MAY 11, 1832.] Case of Samuel Houston. [H. OF R. lence, and blows of the assailant, or resist them. He was in reference to the great and important facts involved in able to draw a pistol, but not to discharge it at the assail- the policy and administration of our Government. ant, who, at a blow, fractured the bones of his extended All these debates are, by the untiring diligence of the hand, snatched this weapon from him, and, securing him- press, conveyed over our wide country, and brought to self from all danger, continued to multiply blows upon the eye and the ear of that people for whose use and benethe arm, side, and naked head of a prostrate and defence- fit their representatives in this House have made them. less man, until, nearly insensible, he ceased to struggle; Look, sir, to your right and left, along the whole margin and then, either fatigued by the violence, and satiated with of this floor. By what manner of men are you now flankthe brutality of his own vengeance, or startled from his ed? Not yet by armed soldiers, planted there to overawe prey by the collecting people of the neighborhood, or deliberation and silence debate; but by the peaceable chilcautioned by the voice of the man who had stood with him dren of the pen, seated at their desks, to catch the living before the onset, and stood by him, silent, until, as he has voice before it dies on the ear, and embody in the endurhimself told us, the gentleman from Ohio "was badly hurt, ing page the thoughts which, without their labors, must or perhaps killed,” he hastened away from the scene and perish with the sounds that have given them birth. These the victim of his savage outrage. Thus, sir, was a citizen men, whom you now see so diligently following the speakof the United States, a member of this House, a repre- er, all of them in their appointed vocation, serve at the sentative of the American people, suddenly set upon by altar, and are a part of that devoted priesthood of freedom, the respondent, in the night time, in a peaceable avenue who, consecrated by patriotism, do, by the labors of the of this city, within a few hundred yards of this capitol, press, preserve in our country the purest and brightest and by him beaten, bruised, wounded, and left almost dead. fires of liberty. Sir, permit the man who is now under By a resolution adopted by a vast majority of this House, accusation and trial in this House--permit him to succeed the respondent was, on the 15th of April, arrested, and in establishing what is set up in his defence, and these men brought to trial for this offence. The battery, as I have must give up the privileges of the pen, the rights of the stated it, has been proved by the testimony of the gentle- press, shut together their portfolios, retire from the scene, man from Ohio, by the testimony of the Hon. Mr. Buck- and relinquish the labors of their public service. This NER, of the Senate, and by the confession of the respond-Hall, so long vocal with the inspirations of freedom, may ent himself, in his written answer to the whole allegation become a council chamber, a silent divan of a more than against him. It is also proved, and in like manner admit-Turkish despotism. His Reis Effendi, or Grand Vizier, ted, that this battery was done by the respondent upon will, doubtless, be sent here for supplies; for the form of the gentleman from Ohio, for words spoken by him in the the constitution may remain when every principle of its course of debate in this House, and for the publication of vitality is gone; and if the demand for appropriations shall those words, so spoken, to the American people. If the not be speedily satisfied, heads enough will be taken from respondent be justified in this act, then that freedom of this House to secure success to the next requisition for speech which the people have, by their own constitution, money. Sir, although our institutions may not perish in secured for their representatives in this House, and that a day, yet will this violence; inconsiderable as gentlemen freedom of the press which, by the same constitution, seem to regard it, if not removed from their very root, it they have secured for themselves, and which cannot, by will finally bring them down withered and lifeless; and any law, be even abridged, may be wrested from them by the people, who have been glad and rejoiced under their that violence which sets all law at defiance. shadow, will be left, like the prophet, uncovered and Much as freedom of speech may accidentally or other-without a shelter. wise be abused, and however unabridged freedom may, Permit me, then, sir, to examine that which is set up in. at times, degenerate into a licentiousness of the press, they defence of the respondent, both in regard to the facts, and are both vital to liberty, and furnish that food which feeds the principles by which it is sustained. In passing through and sustains it. Among the great questions which come this inquiry, I shall call your attention to those provisions up here, is the constitution, the political law established of the constitution, and those maxims of paramount law, by the people, giving existence, and conferring appropri- by which the people, intending their rights should want no ate powers on the great commonwealth of these United safeguards, have secured freedom of speech to their repreStates. Here, too, are debated all laws enacted by Con- sentatives, and freedom of the press to themselves. The gress under the powers conferred by the constitution; respondent has, by his counsel, placed his defence on two whether made to establish and reward the public service; grounds; so that, if he should lose one, he may be enabled to raise and appropriate the revenue; to regulate foreign to hold the other. In the first place, he tells us that the and domestic commerce; to preserve or dispose of the gentleman from Ohio did, both in debate in this House, national domain; to secure and establish the relative rights and in the publication of that debate from the press, charge of individuals or States; or, finally, to do justice to all him with a concern in a contract, which, if it had been those who come to their country to obtain compensation finished and carried into operation, would have been for all unsatisfied claims against the nation. In this Hall, a fraud upon the nation; that he, the respondent, had no too, are often debated the more important and, stirring concern in that transaction; and, being injured by that questions touching the political rights, as well of this Go- charge in his honor and character, and having no other vernment as of those of the several States, and of the citi- remedy in that behalf, he did do the battery, as alleged, zens of the United States, in relation to each of these Go- on the gentleman from Ohio as a punishment for that invernments, and to those of other countries, under that jury, as well and lawfully he might. We are next told by great universal code-the law of nations. This House, the respondent, that although he has committed upon the as the high inquest of the nation, is, moreover, frequently person of the gentleman from Ohio a most grievous batcalled into debate concerning the numerous public officers tery, and done this to him for words spoken by him here appointed by the Executive to employments in the cus-in debate, yet this House holds no constitutional power to toms, the land offices, the post office establishment, the call him in question for this deed; but that the represenIndian affairs, the diplomatic relations; and we are com- tatives of this nation are guilty of a flagrant violation of pelled to examine their duties, their services, their fidelity, his personal liberty, the most sacred right of American and their compensation. This House, sir, has ever been citizens, in arresting and bringing him here for trial. So the great school of popular inquiry and information; be- that the respondent does first justify this outrage on the cause the free discussion heretofore exercised in debate in whole House, in the violence committed by him on one of this Hall has brought forward and placed truth before its meinbers; and then, if this justification cannot be esthe nation, not only in regard to the principles, but also tablished, the offence does not come within the jurisdicVOL. VIII.-185 tion of this House; which the constitution never intended to furnish with power sufficient to defend its members or itself against any violence committed against them, in manner and form, as this outrage was committed. [MAY 11, 1832. merely to demonstrate that no feeling of brotherhood can be found in this House, which would rise up and shelter any member of it from suitable rebuke, when called for by justice to any fellow-citizen. This plea of justification must have been brought, upon Sir, no feeling of comity, supposed to exist between the some reference to some principle of self-defence. The two Houses of Congress, will ever come in the way of any respondent says he was injured, and was without remedy, claim for justice, made on this House, against any member unless he could achieve it by his own hand. Is it true, sir, of it. Is not this placed beyond a doubt by the testimothat a citizen, who may have been injured by words spony of an honorable Senator from Missouri? [Mr. Buckken by a member of this House in debate, has no remedy? NER.] He was out with the respondent on the night so Must he endure the wrong, or redress himself by violence? often mentioned. They had walked, as he tells us, arm in What is the remedy when a nation wrongs a citizen? arm, down the Avenue, from Barnes's boarding-house to When, for services done, or supplies furnished, under Elliot's corner. They stood together, in the shade of the contract or otherwise, for the public use, a man has not been buildings, where the gentleman from Tennessee [Mr. fully and equitably paid and satisfied? He can have no BLAIR] So suddenly left them. He saw the gentleman action, he cannot sue the American people? Is he without from Ohio crossing the street, and, unapprised of danger, remedy? Petition is the form of suit in which every citi- approaching the ambuscade, where the respondent had zen can come before Congress, and enforce his claims, by placed himself. He heard the friendly salutation, saw evidence, by law, and by all the aids of advocacy. Look the blow-saw the man at whom it was levelled fall to the at your journal; what a calendar of petitions passes through ground. He heard the repetition of blows on his naked this House, to your "Committee of Claims, " and your head and unsheltered limbs, until the club in the hand of "Committee of Revolutionary Claims?" and in what coun- the assailant was split and shivered by their number and try, or at what time, can you find any tribunal of law or violence. Sir, what is there in manhood, capable of equity provided with men of more ability or diligence, standing at the elbow of such an outrage, with a feeland of higher and purer integrity, than those fourteen ing more purely impartial, or of listening to such and so members of this House, forming those two committees many blows, with a more self-possessed and undisturbed Is it, sir, below the dignity of any American citizen to accuracy of ear? For the honorable Senator has himself come before Congress by petition? Do not the best, the told us that "he perceived the change in their sound," bravest, the most eminent, in the labors of peace, the from, as I presume the honorable gentleman would mean, most distinguished in the service of war, come before inflictions on a living human body to the like violence their country, and, under this form of proceeding, exhibit done upon one "perhaps killed," and from the deep bass their claims on the national justice? of the solid hickory handspike, to the shattered notes of If, sir, the members of this House, the agents of the the same instrument, when split and shivered into someAmerican people, do, while transacting their great public thing like a twisted withe. Sir, I do hold that this part of concernments here, wrong any one of their fellow-citizens, the evidence forms a perfect demonstration that no such by words spoken in debate, so that he sustain injury in feeling of comity exists between the two Houses, as will his reputation, such citizen may, by his memorial to this ever come in the way of any citizen seeking reparation of House, receive full and speedy reparation. The House wrong from this House against any member of it. Were has power to do this; and who on this floor will say that this not so, there must have been some interference, in any member would, by its action, be sheltered from jus- this case, by the honorable Senator from Missouri, [Mr. tice? It will not be asserted that members of either BUCKNER;] Some note of warning to the approaching vicHouse would unite to support each other against the just tim; some cry of "hold," to the concealed assailant; some claims of injured citizens, or that any comity existing be-shout of "fair play; don't strike a man when down." Not tween the two Houses could ever be brought into opera- a tongue, not a foot, not a finger was moved, either to the tion for any such purpose. The facts disclosed by the rescue of the fallen, or to the interruption of this most evidence in this case evince that citizens will not be op- bloody and barbarous process of violence. posed, in what they may call their claims for justice on It cannot be said that members of this House will be one member of this House, by any interference from slow to right even supposed wrongs, when done by them another. The gentleman from Tennessee [Mr. BLAIR] in debate. Can we forget the magnanimity exhibited by has told us in his testimony that he was, on the night of the gentleman from Ohio, [Mr. STANBERRY,] in reference the 13th of April, with the respondent; walked with him to some hasty expressions made by him concerning the on the north side of the Avenue; stopped with him near honorable Senator from Missouri, who testified in this case? Elliot's corner; saw the gentleman from Ohio crossing Goaded into resentment by the manner in which this detowards them; was questioned by the respondent, "what fence was conducted, and persuaded that it was the intenman is that?" Knew who he was; had heard of the diffi- tion of that Senator to bring him into contempt, he utterculty between them; thought something unpleasant might ed those expressions for which, as he fairly told the House, occur; and, because he was not in the habit of settling his he was, rebuked by his own feelings the moment he had own disputes in that way, he walked off as quick as possi- obtained time to consult his better judgment. The exble, that he might not witness this settlement. Sir, will planation, spontaneously made by him, was received by the spirit of membership in this House rise up, and call every member with one common burst of feeling, as an any one man of us, in behalf of another, to oppose the apology ample, and fully up to all the requirements of decopeaceable claims of a citizen coming here for redress of rum, as well in relation to this House, as to the Senate, in wrong against him, when that spirit could not call the the person of that honorable member of it from Missouri. gentleman from Tennessee, [Mr. BLAIR,] a man of the Sir, I say this was done spontaneously by the gentleman best and kindest feelings, to cross the path of violence, from Ohio, for the resolution touching that matter, subthen in pursuit, not of justice, but revenge, and shelter a mitted by the gentleman from Missouri, [Mr. ASHLEY,] fellow-member from outrage? It was not, it will be said, could never have produced that effect; because no mempracticable for him, by his own strength, to hold the arm ber of this House can be questioned for words uttered in of the assailant. It is true; but nothing could have been debate concerning any member of Congress, on any day more easy than to give the voice of warning. It is not for after such words are spoken, unless he had been called to me to say that should have been done, nor do I utter the order at the time, and the words had been committed to slightest objection to the course pursued by the gentle- writing; and that, too, before any other member shall man from Tennessee; and these facts have been stated have spoken on the question then under debate. It is, MAY 11, 1832.] Case of Samuel Houston. [H. OF R. sir, a calumny against the institutions of our country, for man armed with dirk and pistols. Another fact evinces any man to declare that the good people of this nation the malevolence, no less than the caution for his own safehave no remedy against members of this House, who may, ty, felt and practised by the respondent. The moon shone in debate, on this floor, utter words injurious to their good from such a point as to throw the shadow of the buildings name, fame, and reputation among their fellow-citizens. on that part of the sidewalk where the respondent stood; In all such cases, they have a claim on the justice of their so that he was concealed from the gentleman from Ohio country; and, if they present that claim to this House, in as he approached from the other side of the street in the the constitutional form established for the redress of all open moonlight. Still further to secure himself, and to grievances, they cannot fail to receive prompt and ample surprise his adversary, he looked, as the honorable Senajustice. The respondent is, therefore, unsustained by tor tells us, obliquely towards the palings of the fence; any principle, when he alleges that he was without reme- and, though he turned his feet towards him as he apdy in this respect, unless by taking the laws of the country proached, he continued his face the other way. The reinto his own hand; nor has he, from this course, the least spondent has told us he did not "waylay" the gentleman justification, excuse, or mitigation, for an outrage com- from Ohio, and brands such a deed with much odium of mitted against a representative of the American people--epithet. Let those who have doubts concerning the chaan outrage, too, of a character without example in the racter of this premeditated violence and practised concealwhole annals of licentious violence, ment, recollect the words of salutation used by the re Sir, inasmuch as a justification of this outrage has been spondent to his adversary, then uncautioned, and within set up, it is very proper, before we consider that justifica- the sweep of his powerful arm and heavy bludgeon: "Is tion, to examine some of the peculiarities of this outrage. that you, Mr. Stanberry?" And even then, lest his victim First, in what state of mind was it done? In the heat of might draw a pistol in his defence, he uttered these words anger, suddenly excited by great injury? The words so in tones of a most treacherous courtesy. Last of all, while offensive to the respondent were spoken on the 30th giving this friendly salutation, and receiving a reply March, published on the 2d, and certainly known to him equally courteous, he changed his language to the terms on the 3d of April; but he delayed the outrage until the and notes of abuse, and instantly followed up the insult night of the 13th of the same month. He was in the House, by a blow, so heavy, and aimed with such deadly purpose, the lobbies, or streets, every day; and every day must that, had the iron loading of the bludgeon fallen upon the have seen the gentleman from Ohio. Whose anger could temple, and not overreached the head of his adversary, have boiled so long, and not burst out into violence, unless nothing could have saved his life. From first to last, the it had been either restrained and pacified, or cooled down, deed is without a single redeeming or mitigating accident, and settled into malice? In the next place, the respond- and is filled up with malice, caution, treachery, and murent intended to make the assault when it was not expect- derous purpose. How like him, that crafty Hebrew of ed, and so without danger to himself; and, for that purpose, the bloody hand, of friendly word and false heart, with requested the gentleman from Tennessee [Mr. JoHNSON] "Art thou in health, my brother?" on his tongue, he to communicate a message of peace: "Tell Mr. Stanberry takes the brave and unsuspecting man with the right hand I will consider what it may be proper for me to do in this by the beard to kiss him, and with the left he plunges a affair." And this message from the respondent was lite- sword into his side. rally communicated to his intended victim. The stratagem How is this violence further justified? The respondent was successful; for the gentleman from Ohio tells you that alleges that the words spoken in debate by the gentleman he had begun to believe the respondent had never intend- from Ohio were a grievous wrong to him, because he had ed to assail him, or that he had relinquished the intention. no concern in any attempt to obtain a fraudulent contract In addition to this, the instrument was carefully sorted out, "to furnish rations to migrating Indians." In reply to this and chosen, to perpetrate a distinguished deed of revenge. part of the respondent's justification, we should not forget It was a hickory sapling, heretofore cut by the respondent that the gentleman from Ohio made no accusation against from its parent stump, in the grounds of the Hermitage, him. The question itself called the gentleman to speak at Nashville. He had brought it to this city, procured it concerning officers of Government only, not concernto be mounted with a silver head, and a substantial brass ing contractors; and the respondent's name was mentionand iron ferule at the other end. It is said to have been ed, not to criminate him, but solely to identify the transthen presented to a friend in "Georgetown. With the his-action to which he alluded. The words themselves do not tory of this bludgeon the respondent was thus acquainted, even imply the respondent's guilt. What were they? and well knew its origin, weight, solidity, suitableness, "Was the late Secretary of War removed in consequence and power, to inflict this premeditated outrage. His wit- of his attempt fraudulently to give to Governor Houston ness, Doctor Davis, has told us he borrowed it from his the contract for Indian rations?" Is Houston here accused friend for that very purpose. Another circumstance must of any fraudulent attempt? Not in the least. The accusanot be omitted. The same witness has told us, that, al- tion is made against the late Secretary of War. What though the respondent always, and on all occasions, goes man, not wishing to thrust himself into another man's armed with pistols in his belt, and a dirk-knife in his bo- quarrel, could have pretended that he felt himself injured som, yet the "witness knows that on that night he was in such a case? The respondent has taken up the cudgel not armed," and went out with no other weapon than the for the late Secretary of War-has been fighting his batbickory bludgeon. The witness must, therefore, have tles, and now places his defence on the purity of his own been called to take notice that the respondent did so dis- character. What, then, is the character of the respondarm himself, and go out that night. Was this an exhibi- ent in relation to the contract to furnish Indian rations? tion of peaceable purpose? The respondent must have He has put that character in issue before us, and has rested known that the gentleman from Ohio went armed. He his defence on the soundness of it. If it turn out in evidid not intend to encounter in a controversy of pistols and dence that he attempted to obtain a contract for Indian dirks, but relied on the weight of his bludgeon, and on rations fraudulently, at the same time that the Secretary the success of unexpected, sudden, and violent onset. If attempted fraudulently to give such contract to him, then he could, by any stratagem, secure the first blow, it was must we conclude that he has assailed a member of this not his intention to need another; and if he could, or should, House because that member has spoken truth concerning kill his adversary, he had taken care to secure a witness the Secretary, and because that truth might bring to light by whom it could be proved that he had no deadly weapon his own participation in the meditated fraud. Let us, then, on his person, and that a peaceable man had, in defend- examine the evidence concerning the conduct of the reing himself with a walking cane, but taken the life of a spondent touching these Indian rations. It is well known H. OF R.] Case of Samuel Houston. [MAY 11, 1832. that the present administration did, in the winter of 1830, respondent, would have secured to him another sum of conceive the project of removing the four nations of South- $657,000; and made out the whole national loss, and his ern Indians from their native country to the region west of whole clear gain, $1,314,000. Does it require argument the Mississippi river. It was intended to supply them with to convince this House that such a transaction would have provisions, as soldiers are supplied with rations, both while been a fraud on the United States? Could the respondent they were migrating, and for one year after they were lo-purchase in the proposals made for this contract, at a cated in the woods, or the prairies of the West. The num-lower rate than his own, and, under the connivance of ber to be removed was not less than 45,000 persons; and the Secretary of War, obtain that contract for himself, their rations, at ten cents each, for two years, would thereby securing to his own use $1,314,000? and could amount to $3,285,000. In the month of February, 1830, he do all this honestly, and without fraud? Could he atthe then Secretary of War, J. H. Eaton, issued and adver-tempt to do this, and not intend to perpetrate this fraud tised proposals for furnishing rations to these migrating In- on the nation? That he did not succeed, and was disapdians. By this advertisement, it was required that each pointed in the attempt, is not owing to his merit, but must man who would furnish such rations should send his sealed have been produced by some "fearful looking for of judgproposals to the War Office, stating the lowest price for ment," which startled from their purpose those who were each ration, at which he would supply the whole; that he attempting, fraudulently, to give him this contract for Inshould do this on or before the 28th day of March then next dian rations. What were the attempts of the respondent ensuing. The advertisement was dated and issued on the to effect this gigantic fraud? Permit me to read the depo26th day of February; so that thirty days only were given sition of Luther Blake, as a full answer to this inquiry. to the whole people of the United States to offer terms for "I, Luther Blake, of Arkansas Territory, being duly this immense contract. It reserved to the Secretary the sworn, do depose and say, that, on the 21st day of March, right to limit the number of rations, and the time for which 1830, as I was coming out of the War Office, in Washingthey should be furnished; and left it in his power to ter-ton, Governor Samuel Houston accosted me, and alluded minate the contract at his own pleasure. This advertise-to certain bids that had been made to supply the Government seems to have been made for the benefit of such ment with rations to the emigrating Indians, of which bids persons only as were in this city, or its vicinity; for it could I had then put in the lowest. Governor Houston, having have given notice to none of the people either in the East apparently made himself acquainted with the amount of or the West, who lived at a distance from the seat of Go- the different bids, informed me that he had not put in a vernment. The respondent was then in this city. Propo-bid in his own name, but had entered several in the names sals were sent in, and those of which the respondent had of other persons, of which he had the control. My bid the control stood at the highest rate. One of these pro-was at eight cents per ration, and he, the said Houston, posals, in the name of General Van Fassen, but for proposed to me that I should withdraw my bid, and buy Houston's benefit, was at thirteen cents per ration; while up those of William Prentiss and David Butler, junior, those of Butler, Prentiss, and Blake, were all below that and that I should then join with him and his friend, amount. The respondent was known to be the favorite, (whom he did not name,) who was concerned with him in not only of the Secretary of War, but likewise of the Pre-a contract which might be secured at a much higher rate sident himself. If he could obtain this contract, it was not than the bids of either mine, Prentiss, or Butler, and that doubted that the terms of it would cover all the rations to thereby we might secure an independent fortune; and be furnished to all the migrating Indians during the whole until the 24th of March, 1830, each day successively intime they were to be supplied with provisions. Could the quired of me, to know if I had succeeded in purchasing respondent remove the bids which were below him out the bids of Prentiss and Butler. of his way, his bid would then be the lowest, and he would obtain the contract. His intimacy at the War Office had informed him what they were, and who had made them. "D. A. HALL, Justice of the Peace." Blake had proposed to supply these rations at eight cents; How are the facts, confirmed by this testimony, met Prentiss, nine; and Butler, I think, eleven cents each. and answered by the respondent? The learned advocate The rations of soldiers, as it is well known, cost less than for him has attempted to impeach the character of the seven cents each; and, therefore, he who could obtain a deponent by two interrogatories, both of which he must contract at thirteen cents each, might save all over that have known the witnesses, called by him for that puramount. Blake, at eight cents per ration, would have pose, would have answered in the negative. By the first made a fair saving. Prentiss, at nine, must, by a few years of these questions, it is inquired if Blake has been of great labor, and some risk, have made a fortune. What, drunk nearly every night during the winter;" and the then, would the respondent have realized, could he have whole answer is, that his habits are irregular, and he is at secured the contract at thirteen cents for each ration? All times under the influence of liquor. Who is Luther over eight-certainly all over nine cents must have been Blake? It appears that he is the business, the street, the gained; and that, too, over and above a fair and honest table, the chamber companion of these witnesses. Nay, compensation. What would have been the amount? If it appears also that he has latterly been the companion of we reckon the Chickasaws, Creeks, Cherokees, and Choc-the respondent, who has become reconciled to him, after, taws, altogether, at 45,000 persons, and 15,000 of them as it appears by the evidence, a murderous hostility, were to have been removed annually, it would have re- arising out of this same Indian ration affair. Do these quired three years to complete this migration. The sup-witnesses, who certainly appeared before the House, and ply of rations for 15,000 persons, at nine cents each per gave in their testimony, with great and becoming decorum, day, would cost $492,750 per annum; but, to supply the do they intend to say that they themselves, and the resame number of persons at thirteen cents per ration, would spondent, too, are the daily and nightly companions of a cost $712,750 per annum, and make a difference in favor most abandoned, sottish, and beastly drunkard? I will of the contractor, and against the nation, of $219,000 per not believe that any one of them intended so to be underannum. The respondent, therefore, could he have ob-stood. One witness, called by the House, must satisfy us tained this contract, would, in the three years of migra- all that those witnesses, examined by the respondent's tion, while moving 15,000 persons yearly, have gained, counsel, did not intend to say that the habits of Luther and the nation last, $657,000. These people were to have Blake were such as rendered him unfit for the society of been supplied with rations, in like manner, during one sober men. Mr. Richard Cox has testified concerning year after their arrival in the wilderness of the West; and, this part of the case; and those who know the character therefore, a like loss to the nation, and a like gain to the [of this gentleman will, I am sure, make no further in "LUTHER BLAKE. "Subscribed and sworn to, before MAY 11, 1832.] Case of Samuel Houston. [H. of R. quiry concerning any fact within his knowledge, when This usurpation is not a mere contempt of this House, once they have had the benefit of his testimony respect- an offence of which a man might discharge himself by ing it. He tells you that business has, during the last oath, but a high-handed invasion of rights, most sacred winte, called him more than twenty times, morning, and essential, and without which legislation, and the noon, and night, into the company of Mr. Blake, with whole attendant public service, must cease. A contempt other gentlemen; and that he never, during all that time, is a trifling matter when compared with this outrage, I do saw him either intoxicated, or otherwise than "a sober not say on the privilege of a single member, but of the man." This imputation against the temperance of Mr. constitutional rights and powers of the whole House. Blake, even if it concerned his veracity, is utterly unsup- The power here violated by this act of the respondent ported by the respondent's witnesses; and, were it other- is the power of this House to control the persons of all its wise, it has been entirely removed by the testimony call-members. That power is given by the fifth section of ed by the House. The other questions put to the wit- the first article of the constitution: "A majority of each nesses concern the integrity of Mr. Blake. When the House shall constitute a quorum for doing business; but a respondent's counsel asked his witnesses, "What is the smaller number may adjourn, from day to day, and may character of Luther Blake for truth?" what is the answer? be authorized to compel the attendance of absent memTake that of Henry How, one of those witnesses, for the bers, in such manner, and under such penalties, as each whole: "I should certainly believe any thing he should House may provide." This power to compel the attendsay." What, then, sir, shall hinder our believing what ance of members certainly comprehends the power to he has said? Has he not said that the respondent labored remove, and to keep out of the way of such attendance, daily, from March 21st to March 30th, and on each of whatever may be an obstruction to it. Three classes of those days, to induce him to give up his own proposal to men in our country, when they engage in the public him, and to buy in those of Butler and Prentiss for his service, do not only contract to perform such service, but benefit; and to come into a concern with him at a rate so place their persons at the control of those for whom they high as would realize, out of the nation, at least one mil- engage to do it. The sailor, engaged either in the merlion three hundred and fourteen thousand dollars, "and cantile or naval service, pledges his body to his employer thereby make for them all an independent fortune!" when he signs the portage bill; and that employer can, at Other circumstances of this meditated fraud on the nation, all times, both insist on his service, and compel his perthe gentleman from Ohio has offered to prove, but the sonal attendance, if he absent himself from it. The solHouse has excluded the evidence. No such interdict has dier, in like manner, when he enlists, devotes his person been laid on the respondent; and he might have called to the army; and his commander can, at all times, control any witnesses, and by them proved, if any witnesses that person, or take him from any custody, and compel could have made the proof, that he was not in the War him to appear wherever the exigency of the service may Office at the day, or near the time, when Blake swears demand his attention. The member of Congress, when he met him there. Had he no concern in this attempted he receives the oath at your table, does devote the labors fraud? Then, surely, Thomas L. McKenney, at the time of his mind to the service of his country, and pledges his head of the Indian Bureau, or the clerks in the War Of personal attendance to that service, in this Hall. If the fice, or his friend, the late Secretary of that department, commander of the sailor, or the soldier, can take either might bear testimony that he moved no tongue, lifted no of them through all obstructions, and bring him bodily to finger, in furtherance of this great mystery of iniquity. the discharge of his duty, so, in fact, this House, or a miHe calls them not; and why? Because, as all must pre-nority of it, nay, so small a number as fifteen, with the sume, they would not contradict, but confirm, the deposi- Speaker, can call such absent member, no matter by what tion of Luther Blake. The respondent, therefore, if the means detained, and compel his attendance. The congentleman from Ohio accused him of attempting to ob-stitution has wisely provided that no legal obstruction tain the contract for Indian rations fraudulently, is proved, shall, at any time, be placed in the way of the free exerbeyond question, to have been guilty of that attempt. cise of this power of compulsion. By the sixth section Where, then, shall we find this justification, or excuse, of the same article, "members of either House shall, in or palliation, for this act of violence? He stands before all cases, except treason, felony, and breach of the peace, the nation without defence, and guilty of the naked enor-be privileged from arrest during their attendance at the mity of unprovoked outrage on the gentleman from Ohio, session of their respective House, and in going to and a member of this House. If he be without defence on returning from the same." Will it be contended that, his first plea, then how does he stand before us, acknow-when members cannot be detained from their attention on ledging his guilt, but denying our constitutional power the House by any power, aided by the law, they may, either to arrest, or try, or convict, or punish him for this nevertheless, be so detained by any power exercised withoffence? What is the offence? Not the personal injury out law? So utterly illegal is this, that the same section done to the gentleman from Ohio by the battery, as it has provides, not merely that members shall not be detained been supposed by the respondent and his advocate; be- from the public service in this House, but that they shall cause, for that injury, the respondent is liable to an action not, "for any speech or debate here," even "be quesof trespass, and this House has no control over the pro- tioned in any other place." Not only, therefore, are all cess, or the trial, or the quantum of damages which the arrests, except for treason, felony, and breach of the plaintiff may recover for this injury. Neither is the re- peace, utterly void; but all questionings concerning words spondent now questioned by this House for the public in- used in debate, either by threats, or by assault and perjury done by a violation of the peace in the commission of sonal violence, are contrary to the constitution; and the this battery. For this crime he may be indicted, and pun- call of the House goes over, and removes all obstructions ished, in due course of law, by the tribunals of the Unit-placed in the way of members, so as to molest them in ed States in this District. The real offence for which their attendance in this Hall, whether such obstructions the respondent is now under trial, is an offence commit- be made by law, by color of law, by menace, or by force ted by him against the people of the United States; and and arms. If the member must attend, notwithstanding it is for that he has usurped, and taken into his own hands, arrest, imprisonment, and armed violence, are placed bethe constitutional right of this House to control the per- tween him and his duty, then must this House have power, sons of all its members; inasmuch as he has, by this deed not only to remove all these molestations, but to keep of violence, deprived one of those members of the power them out of the way. If, sir, a member of this House, to obey the orders and call of the House, or to give his if the member from Rhode Island, now addressing you, usual and daily attendance on the public service. were arrested in this city, on a disputed claim of indebt |