Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-05-24

Cie VIII contend, since this provision, that
mere are any other privileges; when, there
iofe, the question arises about the right of
Puhlsfing tor contempt, it is really ques-
'oh' not OF Pri0jtege, but of pozrcr. 1t will
now be attempted briefly to inquire into the
powers OF the House: they are to be found In
several sections of the first article; they are,
Isl. 10 choose their own Speaker, and O.
lieF officers; 2dy. To originate all bills for
RAJ sing revenue; 3dly. The sole power Of
impeachment; 4thiy. 70 determine he rules
u us own Proceedings, Furnishing IS men:
"1l 10. aisoraaI.y behaviour ana exuGl.iaa
= member .fi,h the concurrence u tWc
l'''f",, 3t'y t1e rover O. i43ea ,e 40
elections, qualifications aaa s7>4Iae ct is
members. II the proposition be .rue, tia.
the enumeration OF two distinct personal pr.-
Ihegcs TO the members be evidence that the
teaiaefs OF the Constitution designed them
10 nave no more, 1t would seem to follow, by
party OF reason, that the enumeration of Ger
tam powers, as being iven to the House,
was evidence that the House should have no
more powers. 1t Is sometimes contended.
'hat, from the nature Of things, the House
must EGVc certain inherent powers, and a.
.il'h@St others, the power OF protecting itself
IRON insult; the provisions Of the Constitution
EaboFe referred TO, seem TO furnish an answer
to THIS argument: for, if we are 10 inoute ia
tne House OF Representatives. any Inherent
power, what could more cmphaticallv fall
within thai class than the following: a mower
TO choose is own Speaker, without which il
could not even be organized; power 20 de-
terinine the elections, qualifications. &c. Of
lis members, without which il could MOI
know who were consti.utionai!y elected. =
power to punish It's own members for disor
Derry behaviour. without which there would hc
Danger, III some period, OF an utter prostra-
tion OF a! order; the guarded caution. which,
thought It necessary to unpart 10 the House
power &c give itself organization and action
within l-se!t, surely did not mean to leave
the same House ut liberty to range in the
ooundicss field ofwild and capricio us precc
Gent, III search OF power to punish their fal-
low cttlzehS, whatsoever and hoHrsOeYcr i
pleased, without any chart or compass to
;5Hitic us course, or limitation 10 restrain il.
save Only It's own mere discretion, in actinn
Oh maXiLns and modes Of proceeding locked
up III It's o"a bosom, until applied in individ-
: G0l caSeS; ne correctness Of this idea NAV
( ''I strongly enforced by reference to the pro
VISOR Is 10 punishment IN cases of imn.ach
Lnc''i H.u5 ii IS declared that punishment III
cases Of impeachment shall not extend far,
: e.
qualification, &c
| Now, ii would be strangc. that j, tbcso
case SIN 'Yhici! the accusation was prcfcr,eI
by the House, and tried by ths, Senate Tie
accusing and trying bodies being thus d..
! tiAct and III which, TOO, tie Seniors nv.
required tc be upon oath, there should be .
siriot limitation ofpoWer, and vet, in the ca,
sca OF contempt, in which the accusing and
Trying BODY are the same, ana they are nor
upon oath Tor that purpose, there should be
n unlimited power Of puu isitment, both ~
70 i.ihd and amount. But there are other
provisions OF the Constitution which bear mn
on ibis question. Thus in the second sec.
Ton OF TIE tnrd article, il is declared that
the iTlai ci al crimes, except in cases ofim.
Fcachincht, shall be by jury. Now, crime
h!S Been defined To- be the omission ofsomc-
tH"g commanded, or the commission of
something prohibited by law Unless the
act III question shall correspond with one or
the other branch of this definition. if * not
the SUBJECT Of punishment at all; and if it be-
tdcli II Is crime, and as such, ought to be
tired by jury. But there is Il provision in
the NTH amendment Of the Constitution.
which Is deemed to be conclusive: ii is this:
that no man shall be deprived OF life, liberty
or property without due process of law
The phrase, due process of law, is believed.
&c u tcrmini, to imply, that it must be before
a Judicial court or magistrate: but all the in,
dicIaI power ofthc u. States, except that Sta
ted 81 the first article, is vested in the court,
Of the Union. An application will now BE-
maze OF tins reasoning. The House of Com.
moas consider it equally breach of priyi-
cGe, ior which they punish, to assault or
slanacr member; now, it is supposed, that
u one q our members were slandered or L.
De'ie1 III d newspaper, that we should not
h'Ie IN" power Of furnishing, Off we cxcrci-
SEQ th2l PoWcrwc should cease to Icgislatc,)
ana WY! Because the first amendments
prohibited the passage of any law ubridrinr
'he freedom Of speech, or of the press; so
when tie fifth amendment prohibits the dc
pTr'ation OF life, liberty, or property, but by
duo course Of law, il follows, that. as com.