Charles Sumner: his complete works, volume 20 (of 20) — John Shaqi
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 preparation of articles of impeachment against the Earl of Danby,
Lord High Treasurer in the reign of Charles the Second, December 21,
1678, presented the same rule in another aspect. It was no longer a
bill, but an inquiry or investigation, when the Speaker said:--
“No man, by the ancient rules of the House, is to be of a committee
of a _thing_ he is against.”[33]
Here the language is somewhat broadened, though in entire keeping with
the other cases. A man cannot be on a committee “of a _thing_ he is
against.” In other words, if he is against the inquiry for which a
committee is created, he cannot be on it. And here again good faith
requires that the rule should be observed not merely in form, but in
substance.
These cases were analyzed and adopted by Mr. Jefferson in his
authoritative “Manual”; so that they have become American Parliamentary
Law, as obligatory here as in England. Speaking always by their
essential reason, but with the weight of precedent also, they are not
less binding than if promulgated with an enacting clause.
Mr. Jefferson furnishes other and most important words of his own:--
“And when any member who is against the bill hears himself named of
its committee, _he ought to ask to be excused_.”[34]
This is the language of our Manual, declaring the duty of a member
who hears himself named of a committee on a bill he is against. Of
course the general rule is applicable to any other matter referred
to a committee. The words are, “he _ought_ to ask to be excused.” Of
course his continuance on the committee, or any attempt to exercise its
duties, is a violation of Parliamentary Law, unless you are ready to
discard this positive injunction.
Mr. Jefferson then adds, by way of illustration:--
“Thus, March 7, 1606, Mr. Hadley was, on the question being put,
excused from being of a committee, declaring himself to be against
the matter itself.”[35]
And our great authority declares that this is “a constant rule.”[36]
Such is Parliamentary Law; and Mr. Jefferson has answered in advance
the possible objection, that this is English and not American. After
saying, in his preface to the “Manual,” that the Senate has given to
these rules “the sanction of their approbation,” he announces “the
law of proceedings in the Senate as composed of the precepts of the
Constitution, the regulations of the Senate, and, where these are
silent, of _the rules of Parliament_.” Such, according to him, is
the law of our proceedings. The “Manual” which he presents he hopes
others may fill up, “_till a code of rules_ shall be formed for the
use of the Senate, the effects of which may be accuracy in business,
economy of time, order, uniformity, and impartiality.” The last word is
“_impartiality_,” which, doubtless, is a main object to be secured.
Any one disposed to neglect these rules will find a warning from Mr.
Jefferson. In his opening chapter he quotes these words from the famous
Speaker Onslow:--
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