Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1834-05-22

As illustrative of this view of our privl- &c
Ieoes. suffer me to read an extract from JET T
ferson's Manual: Ic
"The editor of the Aurora having, in his :
paper of February 10, 1900, inserted some {
defamatory of the senate, and
failed in his appearance, he was ordered to
be committed. In debating the legality OF
his order, it was insisted, in support OF IT.
that every man, by the law of nature, and
every body of men, possesses the right OF
self-defence; that all public functionaries
are essentially invested with the powers oil
selEpreservation; that they have an inhe-
rent right to do all acts necessary TO keep
themselves in a condition to discharge the
trusts confded to them; that whenever au-
thorities are given, the means of carrying
them into execution are given by necessa
~ implication; that thus we see the Brit
ish parliament exercise the right OF punish
ing contempts; all the state legislatures
exercise the same power; and every court
does the same; that if we have it not, we
sit at the mercy of every intruder who
may enter our doors or gallerx N<nT by
noise, and tunult rcndcr proceedings I'M
practicable; that if our tranquility is tol
be perpetually disturbed by newspaper de-
9 famation, it will not be possible to exercise
our functions with the requisite coonessl
and deliberulion; and that we must there
fore have power to punish these disturb
ers of our peace and proceedings. To this
it was answered, that the parliament and
courts Of England have cognizancc of con-
} tempts by the express provisions of their
law; that the state legislatures have equal
authority, because their powers are plena-
nv; they represent their constituents COM
pletely, and possess all their powers, ex-
cept such as their constituents have ex-
pressly denied them; that the courts of
e the several states have the same powers by
the laws of their states, and those of the
: federal government by the same state laws
+, adopted in each state, by law of congress,
t that none of these bodies, therefore, derive
4 those powers from natural or necessary
r right, but from express law; that congress
e have no such natural or necessary power,
j or any powers but such as are given them
r by the constitution; that that has given
r them, directly, exemption from personal
!, arrest, exemption from question elsewhere
5 for what is said in their house, and power
t over their own members and proceedings
: for these no further law is necessary-the
' constitution being the law-lhat, moreover
: by the article of the constitution, which
e authorizes them 'sto make all laws necessa-
ry and proper for carrying into execution
e the powers vested by the constitution in
: them," they may provide BY law for an
S undisturbed exercise of their funcions-e
+ g. for the punishment of contempts, or af-
: trays or tumult in their presence, &c, but.
ill the law be made, it does not exist; and
does not exist by their own neglect; that in
the mean time, however, they are mot I'M
b protected, the ordinary magistrates and
e courts of law being open and competent to
e Ipunish all unjustifiabie disturbances or de-
A tamalions, and even their own sergeant
VINO may APPOINT deputies, ad lditum, to
aid him-3 Grey SO. I47 255. is equal to
small Disturbances That in requiring IA
: previous law, the constitution had regard to
the inviolability of the citizen, as well as
S of the member; as should one house, in the
regular form of a bill, aim at too broad
: privileges. it may be checked by the other,
I and both by the president; and also as the
law being promulgated, the citizen will
J know how to avoid offence. But If one
branch may assume lis own privileges
without control, if it may do it on the spur
OF the occasion, conceal the law in its
e breast, and after the fact committed, make
: It's sentence both the law and the iudg-
ment, on that fact; if the offence is to be
kept underlined, and to be declared only cr
: re rata, and according to the passions of
the moment, and there being no limitation,
! either in the manner or measure of the
punishment, the condition of the citizen
will be perilous indeed Which of these
doctrines is to prevail, time will decide.
: When there is no fixed law, the Judgment
5 on any particular case is the law of that
particular case only and dies with it. When
new and even Il similar case arises, the
{ Judgment which is to make, and at the
same time apply the law, is open to ques,
ton and consideration, as are all new laws.
Perhaps congress, in the mean time, in
their care foI the safety of the citizen, and
as well for their own protection, may de.
clare by law, what is necessary and proper
to enable them to carry into execution the
powers vested in them, and thereby hang
up rule for the inspection of all which
may direct the conduct Of the citizen. and
at the same time test the judgments they
shall themselves pronounce in their own
case"
l take it for granted, that until congress
snail pass laws regulating its privileges,