Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-04-03

Dut what ~ the attfrattve Ihe Argyll
ment obviously leads q, the total annihilatio
al the power of the house OF representatives
10 guard i,self from contempts, and leaves II
exposed 10 every indiyniiy aud interrnption
that tudvbess caprice. or even conspiracy
may mediate agains, IL This result is fraucht
with tao much absurdity not TO bripy into
doubt the soundness ~ any argument from
Which IL Il derived. That a d, liberaiive as
semrls, clothed with the majesty OF the people
aud charged with the care OF all that is dear
Z" them comp s.d OF the mos, disti,lr ujsh ed
citiz-ns. selected aud drawn tos ether from
every quarter ct great nation whose de-
hbsi aiiops ATE required by public opinion 10
be conducted under the eye OF the public,
and whose decisions must be clothed with all
thai ssactity which Unlimited confidence in
their wisdom aud purity can inspire: that
such an assembly should not possess the
power to suppress 'udeness or repel insult, is a
suppOsitiOp too Wild to be suggested. Aud,
accordingly 20 avoid the pressure of these
| considerations. il has been argued, that the
'ishi Of the respective houses TO exclude from
| their presence, aud their absolute control
| with," thci own walls carry with them the
| hight To punish contempts committed in their
presence, while the absolute legislative pow.
er given TO congress withiH this district ena
bies them TO provide by law against all other
| Insults against which there is any necessity
| for prosiaing
| Ii is to be observed, that SO far as the issue
OF Tins cause rs Implicated, this argument
| yields ali right OF the plaintiff in error 20 de
cisiU Ia It's fdv0r for non consfat" from Ire
Iteadinss, but thai this war, ant issued Tor an
| oHence committed IN the immediate pTesence
| OF the house.
Nor isit immaierial 10 no ice what diff al les
| The negation OF this RICH, in the hoass OF re.
| presentatives draws after il when il is con.
sideie1 thai the concession OF the power, if
exercised within their walls, relipQuishes the
! great ground OF the argument, to wit: the
| want OF an express grant, and The uprestrict-
| ed and underlined nature of the power here
set us. For, Way should the honse be at Ii
AM nm taA
and und' hned power within thor ais. any
| more than without them Ii the analogy with
| individual right and power he resoyied 10,
WIN reach no farther than TO exclusion
and requires no eAuberance Of iuagiua.
| tion 10 exhibit the ridiculous consequences
| WHICH might result from such restriction,
imposed upon the Conduct Of a d.liberative
assembly.
Nor would their situation be materially re-.
heved by resortins TO thsir legislative power
withis the district. That power may, Jude ed
De appiied 10 many purposes, aud was intend.
Ell Wy the constitutions TO extend TO many pm.
poses indispensable 10 The security aud dig oi v
OF The general government bur they are pur
poses OF more grave aud general character
IMAM the 'hfnces which may be deuomina.
leo con,emr's and which from tbsir very ma.
tuT'. ADMIT OF no precise deinition. Judicial
gravity VIII not admit OF tho illustrations
which TINS remark would admit of. Its cor
rec'n'~ ~ asiiy tested by pursuing in ima-
ginatIon Legislative attempt at defining the
Case TO winch The epithet cortempt might he
reasonably applied.
But, although the cgtncs be held und, fina.
OLE u Is justly contended that the punishment
| NEED not be indefinite. Nor Is il so.
We are not now considering the extent 70
| witch The Furnishing iowsr OF congress, by q
, iegsiailve act, may lie carried. On that sub
teci the bonnhs OF their power are to be found
! ID the piovisioDs OF The constitution
The pieseni question is. what is the extent
OF the Furnishing power which the delibera.
tive ns'embiirs of The uDiou may assume and
exercise on The principles Of self preserv ton !
| A"nlogy and the uatu,a of the case furnish
the answer: :" he least possible power ADEQUATE
| TO The end proposed > winch i, the power Of Inn,
| prisonmeht- IL may At first view, aud from
! the hisioty OF the practice of our Legislative
/ bodies lie thou, ht 10 extend 10 other inAic.
! tions. Blu, every other will be founa 10 he
| hie c"mmuiAit0n tor cOnfinemen al sine
commitment alore is the alternative where
the individual pr YES contumacious And
| even Ia III" duration OF imprisonment a peri
| Oh Is imposed by the nature of things since
| The existence OF the power that inn iisous il
Indispensable TO its continuance and, al.
though the legislative power continues per.
pttuai, the legislative body ceases TO exist on
the moment OF its adjournment or periodical
dissoluiion. II follows that Imprisonment
must terminate With that Adjournment
lhis view OF tie subject necessarily sets
| Bounds 10 the exercise OF a caprice which
1 has sometimes disg raced deIiberatiye n.sem,
| Dies. When under the Influence of strong pass
siOns OF wicked leaders, but the iDstapces of
which have long since remained on record
only as historical facts, not as precedents Tor
| imitation. In the pr esenf fixed and settled
state OF English institstions, there 10 no more
dagger OF tbsir being revived, probably, than
in our own.
Bat the American legislative bodie. have
| never possessed or pretended TO the omnino.
| tenee which constitutes the leading teaInre
! In tile legislative assembly OF Great Britain
| aud which May have led occasionally TO the
| exercise ofesprice under the spe cious a % pear.
| dnceOt neElted resentment
| IL u De inquired, what security ia there that
| with an ofhcer avowing himself devoted TO
IT'S WILL the house of representatives will con.
| line It's punIshing power to the limits of i'm.
prisoumeHt, AID not push il TO the infection
OF corporal punisimt NJ, or even death. AVID
exercise 80 in cases affecting the iiberiy of
speech and OF the press the reply is to be
| f0nnd ~ the consideration that the constitu
| ton was formed in and for an advanced atate
| OF society, and rests at every point on receiv
| ed opinions and fixed ideas. II is not a new
| creation, bnt combination Of existing mate
| rails, whose properties and att,jbutsa wore
| Familiarity understood, and had been deter
| mined by reiterated experiments. II is NOT
| therefore, reasoning UPON things as they are
| 10 suppose mat any deIiberstivp ASSEMBLY,
constituted under IL, would ever assert any
otherYrigbts aud powers than those which Ina
| hetn established by long prac,ice and con.
| ctdrd by public opinion. Melancholy also
| would be that state of dsirnst v hich rests not
| hope npun moral influence. The most al.
| solu'e tyranny could not subsist where men
abuSe ~, much less a government which has
! no other basis than the sound morale modera
ton. ard cool sense, OF those who CONFUSE
| IT, Unreasonable jeaIOusies not Gully blight the
pleasures. but dissolve the very texture of
society.
But il is argued that The Inference. If any.
| arising under tie constitution, ia against the
exercise of thR powers here asserted NV the
| homse OF representatives that the sxpress
grant ut power To punish their members res
pec'iVeIy apd to expel them. by tue appli.
cation OF familiar maxim, raises an implica.
lion against the power to punish any other
| than their own members
| IhIi argnment proves too much for its di .