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

they remain untouched by any legitimate e>er.
else Of the power of this house.
The congress of the United States possesses
none bat delegated powers, both IN regard 10
the community, and the two houses OF which
il is composed. Each house, and each mem.
Der, has its rights bat they are not arbitrary
they are not lett tO be asserted AT pleasure
they are written down and clearly aScertained.
1t is with this latter branch of the SU eject that
we are now alone concerned and no farther
concerned, than as Il respects the privileges q /
the house, or its members. The privilege OF
the house, under the constitution, consists in
the power il possesses over lis own membets
and proceedings; the privilege OF the men,
beers, in their exemption from arrest, ana from
heimg questioo ed elsewhere for what is said in
the house. l. Anderson's offence a breach OF
priDiicge! Surely nOH If there are no other
privileges than those enumerated. But il is
contempt, AN insult, il is all that, aud more :;
hut the constitution and laws of the United
States are silent on these subjects; aud, al.
Trough will not say tuit we have no power Ia
legslate on them do think that we cannot
act on them without previous leg station. With
view 10 better understanding OF this sub
Jpct, have examined. with some care, the
constitutions Of the different states of the un-
ion; aud fnd, that, although the state legiS-
iatures are said 10 have penary power to re.
present their constituents completely, and to
possess all powers not expressly denied them,
tuat yet it has been thought better 10 define
and limit their powers, than TO leave them in
the breasts % those for whose more immediate
and personal benefit they wore TO he exercised
Accordingly, the constitutions of New Hamp-
shire, Massachusetts, Maryland, South Caroli-
ma, Ohio, Georgia, Tennessee aud Vermont,
dehne the privileges OF the respective houses
OF their legislatures in the same manner as is
observed in the consultation of the United
States: while others OF the states, where nrivi-
reg Is not dehhed, expressly give all powers
necessary for branch of the legislature OF a
re .ud indcprudt ga Stale The hnus,. Of The
A.
privileges than those expressly given, although
it's generally true, that they possess all pow
crS not expressly denied how then eau this
,onse, which has no powers but such as have
been granted, contend for privileges not emu
meIdted in the constitution
But, say gentlemen, tins Is Il question not of
privilege, bat OF contempt, OF insult of disres-
psct: privileges are defined and limited but
we are the sole Judges OfOWr powers in regard
TO contempt. II would seem then from this
OF the subieCt. that our powers in respect
ot privilege, cannot he so eXtcli'led as TO en-
Drace contempts and inSslts but that here we
stand on better grounds, for we can not only
create the power, bat judge Otis extent thus
are we weak aud Ies,sicted where power is
gwen but, Il 1t De not given at all, strong and
IRE SiStible.
The states, jealous oflegislative bodies more
responsible than the senate and house OF re-
personalities OF the United States. have not
tell with their own immediate legislatures un-
limited anu discretionary power in regard TO
ieuilS anu OlIef similar OtfeucCS.
They have not only said in what they shall
consist, but how they shall be punished; aud
can ind no offence whatever, of this descrip-
ton, punishable by either branch of any state
legislature, unless ii be committed in presence
ct the House. Tins it is provided bv tie
constitutions j have before spoken OF, that
each House may punish any disrespect, bv
ulSorderiy behavior an as presence BY impriSon-
ment, not exceeding thirty days. in some of
the states, and tweniy-fOnr hours in others
But lie powers of the State Legislatures would
not reach the case before us because if ii be
a contempt or insult il is not offered in pre-
seHce OF the HoAse and, If il he any thing
House can punish, then il must be breach OF
privilege; but pririege. is freedom from ar
rest, and question for observations made in
the House, and nothing more.
Taking then into consideration the satisfac-
tory views OF the gentlemen who have prece-
deA me, together with the provisions of the
state constitutions, am forced TO conclude
act whatever, done or COMM I'd without their
presence, unless 1t he breach of privilege OF
| breach OF privilege given by tho constitution
and, further, that ii can punish no contempt
insult, or outrage, thatIs not offered in its pre-
sence. The infamous proposition OF Anderson
is not breach OF a pririiege; ii is contempt .
an insult, an outrage, but il is not done IN
presence OF the house, and is, unfortunately,
punishab bic III neither case. The doctrine |
contend for, however iucOnyenient and res
trctiye, is explicit and defined, and at the
same time sufficiently broad 10 protect this
house aud It's members in the free exercise of
their rights. While, on the other hand the
principles of gentlemen, whe contend for
power 10 punish the act under consideration,
are vague ana Unsatisfactory, unlimited and
uncontrolled hut by their own discretion.
Debate 10 he coniinued.l