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
A few weeks after Henley first took his place as presiding officer,
Franklin arrived in London for the second time, and continued there, a
busy observer, until after the Judge was created a peer. Even if he had
been ignorant of parliamentary usage, or had forgotten what passed at
the trial of Lord Macclesfield, he could not have failed to note that
the House of Lords had for its presiding officer an eminent judge,
who, not being a member, could take no part in its proceedings beyond
putting the question.
Afterward, in 1770, there was a different arrangement. Owing to
difficulty in finding a proper person as Chancellor, the Great Seal
was put in commission, and Lord Mansfield, Chief Justice of England,
was persuaded to act as presiding officer. Curiously enough, Franklin
was again in England, on his third visit, and remained through the
service of Lord Mansfield in this capacity. Thus this illustrious
American, afterward a member of the Convention that framed the National
Constitution, had at two different times seen the House of Lords with a
presiding officer who, not being a member of the body, could only put
the question, and then again with another presiding officer who, being
a member of the body, could vote and speak, as well as put the question.
But Franklin was not the only member of the National Convention to
whom these precedents were known. One or more had been educated at the
Temple; others were accomplished lawyers, familiar with the courts
of the mother country. I have already mentioned that Blackstone’s
Commentaries, where the general rule is clearly stated, was as well
known in the Colonies as in the mother country. Besides, our fathers
were not ignorant of the history of England, which, down to the
Declaration of Independence, had been their history. The English law
was also theirs. Not a case in its books which did not belong to them
as well as to the frequenters of Westminster Hall. The State Trials,
involving principles of Constitutional Law, and embodying these very
precedents, were all known. At least four editions had appeared
several years before the adoption of the National Constitution. I
cannot err in supposing that all these were authoritative guides at
the time, and that the National Constitution was fashioned in all the
various lights, historical and judicial, which they furnished.
Public-domain text, read in full here on John Shaqi.
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