The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-04

each TO four members whom he had slandered Lora pa
vile committed TO the Tower for refusing TO name
the person who had written letter TO him. which Par
Lament had thought treacherous In 547 an order was
made for several members of the House TO take some OF
the deputies OF the sergeantaarms and TO break open
the doors and seize the trunks and papers Of one captain
Vernon. .
In 1854 sthooimaster was examined for an Arian
book the book burnt by the hands Of the hangman
He confined in the Newgae and then bahhed to the
isle Of Sicily. There case which lie remarkable for the
caprice which dictated the punishment two persons were
placed back TO back horse and with label specify
ing the offence made to ride in this manner round Cha
ring Cross aud that too for arresting members ser
want, in violation of privilege not now claimed"
AS however il may be objected TO some of these preee
dents that they occurred ia bad esthat Isl during the
period of the long parament-some more modern 5nes
will now be quoted ....
Charles the H. tbs House of Commons maintained that
appeal taken from the cort OF chaneery to the House of
Lords by Shirley against Fagg who one oftheir mem
bers was breach Of their privileges
In another case, which was appeal taken by Crispe
against Damahog, who "a member they imprisoned
the segeans and barrsers who had pleaded for Crspe
contrary order the House. breach OF priy
lege
"In the case of Admiral Griffith, member, certain
persons who had trespassed his fishery found
guilty of breach of privilege and were ordered to stand
committed and afterwards discharged after being
reprmanded on their knees and paying the costs. And
even as late about the year 1871 Sir Francis Burde
committed the Tower OF London for a breach OF
privilege in writing publishing libel it deemed
by the House of Commons In times remote judges
put in custody of the Segeantat and IN one
instance Judge Berkeley taken off bis bench 10 West
minister Hall by the Usher of the Black Rod to the great
terror of his brethren but the instances quoted OF coun
sci being imprisoned for arguing 6ause and persons or
dered be committed for alleged trespass strong
illustrations of the position that set of men can
safely be trusted with the unresrained power of Judging
and furnishing in their 1t is not sufficient to
that the House will not follow such absurd precedents
Once let it be settled that it depends upon their discretion
alone to decide whether there is contempt or breach of
privilege and decide both the kind and measure OF pun
;gh th,,tt ha nf nfhp
eve then the citizens claim to liberty not matter OF
right but of su6erancG"
And for the purpose of more fully illustrating the ex-
tent and euormiy OF these privileges exercised by the
British Parliament add to the foregoing collection
few additional instances although the number could be
multiplied indefinitely
"l3th june le26-George Gardner for scandazng the
justice Of this House. and for unusy sahderrg the Lord
Keeper ordered to stand in the plory at Westminster
with paper in his hand declaring his offence and to ride
backward with the paper the in Cheapside
and stand in the pilory there and to ride back
ward TO the Fleet and though the Lord Keeper did
esy desire this punishment might be forgiven Gardner,
yet the House denied H."
"l2th June, l62s-Ensign Reyndes for ignominious
speeches and contempt of this high court of Parliament
adudged to bear arms to be unworthy to be
soldier to imprisohnent during pleasure TO stand in the
pofy, and TO ask forgiveness, and tnsds'"
| lst March, l676.-Dr. Carey was fined one thou
sand pounds for refusing to discover his knowledge of
libel and to be committed to the Tower until he pays the
same
| "22d February, l695.-The House was informed that
there paper delivered at the door, rejecting on
the House, by Robert Cross6ed whereupoh he call
ed H. and owned the paper but, refusing TO give the
House an account who printed it, he was ordered into
custody
1t is thus seen that the British Parliament under the
doctrine of privilege exercised unlimited power OF fine
and Imprisonment and in some of the cited have
gone far to Danish the citizen from the realm
In other eases they have caused their private dwellings
to be searched and without other authority OF law than
that exercised by virtue of their assumed privilege have
seized and destroyed the property of the citizen. VIII
1t be commended that such powers can be exercised
by either house of Congress II Congress derives its
privileges from the parliamentary law, and that par-
aihenary w recognises no other restraint except the
wisdom and the justice Of those who exercise the power
then it is for each house of Congress at the time OF the
commission of any act which ii may think proper TO
gard violation of its privileges to determine and to
declare that such act violation oft privileges and to
nct such punishment it, in its discretion may deter
mine upon. To this extent must the doctrine be carried
look that all TO ascertain the privileges
either house of Congress The whole parliamentary law
on the subject either be repudiated adopted II
adopt it, we have then existing In country body
Of authorized, after the commission Of TO de
clare that act violation Of congressional privilege ulm
punThment for it, and execute the same; though al
the time the committed neither the person commit
ting Il the members of the body themselves entertained
the idea that its commission would be attended with such
results So m0nstroub doctrine in judgment, can
not and ought not to be maintained.
We cannot in the doctrine that powers such
have have been exercised by the British Parlia
mrnt under the claim Of privilege exist in the two houses
Of Congress The trainers Of our constitution manifested
mitch care and anxiety for the protection Of the liberty
and property Of the citizen suppose thai they Intended
clothe each house Of Congress with such unlimited
troll both liberty and property In express terms
they declared in the constitution that "the trial Of all
crimes except in Of impeachment shall be by jury
BY the fifth amendment 10 the constitution II provided
that mo person shall be held TO answer for capital
otherwise infamon, crhe bness on presentmeut In.
dictment Of grand jury except IN arising in the
land or naval forces in the militia when In actual ser.
vice 10 time Of public danger shall any per-
be subject for the offence TO be twice put in eo
pardy Of life limb shall be compelled in any Grim.
na case 10 he witness against himself be deprived
OF life liberty property without due process Of law
These provisions Of the constitution great and
fundamental principles for the protection of the character
reputation liberty and property OF the citizen Our peo
pie have been accustomed TO look 10 them with reverena
regard. The idea Of deprvng citizen Of either his lib
erty bis property, shbjecng his good any
unjust mpuaiion, without due process Of law, shocks all
notions Of constitutional liberty Neither the federal
State government in the exercise Of all the powers
granted TO them respectively, permitted at de
Hance these plain and sacred principles Bot II Is main
tanned that congressional privilege potent than al
these rises above the organic law and planting itse
upon the precedonts Of the British Parliament carries In
the bosom OF members Of Congress unknown and unde
cared laws which be declared and enforced by Tho
parties in interest simultaneously with the commission
the II this doctrine be the constitution ought
read that the citizen shall not be deprived Of property
liberty without due process Of law unless II be neCes
sary vndcate the privileges Of the two houses Of Con
gress or some member thereof
We find in the decision TO which the majority Of Tho
committee have come in this striking illustration
Of the danger Of leaving this question the discretion
a majority Of the House. They have not only claimed
the right 10 punish OF The members OF tho House for
alleged assault upon member Of the Senate but they
also claim that IL b breach Of the privileges Of the
House for Of their members to be aware Of the fact
that II Is the purpose Of any other member to call to ae