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


tacs upon itself its members BY that grant Of power
you have right to pass laws with heavy penalties
curing your existence from all illegal attempts II you
do not choose to exercise this power II is your fault
and furnishes for the assumption of special
summary, and tyranncal jurisdiction. By passing laws
under this power the offender will be handed over to the
courts and not be debarred of his constitutional privileges
which is in conformity to the spirit of our institutions
Foed in their plea of necessity the advocates of pre-
rogatVe take refuge in the parliamentary law Parliamen
tary law is the talismanc word which is to supply all de-
fciences What has the parliamentary law TO do with the
power of this House, Why there Is possible point of
comparison between this House of Representatives and the
English House of Commons This House has limited pow
II possesses powers that not expressly confer
red upon II by the constitution necessarily implied The
House of Commons is imperial House Of unlimited pow
They have said to the House Of Peers Go outP and
they have gone gmmerng through the mists of things that
They have said to the king Descend from your
throne and TO the executoner On with his headP and
the head Of the king has rolled from the block No power
has been able subdue them except Oliver Cromwell
He put them down, man of iron as he was.
The House of Commons is an imperial House-above
kings above peers above constitutions There Is an
oRy between the powers and privileges Of that House and
this House Of Represen There no ground of
alogy whatever between them why, sir, from whence
Is this prerogave of the House Of Commons derived We
told by Haam that the House of Commons exercises
Its prerogave of furnishing for breaches of its privileges
from prescription and from express statute. What is
the prescription of the law2 Prescription is that
which exists from time whereof the memory of man run
meth not to the contrary Sometimes it is said to be
founded upon statutes worn out by use. think that ID
what Coke says about it
Well shall found privileges upon this right OF
prescription Why, this House was born but yesterday
Its life il but day ia the lifetime OF nation. Why there
are noble families in England which date back to the
Norman conquest-oenturies before this House our
constitution emerged from the bosom OF time We are
not old enough to claim by prescription We must
claim by express statute of which there is pretenee
Therefore, the ground which the House of Commons
claim prerogative fails US.
There has been greater error in my opinion In the
view which American lawyers have taken OF the consu-
ton Of their country than in this Difference to the para-
mentary law of England They have followed bndly the
Gle of English precedens without looking to the reason of
them They have been satisfied in going to the books to
find that such and such the powers under the para
menary law OF England They do not look to the origin
of the parliamentary law of England. say there has
been greater than in going to parliamentary law
for the derivation of our powers We might as well
seek our prerogauves in the customs OF the turkish d.
do not speak of that parliamentary law which has
reference the order of proceedings in this House That
law has been adopted authority certain extent Any
writer the subject might have his work adopted in the
same way The Manual has been thus adopted for the
government of the House Therefore on these grounds it
strikes that there is flowing from the parlia
menay law whatever in this House exercise these pow
| ers and prerogauves.
The argument does not stop here If this House claims
the right to punish in this summary way because 1t Is
legislative body why then does not the prerogatve ex
tend President He has aegislave power greater
than half of either house. His veto cannot be
raled unless by two-thirds vote II the legislative power
gives this House this great power whence then does this
House derive it? We imperial House III we take
the constitution the President Is equal In legislative power
Legislative power gives prerogave to the House.
then it also gives it to the President But nobody claims
that does give it to the President The honorable gen.
eman from Ohio will not claim that power for the Pres
dent great as may be the Presidents legislative power. 1t
will not be contended that he has the power to punish for
contempt If he has such prerogatve though he has
this great legislative power, why 1t claimed for the
| House2
There again sir lawyers go astray. They look into
English history and they find that the House of Commons
claims this power on account of its legislative
They find that the British king does not claim it. because
il necessary for the British king to claim it. for the
that he amply protected by the statutes of treason
and msprson of treason and hedged in by that divinity
which doth surround king. They find, therefore eu
thoy in British history which to claim this power to
punish for contempt by the President of the United States
and they do not claim 1t for him. If they had the
preceden for that that they derive from the House Of Conn
mons doubtless they would claim the power for the Pres
dent
Again: at IN early period, as far back as 1884, this
matter considered with reference the power of the
Of the country TO punish for contempts and what
the decision OF both houses Of Congress that time
Both houses by the of 1881 prescribing the jurisdiction
OF courts to punish for conemp declared that there should
be power in the courts 10 punish for coutempts except
for eohsspts the face OF the court Well sir what
the meaning Of that law Ii was an expression of the
Of Congress that 1t dangerous to trust the
with such power and that the constitution did
authorize H. II the of the Congress of the United
States that such power ought not 10 rest in the
hands Of the Judiciary Well sir If the judiciary cannot
be usted-those who hold the scales Of justice with
m even hand-who will say that the power ought to be
conferred this House. which cannot in the nature Of
things be supposed impartial politically other
WISE the Of the country The fact that the
houses far back 1884, thus acted in reference
tempts very stForg expression Of opinion by the Con-
gress of the United States that II neither polite
constitutional consistent with the rights and liberties
Of the people summary and unlimited power Of
puuishipg for contempt any body Of would ask
again. 10 this power under which the House acts legisa
tive judicial power Ii Cannot be legislative power
because the only mode in which the House in its
legislative capacity general rule Ia TO pass act
resolution a law Neither when the House acts In this
manner does IL act in judicial capacity, for by the
suon "the judicial power Of the United States" is vested
in the courts And here Is another fundamental error
made in attempting compare this House TO the House Of
! Commons Of England. II House Of Commons Of Eng
land the great judicial body the FIRST court in Eugland
Attachments for contempt cannot be considered in any
Of the Of England, because In issuing from the
House Of Commons they issue from Of the highest
courts Of England But this House is not a court II
legislative body. These attachments for contempt in
England justified In very great degree by the lawyers
by the power Whch the House OF Commons derives the
hrs court but In this respect there analogy between
this House and the House Of Commons
WE'LL sir again 10 illustrate the Of the analogy
tempted be drawn between the power Of this House and
OF the English House Of Commons 10 England the House
Of Commons will punish for libel Meu have been scourged
imprisoned and pilored for libel In England. Wen, does
body claim the power In this House punish for libel
here apprthsnd not this day In the earlier period
OF government when bad not got well accustomed
10 the working Of free institutonswhen had not be-
instinct with the idea Of republieansmthe Senate
did claim this power TO punish for libel 10 the case OF Du
Duane proceeded against for llbe-they prose-
cuted him but the spirit Of the country that early
day, aroused against them they driven back
by public opinion and were glad 20 leave the matter