Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/335

 CH. XII.] of congress, the privilege is strictly personal, and does not extend to their servants or property. It is also, in all cases confined to a reasonable time, eundo, morando, et redeundo, instead of being limited by a precise number of days. It was probably from a survey of the abuses of privilege, which for a long-time defeated in England the purposes of justice, that the constitution has thus marked its boundary with a sedulous caution.

§ 860. The effect of this privilege is, that the arrest of the member is unlawful, and a trespass ab initio, for which he may maintain an action, or proceed against the aggressor by way of indictment. He may also be discharged by motion to a court of justice, or upon a writ of habeas corpus; and the arrest may also be punished, as a contempt of the house.

§ 861. In respect to the time of going and returning, the law is not so strict 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. Nor does it nicely scan his road, nor is his protection forfeited, by a little deviation from that, which is most direct; for it is supposed, that some superior convenience or necessity directed it. The privilege from arrest takes place by force of the election, and before the member has taken his seat, or is sworn.

§ 862. The exception to the privilege is, that it shall not extend to "treason, felony, or breach of the peace."