A Compilation of Cases of Breaches of Privilege of the House, in the Assembly of the State of New York: With the Reports of Standing and Special Committees and the Proceedings and Judgments Thereon, Together with Full References to All Action in Each Case, from 1777 to 1871

Argus Company, printers, 1871 - 251 páginas

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Página 170 - Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity...
Página 184 - Congress a power to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States...
Página 183 - ... 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.
Página 215 - We have no more right to decline the exercise of jurisdiction which is given than to usurp that which is not given. The one or the other would be treason to the constitution.
Página 184 - And even in cases 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...
Página 183 - Representatives committed two persons of the name of Randall and Whitney, for attempting to corrupt the integrity of certain members, which they considered as a contempt and breach of the privileges of the House; and the facts being proved, Whitney was detained in confinement a fortnight, and Randall three weeks, and was reprimanded by the Speaker. In March, 1796, the House of Representatives voted a challenge given to a member of their House to be a breach of the privileges of the House; but satisfactory...
Página 183 - This privilege from arrest, privileges of course against all process the disobedience to which 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.
Página 218 - Privileges have been granted to legislators in all ages and in all countries. The practice is founded in wisdom ; and, indeed, it is peculiarly essential to the constitution of this country, that the members of both houses should be free in their persons in cases of civil suits. For, there may come a time when the safety and welfare of this whole empire may depend upon their attendance in parliament.
Página 183 - 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.
Página 182 - Neither a member himself, his wife,* or his servants, [familiares sui] for any matter of their own, may bef arrested on mesne process, in any civil suit : 3d. Nor be detained under execution, though levied before the time of privilege : 4th. Nor impleaded, cited or subpoenaed, in any court : 5th. Nor summoned as a witness or

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