Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-08-07
WHOLE NUMBER, 1883.

lDy Jury. III this objection be well taken, what
becomes Of The express power given to the Sen
ale in cases Of impeachment, wherein no trial
BY jury takes place? Mr.. Chancellor Kent,
whose luminous intellect has she'd clear and
brilliant light over the judsprudenee Of bis
country, holds that this power Of the House to
punish its own members AID others, for con-
tempt rests upon the great principle Of self
preserTatiOn,-[ Kenrs Commentaries, 956 /
He considers that the decision Of the Supreme
Court Of the United States, in The case Of An
dersOn %. Dunu. 6 Wheaton, 204, 231, by
its reasoning, as well as its absolute authority,
places the power Of Congress to punish con-
temPts and breaches Of lis privileges on the
most solid foundsIion briefly notice that
case. Anderson was not member of the
House, but attempted 10 bHbe member, for
which the House, by its Sergean:-at-arms, ar
rested him; and for this arrest Anderson
brought bis action for false imprisonment
The court say, in the very able opinion deliv
cred in the case by Ar. Justice johnson:
1T is certainly true that there is no mower
given by the Constitution TO either House to
punish for contempts, except when committed
by their own members. Nor does the iudie,al
: or criminal power given to ;he United States,
in any part. expressly extend to the ipAis-
iioE Of punishment for cOntempts of either
House, or any coordinate branch of the Gov.
'ernment Shall we, therefore, decide that no
such power exists?"
The court fully sustain the power Of the
House, and answer every objection urged here
to-day BY the minority, and by the gentleman
from North Carolina, (Mr. Cilpgman) The
court further say:
"The idea is utopian. that government can
exist without leaving the exercise of discretion
somewhere. Public security against the A.
/ buse Of such discretion must rest on responsi
bility and stated appeals TO the public appro.
baton, Where all power is derived from the
people, and public functionaries, at sEoft inter
walls, deposie it at the feet Of the people, to be
resumed again only at Their will, individual
. fears may be alarmed BY the monster of ina
giuaton, but individual liberty can be in little
danger" "The scienca of government
is the most abstruse of all sciences, it. in
deed, that can be called science which bas
but few fixed principles, and practically con.
slsts in little more than the exercise of sound
discretion, applied to the exgenc;es of the State
as they arise. 1t is the science of experiment" :"
a" "The public iunctionAries must be left
free TO exercise the powers which the people
bave intrusted TO them"
THAT deliberative assembly, clothed with
the majesty of the people and charged with the
care OF all that is dear to them, composed Of
the most distinguished citizens, selected and
drawn together from every quarter of great
nation whose deliberations are required BY the
public opinion to be conducted under the eve
OF the public, and whose decisions must be
clothed with all that sauctity which unlimited
confidence in their wisdom and purity can in
spire that such an assembly should not pos
sess the power to suppress rudeness or TO repel
insult is supposition too wild to be suggested.
And accordingly, to avoid the pressure Of these
considerations, it has been urged that the right
Of the respective Houses to exclude from their
presence, and their absolute control within
their own walls, convey with them the right to
punish contempts committed in their presence. -
The court then say that this concession Of
the power within their walls ''relinquishes the
great grounds of the argument, to wit the
want of an express grant, and the unrestricted
and underlined nature of the power here set up.
For Why should the House be at liberty to ex-
arcise an ungrsnted and unlimited, and unde-
fined power, within their walls, any more
than without them?' 20
The court finally say, upon the question
raised of restricting the Jurisdiction Of the
House for the punishment of contempts to the
District of Columbia, that there is no reason for
such restriction and the court add:
"We know no bounds that can be prescribed
to its range, but those of the United States
And why should it be restricted to other boun
daries? Such are the limits of the legislatng
powers of that body; and the Inhabitants Of
Louisiana or Maine may as probably charge
them with bribery or corruption, or attempt by
letter TO induce the commission of either, as
the inhabitants Of any other section of the u
nion"
I conclude, sir. that there can be no ques-
tion that this House has the power to punish
and expelits members for breach of its privile-
ges, for contempt of its authority, and for such
high crimes and misdemeanors as are incon-
sistent with their public trust and duties as
members. whether committed in the presence
Of the House, and during its actual session, or
not The opinions ofjurists. and the decision
Of our highest court, which have cited, most
clearly establish this.
IcOnsider that beyond question. the act
committed by the member from South Carroll.
ma Mr.. Brooks is contempt Of this House,
violation Of his duty as member thereof, and
high crime against the people and their right
ofrepresentaton. I'D va--r
Wehave seen, sir, thata Senator, for an act
inconsistent with his duty as Senator. but not
committed against any member of that body,
| nnr durinp m ire saesion nor in tic rraeapca ua,