True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-07-30

this House, and required to answer to
the House for the same. In 1905, Rob.
ert Randall attempted to corrupt men,
Der of this House, for which he was
imprisoned. 2 Story's commentaries on
the Constitution, 3l2.) In 1900, William
Duane, for printing libel against the SEN
ate, was held guilty of contempt, and by
the order oflhe Senate imprisoned. (Ibid.,
3l4' Blackstone (Vol L, l65, says:
g 10 assault, by violence, a member of
either house is high contempt of Par
Lament, and there punished with the ut.
most severity. The assault is also pun
ishable in the courts of law, by statutes
of 8 Henry, 4, and II Henry g."
Justice Story, after asserting this power
to punish conlempts to be full y vested in
the Congress of the United States, well
remarks: .-.I
"Nor is this power to be received in an
unfavurable light. 1t is privilege, not
Of the members Of either House, but like
all other privileges of Congress, mainly
intended as privilege of the people, and
for their benefit. - Story's Common
taries on the Consultation. 307.
Jefferson. in his manuel, section third,
enunerates the power and privileges of
Congress over their members, and says
that =, no furher law is necessary, the
Constitution beiug the law" Rawley,
in his work on the Constitution, says:
Expulsion may however, be founded
on criminal conduct committed in any
place, and either before or after convic.
ton, in court of law.--P. 43, A, As.
lie notices and answers the objection
urged here, that this power impairs the
right of trial by jury. If this objection
be well taken what becomes of the ex
press power given TO the Senate in case:
ofimpeachment, wherein no trial by jury
takes place Mr.. Chancellor Kent
whose luminous intellect has shed a clea
and brilliant light over the jurisprudence
of his country, holds that this power o
the House to punish its own member
and others, for contempt. rests upon tn,
great principle of seIf.preservation. II
kents Commentaries, 1861 He con
siders that the decision of the Suprem,
Court of the United States, in the case O
Anderson rs. Dunn, (6 Wheaton, 204,
23l by its reasoning, as well as its abso
lutte authority, places the power of Con
gress to punish conlempts and breaches
of its privileges on the most solid founda
tion. | briefly. notice that case. An
derson was not a member of the Honse
but attempted TO bribc a member, for which
the House, byits Sergeant-at-arms, arres
ted him and for this arrest Anderson
brought his action for false Imprisonment
The court say, in the very able opinion
delivered in the case by Mr.. Jlslic,
,a"Il is certainly true that there is nj
power given by the Constitution 10 ei,he
House to punish for contempts, excep
wren committed by their own members
Nor does the judicial or criminal powe
given to the United States, IN any part
expressly extend to the inhiction of pun
ishment for contempts Of either House, O.
any coordinate branch of the Govern
ment. Shall we, therefore, decide tha
no such power exists :" .ta.,l I'D.
The court fully sustain the power o
the House, and answer every objeciicl
urged here to-day by the minority, an
by the gentleman from North Carolina
Mr.. Clingman. The court furlhe
say :reit ..,...5 ..G--r} - atT
"The idea is utopian, that govennmen
can exist without leaving the exercise O
discretion somewhere. Public securit,
against the abuse of such discretion mus
rest on responsibility, and stated appeal
to the public appreciation. Where a
power is derived from the people, an
public fuuctionaries, at short intervals
deposit it at the feet Of the people, to h
resumed again only at their will, individu'
fears may be alarmed by the MONSTERS o
IMAGINATION, but individual liberty ca
be in little, danger ",g* Y "The SCI
ence Of government is the, most abstrus
Of all sciences, if indeed that ear be ca
led science which has but few fxe
principles, and practically consists in litt
more than the exercise Of a sound .discr,
ton, applied to the exigencies Of u
State as they arise. Itis the science
experiment *w* 4" The public fun,
tionsries must be left free to exercise I'll
! powers which the people have intruste
to them" ,a,4I "a 40 .eg $50, 4
-" That a deliberative assembly, clotht
with the majesty of the people, and cha
f, ged with the care of all that is dear
J thsm composed of the most distinguish
citizens, selected and drawn togeth
from every quarter of a great nato
whose deliberations are required, by Il
public opinion to be conducted under Il
eye Of the public, and whose decision
, must be clothed with all that sancti
{ which unlimited confidence in their wi
: dom and purity can, inspire--that su,
an assembly should not possess the pow
: 10 suppress rudeness, or 10 repel inst
9 is a supposiIion TOO wild to be suggeste
0 And accordingly, to avoid the pressure
} these considerations, it has been urge
I, that the right Of the respective Houses
!, exclude from their presence. and .ht
{ absolute control within their own wal