The Washington times., 1904-01-26

Are members of the two houses
Of Congress immune from arrest?
is the question asked The Times
by a reader. The question is evil
IDENTIFY inspired by recent events.
when a Territorial Delegate was ar
rested for disorderly conduct. and the
fact that the case was dropped. as have
been most others Of similar character,
after the prisoner had made the public
claim that he was immune from arrest
and had spent the night in a police
cell rather than deposit s. collateral
makes the inquiry pertinent.
For the benefit of fits questioner and
others. The Times has looked into the
law on the subject This is simple.
specific and fundamental for It is none
other than portion OF the Constitution
of the United States. As most others
Of the provisions Of that remarkable
document. it is founded on English
common law. and in all the years which
have followed since its adoption it has
not been found necessary to re-embody
the law In the form of a statute. as it
is entirely self-explanatory
Section Of Constitution.
The law in question is found in Section
6. Article 1. of the Constitution, and
reads as follows:
The Senators and Representatives
shall, In all cases, except treason,
felony. and breach OF the peace, be
privileged from arrest during their at
tendance at the session OF their re-
spective houses, and in going to and re-
turning from the same"
Commenting on this, Paschal, in his
Constitution of the United States, says:
I y T. =
dictable offenses. as well as those which
are attended with force and violence.
The privilege from arrest commences
from the election, and before the mem
Der takes his seat or is sworn. One who
goes to Washington duly commissioned
to represent State in Congress is priv
ileged from arrest, and though it be
subsequently decided by Congress that
he is not entitled TO a seat there, he is
protected until he reaches home. IL he
return there as soon as possible
Not to Be Interfered With.
In further explanation of the reason
for this law, the Encyclopedia Of Law
says:
That the discharge Of their duty to
the public may not be interfered with at
the instance OF private PARTIES, members
of Parliament. of Congress, and of State
Legislatures are privileged from arrest
while going TO. attending and returning
from, sessions of the bodies to which
they belong"
Cooley, on Constitutional L4imita-
TONS. has this to say:
BY common parliamentary law, mem
bers Of Legislatures are privileged from
arrest on civil process. For any arrest
contrary to the parliamentary law or
to these provisions, the house Of which
the person arrested is a member may
gain summary relief by ordering his dis
charge. and, If the order is not complied
WITH by punishing the persons concerned
in the arrest as for a contempt of its
authority. The remedy OF the member.
however. Is not confined to this mode OF
relief. His privilege is not the privilege
of the house merely, but OF the people,
and is conferred TO enable him to dis
charge the trusts confded to him by his
constituents, and If the house neglect to
interfere. the court from which the
process issued. or any court or officer
having authority Of habeas corpus, may
also release the party from unlawful
Imprisonment"
A Celebrated Case.
A celebrated case has settled the point