The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-23


philanthropy, will arise from the comparison frieDC
Of the Union as il is The statistics which We shall ct
only productive OF criminals and psupers But il wei
known that despite her fanacsm, she wealthy enigh
fsctures supply her with the products of agriculture Dis
union would cripple those and probably expe heI
congenial chimes The population Massachusetts, 1850
was n round numbsrs) 1000 ooO that Of North Carona
$40 900 Massachusetts, produced 81 900 bushels of wheat
2S46 900 bushels Of Indian corn 1886 bushels
potatoes 81 600 hog A. 600 horses and mules, and 600
ns ssos o s
900 bushels wheat 900 900 bushels Of Indian corn
s % ~ s.Ss
Massachusetts commerce and manufactured Yet she would
fare - In Of disunion than hs.schuset for she
produces a. the necssarss of s and migt produce its
| luxuries within herself ~.
s anS
that she and does attend the physical
anans those %apa
that fuel 40 dear and so much needed in at
out price, for there few In that State In Massa
chusett 1885, there TOO paupers in North Car
ol,na 300 In hassschusss criminals convicted in 1850
000 in North Carolina, a. In jails in Massachusetts,
. s1Ih s.rss a 4 ss n
in Massachusetts,. $2e4 900 in North Carelina, $4,000
every Christian patriot and phanthrops in the Union.
Sir cannot help thinking that II the energies Of our
politicians devoted TO the compilations Of statistics
like these in good Ango-SaIon, and to their circulation
everything to lose and nothing to gain by dsunion who
will have to bear the burdens without sharing in the hon
ors of new conederacy, II would be much more pari
otto and profitable than the translation into rich German
speeches upon Kansas rejecting upon the institutions Of
the South and their circulation in the prairie States Of the
Northwest
Sir the course Of the early part of this debate has pro-
yoked me to wander from the subject / about to
apologize when recoleced that adherence the subject
House pass to the merits of this resolution propo
sing to discuss in the cold and calm way in which alone
legal propositions ought to be discussed have examined
this question with care and have conclusions
trary preconceived opinions / think have examined
it without bias. sit here judge. have endeavored
to know political relations between myself and the
member from South Carolina.
/ "Tros Tyrius mih nulo discrimins agitur."
Ipropose to show sir that this House has but limited
power its membera power to punish them for dis
orderly behavior in open session. in matter go in
tmaiey connected with its business as by fair ntendment
be said TO be committed In open session. and that the
punishment may extend to expulsion majority Of two
thirds of the whole House concur that no other of
fence nor other cause can member be expelled that the
House. while 1t has jurisdiction contempt according
to its strict legal definition has Jurisdiction what
are called coptempts In common parlance because such
Jurisdiction has not been conferred by the constitution
nor by any law Of Congress under the authority of its
constitution.
The resolution proposes expel the member from South
Carolina In my opinion have authority TO expe the
member from South Carolina for the assigned The
power OF punishment which this House exercise
braces two classes of subjects-is own members and
strangers TO It's body 1t derives its Jurisdiction
former by positive law, and the latter IL il have
at a-which is denied by minority of the committee
the absenee Of law Of Congress-by implication only Its
power its members is In the second sec
ton OF the third article Of the constitution;
Each house may determine the rules Of its
punish ~ members aI dsordery bsh.vor, and, with the
ooncurrence OF two-thirds expe member"
II Is needless inquire whether II would have had this
authority independently Of the constitution and whether
its insertion there but Affirmation Of the necessary
rights and privileges inherent in its nature and essential
sta IL l..
is exclusion OF all other powers 1t covers the whole
authority and this whether derived solely from the cons
tuition, whether would have existed Independently Of
IT. The disordery behavior which II has the ability 70
punish, when committed by Its members Is act q be-
havior committed In open SESSION, In some wise SO con-
neced with It's session and business by fair
so eI % rniD The act be one OF isbehavior and
II must be dsordy subveve Of the rules Of the House
and contrary 70 the course Of its proceeding II IL be
euded 70 disorderly behavior any other time and in
any other place IL will be grant Of power liable to the
most monsyous abuses and altogether unwsey de-
ivered do not know that this has been Questioned in
the tex-writeB which have fallen under my observation
IL has been conceded
Rawle says (Rawle on the Constitution, 47)
att cannot be doubted that msbehayor ont of the walls or
the House. within walls when the House "a no, In SEES
sion, does not "a. within the meaning Of the consution
And Mr. Justice Story, (sory the Constitution, $751;
declining 70 give an opinion himself quotes Rawle, not
vita appreciation, at least without dssept and he OBJ
serves In reference TO Rawes opinion expulsion may
be inflicted for criminal conduct committed in any place:
"1t may be thought difficult 70 draw clear limo af dstne
on between The right 10 infect the pup.hmsnt Of expulsion
and any other punishment member founded the
time, place, and nature Of the offence"
II dorery behavior than In open session s to
be looked TO and regarded whore will you bound your
quiry and what limit will you place TO your nvesga-
tionf Disotderiy behavior-what constitutes i'll By
what standard Of ethics OF morals will you measure II
By the and codes Of which Of thryoue
ferated States2 VIII you adjudge polygsmy be msbe
havior contrary the code OF Utah viii you deem
moderate indulgence in intoxicating drinks TO be msbehs
vor, according the code Of Msne2 Committed when
After the members election, and before bis quail hcaon
during the session or during the recess7 Committed
where Here In the Capitol the avenue, or in the
burra OF the metropolis In the District in any Of the
republic or abrosd1 Grant the proposition, and you
plunge into OF uncertainty, and jurisdiction
ilimitable TO time and and underlined and unde
Enable ss 70 lie objects. And the power punish
member generally IL confined to Of disordery behs-
vor committed In open session so think Is and ought to
| ber the power ofcxpulsion.
II 10 said that the right TO eIpel open right and
independent grant OF power for other than dis
orderly behavior within the walls Of the House In open
session. do not yield 10 the position II s be found
elsewhere In the constitution and il found there coupled
with the causes for which punishment may be inflicted
believe IL depends upon the oences Its insertion
in the constitution Is meant restrict the punishment
The House has the authority punish for disordery
havior In open session. but IL that punishment 10 pushed
to expulsion II must be by the Of twohrds
OF the members The expulsion of member Is at any
time and for any cause delicate matter He the rep
resentave Of the ecmen Of his district chosen Of their
free choice according TO the forms Of law and the
OF the constitution. His expulsion affects the constituent
loses It's individual character and becomes matter be-
tween the House and the appointing power II will no,
do 70 say the House exercise this right for
price Il may have the po~e-the mere brsts force
but not the authority. Pore 10 dstinct from authority
Pory rests sometimes upon usurpaton Authority Il