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to perform. When a representative is withdrawn from his seat by summons, the six thousand people he represents lose their voice in debate and vote. Jefferson's Manual.

"Privilege from arrest takes place by force of the election, and before a return be made, as a member elected may be named of a Committee and is to every intent a member, except that he cannot vote until he is sworn." Lex Parl. c. 23. 2 Hats. 22, 62.

"Every man must at his peril take notice who are members of either House returned of record." Lex Parl. 4 Inst. 24.

If an offence be committed by a member in the House, of which the House has cognizance, it is an infringement upon their right, for any person or court to take notice of it, till the House has punished the offender, or referred him to a due course. Lex Parl. 63.

"No member shall be called to answer with respect to any thing spoken by him in debate, respecting any member otherwise than in the House, and before the next adjournment, except the member, so spoken of, shall be absent."Rule 8th of Assembly.

Sec. 14. Freedom of Debate.

"That all due freedom of speech be supported and maintained in the House, &c., and that the members consider themselves under the obliga

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The Supreme Court of Massachusetts have ruled that a member of the Legislature can plead his privilege in bar to an action in slander for words spoken in the house. That members as representatives of the people, are entitled to freedom of speech in debate, even against the will of the house; and that a member is exempt

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than three times) "to clear a matter of fact." 3 Grey, 357, 416. Or merely to explain himself, 2 Hats. 73, in some material part of his speech, Ib. 75, or to the manner or words of the question, keeping himself to that only, and not travelling into the merits of it, Memorials in Hakew. 29; or to the orders of the House if they be transgressed, keeping within that line, and not falling into the matter itself. Mem. Hakew. 30, 31.

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"But if the Speaker rises to speak, the member standing up ought to sit down, that he may be first heard." Mem. Hakew. 30, 31. "Nevertheless, though the Speaker may, of right, speak to matters of order and be first heard, he is restrained from speaking on any other subject, except where the House have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact." 3 Grey, 38.

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"No one is to speak impertinently or beside the question, superfluously or tediously." Scob. 3133; 2 Hats. 166-168; Hale Parl. 133.




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'No person is to use indecent language against the proceedings of the House, no prior determination of which is to be reflected on by any member, unless he means to conclude with a motion to rescind it." 2 Hats. 169, 170. "But while a proposition under consideration is still in fieri, though it has even been reported by a committee, reflections on it are no reflections on the House." 9 Grey, 508.


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