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

HAGUEs 90 Hon. N@AGLAa ~ NNna. ~ Ne @AA@Anm
Mr. BUYCE Eagdf
NJ sPEaEFa am 6sslvuus = uassssN suas ahpsrss
uous uppu IBIS eass - ~ 6ssf,sus@H a0e' 1919 sAfg
involved l. Gus o. ts grFFeEsagagn8 Ss - U20 NtMsR
end ~ Es's Il. ssa s.. ~ . ~ I. ss. 800 ~
rrrrogatiye ssrths ~ rh9 a ~ pausa Wbn IN sss
hand, aud the privileges Y 90 sssstNu ~ - ssesf
Enpland these qatst0ns y prtfpEats ksss alwayt 49,
taxed the public miua 70 ~ praaQNpasst @sFths We a.
rscoIeeI bow, il tbs greet cs ~ hsmpsa ksgana as
disturbed upon the gusst0h n sttp u@nsy A. aasahsf
time In the reign OF lnmvs H. ths q tes
bishop England al sssltemsnt awalaR ths saasM
OF those viems Of oppression A.s u'sss Esssa' ps.'
when general warrants aasmpAsA - ~ 1aeFssa 10
the Of Wilkes, the Puhe AiDa Sas 81 90 hs ~ -.
,vtuiu what would he ths dscon ~ ts guara 10 oaT
country AT The period VI ibs Asa aua sselon aNs
the public mind was profoundly disturbed ~
the questions then before the Ao IN rsgfNngs
a Of this kind involving The rights ~ every e.
zen-ior although to-day Il mas w. tia eass - NJ FsbA
and colleague Tomorrow Ia may he BOAR case ny
or the case OF any other individual IN she couutFyhs
fore il is surprising that this eaKs HaUaid tRCtsn hf
deepest inteTeGt.
The great question Is as 30 the Jurisdiction th House
Has the House jurisdiction In reference The power ~
the House to act upon this matter y evident tea
they have any power upon The subject u must be asflxtd
from the constitution by express grant, by ReccssAy
impication and IL must Inconsistent with aay pro
vision of the constitution. That rule VI traetl0n 10
clear because government Ii government Of limited
powers All powers granted are by the constitution
ITSELF expressly reserved TO the people Of the sas There
FORE before you take step IN any direction yoa
must be able show that the power TO take II granted
by the constitution is necessary implication nom H.
Well is the power granted by the constitution II 90,
desire to know what clause Of the constitution coniers the
power2 Doubtless, shall be pointed ~ 10 that
clause of the constitution which has teen much referred
to- where this House given power TO punish It's msmotrs
for disordery conduct and with the consent Of wohlrds
expe member. confess that that clause OF the con-
stuon the only which TO me TO admit Of
argument affirmative of the power Of the House In this
case But the slightest examination Of that clausenot
m rely by its words but by its spirits sufficient II seems
10 ne show that the idea arises from entire mscon
A., Rba, NJ fNatua
The KEY 10 the clause is in the first line OF it. Each house
may detercne the rules of its proceedings That is the
great idea. SC"e poet has SAID
"order is Heavens first law"
order is equally the first law of every deiberatve body
1t said that body OF more than a hundred
could be anything else than mob AT any rate, no
body of egisate without order. One cause oil
the unfortunate of the historic kingdom OF Pc.
land was the disorder which existed in the Polish diet
Order them is the first necessity of legislative body 1t is
vital spark indispensable TO existence The trainers OF
cur constitution understood this and in order, therefore
give the legislature the means OF preserving ITSELF they
gave the power make rules of order Well, what
are rules OF order Laws of order This term rules
used in the constitution in the OF laws in several
places The constitution says that Congress shall have
power make rules concerning captures land and
wafer" and for the government of the land and naval
forccs That laws and in this clause it means
laws also Each house under this clause of the eonsttu
iion has power establish laws OF order This power
thus granted each house. is contrary the general
principle OF the constitution, which conlers Legislative
powers upon all the coordinate departments OF the govern
urnt and upon of them. But the importance o
each house controlling its proceedings rendered II
necessary to give to each house power 10 make thess
laws of order But this grant of power would have been
nugatory, if the constitution had gene further and
delegated the power punish for violation Of the laws OF
order otherwise the power would have amounted moth
ing. They then Immediately followed up the grant Of
power each house make laws of order by granting
each house the TO punish for violation Of those
laws of order. They did this by inserting the words
and punish for disordery behavior"
The construction contend for is, that this power to
cDnduct Is 10
TO make laws OF order; that being responsive, il
therefore necessarily limited by it, The object of the CLAUSE
first grant the power establish laws of order and
AXE that grant of power efecua it granted secondly
the power to punish for violation OF those laws Well
then, according to that construction this House would
only have the power, first establish laws Of order-aws
necessary carry its legislative functions while in
sou-and then 10 punish for violation Of those laws
such violation being alone in the OF the constitution
''drsorderly behavior.
VA as understand it, is the meaning OF the CLAUSE
graning power punish for disorderly conduct This
term dhIrdery' Is capable of the extended
ing whereas IN the constitution II Is used in special
srcled and technical sense applying simply violation
Of the Of order. The planetary lie controlled
~ Of order which their Creator has imposed upon
them The SUM- the moon and the stars all evolye in ap
prupRte orbits in obedience those laws OF order
should Of those heavenly bodies mady depart from Ia
sphere and 6y heAdloug through space
inst other worlds that would be violation of the law,
ord,r which the Almighty has IMPOSED upon the
verse,
Que going into a theatre and langhing A. an affecting
p,s,npc Of the performance would be Violation of III,
laws If order. Going into the parlor Of gentleman and
remaining thre against his will, would be n violation
order All these instances would be disorderly
Ldnct Bat certainly, 1t is not in eItendeda
Mat lnc flames OF the constitution intended to
rsn. II il used in that extended sense in wha
Is II used IL only be in that specific
wu,h responsive to the first power granted in tn,
cause-tnt power TO make laws o. order. 1t is in tina
llt insist tho power grated to punish for dis
sry cunduct-to punish for violation Of laws of order
Ir, trus,y pr scrhed.
s.ppusc that the trainers Of the constitution had design
0 give the general power which is claimed attaches
b, "dtaordery" Think you they did not under
aLd lie Of language better than SO napprop
word that2 They would have used q word cover.
in1 and Expressing what they They would
not have used the ambiguous "dsorderly" in refer
pcuea Improper conduct elsewhere They would
ha.c used which would embrace improper conduct
But they used the peculiar term "dsor
drry' They, therefore, did intend give to the
House the power punish improper conduct elsewhere
committed The "disordprly" is apt word 10 ex
press idea insist intended but by IL was mean
what il is commended by the other side OF the House. II
would not have been apt termt would not have been
with that happiness of language which char
ar'rrlrd the frainprs Of the constitution.
consider therefore that the word disordcrly" never
could have been intended convey the general power
,med for it by the majority OF the committee but that
intended to what have contcnded that It does
against the violation of the laws of order
Again If the trainers OF the constitution bad designed
give the power to punish for general dsordcry conduct
tho would have put that power that part of the con
sUadun where 1t found, but in another part So i'm
Iortant provision would have an incident
clause but would have stood like promon.
tory by itself
Again the construction which contend for is which