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, committing him to the tower, expel. ling 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 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 other branches of the government, and even of every private man, under pretences of treason, &c to take any

man from his service in the house, and se as 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 traitor. 4 Rushw. 586. So when a member stood indicted of elony, 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 service to put a member under arrest, or when, on any public enquiry, matter comes out which may lead to affect 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, 258. 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 soldiers depending 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 during 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 pretented opinion of the king on any bill or proceed. ing depending in either house of parlis

ment, with a view to influence the votes of the members. 2 Hats. 251, 6.

SEC. IV. ELECTIONS.

The times, places, and manner of hold ing elections for senators and representa tives, 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 chusing senators. Const. I. 4.

Each house shall be the judge of the elections, returns, and qualifications of its ́own members. Const. I. 5.

The Senate of the U. S. shall be com→ posed of two senators from each state, chosen by the legislature thereof for sin years, and each senator shall have one

vote.

Immediately after they shall be assem. bled 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 1st class shall be vacated at the end of the 2nd year; of the second class at the expiration of the 4th year; and of the 3d 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 otherwise, during the recess of the legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the legisla ture, 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 bo composed of members chosen every 2d year by the people of the several states; and the electors in each state shall have the quali fications requisite for electors of the most numerous branch of the state legislature.

No person shall be a representative whe shall not have attained to the age of 25