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
Thus far I have considered this provision in the light of authorities
already known and recognized at the adoption of the National
Constitution. This is enough; for it is by these authorities that its
meaning must be determined. You cannot reject these without setting at
defiance a fixed rule of interpretation, and resorting instead to vague
inference or mere imagination, quickened, perhaps, by your desires.
Mere imagination and vague inference, quickened, perhaps, by your
desires, are out of place when Parliamentary Law is beyond all question.
Pardon me, if I protract this argument by an additional illustration,
derived from our own Congressional history. This is found under the
parallel provision of the National Constitution relating to the
Vice-President, which, after much debate in another generation,
received authoritative interpretation: “The Vice-President of the
United States shall be _President of the Senate_, but shall have
no vote, unless they be equally divided.” In other words, the
Vice-President, like the Chief Justice, shall _preside_ in the Senate,
but, unlike the Chief Justice, with a casting vote. His general powers
are all implied in the provision that he shall preside.
No question has occurred with regard to the vote of the Vice-President,
for this is expressly regulated by the National Constitution. But the
other powers of the Vice-President, when presiding in the Senate,
are left to Parliamentary Law and express rules. Some of the latter
were settled at an early day. From the rules of the Senate at the
beginning it appears, that, independent of his casting vote, nothing
was originally recognized as belonging to a _presiding_ Vice-President
beyond his power to occupy the chair. All else was determined by the
rules. For instance, Senators, when speaking, are to address the
Chair. This rule, which seems to us so superfluous, was adopted 16th
April, 1789, early in the session of the first Congress, in order to
change the existing Parliamentary Law, under which a member of the
upper House of Parliament habitually addresses his associates, and
never the Chair. Down to this day, in England, a peer rising to speak
says, “My Lords,” and never “My Lord Chancellor,” although the latter
_presides_. Another rule, adopted at the same date, has a similar
origin. By Parliamentary Law, in the upper House of Parliament, when
two members rise at the same time, the House, by their cry, indicate
who shall speak. This was set aside by a positive rule of the Senate
that in such a case “the President shall name the person to speak.” The
Parliamentary Law, that the presiding officer, whether a member or not
a member, shall put the question, was reinforced by an express rule
that “all questions shall be put by the President of the Senate.”
Public-domain text, read in full here on John Shaqi.
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