National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-17

1tCpkOeCAb4aNC1 blo&1 SaOOoC tAS-
Speaker and other officers; and shall
''haye the sole power of Impeachment"
Further on. in defining the powers Of the
Senate. the same authority says ''the Sen
cate shall have the sole powersto try all
"impeachments. So the Senate is the
court, is the tribunal, even in cases of i'm
peachment, to issue process and punish for
contempt. Again, in the enumeration of
the powers of each House. the only warrant
for interference with personal liberty or
the infliction Of punishment, except
through the judicial power, is to be found
in the following language: Each House
"shall be the judge of the elections, re-
"turns, and qualifications of its own mem
"bers, and majority of each shall consti-
"tute quorum to do business; but
"smaller number may adjourn from day
"to day, and may be authorized to compel
",he attendance of (whom p absent men,
"bers. in such manner and under such
penalties as each House may provide"
And again: Each House may determine
"the rules of its proceedings, punish
"(whom y its members for disorderly be-
"havior, and. with the concurrence of
"two-thlrds. expel member" Why
punish its members? Clearly because in
section six of the same article they are ex-
empt from arrest and punishment by the
courts during the sessions, except in cases
of treason. felony and breach Of the
peace" And why cannot single House
punish any one not a member? Because
the same authority gives to the Congress
the power to make laws to provide for the
punishment of certain crimes.
Among the things which the Congress
may not do, enumerated in section nine,
we find the following. which seems to be
tolerably explicit: "The privilege of the
writ of ha5eds corpus shall not be sus-
pended. unless when, in cases of rebel
"lion or invasion. the public safety may
require it." or course, it is not pre-
tended that the public safety is now in
such danger from rebellion" or 'fnva-
sion" as to require the suspension of this
writ by a fraction of the Congress. But
now let US see what the judicial power
may do under the Constitution: 1.-THE
judicial power of the United States shall
"be vested in one Supreme Court, aud in
"such inferior courts as the Congress (not
"the House of Represen .atiyes) may from
"time to time ordain and establish"
''The judicial power shall extend to all
ceases in law and equity arising under
"this Constitution. the laws Of the United
estates and treaties made, or which shall
''be made. under their authority, &C., &c.
e ''The trial of all crimes. except in
leases Of impeachment, shall be by jury"
These powers seem to be pretty
broad, covering all cases in law and equity
everywhere, and in the District Of Colum-
bia in particular, where the Congress has
the exclusive legislative power.
Let US see if the people have not some
rights which were noticed in the Constitu-
ton. Among the amendments we find
such provisions as these, to which we desire
to invite the attention of the House of Rep.
resentatives: "The right of the people to
"be secure in their persons, houses, papers
"and effects against unreasonable searches
"and seizures shall not be violated, and no
"cause supported by oath or affirmation,
"and particularly describing the place to
"be searched and the person or things to
"be seized" Is not that plain enough?
Has there been any oath or affirmation of
probable cause in Hallett kibourn's case?
Was he not incsrcerated upon the Speak
er's warrant without any legal or judicial
proceeding whatever7 mo person shall
abe held to answer for capital or other
"wise infamous crime unless on present
"ment or indictment ola grand jury" &c.
"Nor shall be compelled in any
"criminal case to be witness against him
"self, nor be deprived Of life, liberty or
property without due process oflsw," &c.
e "Iu all criminal prosecutions the
accused shall enjoy the right to speedy
"snd public trial by an impartial jury"
&c. Excessive bailshsll not be required,
"nor excessive fines imposed. nor cruel
"and unusual punishments inflicted.
All the foregoing extracts are from the
Constitution, and they 60 to show clearly
and distinctly that the House Of Repre-
sentatiyes has no more power over the
persons and property of the citizen than
any other mob or congregation of men, ex-
cept in its legislative capacity as fraction
of the Congress. But it has usurpcd
nearly all the powers of the French
Directory in the days Of the Revolution,
or, in other words, which, carried to their
logical conclusions, would lead to the same
results. 1t has caused the arrest and in
generation of citizen for an offense which
the Congress has defined to be misde-
meanor. It's Speaker has certified the case
to the District Attorney. according to law,
who has brought it before the Grand Jury.
The Grand Jury has indicted the accused,
and the Court has issued its warrant for
the arrest and arrsignment of the accused,
when it is met by the House, in It's charac-
ter of "mob," with the refusal to yield him
up to the judicial power. The Court tn en-
issued its writ Of hGbsas corpus, and was
again met by the House in its arrogsted
character of mob. " in which it claims to
be superior to the Constitution, from which
it, as well as the judicial and executive
powers, derives its existence. with q tenn
porting hesitation which amounts to con-
tempt of court. The men who pretend to
Justify the action of the House beg the
whole question by basing that action upon
British precedents instead of their own
powers, as defined in the Constitution of
the United States. This fact, of itself alone,
begs the whole question. Where the Rep
resentatiyes Of free people appeal to
British presidents one or two centuries
back to justify their course of conduct it is
quite safe to put down that course as bad
one for liberty.
The example of this House in showing
contempt for courts and inaugurating mob
law in their stead is fraught with meal
culable mischief if not at once corrected.
1t is not the province of the House to
punish anybody but its own members. 1t
may impeach, but after it has prosecuted
;ropoo obuanf IN ren1nva1 and d;couaIifSoa-