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
The Senator from Illinois says, Suppose we strike out Mr. Stockton’s
name, what will be the effect? I answer, To change all subsequent
proceedings, and make them as if he had not voted, so that the whole
record must be corrected accordingly. The Senator supposes a bill
passed by mistake afterwards discovered, and asks if the bill could be
arrested. Clearly, if not too late. A familiar anecdote with regard to
the passage of the Act of _Habeas Corpus_ in England will help answer
the Senator. According to the story,--it is Bishop Burnet who tells
it,[21]--this great act, which gave to the English people what has
since been called the palladium of their liberties, passed under a
misapprehension created by a jest. It seems that among the affirmative
peers walking through the tellers was one especially fat, when it was
said, “Count ten,”--and ten was counted for the bill, thus securing its
passage. I am not aware that the mistake was divulged until too late
for correction. But we have had in the other House two different cases,
which answer precisely the inquiry of the Senator.
Here Mr. Sumner read from the House Journal, 29th Congress, 1st
Session, July 6, 1846, p. 1032, a motion by Mr. McGaughey with
regard to the Journal. He next read from the House Journal,
31st Congress, 1st Session, September 10, 1850, p. 1436, the
following entry:--
“The Speaker stated that the result of the vote of the
House on yesterday on the passage of the bill of the House
(No. 387) to supply a deficiency in the appropriation
for pay and mileage of members of Congress for the
present session had been erroneously announced, and that
the subsequent proceedings upon the said bill would
consequently fall.
“The Speaker then announced the vote to be, Yeas 78, Nays
76.
“So the bill was passed; and the journal of yesterday was
ordered to be amended accordingly.”
In conformity with this precedent, Mr. Sumner did not doubt
that by the correction of the journal the vote affirming Mr.
Stockton’s seat would fall, and he thought it better to follow
this course; but, anxious to avoid a protracted discussion, and
to “seek a practical result,” he was willing to withdraw his
proposition.
Mr. Sherman, of Ohio, thought that Mr. Sumner would “err
in withdrawing the proposition.” Mr. Davis, of Kentucky,
maintained “that Mr. Stockton had an undoubted right to vote.”
Mr. Stockton followed in vindication of his vote, referring
especially to an alleged understanding between Mr. Morrill
and Mr. Wright, which he said was violated by the vote of the
former.
Public-domain text, read in full here on John Shaqi.
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