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

uue process Of law, Is believed, er u t,,,,;r
to Imply, that 1t must be before ind, ,""'"
o. magistrate; but all the jud,ciai nov" .SlE
United States, except that stated in ,ha we
article, Is vested in the Courts Of Tho r. "'N
An application will now be MADE e =, nor.
s"a'ng. The House Of Commons eon,,I. 80. ).
equally breach OF privilege. for wL;rh y 1
punish, to assaults, or SANDER membrr. s'r'
il Is supposed, that, If one Of our m,mb.,. "'"'
slandered or libtlled in a nswspsrer H.. "''e
should not lave the power OF pun,sain, - We
exercised thai power, we should rc,, CIV" w.
gislate) and why? B cause the f,s, anruL' IT,
prohibits the passage of any law ahr;dura -,
freedom Of SPEECH. or of Inc press. 50 'N
the hl'h amendment prohibits The dr,r;,,,;,s
OF life, liberty, or properly, but by due ron ,Os
Of law, ttollows, lnal, as eommrmew uo'1S
be prlsation Of liberty, that c.u,o, ~
done without due course of law. 10,
a regular proceeding before iud,ia! ,r;b -, ut "
II may be useful TO pursue this idea rip,L,r =,
has been seen that, in one Case, the omr,'n,
banished man to lhr Isle Of SrilEy; if, wnI,,
trial by due course OF law, the Houss Of p.n,,
srnta,ives an commit, in like manner NAV i,an
Danish, and carrying the process one Stem f..
ther, and the lasi--'hey might, /! uss L.r
should be wild enough, take the lie ola c,,i,.n.
tor life and i5erly'ale only guarded in the s,,,.
words; and il they can take the lastly their mo,
Judgment, in their own Case, so thry might I,ls
the first. This provision ia the Gfib ,n,rd.
ment is substantially the same with one in Mo-
ma Charta. |, is tue, that in the prra, eass -
Sir Francis Burdeit against Mr.. Abhon. II.
Speaker Of the House Of Commons. when ,b,.
provision Of Magma Charla was urged in arpu.
ment, the Court attempted to parry il force, b,
declaring that the law and custom Of pa,l,.
ment are a part Of the law of the lind. i, y,
large sCnsr; and that the expressions. ac,ordir,
10 the law OF the land, and by due proes,i
law, are in effect the same; the FIRST a,syrr n
this is, that wien The House cl Commons i'm.
pIisoned the counsel, for appearing in an an.
peal, at thriv bar, against M mb,r Of he
Commons, the Lords voted this Imprisonment
TO be transc endent invasion on he rlphr and
liberty Of The subject, and against Maen. Char.
ia, the Petition Of right, aud many o;hrrliw,
which have provided, that n" frerm,n shah se
imprisoned, or otherwise restrained Of hi; i,
berty, but By due process q iaw Again: Thos
maxims which are locked up in the busam u
Parliament, unknown 10 the Peop,e, and Jo.
claimed only as particular occasions occur csl
with no propriety, be considered asa pat Il
the h,o Of he land; the characteristics Of which
are, in every point, the contrast Of his Law
and custom Of PailiamCnt. The law Of ne
land. instead OF bring locked up in The bosom
oftht Legislator, is made known 10 the People
and instead OF consisting Of a set Of has,y frag.
ments or sentences, pronounced as the cs>e5
occur, il consists Of general rules OF action, no,
spenCing their force IN individual cases, but sp
plying 10 the whole community. But their is
yet another answer 10 ibis idea, which is desm'
eJ conclusive: If ii were FOR argument sake ad'
mftted that This law Of Parliament WAS paii
If HE law Of the land, in England, i, would he
BART Vf the common icW Now il is not pretend
ed tha, the common law belongs to ,hr U.Sra't',
s. as suoh;Day, the cont AIRY has been 81 mn
ly.adjqdged, particularly in reference TO tue Pc
nal part Of that sys'em. This power /, some
times attempted to be supported, by compaThS
it 10 that exercised by Courts and Stale Legs
la'u-es; as i, regards The Courts Of the Sias'
although it is nm anomaly, i; is claimed UPo'
the ground just discussed, is a part OF the com
mon law, which, it has been seen. docs not De-
long to the United States IS such. As IT.
CARDS The State Legislatures, they are the tepo'
STORIES of all the power Of he People, winch
are not otherwise granted, or prohIblrd 70
them, whilst, as prospects Congress, 1t sap
parent, from the Constitution, that II was ~
tended 10 define the particular powers, "h'el
together, they should possess, as The f'dera
Legislature, an,. also those powers whICH
should belong TO each House separately INK
example Of the United States Courts is ag1In'
the argument; for Congress have, ny e1p't"
enac tment. given those Courts power 10 nv
and imprison for contempt, which wou!n "a"
been wholly nugatory, il they possessed II "
fore.
iii, should be asked, whether the two How
ses of Congress are 10 sit at the mercy oil ever,
intruder who chooses to insult them, "'''0r'
power to punish ,hem' The answer IS 'eiG!
one; in the first place, there is no ress''-%
Of such violent br'aeh OF oeeo'.%
being wantonly committed; but as ~ IS P'.n
bic, though extreme case, it will be MEL ~
showing very simple & obvious remedy 49,
chambers in which the Two Iiousessl az y.
der their exclusive control. They are au.""
lied to establish the rules oil their proeeea'"of
and TO apprint their officers; it is co,ops" ,,|a
then, for them to declare, by their RUGS ~,
shall, and who shall not be admitted VIZ"
their chambers; i, is equally within theh pI
Pr to put out any person who may nn, II