The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private — John Shaqi
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
For the powers of Congress, see the following Articles and Sections of
the Constitution of the United States:--Art. I., Sec. 4, 7, 8, 9.--Art.
II., Sect. 1, 2.--Art. III., Sec. 3.--Art. IV., Sec. 1, 3, 5.--And all
the Amendments.$
SECTION III.
PRIVILEGE.
The privileges of the members of Parliament, from small and obscure
beginnings, have been advancing for centuries, with a firm and
never-yielding pace. Claims seem to have been brought forward from time
to time, and repeated till some example of their admission enabled them
to build law on that example. We can only, therefore, state the point of
progression at which they now are. It is now acknowledged, 1st. That they
are at all times exempted from question elsewhere, for anything said in
their own house: that during the time of privilege, 2d. Neither a member
himself, his wife,[2] or his servants, [_familiares sui_] for any matter
of their own, may be[3] arrested on mesne process, in any civil suit:
3d. Nor be detained under execution, though levied before the time of
privilege: 4th. Nor impleaded, cited or subpœnaed, in any court: 5th.
Nor summoned as a witness or juror: 6th. Nor may their lands or goods be
distrained: 7th. Nor their persons assaulted, or characters traduced. And
the period of time, covered by privilege, before and after the session,
with the practice of short prorogations under the connivance of the
Crown, amounts in fact to a perpetual protection against the course of
justice. In one instance, indeed, it has been relaxed by 10 _G._ 3, c.
50, which permits judiciary proceedings to go on against them. That these
privileges must be continually progressive, seems to result from their
rejecting all definition of them; the doctrine being, that "their dignity
and independence are preserved by keeping their privileges indefinite;"
and that "the maxims upon which they proceed, together with the method
of proceeding, rest entirely in their own breast, and are not defined
and ascertained by any particular stated laws."--1 _Blackstone_, 163, 164.
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