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


u spark OF the fire of liberty remains, be re-
conched to an assumed power in Representa-
streS, to lmprison their constituents, withou,
trial by jury.
1t would be difficult to add 10 the force OF
the argument in these quotations. 1t has
been SAID that the Union of the Legislative,
Executive, and Judicial powers, in the same
body of men, is the very definition of Tyran-
ny This Union exists in all its force, in The
case OF punishment for legislative con.
ltempt the same persons are the accusers,
inc 'riers, andthe eXecuttoners; thus, uotoL-
y violating the n-,nciD.z &; ,-24I:Iy..Ab!e a.
tice' tn1t no man ought IT, &c ( ,ulay Of his
Ida'e; oet FeI!0riGu-s TIC once oi Judge un-
uef 1eehhsS oil eAcitetncli the most Unpropi-
tioos 10 calm and disPassionate inyestiga-
tioh OF the case. This general reasoning
Would OF itself, be sufficient 10 Justify tie
! declaration, that the doctrine OF privilege
ana punishment tor Parliamentary contempt,
Is Oi dangerous tendency and incompatible
Wlth the principles Of our Government: but
II ILLS conclusion be deGucibe from GENERA
reasoning, how greatly is it strengthened by
reference TO that series OF precodents, from
winch it IS sait that the law and custom OF
Parliament must be learned from few Of
t!l4 most prominent which VIII ROW be quot
ec, II VIII be seen that, instead Of the stream
ol justice flowing IL smooth and equitable
current, i: has been thrown into constant q
CITATION, sonleti.nes by caprice, sometimes s,y
TIC Violence oi angry excitement. 4 man
named Crahiicid was fined 5OO!. each. to
ioUr members whom he had sIandcred
lord LaEille was committed to the tower Cor
refusing to name Tie person who had written
/: letter to him, which Parliament Ead
/ Thought treacherous. la I647, an order was
MADE Tor several members Of the House. 10
take some OF the deputies Of the Sergeant al
AEIls, and TO break open doors and seize
trunks aad papers CT one Captain Vernon
/ IL 1854, school mastc. was examined fo-
+ ail Arlan book: the hool: was burnt by INC
haH1s o. the hanglnan. lie was confined IN
NeWg&te, and then banished to the Isle OF
sicily. There is 4 case which is remarkable
ZOE tie caprice which Dictated the punish
.Ilcnt; two persons were. placed back 10 back,
upon horse, and, with label, sDeci(yjDp
the oacnce; made TO ride in this manner
round Sharing Cross; and that, too for ar
! feSihis members servant, in violation OF .
privilege not now claimed Is, however. i
may DC objected, to some of these nrecc-
GENTS, mat they occurred III iyadtincs that ie
CURING the PERIOD CT tue long Parliament
some more modern ones VIII now be quoted
2 me case ci Shirley ". 2aGg. in the 27ll,
o. Charles the %, the House of Commons
4aihtaned, that an appeal taken from the
Iouft OF Ii'i!ncery 10 tie House OF Lords ty
+ ohiiiey, against F2gg, who was one OF their
: members, was breach Of their PRIVILEGES.
III another case, which was al appeal taLen
i.by Criape against VaiIlokoy, who was q
member, the! imprisoned the sergcants and
parriSsefS who had pleaded for CfsDe con
i'aFy to ali order otthe House as for Il breach
OF privilege. Ia The case Of Admiral Griffith.
lnembtr CERTAIN persons who had trcsyus-
sea Oil ms fisheries, were found guilty of
breach privilege, and were ordered 70
stand coinnnlted, and We're afterwards dis
charged, alter beng reprinlanded on their
Knees, paying the costs. And, even as late
aS ABOUT the year 1911. Sir Francis 3urIeu
was committed 10 tue l'owcr OF London. io,
preach OF privilege, in writing, or publish
lil@ libel, rs 1t was deemed by the House of
Commons In times more remote JUDGES
were Put III custody Of the Sergeant al Arms.
ano III one instance Judge Gerkiy was taken
on his bench IN Westminster Hall. by the
Usher OF the Black Rod, TO tie c-rcat terror
OF MS brethren; but the instances quoted Of
counsel being imprisoned for arguing 8 case.
ana persons ordered 10 be committed for an
alleged tTcSpas&, are strong illustrations oEthc
PoSitioh, that no man, OF set OF men. can he
safely trusted with the unrestrained pnwc,
OF Judging @iid PunisIling III their own case
III IS not sufficient TO saw, that TIE House
viii not follow such absurd prccedcnts; once
let 1t he settled, that it depends upon their
discretion alone, to decide whether there is =,
contempt or breach Of privilege. and to dc
eide both the Kind and measure cf punish
mcnt, without the power of any ofhcf sgSu-
nal to relieve than the citizens claim to !b-
erty, IS rot matter Of right but Of sufrance.
: Besides this view Of the case, upon rcnoral
principles, the minority Of the Committee
are satisfied, that the House does not pos
sesS the power N question, by force of yari-
Gus provisions OF the Constitution, to which
they will now refer In the 9Th section ~
the lst article, the privileges of the members
are precisely defined and arc rrodc T., ,.,..,