National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-22
WHO IS RESP0 NSIBLE I
JOSEPH b. STEWART VERSUS JAMES
g. BLAINE

THE SUIT FOR FALSE IMPRISONMENT AR
GUED BEFORE THE SUPREME COURT Oh
THE DISTRICT YEsTERDAY-wHATT THE
PLAINTIFF ALLEGEs-w WHAT THE DE-
PENDANT RELIES.
In the Supreme Court Of the District OF Co
lumbiss yesterday, before all the judges, wal
heard the case Of Joseph B. Stewart VS.. James
G. Blaine.
This was suit brought in the Circuit Court Of
the District OF Columbia by J. B. Stewart against
]. q. Blaine, Speaker Of the House Of Represent-
atives Of the Congress Of the United States, for
an arrest and false imprisonment. The offence
charged in the declaration wRs that the said
Speaker had ordered the defendant to be impris.
oned for refusing to answer certain questions
asked him BY q committee OF the House Of Repre-
scntatives. To this declaration the defendant
pleaded that the Speaker acted under an order OF
the House Of Representatives, adjudging the de-
PENDANT guilty OF contempt. The said special
plea did not set out In what the contempt con-
sisted, nor what tho question was that Stewart
was requested to answer. The counsel for the
plaintiff demprred to the said plea, and the
Justice holding the special term Of the Circuit
Court certified the case on demurrer up to the
court In general term, TO be heard In tho first
instance. On this demurrer before the general
term Judge Moore made the opening speech. He
said that the question before the court Involved
the sufhciency Of the defendants plea. Tho plea
did not state In what the contempt consisted
what question It was that the plaintiff refused
to answer; that the Constitution OF the United
States conferred no power on Congress TO punish
for contempt. He referred to the case Of Ander-
son VS.. Dun, reported In Wheaton, that the
power to punish for contempt was not claimed
under the Constitution, but merely as IN Incident
to the existence Of that body. That they have
power over their own members nobody questions J,
for 1t is given in the Constitution; that the fact
that the Constitution gives the power to either
House of Congress to punish its own members
would seem to imply that 1t was no: Intsnde ed that
the Congress should punish private citizens
The judge further argued that Oongrsss was by
the Constitution, exclusively legislative body
he legislative branch OF the Government of tho
United States; that 1t had no judicial power con.
ferred by the Constitution. All tho judicial aus
thority claimed for them is incidental Surely
that judicial authority should DO exercised 40
cording to the common law. Here the Judge re-
ferred to the opinion of Lord ErskIn, to that Of
Lord Duncan, Lord LIttledaIe, Lord Sommers,
and various other authors-lmong the authorI.
ties, Justice Swayne's opinion.
Mr.. Justice Swayne, In o case In Kentucky,
which arose under the thirteenth amendment to
the Constellation, reported in Abbots Circuit
Court Reports, lst volume, held the following
language, p. n: "What is unwarrantod or forbid.
den by tho Constitution can no more be dono in
one way than another. The authority Of the Ma
tional Government is limited though supreme In
tho sphere Of Its operation. As compared with
the State governments tho subjects upon which
It operates are few In number Its objects arc oil
national. 1t is one wholly Of delegated powers
and Whenever On act of that Government ia chaI-
lenged, grant Of power must be shown or tho act
Ia void"
FrL