Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-17
THE RIGHT or THE RaUsE OF REP.
REsENTATIVEs TO ARREST ABSENT

THE RIGHT or THE House OF REP
REsENTATIVEs TO ARREST ABSENT
MEMBERS.
COmmunieated.l
Whether less than quorum Of the House
Of Representatives Of this State has the right
to order the arrest of an absent member, is a
question Of such grave Importance as to JUS
tify DISCUSSION. Section Is, Article H., of
the State Constitution declaring the "Priv-
leges Of the members Of the legislature
says:
Senators and Representatives shall in 81
cases, except treason, felony, or breach Of the
peace, be privileged from arrest during the
session of the Gen@al Assembly, and in
going to and returning from the same"
The General Assembly is either in session
or it is not. If it is, then the Senators and
Representatives are Gin all cases, except trea-
son, felony, or breach of the peace, privileged
from arrest" / presume no one claims for
the Legislature, OF either branch of it, the
right TO have any one arrested for either of
the three exceptions: felony, treason and
breach Of the peace This declaration Of the
privileges Of members is not law of the
State, or a resolution of either or both
Houses. 1t is an authority which no legis-
ture can impair. 1t is the Constitution of
the State.
1.-THE Legislature is not in session, certain
| ly portion Of the members Of the House
have no right to order the arrest of one of
its members. There is only one paragraph
in the Constitution which gives any power
TO less than a quorum. Section IL, article
II, says: 'Two-thirds of each House shall
constitute quorum to do business; but a
smaller number may adjourn from day to
day, and maybe authorized By Iav to compel
the attendance Of absent members" l be-
lieve it is not insisted that there is any law
Of the State authorizing "a smaller number"
than quorum to compel the attendance Of
absentees. If ffty-fve membe.s-one less
than quorum-can compel the attendance
Of absent members, in the absence of any law
upon the subject, cannot fifty-loIr do it? If
ffty-four can do it. cannot ffty-thrss?
And 50 on until you get down to one. If
fifty-fve members can order the arrest of one
absentee, one would have the same authori-
ty to order the arrest of the remaining
eighty three if they were absent The propo-
sition is thus reduced to an absurdity. The
Constitution having expressly declared how
a smaller number" than a quorura may
compel the attendance Of absentees, the
mode prescribed by the Constitution must
be strictly followed Even if parliament
airy manual or a rule of some parliament
airy body be found authorizing the eompul-
sorry attendance of members, and that man
ual or rule be adopted by our House of
Representatives, that would not comply with
the requirement of the Constitution, for it
would not be claw" "a bill" has to be
"read and adopted on three different days in
each House and be signed by the respective
Speakers" before it becomes a law. See
Constitution, Art. III, Sec. Is.
If the smaller number than quorum dis
regard the Constitution, and have an absent
member arrested, what is the remedy? He
may resist such illegal arrest by force suf-
fcient to prevent it. The peaceable remedy
is to sue out a writ of babeas corpus; and the
party arresting, the Speaker who signs the
order, and all members voting for and aid
ing and abetting the arrest are liable to suit
for false Imprisonment.
IfIwere addressing this argument to
judicial officer, should also insist upon
Sections 7 and of the Declaration of
Rights, Constitution, Article l, but this is
perhaps sufficient for the general reader.