exercised repeatedly, under the state governments, independent of any special constitutional provision, upon the broad ground stated, by Mr. Chief Justice Shippen, that the members of the legislature are legally, and inherently possessed of all such privileges, as are necessary to enable them, with freedom and safety, to execute the great trust reposed in them by the body of the people, who elected them.[1]
§ 846. The power to punish for contempts, thus asserted both in England and America, is confined to punishment during the session of the legislative body, and cannot be extended beyond it.[2] It seems, that the power of congress to punish cannot, in its utmost extent, proceed beyond imprisonment; and then it terminates with the adjournment, or dissolution of that body.[3] Whether a fine may not be imposed, has been recently[4] made a question in a case of contempt- ↑ Bolton v. Martin, 1 Dall. R. 296. See also House of Delegates in 1784, the case of John Warden, 1 Elliot's Debates, 69; Coffin v. Coffin, 4 Mass. R. 1, 34, 35.
- ↑ Dunn v. Anderson, 6 Wheat. R. 204, 230, 231.
- ↑ Dunn v. Anderson, 6 Wheat. R. 204, 230, 231; 1 Kent's Comm. Lect. 11, p. 221.
- ↑ In 1831.
the distance, to which the process might reach, it is very clear, that there exists no reason for confining its operation to the limits of the District of Columbia. After passing those limits, we know no bounds, that can be prescribed to its range, but those of the United States. And why should it be restricted to other boundaries? Such are the limits of the legislating powers of that body; and the inhabitant of Louisiana or Maine may as probably charge them with bribery and corruption, or attempt, by letter, to induce the commission of either, as the inhabitant of any other section of the Union. If the inconvenience be urged, the reply is obvious: there is no difficulty in observing that respectful deportment, which will render all apprehension chimerical."
See also Rex v. Brass Crosby, 3 Wilson R. 188.—In the convention a proposition was made and referred to the select committee appointed to draft the constitution giving authority to punish for contempts, and enumerating them. The committee made no report on the subject. Journ. of Convention, 20th Aug. 263, 264.
