The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1856-08-06


followed up the grant OF power to each
House to make laws Of order, 10y granting
to each House the power to punish for a
violation of those laws of order. They
did this hy Inserting tic words, "and to
pni>h for diSordcrly behavior"
The construction contend for is, that
this power TO punish for "di>ordcrly" con.
dncI is responsive to the power to make
laws Of order; that being so responsive, il
is therefore necessarily limited bv il. The
Object of the clause is, first, to grant the
power TO establish laws Of order and to
make that gran, of power enectuaI, it
grants secondly, the power to punish for
violation Of those laws. Well, then &c.
cording 10 that construction, this House
would only have the power first to cs,ab
lish laws Of ordcr-laws necessary to ear
ry out its legislative functions While in Sos
sion-and then to punish for n violation
Of those laws such violation beng alone,
III the sense OF the Constitution, disorder
" behavior"
That, as understand it, is the mean.
lng "t the clause granting power to pun
i>h for diSoUIcr!y conduct. This "Ierm
GiSordclIy" is capable OF the most extcn-
ded meaning; whereas in the Constitution
1t Is used in Il special, restricted, and tech
meal sensc, applying simply to violation
OF the laws of order. The planetary sys
ten is controlled 10y laws of order which
their Creator has imposed upon them
| he sun, the moon, and the stars, all re-
voivc IN appropriate orbits in Ole iicnce to
those laws of order; and should ore OF
those heavenly bodies madIy depart from,
lis accustomed sphere, and fly hcadloug
through space, dashing against other
worlds, that would be "A violation of the
laws of order which the Almighty has im-
posed upon the universe.
One going into II theaier, and laughing
at an affecting passage OF Tic peliurm
ancc would lie "A violation Of the laws Of
! order. Going into the parlor Of "a gentle
man, and remnlning there against his will
would bc violation Of The law Of order.
All these instances would be disordcr!v
conduct. But, certainly, it is not in SO
extended sense tha; the trainers of the
Constitution intended TO use that tcrm.-
II II is not used in ,hat extended sense, in
What sense is II used 1t can only lie in
that specific sense which is responsive TO
To the first power granted in tn clause
the power TO max laws of order. 1t is in
that sense that insist the power was
granted to punish for d;sorderly conduct
to punish for violation Of laws Of Or
der, previously prescribed.
Suppose that the trainers Of the Con
siiiuiion had designed to give the general
power which, it is claimed, attaches to
this term "disorderly." Think You they
did not understand the use Of language
better than 10 use so inappropriate word
Us thati They would have used word
covering the case and expressing what
they meant. They would no, have used
the ambiguous term "disorderly" in refer.
ence TO general improper conduct else
where. They would have used tenn
Which would embrace improper conduct
wherever done. But they used the pccu.
liar term diSorderly." They, therefore.
did not intend to give to the House the
power TO punish improper conduct clso
where committed. Tie term "dIsorderIy"
Is AN apt word TO express the idea, | insist
was intended; but if 10y i, was meant what
Il is cont,ndcd rs the other side of the
House, il would not have uecn an ant
terin-It would rot have been in accor
dance with that happiness Of language
which characterized the trainers OF the
Constitution.
consider, therefore, that the word
"d'sorderly" never could have been intcn
ded to convey the general power claimed
for it by the majority Of the committee,
but that 1t was mtened to mean what |
have contended that IL does mean--pro.
vision against the violation OF the laws Of
order.
Again, if the Trainers of the Cons,itu-
lion had desigSd to give the power TO
punish for general disordcrly conduct
they would not have put that power in
that part of the Constitution where il is
found, but in another part. So important
y provision would not have come in AZ an
incident to another clause, but would
have stood out like a promontory by it,
self.
Again, the construction which con-
tend.Ior is che which is conformable TO the
spirit Of the Constitution. II there is any
one great idea which peryades the Consul.
tuition, which characterizes American lib
erty, it IS the ilea that no man, however
humble he may bc, shall ever be punish
cd except for the violation of some law
previously prescribed. The construction
eontended for the majority Of the commit.
tee would violate that principle. They
would give the House the right to punish
without declaring the previous law upon
the suIjeet-keering the law in your bos-
ON, and then furnishing for that unpub.
lisIed law. The construction contend
Tor would avoid this enormity. No man
in this country can be punished except in
pursuance " previous law. He has the
ight, before he is punished, to require you