The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-06-20
WHOLE NUMBER 1863.


crclse any power which is not derived from
the constitution. We hold that the privi.
ieges OF the Senate and of the House must
be looked for in tho same instrument. and
that none exist except those which are ex-
prcssly declared in the constitution. or set
forth i'll some law passed in pursuance
thereof or some rule adopted under the
authority Of the same. 1t would be strange.
indeed, if the trainers of the constitution
should have denied to all the departments
OF the government, collectively as well as
to each Individually, the exercises of any
other than the powers expressly delegated
to them, and yet should have left to the two
houses the right to claim and exercise privil-
eyes independent of the grants of the con-
s,itution.
I Congress can pass no law subjecting any
citizen to punishment unless it shall be in
pursuance of power delegated by the
constitution nor can the Executive exer-
else any authority unless It be derived from
the same source. II, however, we are per-
mittcd 10 look for the privileges of the
Senate and Of the House TO some other
quarter than TO the constitution, it would
present the strange anomaly Of denying to
the two bodies in their legislative capacity
tho exercise of inherent or infcrential powers
affecting the liberty Of the citizen, and yet
granting to either one, in their separate po-
sitlons, the exercises of such a power It
would seem necessary only to state the prop
ostion, and that its bare statement would
carry with its own rcfutation.
The admission of such right would con-
stitu'e either house of Congress Legislative,
judicial and an executive power combined
having the power of Legislature to pass
the law, the power Of q judge to expounJ
it, and the power 10 execute it. A more
perfect dcspotism never has and never can
exist than-if such be the fact-does exist
in either branch of Congress.
r. In reply to the assumption that the par
lament gives the source from which this
authority is claime,l, the powers assumed
and exercised by that body are considered,
aud upon this subject the following opinion is
expressed:
1t is thus seen that the British Parlia-
mcnt, Under the doctrine Of privilege exer-
cised an unlimited power .ef fine and i'm
prlsonment, and in some of the cases cited
have gone SO far as to banish the citizens
from the realm. In other cases they y.haveT
caused their private dwellings to be searched,
and, without other authority Of daywsahb1
that exercised by virtue Of their assumed
privilege, havo seized. and destroyed the
property Of the citizen. Will it BE contefided
that such powers can be exercised by either
houses of Congress? If Congress derives
its privileges from the parliamentary law,
and that parliamentary law recognizes no
otlieHrestraint except the wisdom and the
justice of those who exercise the power, then
it is for each house" Congress, at the time
of the commission Of any act which Il may
think proper to regard as violation ofhs
privileges, so to determine and to declaEsfhat
such act is violation Of its privileges, and
to inflict such punishment as it, in its dis
cretion, may determine upon. To this ex-
tent must the doctrine be carried, five
look to that source at all 10 ascertain tho
privileges of either house of congress. The
whole parliamentary law on the sub5ecA
must either be repudiated or adopted. If
we adopt it, we have, then, existing in our
country, body of men authorized, after
the commission cf ian act, 3foiaeclare that
act a violation Congressional privilege,
illuminate punishnsnt for it, andsexeonte
the same; though at the time the act was
committed neither flIe person committing
it nor the:membas of'the body thetnselyes
entertained that its commission
would bel attsn such results. 80 4
monstrous ;sdn.. our Sudgisut,
cannst and sugtt bs maintains
We find Id N,a decision, to, which the
majority Of THE: comn1ittee hare come i'm
this case striking iiiussrstioon ofstbs, dan.
ger Of leaving this Question ;sto the .discre--
tionaof az majority at tths House. Yhsy
have n6t only. elsitlesi iahe fright ta p1k
one Of hesmeDbsfs Of tbs Houss fofan
alledged assault upon a:I ,smbSr ofths Sen
late, blssthey also claim tint It is a6feach
Of the privileges Of the House for oIssof
their members 70 be4a&are of the fa4stht
Iit is the pnfpQse Of any other mesnk
call to- account Senator fors perseaats ae
fence, and faiieto disclose that fact eaihsfto
fhe SENATOR who Is thus threatened or to
|sEMss sother psssou. If the Holss -co1ffh7
Eya5 Ssportsofsthe majority by the psssS1sI
Ebf the resolution proposed By them iR fsEl
ference to Messrs. Ketfsand Edieupd E0i5ihl
viii laye selemuly declared that while thsy
arg Aot. accessories ito;ide easAsslik edSsit-
t6y f Book .tiiepajc tSss saxpsssa
eip tbak e!atgss |4
II. q 3 q issss is'ssss 3
taas pom lianS
EakisIs 4 sflsdsto sosam6SE