Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Passing from these examples of recent history, I return to the rule as
known to our fathers at the adoption of the National Constitution. On
this head the evidence is complete. It is found in the State Trials
of England, in parliamentary history, and in the books of law; but it
is nowhere better exhibited than in the Lives of the Chancellors, by
Lord Campbell, himself a member of the House of Lords and a Chancellor,
familiar with it historically and practically. He has stated the
original rule, and in his work, which is as interesting as voluminous,
has furnished constantly recurring illustrations of it. In the
Introduction to his Lives, where he describes the office of Chancellor,
he enunciates the rule:--
“Whether peer or commoner, the Chancellor is not, like the
Speaker of the Commons, moderator of the proceedings of the
House in which he seems to preside; he is not addressed in
debate; he does not name the peer who is to be heard; he is
not appealed to as an authority on points of order; and he
may cheer the sentiments expressed by his colleagues in the
ministry.”[110]
Existing rules of the Senate add to these powers; but such is the rule
with regard to the presiding officer of the House of Lords, even when
a peer. He is not appealed to on points of order. If a commoner, his
power is still less.
“If he be a commoner, notwithstanding a resolution of the House
that he is to be proceeded against for any misconduct as if he
were a peer, he has neither vote nor deliberative voice, and he
can only put the question, and communicate the resolutions of
the House according to the directions he receives.”[111]
In the early period of English history the Chancellors were often
ecclesiastics, though generally commoners. Fortescue, Wolsey, and More
were never peers. This also was the case with Sir Nicholas Bacon,
father of Lord Bacon, who held the seals under Queen Elizabeth for
twenty years, and was colleague in the cabinet of Burleigh. Lord
Campbell remarks on his position as presiding officer of the House of
Lords:--
“Not being a peer, he could not take a share in the Lords’
debates; but, presiding as Speaker on the woolsack, he
exercised a considerable influence on their deliberations.”[112]
Then again we are told:--
“Being a commoner, he could neither act as Lord Steward nor sit
upon the trial of the Duke of Norfolk, who was the first who
suffered for favoring Mary’s cause.”[113]
Thus early do we meet illustration of this rule, which constantly
reappears in the annals of Parliament.
Public-domain text, read in full here on John Shaqi.
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