Hiss v. Bartlett
Massachusetts Supreme Judicial Court
Habeas corpus, issued by the chief justice, on the 18th of May 1855, on the petition of Joseph Hiss, representing that he was a member of the house of representatives of this commonwealth, and as such exempt from arrest on mesne process, while going unto, returning from or attending the general court; and that, while attending the general court as such member on the 17th of May, he was arrested and committed to the jail for this county, and there detained by William S.…
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Habeas corpus, issued by the chief justice, on the 18th of May 1855, on the petition of Joseph Hiss, representing that he was a member of the house of representatives of this commonwealth, and as such exempt from arrest on mesne process, while going unto, returning from or attending the general court; and that, while attending the general court as such member on the 17th of May, he was arrested and committed to the jail for this county, and there detained by William S. Bartlett, the keeper thereof, by virtue of a writ of copias and attachment sued out of the court of common pleas, supported…
1Opinion of the CourtShaw, C. J.
This case arises upon the privilege of a representative, to be exempted from arrest on mesne process, going to, returning from or attending the general court. Const, oi Mass. c. 1, § 3, art. 10.
Can this be inquired into by habeas corpus ? I think it can. It is a question of personal privilege, not of the privilege of the house. If it were, it might be more questionable. Wilkes1s case, 19 Howell’s State Trials, 981. Holiday v. Pitt, 2 Stra. 985.
The question is whether the house of representatives have the power to expel a member. The only clause in the constitution which can have a bearing on…
2Cited by8 opinions
- French v. SenateCalifornia Supreme Court · 1905
- Monserrate v. New York State SenateCourt of Appeals for the Second Circuit · 2010
- Tiffany v. CommonwealthSupreme Court of Pennsylvania · 1888
- State v. BanksSupreme Court of Missouri · 1970
- Monserrate v. NEW YORK STATE SENATEDistrict Court, S.D. New York · 2010
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