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 powers of the presiding officer of the House of Lords are
illustrated by authority and precedents, all in harmony with the
statement of Blackstone. Ordinarily the Keeper of the Great Seal is the
presiding officer; but, unless a member of the body, he can do little
more than put the question. Any other person, as a Chief Justice, may
be delegated by royal commission. According to the rules of the House,
even if a peer, he cannot speak without quitting the woolsack, which is
the Chair, and moving “to his own place as a peer.”[102] The right of
speech belongs to him as a member, but he cannot exercise it without
leaving his place as presiding officer. So is he circumscribed.
A late writer on Parliamentary Law, whose work is a satisfactory guide,
thus sententiously sums up the law and usage:--
“The position of the Speaker of the House of Lords is somewhat
anomalous; for, though he is the president of a deliberative
assembly, he is invested with no more authority than any other
member; and if not himself a member, his office is limited to
the putting of questions and other formal proceedings.”[103]
This statement is in obvious harmony with that of Blackstone; so that
there is no difference between the writer who is our guide to-day and
the learned commentator who was the guide of our fathers.
Mr. May goes still further, and lets us know that it is only as a
member of the House that the presiding officer can address it, even on
points of order:--
“Upon points of order, the Speaker, if a peer, may address
the House; but, as his opinion is liable to be questioned,
like that of any other peer, he does not often exercise his
right.”[104]
Thus, even if a peer, even if a member of the upper House, the
presiding officer cannot rule a point of order, nor address the
House upon it, except as any other member; and what he says is open
to question, like the utterance of any other member. Such is the
conclusion of the most approved English authority.
American writers on Parliamentary Law concur with English. Cushing,
who has done so much to illustrate the whole subject, says of the
presiding officer of the Lords, that he “is invested with no more
authority for the preservation of order than any other member; and if
not himself a member, his office is limited to the putting of questions
and other formal proceedings; … if he is a peer, he may address the
House and participate in the debates as a member.” He then says again:
“If a peer, he votes with the other members; if not, he does not vote
at all.” And he adds: “There is no casting vote in the Lords.”[105]
This statement was made long after the adoption of the National
Constitution, and anterior to the present controversy.
Public-domain text, read in full here on John Shaqi.
Charles Sumner: his complete works, volume 16 (of 20) — John Shaqi
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