The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-19

dents can be held as law for the House Of Representatives
and the Senate Of the United States. ....-
But am told that we have precedents OF our own The
gentleman from Ohio mr. RksHAh yesterday referred to
several Of them grant that there precedents 10 be
found admit that this House and the Senate have by
majority VOTE two occasions claimed and e1er-
csed these privileges Yet is due To the truth Of history
that II should be known there always ardent and able
opposition TO any such doctrine. And have no doubt
that the argument presented each Of these occasions
win stand the test again Of intelligent and unbiased
public. ..... .... \. .... ......
The gentleman from Ohio in referring to the precedens
omitted the first precedent which have ia reference
this matter occurred in 1896 The governor and legsR
ture Of Kentucky the United States Senate charge
against one Of the members Of that body umphrey Mar
shall Of the high and infamous offence operury and call
ing for his expulsion Gentlemen say you have the power
You have the authority under your doctrine Of privileges
When this presented the Senate in 1885, Mr. Mar
shall at demanded investigation. He did not
evade il he coured the investigation Yet the Senate
with reooeet but six dissenting votes declared
that il had no jurisdiction over the The report
win be found in "the Annals Of Congress 1t concludes
thus:
a And they also Of opinion that the constitution does
ge jurdicioa 10 the Senate, the consent oihe party
cannot give and that therefore, the said memorial oag
to be dsmissed."
We have precedents on both sides of the question But
the constitution of the United States provides expressly
what shah be the privileges of mebers of this House
PROFOUND to gentlemen of the other side of the question:
why the necessity of Incorporating privileges into the
sttution in express words they 10 be found in Brit
sh precedents There is not provision in the consttu
ton which did exist by virtue Of British precedents
not There new provision in your constitution
that members could not have enjoyed under the British
precedents What has been the responsef recaptu
ating very briefly the argument this subject which
have incorporated in the minority report What is the
sponsor One reference TO these ecedents The other
is by the gentleman from Ohio Mr.. BINGHAM that If we
do exercise these privileges then this House is with
out power to protect itself that members may be tram
pied and prevented from the discharge of their duties
What is the remedy y?
This House. he says is TO stand just as court with the
power Of the same power TO pun
sh for acontempt that court possesses Sir, am willing
for the sake OF the argument to admit the correctness OF
that position but there s in my honest Judgment very
opinion existing in the minds of those who hold
this doctrine in reference 10 the power of court TO pun
sh for contempt The prevailing idea seenso be that
Furnishes for contempt according the discretion of
the judge that judge the bench determine what
he peases be contempt of the court and the punish
ment for it. 1t is not
The law Of contempt is as well settled as any other Grim
inal law in the land il is settled in of the States by
statute and in others by the common law The authority
power and duty of court to punish for contempt be
well ascertaned from the statute the common law OF
the land the authority power and duty 10 punish for
any other criminal offence desire TO call attention par
tculary this point because argument rests the
proposition which shall seek TO illustrate hereafter that in
this land be punished accordance with
the prescribed law. There is such thing vague
indefinite law resting In the mind OF judge and to be
exercised by him after the commission OF acta law
unknown the citizen and the public He has power
TO punish for contempt except on wesettled principles
OF law Congress has given evidence by its legislation
that IL is not willing even To trust the federal courts with
this now ar 10 the extent of the common iaa -
In 1885, 1884, after the trial of Judge Peck when this
doctrine coniempts attempted be carried TO
of the federal courts Congress
scribed by statute what should be oontemps of court
apprehend that gentlemen familiar with the law They
will find IL forth in the fourth volume Of United States
Statutes at Large page 46s The following lis pro
visions:
:. -, -..., .uu-.. .s a. rrn;..d s....,
a, ~; nAs .ne 49,, " I'D @ ;s.. nsrr ~ nnshrsr,s for
.s,s ~ ., ELL -, ~ eaastrn.a ~ s,tsnd ~ 49,,
the misbehsvor Of or in the
the said courts or SO thereto
Of Justice the msbehavior Of OF the
ocsrs Of the said courts in their Official transactions and
the resistance by officer Of the said courts
party JUROR Witnehs or any otneI person or pern 70 any
awuI wrb process oraer rue' ueo'es' VI 0oh u '"e
saia cour.@ :, ,J IN. .s -. ...ou =
- .s., - -,I, - - ,hsss,s' - fa-.a .nfesynr f y,
son,s int;idsis or impsds snT iaror witness ar ocer
of The United States m the discharge Of his duty
or shall corrupty threats force obsrnct impede
obstruc impede the due administration Of
justice therein, every person or persons so offending shall
be liable TO prosecution therefor p indictment and shall on
conviction thereof be punished by ne not exceeding hve
hundred aoaIs or oy NOT saoeeuing nI y
mohlss, " po1n' A0V0inns " a'e AAuie INV "
,
Then, you rT 10 draw your autnorly from asslrna-
ting yourself TO the courts OF the country you must IKE
them hnd your written law you 70 punish con
tempt What desire TO br1ng gentlemen 10 Is 70 snow te
prescribed law under which they exercise these powers o.
privilege Locale IL where you wii out ie ns know your
authority ana 40 not hoo thht vague inuennlte os
cretion resting in the minds o majority Of the honse
Mr SPeaker tns ooctine Oh Prfnees as eoutenueu or
by these gentlemen amounts 70 TINS; that inns blouse mas
power 10 arrest one OF is menDe 70 any ciuhen
bring hm oe'ore tne Dar o. .ne house, cnarge MN VIZ
the commission OF any ac Whon tns mouse a, Ine time
ot the arrest ana az the une OF the charg sna 10 i
Judgment deem VIOLATION OF w privhege ana PUNISH ,ne