Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The person who presides is simply, according to the language of our
Rules, “presiding officer,” and this designation is the equivalent or
synonym of speaker, and also of prolocutor, each of which signifies
somebody who speaks for the house. It is not implied that he votes
with the house, much less that he decides for the house, but only
that he is the voice of the house,--its speaker. What the house has
to say it says through him; but, except as organ of the house, he is
silent, unless also a member, when to his powers as presiding officer
he superadds the powers of a member also. From this brief statement it
appears at once how limited his functions must be.
Here I might stop; but, since this question has assumed unexpected
importance, I am induced to go further. It is easy to show that the
language of the National Constitution, if seen in the light of English
parliamentary history, must have an interpretation identical with its
natural import.
Nothing is clearer than this. If language employed in the National
Constitution had already, at the time of its formation, received a
definite meaning, it must be interpreted accordingly. Thus, when the
Constitution secures “trial by jury,” it secures that institution as
defined by antecedent English law. So, also, when it declares that the
judicial power shall extend to “all cases in law and equity” arising
under the National Constitution, it recognizes the distinction between
law and equity peculiar to English law. Courts of Common Law and Courts
of Equity are all implied in this language; and since there is no
further definition of their powers, we must ascertain them in England.
Cushing, in determining the rules of proceeding in our American
Legislatures, says:--
“Such was the practice of the two Houses of the British
Parliament when our ancestors emigrated; … and such has
continued to be, and now is, the practice in that body.”[97]
This resource has been most persuasively presented by Mr. Wirt, in
his remarkable argument on the impeachment of Judge Peck, where he
vindicates and expounds the true rule of interpretation.
According to this eminent authority, what he calls “the English
archetypes” were the models for the framers of the National
Constitution. The courts were fashioned after these “archetypes.” They
were instituted according to “the English _originals_, to which they
were manifestly referred by the Constitution itself.”[98] Here again I
quote the words of Mr. Wirt.
All this is precisely applicable to that part of the National
Constitution under consideration. In essential features it was borrowed
from England. There is its original, its model, its archetype.
Therefore to England we go.
Public-domain text, read in full here on John Shaqi.
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