72


WISCONSIN LEGISLATIVE M, ANUAt.


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; other-
wise it would be in the power of the other branches of government, and even
of every prirate man, under pretense of treason, etc.. to take any man from
his service in the House, and so as many, one after another, as would make
the House what he pleaseth. Dec. of Corn. on the King's declaring Sir John
Hotham a traitor. 4 1ushw., 586. So when a member stood indicted for
felony, 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 inquiry, 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. lb.,
256, 257, 258. But the communication is subsequent to the arrest. 11Btackst.,
167.
  It is highly expedient, says Hatsel, 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 thathave been given, orof 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. 2Htars.,
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 provis-
lonal 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, 347; and in 1783, December 17, it was declared a breach of fundamental
privileges, etc., to report any opinion or pretended opinion of the King
on
any bill or proceeding depending in either House of Parliament, with a view
to influence the votes of the members. 2 llats., 251, 6..

                            SECTION IV.
                              ELECTIONS.
  [The times, places, and manner of holding elections for senators and repre-
sentatives shall be prescribed in each state by the legislature thereof;
but the
Congress may at any time bylaw make or alter such regulations, except as
to
the places of choosing senators. Const. I, 4.]
  [Each House shall be the judge of the elections, returns and qualificatiQns
of its own members. Const. I, 5.]