Iowa, April 3, 1868.
Arkansas, April 6, 1868.
Florida, June 9, 1868.

* North Carolina, July 4, 1868.
Louisiana, July 9, 1868.
*South Carolina, July 9, 1868.
Alabama, July 13, 1868.
*Georgia, July 21, 1868.

*The State of Virginia ratified this amendment on the 8th of October, 1869, subsequent to the date of the proclamation of the Secretary of State.

JEFFERSON'S MANUAL OF PARLIAMENTARY

PRACTICE.

Importance of Rules.

SEC. I.-IMPORTANCE OF ADHERING TO

RULES.

Mr. Onslow, the ablest among the Speakers of the House of Commons, used to say, "It was a maxim he had often heard when he was a young man, from old and experienced members, that nothing tended more to throw power into the hands of administration, and those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of proceeding; that these forms, as instituted by our ancestors, operated as a check and control on the actions of the majority, and that they were, in many instances, a shelter and protection to the minority, against the attempts of power." So far the maxim is certainly true, and is founded in good

The States of Delaware, Maryland, Kentucky, and Texas rejected the amendment. The fifteenth article was submitted to the Legislatures of the several States, there being then thirty-seven States, by a resolution of Congress passed on the 27th of February, 1869, at the first session of the Forty-first Congress; and was ratified, according to a proclamation of the Secretary of State dated March 30, 1870, by the Le-sense, that as it is always in the power of gislatures of the following States: Nevada, March 1, 1869. West Virginia, March 3, 1869. North Carolina, March 5, 1869. Louisiana, March 5, 1869. Illinois, March 5, 1869. Michigan, March 8, 1869. Wisconsin, March 9, 1869. Massachusetts, March 12, 1869. Maine, March 12, 1869. South Carolina, March 16, 1869. Pennsylvania, March 26, 1869. Arkansas, March 30, 1869. + New York, April 14, 1869. Indiana, May 14, 1869. Connecticut, May 19, 1869. Florida, June 15, 1869. New Hampshire, July 7, 1869. Virginia, October 8, 1869. Vermont, October 21, 1869. Alabama, November 24, 1869. Missouri, January 10, 1870. Mississippi, January 17, 1870. Rhode Island, January 18, 1870. Kansas, January 19, 1870.

Ohio, January 27, 1870. Georgia, February 2, 1870. Iowa, February 3, 1870. Nebraska, February 17, 1870. Texas, February 18, 1870. Minnesota, February 19, 1870.

The State of New Jersey ratified this amendment on the 21st of February, 1871, subsequent to the date of the proclamation of the Secretary of State.

The States of California, Delaware, Kentucky, Maryland, Oregon, and Tennessee rejected this amendment.

the majority, by their numbers, to stop any improper measures proposed on the part of their opponents, the only weapons by which the minority can defend themselves against similar attempts from those in power, are the forms and rules of proceeding which have been adopted as they were found necessary, from time to time, and are become the law of the House; by a strict adherence to which, the weaker party can only be protected from those irregularities and abuses which these forms were intended to check, and which the wantonness of power is but too often apt to suggest to large and successful majorities. 2 Hats., 171, 172.

And whether these forms be in all cases the most rational or not, is really not of so great importance. It is much more material that there should be a rule to go by, than what that rule is; that there may be a uniformity of proceedings in business, not subject to the caprice of the Speaker, or captiousness of the members. It is very material that order, decency, and regularity be preserved in a dignified public body. 2 Hats. 149.

SEC. II.-LEGISLATURE.

[All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Constitution of the United States, Art. 1, Sec. 1.]

[The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. stitution of the United States, Art. 1, Sec. 6.]

Con

[For the powers of Congress, see the following Articles and Sections of the Constitution of the United States: I, 4 7, 8, 9. II, 1, 2. III, 3. IV, 1, 3, 5 and all the amendments.]

SEC. III.-PRIVILEGE.

stand at present on the following ground: 1. The act of arrest is void, ab initio. 2. The member arrested may be discharged on motion, 1 Bl., 166; 2 Stra., 990; or by habeas corpus under the Federal or State authority, as the case may be; or by a writ of privilege out of the chancery, 2 Stra., 989, in those States which have adopted that part of the laws of England. Orders of the House of Commons, 1550, February 20. 3. The arrest being unlawful, is a trespass for which the officer and others concerned are liable to action or indictment in the ordinary courts of justice, as in other cases of unauthorized 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.]

The privileges of members of Parliament, from small and obscure beginnings, have been advancing for centuries with a firm and never-yielding pace. Claims seem to have been brought forward from time to time, and repeated, till some example of their admission enabled them to build law on that example. We can only, therefore, state the points of progression at which they now, are. It is now acknowledged, 1st. That they are at all times exempted from question elsewhere, for anything said in their own House; that during the time of privilege, 2d. Neither a member himself, his wife, nor his servants, (familiares sui,) for any matter of their own, may be arrested on mesne process, in any civil suit: 3d. Nor be detained under exetution, though levied before time of privilege: 4th. Nor impleaded, cited, or subpoenaed in any court: 5th. Nor summoned as a [The time necessary for going to, and rewitness or juror: 6th. Nor may their turning from, Congress, not being defined, lands or goods be distrained: 7th. Nor it will, of course, be judged of in every their persons assaulted, or characters tra- particular case by those who will have to duced. And the period of time covered by decide the case.] While privilege was unprivilege, before and after the session, with derstood in England to extend, as it does the practice of short prorogations under here, only to exemption from arrest, eundo, the connivance of the Crown, amounts in morando, et redeundo, the House of Comfact to a perpetual protection against the mons themselves decided that "a convecourse of justice. In one instance, indeed, nient time was to be understood." (1580,) it has been relaxed by the 10 G. 3, c. 50,1 Hats., 99, 100. Nor is the law so strict which permits judiciary proceedings to go on against them. That these privileges must be continually progressive, seems to result from their rejecting all definition of them; the doctrine being, that "their dignity and independence are preserved by keeping their privileges indefinite; and that the maxim upon which they proceed, together with the method of proceeding, rest entirely in their own breast, and are not defined and ascertained by any particular stated laws.'" 1 Blackst., 163, 164.

[It was probably from this view of the encroaching character of privilege that the framers of our Constitution, in their care to provide that the laws shall bind equally on all, and especially that those who make them shall not exempt themselves from their operation, have only privileged "Senators and 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." Const. U. S., Art. 1, Sec. 6. Under the general authority "to make all laws necessary and proper for carrying into execution the powers given them," Const. U. S., Art. 2, Sec. 8, they may provide by law the details which may be necessary for giving full effect to the enjoyment of this privilege. No such law being as yet made, it seems to

in point of time as to require the party to set out immediately on his return, but allows him time to settle his private affairs, and to prepare for his journey; and does not even scan his road very nicely, nor forfeit his protection for a little deviation from that which is most direct; some necessity perhaps constraining him to it. 2 Stra., 986, 987.

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. [When a representative is withdrawn from his seat by summons, the 40,000 people whom he represents lose their voice in debate and vote, as they do on his voluntary absence; when a Senator is withdrawn by summons, his State loses half its voice in debate and vote, as it does on his voluntary absence. The enormous disparity of evil admits no comparison.]

[So far there will probably be no difference of opinion as to the privileges of the two Houses of Congress; but in the following cases it is otherwise. In December, 1795, the House of 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 apologies and acknowledgments being made, no further proceeding was had. The editor of the Aurora having, in his paper of February 19, 1800, inserted some paragraphs defamatory of the Senate, and failed in his appearance, he was ordered to

be committed.

which authorizes them "to make all laws necessary and proper for carrying into execution the powers vested by Constitution in them," they may provide by law for an undisturbed exercise of their functions, e. g., for the punishment of contempts, of affrays or tumult in their presence, &c.; but, till the law be made, it does not exist; and does not exist, from their own neglect; that, in the mean time, however, they are not unprotected, the ordinary magistrates and courts of law being open and competent to punish all In debating the legality of this order, it unjustifiable disturbances or defamations, was insisted, in support of it, that every and even their own sergeant, who may apman, by the law of nature, and every body point deputies ad libitum to aid him, 3 of men, possesses the right of self-defense; Grey, 59, 147, 255, is equal to small disthat all public functionaries are essentially turbances; that in requiring a previous invested with the powers of self-preserva- law, the Constitution had regard to the tion; that they have an inherent right to inviolability of the citizen, as well as of do all acts necessary to keep themselves in the member; as, should one House, in the a condition to discharge the trusts confided form of a bill, aim at too broad privileges, to them; that whenever authorities are it may be checked by the other, and both given, the means of carrying them into by the President; and also as, the law execution are given by necessary implica- being promulgated, the citizen will know tion; that thus we see the British Parlia- how to avoid offense. But if one branch ment exercise the right of punishing con- may assume its own privileges without tempts; all the State Legislatures exercise control, if it may do it on the spur of the the same power, and every court does the occasion, conceal the law in its own breast, same; that, if we have it not, we sit at the and, after the fact committed, make its mercy of every intruder who may enter sentence both the law and the judgment our doors or gallery, and, by noise and on that fact; if the offense is to be kept tumult, render proceeding in business im- undefined, and to be declared only ex re practicable; that if our tranquillity is to nata, and according to the passions of the be perpetually disturbed by newspaper de- moment, and there be no limitation either famation, it will not be possible to exer- in the manner or measure of the punishcise our functions with the requisite cool- ment, the condition of the citizen will be ness and deliberation; and that we must perilous indeed. Which of these doctherefore have a power to punish these trines is to prevail, time will decide. disturbers of our peace and proceedings. Where there is no fixed law, the judgment To this it was answered, that the Parlia- on any particular case is the law of that ment and courts of England have cogni- single case only, and dies with it. When zance of contempts by the express provi- a new and even a similar case arises, the sions of their law; that the State Legisla- judgment which is to make and at the tures have equal authority, because their powers are plenary; they represent their constituents completely, and possess all their powers, except such as their constitutions have expressly denied them; that the courts of the several States have the same powers by the laws of their States, and those of the Federal Government by the same State laws adopted in each State, by a law of Congress; that none of these bodies, therefore, derive those powers from natural or necessary right, but from express law; that Congress have no such natural or necessary power, Privilege from arrest takes place by nor any powers but such as are given them force of the election; and before a return by the Constitution; that that has given be made a member elected may be named them, directly, exemption from personal of a committee, and is to every extent a arrest, exemption from question elsewhere member except that he cannot vote until for what is said in their House, and power he is sworn. Memor., 107, 108. D'Ewes, over their own members and proceedings; 643, col. 2; 643, col. 1. Pet. Miscel. Parl., for these no further law is necessary, the 119. Lex. Parl., c. 23. 2 Hats., 22, 62. Constitution being the law; that, more- Every man must, at his peril, take noover, by that article of the Constitution tice who are members of either House

same time apply the law, is open to question and consideration, as are all new laws. Perhaps Congress, in the mean time, in their care for the safety of the citizen, as well as that for their own protection, may declare by law what is necessary and proper to enable them to carry into execution the powers vested in them, and thereby hang up a rule for the inspection of all, which may direct the conduct of the citizen, and at the same time test the judgments they shall themselves pronounce in their own case.]