The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 9 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Mr. Onslow, the ablest among the Speakers of the House of Commons, used
to say, "It was a maxim he had often heard when he was a young man, from
old and experienced members, that nothing tended more to throw power
into the hands of administration and those who acted with the majority of
the House of Commons, than a neglect of, or departure from, the rules of
proceeding; that these forms, as instituted by our ancestors, operated
as a check, and control, on the actions of the majority; and that they
were, in many instances, a shelter and protection to the minority,
against the attempts of power."
So far the maxim is certainly true, and is founded in good sense, that
as it is always in the power of the majority, by their numbers, to stop
any improper measures proposed on the part of their opponents, the only
weapons by which the minority can defend themselves against similar
attempts from those in power, are the forms and rules of proceeding, which
have been adopted as they were found necessary from time to time, and are
become the law of the house; by a strict adherence to which, the weaker
party can only be protected from those irregularities and abuses which
these forms were intended to check, and which the wantonness of power
is but too often apt to suggest to large and successful majorities.--2
_Hats._ 171, 172.
And whether these forms be in all cases the most rational or not, is
really not of so great importance. It is much more material that there
should be a rule to go by, than what that rule is; that there may be a
uniformity of proceeding in business, not subject to the caprice of the
Speaker, or captiousness of the members. It is very material that order,
decency, and regularity be preserved in a dignified public body.--2
_Hats._ 149. And in 1698 the Lords say the reasonableness of what is
desired is never considered by us, for we are bound to consider nothing
but what is usual. Matters of form are essential to government, and 'tis
of consequence to be in the right. All the reason for forms is custom,
and the law of forms is practice; the reason is quite out of doors. Some
particular customs may not be grounded on reason, and no good account
can be given of them; and yet many nations are zealous for them; and
Englishmen are as zealous as any others to pursue their old forms and
methods.--4 _Hats._ 258.
SECTION II.
LEGISLATURE.
$All legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.--_Constitution of the United States_, Article I.,
Section 1.
The Senators and Representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the treasury of the
United States. _Const. U. S._, Art. I. Sect. 6.
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