The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-04-11
ron the MASSACHUSETTS sry.

fRlNlLEGES OF THE LEGISLATURE.
Mn. EDiToE: The attention OF the public ba;
recently been called TO the subject of the rrisdc.
non OF the House of Representatives over the
conduct OF its own members. As several of the
Pabiic Prints have denied the right of the House
to cal. its members to an account for any thino
doneout OF the House, beg the privilege through
inc medium oil your paper, OF expressing nv views
upon this subject. From tho attention have paid
TO the subject. am fully satisfied that the Senate
or House has constitutional :.ght to punish its
members Tor crimes or contempts committed
out OF its presence. Selfpreservation is the first
law oil nature ; and it our government does not
possess this right, 1t is mere rope of sand which
VIII TALL asunder by its own weight. But our Leg
islature must, not only possess the power OF CON
tinuing us being, but Of preserving itself in that
state OF GOODNESS which is necessary for the faith
full discharge of It's duties. But if lis member,
when out Of the House, have right to defame
and SANDER the House, its members and officers
and this practice should be generally adopted, the
calm elaboration of the House would be entirely
destroyed, and thus the very object for which the
government was instituted, would be defeated
But this reasoning is met or is supposed to be met
by the Constitution itself. 1t is declared Chapter
l., Sections. Articles TO- II that "Thc House Of
representatives shall be the Judge Of the returns
elections and qualifications Of its own members
as pointed out in the Constitution; shall choose
their own Speaker. appoint their own officers, and
SN'eo tHS anu otutTS vi proceeding IN their
own House. They shall have authority to punish
by Imprisonment, every person, not member
VINO snail be guilty of dlsrcspect to the House, by
any dlsorderiy, or contemptuous behavior in its
presence or who, in the town where the General
court is sitting, and during the time of its sitting
snail threaten harm to the body or estate of any OF
It's members, for any thing said or done in the
House or who shall assault any of them therefor
or who shall assault arrest any witness or other
person, ordered to attend the House. in his way in
gong or returning; or who sail rescue any person
arrested by order Of the House.
And no member Of the House of Representa-
yves snail be arrested or held to bail on mesne
process, curing his going unto, returning from or
his attending the General Assembly.
The Senate shall have the same mowers in the
IKE cases; and the Governor and Council shall have
TUG sumo authority to punish in like cases. Pro.
,'ueu tiiat no Imprisonment on the warrant or or
Ger OF Inc Governor, Council, Senate or House Of
Representatives, for either of the above described
ohences, ne Tor term not u ceedJnp thirty DAYS
And the Senate and House OF Representative
may Try aud determine, all cases where their rights
ana privileges are concerned. and which by the
constitution, they have authority to try and de.
iermine, by committees of their own LENDERS or
IN such other way as they may respectively think
This part of the Constitution gives the House or
senate jurisdiction over the conduct of those who
are not members. Now will any person contend
'i'at 'he members OF either branch are under less
oo'sation TO the branch of which they are HEM
oets' tha those are who not in any departing Mt
OF the government Would it not be arbitrary in
lhe extreme-nay, would it not be tyranny IN the
government to punish one Of the SOVEREIGN peonle
out OF doors for crime which the members or Tho
government can commit with im2uhty If the
constitution had provided that the House should
nave the power of Furnishing either its own mem
Dois' VI those VINO were not members, but should
punish but one class common sense would have
uec'ued at once, that it should punish its own
r rA' was It the intention of the people in
framing our excellent Constitution to give to til ir
representatives the power of imprisoning their
constituents Tor acts, which were no crimes. if
committed by the Representatives themselves Z
II this IS the meaning of our Constitution. we
boast In vain of our liberties
But We are told that two principles of law are
10 be applied to the construction of this of
the Constitution" L. "The express grant Of
tam powers or things is an exclusion of all 9TH
eis' :. :, 1t is principle of law that penal stat
utes should be construed strictlyp Let us apply
these principles TO the articles of the Constitution
10 10 question. The Constitution provides that the
imprisonment, for the crimes therein tlisationed.
NOW II " the express grant Of certain powers ex-
cludes all Others, then the House can punish Only
6y imprisonment. Should they attempt to punish
by reprimand, for instance it would be a gross
assumption OF power. which ought TO call for pub
lie indignation. Is tbs the result TO which any
sound man would wish to be led think moi.
Al TINS be met by saving, 2at the major always in
clndes the minor, and So imprisonment includes
any less punishment; we reply that the same will
apply to Furnishing members. The right to pun
ism those who are not members Is the major, and
this from Its very nature implies that the same
power extends to members.
but VIZ are told that this part of the Con.
stltutIon Is in the nature of penal statute and
should be construed strictly. Let us adopt this
principle IN tile case before us. The article pro-
vides that the House may punish by Imprisonment
every person who, in the to,cn ichere the Court is
sitting, shall assault any member for what was said
by him in the House. Now if a member of our
Legislature who boards at Cambridge for instance,
should be there assaulted, would not every man
whose common sense was not trammelled BY legal
nlcetles, say that this came within the meaning of
the Constitution
In order to understand this part of our Constitu-
tlon, 1t is necessary that we look to the state of
Things which existed Immediately before its adop-
uon. Every person who is but superfcaly ac-
quanted with subjects, knows that in England
their Parliament las for centuries exercised the
right OF calling their members to an account for
what they may deem breach of the privileges of
tne House. They have even committed the Lord
mayor OF London. when a member of the House
OF commons, to the tower for contempt OF the
HIS uelHB Tue L dfllaEenthry law OF Eng
land it was adopted by the colonial governments
IN America. The Legislature of Massachusetts,
exercised the right of furnishing its members from
Inc hrst and this practice continued till the adop-
ton OF the Constitution. As imperfect as the
journals Of the Legislature are many cases can be
cited to show that this practice obtained In 1920,
Mr.. Gershom Wooded, member, was expelled
the House. for speaking against the ministers of the
Province In l748 membe, by the name of AL
len was suspended until he would make satisfac-
ton to the House, for offensive words spoken
against the Governor. In 1851, a printer by the
name Of Daniel Fowle was called before the
House, charged with publishing pamphlet, ell
titled g Monster of Monsters" which reflected
upon the government. Fowle was imprisoned for
this offence by order Of the House.
Now do not wish to inquire whether in these
cases the House acted discreetly. | cite them to
show that the House did exercise this prerogative
ahd IL the examples cited show that tire House
was unwise, that does not in the least affect the
question whether the House did exercise this right
You may pronounce these cases as extravagant az
you please you may deDominate them cruelty or
oppression; and the more extraordinary you make
them; the more you strengthen our argument
For the House would nor be likely IN c,rrv INV,