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
“No member shall vote on any question in the event of which he
is immediately and particularly interested.”[13]
This is but an expression in parliamentary language of what I have
announced as the rule of universal jurisprudence. But, Sir, this rule
was borrowed from the rules of the British House of Commons, one of
which is,--
“If anything shall come in question touching the _return or
election_ of any member, he is to withdraw during the time the
matter is in debate.”[14]
I quote from May’s Parliamentary Law. From another work of authority,
Dwarris on Statutes, I now read:--
“No member of the House may be present in the House when a bill
or any other business concerning himself is debating; while the
bill is but reading or opening, he may.”[15]
Then, after citing two different cases, the learned writer proceeds:--
“This rule was always attended to in questions relative to the
seat of a member on the hearing of controverted elections, and
has been strictly observed in cases of very great moment.”[16]
Again the same writer says:--
“Where a member appeared to be ‘somewhat’ concerned in
interest,”--
That is the phrase, only “somewhat concerned,”--
“his voice has been disallowed after a division.”[17]
Then, again, our own eminent countryman, Cushing, who was quoted so
frequently the other day, in his elaborate book on the Law and Practice
of Legislative Assemblies, expresses himself as follows:--
“Cases are frequent in which votes received have been
disallowed.”[18]
Again he says:--
“Votes have also been disallowed after the numbers have been
declared, on the ground that the members voting were interested
in the question; and, in reference to this proceeding, there is
no time limited within which it must take place.”[19]
Thus, Sir, it is apparent that Parliamentary Law is completely in
harmony with Natural Law. Indeed, if it were not, it would be our duty
to correct it, that it might be made in harmony.
* * * * *
And now, after this statement of the law, which I believe completely
applicable to the present case, I am brought to consider the remedy. I
said at the outset that there were two modes: one was by disallowing
the vote on motion to that effect, and the other by amending the
journal. But first let me call attention to the practice in disallowing
a vote on motion. I have already read from Dwarris, where the vote was
disallowed, and I will read it again:--
“Where a member appeared to be ‘somewhat’ concerned in
interest, his voice has been disallowed after a division.”
MR. TRUMBULL. Was that at the same or a subsequent session?
Public-domain text, read in full here on John Shaqi.
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