Charles Sumner: his complete works, volume 20 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 20 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“The House allowing of this Bill to be committed are, in my
opinion, to _disallow_ any that will be against the Body of the
Bill for being Committees.”
Sir Edward Hobby followed:--
“And for my own opinion, I think that he that is against the Body
of the Bill can be no Committee.”
The report then proceeds:--
“Then the Speaker stood up and said, ‘… All that will have a man
that hath been against the Body of the Bill to be a Committee, let
them show their opinions by saying _Yea_.’ And not one said _Yea_.
‘All that will not, say _No_.’ And all said _No_.”
I take this important precedent from Townshend’s “Historical
Collections: or, An Exact Account of the Proceedings of the Four Last
Parliaments of Q. Elizabeth,” pp. 208, 209. The same account is found
also in D’Ewes’s “Journals of all the Parliaments during the Reign of
Queen Elizabeth,” pp. 634-35.
Thus, on submission of the question by the Speaker, the House
unanimously decided that they would “not have a man that hath been
against the Body of the Bill to be a Committee.” According to the
report, “All said _No_”; and that unanimous “No” is the voice of
Parliamentary Law, repeated ever since. The phrase “against the Body
of the Bill” is strong and suggestive, showing the purpose to exclude
those who were unfriendly to the measure.
Following the history of the rule, we meet it again, as stated by
Hakewel in his “Modus tenendi Parliamentum,” published in 1671:--
“He that speaketh directly against the body of the bill may not
be named a committee; for he that would totally destroy will not
amend.”[31]
Here again is the declared purpose to save the measure from the hands
of enemies.
Then follows a case remarkable for words which have become familiar
in Parliamentary Law. It was that of Colonel Birch, who, February 11,
1677, brought into Parliament a Bill for Settling a Public Register for
Lands in the several Counties, and in his remarks said:--
“I begged you formerly _not to put the child to a nurse that cared
not for it_. For it was formerly committed to two lawyers, and the
thing was lost.”[32]
Here the commitment of a bill for reform in law to “two lawyers” was
condemned, because they were a nurse that did not care for it; and the
casual remark of the author of the bill has become historical. There
is good law as well as sense in his saying, that a child is not put
to a nurse that cares not for it. Parliamentary Law, in the creation
of special committees, always seeks those who care for the business,
whatever it may be. One against an inquiry, or believing that there is
no occasion for it, is repudiated by this rule, so just and benign, and
also so venerable with years.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account