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
In this vindication the careful and elaborate author shows how
completely the early rule is recognized. The same learned authority,
while stating the English and American Parliamentary Law, shows how
the examination is conducted:--
“When an inquiry is instituted and an examination of witnesses
undertaken by the House in its inquisitorial capacity, it is
customary for the member on whose motion or suggestion the inquiry
has been engaged in, or for some of the members voting with him for
the inquiry, to take the lead in the examination of the witnesses,
… or, in other words, to examine the witnesses in chief.”[39]
Plainly, according to this usage, Mr. Schurz, and not Mr. Hamlin,
should take the lead and examine the witnesses in chief.
The other parliamentary authority to which I refer is Hon. R. M.
T. Hunter, former Speaker of the House of Representatives. In his
valedictory speech, March 3, 1841, this gentleman, who brought thought
and study to the discharge of his public duties, took occasion to
explain the principles governing the formation of committees, and
all must admit that he did it with a clearness and philosophy not
surpassed in parliamentary history. According to him, those having
the affirmative of a proposition should have the direction of the
committee. Speaking generally, he says:--
“The party upon which it naturally devolves to propose a question
ought to have the power, it would seem, to present its proposition
in the shape for which it is willing to be responsible; and as the
different parties hold the affirmative according to the nature of
the question, so ought the constitution of the committees to be
varied.”
Then, in language precisely applicable to the present case, the Speaker
says:--
“In committees of investigation it is equally clear that the
opposition, _who hold the affirmative_, should have the majority
and the power.”[40]
This instructive statement is in admirable harmony with the rule, as
declared in early times, that those “against the thing” cannot go on
the committee,--and that a measure, like a child, is not put to a nurse
that cares not for it. The old Parliamentarians were less philosophical
than the American Speaker, but each meant the same thing. The prime
object is opportunity and fair play for those bringing forward a
proposition, or holding the affirmative. A committee _organized to
sustain the negative_ is the very committee described as a nurse that
cares not for the child, and therefore is a committee not tolerated by
Parliamentary Law.
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