The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-30

ou,-uasd Zoe 10 fOls, in power never dreamed of BY
~ a@srs q the constitution when they enacted that
d.uaa
an rFht 10 my oonsiructIou then II stands thus
ai ~ fat 81 the constitution gave TO each house the
poser - w&bh laws Of order and they gave to each
aaa Us preVr and appropriate powerconsequent upon
huths olmrpgasnal power 10 punish the members for
siasoa - sboss laws Of order previously established
fh Akss ne saang u the word @dsorderly and gives
ssehs.e. Prsuss, sac, and constitutional meaning
rhs axxt qapston 10 a. 10 the pOw0 granted to this
hass ~ ~ Uaaoadng portion Of the clause land with
- eueusni " two-hirds 70 expe msmber' &c. What
y n Taning u ~ Upon The other side IL Is eonended
ha poser osurFvd 10 expel generally for any con-
49, - asaa twotirds may ,hi0k Improper 1t is ar
suaa 1haa u i Substantive P0wtrhe power TO eGpe for
a. pfutsr cQnanct insist that IL 10 not substantive
sFant ~ po1er but that u Is limitation OF power al
tY 9fan1rA L0ok 81 the whole clause take the whole
saMalsFhs spirit ths context The law hrSt au-
tsraSs she Uu. establish rules Of order and then to
aah ~ shs vs1OR " these rules Of order and gives
~ g4p ~ POSER sKpel wh the concurrence OF two
thsaa 70 sap or whsti Why, for the very thing for
whse 10 hSas has NE poser 10 STANDARDIZATION OF the
raps a had not hssn icr that clause the power TO
paHssh weasa h4xevnabsa tbT House 10 eKpe member
ky snaBs taspFsty Bat this clause comes In as imi-
aon ~ ms user, and aays yoa Cannot eHPsl member
Saaspt W ne oonruFEtnes " 'wO-'hrdS The general
0ue Push tEtsmaa s4pusi0n, 40 that 10 one form
ID B9BlahassaA Ths rauatoR VI two-hird vote s GER
Alt thaFNfurp ltatAon The general power 10 pun
sA bsnK rattAsioS u cannot 10 more than hmi'a-
tluh "a eanRsi b. . Substantive grant Of power.
ThRl ks rahHE ~ the tsFms OF the clause giving the
power expeA u 10 the thing ~ the constitution
'a sasa Yea @ay paaah 70. 'ss Violation o. laws Q, or
rruUs 81 twohtfds Of tLR uembcga you may punish up
tbs gMt VI RAPuEloR ny tns Sote 81 majority, buIyon
sabo panh ~ expulsion unless win the consent Of I~o
thirds
IL Ar speaksr We consider The oheacs which II was
important 10 guard against Cor which was neeessa
viii IL ioand hst il 10 iLs offence u The violation OF laws
Of order because member who paFasenuy violates the
lave u 0rdsrwho would 1rample upon them aud con-
any disturb and annoy the House and interfere with
its business become nuisance In the House His
preeenoe would be lBOlsTahle the negaon OF all egsa-
uOn and therefore Necessary for the House 70 have
the power 20 sKpe such individual who would justly
excite the condemnation Of twOhiTds Of the members Of
| the House.
Now Mr. Speaker insist that that the true conSruo-
ton OF this clause of the constitution. Suppose that the
trainers Of the constitution bad designed 10 give to THIS
House the power generally 10 exe for improper conduct
think you not those wise who framed the eonst
tuition would have designated and expressly marked out
the OF that power What do we ind In the oons-
tuition kindred this matter We ind in relation to the
power Impeachment that this House has the right to
mpeach all civil officers for certain specified classes OF Of
ences-for "trason bribery, or other high crime and
misdemeanor and conviction removes them from Office
Well cir when they undertook 10 provide tor the power
of Impeachment they designated what class Of offences adj
mitted OF impeachment they said treason bribery or
other high crime and misdemeanor That clause Of the
constitution refers all the civil officers Of the govern
ment of the United States. Think you, sir that the
trainers of the constitution held the rights Of the members
of the House. and Of the other house OF Congress- ess
regard than they did the Office Of district iudgef Why
no. sir They specified what class Of offences the other OH
GERS of the United States might be impeached for and
would they not specified the class Of offences which
might be punished by they had intended give
general power 10 expelY Undoubtedly Their not having
done Is strong argument 70 show that they only In
tended limit the power Of punishment TO expulsion IN
regard in violation Of the laws of order IL seems
me- then far that clause OF the constitution con-
cened that there no power in this House TO take eogn-
zance of this the which is recommended by
the majority Of the committee IL to that the
conduct Of the gentleman from South Carolina involved in
this case dAordery conduct in the In which
II "A hat ka IN dtaFa
embrace general class OF Offences bat restricted TO
those offences which violations of the law OF order
yopsy established consider It, therefore perecty clear
that that clause of the constitution does embrace the
case OF the gentleman from south Carolina shall there
fore make further reference to that clause and shall
in the balance Of my argument treat The subject withou,
any regard those clauses Of the constitution to which
have already alluded.
Now sir where else viii the committee find this power
which they caimH We told In General Houston case
this House has the power to punish for assaults and
batteries tie members by virtue o. that clause Of the COG
sttutiop which grants TO this House the power 10 compel
the attendance Of abSeat members and that having the
pow.r TO the attendance u 1smbsrs whenever by
assault and battery member prevented from
the offender violates that clause oil the constitution and
guilty Of contempt OF the House and may be punished &C
cordngly why sir that s the most ar'ie'ehsd oonou'
sion possible Il Is very evident that that clanss Of The
constitution intended to prevent voluntary absence u
merely Intended require that those members who were
not willing attend should be compelled 10 attend. II
never contemplated that IL to be used 10 insure the
tendance uenbors kept from the House Involuntary By
that The writ Of Aab1s eOTpEs, and the action OF tres
pass for false mprSonmen adequate remedies But
against the membsr voluntarily absent there legal
remedy therefore, for the House TO have
this grant power compel the absent membsr 10 attend
10 spite OF himself Hence this power conferred upon
the House That the extent Of this power Can you
dstur this power into implied power the part OF the
HUu to punish any who mtg h commit assault and
battery SIR, there is clearly nothing Ia that idea.
Then again the power punish Tor assault aud battery
Is claimed from that clause Of the constitution
which that every member shall be free In his person
from arrest II s said that assault and battery Is
limited extent arrest and therefore in violation OF the
privilege OF the member and in contempt Of the House
But sir that is illogical conclusion. What did the
constitution ipend 10 guard against II intended 10
make unlawful that which hitherto lawful Without
that Of the constitution II would have been lawful
members OF Congress 10 civil actions It would
have been lawful tor any private citizen thus 10 arrest
him. The object OF the constitution therefore, TO de-
prive the Of this power OF arrest which they ud
otherwise have bad # not Intended by the consu-
ton to do a nugatory act-to make illegal act which
was then illegal That not tie intention. The pten-
ton OF the constitution cear-to make illegal
rest by the courts which otherwise would be legal There
fore this clause Of the constitution has nothing whatever
to do with Of assault and battery by private c-
zen That is matter unlawful In itself and II
whatever under this clause be said that assault
and battery is a contempt OF the House.
Well sir, what other clause 10 relied upon That
which privileges member for anything said In debate
This had reference to illegal assaults upon members
The object protect members from actions Of SANDER
which, without such constitutional prohibition could have
been maintained 1t furnishes pretence for the
sumption of power in the House to punish for con-
tempts