Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-03

have, where viii YOU draw the hue OF dstimc-
ti0nf hat is more important, even in the
ORDER aud decorum OF the House, Than the
preserving the mind OF every member free
nom tic suggestions OF tear--ihe seductions
OF probt-the groveil!ng desire Of gaiu-the
influence OF corruption What shall we saw
II AN attempt he made to control, by threats
or 10y challenge, the free aud deliberate exer-
else OF hts judgment, by the representative OF
the people: Though The challenge he given
r,thert the walls, is not its cgcct TO be felt
rltRIR; and Is IL not this (and not The place
where the act ID done WHICH mus, be consi,i.
cred asdeterni,nins the powers OF Congress
The principle on which il can interfere i'm any
case, IS the right 10 prevent lis deliberations
from being disturbed aud " neither this dis.
turbance be produced by an act III the gallery
III the street--in Tic highway, or in the clos
et, III bdsty must equally have the power to
secure Itself the exercise OF free win in the
discharge ut its Legislative functions And IL
these principles be correct---if they justify "a
right 10 punish occasional disorder how mach
more important the privilege CT preventing
the uioads OF corruption, at the same time 50
insidIous and so fatal!
But the gentleman from Virginia, Who has
argued his question with his usual ability
relies very confidently on that clause of M,
constitution which secures to members free
dom from arrest anu from the expression OF
the prtritegcS contained in this clause he ar
CUES that no Other privilege can be presumed
to have been intended Bat, in All Instrument
hks TINS, In which so many instances occur of
ers, which, though not eA pressed) would have
followed as Incidental no fair argument can
be deduced from the express mention Of one
privilege against the existence of Others. To
eXemphiy this position: the constitution gives
the power of" declaring war;" aud the power
Of raising armies and creating uaYes."
Might not the power OF making rules for the
government OF the land and naval forces be
fairly considered as incidental! Could il have
been intended ky the convention 10 confer the
power OF raising an army without the power OF
governing 1T And yet we find that, though
this power would have been fairly considered
as accessoral, yet it is inserted among the
express or enumerated powers. Nor is this
the only instance i'll tie constitution; thew are
frequent: They proceed from the iDperfec-
ton of all human transactions an imperfection
from which III these respects our constitution
is not free.
1t is not, therefore, fair to conclude, that we
have, as body, no other privileges, even it
some privileges be granted expressly b, the
constitution. But there is, in truth. a disrinc
ton between tue privileges OF members and the
privileges ofthe House. This first would have
| no existence, but for The provisions of the
constitution the latter cannot but.eNist as an
incident 10 legislation. The former are those
which are speciied IN the clause referred to
the latter are more extensive in their charac.
Ter, and breach OF them constitutes what is
generally considered and denomlnatcd con.
tempt.
MIR. L. said, that If it had been sufficiently
established that the power of Furnishing AN
Il il
vested by the constitution somewhere i'm the
federal government, it would not be less easy
10 prove that the power must exist i'm this
hoase independently of the other branches of
the government, In other words, howeverad-
visable i may be 10 provide by law for the
punishment of the offence, this House NAV
protect itself, even if there be no such law
FOR how do we deduse the power to pass "a
law law rom the delegation of an express p0wer1
BY no means: but from the necessity of its
existence TO enable the legislative BODY 10
perform its high and important functions.
withont The faint of corruption. IF then, tIlis
necessity gives the power at all, it equally re-
qnires the authority 10 exercise it 10 be vested
IN tins House, independently OF the SENATE
and particularly Of the Executive. For. if the
House OF Representatives can only he protect
eu by the passage OF a lac, it must depend for
It's protection on the Senate al least, and per.
maps on The Executive also. Aud what NAV
not be the situation of this House If if i. here
after to depend for its privileges and lis pro.
. from me influence OF corruption, upon
the Executive branch of the government II
is tliai branch OF tile government from which
according 10 the true theory OF our free consti.
tuition, the great danger of corruption is te be
feared. Ii Is tIom dat branch of the govern
ment that the purity of the legislative body
has been always most i'll danger, and by which
IL has been always most asSailed. Gentlemen
Will not understand me as having the remo;est
aiidSion 10 the present executive, for whom
under varying circumS tances, wle ther popular
or unpopular, have always entertained res
pect. But we are told, and truly told. by The
gentleman from Virginia (Mr. BARBOUR HAT
laws anu consultations are made for bad men
aud have their deep foundations laid in tie
iniquity of our nature. When the DAYS Of
purity and virtue shall have passed aWaV and
an executive magistrate shalt attempt TO iuiu-
ence TINS House, or any otits members, BY its
cOTruptIous, how deploTable will be the condi-
ton of Ibis body, il il mnst depend upon such
an executive to give its assent to laws To ore.
serve the honse of the people from such pollu-
ton What are the petty attempts Of such a
man as John Anderson 10 the dangerous and
fatal influence and ntrigues of designing and
artini chief magistrate, If sucl SIould ever fiji
the presidential chair Can it be on such an
one that the convention conld ever have in
tended we should depend, for our protection
from the assaults OF violence, or the yiies of
corruption Can that convention, whose work
contains so many evidences Of jealousy of Exc.
cntiye power aid Influence, have intended that
tins body should look for its power TO punish
crime, to that branch Of the government which
the history Of the world has taught us, is under
constant temptation 90 commit it | think
not, sir and while feel satisfied that tie
power to punish, exists SOmeichere, tile same
train of reasoning conyiuces NE that that now
er EXISTS here, independent of every other
branch of the government, five choose so 10
exert it.
sir. T.. said there were other views of the
subject which lie had been DESTROYS of present.
ing and particularly some remarks in reply to
me latter part OF the argument Of the gentle
man from Virginia, Mr.. Barbour who seemed
to have conceded, BY some of his positions
what lie had so sUenuOusly opposed I'm fire
commencement of his observations Bnt he
should forbcar TO detan the house any longer.
as other gentlemen were probably desjrous of
offering their views of the subject
Debate 10 he cOHtiHued.l
tFrom NE Americen IIoga:jne.