PRIVILEGE, rights. This word, taken its active sense, is a particular law, or a
particular disposition of the law, which grants certain special prerogatives to
some persons, contrary to common right. In its passive sense, it is the same
prerogative granted by the same particular law.
2. Examples of privilege may be found in all systems of law; members of
congress and of the several legislatures, during a certain time, parties and
witnesses while attending court; and coming to and returning from the same;
electors, while going to the election, remaining on the ground, or returning
from the same, are all privileged from arrest, except for treason, felony or
breach of the peace.
3. Privileges from arrest for civil cases are either general and absolute, or
limited and qualified as to time or place.
4. - 1. In the first class may be mentioned ambassadors, and their servants,
when the debt or duty has been contracted by the latter since they entered into
the service of such ambassador; insolvent debtors duly discharged under the
insolvent laws; in some places, as in Pennsylvania, women for any debt by them
contracted; and in general, executors and administrators, when sued in their
representative character, though they have been held to bail. 2 Binn. 440.
5. - 2. In the latter class may be placed, 1st. Members of congress this
privilege is strictly personal, and is not only his own, or that of his
constituent, but also that of the house of which he is a member, which every
man is bound to know, and must take notice of. Jeff. Man. 3; 2 Wils. R. 151;
Com. Dig. Parliament, D. 17. The time during which the privilege extends
includes all the period of the session of congress, and a reasonable time for
going to, and returning from the seat of government. Jeff. Man. 3; Story,
Const. 856 to 862; 1 Kent, Com. 221; 1 Dall. R. 296. The same privilege is
extended to the members of the different state legislatures.
6. - 2d. Electors under the constitution and laws of the United States, or of
any state, are protected from arrest for any civil cause, or for any crime
except treason, felony, or a breach of the peace, eundo, morando, et redeundo,
that is, going to, staying at, or returning from the election.
7. - 3d. Militia men, while engaged in the performance of military duty, under
the laws, and eundo, morando et redeundo.
8. - 4th. All persons who, either necessarily or of right are attending any
court or forum of justice, whether as judge, juror, party interested or
witness, and eundo, morando et redeundo. See 6 Mass. R, 245; 4 Dall. R. 329,
487; 2 John. R. 294; 1 South. R. 366; 11 Mass. R. 11; 3 Cowen, R. 381; 1 Pet.
C. C. R. 41.
9. Ambassadors are wholly exempt from arrest for civil or criminal cases. Vide
Ambassador. See, generally, Bac. Ab. h. t.; 2 Rolle's Ab. 272; 2 Lilly's Reg.
369; Brownl. 15; 13 Mass. R. 288; 1 Binn. R. 77; 1 H. Bl. 686; Bouv. Inst.
Index, h. t.
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