Year: 1871

In tne senate, OH tne SIIn UlI., MI punhoi
spoke follows the resolution of Mr. Wilson ordering
the discharge Of the correspondents White and Ramsde


Mr.. Sumner-Mr President, this question Is important
primarily 1t the liberty of the czen but IL
Just listened, to establish for the Senate prerogaye
which on history and precedent does not belong 10 H.
Some days ago took the ground which shall take To-
day that the close OF the session OF the Senate any
Imprisonment founded on it's order must or that
doubt have listened TO the argument OF the Senator


from New York and to his comment upon the authorities
found simply in stating OF those authorities and call


ing attention to its precise language The Senator from
Ohio has already presented to-day what had the honor
OF quoting on the first day of this discussion the au,
law, and also the solemn judgment of Lord Denman,
CmefJustice OF England May says, speaking OF prison


That they are mmcaey released rom their confinement on prOrO
gaon WHEELER tae have pa me e or not II the were n onea &
upon a habeas corpus.


chief clerk Of the House of Commons as familiar with the
usages of that body any living man. OF itself author


in the most remarkable of privilege that has ever
occurred in English history, being that OF sOckdae and
day in Parliament. week by week in Westminster Hall.
have before the opinions of all the judges that
case but the words that are particularly pertinent now
quoted by May follows:


contempt House Common, only
nit hl the close Of the eristrg session


Mark Sir, if you please how positive he is in his Ian
Can close the existing Their privilege
to commit not better known than s limitation Of Though the
med the day before the Progson the leuse ordered bis mpon-
Of Al the would be bound discharge him BY hsbea.


These were the words Of the Lord ChieJustee of En-
no ancient authority but something MODERN and of our
day IL is not expressed III vague or uncertain terms,
TO the Senate of the United states to the House OF
Commons 1t is applicable To every legislative body sit
ting under constitutional government.


THE SENATE AND THE HOUSE oP LORDS COMPARED


An attempt has been made to claim for the Senate
prerogaves which belong TO the House Of Lords. How
so Is the Senate House Of Lords Is ita hereditary
body Is it perpetual body in the sense that the
House of Lords perpetual bodyi We know that the
House OF Lords in session the whole year round. We
know that according early rule Of the canon law,
tres fdeitnt collegium, three make quorum In the
House of Lords So that the presence Of three peers at
sufficient quOum for business. Therefore the House OF
Lords has In an essential element enabling IL 70 come
together easily and TO continue In perpetual session IL
is in its character in the elements OF its privileges
clearly dsnguishable from the senate as 1t Is clearly
DISTINGUISHING rom tne House OF commons. sucn
privileges the Senate has are derived from the House
Of Commons rather than from the House Of Lords far
as they derived from either Of these bodies.


Another attempt has been made by critlclslng the
two cases bat note TO Mays work on parliamentary
law, which now have in my hand. meets that criticism
the House Commons "are Immediately released from
their confinement on a prorogation" tho note says;
Tnke. for Instance the adiournments which habituay
occur in the British Parliament at the Christmas ho-
days, at the Easter holidays, at the WhtSuntde holt
days You saw in the papers only the other day that
Mr. Gladstone gave notice that the House of Commons
would adjourn several days account of the Whit
the nature of "prorogaton" or that comnittal by
order Of the House of Commons woud expire on such an
adjournment IL would not expire on our adjournment
for our Christmas holidays.


Therefore do the very precedents Of the British Para
ment answer completely the case put by the Senator
from New-fork, who Imagined difficulty from occa-
siona adiournments at the Christmas holidays Sir we
70 look at this precisely as 1t is The Propagation Of
the House of Commons is an adjournment without day,
day believe IA Massachusetts. down tnis moment,
when the House has agreed upon the time OF its adjourn
rotary OF The Commonwealth toprorogue IT, and the Leg
isature is declared to be pr9rogued thus Following the


NO POWER TO HOLD DURING VACATION.
Then il is argued that this power to commit may be
by Committee to sit during the vacation.
But how sol The Committee has power TO commit.
The power TO commit comes from the Senate. How does
the sitting Of the Committee the vacation add to its
powersl 1t had such power while the Senate is in
session. How can it have any such power when the
Senate has closed session. But the power to potact
the Imprisonment of citizen must be kindred with that


dismiss the whole argument founded upon the pro-
longaton of the Committee as entirely irrelevant Ffo-
long the Committee, II you please ull dooms9ay 20, you
by that in any way affect the liberty OF the clt
zen The citizen Imprisoned only by the order of the
Senate, and the power TO imrS0n or TO delah expires
with Sucb Sir, j. the rule that we nave Dor
ing it, cited the other day the authentic work of the
late Judge Cushing on the Law and Practice of Legsa,
again hi, statement as follows:


According t. The Iaismenay law Of England there Is difference
s9boi and the latter not mpr.ou period teyon the session


That is the testimony OF Judge Gushing, who had de-
voted his life TO the study Of this subject. He then
goes on; -, - q, i,o, &. e;,re, pcidep,,, 70 or e,.
py conferred upon all leg sye assemblies and in some Of the


Where not regulated understood that The imprisonment


Mark, if you please, "terminates with the session"
Here yon have the authentic words OF this special
thority Interpreting the English parliamentary law and
also declaring law. WLo Is there that can 90 behind
these words What Senator VIII set up his research
his conclusion against that OF this excmplar Who Is
there here that will venture TO claim for the Senate
prerOgative which this American authority dclams for
legislative bodies in country unless expressly sane
toned by constitutional law I


session does not exist iii the House of Commons from
which derive such prerogaiyes or privileges as we
have but the stream cannot higher than the foun
tanhead How them If the power does not exist in the
House of Commons, can you ma IL mere You cannot
mate fountain. you attempt IT, permit me TO say you
will fail and the assumption Will appear without au-
thority and therefore usurpatiOn. characterize
H. feeling that cannot be called IN question when use
this strong language II You undertake to detan these
prisoners the expiration OF this session be-
come usurpers the Senate Of the United States usurps
hagrant when it is considered that 1t usrps this power
in order WELD it against the liberty of felowtzens


when state this conclusion feel that stand OH sup
ports that cannot be shaken stand on English authori
ties sustained by American authorities You cannot lind
anv exception. That n itself is authority. If you
could mention an exception should put ~ aside as an
accident or an abuse and not as an anhor Inc rue Is
caring that will be the duty of the judge on writ OF
habeas corpu this Senate closes Its session. 10
set these prisoners liberty unless the Senate has the
good sense in advance to authorize their discharge.
do NOT doubt the power and duty of the court
mat no Judge worthy of place the bench will hesi
tate in this ud gment Should he, would read TO him
the simple words Of the Lord CheI Jusuco Vi Ehslanu
on the point:


II The Hou,e his imprisonment but for week court
In Hail. and Judge OF all the courts WOu Dc bouhd 10
discharge by habeas corpus.


TThere Is no way Of answering those words They are
s commanding on this occasion II they were in the
verv text of our Constitution when say this, do not
ne3k vaguely for am that every student Of this
snbect will admit that a judgment like that which l
have adduced on question of parliamentary law, and
thar riphfs nf hl lis
in our country equal to the Constitution itself


THE sESATEs POWERS