such a case as the preexerted against me! I see no judge upon the bench, with sent, its legislation might be exposed to danger; that compower to instruct the jury as to the law of the case; I see panies might be organized--conspiracies formed--and no accuser, and no accused, standing side by side before mobs collected, and thus the measures of the House be that judge! I am arraigned before a court which is stand-effectually controlled. Sir, I must enter my protest against ing on its own privileges--which arraigns me in its own the application of any such argument to myself. My disAnd thus situated, I am tried for the commission of position has never been factious, my conduct obstrepea most flagrant crime--for insulting the whole American rous, nor my feelings malignant. It is said that honorable people, in the person of one of the members of this body. gentlemen must be protected. I grant it. I would fall in Yet I have violated no law, I have transgressed no precept the first ditch when their persons were assailed. I would known to the people of this land. If I have violated any be the last to entrench myself behind it. I feel that, as a privilege, that privilege must be somewhere declared. If patriot, it would be my greatest glory to defend their priit exists at all, it lies as a little spark deeply covered; not vileges as sacred: but let it not be forgotten that the citieven the smoke of it has appeared. It is a privilege which zen, however obscure, and however ruined in fortune, has the American people do not know; and I demand, on their privileges too. It is his privilege to earn and to wear an behalf, to know what it is. I shall bow to that privilege honest name--to deserve and to enjoy a spotless repu

around me.

case.

H. or R.]

Breach of Privilege.

[MAY 7, 1832.

and the American people witnessing it shall acquiesce in the assumption, I shall bow to their will with the most reverential respect.

to the very shadow of the authority of the House, so long as my resistance could be construed into contempts of the representatives of the people of the Union.

tation. This is the proudest ornament that any man can wear, and it is one that every American citizen ought to press tenderly to his heart; nor should his arm ever hang nerveless by his side when this sacred, brightest jewel is I trust I shall exhibit the same submission as has distinassailed. When a member of this House, entrenched in guished my conduct throughout this trial. Although the his privilege, brands a private citizen, in the face of the officer sent to arrest me could never have effected his purwhole nation, as a fraudulent viliain, he forgets the dig-pose without raising a posse, I bowed, and ever shall bow, nity of his station, and renders himself answerable to the party aggrieved. Are honorable gentlemen to send abroad their calumnies unquestioned? Are they to use the privilege which they have received from the citizens of this I conceive that the House had no right to deprive me country as a means to injure the citizens? If gentlemen of liberty, and arraign me at its bar. I shall treat its will disregard the ordinary rules of decorum, and use, in their with profound respect; and should its will inflict upon me place, language injurious to individuals, can they expect a heavier penalty than even the law itself would pronounce, to be protected by privileges which they have forfeited? I shall submit willingly to whatever it may adjudge. But if honorable gentlemen will respect themselves, and I have lived to sustain the institutions of my country, will not travel out of the limits of legitimate debate, for and I will never treat either them or the functionaries of the purpose of gratifying private pique and personal hos- its Government with contumely. Yet it is my opinion that tility, they will find a wall of fire around them for their the right has been assumed without legitimate authority, protection. The breast of every true-hearted American and that the American people, when they come to look will glow with zeal in their defence, and will bow to their at the proceedings, and see how directly it strikes at the privileges with reverential gratitude. They will be sur- liberty of the citizen, will never approve of the usurparounded with an impenetrable bulwark, such as no armed tion. To tell that people that their servants, when acting hosts, nor the massy walls of this capitol, could ever sup-in a private capacity, are protected by an undefined pow ply. It is a moral rampart--a defence that will last while er, resting in the breasts of men who at once exercise the time endures. As long as members respect the rights of functions of accusers, witnesses, prosecutors, judges, and individuals, individuals will respect their rights; nor will jurors, will excite their astonishment; and, unless I am they ever lose this safeguard until they shall abandon that mistaken, they will deem it an awful revelation of usurped mutual respect which the citizens of a republic owe to and dangerous power. each other. Can gentlemen expect to enjoy particular immunities, when they cease to act according to the high station they occupy, and degrade themselves by the use of language such as it does not become the proud spirit of freemen to suffer? Let them be assured the American people will never dishonor themselves by approving the voluntary degradation of their representatives.

It is certainly a matter of some magnitude that the privileges of the House, so strenuously asserted, should be defined. The power assumed by this court is a higher power than that claimed by a British Parliament. I dis like precedents where the rights of a citizen are at stake. They cannot bind as when drawn from British history, because our constitution and laws are dissimilar to those This honorable body claims to exercise a privilege which in England. The privileges of Parliament, however, are in is undefined and incomprehensible, but gentlemen have some degree defined by the laws and precedents of that not been able to lay their hand on any part of the consti- country, and if they were binding, I should yet be acquittution which authorizes their claim to such an extraordi- ted, even on their own ground, for the most distinguished nary prerogative. The attempt to support it rests upon jurists of England, men who have devoted their whole analogy only-an analogy connected with the powers of lives to the study of her constitutional laws, have expressthe star-chamber, that worst excrescence of a despotic ly decided that when a libel uttered by a member of Parmonarchy. For centuries the citizens of England, to their liament is published by him, the act of publication places lasting disgrace, cowered and were crushed beneath the him out of the protection of his privilege. In the esta political Juggernaut, the almighty and unquestionable pre- blishment of this position I am entrenched in authorities, rogative of the King--a prerogative which claimed that as distinguished and unquestionable as any that can be rethe King's court existed wherever the King's person was lied on by gentlemen on the other side. And surely it found; and its prerogative to punish for contempts was to cannot possibly be supposed that this court has a right to be exercised at his pleasure, and was an engine of cruelty exercise powers which the Parliament of England does not and oppression. They submitted to a privilege which claim for its members, though they are lords and dukes. was every thing when it was to be exercised, and nothing The nations of the old world are looking for your decision. when it was to be defined and investigated--a privilege A great principle is involved. The liberties of more than which floated as a vague fancy in the imagination of a twelve millions of souls are at stake, and my chief regret British monarch, and was carried into effect by his despo- is, that, on so weighty a subject, I am so incompetent to tic arm; in the exercise of which the subjects of the Bri- the task which has fallen to my lot, and that I do not pos tish realm were, without law, distrained of their liberty, sess those abilities which would enable me fully to show imprisoned, fined, pilloried, whipped, and pilloried again. what blessings on the one hand, or what curses on the Gentlemen have admitted that the power they claimed other, must flow from the decision to which this House is not found in the constitution: then where is it? There shall arrive. While the people of other nations are con is no king here to fancy his own high prerogative. We templating all that is sublime and beautiful of govern know no royal majesty in this country, to be preserved at ment, as exhibited in the American constitution; while the expense of the rights and liberties of the citizens. On they look to her fair plains and her fruitful valleys as a what ground, then, was the privilege placed? On neces- land of refuge for the oppressed, a sacred sanctuary which sity? the plea of all tyrants, the hackneyed engine of des- stands ready to receive and protect those who fly from potism. Who ever heard of a right higher than the consti- shores polluted by the influence of despotism; while the tution? All the powers of this court are derivative. They hope of the philanthropist is full blown, and all eyes are exist only as they have been defined and regulated by the directed to this land as the land of human promise, shall people. Whatever is not so granted, is the assumption of it be told that there exists in the midst of us a privilege an extraordinary prerogative. If the power is not in the constitution, then it is reserved to the people, and the assumption of it is an encroachment upon the rights of the citizens. If, however, the court shall assume this power,

regulated by no law, and of so mysterious a nature that the citizen of this republic knows not when he violated it? Publish this fact among other nations, and none will think of flying to a country where even their personal liberty

MAY 7, 1832.]

Breach of Privilege.

[H. OF R.

must depend upon caprice, and must lie at the mercy of a it reflows again to the centre, and there settling, it gene. principle purely tyrannical-for, whether exercised by rates a tyrant. Sir, it is thus that tyranny arises--a Senate one or many, the principle, I repeat, is tyrannical. It is grows corrupt like that of Rome-men become its memcapricious, and, in its practical effects, may become cruel bers who look with a deep, intense burning interest to the in the extreme. So long as the security of the citizen possession of power; their constant cry is for power--give rests upon defined laws, although the punishment attach- us more power--we want rank, and ribbons, and titles, ed to their transgression may be very severe, still, if both and exclusive privileges! It is such men who bowed their law and punishment are clearly laid down, and publicly knees to Pompey, hailed triumphant Cæsar, and tendered known, the law may be obeyed, and the punishment him the sceptre. It is true that Cæsar grasped at it; but avoided. But it will ever be found that men have an in- he never could have clutched it, had there been an upherent love of liberty, and an inborn sense of the value of reputation, which never can be made to yield to any authority.

"There is a bright, undying thought in man,
That bids his soul still upward look
To Fame's proud cliff;

And, longing, look

In hopes to grave his name
For after ages to admire,
And wonder how he reached
The dizzy, dangerous height,
Or where he stood, or how."

This is the spirit which animates and cheers men in pursuit of honorable achievements!

right, honest Legislature, faithful to virtue and to Rome. England has had her Cromwell. But why? Because a despot had previously reigned whom conspiracy had stricken down; and because a Parliament, although the idol of the British people, had become radically corrupt, and, instead of supporting and purifying the throne, had hurled it to the ground. Cromwell's hopes were then young: he commenced with that lowliness which is ever the policy of young ambition, but soon he walked, he marched, and, in the end, seized upon a throne, not lower than that of the Autocrat of all the Russias. Never would he have been crowned Protector had not the Parliament of England Apprehensions seem to be entertained by members of been first corrupted. He reared the protectoral throne this House, lest violence should some day be employed to on the necks of a base and servile Parliament, who tameabridge this honorable body in the enjoyment of its rights; ly brooked the indignity which dastards deserved. An and precedents have been referred to to show that the de- honorable gentleman had alluded to the Constituent and liberations of a Legislature may be controlled by armed National Assembly of France. What legislative bodies mobs! One gentleman seemed all alive to the prospect could have been more corrupt than they? If the galleries of these dangers: and gentlemen, in the progress of my dictated the law to those bodies, why was it? Because case, have talked about the Government being overthrown! they themselves had usurped the power they exercised-They have spoken of the designs of tyrants. They have and terror struck the hearts of men who had no home, no conjured up the spectre of a Chief Magistrate who may country: for where there is no security to the citizen, there have his bullies and his myrmidons, and may employ them is neither home nor country. Bonaparte was used to say to carry measures in this House, by practices the most ne- that it was not he who seized the thrones of Europe, but farious. Sir, I trust I shall never see that day arrive; and it was the people of Europe who had thrown themselves I hope that those who are much younger than I, may under his feet. But the fears of gentlemen are groundnever witness its fearful reality. But while gentlemen less. Those who crowd the lobbies of an American Leseem so greatly to dread the tyranny of a single individual, gislature are too enlightened, too patriotic, ever to insult and appear to consider it as a matter of course that it must the members of their own House of Representatives. Let be some Cæsar, some Cromwell, or some Bonaparte, who the House do its duty, within the constitution, and they is to overthrow our liberties, I must beg leave to dissent will find, throughout every portion of this people, a spirit from that opinion. All history will show that no tyrant of the deepest reverence to sustain their rights. I submit, ever grasped the reins of power till they were put into then, to this court, whether gentlemen who have presenthis hands by corrupt and obsequious legislative bodies. If ed so many hypothetical cases, and indulged so many I apprehended the subversion of our liberties, I should vague fears, have not disquieted themselves in vain. Some look not to the Executive, but to the Legislative Depart- of the gentlemen have thrown out the idea that probably

ment.

they themselves might be the next victim for immolation; The whole history of Greece furnished ample lessons of that some rude, ferocious bully might assault them for the instruction on this subject. And when Cæsar trampled on remarks they had offered on the floor. If these remarks the liberties of his country, it was because a corrupt and were intended to refer to me—although the gentlemen, factious Senate had placed the sceptre in his hands, and no doubt, thought they were doing me nothing more than tendered him the crown. The same thing had been done sheer justice, yet I can assure them that I have not meritboth in Rome and elsewhere; not because one man was ed such a reproach at their hands, and I think that the strong enough to conquer the nation, but because the na-hearing of this cause, and the summing up of the evidence tion made their liberties a footstool-encouraged and in- by my counsel, may be sufficient to prove that such fears vited him to place his feet upon their necks. Men never are groundless. I have never thirsted for the blood of my can be conquered so long as the spirit of liberty breathes fellow-man. I never have been engaged in riots, or guilty in their bosoms; but let their Legislature once become cor- of bullying any man. I have never interrupted any offirupt and servile, then the freedom of the people becomes cer of the Government in the discharge of his duties. I an easy prey. It is to be hoped that the frequent elec- have never been the advocate of bullies, or the representions secured by our form of Government may save us tative of blackguards. I never sought to inspire the from this fruitful source of ruin; but if the term of our re-fears of any one by superior physical force, nor have I ever presentatives' office were for life, we would be in fearful assailed any one unless when deeply wronged. I would danger of sharing the fate which has happened to all re- willingly give my life as the guaranty for the protection publics before us. The process is easy and natural! Laws of the members of this House. I would be the first to are first enacted, which trench but a little on the people's protect them, the last to insult their feelings or to violate liberties--these are suffered to pass. Then other laws the sanctuary of their persons. It was deemed necessary are enacted, which go a little further-men begin to find to issue a summary process for my apprehension, and it that power is rallying to the strong point, from which fa- was openly maintained that my conduct most richly devors are liberally dispensed. They seek those favors, and served punishment. I submitted. I made no resistance thus become gradually corrupted. The corruption which to that process. I submitted, and shall ever submit, to the has begun at the centre, flows, by degrees, to the extre- decisions of this House. Yet it has been deemed not sufmities of the State, from whence, by a natural reaction, ficient to rely on the constitution, and on privileges VOL. VIII.-177

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