The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-26

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ent in the employment of the government from which it
appeared that his character corrupt
The case of John Smith, senator from Ohio, whom 1t
proposed 10 expel from that body because he had
been indicted for high treason along with Aaron Burr
referred TO committee OF which John @ Adams
a member Mr.. Adams, from that committee says that
he high OF legislation should be in pure hands, and
placed himself upon the ground that the right Of expu
sion intended TO the purity Of the national
legislature All the in which IL has heretofore been
seriously proposed TO exercise this right nyov
ing the purity and integrity Of the member That the
view Of common You should only expel member
whose character is such TO render him unfit longer to
corsaute of the national legislature
remember-though do not like TO refer to the Incl
denthat at the former part of this session gentleman
the way and stated that another member of the
House had offered him brbe TO affect his vote That sir
charge affecting the purity Of member ofthe House
Il precisely the oencevz; brberyfor which Blopnt
was expelled from the Senate, and clearly within
the scope OF Mr. Adamss exposition Yet the members OF
the House patiently and quietly under that thing No
body called for committee to examine into it. II has
slept soundly from that time this Blu, here, in
Of assault and battery gentlemen say IL is most
benous offence aud expulsion ought TO be employed to
punish the offender. Can any man persuade himself that
assault and battery renders the p,rperator impure
affects the integrity OF his action as member OF this
House, defy the production OF any case Of expulsion
for assault and battery in the previous history OF the House
of he Seuae Surely there is some bias or sinister
purpose he basis of this movement something beyond
simple desire to do what duty requires.
This sir the full extent of the power of this House to
punish its members far that power be derived
from the express grants of the constitution.
implied privileges II is said that the privileges which
result from the necessity of selfpeservaton would be
worth nothing unless there was power in the Senate and
House punish the violation of them. Why could not
such violations be punished by the courts or otherwise
law might direct? Why vest such discretion in this
House2 Dangerous this claim, sometimes put under
the guse OF Furnishing for contempt appears yet it is
tanned by authority of great weight Numerous have
occurred in this House and the other in which the doc
trne appears to be recognised need not enumerate
them
But there is authority the subject stronger than
any congressional preced Mt 1t is the decision OF the Su
preme Court delivered by Mr. Justice johnson in tho
OF Anderson Dunn In that ii clearly held
that each house may exercise the power necessary for self
preservation, but it is equally clearly laid down that the
power be employed must be the least possible power
adequate to the proposed end" From the ground upon
which this power rested by Mr. McDue and Chancellor
Kent we'll the Supreme Court this limitation follows
necessary consequence Each house may exercise the
power absolutely necessary for its selfpreservaon
1t cannot go further One house cannot undertake by its
authority to protect the other 1t may well be asked
who made guardians and protectors of the Senate2 If
you take the power you must take with the limitations
If do not then what shall US Shall there be
no bounds discretion, except our own will Shall
the acts OF members INTO crimes and visit
them with punishment at our absolute discretion2
Implied powers, always odious, most odious when
they the form OF implied power to punish for unde
fined and constructive offences Look sr at the efforts
which have been made to certainty and precision in
such matters.
1t is provided in the constitution that eZ post faeo
law shall be passed that person shall be deprived Of
life liberty or property without due process OF law ana
the right to speedy and public trial by an impartial
jury" 8 .a..
But what avails oil this il here prudiced tribunal may
make crimes at their discretion OF acts already
mited and apply such punishment their passions may
dictate? Why maintain the doctrine that penal laws
be strictly constucdtha s that where express power
punish given the letter Of the law is not TO be
ceeded when here there letter. and nothing but preu
dice and passion to put bounds to authority Why refuse
to make each house the judge OF its privileges
done in the federal convention, with full authority
punish their violation, when the same thing now TO be
accomplished by implcaon Why talk about law lib
cry rights If the absolute mercy Of major
y Of such body as this? Have oppression and abso-
uism been driven out of our courts OF justice 10 take
refuge here Has the Star Chamber court been crushed in
Eugand by the weight OF public indignation to be erected
again in the American House OF Representatives.
Sir, this is revolving doctrine. II it be true, we walk
daily amid concealed traps and hidden We hear
the hiss OF the viper but know not where he turks
the CLEAN OF the dagger, but know when il will
strike The gentlemen the other side are In the majority
now, but their day may pass, IL there be spirit In
people IL will pass Let say to them in the
language of Lord Srahord when trial for constructive
"Bsware you do not awake these sleeping lions
by the searching neglected moh-eaten records
they may day tear you and your postery in pieces
think may claim with confidence that implied power to
protect ourselves does not extend to the protection Of the
Senate That body must take Of ITSELF Then, how
do get jurisdiction of this case We have jurisdiction
of the person but 1t requisite that we should also have
Jurisdiction Of the subiecmater This have not be-
it was the Senate and not this House whose self
preservation was affected.
Now sir wish call the attention Of the members OF
the House the positions which have taken. The only
right OF punshiug its members which can be contend
I'd for being In the House Of Representatives h hrst
for disorderly behavorj and that applies only to dis
orderly behavior in the House, ubes Of the house
Then there Is the power ny twotrds vote TO eXpel
member but this be exercised FOR offences which
affect the purity aud integrity Of the menDer Then there
Is right of preservutop, 10y which exercise
ouy the lest possible power adequate TO the end, Now
by virtue Of which Of these righs may we e1pel Mr.
BaooKs7 Has guilty disorder in the House
in his a member Of the House, Has he done
affecting his purity or integrity Of character Has
be nteered with the safety of this House lie has done
neither
Now sir again: what right have you under either Of
claims power censure member for disorder
ly conduct committed In this House. nor In his ca
pacity q member OF the HouseH You cannot show it.
that clause which says that each house may
punish members for disordery behavior IL Is not under
the expulsion IL IL not under that power given by
the OF the Supreme Court that this House may
protect existence Where do you get the power,
then, my colleague, [Mr BDNuSDsoS or the
other gentleman from South Carolina, Mr.. KNIT II s
| a usurpation.
Now Mr. Speaker come to say word In reference
10 the point Of this which am particularly
interested. desired speak this subject because t
involves questions of constitutional righ and cons
tutonal privileges and especially because unjusty you
look to the facts and unjusuy and Improperly, II you
look the constitution and the rights OF the House you
are seeking involve colleague OF my own and one
of my most valued friends ask how Is II that they
brought the gentleman from Virginia for cepsure
In regard his in this transaction What has he
done that honorable ought not TO have done
When the gentleman from South Carolina met him and
told him 10 confidence what his views and purposes
in reference Senator SUMNER did the gentleman from
Virginia persuade him TO make the attack2 Did be sug-
gest him motives for carrying ont such course2 No
such fact appears in the Was IL his duty under the
circumstances have violated the confidence reposed in
IT, - - l.l