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


provision IN tie filth amendment is substan-
TALLY the same with one in magma charta.
1T Is true that IN the great case of Sir Fran
chs Burdctt against Mr.. Abbott, the Speaker
ot the House OF Commons, when this provis-
ION OF magma charta was urged in argument,
ic Coutt attempted TO parry its force, by
declaring that the law and custom of Parlia-
mont, are Il part OF the law of the land, in its
large sense; and that the expressions, accor-
ding to the law OF the land, and by due pro-
cess OF law, are in effect the same; the first
answer TO this is, that when the House of
Commons Imprisoned the Counsel, for ap-
pcaring Ill an appeal at their bar, against n
member of the Commons, the Lords voted
tins Imprisonment to be transcendant in
Tasion OF the right and liberty of the subject.
and against magma charta, the Petition Of
right. and many other laws, which have pro-
vIded that no freeman shall be imprisoned
or otherwise restrained of his liberty, but BIZ
cue process Of irsc. Again: Those maxims
which arc locked up in the bosom of Par
hlment, unknown TO the people, and pro-
ciul-ed Only Is particular occasions occur
can, with no pr0prlety, be considered as q
part OF the lar IF The land; the characters
TICS 81 winch are, in every point, the contrast
oI tins iaw and custom Of Parliament. The
law of the land, instead of being locked up
III the bosom of the legislator, is made known.
10 the people; and instead of consisting of u
set OF hasty fragments or sentences pronoun-
ced as Inc cases occur, it consists of gene
raj rules OF action, not spending their force
N individual cases, but APPLYING to the whole
community. But there 1t yet another an
answer to tins idea, which is deemed con-
elusive; # II were for argument sake ad-
united, that this law OF Parliament was a
part OF the law Of the land III England, il
would be Il part of the common lar. Nov it
Is not pretended that the common law be-
longs 10 the U. States as such; nay the con-
trary has been soemnly adiudgcd; particu-
larry IN reference to the penal part of that
system. This power is sometimes attcmp-
ted to DE supported, by comparing it 10 that
cNcr,iscdby Courts, and State Legislatures:
IS it regards the Courts of the States, al
though II is an anomaly, it iscaimed upon the
ground Just discussed, part of the Com
inon Law, which, it has been seen, does not
belong to the u. States as such. As it re-
CARDS the State Legislatures, they are the
repositories of all the power Of the people
which are not otherwise granted or prohib-
led to them, whist, as 1t respects Con
@ress, II is apparent, from the Constitution,
that u was intended to define the partic-
'ar power which, together, they should
possess, Us the Federal Legislature, and al
50 those powers which should belong to
each House separately. The example of
TIC United States Courts is against the ar
glment; for Congress have, by express en-
nctInent, given those Courts power to fine
and Inprison for contempt, which would
nave been wholly nugatory, if they possess
cd it before
If it should be asked, whether the two
Houses of Congress are to sit at the mercy
~
them. without power TO punish him! The
there is no reasonable probability of such
violent breach of decorum being wantonIy
committed: but as 1t is a possible, though
extreme case, it will be met by showing
Fery simple and obvious remedy. The cham.
bcrs III which the two Houses sit, are I'M
der their exclusive control. They are au-
ihorized to establish the rules Of their pro-
cccdmgs, and to appoint their officers; it is
competent, then, for them to declare by
their rules who $haU and who shaU not be
admitted within their chambers; it is equally
within their power, 10 put out any person
who may conduct himself indccoror!slv; &c
tordIngjy, 10y one OF the rules of the House
ct Representatives it is provided, that, in
of any disturbance or dsordery con-
cuct, in the galleries or lobby, the Speak
cr, or Chairman Of the Committee of the
whole, shall have the power to order the
same to be cleared; for that purpose we are
furnished with officers, such as a Sergeant
alarms, doorkeopcr, DC. whose duty it is
10 execute tic warrants and orders Of the
House, and to preserve order when neces-
.Gsary. This, then, is a plain and adequate
remedy for the removal Of such interruption
IS obstructs the progress of business; as to
any thing else, let the offending party be
prosecuted III the judicial tribunals; or it is |
competent TO Congress to make legislative
provision, Il il were thought necessary.
The same sagacious writer, from whom some
quotations have already been made, holds
'is language: eve now question the doc
"trine OF po.oer, in the Commons, Of i'm
"orsonng for any thing, but what stops the |
..ioceedings oftha House, and is done IN |