The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
$When a Representative is withdrawn from his seat by summons, the 47,700
people whom he represents lose their voice in debate and vote, as they
do in his voluntary absence: when a Senator is withdrawn by summons,
his State loses half its voice in debate and vote, as it does in his
voluntary absence. The enormous disparity of evil admits no comparison.
So far there will probably be no difference of opinion as to the
privileges of the two Houses of Congress; but in the following cases
it is otherwise. In Dec. 1795, the House of Representatives committed
two persons of the names of Randall and Whitney, for attempting to
corrupt the integrity of certain members which they considered as a
contempt and breach of the privileges of the House and the facts being
proved, Whitney was detained in confinement a fortnight, and Randall
three weeks, and was reprimanded by the Speaker. In March, 1796, the
House of Representatives voted a challenge given to a member of their
House, to be a breach of the privileges of the House; but satisfactory
apologies and acknowledgments being made, no further proceedings were
had. The Editor of the Aurora having in his paper of Feb. 19, 1800,
inserted some paragraphs defamatory to the Senate, and failed in his
appearance, he was ordered to be committed. In debating the legality of
this order, it was insisted in support of it, that every man, by the law
of nature, and every body of men, possesses the right of self-defence;
that all public functionaries are essentially invested with the powers
of self-preservation; that they have an inherent right to do all acts
necessary to keep themselves in a condition to discharge the trusts
confided to them; that whenever authorities are given, the means of
carrying them into execution are given by necessary implication; that
thus we see the British Parliament exercise the right of punishing
contempts; all the State Legislatures exercise the same power; and every
Court does the same; that if we have it not, we sit at the mercy of every
intruder who may enter our doors or gallery, and by noise and tumult
render proceeding in business impracticable; that if our tranquillity
is to be perpetually disturbed by newspaper defamation, it will not
be possible to exercise our functions with the requisite coolness and
deliberation; and that we must therefore have a power to punish these
disturbers of our peace and proceedings. To this it was answered, that
the Parliament and Courts of England have cognizance of contempts by
the express provisions of their law; that the State Legislatures have
equal authority, because their powers are plenary; they represent their
constituents completely, and possess all their powers, except such as
their Constitutions have expressly denied them; that the Courts of the
several States have the same powers by the laws of their States, and
those of the Federal Government by the same State laws, adopted in each
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