Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Now, from the beginning, it appears that in England there have been
two different rules with regard to elections by the legislature and
elections by the people. Elections by the legislature, like legislative
acts, have been by majority; elections by the people for Parliament
have been by plurality. This distinction is found throughout English
history.
The House of Commons chooses its Speaker by majority. It may be said,
also, that it chooses the Ministers of the Crown in the same way,
because the fate of a cabinet depends upon a majority. In short,
whatever it does, unless it be the nomination of committees, is by
majority. It is only through majority that it can act. The House of
Commons itself is found in the majority of its members,--never in a
minority.
On the other hand, members of Parliament are chosen by plurality. No
reason is assigned for the difference; but it may be found, perhaps, in
two considerations: first, the superior convenience, amounting almost
to necessity, of choosing members of Parliament in this way; and,
secondly, the fact that popular bodies were not embraced by the Law of
Corporations, which establishes the rule of the majority.
Here I adduce the authority of Mr. Cushing, in his Parliamentary Law,
in the very passage cited by the Senator from Illinois:--
“At the time of the first settlement and colonization of the
United States, the elections of members of Parliament in
England were conducted upon the principle of plurality, which
also prevailed in all other elections in which the electors
were at liberty to select their candidates from an indefinite
number of qualified persons. Such has been, and still continues
to be, the Common Law of England; and such is the present
practice in that country in all elections.”[3]
It will be perceived that this statement is with reference to popular
elections, and not elections by corporate or legislative bodies. So far
as it goes, it is explicit. But pardon me, if I say that the Senator
from Illinois has misunderstood it. Had he examined it carefully, he
would have seen that it had no bearing on the present case. Nobody
questions the plurality rule in the election of members of Congress,
although few, perhaps, have considered how it came into existence. Mr.
Cushing, whom the Senator cites, explains it, and in a way to furnish
no authority for a minority instead of a majority in a legislative
body. The rule prevailed in England. The colonies of Virginia and
New York adopted it. From these, as they became States, it gradually
extended throughout the country. A different rule was carried to New
England by the Puritan Fathers. Even popular elections were by the rule
of the majority, as is explained by the same learned authority.
Public-domain text, read in full here on John Shaqi.
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