New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-14
NEW PUBLICATIONS..

4
THE Law AND PRAcIcE OF LrGisLaTNE R A. SSLis
THE UNITED sgA,E $, % ss Bcson: Little Bronn
ANYBODY who compares this very bulky volume
of near eleven bupdred very large pages with me
little pocket Iemo of Jeffersons Matual-rO long
the sole suthorib in use among us as to parlia'
mentary lawful come to the conclusion either
that the practice of our American legislative as
sembes in the last sixty years has shed food OF
new light upon the subject else that the public
interest in it has greatly increased.
A cursOry examination Of this huge volume leads
us to the conclusion that lis size is chiefly due to
the latter consideration since the new information
conveyed is by DO means in proportion to the differ
ence in bulk of the two volumes Indeed, Mr. Cush-
ing applies TO his own work the very description
which Jefferson gives OF his that OF sketch which
successors will gradually correct and fill up till q
code of rules shall be formed, the effect of which
may be accuracy in business, on'my OF time,
order, uniformity and impartiaiity-results to
which If must be confessed that Glr American par
liamentary assemblies are yet far from having
attained.
MIR. Gushing has arranged bis work into nine
parts. each of which is again distributed into
portions called chapters and sections, several
chapters of the same part being occasionally csssed
together as division. The first Part treats Of tne
election of members under the several heads OF
constituencies; persons competent to be electors;
persons competent to be elected; the mode Of
election: the reuurn: cOntroverted elections and
returns.
The second Part discusses the constitution of
legislative bodies, under the heads Of assembly;
qualification and organizations officers place and
manner of sitting and formal proceeding for the
tran,actcn of business; functions of the execu-
five in CONJUNCTION with the legislative depart
ment: vacancies and elections to fill them; SEES
sion: adjournment; proroga,ion; assembling by
proclamation; dissolution.
The third Part treats of the privileges and Incl
dentsl powers OF legislative assembly under the
heads of their general nature; the personal priv.
leoes q III. mbers; collective or aggregate priv.
leees; incidental powers.
We give iIcn this part the following extracts
both as specimens of the style aud execution of
K,
interest
FREEDOM OF DEBATE AND PROCEEDING.
Freecom of speech and debate has always been en-
;, "a nv the members of both Houses of the British
Parliament as one Of their most ancient and
r;obs and privileges, and entirely essential 10 the free
,rd irdepepdept exercise of their functions This
,;x;leo, though originally intended as protaction
aacainst the power OF the Crown, has always been
eSnaI, ,tectual to protect the members against the
attacks Of their fellow subjects Aher many centric
sr;cs b,t tween the two Houses themselves or one of
them and some other count or authority was finally
a,,I.a az the Revolution and ex oressly declared nv
tb Ril Of Rights a. Of the fundamental Ibe ties
of ne necple that the freedom Of speech ana de-
hates and proceedings in Parliament, ought 10, to be
impeacbed questioned IN any court or place out of
In this country this privilege has been expressly
fccl,rcd bv Constitution IN favor of the mem6ers Of
All our Legislative Assemblies, except those Of Viz
ciiia, North Carolina, Sou'h Caro- ina, Mississippi
LAVA Texas ana California, in substantially the SAM
6nm as above stated. and with the same legal effect.
,Lnurh in general, somewhat more tersey expressed
tbe si guage beirg for the most part that, for anv
,eerh or debate il either House. members shall no,
H., ous,tiuned in any other place.. In the States
alcyc M, Iii, ned there docs not appear to BE- any
rr,y.;or cf constitution this subject but the Cnn
.t,u;ors Of Mississippi ard Iowa, after colf-rring
c,rtsin specified powers and privileges upon the
Hous.. OF their Legislative Assemblies. contain :.
rerrr, Grant 10 Il em If all other Necessary poyers
and in Sou,h Carolina the existence of the priyieg.
as sti.Liior al one only to be inferred from Il.
btirg therein made punishable ol;n-e to threaten
harm to any member for anything SAIL done in the
Iouse of which he is a member There can be no
doubt. However, that, according to the principle,
sr,adv laid down the privilege of freedom Of speech
ard debate eAists in these Sistes as fully and eec
,ualy as If il had been EXPIRE ssly provided.
The privilege, secured by this constitutional pro-
vision though OF personal nature, is not 20 much
Intended to protect The members against per,ecu.
tons for tier own individual advantage IS to sup
poit the rights Of the people oy enabling ,hei rsgte
w,ttout fear either of civil or criminal prosecutions.
and therefore it ought not to be construed strictly
AID confined strictly within the literal meaning Of the
words in which is expressed but TO receive liberal
design Sea for which is established 1t i, accordingly
ned Tia, this privilege secures to every member
;mmrpity from prosecution. for any thing said or done