The independent press. (Abbeville C.H., S.C.) 1853-1860, 1856-08-22
WHOLE NUMBER 172.

to decide upon the question Of privilege,
but they were TO grant simply an invcstiga-
ton into the facts and that they arc now
free to ma kc up any judgm on tho qucs-
tion of privilege and their power to punish
for IFS breach, which an impartial considcra-
ton of the Constitution may impress upon
the conscicnccs Of the members.
Upon these points desire to submit the
reasonings and conclusions Of my own
mind. privilege is Il right, exemption, or
; immunity, possessed by one or more per-
sons, but not common to all the people,
Prior 10 the time when our fathers assem-
blcd for the purpose Of framing the Const-
tuition, they had been living under the En-
glisl Government. They were familiar
with the assumptions Of the British Parlia-
mcnt in their prctcnsions of privileges. It
had grown to be monstcr-a colossal pow
cr in the British Government. 1t was car
rlcd to such an extent that, through Parla-
mcnt it ovcrsl,adowcd the Crown, tho
courts, and even the liberties of the people.
Magma Charta itself bowed TO the suprem-
acy OF parliamentary privilege and dignity.
Our fathers, when they came to frame n
Constitution, with the full knowledge Of
these facts before them, guarded against
these dangerous assumptions, and declared,
IN express terms, what privileges should in
urc TO Senators and to Representatives.
They were determined to leave the subject
IN no doubt, and guarded themselves, and,
as they supposed, their postcrity, against
all such monstrous assumptions which arc
readily setup by men whose caprice, pas
sion or prejudice becomes law, under the
prctcnsc of parliamentary privilege. Tho
Constitution dccarcs that
'Tlcy shall, in all cases, except treason,
felony, and breach Of the peace, be priri-
lcHFa from arrest during their attendance
ut the session Of their respective Houses.
and in going 10 and returning from tho
same; and f"r any spcccl, or debate, in ci-
'hcr i"ns", they shall not be questioned in
any other place."
Such arc the privileges guaranteed to-
members OF Congress. When the member
from Ohio asks whether the Senate has no
power TO protect itself, would inquire and
| do it confidently, if lie claims it as a con-
stltuional privilege, that this House, or tho
other House of Congress, has jurisdiction
over persons for acts done outside of the
ltonse-not within it--not in its presence
hot TO disturb its sessions-to point me
1othe clause in the Constitution which con-
fcrs any snch rower2
This is a Government Of limited powers.
All the privileges Of Congress arc expressly
enumerated. The argument of necessity
Tor that power claimed, but not to be found
IN the Constitution, is one that will lead to
the greatest tyranny. 1t is prctension as
dangerous as it is unconstitutional. If vou
can assume one power not granted by the
Constitution, from necessity or any other
plea, why not another? Sir, the Constitu-
ton not only defines the privileges of men,
bcrs, but it also, i'll express terms, declares
what are the powers Of each House OF the
National Legislature. The gentleman's ar
gument is prcdicatcd on tho ground that
this body, hcing an organized Legislative
body, has of necessity the power of self
presc:vation-tl,at that is power Inherent
in it. Suppose the Constitution had said
nothing about prescribing rules for the gov
crnrncnt of the House: the House could
not transact business without rules, and if
this argument Of necessity or inherent right
were admissible, surely it would he to allow
either House to prescribe rules, even il the
Constitution had omitted mention Of that
power.
So it is with reference to judging Of tie
elections, returns, and qualifications of men,
bcrs. Without constitutional or statute
law there could he no other tribunal to de-
ternine but the House itself. Yet the fra
mcrs Of the Constitution, with that wisdom
which charactcrizcs every part of that in
strument, defines in the first instance what
the general powers Of Congress should be,
and then what should be the resnective dn.
ties and powers Of the two Houses separ-
atcly. What are they? One is
each House shall DO the Judge Of the
elections, returns, and qualifications Of its
own members, and a majority Of each shall
constitute quorum to do business" DC.
"Euch House may determine the rules Of
its proceedings" DC. "Each House shall
keep ajournal of its proceedings, and from
time to time publish tho same" dc. aAnd
the yeas and nays Of the members Of either
House, shall, at the desire Of one-fifth Of
those present, be entered on the iournal.r-
Here you perceive tho minute detail Of the
powers TO he enjoyed and exercised by tho
respective Houses--so minute as to preclude
the idea for moment tl,at others we're to
be enjoyed inherently necessity OF
by implication. Could its provisions have
been more minute when it is seen that the
making of rules for tho proceedings Of the
two Houses Especially 'conferred9 Aud
with these facts staring ns in tho face, how
can It be pretended, by any man who de-