$It was probably from this view of the encroaching character of privilege, that the framers of our Constitution, in their care to provide that the laws shall bind equally on all, and especially that those who make them shall not be exempt themselves from their operation, have only privileged "Senators and Representatives" themselves from the single act of arrest in all cases except treason, felony, and breach of the peace, during their attendance at the session of their respective Houses, and in going to and returning from the same, and from being questioned in any other place for any speech or debate in either House.--Const. U. S. Art. I. Sec. 6. Under the general authority "to makes all laws necessary and proper for carrying into execution the powers given them," Const. U. S. Art II. Sec. 8, they may provide by law the details which may be necessary for giving full effect to the enjoyment of this privilege. No such law being as yet made, it seems to stand at present on the following ground:--1. The act of arrest is void, _ab initio_, 2 Stra. 989.--2. The member arrested may be discharged on motion, 1 BI. 166. 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.--Orders of the House of Com. 1550, Feb. 20.--3. The arrest being unlawful, is a trespass for which the officer and others concerned are liable to action or indictment in the ordinary courts of justice, as in other cases of unauthorized arrest.--4. The court before which the process is returnable, is bound to act as in other cases of unauthorized proceeding, and liable also, as in other similar cases, to have their proceedings stayed or corrected by the Superior Courts. The time necessary for going to and returning from Congress not being defined, it will of course be judged of in every particular case by those who will have to decide the case.$ While privilege was understood in England to extend, as it does here, only to exemption from arrest _eundo, morando et redeundo_, the House of Commons themselves decided that "a convenient time was to be understood."--1580--1 _Hats._ 99, 100. Nor is the law so strict in point of time as to require the party to set out immediately on his return, but allows him time to settle his private affairs, and to prepare for his journey; and does not even scan his road very nicely, nor forfeit his protection for a little deviation from that which is most direct; some necessity perhaps constraining him to it.--2 _Stra._ 986, 987. This privilege from arrest, privileges of course against all process, the disobedience is punishable by an attachment of the person; as a subpoena ad respondendum, or testificandum, or a summons on a jury; and with reason, because a member has superior duties to perform in another place.