Legal Opinion

Lewis v. Elmendorf

New York Supreme Court

Decided January 15, 1801PublishedCited by 1 opinion

Tan Techten, in behalf of the defendant, moved for his discharge from the arrest in this cause. The defendant is a member of congress, and was arrested, while travelling, about ten days after he had left home.

1Per curiam

The privilege claimed by the defendant, is founded on the constitution of the United States. There is no statute on the subject. The act of congress, granting a compensation to members during their going or returning, allowing twenty miles travel to a day, does not apply to the question of privilege. This privilege is to be taken strictly, and is to be allowed only while the party is attending congress, or is actually on his journey, going or returning from the seat of government. The case of Colvin v. Morgan, (1 Johns. Gas. 415, and notes,) is in point. The motion is denied.

Motion…

2Cases cited6 opinions

  1. Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
  2. Hurst's CaseSupreme Court of the United States · 1804
  3. United States v. CooperSupreme Court of the United States · 1800
  4. Ex parte M'NeilMassachusetts Supreme Judicial Court · 1810
  5. King v. CoitSupreme Court of Connecticut · 1810

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Tilghman v. TilghmanU.S. Circuit Court for the District of Pennsylvania · 1832

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