bers 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.[1]
§ 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;[2] and the arrest may also be punished, as a contempt of the house.[3]
§ 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.[4] The privilege from arrest takes place by force of the election, and before the member has taken his seat, or is sworn.[5]
§ 862. The exception to the privilege is, that it shall not extend to "treason, felony, or breach of the peace."
