The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-08-22

many cf them, with the British constitution;
and can It be pcsshu ,l.st they attvn,ic,l to
No many ,niuutc details ns ,hvv have,
aud neglected SO ir,rortart Il u,at:cr as thu.
power now claimed tW tho gentleman from
Chlof but this Question is not rested for
decision. on thi, view alone, strong rs b...
iicve 1t to be, The construction of the Con.
stitutfen must bc such as TO rive consistency
70 It rs whole; and the argument of me-
cessity or Inference can surely have no
weight against the express declarations OF
the Constitution itself, when it declares, in
tue ninth amended article, that Tho emu.
merat,on in the Constitution of ccrtai,,
rights shall not be constructed to DENY or
d'sParage others retained by the pcoplc:'
aud IN the tenth amended article it .Ic.iarcs.
The powers not delegated to the United
States by the Constitution nor prohibited
by It to the States, are reserved +, The
States respectively, or to the people" lu,
can an argument from Necessity or i,I,rrr;.:.y
oe supported III the face OF tirS.. ry,,'i,it
provisions negativiug Inc ns>u'nIni..n. Sir,
1t Is the most mollStruus prrlc,,>ion ever sci
ur, tor either House to claim itself invested,
from necessity or otherwise, witt, such rcn-
ary powers, under prctcnsc Of privilege, that
they can punish persons for offences com
mitted without the presence of the two
Houses.
The gentleman from Ohio Mr.. Bingham
said that this is the first occasion the power
was ever disputed He cannot then have
read the parliamentary history "f the conn.
try. He has not rca'l even Jefferson, Man
ual, which controls us here. Mr. jefferson
gives very briefly the history OF two cases
where the power was assumed, anil the rca.
sou therefor; and the reasoning in reply
he repeats approvinylv. lie saws:
10 thfs 1t was answered, that the Par.
Lament and courts of England have cor
nizaacc of contcmpts BY the express pro-
visions Of their law that the State Lre:S-
]attres have equal authority because their
powers arc plenary; they represent their
constituents completely, and possess all their
spowcrs except such AS tllcir constitutions
have expressly denied them; that the courts
Of the several States have the some powers
by the laws Of their States us those of The
Federal Government, BY the same STATE laws
adopted in each State, by a law of Congress;
that mono Of these bodies, therefore, drriv,.
their powers from natural or n...>-,rv ri"l,t.
but from express law; that Congress have
10 such natural or necessary power. lnr ANY
powers but such as arc given them hv ill.,.
Constitution that that has .riv.n t...a,.
directly, exemption from l"rsnna. arrest. rx-
cmption from question elsewhere for ia.
is said in their House, aud power over their
own members and proceedings; for these
no further law is necessary, tie Cons,itu-
ton being the law =; that, moreover, bv that
article Of the Constitution which authorizes
them TO make all laws necessary and nrnprr
for carrying into execution the l,owrrs vest
cd BY the Constitution in them they may
provide b. law for an undis,urLel exercise
OF their functions, c. g., for the punishment
OF contcmpts, Of atfrays or tunult in their
presence, DC. but. till the law be made. i,
does nor exist; and docs not exist from their
own neglect; that, in the mean time, how.
ever, they arc not unprotected, tlc ordinary
magistrates and courts of law being oprn
and competent to punish all unius,ifablr
disturbances or dcfama,ionS, and even their
own sergeant, who may obtain Deputies ad
t'6ifun1 to aid him, is equal to small ,l;Stur.
Dances; that. i'll reqnirin" Il previous law,
the Constitution had rcga., 10 tn. invi.,la-
bility Of the citizen, rs well as Of ilc mem
Der; as, should one House, in the regular
form BILL aim at too broad privileges. it may
ae checked by the other, and boil, bv tie
President; and also as, the law Icing pro-
:, mulgated, the citizens will know low to
avoid offtnse
"But if ono branch may assume its own
privileges without control, if it NAV do it
on the spur Of the occasion, conceal the
law in Its own breast, and after the fact
committed, ma ke its sentence both the law
and judgment on that fact if the offcnsc
IS to be'kept underlined, and to be declared
only er re ndta, and according to the pas.
nons OF the moment, and there he no limi
tation, .etler in the manner or measure Of
the punishment, the condition of The citizen
will be perilous indeed. Which of those
doctrines is to prevail, time will decide
Nv here there is no fixed law, the Judgment
.on any particular case is the law Of ,la,
a:nge case only, and dies with it. When
anew and even similar case arises, n inlr-
mont which'i to make, and at The same
time to apply the law, is open to question
and consideration, rs are all new laws.
Perhaps Congress, in the mean time, in
their case for the safety of the citizen. ms
well as that for their own protection. NAV
declare 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 citizens, and
ut the same time test the judgments they