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 the Speaker to the Clerk, we find still another
illustration, showing that the word _preside_, under which the
Chief Justice derives all his powers, has received an authoritative
interpretation in the rules of the House of Representatives, and the
commentaries thereon. I cite from Barclay’s Digest.
“Under the authority contained in the Manual, and the usage
of the House, the Clerk _presided_ over its deliberations
while there was no Speaker, but simply put questions, and,
where specially authorized, preserved order, not, however,
undertaking to decide questions of order.”[147]
In another place, after stating that in several Congresses there
was a failure to elect a Speaker for several days, that in the
twenty-sixth Congress there was a failure for eleven days, that in the
thirty-first Congress there was a failure for nearly a month, that in
the thirty-fourth and thirty-sixth Congresses respectively there was a
failure for not less than two months, the author says:--
“During the three last-named periods, while the House was
without a Speaker, the Clerk _presided_ over its deliberations;
not, however, exercising the functions of Speaker to the extent
of deciding questions of order, but, as in the case of other
questions, putting them to the House for its decision.”[148]
This limited power of the Clerk is described in a marginal note of the
author,--“Clerk _presides_.” The author then proceeds:--
“To relieve future Houses of some of the difficulties which
grew out of the very limited power of the Clerk as _a presiding
officer_, the House of the thirty-sixth Congress adopted the
present 146th and 147th rules, which provide, that, ‘pending
the election of a Speaker, the Clerk shall preserve order and
decorum, and shall decide all questions of order that may
arise, subject to appeal to the House.’”[149]
From this impartial statement we have a practical definition of the
word _preside_. It is difficult to see how it can have a different
signification in the National Constitution. The word is the same in the
two cases, and it must have substantially the same meaning, whether
it concern a Clerk or a Chief Justice. Nobody ever supposed that a
_presiding_ Clerk could rule or vote. Can a _presiding_ Chief Justice?
Public-domain text, read in full here on John Shaqi.
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