Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-24
DkBATE on cor. ANOERs0N's CASE.


OEGafE ON COL. ANDERSON 5 CASE.
lCoNIINuED.
MIR. ANDERSON (Of Kentucky declared that
te shout support the resolutions offered to
tie house. His only objection was to the ex-
preston OF doubt contained in the preamble :;
he felt no doubt, and thought the prisoner
shogld be instantly discharged. 1t might in.
deed produce so'ne moi tiEeation. for the house
now 10 retrace It's Steps, aud 10 make public
acknowledgment OF its imbccitv, hut he
thought tins course much preferable TO an as
sumption of the constitutional powers now
cuniended for. he himself participated in the
moriihcatioH, but felt the necessity of giving
the most prompt correction TO the error which
had heen committed in Issuing the warrant 1t
" as n,uch betternuw 10 arrest the procee dings
than Ia conducu the case through an eXamina.
ton. and then he compelled to adopt that
course an idea then might jusiifiabiy arise
that the discharge was produced by belief
that Tie man Was innocent, or that the case
did not merit punishment 1t should be placed
ca IFS tue groand the prisoner should be inn
Inediately disol'arged from a want of power in
TINS House 10 punish. II this power be possess
ed, injS.>i most novel and extraordinary.
in t%r case, an act, which is punisha
bic Il; Il previous law, have been declar-
ed an offence Ia this, the guilt of the indiyidB.
al does not rest on any statute previously pass.
ell and promulgated, but ON the feelings and
passions OF this House. In vain do we demand
the law, which has declared the act AN offence
DIT the time of its commission; in vain NAV The
citizen look for the rule of his conduct in the
statute book of this country There is no law
declaring the act, we are about TO punish, a
contempt or All offence of any kind our opini.
on OF It's criniipaiity has hecn locked within
our own breasts aud nevercau be cons titntiou.
ally declared except by a Jaw of Congress No
other tribunal has ever yet dared 10 assume
such power, and if ii be exercised no citizens
III this country can be safe. But iftle doctrine
Is recognized that we can declare an act after
ii is committed an offence, according to our
views OF the privileges of the House, on the
nature OF contempts, we arc at once plunged
IN sea of perpleNily. There is no subject on
which the varying minds Of men can differ
more. That act which onp will declare the
grosseSt contempt, will, by another, he thought
perfectly harmless. We shall have no previous
standard by which we can measure the act
tue act OF its being an offence, will depend on
the wide and differing views OF members of
this House Ii we reserve To ourselves the
power OF declaring every paragraph in the
newspapers defaniatOry or libeIlOus, as our
feelings may direct, aud which no law has for
biddeu, we are indeed possessed of powers, of
which the people of this country have but l.
ile thought, and which by reading the consti-
tuition, they can never fmd.
II, how ever, it should be conceded that this
was an offence, uElesS there has Deen a punish
ment previously affixed by law, we are still
20 wCrless aud must arrest these proceedings.
l;y what authority can we award any punish
Jnent, or imprisonment, in preference to any
other There is none in the constitution and
~ connection is there between contempt and
imprisonment They seem TO be spoken of AS
NJ one was necessary consequence OF the o.
Their. Ii arises, Mr.. Speaker, from the provi-
sions Ot the common law, and The uSages of the
British Parliament, which are fastened about
our recoliec tons, and are difficult 10 be shaken
oil. We forget that the powers of the F0nse
OF Commons depend on precedents formed by
their own decisions, and ours only on special
grants III the constitution. This House alone
cannot create a punishment winch has not
been affixed by law by both branches of the
Legislature. An apt Illustration OF my idea
Is found IN the provisions of the constitution,
which define treason and empower Congress
20 prescribe the punlshme nj. LII this power
had never been exercised, aud no statute had
been enacted to declare the punishment no
court ia this country could have created one.
No Judge could have dared to pass a sentence
.tSitor that ever lived, can he punished ouly
according 10 law in this land. The same OBJ
seTvatlOns apply to piracIess and feionies, com
mitted OH the high seas. Until Congress shall
exercise the powers given by the constitution,
and define the crimes and declare The punish
ment, no tribunal in this country can supply
the defect, and dare tOpunisil according to the
c0psnion law, or 10 any other way 1--we canim-
pose penalty, which has not been assigned 10
a specific crime, there is tIIeu 10 boundary to
Dnr powers. When SIC determine that this
House possesses the pawerOf PuuIs Euent, then
the species or degree v only matter of select-
on. Who then can prescribe me limit we
hdveno standard 10 regulate OF bound Gus
power, but our own feeling. We can range
through every grsdsfion of punishment from
simple reprimand TO death. And when the
p1i,scipIe Of pHniSllnient is decided, VIC may to-
morrow be boldly debating whether we shall
reprinsnd. inprlson, brand, gbbet this miu.
I. tliis resolution be rejected we shall in effect,
decide that the House Of Representatives pos
sess the pOwernOt only Of declaring any act an
offence. snt Of selecting and iuAlcting pu-
instrument hereyo9Ore unknown To- the laws, aud
even to ourselves. These arc indeed tremen-
oons powers, and as believe have never been
granted.
Tie gentleman from Georgia, MIR. Forsyth
asked Yesterday, what would be the course Of
This House, II person ~ the galleries should
insult Il member hy Kissing, or throwing nuts
al his head ghe question has beeu answered
by Inc gentleman WHO last addressed YOU But
those v TO support the power Of tie House,
most remember tinit they do not eXtricate
themselves from The difficulty 10y yropoundIng
prfpieNing questions. They mold the aihrma
tive Of the proposition. and caunOt expect US 70
fuijo,, thenI, naicss they show the way clearly
ard distinctly. The answer, however, witch he
:, sid give, and which would release the house
from ii embarrassment, would be to pass a