Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-03
DEBATE ON COL. ANDERsoN's CASE.
Ifrom "a IN. neln. Pre

CONTINUED.
MR. TUCKER, Of Virginia, said there was one
thing at least i'll which he would most heartily
concur with the gentleman from New York,
whp had offered these resolutions TO the house !;
that the exercise OF the power of committing
for a contempt of this body, was of SO smhar-
RAISING character. and was in some respects
so little cOnsonant with the general principles
to which we yield our assent, that ii was desi-
rablc another mode should be adopted of pun
ishing offences of SO deep dye, without briug-
ing the offender for his trial and punishment
before the body whose privileges had been
intringed, and whose dignity had been insuited
IL was tor TINS reason that on former day lie
had intiinated an intention of submitting to
the consideration of the house a. resolution
similar TO one of those under considera-
ton, directing a bill to be reported for the
punishment OF the offence OF bribing, or az.
tempting TO corrupt member of congress 1t
was for this reason also, that, how ever henous
the offence OF the party whose case was now
before the house, lie was on the present oCca-
sion disposed to manifest towards him tho
greatest moderation and forhearance. He
was so averse to the exercise of power TO
punish, where the offence and the punishment
are so umdefned and where the tribunal
which Judges cannot fail to be animated with
iudignation against the offender, that he was
inclined, on the present occasion, TO dismiss
the party, alter the offence had been inquired
INTO, without farther punishment than the
reprlmand OF the speaker; and TO provide tor
any future case by the enaction Of law impos.
ing penalties adequate to the offence.
could not assent TO the proposition of the gem
tlenlan nom New York, which disayows any
authority IN tins house to punish the offence,
as Il contempt. 1t appeared TO him essential
that tins power shoaid exist in the house CT
representatives, though il might be wise in
them to relieve themselves tor the future from
tue embarrassment OF exercising the privilege
themselves, by providing for its punishment Jy
t0tr. Whilst he could not doubt of the consti-
tntlonal powers OF the house OH this OCCASION
he would ask gentlemen what would be our
situation, II we were without such powers?
what would be the effect Of promulgatng to
the world that the house OF representative
was at all time to he approached with inpuni.
y, by the vilest corruption' That brides
might be offered, without hazard, BY the mosl
infamous o. mankind, and that the constitution
had lett this body without the means of pre-
serving pure the fountains Of legislation, and
o. projecting Itself from so vile coutamina.
toa he should hesitate much before he
should adopt proposition which might lead
20 Sucn dangerous results and lie should be
diIgent IN examining the principles of the con-
stlfutlon before he could give his assent to
doctrine which would sap the purity of this
body, tor the preservation of which that con.
stituilon was so selections
Nor was he disposed to coincide in the opi,-
lou OF The gentleman from Virginia, (Mr. Bar
bQur,) that, as IL is at least doubtful whether
we possess the power asserted, we should de.
cline the exercise of it. He was not satisfied
that there was reasonable doubt of our pow
ers. Ingenuity may throw obscurity and diff
perceive what part OF the constitution pre-
sc'ioed to us as rule, to reject the exercise of
every power where doubt could he thrown
around il. On the contrary, in taking the
solemn oath TO support tue constitution, to
winch another gentleman had so empIaticnily
alluded, he felt himself equally bound TO pre-.
serve TO the federal government, aud to this
body, their inst powers, so as to guard against
encrOachment OF the rights of the states or AN
extension of the powers of the union Ii was
equally the daty OF every member OF this body
10 prevent the most vigorous and useful branch
es from being Topped of as TO array himself i'm
opposition 10 every assertion of uncunstitn.
tonal powers. Upon all occasions of this
kind, however douetful and embarrassed
might be the question, it was the solemn duty
of every member to examine it according 10
the best lights which heaven has given him
and TO pronounce fearleSsly the result. 4, was
This conrse he should endeavor TO pursue in
presenting very few remarks on the conStitu-
tionai powers of thi. house.
There were, he observed, two kinds of pow.
ers granted by this constitution enumerated
powers, aud incidental or accessory powers
lie first expressly specified in the constitution
she latter falling under the general grant ofali
- necessary and proper poICerS," which termi-
mates tile enumeration of the powers conferred
OIL the general government The latter in
deed, wouid have existed independent of that
Clause, since, according to the principles OF
common reason, whan power is giytm to do
"a act, a power of employing the means neces-
Sary 10 its execution is also given by inDica-
ton.
While, therefore, it is readily admitted, in
relation 10 these two classes of powers, thar
the power now asserted is not expressly given
IL IS confidently alleged TO be fairly incidental
TO the power OF legislation and it will be con-
tended
'Fhat the power to punish bribery of a mem
Der OF this house, Is vested somewhere in the
federal government; and
That this power OF furnishing belongs TO the
hcase OF representatives, independent of the
ether branches Cf government
That legislative body Should exist without
any power TO punish the offence of bribing its
members, IS "a proposition which seems too
InonstrOus to be alleged. Hence il IS !hat
gentlemen seem disposed to acknowledge a
power ~ tie legislature TO pass a iac which
snail prescribe punishment for the offence,
though they deny the power of this house to-
proceed TO consider and treat il as d contembt
Aud where, let me ask, can gentlemen who
aFc so technically accurate in the construction
Of The constitution, discover that clause of the
Iits.tdment winch expressly grants the power
60 enact such law There is none. The
boundaries Of the constitution cannot be laid
dgyvn with mathematical precision, by fie
s3Kare and compass. they must be aseert6tned
By tks principles OF sound reason and common
s2nse. ard by tie exercise of a lust discretion
W bile, therefore, We cannot discover the
power even 20 legiglate on this subject an the
express provision Of ihc Instrument il il
doubtless fairly Incidental to the power Of
lel isiatiOu. IL Is iuCOncrivatle that tho cou.
%euuon which framed the consultation. shofdd
have iulsGdgd the creation of legislative
body, wnjci, stroud be without the power of
fclf jrctcc .iga; without the right 10 assume TO
il ~ rceuO1n from disturbance without the
tpestla ct securing order H its deliberations
and sstHpnt he privilege Of preserving itself
entirely free lOm the influence Of fear or fh,
exemptions ot gold. Some of these incidents
g legislation, gentlemen have been compelled
10 adrit. la what situation should we BE-, II
ous deliberations were 10 be affected by iha
~ .ses0f she supiauecs Ofthe gallery .--if oh