Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-22

in the same question OF necessity which has |
beeU already discussed.
. y gentleman from, virginia Yesterday ailui- |
ed to that part OF the constitu ,ion giving TO !
Congress the powers necessary, TO carry into |
execution those which We're specially granted. |
cannot fora nom, MT Imagine tlat tuat gentle.
man intended 10 quote thai clause as giving ia !
this House eNccutiveand judicial powers But
topTevent Disapprehens.cn, permit ne to quote
il; tits this I" that Congress iuay make ali
laws which shalt he necessary aud nru,er for
CARVING into execution the foregoing powers.
Not that this House may exercise these powers,
but that Congress, composed OF the three
h'anchcs of the government, niIy MAKE i0icS 70
execute the Incidental powers. ~ does nos even
authorize this hoase 10 make tlciaw mucll less
to usurp the Judicial authority III deciding on
II, OF the executive IN enforcing IL. Between
MS and those powers the constitution has erect
ed AN ru>uimOuntab,c barrier. iu this case,
there heinz no law .we, as ~ co "rdiliaie branch,
OF the legislature, have no right 10 make IT. If
thenit DC true, thar IL Is both necessary and
proper, Ion carrying nto execution the iloworS
vested IN congress, that cOntemptS of either
house, not amounting to an actual interruption
OF business, shall be punished here is our an.
thority Tor passing law 10 define the crime
and toprescribe the punishment. Aud Edo. in
the utmost extent, admit that Congress have
the incidentally power oil passing all laws neces
sary and proper to attain the objects couten,.
plated by the constitution. 1Gdeed, il is a prin-
ciple as dear Ia me as any ether III our govern.
| ment principle so strengthened, confirmed
aud rooted III my mind that Intellect and uu
Outstanding must so with ii when i Weld il
But untll a law ispassed, there can be no crime
! for crime consists i'm the violation OF a law and
| there eau he no punishment, for that is the
Judgment OF law, not of a court, upon the
cr'mc. lie argument reported by AIR. Jeiicr-
| son TO have been used in the senate of the u
nted States. in the ease of the editor of The
| Aurora, is so applicable TO this part of the sub
| ject, that must beg the Indulgence of the
| house for quoting it: " In requiring a preyi
Gus law the constitution had regard 10 the in
lea t.llIf nft .,.,ll A.
| Der as should one house, i'm The regular form
OF bill aim at too bread privileges il mas be
checked by the otlIer, and both by the pIesi.
| dent. And also as the law being promulgated
| The citizen will know how TO avoid offence
| But II one branch may assume its own priyi-
| leges without coatroui, if it MAY do ii on tie
SPUR oil the occasion, conceal The law ia lis own
| breast, and, after the fact committed, make its
| sentence both the law and the Jud.ne on
| that fact; II the offence is to be kept unerfu.
| ed, aud 10 be declared only er ne nuta [as the
| case ariSesJ and according to the passions of
the moment and there be no limitation either
! III the manner or the measure OF the ptIil,s h-
| ment, the conditisn of the citizen will be ne
| riiouS lDdeedl" Perilous, Sir IL wili be the
| condition. of slave, dependent upon tile aibi.
| trary will ofanother. And is not the very pro-
| posiiios 10 exercise such tremendous power
| and nnder such circumstances, enough to APP
\ pal Ms! Here are we assembled as Cctlsets
Witnesses, Jurors, aud judges /: the offended
| party, acting in all these capacities and Lurn
1 ing with indignation at flag rant ontrayc: and
we are called upon To make the law, 20 decide
1 upon II, aud TO punish III our own case to
| decide what whether an offence has be
committed against an uHknOvR law TO MN
4 lsh iowt according to the dictates OF our own
| feelings As one, Sir, dare rot trust ,nvselt
with such powers: and Snrc am thar no body
< OF men under Heaven shall ever, with my CON
| sent, exercise them against me YCur nowe,,
| over your own members is defined L know its
extent; but the authority now claimed has no
other limits than those OF passion, and ITO other
| restraints Than those of pride.
| An argument Is attempted 10 be drawn from
the fact that the courts and legislatures of the
| different states, and of England exercise The
power claimed. With regard 10 the law of
parliament i'll England, it is peculiar branch
/ OF the common law, declared by the rvo INN
| ses troT time 10 time. That law is not recsr
| nized IN the United States government or lie
| courts, except so far as ii has been expressly
| adopted. Repeated decisions of the courts
| nave put that question at rest. utterly dis
| claim aud deny, therefore, the authority ofthe
law of parliament as applicable TO congress.
| We reject some of the forms of that BODY and
| we adopt others; bat trust we have moi adj
United and never will admit into our institn
| tons the despotic principles which have too
OFTEN disSraced its proceedings, especially in
| cases of privilege.
With respect to The different states, the com
| mon law with special exceptions has been eth
| er expressly or implicitly adopted or its nri,,
| cipies have been enacted ia statutes. and that
law has conferred upon the state courts and
iegisiatures The power OF Furnishing for con
| tempts. The practice of the states therefore
furnishes no example for us. The authority
| claimed is not given by onr constitution or
laws and II cannot be derived from the com
mon Jaw, because we DO dot recognize the law
| itseli. BESIDES, the state legislatures possess
other and very different powers from those
belonging to congress. Our authority is linn
tied by certain fixed and definite landmarks
men powers are plenary and ample; tiey pos,
sess all that are not delegated 10 us. We are
a branch OF a limited government for certain
precise and special purposes they are roy.
| ernmentS for all other purposes without any
iIhiiaiioh OF power other than that prescribed
ny their own constitutions. The cases there.
tore are not analogous, and from their pr.,tioe
| we can derive no sanction
Tie authority of the courts of the STATES TO
Punlsh Ior cohtenpts, is upon the same ioun.
dstton: They have required it nv tile adon
tlon OF the common law or BY express statutes
The courts of the United States maintain The
same power by virtue of law of congress-
me iitst congress which assembled under the
constitution, composed of the trainers OF that
instrument, have given their construction of il
IN the law which they passed in Septsmbor
1852; by which authority is given To All ,lte
courts OF the United States " 10 punisb nv 6rc
or Imprisonment all coutempts Of autborfty i'm
| any cause or hearing before the same" If ali
courts possess the Inherent power coute;ded
TOR, then did that venerable body. 10 whose Ia
pols we 80 frequently appeal, commit the sole
clSln or granting that which was already nos.
sessed. ariIom il, sir. They knew fiat fhey
were originating an entirely new system nud
they Intended that il should enlanate from tLe,r
hands, complete, and as perfect as they could
make IT. 10 was an experiment, il was entirely
new nothing like it had existed il began
abore intending to limit it, it became as no.
cessary to give sufficient powers for The exc
cuiIon OF The contemplated purposes, as it was
10 prohibit the assumption of those which
were not granted. Such was tie course pnr-
sueu' aud our government, like our courts
possesses no powers but those contained iu The
compact which spoke il into existence.
.Iavo done Sir viii, H.. 80. c....l...-:.