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
Then came the polished Cowper, at first without a peerage, but after
a short time created a member of the House. Here again the historian
records, that, while he remained a commoner, “he took his place on
the woolsack as Speaker of the House of Lords, and without a right to
debate or vote.”[127] It appears, that, “not being permitted to share
in the debates in the House of Lords, he amused himself by taking notes
of the speeches on the opposite sides.”[128] Afterward, even when a
peer, and, as Chancellor, presiding at the impeachment of Sacheverell,
Lord Cowper did not interfere further than by saying, “Gentlemen of the
House of Commons,” or “Gentlemen, you that are counsel for the prisoner
may proceed.”[129]
Harcourt followed Cowper as Keeper of the Great Seal, but he was not
immediately raised to the peerage. It is recorded that during one
year he had “only to sit as Speaker,”[130]--that is, only to preside.
Afterwards, as peer, he became a member. On the accession of George
the First, Harcourt, in turn, gave place to Cowper, who was again made
Chancellor. To him succeeded the Earl of Macclesfield, with all the
rights of membership.
Lord Macclesfield, being impeached of high crimes and misdemeanors as
Chancellor, Sir Peter King, at the time Chief Justice of the Common
Pleas, was made presiding officer of the upper House, with only the
limited powers belonging to a presiding officer who is not a member of
the body. Here the record is complete. Turn to the trial and you will
see it all. It was he who gave directions to the managers, and also
to the counsel,--who put the question, and afterward pronounced the
sentence; but he acted always as presiding officer and nothing else.
I do not perceive that he made any rulings during the progress of the
trial. He was Chief Justice of the Common Pleas, acting as President
_pro tempore_. The report, describing the opening of the proceedings,
says that the articles of impeachment, with the answer and replication,
were read “by direction of the Lord Chief Justice King, Speaker of the
House of Lords.”[131] Another definition of the term _preside_.
All this is compendiously described by Lord Campbell:--
“Sir Peter, not being a peer, of course had no deliberative
voice, but, during the trial, as the organ of the House of
Peers, he regulated the procedure without any special vote,
intimating to the managers and to the counsel for the defendant
when they were to speak and to adduce their evidence. After the
verdict of _Guilty_, he ordered the Black Rod to produce his
prisoner at the bar; and the Speaker of the House of Commons
having demanded judgment, he, in good taste, abstaining from
making any comment, dryly, but solemnly and impressively,
pronounced the sentence which the House had agreed upon.”[132]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account