Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/323

 CH. XII.] of representatives; that the express grant of power to punish their members respectively, and to expel them, by the application of a familiar maxim, raises an implication against the power to punish any other, than their own members.

"This argument proves too much; for its direct application would lead to the annihilation of almost every power of congress. To enforce its laws upon any subject, without the sanction of punishment, is obviously impossible. Yet there is an express grant of power to punish in one class of cases and one only; and all the punishing power exercised by congress in any cases, except those, which relate to piracy and offences against the laws of nations, is derived from implication. Nor did the idea ever occur to any one, that the express grant in one class of cases repelled the assumption of the punishing power in any other.

"The truth is, that the exercise of the powers given over their own members was of such a delicate nature, that a constitutional provision became necessary to assert, or communicate it. Constituted, as that body is, of the delegates of confederated states, some such provision was necessary to guard against their mutual jealousy, since every proceeding against a representative would indirectly affect the honour or interests of the state, which sent him.

"In reply to the suggestion, that, on this same foundation of necessity, might be raised a superstructure of implied powers in the executive, and every other department, and even ministerial officer of the government, it would be sufficient to observe, that neither analogy nor precedent, would support the assertion of such powers in any other, than a legislative or judicial body. Even corruption any where else would not contaminate the source of political life. In the retirement of the cabinet, it is not expected, that the executive can be approached by indignity or insult: nor can it ever be necessary to the executive, or any other department, to hold a public deliberative assembly. These are not arguments; they are visions, which mar the enjoyment of actual blessings, with the attack or feint of the harpies of imagination.

"As to the minor points made in this case, it is only necessary to observe, that there is nothing on the face of this record, from which it can appear, on what evidence this warrant was issued. And we are not to presume, that the house of representatives would have issued it without duly establishing the fact charged on the individual. And, as to punished by imprisonment. Nor is there any thing peculiar in the claim under the constitution of the United States. The same power has been claimed, and