The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-11
IL nrinciple Of law lhat cote,nnn,.n,. o,.. .


probation is strong argument in favor Of the true
meaning Of the law. Now what was the cotenn-
poraneous construc': on put upon the Constitution
on the very subject of our inquiry Did the Court
consider that they had the power of Furnishing their
own members for what took place out Of the
House They did for at the first session after
the adoption of the Constitution in 1880, Com
mittee was appoi~.ed oy the House to inquire into
the conduc. of Capt. Perrin, member who was
charged with taking exorbitant price for grain
sold to the army at Newport. In l782 Commit
Tee was appointed to inquire into the conduct Of
Alexander Nichols, member from Bristol who
was charged with improper conduct. In these
cases IL was not pretended that these members had
showed any contempt to the House in its presence
nut sun the House was satisfied that it had iuris
u!ction IN the case. IT'S true it d. not punish
eIther OF these members, but it was not becag Sc
.hey had no jurisdiction, but because they found
that the charges against these men could NOT he
sustained by proof In 1913, John Williams of
Deerheld, Abel Wood of Pownalborough AMI G.
las Fowler of Southwick, all members If Tho
House, were expelled for acts committed ont of
the House. Williams was elected and again re
turned to the House, and again expelled. Here
we have plain expression of cetemporaneous
construction. Most of the men who framed the
Constitution were in the government ut this time !;
and they at their first session after the loption Of
that instrument, exercised the power of inouring
into the conduct of members out of the House
and within three years actually expelled three of
their members "
Another case occurred in 1887. iona. Grout Of
fetersham, member, wrote letter to the Speak,
er, charging him with arbitrary conduct this be-
ing known to the House. a Committee was ap-
pointed to inquire into it. The Committee re-
ported that the charge against the Speaker was
false and groundless, and that the Speakers con-
Duct had always been correct This report was ac-
cepted by the House. The same wear. Walter
MFarland, member from Hopkinton, was ar
ra'gned before the House, charged with having
spoken against the government this was adjusted
o ,;, humble apology on the part of the member
The same year complaint was made against the
member from Charlton, and tie member from Com
way The same year the member from Montague
was expelled, as was the member from Ludlow in
1900. 40
NOW II cotemporaneous construction be worth
any thing-ltt the practice of a great part of the
trainers Of the Constitution, adopted the very wear
the Constitution was formed, and continued for a
iohg series oil years, is any just index the opn-
ions OF those who framed the great charter of our
rights, we may conclude with the greatest certain.
y that they believed that the power of furnishing
Its own members, was an unaenable right and
that 1t was possessed by government in com.
mon with all others
But why do the advocates for the opposite doc.
trne rely as implicitly upon the construction they
give to that part of the Constitution, we have quot
&c; when they themselves maintain a doctrine at
"iet thCH OWH CONSTRUCTION neY allow
tha' the House may punish its members for con-
tempts committed in its presence The Constitu
tion SAYS That the House may punish those who are
NOT members, for contempts committed in its pres
ence But if the express grant of one power ex-
ciudes all others, then the House cannot punish
us members Tor contempts committed in its pres
ence VIII 1t be said that crime is any greater
simply because it is committed in the presence Of
the House, or is 1t any greater when committed by
one OF the people, than it would be- if committed
by member I The Constitution gives the House
the power OF imprsoning for thirty days any person
not member, who shall threaten harm TO the
body or estate of any member; but on the stranl
position | am opposing, if a member should as
sault dozen of his fellow members or so threat :
en- them as to prevent their attendance at the
House, nothing could be done by the House to
prevent this evil Our Legislature has the right
OF authorizing their Committees to send for per-
sons and papers, and if any person not a member.
should arrest witness he would be liable to thir
t. days imprisonment; but if he happened to be
member he could do it with impunity ; and thus
tale halls OF Legislation would be made sanctuary
Dor crime. But there is no end of the absurdities
mat would grow out of the position here opposed.
congress the power Of Furnishing members and al
81 to expe them but it says nothing of its power
over those who are not members. What rule of
construction has Congress adopted on this subject
40 they contend that the express grant Of one
power excludes all others they do not. We
have before endeavored to show that the greater
power was that which extended TO persons who
are not members, and if tho Legislature had the
power OF Furnishing them, they would of course,
have the power of Furnishing their own members
Eut it does not follow so clearly that having the
the power to punish members, would enable the
Legislature to punish those who were not mem
eerS particularly for crimes not committed in
their presence. But Congress have exercised that
power; though the Constitution of the United
States speaks Of no power except over members
the House in l795 committed two persons by the
Eames OF Randall and Whitney, for attempting to
corrupt the integrity of members. Whitney was
imprisoned fortnight and Randall three weeks
and then reprimanded by the Speaker. In 1900
the Editor of the Aurora was ordered to be COM
mltted for having published something defamatory
OF the Senate. This order gave rise to consdera-
able debate. In favor of the order il was contend
ed, that every man by the law Of nature and every
body of men possesses the right of self-defence !;
mat all public iunctionaries essentially invest
ed with the power Of self-preservation that they
have an inherent right to do all acts necessary TO
Keep themselves in condition to discharge the
trusts confided to them that whenever authorities
are given. the means of carrying them into execu-
tlon are given by necessary implication that all
state Legislatures, and all Courts of Justice pm
lsh contempts. On the other hand it was main
famed, that State Legislatures were different in
their natures, from the General Government; that
the powers of the State Legislatures are oenary
they represent their constituents completely
and possess all their powers, except such as their
constituents have expressly denied them. Thus il
viii be seen that the minority in Congress-tbose
who doubted whether they had the power of puv
ishing contempts, allowed that the State Leqisl,-
lures had because they possessed all the powers
OF the sovereign people, except such as were ex-
pressly denied them by the Constitution
Now if Congress, with a Constitution which al
lows them Dunish their nbaro onl, H.. l.,
implication the right of furnishing others, how
much more forcblo is the argument drawn fror,
our State Constitution in favor of Furnishing men,
bers believe we have no decision of our Su-
preIne Court expressly this subject though
Judge Parsons, in Mass. Reports, Vol. 4th, Coffin
Us Coffin, allows, when treating upon this subject
indirectly, that the House has a right to expel its
members, --
Now in view Of this whole subject does il not
appear clear that our State Legislature has jurs-
diction the conduct of it's members And
why should they not Why should not those who
enjoy the honors and the privileges Of seat in
either branch of the Legislature, be under as much
restraint arc their constituents But we are
asked whether man abrdges his rights az a cti-
zen by becoming member of the Government
answer no, he is placed in the same situation thare
that he would be in il he were among the people at
large. But will ask in return whether his obpa-
ton to the House is diminished by becoming one
Of its members This must be the case if mem.
bers are exempted from those liabilities under
which the citizen rests. But it is inquired if the
House assumes the right of Furnishing It's me mbers,
where will they stop1 admit that it is possible
for them to abuse this power; and so it is every
other power which is given them. Every public
functionary, who has any discretionary power,
may abuse it, But where can power be more safe
y vested than in the hands Of men elected ANIMAL
ly by the great mass Of the enlightened people in
the State Let every member Of the Legislature
be courteous and respectful, and he will have no.
thing to fear fom hia fellow mo n,hars rrL;a -,