Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1855-02-17

Snu d'Hou2H uie l69SIaNVo power CoHtiHueS
perpetual, the legislative body ceases to exist
The moment If its adjournment OF periodical
dissolution. 1t follows that Imprisonment must
terminate with that adjournment"
This dccision larmorizes W lih my own views.
and maintain that il i. sound law and entitled
10 the highest resrect.
But, sir, IL seems 10 me that II does not en-
aclly harmonize with the opinions which my
colleague Mr.. Bayly announced here the last
time this question was before the House II
understood him correctly, he then insisted Ina,
no decision could be shown that any one, not a
member Of this House, had ever teen made the
subject OF such action on the part Of this body
as had proposed
But there are ether cases besides the two 10
which | have referred. will refer 10 one OF
them now, shoN ing that, even in latter times,
this House undertook TO arrest party for an
assault upon ono Of lis own members. The as
saut was male on Penusy lvania avenue
The party was brought here, tried, and rspri-
manded by the Speaker Of the House Here,
then, are three cases. in all oil which the power
was claimed and exercised. All these cases go
10 show that the House has the power. and
E il has, on various occasions exercised thai pow
Or. 1t, has arrested individuals by It's OH
GERS, has kept them III confinement. brought
them here, after final trial, has pronounced
ment.
Here a message, in writing, was received
from The Preslen. of the United States, ty
the hands of Sidney Webster, his Private Sec
reary.1
Mr.. Letcher If the House do not act on the mat
ter it cannot be said hereafter that the committee
have been negligent and dereictin its duty, as was
said by the gentleman from Ohio Mr.. Edgertonl
MrI Durham With the gentlenan's permits sion l
will put single inquiry to him.
Mr., Letcher. Go on.
Mr. Dunham While wemay have no doubt as to
the right of the House to bring witness to the bar
of the House for examination in case, does the
gentleman hold that that power can be delegated
outside of the House?
Mr. Letcher. There was "a committee raised in
this case Just as the present was raised 1t was an
attempt to corrupt members; private transaction
between members and this individual at the mem
bers' rooms.
Mr.. Dunham. The gentleman does not ap-
prehend my question. 1t is this: Does the gen.
tleman find any authority by which the HOUSE
have ever punished for contempt III dsobedence
of an order 10 appear, not before the House
itself, put before one oil lis committees!
apprehend the gentleman will find no such
case.
Mr.. Letcher. The gentleman does not seem
TO understand the matter. How Came this
committee 10 be organlzed2 Was il not by the
order Of the Housed and was not that commit
tee clothed with these powers by that order in
express words? Ii is matter oil record; and
when this witness was summoned TO appear il
was not by ORDER oil the committee, but by
you, Mr.. Speaker, as the representative Of this
House You issued The mandate to the Ser
Ceant-at-Arms which was served by that officer
OF The House. So lar as we (ihe eomnil,ee)
were concerned we did not undertake. 10 bring
anybody before US. We reported The names
H. Ell. a.,
summons, and, through the Sergeant-at- Arms
ths parties were notified to appear. The COM
mitee had no power TO issue summons, nor
had they an officer 10 execute il. The sum
mons could only be issued by the Speaker, di-
recled by him 10 the Sargeant-at- Arms, and by
the latter executed upon the person whom the
committee desired 10 examine. Al the last ses-
sion, all the witnesses summoned appeared, anil
never, until This session, was there a refusal oil
the part Of any witness summoned to appear be-
fore us.
now proceed 10 cite other authorities in
support Of my position. Chancellor Kent, one
OF The mosi brilliant and distn eulshed Of the
men who have illustrated the annals Of Amei
can Jurisprudence, remarkable alike tor the
clearness and strength OF his intellect, his yar-
ed and extensive legal learning, and his sound
practical judgment, thus expresses his views
upon the question, in ,he first volume Of his
Commentaries, page 235.
"There is no power expressly given 10 either
House OF Congress 10 punish for coniempis, ex-
cept when committed by their own members;
cut IN the case of anderson, who was commit.
ed by order of the House OF Representatives for
a contempt oil the House, and taken into custody
by the Sergeant Arms, az action OF trespass
was brought against the officer, and the cues
ton Of the power oil the House to comuii for 4
contempt, has carried by viii of erroy to the SUI
preme Court of tue United States. The Court
decided that the House had that power, and
that il was an implied power aud Of vital i'm
porance TO the safety, character, and dignity
OF The house, The necessity oil It's existence
and exercise WAS founded on the principle oil
sef-preseryalon; and the power 10 punish en-
tends no further Than Imprisonment, and inat
will coutiue no longer than the duration ot the
power that inprisons. The Imprisonment will
terminate with the adjournment Or dissolution
Of Congress-
Chancellor Kent makes the following note,
referring 10 The commentaries OF the learned
Judge Story:
"Fhe decision of the Supreme Cont, in the
case oil anderson, is accomplished with course
OF reasoning which would seem TO be sufficient
10 place The authority Of either House OF Con
gress TO punish contempts and breaches OF priv
ileges or the most solid foundation independent
of the absolute authority of The decision. The
constitutional exercise of HE same power b,
each House of Parliament, has been Ieporledly
yindicaled IN Westminster Hall in the Nios
mastery manner. (Lord Chancellor J. DeGrey
in Rexsvs. Crosby, 3..WI's Reports. 1873; Lore
Peterborough, in Burdell u.s. Abbott, IA Easl''
Repor,s) Il is a power iaheren, i'll all lesisa
tive assemblies, and is essential to enable them
10 execute their great trusts with freedom aud
safety; and it has been frequently exercised
not only in Congress, but BY The RESPECTIVE.
branches Of the stale Legislatures, and may
be considered as ndspulably acknowledged am
settled"
Such are the opinions Of these distinguishes
iurists upon this important question. and they
concur fully in the opinion 0. The Supreme Cour'
Now, ii does seem 10 me that il precedent an'
authority can settle anything, the cases y hicl
have cited esa bsh The fact that This llous
has The poarer 10 protect itself; and the practice
ui the House, il seems TO me, Ut there were
nothing else, would make thai conclusion ire
sistible. How long has il been since this House
commenced raising committees oil investigation
Have they been in the uniform habit OF organlz
Ing them from the very foundation Of the Gov
eriinent 10 the present day? and have they moi
ALWAYS sJeea invested with The power TO sand
for persons ard papers, aad 10 examine witness
rs ,,nde, oath7 session alter session this has
heap dime let, scsoIdlng to my cueaeu e