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

whilst he submitted his view OF this subject
not only because there was great Constltufi.
onal question involved, bnt because he had
acquesccd in the Issuing of the warrant upun
which he was now decidedly of opinion ,hat
the house ought not further 10 proceed.
We are called upon, said he, to decide this
question whether the House Of Representa-.
tives have the power to punish the person at
Its bar, or an attempt to hribc the chairman OF
one OF its committees. After the most mature
deliberatiOn which he had been able TO De, low
npon the subject, lie said ne was satisfied tiat
the House had not that power; and he would
endeavor 70 state, as succinctiy as he could
founded
The attempt imputed TO the person a. tie
bar of the House, and about which there was
no doubt IN point of fact seemed TO him to
present Itself in these two points OF view
First, as a crime, to be punished because OF ITS
own encrmsiY ; secondly, breach OF the
privileges OF member of this House. As to
the first proportion, there could be but one
opinion. 'ihe act complained of is one of tile
most abhorTent kind but the word crime car
a torTniRi, imported violation OF ome law,
either IA the omission OF some act eAjoixcd by
II, or IN the commission or some act forbidden
bylt; that law mast have been enacted by the
legislative po~er-that Is, BY the consent of
tile Two Houses OF Congress. Now, as II was
conceded on all hands that no SUCH law had
passed. as 1t vas clear that no such law could
now pass, so as by an er past fGcto operation to
relate back, and embrace tiI,S case as too
the execution of law, by the infi.cton of
cOCnIz2nce.
the conclusion followed too clearly to require
further comment, that the act committed, or
attempted 10 he committed, could not be pun
ISned by this House as crime within ITSELF.
tie spoke not here of the common law, which
Furnishes crimes against the laws of morality
that law did not exist in relation To the United
States, and 1T did, this was not the tribunal
10 enforce il. We come now said Mr. n I'm
the great question in this case il is this-was
the attempt complained OF, a breach OF the
privileges OF member of this House? He
said he would attempt TO shew that il was not
IT, indeed, this question were TO be decided
by the Lex Parliamentaria of Great Britain
he would moi undertake TO say what might be
the decision but, said he, we have "a much
better and suIer guide-we have the cOn,titu.
ZION of the United States to point out The
c0nrse which we ought TO pursue.
II was that instrument, he said. which called
into existence every department. ofthe federal
government, and which created this House as
branch of one Of those departments il was
that which marked ont the powers of the legis-
lature whole, and the powers ofths House
a. constituent part, as well as the privileges
OF its members.
Byreterence TO the constitution il would be
found that the matter ofpryilege was not left
70 construction. The trainers of that instru-
ment were deeply yersed N the nature and
history OF Parliamentary priUilegeS-thPy knew
that, though they were underlined, because thew
had been said 10 be Wude faQbe, they we've
marked with one strong characteristic feature
tina; they had peTpetualy advanced that they
had never refrigerated they, therefore in the
sixth section OF the = t article of the cUnsttu.
ton, had accurately defined the privileges of
members they made them to consist, first. in
aqua!hed exemption from arrest during
their attendance at the session Of their respec-
tive houses, and IN going TO, and returning
from, the same > and Secondly, -" that for ANY
speech or debate in either house, they shat not
Ge questioned IN any other place" Here then
"aS the extent of our privileges.
tie thought that, according TO this universal
principie ct construction, that the mention OF
one thing was the exclusion OF another, it was
c0vious that the constitution had intended TO
restrain privilege, and tie it down to the parti-
CEiar cases stated in the section which he had
gust cited. But TO put this subject III point
OF view, 1T possible, still stronger he begged
leave to refer the House to the third section OF
Jetiersons Manuel, in which will be found an
enumeration of the privileges claimed by the
British Parliament that enumeration embra-
ced, beSldes many Others, the two cases NEIL
toned in the constitution hence it must be
most obvious, that the constitution did not
intend TO adopt the Parliamentary law npOn
Che subject OF privilege; because, AZ that COW
cred much larger ground, If II had been iu-
feaded TO have gwen the whole, IL ~ difficult,
ifnot Impossible, TO assign reason why II
should have been th0t necessary, by special
eDnineraton, to have given part.
There was no manln the House he said who
could hold the attempt which had been made,
IN greater adherence than himself bat whilst
he considered it a daring attempt at wicked
ness, an outrageous Insult to the feelings OF
she member, and as calculated to excite the
detestation Of all good meH, yet il was not, as
be thought he had proves, breach of privi-
iege. IT II were not, then there could be no
principle on which the House could pretend 10
take coguizance of it. There were many i'm.
suits which might be offered to the members
qf this House, for winch they had no remedy,
Out tkOse which were open TO every other clti.
zen. And, indeed. he referred the House to
tic same section Of The parliamentary manuel
20 which he had before called their attention,
10 thew, that in q case OF ack nOwiedged breach
efpnyllege, as, for example, the arrest ola
YueinbpI, the feet ofsuch unauthorized arrest
il. that the member is entitled 90 De nisCGarg-
cd and The persons concerned ia the arrest are
liable 40 action or Indictment tor their IuIuti.
ous violation Of tbe gerI scrs privilege but
BE d.A not believe that even h, tbat raSe the
House could iHaict any rucishritnt on tie
Gul rrntienien had taken another ground in
dcJatiug This subject; thcy had said that tie
cusre creation Of legislative BODY, igso JacfO,
Impaired To that body certain rithis, AMI.
smonssf others, ihe right Of NEdeieuce that
IS trey uad the power, 50 il Nas their dutg %
Keep lhemseiFl. pUlc a9d for that purpose
90 puri % any attempt upOJ iha integrf' o. cts
members. 4tis red .. ing, said .lr. p. Is too
broad. Congress g. ne creature OF tbc cilis %.
fulton "a BIAS. therefore, rs 1e bad observed
iH p FORMER part of hs i-uHtut, just those
pOwef-. and tg0sc only, ,tlncn Cue roistituttD4
had given 81 ard Waffe,er yparIs atc roi
given we must be- content tl iIus we're rol
thGurui necessary. Go tuugfr g, caHrpa- cd
of l8e two i1ouses, % utd st9cn t'c iegieiuivc
power rhlfH granted. ltuf tifIs was clearly
10 act Of ieg.tistion HTsi because &c va.
piocceHnr prop0srd ~ Hr cufed or .y ore