Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/321

 CH. XII.] "Nor is it immaterial to notice, what difficulties the negation of this right in the house of representatives draws after it, when it is considered, that the concession of the power, if exercised within their walls, relinquishes the great grounds of the argument, to wit: the want of an express grant, and the unrestricted and undefined nature of the power here set up. For why should the house be at liberty to exercise an ungranted, an unlimited, and undefined power within their walls, any more, than without them? If the analogy with individual right and power be resorted to, it will reach no farther, than to exclusion; and it requires no exuberance of imagination to exhibit the ridiculous consequences, which might result from such a restriction, imposed upon the conduct of a deliberative assembly.

"Nor would their situation be materially relieved by resorting to their legislative power within the district. That power may, indeed, be applied to many purposes, and was intended by the constitution to extend to many purposes indispensable to the security and dignity of the general government; but there are purposes of a more grave and general character, than the offences, which may be denominated contempts, and which, from their very nature, admit of no precise definition. Judicial gravity will not admit of the illustrations, which this remark would admit of Its correctness is easily tested by pursuing, in imagination, a legislative attempt at defining the cases, to which the epithet contempt might be reasonably applied.

"But although the offence be held undefinable, it is justly contended, that he punishment need not be indefinite. Nor is it so.

"We are not now considering the extent, to which the punishing power of congress, by a legislative act, may be carried. On that subject, the bounds of their power are to be found in the provisions of the constitution.

"The present question is, what s the extent of the punishing power, which the deliberative assemblies of the Union may assume, and exercise on the principle of self-preservation?

"Analogy, and the nature of the case, furnish the answer—&#8216;the least possible power adequate to the end proposed;&#8217; which is the power of imprisonment. It may, at first view, and from the history of the practice of our legislative bodies, be thought to extend to other inflictions. But every other will be found to be mere commutation for confinement; since commitment alone is the alternative, where the individual proves in his place, and afterwards printed, reflecting on the character of Houston. In the former case, the house punished the offence by imprisonment; in the 40