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

siruclion which contend for, of this term
"d'sorderly," you carry out this great
principle, and that great principle Is to
tuition. 1t pours light upon it, iIluminat-
ing it with the radience Of tIic noon-day
sun. By that great light read the Con-
sttution, and in it | find no power in this
House, or in any ether body in this coun-
try, to punish any citizen except for an act
which has been prescribed 10y previous
law, and It's violation Forbidden under a
penalty.
The construction | contend for is con-
formahle to the spirit Of the whole clause
first, giving to this House the power TO
protect itself 10y laws Of order, and then
To punish for their violation-a logical
consequence Of establishing laws Of order.
To give the extended construction cnn,cn-
dcd for, is to foist in power never dream.
ed Of 10y the trainers OF The Constitution
when they enacted that clause.
II am right in my construction, then
it stands thus: that the trainers of the
Constitution gave to each House the pow
or to establish laws of order; aud they
gave 20 each House the proper and APP
pr"rrate power-conscquen upon that
the consequential power to punish the
the members for IA violation Of those laws
of order previously established. This fix
eS the meaning OF the word "disordcrIy,' -
and gives it a technical, precise, safe and
constitutional meaning,
The next question is as to the power
granted to this House hy the concluding
portion Of the clause, "and with the con.
sent Of twothrds, TO cXpcl a member
DC. What is the meaning of it. Upon
the other side, ii is contcndcd that the
power is conferred to cXpcl generally fOr
any conduct of action two-thirds may
think improper. 1t is argued that it is a
substantive power-tlie power TO cxpeI
for any improper conduct. insist that it
is not a substantive grant Of power, but
that il is n limitation Of a power already
granted. Look at the whole clause take
the whole hjec, matier-thc spirit-thc
context. The law first authorizes lh,
House TO establish rules Of or,.cr: and
then to punish for tie violation of these
rules Of order, and gives the House the
power to cxp"l, with The concurrence OF
two-thirds. L" cXpel for what! Why,
for the very thing for which the House
has the power to punish-vioatiun OF the
rules. If it had not been for that clause,
the power TO punish would have enabled
the House % eXpel a member by a simple
majority. But this clause comes in rs a
limitation OF the power, and seys you car.
cannot eypel member except toy the con-
currence Oftwo thirds. The general pow.
er to punish extends TO expulsion, AS tha,
is one t,rm Of punishment. The rcQuisi.
ton Of a twothirds vote is certainly, there.
lore, limitation on the general power t.
punish; being a limitation it cannot be
a Substantive grant of power.
That is the meaning of the terms Of the
clause giving the power TO eXpel. 1t is
the same thing as il the Constitution had
said, "Ion may punish for the violation
OF laws Of order, but you shall not expcl
therefor without the concurrence Of two
thirds Of the membeGs-you may punish
up to the point Of expulsion 10y the vote ot
majority, but you cannot punish by ex
pu'sion unless with the consent Of two,
thirds"
If MIR. Speaker, we consider the offence
which ii was most important to guard
against, for which it WAS necessary To give
this House the power to punish and to
expc', II will be found that il is the offence
OF the violation OF laws Of order; because.
member who perslslenlly violates the
laws of order-who would trample upon
them, and Constantly disturb and annoy
the House and so interfere with its bust.
ness-wonId become nuisance in the
House. His presence would lie intoiera,
blc, the negaIion Of all legislation, and
Therefore II was necessary for the House
TO have tho power to expcl such an midi
v'dua', who ould justly excite the con
demnation of two thirds of the members
OF the House.
Now, Mr.. Speaker, I insist that that is
the true construction Of this clause OF the
Go stituiIon. Suppose that lie trainers
Of the Constitution had designed to give
to this House the power generally to ex.
pei for improper conduct think you not
S'"N 'hOSc "'no iuth VINO lGUIileu the NOil-
siituton would have designated and ex-
pressly marked out the extent Of tha,
powerl What do we find in the Cousti
tuition kindred TO this mattcrl We find
IN relatian to the power Of peachment,
that this House has the right to impeach
all civil officers for certain specified class.
eS OF ofieuces--for treason, bribery, or
other high crime and misdcneanos :" and
conviction removes them from office.
Well, sir, when they undertook to pro
vide tor the power Of impeachment, they
designated what class Of olfenses admitted
OF impeachment they said, "treason. bribe.
ry, or other high crime and misdemean
or" That clause Of tho Constitution re.
fers TO all the civil officers Of tho Govern.
ment OF The United States. Think you.
SIR, that the trainers of the Constitution,
he'd the rights Of the members of the
House, aud Of the other House Of Congress
IN less regard than they did the Office OF a
district judgei Why, no, sir. They
specified what class Of offences the other