Page:United States Reports, Volume 1.djvu/310

Rh 

1788.

fyftem of King, Lords and Commons. It is a privilege granted for this end, that the adminiftration of the government may not be interrupted, or damaged, by the embarrafments arifing from the private affairs of thofe who are called into the public fervice ; and, as a neceffary confequence of this principle, it belongs to every national body, conftitutionally affembled for legiflative purpofes. The members of the Houfe of Commons in England would therefore have been entitled to it, even if no King, or Houfe of Lords, had been known to their conftitution, the Congrefs of the United States muft have enjoyed it, though the Articles of Confederation had been filent upon the fubject ; and the fovereigns of a free People, conversed in a fingle Houfe, are furely not lets entitled to that diftinction, than if they had only formed a third branch of the government. That the privilege is applicable to the Legiflature of Pennfylvania, muft then be acknowledged, though it certainly is not conferred by any pofitive law : Nor can it be denied to a Convention acting under the immediate fanction and authority of the people, upon a queftion of the higheft importance to the general interefts of the community. Their power, though directed to a particular object, was derived from the fame fource, which fupplies the permanent Legiflature of the State ; and their bufinefs equaly required a protection from vexations, interruptions, and intrufions. In fhort, there is a fanctly in the character of the Reprefentatives of an independent people, which is the true foundation of privilege ; and it is recognized, not only for the municipal purpofes, but, by the law of nations, for the protection of Monarchs, their Ambaffadors, and other public Minifter ; in which refpect no pofitive ftatute will be found to mention it, ‘till the reign of Queen Anne.

With refpect to the dictinction that is attempted, that the privilege is only from arrefts, and not from being impleaded, it can neither be fupported by law, nor the reafon of the cafe. The fervice of a Bill oƒ Middleʃex, which is no reftraint upon the State Convention. 2 Stra. 1094. In the cafe of Col. Pitt the whole proceedings, upon mature confideration, were done away ; 2 Stra. 990. and 2 ''Ld. Raym.'' 1113. fhews, that, though an original might be fued out, and continued down, in order to avoid the ftatute of limitations, yet the fanctity of the perfon could not, in the finaleft degree, be violated. Even the cafe which has been relied on from ''Atk. Tracts, declares that he fhall neither be arrefted, nor impleaded.'' It would, indeed, be nugatory, if an exemption from the trouble of entering fpecial bail, was all the advantage privilege conferred ; as the public fervice would ftill be left expofed to the interruptions of an anxious attendance upon a litigious fuit, and all its conconmitant circumftances, of inftructing lawyers and collecting witneffes.

Bradƒord, on the ʃame ʃide, arranged his argument under two propofitions ; 1ʃt, That fuch a thing as privilege exifted in Rh Sec 7 Ann.c. 12 and the hiftory of that ftatute in a Akt. Com. 255.