CH. XII.]
PRIVILEGES OF CONGRESS.
305
by the prerogative of the executive. The state constitutions generally contain some provision on the same subject, as a security to the independence of the legislature.
§ 842a. These are all the powers and privileges, which are expressly vested in each house of congress by the constitution. What further powers and privileges they incidentally possess has been a question much discussed, and may hereafter be open, as new cases arise, to still further discussion. It is remarkable, that no power is conferred to punish for any contempts committed against either house; and yet it is obvious, that, unless such a power, to some extent, exists by implication, it is utterly impossible for either house to perform its constitutional functions. For instance, how is either house to conduct its own deliberations, if it may not keep out, or expel intruders? If it may not require and enforce upon strangers silence and decorum in its presence? If it may not enable its own members to have free ingress, egress, and regress to its own hall of legislation? And if the power exists, by implication, to require the duty, it is wholly nugatory, unless it drawls after it the incidental authority to compel obedience, and to punish violations of it. It has been suggested by a learned commentator, quoting the language of Lord Bacon,[1] that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated; and hence he deduces the conclusion, that, as the power to punish contempts is not among those enumerated, as belonging to either house, it does not exist.[2] Now, however wise or correct the maxim of Lord Bacon is in a general sense,vol. ii.39
