Charles Sumner: his complete works, volume 14 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 14 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
I have only alluded to the Law of Corporations; but this law is of
weight in determining the present case. According to this law, the
rule of the majority must prevail. Indeed, an eminent jurist says that
this rule is according to the Law of Nature, as it is unquestionably
according to the Roman Law, and the modern law of civilized states.[5]
But what is a legislative body but a political corporation? Therefore,
when asked if a Legislature, even by legislative act, may set
aside the rule of the majority in the election of Senators, I must
candidly express a doubt. The Constitution confides this power to the
“Legislature”; but the “Legislature” consists of a majority. _Ubi
major pars est, ibi totum_: “Where the greater part is, there is the
whole.” Such is an approved maxim of the law; and this maxim has in its
support, first, the Law of Nature, secondly, the Law of Corporations,
thirdly, the Parliamentary Law, and, fourthly, the principles of
republican government. Who ever thought of saying, Where the minority
is, there is the whole?
But we are not asked now to decide the question, whether the
Legislature, by legislative act, may substitute the rule of a minority
for the majority. That question is not necessarily before us. In the
present case there has been no legislative act; and the question is,
whether the rule of the minority may be substituted for the majority
by the abnormal body known as joint meeting. On this point the
conclusion is clear. Even assuming that this substitution may be made
by legislative act, it does not follow that it may be made in joint
meeting.
Surely, such a change is of immense gravity, and should be made
only under all possible solemnities and safeguards. If ever there
was occasion for the delays and precautions provided by legislative
proceedings, with three different readings in each separate House,
it must be when such a change is in question. Such surely is the
suggestion of reason. But the Constitution itself, which delegates to
the “Legislature” of each State the power to _prescribe the manner_ of
electing Senators, uses language not open to evasion. This power is
to be exercised by the “Legislature,” which may prescribe the manner.
It is not to be exercised by any other body than the Legislature; and
the manner is to be prescribed by the Legislature. But, assuming that
it may be exercised in joint meeting, it is clear that this must be in
pursuance of some legislative act, prescribing in advance the manner.
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