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

LEGISLATIVE PRIVILEGES

'Opintop y the Hnprens Court Of the United States
an the case of anderson rs Dunn
br.JuStice JOHNSON -SOtwitlstapding the
hh"." WHICH has been taken by the kIaintiff's
chnnsri in the discussion of this causr the
merits ct il really lie in a very lin,i ed com,
pass. The plcadnss have narrowed Them
n ,, IN The simple enquiry. whether the
house OF repres entatives ran take copuizancp of
conttmpiS committed a AUST TIA, tnsel Ives unde
suy circumstances The durpss com,iained
OF was sustained under a warrant issued IN
.on,pei NE party,s appearance. not tor the
actual inifctiom of punishment for An offence
committed. Yet ii cannot be denied that tho
p""tS 10 institute prosecution must he de
pendant upon the power 70 punish If the
muse OF representatives possessed no auIho.
ri'S 10 punisb Tor contempt tho init iat;n. pro-
cess Issued in the assertion of thar autLo.itx
ihHtt have been illegal; there was "A want nj
)urisdiction TO justify it,
II - certainty true, that there ia no mower
given ny The constitution TO either house IN
punish for coptempts except when comm;i.
.eu ny Their own members. Nor does ,hr
Ju"tciai or Criminal power given to the Uu,-
~ otateS. III any part expressly extend TO
Tue ihhicuon of punishment for contemot nj
Pithtr honse, or auy one coordinate branch of
ihe government. Shall we. therefore decide
that no such power eXisisf
u " tne mat snch power If II exists
must he derived from implication and the :. . ;
Nus and spirit Of our institutions, nre bos,ii.
10 the exercise OF implied powers Had the
iacWttes OF man been Competent TO the franz
i,is OF system OF government which would
nave ieft nothing TO implication fl canpot ,a
doubted that Tile effort would have bpen NJ. do
W the trainers Of The constitution But
what - the factf There is NOT in the ,rbo,e nj
t"At adiniraOie Instrument Il grant of powers
WINCH does not draw after il Others not 49,
pressed, bur vital 10 their exercise nn, snh
siantive aud independent, Indeed. but .nxiL
iafy and subordinate.
Inc inea IS utopidn that government can ex.
ISL Without having thu exercise OF discretion
x.
Onst OF sheh discretion musi rest on reauo.-
hiD'i'i!, aud on stated appeals to public nn-
p9"nd'ion. Where all power ia derived from
.he people and public funcIionatirs a, .ho..
Intervals, deposite their will. individual fears
may be alarmed by the monsters OF ina
danger =" "''ie
ssl No one is so visionary as to dispute the ass
sse'uo"' that tue sole end and aim of all our
INSTITUTION Ia the safety and Happiness of tle
cH;zen' But the relation between the actiou
ann ihe end Is no, always 60 direct and
p"'Panie as 10 strike the eye OF every obsery.
u. me science OF government is The most
aos'mse OF all sciences IL, indeed, that cau
oe called science which has hut few fxed
principles aud practically consists I'm liItis
uio'e .'an rue exercise OF a sound discretion
oPPIeu 10 Tue exigencics of the state as The
arse. Its the science OF experiment.
Dnt, u there IS one maxim which neress,,iu
" tioes over all others, IN The practical aonti.
S auou ol government, IL is, Tint the public
la n-sN
else me powers which the peOpIe have tn.
trusted to them. The interests aud diapity
OF those who created them REQUIRE The go
Uon OF The powers indispensable 10 the at.
.,aipuIeht OF me ends OF their creation M,
IS casual cOnflic. With the rights of narticn
idr INDIVIDUALS any reason 60 be uryed a.
Esinst lie txcrcse of such powers III
Wetch oeneah The gailows NAV reoine .t
s"e 'hte winch awaits him and vet I, 10 M
less certain that tile laws nader which ta =" ~
leFS were made for his Security m. ,,,
ftdSOhabie murmurs of individuals agaim.t
I'VE restraints ct society, have direct fen.
ushcy 10 produce that woi al of all DIES notisuo
"hich makes every Individual The tyfa,i
over his neigLbor's rights JAM
lhd' 'nt safety OF HE people is the sn-
ItSme law; not only COMFORTS with, but il
e." y, , TO- Inc tHUcise OF those DOW.
eIS 10 Their public iunctiunaries wiiI,owt
wren mar safety cannot he Guarded On ~
priucipIe VI ~ that cOuIts of Justice arc ~
FsfSaiIy arknowledged 60 be vested bv ,hai,
,e Y c'edn9p; WIN power 10 impose silence.
respect. aud decOrum, in their uteseuce s,d
s"oIniSsIO" 10 their lawful mandates. ana "a a
.vlohd,y 10 tlHs proposition 10 ,reseryo
.n' fseWes ann their officers from the az.
P'YaGH ahd insnlts OF pollution. ~
~ " true, that tue cOutts ot iu,t;co ~ a.,
united States are vested, by eEnfess s1,,.,a
provision win po"eT TO foe aud i,nnr,sa,,
,oi coniempis ;sbHt IL does not folIo,7 f,',n,
sn'e cncnm'tdpce, that they would not have
exercised thai power Without the aid IS 81
stainte. - not in cases, If sncb sboniJ ,"e
20 T"'cq sach atatuts provision NAV NOS OK,
Ien9 on The contrary, ~ Ia IppIsiaiiye g
'.'o 5 81 ms right, 40 incidental to a Grant
., t"acidi power, aud can only lie cossid.tad
ei!htT az an instance II abundsn, canIio,, ai
Jeg'siaiIse declaTstion that the mower -,
Pnbl'hiDg for contempt shalI moi extend be
Sop" us Hno~n and acknowledged limits NJ
pne auh iinPrisouineui. "
bni, IT'S coDtended that, II this por,er e,
we hopse OF representatives is 20 be asss,,s',
o" ths plea Of necessity, tie ground a. 80
D1oau ana tae result loo indefuite t,at ,hS
dinaie, bTaucb OF The government ,,,a., ,o'.,
,o me same J1stihcaLan, snd tie whole ~.
sume 10 tbenseiVe - the evsrcisn ~ ~, ~
p@,Tsr' The most y al iicenrioasne ., '"''
cd s"s;,,.' ~ an evil 10 be guard
c'''ne s'sy &c pushed