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'the house. If the member-waive it without leave, . it is a ground for punishing him, but cannot in
effect waive the privilege of the house. 3 Grey, 140, 222.
For any speech or debate in either house, they shall not be questioned in any other place. Const. U. S. I. 6. S. P. protest of the Commons to James I. 1621. 2. Rapin. No. 54. p. 211, 212. But this is restrained to things done in the house in a parliamentary course. 1 Rush. 663. For he is not to have privilege contra morem parliamentariam, to exceed the bounds and limits of his place and duty. Com. p.
If an offence be committed by a member in the house, of which the house has cognizance, it is an infringement of their right for any person or court to take notice of it, till the house has punished the offender, or refered him to a due course. Lex Parl. 63.
Privilege is in the power of the house, and is a restraint to the proceeding of inferior courts; but not of the house itself. 2 Nalson, 450, 2 Grey, 399. For whatever is spoken in the house is subject to the censure of the house; and offences of this kind have been severely punished by calling the person to the bar to make submission, commit. ting him to the tower, expelling the house, &c. Scob. 72. L. Parl. c. 22.
It is a breach of order for the speaker to refuse to put a question which is in order. 2 Hats, 175, 6. 5 Grey, 133.
And even in case of treason, felony and breach of the peace, to which privilege does not extend as to substance, yet in parliament a member is
privileged as to the mode of proceeding. The case is first to be laid before the house, that it may judge of the fact and of the grounds of the accusation, and how far forth the manner of the trial may concern their privilege. Otherwise it would be in the power of other branches of the government, and even of every private man, under pretence of trea. son, &c. to take any man from his service in the house, and so many, one after another, as would make the house what he pleaseth. Dec. of the Com. on the King's declaring Sir John Hotham a trai. tor. 4 Rushw. 586. So when a member stood in. dicted for felony, it was adjudged that he ought to remain of the house till conviction. For it may be any man's case; who is guiltless, to be accused and indicted of. felony, or the like crime. 23 El. 1580 D'Ewes, 283. col. 1. Lex Parl. 133.
When it is found necessary for the public ser. vice to put a member under arrest, or when, on any public inquiry, matter comes out which may lead to effect the person of a member, it is the practice immediately to acquaint the house that they may know the reasons for such a proceeding, and take such steps as they think proper. 2 Hats. 259. Of which see many examples. Ib. 256, 257, 253. But the communication is subsequent to the arrest. 1 Blackst. 167.
It is highly expedient, says Hatsell, for the due preservation of the privileges of the separate branches of the legislature, that neither should encroach on the other, or interfere in any matter depending before them, so as to preclude, or even influence that freedom of debate, which is essential to a free council. They are therefore not to
take notice of any bills or other matters depending, or of votes that have been given, or of speeches which have been held, by the members of either of the other branches of the legislature, until the same have been communicated to them in the usual parliamentary manner. 2 Hats. 252, 4 Inst. 15, Seld. Jud. 53. Thus the king's taking notice of the bill, for suppressing soldier's, depend. ing before the house ? his proposing a provisional clause for a bill before it was presented to him by the two houses; his expressing displeasure against some persons for matters moved in parliament du. ring the debate and preparation of a bill, were breaches of privilege ; 2 Nalson, 743; and in 1783, December 17, it was declared a breach of fundamental privileges, &c. to report any, opinion or pretended opinion of the king, on any bill or proceeding depending in either house of parliament, with a view to influence the voies of the members. 2 Hats. 251, 6. .
· [The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. Const. I. 4.]
[Each house shall be the judge of the elections, returns, and qualifications of its own members. Const. l. 5.1
[The senate of the United States shall be com. posed of two senators from each state, chosen by the legislature thereof for six years, and each senator shall have one vote.]
[Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the end of the 2d year; of the second class at the expiration of the 4th year; and of the third class at the expiration of the 6th year; so that one-third may be chosen every second year; and if vacancies happen by resignation or other. wise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legis. lature, which shall then fill such vacancies.]
[No person shall be a' senator who shall not have attained to the age of 30 years, and been 9 years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. Const. I. 3.]
[The house of representatives shall be composed of members chosen every second year, by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.]
[No person shall be a representative who'shall not have attained to the age of 25 years, and been seven years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that state in which he shall be chosen.]
[Representatives and direct taxes shall be ap. . portioned among the several states which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and including Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such man. ner as they shall by law direct. The number of representatives shall not exceed one for every thir. ty thousand, but each state shall have at least one representative. Constitution of the U. Stutes 1. 2]
The provisional apportionments of representatives made in the constitution in 1787, and after. . wards by congress, were as follows: