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 did not disguise that the case is without a precedent
in the history of the Senate. Never before has a Senator appeared in
this Chamber with the credentials of a minority. And I venture to say
further, that the rule of a majority has the constant consecration
of history in the proceedings of parliamentary or electoral bodies.
It is the rule of the House of Commons in the choice of Speaker; and
this is the most important precedent for us, for our Parliamentary
Law is derived from England. But it antedates the English Parliament.
The oldest electoral body in the world is the Conclave of Cardinals;
but who has heard that a Pope was ever elected by a minority? I ask
your attention to this example, that you may see how the rule of
the minority is constantly rejected, notwithstanding temptation,
inducement, and pressure to adopt it. There have been many contested
elections, during which the Cardinals, separated from the world, each
in a small apartment or cell of the Vatican or the Palace of the
Quirinal, have been imprisoned like a jury, sometimes for months,
waiting for the requisite majority. They did not undertake to change
the rule, and set up the will of a minority. There was Lambertini,
who shone as Pope Benedict the Fourteenth, conspicuous as statesman
and patron of letters, who was not chosen until after six months’
ineffectual efforts. Such instances stand like so many pillars, and I
refer to them now as proper to guide your conduct.
The question before us is of law, and nothing else. It is not a
question of politics or of sentiment, except so far as these enter into
the determination of law. It is a question for reason alone.
It lies in a nutshell. A brief text of the National Constitution, and
another brief text of a local statute, are all that need be considered.
The National Constitution provides as follows:--
“The Senate of the United States shall be composed of two
Senators from each State, chosen by the _Legislature_ thereof.”
“The times, places, and _manner of holding elections for
Senators_ and Representatives shall be _prescribed_ in each
State by the _Legislature_ thereof; but the Congress may at any
time by law make or alter such regulations, except as to the
places of choosing Senators.”
In carrying out this provision, the Legislature of New Jersey, by a
statute passed April 10, 1846, and copied from a statute passed in
1790, enacted as follows:--
“Senators of the United States on the part of this State shall
be appointed _by the Senate and General Assembly of this State
in joint meeting assembled_.”
Public-domain text, read in full here on John Shaqi.
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