Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-05-21

genius of our People, and The principles oil our
Go,ernment, as iHs dangerousIo the indlvldu>
al rights of the d,izen. In proof OF this, they
pruposelo take abrief review oil It's origin and
progress, as, als5 Of its practical applications;
in lhatdeliberalie assembly. which IS gene
rally regarded by those who assert the power,
as the source whsice precfdenis are to be de-
rived Illustrative Il the proper occasion Tor Us
exercise. 1t is aid, by a celebrated writer
upon the subject; hat the law of parliament is
to be sought aflersby all, is unknown only TO
few; that il is To te learned out Of the rolls OF
parliament, and dher records, AID by prece-
dents and continual experience; SHAT the max
inns upon which hey proceed, together with
the method OF preceding, rest entirely in the
breast OF Parliamen: itself, and are not defined
and asceriaincd b'any particular stated law;"
and, again, that tie dignity aud independence
oflhe two houses are, in agredl measure, pre-
served, by keeping their privileges indefinite
Thus it appears, fom the nature Of this Par
liamentary law, ard these Parliamentary privi-
leges, that they a,e incompatible with the prin.
ciplrs Of oua Govsrnmrn,, and against the dic>
tales Of justice; Nottingham, without sole
cism in language, be called iaaC, but some
rule of action winch is published 10 those who
law OF parliament, SO miscalled, is locked up in
their own bosoms and nothing can be more
unjust, ,hah to punish an individual for any Of
ieace against those privileges, the nature and
character Of which, being indef lite, are utter
ly unknown; and which only become known as
particular cases occur, thus making lhe indie
| lion Of punishment the first evidence OF The
existence Of the rule, under which II is IN
flicted. The improperly of such. a course,
which is apparent upon the graf principles OF
right and wrong, is strongly enforced by a rel
erence 10 the 9Th section Of the fl, ST article OF
the Constitution, which prohiblts The passage
Of TX post facto laws-the reason for this pro-
hibi'ion is, the injustice OF Furnishing as a
crime, an act, ind1ff; rent in itself, at the time
when /. was committed but, ia The eye OF rea-
son, there is no real difference be,ween punish
ing an act, which, al the time Of its commits
SION, ,0as not criminal aud furnishing one, which,
al the lime oil It's commission, ,Cas mol knoun 10
be criminal and, by singular coincidence, SUI h
| TX posi- facto laws, amongst the Romans, were
called Prtuhg'a, most apt name Tor Parl!a-
mentary prl,il, ges. The minority OF the com
mttee before quoting some examples Of the APP
pile alton Of this unknown law, and indefinite
privilege, will avail themselves Of the senti
ments Of very sssacious writer; Tor the pur-
pose OF showing their danger and injustice.
"Suppose, lsays he) man had personally Of
Tended the ma jori,y OF the individuals who
happen to compose jlry that is To try him.
But suppose twelve men to commence a pros
ecu,ion against ONE, and that those very indi-
vi1uals are, immediately, in The very rage OF
their resentment, euclu sed 10 pass verdict and
determine offs punishment for an offence against
themselves. Would this have the smallest
sembance of justice? On the contrary, is ii
not The very design Of law, TO take out OF the
hands Of The oUended, The Trial and punishment
Of The c0enders, and put it into those Of 'ndtDe-
! rent persons"'
The same writer asks, Why does not the
House OF Commons lei The People know their
privileges? Why are not those privileges es-
tablished by lazy? When they think them-
selves offended, why do they no, prosecute ;he
offender in legal and constitutional way,
which would stop all reflection upon them!
The Kings causes are tried in the courts of
Justice by judges and jury, who are Indifferent
bly, Of men whatever, TO be judge, jury and ere
cufione.s, in their own cause? Again, ne says,
Ii may be affirmed hat the People oil England
will never, while a spark of The fire Of liberty
remains, be reconciIed TO an assumed power in
Representatives, TO imprison their constituents,
without trial by jury.
1t would be diff rult to add to the force of the
argument in t"ese quotations. 1t has been
said that the union Of the Legislative, Execu,
tive and Judicial powers, in the same body Of
men, is the very definition Of Tyranny. This
union exists in all its force, in the case Of pun
ishment for legislative contempt; the same
persons are the accusers, the trers and !he
execu,ioners; thus, not only violating the prin-
ciple Of immutable justice, tina, no man ough,
TO be Judge Of his cause, bu, performing the
Office Of Judge under feelings OF excitement
the most unp?opitious to calm and dispas-
sionate investigation Of the case. This general
reasoning would, of,self be sufficient to justify
the declaration, that the doctrine OF privilege
and punishment for Parliamentary contempt, Is
of dangerous tendency, and incompatible with
the principles Of our Government; but it this
conclusion be deducible from general rea-
soning, how greatly Is it strengthened by ref
erence to that series of presidents from which
i, is said That the law and custom OF Parlia-
ment must be learned: From few Of the