Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-31


| OF the two Houses, there were certain powers
granted 10 each OF the Houses respectively;
let rs then see what are given 10 the H@uSe OF
Representatives. They are all to be found in
the second and fifth sections ofthe first article
IL said there was no power given the House
aihrmatlyeiy To iniiict punishment upon per-
sons not members, tor amy offence either
against the House or its members. Was Il 10
BE inferred, from the powers which We given
So tar from II, lie said, that he thought the ill.,
ference dedncible from the nature of the pow
ers given almeSt irresistible. that such power
was not intended The great argument had
been that the creation OF the legislature i'm
parted 10 it certain inherent powers, Us "a part
OF its nature and existence. Now, sir, said lie,
let me ask, what power cOullbc more Inherent
in legislative body, than that OF appointing
their own Speaker And yet This power is en-
pressiy given. What could be more inherent
than the po,rer 10 determine their own rules
o. proceeding! Aud yet this was expressly
gifsn. What could be mere inherent than
the ri. 1T of Furnishing one of its own members
tor disOrderiy beiaviors Aud Yet this was
expressly gwen. lille asked whether the
giving powers like these, which, II there be
any such thing as inherent powers, would
have been so considered, did not incOutes
tably prove that the constitution meant not
40 leave this subject to doubtful comstrnc.
ton but on the contrary, 10 give TO The
Whole of the legislative body which it crea.
TED, az well as 10 its several parts, the laws
OF us anu their existence, aud TO inpaIt
To them by grant, the powers necessary 10
The performance of their several functions-
Sir, the Trainers OF the constitution meant to
guard as carefully against the latitudinOus
construction which mi sht tie given To- iRltfuite
pc-i'ers as they did against indehaite privileges
they therefore determined to bring down both
power ana privilege 10 a constitutional stan
dard, SO ttdt they might be easily measured
III wonld have been u vain thing 60 nave cir.
cnltHci ihed congress tn its Legislative power.
II the two houses which compose Is, had hf.n
let, lire the British parliament, to range as
of i'm hr nt
and indefinite privileges. If said MIR. h. the
mouse had power 20 take CognizauCc OF this
case aud 10 punish II, where would theS stop
4 his insult or this attempt upon one OF the
III mbers, WAS commit ted no, i'm this house but
IN the District OF Columbia suppose il had
been committed in an cNtreme pant of the
Lhlted States, would our jurisdiction have
reached the offender there and should our
sergeant AT arms have been sent 10 arrest
him 4: The consequences to which this doc
trine would lead, seemed TO him TO shew that
II could not oe sustained Nor said he, is
there so much danger to be apprehended from
the contrary doctrine, as gentlemen seem 10
suppose; he thanked God, the attempts which
had been made, were but few. amt in each
instance had failed; if they should hereafter
be repeated, he hoped and believed there was
a long, very long tract of future time between
us and that period when they should prevail
1t any attempt of this kind fail. the man who
makes It IS ioIled III his wicked ef.rt, and
covered with disgrace; if unhappiIv IL Sliould
ever succeed, we have cons tituIioiaI remedy
al hand by expulsion, may drive from u
TIE unworthy member, aud, having thus cut
OIL the gangrenons limb, the resi- of the political
Douy VIII he restored TO health True sir
the expulsion OF member requires the con-
currence OF t~o-thirtls but does anv gsntIe-
man doubt for moment but that If the accep-
lance OF brbe were proven, two-ihirIS ave
three thirds, would instantly unite in a vote
Tor the expulsion ofhim who should have ac-
cepted1
But, gentlemen have asked if the house have
not tGe power now commended for, whence is
derived the power TO remove noise and distur-
bance from the gallery whence the mower to
send tor persons and papers, ia prosecuting an
inquiry before II committee In relation 10
The first he answered, that by the constitution,
each house had right to determine the rules
OF its proceedings now il was competent for
the house, IN establishing the rules of its pro-
Gee dngS, TO say whether any person should
come within the walls OF not; to say that
when they were thus admitted. they might
continue so long as they conducted themselves
IN an orderly manner, and, when they acted
otherwise, that the doOr-keeper whom the
constitution authorised il 10 appoint, by the
authority given 1t to appoint its Offlcg!S should
turn out such dis0rderly person; accordingly
one OF our rules directs in substance that the
speaker shall take care TO have all disorder
removed from The gallery. il is, said Mr.. Il.
our house, provided for The purpose of lesisla-
ton - we have right TO saw irho shall come
In, and ichen, 60 also have we right to saw
when the persons admitted by our courtesy
shall be put out. In relation to the second,
he sad, the same power to establish the ruies
ct our proceeding ard 10 appoint our officers
TO which he mad before referred, authorised
uS 10 prescribe the manner, in which any in-
qlury OF waich we have constitutional jurs-
dicton shall be conducted ; and To apDoiut a
sergeant at arms for executing the NECESSARY
process, &c. for carrying on shat inquiry bnt
these rules must have relation TO the object of
carrying ON some business, which was properly
before the house or its committees
MI, Is said. that he had NOW Ui LiS xia1x
OF The question before them he hoped he had
satisfied tie house that il had not the constitu-
tipnal power to punish the person at its bar.
But, If there were even dOuDt upon The sub-
ject, ne called upon gentlemen to recoilect
That IA ordinary cases party was tried under
some pre- existing law announced to the peo-
pie That one power enacted tie law and ano
Their executed IT; that neither the legislature
enacting, nor the judiciary expoumding was
party; but that here, in the same sentence
they were called upon to announce the rnIe
and to give Judgment, by applying that rule TO
the particular circumstances before them
and that too, said he, in a case in which we
ourselves are the parties; we thus legisiate
and adIudge ~ our own case-This has been
said TO he the very definition of tyranny. Sir
SAID Mr.. Il. / am not afraid that this house
would practise oppression in the particular
case before us but, let 1t he remembered that
constitutions aud laws are not made for rood
men aud good times, but for bad men aud had
Times on the one hand, experience has
sbewn, that men. as EIca will do wrong ; so ,
on the other hand, the same experience
shews that men, az political agents, ought
TO be controlled Ivy some checks. Laws are
Intended Tor the Observation-Disclosures for the
second with regard to the individual at the
bar of the house, whatever may he our frel-
inYs towards him, it should he remembered
that in his person we are settling great ques
ton of constitutional law.
Mr.. ROBERTsoN, Of Louisiana, asked the
attention OF the house for few moments
lie would not travel over the ground which