I N the decade after the Revolutionary War, American legislators found themselves in a position to define their own privileges and prerogatives. Schooled in the adversarial politics of the late colonial era that pitted the lower houses against the executive, state legislative leaders had become accustomed to equate the growth of their privileges with popular rights. With the collapse of royal power in America these old assumptions suddenly became obsolete, yet lawmakers were not always attuned to the new political realities. Those who failed to move with the times suddenly found themselves targets of harsh public criticism directed against their claims of special privilege. This is seen vividly in South Carolina, where the lower house was the arena for three important political battles between I784 and I794 that led to a major redefinition of legislative privilege in that state. The following account of the ways in which these cases were resolved not only fills a gap in our knowledge of legislative and legal history but also sheds light on the changing relationship of legislators to their constituents in post-Revolutionary America. Legislative privilege, an amorphous concept, refers to rights claimed and exercised by a legislative body. In Anglo-American tradition, these rights most commonly included freedom of speech on the legislature's floor, freedom of members from molestation by outsiders, the right of the legislature to determine its membership and select its officers, and its right to punish anyone, even nonmembers, who infringed its privileges. It was this last claim-the legislature's authority over nonmembers-that created a political uproar in South Carolina. In England, the rights of the House of Commons evolved to protect that body from undue influence by the crown as well as from other external pressures. Freedom of debate was formally claimed as early as I 54I, and freedom from arrest and molestation was won in i604, although during the Tudor and Stuart eras these privileges were not so well developed that they could not be challenged. As the Commons struggled to establish its position against the crown and the royal courts, it did whatever was
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