perform awn fron and peop debate and "Privileg he election member el and is to e cannot vot Hats. 22 "Every are memb cond L If an of the House is an in

Members of the Legislature, except in treason, felony and breach, or surety of the peace, are privilged from arrest during their attendance at a session of the Legislature.

A member is also privileged from arrest, summons, citation or other civil process during his attendance on the public business confided to him, and his suits cannot be forced on to trial during the session of the Legislature. Geyers Less. vs. Irwin, 4 Dall. 107.

The act of arrest is void ab initio. 2 Stra. 989.

The member arrested may be discharged on motion. 2 Stra. 990. Or by habeas corpus under the Federal or State authority as the case may be, or by a writ of privilege out of the Chancery, 2 Stra. 989, in those States which have adopted that part of the laws of England.

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This privilege from arrest extends to all process, the disobedience of which is punishable by attachment of the person, as a subpœna ad respondendum or testificandum, summons on a jury, &c. because a member has superior duties

That and mai Dember tion of

to perform. When a representative is withdrawn from his seat by summons, the six thousand people he represents lose their voice in debate and vote. Jefferson's Manual.

"Privilege from arrest takes place by force of the election, and before a return be made, as a member elected may be named of a Committee and is to every intent a member, except that he cannot vote until he is sworn." Lex Parl. c. 23. 2 Hats. 22, 62.

"Every man must at his peril take notice who are members of either House returned of record." Lex Parl. 4 Inst. 24.

If an offence be committed by a member in the House, of which the House has cognizance, it is an infringement upon their right, for any person or court to take notice of it, till the House has punished the offender, or referred him to a due course. Lex Parl. 63.

"No member shall be called to answer with respect to any thing spoken by him in debate, respecting any member otherwise than in the House, and before the next adjournment, except the member, so spoken of, shall be absent."Rule 8th of Assembly.

thing uttered in debate, which being known may be likely to involve injurious consequences to the public or any individual."-Rule 8th of Assembly.

"The freedom of deliberation, speech and debate, in either House of the Legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint in any other court or place whatsoever." - Const. of Massachusetts, Art. 21. Const. of New Hampshire, Art. 30. Const. of Vermont, Art. 14.

"Freedom of speech and debate, or proceedings in the Legislature, ought not to be impeached in any court of judicature." - Const. of Maryland, Art. 8.

"Tha mes on without Rembly.

"For any speech or debate in either house the members of the General Assembly shall not be questioned in any other place."-Const. of Louisiana, Art. 2. Sec. 20.

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The Supreme Court of Massachusetts have ruled that a member of the Legislature can plead his privilege in bar to an action in slander

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for words spoken in the house. That members and add

as representatives of the people, are entitled to freedom of speech in debate, even against the will of the house; and that a member is exempt

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from prosecution for any debate or proceeding, st; b

whether such debate or proceeding was according to the rules of the house or not, whether in committee or joint meeting.

"That no member speak more than three times on the same subject, in the same debate, without leave of the House." - Rule 7 of Assembly.

"That all questions of order be determined by the Speaker, subject to an appeal to the House, when demanded by four members."-Ibid.

"That when two or more members rise to speak nearly at the same time, the Speaker to decide who shall speak first, and call him by name, and that such member then proceed, unless the House interfere and adjudge otherwise." Ibid.

"On a motion for the previous question no one shall speak more than once without leave of the House." Rule 6 of Assembly.

"When a member stands up to speak, no question is to be put, but he is to be heard, unless the House overrule him." -4 Grey, 390.

"When two members rise at the same time, the President shall name the person to speak; but in all cases the member who shall first rise and address the Chair, shall speak first."-Rule 5 of the U. S. Senate.

If two or more rise at the same time"The Speaker shall determine who shall speak first; but sometimes the House does not acquiesce in the Speaker's decision, in which case, the question is put, which member was first up." 2 Hats. 76.

"A member may be permitted to speak." (more

re

than three times) "to clear a matter of fact." 3 Grey, 357, 416. Or merely to explain himself, 2 Hats. 73, in some material part of his speech, Ib. 75, or to the manner or words of the question, keeping himself to that only, and not travelling into the merits of it, Memorials in Hakew. 29; or to the orders of the House if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew. 30, 31.

"But if the Speaker rises to speak, the member standing up ought to sit down, that he may be first heard." Mem. Hakew. 30,31. "Nevertheless, though the Speaker may, of right, speak to matters of order and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact." 3 Grey, 38.

ber ther cim by ast,' or

"No one is to speak impertinently or beside the question, superfluously or tediously." Scob. 3133; 2 Hats. 166–168; Hale Parl. 133.

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"No person is to use indecent language against the proceedings of the House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it." 2 Hats. 169, 170. while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House." 9 Grey, 508.

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