kilbourn thompson argued decided october error district columbia action false imprisonment brought hallet kilbourn john thompson michael kerr john glover jeptha new burwell lewis herr smith declaration charges defendants force arms took plaintiff house without reasonable probable cause confined common jail district columbia period five days defendant kerr died process served upon thompson pleaded first general issue secondly special plea wherein set forth plaintiff maintain action long said time force injuries complained alleged inflicted time said declaration mentioned congress holden city washington duly authorized required time aforesaid assembled sitting long time said force injuries alleged occurred time mentioned said thompson yet house representatives virtue office tenor effect standing rules orders ordained established said house determining rules proceedings force effect laws customs said house said congress duly authorized required amongst things execute command said house time time together process issued authority thereof shall directed speaker long time aforementioned one michael kerr speaker said house virtue office tenor force effect said standing rules orders laws customs among things duly authorized required subscribe proper hand seal seal said house writs warrants subpoenas issued order long said time one george adams clerk said house authorized required attest subscribe proper hand writs warrants subpoenas issued order said house among things ordained established practised standing rules orders laws customs writs warrants subpoenas process issued order said house shall hand speaker seal said house attested said clerk said hand seal attested shall executed pursuant tenor effect said kerr speaker said adams clerk defendant said congress session house representatives day january adopted following preamble resolution government creditor firm jay cooke bankruptcy order decree district eastern district pennsylvania resulting improvident deposits made secretary navy london branch said house jay cooke public moneys whereas matter known pool partially inquired late joint select committee inquire affairs district columbia jay cooke large valuable interest whereas edwin lewis trustee estate effects said firm jay cooke recently made settlement interest estate jay cooke associates said firm jay cooke disadvantage loss alleged numerous creditors said estate including government whereas courts powerless reason said settlement afford adequate redress said creditors special committee five members house selected speaker appointed inquire matter history said pool character said settlement amount property involved jay cooke interested amount paid paid said settlement power send persons papers report house pursuance authority said resolution said speaker appointed john glover jeptha new burwell lewis herr smith henry pratt members house representatives constitute said committee said committee appointed duly organized city washington proceeded make inquiry directed said committee authority vested said resolution caused issued speaker hand seal house representatives duly attested clerk subpoena said kilbourn commanding appear said committee testify examined touching regard matter inquired said committee said kilbourn commanded ordered said subpoena bring certain designated described records papers maps relating said inquiry subsequently issue subpoena time force injuries complained alleged inflicted kilbourn obedience subpoena appeared committee examined relation prosecution said inquiry examination said kilbourn asked following question state five members reside please state names question pertinent material question inquiry committee knowingly wilfully refused answer although ordered commanded subpoena bring produce said committee certain records papers maps relating said inquiry still asked said committee kilbourn prepared produce obedience subpoena duces tecum records required committee produce knowingly wilfully refused produce subsequently refusals time force injuries complained alleged inflicted wit fourteenth day march committee reported house sitting facts stated wit resolution creating committee appointment members said committee speaker issuing subpoena duces tecum said kilbourn appearance committee refusal answer questions refusal produce said records papers maps committee reported said house follows committee opinion report necessary efficient prosecution inquiry ordered house said hallet kilbourn required respond subpoena duces tecum answer questions refused answer sufficient reason witness obey said subpoena duces tecum answer questions refused answer refusal aforesaid contempt house journal record proceedings report said house remaining reference thereto fully appear march said house good sufficient cause appearing resolved ordered speaker forth issue warrant directed atarms commanding take custody body said kilbourn wherever found forthwith said house bar thereof answer punished guilty contempt dignity authority mean time keep said kilbourn custody await order said house whereupon speaker fourteenth day march duly make issue certain warrant hand seal house representatives duly attested directed defendant reciting house representatives day ordered speaker issue warrant directed commanding take custody body said kilbourn wherever found forthwith said house bar thereof answer punished contempt mean time kept said defendant custody await order house therefore required said warrant defendant aforesaid take custody body said kilbourn forthwith bring said house bar thereof answer charges aforesaid dealt said house according constitution laws mean time keep said kilbourn custody await order said house said kerr speaker aforesaid delivered said warrant defendant executed due form law virtue execution said warrant defendant sergeant order arrest said kilbourn convey custody bar house answer charge aforesaid dealt said house according constitution laws obedience resolution order aforesaid tenor effect said warrant went said kilbourn gently laid hands arrest arrest body take custody forthwith convey bar said house lawful defendant cause aforesaid thereupon proceedings said house said kilbourn forthwith duly heard defence duly examined said house speaker asked said examination following question wit killbourn prepared answer upon demand proper committee house five members reside meaning members pool question pertinent material question inquiry said kilbourn knowingly wilfully refuse answer question asked said house speaker time place asked said kilbourn question wit meaning said kilbourn prepared produce obedience subpoena duces tecum records required committee produce said records pertinent material question inquiry knowingly wilfully declined refused produce thereupon resolved said house follows hallet kilbourn heard house pursuant order heretofore made requiring show cause answer questions propounded mittee respond subpoena duces tecum obeying failed show sufficient cause answer said questions obey said subpoena duces tecum therefore considered contempt said house said failure purging contempt hallet kilbourn custody said kilbourn shall required state house whether willing appear committee house hitherto declined obey certain subpoena duces tecum answer certain questions obey said subpoena duces tecum answer said questions answers ready appear said committee obey said subpoena duces tecum answer said questions said witness shall privilege appear obey answer forthwith soon said committee convened mean time witness remain custody event said witness shall answer ready appear said committee obey said subpoena duces tecum make answer said questions aforesaid said witness recommitted said custody continuance said contempt custody shall continue said witness shall communicate house said committee ready appear said committee make answer obey said subpoena duces tecum executing order shall cause said kilbourn kept custody common jail district columbia journal record proceedings said resolutions orders said house remaining reference thereto fully appear whereupon said kerr speaker pursuance standing rules orders aforesaid according laws customs aforesaid execution order contained said resolutions afterwards wit fourteenth day march duly make issue certain warrant directed defendant following words wit congress first session congress house representatives representatives john thompson house representatives following resolution day adopted house representatives resolved purging contempt hallet kilbourn custody said kilbourn shall required state house whether willing appear committee house hitherto declined obey certain subpoena duces tecum answer certain questions obey said subpoena duces tecum make answer said questions answers ready appear said committee obey said subpoena duces tecum answer said questions said witness shall privilege appear obey answer forthwith soon committee convened mean time witness shall remain custody event said witness shall answer ready appear said committee obey said subpoena duces tecum make answer said questions aforesaid said witness recommitted said custody continuance contempt custody shall continue said witness shall communicate house said committee ready appear said committee make answer obey said subpoena duces tecum executing order shall cause said kilbourn kept custody common jail district columbia therefore hereby commanded execute accordingly witness whereof hereunto set hand caused seal house representatives affixed day year written seal kerr speaker adams clerk virtue execution said warrant according tenor effect defendant order arrest said kilbourn convey custody common jail district columbia obedience resolutions orders aforesaid went gently laid hands arrest arrest body take custody forthwith convey common jail district columbia keep custody therein eighteenth day april day response writ habeas corpus issued order chief justice district columbia directed defendant requiring produce body kilbourn said chief justice city washington district columbia direction order said house representatives defendant conveyed said kilbourn custody common jail said district said house delivered custody marshal district columbia said kilbourn custody since said delivery said marshal several supposed trespasses complained defendants pleaded jointly general issue plea justification similar defendant thompson except alleged members house representatives committee house capacity warranted circumstances also added following defendants state manner assist arrest imprisonment said kilbourn way concerned order direct save except votes favor last mentioned resolutions order commanding speaker issue warrant said arrest imprisonment save except participation members introduction assent said official acts proceedings said house defendants performed members said house atives due discharge duties members said house otherwise several supposed trespasses whereof said kilbourn hath said declaration complained defendants different defendants aver said kilbourn plaintiff said kilbourn said resolutions orders warrants respectively mentioned one person said several times plea mentioned time therin mentioned said congress assembled sitting wit washington aforesaid county aforesaid defendants members house representatives one houses said congress members said participation action house avove set forth voted favor said resolutions orders set forth saving excepting said participation action house set forth body plea concern connection manner way said supposed trespasses complained plaintiff defendants ready verify plaintiff demurred special pleas defendants demurrer overruled judgment rendered defendants plaintiff sued writ error power punish citizen contempt express terms implication conferred constitution upon either house congress assumption direct contravention fourth fifth amendments ex parte lange wall ex parte milligan id cruikshank loan association topeka wall potter dwarris wilkinson leland pet calder bull dall derives support lex parliamenti england entirely distinct separate jurisdiction westminster hall king flower brass crosby case wils regina paty ld raym burdett abbott east pennock dialogue pet kirkpatrick gibson brock floyde case tr murray case wils bell case lords jour england power punish contempt held inherent legislative assemblies necessary proper discharge duties kielley carson moo fenton hampton id doyle falconer law stockdale hansard ad first cases reasoning dunn anderson wheat assertions justice story commentaries constitution referred disapprobation conceding even house representatives may lawfully investigate private affairs citizen proceeding plaintiff deprived liberty illegal warrant speaker void congress act stat modified sects revised statutes prescribed means punishing person authority either house congress summoned witness give testimony produce papers upon matter inquiry one committees wilfully makes default appeared refuses answer question pertinent question inquiry duty presiding officer house certify fact refusal attorney district columbia whose duty shall bring matter grand jury prescribed punishment inflicted haney state scringrour state chand true matters contempt bickley commonwealth marsh ex parte edwards dunham state iowa people liscomb double penalties inflicted driskill parrish mclean city brooklyn toynbee barb sipperly railroad company pr washburn mcinroy johns tiffany driggs id punishment law denounced loss two rights citizenship follow third right withheld delinquent indeed reverse result reasonable deduction clear common principles penalty crime inflicted except expressly prescribed fact several penal consequences annexed statute commission breach law warrant aggravation judicial hand punishment prescribed state pritchard law reg ex parte lange wall rex wright burr state bishop respublica de longchamps dall emery case mass state egglesht iowa house representatives power arrest commit persons guilty contempt authority anderson dunn wheat wickelhausen willett abb pr yates lansing johns hiss bartlett gray mass johnston commonwealth bibb kent com story sects rawle const sergent const law doctrine held english courts applicable house commons burdett abbott east beaumont barrett moo howard gossett ad decision house fact contempt conclusive collaterally impeached anderson dunn supra howard gossett supra burdett abbott supra ex parte kearney wheat stockdale hansard ad case sheriff middlesex id exception thompson defendants took part proceedings plaintiff making report house voting members support resolutions protected place thompson acted warrant speaker officer house charged duty executing commands law affords complete protection erskine hornbach wall savacool boughton wend eart camp id chegaray jenkins sprague birchard authorities cited plaintiff error sustain position revised statutes made provision punishment recusant witness otherwise punished uniform current authority way rex ossulston stra king pierson andr state yancy law repos state woodfin ired state williams spears ex parte braunsall cowp vertner martin miss foster commonwealth watts king wright exch regina martin cox people stevens wend levy state ind ambrose state id phillips people moore people bishop cr law sect charles eldredge enoch totten noah jeffries plaintiff error walter smith frank hurd contra justice miller stating case delivered opinion argument us assumed wide range includes discussion almost every suggestion well conceived subject two extremes controversy proposition part plaintiff house representatives power whatever punish contempt authority part defendants power undoubtedly exists body formally exercised must presumed rightfully exercised latter proposition assumes form expression sometimes used reference courts justice general jurisdiction power punish contempts judgment house person guilty contempt conclusive everywhere conceding sake argument cases one two bodies constitute congress may punish contempt authority disregard orders scarcely contended ardent advocate power respect unlimited powers congress acting concurrence branches dependent solely constitution conferred instrument either expressly fair implication granted respectively people course neither branch congress acting separately lawfully exercise power conferred constitution whole body except instances authority conferred either house separately case impeachments general power inflicting punishment congress found instrument contains provision shall deprived life liberty property without due process law strongest implication punishment order legislative body repeatedly decided others highest authority means trial rights party shall decided tribunal appointed law tribunal governed rules law previously established act congress proposed adjudge man guilty crime inflict punishment conceded thinking men unauthorized anything constitution instrument however wholly silent authority separate branches congress inflict punishment authorizes house punish members second clause fifth section first article house may determine rules proceedings punish members disorderly behavior concurrence expel member clause immediately preceding authorized compel attendance absent members manner penalties house may provide provisions equally instructive authorize authorize express power instrument conferred either house congress punish contempts advocates power therefore resorted implication existence founded two principal arguments exercise house commons england country said derived system parliamentary law necessity power enable two houses congress perform duties exercise powers constitution conferred power punish contempt exercised house commons numerous instances well known general student history authenticated rolls parliament question upheld courts westminster hall among notable latter cases judgments king bench brass crosby case wils decided year burdett abbott east opinion delivered lord ellenborough case sheriff middlesex ad opinion lord denman chief justice important however understand principle power house commons rests may see whether applicable two houses congress whether limitations exercise adjudged cases english courts little agreement opinion extent power liability exercise inquired courts difference opinion origin goes back period bishops lords knights burgesses met one body assembled called high parliament called assembled parliament exercised highest functions judicature representing respect judicial authority king parliament body enacted laws also rendered judgments matters private right approved king recognized valid upon separation lords commons two separate bodies holding sessions different chambers hence called house lords house commons judicial function reviewing appeal decisions courts westminster hall passed house lords exercised without dispute ever since commons left power impeachment perhaps others judicial character jointly exercised recent period power passing bills attainder treason high crimes nature punishment crime declared judicially high parliament kingdom england upon idea two houses parliament courts judicature originally though divested usage statute probably many judicial functions yet retained much power enables like punish contempt privileges authority power rests case burdett abbott already referred sustaining power commons justice bailey said support judgment king bench early authority upon subject lord coke inst expressly laid house commons legislative character authority also judicature instances put power committing prison contempts exercised house commons cases libel house judicature must degree admitted plaintiff counsel power supporting dignity essential without power commitment contempts support dignity opinion lord ellenborough case stating separation two houses parliament seems taken place early henry time battle evesham says separation probably effected formal act purpose king parliament adds privileges since enjoyed functions since uniformly exercised branch legislature knowledge acquiescence house king must presumed privileges functions period original separation statutably assigned asks high parliament either two houses consists deemed possess intrinsically authority punishing summarily contempts acknowledged belong daily exercised belonging every superior law less dignity undoubtedly power distinctly placed ground judicial character parliament compared respect courts superior jurisdiction said dignity higher earlier case crosby lord mayor london de gray chief justice speaking house commons committed lord mayor tower london arrested judicial process one messengers says assembly must certainly authority legal necessary lord coke says judicial power member judicial seat house speaks matters judicature house commons justice blackstone concurring judgment said house commons judges privileges contempts especially respect members justice gould also laid stress upon fact commons may properly called judges cites coke inst show alien elected parliament person hold place judicature celebrated case stockdale hansard ad decided doctrine omnipotence house commons assertion privileges received first serious check law house commons ordered printing publishing report one committees done hansard official printer body report contained matter stockdale sued hansard libel hansard pleaded privilege house whose orders acted question demurrer assuming matter published libellous character order house protect publication sir john campbell exhaustive argument defence prerogative house bases upon two principal propositions namely house commons judicature possessing right punish contempt courts powers privileges rest upon lex parliamenti laws customs parliament says cites authorities show unknown judges lawyers courts rest exclusively knowledge memory members two houses argues therefore judgments orders matters pertaining privileges conclusive disputed reviewed ordinary courts judicature lord denman masterly opinion concurred judges king bench ridicules idea existence body laws customs parliament unknown unknowable anybody else members two houses holds incontrovertible logic rights citizen stake justice must privileges set prejudice examine nature character laws decide upon extent effect upon rights parties admitting case sheriff middlesex ad person committed house commons contempt regard matter house jurisdiction relieve party punishment may lawfully inflict holds question jurisdiction house always open inquiry courts case question properly presented perhaps satisfactory discussion subject applicable proposition two houses congress invested power punishing contempt peculiar privileges power enforcing belonged ancient usage houses english parliament found recent decisions privy council body constitution vested authority hear decide appeals courts provinces colonies kingdom leading case kielley carson others moo decided present hearing lord chancellor lyndhurst lord brougham lord denman lord abinger lord cottenham lord campbell shadwell chief justice common pleas justice erskine lushington baron parke delivered opinion seems received concurrence eminent judges named measuring weight authority reputation judges sat case agreed opinion difficult find one entitled score received conclusive points decided case appeal judicature newfoundland john kent one members house assembly island reported body kielley appellant guilty contempt privileges house using towards reproaches gross threatening language observations made kent house adding privilege shall protect kielley brought house added offence boisterous violent language finally committed jail order house warrant speaker appellant sued carson speaker kent members walsh messenger pleaded facts stated relied authority house sufficient protection judgment newfoundland defendants holding plea good judgment supported argument privy council ground legislative assembly newfoundland parliamentary rights privileges belonged usage parliament england necessary incident every body exercising legislative functions punish contempt authority case twice argued privy council previous judgment case beaumont barrett moo much urged propositions asserted opinion baron parke referring case authority proposition power punish contempt incident every legislative body opinion baron parke later case uses language decision justice authority favor right except case beaumont barrett decided judicial committee members present lord brougham justice bosanquet justice erskine lordships consider case one bound deciding present question opinion lordships delivered immediately argument closed though clearly expressed power incidental every legislative assembly ground judgment rested therefore degree besides stated founded entirely dictum lord ellenborough burdett abbott dictum think taken authority abstract proposition every legislative body power committing contempt observation made lordship reference peculiar powers parliament think extended therefore think opinion expressed case beaumont barrett affect decision present case authority subject decide according principle common law house assembly power contended local legislature every power reasonably necessary exercise functions duties erroneously supposed possess exclusive privileges ancient law england annexed house parliament another part opinion subject thus disposed said however power belongs house commons england contended affords authority holding belongs legal incident common law assembly analogous functions reason house commons power representative body legislative functions virtue ancient usage prescription lex et consuetudo parliamenti forms part common law land according high parliament division houses lords commons since invested many privileges punishment contempt one opinion also discusses length necessity power legislative body protection enable discharge functions decides proposition case us require us go far cited show powers privileges house commons england subject punishment contempts rest principles application legislative bodies certainly none house representatives body sense exercises functions derived part highest realm whose functions far partake degree character limited punishing members determining election case however considering followed body fenton hampton moo doyle falconer law appeals provinces kingdom doctrine case kielley carson others fully reaffirmed opinion right house representatives punish citizen contempt authority breach privileges derive support precedents practices two houses english parliament adjudged cases english courts upheld practices taking fallen english judges especially later cases commented much aid given doctrine power exists one necessary enable either house congress exercise successfully function legislation latter proposition one propose decide present case able decide without passing upon existence power aid legislative function already said constitution expressly empowers house punish members disorderly behavior see reason doubt punishment may proper case imprisonment may refusal obey rule subject made house preservation order also penalty house authorized inflict order compel attendance absent members may imprisonment may violation order standing rule subject house constitution made judge election qualification members deciding undoubted right examine witnesses inspect papers subject usual rights witnesses cases may witness subject like punishment hands body engaged trying contested election refusing testify case pending judicature house representatives sole right impeach officers government senate try question impeachment either body acting appropriate sphere subject see reason doubt right compel attendance witnesses answer proper questions manner use means courts justice like cases whether power punishment either house fine imprisonment goes beyond sure person punished contumacy witness either house unless testimony required matter house jurisdiction inquire feel equally sure neither bodies possesses general power making inquiry private affairs citizen believed one chief merits american system written constitutional law powers intrusted government whether state national divided three grand departments executive legislative judicial functions appropriate branches government shall vested separate body public servants perfection system requires lines separate divide departments shall broadly clearly defined also essential successful working system persons intrusted power one branches shall permitted encroach upon powers confided others shall law creation limited exercise powers appropriate department general propositions constitution important exceptions one president far made part legislative power assent required enactment statutes resolutions congress however limited extent bill may become law notwithstanding refusal president approve vote house congress also senate made partaker functions appointing officers making treaties supposed properly executive requiring consent appointment officers ratification treaties senate also exercises judicial power trying impeachments house preferring articles impeachment main however instrument model constructed fundamental laws blocked singular precision bold lines three primary articles allotment power executive legislative judicial departments government also remains true general rule powers confided constitution one departments exercised another may said truisms need repetition give force experience almost century general shown wise commend able forbearance branches encroachments upon others denied attempts made believed always without success increase number population wealth amount power nature exercised federal government presents powerful growing temptations exercise intrusted overstep boundaries department enter upon domain one others assume powers intrusted either house representatives exclusive right originate bills raising revenue whether taxation otherwise senate right declare war fix compensation officers servants government vote supplies must pay compensation also numerous body engaged exercise primary powers government reasons least liable encroachments upon appropriate domain reason also popular origin frequency short term office members requires renewal authority hands people great source power country body domain branches government receive less distrust similar exercise unwarranted power department government necessary therefore exercise power body acting separately independently depositaries power watched vigilance called question tribunal right pass upon receive careful scrutiny looking preamble resolution committee acted kilbourn refused testify opinion house representatives exceeded limit authority assumed power properly exercised another branch government nature clearly judicial constitution declares judicial power shall vested one inferior courts congress may time time ordain establish said division powers government among three departments sound equivalent declaration judicial power vested congress either branch save cases specifically enumerated referred investigation committee directed make judicial character properly successfully made justice related matter wherein relief redress judicial proceeding said deem necessary discuss proposition power attempted exercised one confided constitution judicial legislative department government think equally clear power asserted judicial legislative preamble resolution recites government creditor jay cooke bankruptcy district eastern district pennsylvania creditor citizen one else process served usual legal mode enforcing payment debt resort justice purpose among others congress created courts officers appointed prosecute pleas government courts district eastern district pennsylvania one according recital preamble taken jurisdiction jay cooke indebtedness whole subject action time proceeding congress initiated indebtedness resulted preamble improvidence secretary navy change nature suit vary remedies debt recovered indeed purpose avowed impeach secretary whole aspect case changed purpose disclosed none inferred preamble characterization conduct secretary term absence words implying suspicion criminality repel idea purpose secretary impeached crimes misdemeanors preamble refers pool said jay cooke large interest something well known understood subject partial investigation previous congress alleges trustee bankruptcy jay cooke made settlement interest jay cooke associates firm jay cooke disadvantage loss numerous creditors including government reason courts powerless afford adequate redress said creditors several pertinent inquiries suggest arising short preamble house representatives know fairly tried courts powerless redress creditors jay cooke matter still pending right congress interfere suit pending competent jurisdiction inadequacy power existed preamble assumes courts give redress lawfully supplied investigation committee one house congress act resolution congress subject case one judicial nature power courts usually afford remedy may well supposed powers appropriate efficient aid relief powers belong body whose function exclusively legislative settlement preamble refers principal reason courts rendered powerless obtained fraud without authority conceivable reason set aside avoided done appropriate proceeding whole matter power case proper intrusted body congress power conferred committee one two houses resolution adopted sequence preamble contains hint intention final action congress subject argument case suggestion made house representatives congress done way remedying wrong securing creditors jay cooke even simply fruitless investigation personal affairs individuals house representatives power authority matter equal number gentlemen interested government country mean result valid legislation subject inquiry referred committee charged inquire nature history pool indefinite pool charged crime offence courts alone punish members charged fraud government courts alone afford remedy corporation whose powers congress repeal suggestion kind word sense used modern date may well understood case mean certain individuals engaged dealing real estate commodity traffic gravamen whole proceeding debtor may found interest pool rights pool members rights debtor creditor debtor determined report committee act congress connot authority house enter upon investigation private affairs individuals hold office government exchequer england originally organized solely entertain suits king debtors crown courts westminster hall become overcrowded business became desirable open exchequer general administration justice party allowed bring commonlaw action allegation plaintiff debtor king recovery action enable respond king debt refused allow allegation controverted fiction came limited one general jurisdiction enlargement jurisdiction tolerated england hoped country written constitutions laws looks like upon allegation creditor man interest man business affairs latter subjected unlimited scrutiny investigation congressional committee opinion reasons resolution house representatives authorizing investigation excess power conferred body constitution committee therefore lawful authority require kilbourn testify witness beyond voluntarily chose tell orders resolutions house warrant speaker kilbourn imprisoned like manner void want jurisdiction body imprisonment without lawful authority point inquiry met anderson dunn wheat many respects analogous case consideration anderson sued dunn false imprisonment dunn justified warrant house representatives directed body warrant recited anderson found house breach privileges house high contempt dignity authority warrant directed bring house order reprimanded speaker neither warrant plea described gave clew nature act held house contempt clearly ascertained report case though slight inference may derived something one arguments counsel attempt bribe member however may defence rested broad ground house found plaintiff guilty contempt speaker order house issued warrant arrest alone sufficient authority defendant take custody held plea good may said since order house warrant speaker plea disclose ground plaintiff held guilty contempt state finding house general terms judgment guilty placed decision ground judgment conclusive action officer executed warrant precedent case plea establishes shown case recital facts house exceeded authority fact substantial difference reasoning goes beyond though grounds decision clearly stated take cases power house congress punish contempt power analogous exercised courts justice doctrine appears prisoner held order general jurisdiction contempt authority discharge prisoner make inquiry cause commitment general rule though somewhat modified since case decided regards relations one another must conceded concede houses congress possess general power punishing contempt cases limited already attempted show proceeding matter beyond legitimate cognizance opinion shown give assent principle mere act asserting person guilty contempt thereby establish right fine imprison beyond power tribunal whatever inquire grounds order made necessarily grows nature authority exist limited class cases special circumstances otherwise limitation unavailing power omnipotent tendency modern decisions everywhere doctrine jurisdiction tribunal render judgment affecting individual rights always open inquiry judgment relied proceeding see williams berry thompson whitman wall knowles light coke id pennoyer neff case anderson dunn decided case stockdale hansard recent cases privy council referred decided case first impression undoubtedly pressure strong rulings english courts favor privileges two houses parliament doctrine however english courts case stockdale hansard ad justice coleridge says house law sense term alone properly applied neither originally appeal decide matter litigation two parties means claims power powers inquiry accusation decides nothing judicially except party case contempts considered merely resolutions acts yet learn restrained dignity power body however exalted fearlessly though respectfully examining reasonableness justice rights third persons litigation us depend upon validity says suppose way illustration extreme case house commons resolves one wearing dress particular manufacture guilty breach privilege orders arrest persons constable parish arrest made action brought order house pleaded justification case one supposed plaintiff counsel insist distinction power privilege lawyer seriously doubt exists argument confounds forbids us enquire particular case whether ranges one find principle sanctions case kielley carson others moo quoted largely held order assembly finding plaintiff guilty contempt defence action imprisonment observed case anderson dunn cited argument found better expression true principle subject following language justice hoar massachusetts case burnham morrissey gray case plaintiff imprisoned order house representatives massachusetts legislature refusing answer certain questions witness produce certain books papers opinion statement rather concurred including venerable chief justice shaw house representatives final judge power privileges cases rights liberties subject concerned legality action may examined determined house legislature part therefore subject action laws common bodies officers tribunals within commonwealth especially competent proper consider whether proceedings conformity constitution laws living written constitution branch department government province duty judicial department determine cases regularly brought whether powers branch government even legislature enactment laws exercised conformity constitution treat acts null void house representatives power constitution imprison contempt power limited cases expressly provided constitution cases power necessarily implied constitutional functions duties proper performance essential statement law principles laid fully concur must therefore hold notwithstanding said case anderson dunn resolution house representatives finding kilbourn guilty contempt warrant speaker commitment prison conclusive case fact justification whole plea shows house without authority matter remains consider matter special defendants set plea claims protection due character members house representatives support defence allege manner assist arrest kilbourn imprisonment order direct except votes participation members introduction assent official acts proceedings house performed members house due discharge duties otherwise defendants make actual assault plaintiff personally assist arresting confining held liable charge made persons ordered directed matter become responsible acts directed general doctrine person procures arrest another judicial process instituting conducting proceedings liable action false imprisonment acts without probable cause controverted denied assumes authority order imprisonment another responsible acts person order given arrest without justification plea defendants shows initiated proceedings plaintiff arrested reported house refusal answer questions put produce books papers demanded expressed opinion report plaintiff guilty contempt authority house acting fair inference plea active parties setting foot proceeding adjudged guilty contempt procuring passage resolution done ordinary tribunal without probable cause liable action thus promoted house representatives ordinary tribunal defendants set protection constitution business part congress constitution declares senators representatives cases except treason felony breach peace privileged arrest attendance session respective houses going returning speech debate either house shall questioned place defendants matter hand covered provision resolution offered member speech debate within meaning clause protection extend report made house kilbourn delinquency expression opinion contempt authority house vote favor resolution imprisoned questions answered affirmative brought question action justice place yet report resolution vote speech debate value constitutional protection may perhaps find aid ascertaining meaning provision find source fortunately difficulty framers constitution adopt lex et consuetudo english parliament whole incorporate parts privileges parliament though proper applied two houses congress already referred right make rules procedure determine election qualification members preserve order sentence cited another part privileges parliament made privileges congress freedom arrest freedom speech two houses parliament long subjects contest tudor stuart kings house commons however revolution expelled last stuarts introduced new dynasty many questions settled bill rights formally declared parliament assented crown one declarations freedom speech debates proceedings parliament impeached questioned place parliament stockdale hansard lord denman speaking subject says privilege debates unquestioned though denied members began speak minds freely time queen elizabeth punished exercise princess two successors soon clearly perceived indispensable universally acknowledged consequence whatever done within walls either assembly must pass without question place speeches made parliament member prejudice person hazardous public peace member enjoys complete impunity every paper signed speaker order house though last degree calumnious even brought personal suffering upon individuals speaker arraigned justice calumnious inflammatory speeches reported published law attach responsibility publisher speaker authority house order illegal act though authority shall exempt question order shall justify person executed king charles warrant levying justify revenue officer taking sound statement legal effect bill rights parliamentary law england may reasonably inferred framers constitution meant thing use language borrowed source many colonies afterwards became union similar provisions charters bills rights part fundamental laws general idea however expressed must must minds members constitutional convention constitution state massachusetts adopted war revolution article bill rights embodies principle following language freedom deliberation speech debate either house legislature essential rights people foundation accusation prosecution action complaint place whatsoever article received construction early state case coffin coffin mass chief justice parsons delivered opinion case action slander offensive language used conversation house representatives massachusetts legislature words delivered course regular address speech though floor house session used conversation three members neither addressing chair relation however matter moments discussion speaking article bill rights protection invoked plea chief justice said privileges thus secured intention protecting members prosecutions benefit support rights people enabling representatives execute functions office without fear prosecutions civil criminal therefore think article construed strictly liberally full design may answered confine delivering opinion uttering speech haranguing debate extend giving vote making written report every act resulting nature execution office define article securing every member exemption prosecution everything said done representative exercise functions office without inquiring whether exercise regular according rules house irregular rules confine member place house satisfied cases entitled privilege within walls representatives chamber report judges namely sedgwick sewall thatcher parker concurred opinion perhaps authoritative case country construction provision regard freedom debate legislative bodies early formation constitution much weight unable find decision federal clause section article though previous clause concerning exemption arrest often construed justice story sect commentaries constitution stitution says next great vital privilege freedom speech debate without privileges comparatively unimportant ineffectual privilege also derived practice british parliament full exercise colonial legislation belongs legislation every state union matter constitutional right seems us views expressed authorities cited sound applicable case narrow view constitutional provision limit words spoken debate reason rule forcible application written reports presented body committees resolutions offered though writing must reproduced speech act voting whether done vocally passing tellers short things generally done session house one members relation business necessary decide may things done one house extraordinary character members take part act may held legally responsible suppose members bodies far forget high functions noble instrument act imitate long parliament execution chief magistrate nation follow example french assembly assuming function capital punishment prepared say utter perversion powers criminal purpose screened punishment constitutional provision freedom debate matters pressed attention prefer decide necessary case hand think plea set defendants members house good defence judgment overruling demurrer giving judgment defendants affirmed thompson judgment reversed case remanded proceedings ordered